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Do I have to report? Who can a student contact to ask that one or more of these supportive measures are put in place? To submit written, relevant questions that a Party wants asked of any Party or witness and to be provided with the answers to such questions. A student who has been accused of Title IX prohibited conduct can contact a Resident Director, a Graduate Life Office Dean, and/or the Title IX Office. Responsibilities and Personnel. In order to give effective consent, the person must also be of legal age. University Trained Support Person(s) are administrators, faculty, or staff at the University trained on the Title IX Process. However, parties and witnesses may choose not to attend the hearing or may choose not to participate in cross examination at the hearing (see section XI (3)(b)).
Send an email to with as much as the following information as was reported to you (noting you should not investigate): - Name of the person who may have experienced Title IX Prohibited Conduct (Complainant). The Policy on Prohibited Sexual Harassment under Title IX and its Procedures was adopted in August 2020 following the release of the new Title IX regulations by the Department of Education. Parties may be accompanied by a member of the University community who will serve as a support person to any meeting related to the alternate resolution process. If, based on a preponderance of the evidence, that a policy was violated, the Coordinator will determine, in collaboration with the appropriate Deputy Coordinator, the appropriate sanctions that will be imposed. If a Formal Complaint is filed, a Notice of Allegations – which is a written document that contains, among other things, the known identities of the Parties involved in the incident, the conduct alleged to have occurred that constitutes sexual harassment and the date and location of the alleged incident – will be sent to any known Parties. The investigators will provide to a party written notice of the date, time, location, participants, and purpose of all investigative interviews to which they are invited or expected, with sufficient time (generally no less than three (3) business days, absent exigent circumstances) for the party to prepare to participate.
The University Sexual Misconduct policy applies only to certain conduct, as defined under that policy. You may make a complaint of sexual harassment even if the conduct occurs off campus. No, if you choose to respond informally and do not file a formal complaint (but you should review the information on confidentiality to better understand the university's obligations depending on what information you share with different people on campus). The sanction for willful or reckless damage or vandalism will ordinarily include restitution for replacement or repair. If the respondent is no longer a student or employee at the time of the report or formal complaint, the University may not be in a position to gather evidence sufficient to reach a determination as to the formal complaint and/or the University may not be able to take disciplinary action against the respondent. The term "confidentiality" refers to the circumstances under which information will or will not be disclosed to others. These training materials are publicly available on the University's Sexual Misconduct & Title IX website and will be made available for in-person review upon request. The University will seek to complete this initial assessment within ten (10) business days of receipt of the formal complaint. For example, if both parties joined the same eating club subsequent to signing the agreement or participated in the same study abroad program, either party could request a supplemental agreement to address the changed circumstances, provided that both parties agreed to any such revisions. Outreach will then be sent to the Complainant along with an offer to meet with the Complainant to assist with immediate safety measures and other necessary and appropriate supportive measures in consultation with the Title IX Coordinator. Harassing behavior could also be related to targeting an individual or group's gender, sexual orientation, or ethnicity. Similarly, the University will not require, encourage, or discourage the parties from participating in the alternate resolution process. Disciplinary consequences may result for those found responsible for Retaliation.
EthicsPoint is not a Confidential Resource and making a report to EthicsPoint may result in a University review or investigation. When an initial assessment or investigation under this policy identifies additional related possible violations of the University Sexual Misconduct policy by the same party(ies), the grievance process set forth in the Title IX Sexual Harassment policy and procedures will apply to all allegations. If the Hearing Panel decides to afford any weight to the statement of an individual who was absent from the hearing or was not available for full cross-examination at the hearing, the Hearing Panel's written determination must include a detailed explanation of its reasons for considering the statement, including an assessment of its relevance and reliability. Deputy Title IX Coordinator. Employees' Responsibility to Report. The University's policies protect you from sexual harassment by vendors, contractors, and other third parties that you encounter in your University learning, living, and employment environment. Confidential emotional and psychological support. Official with Authority refers to administrators in the Office of Gender Equity and Title IX Administration, who have authority to institute corrective measures on behalf of the University. Typically, an investigation can take up to approximately sixty (60) calendar days following the receipt of the complaint. Having or attempting to have non-consensual sexual intercourse with another person. Location of the incident (be as specific as possible: not "Responding Party's room" but "RP's room in Stern Hall" or "off-campus in downtown Palo Alto"). Information regarding the applicable grievance procedures, including the alternate resolution process. To request a no contact directive between the Parties.
Who serves on the Title IX Hearing Panels? Sexual Misconduct is any conduct that constitutes sexual harassment by individuals or organizations that is prohibited by Title IX. Notify the Title IX Office promptly. Reports of conduct that meet the definition of sexual harassment and the jurisdictional requirements will now be addressed in the Policy on Prohibited Sexual Harassment under Title IX. The following definitions clarify key terminology as used in this policy. Sexual assault, including rape, sodomy, sexual assault with an object, fondling, incest or statutory rape, dating violence, domestic violence, and stalking are all forms of sexual harassment as it is defined under Title IX. Providing limited transportation accommodations for the Parties. Complaints of sexual assault/sexual violence may not be resolved informally. Education Programs and Campaigns –> Requires education programs, prevention programs, and awareness campaigns on sexual violence, domestic violence, dating violence, and stalking.
Medical, psychological, and similar treatment records are privileged and confidential documents that cannot be accessed or used for a grievance process under this policy without the relevant party's voluntary, written consent. Notice of Allegations. In non-emergency situations, employees (other than those formally designated as Confidential Resources under this policy (see section V(1)) must promptly report suspected violations of this policy to the University Sexual Misconduct/Title IX Coordinator. Should you have any questions, or for more information, please contact Gwen Sutton, Title IX Coordinator at 901-543-6137 or. When I became aware of the incident, I was not acting in the capacity of my employment. If requested by a student Party, the Title IX Coordinator may assign a Trained Support Person to explain the Title IX process and attend interviews and meetings with a Party. The prohibited behaviors listed below are serious offenses and will result in University discipline. Educational trainings, prevention programs, and awareness campaigns: - EVERFI prevention course for employees – mandatory campus training on prohibited conduct and available resources. The complainant and the respondent may ask a support person of their choice to accompany him/her during the investigation process. If a formal complaint is filed, the accused individual has a right to know the identity of the complainant. If a Complainant requests to remain confidential, the University will give serious consideration to that request. We encourage anyone with knowledge of a Title IX violation to come forward and report it to their University Title IX Coordinator regardless of when the incident occurred. All members of the Hearing Panel shall review the case file (including the parties' responses), ask questions during the hearing as they deem appropriate, and participate in the deliberations leading to the Presiding Hearing Panelist's adjudication of responsibility (as described in section XI(3)(e)). Title IX and the Violence Against Women Act (VAWA) are two of the federal laws that are focused on providing safe, inclusive, and welcoming learning and work environments on campus.
For the purposes of the Stalking definition: Course of conduct means two or more acts, including acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about an individual, or interferes with an individual's property. Offensive, severe, and/or frequent remarks about a person's sex. The University is committed to providing a prompt and impartial investigation and adjudication of all formal complaints alleging violations of this policy. What is an Academic Medical Center? Recipients of the unwelcome behavior should be aware that not identifying the perpetrator may limit the institution's ability to respond comprehensively. Springfield, MO 65804. The appropriate procedure to determine the future status of the student organization will be initiated within seven (7) business days. What does it mean to consent to sexual activity? If a party does not have an adviser present at the hearing to conduct cross examination, the University will provide without fee or charge to that party an adviser selected by the University (who may be, but is not required to be, an attorney) to conduct cross-examination of the other party and/or any witnesses. The Presiding Hearing Panelist will decide whether evidence and witnesses are relevant or irrelevant, with the understanding that the introduction of relevant evidence and witnesses will always be permitted. What conduct is prohibited by Title IX? For more information about Title IX, visit the U. S. Department of Education's website. The Appeal Panel Chair may deem a late submission reasonable only under extenuating circumstances, and the Appeal Panel Chair may decide in their sole discretion what constitutes valid extenuating circumstances.
These advisors are not "advocates" who are trained to assist victims of sexual misconduct, and cannot speak on behalf of a student in any investigatory or adjudication process. What if I am a Party or witness and I refuse to submit to cross-examination? For much longer periods of time. Use of alcohol and/or other drugs will never excuse a violation by an accused student. The parties may choose to provide a written response, not to exceed 2500 words, to the investigative report, to be submitted within five (5) business days of receiving the investigative report. You can find more information about Drury's Safety & Security sexual assault protocols here.
An EthicsPoint report can be made without disclosing the reporting individual's own name, identifying the respondent, or requesting any action. At least ten (10) business days prior to the hearing, the investigative report will be provided to the parties and their advisers via electronic format. Important points regarding consent include: - Consent to one act does not constitute consent to another act. To report the matter to law enforcement (if applicable) and to have assistance in making that report. Phone: 417-874-2600. Sanctions Applicable to Non-Members of the University Community.
Before or during this decision-making process, complainants and other reporting individuals are encouraged to consult a Confidential Resource (see Appendix A). To request that the hearing be held virtually, with technology enabling participants simultaneously to see and hear each other. In accordance with federal regulations, the University will keep confidential the identity of any individual who has made a report or formal complaint under this policy, including any complainant, any individual who has been reported to be the perpetrator, any respondent, and any witness, except as may be permitted by Family Educational Rights and Privacy Act (FERPA), or as required by law, or to carry out the purposes of conducting any investigation or hearing under this policy. A Trained Support Person cannot be called upon as a witness by a Party in a hearing to testify about matters learned while that individual was acting in their capacity as a Trained Support Person.