Title IX

Sexual harassment is unwelcome conduct of a sexual nature. It includes unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature.

Sexual violence is a form of sexual harassment. Sexual violence refers to physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent. A number of different acts fall into the category of sexual violence, including rape, sexual assault, sexual battery, sexual abuse, and sexual coercion.

Title IX also prohibits gender-based harassment, which is unwelcome conduct based on a student’s sex, harassing conduct based on a student’s failure to conform to sex stereotypes.

Sex-based harassment can be carried out by school employees, other students, and third parties. All students can experience sex-based harassment, including male and female students, LGBT students, students with disabilities, and students of different races, national origins, and ages. Title IX protects all students from sex-based harassment, regardless of the sex of the parties, including when they are members of the same sex.

Sex-based harassment creates a hostile environment if the conduct is sufficiently serious that it denies or limits a student’s ability to participate in or benefit from the school’s program. When a school knows or reasonably should know of possible sex-based harassment, it must take immediate and appropriate steps to investigate or otherwise determine what occurred. If an investigation reveals that the harassment created a hostile environment, the school must take prompt and effective steps reasonably calculated to end the harassment, eliminate the hostile environment, prevent its recurrence, and, as appropriate, remedy its effects.

Sexual Assault: An offense that meets the definition of rape, fondling, incest or statutory rape as used in the FBl’s Uniform Crime Reporting system. A sex offense is any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent.

Rape: The penetration, no matter how slight, of the vagina or anus with anybody part or object, or oral penetration by a sex organ of another person, without the consent of the victim.

Fondling: The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental incapacity.

Incest: Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.

Statutory Rape: Sexual intercourse with a person who is under the statutory age of consent.

Violence committed by a person (1) who is or has been in a social relationship of a romantic or intimate nature with the victim and (2) the existence of such a relationship shall be based on the reporting party’s statement and with consideration of the length of the relationship, the type of the relationship, and the frequency of interaction between the persons involved in the relationship. For the purposes of this definition dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse. Dating Violence does not include acts covered under the definition of domestic violence.

Felony or misdemeanor crimes of violence committed: (i) by a current or former spouse or intimate partner of the victim; (ii) by a person with whom the victim shares a child in common; (iii) by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner; (iv) by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred; or (v) by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred.

Engaging in a course of conduct directed at a specific person that would cause a reasonable person to: (i) fear for the person’s safety or the safety of others; or (ii) suffer substantial emotional distress. (2) For the purposes of this definition- (i) course of conduct means two or more acts, including, but not limited to, acts 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, a person, or interferes with a person’s property. (ii) Substantial emotional distress means significant mental suffering or anguish that may, but may not necessarily, require medical or other professional treatment or counseling. (iii) Reasonable person means a reasonable person under similar circumstances and with similar identities to the victim.

If Title IX criteria are met, then the Title IX Coordinator will assign the appropriate investigator who will contact you (the complainant) within approximately 72 hours to begin the investigation. If the Title IX Coordinator, in conjunction with the investigator, determines that the criteria for a Title IX case have been met then the investigation will move forward under Title IX regulations. The complainant and respondent(s) will be notified in writing of the determination for a formal Title IX investigation to move forward. This notification will include the relevant grievance procedures, detailed allegations, information regarding advisors, the inspection of evidence and a statement of the presumption that a respondent is not responsible unless determined to be by a hearing panel.

All parties have the right to select an advisor of their choice who may be present during all phases of the investigation including interviews, meetings and to conduct cross examination during hearings. Advisors are not required during the investigation but are highly encouraged.

The investigation will include interviews with the complainant, the respondent(s), any witnesses named by either the complainant or respondent or any other individuals who may have information relevant to the investigation. The investigation phase will typically take several weeks to complete depending upon the number of witnesses involved, the availability of witnesses to meet, the timing of the report and other mitigating factors. During this phase the investigator will also be collecting evidence in the form of surveillance video footage, keycard access records, visitor logs, class attendance records or other information/documentation that is relevant to determining if policies may have been violated. The investigator may request copies of relevant text messages, e-mails, social media posts or other documentation from the complainant, respondent or witnesses as part of this phase of the investigation. The complainant and respondent have the right to seek evidence during the investigation phase and the university will not set restrictions on either party discussing the case or gathering evidence.

At such a time as the investigator has collected all relevant information and evidence about the incident they will generate a comprehensive report and inform both the complainant and respondent of the availability of this report for review a minimum of 10 days before it is finalized. The complainant and respondent may review the report and all evidence and submit any responses to the report in writing. Written responses will become part of the finalized report. All parties will receive a copy of the finalized report a minimum of 10 before the scheduled hearing.

All formal complaints that meet Title IX criteria will be resolved through a live hearing before the Title IX Hearing Panel. The Title IX Hearing Panel is made up of a Panel Chair and members of the faculty and staff trained to serve on the panel. Hearings will be scheduled a minimum of 10 days following the finalization of the investigation report. All parties and witnesses must attend the scheduled hearing and submit to live, advisor-led cross examination. If any party chose not to have an advisor during the investigation, then an advisor must be chosen to conduct cross examination on that party’s behalf during the hearing. The university will provide an advisor for the hearing if one has not been previously selected by the party. Either party may request separate rooms and the use of live video interface or similar means of participating in the hearing so long as the parties are able to clearly hear and see one another. The statements of any party or witness will be excluded from consideration if they are absent from the hearing.

All parties present at the hearing will have equal opportunity to present any eyewitnesses, fact or expert witnesses and any inculpatory or exculpatory evidence collected by any source. Through their advisors, all parties will have the right to cross examine the other party, including the credibility or accuracy of all witnesses or any evidence presented. All questions must be cleared by the Hearing Administrator after being posed and the Administrator may exclude questions as irrelevant with their rationale becoming part of the formal hearing record. Any questions pertaining to the complainant’s sexual disposition or past sexual behavior will be considered irrelevant unless specifically allowed by the Hearing Administrator due to determined relevance to the hearing.

When all evidence has been presented and both parties provided the opportunity to cross examine witnesses and evidence the hearing will end and the Title IX Hearing Panel will meet privately for deliberation. After deliberation and discussion the Panel Chair will call for a simple majority vote to determine if the evidence presented in the hearing meets the Preponderance of Evidence standard of proof that the respondent was responsible for violating policies relating to Sexual Harassment, Assault, Domestic/Dating Violence or Stalking. If the panel determines that policy was not violated by the respondent then the work of the panel is completed and it will be dismissed by the Panel Chair. If the panel determines that the respondent was responsible for violating the policy then it will begin deliberation of sanctions.

Formal Reprimand

Notice of violation of specified policies and warning that further such conduct may result in a more severe disciplinary action. This reprimand will become part of the respondent’s student or employee record.

Conduct Restrictions

Limitation of certain privileges for a designated period of time. This may include but is not limited to the following: status and participation in any and all organized University activities; restriction of use of university facilities, services and resources; or restriction of contact with specific students, faculty and staff.

Conduct Probation

Imposition of conditions or restrictions on the individual(s) involved, with warning of more severe action if further infractions occur (or if probation is violated).

Fines

Monetary fines may be imposed including, but not limited to, incurring the cost of any mandated education or counseling the panel may require.

Restitution

Compensation for loss or damage incurred by the complainant or university as part of the policy violation.

Disciplinary Work or Duty Assignments

Work hours may be assigned in which the respondent engages in work benefiting the University or broader community. Failure to complete work assignment sanctions in the time allotted will be considered violation of probation and may result in further charges and sanctions.

Mandated Developmental Education

Rehabilitative educational experiences may be ordered that include, but are not limited to, attending relevant workshops/trainings determined to provide needed education on the area of concern, individual or group counseling related to the issues of concern or other mandated training, education or experiences. The individual may be required to incur any cost of such a mandated educational experience if it is part of formal sanction.

Facility Suspension

This sanction requires the respondent to maintain absence from designated university buildings or properties for a specific period of time or under clearly delineated conditions. In the case of an individual residing on campus this would require that they terminate occupancy of on-campus residence for a specified period of time. Individuals may be suspended from specific locations within campus buildings such as locker rooms, fitness centers, common areas or other locations determined by the panel.

Facility Expulsion

Facility Expulsion is a permanent separation of an individual from a location or locations on campus. The individual is permanently banned from being present in the designated location or locations. An individual expelled from the residence hall would not retain visitation rights.

University Suspension

University Suspension is the denial of enrollment, employment, attendance, and other privileges at the University for a given period of time; permission to reapply for admission/employment at the end of the period may be granted with or without qualifications. Individuals who are suspended are considered Persona Non Grata and may not be present on campus or at any campus events or programs either on or off campus for the duration of the suspension unless attending a mandated meeting, counseling or educational program as part of other sanctions.

University Expulsion/Termination

University Expulsion/Termination is permanent immediate dismissal and ongoing exclusion from the University learning community. Individuals who are expelled/terminated are considered Persona Non Grata and may not be present on campus or at any campus events or programs either on or off campus. Students who have been expelled are not eligible for readmission. In such a case as a student is expelled before matriculation then their admission is considered to be revoked.

Withholding Degree

The University may withhold awarding a degree otherwise earned until the completion of a Title IX process, including the completion of all sanctions imposed, if any.

The Hearing Panel Chair will communicate the determination of the panel, along with any sanctions, in writing to both parties simultaneously. The written notification will include a summary of allegations, a summary of all procedural steps taken, a summary of the facts used to make the determination, a determination for each allegation along the rationale for that determination, all sanctions associated with specific allegations for which the respondent was found responsible and a summary of permissible bases and procedures for appeal by both parties

Either party may request an appeal in writing based on any of the following:

• A procedural irregularity that is believed to have affected the outcome of the investigation or hearing
• Newly discovered evidence that could affect the outcome of the matter
• A conflict of interest or bias by any of the Title IX personnel that affected the outcome of the matter

The appeal may be made in regard to the dismissal of a complaint as not meeting Title IX criteria by the Title IX Coordinator, a determination made by the Hearing Panel or a dismissal of allegations made by the Hearing Panel.

Appeals will be shared with all parties, including investigators or Hearing Panel Chair as relevant, who have the right to make a written response to the stated reasons for appeal. The appeal is then reviewed by the Title IX Appeal Panel which will determine if the appeal is founded or unfounded. If the appeal is determined to be unfounded then the determination of the Hearing Board or Title IX Coordinator is upheld, and all parties are informed in writing of the decision. If the appeal is founded, then the Appeal Panel will review all relevant materials and vote to either overturn or maintain the determination of the hearing panel for some or all of the allegations. If a determination is overturned, then all sanctions associated with that allegation are dismissed. The Appeal Panel will notify all parties of their determinations in writing. The decisions of the Appeal Panel are final and no reviews or appeals beyond the Appeal Panel are available.

All documents will be maintained in the office of the Title IX Coordinator for seven (7) years. All training materials used for the training of investigators, hearing panel chairs and members and appeal panel members will be published to the university’s website for seven (7) years.