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Like Policies Prohibited By Title Ix

Unfair treatment or discrimination due to a filed complaint. The Support Person may also act as the Party's Advisor. If the University Sexual Misconduct/Title IX Coordinator has determined, following an initial assessment, that an investigation is appropriate, the University Sexual Misconduct/Title IX Coordinator will refer the matter for investigation to a panel of investigators, typically comprised of two individuals. To have Formal Complaints heard in substantial accordance with these procedures. All individuals are encouraged to report concerns about the failure of another to abide by any restrictions imposed by a supportive measure.

What Does Title Ix Not Protect Against

In all cases the Title IX Coordinator strives to respond promptly and effectively by investigating the allegations and addressing the effects of the conduct. To appeal, a party must electronically submit a written appeal statement to the associate secretary of the University within five (5) business days of receipt of the written determination or dismissal. Who can a student contact to ask that one or more of these supportive measures are put in place? Expulsion is recorded on a student's transcript. Drury's Title IX Coordinator and Deputy Coordinators are not confidential sources of support. Information shared with Confidential Resources (including information about whether an individual has received services) will be disclosed to the University Sexual Misconduct/Title IX Coordinator or any other individual only with the individual's express written permission, unless there is an imminent threat of serious harm to the individual or to others, or a legal obligation to reveal such information (e. g., if there is suspected abuse or neglect of a minor). The Hearing Panel will determine how much weight, if any, to afford such statements, taking into account factors such as their reliability and relevance, and the reasons why the individual did not participate in the hearing or was not available for full cross-examination. Continual offensive comments or surroundings of a discriminatory or sexual nature. In no case will a member of our community (i. e., current student, faculty member, or staff member) be afforded lesser rights or lesser opportunities to participate in the disciplinary proceeding than the non-member of the University community. Alternately, the University Sexual Misconduct/Title IX Coordinator, with the approval of the responsible office, may direct investigators under the Title IX Sexual Harassment policy to investigate such other possible violations at the same time that they investigate allegations covered by this policy, after which the responsible office will adjudicate the matter. At the conclusion of the investigation, the investigators will provide the Coordinator with an investigation report and their recommendations regarding whether or not, based on the preponderance of the evidence, a policy violation occurred.

Can International students report? You may make a complaint of sexual harassment even if the conduct occurs off campus. If the Appeal Panel finds that the earlier decision should stand, the parties will be so informed and the Title IX process is concluded. Attempted or completed rape. Title IX prohibits discrimination on the basis of gender (sex), including sexual harassment. If the complainant, the respondent, or a witness informs the University that they will not attend the hearing (or will refuse to be cross-examined), the hearing may proceed, as determined by the University Sexual Misconduct/Title IX Coordinator.

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The University will not disclose the name or other personally identifiable information of the complainant unless it has received the express consent of the complainant or unless the release of such information is consistent with legal requirements or mandated by law. Who protects me if a Title IX Officer has harassed or assaulted me? Indications that consent is not present include: when physical force is used or there is a reasonable belief of the threat of physical force; when duress is present; when one individual overcomes the physical limitations of another individual; and when an individual is incapable of making an intentional decision to participate in a sexual act, which could include instances in which the individual is in a state of incapacitation. The parties and their advisers will simultaneously be provided with the written determination via electronic format. Supportive Measures may include: - Referral and facilitating contact for the Complainant or Respondent for counseling or other support services. The Mandated Report must be made regardless of whether the person reporting the information to the Mandated Reporter requests confidentiality and regardless of how the Mandated Reporter becomes aware of the offensive behavior (personal observation, direct information from the subject of the behavior, indirect information from a third party, etc. Why does consent matter? To request a no contact directive between the Parties. If an incident occurred at a party and I was drinking or taking drugs, will I get in trouble? Confidentiality Rights of Complainants and Respondents. You may also want to talk to a counselor in the Student Counseling office or the University Chaplain. Whether proceeding with the alternate resolution process in matters involving faculty and staff members is in accordance with University employment practices. The non-appealing party's statement will be provided to the appealing party. The University will not deprive an individual of rights guaranteed under federal and state law (or federal and state anti-discrimination provisions; or federal and state law prohibiting discrimination on the basis of sex) when responding to any claim of Title IX Sexual Harassment.

The Respondent is the individual alleged to have committed an act of sexual harassment in violation of the University's Title IX policies. This sanction may be particularly appropriate in cases involving vandalism, disorderly conduct, and alcohol-related infractions. If the University knows or in the exercise of reasonable care should know about student-on-student sexual harassment, including sexual violence, that creates a hostile environment, Title IX law requires the University to take immediate and appropriate steps to investigate or otherwise determine what occurred (subject to confidentiality considerations). Additionally, any panelist or Hearing Officer of the Hearing Panel who feels they cannot make an objective determination must recuse himself or herself from the proceedings when notified of the identity of the parties and all witnesses in advance of the hearing. What if I am a Party or witness and I refuse to submit to cross-examination? In emergency situations, if there is a suspected crime in progress or imminent or serious threats to the safety of anyone, employees must immediately contact the Department of Public Safety by dialing 911. While the hearing is not intended to be a repeat of the investigation, the parties will be provided with an equal opportunity for their advisers to conduct cross examination of the other party and/or of relevant witnesses. At the complainant's request, the University will assist the complainant in contacting local law enforcement and will cooperate with law enforcement agencies if a complainant decides to pursue a criminal process. In order to foster reporting and participation, the University may provide amnesty from disciplinary action to the Parties and witnesses for minor student conduct violations ancillary to the incident. If you have questions, contact your Title IX and Equity Office to learn more. In light of the University's obligation to respond promptly and effectively to individuals alleged to be victimized by Title IX Sexual Harassment, University employees who are not designated Confidential Resources are required to notify the University Sexual Misconduct/Title IX Coordinator of suspected violations of this policy, and cannot guarantee the confidentiality of a report under this policy. 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.

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Department of Education's Title IX regulations; this policy is limited in its jurisdiction. The Title IX Office has staff members specifically dedicated to meeting with students seeking information about their options. Several campus professionals are designated Confidential Resources, to whom confidentiality attaches Confidential Resources are not obligated to report information that is provided to them. Section 304 of the Violence Against Women Reauthorization Act of 2013 (reauthorizing VAWA): - Policies and Procedures –> Requires University policies and procedures to address sexual violence, domestic violence, dating violence, and stalking.

When appropriate to the infraction, particularly in instances involving antisocial behavior having a serious impact on the residential community, removal from University housing or relocation within University housing may be added to any of the other sanctions listed above, except warning and reprimand. 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. What is an Academic Medical Center? If the University conducts a hearing, the complainant and the alleged perpetrator will NOT be in the same room during an investigation or hearing. Information regarding the applicable grievance procedures, including the alternate resolution process. Under such circumstances, the parties will be provided written notice containing the following information: (a) the alleged prohibited conduct, and (b) the policy(ies) under which the alleged prohibited conduct falls. Physical and/or aggressive sexual advances. There will be three options for resolution: Students may appeal the determination in accordance with the appeals process cited in the Procedures for Student Conduct Administration. Should you have any questions, or for more information, please contact Gwen Sutton, Title IX Coordinator at 901-543-6137 or. University officials will directly inform parents when requested to do so by a student, in a life-threatening situation, or if the student has signed the FERPA release form which allows such communications.

Title Ix Does Not Protect

Confidentiality and Confidential Resources. Engaging in sexual activity with an individual who is incapacitated (and therefore unable to consent), where an individual knows or ought reasonably to have understood that the individual is incapacitated, constitutes Title IX Sexual Harassment as defined by this policy. Generally, the University will seek to honor the request of the Complainant not to proceed to a Title IX investigation and to remain confidential and will not proceed to a formal Title IX investigation without the consent of the Complainant. The Title IX Coordinator will assign the investigation to one or more individuals from the University's pool of trained investigators. Altering the on-campus housing assignments, dining arrangements, or other campus services for the Party. Recipients of the unwelcome behavior should be aware that not identifying the perpetrator may limit the institution's ability to respond comprehensively.

No party will be required to participate in the alternate resolution process and the University will not require, encourage, or discourage the parties from participating in the alternate resolution process. Allegations of sexual misconduct that do not fall under this policy because they do not constitute prohibited conduct as defined in this section may constitute violations of the University Sexual Misconduct Policy. For more information about Title IX, visit the U. S. Department of Education's website. Physical evidence of a sexual assault must be collected from the alleged victim's person within 120 hours, though evidence can often be obtained from towels, sheets, clothes, etc. Springfield, MO 65804.

Failure to prove a complaint of sexual misconduct is not equivalent to a bad faith allegation. Selection of the hearing panel pool members should be made with an attempt to recognize the diversity of the University community. Providing limited transportation accommodations for the Parties. For much longer periods of time. Retaliation is any adverse action taken against a person because of that person's participation or refusal to participate in the Resolution Process to Resolve Complaints under Title IX as set forth in CRR 600. Sanctions Applicable to Students. If a Complainant or Respondent is uncomfortable with a particular member on their Title IX Hearing Panel (e. g. due to familiarity with the member), will the member be removed from the Hearing Panel? Who are the Title IX Coordinators at each University? Any other measure that can be used to achieve the goals of this policy. Who is a Respondent?

Upon initiation of the alternate resolution process, the University Sexual Misconduct/Title IX Coordinator will refer the matter to a trained alternate resolution facilitator ("facilitator"). Faculty and staff may file an appeal in accordance with the Non-Discrimination/Harassment Policy and Complaint Procedures. Collection of Evidence. Where the University Sexual Misconduct/Title IX Coordinator signs a formal complaint, the University Sexual Misconduct/Title IX Coordinator is not a complainant or otherwise a party. All members of the University community as well as visitors and third parties can report incidents to the University Title IX Coordinator. To receive prior to a hearing or other time of determination regarding responsibility, an investigative report that fairly summarizes the relevant evidence in an electronic format or hard copy for their review and written response. What conduct is prohibited by Title IX? The University Sexual Misconduct/Title IX Coordinator. Sexual Misconduct is any conduct that constitutes sexual harassment by individuals or organizations that is prohibited by Title IX. This person ensures the prohibited conduct ends and ensures the safety of the affected individual and community. Restriction of Access to Space, Resources, and Activities.

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