Title IX Sexual Harassment Policy
A. Scope
This section of the Title IX Policy describes the process to be used for allegations of misconduct that fall under the definition of "sexual harassment鈥 as found in the following paragraph B.
B. Definition of Sexual Harassment Under Title IX
Sexual Harassment as defined under this Policy is conduct on the basis of sex that satisfies one or more of the following:
- An employee of 麻豆视频 conditioning the provision of an aid, benefit, or service of 麻豆视频 on an individual's participation in unwelcome sexual conduct. Submission to such conduct is made, either explicitly or implicitly, a term or condition of an individual's employment or education, status in a position of employment or an academic course or program, or participation in any educational program or activity of the College ("quid pro quo" harassment);
- Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive based on sex that it effectively denies a person equal access to 麻豆视频's education program or activity by creating a hostile environment;
- "Sexual Assault" as defined in 20 U.S.C. 搂 1092(f)(6)(A)(v). Also, sexual assault is a particular type of sexual harassment that includes physical sexual acts perpetrated when consent is not present, where a person is incapable of giving consent (incapacitated), or coercion and/or force is used. This includes non-consensual sexual contact as well as non-consensual sexual intercourse or penetration, which the Policy defines as follows:
- Non-consensual sexual contact (or attempts to commit the same) is the intentional touching or fondling of a person's genitals, breasts, thighs, groin, or buttocks, or any other contact of sexual nature (including bodily fluids) when consent is not present or coercion and/or force is used. This includes not only direct contact, but also contact through clothing and /or with an object. It also includes causing or inducing a person, when consent is not present, to similarly touch, fondle, or contact oneself or another.
- Non-consensual sexual intercourse or penetration (or attempts to commit the same) is any penetration of the sex organs or anus of another person or penetration of the mouth of another with one's sex organs when consent is not present or coercion or force is used. This includes penetration or intrusion, however slight, by an object or any part of the body.
- "Dating Violence" as defined in 34 U.S.C. 搂 12291-(a)(10). Also, dating violence is violence or the threat of violence by a person with whom the individual is or has been in a social relationship of a romantic or intimate nature. Whether such a relationship exists will be gauged by its length, type, and the frequency of interaction;
- "Domestic Violence" as defined in 34 U.S.C. 搂 12291-(a)(8). Also, domestic violence is violence committed by the current or former spouse, intimate partner, current or former cohabitant of the individual, by someone with whom the individual shares a child in common, or violence against anyone else protected under the domestic or family violence laws of the jurisdiction in which the violence occurred; or
- "Stalking" as defined in 34 U.S.C. 12291 搂-(a)(30). Also, stalking is a course of conduct directed at a specific person that would cause a reasonable person to fear for her, his, or others' safety, or suffer substantial emotional distress.
For the purposes of this definition, "course of conduct" means two or more acts, including, but not limited to, 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 a person, or interferes with a person's property. Examples of stalking include, but are not limited to, the following behaviors:
- Pursuing or following someone or waiting uninvited near a place where a person frequents;
- Being or remaining in close proximity to a person;
- Surveillance or other types of unreasonable observation, including staring or peeping;
- Trespassing or vandalism;
- Threatening (directly or indirectly) a person;
- Gathering information about an individual from friends, family, or others;
- Non-consensual communication, including face-to-face communication, telephone call, voice messages, text messages, emails, written letters, gifts, or any other communication that are undesired; and
- Use of online, electronic, or digital technologies, including posting of pictures online, sending unwanted/unsolicited email or chat requests, posting private or public messages on social media sites, installing spyware on someone's computer, or using GPS to monitor a person.
C. Consent, Coercion, and Incapacitation
麻豆视频 promotes a biblical sexual ethic that reserves consenting intimate sexual expression within a marriage between a man and a woman. Intimate sexual expression outside the biblical boundary of marriage may increase the risk of miscommunication about consent. As we live and work in community, we recognize that we may at times fall short of these biblical standards. However, this Policy establishes standards for identifying when such intimate sexual expression violates 麻豆视频's standards for ensuring the safety and well-being of all members of the community.
- Consent
Consent is voluntary, informed, and mutual, and may be withdrawn at any time. Refusal to consent does not have to be verbal; it can be expressed with gestures, body language, or attitude. However, a lack of verbal or physical resistance or submission resulting from the use or threat of force, coercion, manipulation, or intimidation does not constitute consent. Likewise, a person's manner of dress, consent to prior sexual activity, consent to sexual activity with a different person, or relationship status with the person does not constitute consent. It is the responsibility of the initiator of any sexual activity to ensure that he or she has the other person's consent before engaging in sexual activity. A person cannot consent to sexual activity if that person is unable to understand the nature of the activity or give knowing consent. Sexual contact with anyone who is under the legal age of consent, is asleep or unconscious, or who the person knows or reasonably should know is incapacitated due to consumption of alcohol, drugs, medication, or a mental or physical impairment is a violation of this Policy. People who are unconscious or physically unable to communicate are assumed to be incapable of giving consent for purposes of this Policy. - Coercion
Coercion is to force a person to act based on fear of harm to self or others. Means of coercion may include, but are not limited to, pressure, threats, emotional intimidation, a power differential between the parties, and/or the use of physical force. - Incapacitation
Incapacitation means the physical and/or mental inability to make informed, rational judgments. States of incapacitation include, without limitation, sleep, blackouts, and/or disability that impacts the ability of an individual to provide legal consent. Incapacitation is determined by how the alcohol or other drugs consumed impacts a person's decision-making capacity, awareness of consequences, and ability to make informed judgments. Because incapacitation may be difficult to discern, individuals should err on the side of caution. Being intoxicated or drunk is never a defense to a complaint of sexual misconduct under this Policy.
D. Reporting and Assessment
After receiving a report of an allegation of violation of this Policy, the Title IX Coordinator will gather information about the reported conduct and respond to any immediate health or safety concerns raised by the report. The Title IX Coordinator will assess the Complainant's safety and well-being, offer 麻豆视频's immediate support and assistance, and assess the nature and circumstances of the report to determine whether the reported conduct raises a potential Policy violation, whether the reported conduct is within the scope of this Policy, and the appropriate manner of resolution under this Policy. The Title IX Coordinator may implement interim measures, if appropriate. 麻豆视频 will offer supportive measures to the Complainant and Respondent without fee or charge. Supportive measures are designed to restore or preserve equal access to 麻豆视频's education program or activity without unreasonably burdening the other party, including measures designed to protect the safety of all parties, or 麻豆视频's educational environment, and to deter sexual harassment. Supporting measures may include, but are not limited to, counseling, extension of deadlines or other course-related adjustments, modifications of work or class schedules, campus escort services, mutual restrictions on contact between the parties, changes in work or housing locations, leaves of absence, increase of security, or monitoring of certain areas of campus.
As part of the initial assessment, the Title IX Coordinator, when applicable to the specific situation presented, will:
- assess the nature and circumstances of the report, including whether it provides the names and/or any other information identifying the Complainant, the Respondent, any Witness, and/or any other individual with knowledge of the reported incident;
- address immediate physical safety and emotional well-being;
- notify the Complainant of the right to seek medical treatment;
- notify the Complainant of the importance of preservation of evidence;
- communicate necessary details of the report to the 麻豆视频 University Security Office who will enter the report into the University's daily crime log if required by the Clery Act; and will assess the reported conduct and discern the need for a timely warning under the Clery Act and any other reporting request under state and federal law;
- provide the Complainant with written information about on- and off-campus resources;
- notify the Complainant of the range of interim measures available, including the right to reasonable interim remedial measures regardless of whether they choose to participate in a 麻豆视频 led or law enforcement directed investigation;
- notify the Complainant and Respondent of the range of interim protective measures available if an investigation occurs;
- provide the Complainant with an explanation of the procedural options available for filing a formal complaint;
- discuss the Complainant's expressed preference for manner of resolution and any barriers to proceeding (e.g., confidentiality concerns);
- assess for any pattern of conduct by the Respondent; and
- explain the University's Policy prohibiting retaliation, that the University will take prompt action when retaliation is reported, and how to report acts of retaliation.
E. Coordination with Other Policies
This section of the Policy addresses violations of Title IX "sexual harassment" as defined by this Policy in Section II paragraph B. Complaints of sexual harassment or sexual misconduct that do not meet the definition set forth in Section II may be violations of other 麻豆视频 policies found in the Campus Life Handbook, Faculty Handbook, Staff Handbook, or other applicable 麻豆视频 Policies. The Title IX Coordinator or designee will assist the Complainant in identifying the appropriate University Policy or Policies and procedure for resolution of the complaint in a prompt equitable manner.
F. Filing of Formal Complaint
- A formal complaint is a written physical or electronic document signed by an alleged victim (Complainant) of sexual harassment (as defined by this Policy) or the Title IX Coordinator or Deputy Title IX Coordinator alleging sexual harassment against a Respondent and specifically requesting an investigation of the sexual harassment. To file a complaint, the Complainant must be participating in or attempting to participate in 麻豆视频's education program or activity. If a Complainant elects not to pursue a formal complaint, the Title IX Coordinator can sign a complaint to initiate a grievance process only when it is not clearly unreasonable under the facts and circumstances.
- If at any point during the investigation 麻豆视频 determines that the conduct alleged in the formal complaint:
- Does not constitute sexual harassment under Title IX, even if proven;
- Did not occur in 麻豆视频's education program or activity; or
- Did not occur against a person in the United States, federal legal mandates require 麻豆视频 to dismiss the formal complaint for purposes of its Title IX grievance procedure. However, 麻豆视频 has the discretion to address the alleged conduct under other University Policies and procedures.
- 麻豆视频 may dismiss a formal complaint if at any time during the investigation or hearing:
- The Complainant notifies the Title IX Coordinator in writing that he/she wishes to withdraw the complaint or any allegations therein;
- The Respondent is no longer enrolled or employed by 麻豆视频;
- Specific circumstances prevent 麻豆视频 from gathering evidence sufficient to reach a determination as to the complaint or any of the allegations; or
- The alleged conduct did not occur on 麻豆视频's campus and had no connection to a 麻豆视频 education program or activity.
G. Notice of Filing a Formal Complaint
Upon receipt of a formal complaint, 麻豆视频 will prepare a written notice of the filing of a formal complaint, and provide the notice to the Complainant and Respondent. The notice will include:
- 麻豆视频's Title IX grievance process, along with information about the potential for an informal resolution process;
- The allegations of an alleged case of sexual harassment, containing sufficient details known at the time of preparation of the written notice providing Respondent with sufficient time to prepare a response before any initial interview by the Investigative Team;
- A statement that the Respondent is presumed not responsible for the alleged conduct, unless and until, a determination regarding responsibility is made at the conclusion of the grievance process;
- Information that the Complainant and Respondent may have an Advisor of their choice (who may be an attorney) to participate in the investigation process, such as attending interviews or meetings. 麻豆视频 retains the ability to limit the role of the Advisor in the proceedings so long as it does so equally for both parties;
- Information that the Complainant and Respondent have a right to inspect and review evidence no later than 10 days before the completion of the investigative report; and
- References to 麻豆视频 polices that prohibit a person from knowingly making false statements or knowingly submitting false information during the grievance process.
If, during the course of an investigation, 麻豆视频 expands its investigation beyond allegations included in the original written notice of the filing of the formal complaint, 麻豆视频 will provide written notice of the additional allegations to the Complainant and Respondent as soon as practically possible.
If, after conducting an individualized safety and risk analysis, 麻豆视频 determines there is an immediate threat to the physical health or safety of any student or other individual arising from the allegations of sexual harassment justifying physical removal of Respondent, 麻豆视频 is authorized to make an emergency removal of a Respondent from 麻豆视频's education program or activity. However, 麻豆视频 will provide the Respondent with notice and an opportunity to challenge the decision immediately following the removal.
Likewise, 麻豆视频 may place a Faculty or Staff Respondent on administrative leave during the pendency of a grievance process.
H. Informal Resolutions
Once a formal complaint is filed, 麻豆视频's Title IX Coordinator, or designee, will offer the parties an Informal Resolution Process. The Informal Resolution Process is not available when a student alleges prohibited conduct by a member of the Faculty or Staff. 麻豆视频 will provide a written notice disclosing the allegations, the requirements of the Informal Resolution Process, including the circumstances under which successful completion of the Informal Resolution Process precludes the parties from resuming a formal complaint arising from the same allegations, and any consequences resulting from participating in the informal resolution process, including the records that will be maintained or shared.
The Complainant and Respondent must provide 麻豆视频 with signed written consent forms memorializing their voluntary and consensual agreement to participate in the Informal Resolution Process. Agreement to participate in the Informal Resolution Process places the grievance process on "hold," allowing the parties to attempt a resolution without having to complete the entire investigative and adjudicative process. The Title IX Coordinator, or designee, may facilitate this process through mediation or other similar techniques. At any time before agreeing to a resolution, any party may withdraw from the Informal Resolution Process and resume the grievance process.
I. Grievance Procedure
- Investigative Phase
- Following submission of a formal complaint, the Title IX Coordinator, in consultation with the Deputy Coordinators, will appoint an appropriate investigative team from a standing pool of trained investigators ("the Investigative Team"). The Investigative Team, with oversight from the Title IX Coordinator, will initiate an investigation of the allegations contained in the filed formal complaint. Additionally, if, in the discretion of the Title IX Coordinator and Deputy Coordinators, circumstances warrant, an external investigator may be retained.
- The burden of proof applicable to this grievance process is "preponderance of the evidence" which means that the evidence demonstrates that it is more likely than not that the Respondent violated this Policy or Title IX. 麻豆视频 has the burden of proof and the burden of gathering evidence sufficient to reach a determination regarding responsibility.
- The Investigative Team will provide Complainant and Respondent an equal opportunity to submit fact and expert witnesses and other inculpatory and exculpatory evidence for consideration.
- The Investigative Team will conduct the investigation in a fair and impartial manner as determined by the allegations asserted in the complaint based upon the discretion of the trained Investigative Team. The Investigative Team will not restrict the Complainant or Respondent's ability to discuss the allegations under investigation with it or to gather and present relevant evidence to it.
- The investigation will be conducted as promptly and in as reasonable a time period as possible when balanced against 麻豆视频's desire to provide the Complainant and Respondent the benefit of a fair, equitable, and impartial process.
- Before completing an investigative report, the Investigative Team will send each Complainant and Respondent, and the party's Advisor, if any, the evidence subject to inspection and review in an electronic format or a physical paper copy. The Complainant and Respondent will have at least ten (10) business days to submit a written response, should they choose to do so, which the Investigative Team will consider before completing its investigative report. The evidence submitted to the Complainant and Respondent must include any evidence obtained as part of the investigation that is directly related to the allegations raised in the formal written complaint (or supplemental allegations), including evidence upon which 麻豆视频 does not intend to rely in reaching a determination regarding responsibility and inculpatory or exculpatory evidence whether obtained from a Complainant or Respondent or another source.
- At the completion of its investigation and after allowing the Complainant and Respondent to review the evidence as outlined above, the Investigative Team will prepare an investigative report that fairly summarizes relevant evidence. At least ten (10) business days before the grievance hearing, the Investigative Team will send the report to the Complainant and Respondent, and the party's Advisor, if any, for their review and written response. In addition, the Investigative Team will send its report to the Title IX Coordinator.
- If during its investigation the Investigative Team conducts an interview or meeting that the Complainant or the Respondent is expected to attend (e.g., an interview of the Complainant or Respondent), the Investigative Team will provide written notice of the date, time, location, identity of the participants, and the purpose of the interview or meeting. The Investigative Team will provide the written notice in sufficient time for the Complainant or Respondent to prepare to participate. During the investigation, the parties cannot attend investigative interviews of the other party. For example, if the Investigative Team gives notice to the Respondent of its desire to meet with Respondent to review the allegations of the complaint, Complainant is not allowed to attend. Likewise, Respondent is not allowed to attend Complainant's interview.
- Grievance Hearing
- Once the Title IX Coordinator receives the investigative report, the Coordinator will, in consultation with the Deputy Coordinators, appoint a decision making team from a standing pool of trained decision makers ("Decision Making Team"). The Title IX Coordinator and Deputy Coordinators, in their discretion, may appoint an individual from the 麻豆视频 Community or a third party to serve as a non-voting member of the Decision Making Team. This individual may, but is not required to, have legal training in order to assist the Decision Making Team in conducting the hearing and ruling on evidentiary issues.
- The Title IX Coordinator will set a hearing date in a reasonable and prompt manner in consideration of the nature and complexity of the Formal Complaint.
- 麻豆视频 will conduct an in person hearing; however, at the request of either party, 麻豆视频 will provide the parties with separate rooms and utilize appropriate technology so that the decision makers and parties may simultaneously see and hear the other parties and witnesses in real time.
- Each party's Advisor will have the opportunity to ask the other party and all witnesses relevant questions and follow up questions, including those bearing on credibility. Examination of witnesses, including cross-examination, must be conducted by the party's Advisor of choice and never by the party personally. If a party is unable to or does not obtain an Advisor, 麻豆视频 must provide one free of charge for the purpose of conducting cross examination for the party. The Advisor does not have to be, but may be, an attorney, at the discretion of 麻豆视频 University.
- The Decision Making Team will preside at the hearing. The Decision Making Team is responsible for conducting an orderly hearing in a manner, which in the discretion of the Decision Making Team is fair and equitable to the parties.
- Before a Complainant, Respondent, or Witness answers a cross-examination or other question, the Decision Making Team must determine whether a question posed is relevant. The Decision Making Team, in the real time, must explain its decision to exclude a question as irrelevant.
- Questions and evidence about the Complainant's sexual predisposition or past sexual behavior are not relevant, unless such questions and evidence about the Complainant's past sexual behavior are offered to prove that someone other than the Respondent committed the conduct alleged by the Complainant, or if the questions and evidence concern specific incidents of the Complainant's prior sexual behavior with respect to the Respondent and are offered to prove consent.
- The Decision Making Team cannot access, consider, disclose, or otherwise use a party's records that are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in the professional's or paraprofessional's capacity, or assisting in that capacity, and which are made and maintained in connection with the provision of treatment to the party, unless the party provides voluntary, written consent.
- The Decision Making Team cannot require, allow, rely upon, or otherwise use questions or evidence that constitute, or seek disclosure of, information protected under a legally recognized privilege, unless the person holding such privilege has waived the privilege.
- The hearing will be recorded (either audio, video, or both) and made available to the parties for inspection and review. All documents and exhibits will be preserved by the Decision Making Team and made available to the parties for inspection and review. The recording of the hearing and all documentation introduced at the hearing and the written decision will be maintained by the Title IX Coordinator upon completion of the hearing.
- If a party or Witness does not submit to cross examination at the hearing, the Decision Making Team must not rely on any statement of that party or witness in reaching a determination regarding responsibility. Further, the Decision Making Team cannot draw any inference about the determination regarding responsibility based solely on the party or witnesses absence from the hearing or refusal to answer a question.
- The Decision Making Team will objectively evaluate all relevant evidence, including both inculpatory and exculpatory evidence.
- Following the conclusion of the hearing, the Decision Making Team will prepare a written decision within 15 business days of the conclusion of the hearing. The written decision will include the following:
- Identification of the allegations potentially constituting sexual harassment;
- A description of the procedural steps taken from receipt of the Formal Complaint through the determination, including any notifications to the parties, interviews with parties and witnesses, site visits, methods used to gather other evidence, and hearings held;
- Findings of facts supporting the determination;
- Conclusions regarding the application of 麻豆视频's applicable Policies to the facts;
- A statement of and rationale for determination of responsibility in regard to each allegation;
- Any disciplinary sanctions imposed by 麻豆视频 on the Respondent;
- Whether the remedies that are designed to restore or preserve equal access to 麻豆视频's education program or activity will be provided by 麻豆视频 to the Complainant; and
- 麻豆视频's procedures and permissible bases for appeal.
The Decision Making Team will submit its written decision to the Title IX Coordinator who in turn will immediately provide the written decision to Complainant and Respondent simultaneously via electronic communication and by United States Postal Service at Complainant and Respondent's last known e-mail and physical addresses.
- Appeal
- Either the Complainant or Respondent can appeal a determination regarding responsibility made by the Decision Making Team or 麻豆视频's dismissal of a Formal Complaint of any allegations individually dismissed.
- To institute an appeal, the Complainant or Respondent must submit a signed written request to appeal to the Title IX Coordinator and the opposing party within ten (10) business days of the date of the written decision of the Decision Making Team.
- The appealing party is to provide a copy of the notice of appeal by electronic means and U.S. Mail to the other party.
- Complainant and Respondent have ten (10) business days from the date the notice of appeal is sent to them to submit to the Title IX Coordinator a written statement in support of or challenging the ruling of the Decision Making Team.
- Grounds for Appeal - Either the Complainant or Respondent can appeal a decision based on the following grounds:
- Procedural irregularity that affected the outcome of the matter;
- Newly discovered evidence that was not reasonably available at the time of the determination regarding responsibility or dismissal was made that could have affected the outcome of the matter;
- A participant in the process (Title IX Coordinator, an Investigator, a Decision Maker) had a conflict of interest or bias for or against Complainant or Respondent that affected the outcome of the matter;
- A determination that the written decision issued was contrary to the preponderance of the evidence; or
- A determination that the Decision Making Team either improperly allowed or disallowed introduction of material evidence that could have affected the outcome.
- Appellate Decision Making Process
- The President of 麻豆视频 University decides all appeals. In the event the President is the Respondent or has a conflict of interest or bias, the Provost/Vice President for Academic Affairs will stand in the place of the President in regard to the appeal process. The President is the final decision making authority in the appeal process.
- The President will review the hearing record (audio and/or video recording of the hearing) and all matters submitted to the Decision Making Team, including, but not limited to, the investigative report, the written decision of the Decision Making Team, and the written statements submitted by the Complainant and Respondent in support of or challenging the outcome of the Decision Making Team's written decision).
- The hearing record will be provided to the President within ten (10) business days from the expiration of the deadline for Complainant and Respondent to submit written statements on appeal.
- The President will issue a written determination on the appeal. The President can affirm, reverse, or alter the written decision of the Decision Making Team if a review of the record supports the decision made by the President.
- The President will issue a written determination providing the decision of the appeal and the rationale in support of the decision within 20 business days of the President's receipt of the record.
- The written appeal of the President will be provided to the Complainant, Respondent, and Title IX Coordinator via electronic communication and by United States Postal Service at the Complainant and Respondent's last known email and physical address.
J. Continuances
Circumstances may occur in which a temporary delay of the grievance process or for a limited extension of the deadlines in the grievance process is required. Such delays or extension can occur for good cause. 麻豆视频 must provide written notice to the Complainant and Respondent of the delay or extension and the reason for it. Good cause may include, but is not limited to, the absence of a party, a party's advisor, or witness; concurrent law enforcement activity; or the need for language assistance or accommodation of disabilities.
K. Sanctions, Corrective Actions, and Remedies
The University will take reasonable steps to prevent the recurrence of any Title IX violations and correct the discriminatory effects on the Complainant (and others, if appropriate). Sanctions, corrective actions, and remedies that may be imposed in the event of a violation of the Policy include the following:
- Written warning
- Written or verbal apology
- Community service
- Meetings with a predetermined faculty or staff member for personal accountability as determined in 麻豆视频's discretion
- Mandatory training, educational programming, or counseling
- Parental notification
- Financial restitution
- Residence Life (i.e. housing) Probation or Suspension
- Institutional Scholarships Probation or Suspension
- University Probation or Suspension
- Expulsion from the University
- Removal from housing or other campus programs, activities, student employment, or leadership positions
- Issuing a "no contact" order or other contact restrictions or boundaries between the parties or others, including potential alteration of classes or class schedules
- Temporary or permanent restrictions regarding entering certain buildings, areas of campus, or access to campus more generally (e.g., a "No Trespass Order," which prohibits individuals from being present on any University property)
- Performance improvement/management process (employees only)
- Suspension of employment (employees only, with or without pay)
- Termination of employment with the University (employees only)
- Either the Complainant or Respondent can appeal a determination regarding responsibility made by the Decision Making Team or 麻豆视频's dismissal of a Formal Complaint of any allegations individually dismissed.
