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This policy is not intended for, and will not be used to, infringe on academic freedom or to censor or punish members of the University Community who exercise their legitimate First Amendment rights.
Policy Maintenance
Members of the University Community impacted by Sexual Harassment are encouraged to use counseling and support services, listed in the Resources section.
The University designates certain employees who have the authority to institute corrective measures on its behalf. Under this policy, their knowledge of Sexual Harassment conveys Actual Knowledge to the University.
The following employees have been designated by the University as having the authority to initiate corrective measure on its behalf:
When one of the above employees learns of alleged sexual harassment, that employee should contact the Title IX Coordinator in the Office of Student Life as soon as possible.
Employees may have additional reporting obligations provided by law and/or other University policies.
Corrective action may be taken against any individual who has a duty to report and who fails to respond in a manner consistent with the provisions of applicable laws, regulations, policies, and procedures.
All University employees have reporting responsibilities to ensure the University can take appropriate action.
All University employees, except those exempted by legal privilege of confidentiality or expressly identified as a confidential reporter, have an obligation to report incidents of Sexual Assault. Any employee who receives a disclosure of Sexual Assault or becomes aware of information that would lead a reasonable person to believe that a Sexual Assault may have occurred involving anyone covered under this policy, must report the incident within five workdays of becoming aware of such information.
Employees are not required to report disclosures of information regarding Sexual Harassment pursuant to this policy in the following circumstances, unless an individual covered under this policy is implicated or the individual is explicitly seeking assistance from the University:
Contacting the Title IX Coordinator or the Associate Vice President of Student Life /Dean of Students in the Office of Student Life to share all known information will satisfy the employee duty to report.
Employees may have additional reporting obligations provided by law and/or other University policies.
The following categories of employees are exempt from the duty to report Sexual Assault and other Sexual Harassment, due to their legal or professional privilege of confidentiality or their designation by the University as a confidential reporter:
a) A professional counselor is a person whose official responsibilities include providing mental health counseling to members of the University Community and who is functioning within the scope of that license or certification and their university employment.
b) A pastoral counselor is a person who is associated with a religious order or denomination, is recognized by that religious order or denomination as someone who provides confidential counseling and is functioning within the scope of that recognition and their role at the university.
a) For example, a physician with a dual appointment as a clinician and professor would be required to report instances of Sexual Harassment of which they become aware in the scope of their employment as a professor, but must keep such information confidential and privileged if learned in the scope of their duties as a physician unless there is a mandatory reporting requirement under state law.
Corrective action may be taken against any individual who has a duty to report and who fails to respond in a manner consistent with the provisions of applicable laws, regulations, policies, and procedures.
Any person may report sexual harassment. By way of example, this includes:
Reports can be made to the Title IX Coordinator in the following ways:
Making a report to the University and to law enforcement are mutually exclusive events. Making a report to the University does not preclude the individual from filing a report of a crime with law enforcement nor does it extend time limits that may apply in criminal processes. Filing a report with law enforcement is not a prerequisite of making a report with the University. However, individuals may request assistance from the Title IX Coordinator or designee to notify law enforcement.
The University recognizes the importance of confidentiality and privacy. See the Resources section for a list of confidential support, non-confidential support, and medical resources. Information received in connection with the reporting, investigation, and resolution of allegations will be treated as private and will only involve individuals whom the University determines are necessary to conduct an appropriate investigation, to provide assistance and resources to parties, to perform other appropriate University functions or when the University is required to provide information under the law.
If an incident is disclosed or reported to the University and the individual requests that no investigation be conducted or disciplinary action be taken, the Title IX Coordinator or designee will explain that the University prohibits Retaliation and explain the steps the University will take to prevent and respond to Retaliation if the individual participates in a resolution process. The Title IX Coordinator or designee will evaluate the request to determine whether the University can honor the request while still providing a safe and nondiscriminatory environment.
A decision to proceed despite an individual’s request will be made on a case-by-case basis after an individualized review, and the Complainant will be notified if such a decision is made. If the University proceeds with an investigation, the Complainant is under no obligation to proceed as a part of the investigation.
All individuals involved in the process should observe the same standard of discretion and respect for everyone involved in the process.
Retaliation is prohibited by University policy and law. The University will not tolerate Retaliation in any form against any individual who makes an allegation, files a report, serves as a witness, assists a Complainant, or participates in an investigation of discrimination or harassment.
Retaliation is a serious violation that can subject the offender to discipline, up to and including termination of employment and/or suspension or dismissal of a Student, independent of the merits of the underlying allegation.
Allegations of Retaliation should be reported to the Title IX Coordinator.
Initial Assessment
Informal Resolution
Investigative Resolution
When the University makes a finding of a policy violation, it will take steps, whether individual or systemic, to stop the alleged Sexual Harassment, prevent its recurrence, and remedy the discriminatory effects on the Complainant and others, as appropriate.
Corrective Actions/Sanctions
Any corrective actions or sanctions will not take effect until any appeals have been completed.
Interim Supportive Measures
a. No contact directives;
b. Referral to campus and community resources for victim advocacy, counseling, health services, legal assistance, immigration assistance, disability services;
c. Academic support including extensions of time and other course-related adjustments;
d. Modification of work or class schedules;
e. Change in work or housing locations;
f. Change in reporting relationship;
g. Consideration of leave requests; and
h. Assistance with academic petitions.
Other Remedial Measures
a. Providing training on Sexual Harassment;
b. Increasing security in a designated space;
c. Changing policy or procedure; and
d. Conducting climate checks.
It is a violation of this policy for anyone to make a false allegation of Sexual Harassment in bad faith. Corrective action/sanctions may be imposed on individuals who in bad faith make false allegations of Sexual Harassment.
The absence of a finding of a policy violation is not equivalent to finding that the Complainant acted in bad faith.
No member of the University Community may:
All faculty, staff, Student employees, graduate associates, and Students are required to take annual Sexual Harassment training as directed by the university.
Certain campus officials have a duty to report sexual misconduct for federal statistical reporting purposes (Clery Act). All personally identifiable information is kept confidential, but statistical information must be passed along to Campus Security regarding the type of incident and its general location (on- or off-campus, in the surrounding area, but no addresses are given) for publication in the annual Campus Security Report. This report helps to provide the community with a clear picture of the extent and nature of campus crime, to ensure grater community safety. Mandated federal reporters include: student/conduct affairs, campus security, local police, coaches, athletic directors, residence life staff, student activities staff, human resources staff, advisors to student organizations and any other official with significant responsibility for student and campus activities. The information to be shared includes the date, the location of the incident (using Clery location categories) and the Clery crime category. This reporting protects the identity of the Reporting Party and may be done anonymously.
Victims of sexual misconduct should also be aware the University administrators must issue immediate timely warnings for incidents reported to them that are confirmed to pose a substantial threat of bodily harm or danger to members of the campus community. The University will make every effort to ensure that a Reporting Party’s name and other identifying information is not disclosed, while still providing enough information for community members to make safety decisions in light of the danger. The reporters for timely warning purposes are exactly the same as detailed at the end of the above paragraph.