Title IX – Student Sexual Misconduct Policy

SEXUAL MISCONDUCT POLICY AND GRIEVANCE PROCEDURES

For questions concerning this document, please contact:

Mr. Dan S. Soller
Title IX Coordinator
University of Saint Francis
2701 Spring Street
Fort Wayne, IN 46808
dsoller@sf.edu 
260.399.7700 ext. 6745

 

I. GENDER-BASED MISCONDUCT POLICY INTRODUCTION

The University of Saint Francis (USF) is committed to fostering a safe and supportive environment conducive to academic achievements and healthy interpersonal interaction. Discrimination, harassment, and sexual misconduct on the part of a member of the USF community is clearly inconsistent with these purposes, and can be a violation of state and federal law. Members of the USF community, guests, and visitors have the right to be free from sexual violence. All members of the campus community are expected to conduct themselves in a manner that does not infringe upon the rights of others. When an allegation of misconduct is brought to an appropriate administrator’s attention, and a Responding Party is found to have violated this policy, serious sanctions will be used to reasonably ensure that such actions are never repeated. This policy has been developed to reaffirm these principles and to provide recourse for those individuals whose rights have been violated. This policy is intended to define community expectations and to establish a mechanism for determining when those expectations have been violated. 

OVERVIEW OF POLICY EXPECTATIONS WITH RESPECT TO PHYSICAL SEXUAL MISCONDUCT

The expectations of our community regarding sexual misconduct can be summarized as follows: In order for individuals to engage in sexual activity of any type with each other, there must be clear, knowing, and voluntary consent prior to and during sexual activity. Consent is sexual permission. Consent can be given by word or action, but non-verbal consent is not as clear as talking about what you want sexually and what you don’t. Consent to some form of sexual activity cannot be automatically taken as consent to any other form of sexual activity. Silence– without actions demonstrating permission–cannot be assumed to show consent. Additionally, there is a difference between seduction and coercion. Coercing someone into sexual activity violates this policy in the same way as physically forcing someone into sex. Coercion happens when someone is pressured unreasonably for sex. Because alcohol or other drug use can place the capacity to consent in question, sober sex is less likely to raise such questions. When alcohol or other drugs are being used, a person will be considered unable to give valid consent if they cannot fully understand the details of a sexual interaction (who, what, when, where, why, or how) because they lack the capacity to reasonably understand the situation. Individuals who consent to sex must be able to understand what they are doing. Under this policy, “No” always means “No,” and “Yes” may not always mean “Yes.” Anything but a clear, knowing and voluntary consent to any sexual activity is equivalent to a “no.”

REPORTING AN INCIDENT AND FILING A COMPLAINT

Students who believe they have been subjected to discrimination or harassment or retaliation in violation of USF policies may report their concern to a university official or the University Title IX Coordinator, Mr. Dan S. Soller, 260-399-7700, ext. 6745, Trinity room 137. The process is designed so a student may discuss their concerns and file an informal or formal verbal or written complaint. An immediate initial investigation of the circumstances of the reported offense will take place to determine whether to proceed with a formal investigation. If a formal investigation is to take place, the University will initiate a prompt, thorough and impartial investigation. The initial and formal investigations are designed to provide a fair and reliable determination about whether a University policy has been violated. When a policy has been violated, the University will implement a prompt and effective remedy designed to end any discrimination, harassment or retaliation, prevent its reoccurrence and address its effects. The university maintains processes to provide remediation to individuals who believe they have been victims.

Assault Incidents
In the event that an assault does occur, report the incident promptly. Reports should be made immediately to Campus Security, who will notify the Vice President for Student Affairs. Resident students may want to report the incident to their Hall Director. Assistance for the Reporting Party includes providing contact information for reporting incidents to local police, and guidance in obtaining medical and counseling assistance while also providing them with information to file a complaint through the Code of Student Conduct. 

Counseling and Assistance
The violations described in this policy can affect a student in many different ways. In light of this, the university offers professional counseling to assist in overcoming the effects and provide ongoing support and assistance. To set up an appointment, call the USF Health & Wellness Center at 260.266.8060. These counseling services are provided for students at no charge.

Other Resources

Fort Wayne Women’s Bureau Rape Crisis Hotline – phone: 260-426-7273
Fort Wayne Sexual Assault Treatment Center at 2270 Lake Avenue #201 – phone: 260-423-2222
Fort Wayne Women’s Bureau at 2417 Fairfield – phone: 260-424-7977
University of Saint Francis Health & Wellness Center: 260-266-8060

Reach Out Editions app

The Reach Out Editions App is a smartphone resource guide that is convenient and completely anonymous. Some of the things you can find with the app are:

  • Someone to talk to
  • Medical care options
  • Local support resources
  • Quick policy information
  • How to help a friend
  • Education and prevention videos

The Reach Out Editions app is available in the App Store and the Google Play Store. Download the app and then select the University of Saint Francis – Fort Wayne.

USF Non-discrimination Statement

In its employment practices, selection of students, and administration of all programs and activities, the University of Saint Francis maintains a policy of non-discrimination regarding age, race, color, national origin, religion, gender, disability, genetics and veteran status. The university has appointed the Vice President for Student Affairs to serve as the Title IX Coordinator to ensure compliance with all Title IX regulations. Student inquiries or complaints should be directed to the Vice President for Student Affairs, Mr. Dan S. Soller, dsoller@sf.edu, Trinity Hall – room 137; university employees may also direct their inquiries and complaints to the Director of Human Resources, 260-399-7700, ext. 6901.

It is a violation under Title IX of the Education Amendment of 1972 for any person to engage in discrimination or harassment based on several criteria, including sex. Anyone who believes that the university is not in compliance with Title IX and its regulations or wishes to discuss concerns or file an informal or formal complaint should contact the Title IX Compliance Officer, Vice President for Student Affairs, Mr. Dan S. Soller, dsoller@sf.edu, Trinity Hall, room 137 or by telephone at 399-7700 x 6745.

Other Contact Information

Beth Groman, Associate Vice President for Student Affairs, Deputy Coordinator (Student Affairs)
egroman@sf.edu
260-399-7700, ext. 6748

Marsha King, Dean, Crown Point
mking@sf.edu
260-399-7700, ext. 5441

Carol Coffee, Director of Human Resources & Organizational Development, Deputy Coordinator (Human Resources)
ccoffee@sf.edu
260-399-7700, ext. 6901

Trisha Bugajski, Director of General Education, Deputy Coordinator (Academic Affairs)
tbugajski@sf.edu
260-399-7700, ext. 6008

Individuals experiencing harassment or discrimination also always have the right to file a formal grievance with government authorities:

Office for Civil Rights (OCR)
400 Maryland Avenue, SW
Washington, DC 20202-1100
Customer Service Hotline #: 800-421-3481
Fax: 202-453-6012
TDD #: 877-521-2172
Email: OCR@ed.gov
Web: http://www.ed.gov/ocr