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Who protects me if a Title IX Officer has harassed or assaulted me? Expulsion is recorded on a student's transcript. There may be exceptions in cases involving child abuse, imminent risk of serious harm, emergent hospitalization, or a court order. Complaints alleging retaliation under this Title IX Sexual Harassment policy, including for the exercise of rights under this policy, must be filed in accordance with this policy and will be addressed promptly and equitably. In all cases in which an Emergency Removal is imposed, the Respondent will immediately be given notice and an opportunity to challenge the decision of the Title IX Coordinator either prior to such Removal being imposed, or as soon thereafter as reasonably possible but no later than five (5) business days following the Removal. 1010 Walnut Street, Suite 320. Drury University complies with Title IX, and does not discriminate on the basis of sex in its educational programs and activities, including, but not limited to admission, recruiting, financial aid, academic programs, student services, counseling and guidance, discipline, class assignment, grading, recreation, athletics, housing, and employment.
You can also file a report online through your University's Title IX and Equity Office website. A statement informing the parties that they may have an adviser of their choice, who may be, but is not required to be, an attorney. These suggestions may help you to reduce your risk for being accused of sexual misconduct: Risk reduction tips can often take a victim-blaming tone, even unintentionally. "Stalking" - The term "stalking" means engaging in a course of conduct directed at a specific person that would cause a reasonable person to--(A) fear for their safety or the safety of others; or (B) suffer substantial emotional distress. Hearing Panel members from one University may be asked to serve on a hearing panel involving another University. The University of Missouri System is committed to compliance with Title IX, which states in part that "[n]o person in the United States shall on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity. If a violation occurred, the University may determine if it is necessary to issue a no-contact order against the offending student to sufficiently protect the complainant. In addition, at any time prior to the hearing, the University may dismiss a formal complaint if: - The complainant notifies the Title IX Coordinator in writing that the complainant wishes to withdraw the formal complaint or any allegations therein; - The respondent is no longer enrolled or employed by the University; or. All members of the University community as well as visitors and third parties can report incidents to the University Title IX Coordinator. Modification and Review of Policy. Silence or absence of resistance does not establish consent. C. Case Presentation. D. Record of Hearing.
Sex Violence is defined as the following by Title IX: - Sexual abuse or assault, battery, or coercion. An individual who is incapacitated is unable to consent to a sexual activity. 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. No, not unless you tell them. An Advisor is the individual that conducts all cross-examination and other questioning on behalf of a Party at a Title IX hearing; a Party may not directly question any other Party or any witness. 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.
Medical Services at University Health Services (UHS). These policies are interrelated and must be read together. Stalking may include, but is not limited to, unwelcomed and repeated visual or physical proximity to a person, repeatedly convey oral or written threats, extorting money or valuables, threatening physical conduct, or any combination of these behaviors directed at or toward a person. If a Party does not have an Advisor of their choice present at the hearing, the University will provide, without fee or charge to that Party, an Advisor of the University's choice to conduct cross-examination and other questioning on behalf of that Party. Office for Religious and Spiritual Life. An individual who is not prepared to make a report or formal complaint, or who may be unsure how to label what happened, but still seeks information and support, is strongly encouraged to contact a Confidential Resource. Removal from membership in the University for at least the period of time specified by the suspension, with the suspension to continue until certain conditions, stipulated by the appropriate body applying this sanction, have been fulfilled. Deputy Title IX Coordinator. If you were not acting in the role of your employment at the time you became aware of the incident, you are not mandated to report it. The sanctions for students are listed below. 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. 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. In all cases the Title IX Coordinator strives to respond promptly and effectively by investigating the allegations and addressing the effects of the conduct.
Are there penalties for making false accusations? Dating violence does not include acts covered under the definition of domestic violence. Name of the person to whom the report was made. Specifically, no person may intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by Title IX, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing. At the hearing, a Party's Advisor may ask the other Party and any witnesses all relevant questions and follow-up questions, including those challenging credibility. In all proceedings under this policy, including at the hearing, the complainant, the respondent, and the witnesses and other individuals sharing information are expected to provide truthful information. It can occur between strangers or acquaintances, as well as people involved in intimate or sexual relationships. Prior Sexual Behavior. Options for Complainants, Respondents, and Other Reporting Individuals. Any sanctions and remedies will be included in the written determination, and sanctions will be subject to appeal under this policy. VAWA also requires Universities to address sexual violence, interpersonal violence, and stalking. Confidential resources at each University can be located under the "Confidential Reporting" tab found here.
Unfair treatment, attitudes, or behaviors towards an individual based upon their gender (sex). For more information about confidentiality and Confidential Resources, see section V. The University's Sexual Harassment/Assault Advising, Resources, and Education (SHARE) office is a Confidential Resource offering support and advocacy services. 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. If the Appeal Panel finds that new evidence is available which was not reasonably available at the time of the determination regarding responsibility or dismissal, and such evidence could alter the outcome of the matter, the matter will be remanded to the Presiding Hearing Panelist for appropriate further action. If you believe that you have been subject to conduct that violates these policies, you should report the sexual harassment just as if it were committed by a University student or employee. If you believe that you have experienced sexual misconduct, but are unsure of whether it was a violation of the Sexual Misconduct Policy, you should contact one of the Confidential or Non-Confidential Resources. If the allegations forming the basis of the formal complaint would not, if substantiated, constitute prohibited conduct as defined in this policy, the University Sexual Misconduct/Title IX Coordinator shall dismiss the formal complaint from the Title IX grievance process (and either party may appeal this dismissal, as discussed below). Any agreements reached as part of the alternate resolution process must be approved by the University Sexual Misconduct/Title IX Coordinator in order to ensure consistency with the University's federal obligations. When I became aware of the incident, I was not acting in the capacity of my employment. 900 North Benton Avenue Burnham Hall 107. Additional Rights for Hearing Panel Resolution: - To receive notice of a hearing. To receive written notice of any delay of this process or limited extension of time frames for good cause which may include considerations such as the absence of a Party, a Party's Advisor or a witness; concurrent law enforcement activity; or the need for language assistance or accommodation of disabilities. The Complainant will not be required to participate in the process as a prerequisite to the University proceeding. If so, how far back into the past?
The use of alcohol and/or drugs by either party will not diminish the accused student's responsibility. Further, an individual who fails to report as required under this policy may be determined to be ineligible for defense or protection under Section 490. The Appeal Panel also may consider any other materials the University deems relevant and that have been shared with the parties. The University provides the contact information of the University Sexual Misconduct/Title IX Coordinator to students, faculty, staff, applicants for admission, applicants for employment, and all labor unions or professional organizations agreements with the University. 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. In all cases, any information relied on in adjudicating the matter will be provided to the parties and their advisers. The University Sexual Misconduct/Title IX Coordinator's contact information is as follows: Michele Minter.
The investigators will provide the case file, to each party and their adviser in electronic form or hard copy. Upon signing the alternate resolution agreement, the parties are bound by its terms and cannot opt for a formal grievance process based on the conduct alleged in the formal complaint. While complainants, respondents, and witnesses involved in the grievance process under this policy are strongly encouraged to exercise discretion in sharing information in order to safeguard the integrity of the process and to avoid the appearance of retaliation, complainants and respondents are not restricted from discussing the allegations under investigation. In order to encourage reports of conduct that is prohibited under this policy, the University may offer leniency (up to and potentially including amnesty) with respect to other violations which may come to light as a result of such reports, depending on the circumstances involved. The University is committed to providing a prompt and impartial investigation and adjudication of all formal complaints alleging violations of this policy. The full participation of parties and witnesses in the hearing process, including properly executed cross-examination, contributes to the fair and accurate adjudication of complaints, and is particularly important in cases where the Hearing Panel must rely on credibility assessments to determine responsibility for a violation of University policy. Education Programs and Campaigns –> Requires education programs, prevention programs, and awareness campaigns on sexual violence, domestic violence, dating violence, and stalking. The University may impose sanctions against an individual who knowingly makes false allegations of sexual misconduct. Sexual Discrimination/Harassment/Misconduct Policies. Physical acts where a person is incapable of giving consent or is against a person's will. All materials used to train University Sexual Misconduct/Title IX Coordinators, investigators, Hearing Panel members, Sanction Officers, Appeal Panel members, and any individual who facilitates the alternate resolution process with regard to Title IX Sexual Harassment; - Records of any actions, including any supportive measures, taken in response to a report or formal complaint of Title IX Sexual Harassment. If a party who is a current member of the University community seeks to engage an attorney to serve as an adviser, the University will provide certain pre-determined financial resources to assist in that engagement; however, such resources will only be provided in matters that proceed to an investigation (as described in section X(6)).
A person is incapacitated if they are in a state or condition in which rational decision-making or the ability to consent is rendered impossible because of a person's temporary or permanent physical or mental impairment, including but not limited to physical or mental impairment resulting from drugs or alcohol, disability, sleep, unconsciousness or illness. However, if you believe a crime has occurred, you are encouraged to report the incident to the police. The Coordinator will notify both parties in writing of the determination that has been made, and communicate the necessary information regarding sanctions, if any. One of the individuals on the Hearing Panel will be external (e. g., a former judge or an attorney) and shall serve as the Presiding Hearing Panelist ("Presiding Hearing Panelist"), and two of the individuals on the Hearing Panel will be members of the University community.
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