Consent, lack of consent or withdrawal of consent may be communicated by words or non-verbal acts. The University of Missouri Title IX policies do not apply to sexual harassment which occurs outside of the United States, even when the conduct occurs in an education program or activity of the University (e. g., the prohibited conduct occurred in another country during a study abroad program). To request that the hearing be held virtually, with technology enabling participants simultaneously to see and hear each other.
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Sanctions Applicable to Non-Members of the University Community. Neither a decision by law enforcement regarding prosecution nor the outcome of any criminal proceeding will be considered determinative of whether a violation of this policy has occurred. Mercer County Sexual Assault Response Team (SART). Expectation regarding the Complainant, the Respondent, and the Witnesses regarding the Hearing. Dissemination of information and/or written materials to persons not involved in the complaint procedure is not permitted. EthicsPoint is not a Confidential Resource and making a report to EthicsPoint may result in a University review or investigation. Only in rare circumstances will the University proceed to a Title IX investigation against the wishes of the Complainant. The University will conduct its own investigation into the incident, regardless of whether the individual chooses to pursue criminal charges or not. The Title IX Coordinator and the Director of Safety and Security will evaluate requests for confidentiality. Removal from membership in the University for a specified period of time. Department of Education's Title IX regulations; this policy is limited in its jurisdiction.
Should the time period extend beyond this time frame, the parties will be notified. There are several ways you can make a report at each University. If confidential support, help or information regarding sex discrimination, including sexual harassment, is needed, an employee with a legal privilege of confidentiality or a confidential designee on campus can be contacted. Campus Confidential Resources include: Counseling and Psychological Services (CPS). Subject to the consent of the parties and the approval of the University Sexual Misconduct/Title IX Coordinator, the University permits alternate resolution processes in cases in which a formal complaint has been filed with the University Sexual Misconduct/Title IX Coordinator. Why does consent matter?
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What are the reporting obligations of residential staff when they have notice of a Title IX related incident? If the complainant files a formal complaint and requests to engage in the alternate resolution process, the University Sexual Misconduct/Title IX Coordinator will consider whether the alternate resolution process is appropriate in the particular matter. If, during the investigation, additional information is disclosed that may also constitute prohibited conduct under this policy, the respondent and complainant will be informed in writing that such additional information will be included in the grievance process. Mandated Reporters must report all details that they possess. A concise summary of the alleged conduct at issue (including when and where it occurred, if known). When initiating any of the above, an individual does not need to know whether they wish to request any particular course of action, nor how to label what happened. A Trained Support Person cannot be called upon as a witness by a Party in a hearing to testify about matters learned while that individual was acting in their capacity as a Trained Support Person. Altering the on-campus housing assignments, dining arrangements, or other campus services for the Party. Should the University, in weighing such factors, determine it must proceed, the University will explain its rationale to the Complainant and make sure that the Complainant is offered a support person throughout the process. D. Record of Hearing. 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.
No-Contact orders can be imposed and room changes for the accused student can usually be arranged quickly. The University will provide appropriate training to University officials with responsibilities under this policy, including the University Sexual Misconduct/Title IX Coordinator, employees in the Office of Gender Equity and Title IX Administration, investigators, Hearing Panel members, Sanction Officers, Appeal Panel members, and any individual who facilitates the alternate resolution process. Where can I learn more about the Title IX Procedure? Department of Public Safety: 609-258-3333 (calls will likely result in police involvement). Room changes under these circumstances are considered emergencies. For violations of this policy by non-members of the University community, including alumni, disciplinary sanctions may include being temporarily or permanently barred from the University or subject to other restrictions. 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. The Department of Education's Office for Civil Rights, the regulatory authority for Title IX, allows the University to choose the standard of proof utilized in its Title IX proceedings. You may want to ask that the University make a campus advisor available to you. Informal administrative resolution methods may be considered and discussed with the complainant and respondent, but neither party is required to accept an informal resolution. If an investigation reveals that sexual harassment, including sexual violence, created a hostile environment, the University must then take prompt and effective steps reasonably calculated to end the sexual harassment or sexual violence, prevent its recurrence and, as appropriate, remedy its effects on the victim and University community.
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View a Comprehensive Resource Guide that provides more detailed information about how to get help following an incident of sexual and gender-based discrimination, sexual harassment, sexual assault or sexual violence, interpersonal (relationship) violence, and stalking. The Title IX Coordinator or Deputy Coordinator will meet with the complainant and outline the options available to them (internal and external). A hearing panel is comprised of three (3) members, consisting of a Hearing Officer and two individuals selected from the Hearing Panel Pool. The purpose of the alternate resolution process is to eliminate the conduct which has been reported by the complainant (and prevent its recurrence), and place both individuals in a position to pursue their academic, working, and non-academic interests in a safe, respectful, and productive educational and working environment.
Who can a student contact to ask that one or more of these supportive measures are put in place? Appeals under this policy will be heard by an appeal panel ("Appeal Panel") comprised of three individuals. 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. Consent is not effective if it results from the use of physical force, intimidation, coercion, or incapacitation. An individual who is incapacitated is unable to consent to a sexual activity. You can find more information about Drury's Safety & Security sexual assault protocols here. If a party does not have an adviser present at the hearing to conduct cross examination, the University will provide without fee or charge to that party an adviser selected by the University (who may be, but is not required to be, an attorney) to conduct cross-examination of the other party and/or any witnesses.
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Responding to any report or formal complaint regarding conduct that violates this policy. These FAQs are intended to respond to questions about the University's policies and procedures regarding Title IX and sex discrimination as they pertain to matters involving conduct alleged to have occurred on or after August 14, 2020. If the parties' circumstances change significantly, they may request a supplemental agreement; the University Sexual Misconduct/Title IX Coordinator will determine whether it is appropriate to proceed. The University will take immediate action to enforce a previously implemented measure and disciplinary sanctions can be imposed for failing to abide by a University-imposed measure. Prohibited conduct involving force, duress, or inducement of incapacitation, or where the perpetrator has deliberately taken advantage of another individual's state of incapacitation, will be deemed especially egregious and may result in expulsion or termination of employment. A complainant, respondent, or witness has many options, including counseling and support services. If both parties agree to participate in the alternate resolution process and the University Sexual Misconduct/Title IX Coordinator approves of the alternate resolution process, the formal grievance process may (at the discretion of the University Sexual Misconduct/Title IX Coordinator) be adjourned while the alternate resolution process is pending; if so, if an agreement is not reached, the formal grievance process will be resumed. In these situations, the University will provide the individual with notice and an opportunity to challenge the decision immediately following the removal. These organizations can provide crisis intervention services, counseling, medical attention and assistance in dealing with the criminal justice system. Violations of the privacy of the complainant or the accused student may lead to disciplinary action by the university. Action –> If the University knows about an instance of prohibited conduct that creates a hostile environment, Title IX requires the University to take immediate action to provide supportive measures and address the conduct. Sanctions imposed for violation of the sexual misconduct policy may include, but are not limited to: removing the respondent from class, banning the respondent from certain buildings, temporary suspension of the student, community service hours, disciplinary probation, fines, loss of participation and privileges in campus activities, parent notification, peer mentoring, etc.
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. The University Sexual Misconduct/Title IX Coordinator is responsible for ensuring the implementation of supportive measures and coordinating the University's response with the appropriate offices on campus. The University will promptly respond to all claims of retaliation. The Hearing Panel shall not draw any inference about the determination regarding responsibility based solely on a Party's or witness's failure to submit to cross-examination.
If the University Sexual Misconduct/Title IX Coordinator determines that a case is not appropriate for the alternate resolution process, the University Sexual Misconduct/Title IX Coordinator will inform the complainant that the alternate resolution process is unavailable. Unfair treatment, attitudes, or behaviors towards an individual based upon their gender (sex). When appropriate in cases involving behavioral misconduct between members of the community, restrictions may be placed on access to space and/or resources or on participation in activities so as to limit opportunities for contact among the parties.
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. In all complaints of sexual misconduct, all parties will be informed of the outcome of the investigation. When a third party, (i. e., a non-member of our University community, which could include, for example, alumni) is a party under this policy, the University will use disciplinary procedures that are generally consistent with the disciplinary procedures described in this policy, appropriately modified based on the particular circumstances of the case and taking into account privacy requirements and the like. Tijuana Julian, Vice President for Student Affairs / Dean of Students. 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.
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