The University will impose different sanctions for each incident, ranging from verbal warning to expulsion, depending on the severity of the offense. 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)). 900 North Benton Avenue Burnham Hall 107. No further appeal submissions from the parties shall be permitted. You may make a complaint of sexual harassment even if the conduct occurs off campus. The sanctions for students are listed below. Appeals under this policy will be heard by an appeal panel ("Appeal Panel") comprised of three individuals. Are there penalties for making false accusations? Supportive measures may include: - counseling; - extensions 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; - increased security and monitoring of certain areas of the campus; and/or. The Title IX Coordinator or Deputy Coordinator will meet with the complainant and outline the options available to them (internal and external). Students are encouraged to report any suspected violation of this policy (after consulting a Confidential Resource as appropriate). Although there is no time limit on making a formal complaint, the University may ultimately be unable to adequately conduct an investigation if too much time has passed or if the accused student has graduated or left school.
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The existence of such a relationship shall be determined based on the reporting individual's statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the individuals involved in the relationship. You can learn more by clicking the following link: Title IX Procedure or by contacting the SHARE Title IX Office at (650) 497-4955 or A SHARE Title IX Procedure Infographic can be found here. Can International students report? Some students with special responsibilities, including Residential College Advisers, must promptly report alleged violations of this policy to their Directors of Student Life, who will then consult with the University Sexual Misconduct/Title IX Coordinator. This person ensures the prohibited conduct ends and ensures the safety of the affected individual and community. 900 North Benton Avenue. Gender discrimination in an activity, athletics, program, office, or classroom. A student who has been accused of Title IX prohibited conduct can contact a Resident Director, a Graduate Life Office Dean, and/or the Title IX Office. Disciplinary Probation. It is typically institutional policy that in emergency room changes, the student is moved to the first available suitable room. In addition, if you find other reporting methods unsuitable or uncomfortable, or if you wish to report anonymously, the UM System Integrity and Accountability Hotline is available 24/7 by dialing 1-866-447-9821 or by making a report here.
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Upon receiving the written determination regarding responsibility and, when applicable, sanction and remedies. Further, consent to one form of sexual activity does not imply consent to other forms of sexual activity. Who protects me if a Title IX Officer has harassed or assaulted me? In all cases, any information relied on in adjudicating the matter will be provided to the parties and their advisers. Consent is not effective if it results from the use of physical force, intimidation, coercion, or incapacitation. You may want to ask that the University make a campus advisor available to you. Stephen Chen - Title IX Coordinator and Director of SHARE Title IX Office.
Title Ix Prohibited Conduct
Hostile Environment is defined as the following by Title IX: - A situation of discriminatory or sexual nature that has occurred and created a adverse setting. Sanctions Applicable to Faculty and Staff Members. An admonition that does not become part of a student's permanent record, but that may be taken into account in judging the seriousness of any future violation. Remedies, which may include supportive measures, will be designed to restore or preserve equal access to the University's education program or activity. If you find yourself in the position of being the initiator of sexual behavior, you owe sexual respect to your potential partner. Who can a student contact if they want to discuss a Title IX related concern in a confidential manner? In these situations, the University will provide the individual with notice and an opportunity to challenge the decision immediately following the removal. In cases involving students, the University Sexual Misconduct/Title IX Coordinator may notify residential college staff, Graduate School staff, and/or other University employees of the existence of the report and/or formal complaint for the purpose of overseeing compliance with this policy and addressing any concerns related to educational and residential life. 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.
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Coercive behavior differs from seductive behavior based on the type of pressure someone uses to get consent from another. For more information about Title IX, visit the U. S. Department of Education's website. 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. For additional information, please visit your University's Equity and Title IX website. National Sexual Assault Hotline: (800) 656-4673. The University considers consent as a voluntary, informed, un-coerced agreement through words or actions freely given, which could be reasonably interpreted as a willingness to participate in mutually agreed-upon sexual acts. Location of the incident (be as specific as possible: not "Responding Party's room" but "RP's room in Stern Hall" or "off-campus in downtown Palo Alto"). These organizations can provide crisis intervention services, counseling, medical attention and assistance in dealing with the criminal justice system. Am I a Mandated Reporter? All members of the Hearing Panel shall review the case file (including the parties' responses), ask questions during the hearing as they deem appropriate, and participate in the deliberations leading to the Presiding Hearing Panelist's adjudication of responsibility (as described in section XI(3)(e)). All parties must consent to participation in the alternate resolution process. The Appeal Panel will seek to complete the appeal review within twenty (20) business days of receipt of the non-appealing party's written statement. Campus Confidential Resources include: Counseling and Psychological Services (CPS). Mandated Reporters must report all details that they possess.
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In the absence of an outward demonstration, consent does not exist. NOTE: Employees with a legal obligation or privilege of confidentiality (including health care providers, counselors, journalists, lawyers, and their associated staff) are not considered Mandated Reporters and are not required to report when the information is learned in the course of a confidential communication. However, each party will be given an equal opportunity to suggest witnesses; provide other relevant information, such as documents, communications, photographs, and other evidence. The case file may include, as applicable, transcripts or summaries of party and witness interviews and other collected documents and evidence. Intimidation, threats, coercion, or discrimination, including charges against an individual for policy violations that do not involve sex discrimination or sexual harassment, but arise out of the same facts or circumstances as a report or complaint of sex discrimination, or a report or Formal Complaint of sexual harassment, for the purpose of interfering with any right or privilege secured by Title IX, constitutes retaliation. Yes, if you file a formal complaint.
A withheld degree is recorded on a student's transcript. Both a dean's warning and a reprimand may be taken into account in judging the seriousness of any future violation. Employees with a legal privilege of confidentiality include health care providers, counselors, and their associated staff. Education Programs and Campaigns –> Requires education programs, prevention programs, and awareness campaigns on sexual violence, domestic violence, dating violence, and stalking. Consent consists of an outward demonstration indicating that someone has freely chosen to engage in sexual activity. The Presiding Hearing Panelist will have absolute discretion with respect to administering the hearing. 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. Your personal information will only be shared with those who have a legitimate need to know as the university fulfills its obligation to fully investigate allegations of sexual misconduct. The following are frequently asked questions in regard to Title IX and related policies. 1530 Brunswick Avenue, Lawrenceville, New Jersey 08648.
If, based on a preponderance of the evidence, that a policy was violated, the Coordinator will determine, in collaboration with the appropriate Deputy Coordinator, the appropriate sanctions that will be imposed. An individual may pursue some or all of these steps at the same time. Initiation by someone who a reasonable person knows or should have known to be deemed incapacitated is not consent. Each University will create and annually train a pool of not less than five (5) faculty and five (5) administrators and/staff to serve in the hearing panel pool. The existence of a prior or current relationship does not, in itself, constitute consent. There will also be an assessment regarding the necessity of any interim measures that may be necessary to protect the complainant until the investigation is complete.
Time Frame for the Alternate Resolution Process. In addition, the University may also share non-identifying information, including data about outcomes and sanctions, in aggregate form. The privacy of all parties to a complaint of sexual misconduct will be respected, and the university will work to safeguard the identities and privacy of individuals who seek help or who report sexual misconduct. How long are records of an investigation kept? What are supportive measures? The Mandated Report must be made regardless of whether the person reporting the information to the Mandated Reporter requests confidentiality and regardless of how the Mandated Reporter becomes aware of the offensive behavior (personal observation, direct information from the subject of the behavior, indirect information from a third party, etc. In certain situations, a person does not have the capacity to agree to participate in consensual sex. The use of drugs or alcohol can cause incapacitation.
Where the individual allegedly retaliating is not affiliated with the University and not otherwise subject to its policies, the University will process the complaint and take appropriate measures. Physical symptoms (e. g., vomiting or incontinence).
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