Title IX Sex Misconduct
Effective July 1, 2015, Revised August 2015
Addresses all forms of sex discrimination, including sexual harassment, sexual violence, dating violence, domestic violence. and stalking
I. Introduction Greenville University is a Christ-centered institution of higher education that is committed to the biblical principle that all human beings are created in the image of God. Because of that belief, the University is committed to basing judgments concerning the admission, education, and employment of individuals upon their qualifications and abilities.
Greenville University is committed to maintaining and strengthening an educational, working, campus, and living environment founded on the biblical principles of love and mutual respect. For these reasons, the University prohibits all acts of sexual misconduct and does not tolerate unlawful discrimination on the basis of sex. In accordance with this policy and as delineated by applicable law, Greenville does not unlawfully discriminate on the basis of sex in education programs or activities, including but not limited to recruitment, admissions, housing, athletic and extracurricular activities, discipline, distribution of financial assistance, distribution of institutional resources, hiring practices, employment, promotion, and policies. A relevant portion of Title IX states as follows:
“No person in the United states shall, on the basis of sex, be excluded from participation in, or be denied the benefits of, or be subjected to discrimination under any education program or any activity receiving Federal financial assistance.”
The University is committed to promoting respect for the bodily integrity of all persons, the virtues of chastity, and the sacredness of human sexuality. The University affirms that sexual relationships are designed by God to be expressed solely within a marriage between a man and a woman. Sexual activity outside the confines of marriage is inconsistent with biblical principles and is prohibited by University policies.
Sex discrimination, as used in this policy, means any form of sex discrimination prohibited by Title IX and its implementing regulations. Sex discrimination includes all forms of sexual violence (including domestic and dating violence), sexual assault, stalking, sexual exploitation and sexual harassment by or against University students, employees, or others in the University community. Sexual misconduct can occur between strangers, acquaintances, or people who know each other well. Sex discrimination is antithetical to the standards and ideals of our community and will not be tolerated. Greenville University recognizes the spiritual, moral, legal, physical and psychological seriousness of all sex discrimination, regardless of the level of acquaintance between the parties, however casual. Greenville University aims to eradicate sex discrimination through education, training, clear policies, and serious consequences for violations of these policies.
Further, the University recognizes that sexual violence is a serious threat to the University community, is prohibited by Title IX, and is a criminal act. Therefore, the University is committed to providing the following to members of the University community:
1. A statement of expectations for behavior with regard to community standards pertaining to sex discrimination.
2. Resources aimed at reducing the risk of sexual violence, including educational programs for men and women.
3. Intervention to offer support, information, and resources, including confidential assistance such as counseling if desired, following the report of sex discrimination.
4. Procedural options for resolving a report.
5. Student conduct and employee disciplinary procedures that address the needs of complainants and protect the rights of respondents.
The University will take immediate action to address sex discrimination and to promptly and equitably investigate complaints to eliminate the discrimination, prevent its reoccurrence, and address its effects. The University may also implement awareness and/or preventative measures.
Sexual misconduct may result in criminal prosecution or civil liability. Any criminal prosecution will proceed separate and apart from any University investigation and disciplinary proceeding. The University will cooperate with any criminal investigation or prosecution of sexual assault incidents involving any member of the Greenville University community. At the request of law enforcement, the University may agree to defer its Title IX fact gathering until after the evidence gathering stage of a criminal investigation. The University will nevertheless communicate with the Complainant regarding Title IX rights and procedural options and may take interim measures to protect members of the University community. The University will promptly resume its Title IX fact gathering as soon as it is informed that law enforcement has completed its initial investigation. The University may not, by federal law, wait to address reports of sex discrimination until any external legal processes are resolved.
All sexual assault reports are expected to treated with gravity and dignity throughout the process. Members of the University community must not:
1. Pressure a Complainant to suppress a report of sex discrimination;
2. Cause a Complainant to believe that the Complainant is responsible for the commission of any crime against him/her;
3. Communicate to any Complainant that the Complainant was contributorily negligent or assumed the risk of being assaulted by reason of circumstances, dress, or behavior; or
4. Communicate to any Complainant that the University would incur unwanted publicity as a result of a report of sex discrimination.
II. Scope of Policy and Prohibited Conduct
A. Scope:
The policy applies to all University community members, including students, faculty, administrators, staff, volunteers, vendors, independent contractors, visitors, alumni, and any individuals regularly or temporarily employed, studying, living, visiting, conducting business or having any official capacity with the University or on University property. This policy applies to sexual harassment, discrimination and violence, including sexual violence, dating violence, domestic violence and stalking, both on and off campus. In particular, off-campus conduct is subject to this policy if the conduct occurred in the context of an education program or activity of the University or had continuing adverse effects on campus or in an off-campus education program or activity.
B. Prohibited Conduct:
The University prohibits all forms of sex discrimination and sexual misconduct, including those described below. Participating in any type of sexual misconduct, attempting any such act, as well as assisting or encouraging such prohibited conduct are violations of this policy. Members of the Greenville University community may be held responsible for the misconduct of their visitors and guests.
Sex Discrimination: For the purposes of this policy, “sex discrimination” includes, but not be limited to, any acts of sexual assault, sexual violence, and sexual harassment. In compliance with Title IX of the Educational Amendments of 1972, sex discrimination applies but is not limited to: recruitment, admissions, housing, athletic and extracurricular activities, rules and regulations, discipline, class enrollment, access to programs, courses and internships, distribution of financial assistance, distribution of institutional resources, hiring practices, employment, promotion, and policies.
Sexual Harassment: Sexual harassment is antithetical to biblical and academic values and to a work environment free from the fact or appearance of coercion. Sexual harassment is a form of sex discrimination, a violation of University policies, and may result in serious disciplinary action. Sexual harassment is any unwelcome conduct of a sexual nature where:
1. Submission to or rejection of such conduct is an explicit or implicit condition of an individual’s employment, evaluation of academic work, or participation in any University program or activity; or
2. Submission to or rejection of such conduct by an individual is used as the basis for decisions affecting the individual; or
3. Such conduct has the purpose or effect of unreasonably interfering with an individual’s work or academic performance, or is sufficiently severe, pervasive, or persistent as to create an intimidating, hostile, humiliating, demeaning, or sexually offensive working, academic, residential, or social environment.
In some cases, sexual harassment may be found in a single episode, as well as in persistent behavior. Conduct that occurs in the process of application for admission to a program or selection for employment, as well as conduct directed toward University students, faculty, or staff members, is covered by this policy and the University’s Harassment Policy. Both men and women are protected from sexual harassment, and sexual harassment is prohibited regardless of the sex of the harasser. Sexual harassment is a matter of particular concern to an academic community in which students, faculty and staff are related by strong bonds of intellectual and spiritual interdependence and trust.
Examples of sexual harassment can include pressure for a dating or intimate relationship, unwelcome sexual advances, unwelcomes touching, obscene gesture, jokes about sex, anatomy, or gender-specific traits, coerced sexual activity, and sexual assault. Harassment can take many forms, including physical, verbal, visual, and text and other electronic messages.
Note that all forms of sexual misconduct covered in this policy are also prohibited forms of sexual harassment.
Sexual Assault: Sexual assault is the commission of a nonconsensual sexual act or nonconsensual sexual contact against another person. Lack of consent can be by force, threat or force, coercion, or because the party is physically or mentally unable to consent.
Sexual Contact: Sexual contact means the nonconsensual touching of a person’s intimate parts (including genitalia, groin, breast or buttocks, or clothing covering any of those areas), or using force or threat of force to cause a person to touch his or her own or another person’s intimate parts.
Sexual exploitation / Sexual Acts not Involving Contact: Much sexual misconduct includes nonconsensual sexual contact; however, contact is not a necessary component. A sexual act not involving contact may also violate this policy, provided that the act was nonconsensual. Sexual exploitation includes taking sexual advantage of another person for the benefit of oneself or another party when consent is not present. For example, photographing, or the auditory or visual recording of sexual activity, if done without consent, is sexual misconduct that would violate this policy. Similarly, sharing such recording or photographs without consent is a form of sexual exploitation and would violate this policy.
Dating/Domestic Violence: Physical, psychological, emotional, or sexual abuse between individuals in an intimate relationship, when the conduct is so severe, pervasive, or persistent that it significantly interferes with the individual’s ability to learn or work or causes substantial emotional distress. Stalking: Knowingly engaging in conduct directed at a specific person that one knows or should know would cause a reasonable person to fear for their safety (or the safety of another) or suffer substantial emotional distress.
C. Related Definitions:
Consent: Sexual activity requires consent as a matter of state and federal law. For the purposes of this policy, consent is defined as clear, unambiguous, and voluntary agreement between the parties to engage in sexual activity.
Consent is not present when an individual does not have the capacity to give consent due to age, physical condition, or disability that impairs the ability to give consent. Consent cannot be obtained from someone who is under 18 years of age (in Illinois), asleep or otherwise mentally or physically incapacitated, whether due to alcohol, drugs, or some other temporary or permanent, physical or mental disability or condition. If a person is unconscious or unaware that sexual activity is occurring, consent is not possible. An individual cannot claim that sexual activity was consensual if the individual knows or reasonably should have known hat the other party was incapable of making a rational, reasonable decision regarding consent. Consent cannot be obtained by threat, coercion, or force. Agreement given under such conditions does not constitute consent.
A person may appear to be giving consent but may not have the capacity to do so. If there is any doubt as to another person’s ability to give contact, it should be assumed that the other person does not have the capacity to give consent. Being intoxicated or impaired by drugs or alcohol does not excuse anyone from the responsibility to obtain consent.
Force: Force means physical force, violence, threat, intimidation, or coercion.
University Community: For purposes of this policy, “University community” includes students, faculty, administrators, staff, volunteers, vendors, independent contractors, visitors, and any individuals regularly or temporarily employed, studying, living, visiting, conducting business or having any official capacity with the University or on University property.
Employee: Employee means any person employed by the University, whether as a faculty or staff member, whether full-time, part-time, adjunct, tenure-track, or non-tenure track.
University: University means Greenville University, Greenville, Illinois.
University Student: University student means any student who is registered or enrolled at the University at the time of the alleged sex discrimination.
III. EMPLOYEE-STUDENT CONSENSUAL RELATIONS
The integrity of the teacher-student relationship is the foundation of the University’s educational mission. This relationship vests considerable trust in the teacher, who, in turn, bears authority and accountability as a mentor, educator, and evaluator. The unequal institutional power inherent in this relationship heightens the vulnerability of the student and the potential for coercion. The pedagogical relationship between teacher and student must be protected from influences or activities that can interfere with learning and personal development.
Whenever a teacher is or in the future might reasonably become responsible for teaching, advising, mentoring, or directly supervising a student, an amorous relationship between them is inappropriate and should be avoided. In addition to creating the potential for coercion, any such relationship jeopardizes the integrity of the educational process by creating a conflict of interest and may impair the learning environment for other students. Finally, such situations may expose the University and the teacher to liability for violation of laws against sex discrimination.
For purposes of this policy, “direct supervision” includes the following activities (on or off campus): course teaching, examining, grading, advising for a formal project such as a thesis or research, supervising required research or other academic activities, and recommending in an institutional capacity for admissions, employment, fellowships or awards.
“Teachers” includes, but is not limited to, all tenured and non-tenured full-time, part-time and adjunct faculty of the University. It also includes graduate and professional students and associates when they are serving as part-time acting instructors or in similar institutional roles, with respect to the students they are currently teaching or supervising.
“Students” refers to those enrolled in any and all educational and training programs of the University.
This Policy also applies to members of the Greenville University community who are not teachers as defined above, but have authority over or mentoring relationships with students, including athletic coaches, supervisors of student employees, advisors and directors of student organizations, residential advisors, as well as others who advise, mentor, or evaluate students.
Employees or students with questions about this policy are advised to consult with the University’s Title IX Coordinator or Deputy Coordinators listed on the University website.
IV. OTHER CONDUCT THAT MAY CONSTITUTE SEX DISCRIMINATION OR VIOLATE THIS POLICY
In accordance with this policy, the University is empowered to investigate and sanction other conduct that is discovered as a result of a complaint brought under this policy that may violate Title IX and this policy. Such related conduct may include, without limitation, incidents of domestic violence, dating violence, and stalking, as those terms are defined by state and federal laws. For example:
• Domestic Violence includes felony or misdemeanor crimes of violence, abuse, assault and/or battery by a person who is married, cohabiting, or who has a child in common with the victim.
• Dating Violence includes felony or misdemeanor crimes of violence, abuse, assault and/or battery by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The length, type, and nature of the relationship are considered in determining if such a relationship exists.
• Stalking includes engaging in conduct or a series of actions directed at another person if that conduct or series of actions would cause the other person to have a reasonable fear for his or her safety.
Violations of the rules of confidentiality as articulated herein or violations of any interim measures imposed under this may be subject to discipline pursuant to this policy or other University policies.
The University seeks to remove barriers to reporting sexual discrimination. To this end, a violation of the student handbook (such as an alcohol or substance abuse violation), when the violation is discovered as a result of a report of sex discrimination, will not result in dismissal for the complainant, provided that the complaint is raised in good faith and the health and safety of the individuals involved is not jeopardized. The University reserves the right to extend grace to all parties involved and may choose to recommend or require institutional or counseling remedies for a student consistent with our values.
V. TITLE IX COORDINATOR
The Title IX Coordinator is the individual designated by the University to coordinate the University’s efforts to comply with and enforce the responsibilities of the University under this policy in accordance with pertinent Title IX regulations.
The University has designated the following individual as its Title IX Coordinator:
Ross Baker and the Director of HR
315 E. University Ave.
Greenville, IL.
Deputy Coordinators are also posted on the University website.
The Title IX Coordinator is responsible for coordinating University compliance with Title IX. These duties include overseeing the University’s response to Title IX reports and complaints, identifying and problems or patterns revealed by reports or complaints.
A. The University has designated the duties and responsibilities of the Title IX Coordinator who shall:
1. Appoint deputy Title IX Coordinators as needed.
2. Ensure coordination with the deputy Title IX Coordinators and appropriate staff with relevant responsibilities for such activities on campus as housing, University Medical Services, Counseling Services, Campus Safety, Student Life, and Human Resources.
3. Prepare and arrange for a preventive education program. Such programs will include information designed to encourage students to report incidents of sexual violence to the appropriate University and law enforcement authorities.
4. Develop specific materials that include the University’s policy, rules and resources for students, faculty, coaches and administrators and arrange for such materials to be included in all employee and student handbooks. These materials would include:
a. What constitutes sex discrimination, sexual harassment, or sexual violence.
b. What to do if a student has been the victim of sex discrimination.
c. Contact information for counseling and victim services on and off school grounds.
d. How to file a complaint with the school.
e. How to contact the University’s Title IX coordinator.
f. What the University will do to respond to allegations of sexual harassment or violence, including interim measures that can be taken.
g. Explain that retaliation against an individual who makes a report under this policy is strictly prohibited and is itself a violation of this policy.
5. Analyze periodically any trends or patterns of sex discrimination on campus, assess the efficacy of campus-wide response to sex discrimination, and conduct an annual review of all Title IX complaints brought to the University Title IX Coordinator.
6. Communicate with Campus Safety regarding the University’s obligations under Title IX and serve as a resource regarding Title IX and its relationship to the University’s obligations under the Clery Act.
7. Develop a protocol with Campus Security regarding complaints of sexual misconduct filed with Campus Safety.
8. Monitor and assess the University’s overall Title IX compliance efforts.
B. In addition, the Title IX Coordinator will arrange for or conduct training for all new employees and periodic training for other employees and students. The following individuals or relevant members of the departments or offices named below shall receive at least annual training:
1. Members of the staff of the University Medical Services.
2. Members of the Campus Counseling Department.
3. Members of Campus Safety.
4. Academic Deans.
5. Department chairpersons.
6. Student Life staff, including Resident Assistants and Resident Directors.
7. All new employees.
8. All other employees and all students shall be provided periodic training and information.
C. Develop internal operating procedures for any Title IX deputy coordinators and investigators, including training on that protocol.
D. Oversee and log all communications regarding reports and activities covered by this policy.
VI. TITLE IX COMPLAINT RESOLUTION PROCESS
The University encourages anyone who believes he or she has been the subject of or witness to sexual misconduct to report this information as promptly as possible to the Title IX Coordinator, the Dean of Students, a Deputy Title IX Coordinator, or University employee. Faculty and staff may also make reports to a supervisor or Department Head.
A. Privacy and Confidentiality
The University shall protect the privacy of individuals involved in a report of sex discrimination to the extent allowed by law and University policy. Communications to health professionals employed by the University, including counselors at the University Counseling Center, may be privileged and confidential. In addition, other University employees (e.g., clergy in the context of confidential communications as recognized by state law) may have a legal obligation to remain confidential. Because discussions with confidential resources are not reported to the University, such discussions do not serve as notice to the University to address the alleged sex discrimination.
Reports to other University personnel may serve as notice to the University. Specifically, all faculty and any staff who are “responsible employees” of the University are required to promptly report allegations of sexual discrimination that they observe, or that are reported to them, directly to the Title IX Coordinator. “Responsible employees” include managers, supervisors and officials with significant responsibility for student and campus activities, such as student life (Resident Directors and Resident Assistants) and campus safety. All other employees are strongly encouraged to report this conduct regardless of employment classification.
In cases where a Complainant requests that no action be taken or that his/her name not be shared with the Respondent, the University will balance the needs of the parties for privacy with the institution’s responsibility to ensure a safe educational environment and workplace. In some cases, strict confidentiality may not be possible or appropriate. An individual’s request regarding the confidentiality of reports of discrimination or sexual misconduct will be considered in determining an appropriate response; however, such request will be considered in the dual context of the University’s legal obligation to ensure a working and learning environment that is free from discrimination or sexual misconduct and the rights of the accused to be informed of the allegations and their source. Some level of disclosure may be necessary to ensure a complete and fair investigation. The Title IX Coordinator will assess such requests by examining the seriousness of the reported conduct, whether the reported misconduct was perpetrated with a weapon, the respective ages and roles of the parties, whether there have been other reports of misconduct or discrimination by the Respondent, whether the University possesses other means to obtain relevant evidence of the alleged conduct, whether the report reveals a pattern of misconduct (e.g., via illicit use of drugs or alcohol) at a given location or by a particular group, and the rights of the Respondent to receive notice and relevant information before disciplinary action is initiated.
Where possible, the University will honor requests for confidentiality or that no action be taken so long as the University can meet its obligations under this policy and the law to eliminate the discriminatory conduct, prevent the reoccurrence, and address its effects. If the University is unable to take action consistent with the wishes of the Complainant, the Title IX Coordinator will inform the Complainant about the chosen course of action, which may include an investigation and potential disciplinary action against the Respondent. In all instances, the University will take immediate action as necessary to protect and assist the Complainant.
If the University honors the request for confidentiality, the University’s ability to meaningfully investigate the incident and pursue disciplinary action against a Respondent may be limited.
B. Parties to a Complaint:
Complainant: Any individual, employee, or other current member of the University community, defined above, who contemplates filing or actually files a complaint of sex discrimination. Respondent: A person alleged to have committed a violation of the University Title IX policy.
C. Report to Title IX Coordinator Any member of the University community who has experienced or is experiencing sex discrimination, should immediately contact the University Title IX Coordinator to report the alleged act or acts of sex discrimination.
The University’s response may be limited if the alleged Respondent is no longer on campus or is unknown. Nevertheless, resources and assistance may still be available and the Complainant is encouraged to report the discrimination.
The University President, Vice Presidents, Deans, Coaches or Department Heads may request the Title IX Coordinator investigate allegations of sex discrimination with or without the consent of the Complainant. The administrator requesting the investigation will act as the Complainant and must specify the person or persons responsible for committing the alleged discriminatory conduct. The Title IX Coordinator will use the same notification and procedural guidelines outlined in this policy.
D. Response of Title IX Coordinator In response to a report under this Policy, the Title IX Coordinator will do the following:
1. Schedule a meeting with the Complainant in order to provide to the Complainant a general understanding of this Policy (and a copy of the Policy, if necessary), and to identify forms of support or immediate interventions available to the Complainant, such as health services, mental health services, crime victim services, or services of a local rape crisis center. The meeting will cover any interim measures or accommodations that may be appropriate under the circumstances. In response to a report under this Policy, regardless of the action chosen by the Complainant, the University will undertake an appropriate inquiry and take such prompt and effective action as is reasonably practicable under the circumstances to support and protect the Complainant. Such measures may include a “no-contact” order, which will typically direct that the parties refrain from having contact with one another, directly or through proxies, whether in person or via electronic means. The Title IX Coordinator also may take any further protective action deemed appropriate concerning the interaction of the parties, including, without limitation, directing appropriate University officials to alter the students’ academic, housing or employment arrangements, providing an escort for the Complainant, and any other measure deemed appropriate by the Title IX Coordinator. Any interim measures taken under this policy shall not disproportionately impact the Complainant. Violations of the Title IX Coordinator’s directives or interim measures may lead to additional disciplinary action.
2. Advise the Complainant of his or her rights as follows:
a. The right to contact or decline to contact the appropriate law enforcement personnel to pursue criminal charges under local, state, or federal law. The Complainant should be informed of his or her right to file a criminal complaint concurrent with or after the University’s Title IX investigation. The University may suspend or delay its fact-finding investigation under this policy during the initial evidence gathering process conducted by law enforcement but will resume upon notice form law enforcement that evidence gathering is completed. When law enforcement remedies are pursued by a Complainant, the University may still take interim measures to ensure the safety and care of the parties or witnesses and provide them information as to their rights under this policy.
b. The right to file a civil action against the alleged Respondent.
c. The right to file a complaint with the U.S. Department of Education, the U.S. Equal Employment Opportunity Commission, and/or the State of Illinois Civil Rights Commission.
E. Informal Resolution
Following contact with the Title IX Coordinator, but prior to the submission of a formal complaint to the Title IX Coordinator, the Complainant is permitted to request a meeting with the Respondent alleged to be directly responsible for the violation or with the person having immediate supervisory authority over the Respondent. Such meeting shall be coordinated by and take place in the presence of the Title IX Coordinator.
The purpose of any pre-complaint contact will be for the Complainant to request a proposed course of action in order to resolve the matter in a manner consistent with biblical principles of dispute resolution. Such meeting shall be solely at the option of the Complainant. At no time will the Complainant be required to confront the Respondent. In cases involving sexual assault, no such meeting shall occur. An informal meeting under this section is not a pre-condition for the submission of a complaint to the Title IX Coordinator or proceeding under the formal resolution option of this policy. Mediation, while appropriate for some forms of sexual harassment, cannot be used to resolve sexual assault reports.
If the matter cannot be resolved by informal resolution under this section, then the Complainant may submit to the Title IX Coordinator a formal Complaint and proceed under the formal resolution option of this policy. In the event that the Title IX Coordinator has any conflict of interest in resolving the complaint in a fair and impartial manner, then the complaint shall be submitted to a deputy Title IX Coordinator or another individual appointed by the President of the University to serve as a substitute Title IX Coordinator.
F. Formal Resolution Process
If the informal meeting does not resolve the complaint, or if such meeting is not held, the complainant may then seek formal resolution from the Title IX Coordinator. In order to facilitate the formal resolution process, the Complainant should provide the Title IX Coordinator with the following information:
1. At the option of the Complainant, the name and address of the Complainant.
2. The name or names of the person or persons alleged to be responsible for the act of discrimination, if known.
3. Details of the specific acts of discrimination alleged, including the dates, times, and locations, if known.
4. Names, addresses and telephone numbers of potential witnesses who may be called in support of the complaint, if known.
5. The date the Complainant makes a request to seek formal resolution under this policy shall be considered the “Date of the Complaint” for purposes of calculating timely resolution.
G. Investigation under Formal Resolution Process
After the Complainant notifies the Title IX coordinator of his or her desire to pursue formal resolution, the Title IX Coordinator may assign the matter to a deputy Title IX Coordinator, or another person who has been trained to conduct investigations under Title IX, for investigation. References in this section to the investigator may be the Title IX Coordinator or to his or her designee, if one is assigned.
Once the formal resolution process begins, the investigator will meet with and interview the Complainant. The investigator will also schedule an interview with the Respondent to discuss the allegations, provide information about the complaint, a copy of the University’s Title IX Policy, and explain the formal resolution process. The investigator will ask the Respondent for a response to the complaint. The Complainant is entitled to be informed of such response. The investigator will collect all relevant documents and information from each party and establish a deadline for the receipt of such information and documents from each party. The investigator will also interview any relevant witnesses to the allegations and may request documentation from the appropriate departments and offices at the University. Both the Complainant and the Respondent shall have the right to provide witness information and evidence to the investigator.
If the Respondent or any witness refuses or fails to respond to the investigator’s request for a response to the complaint or request for information, or otherwise fails to cooperate, the investigator may nevertheless continue the investigation.
Within thirty (30) days after the date of the complaint, the investigator will render a decision as to whether, by a preponderance of the evidence, sex discrimination has or has not occurred. Such decision shall be supported by a written report containing findings of fact, along with a recommendation by the investigator of any remedial and/or disciplinary action(s) to be taken. Within five (5) days of the date of the decision, the Title IX Coordinator shall notify in writing the Complainant and the Respondent of the decision.
H. Appeal of Findings of Investigation
All parties to the complaint may appeal the findings and recommendation of the investigator. All grounds for appeal shall be based on the emergence of new evidence that was previously unavailable through the exercise of due diligence, or the grounds that some aspect of this policy or procedure was not adequately followed. The sole method of appeal shall be the impartial review by a senior level administrator as appointed by the President, who is not involved as a party or witness to the investigation. Any appeal must be filed within ten (10) days of the investigator’s decision.
Any actions pertaining to the safety and well-being of either party, or other remedial measures put in place by the Title IX Coordinator prior to or in conjunction with the formal resolution process may, in the discretion of the Title IX Coordinator, remain in place even during an appeal.
If one party appeals, the other party may review and respond to the appeal within five (5) days of the date of the appeal. The Senior Administrator appointed to the appeal shall render a decision on the appeal within ten (10) days of receipt of the appeal.
For purposes of this policy, all time requirements contained in the formal resolution process and any appeal shall mean business, not calendar, days. In addition, the University shall retain the discretion of extending timelines for good cause. Where a timeline is extended, the University will communicate with the parties in writing about the delay and the reason for the delay.
I. Determination of Disciplinary Action and Implementation of Remedial Measures
In the event the investigator finds that the Respondent has committed an act of sex discrimination as defined by this policy, the matter will proceed as follows:
1. Students: If the Respondent is a University Student, the office of Student Development will determine and administer the appropriate disciplinary action. If the University Student is found to have committed a sexual assault, the office of Student Development may initiate expulsion proceedings pursuant to the Student Handbook and Student Code of Conduct.
2. Staff: If the Respondent is a staff member, the Title IX Coordinator or Deputy Coordinator will recommend the appropriate disciplinary action to the Director of Human Resources, up to and including termination of employment.
3. Faculty: If the Respondent is a faculty member and his or her conduct warrants discipline that is less severe than discharge or suspension, the Title IX Coordinator will recommend sanctions to the Provost. In cases where the faculty member’s actions warrant discharge or termination of employment, the Title IX Coordinator will recommend to the President that termination proceedings be initiated. If the President accepts the recommendation, the matter will proceed in accordance with the terms of the University’s Faculty Handbook providing for Dismissal for Cause. If a faculty member is found to have committed a sexual assault, then the matter may proceed in accordance with the terms of the University’s Faculty Handbook providing for Dismissal for Cause.
Except where suspension or expulsion has been imposed, any appeal of the investigator’s decision and recommendation shall stay the imposition of disciplinary action under this section, but only during the pendency of the appeal. If the disposition of the appeal does not alter the recommended sanction, disciplinary action pursuant to this section shall proceed. Any actions pertaining to the safety and well-being of either party, or other remedial measures put in place by the Title IX Coordinator may, in the discretion of the Title IX Coordinator, remain in place even during an appeal process.
VII. RETALIATION; FALSE COMPLAINTS
A. Retaliation
It is a violation of this Policy to retaliate against any person making a complaint under this Policy or against any person cooperating or participating in an investigation under this Policy. Retaliation should be reported promptly to the Title IX Coordinator and may result in appropriate disciplinary action independent of other sanctions or interim measures administered under this Policy.
B. Filing a False Complaint
Any Complainant who knowingly makes false charges alleging violations of this policy may be subjected to disciplinary action. A good faith complaint which is later not substantiated is not considered to be a false complaint.