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Formal complaint refers to a document filed by a complainant (meaning a document or electronic submission (such as by electronic mail) that contains the complainant's physical or digital signature, or otherwise indicates that the complainant is the individual filing the formal complaint) alleging Title IX Sexual Harassment against a respondent and requesting that the University investigate the allegation of Title IX Sexual Harassment. 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. If you have changed clothing since the assault, bring the clothing you had on at the time of the assault with you to the hospital in a clean sanitary container such as a clean paper grocery bag or wrapped in a clean sheet (plastic containers do not breathe, and may render evidence useless). If you are in immediate danger, please call 911. Hotline: 417-864-7233. Do not disturb the crime scene – leave all sheets, towels, etc. For purposes of this policy, incapacitation (or incapacity) is the state in which an individual's perception or judgment is so impaired that the individual lacks the cognitive capacity to make or act on conscious decisions. Incapacitation is determined based on the totality of the circumstances. Drury University strives to be a safe, education-oriented and community minded campus that maintains an academic and social environment conducive to intellectual and personal development of students and promotes the safety and welfare of all members of the campus community. If the complainant, the respondent, or a witness informs the University that they will not attend the hearing (or will refuse to be cross-examined), the hearing may proceed, as determined by the University Sexual Misconduct/Title IX Coordinator. There may be circumstances that require the extension of time frames for good cause. Date the infromation was shared with you.
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Failure to prove a complaint of sexual misconduct is not equivalent to a bad faith allegation. Third party refers to any individual who is not a University student, a faculty member, or a staff member (e. g., vendors, alumni/ae, or local residents). For purposes of this policy, consent is defined as follows: - Consent and Incapacitation. If a Complainant requests to remain confidential, the University will give serious consideration to that request. Who can the Respondent contact when accused of a Title IX offense? Sanctions will take into account the seriousness of the misconduct as compared to like cases in the past, the respondent's previous disciplinary history (if any), and institutional principles.
The sanctions for students are listed below. Requests for supportive measures may be made by or on behalf of the complainant or respondent to any University official, including the University Sexual Misconduct/Title IX Coordinator. Formal complaint may also refer to a document signed by the University Sexual Misconduct/Title IX Coordinator alleging Title IX Sexual Harassment against a respondent. The preponderance of the evidence standard used for Title IX cases at the University is the same standard utilized in other University disciplinary and student conduct matters. Examples of prohibited retaliation include, but are not limited to, giving a lesser grade than the student's academic work warrants because the student filed a report or Formal Complaint of sexual harassment; giving lower than justified performance appraisals because a person was a witness in an investigation of alleged sexual harassment; and threatening to spread false information about a person for filing a report or Formal Complaint of sexual harassment. Who is a Respondent? However, if appropriate, the University Sexual Misconduct/Title IX Coordinator may refer the matter to the University Sexual Misconduct process or to another office for review; or, if the University Sexual Misconduct/Title IX Coordinator deems the formal complaint appropriate for the alternate resolution process, the University Sexual Misconduct/Title IX Coordinator may instead refer the matter to the alternate resolution process, as described in section IV. Confidential medical care (e. g., evidence collection, pregnancy prevention, treatment of STIs). If a Complainant or Respondent is uncomfortable with a particular member on their Title IX Hearing Panel (e. g. due to familiarity with the member), will the member be removed from the Hearing Panel? 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. The complainant and the respondent may ask a support person of their choice to accompany him/her during the investigation process. If a respondent has previously been disciplined for a policy violation and then repeated the violation, that indicates a need for stronger disciplinary action. 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 Presiding Hearing Panelist will accommodate requests by either party for the hearing to occur with the parties located in separate locations with technology enabling the Hearing Panel and the parties to simultaneously see and hear the party answering questions. Failure to comply with this policy can result in disciplinary action. Parties will be interviewed separately; will be interviewed by the panel of investigators for their first interview and may, at the discretion of the investigators, delegate follow-up interviews to one investigator. The support person cannot be a potential witness in the matter, or another complainant or respondent in the same or related matter. 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. The Presiding Hearing Panelist will be responsible for maintaining an orderly, fair, and respectful hearing and will have broad authority to respond to disruptive or harassing behaviors, including adjourning the hearing or excluding the offending individual, including a party, witness, or adviser. 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. Phone: 417-874-2600. For the purposes of the Stalking definition: Course of conduct means two or more acts, including acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about an individual, or interferes with an individual's property.
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The University will not require as a condition of enrollment or continuing enrollment, or employment or continuing employment, or enjoyment of any other right, waiver of the right to an investigation and adjudication of formal complaints of Title IX Sexual Harassment. 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. Timeliness of Report. Jennifer Baltes, Director of Human Resources. Visit your University's Title IX site for a list of resources to help. 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. There are several ways you can make a report at each University. In order to give effective consent, the person must also be of legal age. For example, if both parties joined the same eating club subsequent to signing the agreement or participated in the same study abroad program, either party could request a supplemental agreement to address the changed circumstances, provided that both parties agreed to any such revisions. 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. The parties and their advisers will simultaneously be provided (via electronic format) with the written decision describing the result of the appeal and the rationale for the result.
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The University will investigate to the extent possible, and determine whether the harassing behavior is sufficiently severe, pervasive and objectively offensive as to deprive the complainant access to the educational opportunities or benefits provided by the institution. A second policy, the College Sexual Misconduct policy, addresses sexual misconduct that does not fall within the scope of the U. The University will promptly respond to all claims of retaliation. To request a no contact directive between the Parties. In the case of a first-year undergraduate or sophomore, removal from housing is not an option as all underclass students must reside in a residential college. Is there a statute of limitations for reporting incidents in the past? National Sexual Assault Hotline: (800) 656-4673. These investigations are very different. Presumption of Good Faith Reporting.
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. Nature of the conduct (be as specific as possible regarding the allegations: e. g., "Complainant awoke to Responding Party touching her breasts without permission. Party or parties refer to the complainant(s) and the respondent(s). This person ensures the prohibited conduct ends and ensures the safety of the affected individual and community. Campus service up to 10 hours per week may be added to a reprimand or disciplinary probation. In deciding an appeal, the Appeal Panel may consider the case file and any responses, investigative report and any responses, the hearing record, the written determination, and any written appeal(s) or statements by the parties. If you feel you are the victim of retaliation in violation of this policy, you should report the retaliation just as you would a complaint of sexual misconduct.
The existing Sexual Intimacies Policy remains unchanged. How long are records of an investigation kept? All individuals are encouraged to report concerns about the failure of another to abide by any restrictions imposed by a supportive measure. Violence committed by a person. Any incident since the Mandated Reporter policy went into effect must be reported. To have an Advisor of the University's selection appointed for a Party where the Party does not have an Advisor of their own choice at a hearing.
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