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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. You can find more information about Drury's Safety & Security sexual assault protocols here. Consent must be obtained at the time of the specific activity and can be withdrawn at any time. Allegations of sexual misconduct that do not fall under this policy because they do not constitute prohibited conduct as defined in this section may constitute violations of the University Sexual Misconduct Policy. Notice of the allegations potentially constituting Title IX Sexual Harassment. These advisors serve as a point of contact to answer questions and explain processes, join the student in meetings, and make sure the student's needs are being addressed. The Parties may not require that the assigned Advisor have specific qualifications such as being an attorney. Disciplinary probation will be taken into account in judging the seriousness of any subsequent infraction even if the probationary period has expired. Collection of Evidence. What are the responsibilities of the Title IX Coordinator? Name of the person to whom the report was made. What if a Party and/or witness requests confidentiality?

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Harassing behavior could also be related to targeting an individual or group's gender, sexual orientation, or ethnicity. Responsibilities and Personnel. Educational trainings, prevention programs, and awareness campaigns: - EVERFI prevention course for employees – mandatory campus training on prohibited conduct and available resources. Sexual contact with someone who was known to be or reasonably should have been known to be incapacitated is a violation of policy. Evidence of a pattern of perpetration increases the severity of sanctions needed. Even if the formal grievance process has already begun, either party may seek to initiate the alternate resolution process. We encourage anyone with knowledge of a Title IX violation to come forward and report it to their University Title IX Coordinator regardless of when the incident occurred. Consent is demonstrated through mutually understandable words and/or actions that clearly indicate a willingness to engage in sexual activity. However, if you believe a crime has occurred, you are encouraged to report the incident to the police. This standard of proof means that the appropriate decision-maker must determine whether a complaint of discrimination or harassment is "more likely than not" to have occurred. Proceedings under this policy may be carried out prior to, simultaneously with, or following civil or criminal proceedings off campus.

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Unwelcomed verbal, visual, or physical sexual conduct. If I reported being sexually harassed or assaulted to the Title IX Coordinator, do I still need to go to the police? What is sex discrimination? 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. Even if the parties enter into a written alternate resolution agreement, if information related to the violation of other University policies (i. e., policies other than the Title IX Sexual Harassment policy or the University Sexual Misconduct policy) comes to light through the alternate resolution process, such information may be used in other University disciplinary processes, subject to the Leniency/Amnesty policy described in section VI(4). Similarly, the University will not require, encourage, or discourage the parties from participating in the alternate resolution process.

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What if the report of a violation was unsubstantiated? Factors that could negatively affect the university's ability to investigate include the loss of physical evidence, the potential departure of witnesses, or loss of memory. Director of Report and Response: For questions or concerns, contact UNC-Chapel Hill's Director of Report and Response. What is the difference between a Title IX investigation and a criminal investigation? Physical and/or aggressive sexual advances. Who can the Respondent contact when accused of a Title IX offense?

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Specifically, the University Sexual Misconduct policy applies to forms of sexual misconduct that do not fall under the scope of the Title IX Sexual Harassment policy, including Sexual Exploitation, Improper Conduct related to Sex, and University Sexual Harassment. Once supportive measures are approved, the parties or affected individuals will be notified in writing of the supportive measures. Department of Education's Title IX regulations. One Act – bystander intervention training. Complaints of sexual assault/sexual violence may not be resolved informally.

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Dating Violence: Violence committed by an individual who is or has been in a social relationship of a romantic or intimate nature with the victim. 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. This sanction may be particularly appropriate in cases involving vandalism, disorderly conduct, and alcohol-related infractions. At least 48 hours prior to the hearing, the parties and their advisers will be provided with the other party's written response to the investigative report, if any, in electronic format. The Title IX Coordinator or Deputy Coordinator will meet with the complainant and outline the options available to them (internal and external). Each Complainant and Respondent is allowed to have one Support Person of their choice present with them for all Title IX Process interviews and meetings. You will be asked to provide a response to the complaint, to provide the names of any witness who can corroborate your account of the incident, and to provide any evidence in support of your account. To have an opportunity to present a list of potential witnesses and provide evidence to the Investigator. If a Party or any witness does not submit to cross-examination (i. e., refuses to answer questions of a Party's Advisor at the hearing), no statements of that Party or witness can be considered by the Hearing Panel in reaching a determination regarding responsibility. Whether proceeding with the alternate resolution process in matters involving faculty and staff members is in accordance with University employment practices. The University does not conduct criminal investigations. In order to address incidents of sexual misconduct that do not fall within the definition of Title IX Sexual Harassment, the University has two policies that address sexual misconduct: (1) this policy and (2) the University Sexual Misconduct policy (see). What if I am participating in a Study Abroad program and I believe I was sexual harassed while abroad (i. e., not in the United States); should I make a report to Title IX Coordinator?

Following the hearing, the Hearing Panel will consider all of the relevant evidence and deliberate regarding responsibility. No, if you choose to respond informally and do not file a formal complaint (but you should review the information on confidentiality to better understand the university's obligations depending on what information you share with different people on campus). Confidentiality and Confidential Resources. In addition, the University may need to take action to investigate whether to institute disciplinary actions or take other corrective steps on behalf of or against a student or employee, depending on the circumstances. Medical Services at University Health Services (UHS). Any person who engages in such retaliation shall be subject to disciplinary action, up to and including expulsion or termination, in accordance with applicable procedures. It can occur between strangers or acquaintances, as well as people involved in intimate or sexual relationships. Title IX and the Violence Against Women Act (VAWA) are two of the federal laws that are focused on providing safe, inclusive, and welcoming learning and work environments on campus. However, if the reporter provides limited information, the University may be limited in its ability to take action. Sex discrimination is conduct that is based upon an individual's sex, pregnancy, gender identity, or gender expression that adversely affects a term or condition of an individual's employment, education, living environment, or participation in a University program or activity. The Title IX Resolution Process.

Sanctions Applicable to Students. Notwithstanding the foregoing, if a party or witness was absent from the hearing or was not available for full cross examination at the hearing, the Hearing Panel cannot draw an inference about the determination regarding responsibility based solely on such absence or unavailability. Notify the Title IX Office promptly. See Appendix A for a complete list of Confidential Resources on campus. D. Findlay Student Center 114. Contact local law enforcement to file a criminal complaint (see Appendix A). Consistent with the law and upon approval from the Office of the General Counsel, Universities may also designate non-professional counselors or advocates as confidential for purposes of its mandated reporting policy and, therefore, excluded from the definition of Mandated Reporters. If the information is not learned in the course of confidential communication (for example, behavior is observed in class) then the employee has the same obligation as a Mandated Reporter.

A concise summary of the alleged conduct at issue (including when and where it occurred, if known). In the event that the vice president for human resources is unavailable, an appropriately trained University official will serve as the substitute. To be present at the hearing, which right may be waived by either written notification to the Hearing Officer or by failure to appear.

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