What Does Title Ix Prohibit, Sanctions Policy - Our House Rules

July 21, 2024, 6:34 pm

It will also be considered a violation of University policy for any individual to encourage, aid, assist, or participate in any act of sexual misconduct against another. A complainant cannot file a formal complaint anonymously. Sexual harassment, including sexual misconduct as defined in the policy, is prohibited under Title IX. A Formal Complaint is a written document filed by a Complainant (or signed by a Title IX Coordinator) alleging sexual harassment against a Respondent and requesting that the University investigate the allegation of sexual harassment. By intoxication or mental disability, a person may not be capable of valid consent. At the conclusion of the investigation, the investigators will provide the Coordinator with an investigation report and their recommendations regarding whether or not, based on the preponderance of the evidence, a policy violation occurred. Tijuana Julian, Vice President for Student Affairs / Dean of Students. Following a report, the Title IX Office will send outreach and offer to meet with the Complainant to assist with immediate safety measures and other necessary and appropriate supportive measures. However, the University support person may not actively participate in meetings and may not serve as a proxy for the party. Use of force or manipulation of unwanted sexual activity.

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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. This person ensures the prohibited conduct ends and ensures the safety of the affected individual and community. 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. A Respondent may be removed from a University education program or activity if the Title IX Coordinator, after conducting an individualized safety and risk analysis, determines that the Respondent poses an immediate threat to the physical health or safety of any student or other individual arising from the allegations of sexual harassment justifying removal. The University does not conduct criminal investigations. Sexual assault and sexual violence are forms of sexual or gender-based harassment that are prohibited by Title IX. Other Information: This website is primarily focused on the work of the EOC office. National Sexual Assault Hotline: (800) 656-4673. Who can the Respondent contact when accused of a Title IX offense? Having evidence collected in this manner will help to keep all options available to a victim, but will not obligate her/him to any course of action. 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. Room changes under these circumstances are considered emergencies. Bullying, abusive or intimidating comments and actions.

609-394-9000 (24-hour hotline) /609-394-0136 (office). Consent is informed, knowing, and voluntary. The University Sexual Misconduct/Title IX Coordinator will be informed of all reports or formal complaints of violations of this policy, and oversees the University's centralized response to ensure compliance with Title IX and the 2013 Amendments to the Violence Against Women Act (VAWA). If the student needs emergency assistance call: 911 or 9-911 from a campus phone. The University will conduct its own investigation into the incident, regardless of whether the individual chooses to pursue criminal charges or not. Upon signing the alternate resolution agreement, the parties are bound by its terms and cannot opt for a formal grievance process based on the conduct alleged in the formal complaint. Consent to sexual activity requires of all involved persons a conscious and voluntary agreement to engage in sexual activity. Confidentiality, Privacy, and Related Responsibilities. Continual offensive comments or surroundings of a discriminatory or sexual nature. Unwanted sexual contact that stops short of rape or completed rape. We also encourage a Respondent to seek any resources needed, including counseling and health services. If a violation occurred, the University may determine if it is necessary to issue a no-contact order against the offending student to sufficiently protect the complainant.

The appeal shall consist of a written statement not to exceed 2500 words, outlining the basis for appeal and the relevant information to substantiate the appeal. Following the receipt and review of the formal complaint by the University Sexual Misconduct/Title IX Coordinator, and it being determined that the matter properly falls under this Title IX Sexual Harassment policy, the parties will be provided with a written Notice of Allegations which shall include: - The identities of the parties, if known. If accessing these resources, individuals are encouraged to clarify whether the resources are confidential. To enable prompt and efficient resolution of complaints, it is expected that parties and witnesses honor deadlines, absent extraordinary circumstances. You can take a support person with you to the hospital, if you want. The use of alcohol and/or drugs by either party will not diminish the accused student's responsibility. A form of revenge or reaction because of a filed complaint against a person.

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Examples of this are no contact orders, counseling, alternate living arrangements or class schedules, interim suspension from campus pending a resolution, etc. Emergency Resources and Law Enforcement. 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. What constitutes retaliation under Title IX? "Education program or activity" means a location, event, or circumstance over which the University exercised substantial control over both the Respondent and the context in which the conduct occurred, and includes any building owned or controlled by a student organization that is officially recognized by the University (e. g., a fraternity or sorority house). Additional assistance and information on support resources will be provided. Failure to comply with this policy can result in disciplinary action.

A statement informing the parties that they may request to inspect and review evidence. A concise summary of the alleged conduct at issue (including when and where it occurred, if known). Director of Report and Response: For questions or concerns, contact UNC-Chapel Hill's Director of Report and Response. You are not required to report to the police. VAWA also requires Universities to address sexual violence, interpersonal violence, and stalking. For employees the disciplinary actions can range from verbal or written warnings to the termination of employment. The Respondent is the individual alleged to have committed an act of sexual harassment in violation of the University's Title IX policies. 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. 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. All parties will be provided with a written notice disclosing the allegations, the requirements of the alternate resolution process, and any outcomes resulting from participating in the alternate resolution process. 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. If they are a student-party, they can request to be assigned a University Trained Support Person. All individuals are encouraged to report concerns about the failure of another to abide by any restrictions imposed by a supportive measure.

Censure indicates the University's desire to underscore the seriousness of the violation and the absence of mitigating circumstances, and to convey that seriousness in response to future authorized inquiries about the given individual's conduct. 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. Hostile Environment. Any challenge by Respondent shall be made in writing and directed to the Title IX Coordinator and must show cause why the Removal should not be implemented. Prior to participating in the alternate resolution process, parties will be notified with this policy, which indicates that any information gathered in the alternate resolution process may be used in the Title IX Sexual Harassment or University Sexual Misconduct formal grievance processes described in section IX of the alternate resolution process ends prior to a written agreement being signed by the parties. In such a circumstance, the University Sexual Misconduct/Title IX Coordinator will take into account the complainant's articulated concerns, the best interests of the University community, fair treatment of all individuals involved, and the University's obligations under Title IX. The role of the adviser is narrow in scope: the adviser may attend any interview or meeting connected with the grievance process that the party whom they are advising is invited to attend, but the adviser may not actively participate in interviews and may not serve as a proxy for the party. Stalking or obscene phone calls, texts, emails, or gestures. Who can the Complainant contact if they have experienced a Title IX offense?

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This sanction may be particularly appropriate in cases involving vandalism, disorderly conduct, and alcohol-related infractions. If you have questions, contact your Title IX and Equity Office to learn more. You can also file a report online through your University's Title IX and Equity Office website. The Title IX Coordinator will inform you of your rights and discuss the investigation process. Medical Services at University Health Services (UHS). 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. Faculty and staff may file an appeal in accordance with the Non-Discrimination/Harassment Policy and Complaint Procedures. To have a Support Person of the Party's choice accompany the party to all interviews and meetings (excluding hearings) throughout the Title IX Process. YWCA Silicon Valley. Robert Wood Johnson University Hospital. The adviser may attend the hearing and may conduct cross-examination of the other party and any witnesses at the hearing; otherwise, the adviser may not actively participate in the hearing. The Presiding Hearing Panelist has the discretion to exclude from the hearing evidence/witnesses/questions deemed irrelevant. Sex discrimination under the University's equity policy (CRR 600. The determination regarding dismissal becomes final either on the date that the parties are provided with the written determination of the result of an appeal, if an appeal is filed, or if an appeal is not filed, the date on which an appeal would no longer be considered timely.

For purposes of this policy, consent is defined as follows: - Consent and Incapacitation. 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. Official with Authority refers to administrators in the Office of Gender Equity and Title IX Administration, who have authority to institute corrective measures on behalf of the University. The complainant's predisposition or prior sexual behavior are not relevant and will not be used during the grievance process, unless offered to prove that someone other than the respondent committed the conduct alleged by the complainant, or if the questions and evidence concern specific incidents of the complainant's prior sexual behavior with respect to the respondent and are offered to prove consent. Coercive behavior differs from seductive behavior based on the type of pressure someone uses to get consent from another.

The parties and their advisers will be provided with each party's written responses to the case file, if any, as well as any additional information collected by the investigators, in electronic format or hard copy. In order to encourage reports of conduct that is prohibited under this policy, the University may offer leniency (up to and potentially including amnesty) with respect to other violations which may come to light as a result of such reports, depending on the circumstances involved. Each person engaged in the sexual activity must have met the legal age of consent.

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