Sexual Assault, Domestic Violence, Dating Violence, and Stalking

The University of Findlay is committed to providing a safe learning and working environment. The University prohibits and will not tolerate dating violence, domestic violence, stalking or sexual assault as defined by this policy and federal law. Further, the University prohibits and will not tolerate any attempts by any person(s) or group to prevent the institution from investigating incidents of these actions or to “cover up” their occurrence.

The University is taking steps to prevent sexual assault, domestic violence, dating violence and stalking (SADVDVS), raise the awareness of SADVDVS and improve response to incidents and services for survivors.

All investigations into student-on-student harassment and SADVDVS will be investigated under the Title IX and Clery Act Policies established by the University. Investigations into situations involving employees and students will be conducted in cooperation with Human Resources. Investigations into situations involving only employees will be conducted by Human Resources.

Those individuals whom the University determines by a preponderance of the evidence to have engaged in these activities are subject to penalties up to and including dismissal from the institution, regardless of whether they are also facing criminal or civil charges in a court of law.

Definitions

Consent: A knowing, voluntary, and affirmatively communicated willingness to participate in a particular sexual activity or behavior. It must be given by a person with the ability and capacity to exercise free will and make a rational, reasonable judgment. Consent may be expressed either by words or actions, as long as those words or actions create a mutually understandable permission regarding the conditions of sexual activity.

It is the responsibility of the person who wants to engage in sexual activity to ensure that he/she has the consent of the other to engage in the activity.

Additional considerations include:

Lack of protest or resistance is not consent. Nor may silence, in and of itself, be interpreted as consent. For that reason, solely relying on non-verbal communication can lead to misunderstanding.
Previous relationships, including past sexual relationships, do not imply consent to future sexual acts.
Consent to one form of sexual activity cannot automatically imply consent to other forms of sexual activity.
To give consent, one must be of legal age.
Consent must be present throughout sexual activity and may be withdrawn at any time. If there is confusion as to whether there is consent or whether prior consent has been withdrawn, it is essential that the participants stop the activity until the confusion is resolved.
Consent cannot be obtained by the use of physical force, threats, intimidating behavior or coercion. Coercion is unreasonable pressure for sexual activity. Coercive behavior differs from seductive behavior based on the type of pressure used. When someone makes clear that he/she does not want sex or wants to stop, that he/she does not want to do certain things or that he/she does not want to go beyond a certain point, continued pressure can be coercive.
If you have sexual activity with someone you know, or should know, is incapacitated, you are in violation of this policy. The relevant standard is whether a sober, reasonable person in the same position should have known that the other party was incapacitated and therefore unable to consent. Incapacitated, for the purposes of this policy, means that the person’s decision-making ability is impaired. Incapacitation may result from:
- Sleep or unconsciousness
- Temporary or permanent mental or physical disability
- Involuntary physical restraint
- The influence of alcohol, drugs or medication, including Rohypnol, Ketamine, GHB, and other substances used to facilitate “date-rape” or “sexual misconduct”.

Dating Violence: Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship shall be determined by the victim with consideration of the length and type of relationship, and the frequency of interaction between the involved persons. Dating violence includes sexual or physical abuse or the threat of such abuse.

Domestic Violence: A pattern of abusive behaviors that are used to gain or maintain power and control over an intimate partner. These relationships can include:

A current or former spouse or intimate partner of the victim;
A person with whom the victim shares a child in common;
A person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner;
A person similarly situated to a spouse of the victim under the domestic or family violence laws of the State of Ohio;
By any other person against an adult or youth victim who is protected from that person’s acts under the family violence laws of the State of Ohio.

Hate Crime: A crime reported to local police agencies or to a campus police/security authority that manifests evidence that the victim was intentionally selected because of the perpetrator’s bias against the victim. The categories of bias include the victim’s actual or perceived race, religion, gender, gender identity, sexual orientation, ethnicity, national origin, and disability.

Stalking: Engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for his or her safety or the safety of others, or suffer substantial emotional distress. This course of conduct is defined as two or more acts, including, but not limited to, 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, a person, or interferes with a person’s property.

Sexual Assault: Any sexual act directed against another person without the consent of the victim, including instances where the victim is incapable of giving consent.

Prevention Programs

To address the issue of sexual assaults, domestic violence, dating violence and stalking, The University of Findlay requires all students, faculty, and staff to participate in an annual on-line training program. This primary prevention training program offers practical guidance for risk reduction, violence prevention, and bystander intervention. University policies, Title IX, the Clery Act and the Campus Save Act are also discussed.

Residence life programing is conducted by Residence Life Staff to raise awareness of these issues and increase the knowledge of students on services available, how to report an incident and bystander intervention.

Campus Police and Campus Security patrol campus on foot and by vehicle providing a presence on campus to prevent crime. Additionally, the Campus Safety and Emergency Management Office provides safety escorts 24 hours per day, seven days per week. This service provides students, faculty, and staff with walking or motor vehicle escort between locations on campus should they request the service.

Counseling Services uses passive campaigns such as Toilet Talks to raise awareness and improve prevention strategies utilized by the campus community. The University has an active organization title Oilers Changing Campus Culture (OC3). This group organizes a variety of awareness and prevention programs that occur throughout the academic year.

The University of Findlay has partnered with Open Arms Domestic Violence and Rape Crisis Services to staff an advocate position on campus 10 hours per week. This position assists with victim advocacy, incident investigations and outreach to the campus community to provide awareness and prevention programs. The Campus Safety and Emergency Management Office performs outreach to student groups regularly throughout the academic year on a variety of topics including SADVDVS prevention and awareness.

Reporting

The University of Findlay encourages any member of the campus community who has witnessed or experienced dating violence, domestic violence, sexual assault or stalking or who knows of a member of the campus community who has experienced any of these incidents to report the incident to the University.

The University will provide disciplinary amnesty to students who report an incident (as a victim or third party witness) or participate in good faith as a witness during an investigation. Amnesty will also be provided to those individuals a witness may identify who may have information relevant to the investigation but did not cause/participate in the violations covered by this policy. Amnesty will not be provided to those individuals whose actions/violations caused harm to another person or participated or facilitated in any way, violations covered by this policy.

Incidents can be reported by:

Students can report incidents in confidence to the Cosiano Health Center at 419-434-4550 or in person at the Health Center at 120 West Foulke Ave.
Students can report incidents in confidence to the Counseling Services Office by contacting a Counselor at 419-434-4526.
Students can report in confidence to Campus Ministry by contacting a Campus Minister at 419-434-4605 or in person in room 220C at The College First Church of God.
Contacting the Campus Security/Police Office at 419-434-4799 or by visiting the office in person on the first floor of Lovett Hall.
Anonymous reporting can be made via the Silent Victim/Witness Report link on the Campus Safety webpage by clicking here.
Contacting the Title IX Investigator at 419-434-5599 or in person in the office in the basement of Old Main Room 24.
Contacting the Title IX Coordinator at 419-434-4555 or in person in the Student Affairs office on the first floor of Old Main.
Students can also report incidents at The Office of Student Affairs at 419-434-4570 or in person in the office on the first floor of Old Main.
Student Athletes can also report to the Associate Athletic Director for Student Welfare at 419-434-4651 or in person in the office at 211 Koehler Fitness and Recreation Complex.
Employees may also report to the Office of Human Resources at 419-434-6964 or in person at the office on the 2nd Floor, Croy Physical Education Center.

Victims are not required to notify law enforcement. However, reporting to any office other than Counseling Services, the Health Center, or Campus Ministry will initiate an internal investigation by the University to determine any appropriate action that should be taken as a result of the report.

Only the Offices of Counseling Services, Health Services and Campus Ministry can offer victims total confidentiality. These Offices will provide any and all necessary support to victims without the requirement to report to other University Offices or law enforcement.

Victims who report to any of the above listed offices will be provided with information about support services and resources available on and off campus and will receive assistance in notifying law enforcement if the victim chooses to do so. Reporting an incident to one of the above offices does not commit the victim to further legal action. However, the earlier an incident is reported, the easier it will be for police to investigate, if the victim decides to proceed with criminal charges.

Retaliation

The University will not in any way retaliate or permit retaliation against any individual who makes a good faith report of sexual assault, domestic violence, dating violence, or stalking; or who assists or cooperates in any investigation into such crimes. Retaliation is a serious violation of this policy and should be reported immediately.

Any person found to have violated this policy will be subject to disciplinary action up to and including dismissal from the University and/or termination of employment.

Procedures Victims Should Follow

If an incident of sexual assault, domestic violence, dating violence or stalking occurs, it is important to preserve evidence so that the University can successfully conduct an internal investigation and the potential for criminal prosecution remains an option for the survivor.

SEXUAL ASSAULT

This guidance is intended as a general guide for victims and family members or friends of a person who has been sexually assaulted. Specific direction about the victim’s situation should be sought from a person who is experienced in the care and management of victims, such as an emergency department doctor, nurse, sexual assault nurse examiner, or counselor.

After Sexual Assault

Find a safe environment away from the assailant.
Call a close friend or relative – someone who will offer unconditional support.
Seek medical care.
- Do not change clothes, bathe, douche, or brush your teeth until evidence is collected. New undergarments and sweat suits are available to victims at on-campus and off-campus service providers.
- A complete medical evaluation includes evidence collection, a physical examination, treatment and/or counseling. Survivors may opt out of any part of this evaluation at their own discretion.
- Follow up with a healthcare provider one to two weeks following the assault.
- Seek counseling services.

Seek Medical Care – It is important to seek emergency medical care as soon as possible to begin coping with the complex emotional issues experienced by survivors of sexual assault. Medical care can be provided at the Cosiano Health Center on-campus day or night or at the Blanchard Valley Hospital Emergency Center. Evidence collection may occur up to 96 hours from the assault and occurs only with the consent of the victim.

A sexual assault nurse examiner (SANE) is a specially trained professional who will provide needed care, document the details of the assault, and collect evidence. The nurse can provide treatment for sexually transmitted infections and pregnancy prevention if needed. The victim can have a friend, family member, or crisis counselor present during the physical examination.

In addition, the nurse is available to testify in court. UF nursing staff have been trained as SANEs and will be available on call 24/7 for students and employees.

Follow-Up Care – It is highly recommended that victims have a follow-up visit with a healthcare provider within two weeks of the assault. At this visit, victims will receive follow-up testing, receive treatment if needed, and discuss the recovery process and how the survivor is recovering. Additional visits, if necessary, may be recommended by the healthcare provider.

Seek Counseling Services – Victims of sexual assault often need extensive emotional support. Symptoms of anger, fear, anxiety, physical pain, sleep disturbance, lack of appetite, shame, guilt, depression, and intrusive thoughts can develop in the days and weeks following the assault. Many victims are reluctant to seek help because of the fear that thinking or talking about the assault will be too painful. However, most victims find counseling helpful in the recovery process.

In the weeks following an assault, some victims develop physical and emotional symptoms, such as pain in the muscles, joints, pelvis and/or abdomen, lack of appetite, difficulty sleeping, or nightmares. Some victims find it very difficult to resume their habits and lifestyles. This collection of symptoms is called rape trauma syndrome and can last several months. Counselors found on-campus at the Counseling Center, advocates at Open Arms in Findlay and other service providers listed in this policy can provide assistance and/or treatment in dealing with this syndrome and any other symptoms resulting from the assault.

Reporting Sexual Assault to Police and/or Campus Police/Campus Security – The University encourages victims of sexual assault to report the incident(s) to Campus Police, Campus Security and local law enforcement. However, victims are not required to report to either agency to receive services from the providers outlined in this policy.

Domestic Violence/Dating Violence

For the purposes of this policy, dating violence and domestic violence will be referred to as violence. Violence impacts individuals of all ethnicities, races, ages, educational levels, religions, and sexual orientations. Women are overwhelmingly the victims of abuse (with 85-90% of victims of violence being women abused by male partners), but men can also be victims of abuse by male or female partners and domestic violence/dating violence also occurs in same-sex relationships.

A partner’s decision to use abusive and/or violent tactics in a relationship is often hard to identify and notice at first. Abusive individuals are known to be extremely manipulative and in many cases are kind, attentive, and charming when a relationship begins. Often abusive behaviors, such as possessiveness (disguised as lots of attention) and jealously (portrayed as a caring concern for their partner), appear to be flattering in the early stages of a new relationship. In many cases, abuse becomes worse once the victim has developed emotional, economic, or social ties to the abuser that make leaving the relationship more difficult.

Each individual’s experience with violence is unique, so there is no “one way” an abusive relationship should look. But many of the tactics that abusive people use are similar, due to the fact that they are very effective tools to control and dominate others. Likewise, there is no “one way” to stop the violence and remove an individual from an abusive/violent relationship. Following are some general guidelines individuals in an abusive/violent relationship can follow:

Find a safe environment away from the abusive/violent individual.
Call a close friend or relative – someone who will offer unconditional support.
Seek medical care if you are injured.
Contact a service provider such as Open Arms, UF Counseling Services, Century Health, Campus Police/Security, or Findlay Police.
Follow up with a healthcare provider as needed.
Seek counseling services.

The University of Findlay strongly encourages anyone who is involved in an abusive/violent relationship to report the violent behavior to local police or seek assistance from on-campus resources. Human Resources, Campus Safety and Emergency Management, Counseling Services and the Health Center are all offices that can provide assistance. Local agencies such as Open Arms are also available to provide advocacy and assistance.

STALKING

The following guidelines will help increase the safety of individuals who are being stalked. The primary objective of any action taken against a stalker is to prevent contact and access to any personal information. Each case of stalking is unique and there is no “one way” to address stalkers or ensure complete safety. However, these guidelines will start an individual along the path of reclaiming control over the situation.

Refrain from all contact and communication with the person stalking you.
Keep text messages, emails, Facebook posts, voice mail and any other evidence of attempted contact made by the stalker.
Report the stalking to Campus Police, Campus Security, and/or Findlay Police.
Obtain a Civil Protection Order from the Common Pleas Court and/or a No-Contact Order from the University.
Tell close friends and relatives about the situation and provide a description of the stalker as well as the methods used to follow/contact you.
Contact Student Affairs to request a room change if you live in on-campus housing.
Do not accept any packages you did not expressly order.
If at all possible, try not to travel alone. Campus Security and Campus Police can provide escorts to and from locations on campus.

Suggestions for Your Phone and Social Media

Remove any personally identifying information from all social media networks.
Turn off location services on your phone, so that posts do not include your location.
Talk to your service provider to request a new, unlisted cell phone number.
Change/Re-record your voicemail message so that it no longer includes your name or your voice.
Block calls and texts from your stalker.
Select the highest security settings on any social networking sites. If possible, block the stalker’s profile on sites like Facebook and Twitter, and make your profile private.
Be wary of giving out personal information when making online purchases.

The University of Findlay strongly encourages individuals who are being stalked to report the behavior to Campus Police/Security and Findlay Police. Stalking behavior can escalate into more dangerous behavior. The University and Findlay Police can take actions to prevent the behavior from escalating and take steps to increase your safety.

Bystander Intervention

Oftentimes, sexual assault, domestic violence, dating violence, and stalking are witnessed. These bystanders may not always recognize what they are witnessing, assume a situation isn’t a problem, or feel it is none of their business. They may assume that someone else will do something, or believe that other people weren’t bothered by the situation. In some cases, a person might feel their personal safety is at risk.

When people do intervene in a situation, they often say that it was the right thing to do, and that they would want someone to intervene if the roles were reversed. Members of The University of Findlay campus community may have an opportunity to take action to prevent or intervene in an incident. Following are some guidelines for bystander intervention:

Be aware of your surroundings and able to recognize activities that are suspicious. Understand that you need to help.
Create possible solutions. Through knowledge and training, you can better evaluate alternative courses of action.
Take your time and think through your response so that you do not escalate the situation. Is the situation an emergency requiring direct intervention, or can you discuss at a later time? Take a deep breath and stay calm. Enlist help if you can by publicly stating your intention to help. More often than not, people are as worried about the situation as you are, but aren’t willing to be the first to speak up
Intervene in the situation as soon as it is safe to do so. At the very least, speak up. A conversation will help determine if an ambiguous situation requires help.
Keep an open dialogue and remember that the key to this is to remember your audience, the timing, location, and tone and why you are having the conversation. Try to understand other points of view.
Help negotiate a solution. Tell your friend what behavior is or is not acceptable, and know the appropriate next step if you feel the discussion failed to yield a desirable outcome.

Resources

The University of Findlay, City of Findlay and Hancock County, offer important resources that victims of sexual assault, domestic violence, dating violence and stalking may wish to utilize. The University of Findlay will provide written notification of these resources to victims of abuse and violence. Resources such as medical treatment, counseling, advocacy and law enforcement are all available to victims of these incidents.

A victim need not formally report an incident of sexual assault, domestic violence, dating violence or stalking to law enforcement or campus police/security to access the following resources.

The University of Findlay Offices:

Counseling Services, 307 Frazer Street, (419)-434-4526

Professional, confidential counseling, advocacy, guidance, and assistance in understanding options, rights, and outcomes.

Cosiano Health Center, 120 West Foulke, 419-434-4550

Sexual Assault Examinations, medical treatment, specialist referrals, advocacy, guidance, and assistance in understanding options, rights, and outcomes.

Campus Police and Campus Security, 201 Frazer Street, 419-434-4799

Campus Police/Security, assistance in notifying law enforcement, guidance, and assistance in understanding options, rights, and outcomes.

Title IX Coordinator, Student Affairs, Old Main first floor, 419-434-4555

Investigation of claims, assistance in making changes to academic, working, transportation, or living situation, advocacy, assistance in notifying law enforcement, guidance, and assistance in understanding options, rights, and outcomes.

Title IX Investigator, Old Main 24, 419-434-5599

Investigation of claims, assistance in making changes to academic, working, transportation or living situation, advocacy, assistance in notifying law enforcement, guidance, and assistance in understanding options, rights, and outcomes.

Student Affairs, Old Main First Floor, 419-434-4570

Guidance, advocacy, and assistance in understanding options, rights, and outcomes. Assistance in making changes to academic, working, transportation, or living situation, investigation of claims, and assistance in notifying law enforcement.

Human Resources, Croy Gymnasium 2^nd Floor, 419-434-6964

Guidance, advocacy, and assistance in understanding options, rights, and outcomes. Assistance in making changes to academic, working, transportation, or living situation, investigation of claims and assistance in notifying law enforcement.

International Admissions, 1214 North Cory Street, 419-434-4558

Visa and immigration assistance. Translators, assistance in contacting available resources.

Financial Aid, Old Main First Floor Room 116, 419-434-4791, 419-434-4792

Financial aid information and assistance.

Off-Campus Resources:

Open Arms Domestic Violence and Rape Crisis Services, 401 W. Sandusky Street, Findlay, Ohio 419-422-4766 www.openarmsfindlay.org

Emergency shelter, rape crisis, outreach, advocacy, and support. Assistance in contacting other resources including medical care, legal services, support groups, and counseling.

Domestic Relations Court, Common Pleas Courthouse, 419-424-7818

Civil Protection Orders, Stalking Orders and Sexually Oriented Offense Orders.

City of Findlay Police Department, Findlay Municipal Building, 419-424-7150

Security, investigation, police reports, protection orders.

Hancock County Sheriff, 200 West Crawford Street, Findlay, Ohio 419-424-7097

Security, investigation, police reports.

Blanchard Valley Hospital Emergency Room, 1900 South Main Street, Findlay, Ohio 419-423-5207

City of Findlay Health Department, Municipal Building, 419-424-7105

Hancock County Health Department, 209 West Main Cross Street, Findlay, Ohio 419-424-7869

National Domestic Violence Hotline, 1-800-799-7233

National Sexual Assault Hotline, 1-800-656-4673

Ohio Domestic Violence Network, 1-800-934-9840, www.odvn.org

Ohio Legal Services, http://www.ohiolegalservices.org/public/domestic-violence/ohio_domestic_violence_resource_center/.

Ohio Alliance to End Sexual Violence, www.oaesv.org, 1-888-886-8388

Rape Abuse and Incest National Network, 1-800-656-4613, www.rainn.org

Written Notification of Rights and Options

Any student or employee who reports an incident of sexual assault, domestic violence, dating violence, or stalking, whether the incident occurred on or off campus, shall receive a written explanation of their rights and options as provided for under this policy.

Exercise of these rights is at the discretion of the victim and include the rights to:

Go to Domestic Relations Court and file for a Civil Protection Order, Stalking Order, or Sexually Oriented Offense Order to restrain your attacker from abusing you, and/or an order directing your attacker to leave your household, building, school, college or workplace;
Seek criminal complaint for threats, assault and battery, or other related offenses;
Seek medical treatment (either at the hospital or Cosiano Health Center);
Notify local law enforcement and/or Campus Police or Campus Security or decline such notification. The University will assist the victim in notifying law enforcement and/or Campus Police/Security if the victim so chooses.
Request the police to remain at the scene until your safety is otherwise ensured;
Request that a police officer assist you by arranging transportation or by taking you to a safe place, such as a shelter or a family or friend’s residence; and
Obtain a copy of the police incident report at no cost from the police department.

The University of Findlay will work with the victim to make any reasonably available change to the victim’s academic, living, transportation, and working situation regardless of whether a report is filed with local law enforcement or campus police.

When a reported incident of abuse or violence involves more than one member of the University community, the Vice President of Student Affairs, Title IX Investigator, Assistant Dean of Students, Chief of Police or other authorized individual may issue a No Contact Order, prohibiting the individuals from contacting one another, either on or off campus.

Orders of protection issued by the court are fully upheld and enforced on all University-owned, and –controlled property. If any student, faculty, or staff member obtains an order of protection or restraining order, he/she must promptly inform the Campus Safety Office and provide the office with a copy of the order. Should the University determine that a person’s presence on campus poses a danger to one or more members of the campus community an institutional No Contact Order or No Trespass Order will be issued barring that individual from campus.

Victim Confidentiality

The University of Findlay recognizes that sexual assault, domestic violence, dating violence, and stalking are sensitive subjects for all parties involved. The University is committed to maintaining the privacy of the parties involved to the fullest extent possible under applicable law. There may be instances when the institution determines it needs to investigate and take reasonable action even when the complainant requests anonymity or that no action be taken. Thus, absolute confidentiality cannot be guaranteed.

In such cases, the University will take all reasonable steps to investigate and respond to the complaint consistent with the complainant’s requests, and when it cannot do so, will keep the complainant informed, as deemed appropriate. In all cases, the University will take care to protect the identities of the parties by discussing the allegations only with those who have a legitimate administrative or legal reason to know.

Accommodations or protective measures provided to the victim will be kept confidential to the extent that maintaining confidentiality will not impair the ability of the University to provide such assistance.

Public records of sexual assault, domestic violence, dating violence, and stalking will be kept without disclosing the victim’s identity unless precluded by federal or state law.

If a report discloses an immediate threat to the campus community, the University may issue a Timely Warning of the conduct in the interest of the safety and well-being of the campus community. This warning will not contain any personally identifying information related to a victim.

The University will not disclose information about sexual assault, domestic violence, dating violence, or stalking to third parties except as may be required or permitted by federal or state law.

Investigation and Decision Process

The University of Findlay has a responsibility to respond promptly and effectively to reports of sexual assault, domestic violence, dating violence, and stalking. When a report that one of these crimes has occurred, the University will make every effort to ensure the safety and well-being of the victim(s) and ensure they understand their rights and options.

The University will assist any victim who requests assistance in notifying law enforcement to take criminal action against the accused. Additionally, the University will conduct a prompt, impartial, and thorough investigation and take intermediate and final steps to resolve the situation.

Investigations will be carried out by personnel who receive annual training on issues related to domestic violence, dating violence, sexual assault, and stalking. Additionally, the University personnel involved in investigations will not have a conflict of interest or bias for or against the victim or accused.

The University will take all reasonable actions to maintain the confidentiality of all parties during the investigation. However, if a victim insists their name not be disclosed to the accused, the institution’s ability to respond may be limited.

At the beginning of any investigation the University will take any and all reasonable initial remedies for victims to protect them from future abuse, violence or retaliation during the investigation. These measures may include schedule changes, housing changes, transportation assistance, and any other reasonable measure it is within the power of the University to take.

The Office of Civil Rights has established a 30 to 60 day time frame from notice to resolution for these cases. All UF investigations will abide by this timeframe. However, the University may delay an institutional investigation for several days to allow for the collection of evidence by law enforcement officers or other extreme circumstances and resume the investigation upon conclusion of those efforts. Should extreme circumstances result in a delay beyond this point, the delay will be documented and UF will continue to engage in all efforts to provide remedial support and assistance to the victim and community during the delay.

Investigations will continue regardless of civil or criminal action in the courts. The University will not delay internal investigations regardless of law enforcement investigations or court actions.

All investigations will be conducted in a fair and impartial manner. Investigations and disciplinary decisions will be conducted by applying a preponderance of the evidence standard. This means that investigators will use their best judgment to determine whether, more likely than not, a crime has been committed.

Both the victim and the accused parties are entitled to the opportunity to be accompanied to interviews or other related meetings by an advisor of their choice. These advisors may not participate in the meetings or interviews but are available to provide support to the individual.

Both the victim and the accused parties are entitled to timely and equal access to any information that will be used by University officials during informal and formal investigation and disciplinary meetings. All information provided to the victim and accused related to the investigation is classified as Confidential by the University. This means any Confidential Information provided to either party during the case is for their use and information only and may not be shared with anyone else. Disciplinary action, up to and including dismissal from the University, will be taken against any person who shares information classified as Confidential to a third party.

Investigations will be conducted by an investigative team comprised of trained University personnel. These teams will be led by the Title IX Investigator, the Title IX Coordinator, or their designee. The investigative team will:

Conduct interviews of the victim, the accused, and relevant witnesses or other individuals who may have information pertinent to the investigation (as determined by the investigative team).
- Victims and accused individuals will be offered the opportunity during their interviews to present evidence and identify witnesses to support their case.
Implement interim mitigation measures to prevent contact and continued harassment/sexual violence during the investigation.
Review student records, Campus Police/Security records, and any other relevant documentation, evidence, or material as appropriate.
Meet regularly as a team to review all evidence and statements collected throughout the investigation and once all evidence has been gathered to determine the outcome of the case.
Generate a written Statement of Evidence that explains the evidence the investigative team believes to be true based on a preponderance of the evidence standard.
Provide the victim(s) and accused individual(s) 24 hours to review the Statement of Evidence. Upon completion of their review, they may schedule a final interview (within 3 days) with the investigative team to rebut any information found in the Statement of Evidence.
Review any new evidence provided by either party and render a final decision on the case. This final decision will also include any disciplinary action taken by the University against either party in the case.
Notify both parties simultaneously, in writing, of the outcome of the case.

In cases where an employee is involved, the Title IX Investigator and/or Title IX Coordinator will work in cooperation with Human Resources to conduct the investigation. These cases will be conducted in the same manner as that prescribed for “student on student” cases.

Student disciplinary actions, while applied fairly and impartially, will be decided on a case-by-case basis and can include violator training, mandatory counseling, community/campus service, revocation of financial aid, housing reassignment, academic schedule changes, no contact orders, no trespass orders, suspension, and/or dismissal from the institution.

Employee disciplinary actions, while applied fairly and impartially, will be decided on a case-by-case basis and can include violator training, community/campus service, mandatory counseling, job/duty reassignment, no contact order, no trespass order, suspension and/or termination of employment.

Appeal Process

All decisions rendered by the investigative team regarding violations of this and other University policies, rules, or regulations are final when rendered.

Only final decisions of suspension or dismissal rendered by the investigative team can be appealed. The suspended or dismissed individual must write an Appeal Letter stating their reasoning for the appeal to be considered and the pertinent facts of the case the individual believes should be considered. Appeal letters must be submitted to the Title IX Investigator no later than 72 hours following receipt of the Decision Letter.

Upon receipt of the Appeal Letter the Title IX Investigator will submit the letter, along with all evidence gathered during the investigation, to the Vice President for Student Affairs for adjudication. Both the Victim and Accused will be notified of the appeal decision made by the V.P. for Student Affairs simultaneously in writing. Appeal decisions rendered by the V.P. for Student Affairs are final, and are not subject to review by or appeal to any higher authority.

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