Sexual Harassment/Misconduct Policy

Sexual harassment in any form is not permitted. "Sexual Harassment" is unwelcome conduct of a sexual nature, which can include unwelcome sexual advances, requests for sexual favors, or other verbal, nonverbal, or physical conduct of a sexual nature. It may vary in its severity and consists of a range of behaviors or attempted behaviors. Sexual misconduct/violence is one form of sexual harassment. Sexual misconduct/violence refers to physical sexual acts perpetrated against a person‘s will or where a person is incapable of giving effective consent. Because sexual misconduct often hinges upon effective consent, i.e., sexual permission, it is defined in considerable detail in terms below. Sexual violence could include, but is not limited to: non-consensual sexual contact; non-consensual sexual intercourse; forced sexual intercourse; sexual exploitation; sexual abuse; and relationship intimidation or violence. The creation of a hostile environment is another form of sexual harassment. Retaliation against someone who reports sexual harassment or participates in an investigation is strictly prohibited. Any breach of the sexual harassment policy is a violation of what we, as a Catholic and Marianist University, recognize as the dignity of each person, and it diminishes our fundamental commitment to living, learning, and working together as a just and inclusive community.

All forms of sexual harassment are discriminatory in nature and are prohibited by Title IX of the Educational Amendments Act of 1972 as well as prohibited by the University of Dayton Code of Conduct.  The University of Dayton is committed to educating all members of the community on sexual harassment and sexual misconduct. If you are interested in learning more about the educational efforts at the University of Dayton, please visit the Sexual Violence Prevention Education website.

Key Terms Used In The Policy

Coercion:

Coercion exists when a person engages in threats, sexual pressuring or oppressive behavior that violates the University community’s expectation of respect for the dignity of another person by causing another person to engage in unwanted sexual activity. Real or perceived power differentials between the individuals involved may create an atmosphere of coercion. (Coercion can be differentiated from seduction by a repetition of the coercive activity in the face of resistance, the degree of pressure applied, or the initiator’s knowledge that the pressure is unwanted.)

Effective Consent:

Effective consent is granted when a person freely, actively, and knowingly agrees at the time to participate in a particular sexual act with a particular person.  Effective Consent exists when mutually understandable words and/or actions demonstrate a willingness to participate in mutually-agreed-upon activity at every stage of that sexual activity. Effective consent has time boundaries.  Consent at one time does not imply consent at any other time.  The existence of a dating/romantic relationship between the persons involved or the fact of a previous sexual relationship does not automatically establish effective consent for future sexual activity.  Effective consent is informed, freely and actively given, and is based on rational and reasonable judgment.  It requires clear communication between all persons involved in the sexual encounter.   There is no consent when agreement is only inferred from a person’s silence or lack of resistance; there is threat of physical force, harm or intimidation, or there is coercion; or a person is a minor. There is also no consent when someone engaging in sexual behavior knew or should have known that the other person was incapacitated.  The perspective of a “reasonable person” will be the basis for determining whether one should have known about the impact of the use of alcohol, drugs, mental illness, etc. on another’s ability to give consent. 

Forced Sexual Intercourse

Any sexual penetration (anal, oral or vaginal), by any object or body part, by a man or woman upon a man or woman, that occurs as a result of physical force.

Hostile Environment: 

A hostile environment includes any situation in which there is harassing conduct that is sufficiently severe, pervasive, and objectively offensive, that it has the effect of unreasonably interfering with, denying, or limiting someone’s ability to participate in or benefit from the University’s educational program or activities.  Not all workplace or educational conduct that may be described as “harassment” affects the terms, conditions, or privileges of employment or education.  For example, a mere utterance of a gender-based epithet which creates offensive feelings in a student would not normally affect the terms and conditions of their educational environment.  Where the conduct is not severe, a pattern of conduct must be shown to establish a hostile environment.  Behaviors that may form such a pattern include but are not limited to unwelcome physical contact, unwanted sexual attention, sexually charged name calling and the use of language or the presentation of posters/banners and/or t-shirts that promotes the diminishing of a particular sex or gender.  Conduct that is not sufficiently severe or pervasive to create a hostile environment may still be actionable under other provisions of the Code of Conduct.

Incapacitation:

Incapacitation exists when a person is unaware, blacked out, unconscious, unable to make rational/reasonable decisions, and/or otherwise physically or mentally helpless to give effective consent.   Indicators of incapacitation include but are not limited to outrageous/unusual behavior, inability or diminished ability to accurately discern his/her environment (who, what, where, when and/or how), slurred speech, vomiting, severe intoxication, loss of voluntary motor skills, loss of involuntary motor skills, disjointed speech patterns (unable to follow a conversation or verbalize complete thoughts, and/or sleepiness that demonstrates an inability to control one’s ability to stay awake.

Intimidation:

Intimidation exists when one person uses his/her physical presence to threaten or menace another or when the knowledge of prior violent behavior is used to threaten or menace another.

Non-Consensual Sexual Contact

Any unwelcome intentional sexual touching.  This includes any contact with the breasts, buttocks, groin, genitals, mouth, or other bodily orifice of another, as well as the touching of another with any of these body parts, by a man or a woman upon any person, without effective consent.

Non-Consensual Sexual Intercourse

Any sexual penetration (anal, oral, or vaginal) however slight, with any object or body part, by a man or a woman, upon a man or a woman, without effective consent.

Retaliatory Harassment:

Intentional action taken by an accused individual or allied third party, absent legitimate non-discriminatory purposes, that harms an individual as reprisal for reporting sexual harassment or for participating in an investigation of sexual harassment.

Sexual Exploitation

Sexual exploitation occurs when a person takes sexual advantage of another for his or her own advantage or benefit, regardless of whether such behavior constitutes one of the other sexual misconduct offenses.  Examples include, but are not limited to:

  1. Non-consensual video or audio recording of sexual activity or nakedness (full or partial).  
  2. Stalking with a sexual component. Stalking may take many forms, including persistent calling, texting, or posting on a social networking site, as well as physical stalking.  When the content of the messages or the nature of the physical stalking is of a sexual nature, sexual misconduct has occurred.
  3. Voyeurism. This is a form of sexual exploitation in which one individual engages in secretive observation of another for personal sexual pleasure or engages in non-consensual video or audio recording of sexual acts or nakedness.  Although the person secretively viewed or recorded may be unaware of the observation, this behavior is a form of sexual misconduct and violates the integrity of the victimized student. 
  4. Disrobing or exposure of oneself or another person without his or her consent.

We Encourage You to Report Any Type Of Sexual Harassment/Misconduct Incident.

Get Help.

The most important thing a victim of sexual assault can do is tell someone whether that be the police, a friend, a rape crisis center, a counselor, a family member or a staff member.  Do not isolate yourself, don’t feel guilty, don’t blame yourself and don’t just ignore it.  Sexual assault, whether by a stranger or by someone you know, is a violation of your body and your trust.  The organizations and departments listed below can provide or arrange for immediate support and response including assistance with personal safety concerns.  

Reporting
If you or someone you know has been the victim of any form of sexual harassment, by any member of the University community you are encouraged to file a formal complaint or report by contacting Professor Lori Shaw, the University‘s Title IX Coordinator, or Dean Christine Schramm, Dean of Students and Deputy Title IX Coordinator during regular business hours (Monday through Friday 8:30 a.m. to 4:30 p.m.). You can also report by using the electronic form found here.  Title IX is a federal law that prohibits discrimination on the basis of gender, including sexual harassment. The Title IX Office is charged with investigating all complaints of violations of the Sexual Harassment Policy. The Title IX Investigatory procedures and protocols are described in detail on page 48 of the Student Handbook.
 

What to do if you have been sexually assaulted:

Go to a safe place.

Tell someone.  A list of contacts is located on page 41 Your reporting options include:

  • Report to a Campus Authority: Reporting the assault to an authority who will forward your report such that action is taken to investigate.  These community members include University Police (911 or 937-229-2121), Resident Assistants, Housing & Residence Life professional staff members, administrators in the Division of Student Development or off campus law enforcement.  Note: counseling and medical assistance will be offered to any student reporting an assault.
  • Seek Counseling: Choosing not to report the assault but seeking counseling through the University Counseling Center 937-229-3141 or with a doctor in the Health Center 937-229-3131.  Note: counseling and medical assistance will also be offered to any student who chooses to report an assault to a campus authority.
Seek medical attention.  Medical attention is critical so that injuries (including internal injuries) or infections which may have resulted from the assault can be treated.  It also helps preserve evidence.  People who receive medical exams are not required to press charges.  However, hospitals are required by state law to contact the police when a sexual assault is reported to them.  They, however, are not required to share the details of the incident.  Medical attention can be sought by contacting law enforcement or by going to a local hospital.  When choosing to seek medical attention from a hospital it is important to note the following ways you can work to preserve evidence.  These include:
  • Do not wash anything (including your hands, mouth and face.)
  • Do not wash or comb your hair.
  • Do not shower or clean yourself in anyway.
  • Do not change your clothes.
  • Bring an extra set of clothes with you to the hospital.

Seek assistance from the Dean of Students office in changing existing academic and living situations in order to feel safe on campus.  The University will offer these services when made aware of an assault. 

The University of Dayton encourages students to report sexual assaults to the Police or campus authorities so that the University can take appropriate measures to provide help and to prevent future assaults. There are three different levels of privacy:

  1. Strictly Private – These conversations are confidential and can be anonymous. Except in rare, extreme circumstances, nothing will be shared without your explicit permission.
  2. Mostly Private – These conversations are kept as confidential as possible, but employees must report certain basic information about incidents of possible harassment and discrimination to the Title IX/Section 504 Coordinator and Equity Compliance Officer and in some rare cases law enforcement.  Unless there is a threat to the safety of the alleged victim or the University community, this information will not typically include personally identifiable information, such as the alleged victim’s name.
  3. Somewhat Private – These conversations are kept as confidential as possible, but if the complaining party is seeking an investigation or other action, the information must be shared with relevant administrators, the accused (the “respondent”), and possibly others, such as witnesses. In planning any response, the wishes of the person making the complaint (as well as the alleged victim if he or she is not the complainant) are given full consideration.
  • If you do not want the University to take any action, but you want to confide in a campus resource who can keep your communication strictly confidential, try one of these resources:

Resource

I can get information and support here.

I can get care (physical, mental, or spiritual) here.

I can file a formal complaint here.

What is the privacy level of this resource?

Counseling Center 937-229-3141 (students)

Strictly

Health Center 937-229-3131(students)

Strictly

Campus Ministry 937-229-3339 (students and employees)

Strictly

Employee Assistance Program www.lifeworks.com  (employees)

Strictly

  • If you want to discuss a possible violation with a campus resource, but do not want to initiate an investigation or other action by the University, you may discuss it with most faculty members, most staff members, and most students.  While all employees are required to report possible incidents of discrimination or harassment to the University, they are usually not required to report personally identifiable information like your name unless there is cause to fear for your safety or the safety of others.  If you are not sure of an employee’s ability to keep matters private, ask before you talk to him or her.  And, remember, students can be employees, too, so they may have a duty to report.

Resource

I can get information and support here.

I can get care (physical, mental, or spiritual) here.

I can file a formal complaint here.

What is the privacy level of this resource?

Non-Supervisory Faculty and Staff

Mostly

  • If you do want the University to investigate or take some other action, you should file a formal complaint with one of these resources:

Resource

I can get information and support here.

I can get care (physical, mental, or spiritual) here.

I can file a formal complaint here.

What is the privacy level of this resource?

Title IX Coordinator or Deputy Coordinator

(Call 937-229-2749 or use Electronic Complaint form)

Somewhat

Department of Public Safety(Call 911 from on-campus phone or 937-229-2121 from an off-campus phone)

Somewhat

Responsible Employees[1]  

Somewhat

 
It is important to understand that some individuals on campus can hear or receive reports confidentially (for example psychologist’s in the counseling center, ordained clergy and the medical doctors in the health center), whereas others are obligated to take investigative action upon hearing or receiving a report (for example University Police, Housing and Residence Life staff, Student Development administrators.)


[1] Responsible Employees are employees falling into the following categories:  President’s Council Members; Vice Presidents and Assistant and Associate Vice Presidents; Administrative Department Heads with supervisory responsibilities; Housing and Residence Life staff, including Resident Assistants; Student Development staff with supervisory responsibilities; Human Resources staff; Deans, Associate Deans and Assistant Deans; Academic Department Chairs; and other administrators with supervisory responsibilities.

Contact Numbers for Assistance

Campus Authorities

University Police, 911 or 937-229-2121
Title IX Coordinator, 937-229-2749 or shaw@udayton.edu
Housing & Residence Life, 937-229-3317 (evening & late night contact can be made at any residence hall front desk)
Community Standards & Civility, 937-229-4627
Dean of Student’s Office, 937-229-1212


Campus Services

Counseling Center, 937-229-3141
Health Center, 937-229-3131
Women’s Center, 937-229-5390
Campus Ministry, 937-229-3339
Sexual Violence Prevention Education: 937-229-1217

Off Campus Assistance
Dayton Police, 937-333-2677, 335 West Third Street, Dayton, OH 45402.  Note that 911 calls are received at the University dispatch.
Montgomery County Victim Witness, 934-225-5623
Miami Valley Hospital, 937-208-8000, One Wyoming Street, Dayton, OH 45409
Kettering Hospital, 937-298-4331, 3535 Southern Blvd. Kettering, OH 45429
Artemis Center/YWCA hotline, 937-222-7233
Womanline of Dayton, 937-223-3446
Ohio Alliance to End Sexual Violence, 888-886-8388
National Domestic Violence Hotline, 800-799-7233

Important Information and Procedures

Title IX Investigatory Procedures and Protocols

Students who believe they have been subjected to discrimination or harassment in violation of the Sexual Harassment Policy should follow the procedure outlined here to report these concerns.

  1. Students who wish to report a concern or complaint relating to discrimination or harassment by a student may do so by reporting the concern to the University Title IX Coordinator, Professor Lori Shaw (phone:  937-229-2749; email: shaw@udayton.edu) or Deputy Coordinator, Dean Christine Schramm   (phone:  937-229-1212; email: cschramm1@udayton.edu).  
  2. The university strongly encourages anyone with a complaint involving sexual violence file a police report.
  3. With the exception of cases involving sexual violence, the use of informal dispute resolution measures can sometimes be a good first step.  When possible and safe, the problem or complaint may first be discussed with the individual involved in the complaint.  The university does not require a student to contact the person involved if doing so is impracticable, or if the student believes that the conduct cannot be effectively addressed through informal means.
  4. The University is required to at preliminarily investigate any allegation of sexual harassment that is reported to any University official with the exception of those receiving parties that are confidential resources.  (Licensed psychologists in the Counseling Center, medical doctors in the Health Center and ordained clergy working in their role as clergy.)
  5. As necessary, the University reserves the right to initiate a complaint, to serve as complainant, and to initiate conduct proceedings without a formal complaint by the victim of misconduct.  
  6. Notice of a formal complaint can be made in person or orally to an appropriate official, but the university strongly encourages submission of complaints in writing to Professor Shaw (shaw@udayton.edu) or Dean Schramm (cschramm1@udayton.edu.)
  7. The complaint, oral or written, should clearly and concisely describe the alleged incident(s), when and where it occurred, and the desired remedy sought.  All written complaints should contain the name and contact information of the complainant.  
  8. This process involves an immediate initial determination by the Title IX Coordinator as to whether the conduct in question falls under the Sexual Harassment Policy.
  9. If the conduct is found to fall under the sexual harassment policy the Title IX Coordinator will initiate a prompt, thorough and impartial investigation by trained Title IX investigators to determine whether probable cause exists to believe that the Sexual Harassment Policy may have been violated.  
  10. The University is required by law to undertake an investigation in a timely manner, which means that in most cases, the University will not wait until a criminal case, if any exists, is resolved before proceeding with the investigation.  In addition, if a University official has a reasonable belief that a crime has been committed, she or he may be obligated to report that to law enforcement if police have not already been notified.  In cases where a police investigation has been conducted or is being conducted, law enforcement may be able to provide some information to the Title IX investigatory team.  The University’s fact-finding investigation may be delayed for a short period of time upon a request from law enforcement, but it will promptly resume the investigation as soon as possible.
  11. Both the complainant and the respondent will be asked to be interviewed and provide a written statement.  A complainant or respondent may opt not to participate at all in the investigation or to provide a written statement in lieu of or in addition to any interview with the investigators.  However, it is important to note that any decision by a party not to participate or to limit participation limits the ability of the University to discover facts that may support his/her version of the key events. Students will NOT be permitted to submit information to the student conduct system outside of the investigation and any failure to participate will likely accelerate the timeline.
  12. Complainants and respondents may be accompanied by one support person during any meeting with investigators.  The support cannot be someone who may be called as a witness.  Note that in cases where the investigation leads to action in the student system lawyers/attorneys are not permitted to participate in any manner including that of a support person.  
  13. Both the complainant and the respondent will be asked to provide a list of possible witnesses as well as any written or physical evidence (e.g., texts, emails, photo’s, medical reports, etc.) that they wish to be considered by the investigatory team.  
  14. Both the complainant and the accused are permitted to submit impact statements and/or letter of reference/character to the Title IX investigatory team.  These documents will not be considered as a part of the investigation or as a part of the conduct systems determination of responsibility, however the team will review these documents for appropriateness and submit them for the University Hearing Board to review after they have voted on responsibility but before they discuss/determine consequences. The investigatory team will not include any document that speaks the character (or lack thereof) of the other party or any document that addresses the sexual history of the other party.    
  15. Barring extraordinary circumstances, only those witnesses who have participated in the Title IX investigation will be permitted to testify or otherwise provide evidence at any University Hearing Board proceeding.  The University reserves the right to determine what is considered an extraordinary circumstance.  
  16. Barring extraordinary circumstances, if written or physical evidence is not provided to the Title IX investigators, it may not be provided to the University Hearing Board.  The University reserves the right to determine what is considered an extraordinary circumstance.  
  17. At the conclusion of the Title IX investigation, the investigator team will recommend whether and what further action by the student conduct system, including a hearing before the University Hearing Board, is warranted.  
  18. This process is designed to provide a fair and reliable determination about whether the university Sexual Harassment Policy has been violated.  If so, the university will implement a prompt and effective remedy designed to end the discrimination, prevent its recurrence and address its effects.  
  19. In cases where the complainant does not want the University to move forward and the investigation does not reveal sufficient evidence to justify action in the student conduct system, both the complainant and the respondent (if known) will receive notice that the case is not progressing through the student conduct system, along with notice that the case may be re-opened should new evidence be revealed in the future.
  20. In situations where the case reveals multiple instances of sexual harassment through the investigation made from a complainant the University reserves the right to combine the cases into one in order to illustrate to the board a pattern of behavior
  21. The past sexual history or sexual character of a party will not be admissible by the other party in the investigation or hearing unless such information is determined to be highly relevant by the Title IX investigatory team assigned to the case.  All such information sought to be admitted will be presumed irrelevant, and any request to overcome this presumption by the parties must be submitted to the Title IX Coordinator for consideration. While previous or pending conduct cases involving the accused student are not generally admissible as information about the present alleged violation, the Director of Community Standards and Civility in consultation with the investigatory team may supply previous complaint information to the Hearing Board as a part of the case packet, if:
       a) The previous or pending incident(s) were substantially similar to the present allegation; and
       b) Is indicative of a pattern of behavior.  
  22. Reportable incidents of sexual harassment from student to student are not limited to instances that occur on campus or in the campus area.  Such behavior is prohibited regardless of where the offense occurs.
  23. Retaliation against the complainant or any other party involved in the case will not be tolerated.  There is to be no contact between the accused student and the complainant while the matter is being investigated or is progressing through the student conduct process.  The full definition of ‘No Contact’ can be found in the terms section on page 39.
  24. The University will take every report of sexual harassment seriously, offering complainants appropriate support and allowing them to maintain as much control as possible over their individual situations. At the same time, UD will ensure that those who are accused are offered support and are treated fairly in the University’s processes.  
  25. The use of alcohol or drugs blurs the distinction between sexual consent and coercion or manipulation.  
  26. Real or perceived power differentials between individuals may create an intentional or unintentional atmosphere of coercion or manipulation.  
  27. Those accused of sexual violence may also face criminal charges.  The University’s investigation will proceed regardless of criminal action.
  28. Individuals with complaints of this nature also always have the right to file a formal complaint with the United States Department Education:
    Office for Civil Rights (OCR)
    400 Maryland Avenue, SW
    Washington, DC 20202-1100
    Customer Service Hotline #: (800) 421-3481
    Facsimile: (202) 453-6012
    TDD#: (877) 521-2172
    Email: OCR@ed.gov

University Hearing Board Procedure for cases of Sexual Harassment

Note: numbering does not indicate sequential order but rather intended to allow for ease of reference.  Additionally, the University Hearing Board process and procedure differs for cases that do not involve sexual harassment.  For information on the process for other codes of conduct see page 25 of the Student Handbook.

  1. The University Hearing Board (UHB) facilitates Accountability Hearings for cases that involve accusations of sexual harassment. Cases that include allegations of sexual violence are required to be heard by the University Hearing Board but the board may hear other types of accusations at the discretion of the Associate Dean in consultation with the Title IX Coordinator.
  2. The University Hearing Board members are provided a copy of the Title IX investigatory report as well as any supplemental documents provided by the investigatory team as a part of the case.   For the purposes of sexual harassment conduct cases the investigatory report serves as the case packet.
  3. Neither the complainant nor the accused student is permitted to submit/present a Written Account, supplemental documents or witnesses to the University Hearing Board directly.  The UHB will only consider information and witnesses illustrated in the investigatory report (i.e. Case Packet).
  4. Both the accused and the complainant can request a redacted copy of the case packet during their initial meeting as a part of the student conduct process.  For the accused this meeting is called a ‘Behavioral Hearing’ and it follows the same procedures as those illustrated on page 28 of the Student Handbook.  For the complainant, this meeting is called a process review meeting.  Process review meetings follow the same procedure as a Behavioral Hearing but from the perspective of the complainant rather than as an accused student.
  5. The UHB consists of 3 to 5 trained community members and has a majority of student members in each hearing.
  6. Findings and consequences are voted on and approved by a majority vote.    
  7. Board members vote using a preponderance of the evidence standard to determine what more likely than not occurred.
  8. In addition to the 3 to 5 board members, each hearing is facilitated by a University Hearing Board chair.  The chair is responsible for administering the procedures of the hearing.  The chair of the hearing participates in the questioning portion of the hearing and maintains order throughout the process but does not vote on responsibility or consequences.
  9. Generally, the UHB will not have access to the student’s disciplinary history (or lack thereof) prior to or during the hearing unless the student chooses to verbally reveal the information during the hearing.  The Associate Dean, in consultation with the Title IX Coordinator can alter this practice as indicated in the Title IX investigatory procedures.  The University Hearing Board will be provided the student’s disciplinary history only after a student has been found responsible for a violation for the purposes of assigning consequences.
  10. The results of the University Hearing Board are not shared with the student until the business day following the hearing and are shared in person.  Both the complainant and the accused will be asked to schedule a results meeting for the day following the hearing.  
  11. The hearing will consist of a presentation of facts by members of the investigatory team, questions from the board to both the accused and the complainant, questions to any witness presented, and may include board members asking participants questions that have been submitted by one party to the other.  (see #12)
  12. During the course of the hearing the board will allow both parties to submit questions they would like to have asked of the other or to key witnesses. All questions submitted must be approved by the UHB in collaboration with the Title IX investigators present at the hearing.  The board determines the questions they will ask by considering the relevance of the content to their purpose, their need for the information in order to make a decision and the appropriateness of the question.  This approval process is closed to both parties.  Additionally, witnesses are not compelled to participate in the University Hearing Board process and can only be addressed if present.  The UHB is not required to provide rational for the acceptance or denial of any question.  The UHB will not approve any question that causes one to re-state content already presented.  In order to participate in this portion of the hearing the student must:
       a. Submit any questions that address content within the case packet within three days following the Behavioral Hearing or Process Review Meeting. 
       b. Be prepared to submit any questions that address information that occurred during the course of the hearing to the UHB following a 10-15 minute break. 
       c. Students have 3 days following their Behavioral Hearing or process review meeting to submit questions they would like to have the board ask of the other party or of key witnesses.
  13. Character witnesses are not permitted as a part of the hearing but letters of character may be submitted to the board for review upon deliberation of consequences.  Character letters will only be accepted when they address the character of the student submitting the letter.  Letters degrading the character of another will not be accepted and any content held within a letter that appears degrading to another will cause the entirety of the letter to be removed.
  14. Neither the accused nor the complainant is permitted to have direct dialogue with one another during the hearing.  All questions and comments are to be directed to a University Hearing Board member or to the chair of the hearing.
  15. No student is required to participate in (verbally respond) a hearing and can choose to attend or not attend.  However, in cases where the accused and/or the complainant do not attend the scheduled hearing the UHB will continue to review and deliberate the case, issue findings and consequences where appropriate in the student’s absence.  While participation is not required, it should be noted that choosing not to participate could affect the final outcome.  
  16. Hearings held by the University Hearing Board are recorded. This recording becomes part of the students’ disciplinary record and can be accessed for review.
  17. Alcohol and/or drug related allegations associated with cases of sexual harassment will not be pursued with either the accused or the complainant.
  18. The University reserves the right to proceed to a finding in all cases regardless of a student’s withdrawal from the University.
  19. The complainant and accused student will not have access to any part of the other’s previous disciplinary record should there be a record on file.
  20. Standard consequences for a violation of sexual harassment range from educational interventions to expulsion.  In cases that include sexual violence the likely consequence is suspension or expulsion if found responsible.
  21. Those accused of sexual violence may also face criminal charges.  The student conduct process will proceed regardless of criminal action.
  22. All rights afforded to the accused student in cases of sexual harassment are equally afforded to the complainant however when a choice of presence in the University Hearing Board room is made, the option to attend but not enter the physical room defaults to the complainant’s first choice.

Know Your Rights.

Rights of a Complainant 

Students filing a complaint of violation of the Sexual Harassment Policy have the following rights:

  • to investigation and appropriate resolution of all complaints of sexual harassment made in good faith to the appropriate University officials;
  • to have a hearing in cases that are forwarded to the student conduct process;
  • to receive written notification that the accused has been officially notified of the allegation of sexual harassment;  
  • to have a support person of their choosing (with the exception of a lawyer/attorney) accompany them to any meeting or hearing that takes place as a part of the student conduct system in association with their complaint of sexual harassment;  
  • to receive written notification of the final outcome of any case;
  • to  request (in compliance with procedure) the board to consider their submitted questions for other parties (investigators, accused, witnesses) at the hearing in all cases that go before the University Hearing Board;  
  • to request (in compliance with procedure) an appeal of the findings (not consequences) of any hearing before the University Hearing Board in accordance with the appeal process described in the Student Standards of Behavior; and
  • to submit a response to any appeal submitted by the accused;

Rights of an Accused Student 

Students responding to a complaint of possible violations of the Sexual Harassment Policy have the following rights:

  • to investigation and appropriate resolution of all complaints of sexual harassment made in good faith to the appropriate University officials;
  • to have a hearing in cases that are forwarded to the student conduct process;
  • to receive written notification if officially accused of a violation of the sexual harassment policy as a part of the student conduct system;    
  • to have a support person of their choosing (with the exception of a lawyer/attorney) accompany them to any meeting or hearing that takes place as a part of the student conduct system in association with an accusation of their violation of the sexual harassment policy;  
  • to receive written notification of the final outcome of any case;
  • to  request (in compliance with procedure) the board to consider their submitted questions for other parties (investigators, complainant, witnesses) at the hearing in all cases that go before the University Hearing Board;  
  • to request (in compliance with procedure) an appeal of the findings (not consequences) of any hearing before the University Hearing Board in accordance with the appeal process described in the Student Standards of Behavior; and
  • to submit a response to any appeal submitted by the complainant.