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Send an email to with as much as the following information as was reported to you (noting you should not investigate): - Name of the person who may have experienced Title IX Prohibited Conduct (Complainant). Dating violence does not include acts covered under the definition of domestic violence. Engaging in sexual activity with an individual who is incapacitated (and therefore unable to consent), where an individual knows or ought reasonably to have understood that the individual is incapacitated, constitutes Title IX Sexual Harassment as defined by this policy. Disciplinary Probation. In accordance with federal regulations, the University will keep confidential the identity of any individual who has made a report or formal complaint under this policy, including any complainant, any individual who has been reported to be the perpetrator, any respondent, and any witness, except as may be permitted by Family Educational Rights and Privacy Act (FERPA), or as required by law, or to carry out the purposes of conducting any investigation or hearing under this policy. If the allegations forming the basis of the formal complaint would not, if substantiated, constitute prohibited conduct as defined in this policy, the University Sexual Misconduct/Title IX Coordinator shall dismiss the formal complaint from the Title IX grievance process (and either party may appeal this dismissal, as discussed below). If your question was not answered or if you would like to see additional questions added please contact the SHARE Title IX Office at or (650) 497-4955. If an administrative resolution is reached, it will be documented and signed by both parties and the matter will be deemed resolved. While not bound by confidentiality, these individuals will be discreet and will respect the privacy of those involved in the process. What is sex discrimination?
For employees the disciplinary actions can range from verbal or written warnings to the termination of employment. A second policy, the College Sexual Misconduct policy, addresses sexual misconduct that does not fall within the scope of the U. These investigations are very different. The Presiding Hearing Panelist has the discretion to exclude from the hearing evidence/witnesses/questions deemed irrelevant. Complainants and other reporting individuals are encouraged to report any violation of this policy as soon as possible in order to maximize the University's ability to respond promptly and effectively. The complainant and the respondent may ask a support person of their choice to accompany him/her during the investigation process. While parties are not restricted from submitting expert reports or presenting information attesting to the parties' character, such evidence generally is not considered relevant. This policy differs from New Jersey criminal law. All individuals are encouraged to report concerns about the failure of another to abide by any restrictions imposed by a supportive measure. A finding that the alleged behavior does not constitute a violation of this policy or that there is insufficient evidence to establish that the alleged conduct occurred as reported does not mean that the report was made in bad faith. A Stanford student may contact the Confidential Support Team and/or the SHARE Title IX Office. A formal complaint may be filed with the University Sexual Misconduct/Title IX Coordinator in person, by mail, or by electronic mail, by using the contact information provided in this policy, and by any additional method identified in this policy. Title IX: - Prohibits –> Prohibits discrimination based on sex in education programs or activities that receive Federal financial assistance (e. g., athletics, courses), such as at UNC-Chapel Hill. The University may provide supportive measures to the complainant or respondent, as appropriate, as reasonably available, and will do so without fee or charge, regardless of whether the complainant seeks formal disciplinary action.
See Appendix B for additional information regarding the alternate resolution process. Intimate relationships can occur between individuals of the same gender or different genders and may include (but are not limited to) marriages, civil unions, dating relationships, "hook-up" relationships, relationships in which partners are characterized as "girlfriends" or "boyfriends, " and relationships between individuals with a child in common. Examples of cyber-stalking include, but are not limited to, unwelcomed or unsolicited emails, instant messages, and messages posted on on-line bulletin boards. Only in rare circumstances will the University proceed to a Title IX investigation against the wishes of the Complainant. Limitation on extracurricular or athletic activities. Heels United for a Safe Carolina – awareness campaign.
Factors that influence the timing of the investigation include the complexity and severity of the conduct, the number and availability of witnesses, and the identification and acquisition of any physical or other evidence. Confidentiality Rights of Complainants and Respondents. Further, an individual who fails to report as required under this policy may be determined to be ineligible for defense or protection under Section 490. When appropriate to the infraction, particularly in instances involving antisocial behavior having a serious impact on the residential community, removal from University housing or relocation within University housing may be added to any of the other sanctions listed above, except warning and reprimand. If an incident occurs off campus, will the University have jurisdiction under the University Title IX policies? In the case of a first-year undergraduate or sophomore, removal from housing is not an option as all underclass students must reside in a residential college. Unwelcomed verbal, visual, or physical sexual conduct. Fax: (816) 268-0559. In addition, non-identifying information about violations of the University's Title IX Sexual Harassment Policy may be submitted to the Department of Public Safety for purposes of the anonymous statistical reporting under the Clery Act. Education Programs and Campaigns –> Requires education programs, prevention programs, and awareness campaigns on sexual violence, domestic violence, dating violence, and stalking. "Stalking" - The term "stalking" means engaging in a course of conduct directed at a specific person that would cause a reasonable person to--(A) fear for their safety or the safety of others; or (B) suffer substantial emotional distress. Presumption of Good Faith Reporting. Who can a student contact to ask that one or more of these supportive measures are put in place?
The University retains the right to charge an individual for making a materially false statement in bad faith during the course of an investigation, proceeding, or hearing under this policy, but will not conclude that any individual has made a materially false statement in bad faith solely based on the determination regarding responsibility. Timeliness of Report. Upon dismissal, the University shall promptly send written notice of the dismissal and reason(s) therefor simultaneously to the parties via electronic format. If the Complainant requests confidentiality or that the report not be pursued, the Mandated Reporter should warn the Complainant that, at this stage in the process, the Mandated Reporter must report all known information to the Title IX Coordinator. The Appeal Panel also may consider any other materials the University deems relevant and that have been shared with the parties.
Vice Provost for Institutional Equity and Diversity. Options for Complainants, Respondents, and Other Reporting Individuals. See Appendix A for a complete list of Confidential Resources on campus. Prior Sexual Behavior. The privacy of all parties to a complaint of sexual misconduct will be respected, and the university will work to safeguard the identities and privacy of individuals who seek help or who report sexual misconduct. These FAQs are intended to respond to questions about the University's policies and procedures regarding Title IX and sex discrimination as they pertain to matters involving conduct alleged to have occurred on or after August 14, 2020.
Other Available Resources. 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? The term "confidentiality" refers to the circumstances under which information will or will not be disclosed to others. There will be three options for resolution: Students may appeal the determination in accordance with the appeals process cited in the Procedures for Student Conduct Administration. If your complaint includes any of the above mentioned, please do not hesitate to contact one of the other parties. Therefore, all individuals are encouraged to familiarize themselves with their options and responsibilities, and make use of Confidential Resources, if applicable, in determining their preferred course of action. No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any educational program or activity receiving federal financial assistance. Should the University, in weighing such factors, determine it must proceed, the University will explain its rationale to the Complainant and make sure that the Complainant is offered a support person throughout the process. Examples of kinds of conduct that constitute sexual violence/assault include, but are not limited to: Force involves the use of physical violence and/or imposing on someone physically to gain sexual access. The University will not offer the alternate resolution process unless a formal complaint is filed. Sexual contact with someone who was known to be or reasonably should have been known to be incapacitated is a violation of policy. After medical attention for the victim(s), if needed, the University will take steps to notify students, faculty, and staff of the potential if it is determined that there is a threat to the safety of the University community.