Frequently Asked Questions
FREQUENTLY ASKED QUESTIONS
Questions about Policy and Title IX
What is Title IX?
Title IX of the Education Amendments of 1972 is a Federal civil rights law that prohibits discrimination on the basis of sex in educational programs and activities that receive Federal funds. It states: “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.” Under Title IX, discrimination on the basis of sex can include gender discrimination, sexual harassment, rape, fondling, incest, statutory rape, dating violence, domestic violence, and stalking.
What is a Title IX Administrator?
The Title IX Administrator at 51吃瓜网视频 Baptist University oversees 51吃瓜网视频 Baptist University's compliance with Title IX. The Title IX Administrator is responsible for the administrative response to reports and Formal Complaints of Sexual Harassment, Dating Violence, Domestic Violence, Stalking, Sexual Assault, Retaliation, Pregnancy, and Discrimination. The Title IX Administrator is available to discuss the grievance process, coordinate supportive measures, explain 51吃瓜网视频 Baptist University policies and procedures, and provide education on relevant issues.
What are the reporting expectations for employees?
All 51吃瓜网视频 Baptist University employees, including faculty and staff, are strongly encouraged to report allegations of gender discrimination, sexual harassment, sexual assault, dating violence, domestic violence, and stalking to the Title IX Administrator to maximize the institution's ability to investigate and potentially address and eliminate the misconduct. The employee should NOT attempt to determine if the harassment or violence actually did occur, or if a hostile environment is being created.
The information that should be reported includes all the relevant information that the individual has shared and that may be useful in the investigation. This includes names of the alleged respondent, the student/employee who experienced the alleged harassment/violence, any other student/employee involved, and the date, time, and location of the alleged incident.
Employees should explain to the student/employee that they are not a confidential resource before a student/employee reveals something that they may want to keep confidential. If a person begins talking about the incident(s) with no warning, interrupt immediately (but nicely) and inform them that the conversation cannot be considered confidential. Assure them that you want to be supportive, but if they do not want the incident(s) to potentially be reported then they should make an appointment with a confidential resource. In emergency situations, where a person's health or safety is in immediate danger, call 911
A report to the Title IX Coordinator does not necessarily lead to a full investigation. Any action is typically determined based on the complainant's choices. However, the Title IX Coordinator will make a safety assessment to determine if there is a safety risk to the community. If it is likely that there is continued risk, the Title IX Coordinator may have to proceed without the complainant's consent.
Why do Universities handle sexual violence reports?
Universities are legally required under Title IX to address sex discrimination in education. Students who report to their Title IX Coordinator can also file a police report. acknowledges that gender-based violence creates an unsafe and inequitable environment for students. Universities are required to respond to sexual violence reports to ensure that all students have equal access to education. The Title IX reporting process runs concurrently with a criminal investigation, it is not a replacement for a police report.
What is Amnesty?
The health and safety of every student at 51吃瓜网视频 Baptist University is of utmost importance. 51吃瓜网视频 Baptist University recognizes that students who have been drinking and/or using drugs (whether such use is voluntary or involuntary) at the time that violence, including but not limited to domestic violence, dating violence, stalking, or sexual assault occurs, may be hesitant to report such incidents due to fear of potential consequences for their own conduct.
51吃瓜网视频 Baptist University strongly encourages students to report incidents of domestic violence, dating violence, stalking, or sexual assault to institution officials. A bystander acting in good faith or a Reporting Individual acting in good faith that discloses any incident of domestic violence, dating violence, stalking, or sexual assault to 51吃瓜网视频 Baptist University officials or law enforcement will not be subject to 51吃瓜网视频 Baptist University Student Conduct action for violations of alcohol and/or drug use policies occurring at or near the time of the commission of the domestic violence, dating violence, stalking, or sexual assault.
What supportive measures are available?
Supportive Measures means non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the complainant or the respondent before or after the filing of a Formal Complaint or where no Formal Complaint has been filed. Such measures are designed to restore or preserve equal access to 51吃瓜网视频 Baptist University's Education Programs or Activities without unreasonably burdening the other party, including measures designed to protect the safety of all parties or 51吃瓜网视频 Baptist University's educational environment or deter sexual harassment. Supportive measures may include but are not limited to, counseling, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, campus escort services, mutual restrictions on contact between the parties, changes in work or housing locations, leaves of absence, increased security and monitoring of certain areas of the campus, and other similar measures.
Reporting an Incident
There are multiple ways to report an Incident:
1. ONLINECLICK HERE TO FILE A REPORT:
This report goes directly to the Title IX Office.
2. Contact the Title IX Administrator Directly:
Justin Lawrence, J.D./M.B.A./M.Div
Title IX Administrator
Phone: 806-291-1173
Email: lawrencej@wbu.edu
Office: Gates Hall 311
If you wish to obtain confidential assistance without making a report to WBU may do so by speaking confidentially with professionals who are obligated by law to maintain confidentiality, subject to the stated terms of confidentiality by that office. At WBU, students may speak confidentially with any of the professionals listed below.
There are resources on campus for students who would like to talk to someone and get assistance, without making a report to the university. These staff members can assist students in accessing resources and filing a report only when specifically requested.
Office of Counseling Services
University Center 208
Phone: 806-291-3765
If you need immediate help
Contact the University Police Department or 911.Go to your local Medical Emergency Room. Medical personnel can help you with a SAFE (Sexual Assault Forensic Exam) and information related to victim’s services. A SAFE is conducted by a sexual assault nurse examiner (SANE) who is trained in the collection of evidence and can check for both injuries and evidence. (You may receive a SAFE even if you do not wish to report the incident to the police at this time.
What friend told me they were assaulted. What can I do to help?
Believe unconditionally. People rarely lie about being sexually assaulted. Be sure your friend knows how much you support her or him.
Let the survivor control the situation. Let your friend determine the pace of healing. Help your friend understand the options available, and encourage your friend to keep her or his options open. Most importantly, allow your friend to make her or his own decisions.
Assure your friend that it was not her or his fault. No one asks to be sexually assaulted. Avoid blaming questions and judgmental phrases such as, “Why didn’t you scream?” or “If I ever get my hands on the creep…” or “I would have done this…” Avoid searching for things your friends should have done.
Show you want to listen. A friend may confide in you ten minutes or ten years after the assault. At that time, it doesn’t matter so much what you say but how well you listen. Remember that your friend’s sense of trust has been violated, so one of the most important things you can do is respect her or his need for confidentiality.
Encourage your friend to get medical attention as soon as possible. Your friend can receive medical attention from a private doctor, clinic or hospital emergency room.
Don’t be afraid to ask for outside help. Your friend may need medical attention or counseling. Offer to help your friend access outside services.
Can I file criminal charges as well as a Title IX claim?
Yes. The criminal process and the policy violation process are separate processes but can occur at the same time.
Will my complaint remain confidential?
The privacy of all parties is a priority to 51吃瓜网视频 Baptist University. However, sometimes, limited information must be disclosed in order to fully investigate a complaint. If you are concerned about confidentiality, you may want to seek confidential assistance or discuss this issue with the Title IX Administrator.
What if I want to remain anonymous?
Your confidentiality will be protected to the maximum extent possible, but anonymity may hinder an investigation into your complaint.
Do I have to identify the alleged perpetrator?
In order to file a Formal Title IX Complaint and proceed with the formal grievance process, the alleged perpetrator must be identified. But, if you do not want to reveal the respondent’s identity, the Title IX Administrator can still provide information, offer supportive measures, and connect you with valuable resources and assistance.
I'm concerned that reporting might make matters worse. Should I still file a complaint?
Yes. If you have concerns for your safety, 51吃瓜网视频 Baptist University can provide No Contact Orders, academic accommodations, and other steps to assist you. In addition, 51吃瓜网视频 Baptist University has a retaliation policy that is enforced if a complainant, respondent, or witness is retaliated against for submitting a report or participating in the formal or informal grievance process.
If an incident of sexual violence occurs off campus, can the University investigate?
Off-campus incidents are included in the Title IX Sexual Misconduct Policy when the alleged conduct includes Sexual Harassment and Non-Harassment Title IX Discrimination under the Title IX Policy, the alleged conduct occurs in 51吃瓜网视频 Baptist University Education Program and Activity, the alleged conduct occurs against a person in the United States, and the Complainant is participating in or attempting to participate in 51吃瓜网视频 Baptist University's Education Program or Activity. Other policies may also apply to off-campus incidents of sexual violence when the respondent is a student or employee of 51吃瓜网视频 Baptist University
If an incident occurred at a party and I was drinking, will I get in trouble?
51吃瓜网视频 Baptist University's priority is to prevent sexual harassment and violence. While the specifics of the situation will be considered, our primary focus will be to address the sexual harassment/violence. We do not want the involvement of alcohol to prevent the reporting of such serious misconduct.
Can I be terminated for filing a complaint of sexual violence/harassment?
No. Retaliation against an employee or student after they have complained about sexual harassment/violence or cooperating in an investigation of sexual harassment/violence is unlawful and can lead to serious consequences. An act of retaliation against a Complainant, Respondent, or witness in an investigation is a violation of the University policy. Any such retaliation constitutes a separate basis for a complaint, even if the initial complaint was found to be unsubstantiated or dismissed.
What can I do if I am a victim of retaliation?
Retaliation against any persons who participate in the complaint procedures is prohibited by federal and state law and University policies. Retaliation exists when action is taken against a participant (whether a complainant, respondent, witness or investigator) which affects their employment, academic, or business status which is motivated in whole or in part by their participation in the process.
Retaliation for filing a complaint or participating in the complaint process may be found regardless of whether or not the underlying complaint is found to have merit. Persons who feel that they have been subject to retaliation because of filing or participating in the complaint procedure may file a complaint based on the alleged retaliation.
Questions about Sexual Assault or Harassment
What is sexual harassment?
Sexual Harassment means conduct on the basis of sex that satisfies one or more of the following:
- An employee of the recipient conditioning the provision of an aid, benefit, or service of the recipient on an individual's participation in unwelcome sexual conduct;
- Unwelcome conduct determined by a Reasonable Person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the recipient's education program or activity; or
- Sexual Assault, Dating Violence, Domestic Violence or Stalking as defined in the Title IX Sexual Misconduct Policy.
Sexual Assault means an offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation, including Rape, Fondling, Incest, and Statutory Rape as defined in this Policy.
Rape means the penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.
Fondling means the touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental Incapacity
Incest means sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
Statutory Rape means sexual intercourse with a person who is under the statutory age of consent.
Dating Violence means violence committed by a person—who is or has been in a social relationship of a romantic or intimate nature with the victim; and where the existence of such a relationship shall be determined based on a consideration of the following factors:
- The length of the relationship,
- The type of relationship,
- The frequency of interaction between the persons involved in the relationship. Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse.
Domestic Violence includes felony or misdemeanor crimes of violence committed by:
- 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 Texas, or
- any other person against an adult or youth victim who is protected from that person's acts under the domestic or family violence laws of Texas.
Stalking means 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. Please find addition information about .
What does giving consent mean?
It is critical that all people obtain consent prior to engaging in any sexual activity. Consent can and should be incorporated as an essential and fun part of sexual communication. Likewise, it is a vital component of mutual pleasure and healthy sexuality.
Consent is knowing, voluntary, and clear permission by words or actions to engage in sexual activity. It is the responsibility of each party to determine that the other has consented before engaging in the activity.
Consent:
- Cannot be gained by force, threats, intimidation, or coercion
- Cannot be inferred from silence or lack of resistance
- Cannot be implied by attire or inferred from money spent
- Can never be given by a minor
- Can never be given by someone with a mental disability
- Can never be given if the person is asleep, incapacitated or unconscious, which could be a result of alcohol or drugs
- One type of sexual act does not imply consent for another act
- Once a person says no or communicates that they want to stop, it does not matter if or what type of sexual behavior had occurred previously
- Being in a relationship does not mean that consent is always given. It is important to ask each time when engaging in sexual activities
- Consent can be withdrawn at any time as long as that withdrawal is clearly communicated
How can I reduce my risk?
Risk reduction tips can often take a victim-blaming tone, even unintentionally. With no intention to victim-blame, and with recognition that only those who commit sexual violence are responsible for those actions, these suggestions may nevertheless help you to reduce your risk of experiencing a non-consensual sexual act.
What should I know about preserving evidence?
It is important that you preserve evidence -even if you are not sure you want to report the matter. If you have experienced a sexual assault, you should not wash, douche, use the toilet, or change clothing prior to a medical exam by a SANE (Sexual Assault Nurse Examiner) Nurse (Title IX does not conduct medical exams).
Any clothing removed should be placed in a paper bag. Evidence of violence, such as bruising or other visible injuries, should be documented including through photographs. You can access a free forensic medical exam, such as a SANE (Sexual Assault Nurse Examiner) exam.
During the SANE exam, a registered nurse or nurse practitioner who has completed specialized training to assist sexual assault victims will collect all forensic evidence and perform exams. SANE nurses are available at only in specific hospital emergency rooms.
For many cases, relevant evidence includes communications, such as text messages, voicemail and other phone records, emails, photos or videos, or other records. Please save these communications and other records.
What are the effects of sexual violence?
Sexual violence can have psychological, emotional, and physical effects. It can be helpful to work with confidential resources such as counseling or an advocate to manage any traumatic effects after experiencing sexual violence.
Are women the only victims of sexual violence?
No, all genders and gender identities can be victims of sexual violence. Same gender and gender identity violence can and does occur.
听
