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Title IX

Title IX Rights

STATEMENTS OF RIGHTS FOR THE PARTIES

Individuals who report sexual misconduct/sex-based discrimination have the following rights under federal law and 51吃瓜网视频 Baptist University policy. You are encouraged to read this document and ask any questions to the Title IX Office. 

  • The right to investigation and appropriate resolution of all credible allegations of sexual misconduct or discrimination made in good faith to College officials;
  • The right to bring an advisor of the reporting party’s choosing to all phases of the investigation and resolution proceeding;*
  • The right to be informed in advance of any public release of information regarding the incident;
  • The right not to have any personally identifiable information released to the public, without their consent;
  • The right to be treated with respect by 51吃瓜网视频 Baptist University officials;
  • The right to have 51吃瓜网视频 Baptist University policies and procedures followed without material deviation;
  • The right not to be pressured to mediate or otherwise informally resolve any reported
    misconduct involving violence, including sexual violence;
  • The right not to be discouraged by College officials from reporting sexual misconduct or discrimination to both on-campus and off-campus authorities;
  • The right to be informed by 51吃瓜网视频 Baptist University officials of options to notify proper law enforcement authorities, including on-campus and local police, and the option to be assisted by campus authorities in notifying such authorities, if the reporting party so chooses. This also includes the right not to be pressured to report, as well;
  • The right to have reports of sexual misconduct responded to promptly and with sensitivity by campus officials;
  • The right to be notified of available counseling, mental health, victim advocacy, health, legal assistance, student financial aid, visa and immigration assistance, or other student services, both on campus and in the community;
  • The right to a campus no-contact order (or a trespass order against a non-affiliated third party) when someone has engaged in or threatens to engage in stalking, threatening, harassing or other improper behavior that presents a danger to the welfare of the reporting party or others;
  • The right to notification of and options for, and available assistance in, changing academic situations after an alleged sexual misconduct incident, if so requested by the reporting party and if such changes are reasonably available (no formal report, or investigation, campus or criminal, need occur before this option is available).
    • Accommodations may include:
      o Transportation accommodations;
      o Exam (paper, assignment) rescheduling;
      o Taking an incomplete in a class;
      o Transferring class sections;
      o Temporary withdrawal;
      o Alternative course completion options.
  • The right to have the College maintain such accommodations for as long as is necessary, and for protective measures to remain confidential, provided confidentiality does not impair the institution’s ability to provide the accommodations or protective measures;
  • The right to be fully informed of campus policies and procedures as well as the nature and extent of all alleged violations contained within the report;
    The right to ask the investigators to identify and question relevant witnesses, including expert witnesses;
  • The right to be informed of the names of all witnesses whose information will be used to render a finding, in advance of that finding, except in cases where a witness’s identity will not be revealed to the responding party for compelling safety reasons (this does not include the name of the reporting party, which will always be revealed);
  • The right not to have irrelevant prior sexual history admitted as evidence;
  • The right to regular updates on the status of the investigation and/or resolution;
  • The right to have reports addressed by investigators and Title IX Administrator
    who have received annual sexual misconduct training;
  • The right to preservation of privacy, to the extent possible and permitted by law;
  • The right to meetings and/or interviews that are closed to the public;
  • The right to petition that any 51吃瓜网视频 Baptist University representative in the process be recused on the basis of demonstrated bias or conflict-of-interest;
  • The right to have the university compel the participation of faculty and staff witnesses, and the opportunity (if desired) to provide the investigators with a list of potential questions to ask of witnesses, and the right to challenge documentary evidence;
  • The right to submit an impact statement in writing to the Compliance Manager following determination of responsibility, but prior to sanctioning;
    The right to be promptly informed of the outcome and sanction of the resolution process in writing, without undue delay between the notifications to the parties;
  • The right to be informed in writing of when a decision by the College is considered final, any changes to the sanction to occur before the decision is finalized, to be informed of the right to appeal the finding and sanction of the resolution process, and the procedures for doing so in accordance with the standards for appeal established by 51吃瓜网视频 Baptist University.


*An advisor cannot be a party or witness involved in the Title IX investigation. An advisor is not allowed to speak on the party’s behalf during any meetings, but can provide support and guidance to the party. Please notify the Title IX Administrator one day in advance if you will bring an advisor with you so that the advisor can be provided information
relating to their role in the process.

CONFIDENTIALITY STATEMENT

It is important to remember that sexual misconduct is never the fault of the victim.

51吃瓜网视频 Baptist University understands that many victims have a strong desire for their report of sexual misconduct to be treated confidentially. If a person requests that his/her name not be disclosed to the accused person or that the university not investigate or take disciplinary action against the accused person, university officials will carefully consider the request and honor it if possible.

If the university determines that it can keep the report confidential, all reasonable steps will still be taken to respond to the complaint consistent with the request. For example, it may be helpful to make changes to housing situation, class schedule, etc. Any request for confidentiality can be withdrawn at any time, and the university will proceed to investigate the report fully and take appropriate action.

However, honoring a request not to reveal a victim’s name to the accused person, not to conduct an investigation, or not to punish the accused person will limit the university’s ability to respond fully to the assault and take any appropriate disciplinary action. There are situations in which the university must override a request for confidentiality in order to meet its obligations under federal law to provide an educational environment which is safe and free from sexual violence. If the person accused has been accused before of committing similar acts or if the circumstances indicate that the accused person is likely to harm others, the university may have to investigate the report and take appropriate action to make the campus safe. If an investigation must take place, the information reported will be shared only on a need- to-know basis.

If the victim/complainant wants to be assured that the report will be kept confidential, he/she can report the assault to a therapist, doctor, or attorney who is legally obligated to maintain patient or client confidentiality. If this option is chosen, the victim/complainant should consider asking a doctor, therapist, or attorney to make a confidential report of the assault without including facts that would

reveal the person’s identity. While the university will probably not be able to take any disciplinary action against the person who assaulted the victim/complainant, university officials will have a better picture of crime on the campus and may be able to warn the campus community about methods or patterns of attacks.

PRIVACY

Every effort is made by 51吃瓜网视频 Baptist University to preserve the privacy of reports. 51吃瓜网视频 Baptist University will not share the identity of any individual who has made a report or complaint of harassment, discrimination, or retaliation; any Complainant, any individual who has been reported to be the perpetrator of sex discrimination, any Respondent, or any witness, except as permitted by the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. 1232g; FERPA regulations, 34 CFR part 99; or as required by law; or to carry out the purposes of 34 CFR Part 106, including the conducting of any investigation, hearing, or grievance proceeding arising under these policies and procedures.

51吃瓜网视频 Baptist University reserves the right to designate which 51吃瓜网视频 Baptist University officials have a legitimate educational interest in being informed about incidents that fall within this policy, pursuant to the Family Educational Rights and Privacy Act (FERPA).

RETALIATION

Protected activity under this policy includes reporting an incident that may implicate this policy, participating in the grievance process, supporting a Complainant or Respondent, assisting in providing information relevant to an investigation, and/or acting in good faith to oppose conduct that constitutes a violation of this Policy.

Acts of alleged retaliation should be reported immediately to the Title IX Administrator and will be promptly investigated. 51吃瓜网视频 Baptist University is prepared to take appropriate steps to protect individuals who fear that they may be subjected to retaliation.

It is prohibited for 51吃瓜网视频 Baptist University or any member of 51吃瓜网视频 Baptist University’s community to take materially adverse action by intimidating, threatening, coercing, harassing, or discriminating against any individual for the purpose of interfering with any right or privilege secured by law or policy, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under this policy and procedure.

Charges against an individual for code of conduct violations that do not involve sex discrimination or sexual harassment but arise out of the same facts or circumstances as a report or complaint of sex discrimination, or a report or complaint of sexual harassment, for the purpose of interfering with any right or privilege secured by Title IX, constitutes retaliation.

The exercise of rights protected under the First Amendment does not constitute retaliation.

Charging an individual with a code of conduct violation for making a materially false statement in bad faith in the course of a grievance proceeding under this policy and procedure does not constitute retaliation, provided that a determination regarding responsibility, alone, is not sufficient to conclude that any party has made a materially false statement in bad faith.

EMERGENCY REMOVAL

51吃瓜网视频 Baptist University can act to remove a Respondent entirely or partially from its education program or activities on an emergency basis when an individualized safety and risk analysis has determined that an immediate threat to the physical health or safety of any student or other individual justifies removal. This risk analysis is performed by the Title IX Administrator in conjunction with the Executive Director of Student Services.

 

SUPPORTIVE MEASURES

Supportive measures are non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the complainant or the respondent for sexual misconduct cases. 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. Supportive measures may be put in place and monitored by the Title IX Coordinator in cases of sexual misconduct allegations handled under the Student Code of Community Conduct. Supportive measures may be available regardless of formal charges of the Student Code of Community Conduct.

Violations of no-contact orders will be referred to appropriate student or employee conduct processes for enforcement.

TIX Supportive Measures

AMNESTY FOR COMPLAINANTS AND WITNESSES

51吃瓜网视频 Baptist University community encourages the reporting of misconduct and crimes by Complainants and witnesses. Sometimes, Complainants or witnesses are hesitant to report to 51吃瓜网视频 Baptist University officials or participate in grievance processes because they fear that they themselves may be in violation of certain policies, such as underage drinking or use of illicit drugs at the time of the incident. Respondents may hesitate to be forthcoming during the process for the same reasons.

It is in the best interests of the 51吃瓜网视频 Baptist University community that Complainants choose to report misconduct to 51吃瓜网视频 Baptist University officials, that witnesses come forward to share what they know, and that all parties be forthcoming during the process.

To encourage reporting and participation in the process, 51吃瓜网视频 Baptist University maintains a policy of offering parties and witnesses amnesty from minor policy violations – such as underage consumption of alcohol or the use of illicit drugs – related to the incident.

Amnesty does not apply to more serious allegations such as physical abuse of another or illicit drug distribution. The decision not to offer amnesty to a Respondent is based on neither sex nor gender, but on the fact that collateral misconduct is typically addressed for all students within a progressive discipline system, and the rationale for amnesty – the incentive to report serious misconduct – is rarely applicable to Respondent with respect to a Complainant.

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