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Shelly Bachus, Policy Director
Warrensburg, MO 64093
SEXUAL MISCONDUCT POLICY AND COMPLAINT RESOLUTION PROCEDURES
Approval: Approved by the President on March 3, 2015
Authority: Board of Governors Policy 1.2.150
Responsibility: University President
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.
-Title IX of the Education Amendments of 1972
Title IX Scope
Title IX of the Education Amendments of 1972 is a federal civil rights law that prohibits discrimination on the basis of sex against any person in education programs and activities receiving federal funding. Programs or activities receiving federal financial assistance include virtually all public and private colleges and universities, and all public elementary and secondary schools.
Under Title IX, students, staff, faculty, and other employees; women, girls, men, and boys; straight, transgender, and gender-nonconforming persons; persons with and without disabilities; pregnant and parenting students, and international and undocumented persons all have the right to pursue education, including athletic programs, scholarships, employment and admissions and other activities, free from sex discrimination, including sexual violence and harassment. Sex discrimination is prohibited in educational programs and activities including employment and admission.
Sex-based discrimination in public schools and universities also implicates legal rights under Title IV of the Civil Rights Act, which is enforced by the U.S. Department of Justice.
UCM's Title IX Implementation & Vision
The University of Central Missouri (UCM) seeks to foster a safe and healthy environment built on mutual respect and trust. At the very basis of the University's mission is the recognition of the essential dignity and worth of each member of its community. Sex discrimination, including sexual violence, is a very serious violation of these principles and will not be tolerated in any form. The University encourages all members of its community to be aware of trauma caused by sexual violence and challenges its members to work together to prevent its occurrence.
Members of the UCM community, guests and visitors have the right to be free from sex discrimination. All members of the campus community are expected to conduct themselves in a manner that does not infringe upon the rights of others. UCM does not tolerate sex discrimination.
a. Sexual Misconduct
b. Sexual Harassment
c. Sexual Violence
g. Domestic and Dating Violence
j. Retaliatory Complaints
k. Complainant, Respondent & Bystander
l. The Preponderance of the Evidence Standard
a. Administrative Hearing
b. Sanction Guidelines
d. Prohibition Against Retaliation
e. Notification of Findings and Appeals
UCM's sexual misconduct policy has been developed to reaffirm the principles of Title IX and to provide recourse for those individuals whose rights have been violated. This policy is intended to define community expectations and to establish a mechanism for determining when those expectations have been violated.
UCM believes that all students and employees should have the opportunity to learn and work in an educational environment free from discrimination. Sexual harassment, including sexual violence and other forms of sexual misconduct, interferes with this right and will not be tolerated.
UCM is committed to protecting community members in connection with all the academic, educational, extracurricular, athletic, employment, and other programs of the school both on and off campus. UCM is fully committed to developing and fully implementing effective sexual misconduct policies and to providing training on this issue for students and staff.
The purpose of this policy is to provide a single, easily accessible and user-friendly document for students, employees, and others affected by sex discrimination to find information regarding UCM's rules and procedures, including the rights of parties involved with a complaint and the obligations of the institution and its employees.
Title IX of the Education Amendments of 1972, as amended ("Title IX"), and its implementing regulations (34 CFR Part 106) prohibits any individual from being excluded from participation in, denied the benefits of, or subjected to discrimination under any education program or activity on the basis of sex. Sex discrimination constitutes a violation of this policy, is unacceptable, and will not be tolerated. Sex discrimination includes discrimination on the basis of pregnancy, gender identity, and failure to conform to stereotypical notions of femininity and masculinity. Sexual harassment, including sexual violence, is a form of prohibited sex discrimination
This policy applies to administrators, faculty, and other University employees; students; applicants for employment; customers; third-party contractors; and all other persons that participate in the University's educational programs and activities, including third-party visitors on campus (the "University Community"). This policy prohibits sex discrimination, sexual harassment, and sexual violence, including when the complainant and alleged perpetrator are members of the same sex, and it applies regardless of national origin, immigration status, or citizenship status. The University's prohibition on sex discrimination and sexual harassment extends to all aspects of its educational programs and activities, including, but not limited to, admissions, employment, academics, athletics, housing, and student services.
The University has jurisdiction over Title IX-related complaints regarding conduct that occurred on campus, during or at an official University program or activity (regardless of location), or off campus when the conduct could create a hostile environment on campus. The University will investigate all complaints made under this policy and, if necessary, take action to prevent the recurrence of sex discrimination and remedy its effects.
In the interests of maintaining a safe and respectful educational atmosphere for all University Community members, it is important that each member be familiar with UCM's sexual misconduct policy and complaint resolution procedures.
The Title IX Coordinator is available to meet with persons with inquiries regarding the University's compliance with Title IX and is responsible for overseeing the university's response to Title IX reports and complaints and for addressing any patterns or systemic problems that arise during the review of such complaints.
These responsibilities include:
The Title IX coordinator has knowledge of the requirements of Title IX, of the university's policies and procedures on sex discrimination, and of all complaints raising Title IX issues throughout the school. The Title IX coordinator must be informed of all reports and complaints raising Title IX issues, even if the report or complaint was initially filed with another individual or office or if the investigation will be conducted by another individual or office.
To assist with this range of responsibilities, the university has identified deputy Title IX coordinators in the Human Resources Office and Athletics Department. These Deputy Title IX officers can act in place of the Title IX coordinator in case of absence or in cases where there is a potential conflict of interest.
The university has also created a cross-functional Title IX team to effectively coordinate resources for victims of sexual misconduct. This team also assists in identifying and developing strategies for ensuring that students know the school's prohibition against sex discrimination, including sexual harassment and violence, recognizing sex discrimination, sexual harassment, and sexual violence when they occur, and knowing the connection between alcohol and drug abuse and sexual harassment or violence.
Corey Bowman, Associate Vice Provost for Student Services/Title IX Coordinator
Office of Student Experience and Engagement , 214 Administration Building, 660-543-4114
Rick Dixon, Employee Relations Specialist/Deputy Title IX Coordinator
Office of Human Resources, 101 Administration Building, 660-543-4255
Kathy Anderson, Senior Associate Athletic Director/Internal Operations/Deputy Title IX Coordinator
Athletics, Multi Purpose Building 203, 660-543-4310
Office for Civil Rights
If an individual does not wish to contact one of the above University Title IX Coordinators or other designated University resources with questions or concerns regarding sex discrimination at the University, they may contact the Assistant Secretary for Civil Rights in the Office for Civil Rights (OCR) with the U.S. Department of Education. Missouri's regional OCR office is located in Kansas City and is available to provide assistance:
U.S. Department of Education
Office for Civil Rights
One Petticoat Lane
1010 Walnut St., Suite 320
Kansas City, MO 64106
Sexual misconduct is an umbrella term used in UCM's sexual misconduct policy and complaint resolution procedures and includes conduct that can be classified as sex discrimination, sexual harassment, sexual violence, etc.
SEXUAL MISCONDUCT OFFENSES INCLUDE, BUT ARE NOT LIMITED TO:
Sexual harassment is unwelcome conduct of a sexual nature. Sexual harassment can include unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature.
Hostile environment harassment occurs when:
A hostile environment can be created by a university employee, another student, or even someone visiting the campus, such as a student or employee from another school. A single incident of sexual assault or rape may be sufficient to create a hostile environment. Investigations of sexual harassment complaints will take into consideration both objective and subjective factors.
Some examples of sexual harassment include:
Sexual violence is a form of prohibited sexual harassment. Sexual violence includes physical sexual acts perpetrated against a person's will or where a person is incapable of giving consent because of his or her temporary or permanent mental or physical incapacity, because of his or her youth, or because of his or her incapacitation due to the use of drugs and/or alcohol.
Sexual violence is a severe form of sexual harassment. Some examples of sexual violence include:
i. Rape or sexual assault. Any form of sexual intercourse (anal, oral, or vaginal), however slight, with any object without consent. Intercourse means: vaginal penetration (however slight) by a penis, object, tongue, or finger; anal penetration by a penis, object, tongue, or finger; and oral copulation (mouth to genital contact or genital to mouth contact).
ii. Non-consensual sexual contact. Any intentional sexual touching, however slight, with any object without a person's consent. Intentional sexual contact includes contact with the breasts, buttocks, groin, or touching another with any of these body parts, making another person touch any of these body parts; any intentional bodily contact in a sexual manner.
iii. Sexual exploitation. Sexual exploitation occurs when an individual takes non-consensual or abusive sexual advantage of another for their own advantage or benefit, or to benefit or advantage anyone other than the one being exploited.
Examples of sexual exploitation include, but are not limited to:
- Invasion of sexual privacy;
- Prostituting another student;
- Non-consensual video or audio-taping of sexual activity;
- Going beyond the boundaries of consent;
- Engaging in voyeurism;
- Knowingly transmitting an STI or HIV to another student;
- Exposing one's genitals in non-consensual circumstances
iv. Use of force or coercion to effect sexual intercourse or some other form of sexual contact with a person who has not given consent.
- Force is the use of physical violence and/or imposing on someone physically to gain sexual access. Force also includes threats, intimidation (implied threats) and coercion that overcome resistance or produce consent.
- Coercion is unreasonable pressure for sexual activity. When someone makes clear to you that they do not want sex, that they want to stop, or that they do not want to go past a certain point of sexual interaction, continued pressure beyond that point can be coercive.
Intimidation is intentional behavior by an individual or group that places another individual or group in fear of harm. Intimidation can be manifested emotionally or physically, directly or indirectly, and by use of social media.
In order for individuals to engage in sexual activity of any type with each other, there must be clear, knowing and voluntary consent prior to and during sexual activity. Consent is sexual permission. Consent can be given by word or action, but non-verbal consent is not as clear as talking about what you want sexually and what you don't. Consent to some form of sexual activity cannot be automatically taken as consent to any other form of sexual activity. Silence cannot be assumed to show consent.
With all cases of a sexual nature, "consent" is defined as positive cooperation in an act or behavior. The person consenting must act freely and voluntarily, have knowledge of the nature of the act and be capable of making a reasonable judgment concerning the nature of the act.
Incapacitation is a state where someone cannot make rational, reasonable decisions because they lack the capacity to give knowing consent (e.g., to understand the "who, what, when, where, why or how" of their sexual interaction). Sexual activity with someone who one should know to be - or based on the circumstances should reasonably have known to be - mentally or physically incapacitated (by alcohol or other drug use, unconsciousness or blackout), constitutes a violation of this policy.
This policy also covers a person whose incapacity results from mental disability, sleep, involuntary physical restraint, or from the taking of rape drugs. Possession, use and/or distribution of any of these substances, including Rohypnol, Ketomine, GHB, Burundanga, etc. is prohibited, and administering one of these drugs to another student is a violation of this policy. More information on these drugs can be found at http://www.911rape.org/
The use of alcohol and other drugs can have unintended consequences. Alcohol and other drugs can lower inhibitions and create an atmosphere of confusion over whether consent is freely and affirmatively given. The perspective of a reasonable person will be the basis for determining whether one should have known about the impact of alcohol and other drugs on another person's ability to give consent. The use of alcohol and other drugs never makes someone at fault for being sexually assaulted. The use of alcohol or other drugs will not function as a defense to a violation of the sexual misconduct policy.
Domestic and dating violence - also called intimate partner violence, battering, relationship abuse, or spousal abuse - is a pattern of abusive behaviors used to exert power and control over a partner. Dating and relationship violence can be physical, sexual, emotional, economic or psychological actions or threats of actions that influence another person. This includes any behaviors that intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure or wound someone. It can happen in straight or gay relationships. This kind of violence can occur regardless of the relationship status, including individuals who are dating, cohabitating, married or in same-sex relationships.
Stalking means engaging in a course of conduct directed at a specific person(s) that would cause a reasonable person to fear for his or her safety or the safety of others, or suffer distress, including fear and apprehension. Stalking behaviors may include: pursuing or following; non-consensual (unwanted) communication or contact - including face-to-face, telephone calls, voice messages, electronic messages, web-based messages, text messages, unwanted gifts, etc.; trespassing; and surveillance or other types of observation.
Retaliation is the act of intimidating, threatening, coercing, or in any way discriminating against an individual because of the individual's informal or formal complaint or participation in a school or Office of Civil Rights (OCR) investigation or proceedings related to sexual misconduct. UCM will not allow any form of retaliation against complainants. Please notify the Title IX Coordinator or the Office of Public Safety immediately if you believe you are the subject of retaliation.
It is not uncommon for the respondent(s) in sexual misconduct cases to assert counter claims against the original complainant(s). These complaints may constitute a form of retaliation intended to silence or punish the original complainant(s). The university will inform the original complainant(s) of potentially retaliatory complaints and reserves the right to decline action on retaliatory complaints by the respondent(s).
Many situations that could be violations of the sexual misconduct policy involve 2 people. We refer to these individuals as the complainant and the respondent. Other situations are more complex and may involve one or more complainants and one or more respondents. These definitions do not imply any legal wrongdoing. The university's process is designed to determine whether or not a respondent has violated policy, remediate the situation, and prevent future harm.
The preponderance of the evidence standard requires proving it is more likely than not that sexual violence occurred. This is the standard of proof that will be utilized when determining whether a violation of the University's sexual misconduct policy has occurred.
The University is concerned with the health, safety, and well-being of its students and the community. If a student or employee is the victim of any form of sexual misconduct, they are urged to seek immediate assistance from any of the following resources and they are encouraged to submit a complaint to the University's Title IX coordinator.
Safety, Law Enforcement & First Responders
Please be aware that medical experts may be able to assist in preserving evidence in addition to treatment for injuries, preventative treatment for sexually transmitted diseases, and other health services.
Sexual Assault Nurse Examiner (SANE) Service
Sexual Assault Response Team (Off-Campus):
If you are the victim of sexual violence, domestic violence, or dating violence, do everything possible to preserve evidence by making certain that the crime scene is not disturbed. Preservation of evidence may be necessary for proof of the crime or in obtaining a protection order. Victims of sexual violence, domestic violence, or dating violence should not bathe, urinate, douche, brush teeth, or drink liquids until after they are examined and, if necessary, a rape examination is completed. Clothes should not be changed. When necessary, seek immediate medical attention at an area hospital and take a full change of clothing, including shoes, for use after a medical examination.
It is also important to take steps to preserve evidence in cases of stalking, to the extent such evidence exists. In cases of stalking, evidence is more likely to be in the form of letters, emails, text messages, etc. rather than evidence of physical contact and violence.
Confidential Counseling and Support
The University wants victims of sexual misconduct to have immediate access to help without losing the ability to decide when and how to take action. Victims of sexual misconduct should never be scared to ask for help and actions should not be taken without your awareness and consultation. All UCM employees are expected to protect complainant privacy, but not all of UCM's employees can maintain confidentiality.
Requesting Confidentiality From the University: How UCM Will Weigh the Request and Respond.
If a complainant discloses an incident to a responsible employee but wishes to maintain confidentiality or requests that the University not investigate the matter, the University must weigh that request against the University's obligation to provide a safe, non-discriminatory environment for the entire University Community, including the victim.
If the University honors the request for confidentiality, a victim must understand that the University's ability to meaningfully investigate the incident and pursue disciplinary action against the respondent(s) may be limited. There are times when the University may not be able to honor a complainant's request in order to provide a safe, non-discriminatory environment for the entire University Community.
When weighing a complainant's request for confidentiality or that no discipline be pursued, the Title IX Coordinator may consult with UCM's Threat Assessment Team and will consider a range of factors, including the increased risk that the respondent will commit additional acts of sexual misconduct, such as:
The presence of one or more of these factors could lead the University to pursue disciplinary action.
If, for example, the school has credible information that the respondent has committed one or more prior rapes, the balance of factors could compel the school to pursue disciplinary action.
The Title IX Coordinator or designee will evaluate requests for confidentiality. If the Title IX Coordinator determines that UCM cannot maintain complainant confidentiality, the Title IX Coordinator will attempt to inform the complainant and will, to the extent possible, only share information with people responsible for handling the University's response.
If none of these factors are present, the Title IX Coordinator will likely respect the request for confidentiality.
UCM will remain ever mindful of complainant well-being, and will take ongoing steps to protect them from retaliation or harm including development of a safety plan. Retaliation, whether by students or other members of the University Community, will not be tolerated.
Any person within the University Community, including third-parties, is encouraged to file a complaint directly with the Title IX Coordinator or a Deputy Title IX Coordinator when that person believes that he or she has been a victim of sexual misconduct.
So that the University has sufficient information to investigate a complaint, the complaint should include: (1) the date(s) and time(s) of the alleged conduct; (2) the names of all person(s) involved in the alleged conduct, including possible witnesses; (3) all details outlining what happened; and (4) contact information for the complainant so that the University may follow up appropriately.
The University encourages persons to make complaints of sexual misconduct as soon as possible because late reporting may limit the University's ability to investigate and respond to the reported conduct.
Even if a complainant does not wish to file a complaint with the Title IX Coordinator or a Deputy Title IX Coordinator, UCM still encourages victims of sexual misconduct to talk to somebody about what happened - so victims can get the support they need, and so the university can respond appropriately. UCM expects all staff to be sensitive to victims of sexual misconduct. In order to help victims understand their resources and options, all staff have been assigned responsibilities when they become aware of incidents of sexual misconduct.
Below is an explanation of various resources available on campus for those wishing to discuss their situations. Different employees on campus have differing abilities to maintain confidentiality or privacy. Our intent is to provide a range of options to victims so they can make informed decisions about who can best assist them. All UCM employees fall into one of the following groups:
UCM's policy is intended to provide options for complainants so they can make informed choices about where to turn should they become a victim of sexual misconduct.
"Psychologists and Medical Staff"
The professional, licensed psychologists in UCM's Counseling Center and the medical staff at the University Health Center can provide confidential assistance and support; they are not required to report any information about an incident to the Title IX coordinator without the permission of the complainant.
Following is the contact information for these offices:
Humphreys 131, Warrensburg, MO 64093
Hours: 8 AM-12PM, 1PM-5PM Summer: 7:30AM-12PM,1PM-4:30PM
University Health Center
600 S. College Ave., Warrensburg, MO 64093
Non-Professional Counselors and Advocates
Individuals who work or volunteer in Residence Life, the Office of Violence & Substance Abuse, and the Mentoring Advocacy and Peer Support Office (including front desk staff and students) generally are not required to reveal a complainant's name or personal information, but they must report that an incident occurred. Complainants can seek assistance and support from these individuals without triggering an investigation that could reveal the complainant's identity or that they have disclosed the incident.
While maintaining confidentiality, these individuals or their office should report the nature, date, time, and general location of an incident to the Title IX Coordinator within 24 hours. This limited report - which includes no information that would directly or indirectly identify the complainant - helps keep the Title IX Coordinator informed of the general extent and nature of sexual violence on and off campus so the coordinator can track patterns, evaluate the scope of the problem, and formulate appropriate campus-wide responses. If the incident constitutes a crime under the Clery Act, the limited report will also be used by the University to fulfill its obligations to disclose crime statistics on an annual basis.
Before reporting any information to the Title IX Coordinator, these individuals will consult with the complainant to ensure that no personally identifying details are shared with the Title IX Coordinator.
Following is contact information for these non-professional counselors and advocates:
Violence & Substance Abuse Prevention
Administration Building 102, Warrensburg, MO 64093
Mentoring, Advocacy and Peer Support
Dockery 212, Warrensburg, MO 64093
If a complainant speaks to a professional or non-professional counselor or advocate and wishes to maintain confidentiality, UCM may be unable to pursue disciplinary action against the respondent.
In these cases, counselors and advocates will still assist complainants in receiving other necessary protection and support, such as victim advocacy, academic support or accommodations, disability, health or mental health services, and changes to living, working or course schedules.
A complainant who initially requests confidentiality may later change their minds and decide to file a complaint with the university or report the incident to local law enforcement.
If the University determines the respondent(s) poses a serious and immediate threat to the University community, the Department of Public Safety may be contacted by these individuals and called upon to issue a timely warning to the community. Any such warning will not include any information that directly identifies the victim.
A "Responsible employee" is a UCM employee who has the authority to redress sexual misconduct or who has the duty to report incidents of sexual misconduct or other student misconduct.
If a complainant tells a responsible employee about an incident of sexual misconduct, it is considered putting the university "On notice" of an incident and consequently with intent that the incident be acted upon. When a complainant notifies a designated "Responsible employee," the University will take prompt, effective and appropriate steps to investigate what happened and to resolve the matter promptly and equitably.
A designated "Responsible employee" must report all relevant details about sexual violence to the Title IX coordinator within 24 hours. The University will then need to determine what happened - including the names of the complainant(s) and respondent(s), any witnesses, and any other relevant facts, including the date, time and specific location of the incident.
To the extent possible, information reported to a responsible employee will be shared only with people responsible for handling the university's response to the report. A responsible employee will not share a complainant's personal information with law enforcement without consent or unless they have also reported the incident to law enforcement.
Who are UCM's Responsible Employees and Why They Were Chosen?
The Department of Education (DOE) has offered guidance on who should be designated as "Responsible employees" and UCM understands the spirit of this guidance is to ensure that complainants have the right and ability to choose from a range of confidential and formal reporting options. The guidance from the DOE is also intended to ensure that reports of sexual misconduct do not "fall through the cracks" or go uninvestigated while also ensuring that, to the degree possible, the complainant's privacy and wishes are honored.
If a complainant wishes to tell the responsible employee what happened but also maintain confidentiality, the University will consider the request for confidentiality, but cannot guarantee that we will be able to honor it. In reporting the details of the incident to the Title IX Coordinator, the responsible employee will also inform the Coordinator of the victim's request for confidentiality.
Responsible Employees will not pressure a complainant to request confidentiality, but will attempt to honor and support complainant wishes, including for UCM to fully investigate an incident. By the same token, responsible employees will not pressure complainants to make a full report if they are not ready to.
Although UCM encourages complainants to talk to someone, we have also developed an online system for anonymous reporting or sexual misconduct including sexual harassment and discrimination based upon gender identity and gender expression.
Off-campus counselors, advocates, and health care providers will also generally maintain confidentiality and not share information with the University unless a complainant requests the disclosure.
Once a complaint has been made, the university reserves the right to take whatever interim measures it deems necessary to protect a complainant pending the final outcome of an investigation. Such measures include, but are not limited to:
The university may take additional measures while an investigation is pending. These measures may include:
Such measures may be available regardless of whether the complainant chooses to report the crime to campus police or local law enforcement. Requests to change an academic, transportation, housing, or work situation, or for any other protective measure, should be made to the Title IX Coordinator.
Also, if a complainant has obtained a temporary restraining order or other no contact order against the alleged perpetrator from a criminal, civil, or tribal court, the complainant should provide such information to the Title IX Coordinator or a Deputy Title IX Coordinator. The University will take all reasonable and legal action to implement the order.
When a complaint is made, UCM will also:
Because the University is under a continuing obligation to address the issue of sexual misconduct campus-wide, reports of sexual misconduct (including non-identifying reports) will also prompt the University to consider broader remedial action - such as increased monitoring, supervision or security at locations where the reported sexual violence occurred; increasing education and prevention efforts, including to targeted population groups; conducting climate assessments/victimization surveys; and/or revisiting its policies and practices.
The University, in accordance with Title IX, will not tolerate any form of retaliation against any individual who files a complaint or participates in the complaint process. Retaliation takes many forms and common restrictions may include a complete ban on any in person, second-hand or social media contact between complainant and respondent. Contact by third parties (at the request or on behalf of respondents) may also constitute retaliation and will not be tolerated. Engaging in retaliation is a separate violation of the sexual misconduct policy.
Any person who believes that he or she has been subject to retaliation for filing a complaint or participating in an investigation should contact the Title IX Coordinator or a Deputy Title IX Coordinator.
While the University encourages all good faith complaints of sexual misconduct, the University has the responsibility to balance the rights of all parties. Therefore, if the University's investigation reveals that a complaint was knowingly false, the complaint will be dismissed and the person who filed the knowingly false complaint may be subject to discipline.
The University of Central Missouri is committed to the safety and welfare of our University Community members and seeks to facilitate access and remove barriers to those seeking assistance when they have been the victims of sexual misconduct. Sometimes persons are reluctant to report instances of sexual misconduct because they fear being charged with policy violations, such as underage alcohol consumption. To encourage reporting, victims of sexual misconduct will not be charged with alcohol, drug and most other policy violations related to their efforts to seek assistance. They may, however, be asked to discuss these choices in an educational context and may be required to undergo counseling or training.
UCM encourages members of the University Community to seek immediate medical assistance (e.g. calling the police at 911 or 543-4123) when they are concerned about their own health or that of another.
These Complaint Resolution Procedures are the exclusive means for investigating and resolving a complaint of sexual misconduct under the University's sexual misconduct policy, regardless of the status of the complainant or respondent.
For purposes of these complaint resolution procedures, "Investigating Officer" means the Title IX Coordinator, Deputy Title IX Coordinator, and/or their designee(s). The Investigating Officer shall have responsibility for administering these complaint resolution procedures.
Promptness, Fairness and Impartiality
These procedures provide for prompt, fair, and impartial investigations and resolutions. The Investigating Officer, Hearing Officers, and Appellate Officer shall discharge his or her obligations under these complaint resolution procedures fairly and impartially. If one of these people determines that he or she cannot apply these procedures fairly and impartially because of the identity of a complainant, respondent, or witness, or due to any other conflict of interest, they must designate another appropriate individual to administer these procedures.
These procedures will be implemented by officials who receive annual training on the issues related to sexual misconduct, domestic violence, dating violence, and stalking and how to conduct an investigation and hearing process that protects the safety of victims and promotes accountability.
Timing of the Investigation
The University will endeavor to conclude its investigation and resolution of the complaint within sixty (60) calendar days of receiving it. Both the complainant and the respondent will be given periodic updates regarding the status of the investigation. If either the complainant or respondent needs additional time to prepare or to gather their witnesses or information, they shall notify the Investigating Officer in writing explaining how much additional time is needed and why it is needed. The Investigating Officer shall respond to any such request generally within five (5) days.
Informal means of resolution, such as mediation, may be used in lieu of the formal investigation and determination procedure. However, informal means may only be used with the complainant's voluntary cooperation and the involvement of the Title IX Coordinator. The complainant, however, will not be required to work out the problem directly with the respondent. Moreover, the complainant may terminate any such informal means at any time. In any event, informal means, even on a voluntary basis, will not be used to resolve complaints alleging any form of sexual violence.
At any time during the investigation, the Investigating Officer, Hearing Officer, Title IX Coordinator or Deputy Title IX Coordinator may determine that interim remedies or protections for the parties involved or witnesses are appropriate. These interim remedies may include separating the parties, placing limitations on contact between the parties, suspension, or making alternative class-placement or workplace arrangements. Failure to comply with the terms of these interim remedies or protections may constitute a separate violation of the sexual misconduct policy.
During the hearing process, both a complainant and a respondent may ask a support person/advisor to accompany him or her at all stages of the process. In cases involving multiple complainants or respondents, the support person/advisor cannot be another complainant or respondent. The support person/advisor does not serve as an advocate on behalf of the complainant or respondent, may not be actively involved in any proceedings, and he or she must agree to maintain the confidentiality of the process. The University reserves the right to dismiss a support person/advisor who is disruptive or who does not abide by the limitations in the previous sentence.
Pending Criminal Investigation
Some instances of sexual misconduct may also constitute criminal conduct. In such instances, the complainant is also encouraged to file a report with the appropriate law enforcement authorities and, if requested, the University will assist the complainant in doing so. The pendency of a criminal investigation, however, does not relieve the University of its responsibilities under Title IX. Therefore, to the extent doing so does not interfere with any criminal investigation, the University will proceed with its own investigation and resolution of the complaint.
Rights of the Parties
During the investigation and resolution of a complaint, the complainant and respondent shall have equal rights. They include:
Once a complaint is made, the Investigating Officer will commence an investigation of it as soon as practicable, but generally not later than seven (7) days after the complaint is made. In general, a trained representative from the Office of Public Safety or Human Resources will conduct this investigation unless an alternate administrative investigation is requested. The purpose of the investigation is to gather all relevant facts from involved parties and provide this information to the hearing officer.
The investigating officer will provide a written summary to the designated hearing officer.
The Investigating Officer may receive counsel from University administrators, the University's attorneys, or other parties as needed.
In certain narrow circumstances, the Investigating Officer may commence an investigation even if the complainant requests that the matter not be pursued. In such a circumstance, the Investigating Officer will take all reasonable steps to investigate and respond to the matter in a manner that is informed by the complainant's articulated concerns.
The investigation of anonymous complaints or reports by confidential sources may be restricted to documenting when, where and under what circumstances the reported misconduct occurred for inclusion in the university's Annual Safety Report.
The role of the hearing officer is to review the content of the investigation and determine whether it is more likely than not that the alleged behavior occurred and, if so, whether it constitutes sexual misconduct. The Hearing Officer will review the statements and evidence presented and may, depending on the circumstances, interview the complainant(s), respondent(s), others with relevant knowledge, review documentary materials, and take any other appropriate action to gather and consider information relevant to the complaint.
During the course of the hearing, the Hearing Officer may receive counsel from University administrators, the University's attorneys, or other parties as needed.
At the conclusion of the hearing the Hearing Officer will prepare a written report. This document will explain the scope of the investigation, identify findings of fact, incorporate the hearing officer's findings, and state whether any allegations in the complaint were found to be substantiated by a preponderance of the evidence resulting in a policy violation.
If it has been determined that sexual misconduct occurred, the Hearing Officer or designee shall set forth in an addendum to the written report those steps necessary to maintain an environment free from discrimination and harassment and to protect the safety and well-being of the complainant and other members of the University Community (See Section 7.g "Remediation"). Such actions will also include reasonable steps to correct the effects of such conduct on the complainant and others and to prevent the recurrence of discrimination, harassment, and retaliation. Sanctions, remediation and other appropriate actions are discussed more below. In complaints involving university employees, this may involve coordination with complainant and respondent supervisors.
The Title IX Coordinator or a Deputy Title IX Coordinator will provide written notification of the outcome of the investigation to the complainant and the respondent generally within five (5) days of its completion.
The written determination shall be final subject only to the right of appeal set forth in Section 8, below.
The University will carefully review each incident on an individual basis. The specifics of the incident, will determine the severity of the sanctions imposed. The university reserves the right to impose various sanctions, ranging from verbal warning to expulsion or termination of employment, depending on the severity of the offense. Additional sanctions imposed for violation of the University's Sexual Misconduct Policy may include, but are not limited to, removing the assailant from class, banning the assailant from certain buildings, or temporary suspension of their student or employee status, depending on the severity of the offense.
If the Respondent is found in violation of the sexual misconduct policy, sanctions that directly relate to the complainant (but that may also relate to eliminating the hostile environment and preventing recurrence) include, but are not limited to,
If a respondent is found to have violated policy, the university will protect the educational interests of the complainant by taking timely and effective action tailored to the specific situation to stop the harassment, eliminate the hostile environment, and remedy its effects. UCM recognizes that remediation involves more than just sanctioning perpetrators of sexual misconduct.
While protecting the complainant's privacy, the University will coordinate its system-wide response (public safety, housing, academic support, counseling, etc.) to ensure complainant safety.
In cases where UCM is taking steps to separate the complainant and alleged perpetrator, the university will minimize the burden on the complainant.
Additional remediation for complainants may include:
Additional remediation for the campus community may include:
Grounds of Appeal
The complainant or respondent may appeal the determination of a complaint only on the following grounds:
Method of Appeal
Appeals must be filed with the Vice Provost for Student Experience and Engagement ("Appellate Officer") within ten (10) days of receipt of the written report determining the outcome of the complaint. The appeal must be in writing and contain the following:
The appellant may request a meeting with the Appellate Officer, but the decision to grant a meeting is within the Appellate Officer's discretion. However, if a meeting is granted, then the other party will be granted a similar opportunity.
Resolution of the Appeal
The Appellate Officer will resolve the appeal generally within fifteen (15) days of receiving it and may take any and all actions that he/she determines to be in the interest of a fair and just decision. The decision of the Appellate Officer is final. The Appellate Officer shall issue a short and plain, written statement of the resolution of the appeal, including any changes made to the Investigating Officer's previous written determination. The written statement shall be provided to the complainant, respondent, and the Title IX Coordinator generally within five (5) days of the resolution.
Because the University recognizes that the prevention of sexual misconduct, as well as domestic violence, dating violence, and stalking, is important, it offers educational programming to a variety of groups such as: campus personnel; incoming students and new employees participating in orientation; and members of student organizations. Among other elements, such training will cover relevant definitions, procedures, and sanctions; will provide safe and positive options for bystander intervention; and will provide risk reduction information, including recognizing warning signs of abusive behavior and how to avoid potential attacks. To learn more about education resources, please contact the Title IX Coordinator.
These prevention and education programs are created in consultation with local, State, and national sexual assault, dating violence, domestic violence, and stalking victim advocacy, victim services, or prevention organizations, and local law enforcement.
To learn more about these resources, please contact the Title IX Coordinator.
Beginning in July 2013, all new students received online training on issues related to Title IX. Beginning in March 2014, all new employees also received Title IX training. These training are supplemented by ongoing, in-person training throughout the year for various populations and groups including campus leadership and responsible employees.