These Supportive Measures may include but are not limited to:. The University will act to ensure as minimal an academic impact on the parties as possible. The University will implement measures in a way that does not unreasonably burden the other party.
The University can act to remove a student 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 arising from the allegations of sexual harassment justifies removal and provides the Respondent with notice and an opportunity to challenge the decision immediately following the removal.
The University retains the authority to place an employee Respondent, including a student-employee, on administrative leave, consistent with the University Handbook. Reporting suspected Sexual Harassment is important. The University recognizes that an individual who reports Sexual Harassment may be engaged in under-age drinking or drug use or other prohibited conduct at or near the time of the incident reported.
To encourage reporting under these circumstances, the University will not take disciplinary action against a student reporter, student witness, student Complainant, or student Respondent for their personal use of alcohol or drugs or for other prohibited conduct at or near the time of the incident reported if such violations do not or did not subject other people to harm. Depending on the circumstances, similar consideration may be given to employee reporters, employee witnesses, employee Complainants, and employee Respondents.
Amnesty for any other policy violations will be considered on a case-by-case basis. Those with a disability who desire an accommodation regarding this Policy, including parties and witnesses, may request reasonable accommodations for disclosed disabilities to the Title IX Coordinator. The Title IX Coordinator will not affirmatively provide disability accommodations that have not been specifically requested by the parties, even where the parties may be receiving accommodations in other University programs and activities.
Similarly, those that are in need of interpretive services, should contact the Title IX Coordinator. The University prohibits retaliation against any individual who makes a report, testifies, assists, participates, or refuses to participate in any manner in an investigation, proceeding, or hearing under this Policy.
Specifically, no person may intimidate, threaten, coerce, harass, or discriminate against any individual for the purpose of interfering with any right or privilege secured by Title IX or this Policy, or because the individual has made a report or complaint, testified, assisted, participated, or refused to participate in any manner in an investigation, proceeding, or hearing under Title IX or this Policy. Allegations of retaliation against students are handled in accordance with the normal rules and procedures of the student conduct process, and students alleged to have violated this policy may be charged with Intimidation or retaliation.
Any employee who is alleged to have violated this provision may also be subject to disciplinary action under the Whistleblower Policy. Any person who believes that someone has been subjected to retaliation should promptly contact the Title IX Coordinator. The University understands that some Complainants may seek confidentiality with respect to a report of sexual harassment, including requesting that they not be identified to the Respondent.
Due to the usually private nature of these actions and the need to ensure a fair process for all involved, the University may not be able to pursue charges of sexual harassment unless the Complainant is willing to be identified. However, in cases where there is a witness to the alleged violation, or in cases where pursuing the case is necessary to protect the University community, the University reserves the right to pursue a case to its conclusion.
If the Complainant requests confidentiality or that a report not be pursued, the University will evaluate the request for confidentiality considering its obligation to maintain a safe campus environment for all.
The Title IX Coordinator, in consultation with other University officials, will make the determination. Under these circumstances, the Complainant may have as much or as little involvement in the process as they wish. The Complainant retains all rights under this Policy irrespective of their level of participation.
In cases in which the Complainant requests confidentiality or no formal action and the circumstances allow the University to honor that request, the University will offer Supportive Measures to the Complainant and the community but will not otherwise pursue formal action. If the Complainant elects to take no action, they can change that decision if they decide to pursue a Formal Complaint at a later date.
Formal Complaints that do not on their face state Prohibited Conduct for example complaints alleging discrimination based on pregnancy, different treatment based on sex, or other forms of discrimination or harassment , will not be adjudicated using this Policy but will be referred for review under the Student Rights and Responsibilities or the University Handbook. Upon any dismissal, the University will promptly send written notice of the dismissal and the rationale for doing so simultaneously to the parties.
The dismissal determination of a Formal Complaint or any included allegations may be appealed following the appeals process outlined in this Policy. A Complainant who decides to withdraw a complaint may later request to reinstate it or refile it. The University may consolidate Formal Complaints as to the allegations of sexual harassment against more than one Respondent, or by more than one Complainant against one or more Respondents, or by one party against the other party where the allegations of sexual harassment arise out of the same facts or circumstances.
For complaints involving other University policies, a case-by-case determination will be made regarding adjudication proceedings which will be used in resolving the complaints and whether the complaints should be consolidated. Upon the signing of a Formal Complaint, the University will make a good faith effort to complete the resolution process within a 60 day period, excluding appeal. The timeline may be extended for good cause. The University will notify the parties when a delay is anticipated and the rationale for any extensions or delays as appropriate, as well as an estimate of how much additional time will be needed to complete the process.
In cases where law enforcement directs the University to suspend its investigative efforts while criminal proceedings are pending, the University will cooperate with all investigative efforts and will promptly resume its own investigation or adjudication of the case when permitted to do so. All actions taken to investigate and resolve concerns raised under this Policy shall be conducted in a way that respects the privacy of those involved, to the extent reasonably possible.
The investigator will not discuss the matter with persons other than those involved in, affected by, or having information about the matter, or those necessary to implement the investigative process or the disciplinary procedures under this Policy.
Medical and counseling records, as well as those with a recognized legal privilege are confidential documents that parties will not be required to disclose. If one party chooses to provide written consent regarding disclosure, all parties will have access to those records.
Students and employees may request that directory information on file be removed from public sources by request, in writing, and on an annual basis, to the Registrar for students or Human Resources for employees. Questions regarding confidentiality in a particular case should be directed to the Title IX Coordinator.
In the event that a Formal Complaint is filed, the Complainant and the Respondent will receive a written notification of their rights regarding the adjudication process, to include the following:. Informal resolution is available only after a Formal Complaint has been filed, the Complainant and Respondent have been sent the Notice of Allegations, prior to a determination of responsibility, and if the Complainant and Respondent voluntarily consent to the process in writing.
Informal resolution is not available in cases in which an employee is alleged to have sexually harassed a student.
The Title IX Coordinator will determine whether it is appropriate to offer the parties informal resolution in lieu of a formal investigation of the complaint. In the event that the Title IX Coordinator determines that informal resolution is appropriate, the parties will be provided written notice disclosing: the allegations, the requirements of the informal resolution process including the circumstances under which it precludes the parties from resuming a Formal Complaint arising from the same allegations, provided, however, that at any time prior to agreeing to a resolution, any party has the right to withdraw from the informal resolution process and resume the grievance process with respect to the Formal Complaint, and any consequences resulting from participating in the informal resolution process, including the records that will be maintained or could be shared.
Both parties must provide voluntary, written consent to the informal resolution process. With the voluntary consent of the parties, informal resolution may be used to agree upon disciplinary sanctions. Any person who facilitates an informal resolution will be trained and free from conflicts of interest or bias for or against either party.
Once a Formal Complaint is filed, the Title IX Coordinator will initiate a prompt review of the Formal Complaint to determine the next steps in the grievance process.
If Informal Resolution is preferred, the Title IX Coordinator will determine whether the complaint is suitable for Informal Resolution and seek to determine if the Respondent is also willing to engage in an informal process. Once a Formal Complaint has been filed, the Title IX Coordinator shall provide the Complainant and Respondent with timely written notice of the allegations, including identities of the parties involved in the incident, if known, the date, time, and location of the alleged violation, if known, and the conduct allegedly constituting the violation.
Amendments and updates to the notice may be made as the investigation progresses and more information becomes available regarding the addition or dismissal of various charges.
Following notice to the parties, the Title IX Coordinator will designate an impartial investigator s and coordinate the logistics of the investigation process. Investigations involve interviews with all relevant parties and witnesses; obtaining available, relevant evidence; and identifying sources of expert information, as necessary. No unauthorized audio or video recording of any kind is permitted during investigation meetings.
The Title IX Coordinator will provide regular status updates to the parties throughout the investigation. The Complainant and Respondent shall have the right to submit to the investigator evidence, witness lists, and suggested questions for the other party and witnesses. Evidence that is readily available, but not provided during the course of the investigation, is not considered to be new information and will not be allowed to be submitted at the hearing or as a basis for appeal.
Prior to the conclusion of the investigation, the Complainant and Respondent will be given the opportunity to inspect and review all evidence that is directly related to the Formal Complaint. The parties will have 10 days to submit a written response. If a written response has been submitted, the investigator s will evaluate the information from the parties and may need to conduct further interviews to gather relevant evidence in the case.
Following the evidence inspection and review period, the investigator s shall prepare a written report summarizing and analyzing the evidence, including both evidence indicating the alleged behavior occurred and that it did not occur. The Title IX Coordinator will provide the final investigation report to the parties.
The parties will have 10 days to provide a written response to the final investigative report. At the conclusion of the investigation, if not previously determined, the Title IX Coordinator will make a final determination as to the appropriate adjudication procedures, specifically whether it will proceed under the Title IX Adjudication Proceedings, the non-Title IX Adjudication Proceedings for students, or non-Title IX Adjudication proceedings for employees. At the hearing, the decision-maker have the authority to hear and make determinations on all allegations under this Policy and may also hear and make determinations on any additional alleged policy violations under other University policies that have occurred in concert with the Prohibited Conduct, even though those collateral allegations may not specifically fall within this Policy.
The decision-maker will answer all questions of procedure and the parties will be notified in writing of what University policy violations will be heard at a consolidated hearing and the procedures that will be followed for each alleged policy violation.
At the time it is assigned to adjudication, both the Complainant and Respondent will be notified of the identity of the appointed decision-makers will be given an opportunity to request the removal or recusal of a decision-maker due to a bias or conflict of interest.
A request for removal must state with specificity the grounds for removal. The Title IX Coordinator, or other appropriate university official will make the determination regarding removal. All hearings described in this section apply to the adjudication of Formal Complaints alleging Prohibited Conduct under this Policy that meets the definitional and jurisdictional thresholds of sexual harassment as prescribed by Title IX.
For cases that have been determined to meet the threshold to be adjudicated under the Title IX Adjudication Proceedings, hearings are typically scheduled no less than 10 days following the sending the investigative report to the parties and their advisors.
While the hearing is not intended to be a repeat of the investigation, the parties will be provided with an equal opportunity for their advisors to conduct cross-examination of the other party and of relevant witnesses.
In order to promote a fair and expeditious hearing, The Title IX Coordinator may request that the parties and their advisors attend a pre-hearing conference. The pre-hearing conference assures that the parties and their advisors understand the hearing process and allows for significant issues to be addressed in advance of the hearing. All hearings will be conducted in a live hearing format which means all parties and the decision-maker may be physically present in the same geographic location, or at the request of either party or the University, the parties may be located in separate rooms with technology enabling the decision-maker and parties to simultaneously see and hear the party or the witness answering questions.
At the hearing, the decision-maker is responsible for maintaining an orderly, fair, impartial, and respectful hearing. The Decision-Maker has broad authority to respond to disruptive or harassing behaviors, including taking a break in the hearing, the length of which will be determined by the Decision-maker.
Additionally, the Decision-maker may exclude any offending person. All hearings are closed to the public. A recording will be made by the University, but all other recordings are prohibited.
Any evidence that the decision-maker determines is relevant may be considered. The parties will have the opportunity to present the evidence they submitted, subject to any exclusions determined by the decision-maker. Generally, the parties may not introduce evidence, including witness testimony, at the hearing that they did not identify during the pre-hearing process.
However, the decision-maker has discretion to accept or exclude additional evidence presented at the hearing. In addition, the parties are expected not to spend time on undisputed facts or evidence that would be duplicative. The decision-maker will not require, allow, rely upon, or otherwise use questions or evidence that constitute, or seek disclosure of, information protected under a legally recognized privilege, unless the person holding such privilege has waived the privilege.
The Parties may have an advisor of their choice at the hearing. The advisor is responsible for conducting the cross-examination which includes asking the other party and any witnesses all relevant questions and follow-up questions, including those challenging credibility.
Advisors may not raise objections or make statements or arguments during the live hearing. If a party does not have an advisor, the University will appoint one on behalf of the party free of charge. In this capacity, the advisor will be appointed for the sole purpose of conducting cross examination of the other party and witnesses.
If the decision-maker determines that a question should be excluded as not relevant, they will explain their reasoning. If the Complainant, the Respondent, or a witness informs the school that they will not attend the hearing or will attend but refuse to be cross-examined , the Title IX Coordinator may determine that the hearing may still proceed.
The decision-maker may be allowed to rely on any statement or information provided by a non-participating individual in reaching a determination regarding responsibility. Moreover, the decision-maker may reach a determination regarding responsibility based on evidence that does not constitute a statement by that party.
The decision-maker may also consider evidence created by the party where the evidence itself constituted the alleged prohibited conduct. Such evidence may include, by way of example but not limitation, text messages, e-mails, social media postings, audio or video recordings, or other documents or digital media created and sent by a party as a form of alleged sexual harassment, or as part of an alleged course of conduct that constitutes stalking.
All hearings described in this section apply to the adjudication of Formal Complaints alleging Prohibited Conduct under this Policy that do not meet the definitional or jurisdictional threshold for Title IX cases in which the Respondent is a student.
For example, cases involving behaviors that occur off-campus may be adjudicated in accordance to these proceedings. In order to promote a fair and expeditious hearing, the Title IX Coordinator may request that the parties and their advisors attend a pre-hearing conference. The parties may have an advisor of their choice at the hearing.
The advisor is not allowed to address the hearing panel or question witnesses. No party or witness is required to attend a hearing. However, the decision-maker will be allowed to rely on any statement or information provided by that non-participating individual in reaching a determination regarding responsibility. The decision-makers will deliberate in closed session to determine whether the Respondent is responsible or not responsible for the policy violation s in question.
The decision-makers will make findings of fact and determinations using a preponderance of evidence standard. The decision-makers will reach a decision by majority vote. If the Respondent is found responsible, the decision-makers will determine the appropriate sanctions.
If the decision-makers determine that Respondent is responsible for Sexual Harassment, they will deliberate further to determine appropriate sanctions. The University may implement any of the Supportive Measures outlined above at any time before or after any finding of responsibility. However, disciplinary sanctions and remedies may only be implemented after a finding of responsibility. Such sanctions and remedies may range from verbal warnings or mandatory trainings to employment termination for faculty, administrators, and support staff, and from verbal warnings or mandatory trainings to expulsion for students.
The Title IX Coordinator is responsible for effective implementation of any remedies. Disciplinary actions or consequences can range from a conference with the Respondent and a school official through suspension or expulsion. When a Respondent is found responsible for the prohibited behavior as alleged, remedies must be provided to the Complainant.
Such remedies may include Supportive Measures however, remedies need not be non-disciplinary or non-punitive and need not avoid burdening the Respondent. The Title IX Coordinator is responsible for effective implementation of remedies. Please note that this is not an exhaustive lists of sanctions. Suspension is a matter of permanent record.
A permanent record indicates that student behavior files may be retained indefinitely. If the decision-maker finds an employee responsible, the determination of sanctions and remedies will be made in consultation with Human Resources. As outlined in the University Handbook , disciplinary action may include, but do not necessarily have to include, the following:.
The Complainant and Respondent will be informed concurrently in writing of the outcome normally within ten 10 days after the conclusion of the adjudication process. Both parties will receive written notice of any sanctions imposed on the Respondent, except that in cases of non-violent sexual harassment, the Complainant will only receive notice of any sanctions that relate directly to the Complainant. The written determination shall include the following:. Appeals are available after a complaint dismissal or after a final determination is made.
Appeals can be made based on the following:. Appeals must be submitted in writing to the Title IX Coordinator or designee within 5 days of receipt of written determination or dismissal. Parties will be given an opportunity to submit a written statement in support of or against the final determination made by the decision-makers.
The appellate decision-maker that hears the appeal can take the following actions: affirm the original decision; affirm the original decision of responsibility for some or all of the charges and change the sanction sanction may be reduced or increased ; reverse the original decision of responsibility for some or all of the charges; or remand the matter to the original or new decision-maker for further consideration.
Upon remand, if the original decision-maker affirms its prior decisions regarding responsibility and sanctions, the appellate decision-maker shall continue its review and render a decision on the original appeal s. Except in cases involving the discovery of new evidence, the appellate decision-maker may consider, as appropriate given the grounds for appeal, the hearing record, the appeal letter and response, and the decision and rationale of the hearing panel.
In cases where the appeal is based in whole or in part on a claim of newly discovered evidence, the appellate decision-maker will first determine if the offered evidence was not known at the time of the hearing and if it might impact the decision of responsibility or determination of sanction. If the appellate decision-maker determines that the evidence was not known at the time of the hearing and that it might impact the decision of responsibility or determination of sanction, the appellate body will remand the case to the original decision-maker for review and then will issue a new decision letter taking into account the newly discovered evidence.
The appellate decision is final, and no further appeal is permitted by either party. Members of the University community are expected to respect the rights, dignity, and personhood of others. Any individual who experiences or is affected by discrimination or harassment, whether as a Complainant or a Respondent, may benefit from access to care and support resources through the University and the local community.
The University encourages all individuals to seek the support of and use all available internal and external resources, regardless of when or where any alleged incident occurred. The following is a non-exhaustive list of such resources available to the members of the University community.
Such prevention and awareness programs include a statement that the University prohibits all forms of sexual harassment, definitions of various types of sexual harassment and of consent, safe and positive options for bystander intervention, and information on risk reduction to recognize warning signs of abusive behavior and how to avoid potential sexual violence.
Investigators will also receive training on issues of relevance to create an investigation report that fairly summarizes relevant evidence. Any materials used to train these individuals will not rely on sex stereotypes and will promote impartial investigations and adjudications of Formal Complaints for Prohibited Conduct under this section.
All training materials will be posted on the Title IX website. The Title IX Coordinator oversees the implementation of the Title IX process and acts with independence and authority free from bias and conflicts of interest. Upon receiving a concern of bias or conflict of interest, the Chief Government and Legal Affairs Officer may designate an appropriate person to review and respond regarding the concerns raised, including recommending action to eliminate any bias or conflict of interest that might be found.
Title IX Coordinator may appoint external, independent parties with appropriate training to fill any of the defined roles within this Policy or related procedures. Any external parties retained under this section will agree to abide by all confidentiality provisions set forth within this Policy or related procedures and applicable law.
This policy is not a contract. The University reserves the right to modify the application of these procedures consistent with applicable law to provide, in its discretion, equitable treatment of Complainant and Respondent.
Main navigation Faculty Handbook usi. Breadcrumb Home Sexual Harassment Policy. Prohibited Conduct and Definitions 1. Violations of this policy shall include one or more of the following: Sexual Assault—Rape is defined as 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 Complainant.
Days means business days. Reporting Any member of the USI community who believes that they have experienced sexual harassment, including sexual assault, domestic violence, dating violence, stalking, or sexual exploitation in violation of this Policy is encouraged to report the incident s as soon as possible.
Boulevard Evansville, IN Non-emergency telephone: Emergency telephone: Indiana State Police ISP District 35 Police Post Highway 41 North Evansville, IN Telephone: or While not required, the University strongly encourages anyone who becomes aware of behavior that may constitute a crime to report the incident to local law enforcement.
Petty slights, annoyances, and isolated incidents unless extremely serious will not rise to the level of illegality. To be unlawful, the conduct must create a work environment that would be intimidating, hostile, or offensive to reasonable people. Offensive conduct may include, but is not limited to, offensive jokes, slurs, epithets or name calling, physical assaults or threats, intimidation, ridicule or mockery, insults or put-downs, offensive objects or pictures, and interference with work performance.
Harassment can occur in a variety of circumstances, including, but not limited to, the following:. Prevention is the best tool to eliminate harassment in the workplace. Employers are encouraged to take appropriate steps to prevent and correct unlawful harassment.
They should clearly communicate to employees that unwelcome harassing conduct will not be tolerated. They can do this by establishing an effective complaint or grievance process, providing anti-harassment training to their managers and employees, and taking immediate and appropriate action when an employee complains.
Employers should strive to create an environment in which employees feel free to raise concerns and are confident that those concerns will be addressed. Employees are encouraged to inform the harasser directly that the conduct is unwelcome and must stop. Employees should also report harassment to management at an early stage to prevent its escalation.
The employer is automatically liable for harassment by a supervisor that results in a negative employment action such as termination, failure to promote or hire, and loss of wages.
If the supervisor's harassment results in a hostile work environment, the employer can avoid liability only if it can prove that: 1 it reasonably tried to prevent and promptly correct the harassing behavior; and 2 the employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer. The employer will be liable for harassment by non-supervisory employees or non-employees over whom it has control e.
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