About Piedmont University

Academic Calendar

This catalog describes an academic calendar for Piedmont University that consists of two 15-week semesters and one 8-week summer semester. The requirements in this catalog apply to students entering Piedmont in the 2022-2023 academic year (Fall 2022, Spring 2023, Summer 2023). An official copy of the academic calendar can be found on the Piedmont University website at www.piedmont.edu/registrar/academic-calendars/

Piedmont University reserves the right to change the modality of instruction (traditional, hybrid, online) at any time and without any financial adjustment to fees charged.

Accreditation

Piedmont University is accredited by the Southern Association of Colleges and Schools Commission on Colleges (SACSCOC) to award baccalaureate, masters, specialist, and doctoral degrees. Degree-granting institutions also may offer credentials such as certificates and diplomas at approved degree levels. Questions about the accreditation of Piedmont University may be directed in writing to the Southern Association of Colleges and Schools Commission on Colleges at 1866 Southern Lane, Decatur, GA 30033-4097, by calling (404) 679-4500, or by using information available on SACSCOC’s website (www.sacscoc.org).

Normal inquiries about the institution such as admission requirements, financial aid, or educational programs should be addressed to the university and not to the Commission.

All teacher education programs offered by Piedmont University, as they appear in its published catalog, have the approval of the Professional Standards Commission of the State of Georgia, 200 Piedmont Ave SE, Atlanta, Ga. 30334 (404-232-2500) (www.gapsc.com). Authority to recommend for certification rests with the Dean of the College of Education.

The baccalaureate degree program in nursing is approved by the Georgia Board of Nursing and accredited by the Accreditation Commission for Education in Nursing (ACEN) Inc., 3343 Peachtree Road NE, Suite 850, Atlanta GA 30326, (800-669-1656) (www.acenursing.org).

The Piedmont University Athletic Training Program is accredited by the Commission on Accreditation of Athletic Training Education (CAATE), 2001 K Street, NW, Washington, DC, 20006.

The Walker College of Business is nationally accredited by the Accreditation Council for Business Schools and Programs (ACBSP), 11520 West 119th Street, Overland Park, Kansas 66213 (913-339-9356) (www.ascsp.org) for undergraduate and graduate business programs.

For information regarding the procedure for obtaining or reviewing documents describing accreditation, approval, or licensing, please contact the following office: Office of the Vice President for Academic Affairs – 706-778-3000.

Academic Partnerships

LCMC/RIZE:

The Lower Cost Models Consortium (LCMC) is a coalition of accredited private colleges and universities committed to making higher education more accessible for all students and sustainable for the long-term. Through this coalition, Piedmont University offers cutting edge majors. The courses are primarily taught by regular Piedmont faculty with some of the coursework taught online through the consortium.

Acadeum:

Acadeum helps colleges and universities establish course-sharing partnerships with like-minded accredited institutions to enhance student success, support academic strategies, address inefficiencies, and boost degree completion.

Non-Discrimination Policy

Piedmont University has a strong institutional commitment to the achievement of diversity within its faculty, staff, and students.

 

It is the policy of Piedmont University not to discriminate in its educational programs, activities, or employment on the basis of sex, gender identity, sexual orientation, physical or mental disability, pregnancy, race, age, religion, color, national or ethnic origin, veteran status, genetic information, or any other category protected by applicable federal, state, or local law.

 

 

Inquiries or complaints from students or employees concerning the prohibition of discrimination on the basis of sex in this statement should be directed to:

 

Coordinator for Title IX, Courtney Snow

Daniel Hall, Room 303D
1021 Central Avenue
PO Box 10
Demorest, GA 30535

(706) 778-8500 ext.1504

titleix@piedmont.edu

 

 

Inquiries or complaints from students, other than on the basis of sex, concerning any of the prohibitions of discrimination in the statement should be directed to:

504 Coordinator, Courtney Snow
Director, Compliance, Equity, and ADA

Daniel Hall, – Room 303D
1021 Central Avenue
P.O. BOX 10
Demorest, GA 30535
(706) 778-8500

csnow@piedmont.edu

 

 

 

 

 

Inquiries or complaints from employees concerning any of the prohibitions of discrimination in this statement should be directed to:

Letitia Roller
Director of Human Resources

Daniel Hall – Room 209C
1021 Central Avenue
P.O. BOX 10
Demorest, GA 30535

(706) 778-8500

hr@piedmont.edu

 

 

 

 

Students and employees may also submit a charge of discrimination to the U.S. Department of Education, Office of Civil Rights:

U.S. Department of Education Office of Civil Rights

400 Maryland Ave., SW

Washington, D.C. 20202-1328

 

1-800-421-3481

Email Address: ocr@ed.gov
Web: https://www2.ed.gov/about/offices/list/ocr/index.html

 

 

 

Employees may also submit a charge of discrimination to the Equal Employment Opportunity Commission:

Equal Employment Opportunity Commission Atlanta District Office

100 Alabama Street, SW, Suite 4R30

Atlanta, GA 30303

1-800-669-4000

Email Address: info@eeoc.gov

Web: https://www.eeoc.gov/

 

Patents, Copyrights, Trade Secrets, and Intellectual Property

The entirety of this policy relates to all Piedmont University faculty, staff, and students.

Individual faculty and staff, on occasion, generate new ideas and concepts that result in marketable products and opportunities. Piedmont University encourages, promotes, and protects the academic research, scholarship, and development of products of its employees. Simultaneously, the university maintains its commitment to stewardship and cultivation of its financial resources. Individual employees may pursue efforts to create commercially marketable products and, in cases where Piedmont University has invested resources, the university may assert a financial interest in such products.

Intellectual property refers to, but is not limited to, patentable inventions, copyrightable works, trademarks, service marks and trade secrets. Examples include but are not limited to artistic works, musical compositions, computer programs and software, theater scripts, and the like.

Products resulting from creative and scholarly pursuits, culminating in a patent, copyright, trade secret, or intellectual property convey ownership rights to the individual and/or the institution, depending on several factors.

A. Sponsorship: If an outside private (i.e., not state or federally funded) agency funds an activity that results in a product, unless the sponsorship agreement between the individual, the sponsor, and the institution states otherwise, such product will be owned by the institution.

B. Institution work: If a product is developed during the course and conduct of institution- assigned work, the institution owns the product. Income, defined as net revenue after all personal and institutional expenses have been paid, from such property shall be shared between the individual and the institution at the following rate: All income up to the first $8,000 goes to the individual. This amount will be divided equally if more than one individual exists. Remaining income is divided with one-third to the individual and two-thirds to the institution.

C. Institution-assisted work: When institution resources assist and support individual employees in the generation of an income producing product, income shall be shared between the individual and the institution at a rate of 45 percent of net revenue to the institution. Institutional support and assistance may include use of office and laboratory space, technology, access to library, and support staff, and institution-paid time within the employment period. Ownership of institutional assisted work is in the institution.

D. Individual employee work: Any product developed by an individual employee that uses no institution resources, contains no sponsorship agreement, and is unrelated in any way to institution-assigned work, shall be the sole ownership of the individual employee. It is the individual’s responsibility to demonstrate the total independence of the work.

E. Intellectual property rights of students: Intellectual property rights belong to the students who create the work. This includes work that has been created to meet course requirements using university resources whether or not the student has paid tuition or fees for the course. However, work that is created by students as part of their student employment belongs to the university, as do the subsequent intellectual property rights.

F. Disputes: Any disputes about ownership of products shall be directed to the President.

Copyright Infringement Policies and Sanctions

1. File Sharing and Copyright Many scholars and music artists rely on copyright to protect their intellectual property. "Peer-to-peer" (P2P) file sharing applications have made it easy for Internet users to share files with one another. There are many legitimate uses of P2P file sharing, such as updates and software purchases. However, P2P file sharing applications are also used to share copyrighted material such as songs, movies, software applications, and games without permission. If you upload or distribute copies you make of copyrighted works, or download or acquire unlicensed copies of copyrighted works, you may be infringing someone else’s rights. Although using P2P file sharing technology is not in itself illegal, if you share copyrighted material without permission -even unwittingly -- you are breaking both the law and university policy and could be subject to university, civil, and/or criminal sanctions.

2. Summary of Civil and Criminal Penalties for Violation of Federal Copyright Laws The Department of Education publishes in the Federal Student Aid Handbook a summary of the civil and criminal penalties for violation of federal copyright laws:

a. Copyright infringement is the act of exercising, without permission or legal authority, one or more of the exclusive rights granted to the copyright owner under section 106 of the Copyright Act (Title 17 of the United States Code). These rights include the right to reproduce or distribute a copyrighted work. In the file-sharing context, downloading or uploading substantial parts of a copyrighted work without authority constitutes an infringement. Penalties for copyright infringement include civil and criminal penalties. In general, anyone found liable for civil copyright infringement may be ordered to pay either actual damages or "statutory" damages affixed at not less than $750 and not more than $30,000 per work infringed. For "willful" infringement, a court may award up to $150,000 per work infringed. A court can, in its discretion, also assess costs and attorneys' fees. For details, see Title 17, United States Code, Sections 504 and 505. Willful copyright infringement can also result in criminal penalties, including imprisonment of up to five years and fines of up to $250,000 per offense. For more information, please see the website of the U.S. Copyright Office at www.copyright.gov.

b. Disciplinary action, including loss of use of the University information technology systems up to and including expulsion from the University or employee termination could result from violations of these policies. Piedmont University informs students regarding copyright infringement and academic integrity though each class instructor and is included on all syllabi. The university’s statement can be found at the link below:

Piedmont University - Patents, Copyrights, Trade Secrets, and Intellectual Property (smartcatalogiq.com)

Private Property Rights

Georgia law provides the owners of private property with the right to regulate the possession of firearms. Students, faculty, staff, and the general public are forbidden from having firearms, fireworks, explosives or explosive devices, or other weapons on university property. This includes the storage of such devices in automobiles parked on university property. Exception is made for licensed public safety officials in the employ of the university and for licensed public safety officers from other jurisdictions who are on university property in the discharge of their official duties.

Student Complaints

A. Student Complaints:  Students who have a concern or complaint may pursue such grievance by submitting it in writing according to the procedure listed below. 

Academic:

(Note: If the issue is related to a Grade Appeal, please see the Grade Appeals policy.)

1. Any student filing a complaint must first attempt to resolve it by consulting with the involved faculty or staff member.
2. Concerns related to a faculty or staff member that cannot be resolved between the two parties should be presented to the department chair. 
3. If the concern cannot be resolved by the department chair or is related to the department chair, the complaint should be filed with the dean of the college. 
4. Academic resolutions made by a dean are considered final unless the complaint is related to the dean of the college. In such case, the complaint should be filed with the Vice President for Academic Affairs.
5. If the concern cannot be resolved by or relates to the Vice President for Academic Affairs, appropriate written documentation should be presented to the President of the University.

Non-Academic:

1. Any student with a complaint must first attempt to resolve it by consulting with the involved staff member or office.
2. Concerns related to a staff member or office that cannot be resolved between the two parties should be discussed with the respective director or dean of the unit.
3. Resolutions made by a director or dean are considered final unless the complaint is related to the director or dean.  In such case, the complaint should be filed with the Vice President for responsibility over the unit.
4. Should the concern not be resolved by or is related to the Vice President, appropriate documentation should be presented in writing to the President of the University.

B. Discrimination and Harassment:  Piedmont University is committed to creating and sustaining an educational and working environment free of discrimination and harassment of all types.  Any complaints regarding discrimination or harassment should be reported to the Title IX Coordinator at titleIX@piedmont.edu.  An Anonymous Tip Line is also provided on the Campus Safety website as a means by which students, faculty, staff or community members may relay information anonymously for investigation. 

C. Complaints against the Institution:  By Executive Order from the Governor of the State of Georgia, the Georgia Non-Public Postsecondary Education Commission is designated as the state agency responsible for receiving complaints made by students enrolled in private postsecondary institutions. (Contact information: Georgia Non-Public Postsecondary Education Commission, 2082 East Exchange Place Suite 220, Tucker, Georgia 30084-5305. Office: (770) 414-3300.)

Concerns or complaints relating to compliance or accreditation should be addressed to the Southern Association of Colleges and Schools Commission on Colleges at 1866 Southern Lane, Decatur, Georgia 30033.  Office: (770-679-4500).

Student Responsibility

Information in this catalog is accurate as of the date of publication. Piedmont University reserves the right to make changes in policies, regulations, and charges giving due notice in accordance with sound academic and fiscal practice. It is the responsibility of students to be informed about regulations and procedures as stated in this catalog. While advisors, faculty members, and academic deans are available to assist students in meeting degree requirements, students have the primary responsibility of being familiar with and completing their chosen course of study.

Title IX Policies and Procedures

Title IX Policies and Procedures

Sexual Misconduct Policy

Effective August 26, 2022

 

Policy Statement

Piedmont University (“Piedmont” or the “University”) has policies and procedures in place regarding the receipt, investigation, and resolution of complaints of discrimination, including sex and gender identity discrimination. The University has enacted this Sexual Misconduct Policy (the “Policy”) to reflect and maintain its institutional values and community expectations, to provide for fair and equitable procedures for determining when this Policy has been violated, and to provide recourse for individuals and the community in response to violations of this Policy.

 

I. Title IX Non-Discrimination Policy

This Policy prohibits all forms of sexual harassment and discrimination, gender-based, harassment and discrimination, and sexual assault, domestic violence, dating violence, and stalking. This Policy also prohibits retaliation against a person who reports, complains about, or who otherwise participates in good faith in any matter related to this Policy. All of the foregoing conduct shall be referred to as “Prohibited Conduct.”

It is the policy of Piedmont University not to discriminate in its educational programs, activities, or employment on the basis of sex, gender identity, sexual orientation, physical or mental disability, pregnancy, race, age, religion, color, national or ethnic origin, veteran status, genetic information, or any other category protected by applicable federal, state, or local laws.

Piedmont University does not discriminate on the basis of sex in its educational, extracurricular, athletic, or other programs or in the context of employment. Sex discrimination is prohibited by Title IX of the Education Amendments of 1972, a federal law that provides:

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.

Sexual harassment is also prohibited under Title IX and Title VII of the Civil Rights Act of 1964, and other applicable statutes. This Policy prohibits sexual harassment against Piedmont community members of any sex in the context of education or employment. This Policy also prohibits gender-based harassment that does not involve conduct of a sexual nature. Sexual harassment cases involving two employees will be handled through the Title IX process or Title VII of the Civil Rights Act depending on the alleged Prohibited Conduct.

Upon receipt of a Formal Complaint, the University will take prompt and equitable action to eliminate the Prohibited Conduct (if any), prevent its recurrence, and remedy its effects. In addition, the University will fulfill its obligations under the Violence Against

Women Reauthorization Act of 2013 (“VAWA”) amendments to the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (“Clery Act”) in

response to reported Prohibited Conduct. Students, employees, or third parties who are found to have violated this Policy may face disciplinary action up to and including expulsion (students) or termination of employment or contractual relationship (employees or third-party contractors).

 

II. Scope of Policy

This Policy applies to all reports of Prohibited Conduct formally reported on or after the effective date of this Policy. The date of formal reports that precedes the effective date shall use the Policy in existence at the time of the report. At the time of adoption of the revised Policy, the process under the revised Policy will apply.

When used in this Policy, “Complainant” refers to an individual who is alleged to be the victim of conduct that could constitute sexual harassment. “Respondent” refers to an individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment. A “Third-Party” refers to any other participant in the process, including a witness or an individual who makes a report on behalf of a Complainant.

The process begins with a Formal Complaint filed by a Complainant or signed by the Title IX Coordinator alleging sexual misconduct against a Respondent and requesting that the University investigate the allegation of sexual misconduct.

At the time of filing a Formal Complaint, a Complainant must be participating in or attempting to participate in the education program or activity of the University.

A possible violation of the Sexual Misconduct Policy is handled through an administrative process. A Complainant may also pursue criminal or civil legal recourse concurrently. One is not dependent upon another.

A. Persons Covered by the Policy

This Policy applies to all Piedmont community members, including students, faculty, administrators, staff, volunteers, vendors, contractors, visitors, and individuals regularly or temporarily employed, conducting business, studying, living, visiting, or having any official capacity with the University or on its property.

B. Locations Covered by the Policy

This Policy applies to the University’s educational programs or activities which includes locations, events, or circumstances over which the University exercises substantial control over both the Complainant and Respondent and the context in which the sexual harassment occurs.

i. On-Campus Conduct.

This Policy applies to conduct that occurs on-campus, including conduct which occurs on property owned or controlled, leased, or managed by the University. Policy also applies to any building owned or controlled by a student organization that is officially recognized by the University.

ii. University Programs.

This Policy applies to conduct that occurs in the context of University employment or education programs or activities, including, but not limited to, internship programs or Athletic travel.

iii. Off-Campus Conduct.

This Policy applies to all conduct that occurs on University premises and at University-sponsored activities. The University also has the discretion to discipline a student for conduct that occurs off campus, if that conduct adversely affects the Piedmont community and/or the pursuit of its objectives. The Vice President for Student Life and Leadership, in their sole discretion and on a case-by-case basis, decides whether campus proceedings should be initiated against a student for conduct occurring off campus and refer to the appropriate office.

 

III. Definitions

This section defines specifically prohibited types of conduct based on sex or gender including sex or gender-based harassment and discrimination and sexual misconduct.

A. Sexual Harassment means conduct on the basis of sex that satisfies one or more the following points:

i. An employee of the University conditioning the provision of an aid, benefit, or service of the University on an individual’s participation in unwelcome sexual conduct (also known as Quid Pro Quo harassment)

ii. 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 University’s education program or activity. (also known as Hostile Environment)

iii. Sexual Assault (defined below); or Dating Violence (defined below); or Domestic Violence (defined below) or Stalking (defined below).

Both women and men may be sexually harassed. Sexual harassment may occur between males and females and between persons of the same gender. Both subordinates and co- workers may be victims of sexual harassment. While a co-worker does not have the direct ability to hire or fire another co-worker, the person may influence a job evaluation or create an intolerable working environment which may be handled through the Title IX process or Title VII of the Civil Rights Act.

Sexual harassment may be physical and/ or verbal in nature. Conduct that may be considered sexual harassment include, but is not limited to the following examples of Sexual Harassment:

· Unwanted sexual advances or comments

· Inappropriate or unwelcome touching of a person’s body

· Implied or overt threats of punitive employment or academic actions as a result of rejection of sexual advances

More subtle incidents may also be considered sexual harassment. Examples of more subtle sexual harassment include, but, are not limited to the following:

· Sending sexually-oriented texts, emails, or voice mails

· Sexual jokes

· Repeatedly asking for a date when the person has declined

· Display of sexually-oriented cartoons, objects, posters

· Indirect sexual innuendo such as voice inflection when complimenting appearance or gazing at parts of the body other than the face

B. Gender-Based Harassment means harassment based on sex, gender identity, or gender expression, which may include acts of aggression, intimidation, or hostility, whether verbal, physical, graphic, or otherwise. To qualify as Gender-Based Harassment, the conduct need not involve conduct of a sexual nature.

Harassing conduct can take many forms. The determination of whether an environment is hostile is based on the totality of the circumstances, including but not limited to:

· The frequency of the conduct;

· The nature and severity of the conduct;

· Whether the conduct was physically threatening;

· The effect of the conduct on the Complainant’s mental or emotional state, with consideration of whether the conduct unreasonably interfered with the Complainant’s educational or work performance and/or University programs or activities;

· Whether the conduct was directed at more than one person;

· Whether the conduct arose in the context of other discriminatory conduct; and

· Whether the conduct implicates concerns related to academic freedom or protected speech.

A single isolated incident may create a hostile environment if the incident is sufficiently severe, particularly if the conduct is physical.

C. Sexual Assault means an offense classified as a forcible or non-forcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation, as defined in 20 U.S.C. 1092(f)(6)(A)(v). Sexual intercourse includes vaginal or anal penetration, however slight, with a body part (e.g., penis, tongue, finger, hand) or object, or oral penetration involving mouth to genital contact.

D. Crime Definitions from the National Incident-Based Reporting System (NIBRS) User Manual (From the Federal Bureau of Investigation Uniform Crime Reporting Program Sex Offenses)

i. Fondling - 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.

ii. Forcible – Any sexual act directed against another person, without the consent of the victim including instances where the victim is incapable of giving consent.

iii. Forcible Rape (Except Statutory Rape – The carnal knowledge of a person, forcibly and/or against that person’s will or not forcibly or against the person’s will in instances where the victim is incapable of giving consent because of his/her temporary or permanent mental or physical incapacity.

iv. Forcible Sodomy – Oral or anal sexual intercourse with another person, forcibly and/or against that person’s will or not forcibly or against the person’s will in instances where the victim is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental or physical incapacity.

v. Incest - Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.

vi. Sexual Assault with an Object – To use an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, forcibly and/or against that person’s will or not forcibly or against the person’s will in instances where the victim is incapable of giving consent because of his/her youth or because of his/her temporary of permanent mental or physical incapacity.

vii. Sex Offenses, Nonforcible (Except Prostitution Offenses) Unlawful, nonforcible sexual intercourse.

viii. Statutory Rape - Sexual intercourse with a person who is under the statutory age of consent. (https://www.law.cornell.edu/cfr/text/34/appendix-A_to_subpart_D_of_part_668)

E. Domestic Violence includes felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other person against an adult or youth victim (ages 11-24) who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction. [34 USC 12291(a)(8)]

F. 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.

· [34 USC 12291(a)(10)]

G. 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. [34 USC 12291(a)(30)]

 

IV. Retaliation

No recipient (the University) or other person may intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by Title IX or this part, 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 part.

Intimidation, threats, coercion, or discrimination, including 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 formal complaint of sexual harassment, for the purpose of interfering with any right or privilege secured by Title IX or this part, constitutes 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 part does not constitute retaliation prohibited under paragraph (a) of this section, provided, however, that a determination regarding responsibility, alone, is not sufficient to conclude that any party made a materially false statement in bad faith.

The University will take immediate and responsive action to any report of retaliation and will pursue disciplinary action as appropriate. An individual reporting Prohibited Conduct is entitled to protection from any form of retaliation following a report that is made in good faith, even if the report is later not proven.

 

V. Additional Policy Definitions

This section defines other terms used within the Policy that are not previously defined as Prohibited Conduct.

A. Advisor for the purposes of this Policy means any person of the Respondent or the Complainant’s choosing to serve as the Advisor for the Title IX process. This person may be an attorney, but does not have to be. The Advisor has specific responsibilities and requirements for participation in the process which are outlined in the section on Rights of the Respondent and Complainant. .

B. Business Day(s) refers to a Business Day or Business Days in which the University is open for business. This is generally Monday through Thursday, from 8:00 a.m. until 5:00 p.m. and Friday, from 8:00 a.m. until 2:00 p.m. and excludes weekends, holidays, designated closures including but not limited to weather delays and closures.

C. Consent for the purposes of this Policy means that agreement to an activity is knowingly and freely given and communicated, through words or actions, to create a mutual understanding regarding the conduction of sexual activity.

Elements of consent include; but are not limited to:

i. Consent is not valid when it involves:

a. Physical force, threats, or intimidation;

b. Minors under the age of consent,

c. Persons whose mental disabilities prohibit sound judgment;

d. Persons physically or mentally incapacitated, either voluntarily or involuntarily, as a result of alcohol or other drug consumption; and

e. Individuals who are unconscious, unaware, or otherwise physically incapacitated.

ii. Silence cannot be interpreted as consent.

iii. Lack of consent may also be communicated through the use of non-verbal expressions or actions indicating resistance.

iv. Consent may be withdrawn at any time.

v. Past consent to sexual activity with another person does not imply ongoing future consent with that person or consent to that same sexual activity with another person.

vi. Whether a person has taken advantage of a position of influence over another person may be a factor in determining consent.

D. Force means the use or threat of physical violence to overcome an individual’s freedom of will to choose whether or not to participate in sexual activity or provide consent. Consent obtained by force is not valid.

For the use of force to be demonstrated, there is no requirement that a Complainant resist the sexual advance or request. However, evidence of resistance by the Complainant will be viewed as a clear demonstration of a lack of consent.

E. Coercion means the improper use of pressure to compel another individual to initiate or continue sexual activity against that individual’s will. Consent cannot be obtained through coercion.

Coercion can include a wide range of behaviors, including intimidation, manipulation, threats, and blackmail. A person’s words or conduct are sufficient to constitute coercion if they wrongfully impair another individual’s freedom of will and ability to choose whether or not to engage in sexual activity.

Examples of coercion include, but are not limited to:

· Threatening to out someone based on sexual orientation, gender identity, or gender expression or

· Threatening to harm oneself if the other party does not engage in the sexual activity. or

· When someone indicates, verbally or physically, that they do not want to engage in a particular sexual activity, that they want to stop a particular activity, or that they do not want to go past a certain point of sexual interaction, continued activity or pressure to continue beyond that point can be coercive.

The University will evaluate the following in determining whether coercion was used:

§ The frequency of the application of pressure,

§ The intensity of the pressure,

§ The degree of isolation of the person being pressured, and

§ The duration of the pressure.

 

F. Incapacitation means a physical or mental state in which an individual cannot make an informed and rational decision to engage in sexual activity because of a lack of conscious understanding of the fact, nature, or extent of the act (e.g., to understand who, what, when, where, why, or how of the sexual interaction) and/or is physically helpless. Examples of incapacitation include, but are not limited to, individuals who:

· Are asleep; or

· Are unconscious; or

· Are unaware that sexual activity is occurring; or

· Cannot understand the nature of the activity or communicate due to a mental or physical condition; or

· Are under the influence of alcohol, drugs or other medication. Consumption of alcohol or other drugs alone is insufficient to establish incapacitation.

The impact of alcohol and drugs varies from person to person, and evaluating incapacitation requires an assessment of how the consumption of alcohol and/or drugs impacts an individual’s:

· Decision-making ability;

· Awareness of consequences;

· Ability to make informed judgments; or

· Capacity to appreciate the nature and the quality of the act.

It shall not be a valid excuse that the Respondent believed that the Complainant affirmatively consented to the sexual activity if the Respondent knew or reasonably should have known that the Complainant was unable to consent to the sexual activity under any of the following circumstances: (a) the Complainant was asleep or unconscious; (b) the Complainant was incapacitated due to the influence of drugs, alcohol, or medication, so that the Complainant could not understand the fact, nature, or extent of the sexual activity; (c) the Complainant was unable to communicate due to a mental or physical condition.

Whether the Respondent reasonably knew or should have known that the Complainant was incapacitated will be evaluated using an objective reasonable person standard. The fact that the Respondent was actually unaware of the Complainant’s incapacity is irrelevant to this analysis. In particular, consent could not occur when:

· The Respondent failed to appreciate the Complainant’s incapacitation or;

· The Respondent failed to take reasonable steps to determine the Complainant’s incapacitation or;

· The Respondent’s own incapacitation (from alcohol or drugs) caused the Respondent to misjudge the Complainant’s incapacity.

It is the responsibility of each Party to be aware of the intoxication level of the other party before engaging in sexual activity. In general, sexual activity while under the influence of alcohol or other drugs poses a risk to all Parties. If there is any doubt as to the level or extent of the other individual’s intoxication, it is safest to forgo or cease any sexual contact or activity.

Being intoxicated by drugs or alcohol is no defense to any violation of this Policy and does not diminish one’s responsibility to obtain consent.

 

G. Privacy means that information related to a report of Prohibited Conduct will only be shared with a limited circle of individuals who “need to know” in order to assist in the assessment, investigation, or resolution of the report. While not bound by confidentiality, these individuals will be discreet and respect the privacy of all individuals involved in the process to the extent permitted by law.

The University is committed to protecting the privacy of all individuals involved in the investigation and resolution of reports and Formal Complaints under this Policy. The University also is committed to assisting students, employees, and third Parties in making informed choices. With respect to any report or Formal Complaint under this Policy, the University will make reasonable efforts to protect the privacy of participants, in accordance with applicable state and federal law, while balancing the need to gather information to take steps to eliminate Prohibited Conduct, prevent its recurrence, and remedy its effects.

 

H. Confidentiality means that information shared by an individual with designated campus or community professionals will not be revealed to any other individual without the expressed permission of the individual.

An individual who seeks confidential assistance may do so by speaking with professionals who have a legally protected confidentiality. (See the section on Resources for how to report confidentially.)

 

I. Official with Authority means any official of the University who has authority to institute corrective measures on behalf of the University. Piedmont University has designated the following positions as Officials with Authority:

· President of the University

· Vice President of Academic Affairs

· Vice President for Student Life & Leadership

· Title IX Coordinator

· Deputy Title IX Coordinator(s)

 

J. Responsible Employee means any employee with the obligation to report sexual harassment or the responsibility to inform a student how to report sexual harassment. The University requires that all Responsible Employees share any report of misconduct with the Title IX Coordinator.

A Responsible Employee is anyone who:

· Has the duty to report to appropriate University officials sexual harassment or any other misconduct by students or employees; or

· A student could reasonably believe has the responsibility to assist them. All University employees who do not have legally protected confidentiality are considered Responsible Employees. The mere ability or obligation to report sexual harassment or to inform a student about how to report sexual harassment, or having been trained to do so, does not qualify an individual as one who has authority to institute corrective measures on behalf of the University.

· A Responsible employee is any employee with supervisory or leadership responsibilities on campus, including, but not limited to, all faculty (full time, part time, and adjunct) Athletic staff (coaches, assistant coaches, trainers, and athletic administrators), administrators (those with responsibilities for administering a program or service); staff members, including SAIL Navigators, MANE Leaders, and Resident Assistants.

K. Complainant means an individual who is alleged to be the victim of conduct that could constitute sexual harassment. (§106.30)

 

L. Respondent means an individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment. (§106.30)

 

M. Third-Party refers to any other participant in the process, including a witness or an individual who makes a report on behalf of a Complainant.

 

N. Formal Complaint means a document filed by a complainant or signed by the Title IX Coordinator alleging sexual harassment against a respondent and requesting that the University investigate the allegation of sexual harassment. (§106.30)

 

VI. Immunity for Victims

Piedmont University encourages the reporting of conduct violations and crimes that occur on campus or against Piedmont students. A victim might be hesitant to report a crime to a University official for fear of being charged with a policy violation themselves (i.e., underage drinking at the time of a sexual assault). It is in the best interest of the Piedmont community that a victim of a crime report the incident to a University official. To encourage reporting, Piedmont University offers victims of crimes, and may offer those who assist victims of crimes, amnesty from University policy violations related to the incident. Such amnesty is given at the discretion of the Vice President for Student Life and Leadership or their designee.

 

VII. Reporting Options and Resources

A. On-Campus Reporting Options

The University strongly encourages all individuals to report any violation of this Policy to the Title IX Coordinator or any University employee who is designated as an Official with Authority. The University recommends that individuals report Prohibited Conduct to any of the following offices or individuals:

· Officials with Authority (See information above.)

· Responsible Employee (See information above.)

· The Title IX Coordinator or Deputy Coordinator (See information below.)

· A Confidential Report (See information below.)

· Piedmont University Police (See information below.)

 

B. Title IX Coordinator and Deputy Coordinators

Piedmont University has designated the following individuals to serve in official capacity regarding Title IX reporting. The University shall notify, at least annually, students, employees, applicants for admission and employment, the name, title, office address, e-mail address, and telephone number of the Title IX Coordinator. The University shall prominently display on its website the contact information of the Title IX Coordinator.

 

Name	Title IX Position	Office Location	Phone	Email
Courtney Snow	Title IX Coordinator	Daniel Hall, Room 303D	706-778-8500 X1504	csnow@piedmont.edu; titleix@piedmont.edu
Dr. Kimberly Crawford	Deputy Title IX Coordinator	Student Commons 244	706-778-8500 X1050	kcrawford@piedmont.edu

 

The Title IX Coordinator, assisted by Deputy Coordinator, is responsible for the following:

· Ensuring Title IX compliance

· Assessing initial intake reports

· Knowledgeable in University policies and procedures

· Provides information about resources available to both the Complainant and the Respondent

· Assigning appropriate investigators to individual cases

· Identifying the appropriate University policy to resolve the complaint in a prompt and equitable manner

· Tracking and monitoring incidents of sex discrimination and sexual misconduct

· Providing information on options for complaint resolution

· Coordinating education and prevention efforts

· Reporting crimes to the Clery Administrator for reporting in the Annual Security Report (ASR)

· Confidential Reporting on Campus

 

C. Confidential Resources

The confidential resources available to individuals on campus are:

 

Counselor Keyla Stephens Phone: 706-968-6847 Email:kstephens@piedmont.edu Lisa Shurtleff Phone: 706-778-8500 x1259 Email:lshurtleff@piedmont.edu Sean Williamson Phone: 706-778-8500 x1295 Email:swilliamson@piedmont.edu

Campus Minister Rev. Tim Garvin-Leighton Phone: 706-778-8500 X1179 Email:tleighton@piedmont.edu

These confidential resources are not required by current Title IX law to report claims of sexual misconduct without consent. A confidential report is required by state law to notify child protective services and/or local law enforcement of suspected abuse of a minor under the age of 18 years of age. Those in positions designated as Confidential Reports may have a duty to report incidents of sexual misconduct for the purposes of reporting numbers for the Annual Security Report (ASR), but are not obligated to report the details of the incidents including the names of potential complainants or respondents except as required by their license and professional ethics.

 

D. Law Enforcement Reporting Options On and Off Campus

Complainants have the right to notify or decline to notify law enforcement. The University strongly encourages all individuals to seek assistance from law enforcement immediately after an incident of Sexual Misconduct. This is the best option to ensure preservation of evidence and to begin a timely investigative and remedial response. The University will assist any Piedmont community member in securing a safe place to go; assist in arranging for transportation to the hospital should the Complainant need medical care or assistance.; and assist in coordination with law enforcement, and information about on-campus and off-campus resources and options for resolution.

Campus Police have officers on duty twenty-four (24) hours a day. You may report crimes or other emergencies by calling:

Emergency Assistance 911

Local Dispatch (non-emergency) 706-754-7562

Campus Police Office 706-939-1349

 

E. Off-Campus Confidential Reporting Options

i. Rape Response

ariel@raperesponse.com

Gainesville, GA

770-503-7273

 

ii. Circle of Hope

contact@gacircleofhope.org

gacircleofhope.org

Cornelia, GA

706-776-4673

 

iii. Virtual Care Group Online Counseling (https://portal.thevirtualcaregroup.com/tvcg/register)

 

VIII. Supportive Measures

Supportive Measures are non-disciplinary services offered as appropriate, as reasonably available, and without fee or charge to both the Complainant and the Respondent before or after the filing of a Formal Complaint or where no Formal Complaint has been filed. These Supportive Measures are designed to restore or preserve equal access to the University’s education program or activity without unreasonably burdening Complainant and Respondent, including measures designed to protect the safety of all Parties or the University’s educational environment, or deter sexual harassment. The University offers support to Complainants and Respondents through access to the following services:

 

A. Sample Supportive Measures for Students

· Access to counseling services on campus;

· Change in on-campus housing assignment and assistance from University support staff in completing housing relocation;

· Provide academic support services, such as tutoring, extensions of deadlines or other course-related adjustments, class schedules;

· Change in work schedule or job assignment;

· Mutual restrictions on contact between the parties;

· Provide information regarding off-campus services;

· Provide other Supportive Measures as appropriate.

 

B. Sample Supportive Measures for Employees

· Modification of work schedule;

· Mutual restrictions on contact between the parties;

· Changes in work or on-campus housing locations;

· Leaves of absence;

· Increased security and monitoring of certain areas of campus;

· Provide other Supportive Measures as appropriate.

· A Complainant or a Respondent may request a “No-Contact Order” or other protection, or the University may choose to use Supportive Measures at its discretion to ensure the safety of all Parties, the broader University community, and/or the integrity of the process.

The University will maintain the privacy of any Supportive Measures provided under this Policy to the extent practicable and will promptly address any violation of the Supportive Measures put in place. All individuals are encouraged to report concerns about failure of another individual to abide by any restrictions imposed by a Supportive Measures. The University will take immediate and responsive action to enforce a previously implemented restriction if such restriction was violated.

 

IX. Emergency Removal

Nothing in this Policy precludes the University from removing a Respondent from the University’s education program or activity on an emergency basis, provided that the University undertakes an individualized safety and risk analysis, determines 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. This provision may not be construed to modify any rights under the Individuals with Disabilities Education Act, Section 504 of the Rehabilitation Act of 1973, or the Americans with Disabilities Act of 1990.

In the event that an Emergency Removal is enacted, the Respondent has the opportunity to submit in writing a challenge to the emergency removal. The challenge to the emergency removal must contain all information, documentation, and evidence that the Respondent wants to have considered in requesting to remain on campus. The Vice President for Student Life & Leadership will receive the written materials and appoint an Appeals Officer, either the Provost or the Vice President of Administration and Finance. The Appeals Officer is separate from investigators, hearing panel members, and decision-makers. The Appeals Officer will review all materials and determine if the Emergency Removal is in the best interest of the Complainant and/or the Respondent and/or is in the best interest of the safety of the campus community. The Appeal Officer’s decision is final and binding regarding the Emergency Removal.

 

X. Administrative Leave

Nothing in this Policy precludes the University from placing a non-student employee Respondent on administrative leave during the pendency of this process. This provision may not be construed to modify any rights under Section 504 of the Rehabilitation Act of 1973 or the Americans with Disabilities Act of 1990.

 

XI. Educational Programming and Prevention

The University offers a variety of educational programs on Sexual Misconduct aimed at prevention and awareness of sexual assault, stalking, dating violence, and sexual harassment. Students are required to complete an online course on Sexual Misconduct as well as an online course on Alcohol upon entering the University. Other programming includes Sexual Assault and Domestic Violence Awareness Week, Alcohol Awareness, Bystander Intervention education, and Sexual Misconduct Information Sessions during orientation. Employees are required to complete Sexual Misconduct Education online.

 

Piedmont University Grievance Procedures for Resolving Allegations of Sexual Misconduct

 

General Information

The following outlines the procedures the University follows in resolving allegations by a Complainant against a Respondent in violation of the University’s Sexual Misconduct Policy. Complainant and Respondent will be referred to collectively as the “Parties.” This is an administrative process.

Situations in which both Complainant and Respondent are employees of the University may be handled through the processes outlined in the Employee Handbook or through the Title IX process depending upon the alleged Prohibited Conduct.

The Office of Title IX, and the Title IX team, will coordinate resolution of all reports of Prohibited Conduct defined in the Piedmont University Sexual Misconduct Policy.

 

Prohibited Conduct Not Based on Sex

Prohibited Conduct (discrimination, harassment or retaliation) based on protected status other than sex (e.g., race, color, age, disability, veteran status or other classification protected by federal or state law or University policies) is prohibited by other University policies. In the event of such complaints, the University will identify, based upon the allegations, the appropriate office to coordinate resolution of the report.

 

Dismissal of Formal Complaint

If the conduct alleged in the Formal Complaint would not constitute sexual harassment as defined in this Policy even if proved, or did not occur in the University’s education program or activity, or did not occur against a person in the United States, then the University must dismiss the Formal Complaint with regard to that conduct for purposes of sexual harassment under this Policy. However, such a dismissal does not preclude action under another provision of the University’s Code of Conduct for students.

The University may dismiss the Formal Complaint or any allegations therein, if at any time during the investigation or hearing:

1. A Complainant notifies the Title IX Coordinator in writing that the Complainant would like to withdraw the formal complaint or any allegations therein;

2. The Respondent is no longer enrolled or employed by the University; or

3. Specific circumstances prevent the University from gathering evidence sufficient to reach a determination as to the Formal Complaint or allegations therein.

Upon dismissal of the Formal Complaint either required or permitted, the University will promptly send written notice of the dismissal and reasons for the dismissal simultaneously to each Party through email, the University’s official means of communication. Either the Complainant or the Respondent have the right to appeal the decision to dismiss a Formal Complaint.

 

Consolidation of Formal Complaints

The University may consolidate Formal Complaints as to 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 another Party, where the allegations of sexual harassment arise out of the same facts or circumstances.

 

Rights of Respondent and Complainant

· Right to be informed of the process and all available options

· Right to be informed of resources

· Right to Supportive Measures

· Right to a timely investigation

· Right to an Advisor of choice

· Right to review report

· Right to appeal

 

Advisor

Both Complainant and Respondent have the right to have an Advisor of their choice. It is the responsibility of the Complainant and Respondent to communicate with the Advisor regarding allegations, times and dates of meetings, hearings, outcomes and any other information regarding the case. The Investigators, Title IX Coordinator and Deputy Coordinators will not discuss the case with any Advisor. The Advisor may:

· Attend any meeting or hearing with the respective Complainant or Respondent regarding the case, if invited by the respective Complainant or Respondent

· May not participate directly in any meeting involving the case

· May provide advice to the Complainant or the Respondent he/she is advising through quiet conversation or written notes in any meeting related to the case

· May be a member of the University community, but is not required to be.

· May be an attorney, but, is not required to be.

· If a party does not have an advisor present at the Live Hearing, the University must provide without fee or charge to that party, an Advisor of the University’s choice, who may be, but is not required to be, an attorney, to conduct cross- examination on behalf of that party. [§106.45 (b)(6) (i)]

 

Step by Step Process

1. Step by Step Process

 

2. Actual Knowledge

The Title IX grievance process begins with Actual Knowledge. Actual knowledge means notice of sexual harassment or allegations of sexual harassment to the University’s Title IX Coordinator or any Official with Authority who has authority to institute corrective measures on behalf of the University. [§106.30]. The actual knowledge standard is not met when the only official of the University with actual knowledge is the Respondent.

Actual Knowledge may come in the form of a Formal Complaint.

 

3. Intake meeting with Complainant

With or without a Formal Complaint, the Title IX Coordinator must promptly contact the Complainant to discuss the availability of Supportive Measures, consider the Complainant’s wishes with respect to supportive measures, and explain to the Complainant the process for filing a Formal Complaint.

• Address immediate physical safety and emotional well-being needs

• Notify the Complainant of the right to contact law enforcement and seek medical treatment (and the right to decline to do so), and the importance of preservation of evidence

• Notify the Complainant of the right to be assisted by individuals at the University in contacting law enforcement

• Notify the Complainant of confidential and non-confidential reporting options on and off campus

• Provide the Complainant with information about:

o On and off campus resources, including counseling, health, mental health, and victim advocacy;

o The range of Supportive Measures and remedies, including changes to academic, living, transportation, and/or working situations, or other protective measures, which are available to the Complainant and the Respondent regardless of whether the Complainant files a Formal Complaint with the University or other action with local law enforcement.

• Provide an overview of the procedural options and process, including Informal Resolution and Formal Resolution. This overview would include explanation that the Complainant will receive written notice of the date, time, location, participants, and purpose of all hearings, investigative interviews, or other meetings, with sufficient time for the Complainant to prepare to participate.

• Explain that if, in the course of an investigation, the University decides to investigate allegations about the Complainant or the Respondent that are not included in the notice described above, the University will provide notice of the additional allegations to the Parties.

• Provide notice of any provision in the University’s Code of Conduct that prohibits knowingly making false statements or knowingly submitting false information during the grievance process.

• Explain the right to object to the assignment of the Title IX Coordinator, Deputy Title IX Coordinator or Investigators based on bias or conflict of interest within 1 (one)Business Day of a decision to proceed through the process;

• Explain that the student has a right to an Advisor of their choice during the process;

• Assess for pattern of evidence or other similar conduct if possible;

• Explain the University’s immunity/amnesty policy as published above in this document;

• Explain the University’s policy prohibiting retaliation as listed above;

• Respondent is presumed not responsible for the alleged conduct and any determination regarding responsibility is made at the conclusion of the process;

• If the Title IX Coordinator dismisses the Formal Complaint or any allegations therein, both Complainant and Respondent have the right to appeal that decision.

At the Intake Meeting, the Coordinator or Deputy Coordinator will provide the Complainant with the above-listed information in writing. If the Intake Meeting is conducted by a Deputy Coordinator, the meeting report will be submitted to the Coordinator for consideration. As described in the Sexual Misconduct Policy, the Complainant has the right to request that the Title IX Office not share the Complainant’s name (or other identifiable information) with the Respondent, or that the Title IX office take no formal action in response to the report. If the Complainant makes such a request, the Coordinator will balance the request with their dual obligation to provide a safe and nondiscriminatory environment for all University community members, and to remain true to principles of fundamental fairness that require the University to provide the Respondent with notice of the allegations and an opportunity to respond before action is taken against the Respondent.

The Coordinator will make this determination consistent with the following considerations, namely:

1. The seriousness of the conduct;

2. The respective ages and roles of the Complainant and the Respondent:

3. Whether there have been other complaints or reports of Prohibited Conduct against the Respondent; and

4. The right of the Respondent to receive notice and relevant information before disciplinary action is sought.

Should the Coordinator determine that, in response to the Complainant’s request, the University can satisfy its obligations to the Complainant, the University community members, and the Respondent without proceeding through the process described here in, the Coordinator has the discretion to do so.

Absent a request for confidentiality as described above, the Coordinator or Deputy Coordinator will interview the Complainant to gain a basic understanding of the reported Prohibited Conduct. The interview will focus on key facts upon which the Complainant bases the report (i.e., who, what, where, and when) to assess how to proceed. At the conclusion of the Intake Meeting, and if the individual wishes to move forward with a complaint, the Coordinator will make two threshold determinations:

1. Does the Complainant’s report state facts that, if true, could constitute a violation of the University’s Sexual Misconduct Policy?

2. If yes, should the University proceed through Informal Resolution?

The Coordinator will make both threshold determinations as soon as possible after the Intake Meeting with the Complainant and communicate that finding in writing to the Complainant.

 

4. Initial interview with Respondent

The University will provide written notice to Respondent of the allegations of sexual harassment including sufficient details known at the time and with sufficient time to prepare a response before any initial interview.

The Title IX Coordinator or Deputy Coordinator will schedule an initial interview with the Respondent and to discuss the availability of Supportive Measures, consider the

Respondent’s wishes with respect to supportive measures, and explain to the

Respondent the process for resolving a Formal Complaint.

• Address immediate physical safety and emotional well-being needs;

• Notify the Respondent of the right to contact law enforcement and seek medical treatment (and the right to decline to do so), and the importance of preservation of evidence;

• Notify the Respondent of the right to be assisted by individuals at the University in contacting law enforcement;

• Notify the Respondent of confidential and non-confidential reporting options on and off campus;

• Provide the Respondent with information about:

o On and off campus resources, including counseling, health, mental health, and victim advocacy;

o The range of Supportive Measures and remedies, including changes to academic, living, transportation, and/or working situations, or other protective measures, which are available to the Complainant and the Respondent regardless of whether the Complainant files a Formal Complaint with the University or other action with local law enforcement

• Provide an overview of the procedural options and process, including Informal Resolution and Formal Resolution. This overview would include explanation that the Complainant will receive written notice of the date, time, location, participants, and purpose of all hearings, investigative interviews, or other meetings, with sufficient time for the Respondent to prepare to participate;

• Explain that if, in the course of an investigation, the University decides to investigate allegations about the Complainant or the Respondent that are not included in the notice described above, the University will provide notice of the additional allegations to the Parties;

• Provide notice of any provision in the University’s Code of Conduct prohibits knowingly making false statements or knowingly submitting false information during the grievance process;

• Explain the right to object to the assignment of the Title IX Coordinator, Deputy Title IX Coordinator or Investigators based on bias or conflict of interest within 1 (one) Business Day of a decision to proceed through the process;

• Explain that the student has a right to an Advisor of their choice during the process;

• Assess for pattern of evidence or other similar conduct if possible;

• Explain the University’s immunity/amnesty policy as published above in this document;

• Explain the University’s policy prohibiting retaliation as listed above in this document;

• Respondent is presumed not responsible for the alleged conduct and any determination regarding responsibility is made at the conclusion of the process;

• If the Title IX Coordinator dismisses the Formal Complaint or any allegations therein, both Complainant and Respondent have the right to appeal that decision.

 

5. Determining Course of Resolution for the Grievance

As an alternative to Formal Resolution, and only if the Coordinator determines that it is appropriate, the Parties may choose to resolve complaints through Informal Resolution. Informal Resolution must be mutually agreed upon in writing by both parties in any case.

Some complaints that allege harassment may be appropriate for Informal Resolution. The purpose of an Informal Resolution is to stop the inappropriate behavior. The process will not be used to resolve allegations that an employee sexually harassed a student. Sec. 106.45(b)(9). If the Coordinator determines that the Formal Complaint may be resolved appropriately through informal resolution, the Coordinator will ask the Complainant and the Respondent, separately, whether they would agree to pursue resolution of the complaint informally. The parties must voluntarily agree, in writing, to consent to use the Informal Resolution process. Any resolution reached through an informal process will be confirmed in writing and provided to the parties.

 

6. Informal Resolution

An Informal Resolution process cannot begin unless a Formal Complaint is filed. An individual who feels they are being harassed may seek to resolve the matter informally. Examples of informal ways to resolve a complaint of sexual harassment may include:

• A supervisor counsels the accused individual to stop the alleged misconduct; or

• Confronting the harasser face to face; or

• Writing a letter to the harasser; or

• Requesting advice and/or intervention from a Title IX Coordinator or third party.

The main purpose of the Informal Resolution procedure is to stop the inappropriate behavior.

To proceed with Informal Resolution, the University must provide the parties with written notice:

1. Disclosing the allegations, and

2. The requirements of the Informal Resolution process including the circumstances under which the parties could be precluded from resuming a Formal Resolution process arising from the same allegations; and

3. That no party can be required as a condition of enrollment or continuing enrollment, or employment or continuing employment, or enjoyment of any other right, to waive their right to an investigation and adjudication of a Formal Complaint.

Any Party (including the Title IX Coordinator) may terminate the Informal Resolution process at any time up until the Informal Resolution becomes binding. In that event, the Title IX Coordinator will so notify the Parties in writing via official University email and will describe next steps and timeframes for the Formal Resolution. If the Parties reach agreement, the matter is closed. If not, the Parties will proceed with Formal Resolution set forth in the section on Formal Resolution below.

At the conclusion of an Informal Resolution, and upon receipt of official notification via University email, the Complainant and the Respondent have 2 (two) Business Days to change their mind about the resolution of the case. If either the Complainant or the Respondent changes their mind regarding the agreed upon resolution, they must do so in writing and submit it to the Title IX Coordinator. Should the Party’s request not be received in writing (including electronically), or does not submit within 2 (two) Business Days, the informal resolution will be considered final and binding.

7. Formal Resolution

A Formal Resolution process cannot begin unless a Formal Complaint is filed. If the Coordinator determines that the Complainant’s report must proceed through Formal Resolution, the Coordinator will notify both Parties, in writing, of the decision. The

Coordinator’s written notification to the Respondent will state facts sufficient to apprise the Respondent of the nature of the allegations, including, specifically:

1. Complainant’s name

2. Nature of the Report

3. Specific policy violations (example: sexual assault, sexual harassment, retaliation)

4. Date of alleged policy violations

5. Time of alleged policy violations

6. Location of alleged policy violations

7. Brief description of allegations

 

8. Investigation

All investigations will be conducted in a timely and impartial manner. There may be temporary delays of the process and limited extensions of time frame for good cause.

The Parties will be provided written notice of the delay and reasons for such delay.

The Coordinator will select trained investigators, either internal or external, to conduct a reasonable, impartial, and prompt investigation of the complaint. The Coordinator will select Investigators based on several factors, including:

• The Parties involved,

• The complexity of the complaint,

• The need to avoid any potential conflict of interest, and who may best conduct a fair and equitable investigation for all Parties involved.

The Coordinator will notify the Parties, in writing, of the name of the designated Investigators at the time the Coordinator issues the notice of a Formal Resolution process. Both Parties will have 2 (two) Business Days to object to the Investigators selected on the basis of bias or conflict of interest. If either of the Parties objects, the Coordinator will evaluate whether the objection is substantiated. The Coordinator will remove and replace any Investigator the Coordinator finds to have a bias or conflict of interest against either Party. The Coordinator’s decision is final and cannot be appealed.

The Investigators will commence the investigation once the time for the Parties to object to the selected investigators has expired or, if an objection is made, and the Coordinator determines the objection is not substantiated, from the time the Coordinator notifies the objecting party of the determination). The Investigators, in consultation with the Coordinator, will establish a preliminary timeline and process for conducting the investigation and report the timeline to the Parties. The Parties will also be notified in writing of any delays and the new timeline.

 

9. Step One: Fact-Gathering

The Investigators will interview both Parties and relevant witnesses, including fact and expert witnesses, and gather documentary evidence provided by the Parties and any identified witnesses. This evidence will include both inculpatory and exculpatory evidence. The burden of gathering evidence sufficient to reach a determination regarding responsibility rests on the University and not on the Parties.

The Investigators will prepare a summary of each interview (“Interview Summary”). The Investigators will share the Interview Summary with the interviewee. The interviewee will have the opportunity to correct or comment on any statements made in the Interview Summary.

If the interviewee has no corrections to, or comments on, the Interview Summary, the interviewee will sign an acknowledgement that the interviewee has reviewed and agrees that the Interview Summary is accurate. If the interviewee has corrections or comments to the Interview Summary, the interviewee may submit a written response directly to the Investigators within 3 (three) Business Days reflecting any additions or changes which the interviewee believes are necessary to ensure the accuracy of the interviewee’s statement. If no response is received from the interviewee, their Interview Summary may be included in the Investigative Title IX report and will be presumed to be accurate. In all instances where the Investigators include the Interview Summary as an exhibit to a report, the Investigators will also include any response.

The Investigators may use, if available, all of the following, but, are not limited to the following:

• Police Reports

• Video or Audio recordings

• Witness statements

• Campus Reports (scan logs, campus business, required programs completed)

• All other appropriate reports, recordings, etc.

The University cannot access, consider, disclose, or otherwise use a Party’s records that are

made or maintained by a physician, psychiatrist, psychologist, or other recognized

professional or paraprofessional acting in the professional’s or paraprofessional’s

capacity, or assisting in that capacity, and which are made and maintained in connection with the provision of treatment to the Party, unless the University obtains that Party’s voluntary, written consent.

 

10. Step Two: Rebuttal Fact-Gathering

The Investigator may conduct follow-up interviews with both Parties and witnesses based upon testimonial and documentary evidence gathered during Initial Fact- Gathering. The Parties and witnesses can expect that, in these follow-up interviews, the Investigator will seek responses to specific allegations or evidence. To the extent additional material, witnesses or evidence are identified during Rebuttal Fact-Gathering, the Investigator will conduct additional interviews and gather additional evidence.

Rebuttal Fact Gathering may be repeated as necessary to ensure a complete gathering of evidence.

 

11. Step Three: Preliminary Report

1. The Investigators will prepare a Preliminary Report. The Preliminary Report is a written summary of the evidence gathered in the course of the Preliminary Investigation.

2. The Investigators will state specific factual findings in the Preliminary Report (e.g., “Complainant was incapacitated” or “Respondent believed that Complainant was not incapacitated”).

3. The standard for determining each factual finding is Preponderance of Evidence standard. This standard of proof is that the evidence presented during the investigation must be considered to be more likely than not to be factual.

4. The Investigators will not state ultimate findings as to whether the Respondent

has, or has not, violated one or more of the University’s policies.

5. The Investigators will attach as exhibits to the Preliminary Report all Interview Summaries and any documentary evidence gathered as part of the investigation that is directly related to the allegations in the Formal Complaint, including any evidence upon which the University does not intend to rely in reaching a determination regarding responsibility and any inculpatory or exculpatory evidence whether obtained from a Party or other source.

6. When the Investigators determine that the Preliminary Investigation is complete, the Investigators will submit the Preliminary Report to the Coordinator. The Coordinator may require the Investigators to conduct additional investigation; if so, the Investigators will conduct additional investigation consistent with the procedures outlined above.

 

12. Step Four: Notice of Preliminary Investigation Findings and Opportunity to Respond

1. Once the Coordinator has agreed that the Preliminary Investigation is complete, the Coordinator will provide the Preliminary Report to the Parties and Advisor, if any, for review. Neither the Complainant nor the Respondent (or their Advisors, including but not limited to family members and/or legal counsel) may copy, remove, photograph, print, image, videotape, record, or in any manner otherwise duplicate or remove the information provided.

a. The Parties may respond to the Preliminary Report; the Parties will have ten (10) Business Days to submit any response of being notified of their opportunity to review the report. The Parties may respond in one or both of the following ways:

i. The Parties may provide a written response to the Preliminary Report, or any portion of it, including each Interview Summary. The Investigators will consider any written response provided by the Parties in preparing the Investigative Report.

ii. The Parties may submit a written request for additional investigation. Such requests may include, but are not limited to, the following:

1. Request for follow-up interviews

2. Requests for interviews with new witnesses

3. Requests to consider new information

2. If neither of the Parties requests additional investigation, the Investigators will prepare the Final Investigative Report. If either (or both) Parties request additional investigation, the Investigators will review the request(s) in consultation with the Coordinator.

3. The Investigators will conduct the requested additional investigation if the Investigators, in consultation with the Coordinator, determine that the request(s) will assist the Investigators in completing the investigation.

4. The Investigators and Coordinator will assess whether investigation of the additional information requires a substantial deviation from the recommended timeframe for completion of the investigation. If so, the Coordinator will notify the Parties in writing with an anticipated revised timeframe.

5. If the Investigators conduct additional investigations, the Investigator will prepare an Addendum to the Preliminary Report (“Addendum”).

6. The Investigators will submit the Addendum to the Coordinator. The Coordinator may require the Investigators to conduct additional investigation before the Addendum is complete.

 

13. Step Five: Final Investigative Report

1. The Investigators will prepare a Final Investigative Report. The Final Investigative Report consists of the testimonial and documentary evidence from the Preliminary Investigation, the Preliminary Report, the Addendum (if applicable), and all of the Parties’ responses throughout the Formal Resolution proceeding.

2. When the Investigators are satisfied that the Final Investigative Report is complete, the Investigators will submit the Final Investigative. The decision-maker in the case is under an independent obligation to evaluate objectively all relevant evidence and not defer to any recommendations in the Final Investigative Report.

3. The Coordinator will review the Final Investigative Report.

4. The Coordinator will provide to each Party and the Party’s Advisor, if any, a copy of the Final Investigative Report in an electronic or hard copy. Neither the Complainant nor the Respondent (or their Advisors, including but not limited to family members and/or legal counsel) may copy, remove, photograph, print, image, videotape, record, or in any manner otherwise duplicate or remove the information provided.

5. No sooner than 10 (ten) Business Days after sending the Final Investigative Report, the Coordinator will meet individually with the Complainant and the Respondent.

If both Parties wish to resolve the case without an adjudication, the Coordinator can facilitate an Informal Resolution of the Formal Complaint that does not necessitate a full adjudication. The Parties must agree to this Informal Resolution in writing. [106.45(b)(9)] At the conclusion of an Informal Resolution, and upon receipt of official notification via University email, the Complainant and the Respondent have 2 (two) Business Days to change their mind about the resolution of the case. If either the Complainant or the Respondent changes their mind regarding the agreed upon resolution, they must do so in writing and

submit it to the Title IX Coordinator. Should the Party’s request not be received in writing (including electronically), or does not submit within 2 (two) Business Days, the informal resolution will be considered final and binding.

6. If either of the Parties do not wish to participate in the Informal Resolution prior to an adjudication by the hearing panel, the Coordinator will schedule a hearing on the case not less than 10 (ten) Business Days from the meeting to schedule the Live Hearing.

 

14. Step Six: Live Hearing

1. Live Hearings are administrative hearings.

2. Live Hearings will be conducted with all parties physically present in the same geographic location or, at the University’s discretion, any or all parties, witnesses, and other participants may appear at the Live Hearing virtually, with technology enabling participants simultaneously to see and hear each other.

3. The University must create an audio or audiovisual recording, or transcript, of any Live Hearing and make it available to the parties for inspection and review.

4. The Standard of Evidence is Preponderance of Evidence throughout the Title IX Process including Live Hearings.

5. Cross-examination is allowed with specific rules.

a. Decision-maker(s) (Hearing Panel members) can consider statements made by the parties and witnesses during the investigation, emails or text exchanges between the parties leading up to the alleged sexual harassment, and statements about the alleged sexual harassment that satisfy the regulation’s relevance rules, regardless of whether the parties or witnesses submit to cross-examination at the live hearing. The Decision-maker can also consider police reports, Sexual Assault Nurse Examiner documents, medical reports, and other documents even if those documents contain statements of a party or witness who is not cross-examined at the live hearing.

b. Such cross-examination at the Live Hearing must be conducted directly, orally, and in real time by the Party’s Advisor of choice and never by a Party personally, notwithstanding the discretion of the University under Sec. 106.45 (b)(5)(iv) to otherwise restrict the extent to which Advisors may participate in the proceedings. Other than cross-examination, Advisers may not participate in the hearing and may only communicate with the Party whom they advise in the case through whispers or written word.

c. If a Party does not have an Advisor present at the Live Hearing, the University must provide without fee or charge to that Party, an Advisor of the University’s s choice, who may be, but is not required to be, an attorney, to conduct cross-examination on behalf of that Party [§106.45 (b)(6) (i)]

d. Only relevant cross-examination and other questions may be asked of a Party or witness as determined by the hearing panel chair.

e. Before a Complainant, a Respondent, or a witness answers a cross- examination or other question, the decision-maker(s) must first determine whether the question is relevant and explain any decision to exclude a question as not relevant.

f. Questions and evidence about the Complainant’s sexual predisposition or

prior sexual behavior are not relevant, unless such questions and evidence about the Complainant’s prior sexual behavior are offered to prove that someone other than the Respondent committed the conduct alleged by the Complainant, or if the questions and evidence concern specific incidents of the Complainant’s prior sexual behavior with respect to the Respondent and are offered to prove consent.

6. Each Party will receive written notification of the outcome of the Live Hearing. The notification will include the following elements:

a. Determination of responsibility including identification of the allegations which constitute sexual harassment.

b. Procedural steps taken from the receipt of the Formal Complaint through the determination including notifications to the Parties, interviews with the Parties, witnesses, site visits, and methods used to gather information.

c. Findings of fact supporting the determination

d. Conclusions regarding the application of the University’s code of conduct to the facts

e. A statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility, any disciplinary sanctions the University imposes on the Respondent, and whether remedies designed to restore or preserve equal access to the University’s education program or activity will be provided by the University to the Complainant.

f. Description of permissible procedures for appeal

 

15. Order and rules for Live Hearing

1. Introduction

a. Introduction of all Parties, including: Complainant, Respondent, Witnesses, Advisors, Investigators, Hearing Panel, and any Title IX staff.

b. Review of Procedures and reminders about appropriate decorum of those present

2. Presentation of the Final Investigative Report

a. Investigator presents the Final Investigative Report

b. Questions by Hearing Panel of the Investigator

c. Questions by Complainant of the Investigator

d. Questions by the Respondent of the Investigator

3. Presentation of Complainant’s Case

a. Opening Statement by Complainant

b. Questions by the Hearing Panel of Complainant.

c. Cross-examination of Complainant by Respondent’s Advisor. All cross- examination questions must be approved by Hearing Panel chair prior to answering.

d. Statement of Complainant’s Witnesses

e. Questions by the Hearing Panel of Complainant’s Witnesses.

f. Cross-examination of witnesses by Respondent’s Advisor. All cross- examination questions must be approved by Hearing Panel Chair prior to answering.

4. Presentation of Respondent’s Case

a. Opening Statement by Respondent

b. Questions by Hearing Panel of Respondent.

c. Cross-examination of Respondent by Complainant’s Advisor. All cross- examination questions must be approved by Hearing Panel chair prior to answering.

d. Statement of Respondent’s Witnesses

e. Questions by the Hearing Panel of Respondent’s Witnesses

f. Cross-examination of witnesses by Complainant’s Advisor. All cross- examination questions must be approved by Hearing Panel Chair prior to answering.

5. Closing

a. Each Party makes closing statements.

i. Complainant

ii. Respondent

b. Final questions, if any, by the Hearing Panel.

c. Final remarks by Hearing Panel concerning process

6. All parties except for Hearing Panel are dismissed.

7. Hearing panel deliberates in private.

8. Hearing Panel informs the Title IX Coordinator of the determination within 3 (three) Business Days and provides rationale as described above for elements required in the notification to the Parties.

Either Party may appeal the decision within 5 (five) business Days of the decision. The section below outlines the Appeals Process.

 

16. Step Seven: Appeals

Either the Complainant or the Respondent or may appeal the decision of the Hearing Panel within 5 (five) Business Days of the receipt of the decision. Appeals must be in writing and based on one of the following grounds for appeal and the grounds for appeal must be specifically stated in the written appeal.

Grounds for Appeal:

1. New evidence that was not reasonably available at the time of the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter;

2. Procedural irregularity that affected the outcome of the matter; or

3. The Title IX Coordinator, investigator(s), or decision-maker(s) had a conflict of interest or bias for or against the Complainants or the Respondents generally or the individual Complainant or Respondent that affected the outcome of the matter.

An appeal is not to rehear the case, but to review whether any of the above, if present, influenced the outcome of the case.

Appeals for cases arising under this Policy will be heard by an Appeals Officer. The Coordinator will receive the written materials and appoint an Appeals Officer, either the Vice President of Academic Affairs or the Vice President of Administration and Finance.

The Appeals Officer will have access to all documents including, but not limited to:

• Recordings, both audio and video

• Communications, including electronic and non-electronic written documents

• Reports

• Responses to reports

• Addenda

• Other documents associated with the case that are not made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in the professional’s or paraprofessional’s capacity, or assisting in that capacity, and which are made and maintained in connection with the provision of treatment to the Party, unless the University obtains that Party’s voluntary, written consent

If the Appeals Officer determines that a ground for appeal is substantiated, the case will be returned to the Coordinator. Otherwise, the decision of the hearing panel stands.

When a case is returned to the Coordinator, the Coordinator may:

1. Decide to drop the case (e.g., based on insufficient information to believe that a policy violation may have occurred), or

2. Send the case to the original hearing panel for reconsideration, or

3. Send the case to a new hearing panel with the same or different charges, and/or (re)implement any aspect of the disciplinary process. When a case is sent back for a new hearing, it is possible that a different decision (i.e., the decision of responsibility and/or sanctions) may subsequently result.

 

17. Sanctions

The following are possible sanctions which may be assigned after a finding of Responsibility. This list is not exhaustive and may be modified to meet the particular circumstances of any given case.

1. Expulsion: Permanent severance of the student's relationship with the University. This severance includes being barred from campus.

2. Disciplinary Suspension: Temporary severance of the student's relationship with the University for a specified period of time. This may include the student being barred from campus.

3. Limited Suspension: A student may be denied certain privileges for a specified period of time. These privileges may include, but are not limited to, class attendance, housing, parking on campus, participation in extracurricular activities, ID card privileges, access to institutional facilities, and access to the campus.

4. Disciplinary Probation: Notice to the student that any further, major disciplinary violation may result in suspension. Disciplinary probation might also include one or more of the following: the setting of restrictions or the issuing of a reprimand.

5. Reprimand (either oral or written.)

6. Counseling: The committee may require that a Respondent participate in counseling with the campus counselor for issues including, but not limited to, anger management, substance abuse, and extenuating personal circumstances. The Counselor may confirm participation, but not the content of the meetings.

7. Work assignment changed

8. Referral to Human Resources or Academic Affairs for employment action

 

18. Record Keeping

Title IX Records will be maintained for 7 (seven) years [See §106.45 (b)(10)] and in accordance with the University’s Records Retention Policy. Title IX records include:

1. Investigations

2. Determinations

3. Recordings

4. Transcripts

5. Sanctions

6. Remedies

7. Appeals

8. Informal Resolutions

9. Training Materials