Gender-based or sexual misconduct may occur between any individuals or group of individuals of any sexual orientation or actual or perceived gender identity.
The duties and responsibilities of the Administrative Officer include monitoring and overseeing the overall implementation of Title IX compliance at the University, including training, education, communication, and coordination of reports and complaints of discrimination, harassment, and sexual misconduct of for faculty, staff, students, volunteers, and visitors of the University community.
The Administrative Officer may designate other persons to assist with performance of duties as needed. The Administrative Officer will define the specific duties to be performed by any designee, and all designees will receive appropriate training prior to performing duties of the Administrative Officer. For purposes of this policy, references to the Administrative Officer shall include any individual designated by the Administrative Officer to perform his/her duties. The Administrative Officer has discretion to delegate duties to persons internally or from outside the University.
Examples provided in the above paragraphs are intended to be for illustrative purposes only and are not intended to be all inclusive or exhaustive.
Certain individuals can serve as confidential resources and are ethically and legally obligated to keep all information shared with them confidential except in certain circumstances noted below. Though the University encourages students and employees to bring reports of discrimination, harassment, and sexual misconduct to the attention of the Administrative Officer, for further investigation pursuant to these procedures, individuals who wish to maintain confidentiality may contact University Counseling Services at (660) 785-4014. After hours, call the dispatcher at (660) 665-5621 and ask for the crisis counselor. These employees are Confidential Reporters.
Absent the reporting party’s consent and/or situations whether they perceive a serious risk or threat of injury to any person or property, Confidential Reporters are not required to report information learned in the course of a confidential communication to the Administrative Officer for further investigation pursuant to the related Non-Discrimination Complaint Reporting and Resolution Procedure. However, if the information is no learned in the course of confidential communication (for example, behavior observed in class), then a Confidential Reporter has the same obligation as a Mandated Reporter. Furthermore, at the request of the reporting party, Confidential Reporters can assist individuals in contacting the Administrative Officer to report discrimination, harassment, or sexual misconduct. Individual who wish to maintain confidentiality may also speak with off-campus counselors and off-campus members of the clergy and chaplain, all of whom have the right to maintain confidentiality.
Please note that, in some cases, medical and mental health professionals may be required by state law to report certain crimes to law enforcement (e.g. allegations of abuse of a person under 18).
- Given by a person who lacks the mental capacity to authorize the conduct and such mental incapacity is manifest or known to the actor; or
- Given by a person who by reason of youth, mental disease, or defect, intoxication, a drug-induced state, or any other reason is manifestly unable or known by the actor to be unable to make a reasonable judgment as to the nature or harmfulness of the conduct; or
- Induced by force, duress, or deception.
1. A current or former spouse or intimate partner of the victim;
2. A person with whom the victim shares a child in common;
3. A person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner;
4. A person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of the violence occurred;
5. Any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred.
complainant’s) and an objective (reasonable person’s) viewpoint. The determination of whether an environment is “hostile” must be based on all of the circumstances. These circumstances could include:
- The frequency of the conduct;
- The nature and severity of the conduct;
- Whether the conduct was physically threatening;
- Whether the conduct was humiliating;
- The effect of the conduct on the alleged victim’s mental or emotional state;
- Whether the conduct was directed at more than one person;
- Whether the conduct arose in the context of other discriminatory conduct;
- Whether the conduct unreasonably interfered with the alleged victim’s educational or work performance;
- Whether the statement is a mere utterance of an epithet which engenders offense in an employee or student, or offends by mere discourtesy or rudeness;
- Whether the statement or conduct is speech protected by the US Constitution.
Content of Mandated Report to Administrative Officer
Mandated Reporters must report all details that they possess to the Administrative Officer. This includes names of the parties, if known, and all other information in the Mandated Reporter’s possession.
- A description of the alleged violation(s) and applicable polices; A copy of the applicable procedures;
- A statement of the potential sanctions/remedial actions that could result;
- Notification that the Complainant and Respondent may have the assistance of an Advisor of their choosing, throughout the investigation and resolution process, though the Advisor’s attendance throughout the investigation and resolution process is the responsibility of the respective parties; and
- A statement that Retaliation is prohibited.
- Referral and facilitating access for Complainant to counseling and medical services, implementing contact limitations on the Respondent or on all parties;
- Referral of Complainant to victim advocacy and support series on an off-campus;
- Referral of Complainant to academic support services and/or any other services that may be beneficial to the Complainant;
- Adjusting the courses, assignments, and/or exam schedules of the Complainant and/or the Respondent;
- Adjusting the work schedules, work assignments, supervisory responsibilities, supervisor reporting responsibilities and/or work arrangements of the Complaint and/or the Respondent;
- Altering the on-campus housing assignments, dining arrangements, or other campus series for the Complainant and/or Respondent;
- Altering extracurricular activities of the Complainant and/or Respondent;
- Providing transportation accommodations for the Complainant, when reasonably available;
- Informing the Complainant of her/his right to notify law enforcement authorities of the reported incident and offering to help facilitate such a report;
- Suspending, on an interim basis, the Respondent from University housing, classes, the University campus/facilities/events and/or other University activities or privileges for which the Respondent might otherwise be eligible, when the Administrative Officer finds and believes from the available information that the presence of the Respondent on campus would seriously disrupt the University or constitute a danger to the health, safety, or welfare of member of the University community. The appropriate procedure to determine this future status of the Respondent will be imitated within in seven business days.
- In all cases in which an interim suspension is imposed, the Respondent will be given the opportunity to meet with Administrative Officer prior to such suspension being imposed, or as soon thereafter as reasonably possible, to show cause why the suspension should not be implemented.
- At the discretion of the Administrative Officer, when the Respondent is a student, alternative coursework options may be pursued to ensure as minimum an impact as possible on the Respondent.
- The Administrative Officer has sole discretion to implement or stay an interim suspension and to determine its conditions and duration.
- Violation of an interim suspension under this policy will be gourds for expulsion.
- In cases where the Respondent is a campus organization, suspending, on an interim basis, the Respondent organization’s operations, University recognition, access to and use of the University campus/facilities/events and/or all other University activities or privileges for which the Respondent organization might otherwise be eligible, pending the completion of the Complaint resolution process.
- Institute leave from work with or without pay for the Complainant and/or Respondent.
The Administrative Officer will determine which protective measures or interim remedies, if any, are appropriate to each specific case. Factors to consider will be the status of the Complainant and Respondent (student, employee, volunteer or visitor), the particular circumstances, and the misconduct, the University will provide protective measures or interim remedies if the Complainant requests them and they are reasonably available, regardless of whether the Complainant chooses to report the incident to DPS or local law enforcement.
• Unwelcome sexual advances, requests for sexual favors or other verbal or physical conduct of a sexual nature; and
• Submission to such conduct results in favorable educational or employment action; or
• Rejection of such conduct results in adverse educational or employment action.
Any incidents of alleged retaliation should be immediately reported to the Administrative Officer. Any person who engages in such retaliation shall be subject to disciplinary action in accordance with applicable procedures. Examples of prohibited retaliation include, but are not limited to, giving a lesser grade than the student’s academic work warrants because the student filed an a complaint of Prohibited Discrimination, giving lower than justified employment or academic performance appraisals because a person was a witness to an investigation of reported Prohibited Discrimination, and threatening to spread false information about a person for filing a complaint of Prohibited Discrimination.
and Community Standards when a student is found to have violated the Student Conduct Code.
1. Intentional touching of another person’s intimate parts without that person’s consent;
2. Other intentional sexual contact with another person without that person’s consent;
3. Coercing, forcing, or attempting to coerce or force a person to touch another person’s intimate parts without that person’s consent; or
4. Rape, which is penetration, no matter how slight, of (1) the vagina or anus of a person by any body part of another person or by an object, or (2) the mouth of a person by a sex organ of another person, without that person’s consent;
5. Non-forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law; and
6. Non-forcible sexual intercourse with a person who is under the statutory age of consent.
- Invasion of sexual privacy;
- Prostituting another person;
- Taping or recording of sexual activity, without the consent of all participants;
- Going beyond the boundaries of consent to sexual activity (e.g., letting your friends hide and watch you engaging in sexual activity);
- Engaging in voyeurism;
- Knowingly transmitting an STI, STD, venereal disease or HIV to another person;
- Inducing another to expose their genitals.
Sexual exploitation is a form of prohibited discrimination.
- Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when:
- Submission is made an expressed or implied term or condition of employment or status in a class, program, or activity;
- Submission to or rejection of the behavior is used to make an employment or educational decision (such as hiring, promotion or grading a course);
- The conduct may unreasonably interfere with a person’s work or educational performance or creates an intimidating, hostile or offensive environment for working or learning.
Both men and women can be sexually harassed. Sexual harassment can occur between equals, but most often occurs in situations where one person has power over another.
1. “Course of conduct” means two or more acts, including, but not limited to, acts which the stalker directly, indirectly, or through third parties, by any action, method, device, or means follows, monitors, observes, surveils, threatens, or communicates to or about, a person, or interferes with a person’s property;
2. “Substantial emotional distress” means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling; and
3. “Reasonable person” means a reasonable person under similar circumstances and with similar identities to the victim.