Definitions

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 individuals selected by the Complainant and Respondent to provide support and guidance throughout the Grievance Procedures. Each party is allowed one advisor.
The Administrative Officer is a trained administrator designated by the President or designee to investigate and enforce the University’s Anti-Discrimination Policies. The Administrative Officer serves as the University’s Title IX Coordinator, Section 504 Coordinator, Institutional Compliance Officer, and Chief Equity Officer/Affirmative Action Officer. The Administrative Officer is:

Name: Ms. Jamie Ball, Institutional Compliance Officer
Building: McClain Hall #101 – Human Resources
Phone: (660) 785-4031
Email: jball@truman.edu

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.

A group of three (3) trained administrators or staff from the larger group of panelists. The Presiding Panelist will assign three members from the pool of panelists to serve on the specific Administrative Review Panel and will also designate the Chair of the Panel. An alternate may be designated to sit in throughout the process as needed. The Chair of the Panel helps ensure that the process adheres materially to the requirements of this procedure.
A group of at least 10 administrators or staff appointed by the President or designee to serve as panelists. Panelists serve a renewable term of three (3) years. Panelist appointments should be made with attention to the interests of the groups protected by the University’s Antidiscrimination Policies. The President (or designee) will select a Presiding Panelist, who assigns and coordinates the pool and decides which Panelists will be assigned to specific review panels.
The University’s Anti-Discrimination Policies include this University Non-Discrimination Policy, promulgated and adopted by the University President, as well as the following provisions of the Board of Governors Code of Policies: Section 17.020-Notice of Non-Discrimination; Section 10.020-Equal Employment Opportunity/Affirmative Action Program; and Section 15.010-Sexual Harassment.
A trained, senior-level administrator appointed by the President or designee to hear all appeals form the Administrative Review Panel’s determination.
An organization which has received official approval in accordance with University policies. Three members of the organization may represent the organization throughout the Non-Discrimination Complaint Reporting and Resolution Procedure.
When someone makes it clear that they do not want to engage in sexual activity or do not want to go beyond a certain point of sexual interaction, continued pressure beyond that point can be considered coercive.
Formal or informal complaint or report of the violation of the University’s Anti-Discrimination Policies.
The person who is the reported victim of discrimination under this policy. The University may also serve as Complainant when the alleged victim does not wish to participate in the Compliant resolution process.
The University encourages those who have experienced discrimination, harassment, or sexual misconduct to talk with the appropriate people and to discuss options for filing a criminal complaint (if appropriate) and/or complaint with the University. The decision to come forward and report incidents covered in this policy can be difficult and individual may want to seek assistance from someone who can provide support and assure that what is disclosed will not be acted upon.

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).

Resolution using alternative dispute resolution mechanisms such as mediation, facilitated dialogue or restorative justice.
Consent must be knowing, clear and voluntary. Someone who is incapacitated cannot consent. Silence or absence of resistance does not establish consent. Consent to one form of sexual activity does not imply consent to other forms of sexual activity. Consent to engage in sexual activity with one person does not imply consent to engage in sexual activity with another. Consent must be obtained at the time of the specific activity and can be withdrawn at any time. Lack of consent or withdrawal of consent may be communicated by words or non-verbal acts. Coercion and force, or a threat of either, invalidates consent. Consent is not valid if:

  1. 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
  2. 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
  3. Induced by force, duress, or deception.
Dating violence is committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship shall be based on the reporting party’s statement, with consideration of the length of relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse. Dating violence does not include acts covered under the definition of Domestic Violence.
Disability harassment constitutes prohibited discrimination based on disability. Examples include, but are not limited to, students who tease, ridicule, or taunt other students because of their disability or employees who refuse to provide a disabled student’s approved accommodations.
Discrimination occurs when a person is treated inequitably based on sex, disability, age, race, color, national origin, religion, sexual orientation, or veteran status. The phrase “prohibited discrimination” may be used to refer collectively to all forms of prohibited discrimination listed above.
Domestic Violence is defined as a felony or misdemeanor crime of violence committed by:
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.
False reporting is making an intentional false report or accusation in relation to this policy as opposed to a report or accusation, which, even if erroneous, is made in good faith. False reporting is a serious offense subject to appropriate disciplinary action ranging from probation up to and including expulsion or termination.
Formal Resolution: Administrative Investigation – In cases of gender-based misconduct, the Title IX Coordinator or designee may determine that a full investigation should be conducted. Administrative investigations involve an opportunity for both complainants and respondents to share testimony, evidence, and identify witnesses. The trained administrative investigator will interview witnesses and analyze evidence to determine findings and sanctions. If either party disagrees with the conclusions of the investigator, a hearing may be requested. After the hearing, either party may request a review based on established grounds.
Gender-based harassment is another form of sex discrimination. This type of harassment does not involve explicit sexual behavior, but includes epithets, slurs, and negative stereotyping of men or women, directed at female or male students, employees, or others.
Harassment is generally defined as conduct (whether physical, verbal, graphic or written) which is related to a person’s status in one of the protected classes listed in the University’s Notice of Nondiscrimination and which is sufficiently severe, pervasive, or persistent so as to create an intimidating, hostile, or offensive environment for working or learning, thereby interfering with or limiting the ability of that person to participate in or benefit from the services, activities, or privileges provided by the University. Harassment is a form of prohibited discrimination.
A hostile environment includes any situation in which there is harassing conduct that is sufficiently severe, pervasive and objectively offensive so that it alters the conditions of education or employment, from both a subjective (the
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.
Sexual activity with someone one knows to be or should know to be incapacitated is a violation of this policy. An individual who is incapacitated lacks the capacity to give knowing consent. Incapacitation can be due to the use of drugs, or alcohol, when a person is asleep or unconscious, or because of an intellectual or other disability that prevents the individual from having the capacity to give consent.
Threats or other conduct which in any way create a hostile environment, impair agency operations; or frighten, alarm, or inhibit others. Psychological intimidation or harassment includes making statements which are false, malicious, disparaging, derogatory, rude, disrespectful, abusive, obnoxious, insubordinate, or which have the intent to hurt others’ reputations. Physical intimidation or harassment may include holding, impeding or blocking movement, following, stalking, touching, or any other inappropriate physical contact or advances.

Taken from: http://www.dol.gov/oasam/hrc/policies/dol-workplace-violence-program-appendices.htm

With the exception of employees who are Confidential Reporters, all employees of the University who become aware of a potential violation of the University’s Antidiscrimination Policies are Mandated Reporters, regardless of whether the reported victim of the alleged conduct is a student, employee, volunteer or visitor of the University. A Mandated Reporter must promptly report potential violations of the University’s Antidiscrimination Policies to the Administrative Officer, regardless of whether the reported victim of the alleged conduct requests confidentiality and regardless of how the Mandated Reporter becomes aware of the alleged conduct (persona observation, direct information from the reported victim, indirect information forma third party, etc.). If the reported victim requests confidentiality or that the Complaint not be pursued, the mandated reporter should notify the individual that, at this stage in the process, the Mandated Reporter must report all known information to the Administrative Officer.

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.

The term “more likely than not” is the campus standard of proof. It is equivalent to the legal standard of “preponderance of evidence.” The campus standard requires that a student or student organization will be found in violation of the Student Conduct Code only when the information would lead a reasonable person to conclude that it is more likely than not that the accused student’s actions violated the Student Conduct Code.
Sexual contact is any intentional sexual touching, meaning intentional contact with the breasts, buttocks, groin, genitals, mouth or other orifice, or touching another with any of these body parts, or making another touch you or themselves with or on any of these body parts or any intentional body contact in a sexual manner, though not involving contact with/of/by breasts, buttocks, groin, genitals, mouth or other orifice, however slight, by a person upon another person, without consent.
Sexual intercourse is any sexual intercourse involving anal, oral or vaginal penetration, meaning vaginal penetration by a penis, object, tongue or finger; anal penetration by a penis, object, tongue, or finger; and oral copulation (mouth to genital contact or genital to mouth contact), however slight, by a person upon another person, without consent.
If the Administrative Officer determines that the allegations, if proven, would constitute a violation of the University’s Anti-discrimination Policies, the Administrative Officer will send a Notice of Charges letter to the Complainant and Respondent with the following information:

  1. A description of the alleged violation(s) and applicable polices; A copy of the applicable procedures;
  2. A statement of the potential sanctions/remedial actions that could result;
  3. 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
  4. A statement that Retaliation is prohibited.
Discrimination of harassment on the basis of sex(including sexual harassment, sexual misconduct, gender, and/or pregnancy), color, national origin, religion, sexual orientation or veteran status in all programs and activities of the University, OR retaliation against an individual for the purpose of interfering with any right of privilege secured by the University’s Anti-discrimination Policies.
Upon receipt of a Complaint of prohibited discrimination, the Administrative Officer, in cooperation with appropriate University officials, may provide protective measures or interim remedies including, but not limited to, one or more of the following:

  • 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.

Includes intentionally exposing one’s intimate body parts, public urination, public defecation, and public sex acts.
Exists when there are:
• 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.
Racial harassment constitutes prohibited discrimination on the basis of race. Examples include, but are not limited to, students who direct racial epithets toward another student on account of their race or employees who apply disparate treatment toward a student or another employee on account of their race.
To rape is a common term that is covered in the Student Conduct Code under non-consensual sexual intercourse.
In gender-based misconduct, individual students may be sanctioned in a variety of ways including some of the above to stop, prevent the re-occurrence and to remedy those who were adversely affected by a hostile environment.  Institutional remedies may also be imposed in those cases where a more comprehensive intervention is needed.  The administrative investigator and the conduct officer in formal gender-based resolutions processes may recommend individual and institutional remedies.  These remedies are implemented under the direction of the Title IX Coordinator or designee.  Institutional remedies will not be included in the student conduct records of respondents.
The person, persons, or organizations reported to have violated this policy.
Retaliation is any adverse action taken against a person because of that person’s participation in protected activity. The University strictly prohibits retaliation against any person for making a report required by the policy in good faith, or for firing, testifying, assisting, or participating in any investigation or proceeding involving allegations of Prohibited Discrimination.

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.

Sanctions are the consequences and remedies imposed by the Office of Citizenship
and Community Standards when a student is found to have violated the Student Conduct Code.
Sexual assault is actual or attempted physical sexual contact with another person without that person’s consent. Sexual assault includes but is not limited to:
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.
Sexual harassment constitutes prohibited discrimination on the basis of sex and is more particularly described in the University’s Sexual Harassment Procedures. (examples: students who taunt another student with sexual comments or demands or an employee who directs sexual comments towards a particular student may be in violation of this policy.) http://titleix.truman.edu/university-non-discrimination-policy/.
Sexual exploitation occurs when one person takes nonconsensual or abusive sexual advantage of another person for his/her own advantage of benefit of for the advantage or benefit of anyone other than the person being exploited and which behavior does not constitute any other form of sexual misconduct. Examples of sexual exploitation may include, but are not limited to the following activities:

  1. Invasion of sexual privacy;
  2. Prostituting another person;
  3. Taping or recording of sexual activity, without the consent of all participants;
  4. Going beyond the boundaries of consent to sexual activity (e.g., letting your friends hide and watch you engaging in sexual activity);
  5. Engaging in voyeurism;
  6. Knowingly transmitting an STI, STD, venereal disease or HIV to another person;
  7. Inducing another to expose their genitals.

Sexual exploitation is a form of prohibited discrimination.

Sexual harassment is a form of sex discrimination which may violate Title VII of the Civil Rights Act of 1964 (employee rights) or the Title IX of the Education Amendments of 1972 (employee and student rights). The following definition adopts the 1980 Equal Employment Opportunity Commission guidelines to the academic setting:

    • 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.

Sexual misconduct collectively refers to the terms “sexual assault,” “stalking,” “domestic violence,” and “dating violence,” as defined in this policy. Sexual misconduct is a form of prohibited discrimination.
Sexual violence can include any of the gender-based infractions listed in the Student Conduct Code.
Stalking is engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for his or her safety of others, or would cause a reasonable person to suffer substantial emotional distress. For purposes of this definition –
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.
A person having once been admitted to the University who has not completed a course of study and who intends to or does continue a course of study in or through the University. For the purpose of these procedures, student status continues whether or not the University’s academic programs are in session.
Title IX of the Education Amendments of 1972 (“Title IX”) is a federal civil rights law that prohibits discrimination on the basis of sex in federally funded education programs and activities. All public and private elementary and secondary schools, school districts, colleges, and universities receiving any federal financial assistance must comply with Title IX.  http://www2.ed.gov/about/offices/list/ocr/docs/qa-201404-title-ix.pdf.