Filing a Complaint/Reporting Gender-Based Misconduct

Students, Employees, Volunteers and Visitors

Any student, employee, volunteer or visitor who believes that a student, organization, employee, volunteer or visitor has violated the University’s Antidiscrimination Policies should contact the Administrative Officer to file a Complaint.

Upon receipt of a report of complaint of discrimination, harassment, or sexual misconduct, the Administrative Officer will begin the procedures for resolution. For questions regarding confidentiality or requests that a Complaint not be pursued review the Confidentiality Protections and Reporting Obligations. In order to foster reporting and participation, the University may provide amnesty to Complainants, Respondents, and witnesses for minor conduct violations ancillary to the reported policy violations.

Individuals may also contact the University’s Department of Public Safety (DPS) at (660) 665-5621 if the alleged conduct may also constitute a crime. A report to DPS will be considered a report to law enforcement, Though DPS can assist victims of sexual misconduct in accessing services and/or contacting the Administrative Officer, DPS may also proceed with pursing a criminal investigation and/or criminal charges with or without the Complainant’s consent.

Although the University strongly advocates that victims of sexual misconduct report the incident to DPS or other law enforcement In a timely manner, in most cases, it is the victim’s choice to make such a report and the victim has a right to decline involvement with law enforcement.

However, the Administrative Officer is legally obligated to notify law enforcement of alleged sexual misconduct where the victim is a minor or there is a significant threat to the health and/or safety of others. For all other offenses that may constitute a crime, the Administrative officer retains discretion to notify law enforcement of the alleged misconduct without the victim’s consent, but is not obligated to do so. That decision should be made in accordance with applicable law and, in most cases, after consultation with legal counsel. In making this decision, the Administrative Officer will attempt to balance the victim’s request for privacy with the interests of the campus and community, and exercise good judgment in light of all the circumstances.

Mandated Reporters

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.

Immediate Obligations to Victims of Sexual Misconduct

Upon receipt of a Complaint of sexual misconduct, the Administrative Officer will:

  • Provide the Complainant with access to medical care if appropriate;
  • Assess the immediate safety needs of the Complainant;
  • Provide the Complainant with contact information for local law enforcement and assist the Complainant contacting local law enforcement if the Complainant requests;
  • Inform the Complainant of the availability of counseling, health, mental health, victim advocacy, legal assistance, visa and immigration assistance and other series on and/or off campus;
  • Assess the need to implement protective measures or interim remedies, and provide those remedies if they are reasonably available and requested by the Complainant regardless of whether the Complainant chooses to report the alleged sexual misconduct to law enforcement; and
  • Provide the Complainant with a copy of the University Non-Discrimination Policy and this procedure, and inform the Complainant regarding timeframes for inquiry, investigation, and resolution.

 

Protective/Remedial Measures

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:
A. Referral facilitating access for Complainant to counseling and medical   services;
B. Implementing contact limitations on the Respondent or on all parties;
C. Referral of Complainant to victim advocacy and support services on and off-campus;
D. Referral of Complainant to academic support services and/or any other services that may be beneficial to the Complainant;
E. Adjusting the courses, assignments, and/or exam schedules of the Complainant and/or the Respondent;
F. Adjusting the work schedules, work assignments, supervisory responsibilities, supervisor reporting responsibilities and/or work assignments of the Complainant and/or the Respondent;
G. Altering the on-campus housing assignments, dining arrangements, or other campus services for the Complainant and/or the Respondent;
H. Altering the extracurricular activities of the Complainant and/or the Respondent;
I. Providing transportation accommodations for the Complainant, when reasonably available;
J. Informing the Complainant of her/his right to notify law enforcement authorities of the reported incident and offering to help facilitate such a report;
K. Suspending, on an interim basis, the Respondent from University housing, classes, the University campus/facilities/events and/or all 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 constitutes danger to the health, safety, or welfare of members of the University community.
The appropriate procedure to determine this future status of the Respondent will be initiated within seven business days.
1. In all cases in which an interim suspension is imposed, the Respondent will be given the opportunity to meet with the Administrative Officer prior to such suspension being imposed, or as such thereafter as reasonably possible, to show cause why the suspension would not be implemented.
2. At the discretion of the Administrative Officer, when the Respondent is a student, alternative coursework options may be pursued to ensure as minimal an impact as possible on the Respondent.
3. The Administrative Officer has sole discretion to implement or stay an interim suspension and to determine its conditions and duration.
4. Violation of an interim suspension under this policy will be grounds for expulsion.
L. In cases where the Respondent is a campus organization, suspending, on an interim basis, the Respondent organization’s operations, University recognition, access to an 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.
M. 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 needs of the Complainant, Respondent and the campus community. For Complaints of sexual 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.