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Policy No: 2068 Responsible Office: Title IX Office Last Review Date: 10/07/2024 Next Required Review: 10/07/2029

Sexual Misconduct & Complaint Resolution

1. Purpose

2. Applicability

3. Definitions

• • If coercion, intimidation, threats, and/or physical force are used, there is no consent.
  • If a person is incapacitated by alcohol or drugs such that the person cannot understand the fact, nature, or extent of the sexual situation, there is no consent even if the person self-administered the alcohol or drugs.
  • Consent to one form of sexual activity does not imply consent to other forms of sexual activity.
  • Consent can be withdrawn by verbal or physical conduct that a reasonable person would understand to indicate a desire to stop or not engage in the sexual conduct at issue.
  • While consent can be withdrawn, a withdrawal of consent operates going forward. It does not change the consensual nature of sexual activity that has already occurred.
  • Being in a romantic relationship with someone does not imply consent to any form of sexual activity.

• • Termination of employment, demotion, denial of promotion, reduction in pay, or being “written up” because a report of sexual misconduct was made;
  • Sending threatening text messages or social media messages to someone because of a report of sexual misconduct or because of a statement made as a witness;
  • Causing physical damage to personal belongings because of a report of sexual misconduct or because of a statement made as a witness;
  • Suspension from an activity or limiting involvement because of a report of sexual misconduct; or
  • Publication of knowingly false information about a person because of a report of sexual misconduct.

• • Giving unequal pay, promotions, or other job benefits on the basis of gender;
  • Allowing a person’s gender to influence the grade conferred in a class;
  • Denying people access to a given degree or major because of their gender;
  • Requiring a pregnant student to verify pregnancy-related absences with a doctor’s note when such verification is not required of students with other medical conditions;
  • Unless exempt under Title IX, excluding a person from a University-sponsored group because the person has a gender identity different than the gender assigned to the person at birth; or
  • Excluding a person from participation in a University-sponsored activity based on stereotypical notions of how a person of a given gender or sexual identity should look, speak, or act.

• • Having carnal knowledge, or attempting to have carnal knowledge, of a person, without consent of the victim, including instances where the victim is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacity. There is “carnal knowledge” if there is the slightest penetration of the vagina or penis by the sex organ of the other person.
  • Oral or anal sexual intercourse with another person, without the consent of the victim, including instances where the victim is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacity.
  • Using an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, without the consent of the victim, including instances where the victim is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacity. An “object or instrument” is anything used by the offender other than the offender’s genitalia.
  • The touching of the private body parts of another for purposes of sexual gratification, without consent of the victim, including instances where the victim is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacity.
  • Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by Alabama law.
  • Sexual intercourse with a person who is under the statutory age of consent as defined by Alabama law.

• • Unreasonable pressure for a dating, romantic, or intimate relationship or sexual activity;
  • Kissing, hugging, rubbing, or massaging;
  • Sexual innuendos, jokes, humor, or gestures;
  • Displaying sexual graffiti, pictures, videos, or posters;
  • Using sexually explicit profanity;
  • Asking about or telling about sexual fantasies, sexual preferences, or sexual activities;
  • Leering or staring at someone in a sexual way, such as staring at a person’s breasts or groin;
  • Calling a person derogatory epithets based on stereotypical notions of how a person of a given sex or sexual identity should look, speak, or act;
  • Sending sexually explicit communications, including, but not limited to, emails, text messages, or social media posts;
  • Commenting on a person’s appearance or dress in a sexual manner;
  • Giving unwelcome personal gifts, such as lingerie, that suggest the desire for a sexual relationship;
  • Disseminating sexual pictures or videos of another person without consent regardless of whether the pictures or videos were obtained with consent.      

• • A “course of conduct” means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or other means, follows, monitors, observes, surveils, threatens, or communicates to or about a person or interferes with a person’s property;
  • “Substantial emotional distress” means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling; and
  • Stalking can occur between persons of different genders/gender identities or the same gender/gender identity.

4. Policy Guidelines

4.1  Introduction

• • • Get to a safe place as soon as possible;
    • Try to preserve all physical evidence of the incident – avoid bathing, using the toilet, rinsing one’s mouth, or changing clothes. If it is necessary to change clothes, put all clothing that was worn at the time of the incident in a paper bag, not a plastic one;
    • Contact University police by calling (251) 460-6312 if the incident occurred on campus or the local police by calling 911 if the incident happened off campus;
    • Get medical attention – all medical injuries are not immediately apparent. It is also necessary to collect evidence if the individual decides to press charges. USA Children’s and Women’s Hospital (identified in Section 4.2.6 of this policy) has evidence collection kits necessary for criminal prosecution should the individual wish to pursue charges now or in the future;
    • Contact a trusted person, such as a friend or family member, for support;
    • Call the Assault Hotline at (251) 460-7151, 24 hours a day, seven (7) days a week. A trained Advocate will contact you to offer assistance;
    • Talk with a counselor who will help explain options, give information, and provide emotional support;
    • Make a report to the Title IX Coordinator or a Deputy Coordinator;
    • Explore this policy and avenues for resolution under the Complaint Resolution Procedures.

• • • Voluntarily contacting parents or a relative;
    • Seeking legal advice;
    • Seeking personal counseling through the University’s counseling center;
    • Contacting law enforcement with the University’s assistance;
    • Requesting an investigation and making a formal complaint under the Complaint Resolution Procedures;
    • Requesting that no further action be taken and that the potential complainant's identity not be disclosed; and/or
    • Seeking interim measures, such as housing or academic assistance.

• • • The name of the complainant;
    • The name of the respondent;
    • The details of the alleged sexual misconduct;
    • The names of any persons believed by the complainant to have relevant information; and
    • Any other information the complainant believes is pertinent to the alleged sexual misconduct.

• • • Make reasonable and appropriate efforts to preserve the privacy of the parties involved while recognizing that absolute confidentiality is not possible;
    • Provide equal information to all parties about the investigation and resolution process;
    • Conduct a thorough, fair, and impartial investigation that provides the parties an equal opportunity to present information and equivalent procedural safeguards;
    • Allow all parties to be accompanied to the hearing (if applicable) by an advisor of their choice;
    • Keep the parties apprised of the progress of the investigation and anticipated time to resolution;
    • Provide the parties an equal opportunity to meet with the TIX Investigator and to be present and testify (if applicable) at any hearing required by the Complaint Resolution Procedures, though not during the deliberative process;
    • Provide the parties an equal opportunity to comment on the information developed during the investigation;
    • Complete various phases of the process in a reasonably prompt time frame, and in the event of any delays, which may only be for good cause, provide written notice to the parties;
    • Avoid conflicts of interest that could call into question the integrity of the process;
    • Provide simultaneous written notice to the parties of the outcome of a formal complaint and the outcome of any appeal and
    • If a formal complaint of sexual misconduct is substantiated, take appropriate corrective, disciplinary, and remedial action intended to prevent the recurrence of the conduct and correct its discriminatory effects.

• • • Does not constitute sexual harassment;
    • Did not occur in the University's education program or activity; or
    • Did not occur against a person in the United States;

5. Procedures

5.1  General Principles

• • • The University’s process for resolving the formal complaint, including the informal resolution process;
    • The specific allegations of sexual misconduct, including sufficient details known at the time to allow the parties to prepare a response before any initial interview by the TIX Investigator, which includes, but are not limited to, the identity of the parties involved, the conduct allegedly constituting sexual misconduct, and the date and location of the alleged incident, if known;
    • A statement that the respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility is made after the grievance process;
    • Prior to any determination of responsibility, the parties will have an opportunity to present relevant and not otherwise impermissible evidence to a trained, impartial decision-maker;
    • Each party may have an advisor of their choice who may be, but is not required to be, an attorney;
    • All parties are entitled to an equal opportunity to access the relevant and not otherwise impermissible evidence or an investigative report that accurately summarizes the evidence, and if the University provides access to an investigative report, each party is entitled to an equal opportunity to access to the relevant and not otherwise impermissible evidence upon request; and
    • All parties may inspect and review evidence; and
    • Any provisions in the University’s student code of conduct, or applicable faculty or staff handbook, that prohibit knowingly making false statements or knowingly submitting false information during the grievance process.

• • • The allegations;
    • The requirements of the informal resolution process;
    • That, prior to agreeing to a resolution, any party has the right to withdraw from the informal resolution process and to initiate or resume the University’s grievance procedures;
    • That the parties’ agreement to a resolution at the conclusion of the informal resolution process precludes the parties from initiating or resuming grievance procedures arising from the same allegations;
    • The potential terms that may be requested or offered in an informal resolution agreement, including notice that an informal resolution agreement is binding only on the parties; and
    • What information the University will maintain and whether and how the University could disclose such information for use in further grievance procedures if grievance procedures are initiated or resumed.

• • • The parties will have a pre-hearing meeting with the hearing officer and Title IX Coordinator to receive an explanation of the hearing process and answers to questions about the process, to discuss options for participation in the hearing, and to coordinate possible hearing dates;
    • The parties will receive written notice from the hearing officer of the scheduled hearing at least ten (10) business days in advance unless otherwise agreed in writing by the parties;
    • The parties are expected to provide all relevant information and/or materials to the TIX Investigator during the investigation and are expected to immediately deliver any relevant information discovered after the investigation to the TIX Investigator for delivery to all relevant parties;
    • At least ten (10) business days before the hearing, the Title IX Investigator shall send to each party, the party’s advisor, Title IX Coordinator, and the hearing officer the investigation report in an electronic format or a hard copy, for their review. The hearing officer shall send a copy of the investigation report to the members of the adjudicating committee;
    • During the hearing, to the extent any party so requests, the parties will be separated by a divider or curtain or placed in separate rooms with the use of technology, or another similar arrangement, provided that arrangements will be made so that the parties can simultaneously see and hear the party or the witness answering questions;
    • The Title IX Coordinator may attend the hearing but will have no formal role;
    • Each party’s advisor may ask any other party or witnesses all relevant and follow-up questions, including those bearing on credibility, provided any such questioning or cross-examination is conducted directly, orally, and in real-time;
    • No one other than a party’s advisor or a member of the adjudicating committee may direct questions to parties or witnesses.
    • All parties and witnesses are expected to cooperate and provide truthful information;
    • At the close of the hearing, the adjudicating committee will retire for deliberation. During deliberation, the adjudicating committee shall apply a clear and convincing standard to determine what conduct occurred and whether such conduct constitutes sexual misconduct;
    • The University must make an audio or video recording of the hearing, or a transcript, but not of the deliberations, and make it available to the parties for inspection and review;
    • The adjudicating committee will issue a written decision of finding(s) determined by the majority, under a clear and convincing standard. The written decision will include an identification of the allegations at issue, a description of the procedural steps taken throughout the case, findings of fact supporting the determination, conclusions regarding the application of the Sexual Misconduct Policy, a statement and rationale as to the determination for each allegation, a statement of any disciplinary sanctions and whether any remedies will be provided to the complainant, and a description of the procedures and permissible grounds for appeal;
    • The SCA will, within five (5) business days of receiving the adjudicating committee’s written decision, provide written notification to the Title IX Coordinator and provide simultaneous written notification to the parties of the adjudicating committee’s written decision;
    • The Title IX Coordinator shall separately notify the complainant, in writing, of any non-disciplinary remedial measures that will be offered for the complainant’s benefit;
    • After the hearing process specified by these Complaint Resolution Procedures, including the determination of all appeals provided for hereunder or the expiration of any appeal deadlines without an appeal being filed, each party and its advisor shall return to the TIX Investigator or destroy/delete the investigative report and all appended information. Failure to do so by a party or their adviser may be punishable under the Student Code of Conduct, Faculty Handbook, and/or Staff and Employee Handbook, as applicable.

• • • Material and prejudicial violation of procedural rights that affected the outcome of the hearing;
    • New information, not reasonably available at the time of the hearing, that affected the outcome;
    • The discipline imposed is too severe or too lenient; and/or
    • Conflict of interest or bias by the Title IX Coordinator, TIX Investigator, or other decision-makers that affected the outcome.

• • • Material and prejudicial violation of procedural rights that affected the outcome of the hearing;
    • New information, not reasonably available before the decision, that could have affected the outcome;
    • The discipline imposed is too severe or too lenient; and/or
    • Conflict of interest or bias by the Title IX Coordinator, TIX Investigator, or other decision-makers that affected the outcome.

• • Exclude the day of the event that triggers the period;
  • Count every day, including intermediate Saturdays, Sundays, and legal holidays recognized by the federal government; and
  • Include the last day of the period until 5:00 p.m. central time, but if the last day is a Saturday, Sunday, or legal holiday recognized by the federal government, the period continues to run until 5:00 p.m. central time on the next day that is not a Saturday, Sunday, or legal holiday recognized by the federal government.

6. Enforcement

7. Related Documents