Title IX

Title IX
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Title IX
Common Course Numbering
Title IX: General Information
SEXUAL ASSAULT AND MISCONDUCT INFORMATION AND PROCEDURES
Any allegations of sexual assault and/or sexual misconduct must be initially reported
to the Title IX Coordinator. The Title IX Coordinator will coordinate the investigation
with the appropriate Deputy Coordinator.
The Title IX Coordinator will refer cases of alleged sexual harassment and/or sexual
misconduct that involve students to the Deputy Coordinator (Students) for investigation
as appropriate. Cases of sexual harassment and/or sexual misconduct will follow the
process set forth in the ASU-Newport Sexual Misconduct Grievance Procedure.
The Title IX Coordinator will refer cases of alleged sexual harassment and/or sexual
misconduct that involve faculty/staff to the Deputy Coordinator (Faculty and Staff)
for investigation as appropriate. Cases of sexual harassment and/or sexual misconduct
will follow the process set forth in the ASU-Newport Sexual Misconduct Grievance Procedure.
Title IX: Education Amendments
TITLE IX OF EDUCATION AMENDMENTS
Title IX is a comprehensive federal law that prohibits discrimination on the basis
of sex in any federally funded education program or activity.
Title IX benefits both males and females, and is at the heart of efforts to create
gender equitable schools. The law requires educational institutions to maintain policies,
practices and programs that do not discriminate against anyone based on sex. Under
this law, males and females are expected to receive fair and equitable treatment in
all areas of public schooling including recruitment, admissions, educational programs,
and activities, course offerings and access, counseling, financial aid, employment
assistance, facilities and housing, health and insurance benefits, marital and parental
status, scholarships, sexual discrimination and athletics. Arkansas State University
has designated a Title IX Coordinator for each campus. Any incidence of sexual discrimination
including sexual harassment or sexual violence should be reported to the Title IX
Coordinator who will take prompt action to secure a full and equitable review. In
the event the sexual discrimination allegation is against the Title IX Coordinator,
the report should be made to the Office of General Counsel. Contact information for
each campus’s Title IX Coordinator is located on the respective campus’s website.
Title IX: Age Discrimination in Employment Act
AGE DISCRIMINATION IN EMPLOYMENT ACT
The Age Discrimination in Employment Act (ADEA) protects individuals who are 40 years
of age and older from employment discrimination based on age. The ADEA’s protections
apply to both employees and applicants. Under the ADEA, it is unlawful to discriminate
against a person because of age with respect to any term, condition, or privilege
of employment including, but 89 ARKANSAS STATE UNIVERSITY not being limited to, hiring,
firing, promotion, layoff, compensation, benefits, job assignments, and training.
Title IX: Sexual Discrimination
SEXUAL DISCRIMINATION
Arkansas State University is committed to providing an educational and work environment
for its students, faculty, and staff that is free from sexual discrimination including
sexual harassment, sexual assault, sexual violence, stalking, domestic violence, and
dating violence, as prohibited by Title IX of the Educational Amendments of 1972,
and/or Title VII of the 1964 Civil Rights Act. No form of sexual discrimination will
be tolerated.
It is important to preserve all evidence of sexual discrimination, especially if the
discrimination is also a criminal offense, such as sexual assault, stalking, domestic
violence, or dating violence.
Each campus has a Title IX Coordinator who is charged with investigating certain allegations
of sexual harassment, sexual assault, stalking, domestic violence and dating violence,
as defined within the Title IX Grievance Procedure herein. Each campus’s Human Resources
Department is responsible for investigating allegations of sexual discrimination,
not covered by Title IX, and in violation of Title VII. Employees with supervisory
responsibilities, including deans, vice chancellors, department chairs, faculty, student
conduct personnel, human resources personnel, athletic administrators, coaches, and
university police personnel must report incidents of sexual discrimination either
observed by them or reported to them to the Title IX Coordinator. The Title IX Coordinator
will conduct a prompt, thorough, and objective investigation of those claims which
meet the requirements of a Title IX offense, and will refer other claims of sexual
discrimination to the campus Human Resources department. If sexual discrimination
has occurred, appropriate remedial action commensurate with the severity of the offense
will be taken up to and including termination. All reports, complaints, and investigations
are treated with discretion and confidentiality is maintained to the extent allowed
by law.
The Title IX Coordinator or Human Resources representative, as applicable, will notify
the appropriate law enforcement agency of all reports of sexual assault, stalking,
domestic violence or dating violence. The person who has allegedly been subjected
to sexual discrimination may also contact law enforcement and may seek an order of
protection, no contact order, or similar order. The Title IX Coordinator or Human
Resources representative will assist the person alleging to be subjected to sexual
discrimination and the person alleged to have committed sexual discrimination with
locating resources for counseling, medical treatment, legal advice, or other services.
Each campus within the Arkansas State University System provides educational materials
and programs on sexual discrimination. Contact the Human Resources Department or Title
IX Coordinator for information on awareness and prevention of sexual discrimination.
The University reserves the right to take those legally permitted supportive measures
it deems necessary in response to an allegation of sexual discrimination in order
to protect individuals’ rights and personal safety. Such supportive measures may include,
but are not limited to: modification of campus living or employment arrangements;
interim suspensions from campus; no contact or communications requirements; leave
with or without pay; and, reporting the matter to law enforcement. Persons reporting
allegations of sexual discrimination must follow the Staff Grievance Procedure or
the Title IX Grievance Procedure, as applicable.
Title IX: Grievance Procedures
Sexual Harassment Discrimination Grievance Procedure
GRIEVANCE ISSUES
The Title IX (Sexual Harassment Discrimination) Grievance Procedure applies only to
allegations of Sexual Harassment Discrimination occurring in the United States and
in an educational program or activity of any campus within the Arkansas State University
System, which is made by a person participating in or attempting to participate in
an educational program or activity of the campus. Sexual Harassment Discrimination
refers specifically to allegations of Sexual Harassment under Title IX, Sexual Assault,
Stalking, Domestic Violence, and Dating Violence, as those terms are defined below
(collectively, “Sexual Harassment Discrimination”). Sexual Harassment under Title
IX is defined as unwelcome gender-based verbal or physical conduct and occurs when:
Submission to, or toleration of, such conduct is made a term or condition of instruction,
employment, or participation in other university activities;
Submission to, or rejection of, such conduct is used as a basis for employment or
education decisions affecting the individual; or
Such conduct is severe, pervasive, and objectively offensive such that it has the
effect of unreasonably interfering with an individual's education or employment performance.
Sexual Assault occurs when a person is subjected to an unwanted sexual act without
consent. Sexual acts occur without consent when they are performed by force, in response
to a threat, against a person’s will, or where a person is incapable of giving consent
due to minority, intellectual impairment, or use of mind-altering substances such
as drugs or alcohol.
Stalking is defined as engaging in a course of conduct directed at a specific person
that would cause a reasonable person to (A) fear for his or her safety or the safety
of others; or (B) suffer substantial emotional distress.
Domestic Violence is defined as felony or misdemeanor crimes of violence committed
by a current or former spouse 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, by a person similarly situated to a spouse of the victim under
the domestic or family violence laws of the State of Arkansas, or by 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 State of Arkansas.
Dating Violence is defined as violence committed by a person (A) who is or has been
in a social relationship of a romantic or intimate nature with the victim; and (B)
where the existence of such a relationship shall be determined based on a consideration
of the following factors: (i) the length of the relationship, (ii) the type of relationship,
and (iii) the frequency of interaction between the persons involved in the relationship.
REPORT OF SEXUAL HARASSMENT DISCRIMINATION
Any employee, student, or visitor participating in or attempting to participate in
an educational program or activity offered by a campus in the Arkansas State University
System who believes he or she has been subjected to Sexual Harassment Discrimination
should report the incident to the applicable campus’s Title IX Coordinator utilizing
the reporting form available on the Title IX web site for the campus. Employees with
supervisory responsibilities including deans, vice chancellors, department chairs,
faculty, student conduct personnel, human resources personnel, athletic administrators,
coaches, and university police personnel must report incidents of Sexual Harassment
Discrimination either observed by them or reported to them to the Title IX Coordinator.
In the event the Sexual Harassment Discrimination allegation is against the Title
IX Coordinator, the report form should be submitted to the Office of General Counsel.
Reporting may be done by telephone, fax, email, or a hard copy communication, and
may be submitted during or outside of business hours. In order to ensure timely investigation
and remedy, a Sexual Harassment Discrimination grievance should be activated within
sixty (60) days from the time the events leading to the complaint occurred as delay
in reporting impedes the ability to achieve prompt resolution. Reports of Sexual Assault,
Sexual Violence, Stalking, Domestic Violence, and Dating Violence will be reported
to law enforcement authorities, if such a report is not prohibited by law.
Criminal investigations by any law enforcement agencies or investigations conducted
under the Faculty, Staff, or Student Handbooks may occur simultaneously with a Title
IX (Sexual Harassment Discrimination) grievance.
TITLE IX COORDINATOR’S RESPONSE
Upon receipt of a report of an allegation of Sexual Harassment Discrimination, the
Title IX Coordinator will contact the person alleged to have been subjected to the
Sexual Harassment Discrimination (hereinafter referred to as a “Complainant”) within
two (2) business days. During the initial contact, the Title IX Coordinator shall
notify the Complainant of available supportive measures with or without the filing
of a formal complaint, the process for filing a formal complaint, and the potential
code of conduct violations for knowingly providing false information. If the Complainant
decides to file a formal complaint, the Complainant must submit a written and signed
statement of the facts surrounding the allegations sufficient to allow the Title IX
Coordinator to determine whether:
the actions alleged to have occurred meet the definition of Sexual Harassment, Sexual
Assault, Dating Violence, Domestic Violence, or Stalking;
the actions alleged to have occurred were perpetrated against someone who was engaged
in or attempting to engage in an educational activity or program offered by the campus;
the actions alleged to have occurred were perpetrated by someone who is a student
or employee of the campus, if the person’s identity is known;
the acts alleged to have occurred took place against a person located in the United
States; and,
the acts alleged to have occurred took place in a location or under circumstances
over which the campus exercises substantial control, including but not limited to
on campus buildings, buildings owned or operated by registered student organizations,
or during off campus class events.
The formal complaint may be submitted electronically or in hard copy format. If the
Complainant determines that he or she does not wish to pursue a formal complaint,
the Title IX Coordinator shall assist the Complainant with appropriate continued supportive
measures, and shall make a determination as to whether or not, based on the information
that the Title IX Coordinator has at that time, the Title IX Coordinator will sign
a formal complaint. The Title IX Coordinator shall only sign a formal complaint over
the objection of a Complainant in the event that, based on the available facts at
the time, failure to do so would be clearly unreasonable and would amount to deliberate
indifference.
Following the receipt of the formal complaint, the Title IX Coordinator will send
a Notice of Allegations to both the Complainant, and the person alleged to have perpetrated
the sexual discrimination (hereinafter referred to as the “Respondent”). The Notice
of Allegations will:
set forth the allegations outlined in the formal complaint;
advise the parties on the Title IX Grievance Procedure, including their right to not
participate;
set forth the available supportive measures for the parties, which will be equitably
available to each;
outline the availability of and describe the informal resolution procedure;
notify the parties that they have the right to have an advisor of their choice, who
may but does not have to be an attorney, and that the advisor may attend but not directly
participate in any meetings or interviews throughout the investigation;
notify the parties that they are required to have an advisor for the purposes of the
hearing, and the availability of an advisor to be provided by the campus in the event
that either party cannot obtain one;
state the standard of evidence used in the Title IX Grievance procedure is preponderance
of the evidence;
state that the parties each have the right to inspect, review, and respond to all
information and evidence gathered, which will be presented to the parties promptly
after its receipt by the Title IX Coordinator or investigator;
inform the parties of the potential code of conduct violations that can be pursued
in the event that a party knowingly gives false statements or evidence; and,
state clearly that the Respondent is presumed “not responsible” unless and until there
is a finding of responsibility at the conclusion of the hearing.
Immediately following the issuance of the Notice of Allegations, the Title IX Coordinator
will review the formal complaint to verify that the conduct complained of meets the
definition of sexual harassment, sexual assault, domestic violence, dating violence,
or stalking; that it occurred in the campus’s education program or activity; and,
it occurred against a person in the United States. Following the verification of this
information, the Title IX Coordinator will take one of the following actions:
If the allegations in the formal complaint fails to meet any of these requirements,
it must be dismissed under the Title IX Grievance Procedure, but can be pursued under
the Other Sex-Based Discrimination Grievance Procedure, of which the Title IX Coordinator
shall advise the parties. The parties will be notified simultaneously in writing of
this action.
If the formal complaint meets the requirements, but the Complainant requests in writing
to withdraw the allegations or formal complaint; the Respondent is no longer enrolled
or employed by the campus; or, specific circumstances prevent the Title IX Coordinator
from gathering enough evidence to make a determination, the Title IX Coordinator may
dismiss the Title IX investigation. In such an instance, the Title IX Coordinator
shall notify both parties simultaneously in writing of the dismissal of the formal
complaint, and the reason for the dismissal. Either party may appeal this dismissal
to the Director of Human Resources (or the Director of Human Resource’s direct supervisor,
if the Director of Human Resources is also the Title IX Coordinator for the campus).
The appeal must be transmitted within five business (5) days of the issuance of the
decision by the Title IX Coordinator. The Director of Human Resources (or their supervisor,
as applicable) shall review the decision, the rationale for the decision, and the
appeal, and shall make the final determination as to whether the Title IX Discrimination
Grievance shall be permitted to proceed to investigation, and shall transmit that
decision, simultaneously and in writing, to both parties within five (5) business
days of the receipt of the appeal.
If the formal complaint meets the requirements, and the investigation isn’t dismissed
as permitted or required in Section C.3., the formal complaint shall proceed to the
investigation. If the formal complaint meets the requirement set forth in Section
A. herein, the allegations of the formal complaint may only be addressed under the
Title IX (Sexual Harassment Discrimination) Grievance Procedure.
Within forty-five (45) business days after receipt of a formal complaint, the Title
IX Coordinator, or investigator, will conduct a full and impartial investigation,
considering all available inculpatory and exculpatory evidence, by: interviewing the
complainant, the respondent, and any witnesses identified throughout the investigation;
considering any expert testimony offered by either party; and, by reviewing any documentary
evidence submitted by either party or obtained by the Title IX Coordinator or investigator.
The Title IX Coordinator or investigator will:
not seek or consider any evidence which is protected by a legally acknowledged privilege
without the written consent of the party who holds the privilege;
not consider evidence of the Complainant’s sexual history or predisposition, unless
offered to prove that someone else committed the acts the Respondent is accused of,
or specific incident between the Complainant and Respondent are offered to prove consent;
make no credibility assessments based solely on a party’s status as a complainant
or respondent;
provide any party requested to attend a meeting or interview with written notice of
the day, time, location, invited participants, and purpose of the meeting or interview
no less than two (2) business days in advance of the proposed meeting;
make ongoing determinations, throughout the investigation, regarding the appropriateness
of available supportive measures, such as: suspension from employment with or without
pay; suspension from classes following an individualized determination that based
upon the allegations the Respondent poses an immediate threat to a faculty member,
staff member, or student; issuance of a no contact directive to both parties; reassignment
of job duties; counseling; campus escort services; increased security and monitoring
certain areas on campus; or, changing class or classroom assignments. If immediate
action is required, the Title IX Coordinator shall work with the appropriate administrator
to implement supportive measures.
After studying all the pertinent facts and documents, carefully examining any policies
involved, and discussing the issue with the parties and witnesses, the Title IX Coordinator
shall either:
propose an informal resolution procedure be utilized to the parties which, if accepted,
shall be documented in writing, and, if successful, shall conclude the investigation,
or, if unsuccessful, shall result in the investigation proceeding towards a formal
hearing, with all informal resolution proceeding documents being maintained and submitted
to the Hearing Committee: or,
gather all evidence collected throughout the investigation that is directly related
to the allegations in the complaint and simultaneously submit, in electronic or hard
copy, it to the parties and their advisors, if any. The parties shall have ten (10)
business days to review and respond to all evidence provided. The Title IX Coordinator
or investigator will review and consider the response(s) of the parties before completing
its investigative report. The investigative report shall be a formal written report
which sets forth:
the timeline of the investigation, beginning with the formal complaint, and includes
all notices given, meetings or interview conducted, and communications received;
the allegations contained in the formal complaint;
the evidence relevant to the allegations gathered throughout the investigation; and,
the specific form of sexual discrimination the Respondent is alleged to have engaged
in.
Following the completion of the investigative report, the Title IX Coordinator will
simultaneously submit, in electronic or hard copy, the investigative report to both
parties and their advisors, if any. Both parties shall have a period of ten (10) business
days to review the investigative report before the hearing date. Both parties have
the option to submit a written response to the investigative report. The investigative
report and any written responses by either party shall be submitted to the Title IX
Hearing Committee.
Timelines may be extended by the Title IX Coordinator in extenuating circumstances
and for good cause shown.
Allegations of sexual discrimination which meet the requirements of a Title IX offense
and which are made by a student against a staff or faculty member shall not be resolved
by the informal resolution procedure.
TITLE IX DISCRIMINATION HEARING COMMITTEE COMPOSITION
The Title IX Discrimination Hearing Committee is composed of members selected by the
Chancellor or the Chancellor’s designee from the’ Academic Hearing Committee, the
Student Conduct Hearing Committee, and the Staff Hearing Committee for that campus.
The Title IX Discrimination Hearing Committee is composed of five (5) voting members,
and one (1) ex-officio non-voting chair. A member of the Human Resources department
or Human Resources’ designee sits as an ex-officio, non-voting chair of the Title
IX Discrimination Hearing Committee, making determinations of relevance, overseeing
the orderly operation of the hearing, and offering technical assistance on procedural
and policy matters. One (1) voting member of the Title IX Discrimination Hearing Committee
shall be a student, one (1) shall be a faculty member, and one (1) shall be a staff
member. One (1) voting member shall be selected so that his or her primary classification
of student, faculty, or staff aligns with the primary classification of the Complainant,
and one (1) voting member shall be selected so that his or her primary classification
aligns with the primary classification of the Respondent. The Title IX Discrimination
Hearing Committee shall have specific training on sexual discrimination under Title
IX, and the Arkansas State University System Title IX policy and Title IX Grievance
Procedure.
TITLE IX DISCRIMINATION HEARING COMMITTEE FUNCTIONS
The Title IX Discrimination Hearing Committee shall review the investigative report
of the Title IX Coordinator, the responses to the investigative report by the party(ies),
the inculpatory and exculpatory evidence (that being both evidence which proves and
evidence which disproves statements or allegations made by a witness or party) relevant
to the allegations gathered by the Title IX Coordinator or investigator, any live
testimony offered by the party(ies) and/or witnesses, and any evidence offered by
the party(ies) to determine, based on the preponderance of the evidence, whether the
Respondent is responsible for a violation of the Title IX policy, and, if so, to recommend
an appropriate action to end the discrimination, prevent its recurrence, and remove
its effects on the Complainant and the University community.
Each party shall be represented by an advisor, who may but does not have to be an
attorney. The advisor will directly participate in the hearing, and question witnesses
on the respective party’s behalf. If either party is unable to obtain an advisor,
the campus will provide a pool of advisors who have been trained on Title IX from
which the party may select an advisor. A party who needs the campus to provide them
with an advisor shall give notice to the campus no less than five (5) business days
prior to the hearing so availability may be determined and the selected advisor can
have an opportunity to review all relevant materials. If a party appears at the hearing
without an advisor, and without having given notice of his or her need for an advisor,
the campus will assign an advisor who is trained on Title IX, and who is selected
by the campus based on availability. In the event that either party’s advisor hinders
the ability to conduct the hearing in an orderly fashion, that advisor may be removed
from the hearing by the Chair of the Hearing Committee, and shall be replaced by an
advisor to be provided by the campus.
The entirety of the hearing will be recorded by the Chair of the Hearing Committee,
and conducted in closed session. At the request of either party, or in the discretion
of the Chair of the Hearing Committee, the parties may be located in separate physical
locations, but by use of appropriate technology shall be able to simultaneously see
and hear each other and the Hearing Committee, and be seen and heard by the Hearing
Committee.
During the course of the hearing, the Hearing Committee will call the witnesses interviewed
during the investigation for testimony, and each party’s advisor shall be permitted
to question those witnesses. Both parties shall be permitted to offer an opening statement,
and to testify and offer witnesses, including expert witnesses, to testify. In the
event that either party wishes to call witnesses, they will disclose the identity
of the witnesses to the Chair of the Hearing Committee no less than two (2) business
days prior to the hearing. The Chair of the Hearing Committee will notify each party
of the witnesses the other party intends to call. Testimony shall be elicited through
direct and cross-examination by both parties, acting by and through their respective
advisors, and the Hearing Committee. The Hearing Committee shall draw no inferences
based on a party’s or witness’s refusal to testify. Each party shall be permitted
to present evidence for the Hearing Committee’s consideration. All evidence collected
by the Title IX Coordinator or investigator throughout the investigation will be presented
to the Hearing Committee, and both parties shall have the right to utilize the evidence
as part of their presentation to the Hearing Committee. Both parties shall have the
opportunity to offer a closing statement.
TITLE IX DISCRIMINATION HEARING COMMITTEE FINDINGS
Within twenty (20) business days of the conclusion of the hearing, the Hearing Committee
shall issue a written decision which will be simultaneously sent to both parties and
their advisors by the Chair of the Hearing Committee. The written decision shall include:
the timeline of the investigation, beginning with the formal complaint and including
all notices, interviews, communications, and the hearing date;
the finding of facts from the evidence and testimony presented at the hearing in support
of the determination regarding responsibility;
the Hearing Committee’s determination regarding responsibility based on the preponderance
of the evidence;
the rationale for the determination regarding responsibility, including the application
and analysis of the testimony and evidence presented to the Hearing Committee to Title
IX policy to the allegations contained in the formal complaint for each alleged violation
contained in the formal complaint;
any disciplinary or remedial sanctions to be imposed, which may be up to and including
suspension or expulsion, as appropriate;
a statement that each party has the right to appeal the decision of the Hearing Committee
within five (5) business days on the bases of: procedural irregularity that affected
the outcome: new evidence not reasonably available at the time of the Hearing Committee’s
determination that could affect the outcome; and/or, bias or conflict of interest
on the part of the Title IX Coordinator, investigators, or Hearing Committee; and,
a statement that the standard of evidence used in the appeal shall be the preponderance
of the evidence.
TITLE IX DISCRIMINATION APPEAL COMMITTEE PROCEDURE
Either party shall have five (5) business days following the issuance of the Hearing
Committee’s written decision to submit an appeal. Either party may appeal on the basis
of:
procedural irregularity that affected the outcome;
new evidence not reasonably available at the time of the Hearing Committee’s determination
that could affect the outcome; and/or,
bias or conflict of interest on the part of the Title IX Coordinator, investigator,
or Hearing Committee.
The letter of appeal shall be submitted to the Chair of the Hearing Committee, and
shall set forth the specific basis or bases for the appeal, and all facts, evidence,
and a statement in support of the basis or bases of appeal.
Any letter of appeal shall be transmitted to the other party by the Chair of the Hearing
Committee, and that party shall have two (2) business days to respond, in writing,
to the contents of the letter of appeal. Any response shall be presented by the Chair
of the Hearing Committee to the appealing party, who shall have two (2) business days
to respond. Any response by the appealing party shall be presented by the Chair of
the Hearing Committee to the other party, who shall have two (2) business days to
respond. The letter of appeal, all responses to the same, the Hearing Committee’s
written decision, the Title IX investigative report, and the recording of the hearing
(hereinafter referred to as the “Appeal Packet”) will be presented by the Chair of
the Hearing Committee to the Title IX Discrimination Appeal Committee for consideration.
The Title IX Discrimination Appeal Committee shall be comprised of one (1) student,
one (1) faculty member, and (1) staff member selected by the Chancellor or the Chancellor’s
designee. Each member shall have specific training on sexual discrimination under
Title IX, and the Arkansas State University System Title IX policy and Title IX Grievance
Procedure. No member of the Hearing Committee may serve on the Appeal Committee for
the same formal complaint. The Title IX Appeal Committee shall convene in closed session
to consider the Appeal Packet. The Appeal Committee shall use the preponderance of
the evidence basis in making its determination on the basis for appeal.
Within ten (10) business days of the receipt of the Appeal Packet, the Appeal Committee
shall issue a written recommendation. The Appeal Committee can recommend either that:
the bases of appeal are not supported by the Appeal Packet and confirm the decision
of the Hearing Committee; or,
the bases of appeal are supported by the Appeal Packet, and:
overturn the decision of the Hearing Committee, or
confirm the finding of the Hearing Committee but modify the sanctions or remedial
measures ordered by the Hearing Committee.
The written recommendation shall state the recommendation of the appeal, and the rationale
for the recommendation. The Appeal Committee shall transmit its written decision to
the Chancellor. The Chancellor shall have ten (10) business days to review the Appeal
Packet and the written recommendation of the Appeal Committee, and issue a written
decision accepting or rejecting the recommendation of the Appeal Committee. The Chancellor’s
decision is final.
DOCUMENT COLLECTION
When a Title IX discrimination grievance proceeding has been closed, all materials
relating to that case shall be retained on file by the Title IX Coordinator for seven
(7) years. Care will be taken to ensure that no incomplete or inaccurate information
pertaining to the grievance is retained in the file. Title IX discrimination grievance
proceedings are considered confidential and no person involved with the grievance
may make the documents public except as required or permitted by law.
RETALIATORY ACTION PROHIBITED
Retaliation against a person who files a charge of discrimination, participates in
an investigation, refuses to participate in an investigation, or opposes an unlawful
employment practice is prohibited by law and the ASU System. Any person who needs
further explanation or who believes he or she has been retaliated against in connection
with a Title IX (Sexual Harassment Discrimination) grievance should contact their
campus Title IX Coordinator.
Other Sex-Based Discrimination Grievance Procedure
GRIEVANCE ISSUES
The Other Sex-Based Discrimination Grievance Procedure applies to all allegations
of sex-based discrimination that are not covered by the Title IX (Sexual Harassment
Discrimination) Grievance Procedure. “Other Sex-Based Discrimination” includes, but
is not limited to:
Allegations of discrimination on the basis of sex that do not involve allegations
of sexual harassment or sexual violence;
Allegations of sexual harassment or sexual violence that cannot proceed under the
Title IX (Sexual Harassment Discrimination) Grievance Procedure because:
The allegations do not meet the specific definitions of Sexual Harassment under Title
IX, Sexual Assault, Stalking, Domestic Violence, or Dating Violence applicable to
the Title IX (Sexual Harassment Discrimination) Grievance Procedure;
The acts alleged to have occurred took place against a person located outside of the
United States; or
The acts alleged to have occurred took place outside of a location over which the
campus exercises substantial control or under circumstances over which the campus
lacked substantial control;
Allegations of retaliation for reporting or participating in the investigation of
any claim of sex-based discrimination; and
Allegations of any activity prohibited by 34 C.F.R. § 106.31(b).
The following types of allegations are not grievable under this Other Sex-Based Discrimination
Grievance Procedure:
Allegations that are subject to the Title IX (Sexual Harassment Discrimination) Grievance
Procedure; and
Allegations of actions permitted by 34 C.F.R. § 106.14.
REPORT OF OTHER SEX-BASED DISCRIMINATION
Any employee, student, or visitor participating in or attempting to participate in
an educational program or activity offered by a campus in the Arkansas State University
System who believes he or she has been subjected to Other Sex-Based Discrimination
should report the incident to the applicable campus’s Title IX Coordinator utilizing
the reporting form available on the Title IX web site for the campus. Employees with
supervisory responsibilities including deans, vice chancellors, department chairs,
faculty, student conduct personnel, human resources personnel, athletic administrators,
coaches, and university police personnel must report incidents of Other Sex-Based
Discrimination either observed by them or reported to them to the Title IX Coordinator.
In the event the Other Sex-Based Discrimination allegation is against the Title IX
Coordinator, the report form should be submitted to the ASU System Office of General
Counsel. Reporting may be done by telephone, fax, email, or a hard copy communication,
and may be submitted during or outside of business hours. In order to ensure timely
investigation and remedy, an Other Sex-Based Discrimination grievance should be activated
within sixty (60) days from the time the events leading to the complaint occurred,
as delay in reporting impedes the ability to achieve prompt resolution. Reports of
sexual violence will be reported to law enforcement authorities, if such a report
is not prohibited by law.
Criminal investigations by any law enforcement agencies or investigations conducted
under the Faculty, Staff, or Student Handbooks may occur simultaneously with an Other
Sex-Based Discrimination grievance.
TITLE IX COORDINATOR’S RESPONSE
Upon receipt of a report of an allegation of Other Sex-Based Discrimination, the Title
IX Coordinator will contact the person alleged to have been subjected to the Other
Sex-Based Discrimination (hereinafter referred to as a “Complainant”) within two (2)
business days. During the initial contact, the Title IX Coordinator shall notify the
Complainant of available supportive measures with or without the filing of a formal
complaint, the process for filing a formal complaint, and the potential code of conduct
violations for knowingly providing false information.
The formal complaint may be submitted electronically or in hard copy format. If the
Complainant determines that he or she does not wish to pursue a formal complaint,
the Title IX Coordinator shall assist the Complainant with appropriate continued supportive
measures, and shall make a determination as to whether or not, based on the information
that the Title IX Coordinator has at that time, the Title IX Coordinator will sign
a formal complaint. The Title IX Coordinator shall only sign a formal complaint over
the objection of a Complainant in the event that, based on the available facts at
the time, failure to do so would be clearly unreasonable and would amount to deliberate
indifference.
Following the receipt of the formal complaint, the Title IX Coordinator will send
a Notice of Allegations to both the Complainant, and the person alleged to have perpetrated
the Other Sex-Based Discrimination (hereinafter referred to as the “Respondent”).
The Notice of Allegations will:
set forth the allegations outlined in the formal complaint;
advise the parties on the Other Sex-Based Discrimination Grievance Procedure, including
their right to not participate;
set forth the available supportive measures for the parties, which will be equitably
available to each;
outline the availability of and describe the informal resolution procedure;
notify the parties that they have the right to have an advisor of their choice, who
may but does not have to be an attorney, and that the advisor may attend but not directly
participate in any meetings or interviews throughout the investigation;
notify the parties that they are required to have an advisor for the purposes of the
hearing, and the availability of an advisor to be provided by the campus in the event
that either party cannot obtain one;
state the standard of evidence used in the Other Sex-Based Discrimination Grievance
Procedure is preponderance of the evidence;
state that the parties each have the right to inspect, review, and respond to all
information and evidence gathered, which will be presented to the parties promptly
after its receipt by the Title IX Coordinator or investigator;
inform the parties of the potential code of conduct violations that can be pursued
in the event that a party knowingly gives false statements or evidence; and,
state clearly that the Respondent is presumed “not responsible” unless and until there
is a finding of responsibility at the conclusion of the hearing.
Immediately following the issuance of the Notice of Allegations, the Title IX Coordinator
will review the formal complaint to verify that the conduct complained of is grievable
under this Other Sex-Based Discrimination Grievance Procedure.
Within forty-five (45) business days after receipt of a formal complaint, the Title
IX Coordinator, or investigator, will conduct a full and impartial investigation,
considering all available inculpatory and exculpatory evidence, by: interviewing the
Complainant, the Respondent, and any witnesses identified throughout the investigation;
considering any expert testimony offered by either party; and, by reviewing any documentary
evidence submitted by either party or obtained by the Title IX Coordinator or investigator.
The Title IX Coordinator or investigator will:
not seek or consider any evidence which is protected by a legally acknowledged privilege
without the written consent of the party who holds the privilege;
not consider evidence of the Complainant’s sexual history or predisposition, unless
offered to prove that someone else committed the acts the Respondent is accused of,
or specific incident between the Complainant and Respondent are offered to prove consent;
make no credibility assessments based solely on a party’s status as a complainant
or respondent;
provide any party requested to attend a meeting or interview with written notice of
the day, time, location, invited participants, and purpose of the meeting or interview
no less than two (2) business days in advance of the proposed meeting;
make ongoing determinations, throughout the investigation, regarding the appropriateness
of available supportive measures, such as: suspension from employment with or without
pay; suspension from classes following an individualized determination that based
upon the allegations the Respondent poses an immediate threat to a faculty member,
staff member, or student; issuance of a no contact directive to both parties; reassignment
of job duties; counseling; campus escort services; increased security and monitoring
certain areas on campus; or, changing class or classroom assignments. If immediate
action is required, the Title IX Coordinator shall work with the appropriate administrator
to implement supportive measures.
After studying all the pertinent facts and documents, carefully examining any policies
involved, and discussing the issue with the parties and witnesses, the Title IX Coordinator
shall either:
propose an informal resolution procedure be utilized to the parties which, if accepted,
shall be documented in writing, and, if successful, shall conclude the investigation,
or, if unsuccessful, shall result in the investigation proceeding towards a formal
hearing, with all informal resolution proceeding documents being maintained and submitted
to the Hearing Committee; or
gather all evidence collected throughout the investigation that is directly related
to the allegations in the complaint and simultaneously submit, in electronic or hard
copy, it to the parties and their advisors, if any. The parties shall have ten (10)
business days to review and respond to all evidence provided. The Title IX Coordinator
or investigator will review and consider the response(s) of the parties before completing
its investigative report. The investigative report shall be a formal written report
which sets forth:
the timeline of the investigation, beginning with the formal complaint, and includes
all notices given, meetings or interview conducted, and communications received;
the allegations contained in the formal complaint;
the evidence relevant to the allegations gathered throughout the investigation; and,
the specific form of sexual discrimination the Respondent is alleged to have engaged
in.
Following the completion of the investigative report, the Title IX Coordinator will
simultaneously submit, in electronic or hard copy, the investigative report to both
parties and their advisors, if any. Both parties shall have a period of ten (10) business
days to review the investigative report before the hearing date. Both parties have
the option to submit a written response to the investigative report. The investigative
report and any written responses by either party shall be submitted to the Title IX
Hearing Committee.
Timelines may be extended by the Title IX Coordinator in extenuating circumstances
and for good cause shown.
Allegations of sexual discrimination which meet the requirements of a Title IX offense
and which are made by a student against a staff or faculty member shall not be resolved
by the informal resolution procedure.
OTHER SEX-BASED DISCRIMINATION HEARING AND APPEALS PROCESS
Once the Other Sex-Based Discrimination grievance is ripe for a hearing, the grievance
shall be heard by the Title IX Hearing Committee established under the Title IX (Sexual
Harassment Discrimination) Grievance Procedure. In the case of a hearing under this
Other Sex-Based Discrimination Grievance Procedure, the Title IX Hearing Committee
shall be responsible for determining, based on the preponderance of the evidence,
whether the Respondent is responsible for committing an Other Sex-Based Harassment
violation, and, if so, to recommend an appropriate action to end the discrimination,
prevent its recurrence, and remove its effects on the Complainant and the university
community.
The hearing an appeals process shall follow the same processes outlined in the Title
IX (Sexual Harassment Discrimination) Grievance Procedure.
DOCUMENT COLLECTION
When an Other Sex-Based Discrimination grievance proceeding has been closed, all materials
relating to that case shall be retained on file by the Title IX Coordinator for seven
(7) years. Care will be taken to ensure that no incomplete or inaccurate information
pertaining to the grievance is retained in the file. Other Sex-Based Discrimination
grievance proceedings are considered confidential and no person involved with the
grievance may make the documents public except as required or permitted by law.
RETALIATORY ACTION PROHIBITED
Retaliation against a person who files a charge of discrimination, participates in
an investigation, refuses to participate in an investigation, or opposes an unlawful
employment practice is prohibited by law and the ASU System. Any person who needs
further explanation or who believes he or she has been retaliated against in connection
with an Other Sex-Based Discrimination grievance should contact their campus Title
IX Coordinator.
Title IX: File a Report
Sexual Assault and Misconduct can be reported through the following link:
File a Report -
Title IX Incident Report Form
Students: Any allegations of sexual assault and/or sexual misconduct, involving students,
must be initially reported to the Title IX Coordinator. The Title IX Coordinator will
coordinate the investigation. The Title IX Coordinator will refer cases of alleged
sexual harassment and/or sexual misconduct to the Deputy Coordinator (Students) for
investigation as appropriate. Cases of sexual harassment and/or sexual misconduct
will follow the process set forth in the ASU-Newport Sexual Misconduct Grievance Procedure.
Faculty/Staff: The Deputy Coordinator (Faculty/Staff) will handle cases of alleged
sexual harassment and/or sexual misconduct.
Title IX: Resources
RESOURCES FOR VICTIMS OF SEXUAL ASSAULT
The Student Right to Know and Campus Security Act require that students be provided
information concerning campus sexual assault programs and the procedures which should
be followed once an offense has occurred. Although it may be difficult, it is always
best to report a sexual assault (rape, attempted rape, or acquaintance rape) to a
University official or the local law enforcement as quickly as possible. Crimes that
occur on-campus will be referred to the ASUN Campus Police for jurisdiction purposes.
ASUN Campus Police
Address
City
Phone
Jonesboro Campus
5504 Krueger Dr.
Jonesboro
(870) 680-8950
Marked Tree Campus
33500 HWY 63 E.
Marked Tree
(870) 358-8633
Newport Campus
7648 Victory Blvd.
Newport
(870) 512-7866
Local Police Departments
City
Phone
Jonesboro
Jonesboro
(870) 935-5551
Marked Tree
Marked Tree
(870) 358-2024
Newport
Newport
(870) 523-2721
The complainant is encouraged to go to a hospital emergency room to receive appropriate
medical care and/or evidence collection. These important steps should be taken after
a sexual assault:
1. Do not shower, bathe, douche, smoke, change clothing, urinate (if possible), brush
your teeth or rinse your mouth, change bedding, or disturb the area where the assault
occurred (if the assault occurred in your place of residence). Remember, it is important
to preserve the evidence.
2. Tell someone. Call a friend, counselor, or anyone who can provide you with emotional
support.
3. Seek medical attention. Go to a doctor or hospital as quickly as possible for evidence
to be gathered and to be checked for injury.
4. Write down detailed information about the assault – where, when, who, etc. If the
assailant is a stranger, try to remember his or her height, hair color, scars, and
clothing.
If you believe you are a victim of sexual assault, you can and should seek out help
and assistance from the following agencies:
Who to contact to report an incident at ASU-Newport:
ASUN Campus Police ................................................(870) 512-7866
Student Affairs ...........................................................(870) 512-7838
Marked Tree...............................................................(870) 358-8614
Jonesboro...................................................................(870)
680-8717
STATE AND LOCAL
Women’s Crisis Center of Northeast Arkansas
P.O. Box 721
Jonesboro, AR 72403
Phone: 870-972-9575
Hotline: 870-933-9449
Email:
Arkansas State University Counseling Center
http://www.astate.edu/a/counseling-services/
Room 2203, Reng Student Center
Phone: 870-972-2318
Arkansas Coalition Against Domestic Violence
www.domesticpeace.com
Phone: 800-269-4668
Domestic Violence and Sexual Assault Support Group
Jonesboro Clinic
3309 Turman Drive Suite A Phone: 870-268-8875
Meets on Wednesdays at Noon
Arkansas Crisis Center
www.arcrisis.org
1401 West Capitol Suite 170
Little Rock, AR 72201
Phone: 888-274-7472
Email:
acadv@domesticpeace.com
Arkansas Crime Information Center
www.acic.org
Phone: 501-682-2222
Arkansas Victim Notification Program (VINE)
www.vinelink.com
Phone: 800-510-0415
Arkansas Coalition Against Sexual Assault
www.arkcasa.org
200 River Market Avenue, Suite 100
Little Rock, AR 72201
24/7 Hotline: 1-800-977-5776
Law Enforcement
Newport Police............................................................(870) 523-2721
Jonesboro Police ........................................................(870) 923-2176
Marked Tree Police.....................................................(870) 358-2024
Medical Treatment
Unity Hospital, Inc.
1205 McLain
Newport, AR 72112
(870) 523-8911
St. Bernard’s Regional Medical Center
224 East Matthews
Jonesboro, AR. 72401
(870) 972-4288
Medical Center of NEA
3024 Stadium Blvd
Jonesboro, AR 72401
(870) 936-1000
Financial Assistance
Arkansas Crime Victims Reparations Program, Department of Public Safety
https://www.dps.arkansas.gov/crime-info-support/crime-victims-reparations-board/
1 State Police Plaza Dr.
Little Rock, Arkansas 72209
Phone: 501-682-1020
Legal Services (Orders of protection and emergency family matters including divorces
involving spousal abuse)
Center for Arkansas Legal Services (Main Office)
www.arlegalservices.org
1300 W. 6th St.
Little Rock, AR 72201
Phone: 501-376-3423
Toll Free: 1-800-9 LAW AID (1-800-952-9243)
Legal Aid of Arkansas (Main Office)
www.arlegalservices.org
714 South Main Street
Jonesboro, AR 72401
Phone: 870-972-9224
Toll Free: 1-800-9 LAW AID (1-800-952-9243)
NATIONAL RESOURCES
National Domestic Violence Hotline
www.ndvh.org
Phone: 800-799-7233
TTY: 800-787-3224
National Coalition Against Domestic Violence
www.ncadv.org
Phone: 303-839-1852
TTY: 303-839-8459
1 is 2 many
https://obamawhitehouse.archives.gov/1is2many
Rape, Abuse and Incest National Network
https://www.rainn.org
1220 L Street, NW Suite 505
Washington, DC 20005
Hotline: 1-800-656-HOPE(4673)
Online hotline:
hotline.rainn.org/online​
Phone: 202-544-3064
Fax: 202-544-3556
Email:
Love is Respect – Dating abuse hotline
http://www.loveisrespect.org/
Hotline: 1-866-331-9474
Text: “loveis” to 22522
Male Survivor
http://www.malesurvivor.org/
4768 Broadway #527
New York, NY 10034
U. S. Department of Education – Office of Civil Rights
http://www2.ed.gov/about/offices/list/ocr/complaintintro.html
Office for Civil Rights
U.S. Department of Education
1999 Bryan Street, Suite 1620
Dallas, Texas 75201-6810
Phone: 214-661-9600
FAX: 214-661-9587
TTY: 800-877-8339
Email:
OCR.Dallas@ed.gov
Financial Help for Women in Abusive Relationships
https://www.moneygeek.com/financial-planning/resources/financial-help-women-abusive-relationships/
ASU-Newport's Annual Crime Statistics Reports
Title IX: Confidentiality, Reporting, and Privacy
ASU-Newport holds a zero-tolerance stance against sexual discrimination in our programs
and activities or employment. Individuals who believe they have been subjected to
such actions in violation of this policy should report these concerns.
This process involves an immediate inquiry to determine if there is reasonable cause
to believe sexual discrimination occurred in violation of policy. If so, ASU-Newport
will initiate a prompt, thorough and impartial investigation. This investigation is
designed to provide a fair and reliable determination. If so, the university will
implement a prompt and effective remedy designed to end the discrimination, prevent
its recurrence, and address its effects.
Individuals who wish to report a concern or complaint relating to sexual discrimination
may do so by reporting as outlined below.
Different people on campus have different reporting responsibilities and different
abilities to maintain confidentiality, depending on their roles at the university
and upon university policy. When consulting campus resources, all parties should be
aware of confidentiality, privacy and mandatory reporting requirements in order to
make informed choices.
On campus, some resources can offer you confidentiality, sharing options and advice
without any obligation to tell anyone unless you want them to. Other resources are
expressly there for you to report crimes and policy violations and they will take
action when you report your victimization to them. Most resources on campus fall in
the middle of these two extremes.
Neither the university nor the law requires them to divulge private information that
is shared with them except in certain circumstances, some of which are described below.
A victim may seek assistance from these university officials without starting a formal
process that is beyond the victim's control, or violates her/his privacy.
Official Notice - Non-confidential Reporting Options
You are encouraged to speak with the Office of Student Affairs or to supervisory personnel
(deans, vice chancellors, university police, student conduct, human resources, etc…)
of the institution to make formal reports of incidents. The university considers these
people to be "responsible employees." Notice to them is official notice to the institution.
You have the right and can expect to have incidents of sexual discrimination to be
taken seriously by the institution when formally reported, and to have those incidents
investigated and properly resolved through administrative procedures. Formal reporting
means that only people who need to know will be told and information will be shared
only as necessary with investigators, witnesses, and the accused individual.
Reporting to those who can maintain the privacy of what you share
You can seek advice from certain resources that are not required to tell anyone else
your private, personally identifiable information unless there is cause for fear for
your safety, or the safety of others. These are individuals who the university has
not specifically designated as "responsible employees" for purposes of putting the
institution on notice, other than in the stated limited circumstances. These resources
include those without supervisory responsibility or remedial authority to address
sexual discrimination, most faculty members, advisors to student organizations, career
services staff, admissions officers, student activities personnel, support staff,
and many others. If you are unsure of someone's duties and ability to maintain your
privacy, ask them before you talk to them. They will be able to tell you, and help
you make decisions about who can help you best.
Some of these resources, such as staff and advisors, are instructed to share incident
reports with their supervisors, but they will not share any personally identifiable
information about your report unless you give permission, except in the rare event
that the incident reveals a need to protect you or other members of the community.
If your personally identifiable information is shared, it will only be shared as necessary
with as few people as possible, and all efforts will be made to protect your privacy.
Reporting Confidentially
If one desires that details of the incident be kept confidential*, they should speak
with on- or off-campus mental health counselors, on- or off-campus health service
providers, or domestic violence/rape crisis resources who can maintain confidentiality.
Campus counselors are available to help you free of charge and can be seen on an emergency
basis. Employees may access their Employee Assistance Program benefit through Human
Resources. In addition, you may speak on and off-campus with members of the clergy
and chaplains, who will also keep reports made to them confidential.
*Providers may be required to report certain felony incidents to law enforcement.
Right to File a Federal Complaint
Individuals with complaints of this nature also have the right to file a formal complaint
with the United States Department of Education:
Office for Civil Rights (OCR)
400 Maryland Avenue, SW
Washington, DC 20202-1100
Customer Service Hotline #: (800) 421-3481
Fax: (202) 453-6012
TDD#: (877) 521-2172
Email:
OCR@ed.gov
Web:
http://www.ed.gov/ocr
Federal Statistical Reporting Obligations
Certain campus officials have a duty to report sexual discrimination for federal statistical
reporting purposes (Clery Act). All personally identifiable information is kept confidential,
but statistical information must be passed along to campus law enforcement regarding
the type of incident and its general location (on or off-campus, in the surrounding
area, but no addresses are given) for publication in the annual Campus Security Report.
This report helps to provide the community with a clear picture of the extent and
nature of campus crime, to ensure greater community safety. Mandated federal reporters
include: student/conduct affairs, campus law enforcement, local police, coaches, athletic
directors, residence life staff, student activities staff, human resources staff,
advisors to student organizations and any other official with significant responsibility
for student and campus activities. The information to be shared includes the date,
the location of the incident (using Clery location categories) and the Clery crime
category. This reporting protects the identity of the victim and may be done anonymously.
Federal Timely Warning Reporting Obligations
Victims of sexual discrimination should also be aware that university administrators
must issue immediate timely warnings for incidents reported to them that are confirmed
to pose a substantial threat of bodily harm or danger to members of the campus community.
The university will make every effort to ensure that a victim's name and other identifying
information is not disclosed, while still providing enough information for community
members to make safety decisions in light of the danger. The reporters for timely
warning purposes are exactly the same as detailed in the above paragraph.
Title IX: Regulations Training
Below are examples of the Title IX Training relevant ASUN staff members have completed.
For additional information, please email
.
Title IX Coordinators and Investigators-Grievance Procedure Training information
Click here to view the Powerpoint for NACUA Title IX Training Class One.
Click here to view the Powerpoint for NACUA Title IX Training Class Two.
Click here to view the Powerpoint for NACUA Title IX Training Class Five.
Get the latest information on Title IX. Watch the ASU System Video.
http://www.asusystem.edu/videos/title-ix/
Title IX Contacts
Debbie Hardy
Dean for Students
Campus: Newport
debbie_hardy@asun.edu
870-512-7859
Sara Moss
Executive Director of Administrative Services
Campus: Newport
sara_moss@asun.edu
870-512-7874
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