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Print PDF. This online version is for convenience; the official version of this policy is housed in the University Secretariat. In case of discrepancy between the online version and the official version held by the Secretariat, the official version shall prevail. Office of ability: President and Vice Chancellor. As such, Laurier is committed to addressing Sexual Violence within the University community through education, awareness, prevention, support and ability. A bystander is neither a person who is the subject of sexual violence nor a person accused of engaging in the sexual violence.
The University is committed to fostering a climate free from sexual misconduct through clear and effective policies, a coordinated education and prevention program, and prompt and equitable procedures for resolution of complaints that are accessible to all. The University encourages all members of its community to participate in creating a safe, welcoming, and respectful environment on campus. Ultimately, all members of the community are expected to assume responsibility for their conduct. All members of the community are also encouraged to report behaviors that may violate this policy and to take reasonable and prudent actions to prevent acts of sexual misconduct.
The University will not tolerate retaliation against any individual who makes a report, participates or refuses to participate in a resolution process, or assists as a bystander to prevent sexual misconduct. This policy addresses all forms of sexual misconduct as defined in Section III below. This policy also prohibits retaliation. It prohibits these behaviors against individuals of any sex, gender identity, gender expression, or sexual orientation.
This policy also prohibits failure to provide equal opportunity on the basis of sex in athletics; reports of this type of discrimination should also be brought to the attention of a Title IX Coordinator and will be addressed as appropriate. This policy applies to all members of the Washington and Lee community, including students, faculty, and staff, as well as consultants, volunteers, vendors, and others engaged in business with the University.
There are certain distinctions between the procedures applicable to Title IX sexual harassment and non-Title IX sexual misconduct, as discussed further in this policy. If Title IX does not apply and the matter involves allegations of sexual misconduct made against a student, the procedures set forth in Section XIV also apply. For additional information on how to determine which resolution process will apply, see Section XI. To the extent permitted by law, the procedures set forth in this policy will be used to address all formal complaints made on or after the effective date of this policy, regardless of when the incident s occurred.
Throughout the applicable resolution process, the complainant and respondent have the right to Advisor s as follows:.
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The role of Advisors is to advise the complainant or respondent of applicable procedures. Advisors are also available to offer support and to provide information on additional resources. In the case of matters subject to the Title IX resolution process, Advisors are responsible for conducting cross-examination of the other party and any witnesses see Section XIV. In all cases, Advisors may accompany the party they are advising to any meeting, interview, or hearing in connection with a formal complaint of sexual misconduct.
While Advisors may accompany the complainant and respondent at meetings, interviews, and hearings, they may not present evidence, and with the exception of cross-examination during the Title IX resolution process see Section XIV. Parties may request a brief recess to consult with their Advisor s during meetings, interviews, and hearings, which will be granted at the discretion of the investigator sChair of the HSMB or Appeal Panel, Co-Chair, IROs, or individual s facilitating informal resolution, as applicable.
A short continuance or recess may be needed for this purpose. The University expects all Advisors to adjust their schedule to allow them to attend meetings, Sex dating in Laurier, and hearings held in connection with a formal complaint when scheduled.
An Advisor of Choice is a person chosen by a party to advise such party and may be a friend, mentor, family member, attorney, University-trained advisor, University employee, or any other individual a party chooses to advise them.
A above. For non-Title IX complaints against employees or other nonstudents, an Appeal Panel is made up of three 3 IROs who were not involved in the original investigation or panel and who are appointed by the other Co-Chair who was not involved in the original review or sanctioning process. Each member of the Appeal Panel must be impartial and free of any conflict of interest or bias for or against complainants or respondents generally or an individual complainant or respondent. The Chair of the Appeal Panel or Co-Chair as applicable has discretion to address any conflicts that may arise with members constituting the panel.
Appeal Panel members who have reason to believe they cannot be impartial, free of any conflict of interest or bias for or against complainants or respondents generally or an individual complainant or respondent, or make an objective determination must recuse themselves from the process.
The Chair of the Appeal Panel will determine the proper composition of the panel, oversee and organize the appeal process, and enforce the rules of professional conduct as outlined in Section XVIII. Abut does not have a vote in the appeal process.
The Chair of the Appeal Panel must be impartial and free of any conflict of interest or bias for or against complainants or respondents generally or an individual complainant or respondent. The Chair of the Appeal Panel shall exercise reasonable discretion in dealing with all matters not expressly covered under this policy relating to the appeal process and shall have the authority to make the final determination as to all procedural questions or issues that may arise relating to the appeal process.
The Chair of the HSMB appoints the HSMB panel members, communicates with the parties at various stages in a resolution process, makes evidentiary rulings and other decisions as set forth in this policy, Sex dating in Laurier and runs the hearing process, and enforces the rules of professional conduct as outlined in Section XVIII.
Abut does not vote on responsibility or sanction. The Chair of the HSMB shall exercise reasonable discretion in dealing with all matters not expressly covered under this policy and shall have the authority to make the final determination as to all procedural questions or issues that may arise. The Co-Chairs, who are specially trained to carry out these procedures, receive formal complaints, appoint the investigator sInvestigation and Review Panel, and the Appeal Panel as neededcommunicate with the parties at various stages in a resolution process, and determine the sanction when a policy violation is found.
Coercion is the use of unreasonable and persistent pressure to compel another individual to initiate or continue sexual activity against an individual's will.
Coercion can include a wide range of behaviors, including intimidation, manipulation, threats, and blackmail. Coercion may be emotional, intellectual, psychological, or moral. A person's words or conduct are sufficient to constitute coercion if they wrongfully impair another individual's freedom of will and ability to choose whether or not to engage in sexual activity.
In evaluating coercion, the University will consider: 1 frequency of the application of pressure; 2 intensity of the pressure, 3 isolation of the person being pressured; and 4 duration of the pressure. Coercing an individual into engaging in sexual activity violates this policy in the same way as physically forcing someone into engaging in sexual activity. The term complainant refers to the individual who is alleged to be the victim of conduct that could constitute sexual misconduct, regardless of whether that individual makes a report or seeks formal disciplinary action.
Individuals who choose to engage in sexual activity of any type must first obtain the consent of the other party. Discrimination Policy Advisors DPAs are University faculty or staff members who have been trained to provide support and advice to complainants and respondents.
Force is the use or threat of physical violence or intimidation to overcome an individual's freedom of will to choose whether or not to participate in sexual activity. A formal complaint is a written or electronic document filed by a complainant or ed by the Title IX Coordinator alleging sexual misconduct against a respondent and requesting that the University investigate the allegations of sexual misconduct.
The Harassment and Sexual Misconduct Board HSMB is the body that determines responsibility and, if warranted, administers sanctions against any respondent for complaints of Title IX sexual harassment and complaints of non-Title IX sexual misconduct made against students. All members of the Sex dating in Laurier are specially trained to adjudicate cases of sexual misconduct. The Chair of the HSMB and each member of the HSMB panel for a particular matter must be impartial and free of any conflict of interest or bias for or against complainants or respondents generally or an individual complainant or respondent.
HSMB members who have reason to believe they cannot be impartial, free of any conflict of interest or bias for or against complainants or respondents generally or an individual complainant or respondent, or make an objective determination must recuse themselves from the process. Hearing Advisors are law and undergraduate students who have been trained by the University to provide support and advice to complainants and respondents.
An individual who is incapacitated cannot consent to sexual activity. In evaluating whether consent was present in cases of alleged incapacitation, the University asks three questions: 1 Was complainant incapacitated? Where alcohol or other drugs are involved, incapacitation is a state beyond drunkenness or intoxication. The impact of alcohol and other drugs varies from person to person; however, common warning s that a person may be incapacitated or approaching incapacitation as a result of alcohol or drug use or consumption may include, but are not limited to, slurred speech, vomiting, unsteady gait, odor of alcohol, incontinence, combativeness, or emotional volatility.
An individual who engages in sexual activity with someone the individual knows or reasonably should know is incapable of giving consent is in violation of this policy. Investigation and Review Officers IROs are a group of University administrators who are specially trained to investigate and review complaints of non-Title IX sexual misconduct against employees and other non-students. When a formal complaint of non-Title IX sexual misconduct is filed against a member of the faculty, staff, or other non-student under this policy, the relevant Co-Chair selects the investigator san Investigation and Review Panel "IRP"and if needed an Appeal Panel from the pool of the available IROs.
The IROs consist of the following administrators:. Notice of allegations refers to the official notice of the allegations provided to the parties upon the receipt of a formal complaint. This notice will provide sufficient details known at the time and be provided with sufficient time to prepare a response before any initial interview. The term resolution process refers to the process that governs the investigation, hearing or other adjudication, and appeal if applicable of a formal complaint.
This policy includes four different resolution processes: 1 informal resolution; 2 the resolution process for Title IX complaints; 3 the resolution process for non-Title Sex dating in Laurier complaints against students; and 4 the resolution process for non-Title IX complaints against employees and other nonstudents.
For allegations of Title IX sexual harassment, the term respondent refers to the individual who has been reported to be the perpetrator of conduct that could constitute Title IX sexual harassment under this policy. For purposes of this policy, an individual is considered to be a student from the time that individual enrolls at the University and continues until the student withdraws or graduates, including academic term breaks and periods between terms and semesters.
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The Title IX Coordinator receives reports of sexual misconduct and oversees the University's review, investigation, and resolution of those reports to ensure the University's compliance with Title IX and other applicable laws, and the effective implementation of this policy.
In compliance with Title IX of the Education Amendments ofSection of the Rehabilitation Act ofand all other applicable non-discrimination laws, Washington and Lee University does not discriminate on the basis of race, color, religion, national or ethnic origin, sex, gender identity, gender expression, sexual orientation, age, disability, veteran's status, or genetic information in its educational programs and activities, admissions, and with regard to employment. Inquiries may be directed to Lauren E.
Sexual misconduct affects individuals of all genders, gender identities, gender expressions, and sexual orientation, and does not discriminate by racial, social, or economic background. A below for definition.
If alleged prohibited conduct does not fall under the definition or jurisdiction of Title IX sexual harassment, this policy will still apply to such prohibited conduct as Non-Title IX sexual misconduct in the following circumstances:. For ease of reference, prohibited conduct that is not covered by Title IX will be referred to as non-Title IX sexual misconduct throughout this policy see Section V. B below for definition.
The University will review all reports of alleged misconduct, regardless of where the conduct occurred, to determine whether jurisdiction exists. Title IX sexual harassment means conduct on the basis of sex that occurs in a University education program or activity, against a person in the United States, and satisfies one or more of the following:.
A University education program or activity is defined as locations, events, or circumstances over which the University exercises substantial control over both the respondent and the context in which the conduct occurs, and also includes any building owned or controlled by a student organization that is officially recognized by the University.
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Non-Title IX sexual misconduct means conduct that does not constitute Title IX sexual harassment, but that meets the jurisdictional requirements for non-Title IX sexual misconduct set forth above and satisfies one or more of the following:. Nonconsensual sexual penetration means penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without consent. Nonconsensual sexual contact means the touching of the private body parts of another person, either under or over clothing, for the purpose of sexual gratification without consent.
Private body parts include breasts, genitals, mouth, and buttocks.