Jul 20, 2019  
2019-2020 Undergraduate Catalog - Under Construction 
    
2019-2020 Undergraduate Catalog - Under Construction

Title IX Information


 

Harassment and Sexual Misconduct Policy

I. Policy Statement

Note:  Due to changes in various laws, this policy may be updated at any time during the academic year.  Students and employees are encouraged to review this policy regularly in order to remain current on any changes.

Anderson University is a Christ-centered academic community, and we believe that all persons are created in the image of God and thus are worthy of utmost respect from one another.  Therefore, we are committed to creating and maintaining a learning and working environment that is free from sexual, racial, and other forms of harassment and misconduct. Anderson University believes its students, faculty members, employees, and campus guests should be able to enjoy an environment free from sexual misconduct and from harassment based on an individual’s race, sex, age, national origin, disability, military service, or any other legally protected status.

In compliance with federal and state laws, it is the policy of Anderson University to prohibit unlawful harassment and sexual misconduct by any person and in any form. As a Christian institution of higher education, Anderson University reserves the right to take its religious tenets into consideration when making employment decisions or other decisions under this policy.

No student, faculty member, supervisor, employee, or other individual shall engage in sexual misconduct, threaten, or harass any other individual or insinuate harassment toward another individual through their conduct or through any communication of any nature. Anderson University will investigate all complaints of harassment or sexual misconduct, formal or informal, verbal or written, and take appropriate action or discipline against any person who is found to have violated this policy. 

Anderson University recognizes that it may be difficult to specifically define what constitutes harassment under the law. As a result, Anderson University will not tolerate any type of inappropriate behavior that may lead to forms of illegal harassment. Inappropriate behavior includes, but is not limited to, unwanted physical contact; foul language; sexually oriented explicit pictures, cartoons, or other materials such as graffiti that may be offensive to another employee or student; ethnic jokes or racial slurs; and teasing about religious or cultural observance. Because many of the above may be considered offensive to another individual, these activities are prohibited at Anderson University.

A. Statement of Compliance with Title IX

Anderson University will always respond to complaints, reports, allegations, and information about sex- and gender-based discrimination.  The aim of the responses will be to stop the prohibited conduct, prevent its recurrence, and address lingering impacts on individuals and the larger community.

As part of the Higher Education Act Amendments in 1972, included was Title IX, which states: “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance….”  Other federal and state laws also address discrimination and harassment based on sex and gender for students, staff, faculty, and third parties in higher education.  Anderson University is firmly committed to establishing an environment free from such discrimination and prohibits acts including sexual harassment, sexual violence (i.e., sexual assault and non-consensual sexual touching, forcible or not), relationship abuse (including domestic and dating violence), and stalking.

Title IX also prohibits retaliation for reporting, bringing forward a complaint, or otherwise participating in an investigation of sex discrimination, harassment, or misconduct.

Anderson University affirms the right of reporting parties (see Definitions, pp. 8-12) to determine whether they wish to be involved in the University’s Title IX processes to address harassment or discrimination.  It should be noted, however, that we cannot take corrective action toward behavior about which we are unaware.  Regardless, the University is committed to supporting reporting parties through numerous available support services.  The University encourages those who wish to receive confidential support services regarding harassment and discrimination to seek assistance from the AU Counseling Center, Thrive Wellness Center, the Campus Ministries staff, designated athletic trainers, and/or Foothills Alliance.  The University will also provide support to any reporting party who wishes to file a complaint of illegal behavior with local police.

The University has appointed Dr. Dianne King, Associate Vice President and Dean of Student Success, as the Title IX Coordinator.  In conjunction with Deputy Coordinators and the Senior Vice President for Student Development (which constitute the Title IX Coordinating Committee), the Title IX Coordinator provides leadership regarding policy, ensures that training and education regarding sex/gender-based harassment are ongoing, and assures compliance-related reporting.  In addition, the Title IX Coordinator ensures implementation of grievance procedures, including:

  • Notification, investigation and disposition of complaints;

  • Educational materials and training opportunities for the campus community;

  • Conducting and/or coordinating investigations of complaints received pursuant to Title IX;

  • Assurance of a fair and equitable process for all parties.

Title IX Deputy Coordinators are appointed by the University’s President to assist with the implementation of the Title IX policy and education. Investigators are also appointed by the President to conduct all investigations regarding potential Title IX violations.

Title IX Coordinator

Dr. L. Dianne King
Associate Vice President for Student Development & Dean of Student Success
Location: Thrift Library, Office 203
Phone: 864-231-2026
Email: ldking@andersonuniversity.edu

Title VII Grievance Coordinator

Director of Human Resources
Merritt Administration Building, First Floor
316 Boulevard, Anderson, SC 29621
864-231-2131

Title IX Deputy Coordinators

  • Matthew Finley, Senior Associate Athletic Director

  • Dr. Bob Hanley, Vice Provost

  • Director of Human Resources

  • Ann Themistocleous, Director of International Programs

  • Robyn Sanderson, Associate Vice President for Student Development

Any member of the staff or faculty, or any campus guest, who believes he or she has been the victim of sexual misconduct or harassment based on the individual’s sex, pregnancy, race, color, religion, national origin, age, disability, veteran, or any other legally protected status by a student, faculty member, member of the staff, or campus visitor, or who has knowledge of or has observed such behavior, should immediately report the alleged acts to an appropriate individual who, depending on the circumstances, may be the individual’s supervisor, the chief administrator in his/her division, the Director of Human Resources (also the Title VII Grievance Coordinator), the Title IX Coordinator or one of the designated Deputy Coordinators.  If anyone believes that he or she has been subjected to sexual misconduct, discriminated against, or harassed by the person to whom he or she would normally report the incident, then the report should be made to the Director of Human Resources, the Title IX Coordinator, or a Deputy Coordinator.

Any student who believes that he or she has been the victim of sexual misconduct or harassment based on the individual’s sex, pregnancy, race, color, religion, national origin, age, disability, veteran, or any other legally protected status by another student, faculty member, member of the staff, guest, or any other University personnel, or who has knowledge of or has observed such behavior, should immediately report the alleged acts to an appropriate individual who, depending on the circumstances, may be a faculty member, a residence director, a student development dean or staff member, the Title IX Coordinator, or one of the Deputy Coordinators. 

Reports may be made by telephone, email, postal mail, or in person.  They may also be made anonymously, but if the reporting party chooses to remain anonymous, this may make the investigation and resolution of the report more difficult. 

A reporting party may also contact the Department of Education, Office for Civil Rights, at the address below:

U. S. Department of Education
Office for Civil Rights
400 Maryland Ave., SW
Washington, DC 20202-1328
1.800.421.3481
Email: ocr@ed.gov

II. Resources for Information and Assistance

A. SAFETY CONCERNS

Any community member who is concerned about his/her safety on campus is encouraged to contact Campus Safety at 864.231.2060 immediately.  If you are off campus, please contact local law enforcement by calling 911.

B. ACCOMMODATIONS FOR STUDENTS WITH DISABILITIES

By federal law, a person with a disability is any person who: 1) has a physical or mental impairment; 2) has a record of such impairment; or 3) is regarded as having such an impairment, which substantially limits one or more major life activities such as self-care, walking, seeing, hearing, speaking, breathing, or learning. A student requesting an accommodation in regard to a Title IX investigation/adjudication process must follow the appropriate process for requesting an accommodation through the Office of Accessibility Services in the Center for Student Success (Thrift Library, Suite 202). The Office of Accessibility Services will make a determination regarding the request and notify the appropriate parties. Reasonable accommodations depend upon the nature and degree of severity of the documented disability. While the Americans with Disabilities Act of 1990 requires that priority consideration be given to the specific methods requested by the student, it does not imply that a particular accommodation must be granted if it is deemed not reasonable and other suitable techniques are available.

C. CONFIDENTIAL RESOURCES

If you are not certain that you want to take formal action (e.g., filing a police report or making a report on campus), you may receive support from any of several staff members who are designated as Confidential Resources.  Only in very rare and specific circumstances would they ever divulge information that you share with them. 

The Confidential Resources at AU are:

Counseling Center

 

 

Erin Maurer, Director

emaurer@andersonuniversity.edu

864.622.6078

Thrive Wellness Center

 

 

Deb Taylor, Director

dtaylor@andersonuniversity.edu

864.622.6078

Sarah Forsythe, Asst. Director

Sforsythe@andersonuniversity.edu

864.622.6078

Collins Wayland, NFP

cwayland@andersonuniversity.edu

864.622.6078

Sports Medicine

 

 

, Director

@andersonuniversity.edu

864.231.2144

Jordan Mitchell, Asst. Director

jmitchell@andersonuniversity.edu

864.231.2144

Campus Ministries

 

 

James Hanson, Director

jhanson@andersonuniversity.edu

864.231.2038

Becky Walker, Associate

bwalker@andersonuniversity.edu

864.231.2077

D. RESOURCES FOR FORMAL REPORTING ON CAMPUS

If you decide that you would like to make a formal report on campus, you may contact any of the following offices:

Title IX Coordinator

Thrift Library Suite 202

864.231.2026

Human Resources (employees)

Merritt Admin. Bldg., first floor

864.231.2131

Residence Life

Student Center, 315

864.622.6011

Office of Student Development

Student Center, 341

864.231.2075

Campus Safety

Welcome Center

864.231.2060

E. Options for Assistance

A. Medical Assistance

  1. Thrive Wellness Center will provide care and counsel for traditional students and help with referrals as needed.  The Center can also assist with referrals for post-traditional students.
  2. Anmed Hospital, through its Emergency Department, provides nurses trained in assisting those who have experienced rape, can do rape kits to collect evidence, and assist with contacting law enforcement.

B. Counseling

  1. Counseling Services through Thrive Wellness work with traditional students who need counseling.  They will also talk with and work on referrals for post-traditional students. 
  2. Designated Confidential Resources in Campus Ministries and Sports Medicine can offer confidential support.

C. Foothills Alliance in Anderson, SC

  1. Foothills Alliance offers a 24 hour sexual assault crisis hotline, accompaniment and advocacy for survivors at local emergency rooms, with law enforcement, and in court, individual/family therapy, and group therapy. 

2.   The Sexual Trauma Center and hotline number is 1-864-231-7273.

D.  Rape, Abuse and Incest National Network (RAINN)

Hotline: 800.656.HOPE (4673)

The Rape, Abuse and Incest National Network is the nation’s largest anti-sexual violence organization.  RAINN operates the national sexual assault hotline at 800.656.HOPE (4673) and the national sexual assault online hotline at www.rainn.org.  The hotline offers free, confidential services. RAINN educates the public about sexual violence and leads national efforts to prevent sexual violence, improve services to victims, and ensure that rapists are brought to justice.

Interim Support Measures

Anderson University supports those who bring forward claims of sex or gender-based discrimination by offering interim support measures and efforts to remedy the impact of the alleged misconduct.  Examples of interim measures may include:

  • No-contact orders for both parties
  • Changes in housing assignments
  • Changes in class schedules
  • Changes in work schedules or job assignments
  • Assistance with rescheduling exams
  • Limiting access to certain campus facilities until the complaint has been investigated and responsibility determined
  • Academic support services
  • Counseling and/or health services

There may be other interim measures, but these are examples of steps that Anderson University may take to support someone involved in an incident of sexual misconduct.  Measures are specific to the individual and the situation and are fair and equitable.  Individuals seeking interim measures may contact the Title IX Coordinator or a Deputy Coordinator.

Scope of the Policy

Both Title IX and the Campus SaVE Act affirm the right of students, staff, faculty, and guests to an environment free from discrimination based on sex/gender.  This policy applies to behaviors involving community members both on campus and in certain off campus situations.  Off campus situations include, but are not limited to, off campus Student Activities, Study Abroad programs, field trips, internships, University-sponsored community service, and off campus university housing.

Confidentiality and Reporting

The University strongly encourages reporting parties to talk with someone about incidents of sexual misconduct and to seek out assistance and resources.  In deciding with whom to have these conversations, students should be aware of the reporting responsibility of various employees.

Certain employees have been designated as Confidential Resources.  In almost every case, a report can be made to them with the expectation that the reporting party will not be identified.  However, an exception may be made if the Confidential Resource determines that the incident represents an imminent and ongoing threat to the campus community.  Otherwise, only aggregate and unidentifiable information is submitted by the Confidential Resource to meet federal reporting requirements. 

All other employees at Anderson University are considered Mandated Reporters.  When a report of sexual misconduct is shared with one of these employees, that person is required to report this to the Title IX Coordinator.  However, the person who experienced the sexual misconduct may request confidentiality or no investigation from the Title IX Coordinator. 

III. Interim Support Measures

Anderson University supports those who bring forward claims of sex or gender-based discrimination by offering interim support measures and efforts to remedy the impact of the alleged misconduct.  Examples of interim measures may include:

  • No-contact orders for both parties

  • Changes in housing assignments

  • Changes in class schedules

  • Changes in work schedules or job assignments

  • Assistance with rescheduling exams

  • Limiting access to certain campus facilities until the complaint has been investigated and responsibility determined

  • Academic support services

  • Counseling and/or health services

There may be other interim measures, but these are examples of steps that Anderson University may take to support someone involved in an incident of sexual misconduct.  Measures are specific to the individual and the situation and are fair and equitable.  Individuals seeking interim measures may contact the Title IX Coordinator or a Deputy Coordinator.

IV. Scope of the Policy

Both Title IX and the Campus SaVE Act affirm the right of students, staff, faculty, and guests to an environment free from discrimination based on sex/gender.  This policy applies to behaviors involving community members both on campus and in certain off campus situations.  Off campus situations include, but are not limited to, off campus Student Activities, Study Abroad programs, field trips, internships, University-sponsored community service, and off campus university housing.

V. Confidentiality and Reporting

The University strongly encourages reporting parties to talk with someone about incidents of sexual misconduct and to seek out assistance and resources.  In deciding with whom to have these conversations, students should be aware of the reporting responsibility of various employees.

Certain employees have been designated as Confidential Resources (see above).  In almost every case, a report can be made to them with the expectation that the reporting party will not be identified.  However, an exception may be made if the Confidential Resource determines that the incident represents an imminent and ongoing threat to the campus community.  Otherwise, only aggregate and unidentifiable information is submitted by the Confidential Resource to meet federal reporting requirements.

All other employees at Anderson University are considered Mandated Reporters.  When a report of sexual misconduct is shared with one of these employees, that person is required to report this to the Title IX Coordinator.  However, the person who experienced the sexual misconduct may request confidentiality or no investigation from the Title IX Coordinator.

VI. Defining and Recognizing Prohibited Conduct

Anderson University is committed to encouraging and maintaining an educational, working, and living environment reflective of our Christian faith and characterized by civility and mutual respect.  To that end, the University prohibits sexual harassment, sex/gender discrimination, sexual assault, rape, stalking, domestic and dating violence (relationship abuse).  It is a violation both to commit these acts and to attempt to commit these acts. 

Anderson University’s definition of consent informs and applies to each of these acts. 

Consent is affirmative, conscious, and voluntary agreement to engage in sexual activity.

  • Past consent does not imply future consent. 

  • Silence or absence of resistance does not imply consent. 

  • Consent must be clearly demonstrated through mutually understandable words and/or actions. 

  • Consent can be withdrawn at any time. 

  • Consent to one form of sexual activity cannot be assumed to imply consent to any other form of sexual activity. 

Relying on non-verbal communications can lead to misunderstandings. Whether consent has been given will be determined contemporaneously with the activities in question.

If the victim is mentally or physically incapacitated or impaired so that the victim cannot understand the fact, nature or extent of the sexual situation, and the condition was or would be known to a reasonable person, there is no consent. This includes conditions due to alcohol or drug consumption, or being asleep or unconscious.  Therefore, in evaluating consent, the University poses two questions:

  1. Did the person who initiated sexual activity know that the other party was incapacitated?

  2. Should a sober, reasonable person have known that the other party was incapacitated? 

If theanswer to either question is “yes,” consent was not present and the conduct likely has violated this policy.  Also, consent is never present with a person under the legal age of consent.

A. Sexual Harassment

Sexual and gender-based harassment that create a hostile environment are forms of sex discrimination prohibited by Title IX of the Education Amendments of 1972, and may violate other federal and state laws, including Title VII of the Civil Rights Act of 1964, and South Carolina state law. Sexual harassment is unwelcome conduct of a sexual nature. Unlawful sexual harassment can include unwelcome sexual advances; requests for sexual favors; and other verbal, nonverbal, or physical conduct of a sexual nature, such as sexual assault or acts of sexual violence. Gender-based harassment may include acts of verbal, nonverbal, or physical aggression, intimidation, or hostility based on sex or sex-stereotyping, even if those acts do not involve conduct of a sexual nature.

Sexual harassment is unwelcome conduct of a sexual nature. Determination of the conduct as “unwelcome” is subjective based on the viewpoint of the person who receives the conduct.  Unwelcome conduct of a sexual nature is a violation of Title IX if a reasonable person would, under the circumstances, consider the conduct to be sufficiently serious that it adversely affects a person’s ability to participate in or benefit from the university’s programs. However, unwelcome conduct of a sexual nature may be inconsistent with the university’s Christian mission and violate the university’s policy against harassment even if the conduct does not rise to the level of being unlawful. Conduct may be sexual harassment without regard to the intention of the harasser.

Both women and men are protected from sexual harassment under these policies, whether the harassment is perpetrated by a member of the same or the opposite sex.  Sexual harassment may be committed by a male or a female toward either a male or a female.

Sexual harassment includes incidents in which the harasser either provides or denies an employment or educational benefit in exchange for sexual favors, or makes an adverse employment or educational decision on the basis of rejection of sexual advances.

Examples of sexual harassment may include, but are not limited to, the following:

  • Pressure for a dating, romantic, or intimate relationship

  • Unwelcome touching, kissing, hugging, or massaging

  • Pressure for or forced sexual activity 

  • Unnecessary references to parts of the body

  • Remarks about a person’s gender or sexual orientation

  • Sexual innuendoes or humor

  • Obscene gestures

  • Sexual graffiti, pictures, or posters

  • Sexually explicit profanity

  • Bullying (conduct that may be physically threatening, harmful, or humiliating)

  • Stalking or cyber-bullying that is based on gender or sex

  • E-mail, texting (“sexting”) and Internet use that violates this policy

  • Sexual misconduct (sexual violence, sexual assault, domestic violence, dating violence or stalking)

B. Hostile Environment

Sexual harassment and gender-based harassment of a student or employee may create a hostile environment if the conduct is sufficiently severe, pervasive, or persistent that it interferes with or limits an individual’s ability to participate in or benefit from the University’s learning or work environment.  A hostile environment can exist by virtue of a combination of individual incidents that would not individually constitute sexual harassment when the incidents are sufficiently severe, pervasive or persistent to create a hostile learning or working environment.  Even one serious incident, such as sexual assault, may constitute hostile environment harassment. 

C. Non-consensual Sexual Contact

Non-consensual sexual contact includes any form of sexual touching, however slight, with any object or body part, by a man or a woman upon a man or a woman, without the consent of that individual.  It may include, but is not limited to, sexual assault or sexual violence.

D. Sexual Misconduct

Sexual misconduct is non-consensual sexual activity and is a violation of Title IX.  Sexual misconduct includes, but is not limited to, sexual violence, sexual assault, stalking, and dating and domestic violence.  Anderson University will not tolerate sexual misconduct of any form.  Such conduct violates the values and principles of our community and disrupts the living, learning, and working environment for students, faculty, staff, and guests.

E. Sexual Assault

Sexual assault is any form of sexual contact directed against another person that occurs without the explicit consent of the recipient, including sexual acts committed against a person who is incapable of giving consent (e.g., due to the individual being under the influence of drugs or alcohol, or because an intellectual or other disability prevents the individual from having the capacity to give clear, unambiguous consent).  Sexual assault may occur through the use of verbal, emotional, or physical force, intimidation, or coercion.  Sexual assault includes sexual activities such as forced sexual intercourse, forcible sodomy, child molestation, incest, fondling, statutory rape, attempted rape, and non-consensual sexual contact.  It also includes any intentional sexual touching, however slight, with any object or body part, by a man or a woman upon a man or a woman, without explicit consent of that individual.  Sexual assault can be committed by students, university employees, or third parties visiting or working on the Anderson University campus.

Under South Carolina criminal law, sexual assaults may be prosecuted as Assault and Battery or under the prohibitions of the Criminal Sexual Conduct laws. Criminal Sexual Conduct in the First Degree (Section 16-3-652) occurs when the assailant sexually batters a victim with one or more of the following aggravating circumstances: 1) the assailant used aggravated force to accomplish the sexual battery; 2) the victim submits to sexual battery after being a victim of forcible confinement, kidnapping, trafficking in persons, robbery, extortion, burglary, housebreaking, or other similar act; or 3) the assailant causes the victim to become mentally incapacitated or physically helpless by administering, distributing, dispensing, delivering, or causing to be such with a controlled substance or intoxicating substance. Criminal Sexual Conduct in the Second Degree (Section 16-3-653) occurs where the assailant uses aggravated coercion as defined as threats to use force or violence of a high and aggravated nature to overcome the victim, where the victim reasonably believes the assailant has the ability to carry out the threat, or where the assailant threatens to retaliate in the future by infliction of physical harm, kidnapping or extortion. Criminal Sexual Conduct in the Third Degree (Section 16-3-654) occurs when the assailant uses force or coercion to accomplish the sexual battery or aggravated force or aggravated coercion was not used to accomplish sexual battery but the assailant has reason to know the victim is mentally defective, mentally incapacitated, or physically helpless http://scstatehouse.gov/code/t16c003.php

F. Stalking

Stalking is defined as a course or pattern of conduct directed at a specific person that involves repeated (two or more occasions) instances of visual or physical proximity, nonconsensual communication, or verbal, electronic, written, or implied threats, or a combination thereof, that would cause a reasonable person to fear for their well-being or safety.  Stalking behaviors may include persistent patterns of leaving or sending the victim unwanted items or presents that may range from seemingly romantic to bizarre, following or lying in wait for the victim, damaging or threatening to damage the victim’s property, threatening bodily injury, harm or sexual contact to the individual or his/her family, defaming the victim’s character, or harassing the victim via the Internet by posting personal information or spreading rumors about the victim. South Carolina criminal law defines stalking as a “pattern of intentional, substantial and unreasonable intrusion into the private life of a targeted person that causes the person and would cause a reasonable person in their position to suffer mental distress.”

G. Domestic Violence

Domestic Violence is defined under state criminal law as “physical harm, bodily injury, assault or the threat of physical harm” directed toward “persons who have a child in common, and persons cohabiting or formerly cohabiting.”  Domestic violence may also include a pattern of abusive or violent behavior used by one partner in a domestic relationship to gain or maintain power and control over another partner.   Domestic violence can be physical, sexual, emotional, economic, or psychological actions or threats of actions that influence another person. This includes any behaviors that intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure, or wound someone.

H. Dating Violence

Dating Violence occurs when one person intentionally hurts or scares someone they are dating and includes physical, emotional, and sexual violence. Dating violence may include, but is not limited to:

  • Physical abuse such as hitting, shoving, kicking, biting, or throwing objects.

  • Emotional abuse such as yelling, name-calling, bullying, embarrassing, preventing interaction with friends, telling someone that they deserve the abuse, or providing gifts to “make up” for the abuse.

  • Sexual abuse and violence such as forcing someone to engage in sexual activity or engaging in sexual activity when one of the persons is unable to consent due to use of alcohol or drugs.

I. Retaliation

Any individual who is found, after appropriate investigation, to have engaged in harassment of or retaliation toward another individual who reports an incident of alleged harassment or sexual misconduct, or any person who testifies, assists, or participates in a proceeding, investigation, or review relating to such reports of harassment or sexual misconduct, will be subject to appropriate disciplinary actions, up to and including immediate termination of employment or suspension of enrollment from the University. Retaliation includes, but is not limited to, any form of intimidation, reprisal, or harassment.

Reports of retaliation should be made in writing or in person to the Title IX Coordinator or one of the Deputy Coordinators identified earlier in this policy.

VII. Additional Definitions and Clarifications

Confidentiality. In order to safeguard the ability of the University to investigate and resolve claims of harassment and discrimination, the Title IX Coordinators make every effort to protect the confidentiality of proceedings to the extent reasonably possible.

On campus, complete confidentiality can only be guaranteed when a concern is shared with one of the designated Confidential Resources (see Section VI), and only when the concern does not entail a continuing threat of serious harm to self or others.

The University is obligated to investigate all allegations of prohibited harassment and discrimination, as put forth in this policy.  Anyone seeking guidance or information concerning potential harassment or discrimination should be aware that the University may need to take action once informed of an allegation, whether or not the person wants to pursue a complaint.

Focus on Sexual Misconduct Complaint.  Some students may be afraid to report an incident due to their violation of University policies, for instance, if they were using alcohol or drugs.  The University’s focus in Title IX complaints is on determining whether sexual misconduct has occurred.  Thus, students are encouraged to report regardless of such circumstances.  Issues such as alcohol and drugs will not be adjudicated with respect to victims or witnesses who act in good faith with regard to a sexual misconduct complaint.

It should be reiterated, however, that use of alcohol and other drugs does not excuse sexual misconduct, and any person who has been incapacitated by alcohol or drugs cannot give consent to sexual activity.

Reporting Party.  For the purpose of this policy, “reporting party” will be used to refer a person who is reported to have experienced sexual harassment or sexual misconduct, regardless of whether they actually reported the incident or the report was initially made by another individual.

Responding Party.  This term will be used in this policy to refer to an individual who is alleged to have carried out one or more of the prohibited acts defined in this policy.

Responsibility/Finding. Title IX Investigations at Anderson University are not legal proceedings and are not designed to determine the guilt or innocence of the responding party.  The Title IX Investigation process will arrive at a decision, or “finding,” based on a Preponderance of the Evidence standard, meaning that the Investigation Team decides whether it is more likely than not that the responding party was “responsible” for the behavior alleged in the sexual harassment or sexual misconduct report.

Use of Alcohol or Drugs.  A person who has consumed alcohol or other drugs nevertheless has a responsibility to obtain consent for any sexual activity with another person.  Impairment due to alcohol or drugs is never acceptable as an excuse for failing to obtain consent.

VIII. Reporting an Incident

Individuals, whether directly involved or third parties, may request action or assistance from on campus and/or from the larger Anderson community.  Interim measures may be made available to you in an effort to remedy the impact of the alleged misconduct. The following situations are example of reasons why you might choose to report an incident of misconduct:

  • To seek formal action against someone, such as removing them from a class or campus

  • To educate the person about their behavior through use of the University’s Title IX processes and procedures

  • To make AU aware of the behavior in case it is part of a larger pattern

  • To help prevent similar incidents happening again in the future

  • To confront the individual and make your voice heard about how you feel about what happened

  • To receive assistance in changing classes or other on campus arrangements

  • To receive support in coping with an incident

Reporting Confidentially

If you are seeking support but want to maintain confidentiality, the best on campus resources for you include the clinicians in the Health Center, any staff in the Counseling Center, or designated ministers on the Campus Ministries or Sports Medicine staffs. All of these resources are included in the cost of attendance for traditional students. The off-campus resources listed in Section VII are also confidential resources. You may consider a confidential option if you:

  • Would like to know about support and assistance but are not sure if you want to pursue formal action against the individual;

  • Have questions or would like to process what happened with someone without involving police or Title IX procedures; and/or

  • Do not want the responding party (i.e., alleged violator) to know that you are seeking help or support.

Please be aware that Confidential Resources are obligated to report under these circumstances: 1) the individual reporting is in imminent danger; 2) there is an imminent danger posed to others; or 3) situations involving the abuse of a minor.  Some Confidential Resources may be required by law to disclose information in connection with a legal proceeding related to the complaint.

Informal Resolution

Individuals may seek an informal resolution in place of a formal report and investigation. The University, however, has the discretion to determine whether the nature of the reported conduct is appropriate for an informal resolution, to determine the type of informal resolution that may be appropriate in a specific case, and to refer a report for formal investigation at any time.

Forms of informal resolution that involve face-to-face meetings between the reporting and the responding parties, such as mediation, are not available in cases involving sexual assault. Participation in an informal resolution process is voluntary. The University will not compel a reporting or responding party to engage in an informal resolution, will not compel a reporting party to directly confront the responding party, and will allow a reporting or responding party to withdraw from the informal resolution process at any time. The University may decline the request for informal resolution in any particular case and may terminate an ongoing informal resolution process at any time. Pursuing an informal resolution does not preclude later use of a formal investigation if the informal resolution fails to achieve a resolution acceptable to the parties and the University. When the reporting or the responding party withdraws from an informal resolution process, or when an informal resolution is otherwise terminated for any reason, any statements or disclosures made by the parties during the course of the informal resolution may be considered in a subsequent formal investigation.

With any informal resolution, each party has the right to choose and consult with a support person. The support person may be any person, including an attorney, who is not otherwise a party or witness to the reported incident(s). The parties may be accompanied by their respective support persons at any meeting or proceeding held as part of the informal resolution. While the support persons may provide support and advice to the parties at any meeting and/or proceeding, they may not speak on behalf of the parties or otherwise participate in, or in any manner disrupt, such meetings and/or proceedings.

Informal resolutions may include:

  1. Resolution with the Assistance of a Third Party: A reporting party may seek assistance in informally resolving a report of prohibited conduct from the Title IX Coordinator, who can arrange to have a trained representative facilitate a meeting or meetings between the parties. The availability of this informal resolution is subject to the agreement of the Title IX Coordinator, the reporting party, and the responding party. This form of informal resolution may not be used where the allegation involves sexual assault.

  2. Interventions and Remedies: Informal resolution agreements may involve a host of interventions and remedies, such as actions designed to maximize the reporting party’s access to educational, extracurricular, and/or University employment activities; increased monitoring, supervision, and/or security at locations or activities where the prohibited conduct occurred or is likely to reoccur; targeted or broad-based educational programming or training for relevant individuals or groups; academic and/or University housing modifications for involved parties; workplace modifications; and/or any other remedial or protective measures that can be tailored to the involved individuals to achieve the goals of the Policy.

Any form of informal resolution and any combination of interventions and remedies may be utilized. If an agreement acceptable to the University, the reporting party, and the responding party is reached through an informal resolution process, the terms of the agreement are implemented and the matter is resolved and closed. If an agreement is not reached, and the Title IX Coordinator determines that further action is necessary, or if a responding party fails to comply with the terms of the informal resolution, the matter may be referred for a formal investigation. The Title IX Coordinator will maintain records of all reports and conduct referred for informal resolutions.  A reporting party should also know that they have the option to bring criminal or civil actions against the responding party.

Formal Reporting Options

Anderson University encourages all students, faculty, and staff to file a formal report of an incident with designated campus officials.  All employees except those designated as Confidential Resources (see Appendix C) are designated as Mandated Reporters and will help you with filing your report. Reporting to any of these individuals is considered an official notice to the institution. After you file a report, you should expect the institution to investigate and properly resolve the incident through administrative procedures. Information disclosed in a formal report will be shared only with individuals who need to know of the incident, including the incident investigators, responding party, witnesses, and Title IX Coordinators.

Please note that separate protocols exist for criminal reports. If you would like to file a criminal report, please contact the Title IX Coordinator or Campus Safety at 864-231-2060.

Please be aware that if you file a formal report, your name and the relevant reported information will be disclosed and will appear in the investigation report.

You may consider filing a report if you:

  • Would like formal action taken. Formal action can include assistance in: obtaining a restraining order or University “No Contact” order, conduct or employment action for the responding party if they are found responsible for violating university policy, or filing criminal charges.

  • Would like the University to be aware of the situation in case it happens again.

For more information on the Title IX and Gender-Based Discrimination procedures (including investigations and hearings), please contact the Title IX Coordinator or Deputy Title IX Coordinators. You may also find it helpful to review the full policy plus appendices as provided on the Title IX Policy web page.

IX. Investigation and Adjudication Procedures and Protocols

A. Jurisdiction

Any person may file a report of sexual misconduct through this process against an Anderson University student who is currently enrolled, or any employee, regardless of where the alleged Sexual Misconduct occurred.  The person to whom the misconduct allegedly occurred is the reporting party, and the person against whom the report is filed is the responding party.

If the incident did not occur on campus or at a University-sponsored event, the Title IX Coordinator will be tasked with determining whether the University can exercise jurisdiction in the matter.  If the incident is determined to be within the University’s jurisdiction, it will be investigated to the best of the University’s ability to do so.

B.  Timing of Reports

There is no time limit for submission of a report alleging Sexual Misconduct.  There may be a delay in processing and investigating if the report is received after semester’s end or during a University break.  Please note that Anderson University’s ability to provide effective sanctions for violations of the policy is limited once the responding party is no longer enrolled at AU.  However, if the safety and interests of the Anderson University community are determined to be at risk, the University reserves the right to initiate adjudication of a report immediately, even if the report comes at the end of a semester.

C.  Intentional Presentation of False Information

Anderson University holds truthfulness as an important value.  The institution makes an assumption that those who participate in the Title IX process will present, in good faith, truthful and accurate information to those tasked with ensuring a fair process (including the Title IX Coordinator, Deputy Coordinators, Investigators, and, if relevant, point of reconsideration).  Anyone who knowingly makes false statements or presents inaccurate or misleading information will be subject to a separate disciplinary action to address that conduct. 

D.  Related Policy Violations

Sometimes a student may be concerned about reporting an incident of sexual misconduct because they fear that their own conduct may lead to disciplinary action for them (e.g., the reporting party or a witness was using alcohol or drugs at the time of the incident).  The focus in matters of sexual misconduct is always on the reported behavior, not on whether someone was, for instance, using alcohol or drugs at the time.  Individuals are encouraged to come forward regardless of such circumstances.

An allegation of sexual misconduct will always seek to make the sexual misconduct allegation the primary focus of the investigation and of any disciplinary action.  Anderson University will not seek to discipline students about those secondary actions in a sexual misconduct investigation, although there may be educational discussions and interventions.  Please note that using alcohol or drugs does not excuse sexual misconduct, and anyone who has been incapacitated through alcohol, drugs, or any other means cannot give consent to sexual activity.

E.  No Contact between Participants

On receipt of a formal report, the Title IX Coordinator may issue a No Contact Order which prohibits contact or communication between the reporting and responding parties.  The Order bars any attempt to contact the other party, directly or through others (friends, family members, attorneys, etc.).  The Title IX Coordinator or designee will work with the involved students to help facilitate the No Contact Order, so that they may attend classes and utilize University facilities as appropriate.  The No Contact Order could be extended after the investigation and determination have concluded, at the request of either party.  If it is demonstrated that either party has violated the Order, the responsible student may be separated from the University until the case is finally resolved.

F.  Interim Support Measures

Interim support measures may be provided to either or both parties when a claim of discrimination has been made, including but not limited to the following:

  • Changes in housing assignments

  • Changes in class schedules

  • Changes in work or job assignments

  • Assistance with rescheduling exams

  • Limiting access to certain campus facilities until the case has been investigated and responsibility determined

  • Academic support services

  • Counseling and/or health services

G.  Retaliation

AU strictly prohibits retaliation against anyone who brings forward a report of sexual misconduct or who participates in the investigation and resolution process in any way.  Retaliation may include, but is not limited to, intimidation, threats, hostile words or actions, disseminating information about a report or investigation, or excluding or discriminating against an individual due to that person’s participation in the process.  Anyone who retaliates, or threatens to retaliate, against the reporting party or another person will be subject to disciplinary action by the University.  A party may also be held responsible for retaliation by someone affiliated with them, such as a friend or family member.  Retaliation should be promptly reported to the Title IX Coordinator, Dr. Dianne King (864.231.2026). 

H.  Witnesses 

Both the reporting party and the responding party have the right to identify individuals who may be witnesses to the conduct alleged in a formal report.  It is possible that both parties may include the same people as witnesses.  Witnesses are encouraged to cooperate and speak the truth, and should not be intimidated, threatened, or improperly influenced in any way by either party or through others.  Any attempt to improperly influence the testimony of a witness will result in separate disciplinary action by the University.  The investigators will attempt to interview any witnesses identified by the parties that are deemed relevant to the resolution of the formal report.

I.  Advisors 

Both the reporting party and the responding party have the right to have an advisor, or support person, to help them navigate the Title IX investigation and resolution process.  This should be someone whom the party trusts to provide advice and support, and with whom the party is able to confide.  The advisor may be someone from within the University (friend, faculty, staff member) or outside the University (family member, agency advocate, or attorney).  The advisor may accompany the party to all meetings with the Title IX Coordinator/Deputy Coordinator, the Title IX investigators, and if there are meetings involving a review of the case, those meetings as well.  However, the advisor may not participate in these meetings.  They may not serve as a witness or speak on behalf of the party.   The advisor may not cross-examine witnesses, present arguments, or answer questions on behalf of their advisee. They must agree to maintain the confidentiality of the process.  An advisor who becomes disruptive or who does not follow these guidelines will be removed or dismissed by the University.

J.  Confidentiality 

Material, written or otherwise, related to a formal report is treated as confidential.  Disclosure of such information by either party or by witnesses to anyone except the Title IX Coordinator/Deputy, Investigators, advisor/support person, legal counsel, confidential resources, or those who by state law are bound by confidentiality (clergy, licensed counselors, psychologists, psychiatrists) is strictly prohibited.  Anyone who discloses material outside those specified above may be subject to disciplinary action.  Persons outside the Title IX process with whom a party or witness shares information is prohibited from disclosing it without express written permission from the Title IX Coordinator.

K.  Attorneys 

While it is not necessary, both the reporting party and the responding party have the right to consult with a private attorney, at their own expense, regarding a formal report and investigation.  The attorney may be referred to the Title IX Coordinator regarding the pending report. 

L.  Criminal Conduct 

When the allegations in a formal report may also constitute criminal behavior, participants are advised to seek legal counsel before making written or oral statements.  The Title IX process is not a courtroom environment, and attorneys are not permitted to actively participate in the process.  However, participants are advised to seek legal advice regarding how the Title IX student conduct process may impact any criminal case with which they may become involved.

The University will conduct its own investigation and resolution, regardless of whether the alleged behavior is being pursued through the criminal justice system.  It will seek to cooperate with law enforcement as much as possible.  It is possible that such cooperation might require the University to temporarily suspend its investigation while law enforcement gathers its evidence.  The University investigation will resume as soon as it can do so without interfering with law enforcement activities.

M. Admissibility of Evidence

The Title IX investigation process is not intended to be a court of law and is not governed by the rules of evidence associated with the legal system.  Parties may address issues and present documents and other information to the investigators without being concerned about the admissibility thereof.  If the investigators find the information relevant in determining whether the alleged conduct occurred, that information must be disclosed to the other party in the interest of fairness.

  • Sexual history: In the accusation of sexual misconduct, neither the past sexual history of the two parties, nor the past sexual history of either party will be used to determine whether alleged misconduct occurred.  Consent to one sexual act does not constitute consent for another sexual act.

  • The use of medical and/or counseling records in the investigation process is rare.  These records are privileged and confidential, so that students will not be required to disclose them in this process.  “Privileged” means that the documents cannot be shared with anyone other than the treating professional without the patient’s consent, so students should be aware of the legal implications of agreeing to produce privileged records.  If a reporting or responding party, after due consideration, determines that their own medical or counseling records may be helpful in the investigative process, below are some options for voluntarily presenting the information:

    • The reporting party may decide voluntarily to present their medical/counseling records to the investigators for consideration in the investigation.  If that is decided, the records must be produced in their entirety.  It is inappropriate to produce only excerpts of such documents, and incomplete documentation will not be considered.

    • The investigators may feel that the records may be helpful to the investigation.  The party is under no obligation to provide these documents and may simply say “no” to the request.

    • The investigators may ask one of the parties to voluntarily provide verification of medical/counseling services, only confirming that such treatment occurred without providing any details regarding treatment.

    • If a person is in possession of the medical/counseling records of another party or witness (a rare event), they may only be presented if 1) the records are shown to be relevant to the investigation; 2) the person can document/otherwise prove that they were legally obtained; and 3) the records can be authenticated.  All three requirements must be met for the records to be considered.

N. Parental Notification

Anderson University does not have the practice of notifying parents/guardians when a formal Title IX report is filed.  Students are encouraged to inform their parents/guardians if the resolution of the investigation leads to their receiving disciplinary action.  If the disciplinary action leads to the student being separated from University housing or from the University, the University will assist the student in notifying the parents/guardians at the time of the decision.

X. Sexual Misconduct Prevention Policy

Anderson University provides education on Sexual Harassment and Sexual Misconduct, including sexual assault, sexual violence, domestic violence, dating violence, and stalking, to all members of the University community through mandatory training, campus programs, printed educational materials, and official campus policies.  In addition, mandatory training for all new students is provided at the start of the school year to educate students about sexual harassment and sexual misconduct. All new students are required to participate in this training.  Types of training include:

  • Haven video training for all new students and new employees each year

  • In-person training for student leaders

  • In-course training in the freshman course AU 101 each year

  • Training for all employees every three years

Appendix A

Investigation and Resolution Process

A. Filing a Formal Report

Any person who has experienced an incident of sexual misconduct, including sexual harassment, sex/gender discrimination, sexual assault, relationship abuse, stalking, and/or any other sexually-based misconduct committed by a member of the AU community may file a report against the individual responsible for that misconduct.

Reports should be filed with either:

Dr. Dianne King
Title IX Coordinator
Associate Vice President/Dean of Student Success
Thrift Library, Suite 202
864.231.2026

Title IX Deputy Coordinator
Director of Human Resources
First floor, Merritt Administration Building
864.231.2131

Reports may be made in person, by telephone, by email, or by postal mail.  The person making the report is designated the Reporting Party.  The reporting party may make an anonymous report, but this may cause greater difficulty in verifying the misconduct alleged in the report and thus taking corrective action.  The reporting party may also submit reports to the Department of Education Office for Civil Rights:

US Department of Education
Office for Civil Rights
400 Maryland Ave., SW
Washington, DC 20202-1328
1-800-421-3481
Web address: ocr@ed.gov

Rights of the Parties

To provide fundamental fairness to both parties, both the reporting party and the responding party have the following rights, many of which are described in greater detail throughout the policy.

You have the right:

  • To be treated with respect and dignity
  • To receive assistance from the University in reporting the incident to law enforcement at any stage of the process
  • To receive information about the process the University will employ for conducting the investigation, reaching a finding, and considering any request for reconsideration
  • To receive information about support available from University or community resources
  • To privacy, to the extent possible and consistent with applicable law and University policy
  • To have an advisor present throughout the process
  • To choose whether or not to participate in the investigation process
  • To a prompt and thorough investigation of the allegations
  • To have a reasonable time to provide information, including any oral or written statement, to the investigators
  • To raise any question regarding a possible conflict of interest on the part of any person involved in the investigation or determination of responsibility
  • To request a reconsideration of the decision and any sanctions that come from the investigatory process
  • To notification in writing of the case resolution, including the outcome of any request for reconsideration

Confidentiality for the Reporting Party

The University strongly supports a reporting party’s interest in confidentiality in cases involving sexual harassment/misconduct.  However, certain situations call for the University to override this request in order to meet its legal obligations to provide an education environment that is safe and free from harassment or sexual violence.  Information regarding alleged incidents will be shared only with individuals responsible for handling the University’s response, to the extent possible.

Honoring a request that the reporting party’s name not be divulged to the responding party or that the University not investigate or seek action against the responding party may limit the University’s ability to respond fully to the incident and to pursue appropriate disciplinary action.  In the event such a request is made, the Title IX Coordinator must determine whether this request can be honored while still providing a safe and nondiscriminatory environment for all members of the campus community.  If the Coordinator determines that such a request can be respected, the Coordinator will take all reasonable steps to respond to the report consistent with the request.

A number of factors will be considered when considering a request from the reporting party to remain unknown to the responding party.  If these factors suggest that doing so increases the risk that the responding party may commit additional acts of sexual misconduct or violence, the Title IX Coordinator may determine that the University cannot honor the request. 

The reporting party may withdraw a request for confidentiality at any point in the process, at which time a full case will be conducted to the extent possible.

Notification of the Responding Party

The person against whom the formal report has been made is called the responding party.  Once a formal report has been filed, the responding party will be notified in writing of the accusation, the policy violation it represents, the date/time of the alleged incident, and the person who brought the report forward.  The letter will request a meeting with the reporting party, and the party will be told of his/her rights in the investigatory process, including the opportunity to have an advisor/support person present in all meetings.  This letter is not in itself an accusation, but rather notice that someone has brought forth an accusation, and that the Title IX process is seeking to determine the truth as best it can. 

Investigatory Process

Once a formal report has been submitted, the Title IX Coordinator works with a Deputy Coordinator to select typically two investigators who will be responsible for conducting an impartial investigation in a timely manner. At the close of the investigation, the investigators will submit a written report to the Deputy Coordinator overseeing the case, who will render a finding of responsibility to both parties. 

Both parties may present witnesses and other evidence to the Title IX investigators.  In cases which may lead to suspension or expulsion, and in which the credibility of one or more persons is critical to the outcome, the university will facilitate some means of cross-examination by the reporting party and the responding party. The purpose of the cross-examination will be to allow the person or persons making the final determination with respect to the complaint to observe and assess the credibility of those persons who are offering critical testimony.

Standard of Proof

The determination of responsibility is based on the preponderance of evidence standard, which means that the responding party is more likely than not to have committed the behavior of which they have been accused.  This is consistent with the standard for other student conduct decisions at the University. 

Notice of Outcome

The reporting party and the responding party will both be notified simultaneously in writing of the outcome of the investigation.  If the responding party is found responsible for a violation under Title IX, the investigators will work with the Deputy Coordinator to develop recommendations for sanctions.  Those sanctions will be forwarded to one of the student conduct officers (if the responding party is a student) or to the Director of Human Resources (if the responding party is an employee) to make a final determination and to communicate sanctions to the responding party. 

In the case of sexual harassment, the reporting party will only be notified of sanctions imposed on the responding party when those sanctions are directly related to the reporting party, such as an order of no contact or a change of class schedule, suspension, removal from a residence hall, or removed from the University.  In compliance with the Clery Act, both parties will be informed of all sanctions if the responding party is found responsible for a sex offense.

Sanctions

An individual accused of sexual misconduct or harassment may be immediately restricted from campus or suspended, pending disposition of any disciplinary processes, based on the judgment of the Title IX Coordinator.  Individuals who have been found responsible for sexual misconduct are subject to disciplinary action in accordance with the University’s Community Values and Expectations (see Anderson University Student Handbook) or the Anderson University Employee Handbook (faculty/staff members).  Sanctions will be recommended by the investigatory team (investigators and Deputy Coordinator) but are ultimately determined by student conduct officers on the Student Development staff (for students) or the supervisor and/or Human Resources Office (for faculty/staff). 

Sanctions are intended to stop the indicated behavior and to make the campus environment safe and free of discrimination.  Student sanctions may include, but are not limited to:

  • Warning: A notice in writing to the student that the student is violating or has violated institutional regulations.
  • Probation: A written reprimand for violation of specified regulations.  Probation is for a designated period of time and includes the probability of more severe sanctions if the student is found to violate any other institutional regulation(s) during the probation period.  Probationary status may affect participation in student organizations, intercollegiate athletics, financial aid eligibility, and transfer to another institution.
  • Loss of Privileges: Denial of specified privileges for a designated period of time.  Such privileges include residence hall visitation, employment, parking, involvement in clubs and organizations, extra-curricular activities, athletics, perfomrance groups, internships (including student teaching), or other privileges appropriate to the violation.
  • Educational Assignments: Student may be required to complete educational assignments related to the violation.  Assignments may include seminars, research, reflection papers, or online courses.
  • Parental Notification: On occasion the student may be asked to notify his or her parent(s) or guardian(s) of the policy violation.  The parent or guardian will then be asked to verify the notification by contacting the appropriate Student Development staff member.  This sanction is imposed only wiht the student’s consent unless permitted by applicable law, including the Family Educational Rights and Privacy Act.
  • Restitution: Compensation for loss, damage, or injury.  This may take the form of appropriate service and/or monetary or material replacement.
  • Discretionary Sanctions: Work assignments, service to the University, or other related discretionary assignments (such assignments must have the prior approval of a Student Development Dean).
  • Residence Hall Suspension: Separation of the student from the residence halls for a definite period of time, afer which the studcent may be eligible to return.  Conditions for readmission may be specified.
  • Residence Hall Expulsion: Permanent separation of the student from the residence halls.
  • Suspension: Separation of the studnet from the University for a definite period of time, after which the student may be eligible to return.  Conditions for readmission may be specified.
  • Expulsion: Permanent termination of student status.  Student is not eligible to return to Anderson University.
  • Additional Responses: In addition to the above responses, conduct officers in the Division of Student Development may use other sanctions when deemed necessary and appropriate.  These may include but are not limited to: notification of faculty, coaches or other staff members as appropriate; residence hall relocation; restrictions from areas of campus; reassignment of a class or classroom; harassment or sensitivity training; or counseling  or mentoring.

Sanctions for employees will be assigned by the employee’s supervisor and/or Human Resources personnel and may include but are not limited to:

  • Informal warning
  • Letter of warning in employee’s personnel file
  • Harassment or sensitivity training
  • Counseling
  • Relocation of work area/office
  • Restrictions
  • Reassignment of work duties
  • Termination

Request for Reconsideration

Either party may request reconsideration of the initial decision by providing a written request for reconsideration to the Title IX Coordinator within three (3) business days after the written finding has been delivered.  Both the reporting party and the responding party will be given notice that the reconsideration request has been made and be given an opportunity to respond. 

Reconsideration may be granted only for one of the following reasons:

  1. The party has new and significant evidence that was not available for consideration during the investigation.
  2. The procedures of the Harassment and Sexual Misconduct Policy were not followed as published. 
  3. The sanctions imposed are not appropriate to the findings of the investigation. 

If the Title IX Coordinator has not been significantly involved in the investigatory process, the Coordinator may be the person to consider the request.  However, if the Coordinator has been too involved in the case, or if there is any other conflict of interest, the Senior Vice President for Student Development (SVP) will take on this role. 

After reconsideration, a final written decision will be issued within twenty (20) days of receipt of the request.  The time to decision could be somewhat delayed by unusual circumstances or because a school break makes an individual unavailable for interview. 

At times the Title IX Coordinator may opt to convene a hearing panel for the reconsideration process.  The panel will consist of the Title IX Coordinator, a Deputy Coordinator, the SVP for Student Development, and one administrator outside the Title IX process who is at director level or above.  The panel will make a recommendation to the Title IX Coordinator, who will then make the final decision.

Interim sanctions, including any sanctions previously imposed, as well as any additional appropriate sanctions, may be imposed or continued during the time the request is under consideration. 

The University shall respect and protect the rights of both parties as the request for reconsideration is resolved.  Both parties will be promptly notified in writing of the outcome of the reconsideration request, the decision of which will be final.  The responding party will be notified of any changes in sanctions, and the reporting party will be given notice of any sanctions or changes in sanctions to which he or she is entitled as described above.

B. Right to File a Criminal Complaint

Many forms of sexual misconduct are also prohibited by South Carolina and federal law and may result in civil liability or criminal prosecution.  If a member of the AU community experiences sexual misconduct and wants to explore the possibility of reporting a crime, the University encourages that person to contact the Anderson Police Department (864.260.4444), or in an emergency, call 911.  Title IX personnel (see Appendix C), Campus Safety, and the Office of Student Development can all assist individuals with contacting local police upon request. 

If a member of the AU community files a criminal complaint, this does not absolve the University of responsibility for investigating the incident under Title IX, and both criminal and University investigations will typically proceed simultaneously.