Title IX – Sex/Gender Discrimination and Sexual Misconduct Policy
Printed from: https://handbook.rhodes.edu/title-ix-sexgender-discrimination-and-sexual-misconduct-policy
Published on Rhodes College: Title Ix Sexgender Discrimination and Sexual Misconduct Policy (https://handbook.rhodes.edu/)
Printed from: https://handbook.rhodes.edu/title-ix-sexgender-discrimination-and-sexual-misconduct-policy
Rhodes College is committed to ensuring a safe learning environment that supports the dignity of all members of the Rhodes community. Rhodes does not discriminate on the basis of sex or gender in any of its education or employment programs and activities. To that end, this policy prohibits specific forms of behavior that violate Title IX of the Education Amendments of 1972 and which are antithetical to the educational mission of Rhodes. This policy applies to all members of the Rhodes community.
Rhodes will not tolerate sexual misconduct, which is prohibited, and which includes, but is not limited to, sexual harassment, sexual assault, dating violence, domestic violence, sexual exploitation, and stalking. Rhodes strongly encourages students to report instances of sexual misconduct immediately. Employees are required to report such instances under Rhodes’ Employee Handbook and Rhodes’ Mandatory Reporter Policy.
These policies and procedures are intended to ensure that all students involved in a Title IX case receive appropriate support and fair treatment, and that allegations of sexual misconduct are handled in a prompt, thorough and equitable manner.
This Sexual Misconduct Policy serves as Rhodes’ comprehensive policy against sexual misconduct and gender- or sex-based discrimination in all of its forms. The accompanying Formal Grievance Policy, which is linked here, covers a narrower sub-set of sexual harassment that must be addressed according to a defined formal grievance process as required by the U.S. Department of Education under new Title IX Regulations, effective August 14, 2020. When sexual misconduct meets the criteria specified in the Title IX Regulations, it must be addressed under the Formal Grievance Policy, and not this Sexual Misconduct Policy, to the extent the processes differ between the two policies. See 34 C.F.R. § 106.44-.45; see Sections I-II of each policy. Otherwise, this comprehensive Sexual Misconduct Policy will apply (e.g., the definitions in this Policy apply to the Formal Grievance Policy). Combined, Rhodes’ policies and procedures are intended to ensure that all students impacted by an incident or complaint of sexual misconduct receive appropriate support and fair treatment, and that allegations of sexual misconduct are handled in a prompt, thorough and equitable manner.
Relevant terms are defined in Sections II below and XIII at the end of this Policy.
Rhodes will review, evaluate, and make any revisions or amendments to its policies on an ongoing and as-needed basis. This Policy and the accompanying Formal Grievance Policy shall apply to all Reports and Complaints of sexual misconduct received by Rhodes’ Title IX Coordinator on or after August 14, 2020, regardless of the date of the alleged incident. These policies will not be applied retroactively. The prior iteration of this policy shall apply to Reports and Complaints received by the Title IX Coordinator prior to August 14, 2020.
Inquiries about the application of this policy should be directed to Rhodes’ Interim Title IX Coordinator:
Inez Warner
Rhodes College
Southwestern Hall, Ste. 200
2000 North Parkway
Memphis, TN 38112
901-843-3550
warneri@rhodes.edu
Maintaining an atmosphere of free inquiry is crucial to the teaching and research mission of the College. This policy is not intended to inhibit or prohibit educational content or discussions inside or outside of the classroom that include controversial or sensitive subject matters protected by academic freedom. Academic freedom extends to topics that are pedagogically appropriate and germane to the subject matter of courses or that touch on academic exploration of matters of public concern.
Rhodes will review, evaluate, and make any revisions or amendments to this policy on an ongoing and as-needed basis.
Printed from: https://handbook.rhodes.edu/title-ix-sexgender-discrimination-and-sexual-misconduct-policy/i-opening-statement-and-purpose
A. Scope
This Policy, its supplemental procedural guidance, and the Formal Grievance Policy are intended to protect and guide individuals who have been affected by sex/gender discrimination and sexual misconduct, whether as a Complainant, a Respondent, or as a witness, and to provide fair and equitable procedures for investigation and resolution of Reports and Complaints.
As noted above, when sexual misconduct meets the criteria specified in new Title IX Regulations, effective August 14, 2020, it must be addressed under the Formal Grievance Policy, and not this Sexual Misconduct Policy, to the extent the processes differ between the two policies. The Formal Grievance Policy applies to “sexual harassment” in a Rhodes “education program or activity” against a person in the United States. 34 C.F.R. § 106.44(a). “Sexual harassment” is defined in the Regulations (§ 106.30) to be conduct on the basis of sex that satisfies one or more of the following:
1. A Rhodes employee conditioning the provision of an aid, benefit, or service on an individual’s participation in unwelcome sexual conduct (“quid pro quo”);
2. Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to Rhodes’ education program or activity; or
3. Sexual assault, dating violence, domestic violence, or stalking. (These terms are defined in the Definitions section below, Section XIII.)
“Sexual misconduct,” which is addressed in this comprehensive Sexual Misconduct Policy, is a broader term that covers sex-based conduct beyond the Title IX Regulations’ “sexual harassment” definition. Examples may include sexual exploitation and many forms of verbal harassment that may not meet the Regulations’ definition of “sexual harassment.”
Additionally, the Title IX Regulations’ jurisdictional criteria is narrower than this Sexual Misconduct Policy. The Formal Grievance Policy applies to a Rhodes “education program or activity,” which is defined by the Regulations to include locations, events or circumstances over which Rhodes exercises substantial control over both the respondent and the context in which the sexual harassment occurs, and also includes any building owned or controlled by a student organization that is officially recognized by Rhodes, if it occurs in the United States. (§ 106.44(a).)
If sexual misconduct is alleged to have occurred that does not satisfy the Title IX Regulations’ jurisdictional criteria, such as off-campus sexual misconduct (including sexual harassment) alleged to have an on-campus effect or occurring during a study abroad program, then it may be addressed according to this comprehensive Sexual Misconduct Policy.
Rhodes retains the right to utilize different processes for certain Title IX cases. For example, cases meeting the criteria of the new Title IX Regulations will be governed by the accompanying Formal Grievance Policy. Cases that are reported during the non-academic year or that extend into the non-academic year may proceed under different processes in the discretion of the Title IX Coordinator as long as they do not conflict with Rhodes’ policies. While the Formal Grievance Policy applies to alleged employee sexual harassment per the Title IX Regulations, this Sexual Misconduct Policy does not apply to alleged employee sexual misconduct or discrimination that falls outside of the new Title IX Regulations; such alleged misconduct between employees or between an employee and a non-student are governed by the Employee Handbook and Rhodes retains the right to apply modified processes for cases involving such alleged misconduct in which a student is a party if an employee or faculty member is also a party to the case.
B. Overview of Policy and Certain Key Definitions
Anyone can report an incident of sex/gender discrimination and sexual misconduct to Rhodes under the procedure described in Section VIII of this Policy. For example, a “Reporter” can be any individual who reports to Rhodes that they are a victim or survivor of sex/gender discrimination or sexual misconduct or that they have been affected by sex/gender discrimination or sexual misconduct (sometimes referred to as a “First-Party Reporter”) or that they have knowledge of sex/gender discrimination or sexual misconduct happening to or affecting someone else (sometimes referred to as a “Third-Party Reporter”).
A Report will become a “Complaint” if a First-Party Reporter files a written document with the Title IX Coordinator describing an incident of sex/gender discrimination or sexual misconduct and indicating that they want Rhodes to take further steps, such as a full investigation and possibly holding an adjudication to resolve the alleged issue. Rhodes can also convert a Report to a “Complaint” if Rhodes determines that, in order to meet its Title IX obligations to provide a safe and nondiscriminatory environment for the broader Rhodes Community, it must take further steps to address and resolve the matter. A Formal Complaint under the Formal Grievance Policy is a type of Complaint. See Formal Grievance Policy, Section IV.A., regarding Formal Complaints.
A “Complainant” refers to an individual who is alleged to have been subjected to an incident of sex/gender discrimination or sexual misconduct (i.e., a First-Party Reporter or a victim or person who has otherwise been affected by sex/gender discrimination or sexual misconduct, or under the Formal Grievance Policy governing sexual harassment, an individual who is alleged to be the victim of conduct that could constitute sexual harassment). A Complainant has certain rights under this Policy, as discussed below. A Reporter who reports witnessing sex/gender discrimination or sexual misconduct happening to or affecting someone else (i.e., a Third-Party Reporter) can file a Report and request that it be treated as a Complaint, but that does not make them a Complainant. Similarly, the fact that the Title IX Coordinator may elevate a Report to a Complaint does not make the Title IX Coordinator a Complainant.
A “Respondent” refers to an individual who has been accused of conduct that could constitute sexual misconduct prohibited under this Policy (or, under the Formal Grievance Policy governing sexual harassment, an individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment). A student Respondent has certain rights under this Policy, as discussed below, and under the Formal Grievance Policy when that policy is applicable.
A “third party” refers to any other participant in the process, including a witness to the incident or an individual who makes a Report on behalf of someone else.
As used throughout this Policy, references to the “Title IX Coordinator” shall include any Deputy Title IX Coordinator and any other person expressly designated by the Title IX Coordinator to act on their behalf.
Additional definitions are contained in Section XIII of this Policy.
Printed from: https://handbook.rhodes.edu/title-ix-sexgender-discrimination-and-sexual-misconduct-policy/ii-scope-policy
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 prohibits use of federal money to support sex discrimination in education programs and provides individuals effective protection against such practices. Title IX applies, with a few specific exceptions, to all aspects of federally funded education programs and activities. In addition to traditional education institutions such as colleges, universities, and elementary and secondary schools, Title IX also applies to any education or training program operated by a recipient of federal financial assistance.
As required by Title IX of the Education Amendments of 1972, Rhodes prohibits all unlawful discrimination, harassment and retaliation on the basis of sex, gender, gender identity, gender expression, or sexual orientation in any employment decision, admissions determination, education program, or educational activity.
As part of its commitment to maintaining a community free of discrimination, and in compliance with Title IX’s mandate, Rhodes will address allegations of sexual misconduct or harassment in a timely and effective way, provide resources as needed for affected persons (Reporters, Complainants, Respondents and third parties within the Rhodes Community), and not tolerate retaliation against any person who reports sex/gender discrimination or sexual misconduct.
Any individual designated by Rhodes to have the duty to report alleged sex/gender-based discrimination, sexual harassment and/or retaliation (known as a “Mandatory Reporter”) and who fails to report such conduct may be subjected to disciplinary action by Rhodes.
Inquiries about the application of Title IX should be directed to Rhodes’ Title IX Coordinator. Additional information can be found on Rhodes’ website: https://sites.rhodes.edu/titlenine.
Inquiries about the application of Title IX also can be directed to the U.S. Department of Education’s Office for Civil Rights.
Printed from: https://handbook.rhodes.edu/title-ix-sexgender-discrimination-and-sexual-misconduct-policy/iii-title-ix-and-nondiscrimination
Rhodes expressly prohibits retaliation against anyone who: 1) in good faith, reports what they believe is discrimination or sexual misconduct, 2) participates in any investigation or proceeding under this Policy, or 3) opposes conduct that they believe to violate this Policy. Retaliation includes intimidation, harassment, threats, or other adverse action or speech against the person who reported the misconduct, the parties, and their witnesses.
Consistent with FERPA’s prohibition on re-disclosure of confidential information, any person who receives another person’s confidential information solely as a result of participation in any investigation or proceeding under this Policy, is prohibited from using or disclosing such confidential information outside of such forums without express consent or for any improper purpose. This provision only applies to other people’s confidential information, as a party is never restricted from discussing their own experience. This provision does not apply to any information learned outside of an investigation or proceeding under this Policy.
Rhodes will not only take steps to prevent retaliation, but it will also take strong corrective action if it occurs. Anyone who believes they have been the victim of retaliation should immediately report it to the Title IX Coordinator, who shall treat it as a Report. Any individual found to have retaliated against another individual will be in violation of this Policy and will be subject to disciplinary action, up to and potentially including termination for employees and expulsion for students.
Anyone who knowingly makes a false accusation of unlawful discrimination, harassment, or retaliation of any form will be subject to an investigation for a potential violation of this Policy and may be subject to disciplinary action, up to and potentially including termination for employees and expulsion for students.
Printed from: https://handbook.rhodes.edu/title-ix-sexgender-discrimination-and-sexual-misconduct-policy/iv-retaliation-misuse-confidential
There is no time limit for reporting incidents of Sex/Gender Discrimination or Sexual Misconduct under this Policy, although Rhodes encourages reports to be made as soon as possible. Any individual who has been subjected to, or who knows of or has witnessed, an incident of Sex/Gender Discrimination or Sexual Misconduct is encouraged to report the incident or file a Complaint immediately in order to maximize Rhodes’ ability to obtain information and conduct an adequate, thorough, prompt, and impartial investigation into the incident. A delayed Report of alleged Sex/Gender Discrimination or Sexual Misconduct may result in the loss of relevant information, evidence, and reliable witness testimony, and may impair Rhodes’ ability to fully investigate the incident. If a party files a Report or Complaint that is related to an existing investigation, Rhodes has the discretion to consolidate the two investigations and adjudications without re-starting the process as set forth in this Policy.
Printed from: https://handbook.rhodes.edu/title-ix-sexgender-discrimination-and-sexual-misconduct-policy/v-time-considerations-reporting-and
Rhodes strongly encourages individuals who have been involved in, or who know of, or have witnessed, incidents of Sex/Gender Discrimination or Sexual Misconduct to report such incidents as soon as possible. Rhodes recognizes that students involved (e.g. as witnesses, bystanders, third parties, or Complainants) who may have violated drug and alcohol laws or policies may be hesitant to report out of fear of sanction. Therefore, in order to encourage reporting in all situations, anyone who reports or experiences Sex/Gender Discrimination or Sexual Misconduct may be granted amnesty for any violation of Rhodes’ drug and alcohol policies that occurred in connection with the reported incident. Rhodes intends to grant such amnesty for all but the most egregious violations of its drug and alcohol policies; however, individuals may be provided with resources on drug and alcohol counseling and/or education, as appropriate.
Honor code and other code or policy violations discovered during a Title IX process may be referred to the appropriate Rhodes office(s).
Printed from: https://handbook.rhodes.edu/title-ix-sexgender-discrimination-and-sexual-misconduct-policy/vi-amnesty-alcohol-and-illegal-drug
LAW ENFORCEMENT |
LOCAL HOSPITALS |
Emergency Assistance: |
Methodist University Hospital |
Memphis Police Department Sex Crimes Squad: 901-636-3330 |
Baptist Memorial Hospital |
Rhodes College Campus Safety: |
St. Francis Hospital |
For additional off-campus medical services, contact the Shelby County Rape Crisis Center at (901) 222-4350.
Rhodes is acutely aware that an individual who has been subjected to, or who knows of or who has witnessed a sex offense may experience physical, mental and emotional trauma as a result of the incident. A victim of sexual violence (e.g., sexual assault, dating violence, domestic violence, stalking) is encouraged to follow these procedures immediately following the occurrence, when possible:
Printed from: https://handbook.rhodes.edu/title-ix-sexgender-discrimination-and-sexual-misconduct-policy/vii-available-resources-and
A. Options for Reporting to Rhodes Under This Policy
Anyone can report an incident of sex/gender discrimination or sexual misconduct to Rhodes (a “Report”). A Report can be made by any individual who is a victim or survivor of sex/gender discrimination or sexual misconduct, who has been affected by sex/gender discrimination or sexual misconduct, or who has knowledge of sex/gender discrimination or sexual misconduct happening to or affecting someone else. A Report may be made anonymously (see Section X).
Rhodes strongly encourages all individuals to report incidents of sexual misconduct and sex/gender discrimination even if the individual does not intend to pursue a Complaint. Even if Rhodes does not have jurisdiction over the Respondent, Rhodes may take prompt action to provide supportive measures for the safety and well-being of any affected person and the broader Rhodes community. No person should assume that an incident has already been reported by someone else or that Rhodes already knows about a particular situation.
In order to make a Report to Rhodes, a reporting individual may do one or more of the following:
A Report may also be made to the Provost, the Director of Human Resources and the Deputy Title IX Coordinators.
It is important to know that, with the exception of the “confidential resources” staff listed below in Section VIII.B., all Rhodes faculty and staff are Mandatory Reporters and are required by Rhodes to report any knowledge they receive of possible violations of this Policy to the Title IX Coordinator. Mandatory Reporters must relay all known information about any reported policy violation, including but not limited to: the names of involved individuals, the nature of the incident, and the time and location of the incident. (See Section X for information about confidential and anonymous reporting.)
All Resident Assistants and members of the Peer Advocate Center are also Mandatory Reporters and are required to report any knowledge of possible violations of the policy to the Title IX Coordinator. No other students are obligated to report knowledge of sexual misconduct to the Title IX Coordinator, including student employees of Rhodes who are considered students and not staff for purposes of this Policy and are not Mandatory Reporters. Depending on their job, a student employee may be required to report an applicable incident to their supervisor; however, any such job requirement would not extend to require a disclosure to the Title IX Coordinator and therefore would not constitute a Report to Rhodes.
After making a Report, an individual may choose to file or request a Complaint and pursue resolution (under this policy or the Formal Grievance Policy, as applicable) or, if applicable, an Informal Resolution involving the Respondent; may choose to be involved or not be involved in Rhodes’ investigation and any related proceedings; or may choose to end involvement in the process.
B. Options Utilizing Confidential Resources
Rather than making a Report, individuals can confidentially discuss incidents of sex/gender discrimination and sexual misconduct with one of the following Rhodes “confidential resources”:
Disclosures made to these confidential resources will be held in strict confidence, and will not constitute a Report to Rhodes under this Policy. These confidential resources may assist individuals with making Reports or filing Complaints if, and only if, the Complainant requests that they do so or if there is an emergency in which the Complainant cannot report the alleged sexual misconduct. Anyone who at first utilizes a confidential resource may later decide to make a report to a non-confidential resource, such as the Title IX Office or law enforcement.
Additionally, in order to assist Rhodes in collecting data and identifying potential patterns or systemic problems related to sexual violence on and off campus, the “confidential resources” staff will convey general and non-personally-identifiable information about the incident (i.e. nature, time and location of the incident) to the Title IX Coordinator. Because such communications will necessarily lack any personally-identifying information, they will not constitute Reports and generally will not be investigated unless a pattern or systemic problem is discovered. Again, Rhodes strongly encourages all individuals to report incidents of sexual misconduct to the Title IX office, including with the assistance of confidential resources, if they wish for the incident to be investigated; otherwise, Rhodes fully respects the confidential resources’ strict confidence when the Reporter chooses not to report.
See Section X regarding making confidential and anonymous Reports to Rhodes.
C. Options for Notifying Off-Campus Law Enforcement Authorities
Individuals can, but are not required to, notify off-campus law enforcement authorities about any incident of alleged sex/gender discrimination and sexual misconduct, including by dialing (911), calling the Memphis Police Department Sex Crimes Squad at (901) 636-3330, and/or by calling the Shelby County Rape Crisis Center at (901) 222-4350. Individuals can also contact other law enforcement agencies, depending on the location of the incident. Notifying off-campus law enforcement authorities will not constitute a Report to Rhodes under this Policy, but it may or may not result in such authorities reporting relevant information back to Rhodes which Rhodes will investigate.
Individuals can request assistance from Rhodes faculty and staff in notifying appropriate law enforcement authorities, which Rhodes will encourage them to provide. Requesting such assistance from a Mandatory Reporter will constitute a Report as described above.
D. Option to Not Report
Students can choose not to notify Rhodes or any law enforcement authorities about an alleged incident of sex/gender discrimination or sexual misconduct.
Printed from: https://handbook.rhodes.edu/title-ix-sexgender-discrimination-and-sexual-misconduct-policy/viii-options-and-procedures
If an individual wishes to pursue an incident of Title IX sexual misconduct or sex/gender discrimination beyond simply reporting it, they may file a Complaint. The filing of a Complaint means that the individual is asking Rhodes to take further steps, such as a full investigation and possibly holding an adjudication to resolve the alleged issue. Any Complainant (i.e., an alleged victim or survivor or someone who has otherwise been directly affected by sex/gender discrimination or sexual misconduct) may file a Complaint, and Rhodes will treat it as such. Any Third-Party Reporter may request that Rhodes treat their Report as a Complaint, but that would not make the Third-Party Reporter into a Complainant, and Rhodes shall have discretion on whether to treat the Third-Party Report as a Complaint.
In order to meet its Title IX obligations to provide a safe and nondiscriminatory environment for the broader Rhodes Community, Rhodes may convert a Report into a Complaint if Rhodes determines that it must take additional steps to protect the Rhodes Community.
Depending on the conduct alleged and the location of the incident, a Complaint will be governed by either this Policy or the Formal Grievance Policy. A Formal Complaint under the Formal Grievance Policy is a type of Complaint. (See Formal Grievance Policy, Section IV.A., regarding Formal Complaints, and Sections I-II of each policy for descriptions of the scope of each respective policy.)
A. Filing a Complaint
Anyone seeking to file a Complaint of individual or institutional Sex/Gender Discrimination or Sexual Misconduct may do so with the Title IX Coordinator. Complaints must be in writing and include all information that the filer believes to be relevant (e.g., time, location and nature of incident, names of individuals involved in or witnesses to the incident, names of other persons affected by the incident, etc.). Alternatively, an individual can also file a Complaint by meeting with the Title IX Coordinator and providing a verbal description of the Sex/Gender Discrimination or Sexual Misconduct, which the Title IX Coordinator will use to draft a written document that the individual will review, verify and sign to constitute a Complaint.
B. Action Following the Filing of a Complaint
Rhodes will investigate all Complaints of Sex/Gender Discrimination or Sexual Misconduct. A Complaint meeting the criteria of the Formal Grievance Policy (a “Formal” Complaint) will proceed according to that Policy instead of the provisions below.
For a Complaint that does not meet the criteria of the Formal Grievance Policy, Rhodes’ process will typically involve an investigation phase and then proceed to a Resolution Hearing before a Sexual Misconduct Hearing Board to determine whether the Respondent is responsible or not responsible for having violated this Policy, except in the circumstances described below. In some instances, an Informal Resolution also may be an option for resolving a Complaint.
C. Where the Formal Grievance Protocol does not apply, the Title IX Coordinator shall have discretion to resolve a Complaint without a Resolution Hearing in the following circumstances:
In all circumstances, the Title IX Coordinator shall have authority to impose supportive measures and make accommodations consistent with Section XI below and take other measures consistent the Rhodes Student Handbook; and for employee matters, the Chief Human Resources Officer or the Vice President of Academic Affairs/Dean of the Faculty shall have authority to take action consistent with the Rhodes Employee Handbook.
D. A person may withdraw a Complaint. If a Complaint is withdrawn, Rhodes will treat the withdrawn Complaint as a Report and proceed accordingly.
Printed from: https://handbook.rhodes.edu/title-ix-sexgender-discrimination-and-sexual-misconduct-policy/ix-filing-complaint-title-ix
As discussed above in Section VIII.B., individuals can confidentially discuss incidents of sex/gender discrimination and sexual misconduct with Rhodes’ “confidential resources” staff. Those discussions will remain confidential and not be considered a Report to Rhodes.
Any individual can make an anonymous Report of a violation of the College’s Sexual Misconduct Policy. An individual may report the incident without disclosing their name, identifying a Claimant or a Respondent, or requesting any action. Rhodes will attempt to investigate anonymous reports but often will be inhibited without being able to collect evidence from and ask follow-up questions to a complainant; thus, supportive measures and the potential for discipline may be lessened as compared to personal reports. The anonymous reporting form can be found on the College’s website (http://sites.Rhodes.edu/TitleNine). The Title IX Coordinator will receive the anonymous Report and will determine any appropriate steps, including individual or community remedies as appropriate.
A Reporter can also make a Report disclosing their name but requesting confidentiality. An affected person who is the subject of a Third-Party Report can also request confidentiality. In such instances, if they also request that no investigation or disciplinary action be pursued, the Title IX Coordinator will respect the request for confidentiality as long as only personal supportive measures are requested and grounds do not exist to convert the Report into a Complaint. A request for confidentiality cannot be fulfilled in the case of a Complaint. Further, in some instances, Rhodes may deny or modify a request for confidentiality when weighed against Rhodes’ obligation to provide a safe, non-discriminatory environment for all students, considering many factors, including:
In an instance where Rhodes determines it must deny or modify a request for confidentiality, the Title IX Coordinator will inform the requesting individual prior to making the disclosure to anyone beyond necessary College officials. Any such disclosure will be limited to only individuals with a need to know such information. Consistent with FERPA’s prohibition on re-disclosure of confidential information, any recipient is prohibited from using or disclosing other people’s confidential information, learned as a result of participation in any investigation or proceeding under this Policy, outside of such forums without express consent or for any improper purpose. This provision only applies to other people’s confidential information, as a party is never restricted from discussing their own experience. This provision does not apply to any information learned outside of an investigation or proceeding under this Policy. In all instances, members of the Rhodes Community should understand that Title IX prohibits retaliation against anyone reporting a potential Title IX incident, and that Rhodes officials will not only take steps to prevent retaliation but also take strong responsive action if it occurs.
In all cases of alleged gender/sex discrimination or misconduct under this Policy reported to the Title IX Coordinator, Rhodes will investigate and implement supportive measures. Please note that Rhodes’ ability to investigate and respond fully to an incident may be limited because of requests for confidentiality or to not proceed with disciplinary action.
Printed from: https://handbook.rhodes.edu/title-ix-sexgender-discrimination-and-sexual-misconduct-policy/x-confidential-and-anonymous
In cases of reported alleged Sex/Gender Discrimination or Sexual Misconduct involving students, Rhodes may implement supportive measures immediately or at any time that Rhodes determines such measures are necessary. The Title IX Coordinator shall have responsibility for determining such supportive measures. Some of these supportive measures also may continue in effect after an investigation is closed or as post-hearing sanctions or accommodations, depending on the outcome of the investigation and hearing. Examples of supportive measures that Rhodes may consider and elect to implement include, but are not limited to:
Rhodes may also, upon request, arrange for the re-taking, changing, or withdrawing from classes, and in such instances, Rhodes will make every reasonable effort to mitigate any academic or financial penalty for providing such arrangements.
Supportive measures shall be balanced based on the facts collected, seriousness of the allegations, and the potential safety risks posed to the Rhodes Community. Supportive measures are designed to restore or preserve equal access to Rhodes’ education program and activities without unreasonably burdening the other party, including measures designed to protect the safety of all parties or Rhodes’ educational environment, or deter sexual misconduct. Rhodes will maintain as confidential any personal supportive measures provided to only the Complainant or only to the Respondent, to the extent that maintaining such confidentiality would not impair its ability to provide the supportive measures (e.g., not applicable to mutual no contact orders).
Rhodes may also consider and take supportive measures that affect the broader Rhodes Community and which are aimed to eliminate occurrences of Sex/Gender Discrimination or Sexual Misconduct and to promote academic and employment environments free of such conduct.
If a Respondent student withdraws from Rhodes while a Complaint is pending, supportive measures may be continued. The Respondent may be required to notify the Title IX Coordinator if they intend to visit any building owned or controlled by Rhodes or a student organization that is officially recognized by Rhodes, or if they otherwise seek to attend any Rhodes education program or activity or event, so that the Complainant may be given an opportunity to receive supportive measures if needed. The Respondent’s student records also may be marked to indicate their departure during a disciplinary process (which may resume if they return to Rhodes), but shall not indicate that such Respondent was found or assumed responsible for any alleged misconduct pending at the time of departure.
Printed from: https://handbook.rhodes.edu/title-ix-sexgender-discrimination-and-sexual-misconduct-policy/xi-supportive-measures
Please also refer to Section II.B. for more information about certain key definitions.
Advisor: Refers to an attorney or a non-attorney advisor who can provide assistance to the Complainant or the Respondent during Resolution Hearings, Informal Resolution conferences, and any other stage of the processes covered by this Policy, although they are not permitted to directly participate. Rhodes will provide a list of individuals who have received training to serve as Advisors, but parties retain the right to select their own Advisor if they so choose.
Affirmative Consent: Means an affirmative, conscious decision by each participant to engage in mutually agreed-upon sexual activity. The presence or absence of consent is determined by evaluating the relevant facts and circumstances. All five of the following elements are essential in order to have affirmative consent. If one or more of the following is absent, there is no affirmative consent.
Because of the commitment to maintaining an environment that supports Rhodes’ educational mission, the College prohibits romantic, sexual, and exploitative relationships between college employees and students. (See Rhodes College Handbook-Fraternization Policy For Faculty and Staff)
Under Tennessee law, people under the age of eighteen (18) may not be able to legally consent under certain circumstances.
Appeals Board: Refers to a group of trained Rhodes faculty and staff members that hears and decides appeals of findings and sanctions imposed by the Sexual Misconduct Hearing Board (defined below). The Appeals Board will consist of three members (one of whom will be designated as the board’s chairperson), selected from a pool of trained faculty and staff who have had no prior involvement in the case. This three-member board is authorized to affirm, alter, or reverse the original findings and/or sanctions recommended by the Sexual Misconduct Hearing Board. Once issued, the Appeals Board’s decision is final.
Coercion: Means the use of pressure to compel another individual to initiate or continue activity against their will, including psychological or emotional pressure, physical or emotional threats, intimidation, manipulation, or blackmail. 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. Examples of coercion include, but are not limited to threatening to “out” someone based on sexual orientation, gender identity, or gender expression; threatening to harm oneself if the other party does not engage in the sexual activity; and threatening to expose someone’s prior sexual activity to another person and/or through digital media.
Complaint: Refers to a written complaint filed with the Title IX Coordinator alleging any action, policy, procedure or practice that would be prohibited by Title IX, such as Sex/Gender Discrimination or Sexual Misconduct, and indicating that they want Rhodes to take further steps, such as a full investigation and possibly holding an adjudication to resolve the alleged issue. A Complaint may be filed by a Complainant. A third-party who knows of or witnessed an incident of Sex/Gender Discrimination or Sexual Misconduct but who did not suffer such misconduct themselves may request that Rhodes treat their third-party Report as a Complaint. Rhodes can convert a Report to a Complaint if Rhodes determines that, in order to meet its Title IX obligations to provide a safe and nondiscriminatory environment for the broader Rhodes Community, it must take further steps to address and resolve the matter. A Formal Complaint under the Formal Grievance Policy is a type of Complaint. See Formal Grievance Policy, Section IV.A., regarding Formal Complaints found here.
Complainant:Refers to an individual who is alleged to have been subjected to an incident of Sex/Gender Discrimination or Sexual Misconduct (i.e., a First-Party Reporter or a victim or person who has otherwise been affected by sex/gender discrimination or sexual misconduct, or under the Formal Grievance Policy governing sexual harassment, an individual who is alleged to be the victim of conduct that could constitute sexual harassment). A Reporter who reports witnessing sex/gender discrimination or sexual misconduct happening to or affecting someone else (i.e., a Third-Party Reporter) can file a Report and request that it be treated as a Complaint, but that does not make them a Complainant. Similarly, the fact that the Title IX Coordinator may elevate a Report to a Complaint does not make the Title IX Coordinator a Complainant.
Consent: See Affirmative Consentabove.
Dating Violence: See Sexual Harassment below, Subsection B.
Domestic Violence: See Sexual Harassment below, Subsection C.
Formal Complaint: See Complaint above. See also Formal Grievance Policy, Section IV.A found here..
Formal Grievance Process: The process described in the Formal Grievance Policy for addressing and resolving a Formal Complaint, as required by the new Title IX Regulations, effective August 14, 2020.
Incapacitation: Means the lack of ability to make rational, reasonable judgments as a result of alcohol consumption, other drug use, sleep, the taking of any so-called “date-rape” drug, unconsciousness, or blackout. An incapacitated person cannot make rational, reasonable decisions because that person lacks the ability to fully understand the who, what, where, or how of their sexual interaction. Incapacitation is a state beyond drunkenness or intoxication, in which alcohol, drugs, or other factors render one unable to make fully informed judgments or have an awareness of consequences. Evaluating incapacitation also includes an assessment of whether a Respondent knew or should have known of the other individual’s incapacitated state. While incapacitation may be caused by drugs or alcohol, it also includes the state of being asleep, during which time a person is unable to provide affirmative consent.
Informal Resolution: A process intended to allow the Complainant and the Respondent to provide information about the alleged incident(s) of discrimination or harassment, and to reach a mutually agreeable resolution. An Informal Resolution process may take many forms upon the agreement of the parties and the Title IX Coordinator. This process aims to assure fairness, to facilitate communication, and to maintain an equitable balance of power between the parties.
Investigator: Refers to an official(s) designated by the Title IX Coordinator to conduct an investigation of alleged Sex/Gender Discrimination or Sexual Misconduct. The Investigator will be a trained individual who objectively collects and examines the facts and circumstances of potential violations of this Policy and documents them for review. The Investigator will be neutral and will not have a conflict of interest or bias or against the Complainant or Respondent. The Investigator may act as a witness in the event of a Resolution Hearing.
Mandatory Reporter: Refers to an individual who is obligated to report any knowledge they may have of Sex/Gender Discrimination and Sexual Misconduct. If a Mandatory Reporter observes, is informed of, or otherwise learns of an act of sexual misconduct, they must report it to the Title IX Coordinator.Rhodes defines all faculty and staff as mandatory reporters except certain “confidential resources” staff. (See Section VIII above.) The only students who are designated as Mandatory Reporters are Resident Assistants and members of the Peer Advocate Center.
Non-Consensual Sexual Contact: See Sexual Misconduct below, Subsection A.
Non-Consensual Sexual Penetration: See Sexual Misconduct below, Subsection B.
Preponderance of Evidence: Refers to the standard by which it is determined at a hearing whether or not a violation of this Policy has occurred, and means that an act of sex discrimination is “more likely than not” to have occurred. This standard applies for all claims of sex discrimination, including sexual harassment and other sexual misconduct.
Report: Refers to any communication that puts Rhodes on notice of an allegation that sex/gender discrimination or sexual misconduct occurred or may have occurred. Anyone can report an incident of sex/gender discrimination and sexual misconduct to Rhodes under the procedure described in Section VIII of this Policy. Notice may be given directly to the Title IX Coordinator (“actual notice”) or to any Mandatory Reporter who has a duty to report such information to the Title IX Coordinator. Once the Title IX Coordinator learns of any Report of alleged sex/gender discrimination or sexual misconduct, whether from a direct Report or from a Mandatory Reporter, they will implement supportive measures as needed and initiate an investigation into the alleged incident. The form of the investigation may vary, particularly if the conduct alleged is governed by the U.S. Department of Education’s Title IX Regulations, in which case Rhodes’ Formal Grievance Policy found here will apply. Following an investigation, the Title IX Coordinator has authority to resolve a Report, including the implementation of any supportive measures, and close the case if the Report does not constitute or become a Complaint.
After making a Report, an individual may choose to end their involvement in the process; may choose to be involved or not be involved in Rhodes’ investigation and related proceedings; or may choose to file or request a Complaint and pursue resolution (under this policy or the Formal Grievance Policy, as applicable) or, if applicable, an Informal Resolution involving the Respondent.
Rhodes strongly encourages all individuals to report incidents of sexual misconduct and sex/gender discrimination even if the individual does not intend to pursue a Complaint.
Reporter: Refers to an individual who notifies the Title IX Coordinator or a Mandatory Reporter of an alleged violation of this Policy. A Reporter can be any individual who reports to Rhodes that they are a victim or survivor of sex/gender discrimination or sexual misconduct; that they have been affected by sex/gender discrimination or sexual misconduct; or that they have knowledge of sex/gender discrimination and sexual misconduct happening to or affecting someone else.
Resolution Hearing: Refers to Rhodes’ disciplinary proceeding through which the Sexual Misconduct Hearing Board evaluates evidence related to a Complaint to determine whether a Respondent is in violation of this Policy, based on the criteria of a preponderance of evidence. This process differs from the Formal Grievance Process for sexual harassment required by the new Title IX Regulations, effective August 14, 2020.
Respondent: Refers to an individual who has been accused in a Report or Complaint of conduct that could constitute sexual misconduct prohibited under this Policy (or, under the Formal Grievance Policy governing sexual harassment, an individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment).
Sex/Gender Discrimination: Refers to the unequal treatment of an individual based on their sex, gender or sexual orientation in any employment decision, education program or educational activity receiving Federal financial assistance. Such programs or activities include, but are not limited to, admission, hiring and recruitment, financial aid, academic programs, student treatment and services, counseling and guidance, discipline, classroom assignment, grading, vocational education, recreation, physical education, athletics, housing and employment. The prohibition on sex discrimination also covers unlawful discrimination based on gender identity, sexual orientation, pregnancy, termination of pregnancy, childbirth or related conditions. Also prohibited as sex discrimination is any act which is based on parental, family, or marital status and which is applied differently based on sex.
Sexual Assault: See Sexual Harassment below, Subsection A.
Sexual Exploitation: See Sexual Misconduct below, Subsection C.
Sexual Harassment: “Sexual harassment” is defined in the new Title IX Regulations (34 C.F.R. § 106.30), effective August 14, 2020, to be conduct on the basis of sex that satisfies one or more of the following:
Types of stalking could include, but are not limited to:
It is important to note that the Title IX Regulations’ use of federal definitions of sexual assault, dating violence, domestic violence, and stalking may differ from state law. Accordingly, any criminal proceeding brought by state or local law enforcement authorities may use different definitions.
Sexual Misconduct: Is a broad term that includes “sexual harassment” defined by the Title IX Regulations and also encompasses other sexually-motivated or gender-biased misconduct beyond sexual harassment. Examples may include sexual exploitation and many forms of verbal harassment that may not meet the Regulations’ definition of “sexual harassment.”
Additionally, if sexual misconduct is alleged to have occurred that does not satisfy the Title IX Regulations’ jurisdictional criteria, such as off-campus sexual misconduct (including sexual harassment) alleged to have an on-campus effect or occurring during a study abroad program, then it may be addressed under this comprehensive Sexual Misconduct Policy. Such off-campus sexual harassment may be referred to as Non-Consensual Sexual Contact (“NCSC”) or Non-Consensual Sexual Penetration (“NCSP”) (defined below) to avoid confusion between charges brought under this Policy and its procedures as compared to the Title IX Regulations’ “sexual harassment” definitions and requirements, which are governed by Rhodes’ Formal Grievance Policy found here.
Sexual misconduct is conduct that is unwanted or unwelcome and is sexual in nature. Experiencing sexual misconduct may interfere with a Rhodes community member’s ability to perform a job, participate in activities, and/or participate fully in Rhodes’ education programs. Sexual misconduct is demeaning to others and undermines the integrity of the employment relationship and/or learning environment by creating an intimidating, hostile or offensive working or academic environment through verbal or physical conduct of a sexual nature. Sexual misconduct is prohibited regardless of whether it occurs between or among members of any sex. Sexual misconduct may also consist of inappropriate gender-based comments and gender stereotyping, even if the acts do not involve conduct of an overtly sexual nature.
Sexual Misconduct Hearing Board: Refers to the three-member decision-making body, composed of trained Rhodes faculty and/or staff, that considers cases brought under this Policy. One of the three Board members will be designated as the chairperson. The Hearing Board hears the facts and circumstances of an alleged policy violation as presented by the Investigator, a Complainant, a Respondent and/or witnesses at a Resolution Hearing. This body is responsible for determining if a policy violation has occurred and whether/what sanctions are appropriate.
Stalking: See Sexual Harassment above, Subsection D.
Supporter: Refers to any person, regardless of their association with Rhodes, who a Reporter, Complainant, or Respondent may want to support them through a portion of or the entire process. A Supporter is not required, but is encouraged to help the party with emotional and personal support. When present during interviews, hearings, and appeals, the Supporter cannot take an active role. A supporter can be a friend, family member, or any trusted person who can provide needed care to a party.
Title IX: Refers to a comprehensive federal law that prohibits discrimination on the basis of sex in any federally funded education program or activity. Title IX prohibits the use of federal money to support sex discrimination in education programs and provides individual citizens effective protection against those practices. Title IX applies, with a few specific exceptions, to all aspects of federally funded education programs or activities. In addition to traditional educational institutions such as colleges, universities, and elementary and secondary schools, Title IX also applies to any education or training program operated by a recipient of federal financial assistance.
Printed from: https://handbook.rhodes.edu/title-ix-sexgender-discrimination-and-sexual-misconduct-policy/xiii-definitions
As Required by the U.S. Department of Education, 34 C.F.R. § 106.45,
Effective August 14, 2020
Printed from: https://handbook.rhodes.edu/title-ix-sexgender-discrimination-and-sexual-misconduct-policy/formal-grievance-policy
As required by the U.S. Department of Education under new Title IX Regulations, effective August 14, 2020, this Policy addresses certain types of sexual misconduct via a defined process. The scope of this Policy is set forth in Section II, below. This Policy contains citations to the applicable Title IX Regulations throughout. See 34 C.F.R. Part 106.
For the complete Rhodes Sexual Misconduct Policy, which addresses sexual misconduct beyond the scope of the Title IX Regulations, please click here.
For the complete Rhodes Anti-Harassment and Discrimination Policy, which addresses sexual harassment involving employees that does not meet the definitional requirements of “sexual harassment” under this Formal Grievance Policy, please click here.
This Formal Grievance Policy proceeds in four additional sections.
Section II defines the scope of this Formal Grievance Policy. Under the new Title IX Regulations, sexual harassment (a subset of sexual misconduct) must be investigated and adjudicated according to the procedures set forth in this policy. Although the new Title IX Regulations narrowly define sexual harassment, Rhodes remains committed to providing a higher education environment that is free from sexual discrimination, sexual misconduct, and gendered violence. To that end, sexual misconduct that does not rise to the level of sexual harassment as defined by the U.S. Department of Education, or that does not meet Title IX’s jurisdictional requirements, will still be investigated and addressed under the Rhodes Sexual Misconduct Policy or, in the case of Faculty or Staff, under the Anti-Discrimination and Harassment Policy.
Section III contains the U.S. Department of Education’s statements regarding equitable treatment under the Title IX Regulations. The concepts of equitable treatment include the provision of supportive measures and waiting until the grievance process concludes to make conclusions.
Section IV contains Rhodes’ Formal Grievance Process, as required by the Regulations. This section contains information on filing a Formal Complaint of sexual harassment, the investigation process, the role of the Title IX Coordinator, Title IX’s live hearing requirements, the appeals process, and other topics. Students, faculty, and staff should consult this section to learn about the process Rhodes will use to investigate and adjudicate allegations of sexual harassment.
Section V explains that Rhodes will not retaliate against any person for that person’s involvement in the Title IX process.
This Formal Grievance Policy, as dictated by the U.S. Department of Education (USDOE), along with the comprehensive Rhodes Sexual Misconduct Policy and the Anti-Discrimination and Harassment Policy, are intended to define, address and remedy sexual misconduct for Rhodes students and employees.
Rhodes prohibits sexual misconduct by faculty, staff, students and those who use Rhodes facilities. The prohibition applies regardless of the gender of the individuals involved and includes sexual relationships involving a status differential and those between peers, colleagues, and co-workers.
This Policy applies to all members of the Rhodes community, including students, faculty and staff, and its terms supersede any contrary school policies pertaining to the investigation or adjudication of “sexual harassment” as defined in Section II.A. below.
Rhodes College is committed to ensuring a safe learning environment that supports the dignity of all members of the Rhodes community. As required by Title IX of the Education Amendments of 1972, Rhodes prohibits all unlawful discrimination, harassment and retaliation on the basis of sex, gender, gender identity, gender expression, or sexual orientation in any employment decision, admissions determination, education program or educational activity. This policy applies to all members of the Rhodes Community.
Rhodes, through the Title IX Coordinator, has jurisdiction over and the authority to receive, investigate, hear and resolve Reports and/or Complaints brought by or against any member of the Rhodes Community that invoke Title IX. The Title IX Coordinator is ultimately authorized to enact procedures that include specific instructions for reporting, investigating and resolving Title IX Complaints and Reports. Any questions about this policy, Rhodes’ processes under Title IX, or reports of alleged sexual misconduct should be directed to the Interim Title IX Coordinator:
Inez Warner
Rhodes College
Southwestern Hall, Ste. 200
2000 North Parkway
Memphis, TN 38112
901-843-3550
warneri@rhodes.edu
The Title IX Coordinator, in conjunction with the Director of Human Resources (for faculty and staff matters), will oversee all matters relating to sex discrimination (including sexual harassment) on campus, including distribution of policies, educational programs, investigations, policy enforcement, and follow-up with complainants and respondents in investigations. Any questions regarding this Formal Grievance Policy or Title IX generally may be directed to the Title IX Coordinator.
Printed from: https://handbook.rhodes.edu/title-ix-sexgender-discrimination-and-sexual-misconduct-policy/formal-grievance-policy/section-i
This Formal Grievance Policy will apply to “sexual harassment” in a Rhodes “education program or activity” against a person in the United States, per USDOE Regulations, effective August 14, 2020. 34 C.F.R. § 106.44(a).
A. Definitional Requirement
“Sexual harassment” is defined in the Regulations (§ 106.30) to be conduct on the basis of sex that satisfies one or more of the following:
“Sexual misconduct” is a broader term that covers other sex-based conduct beyond the USDOE’s “sexual harassment” definition.
If alleged sexual misconduct does not satisfy the USDOE’s definitional requirement, then it may be addressed according to the Rhodes Sexual Misconduct Policy and/or Rhodes Anti-Discrimination and Harassment Policy instead of this Policy.
B. Jurisdictional Requirement
An “education program or activity” includes locations, events, or circumstances over which Rhodes exercises substantial control over both the respondent and the context in which the sexual harassment occurs, and also includes any building owned or controlled by a student organization that is officially recognized by Rhodes. USDOE’s Regulations exclude any “education program or activity” that does not occur in the United States. (§ 106.44(a).)
If alleged sexual misconduct does not satisfy the USDOE’s jurisdictional requirement, such as off-campus behavior alleged to have an on-campus effect, then it may be addressed under the Rhodes Sexual Misconduct Policy and/or Rhodes Anti-Discrimination and Harassment Policy instead of this Policy.
C. Other Definitions
The terms “Complainant” and “Respondent” are used throughout this Policy and the Rhodes Sexual Misconduct Policy. A Complainant is an individual who is alleged to be the victim of conduct that could constitute sexual harassment. A Respondent is an individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment. (§ 106.30.)
Other terms, like Supportive Measures and Formal Complaint, are defined below.
All relevant terms, including Consent and Incapacitation, are defined in the Rhodes Sexual Misconduct Policy.
Printed from: https://handbook.rhodes.edu/title-ix-sexgender-discrimination-and-sexual-misconduct-policy/formal-grievance-policy/section-ii
A. As required by USDOE’s Regulations, Rhodes’ Formal Grievance Process will “treat complainants and respondents equitably by [1] offering supportive measures … to a complainant, and [2] by following a grievance process that complies with [the new Title IX Regulations] before the imposition of any disciplinary sanctions or other actions that are not supportive measures … against a respondent.” (106.44(a); 106.45(b)(1)(i).) This Policy explains the new Title IX Regulations’ requirements.
Supportive measures also may be offered as needed to respondents and other members of the Rhodes community who may be affected by sexual misconduct.
B. The Title IX Regulations define “supportive measures” as “non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the complainant or the respondent.” They may be sought or provided before or after a Formal Complaint is filed, or where no Formal Complaint has been filed. “Such measures are designed to restore or preserve equal access to the [school’s] education program or activity without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the [school’s] educational environment, or deter sexual harassment.”
Supportive measures may include: counseling, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, campus escort services, mutual restrictions on contact between the parties, changes in work or housing locations, leaves of absence, increased security and monitoring of certain areas of the campus, and other similar measures. Other supportive measures are described in Section XI of Rhodes’ comprehensive Sexual Misconduct Policy.
Rhodes will keep any supportive measures provided to the complainant or respondent confidential, to the extent possible. However, supportive measures that impact other members of the Rhodes community (e.g. mutual no-contact orders, where the other party must be informed of the order and its implications) may be disclosed in order to enforce them. The Title IX Coordinator will coordinate the effective implementation of supportive measures.
C. An individual’s status as a respondent will not be considered a negative factor during consideration of the grievance. Respondents are entitled to, and will receive the benefit of, a presumption that they are not responsible for the alleged conduct unless and until the grievance process concludes and a determination regarding responsibility is issued. Similarly, a person’s status as a complainant, respondent, or witness will not determine whether or not they are deemed credible. (106.45(b)(1)(ii-iv).)
D. Rhodes’ Formal Grievance Process will provide remedies to a complainant only if the grievance process described in this Policy results in a determination that the respondent is responsible for sexual harassment as defined by the DOE. Remedies are designed to restore or preserve equal access to the school’s education program or activity, and they may include the same individualized services as supportive measures. Remedies may be disciplinary and punitive. (106.45(b)(1)(i).) In the event that the allegations do not meet the jurisdiction requirements and definition of “sexual harassment” under Title IX Regulations, see Rhodes’ Anti-Discrimination and Harassment Policy and/or Rhodes Sexual Misconduct Policy for further information related to investigation and available remedies.
E. Title IX Coordinators, investigators, decision-makers, and any person who facilitates an informal resolution process (Title IX administrators) will not have a conflict of interest or bias in favor of or against complainants or respondents generally or an individual complainant or respondent in the grievance process. Rhodes will provide necessary and appropriate training toeach administrator involved in the Title IX process. Training materials will not rely on sex stereotypes and will promote impartial investigations and adjudications of Formal Complaints of sexual harassment. (106.45(b)(1)(iii).)
Printed from: https://handbook.rhodes.edu/title-ix-sexgender-discrimination-and-sexual-misconduct-policy/formal-grievance-policy/section-iii
This portion of the Policy outlines the steps taken to initiate a grievance, as well as USDOE’s procedural requirements for investigation and adjudication of Formal Complaints.
A. Formal Complaint
The Title IX Regulations define a Formal Complaint as “a document filed by a complainant or signed by the Title IX Coordinator alleging sexual harassment [as defined by the Title IX Regulations] against a respondent and requesting that [Rhodes] investigate the allegation of sexual harassment.”
At the time of filing a Formal Complaint, “a complainant must be participating in or attempting to participate in the education program or activity.” A Formal Complaint must be in writing, and may be filed with the Title IX Coordinator in person, by mail, by email, or through the online Report form available at http://sites.Rhodes.edu/TitleNine. The Formal Complaint must contain the complainant’s physical or digital signature, or some other indication that the complainant is the person filing it. (106.30.)
Accordingly, Rhodes strongly encourages complainants to file Formal Complaints to initiate the required Formal Grievance Process described in this Policy. If the alleged conduct meets the Regulations’ definitional and jurisdictional requirements, the law now requires a Formal Complaint before Rhodes can pursue a full investigation or explore the possibility of an informal or early resolution, which occur before holding a disciplinary hearing or issuing sanctions.
(106.45(b)(4).) In such cases, the Formal Grievance Process for a later-filed complaint may be consolidated into an earlier-filed process rather than re-start from the beginning (e.g., the new charges may be considered in the course of a pre-existing investigation).
B. Title IX Coordinator Initial Responsibilities
provided that if a Formal Complaint is filed or signed, the Title IX Coordinator will fulfill the terms of this Formal Grievance Process, including the notice provisions immediately below and the more thorough investigation process described below even if it is somewhat duplicative of the threshold investigation.
If the respondent is a current employee, the Deputy Title IX Coordinator for HR matters may conduct or participate in the threshold investigation.
For any case involving both a student and an employee, the Title IX Coordinator and the Deputy Title IX Coordinator for HR matters will work jointly.
C. Notice of Allegations (106.45(b)(2))[1]
D. Investigation Procedure
The Investigator will attempt to collect all relevant information and evidence. While the Investigator will have the burden of gathering evidence, it is crucial that the parties present evidence and identify witnesses to the Investigator so that they may be considered during the investigation. As described below in Section IV.E.iii.3., while all evidence presented at a hearing by the parties will be considered, the adjudicator(s) may, in its/their discretion, grant lesser weight to last-minute information or evidence introduced at the hearing that was not previously presented for investigation by the Investigator.
The investigation file should contain all information gathered during the investigation that is potentially relevant to the alleged misconduct; the Investigator should not filter or exclude evidence or decide the weight or credibility of evidence, unless the evidence is clearly irrelevant.
Following the investigation, the Investigator will draft an investigation report succinctly describing all collected information. The Investigator will not make any recommendation as to whether a Policy violation has occurred or potential sanctions.
(106.45(b)(3)(ii).)
E. Adjudication
The adjudicators will not be the same person as the Title IX Coordinator or the Investigator.
(34 C.F.R. § 106.45(b)(6)(i).)
(106.45(b)(7)(ii).)
The determination regarding responsibility becomes final either:
F. Appeals
(106.45(b)(8)(iii).)
G. Informal Resolution
(106.45(b)(9)(i-ii).)
[1] If the Respondent is a tenured faculty member, in conjunction with the notice requirements listed herein, the Vice President for Academic Affairs will also follow the requirements for Preliminary Proceedings Concerning the Fitness of a Faculty Member required by Section X of the Handbook.
Printed from: https://handbook.rhodes.edu/title-ix-sexgender-discrimination-and-sexual-misconduct-policy/formal-grievance-policy/section-iv
Printed from: https://handbook.rhodes.edu/title-ix-sexgender-discrimination-and-sexual-misconduct-policy/formal-grievance-policy/section-v