Welcome to the Northwest Missouri State University Faculty and Staff Sexual Misconduct Prevention Training - Keeping Our Campus and Community Safe.
The purpose of this training is to keep our campus a safe place where all students, faculty and employees can live and work without the threat or fear of sexual misconduct. This training will provide you with information about identifying sexual misconduct, policies the University has implemented to prevent it, your obligations to report sexual misconduct, and other resources that are available. Additional information on sexual misconduct is available at the University’s Title IX resources page, indicated here.
Under University policy, sexual misconduct consists of unwelcome sexual conduct. That includes sex discrimination, sexual harassment, sexual violence and retaliating against any person who makes a complaint of sexual discrimination, harassment or violence or who participates in the University’s investigation process, such as witnesses.
The University’s Non-discrimination and Anti-harassment Policy strictly prohibits all sexual misconduct. A full copy of that policy is available on the University’s website at the Title IX resources page indicated here. All employees, that includes faculty, are expected to read, know and follow the policy. Violating the policy is a very serious offense that can result in a range of discipline up to and include expulsion or termination.
The University’s prohibition on sexual misconduct is broad in its scope. The policy protects and applies to women and men. It applies to students, administrators, faculty and staff. And it protects and applies to guests and other third parties on campus. Sexual misconduct is prohibited in all the University’s programs and activities, including recruiting, admissions, employment, academics, extracurricular activities, Greek life, housing and internships and service trips, even though those activities occur outside the geographic boundaries of the University’s campus.
Sex discrimination consists of treating someone differently on account of their sex with respect to the institution’s educational programs and activities. Sex discrimination includes pregnancy discrimination as well as gender stereotyping – concepts we’ll discuss in more detail momentarily.
Pregnancy discrimination is a form of sex discrimination because only women are able to become pregnant. Under University policy, pregnant students must not be automatically excluded from institutional programs and activities. Rather, pregnant students must be treated the same as other students with temporary medical conditions. This means that a pregnant student should not be required to produce a doctor’s note certifying her ability to participate in a class or activity unless a note would be required of other students receiving medical treatment for a temporary medical condition. Similarly, faculty members and coaches should not unilaterally impose limitations or modifications to a pregnant student’s ability to participate in a program or activity without first discussing the limitations and modifications with the student and obtaining her consent.
Let’s consider the following example. Jenny is enrolled in a weightlifting class. Her instructor learns that Jenny is pregnant and, out of concern for Jenny’s health, instructs her not to perform certain lifts. This constitutes pregnancy discrimination unless Jenny has agreed to the lift modification. The instructor can require Jenny to produce a doctor’s note only if such notes are required of students with other temporary medical conditions.
Sex discrimination also includes gender stereotyping. Gender stereotyping consists of treating someone differently with respect to institutional programs and activities based on their failure to conform to the discriminating party’s conception of appropriate gender roles. Gender stereotyping can occur both with respect to men and women.
Let’s consider the following example. Jake, whose sex is male and who identifies as feminine-gendered, wears makeup and exhibits certain mannerisms that Jake’s resident assistant believes are “effeminate.” One day Jake comes to the RA to complain about harassment by fellow students. The RA tells Jake “I’ll help you the day you start acting and dressing like a man.” This constitutes sex discrimination because the RA is refusing to help Jake based on gender stereotyping.
Sexual harassment is a form of sex discrimination. Sexual advances, requests for sexual favors, and other verbal, physical, or visual conduct constitute prohibited sexual harassment when the conduct is unwelcome and: (1) submission to the conduct is made a term or condition of the victim’s education or employment or is used in an academic or employment decision affecting the individual; (2) it substantially interferes with the victim’s academic or professional performance; or (3) it creates what a reasonable person would perceive as an intimidating, hostile, or offensive environment.
Whether conduct is unwelcome is a fact intensive inquiry that depends upon all the facts and circumstances. Here are some guidelines:
If a person has affirmatively indicated that the conduct is offensive, unwanted, or makes them uncomfortable, then it is unwelcome.
If the person has been on the receiving end of the conduct before and has not responded and avoided further interaction, continued conduct is likely unwelcome.
Some sexual conduct is so blatant as to be inherently unwelcome, such as groping a stranger in public or mass emailing pornography to people you haven’t met before.
If a person does not solicit, initiate, or invite the conduct it may be unwelcom
Some examples of sexual harassment include:
Repeated, unwelcome pressure for a romantic relationship.
Unwelcome sexual touching, kissing, or groping.
Telling sexual jokes to someone who doesn’t want to hear them.
Exposing yourself to another without permission.
Pressuring a person to have sex when they’ve told you they don’t want to.
Texting sexually explicit pictures or messages to those who don’t want to see them.
Telling lies about a person’s sex life.
Making unwanted sexual ge
Let’s consider the following example. Sean has a crush on Jenny. He’s asked her out twice and she’s turned him down twice. He comments on one of her Facebook photos that she’s “sexy.” He comes up to Jenny in the cafeteria, and she tells him to leave her alone because she’s not interested. Sean thinks he’ll buy Jenny some roses to make up for upsetting her and bring them by her apartment later that night. Sean should STOP! Jenny isn’t interested in him, and his repeated advances on her are harassment. He should leave her alone.
Let’s consider a second example. Ty goes to meet with his graduate teaching assistant, James, during office hours. James is only a few years older than Ty and finds him attractive. James compliments Ty on how hard he has worked in class and indicates to Ty he “just might get an A if you spend more time with me outside of class. How about we go to St. Joe tomorrow night?” This is sexual harassment because James is trying to leverage Ty’s grade in order to obtain a romantic relationship. It doesn’t matter that Ty and James are both men. Sexual harassment can occur between persons of the opposite sex as well as persons of the same sex. And all members of the University community are bound by and protected by the University’s policy prohibiting sexual misconduct, regardless of their sexual orientation.
In many cases, determining whether sexual harassment constitutes prohibited sex discrimination will depend upon whether the conduct creates a hostile environment for the victim. In considering whether a hostile environment has been created, the University will review the totality of the circumstances and determine whether a reasonable person in the victim’s position would feel there is a hostile environment. Factors that are considered include: the severity of the conduct; whether the conduct was isolated or repeated; the age of the victim; whether the alleged perpetrator held a position of power or authority over the victim; and the effect the conduct has on the victim’s daily life and activities.
Sexual violence is a severe form of sexual harassment and, thus, a form of sex discrimination. It refers to physical sexual acts that are perpetrated against a person’s will or when a person is not capable of giving consent due to a mental or physical incapacity, drug or alcohol intoxication, or because of their youth (meaning they are below the age of legal consent in the state in which the conduct occurred). Sexual violence incudes: sexual intercourse of any type without valid consent; unwilling sexual penetration with an object or body part; groping a person’s genitals without their consent; prostituting a person; knowingly transmitting a sexually transmitted disease and secretly recording sexual activity without permission.
In many cases, the existence or not of sexual violence will depend upon whether or not there was effective consent. Valid consent must be informed, freely given, mutually understood, and requires an affirmative act or statement that a reasonable person would perceive as consent. This means that the safest course is to obtain an affirmative, verbal statement of permission before proceeding to sexual activity.
It is also useful to think about what is not valid consent. If coercion, threats, intimidation, or force are used, there is no consent. If a person is incapacitated due to mental or physical disability or alcohol or drug use, he or she cannot give valid consent. If a person is asleep or unconscious, he or she cannot give valid consent. And consent to one form of sexual activity does not imply consent to all forms of sexual activity. And the fact that you are dating does not imply consent.
To be clear, there is never consent by silence. Consent requires an affirmative act or statement. Sexual conduct, including physical sexual acts, will be deemed unwelcome unless there is consent. In other words, a victim is not required to affirmatively or physically resist or say “stop” in order for there to be sexual harassment or sexual violence.
The University’s prohibition on sexual misconduct is not limited to the physical confines of the University campus. There is no geographic limitation to the prohibition against sexual misconduct. Conduct that occurs off campus and involves a member of the University community can still constitute prohibited conduct. The University will accept and investigate all complaints of sexual misconduct to determine whether they constitute prohibited conduct under the policy.
Let’s consider the following example. Jack and Kate have been dating for a few weeks. Kate has previously indicated she wants to wait until marriage to have sex. One night the two are making out and Jack gets on top of Kate and unbuttons her pants. Kate is taken aback and too afraid to say anything. Jack proceeds to have sex with Kate, who lays on the bed and simply closes her eyes until it is over. In this situation, Jack did not have effective consent. Kate’s agreeing to make out does not mean she consented to sex. And she was not required to affirmatively resist Jack. There is no such thing as consent by mere silence. This constitutes sexual violence and a violation of the University’s sexual misconduct policy. This is true even if Jack and Kate were at an off-campus apartment or house when the conduct occurred.
Let’s consider another example. Jill and Jane meet at a bar after work and have several drinks. They walk back to Jill’s house. Although Jill only has a buzz, Jane is slurring her words and having trouble standing up. She even forgets Jill’s name. She tells Jill she wants to “fool around.” Jill should STOP! Jane is too drunk to give valid consent. If Jill has sexual contact with her, she will violate the University’s Non-Discrimination and Anti-Harassment Policy.
While being drunk may prevent a victim from giving effective consent, it is not an excuse for a perpetrator to claim that he or she was too drunk to recognize that the victim was incapable of giving effective consent. In other words, being drunk is never an excuse to engage in sexual violence. Anyone who chooses to drink or use drugs, and then commits sexual violence, will still be held fully accountable for their actions.
Sexual violence can include violence committed between persons who are in an existing relationship. Domestic assault, dating violence, or stalking can all be forms of sexual violence to the extent they are motivate by or involve a person’s sex. Victims of domestic assault, dating violence, or stalking may be able to obtain a protection order or restraining order from a court. While the University cannot represent a victim in court, the Title IX Coordinator can direct the victim to one or more local attorneys who handle such cases. If the victim is successful in obtaining a protection order or restraining order from a court, he or she should provide a copy to the Title IX Coordinator so the University can assist in its enforcement. The University also reserves the right to enter its own “no contact” order regardless of court action.
We all have an obligation to stop sexual violence. Sexual violence, domestic violence, dating violence, and stalking are against University policy. More importantly, they are harmful to victims and illegal. As friends and members of a community, we have an ethical duty to step in and stop violence that is about to occur or is occurring. If you are a bystander, and see that someone is about to be victimized, intervene and get help. If you are a bystander, and see that one of your friends is about to commit violence, stop them; they’ll thank you for it in the long run.
As you will learn in a few moments, the University encourages victims to report sexual misconduct that they experience or observe. The University will conduct an investigation into the report and take appropriate action if the report is substantiated by a preponderance of the evidence. People who make reports of sexual violence or who participate in the investigation, such as witnesses, are protected from retaliation by the alleged perpetrator and the alleged perpetrator’s friends. This means retaliation is a violation of the Non-Discrimination and Anti-Harassment Policy regardless of whether the underlying complaint is ultimately substantiated by a preponderance of the evidence.
Let’s consider the following example: Kate makes a report to the Coordinator of Student Conduct that her ex-boyfriend Travis has been texting nude photos of Kate to his friends in retaliation for her breaking up with him. Travis learns of the report and tells Kate if she doesn’t drop her complaint, he’ll circulate a video he secretly made of the two having sex. Travis is committing retaliation against Kate for her making a complaint of sexual misconduct. This is a violation of University policy and will subject Travis to discipline up to and including expulsion.
To be clear, the University’s prohibition on sexual misconduct protects all members of the University community regardless of their sexual orientation or gender identity. This means that sexual harassment, sexual violence, and retaliation are prohibited even if they occur between people of the same sex or gender identity; this means that both women and men are protected from sexual harassment, sexual violence, and retaliation.
The University strongly encourages students to make reports of sexual misconduct that they experience or observe. Students who wish to report sexual misconduct can file a report with the University’s Title IX Coordinator or with the University’s Deputy Student Coordinator. Sexual misconduct that constitutes a crime can also be reported to University police. All University employees, that includes faculty and staff, other than certain Confidential Reporters, are required to refer reports and observations of sexual misconduct to the Title IX Coordinator or Deputy Employee Coordinator.
Because all employees, other than Confidential Reporters, have a mandatory reporting obligation, you should never promise confidentiality to a student who wishes to discuss sexual misconduct. The University takes the mandatory reporting obligation very seriously. The failure to follow the mandatory reporting obligation will result in discipline up to and including termination.
If you believe you may be the victim of sexual misconduct, but you aren’t sure, please make a report. If you believe you may have received a report of sexual misconduct or observed it, but aren’t sure, please make a report. University officials will determine whether the report implicates potential sexual misconduct and should be investigated. Victims are not required to determine whether or not they have suffered a hostile environment before making a report of unwelcome sexual conduct.
This slide contains contact information for the University’s Title IX Coordinator, Dr. Matt Baker, the Vice-President of Student Affairs. It also includes contact information for the Deputy Employee Coordinator who handles reports made by employees. Her name is Nola Bond, Vice-President of Human Resources.
The mandatory reporting obligation is required by the U.S. Department of Education’s interpretation of Title IX. Faculty and staff members often ask whether the mandatory reporting obligation conflicts with the federal statute FERPA which requires the confidential treatment of certain student records. The Department of Education indicated in 2011 that if there is a conflict between FERPA and the requirements of Title IX, such as the mandatory reporting obligation, Title IX overrides any conflicting FERPA provisions. Therefore, faculty and staff are required to meet their mandatory reporting obligations despite FERPA’s general requirement that student records be maintained confidential.
If a person wants to make a strictly confidential report of sexual misconduct—meaning the person does not want University officials to know anything about the incident—the person may make a report to a Confidential Reporter. The Confidential Reporters are: the Counselors at the University’s Personal Development and Counseling Services and the Doctors and Nurses at University Wellness Services. If a person makes a report to the support staff of a Confidential Reporter, such as a secretary or scheduler, University officials will not be told the person’s name, but certain non-identifying information will be provided for statistical purposes.
This slide contains contact information for the Confidential Reporters at Personal Development and Counseling Services and University Wellness Services.
Even when a report of sexual misconduct is made to a non-Confidential Reporter, the University will still be discreet in handling the report and will not disclose information except to the extent necessary to complete a full and fair investigation, but confidentiality cannot be guaranteed unless the report is made to a Confidential Reporter. Unless the report is made to a Confidential Reporter, the University reserves the right to move forward with an investigation, even if the victim subsequently requests confidentiality, if there is a continuing threat to the victim or other members of the campus community.
There are other options for victims of sexual violence. Victims of sexual violence, domestic violence, dating violence, and stalking who need support but do not wish to make a report to the University or police, may contact a local or national third party victim assistance group. These third party groups will not notify the University about the report without permission. Information on third party groups is available at the University’s Title IX resources page indicated here.
With respect to timing, victims are encouraged to make a report of sexual misconduct as soon as possible, but they can make a report at any time, even if the sexual misconduct occurred in the past. Employees, including faculty and staff, who receive a report of sexual misconduct or who observe it must meet their mandatory reporting obligation promptly.
In addition to filing a report with the University, the University encourages victims of sexual misconduct that constitutes a crime to also make a report to the University Police Department or local law enforcement agency. Whether or not to contact law enforcement is up to the victim unless there is an emergency affecting the safety of others. If the victim wishes to make a report to law enforcement, University officials will assist them in doing so. But regardless of whether the victim files a police report, if the victim makes a non-confidential report to the University, the University will take action.
Cases of sexual violence may present a true emergency where the victim is in imminent fear for their health or safety. In such cases, a victim should immediately dial 911. The University recommends that all sexual violence victims promptly seek medical attention at a local hospital where they may or may not choose to undergo a sexual assault examination. After they have received emergency care, the University strongly encourages sexual violence victims to make a report of sexual misconduct to the University itself.
Cases of sexual violence involve unique issues with respect to the preservation of evidence. Victims of sexual violence often have important evidence on their clothes or person that will assist in identifying the perpetrator and obtaining a restraining order. As such, victims of sexual violence should not bathe, urinate, douche, brush their teeth, drink liquids, or change their clothes until they are examined by a medical professional or detective. Victims of sexual violence should also try to preserve other evidence, such as letters, emails, and text messages.
Victims of sexual violence often experience the effects of trauma and shock that may include feelings of fear, powerlessness, guilt, shame, embarrassment, anger, betrayal, and denial. It is important for these victims not to blame themselves. No one deserves to be the victim of sexual violence. The University has counseling services available to help and can put victims in contact with victim advocates and other professionals. The University can also help victims contact a family member or a trusted friend.
The Lighthouse Project and Northwest Coalition Against Violence partner to provide education, intervention, and advocacy to victims of sexual violence and to educate members of our community about sexual violence. Additional information about sexual violence, including what to do if you are a victim, how to make a report, and how to help sexual violence victims is available at the Lighthouse Project and CAV website, indicated here.
Students who are victims of sexual misconduct are often hesitant to make a report if they were drinking or using drugs at the time. The University’s primary concern is the safety of its students. The use of alcohol or drugs by the victim never makes the victim at fault. The University’s practice is not to prosecute or report a victim’s drinking or personal drug use when such use is disclosed in the context of a sexual misconduct report.
Let’s now discuss the procedures the University uses to investigate and resolve reports of sexual misconduct. When the University receives a report of sexual misconduct, other than one made to a Confidential Reporter, the University implements its Complaint Resolution Procedures. These procedures are available on the University’s Title IX resources website indicated here. The Complaint Resolution Procedures are the exclusive procedures for resolving complaints of sexual misconduct. They are administered by University officials who have received training on sexual misconduct and a hearing and investigation process that protects the parties and promotes accountability.
There are five parts to the Complaint Resolution Procedures. First, the University imposes necessary interim remedial measures to separate the parties and protect the alleged victim during the investigation. Second, the University conducts a prompt, fair, and impartial investigation of the report. Third, the University issues a determination as to whether or not a violation occurred under a preponderance of the evidence standard, meaning more likely than not. Fourth, the University issues discipline to the perpetrator, if there was a finding of violation, and, if necessary, issues remedial measures for the victim and wider campus. And finally, five, the parties have the right to appeal.
The first step in the Complaint Resolution Procedures is the implementation of interim remedial measures. The investigator, working with Title IX Coordinator, will consider whether interim remedies are needed to separate and protect the parties before, during, and after the investigation. The imposition of interim remedies is not a final adjudication of guilt but rather a temporary measure to protect the parties.
There are a number of potential interim remedial measures that may be used. They include: Placing limitations on the ability of the parties to contact each other. Making alternative academic or workplace arrangements so the parties are not in class or working together. Making alternative housing arrangements for students who live on campus. Providing counseling services to the alleged victim and/or the alleged perpetrator. In cases where there is probable cause to believe the alleged perpetrator is a continuing threat, interim suspension or limitations on campus presence. And finally, directing the parties not to disclose the report and investigation to uninvolved third parties.
If interim measures are imposed, such as a “No Contact Order,” all parties must abide by them. Intentionally violating interim measures is a separate violation of University policy. It also violates University policy to indirectly violate interim measures, such as having a friend contact the alleged victim when a “No Contact Order” has been put in place.
After interim measures are determined, an investigation will commence. During the investigation, the investigator will interview both the alleged victim and the alleged perpetrator. Both parties have the right to identify witnesses and other evidence for the investigator to consider. The investigator may interview other persons with relevant knowledge and review other evidence independently identified as relevant. If the investigator determines there are genuinely disputed facts about what happened, then a hearing panel will be convened to hold a hearing and determine what happened under a preponderance of the evidence standard.
A preponderance means something is more likely true than not true. Put differently, something greater than 50% is a preponderance.
The University uses the preponderance of the evidence standard because it is required by the U.S. Department of Education’s interpretation of Title IX of the Higher Education Act. The University’s investigation is not a criminal prosecution. Therefore, the “proof beyond a reasonable doubt” standard that applies in criminal prosecutions does not apply to the University’s investigation.
The University recognizes that the investigation of alleged sexual misconduct can be an intimidating process. Thus, during the investigation and any subsequent hearing, both the alleged perpetrator and the alleged victim have the right to be accompanied by a support person of their choice. This person provides personal support to the party but does not serve as an advocate and cannot be actively involved in the proceedings. If a party wants a support person but cannot find one, the investigator can refer the party to one or more University employees who have agreed to serve in this role.
After the investigation and any hearing are complete, the Title IX Coordinator will issue a written report that explains whether or not a violation of University policy occurred. Even if the report finds that sexual misconduct did not occur, the report may find that other University policies were violated. The written report includes a statement of any discipline imposed as well as a statement of reasonable and appropriate measures the University will take to remedy the effects of sexual misconduct on the victim and the campus community. The written report is jointly issued to both parties.
Sexual misconduct, including domestic violence, dating violence, and stalking, is a serious violation of University policy. Persons who are found to have committed sexual misconduct face the full range of sanctions and discipline, including: required sexual harassment training; reprimand; probation; restrictions on presence on campus; suspension or exclusion from University activities, sports, housing, and other extracurricular functions; full suspension; denial of degree; and expulsion or termination.
If you are determined to be the victim of sexual misconduct, the University has a range of permanent remedial and protective measures it may offer, including: counseling; physical and mental health treatment; modifications to living arrangements; modifications to class schedules and progress towards degree; the issuance of “no contact” orders requiring the perpetrator to stay away from you and not contact you; the enforcement of court-ordered restraining orders or similar orders; and providing an escort to walk you to class or to your dorm in the case of students.
After a determination is issued, either party may appeal the outcome if he or she believes: the decision was contrary to the substantial weight of the evidence; there is a substantial likelihood that newly discovered information, not previously available, would result in a different outcome; the investigator or the Title IX Coordinator was biased or prejudiced; or the punishment or corrective action is disproportionate to the offense.
The time to file appeal is not unlimited. Appeals must be filed within 10 days of receipt of the written determination. They are filed with the Provost and must include certain information specified in the Complaint Resolution Procedures. The Provost will resolve an appeal within 15 days of receiving it and may take all actions that he or she determines to be in the interest of a fair and just decision. The decision of the Provost is final.
In most cases, the University will complete its investigation and determination within 60 days of the report being made. The investigation and determination may be temporarily delayed to avoid interfering with an ongoing law enforcement investigation, but the University will complete its investigation and determination regardless of the outcome of the law enforcement investigation. If a delay beyond 60 days is anticipated, the parties will be notified by the University.
In lieu of the formal investigation and determination process, the parties may, by agreement, use informal resolution facilitated by the investigator. The University, however, will not require the parties to work out their problems amongst themselves. Either the complainant or the respondent can always suspend informal resolution and move to the formal process. Informal resolution will never be used in cases involving sexual violence.
While the University encourages the reporting of sexual misconduct, any person who knowingly alleges a false or frivolous complaint against another will be subject to the full range of discipline up to and including expulsion or termination.
The University’s Title IX resources page is listed here. It includes important information including the Non-Discrimination and Anti-Harassment Policy; the Complaint Resolution Procedures; contact information for the Title IX Coordinator , Deputy Student Coordinator, and Deputy Employee Coordinator; additional resources for victims of sexual misconduct; and a set of frequently asked questions that address additional points and topics not covered here today.
This slide contains important phone numbers including the phone number for the Title IX Coordinator; the Deputy Employee Coordinator; Personal Development and Counseling Services, whose counselors are Confidential Reporters; University Wellness Services, whose medical professionals are Confidential Reporters; and University police.
This slide contains important third party phone numbers for victims of sexual misconduct, including contact information for the Children and Family Center of Northwest Missouri; the National Sexual Assault Hotline; and the National Domestic Violence Hotline.
In a few moments, you will be asked to take a 15 question quiz designed to test your understanding of the concepts covered in today’s training. The quiz is mandatory and verifies that you completed this training. Please take this quiz seriously. Although your answers are not graded, the quiz will reinforce your understanding of sexual misconduct, University policy, and resources that are available to victims.
Thank you for participating in today’s training. In conclusion, the University does not tolerate sexual misconduct of any kind. The University will investigate reports of sexual misconduct and take appropriate action. All employees other than Confidential Reporters have a mandatory reporting obligation. We all share responsibility for keeping our campus and community safe. The University has resources available to help victims of sexual misconduct and to educate our campus community.