Sexual Misconduct Prevention Training
Keeping Our Campus And Community Safe For All Students
Northwest Missouri State University
The Purpose Of This Training
We want our campus to be a safe place 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 sexual misconduct, things you can do to keep you and your friends safe, and resources that are available
Additional information on sexual misconduct is available at http://www.nwmissouri.edu/facts/titleix.ht
What is sexual misconduct?
Sexual misconduct is unwelcome sexual conduct that includes
Sexual harassment
Sexual violence
Retaliation against those who make complaints of sexual harassment/sexual violence or who participate in the University’s investigation proce
Sexual misconduct is prohibited by University policy
The University’s Non-Discrimination and Anti-Harassment Policy prohibits all sexual misconduct
The full policy is available on the University’s website at http://www.nwmissouri.edu/facts/titleix.htm
ALL STUDENTS ARE EXPECTED TO READ, KNOW, AND FOLLOW THE POLICY
Sexual misconduct is also prohibited by federal law, including Title IX of the Higher Education Act
Violating the Non-Discrimination and Anti-Harassment Policy is very serious and can result in a range of discipline up to and including expuls
What is sexual harassment?
Sexual advances, requests for sexual favors, and other verbal, physical, or visual conduct constitute sexual harassment when the conduct is unwelcome and:
Substantially interferes with the victim’s academic or professional performance; or
Creates what a reasonable person would perceive as an intimidating, hostile, or offensive environment; or
Where submission to the conduct is made a term or condition of the victim’s education or employme
What is unwelcome?
Whether sexual conduct is unwelcome depends on 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 unwelc
How do I know if my conduct is harassing?
Ask yourself:
Would I mind if someone treated my spouse/partner, mother/father, sister/brother, or boyfriend/girlfriend this way?
Would I mind if someone told my spouse/partner, mother/father, sister/brother, or boyfriend/girlfriend about what I was saying or doing?
Would I engage in this conduct if my spouse/partner, mother/father, sister/brother, or boyfriend/girlfriend were present?
Would I mind if a news reporter wanted to write about what I am doing?
Am I engaging in the conduct because someone told me to stop and I’m angry?
If the answer to any one of these questions is “yes,” there is a considerable risk your conduct is haras
Examples of Sexual Harassment
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
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 get Jenny some roses and chocolates 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 further advances on her are harassment. He should leave her alone.
Example
Ty goes to meet with the graduate teaching assistant, James, during office hours. James is only a few years older than Ty and finds Ty attractive. James compliments Ty on how hard he has worked in the 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. James is trying to leverage Ty’s grade for a romantic relationship. It doesn’t matter that Ty and James are both men. Sexual harassment can occur between persons of the opposite sex and persons of the same sex.
A hostile environment
How does the University determine whether unwelcome sexual conduct has created a hostile environment for the victim?
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
The effect the conduct has on the victim’s daily life and acti
What is sexual violence?
Sexual violence includes physical sexual acts perpetrated against a person’s will or when a person is not capable of giving consent due to mental or physical incapacity, drug or alcohol intoxication, or because of their youth (i.e., they are below the age of legal consent)
Sexual violence incudes:
Sexual intercourse (oral, vaginal, or anal) 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 an STD
Secretly recording sexual ac
What is valid consent?
Valid consent must be:
Informed
Freely given
Mutually understood
Requires an affirmative act or statement that a reasonable person would perceive as consent
The safest course is to obtain an affirmative, verbal statement of permission.
E.g.: Q: “Do you want to have sex?” A: “Yes.”
E.g.: Q: “How far do you want to go?” A: “You can touch me. But I don’t want to have
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
Consent to one form of sexual activity does not imply consent to all forms of sexual activity
The fact that you are dating does not imply cons
When is a person too drunk or high to give effective consent?
A person is incapacitated and unable to give effective consent if drug or alcohol use leaves them unable to fully understand the conduct in question and knowingly consent to it
Examples of incapacitation include but are not limited to:
The person has passed out
The person is stumbling, staggering, or cannot walk without help
The person cannot remember people’s names
The person doesn’t know where they are or have to be reminded
The person is throwing up
The person has to be reminded of what they are doing
The person has to lie down
The person is doing and saying things they otherwise would never do
The person appears confused or dazed
The person cannot hold a drink, fork, pencil, etc. without d
There is never consent by silence
Remember, consent requires an affirmative act or statement
The University does not recognize consent by silence
Sexual conduct, including physical sexual acts, will be deemed unwelcome unless there is consent
In other words, a victim is not required to affirmatively/physically resist or say “stop” in order for there to be sexual harassment or sexual violen
Example
Jack and Kate have been dating for a few weeks. Kate has previously indicated she is a virgin and 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.
Jack did not have consent. Kate’s agreeing to make out does not mean she consented to sex. Kate was not required to affirmatively resist Jack. There is no such thing as consent by mere silence.
Example
Jill and Jane meet at a bar and have several drinks. They walk back to Jill’s apartment. 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.
Example
Jack and Danny have been a couple for two months. They have had consensual sex before. They are making out on Danny’s bed when Jack says that he is tired and wants to stop. Danny wants to continue and pins Jack down while he pulls down his pants.
Danny should STOP! Jack may have given consent to make out, but he hasn’t given consent for sex. And he’s said he wants to stop. The fact they had consensual sex before is irrelevant.
Being drunk isn’t an excuse
It is not an excuse for a perpetrator to claim he or she was too drunk to recognize 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 accountable for their action
Getting someone drunk or high to have sex is never okay
Getting someone drunk so they will have sex with you is never okay
Giving someone drugs (such as Rohypnol, tranquilizers, or opiates) so that you can have sex with them is never okay
The use of alcohol or incapacitating drugs is common in cases of “date rape.” If you see someone put something in your drink, you think someone is trying to get you drunk to take advantage of you, or you feel ill or woozy—like you have been drugged—leave the situation immediately and seek help.
Sexual violence in relationships
Sexual violence can happen even between people who are married or dating
University policy prohibits sexual violence and other forms of physical violence between persons who live together (domestic assault) and people who are in a dating relationship (dating violence)
University policy also prohibits stalking, including stalking that is sexual in natur
What qualifies as domestic assault?
Domestic assault generally involves violence or attempted violence perpetrated against a family or household member.
Family or household members include spouses, former spouses, any person related by blood or marriage, persons presently residing together or who have resided together in the past, any person who is or has been in a continuing social relationship of a romantic or intimate nature with the victim, and anyone who has a child in common regardless of whether they have been married or resided together in the past.
What qualifies as dating violence?
Dating violence is violence committed by a person who is or has been in a social relationship of a romantic nature with the victim. A relationship is of a romantic nature if it is characterized by the expectation of affection or sexual involvement.
In determining whether a romantic relationship exists, the University considers (1) the length of the relationship; (2) the type of the relationship; and (3) the frequency of the interaction of the parties to the relationship.
What qualifies as stalking?
A person commits stalking if he or she purposefully, through a course of conduct, harasses or follows another with the intent of harassing him or her. A course of conduct means a pattern involving two or more acts, which may include communication by any means, over a period of time, no matter how short.
Conduct that is protected by the First Amendment—such as arguing over policy or politics with a fellow student in class—is not stalking.
Some warning signs of abuse in relationships
You are afraid of your partner much of the time
Your partner has an explosive temper that results in violence (punching walls, harming animals, breaking things, etc.)
Your partner inures you or has threatened to injure you
Your partner sees you as a sex object, rather than as a person
Your partner gives you bruises or other injuries that you are hiding from others
Your partner checks your phone or email without permission to see what you are doing and who you are communicating with
Your partner restricts who you can talk to or where you can go
Your partner gets angry if you won’t have sex with them
Your partner calls you demeaning names in a mean-spirited way (“fat,” “ugly,” “bitch,” “whore,” “slut,” “worthless,
Protection orders
If you are the victim of domestic assault, dating violence, or stalking a court may be able to enter a protection order or restraining order to protect you
While the University cannot represent you in court, the Title IX Coordinator can refer you to one or more local attorneys that handle such cases
If you obtain a protection order or restraining order from a court, please provide a copy to the Title IX Coordinator so the University can assist in enforcing the order with respect to its campuses
The University may enter its own “no contact” order regardless of court act
We all have an obligation to stop violence
Sexual violence, domestic violence, dating violence, and stalking are against University policy, 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 r
Some tips for bystander intervention
If you suspect someone is in trouble, err on the side of intervening
Your goal should be to get the potential victim to a place of safety; to remove them from the threatening situation
If you’re uncomfortable intervening, get one or more friends and do it together
If the situation is an emergency, you can call 911 or campus police (660-562-1254) even though you aren’t the victim
You have the right to make a report of misconduct to the University even if you aren’t the victim
If you learn about misconduct after it happens, offer to assist the victim in making a report; you can even go with them to an appropriate University offic
Some tips for keeping friends out of trouble
Don’t help or facilitate your friends if they are engaging in sexual misconduct
Remind your friends that sexual misconduct is prohibited and there could be serious consequences if they violate University policy
If your friend is drunk or high and engaging in misconduct, try to redirect them and get them away from the situation safely
If you have a friend that is known for engaging in misconduct, consider confronting him or her with others if you can do so safe
What is retaliation?
As you will learn in a few moments, the University encourages you to report sexual misconduct that you 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
Retaliation is a violation of the Non-Discrimination and Anti-Harassment Poli
Example
Kate makes a report to the Dean of Students 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. He is threatening to take adverse action against Kate based on the fact that she made a report. This is a violation of University policy and will subject Travis to discipline up to and including expulsion.
University policy protects all persons
The University’s prohibition on sexual misconduct protects all members of the University community regardless of their sexual orientation or gender
This means that sexual harassment, sexual violence, and retaliation are prohibited even if they occur between people of the same sex or gender
And this means that both men and women are protected from sexual harassment, sexual violence, and retaliati
Reporting sexual misconduct
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 Title IX Coordinator
All University employees (other than Confidential Reporters) are required to refer reports to the Title IX Coordinator, so you can also make a report to another University administrator, a trusted faculty member, a resident assistant, or a coach or assistant coac
If you have doubts . . .
If you believe you may be the victim of sexual misconduct, but you aren’t sure, please make a report
University officials will help you determine whether your report implicates potential sexual misconduct and should be investigated
You are not required to determine whether or not you have suffered a hostile environment before you make a report of unwelcome sexual conduc
Reporting Contact Information
The Title IX Coordinator
Dr. Matt Baker, Vice-President of Student Affairs
2160 Student Union
Tel: 660-562-1219
Email: mcbaker@nwmissouri.edu
The Deputy Student Coordinator
Kori Hoffman
Student Development and Conduct Coordinator
2140 Student Union
Tel: 660-562-1554
Email: khoff20@nwmis
When you make a report
When you make a report to the Title IX Coordinator or Deputy Student Coordinator they will:
Explain your rights under the University’s policies and procedures
Discuss your option to make a criminal report to law enforcement
Notify you of resources for victim advocacy, counseling, medical and mental health services, and local options for legal assistance
Discuss with you interim remedial measures to protect you before, during, and after the investigation such as changes in class or living arrangements or other accommodations
Take down information about your report so an investigation can be undert
Confidential Reporters
If you wish to make a confidential report of sexual misconduct—i.e., you do not want the University to know anything about the incident—you may make a report to a Confidential Reporter
The Confidential Reporters are:
The Counselors at the University’s Personal Development and Counseling Services
The Doctors and Nurses at University Wellness Services
If you make a report to the support staff of a Confidential Reporter (like a secretary or scheduler), University officials will not be told your name, but certain non-identifying information may be provided for statistical purpo
Confidentiality
The University will be discreet in handling your report and will not disclose information except to the extent necessary to complete a full and fair investigation but confidentiality cannot be guaranteed unless your report is made to a Confidential Reporter
Unless your report is made to a Confidential Reporter the University reserves the right to move forward with an investigation, even if you subsequently request confidentiality, if there is a continuing threat to you or other members of the campus community
Confidential Reporter Contact Information
Personal Development and Counseling Services
800 University Drive
Tel: 660-562-1348 (ask for Counseling Services)
A list of counselors is available at http://www.nwmissouri.edu/counseling/directory/index.htm
University Wellness Services
800 University Drive
Tel: 660-562-1348 (ask for Health Services)
A list of medical professionals is available at http://www.nwmissouri.edu/wellness/directory/ind
Other options
If you are the victim of sexual violence, domestic violence, dating violence, or stalking and need support but do not wish to make any report to the University or police, you may wish to contact a local or national third-party victim assistance group
These third party groups will not notify the University about your report without your permission.
Information on third party groups is available at
http://www.nwmissouri.edu/facts/titleix.h
When to make a report
Students can make a report of sexual misconduct at any time, even if the sexual misconduct occurred in the past
But delayed reporting can make it more difficult for the University to investigate the report and take appropriate action
The University strongly encourages that all reports of sexual misconduct be made within 60 days of the misconduct occurrin
Your option to contact police
If you are the victim of sexual violence, in addition to filing a report with the University, the University encourages you to also make a report to the University Police Department or local law enforcement
But whether or not to contact law enforcement is up to you unless there is an emergency effecting the safety of others
If you wish to make a report to law enforcement, University officials will assist you in doing so
Regardless of whether you contact law enforcement, if you make a non-confidential report to the University, the University will take acti
Emergency situations involving sexual violence
If you are in an emergency situation and fear for your safety, you should immediately dial 911
If you do not have an immediate fear for your safety, the University recommends that you promptly seek medical attention at a local hospital where you may or may not choose to undergo a sexual assault examination
At the hospital, staff will advise you of the option to contact law enforcement, and the University recommends that you do so
After you have received emergency care, the University strongly encourages you to make a report of sexual misconduct to the University itse
Preserving 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
If you are the victim of sexual violence, you should not bathe, urinate, douche, brush your teeth, drink liquids, or change your clothes until after you are examined by a medical professional or law enforcement officer
You should also try to preserve other evidence, such as letters, emails, and text message
Trauma and sexual violence
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 not to blame yourself. No one deserves to be the victim of sexual violence
The University has counseling services (free of charge for students) available to help you and can also put you in contact with victim advocates and other professionals
The University can also help you contact your family or a trusted friend or advis
The Lighthouse Project and CAV
The Lighthouse Project and Northwest Coalition Against Violence (CAV) 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
http://www.nwmissouri.edu/wellness/lighthouseprojec
What if I was drinking or using drugs?
Oftentimes victims of sexual violence were drinking or using drugs and may be afraid they will be punished for this if they report sexual violence
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
The Complaint Resolution Procedures
When the University receives a report of sexual misconduct (other than a report to a Confidential Reporter), the University implements its Complaint Resolution Procedures
The Complaint Resolutions Procedures are available on the University’s website at http://www.nwmissouri.edu/facts/titleix.htm
The Complaint Resolution Procedures are the exclusive University procedure 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 accountabil
Five parts to the Complaint Resolution Procedures
The University imposes necessary interim remedial measures to separate the parties and protect the alleged victim during the investigation
The University conducts a prompt, fair, and impartial investigation into the report
The University issues a determination as to whether or not a violation occurred under a preponderance of the evidence standard (more likely than not);
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
The parties have the right to ap
Interim remedial measures
Once a report of sexual misconduct is made, the Title IX Coordinator appoints an investigator and notifies the parties
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
Potential interim measures include
Placing limitations on the ability of the parties to contact each other (a “No Contact Order”)
Making alternative academic or workplace arrangements so the parties are not in class or working together
Making alternative housing arrangements
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
Directing that the parties not disclose the report and investigation to uninvolved third-par
Warning—don’t violate in
If interim measures are imposed, such as a “No Contact Order,” all parties must abide by the measures
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
terim measu
The investigation
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 standa
What is a preponderance?
A preponderance means: something is more likely true than not true
Something greater than 50% is a preponderance
Why does the University use a preponderance?
The preponderance of the evidence standard 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” that applies in criminal prosecutions does not apply to the University’s investigatio
Your right to a support person
During the investigation and hearing, both the alleged perpetrator and the alleged victim have the right to be accompanied by a support person of their choice
The support person provides personal support to the party but does not serve as an advocate and cannot be actively involved in the proceedings
If you want a support person but are unable to identify one, the investigator can refer you to one or more University employees who have agreed to serve in this rol
The determination
After the investigation and hearing are complete, the Title IX Coordinator will issue a written report that will explain whether a violation of University policy occurred
Even if the written report finds that sexual misconduct did not occur, the report may find that other University policies were violated
The written report will include a statement of any discipline imposed as well as a statement of reasonable and appropriate measures the University will take to remedy the effects the sexual misconduct has had on the victim and the campus community
The written report is jointly issued to the parties
Sanctions and discipline
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 (for any length of time)
Restrictions on presence on campus
Suspension or exclusion from University activities, sports, housing, and other extracurricular functions
Full suspension (for any length of time)
Denial of degree
E
Remedial measures
If you are determined to be the victim of sexual misconduct, the University has a range of 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
Enforcement of court-ordered restraining orders or similar orders
Providing an escort to walk you to class or to yo
The grounds for appeal
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 Title IX Coordinator was biased or prejudiced
The punishment or corrective action is disproportionate to the offe
http://www.nwmissouri.edu/facts/titleix.htm
Contains the Non-Discrimination and Anti-Harassment Policy
Contains the Complaint Resolution Procedures
Contains Contact Information For The Title IX Coordinator and Deputy Student Coordinator
Contains information on Additional Resources for victims of sexual misconduct
Contains Frequently Asked Questions that address additional points and topics not covered here to
Important phone numbers
Title IX Coordinator
1-660-562-1219
Deputy Student Coordinator
1-660-562-1554
Personal Development and Counseling Services (confidential reporter)
1-660-562-1348
University Wellness Services (confidential reporter)
1-660-562-1348
University Police
1-660-562-1254; Call 911 for
Important third-party phone numbers
Children and Family Center of Northwest Missouri
24 hour crisis hotline: 1-866-382-7867
Local phone: 1-660-562-2320 or 1-660-562-3544
National Sexual Assault Hotline
1-800-656-HOPE
National Domestic Violence Hotline
1-800-799
Sexual misconduct quiz
In a few moments, you will take a 15 question quiz designed to test your understanding of the concepts covered in today’s training
The quiz is mandatory for all students who participate in sexual misconduct 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 y
In conclusion . . .
The University does not tolerate sexual misconduct of any kind
The University will investigate reports of sexual misconduct and take appropriate action
The University encourages you to report suspected sexual misconduct
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 commun