Reporting Process
What is the difference between a report and a formal complaint?
A report is information shared with the Title IX Coordinator, which could become an investigation or remain just at a conversation/ supportive measure only.
A formal complaint initiates the grievance process (formal investigation or informal resolution)
There is no time limit on reporting
Fact!
How much information do you need to give to make a report?
Name of the person who may have experienced the misconduct. If names of other individuals, dates, locations are known (those are also included). Reports are often short! Only include information you know.
What are the two reporting obligations CAs have?
Mandatory reporting
Pregnancy notification requirement
What are the characteristics Title VI protects?
Color, race, national origin
What are the three categories of reporting?
Confidential Resource: unless there is a threat to safety or others, confidential resources will not reveal information in an identifiable way to the university
Required Referrer: required to provide resources (business card)
Mandatory Reporter: Required to report to the Title IX Coordinator
A person who is drinking underage and serves as a witness or party will get in trouble
Myth! Amnesty policy applies.
Who learns about a report?
Only those who have a need to know learn about a report. The Title IX Coordinator, Jodi Canfield, Jon Duraj, and Safety and Security if there is a threat to campus may learn about the report. Coaches and faculty are not automatically informed. Title IX office can assist informing these folks, but it is up to the reporting person if they wish to involve these individuals.
What are examples of possible sanctions. Name 3.
Campus ban, mandatory education, no contact order, disciplinary probation, suspension, expulsion, termination of a leadership position
What is the process for reporting discrimination/ harassment matters?
Reporting process is the exact same as for sexual misconduct. Email the Title IX Coordinator and submit a sensitive IRF.
What stages in the process are witnesses involved?
Witnesses are involved in the initial interview stage and possibly at the live hearing
Talking to the Title IX Coordinator will require an investigation.
Myth. Outside a serious threat to campus, the Complainant's wishes are followed and if the person does not want an investigation, the Title IX office honors that
What is the outcome of a report?
A conversation, supportive measures, informal resolution, formal investigation and adjudication.
What are examples of supportive measures. Name 4.
Facilitated access to counseling, no contact order, conversations with professors, educational conversations, academic support, permissible restrictions on movement, moving residence hall, additional education for a particular group, withdrawal from a course without penalty
Does SLU have a Title VI Coordinator?
No. Full points if you included SLU will be designating a Title IX Coordinator in the next year.
Name two differences between Title IX and non-Title IX reporting
1. Hearing vs. conference
2. Who performs the cross-examination questioning (advisors vs. hearing panel)
3. Sexual harassment, sexual assault, stalking, dating and domestic violence within Title IX jurisdiction handled by Title IX process. The conduct handled by each process is different. Discrimination on the basis of race, color, national origin, disability, marital status, pregnancy, etc, sexual exploitation, or where Title IX does not have jurisdiction are under non-Title IX reporting.
An informal resolution is always an option.
Myth. If a formal complaint is between a student complainant and employee respondent, not an option
School must agree to permit an informal resolution. If a person already had a prior informal resolution, it is less likely a second one would be permitted.
If there is a situation that makes you or a resident nervous but a person has asked them not to report, what can you do?
Always available for a hypothetical conversation. If safety is a serious concern, then CAs you must share that information; residents should be encouraged to seek out additional support
Additional education, additional parameters in a no contact order, reflection paper, payment for certain medical services, non-disclosure agreement, not attend take back the night, not accept a captain's nomination.
Are Title VI and Title IX handled the same way?
Reporting is the same.
Obligation to respond on matters is increased in Title VI.
Approximately how long does each stage of the process take. Hint 4 stages.
Evaluation stage (i.e. the University’s decision whether to dismiss or investigate a formal complaint) between 5-10 days; NOIA and investigation stage, estimated between 30-60 days; adjudication stage ( including pre hearing and determination writing, estimated between 30-60 days; and appeal, where applicable, estimated between 20-30 days.
If a person is found not responsible they will always be able to make a case against the reporting person for making a false complaint
Myth! It is a high bar to reach the threshold for a false complaint. Not responsible does not mean made in bad faith. Most complaints are made in good faith.
What if a group of people want to report to Title IX, but one person does not want to?
CAs still must include everyone's names in a report. However, if one person does not want to move forward with a conversation with the Title IX Coordinator or an investigation that person is free not to move forward while others do.
What are examples of evidence preservation. Name 2.
SANE exams
Saving text messages, instagram stories, snap chats, etc.
Journal entries
Call logs
Photos with time stamps
What is the first amendment and how does it interact with Title VI
Not all bias or statements protected by the first amendment (speech), rise to the level of a policy violation. Still the University will respond and provide support to impacted individuals even if a policy violation has not taken place.