2017-2018 Student Handbook

Page 85 of 107 Updated 1.25.17 can occur between people of the same or different gender. This policy will also provide resources and help for victims and their advocates. Hardin-Simmons University expects students to abide by the Student Conduct and Regulations Statement (see Section 26). 22.2 Purpose of this policy Pursuant to Title IX of the Education Amendments of 1972 and Violence Against Women’s Reauthorization Act of 2013, HSU prohibits discrimination on the basis of sex or gender in its programs and activities. HSU has jurisdiction over complaints or reports under Title IX. Our university will respond to, and make reasonable efforts to, investigate and address complaints or reports about prohibited conduct, or possible prohibited conduct, that staff becomes aware of, with measures designed to stop the prohibited conduct, eliminate any such discrimination, prevent the recurrence of the prohibited conduct, and remediate any adverse effects of such conduct on campus or in university related programs or activities. The procedures in this policy are designed to provide for a timely and fair investigation of sexual misconduct cases, regardless of how the information was brought to HSU’s attention or the extent to which the complainant (as defined below) wishes to participate or be involved, and to protect the rights and privacy of all parties involved. Retaliation against anyone involved in filing an internal complaint under this policy, filing an external complaint, participating in the internal disciplinary process, or opposing in a reasonable manner an act believed to constitute a violation of this policy, is prohibited and will not be tolerated. 22.3 Scope of this policy The policy includes investigation and disciplinary procedures that will be followed in response to allegations of sex or gender discrimination, including sexual misconduct such as sexual harassment and sexual assault, intimate partner violence, stalking, and related retaliation. In a case of alleged sex or gender discrimination or sexual misconduct, this policy supersedes policies and procedures for other forms of misconduct, unless otherwise provided in this policy. This policy defines: the prohibited conduct; the options and resources available to individuals who experience sexual misconduct; and the complaint; investigation and disciplinary procedures that will be followed when the University receives a complaint of sexual misconduct. All allegations of sexual misconduct, including, but not limited to, sexual harassment, sexual assault, intimate partner violence, stalking, and retaliation will be carefully reviewed. This policy applies to all members of the HSU community, including administrators, students, faculty and staff, whether full-time or part-time, and any third parties (i.e. non-members of the university community, such as visitors to the campus, volunteers, vendors, and contractors). This policy applies to students regardless of location, whether on or off campuses. This policy applies to university-sponsored programs and activities occurring both on and off campuses, as well as the university’s computing and network resources being used on and off campus. This includes, but is not limited to, field trips, mission trips, study-abroad programs, off-site courses, volunteer work or internships, and use of any electronic or media associated with HSU including email and/or social media. If an incident of sexual misconduct involving a member of the HSU community occurs at a non-university sponsored event, and when such conduct may have a significant, adverse impact on the individual or on the campus community, the procedures of this policy will apply.