2017-2018 Student Handbook

Page 90 of 107 Updated 1.25.17 Some students may choose to pursue criminal charges (i.e., through the police and criminal courts). Others may choose to pursue university judicial options if the respondent is a HSU student. Some may choose both. Civil litigation is a third option that some complainants choose. It is important that complainants understand their options as they make these decisions. Speaking confidentially with a counselor from HSU or RVCC may be helpful in making a decision as to how to proceed. For help in reporting an offense to local law enforcement, contact HSU campus police (325-670-1461). It is important to understand that reporting the incident does not obligate the complainant to press criminal charges. To pursue disciplinary action through the university, the complainant must to file a report with the Title IX Office at 325-670-1831. If the complainant or another source identifies a potential respondent, the campus police and Title IX Coordinator will collaborate with local law enforcement in conducting an investigation. Although the complainant’s wishes will be taken into consideration, there are also community safety issues which must be considered. Thus, if the respondent could reasonably be a potential threat to the complainant or other members of the university community, the university may implement interim measures or remedies relating to a respondent regardless of whether the complainant agrees or wishes to pursue a complaint. The university will make every effort to safeguard the identities of students who seek help and/or report sexual misconduct. While steps are taken to protect the privacy of complainants, the university may investigate an incident and take action once an allegation is known, whether or not the student chooses to pursue a complaint. The Title IX Office has the ability to consolidate multiple cases into one investigation if evidence relevant to one incident might be relevant to others. For example, consolidation might involve multiple complainants and one respondent, multiple respondents, and/or conduct that is temporally or logically connected. The University may place an administrative hold on the respondent's University transcript, make a transcript notification, or defer or withhold the award of the respondent's degree. Although a respondent may withdraw from the University while the investigation is pending, this withdrawal may be considered permanent and the respondent’s transcript will be noted “withdrawal pending disciplinary investigation.” Even if a respondent withdraws from the University, the Title IX Coordinator may decide to proceed with the investigation and resolution process. 22.12 Interim Measures If the Dean of Students or Title IX Coordinator determines that continued close proximity or potential for unwanted interaction with the respondent might pose a threat to the complainant, interim measures may be imposed pending a final determination of responsibility. Interim measures may include alternative living arrangements, arrangements which avoid contact between the complainant and the respondent while using university property, classrooms, or related privileges, interim suspension of the accused pending an investigation when serious safety concerns dictate, or other appropriate interim measures. 22.13 Procedure in Sexual Misconduct Cases Complainants and respondents involved in sexual misconduct cases are subject to the following procedure. Mediation is not an option in resolving sexual misconduct cases. A. Students who experience sexual misconduct report the incident(s) to the Title IX Office and opt to file a complaint. B. The Title IX Coordinator determines if any interim measures are warranted, such as suspension, relocation of housing, assess duty to warn campus, etc. C. Title IX Coordinator notifies respondent of complaint. D. Title IX Coordinator gathers statements from complainant(s), respondent, and witness(es).