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The care and welfare of EMU students, faculty, and staff is of utm= ost importance. While policies and procedures can often feel cold and imper= sonal, we understand the stress and emotional trauma involved in such situa= tions. Procedures are carried out by people who care about and are committe= d to trauma informed work with all parties involved.
The following procedures function in conjunction with the <= a href=3D"/wiki/spaces/RVSM">Relationship Violence and Sexual Miscond= uct Policy, and will be initiated when a report of an alle= ged occurrence of Prohibited Conduct is received. The intent of these proce= dures is to provide a prompt, fair, equitable, and impartial process from t= he initial report to the final outcome, consistent with applicable law and = our commitment to the Anabaptist-Mennonite Christian tradition, as expresse= d in the University=E2=80=99s Life Together Commitment, mission, and values= . This process is not designed to take the place of making a criminal repor= t to law enforcement or of a criminal investigation. The procedure as outli= ned below may take place whether or not a criminal report is made: it is a = separate and independent process.
EMU is committed to a =E2=80=9Cprompt and equitable resolution=E2= =80=9D of complaints of Prohibited Conduct whether education is being condu= cted in person or remotely through online platforms. When these proce= dures must be applied during times of remote instruction, they will be foll= owed as closely as possible in the investigative and adjudicative processes= .
The procedures that follow articulate the Grievance Process used b= y the University to address Formal Complaints under this policy. Upon the r= eceipt of a Formal Complaint, the presumption followed by the University is= that the Respondent will not be held responsible for the alleged conduct u= ntil a determination regarding responsibility is made at the conclusion of = this process. The standard used to determine responsibility for all Formal = Complaints against students and staff under this policy is the preponderanc= e of the evidence.
This process is intended to provide the parties a reasonably promp= t time frame for the conclusion of this process, as provided in Section 7.7 of this policy and as is otherwise provided in e= ach section below. These timelines may be temporarily delayed or extended f= or good cause, which is defined to include considerations such as the absen= ce of a party; concurrent law enforcement activity; the need for language a= ssistance or accommodation of disabilities; difficulties obtaining or secur= ing evidence; and other good and just cause. The University will notify bot= h parties simultaneously if an extension is needed and the reasons for the = extension.
At no time should this process be construed as requiring, allowing= , relying upon, or otherwise using questions or evidence that constitute or= seek disclosure of information protected under a legally recognized privil= ege, unless the person holding such privilege has waived the privilege.
This process may conclude and the Formal Complaint may be dismisse= d at any time if (1) the Complainant notifies the Title IX Coordinator in w= riting that the Complainant would like to withdraw the Formal Complaint or = any allegations therein; (2) the Respondent is no longer enrolled in or emp= loyed by the University; or (3) specific circumstances prevent the Universi= ty from gathering evidence sufficient to reach a determination as to the Fo= rmal Complaint or the allegations. Upon a dismissal permitted under this po= licy, the University will promptly notify both parties simultaneously of th= e dismissal and the reason(s) supporting the dismissal.
Reports can be made by submitting a completed Campus Safety and Care R= eporting Form; by contacting the Title IX Coordinator in p= erson, via phone at 540-432-4849, or by email at titleixcoordin= ator@emu.edu; or by making a disclosure to a faculty or staff person, w= ho serve as Mandated Reporters.
After receiving a report, the Title IX Coordinator will contact th= e Complainant to assess safety and offer an opportunity for an intake meeti= ng.
During the intake meeting, the Title IX Coordinator will make avai= lable and review copies of the Appendix B: Rights of the Complainant, out= line the RVSM process and procedures, and provide a list of Section 8: Resources and Supportive Measures.
The Complainant will be offered the following options for moving f= orward:
The Complainant may choose which of the above options they want th= e University to take, and will indicate their choice by completing the EMU RVSM= Complaint Form, if they have not done so as part of their= initial outreach to the University Title IX office. Once this form h= as been completed, Complainants may change their mind at any time as to the= course of action they want the process to take and will indicate this deci= sion by completing this form again. Regardless of the option selected, the = Complainant may access certain campus resources and Supportive Measures, fo= r example, counseling, health center support, and pastoral services. = For a full listing see Section 8: Resources and Supportive Measur= es.
All Campus Safety and Care Reporting Forms and EMU RVSM C= omplaint Forms are received by the <= span>Title IX Coordinator, the Coordinator of Campus Safety and Security, and the Dean o= f Students, who comprise the Title IX Safety Team. After a report is receiv= ed, the Safety Team will determine the need for administrative leave (in th= e case of employees), emergency removal (in the case of students), and/or a= timely warning to be issued within the 72 hour notice to the Commonwealth= =E2=80=99s Attorney and local law enforcement, and will, if deemed necessar= y make those notifications. A timely warning is required by the Clery Act and alerts t= he campus community to potentially dangerous circumstances. The need for a = timely warning is determined by considering the nature of the act reported = and the likelihood that continuing danger exists for the campus community. = If warranted, a timely warning will be issued by the Coordinator of Campus = Safety and Security, who has the final authority to make the determination.= In cases involving an employee, the Director of Human Resources will= also be consulted.
No Further Inquiry or Investigation. The Title IX Ass= essment team will assess the Complainant=E2=80=99s preference for no furthe= r action by considering the severity of the alleged misconduct and the fact= ors set forth in Section 3.6<= /a>: Request for Anonymity. If the Complainant chooses not to move fo= rward, the Title IX Assessment team may concur that no further process is r= equired. The Title IX Assessment Team may also determine that the Title IX = Coordinator must execute a Formal Complaint to move forward based upon the = severity of the alleged misconduct and/or other factors set forth in Sectio= n 3.6 despite the wishes of the Complainant.
Formal Complaint. The Title IX Assessment team will a= ssess the Formal Complaint to determine whether the Complainant=E2=80=99s a= llegations are within the scope of this policy or whether another Universit= y policy controls. If it is determined that the Formal Complainant is not w= ithin the scope of this policy, the Title IX Coordinator will notify the Co= mplainant that the Formal Complaint is dismissed and will refer the Complai= nant to the appropriate process.
The University may consolidate Formal Complaints as to allegations= against more than one Respondent, or by more than one Complainant against = one or more Respondents, or by one party against the other party, when the = allegations arise out of the same facts or circumstances.
Upon receipt of a Formal Complaint, the University will provide th= e following written notice to the Complainant and the Respondent which incl= udes the following:
If, during the course of the investigation, the University decides= to investigate allegations about the Complainant or the Respondent that ar= e not included in this notice, the University will provide notice of the ad= ditional allegations to the parties.
Once a Formal Complaint is filed, the Title IX Coordinator will ma= ke contact with the Respondent by phone call or email to set up a time for = an intake meeting.
The Respondent may have an Advisor with them at this meeting. The = Respondent also has the right to decline a meeting. During the intake= meeting, the Title IX Coordinator will make available and review copies of= the Appendix C: = Appendix C: <= /span>Rights of the Respondent, outline the Title= IX process and procedures, and provide a list of Section 8: Resou= rces and Supportive Measures, both on and off campus.
The Title IX Coordinator or their designee will conduct a prompt, = thorough, impartial, and equitable investigation based on the following pri= nciples:
As a part of the investigation, interviews will be conducted with = all involved parties, beginning with the Complainant. The Complainant and t= he Respondent will not come into contact with one another during the interv= iew process. The University will provide each party with at least 24 hours= =E2=80=99 notice of the date, time, location, participants, and purpose of = each interview.
The involved parties may have an Advisor of their choosing present= during all stages of the reporting, investigating, and adjudication proces= s in a non-participatory role (See <= span>Section 2: Definitions). The interviewer may al= so choose to have a confidential unbiased third party included in the inter= view. Interviews with any witnesses will also be conducted. No unauthorized= audio or video recordings of any kind are permitted during any stage of th= is process, including, without limitation, during the interviews.
If it is necessary to interview witnesses as a part of the investi=
gation process, witnesses can expect preservation of their pri=
vacy, except as otherwise provided in this policy;
Prior to completion of the investigative report, the Title IX Coor= dinator will send to each party and the party=E2=80=99s Advisor, if any, a = copy of the draft investigation report and the evidence obtained as a part = of the investigation that is directly related to the allegations raised in = the Formal Complaint, including the evidence upon which the University does= not intend to rely in reaching a determination regarding responsibility. T= his evidence will also include evidence in support of or against a party=E2= =80=99s position, whether obtained from a party or other source, so that ea= ch party can meaningfully respond to the evidence prior to the conclusion o= f the investigation. The evidence will be provided to each party on the sam= e basis, whether in electronic format or hard copy. The parties will each h= ave 10 calendar days to submit a written response, which the investigator w= ill consider prior to the completion of the investigative report. The parti= es may elect to waive the full 10 days.
Either party may suggest additional witnesses and provide addition= al information after they review the draft investigative report. If additio= nal witnesses or additional information is provided at this time, the Title= IX Investigator will interview the additional witnesses and review the add= itional information.
The Title IX Investigator will consider the responses to the draft= investigative report, if any, and complete an investigative report that, a= t a minimum, sets out all the known facts, the disputed facts, summarizes a= ll relevant evidence, and a list of all parties interviewed. The Title IX I= nvestigator will provide a copy of the report to the Title IX Coordinator, = who then convenes the Title IX Review Panel.
The Title IX Coordinator will provide the final copy of the invest= igative report to each party in the same format at least 10 calendar days p= rior to the Review Panel. Either party may choose to respond to the final r= eport within 10 calendar days from the date of delivery.
The Title IX Investigator and/or the Title IX Coordinator/Deputy T= itle IX Coordinator will meet with the Complainant to review the report. Fo= llowing this meeting, the Title IX Investigator and/or the Title IX Coordin= ator/Deputy Title IX Coordinator will meet with the Respondent to review th= e report.
The Adaptive Resolution process is an optional, private, and confi= dential process. All persons present at any time during the Adaptive Resolu= tion process are expected to maintain the privacy and confidentiality of th= is process and the related proceedings.
Adaptive Resolution is not available to resolve a Formal Complaint= alleging sexual harassment when a University employee is the Respondent.= span>
The parties may elect to pursue Adaptive Resolution at any time af= ter a Formal Complaint is filed and before the Review-Panel proceedings beg= in. Adaptive Resolution may be pursued during intake; before the investigat= ion commences; during the investigation; and after the investigation has co= ncluded. When the parties agree to Adaptive Resolution, the Title IX Coordi= nator will provide the parties with written notice disclosing the allegatio= ns, the requirements of the Adaptive Resolution Process, and the reminders = that Adaptive Resolution will pause the Formal Process and that any party h= as the right to withdraw from the AdaptiveResolution Process and pre-/resum= e the Formal Process at any time.
Adaptive Resolution may occur in three separate scenarios:<= /p>
All parties must consent to the use of Adaptive Resolution, which = involves the mutually agreed upon resolution of an allegation. The Title IX= Coordinator will ultimately decide whether Adaptive Resolution will be pur= sued. In doing so, the Title IX Coordinator will consider objective factors= , such as:
The Title IX Coordinator will maintain the records of any resoluti= on that is reached. Failure to abide by the resolution may result in discip= linary action. Neither party may appeal the outcome of alternative resoluti= on.
The Respondent may accept responsibility for all or part of the al= legations listed in the Formal Complaint at any time. The Respondent=E2=80= =99s intent to accept responsibility for all or part of the allegations wil= l pause the process. The Title IX Coordinator will then determine whether A= daptive Resolution can be used and whether all parties are able to agree on= responsibility, sanctions, and/or remedies. If an agreement is reached, th= e Title IX Coordinator promptly implements the agreed upon finding, sanctio= ns, and remedies to address the harms, needs and obligations created by the= situation (ending the harassment, preventing its recurrence, and remedying= its effects).
The outcome is not subject to appeal. If the parties cannot agree = on the terms of the resolution, the Formal Grievance Process will be initia= ted or will resume at the same point where it was paused.
The Title IX Coordinator, with the consent of the parties, may nav= igate the implementation of an agreement to address and repair the alleged = harm to the extent possible on behalf of both parties and the University, a= nd that is as satisfactory as possible for all involved. The outcome = of an Adaptive Resolution Agreement may not appealed and the case is closed= .
Following the submission of the final investigative report, the Ti= tle IX Coordinator will convene the Title IX Review Panel, unless the Forma= l Complaint is otherwise resolved through Adaptive Resolution. The Review P= anel consists of the Review Panel chair and two additional EMU employees (o= ne faculty member and one staff member) who have received Title IX training= and training specifically related to the Relationship Violence and Sexual = Misconduct Policy and its procedures. The Title IX Coordinator and the Titl= e IX Investigator will also attend the Review Panel meeting in order to ans= wer questions and provide clarifications. The Review Panel process is consi= stent with the University=E2=80=99s faith-based and religious-based princip= les rooted in the Anabaptist-Mennonite Christian tradition, including those= principles of community, peacemaking, accountability, and discipleship (Se= e EMU and the Mennonite Faith Tradition= , Life Together: Commitments for a Com= munity of Learning, Mission, Visi= on, Values).
The Complainant and the Respondent will be simultaneously notified= of the composition of the Review Panel by the Title IX Coordinator and hav= e the right to raise any conflicts of interest.
The Review Panel process provides each party an objective evaluati= on of all relevant evidence. The Review Panel will not make credibility det= erminations based on a person=E2=80=99s status as a complainant, respondent= , or witness. The Review Panel will meet separately with the Complainant an= d the Respondent. An advisor may attend the Review Panel but may not partic= ipate in the panel process. Either the Complainant and/or the Respond= ent may choose not to attend the Review Panel. The Review Panel will procee= d regardless.
The chair of the Review Panel will inform all persons present that= the proceedings are being recorded for reference purposes only. The record= ing will be destroyed at the conclusion of the case, after the deadline for= and/or completion of an appeal process, and will be available to each part= y for inspection and review during the Appeals Board process, if applicable= .
Prior to the Review Panel proceeding, the Complainant and/or the R= espondent may submit relevant questions and follow-up questions for the Rev= iew Panel to consider asking the other party or witnesses as a form of cros= s-examination or other questioning. Review panel members may also ask their= own relevant and follow-up questions to the Complainant, the Respondent, a= nd/or witnesses during their separate Review Panel proceedings. Only releva= nt questions may be asked of a party or witness.
Questions and evidence about the Complainant=E2=80=99s sexual pred= isposition or prior sexual behavior are not relevant, unless such questions= and evidence about the Complainant=E2=80=99s prior sexual behavior are off= ered to prove that someone other than the Respondent committed the conduct = alleged by the Complainant, or if the questions and evidence concern specif= ic incidents about the Complainant=E2=80=99s prior sexual behavior with res= pect to the Respondent and are offered to prove consent. If the Chair decid= es that a question submitted by either party is not relevant, the Chair mus= t explain to the party the decision to exclude a question as not relevant.<= /span>
Evidence gathered during the investigation will also be available = for each party to access during the Review Panel proceedings.
The Complainant and/or the Respondent may also request to give tes= timony to the Review Panel during their separate Review Panel hearings. If = a party or witness does not submit to questioning by the Review Panel, the = Review Panel must not rely on any statement of that party or witness in rea= ching a determination regarding responsibility; provided, however, that the= Review Panel cannot draw an inference about the determination regarding re= sponsibility based solely on a party=E2=80=99s or witness=E2=80=99s absence= from the Review Panel proceeding.
The Review Panel will make a finding to determine whether or not a= violation of the Relationship Violence and Sexual Misconduct Policy has oc= curred. This finding will be based on the standard of proof known as the pr= eponderance of evidence. The Review Panel will make this determination base= d on the findings outlined in the final investigative report and the testim= ony heard.
At the conclusion of the Review Panel, the Review Panel chair will= prepare a written summary of the proceedings. This documentation will incl= ude:
The Review Panel chair will deliver the panel summary to the Title= IX Coordinator, who will provide the written determination to the parties = simultaneously. The determination regarding responsibility becomes final ei= ther on the date that the University provides the parties with the written = determination of the appeal, if an appeal is filed, or the date on which an= appeal would no longer be considered timely, if an appeal is not filed.
In the case of dismissal, suspension or withdrawal while under inv= estigation, notification will be sent to the parent/legal guardian(s), to t= he CARE Team, care of the Dean of Students (Harrisonburg campus) or the dep= uty Title IX Coordinator at the Lancaster (PA) site, in order to coordinate= in a confidential manner with various offices on campus (University Regist= rar, Financial Aid, etc.).
If the outcome of the Review Panel proceeding results in a determi= nation of responsibility, by a preponderance of the evidence, the Review Pa= nel will decide between a number of different outcomes for the Respondent(s= ).
A Formal Complaint may result in one or more of the following poss= ible sanctions, based on the facts of the case and the considerations liste= d above:
A prominent notation will be placed on the Respondent= =E2=80=99s academic transcript if the Respondent<= /span> is suspended from, permanently dismissed from, or withdraws fr= om the University while under investigation for an offense involving sexual= harassment, as required by Virginia state law. In complia= nce with Virg= inia state law, a notation can be removed from a student= =E2=80=99s academic transcript if the student takes the actions identified = in Virginia Code 23.1-900C as calling for such removal.
If the outcome of the Review Panel proceeding results in a determi= nation of responsibility, remedies will be provided to the Complainant. Rem= edies must be designed to restore or preserve equal access to the Universit= y=E2=80=99s education programs or activities. Such remedies may include the= same individualized services provided as Supportive Measures; however, rem= edies need not be non-disciplinary or non-punitive and need not avoid burde= ning the Respondent.
If the Complainant or Respondent does not agree with the findings = and/or the outcomes, they may appeal the result to the Appeal Board. The ap= peal must be submitted in writing within three (3) business days following = notification and should be directed to the Title IX Coordinator who will di= rect the appeal to the Appeal Board chair. Reasons for an appeal must be cl= early stated and based on one of the following:
The Title IX Coordinator will simultaneously notify each party in = writing within three (3) business days of the appeal when an appeal is file= d. The Title IX Coordinator will then convene the Appeals Board, which will= not consist of the same person(s) as the Review Panel.
The Appeals Board chair will review the reason for appeal to deter= mine if it meets the above criteria. If the determination is made that it d= oes not meet one of the above criteria, the request for appeal will be reje= cted and the chair of the Appeals Board will notify the requesting party th= at no appeal may be made. If the request for appeal does meet one of the ab= ove criteria, the Appeals Board chair will notify the parties in writing of= the following:
The Complainant and the Respondent may respond to the disclosure o= f information or new evidence by contacting the Appeals Board chair within = two (2) business days.
Following this two (2) business day response period, the Appeals B= oard will review the request for an appeal and the corresponding response o= r additional information offered by any party in addition to the final inve= stigative report, the written summary of the Review Panel, and the appeal l= etter and will make a decision to either uphold or modify the outcome of th= e Review Panel.
The Appeals Board consists of the Appeals Board chair and two addi= tional EMU employees (one faculty member and one staff member) who have rec= eived training related to Title IX and EMU=E2=80=99s RVSM Policy and its pr= ocedures. The Title IX Coordinator and the Title IX Investigator will also = attend the Appeals Board meeting in order to answer questions and provide c= larifications.
The Appeals Board chair will prepare a letter reflecting the Appea= ls Board=E2=80=99s decision of the appeal and the rationale for the result.= The Title IX Coordinator will simultaneously provide the Complainant and t= he Respondent a copy of the letter of Appeals Board determination. The deci= sion of the Appeals Board is final.
At any time during the reporting, investigation, review, or appeal= s process, the Complainant, Respondent, witness(es), Title IX Coordinator, = Deputy Title IX Coordinator(s), Title IX Investigator, Review Panel members= , or Appeals Board members may raise conflict of interest or bias concerns.=
In cases where the Complainant, Respondent, and/or witness(es) are= related to or in close relationship with faculty, staff, or other employee= s of the University, or in cases where there is reason to believe that the = investigation may not be impartial if completed internally, an outside inve= stigator will be retained. Conflicts of interest will be evaluated by= the Title IX Coordinator or designee. It is a requirement under this= policy that any individual designated by the University as a Title IX Coor= dinator, Deputy Title IX Coordinator, investigator, Review Panel member, Ap= peals Board member, any other decision-makers, or any other person investig= ating, reviewing, or facilitating an Adaptive Resolution of a Formal Compla= int not have a conflict of interest or bias for or against complainants or = respondents generally, or the parties specific to a Formal Complaint.
The University will provide and require the Title IX Coordinator, = Deputy Title IX Coordinator, HR Director, investigators, Review Panel membe= rs, Appeal Board members, any other decision-makers, and any other person i= nvestigating, reviewing, or facilitating an Adaptive Resolution of a Formal= Complaint have had relevant training, to include training on the following= , as applicable to their role in the process:
Any materials used for training purposes must not rely on sex ster= eotypes and must promote impartial investigations and adjudications of Form= al Complaints.