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Eastern Mennonite University prohibits harassment of, and discrimination against any and all EMU community members. This policy applies to students who are registered or enrolled in credit- or non-credit-bearing coursework (students); all university University employees, consisting of full-time and part-time faculty and staff, including temporary and adjunct roles (employees); and contractors, vendors, visitors, volunteers, guests , or other third parties (third parties) on any EMU campus or site.

This policy pertains to acts of sexual harassment, relationship violence and , sexual misconduct or , and other forms of prohibited conduct that may be based on sex or gender and are committed by or against students, employees, and third parties . (See Section 4: Conduct Prohibited Under This Policy)

This policy applies when:

1. The conduct occurs on university University property or other property owned or controlled by the universityUniversity;
2. The conduct occurs in the context of a university University employment or educational program or activity including, but not limited to, universityUniversity-sponsored cross-culturals, research, online, or internship/practicum programs;
3. The conduct occurs off-campus but is likely to have a substantial adverse effect on a member of the EMU community; or
4. The conduct occurs outside the context of a university University employment or educational program or activity but has continuing adverse effects on, or has the propensity to create a hostile environment for students, employees, or third parties while on university University property, other property owned or controlled by the universityUniversity, or in any university University employment or education program/activity.

1. ; or
2. The Complainant must be participating in or attempting to participate in EMU’s education programs or activities.

Supportive Measures may be available to the Complainant(s) in the event that a report does not fall within any of the above criteria.

3.1. NOTICE OF NON-DISCRIMINATION

The university University is committed to maintaining an environment free from harassment and discrimination for everyone. EMU does not discriminate on the basis of race, sex, national origin, religion, sexual orientation, gender identity or expression, or any other protected status in any of its education or employment programs and activities. This policy prohibits specific forms of behavior that may violate Title IX of the Education Amendments of 1972 (Title IX); relevant provisions of the Violence Against Women Reauthorization Act of 2013 (VAWA); Title VII of the Civil Rights Act of 1964 (Title VII); the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act); and corresponding state laws and regulations in Virginia, Pennsylvania, and Washington, DC.   

The university The University recognizes that it is important to coordinate this policy with other existing policies related to conduct, harassment and discrimination, knowing that sex discrimination can occur in conjunction with discrimination and misconduct or harassment related to a person’s race, ethnicity, national origin, religion, age, disability, and/or other protected status, as well as other prohibited misconduct. Reports that include both sex discriminition discrimination and discrimination related to another protected status other prohibited discrimination, harassment, or misconduct may be adjudicated under this policy and any university policies related to the related University policies, including those pertaining to other protected status(es) (for example, EMU’s bias policy). Questions about which policy applies in a specific instance should be directed to the Title IX coordinator.

This policy covers sexual harassment, relationship violence and sexual , sexual misconduct, and other prohibited misconduct. Employees should seek further information regarding equal opportunity, disability, harassment, discrimination, and retaliation that is not based on sex or gender discrimination with the director Director of human resources Human Resources at (540) 432-4148 or hr@emu.edu.

3.2. BIAS

Bias is prejudice in favor of or against one thing, person, or group compared with another, usually in a way considered to be unfair. EMU makes every effort to recognize and mitigate the impacts of bias. The university University strongly encourages all parties involved to identify, name, and work to address the various forms of bias that may impact the campus community.   

3.3. CONFLICT OF INTEREST

Conflict of interest means that a person may have the potential to undermine the impartiality of a process due to the possibility of a conflict between the person’s self-interest and/or professional or public interest. The university University makes every effort to identify and prevent conflicts of interest at any and every level. Should a conflict of interest be identified, the university University will identify and utilize alternative (up to and including external) resources.

3.4. PRIVACY AND CONFIDENTIALITY

The university University is committed to protecting the privacy of all individuals involved in the investigation and resolution of a report under this policy. The university University will provide assistance to help students, employees, and third parties make informed choices. With respect to any report under this policy, the university University will make reasonable efforts to protect the privacy of participants, in accordance with applicable state and federal law, while balancing the need to gather information to assess the report and to take steps to eliminate the sexual harassment, relationship violence, sexual misconduct, and sexual other misconduct; prevent its recurrence; and remedy its effects. Privacy and confidentiality have distinct meanings under this policy.

3.4.1. PRIVACY

Privacy means that information related to a report of sexual harassment, relationship violence, sexual misconduct, or other forms of conduct prohibited under this policy will be shared with a limited circle of university University employees who have a legitimate need to assist in the assessment, investigation, and adjudication of the report. All employees who are involved in the university’s University’s response to reports of sexual harassment, relationship violence, sexual misconduct, or other forms of conduct prohibited under this policy receive guidance about sharing and safeguarding and must comply with practices that safeguard private information in accordance with federal and state law.

Further, the university will privately maintain any accommodations or protective measures provided to the reporting or responding party(s) to the extent that maintaining such privacy would not impair the university’s ability to provide the accommodations or protective measures.

The privacy of student education records will be protected in accordance with the Family Educational Rights and Privacy Act (FERPA).  All documentation related to a student’s report, investigation, and resolution are protected by FERPA and will not be released, except as required by law. Non-identifying information about a report will be shared with Campus Safety and Security to comply with the Clery Act. All publicly available record keeping, including those required under Clery such as the daily crime log, annual security report, and timely warnings, are maintained without the inclusion of personally identifiable information about reporting parties. . In addition, any person involved in a case of sexual harassment, relationship violence, sexual misconduct, and/or any other form of conduct prohibited under this policy may request that their directory information on file be removed from public sources by contacting the Title IX coordinator Coordinator at titleixcoordinator@emu.edu or by calling 540-432-4849.

The privacy of an individual’s medical and related records is generally protected by the Health Insurance Portability and Accountability Act (HIPAA), except health records protected by FERPA and by Virginia’s Health Records Privacy Act, Va. Code § 32.1-127.1:03. Access to an employee’s personnel records may be restricted in accordance with the Virginia Freedom of Information Act (FOIA).The university respects the privacy interests of students and employees. Information reported to the Title IX coordinator will only be shared with the university officials who will assist in responding, investigating, and/or resolving a report. The university will document non-identifying information in the campus incident log as required by the Clery Act. Should the university determine there is a serious or imminent threat, a timely warning notice will be shared with the community.also be restricted.

3.4.2. CONFIDENTIALITY  CONFIDENTIALITY  

Confidentiality means that information shared by an individual with designated confidential campus or community professionals Confidential Employees cannot be revealed to any other individual without the express permission of the disclosing party. The university University has designated groups of individuals who can have privileged communications as confidential employees Confidential Employees and are therefore exempt from reporting incidents of relationship violence, sexual misconduct, and/or other forms of conduct prohibited under this policy that are disclosed to them while they are serving in particular confidential roles.

Disclosures must occur when confidential employees are which occur while Confidential Employees are acting in their role as a confidential employee in order for the disclosure to Confidential Employee will remain confidential.  Disclosures that occur when the confidential employee Confidential Employee is not acting in this official capacity must be reported on the Campus Safety Incident and Care Reporting Form or directly to the Title IX coordinatorCoordinator.

Confidential employees Employees, which include licensed mental health clinicians, auxiliary staff working in Counseling Services, licensed medical health professionals, and licensed/credentialed campus pastors acting in their roles, are prohibited from breaching confidentiality unless there is an imminent threat of harm to self or others or the disclosure is otherwise legally required or is expressly permitted by the disclosing party. Non-personally identifying, aggregate data will be shared with EMU by confidential employees Confidential Employees for statistical purposes consistent with the Clery Act. 

The following classifications of individuals are confidential employees under university policy when serving in these official capacities:

1. Licensed mental health clinicians and those working in auxiliary roles within EMU’s Counseling Services.  Mental health clinicians licensed by the state in which they practice and those clinicians in training whose official university responsibilities include providing mental health counseling to members of the campus community.
2. Medical health professionals who are registered with the state in which they practice with the and whose official university responsibilities include providing health services to members of the campus community.
3. Pastors who are licensed and/or credentialed and whose official university responsibilities are to provide pastoral services to members of the university community.For example, students may disclose sexual abuse to a pastor who is their faculty member. If this disclosure is received in the context of the pastor’s role as a faculty member, the incident must be reported.

The university University will document non-identifying information in the campus incident log as required by the Clery Act. Should the university determine there is a serious or imminent threat, a timely warning notice will be shared with the campus community.

The University will also honor the confidentiality of any Supportive Measures provided to the Complainant(s) and the Respondent(s), to the extent that maintaining such privacy does not impair the University’s ability to provide the Supportive Measures.

3.5. EMPLOYEE REPORTING RESPONSIBILITIES   RESPONSIBILITIES   

Title IX uses the concept of notice, and imposes obligations for a “prompt and effective remedy” on colleges and universities when notice of sex and/or gender discrimination or harassment is given to a responsible employee. A school has notice if a responsible employee knew, or in the exercise of reasonable care should have known, about the harassment. A responsible employee is every faculty, staff, and volunteer on campus who works with students or minors (with the exception of the confidential employees named above).All responsible employees an official with authority. An Official with Authority (“OWA”) means an EMU employee who is explicitly vested with the responsibility to implement corrective measures for harassment, discrimination, and/or retaliation on behalf of EMU.  The following members of the EMU community are an OWA:

• University President
• Provost
• Associate & Assistant Provost
• Dean of School of Social Sciences & Professions
• Dean of School of Theology, Humanities, & Performing Arts
• Dean of School of Science, Engineering, Art, and Nursing
• Dean of Students
• Director of Human Resources
• Title IX Coordinator
• Director of Athletics
• Student Life Directors
• Deputy Title IX Coordinators

Notice means that an employee, student, or third-party informs the Title IX Coordinator or other OWA of the alleged occurrence of harassing, discriminatory, and/or retaliatory conduct, which includes the sexual harassment, relationship violence, and other sexual misconduct prohibited under this policy. 

All Mandated Reporters must immediately report to the Title IX coordinator any Coordinator any incident of alleged sexual harassment, relationship violence, sexual misconduct, or other forms of conduct prohibited under this policy reported to them or observed by them, including the name of the reporting and the responding party(s)Complainant and Respondent, if known, and all known details. This reporting can be done by calling (540) 432-4849, emailing titleixcoordinator@emu.edu, or completing a campus safety incident form at https://emu.edu/safecampus/. The university EMU Incident Report Form. The University requires everyone in the campus community, including confidential employeesConfidential Employees, to report suspected abuse of children. 

Faculty and staff who receive disclosures through classroom discussions or assignments are not under obligation to report to the Title IX coordinator Coordinator if the intent of the individual was not to seek support services or make an official report to the universityUniversity. The determination as to intent may be made in conversation between the employee and student, and/or in consultation with the Title IX coordinatorCoordinator.

Public awareness events, open forums or disclosures made during formal Institutional Review Board projects are not considered a report of relationship violence, sexual misconduct or notice under this policy and therefore will not initiate the university’s University’s obligation to investigate these particular incident(s). Such events may, however, inform the need for campus-wide education and prevention efforts.

Reporting parties Complainants who wish to make a confidential disclosure have multiple confidential resources Confidential Resources available to them. For a full listing see Appendix FE.

3.6. REQUEST FOR ANONYMITY BY A REPORTING PARTY  

Reporting parties Complainants who experience sexual harassment, relationship violence, sexual misconduct, or other forms of conduct prohibited under this policy may request anonymity, including that their name not be shared with the responding party(s)Respondent, that the responding party(s) Respondent not be notified of the report, and/or that no investigation occur. Where the reporting party(s) requests When the Complainant requests to either the Mandated Reporter or the Title IX Coordinator that their identity not be shared with the responding party(s) Respondent or that the university University not pursue an investigation, the university University will balance this request with the university’s University’s responsibility to provide a safe and non-discriminatory environment for all university University community members as required under the Clery Act.The university, through the Title IX coordinator, will take all reasonable steps to investigate and respond to the report consistent with the request not to share identifying information or pursue an investigation, but their ability to do so may be limited. If the reporting party wants to tell the Title IX coordinator what happened, but also wants to maintain anonymity, the Title IX coordinator will tell the reporting party that the university will consider the request but cannot guarantee anonymity. Requests for anonymity are balanced against the following factorsConsideration of requests for anonymity will take the following dynamics into account: 

1. The respective ages and roles of the reporting Complainant and the responding partiesRespondent;
2. Whether there have been other reports of sexual harassment, relationship violence, sexual misconduct, or other forms of conduct prohibited under this policy involving the responding party(s)Respondent;
3. Whether the circumstances suggest there is a risk of the responding party(s) Respondent committing additional acts of sexual harassment, relationship violence, sexual misconduct, or other forms of conduct prohibited under this policy;
4. Whether the responding party(s) Respondent has a history of arrests or records indicating a history of violence;
5. Whether the report indicates the responding party(s) Respondent has threatened further sexual violence or other violence against the reporting party(s) Complainant and other individuals involved;
6. Whether the reported conduct was committed by multiple individuals;
7. Whether the circumstances suggest there is a risk of future acts of sexual harassment, relationship violence, sexual misconduct, or other forms of conduct prohibited under this policy under similar circumstances;
8. Whether the reported conduct was perpetrated with a weapon;
9. Whether the university University possesses other means to obtain relevant evidence (e.g., security cameras or security personnel, physical evidence).

Where the university is unable to act consistent with the request of the reporting party(s), the Title IX coordinator will inform the reporting party(s) about the chosen course of action, which may include the university seeking disciplinary action against the responding party(s). Alternatively, the course of action may also include steps to eliminate the effects of the relationship violence, sexual misconduct, or other forms of conduct prohibited under this policy and prevent its recurrence that do not involve formal disciplinary action against a responding party(s) or revealing the identity of the reporting party(s).

Where the university determines that it must move forward with an investigation despite a reporting party’s request for anonymity, the university will notify the reporting party(s) and will make reasonable efforts to protect the privacy of the reporting party(s) to the extent possible. However, certain actions that may be required as part of the university’s response, including an investigation and disciplinary resolution, will involve speaking with the responding party(s) and others who may have relevant information, in which case the responding party’s identity may have to be disclosed only to those The Complainant’s request for anonymity and allegations of misconduct will be communicated to the University via the EMU RVSM Complaint Form reviewed and to the extent possible honored, while giving consideration to an assessment of the underlying allegation(s) and to determine if Supportive Measures can be provided while honoring such a request. Anonymous complaints typically limit the University’s availability to investigate, respond, and provide remedies, depending on what information is shared. When the University is unable to act consistent with the Complainant(s) request for anonymity, the Title IX Coordinator will inform the Complainant(s).

As a part of the University’s response to a Formal Complaint, the Complainant’s identity will be disclosed to the Respondent(s) and other individuals who need to know in order to protect the safety of the campus community. In such cases, the university University will notify the reporting party(s) Complainant that it intends to move forward with its grievance process, including an investigation, but in no event will the reporting partyComplainant(s) be required to participate in any such actions undertaken by the universityUniversity.