Relationship Violence and Sexual Misconduct Policy
Section 1: Introduction
1.1 Introduction
Eastern Mennonite University (“EMU” or “the University”) is committed to establishing and maintaining a community rich in equality and free from all forms of discrimination and harassment. Sexual harassment, relationship violence, and other forms of sexual misconduct are prohibited at EMU. The University will take prompt and equitable action to eliminate sexual harassment, relationship violence, and other sexual misconduct and prevent its recurrence. When the conduct has a propensity to create a hostile, manipulative, or coercive environment on campus, the University obligates itself to respond in support of all parties involved, the campus community, and others who have been impacted. The University strives to achieve this by ensuring the safety of those who have been harmed and holding accountable those who have done harm, consistent with its mission, values, and Life Together commitment.
1.2 Title IX of the Education Amendments of 1972
The University does not discriminate in its admissions practices except as permitted by law, in its employment practices, or in its educational programs or activities on the basis of sex. As a recipient of federal financial assistance for education activities, the University is required by Title IX of the Education Amendments of 1972 to ensure that all of its education programs and activities do not discriminate on the basis of sex. Discrimination on the basis of sex includes discrimination on the basis of sex stereotypes, gender identity, gender expression, sexual orientation, and pregnancy or related conditions.
The University has obligations under Title IX to provide certain support and modifications to people experiencing pregnancy or related conditions in order to ensure their equal access to the University’s educational program or activity. For example, the University must treat pregnancy or related conditions in the same manner and under the same policies as any other temporary medical conditions and must allow voluntary leaves of absence. Students, employees, or applicants should contact the Title IX Coordinator for more information. Employees or applicants may also contact Human Resources for more information, because additional workplace laws and policies apply.
Pregnancy or related conditions include pregnancy, childbirth, termination of pregnancy, lactation; medical conditions related to pregnancy, childbirth, termination of pregnancy, or lactation; and recovery from pregnancy, childbirth, termination of pregnancy, lactation, or related medical conditions.
The University also prohibits retaliation against any person opposing sex discrimination or participating in any sex discrimination investigation or complaint process, whether internal or external to the institution. Sex-based harassment, sexual assault, dating and domestic violence, and stalking are forms of sex discrimination, which are prohibited under Title IX and by EMU policy.
1.3 Application of Section 504/Americans with Disabilities Act to this Policy
In both practice and policy, the University adheres to the requirements of the Americans with Disabilities Act of 1990, as amended 2008 (ADAAA); Sections 504 and 508 of the Rehabilitation Act of 1973, as amended; and all other federal and state laws and regulations prohibiting discrimination on the basis of disability. The University is committed to providing individuals with disabilities equal access and opportunity, and strives in its policies and practices to provide for the full participation of individuals with disabilities in all aspects of University life.
Parties may request reasonable accommodations for disclosed disabilities to the Title IX Coordinator at any point relating to the implementation of this policy, including making a disclosure or report, and initiating a resolution procedure. Accommodations will be granted if they are appropriate and do not fundamentally alter the process. The Title IX Coordinator will not affirmatively provide disability accommodations that have not been specifically requested by the parties, even where the parties may be receiving accommodations in other University programs and activities. With the consent of the impacted student or employee, the Title IX Coordinator will work collaboratively with the Office of Academic Success to ensure that approved reasonable accommodations (disability-related) are honored as applicable throughout any process related to this policy.
1.4 Purpose of Policy
The purpose of this Relationship Violence and Sexual Misconduct Policy is to define sexual harassment, relationship violence, and sexual misconduct, describe the process for reporting alleged violations of this policy, outline the procedures used to investigate and resolve alleged policy violations, and identify the resources available to members of the EMU community who are involved in such reports.
In order to establish and maintain a campus community that values the dignity of all, this policy and resolution procedure commits the University to:
Identify the forms of sexual harassment, relationship violence and sexual misconduct that violate this policy;
Disseminate clear policies and procedures for responding to sexual harassment, relationship violence, sexual misconduct, and other forms of conduct prohibited under this policy that are reported to the University;
Develop an ongoing coordinated effort for delivering prevention and awareness programs and ongoing training and education programs (see Appendix D: Training and Prevention Education). This will be done so that students, faculty, and staff:
May identify what behavior constitutes sexual harassment, relationship violence, and sexual misconduct; and
Understand how to report such misconduct;
Engage in investigative inquiry and resolution of reports in a reliable, impartial, prompt, and equitable way;
Support those who have been harmed and hold persons accountable for established violations of this policy; and
Provide a written explanation of the rights and options for the process, supportive measures, process accommodations, and confidential services and community resources available to every student or employee that has experienced sexual harassment, relationship violence and/or sexual misconduct, regardless of when or where the conduct occurred (Appendix B).
In addition, this policy:
Identifies and describes the various roles of the University’s Title IX Coordinator, deputy Title IX Coordinators, Investigators, and Review Board;
Identifies how students, faculty, and staff can report sexual harassment, relationship violence, sexual misconduct, or other forms of conduct prohibited under this policy to the University, confidentially;
Identifies access to on- and off-campus resources available to Complainant(s) and Respondent(s), including the right to notify local law enforcement, be assisted in that notification, and/or decline to notify such authorities; and
Provides the University with a means to take all reasonable steps to identify sexual harassment, relationship violence, and sexual misconduct, support prevention of its recurrence, and repair the harmful effects to the Complainant, as appropriate.
Revised January 2025, in compliance with the Department of Education’s Title IX Final Rule as effective August 14, 2020
Section 2: Definitions
2.1 Definitions
The following terms are used throughout the course of this policy. Definitions of specific acts and behaviors related to sexual harassment, relationship violence, and sexual misconduct can be found in Section 4 of the policy.
2.1.1 ADVISOR
The Complainant and the Respondent may each choose to be accompanied by an Advisor during any part of the process outlined in this policy. An Advisor may not contribute any information or comments during Informal or Formal proceedings but may consult privately with the party they are advising at any time during the proceedings, as long as it does not pose undue disruption to the proceedings. An Advisor may not speak on behalf of the Party they are supporting.
The University, in exercising its ability to claim a religious exemption pursuant to Title IX, has exempted itself from the 2020 Title IX regulatory requirement that advisors to ask questions during the hearing.
2.1.2 CLERY ACT
The Clery Act is a consumer protection law that aims to provide clarity around campus crime policy and statistics. The Clery Act requires all post-secondary institutions participating in the Higher Education Act’s (HEA) Title IV student financial assistance programs to disclose campus crime statistics and security information. The Clery Act offers specific rights and options to students and employees who experience sexual assault, domestic violence, dating violence, and/or stalking.
2.1.3 COMPLAINANT
The Complainant is an individual who is alleged to be the victim of conduct that could constitute a violation of this policy, including sexual harassment or retaliation for engaging in a protected activity. The Complainant may be any member of the University community (faculty, staff, or student) who experiences alleged sexual harassment, relationship violence, sexual misconduct, and/or any other conduct prohibited under this policy, even if they themselves do not make the initial report to the University. A Complainant does not have to seek formal disciplinary action to receive the supportive measures outlined for Complainants in this policy.
2.1.4 CONFIDENTIAL EMPLOYEE
Confidential Employees are those employees of EMU who are exempt from reporting incidents of conduct prohibited under this policy that are disclosed to them by students or employees while in particular confidential roles. Confidential Employees include licensed mental health clinicians, auxiliary staff working in Counseling Services, licensed medical health professionals, and licensed/credentialed campus pastors acting in their roles. Disclosures that occur when the Confidential Employee is not acting in their official capacity must be reported.
Confidential Employees 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 for statistical purposes consistent with the Clery Act.
2.1.5 DEPUTY TITLE IX COORDINATOR
On EMU’s Harrisonburg campus, the Deputy Title IX Coordinators fulfill the duties of the Title IX Coordinator when the Title IX Coordinator is unavailable or as the Title IX Coordinator assigns duties to them. At EMU’s Lancaster campus and Washington Community Scholars’ Center site, Deputy Title IX Coordinators serve as the point person for reports of sexual harassment, relationship violence, sexual misconduct, or other forms of conduct prohibited under this policy, and they work with the Title IX Coordinator to meet the needs of the parties involved. Deputy Title IX Coordinators are eligible to serve as members of the Title IX Assessment Team (see definition below).
2.1.6 CAMPUS SECURITY AUTHORITY (CSA)
CSAs are individuals and offices that have a duty under the Clery Act to report certain crimes for inclusion in the institution’s annual security report. The Clery Act is a federal law that requires institutions of higher education to disclose campus security information, including crime statistics, and to ensure certain campus safety policies and procedures are in place.
The primary responsibility of a CSA is to report allegations of Clery Act crimes that they receive to the official or office designated by the institution to collect crime report information. CSAs are not responsible for investigating crimes, determining if a crime took place, or apprehending perpetrators. Their role is to ensure that incidents are reported so that the institution can comply with its Clery Act obligations to disclose accurate and timely crime statistics and security information.
2.1.7 FERPA / FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT
The Family Educational Rights and Privacy Act, 20 U.S.C. Section 1232g; 34 C.F.R. Part 99 , or FERPA, is a federal law designed to protect the privacy of student education records. Under FERPA, universities must receive explicit consent from a student (or a student’s guardian if the student is under age 18) in order to release a student’s education records or personally identifiable information contained therein. FERPA also allows a student (or their guardian, if under age 18) to report and have fixed any inaccuracies in the student’s records.
FERPA protects and prohibits the disclosure of all documentation related to a formal complaint, investigation, and resolution of matters involving sexual harassment, relationship violence, sexual misconduct, and/or other forms of misconduct prohibited under this policy, except as otherwise required or permitted by law.
2.1.8 FORMAL COMPLAINT
A Formal Complaint is a document signed electronically or in hard copy by a Complainant, or signed by the Title IX Coordinator or Deputy Title IX Coordinator, alleging a violation of this policy against a Respondent and requesting that the University investigate the allegation(s). At the time of filing a Formal Complaint, a Complainant must be participating in or attempting to participate in the education program or activity of the University with which the Formal Complaint is filed. A Formal Complaint may be filed with the Title IX Coordinator. A Formal Complaint may alternately be filed in person, by mail, or by electronic mail, or by using the contact information found on the University’s website. When the Title IX Coordinator signs a Formal Complaint, the Title IX Coordinator is not a Complainant or otherwise a party to the complaint.
2.1.9 MANDATED REPORTERS
Every faculty, staff, volunteer, or third party who works with students or minors on campus is a Mandated Reporter. All Mandated Reporters and every person identified as a Campus Security Authority under the Clery Act must immediately report to the Title IX Coordinator any knowledge, notice, and/or reports of sexual harassment, relationship violence, sexual misconduct, or other form of conduct prohibited under this policy reported to them or observed by them, including the name of the Complainant or Respondent, if known, and all other known details. This reporting can be done by calling (540) 432-4849, emailing titleixcoordinator@emu.edu, or completing a Relationship Violence and/or Sexual Misconduct (Title IX) Report form online at https://cm.maxient.com/reporting.php?EasternMennoniteUniv/. The University requires everyone in the campus community, including Confidential Employees, to report the suspected abuse of those under the age of 18.
2.1.10 PREPONDERANCE OF THE EVIDENCE
The Preponderance of the Evidence is the standard of proof used to determine whether a violation of this policy occurred. This is a standard of proof in which the totality of the evidence offered in support of a fact is greater or more convincing than the evidence that is offered in opposition to it. In other words, the Preponderance of the Evidence suggests that, with the totality of the available information, the reported version of events is more likely than not to have occurred. Preponderance of the Evidence is understood to require more than 50 percent certainty to determine responsibility for violating this policy.
2.1.11 RESPONDENT
A Respondent is an individual who has been reported to be responsible for conduct that could constitute a violation of this policy, including sexual harassment or retaliation for engaging in a protected activity. A Respondent may be any member of the University community (current faculty, staff, students and contracted third parties) who is alleged to have carried out an incident of sexual harassment, relationship violence, sexual misconduct, or any other conduct prohibited under this policy.
2.1.12 SUPPORTIVE MEASURES
Supportive measures are the non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the Complainant or the Respondent before or after the filing of a Formal Complaint or where no Formal Complaint has been filed. Such measures are designed to restore or preserve equal access to the University’s education program or activity without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the University’s educational environment, or deter sexual harassment.
The University will maintain as confidential any Supportive Measures provided to the Complainant or Respondent, to the extent that maintaining such confidentiality would not impair EMU’s ability to provide Supportive Measures. The Title IX Coordinator is responsible for coordinating the effective implementation of Supportive Measures which may include, for example, removal from campus housing, the issuance of a no contact order (see Section 8.2.5.1), or adjustment of class schedule. The Title IX Coordinator will work in conjunction with Dean of Students for coordination of supportive measures for students, and in partnership with Human Resources for coordination of supportive measures for employees.
2.1.13 THIRD PARTY
A third party is any person on campus that is not directly employed by the University but is contracted to provide services to the University community. For example, employees of Pioneer Catering, EMU’s bookstore, and construction workers are third parties on campus. Third parties are considered Mandated Reporters and must disclose any sexual harassment, relationship violence, sexual misconduct, or other form of conduct prohibited under this policy reported to them or observed by them to the University.
2.1.14 TIMELY WARNING
A timely warning is a warning required by the Clery Act that alerts the 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. In cases of sexual harassment, relationship violence, sexual misconduct, or other forms of conduct prohibited under this policy, the Title IX safety team will meet to determine the need for a timely warning. 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 according to Virginia state law .
2.1.15 TITLE IX SAFETY TEAM
The Title IX Safety Team is composed of the Title IX Coordinator, the Coordinator of Campus Safety and Security, and the head of the Student Life Division. The Title IX Safety Team receives all electronic Campus Safety Incident Form submissions. After a report is received, the Safety Team will determine the need for administrative leave (in the 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’s Attorney and local law enforcement, and will, if deemed necessary make those notifications. In cases involving an employee, the Director of Human Resources will also be consulted.
2.1.16 TITLE IX
Title IX is a federal law that prohibits sex discrimination in educational institutions that receive federal funding. Under Title IX , no person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance.
2.1.17 TITLE IX ASSESSMENT TEAM
The Title IX Assessment Team consists of the Title IX Coordinator and one or more Deputy Title IX Coordinators, identified by the Title IX Coordinator for assistance according to their primary role in the University system. The Title IX Assessment Team will include the Director of Human Resources when an employee is involved in a report. The Title IX Assessment team reviews formal complaints, including dismissals, and supports formal complaints through resolution processes and oversight of outcomes/sanctions.See Appendix A, Section A.3.3.2 for more information.
2.1.18 TITLE IX COORDINATOR
The Title IX Coordinator is responsible for overseeing and coordinating the resolution of all reports of sex discrimination covered by this policy, and identifying and addressing any patterns or systemic concerns that arise during the review of such reports at EMU. The coordinator’s responsibilities include oversight of a prompt, fair, equitable investigation and resolution process for reports of sexual harassment, relationship violence, sexual misconduct, or other forms of conduct prohibited under this policy. The Title IX Coordinator also evaluates trends on campus by using information reported to them and makes recommendations for campus-wide training and education programs and other remedial actions designed to eliminate sexual harassment, relationship violence and sexual misconduct, prevent its recurrence, and address its effects.
In addition to the Title IX Coordinators core responsibilities, additional services to the University community include working with campus resources to provide ongoing training to new and current students, faculty, and staff on Title IX issues and procedures. The University will ensure that Mandated Reporters know how to respond appropriately to reports of prohibited conduct, that they are obligated to report sexual harassment, relationship violence, sexual misconduct, or other forms of conduct prohibited under this policy to the Title IX Coordinator, and that all employees understand how to respond to such reports.
Obligations in this policy assigned to a particular title, such as the Title IX Coordinator, may be designated as appropriate by the University, including to external professionals.
Title IX Coordinator: 540-432-4849; titleixcoordinator@emu.edu
2.1.19 COORDINATOR FOR CAMPUS RESPONSE
The lead Deputy Title IX Coordinator (Coordinator for Campus Response) is responsible for case management support to facilitate Title IX reporting, appropriate case documentation, and campus training for processes across Title IX and CARE Team. This position serves to ensure students' success by facilitating, through nonclinical interventions, referrals, support, advocacy, and follow-up services in collaboration with other University departments or individuals, community agencies, parents/guardians, and stakeholders in the students' success. The Response Coordinator will directly collaborate with the Title IX Coordinator, the CARE Team, Student Life departments, Campus Safety, Human Resources and other campus partners to achieve divisional goals and priorities.
2.1.20 TITLE IX INVESTIGATOR
Title IX Investigators serve as designees for the Title IX Coordinator to carry out the investigation of cases and prepare a written investigation report. Title IX Investigators conduct thorough and impartial investigations of a Formal Complaint, including interviewing the Complainant(s), the Respondent(s), witnesses, or others who may have relevant information, and collecting any other evidence deemed relevant to a case. Title IX Investigators may be internal or external to the University.
2.1.21 TITLE VII
Title VII of the Civil Rights Act of 1964 is a federal law that prohibits employers from discriminating against employees on the basis of sex, race, color, national origin, and religion. Particularly of relevance to this policy are the prohibitions that Title VII establishes towards sex-based discrimination, including discrimination on the basis of pregnancy, childbirth, related medical conditions, or sexual harassment in the workplace carried out by either the institution or other coworkers.
Section 3: Scope of Policy
3.1 NOTICE OF NON-DISCRIMINATION
The 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 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 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 discrimination and other prohibited discrimination, harassment, or misconduct may be adjudicated under this policy and any 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, sexual misconduct, and other prohibited misconduct that is based on sex, gender, and/or sexuality. 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 of 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 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 makes every effort to identify and prevent conflicts of interest at any and every level. Should a conflict of interest be identified, the University will identify and utilize alternative (up to and including external) resources.
3.4 PRIVACY AND CONFIDENTIALITY
The University is committed to protecting the privacy of all individuals involved in the investigation and resolution of a report under this policy. The University will provide assistance to help students, employees, and third parties make informed choices. With respect to any report under this policy, the 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 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 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 response to reports of sexual harassment, relationship violence, sexual misconduct, or other forms of conduct prohibited under this policy receive guidance and must comply with practices that safeguard private information in accordance with federal and state law.
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. 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 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 also be restricted.
3.4.2 CONFIDENTIALITY
Confidentiality means that information shared by an individual with Confidential Employees cannot be revealed to any other individual without the express permission of the disclosing party. The University has designated groups of individuals who can have privileged communications as Confidential Employees and are therefore exempt from reporting incidents prohibited under this policy that are disclosed to them while they are serving in particular confidential roles.
Disclosures which occur while Confidential Employees are acting in their role as a Confidential Employee will remain confidential. Disclosures that occur when the Confidential Employee is not acting in this official capacity must be reported on EMU’s Safety and Care Reporting Form, or by completing the EMU RVSM Reporting Form or directly to the Title IX Coordinator.
Confidential 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 for statistical purposes consistent with the Clery Act.
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 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
Title IX uses the concept of notice, and imposes obligations for a “prompt and effective remedy” on universities when notice of sex and/or gender-based discrimination or harassment is given to an official with authority.
3.5.1 Officials 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 considered to be an OWA:
University President
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.
3.5.2 Mandated Reporters
All Mandated Reporters must immediately report to the Title IX 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 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 ’s Safety and Care Reporting Form, or by completing the EMU RVSM Reporting Form. The University requires everyone in the campus community, including Confidential 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 if the intent of the individual was not to seek support services or make an official report to the University. The determination as to intent may be made in conversation between the employee and student, and/or in consultation with the Title IX Coordinator.
Public awareness events, open forums or disclosures made during formal Institutional Review Board projects are not considered a report or notice under this policy and therefore will not initiate the University’s obligation to investigate these particular incident(s). Such events may, however, inform the need for campus-wide education and prevention efforts.
Complainants who wish to make a confidential disclosure have multiple Confidential Resources available to them. For a full listing see Appendix E.
3.6. REQUEST FOR ANONYMITY BY A REPORTING PARTY
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 Respondent, that the Respondent not be notified of the report, and/or that no investigation occur. When the Complainant requests to either the Mandated Reporter or the Title IX Coordinator that their identity not be shared with the Respondent or that the University not pursue an investigation, the University will balance this request with the University’s responsibility to provide a safe and non-discriminatory environment for all University community members as required under the Clery Act.
Consideration of requests for anonymity will take the following dynamics into account:
The respective ages and roles of the Complainant and the Respondent;
Whether there have been other reports of sexual harassment, relationship violence, sexual misconduct, or other forms of conduct prohibited under this policy involving the Respondent;
Whether the circumstances suggest there is a risk of the Respondent committing additional acts of sexual harassment, relationship violence, sexual misconduct, or other forms of conduct prohibited under this policy;
Whether the Respondent has a history of arrests or records indicating a history of violence;
Whether the report indicates the Respondent has threatened further sexual violence or other violence against the Complainant and other individuals involved;
Whether the reported conduct was committed by multiple individuals;
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;
Whether the reported conduct was perpetrated with a weapon;
Whether the University possesses other means to obtain relevant evidence (e.g., security cameras or security personnel, physical evidence).
The Complainant’s request for anonymity and allegations of misconduct should be communicated to the University via the Safety and Care Reporting Form, or by completing the EMU RVSM Reporting Form. Forms will be 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 reports 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). This includes, but is not limited to, circumstances where the Title IX Coordinator files a formal complaint.
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 will notify the Complainant that it intends to move forward with its grievance process, including an investigation, but in no event will the Complainant(s) be required to participate in any such actions undertaken by the University.
The University prohibits the following forms of conduct under this policy no matter where the behavior occurs, whether in person or online.
Section 4: Prohibited Conduct
4.1 TITLE IX SEXUAL HARASSMENT
Title IX Sexual Harassment means conduct on the basis of sex that satisfies one or more of the following:
An employee of the University conditioning the provision of an aid, benefit, or service of the University on an individual’s participation in unwelcome sexual conduct (“quid pro quo sexual harassment”);
Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the University’s education program or activity (“hostile environment sexual harassment”); or
Sexual Assault, Domestic Violence, Dating Violence, or Stalking, defined as:
Sexual Assault includes the sex offenses of Rape, Sodomy, Sexual Assault with an Object, Fondling, Incest, and Statutory Rape. The University’s definition of Sexual Assault is mandated by federal regulations implementing Title IX of the Education Amendments of 1972. Those regulations require the University to adopt a definition of “Sexual Assault” that incorporates various forcible and non-forcible sex crimes as defined by the FBI’s Uniform Crime Reporting System; see 34 C.F.R. § 106.30(a).
Rape is the carnal knowledge of a person, without the consent of the complainant, including instances where the complainant is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacity. There is “carnal knowledge” if there is the slightest penetration of the vagina or penis by the sexual organ of the other person. Attempted Rape is included.
Sodomy is oral or anal sexual intercourse with another person, without the consent of the complainant, including instances where the complainant is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacity.
Sexual Assault with an Object is using an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, without the consent of the complainant, including instances where the complainant is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacity. An “object” or “instrument” is anything used by the respondent other than the respondent’s genitalia.
Fondling is the touching of the private body parts of another person (buttocks, groin, breasts) for the purpose of sexual gratification, without the consent of the complainant, including instances where the complainant is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacity.
Incest is sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by state law.
Statutory Rape is sexual intercourse with a person who is under the statutory age of consent as defined by state law.
Domestic Violence is a felony or misdemeanor crime of violence committed: (1) By a current or former spouse or intimate partner of the complainant; (2) By a person with whom the complainant shares a child in common; (3) By a person who is cohabitating with, or has cohabitated with, the complainant as a spouse or intimate partner; (4) By a person similarly situated to a spouse of the complainant under the domestic or family violence laws as defined by state law; (5) By any other person against an adult or youth complainant who is protected from that person’s acts under the domestic or family violence laws of the state of Virginia. (6) Note: The relationship between the respondent and complainant must be more than just two people living together to qualify as Domestic Violence.
Dating Violence is violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the complainant. The existence of such a relationship shall be determined based on the complainant’s statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between persons involved in the relationship. For the purposes of this definition: (1) Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse; (2) Dating violence does not include acts covered under the definition of domestic violence.
Stalking is engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for their own safety or the safety of others or to suffer substantial emotional distress. For the purposes of this definition: (1) Course of conduct means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property. (2) Reasonable person means a reasonable person under similar circumstances and with similar identities to the complainant. (3) Substantial emotional distress means significant mental suffering or anguish that may but does not necessarily require medical or other professional treatment or counseling.
4.2 Other Prohibited Conduct
This policy prohibits other sex and gender-based misconduct which may not fall under the definitions of Title IX but which are still unacceptable for members of the EMU community. These violations are broadly grouped as “other prohibited conduct” for the purposes of the RVSM policy.
4.2.1 RELATIONSHIP VIOLENCE
Relationship violence is a broad term used by EMU to categorize types of violence, threats, coercion, or intimidation, other than sexual harassment, that occurs in the context of an intimate relationship, often including emotional, psychological, physical, or fiscal abuse, which results in a hostile environment. An incident of relationship violence can consist of a single act or a pattern of acts. Incidents of relationship violence can occur separate from or in tandem with incidents of sexual misconduct and/or sexual harassment.
4.2.2 SEXUAL MISCONDUCT
This policy prohibits sexual misconduct, which is defined to include other forms of misconduct, on the basis of sex, that is not within the definition of sexual harassment. Sexual misconduct encompasses sexual exploitation, indecent exposure, and sexual discrimination (definitions provided below). Sexual misconduct may occur through physical violence, the threat of violence, and/or coercion.
An incident of sexual misconduct can consist of a single act or a pattern of acts. Incidents of sexual misconduct can occur separate from or in tandem with incidents of relationship violence.
4.2.3 SEXUAL EXPLOITATION
Sexual exploitation is purposely or knowingly doing any of the following:
Causing the impairment or incapacitation of another person (through alcohol, drugs, or any other means) for the purpose of compromising that person’s ability to give affirmative consent to sexual activity;
Allowing third parties to observe sexual activity from a hidden location (e.g., a closet) or through electronic means (e.g., live-streaming of images);
Engaging in voyeurism (e.g., watching private sexual activity without the consent of the participants or viewing another person’s private body parts in a place where that person would have a reasonable expectation of privacy);
Recording or photographing sexual activity and/or a person’s private body parts (including genitalia, groin, breasts, or buttocks) without affirmative consent;
Disseminating or posting images of private sexual activity and/or a person’s private body parts (including genitalia, groin, breasts, or buttocks) without affirmative consent;
Prostituting oneself or another person.
4.2.4 SEXUAL DISCRIMINATION
Sexual discrimination is defined as discrimination, on the basis of sex, in the form of unwelcome and harassing conduct that results in a hostile environment. Sexual discrimination includes unwelcome sexual advances, unwelcome requests for sexual favors, or other unwelcome behavior of a sexual nature.
4.2.5 INDECENT EXPOSURE
Indecent exposure occurs when a University employee, student, or vendor purposely and knowingly exposes their sexual organs to the Complainant without the Complainant’s consent.
4.2.6 GENDER-BASED HARASSMENT
Gender-based harassment includes harassment based on gender, sexual orientation, gender identity, or gender expression that may include acts of aggression, intimidation, or hostility, whether verbal or non-verbal, graphic, physical, or otherwise, even if the acts do not involve conduct of a sexual nature, when the conditions outlined below are present:
Submission to, or rejection of, such conduct is made, either explicitly or implicitly, a term or condition of a person’s employment, academic standing, or participation in any University programs and/or activities (quid pro quo harassment); or
Submission to or rejection of such conduct is used as the basis for University decisions affecting the individual (quid pro quo harassment); or
Conduct that creates a hostile environment.
4.2.7 RETALIATION
Retaliation is the prohibited conduct of the University or any member of the EMU community to intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by law or this policy, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under this policy. Intimidation, threats, coercion, or discrimination, including charges against an individual for code of conduct violations that do not involve sex discrimination or sex harassment, but arise out of the same facts or circumstances as a report or formal complaint under this policy, for the purpose of interfering with any right or privilege secured by this policy constitutes retaliation.
4.2.8 HOSTILE ENVIRONMENT
A hostile environment is created when unwelcome conduct of a sexual or gender-based nature unreasonably interferes with, limits, or effectively denies an individual’s ability to participate in or benefit from their employment or educational program/activity, or creates an intimidating, threatening or abusive employment, educational, and/or living environment. It will be necessary, but not enough, that the conduct was unwelcome to the person who was harassed. The University will also need to find that a reasonable person in the individual’s position would have perceived the conduct as undesirable or offensive in order for that conduct to create or contribute to a hostile environment. To make the ultimate determination of whether a hostile environment exists for an individual, the University considers a variety of factors, including:
The type, frequency, and duration of the conduct;
The identity and relationships of persons involved;
The number of individuals involved;
The location of the conduct and the context in which it occurred; and,
The degree to which the conduct affected one or more student’s education or employee’s employment.
A hostile environment results from harassing verbal, written, graphic, or physical conduct that is severe or pervasive and objectively offensive. A single, isolated incident of sexual or gender-based harassment may, based on the facts and circumstances, be sufficient to create a hostile environment. Likewise, a series of incidents, whether occurring close in time or not to each other, may be sufficient to create a hostile environment, even if each incident is not particularly severe.
4.2.9 COMPLICITY
Complicity is any act taken with the purpose of aiding, facilitating, protecting, promoting, or encouraging the commission of an act of relationship violence, sexual misconduct, sexual harassment, or other forms of conduct prohibited under this policy by another person.
Anyone who is Complicit in any of the prohibited acts outlined in this policy will be in violation of this policy and will be subject to disciplinary action.
4.3 VIOLATIONS OF LAW
Behavior that violates this policy may also constitute a crime under the laws of the jurisdiction in which the incident occurred. For example, the Commonwealth of Virginia criminalizes and punishes some forms of sexual assault, intimate partner violence, sexual exploitation, stalking, and physical assault. The criminal statutes that may apply in cases of physical assault and intimate partner violence are found in various sections of Chapter 4, Articles 1 (Homicide) and 4 (Assaults and Bodily Woundings), of Title 18.2 of the Code of Virginia. The criminal statutes relating to sexual assault are found in Sections 18.2-61 to 18.2-67.10 of the Code of Virginia. Section 18.2-60.3 of the Code of Virginia defines and identifies the penalty for criminal stalking. Finally, Sections 18.2-386.1 and 18.2-386.2 of the Code of Virginia provide for criminal penalties in some cases of sexual exploitation.
This compilation of criminal statutes is not exhaustive, but is offered to notify the University community that some forms of conduct prohibited under this policy may also constitute crimes under Virginia, Pennsylvania and the District of Columbia law, which may subject a person to criminal prosecution and punishment in addition to any sanctions under this policy.
Section 5: Consent
CONSENT
Consent is the standard to which EMU holds its students and employees. Consent refers to permission to engage in sexual activity that is:
Informed, meaning knowingly given by both parties;
Voluntary, meaning freely given, not forced or coerced; and
Active, meaning that through the demonstration of clear words or actions, a person has indicated permission to engage in mutually agreed-upon sexual activity.
In the context of this definition, sexual activity is defined as sexual intercourse and/or sexual contact.
Nonconsensual sexual contact refers to sexual contact that is enacted upon one party by another party without the person(s) committing the act having obtained affirmative consent.
A person who wants to engage in a specific sexual activity is responsible for obtaining consent for that activity from the other party. Lack of protest does not constitute consent. Lack of resistance does not constitute consent. Silence and/or passivity also do not constitute consent. Relying solely on non-verbal communication before or during sexual activity can lead to misunderstanding and may result in a violation of this policy.
It is important not to make assumptions about whether a potential partner is consenting. In order to avoid confusion or ambiguity, participants must talk with one another before and during engaging in sexual activity in order to ensure that the activity is and remains consensual. If confusion or ambiguity (including emotional and/or physical freezing) arises during sexual activity, participants are encouraged to stop and clarify a mutual willingness to continue that activity.
5.1 FORCE
Consent cannot be obtained by force. Force includes the use of physical violence, threats, manipulation, intimidation, and/or coercion.
Physical violence means that a person is exerting control over another person through the use of physical force. Examples of physical violence include but are not limited to hitting, punching, slapping, kicking, restraining, choking, and brandishing or using any weapon.
Threats are words or actions that would compel a reasonable person to engage in unwanted sexual activity. Examples include, but are not limited to, threats to harm a person or their loved ones physically, to reveal private information to harm a person’s reputation, or to cause a person professional, academic, or economic harm.
Intimidation is an implied threat that menaces or causes reasonable fear in another person. A person’s size alone does not constitute intimidation; however, a person’s size may be used in a way that constitutes intimidation (e.g., blocking access to an exit).
5.2 Coercion
Coercion is the use of pressure to compel another individual to initiate, engage in, or continue sexual activity against that individual’s will. Coercion can include a wide range of behaviors, including intimidation, manipulation, threats, and blackmail. A person’s words or conduct are sufficient to constitute coercion if they wrongfully impair another individual’s freedom of will and ability to choose whether or not to engage in sexual activity.
In evaluating whether coercion was used, the University will consider the frequency of the application of the pressure, the intensity of the pressure, the degree of isolation of the person being pressured, the duration of the pressure, and the power differential between parties.
5.3 INCAPACITATION
Consent cannot be gained by taking advantage of the incapacitation of another, when the person initiating sexual activity knew or reasonably should have known that the other was incapacitated.
Incapacitation occurs when someone cannot make rational, reasonable decisions because they lack the capacity to give knowing and informed consent (e.g., to understand the “who, what, when, where, why, and how” of their sexual interaction). A person who is incapacitated is unable, temporarily or permanently, to give consent because of mental or physical helplessness, sleep, unconsciousness, or lack of awareness that sexual activity is taking place. A person may be incapacitated as a result of the consumption of alcohol or other drugs, or due to a temporary or permanent physical or mental health condition.
Under this Policy, the University will consider whether a Respondent knew or should have known the Complainant to be incapacitated, based on an objective, reasonable person standard that assumes the reasonable person is both sober and exercising sound judgment.
5.3.1 Incapacitation and the Use of Drugs or Alcohol
Incapacitation may result from the use of alcohol and/or drugs. Incapacitation is a state beyond drunkenness or intoxication. Warning signs that a person may be approaching incapacitation can include, but are not limited to, the following:
Slurred speech
Vomiting
Unsteady gait
Combativeness
Emotional volatility
Fainting or loss of consciousness
Incapacitation as a result of the consumption of alcohol and/or drugs impairs decision-making abilities, diminishes awareness of consequences, compromises one’s ability to make informed judgments, and limits one’s capacity to understand the implications and consequences of an act. It is not possible for a party to obtain consent from someone who is incapacitated. It is not possible for someone who is incapacitated to give consent. If there is any doubt as to the level or extent of an individual’s intoxication or impairment, sexual activity should not be initiated or should be immediately stopped.
In evaluating consent and in cases of alleged incapacitation, the University asks two questions: (1) did the person initiating sexual activity know that the other party was incapacitated? and if not, (2) should a sober, reasonable person in the same situation have known that the other party was incapacitated? If the answer to either of these questions is “yes,” consent was absent, and the conduct was a violation of this policy. Being intoxicated or under the influence of drugs will not automatically mean that a Party is incapacitated.
5.4 OBTAINING CONSENT
Consent to one form of sexual activity does not, by itself, constitute consent to another form of sexual activity. For example, one should not presume that consent to oral-genital contact constitutes consent to vaginal or anal penetration. Consent to sexual activity on a prior occasion does not, by itself, constitute consent to future sexual activity. In cases of prior relationships, the manner and nature of prior communications between the parties and the context of the relationship may have a bearing on the presence of consent.
Consent may be withdrawn at any time. An individual who seeks to withdraw consent must communicate, through clear words or actions, a decision to cease the sexual activity. Once consent is withdrawn, the sexual activity must cease immediately.
5.4.1 AFFIRMATIVE CONSENT
Affirmative consent is the standard to which EMU holds its students and employees. Affirmative consent refers to consent to engage in sexual activity that is:
informed, meaning knowingly given by both parties;
voluntary, meaning freely given, not forced or coerced; and
active, meaning that through the demonstration of clear words or actions, a person has indicated permission to engage in mutually agreed-upon sexual activity.
5.4.1.1 OBTAINING AFFIRMATIVE CONSENT
Affirmative consent to one form of sexual activity does not, by itself, constitute affirmative consent to another form of sexual activity. For example, one should not presume that affirmative consent to oral-genital contact constitutes affirmative consent to vaginal or anal penetration. Affirmative consent to sexual activity on a prior occasion does not, by itself, constitute affirmative consent to future sexual activity. In cases of prior relationships, the manner and nature of prior communications between the parties and the context of the relationship may have a bearing on the presence of affirmative consent.
Affirmative consent may be withdrawn at any time. An individual who seeks to withdraw affirmative consent must communicate, through clear words or actions, a decision to cease the sexual activity. Once affirmative consent is withdrawn, the sexual activity must cease immediately.
Section 6: Consensual Relationships
6 CONSENSUAL RELATIONSHIPS
A “Consensual Relationship,” as that term is used in this policy, is one in which two members of the University community are engaged by mutual consent in a romantic or sexual relationship. When such a relationship involves people who differ in power within the University community, it is of special concern because of the potential for conflict of interest and/or abuse of power. Decisions that must be made free from bias or favor may come under question when made by a person who may benefit from or be harmed by the decisions.
The mere appearance of bias resulting from a consensual relationship may seriously disrupt the academic or work environment. Equally important, such relationships have the potential to undermine our sense of community, mutual trust, and support. Furthermore, even when initially consensual, such relationships can evolve in ways that are unwelcome, disruptive, and even harassing.
For these reasons, the University has adopted the following policy with respect to consensual relationships and placed all employees on notice that the University views consensual relationships between University community members, especially when a power relationship exists, as unwise and of high risk, particularly when students are involved.
The University prohibits consensual relationships between employees where a reporting relationship exists. The University strongly discourages consensual relationships between employees where there is a difference in power such that it creates an appearance of a conflict of interest and/or impropriety, even if no direct reporting relationship exists. In situations involving such prohibited or discouraged behavior, the University reserves the discretion to determine when a violation exists and to respond as it deems appropriate in its sole discretion, including but not limited to transferring employees, rearranging reporting arrangements, or taking other action, including disciplinary action, to remedy any situation deemed inappropriate.
The University prohibits consensual relationships between an employee and any student enrolled at the University.
6.1 EMPLOYEE-TO-EMPLOYEE CONSENSUAL RELATIONSHIPS
If an employee is engaged in a romantic or sexual relationship with another employee whom they supervise, evaluate, advise, or have other authority over, it is that individual’s professional responsibility to inform the Director of Human Resources immediately to discuss and assess the situation with the parties to determine whether it is appropriate to make changes to the advisory, evaluative, or supervisory relationship. Information disclosed in these discussions shall be treated as confidential, and disclosure to others shall be made only on a need-to-know basis.
The Director of Human Resources will then report the relationship to the Title IX Coordinator; they will then conduct a review for any possible conflict of interest. The Title IX Coordinator and the Director of Human Resources will make the determination whether there is a substantive power differential or conflict of interest within the relationship and to determine appropriate next steps. Information disclosed in these discussions shall be treated as confidential and disclosure to others shall be made only on a need-to-know basis.
In the event an employee is found to have engaged in a romantic or sexual relationship with someone whom they supervised, evaluated, or advised, or had other authority, and the Director of Human Resources was not advised of the existence of the relationship, disciplinary action will be taken, up to and including termination.
Please see the employee handbook, section “Employment of Family Members Policy,” for additional information.
6.2 EMPLOYEE-TO-STUDENT CONSENSUAL RELATIONSHIPS
An employee who engages in a consensual relationship with any student enrolled at the University will be subject to appropriate discipline, up to and including termination of employment.
If a relationship between a student and employee is discovered, it should be immediately reported to the Director of Human Resources. The Director of Human Resources will then report the relationship to the Title IX Coordinator. The Director of Human Resources and the Title IX Coordinator will then review the reported relationship and make a determination regarding the appropriate University response.
Information disclosed in these discussions shall be treated as confidential and disclosure to others shall be made only on a need-to-know basis.
Section 7: Reporting
EMPLOYEE REPORTING OBLIGATIONS
With the exception of Confidential Employees (see Section 2: Definitions, Confidential Employee), all University Campus Security Authorities, employees, including faculty, staff, administrators, and contracted third parties are required to share with the Title IX Coordinator any report of Prohibited Conduct about which they become aware.
As outlined in the Privacy and Confidentiality section (Section 3.4) of this policy, 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 EMU community.
The Title IX Coordinator will ensure that the University responds to all reports in a timely, fair, effective, and consistent manner. To accomplish this, the Title IX Coordinator may consult with members of the Title IX Assessment Team and others, as applicable.
The University will approach each report with the intent to understand the perspective and experiences of each individual involved to ensure fair and impartial evaluation and resolution. The University will also take every effort to ensure the safety of the campus community when evaluating and assessing Prohibited Conduct.
7.1 CAMPUS SAFETY INCIDENT REPORTS
A report is a notification of Prohibited Conduct to the Title IX Coordinator by any person. Reports should be filed on EMU’s Safety and Care Reporting Form, or by completing the EMU RVSM Reporting Form. Alternatively, a report may be made by contacting the Title IX Coordinator directly, 540-432-4849 or titleixcoordinator@emu.edu. Reports may be specified as a request for resources or information, a request for no further action, or a request to initiate an investigation.
The University will work cooperatively and equitably to ensure that the Complainant’s and Respondent’s health, physical safety, work, and academic status are protected, by offering Supportive Measures at any time during the process.
The procedures set forth below afford a prompt and equitable response to reports of Prohibited Conduct, as well as maintain privacy and fairness consistent with applicable legal requirements and EMU’s guiding principles, values, and mission (see also our Life Together Commitment), and hold responsible those who violate this policy, thereby harming others.
The University will complete an adequate, reliable, equitable, and impartial response to reports that are made in good faith and will uphold the rights of all parties. In instances of conflicts of interest between the Title IX or Deputy Title IX Coordinators, investigators, Complainant, and/or Respondent, an outside third party investigator will be contracted to conduct the investigation.
Anonymous reports are also accepted and should be directed to the Title IX Coordinator. The University will respond promptly and equitably to anonymous reports, but the response may be limited if the report does not include identifying information and/or a description of the facts and circumstances of alleged misconduct. Anonymous reports that provide enough information to constitute certain criminal offenses will be reported to Campus Safety and Security for purposes of inclusion in the University’s annual security report and to assess whether the University should send a timely warning notice as required by the Clery Act.
7.1.1 CAMPUS REPORTING OPTIONS
Campus reporting options include:
Title IX Coordinator: 540-432-4849, titleixcoordinator@emu.edu
Campus Safety Incident Form: https://emu.edu/safecampus/
Campus Security (Harrisonburg campus): 540-432-4911
Coordinator for Campus Response: 540-432-4133; venissa.white@emu.edu; Student Life Suite UC
Deputy Coordinator Harrisonburg: 540-432-4489; carrie.bert@emu.edu
Deputy Coordinator Harrisonburg HR: stephanie.mason@emu.edu
Deputy Coordinator Lancaster: 717-690-8605; darla.shober@emu.edu
Deputy Coordinator DC: ann.butwell@emu.edu
All faculty and staff members, who are considered Mandated Reporters
7.2 REPORTING TO LAW ENFORCEMENT
In addition to a University response, EMU supports the Complainant’s option to make a police report and pursue criminal action for incidents of conduct prohibited by this Policy that may also be crimes under local criminal statutes. EMU also respects the Complainant’s right to decline to file criminal charges.
A Complainant may simultaneously pursue criminal action and the University processes under this policy. The University will support Complainants in understanding and assessing their reporting options and assist in notifying law enforcement authorities if a Complainant so chooses. Upon receipt of a report, the University will provide written notification to individuals of their right to file (or decline to file) criminal charges as well as the availability of medical, counseling, and support services (see Appendix B). Making a report to the University does not require participation in any subsequent University proceedings, nor is a report required for a Complainant to receive Supportive Measures.
Note that definitions of local criminal law may differ from those used in this policy, which adheres to Clery Act definitions and definitions required by the US Department of Education. The University also adjudicates cases under this policy according to the standard of proof known as Preponderance of the Evidence (see Section 2 for definitions); while criminal processes use the Beyond a Reasonable Doubt standard of proof. These differing standards of proof may result in different outcomes for the same case when adjudicated under this policy and under local criminal laws.
Complainants may call 911 immediately in the event of an assault or in any other emergency. Complainants may also choose to file (or not to file) criminal charges at that time.
7.3 PRESERVATION OF EVIDENCE
Preserving evidence to support the claims filed in a report and responding to a report is particularly helpful in order to assist in achieving the preponderance of evidence. In matters involving alleged sexual assault, if possible, the Complainant(s) should refrain from bathing, showering, using the restroom, changing clothes, combing hair, or cleaning up the area before reporting the assault in order to preserve evidence.
In instances of sexual assault, domestic violence, dating violence, intimate partner violence, or any other instances of sexual or physical abuse, the Complainant(s) may opt to have a Physical Evidence Recovery Kit (PERK kit) collected. A PERK kit can be collected by a Sexual Assault Nurse Examiner (SANE nurse) at a local hospital for free. The cost of a PERK exam and any related medication is paid for by the Commonwealth of Virginia. In Pennsylvania, Lancaster General Hospital Emergency Department can facilitate emergency care. In the District of Columbia, MedStar Washington Hospital Center can be accessed.
A Complainant may choose not to notify law enforcement or file a police report but may still have a PERK kit collected. PERK kits from Complainants who elect not to file a report with law enforcement are known as Anonymous Physical Evidence Recovery Kits and will be stored for two years, although the holding facility, the Complainant, or the law enforcement agency may elect for the kit to be retained for a longer period.
7.4 REPORTING CONSIDERATIONS
7.4.1 TIMELINESS OF REPORT, LOCATION OF INCIDENT
The University encourages prompt reporting of Prohibited Conduct so that the University can respond promptly and equitably. However, the University does not limit the timeframe for reporting. Delayed reporting will not be considered as a factor when assessing the preponderance of the evidence. If the Complainant is not affiliated with the University or is no longer affiliated with the University at the time the report is made, the University will provide reasonably appropriate Supportive Measures, assist the Complainant in identifying external reporting options, and take other reasonable steps to respond.
7.5 PERSONAL USE OF ALCOHOL AND/OR DRUGS
The University seeks to remove any barriers to reporting and will offer Complainant(s), a third party, and/or a witness who reports Prohibited Conduct amnesty for violations related to the University’s alcohol or other drugs policy. The University may choose, however, to recommend educational or therapeutic remedies in certain situations.
This policy does not grant immunity for criminal, civil, or legal consequences for violations of federal, state, and/or local laws.
7.6 STATEMENT AGAINST RETALIATION
As stated in Section 4.5, retaliation is a violation of this policy and can take many forms, may be committed by or against an individual or group, and may be committed toward the Complainant by the Respondent and vice versa. An individual reporting Prohibited Conduct is entitled to protection from any form of retaliation following a report made in good faith, even if the report is not later substantiated.
7.7 FALSE REPORTING
The allegation of Prohibited Conduct may have severe consequences and therefore the University takes very seriously the validity of reported information. An individual who makes a report that is later found to have been intentionally false or made maliciously without regard for the truth may be subject to disciplinary action. This provision does not apply to reports made in good faith, even if the facts alleged in the report are not substantiated by an investigation. Similarly, a party or witness who is later proven to have intentionally given false information during the course of an investigation or resolution may be subject to disciplinary action.
7.8 REPORTS INVOLVING MINORS
Complainants under the age of 18 that file a report with police may be deemed a child in need of services and the appropriate authorities will decide whether to pursue charges. If a parent or guardian of a minor refuses to consent to a physical evidence recovery kit (PERK) examination of the minor, the minor may consent on their own behalf. Any person, even those listed as Confidential Employees, is required by law to report the abuse and neglect against anyone under the age of 18.
7.9 RESOLUTION PROCEDURES
The specific procedures for reporting, filing a formal complaint, and resolving concerns of conduct prohibited by this Policy are based upon the nature of the Respondent’s relationship to the University (student, employee, or third party). Each set of procedures referenced below is guided by the same principles of fairness and respect for Complainant and Respondent, consistent with the University’s Life Together Commitment, history, mission, and values.
A student or employee determined by the University to have committed an act of Prohibited Conduct is subject to disciplinary action, up to and including separation from the University.
The procedures provide for prompt and equitable response to reports of Prohibited Conduct. The procedures designate specific timeframes for major stages of the process. They also provide for thorough and impartial investigations that afford all parties notice and an opportunity to present witnesses and evidence and to view the information that will be used in determining whether a policy violation has occurred.
Please see Appendix A for resolution procedures.
Section 8: Resources and Supportive Measures
8.1 RESOURCES
Resources are available to all EMU students and employees, whether they have filed a report using the EMU RVSM Reporting Form, made a report to the Title IX Coordinator or a Mandated Reporter in another way, filed a Formal Complaint, or have otherwise sought support directly through various Confidential Employees on campus, including but not limited to the Survivor Advocate.
8.1.1 EMU COUNSELING SERVICES
EMU Counseling Services are available for direct service free of charge to all EMU students at the main campus. Off campus or online program faculty, staff, or students are able to consult with an EMU counselor via email or phone to locate resources or assistance in their own geographic area.
In collaboration with EMU's Health Services, a licensed psychiatrist is available once a month on campus for additional mental health services.
EMU Counseling Services is able to provide recommendations for off-campus counseling, therapy, and mental health services for EMU staff and for EMU students who do not wish to use on-campus counseling services. Please contact EMU Counseling Services at 540-432-4317 or counselingservices@emu.edu for information.
8.1.2 HEALTH SERVICES
8.1.2.1 EMU Health Services
EMU’s Health Services is available to all current students, faculty and staff.
EMU’s Health Services can provide referrals to local health specialists in the Harrisonburg area, including: Orthopedics, GI, dermatologists, etc.
To contact EMU’s Health Services please call (540) 432-4308, email healthservices@emu.edu, or stop by their office in the University Commons, Room 240 (upstairs) through the Student Life Suite.
8.1.2.2 Sentara RMH Medical Center
Harrisonburg’s main hospital, Sentara RMH Medical Center, is located at 2010 Health Campus Dr. Harrisonburg, VA 22801. In an emergency, please dial 911. To contact the hospital in a non-emergency situation, call 540-689-1000. The Sentara RMH emergency room is open 24 hours a day, 7 days a week. PERK kits (see Section 2 and Section 7.4) are collected in the Sentara RMH Medical Center.
8.1.2.3 Valley Urgent Care
Valley Urgent Care & Occupational Medicine is committed to providing a safe and
inclusive environment free from sexual violence. If you have experienced sexual assault or violence, VUC offers resources, care, and support. We encourage you to seek help as soon as possible. Seeking care early will also help preserve evidence in case legal action is desired in the future. Our primary concern is caring for the survivors of sexual assault. We recognize that all situations are different, and our care is driven by the survivor, with care decisions being made in consultation and agreement with the survivor.
Phone- 540-434-5709
Website https://valleyurgentcareva.com/sexual-assault/
Address- 1921 Medical Avenue Harrisonburg, VA 22801
8.1.3 SEXUAL ASSAULT, DOMESTIC VIOLENCE, & CRISIS SERVICES
8.1.3.1 Collins Center
The Collins Center provides sexual assault and crisis services to the Harrisonburg community. Located at 217 S. Liberty St. Harrisonburg, the Collins Center provides a trained sexual assault crisis advocate who offers support and information at the hospital and assistance when reporting a sexual assault to the police (if reporting to the police is desired).
The Collins Center also provides short-term crisis support sessions, support groups, court advocacy and accompaniment, child advocacy, professional therapists with trauma-specific training, and information and referrals for other support services.
In a non-emergency situation, contact the Collins Center at 540-432-6430. In a crisis situation, contact the Collins Center’s 24-hour sexual assault crisis hotline at 540-434-2272. The crisis hotline is staffed 24/7 by a trained Collins Center employee.
8.1.3.2 First Step
First Step provides domestic and dating violence survivor services to the Harrisonburg community, including a 24/7 crisis hotline, safety planning, emergency shelter, support groups, court accompaniment, legal advocacy, financial empowerment, children’s support and advocacy, and referrals.
Contact First Step at any time at 540-434-0295. If you are in immediate danger, dial 911 and local law enforcement can assist you in accessing First Step services after addressing your immediate safety needs.
8.1.4 SECURITY AND LAW ENFORCEMENT SERVICES
8.1.4.1 EMU Office of Campus Safety & Security
EMU provides 24-hour security services to the Harrisonburg campus. From 8am-4pm Monday-Friday, EMU Coordinator of Campus Safety and Security, Dave Emswiler, or his designee, responds to safety and security incidents. EMU contracts with Admiral Security to provide non-sworn security officers from 4pm-8am on weekdays and 24 hours a day on Saturdays and Sundays.
In an emergency situation, please dial 911. In a non-emergency situation, EMU safety personnel can be reached 24/7 at 540-432-4911.
8.1.4.2 Harrisonburg Police Department
The Harrisonburg Police Department has jurisdiction for the investigation and enforcement of all state and local criminal laws on EMU’s Harrisonburg campus. The Harrisonburg Police Department can investigate any reported sexual assault or other forcible sexual offense on EMU’s Harrisonburg campus, in or on a non-campus building or property of EMU Harrisonburg, or on public property near EMU Harrisonburg.
Those who experience an incident of sexual violence can choose to:
Allow the local police department to investigate the allegation of sexual assault or other violation of this policy;
Press civil or criminal charges if an instance of unlawful activity has occurred;
Provide details of the incident even in cases where the act being reported is not unlawful under federal or state law;
Decline to have the local police department investigate the incident; or
Determine at a later date to press charges, if permission for an investigation was granted at the time of the incident.
In an emergency situation, please dial 911. In a non-emergency situation, contact:
Harrisonburg campus: Violent Crimes Against Women Detective Aaron Dove, major crimes unit, 540-437-2646, or the Harrisonburg Police Department switchboard at 540-434-4436.
Lancaster campus: City of Lancaster Bureau of Police, 717-664-1180 (non-emergency)
Washington DC campus: DC Metro Police, 202-727-9099
8.2 SUPPORTIVE MEASURES
EMU offers the following Supportive Measures, and others as appropriate, to all student and employee Complainants, regardless of whether a Formal Complaint has been filed. In the event that a Formal Complaint is filed, EMU will also offer the following Supportive Measures, and others as appropriate, to the Respondent.
EMU will take every measure to protect the privacy of those seeking Supportive Measures. Personal information will only be shared with those essential to making decisions about and enacting Supportive Measures. Those who are requesting Supportive Measures will always be notified before personally identifying information is shared for the purpose of arranging requested Supportive Measures.
8.2.1 ACADEMIC ACCOMMODATIONS
As part of resolution processes, the Title IX Coordinator will work with (a) representative(s) of the EMU CARE Team and/or individual faculty members to change or make academic accommodations to the Complainant’s or Respondent’s course schedule if the request is made in writing and if the accommodation requests are reasonably available.
Student and staff requests for academic accommodations can be sent to the Title IX Coordinator, titleixcoordinator@emu.edu.
8.2.2 LIVING ACCOMMODATIONS
As part of resolution processes, the Title IX Coordinator will work with residence life staff to change or make accommodations to the Complainant’s or Respondent’s living arrangements if the request is made in writing and if the accommodation requests are reasonably available. Requests for living accommodations can be sent to the Title IX Coordinator, titleixcoordinator@emu.edu.
8.2.3 TRANSPORTATION ACCOMMODATIONS
As part of resolution processes, the Title IX Coordinator will work with appropriate authorities to change or make accommodations to the transportation arrangements for the Complainant or Respondent if the request is made in writing and if the accommodation requests are reasonably available.
Student and staff requests for transportation accommodations can be sent to the Title IX Coordinator, titleixcoordinator@emu.edu.
8.2.4 WORKING ACCOMMODATIONS
As part of resolution processes, the Title IX Coordinator will work with the Complainant’s or Respondent’s supervisor to change or make accommodations to the Complainant’s or Respondent’s work arrangement if the request is made in writing and if the accommodation requests are reasonably available.
Student and staff requests for working accommodations can be sent to the Title IX Coordinator, titleixcoordinator@emu.edu.
8.2.5 PROTECTIVE ORDERS
8.2.5.1 EMU No Contact Orders
Complainants and Respondents each have the right to request a No Contact Order that restricts contact between the Complainant and the Respondent on EMU’s campus. Students and staff should initiate the request for a No Contact Order with the Title IX Coordinator, titleixcoordinator@emu.edu.
The Title IX Coordinator will work with the Coordinator of Campus Safety and Security to issue a No Contact Order from EMU's Office of Campus Safety and Security. No Contact Orders will be enforced by Campus Safety and Security.
Violations of a No Contact Order should be reported immediately to Campus Safety officials, for immediate response, who will then consult the Title IX Coordinator regarding the reported violation. The Title IX Coordinator will then determine appropriate next steps in response to the reported violation. Violations of a No Contact Order will either be responded to by processes as outlined in this Policy or through the Student Code of Conduct, based on assessment and determination by the Title IX Coordinator and in collaboration with the Dean of Students or Human Resources offices.
8.2.5.2 No Trespass Orders
A No Trespass Order may be issued to an individual not affiliated with the University whose conduct is determined to present a threat or danger to University property, self, or any member of the University community, or whose behavior disrupts the University’s educational, working, and living environment.
A No Trespass Order prohibits a person from entering or remaining on EMU property and is issued by Campus Safety officials. A No Trespass Order prohibits an individual from being on the University campus and entering any University-owned buildings. Violations of a No Trespass Order should be reported promptly to Campus Safety, who will report a violation to the Harrisonburg Police Department.
The issuance of a No Trespass Order is offered through the University and in conjunction with Virginia Section 18.2-119.
8.2.5.3 Court Order of Protection
Protective orders may be requested from a local judge or magistrate at the Harrisonburg Court House. (53 Court Square, Harrisonburg). The following protective orders are available:
Emergency protective order: Emergency protective orders can be put in place for up to 72 hours
Preliminary protective order: Preliminary protective orders are put in place for 15 days
Full protective order: Full protective orders extend up to two years
In Virginia, persons who wish to have a court-ordered protective order put in place must go before either the local magistrate or a local judge and make a case that they are fearful of harm, violence, or the threat of violence. More information is available from the Virginia Court System. In Pennsylvania, persons who wish to have a court-ordered protective order put in place should go to the local courthouse. In Washington DC, persons who wish to have a court-ordered protective order put in place should visit a domestic violence intake center.
Court advocates are available through the Collins Center to attend and assist with Protective Orders, including emergency, preliminary, full orders.
8.3 WRITTEN NOTIFICATION OF AVAILABLE RESOURCES
Written notification about existing counseling, health, mental health, victim advocacy, legal assistance, and other services that may be available, both within the institution and in the community, are available from the Title IX Coordinator. Written notification of these resources will be provided to all Complainants in response to a report received by the Title IX Coordinator and to all Respondents upon receipt of a Formal Complaint.
Written notification about available options for, assistance in, and how to request changes to academic, living, transportation, on campus employment situations, and/or protective measures is available to anyone who experiences an incident of Prohibited Conduct whether or not the incident is reported. Written notification of these accommodations will be provided to all Complainants upon receipt of a report by the Title IX Coordinator and to all Respondents upon receipt of a Formal Complaint.