An individual who believes that he or she has been subjected to sexual harassment may submit a written formal complaint setting forth all pertinent facts to the Title IX Coordinator who will assign a Title IX investigator to review the facts presented. The individual, if they are a faculty member, may also request that a copy of the complaint be sent to the Faculty Welfare Committee representative. No person shall be subject to restraints, interference, or reprisal for action taken in good faith to report or to seek advice in matters of sexual harassment.
An individual who believes that he or she has been subjected to sexual harassment should contact the Title IX Coordinator who will review the facts presented. The individual, if they are a faculty member, may additionally contact the Faculty Welfare Committee representative. No person shall be subject to restraints, interference, or reprisal for action taken in good faith to report or to seek advice in matters of sexual harassment.
Informal resolution may be appropriate when the conduct complained of is not of a serious or repetitive nature and disciplinary action is not required to remedy the situation. As there is no formal investigation involved in the informal resolution process, there is no imposition of discipline. University methods for resolving complaints informally include, but are not limited to:
The University will document any informal resolution. The documentation will be retained by the Title IX Coordinator and, if a faculty member is involved, and so requests, the Faculty Welfare Committee representative. The documentation will be kept confidential to the extent permitted by law. If a complaint is filed in a faculty or staff’s permanent record, the faculty or staff member must be notified. An informal resolution meeting is not a precondition for filing a formal written complaint.
A formal investigation will be initiated if the complaint articulates sufficient specific facts which, if determined to be true, would support a finding that the University’s policy was violated. The Title IX Coordinator, or designated Title IX investigator, will give the alleged offender a copy of the complaint. The alleged offender is also provided with an opportunity to respond to it within five (5) business days (ten business days if school is not in session) of receipt by the alleged offender. The letter will include a statement advising the alleged offender that retaliation against the individual who filed the complaint is prohibited and will subject the alleged offender to appropriate disciplinary action if retaliation occurs.
Both the individual submitting the complaint and the alleged offender will be individually interviewed as a part of the official investigation as will any witnesses or persons who have information related to the complaint. Documents relevant to the complaint will also be examined. Facts will be considered on the basis of what is reasonable to persons of ordinary sensitivity and not on the particular sensitivity or reaction of an individual. In the course of a complaint investigation, the University will attempt to maintain confidentiality for all parties involved. However, there can be no guarantee of confidentiality and anonymity based upon the course and scope of the complaint investigation.
Findings will be based on the totality of the circumstances surrounding the conduct complained of, including, but not limited to:
During the complaint process, the individual making the complaint and the alleged offender may designate and thereafter be accompanied by an advisor of his or her choosing at meetings and interviews at which he or she is present; however, no representative may examine witnesses or otherwise actively participate in a meeting or interview.
The Title IX Coordinator, or designated Title IX investigator, will provide a proposed statement of findings, copies of relevant documents, and any physical evidence considered to the appropriate vice president within ten (10) business days (twenty business days if school is not in session) of receipt of the statement from the person whose conduct was complained about.
The appropriate vice president will promptly notify the individual bringing the complaint and the alleged offender that the investigation has been completed and attach a copy of the proposed statement of findings. A student’s identifiable information, if any, which is confidential by law, will be redacted. Within five (5) business days (ten business days if school is not in session) from the date of notification, the individual bringing the complaint and the alleged offender may each submit, for consideration by the appropriate vice president, such comments and corrections as they may have. Within ten (10) business days (twenty business days if school is not in session) from the date of notification, the vice president shall take one of the following actions:
If the Vice President determines that this policy was violated, he or she shall determine a disciplinary action that is appropriate for the severity of the conduct. The Vice President shall inform the individual bringing the complaint, the accused individual, and the appropriate dean or department head of his or her decision, and shall attach a copy of the final statement of findings. Copies of the vice president’s letter, the attached statement of findings, and relevant documents shall also be sent to the Title IX Coordinator.
Disciplinary action may be appealed by the employee who is disciplined. Appeals for faculty shall be made, pursuant to the Faculty Handbook, to the Faculty Welfare Committee. Appeals for non-faculty shall be made, pursuant to the Classified Employee Handbook, in the form of a formal grievance hearing.
The Title IX Coordinator, or designated Title IX investigator, will provide a proposed statement of findings, copies of relevant documents, and any physical evidence considered to the Vice President for Student Affairs for a determination pursuant to Article III of the Arkansas Tech University Student Code of Conduct.
(iv.) Outcome.
The Decision of the Hearing Board. Following the conclusion of the hearing, the Hearing Board will confer and by majority
vote determine whether the evidence (including the information provided in and by
the Investigative Report, the parties written statements, if any, the evidence presented
at the hearings, and the testimony of the parties and witnesses) establishes that
it is more likely than not that the Respondent violated the Sexual Misconduct Policy.
The deliberation portion of the hearing is closed to all but the Hearing Board members.
Sanctions.
a) Generally. Sanctions for a finding of responsibility depend upon the nature and gravity of the
misconduct. Sanctions may include, without limitation, withholding a promotion or
pay increase, reassigning employment, terminating employment, temporary suspension
without pay, compensation adjustments, expulsion or suspension from the University,
disciplinary probation, expulsion from campus housing, mandated counseling, and/or
educational sanctions deemed appropriate by the Hearing Board. A full list of possible
sanctions for students is attached as “Appendix E.”
The Hearing Board will determine sanctions, giving consideration to whether a given sanction will (a) bring an end to the violation in question, (b) reasonably prevent a recurrence of a similar violation, and (c) remedy the discriminatory effects of the violation of the Complainant, and if applicable, the University community at large.
b) Implementation of Sanctions. Sanctions imposed are not effective until the resolution of any timely appeal pursuant to Article V(B)(v), below. However, if it is advisable that in order to protect the welfare of the victim or the University Community, the Hearing Board may recommend that any sanctions be effective immediately and continue in effect until such time as the appeal process is exhausted.
3) Final Outcome Letter. Within seven (7) business days following the conclusion of the hearing, the Hearing Board will issue a written decision letter (the “Final Outcome Letter”) concurrently to the Respondent, the Complainant and the alleged victim (if not the Complainant), the Title IX Coordinator, the Vice President for Student Affairs if the Respondent is a student, and the appropriate Vice President or Athletic Director if the Respondent is an employee. The Final Outcome Letter will set forth (1) the name of the Respondent, (2) the violation(s) of this Policy for which the Respondent was found responsible, if any; (3) rationale for decision, (4) sanctions imposed on the Respondent, if any; and (5) the option to appeal by either party. The University will not require either party to abide by a nondisclosure agreement, in writing or otherwise, that would prevent the re-disclosure of information related to the outcome of the proceeding.
(v.) Appeals.
1) Respondent is a student or non-faculty employee. The alleged victim or the Respondent may appeal, in writing, the decision of the Hearing Board and/or the sanction imposed on the Respondent within seven (7) business days from the date of the Final Outcome Letter. The decision of the Hearing Board and the sanction imposed on the Respondent may, if desired, be appealed simultaneously. The only basis for appeal shall be:
Students should appeal to Dr. Keegan Nichols, Vice President for Student Affairs, located in the Student Affairs, Doc Bryan Student Services Center, Suite 202, (479) 968-0238, knichols@atu.edu. Employees should appeal to the appropriate Vice President or Athletic Director. Typically a decision on the appeal will be issued within seven (7) business days of receipt of the appeal.
2) Respondent is a faculty member. The alleged victim may appeal following the process set forth in Section 1 above.
If the Respondent is a faculty member with tenure or with a special or probationary
appointment and the sanction issued by the Hearing Board is dismissal before the end
of a specified term, the procedures set forth Chapter II, Section E of the Faculty
Handbook shall govern the Respondent’s appeal. If the Hearing Board issues a sanction
which imposes a penalty other than dismissal, the procedures set forth in Chapter
II, Section G of the Faculty Handbook shall govern the Respondent’s appeal.
Informal Resolution
Informal resolution is only appropriate if (1) the alleged victim requests it, (2)
the Respondent agrees to such resolution, (3) the alleged victim and the Respondent
are both students or are both employees of the University, (4) the Title IX Coordinator
determines that informal resolution is an appropriate mechanism for resolving the
Complaint, and (5) the Complaint does not involve sexual assault. Informal Resolution
is not a prerequisite to pursuit of a formal resolution.
Informal resolution may not be selected for less than all of the misconduct alleged in the Complaint (for example the parties may not choose to resolve a claim of Sexual Assault according to the formal resolution process but mediate all other claims). If the parties agree to informal resolution (and informal resolution is appropriate for all of the claims at issue), then all of the claims must be resolved according to the informal resolution process
The alleged victim has the right to terminate the informal resolution process at any time and proceed with formal resolution. Furthermore, the Title IX Coordinator may, where appropriate, terminate or decline to initiate informal resolution, and proceed with formal resolution instead. In such cases, statements or disclosure made by the parties in the course of the informal resolution process may be considered in the subsequent formal resolution proceeding.
(a) Respondent’s Acknowledgement of Responsibility.
At any time prior to the imposition of sanctions, the Respondent may elect to acknowledge his or her actions and take responsibility for the alleged Sexual Misconduct. In such a situation, the Title IX Coordinator will propose sanction(s) for the Respondent. If both the alleged victim and the Respondent agree to such proposed sanction(s), then the Complaint will be resolved without any further rights of appeal by either party.
If either the alleged victim or the Respondent objects to the proposed sanction(s), then the Hearing Board will convene for the exclusive purpose of determining sanctions, which determination may be subject to appeal by either party pursuant to Section V(b)(v) of this Policy. For purposes of this sanction hearing, all of the other provisions of this Policy relating to the imposition of a sanction for Sexual Misconduct shall apply.
(b) The Informal Resolution Process.
(i) The Mediation; The Presiding Officer. The Presiding Officer. When the Complaint is to be resolved according to the informal resolution process, there will be a mediation overseen by the Title IX Coordinator or a Deputy Title IX Coordinator.
(ii) Notice of the Mediation. The Title IX Coordinator, or Deputy Title IX Coordinator, will provide concurrent written notice to the alleged victim and the Respondent, setting forth the date, time, and location of the mediation.
(iii) No Contact Prior to Mediation. The parties may not contact each other outside of the mediation, even to discuss the mediation.
(iv) Attendance. Both the alleged victim and the Respondent are expected to attend the mediation. If either party fails to appear at the mediation, and such party was provided proper notice of the mediation as set forth above, then absent extenuating circumstances, the Title IX Coordinator, or Deputy Title IX Coordinator, may either direct that resolution of the Complaint be determined according to the formal resolution process set forth above, or if the alleged victim fails to appear without good cause, dismiss the Complaint.
(v) The Mediation.
1) The Alleged Victim’s Rights. During the mediation, the alleged victim may:
2) Resolution. During the mediation, the Presiding Officer will attempt to facilitate the parties’ resolution of the Complaint. If the mediation results in a resolution between the parties and the Title IX Coordinator finds the resolution to be appropriate under the circumstances (giving consideration to the extent to which the resolution will protect the safety of the alleged victim and the entire University community), the informal disciplinary procedure will be concluded and the Complaint will be closed. If the parties are unable to reach a resolution, the formal resolution process outlined in Article V of this Policy will promptly commence.
(vi) Privacy and Disclosure. In order to comply with FERPA and Title IX and to provide an orderly process for the presentation and consideration of relevant information without undue intimidation or pressure, the informal resolution process is not open to the general public. Accordingly, documents prepared in anticipation of the mediation (including the Investigative Report and the Notice of Mediation) and other information introduced at the mediation may not be disclosed outside of the mediation, except as may be required or authorized by law.
Resolution Options
The University provides two options for reporting and resolving matters involving discrimination: an informal resolution process and a formal complaint process. An individual who believes that he or she has been subjected discrimination and seeks to take action may use the informal resolution process, the formal complaint process, or both. First use of the informal resolution process will, in most cases, be consistent with fairness and correcting an undesired circumstance with a minimum of emotional and professional damage. The informal resolution process and formal complaint resolution process are not mutually exclusive and neither is required as a pre-condition for choosing the other; however, they cannot both be used at the same time.
Formal Resolution
An individual who believes that he or she has been subjected to discrimination may submit a written formal complaint setting forth all pertinent facts to the Affirmative Action/Equal Employment Opportunity Officer who will review and investigate the facts presented.The individual, if they are a faculty member, may also request that a copy of the complaint be sent to the Faculty Welfare Committee representative. No person shall be subject to restraints, interference or reprisal for action taken in good faith to report or to seek advice in matters of discrimination.
Informal Resolution
An individual who believes that he or she has been subjected to discrimination should contact the Affirmative Action/Equal Employment Opportunity Officer who will review the facts presented. The individual, if they are a faculty member, may additionally contact the Faculty Welfare Committee representative. No person shall be subject to restraints, interference or reprisal for action taken in good faith to report or to seek advice in matters of discrimination.
Informal resolution may be appropriate when the conduct complained of is not of a serious or repetitive nature and disciplinary action is not required to remedy the situation. As there is no formal investigation involved in the informal resolution process, there is no imposition of discipline. University methods for resolving complaint informally include, but are not limited to:
The University will document any informal resolution. The documentation will be retained by the Affirmative Action/Equal Employment Opportunity Officer and, if a faculty member is involved, and so requests, the Faculty Welfare Committee representative. The documentation will be kept confidential to the extent permitted by law. If a complaint is filed in a faculty or staff’s permanent record, the faculty or staff member must be notified. An informal resolution meeting is not a precondition for filing a formal written complaint.
Investigation
A formal investigation will be initiated if the complaint articulates sufficient specific facts which, if determined to be true, would support a finding that the University’s policy was violated. The Affirmative Action/Equal Employment Opportunity Officer will give the alleged offender a copy of the complaint. The alleged offender is also provided with an opportunity to respond to it within five (5) working days (ten working days if school is not in session) of receipt by the alleged offender. The letter will include a statement advising the alleged offender that retaliation against the individual who filed the complaint is prohibited and will subject the alleged offender to appropriate disciplinary action if retaliation occurs.
Both the individual submitting the complaint and the alleged offender will be individually interviewed as a part of the official investigation as will any witnesses or persons who have information related to the complaint. Documents relevant to the complaint will also be examined. Facts will be considered on the basis of what is reasonable to persons of ordinary sensitivity and not on the particular sensitivity or reaction of an individual. In the course of a complaint investigation, the University will attempt to maintain confidentiality for all parties involved. However, there can be no guarantee of confidentiality and anonymity based upon the course and scope of the complaint investigation.
Findings will be based on the totality of the circumstances surrounding the conduct complained of, including, but not limited to:
Representation
During the complaint process, the individual making the complaint and the alleged
offender may designate and thereafter be accompanied by an advisor of his or her choosing
at meetings and interviews at which he or she is present; however, no representative
may examine witnesses or otherwise actively participate in a meeting or interview.
Report of Findings and Recommendation – Complaints Against Non-Students
The Affirmative Action/Equal Employment Opportunity Officer will provide a proposed statement of findings, copies of relevant documents, and any physical evidence considered to the appropriate vice president within ten (10) working days (twenty working days if school is not in session) of receipt of the statement from the person whose conduct was complained about.
The appropriate vice president will promptly notify the individual bringing the complaint and the alleged offender that the investigation has been completed and attach a copy of the proposed statement of findings. A student’s identifiable information, if any, which is confidential by law, will be redacted. Within five (5) working days (ten working days if school is not in session) from the date of notification, the individual bringing the complaint and the alleged offender may each submit, for consideration by the appropriate vice president, such comments and corrections as they may have. Within ten (10) working days (twenty working days if school is not in session) from the date of notification, the Vice President shall take one of the following actions:
If the Vice President determines that this policy was violated, he or she shall determine a disciplinary action that is appropriate for the severity of the conduct. The Vice President shall inform the individual bringing the complaint, accused individual and the appropriate dean or department head of his or her decision, and shall attach a copy of the final statement of final statement of findings. Copies of the Vice President’s letter, the attached statement of findings, and relevant documents shall also be sent to the Affirmative Action/Equal Employment Opportunity Officer.
Disciplinary action may be appealed by the employee who is disciplined. Appeals for
faculty shall be made, pursuant to the Faculty Handbook, to the Faculty Welfare Committee.
Appeals for non-faculty shall be made, pursuant to Classified Employee Handbook, in
the form of a formal grievance hearing.
Report of Findings and Recommendation – Complaints Against Students
The Affirmative Action/Equal Employment Opportunity Officer will provide a proposed statement of findings, copies of relevant documents, and any physical evidence considered to the Vice President for Student Affairs for a determination pursuant to Article IV of the Arkansas Tech University Student Code of Conduct.
Filing of a False Complaint - Individuals whose complaint is found to be both false and have been made with malicious intent will be subject to disciplinary action, which may include, but is not limited to, demotion, transfer, suspension, expulsion, or termination of employment.