Capital University recently modified its sexual misconduct policy, which affects the way the school handles all alleged sex crimes.
In the past, students have complained that the old policy was riddled with corporate doublespeak, lengthy waiting periods, and a hearing where the victim and the alleged offender were both present. The new policy addresses these concerns, making it easier for a victim to come forward.
However, navigating the Title IX policy can be confusing. Because of the change in policy, it is important to break down the process into language that anyone can follow and understand.
The policy clearly and concisely defines consent:
- Consent is active, not passive.
- Silence cannot be interpreted as consent.
- Consent can be given by words or actions, as long as those words or actions grant mutual permission to engage in sexual activity.
- Consent to one form of sexual activity cannot automatically imply consent to any other forms of sexual activity.
- Consent can be withdrawn at any time.
- Prior consent cannot imply consent to future sexual acts.
- Consent cannot be given while incapacitated in any way.
- Possession, use, and/or distribution of any “rape drug” is prohibited. The use of these drugs violates the Title IX policy.
- Being under the influence of alcohol or other drugs will not excuse sexual misconduct.
Examples of sexual misconduct can vary from unwanted touching, stalking, indecent exposure, sexual harassment, dating violence, and sexual assault.
If a student wants to file a complaint, that student must either contact Public Safety or a residential life representative, depending on the severity of the case.
After the complaint is filed, a preliminary investigation occurs. An investigator, who is a university staff member, gathers information from either the offender or the victim. From there, he or she consults the Title IX team and/or university counsel, which will determine whether the conduct referenced in the complaint constitutes a violation of the policy. If not, the investigation is closed. If so, a notice of investigation is sent to both parties.
The investigator(s) then meets up with the alleged offender so that he or she is given an opportunity to review the complaint. While under investigation, both parties are encouraged to gather evidence and witness statements that will help assess the situation.
Once this information is compiled, the investigator(s) must draft a report, including any factual findings as well as the investigator(s)’s conclusion. The report may also include recommendations for resolution, sanctions, or other appropriate actions.
Both the victim and alleged offender have the opportunity to review this final report and can add any additional information. The Title IX team then reviews and finalizes the report.
Once the report is finalized, there are two possible verdicts: responsible or not responsible.
After the verdict is reached, an appeal may be submitted to the Title IX coordinator within five business days of the final decision. There are four possible grounds for appeals: a procedural error occurred that significantly impacted the outcome of the investigation; the appealing party submited new evidence that was unavailable during the original investigation; the investigator showed specific bias toward one party; or the sanctions imposed were substantially disproportionate to the severity of the violation.
Once an appeal is made, the Title IX Coordinator will provide a copy to the non-appealing party, who then may submit a written response within five business days from the original appeal.
There are five possible outcomes after the appeal: it does not meet the criteria for an appeal; an error was found in the investigation, and the complaint is returned to the investigator(s); the appeals officer determines that new evidence should be considered, and it is up to the investigator(s) to reconsider the case with the new evidence; the appeals officer finds the investigator(s) biased and appoints a new investigator who must submit a fresh report within 30 days; or the appeals officer finds that the sanctions given are unequal to the severity of the sexual crime and are then able to increase or decrease the sanctions.
Typically, within 14 calendar days of the appeal process, the appeals officer will make their decision, and both parties will be issued a written statement or a Notice of Final Outcome.
Punishments for any of these offenses can include monetary fines, a written or verbal warning, mandatory classes, restricted access to the victim, bans from extracurricular and/or co-curricular activities, alcohol/drug/anger assessment, residence hall probation or dismissal, disciplinary probation, suspension or expulsion from the university, withholding of diploma, or revocation of degree.
If you have any questions about any of the above information, contact Capital’s Title IX coordinator, Theresa Feldmeier, at tfeldmei@capital.edu.
