922 Policy Prohibiting Sexual Misconduct, Intimate Partner Violence, and Stalking
Last updated on: December 16, 2016
Authority: Approved by the Board of Trustees
922.1 General Statement of Policy and Notice of Non-Discrimination
Indiana State University (ISU) is committed to fostering an educational environment free from discrimination, including sexual misconduct, intimate partner violence, and stalking. ISU does not tolerate any form of sexual misconduct, whether physical, mental, or emotional in nature. Unlawful sex discrimination can interfere with a student’s ability to participate in or benefit from university academic and non-academic programs, an employee’s ability to function in the workplace, or a campus visitor’s ability to utilize university programs and services. The university recognizes its responsibility to increase awareness of sexual misconduct, intimate partner violence, and stalking, prevent its occurrence, support victims, promptly and equitably investigate reports of misconduct, and deal fairly and firmly with those who are found in violation of the policy. The University recognizes that Title IX of the Education Amendments of 1972 prohibits discrimination on the basis of sex in education programs or activities receiving Federal Financial Assistance. Sexual violence and sexual harassment constitute forms of discrimination and will not be tolerated within the ISU community.
922.2 Scope of the Policy
This Policy sets forth how the University defines and addresses sexual misconduct, intimate-partner violence, and stalking. It applies to all applicants, students, faculty, staff, independent contractors, guests, visitors, ISU departments and programs, and recognized student organizations. It applies to all incidents occurring on the ISU campus, at ISU events off campus, and to any incidents occurring off campus that affect the educational environment for students.
922.3 Options for Assistance
Indiana State University has an obligation to address sexual misconduct, intimate-partner violence, and stalking when it knows or should have known about such instances. Any applicant, student, faculty member, staff member, independent contractor, guest or visitor is strongly encouraged to report a violation of this policy to the Title IX Director. In addition, many ISU employees are considered Responsible Employees who are required to share information with the Title IX Director. Any individual or group of individuals found to have violated this policy will be subject to disciplinary action, up to and including termination of employment or suspension from the University.
922.4 Title IX Director
ISU has designated a Title IX Director who has the authority to investigate allegations of sex discrimination and misconduct, including violence and harassment, intimate partner violence, and stalking as prohibited by federal and state law. The Title IX Director may appoint deputy Title IX investigators, as necessary, to fulfill the obligations of the Title IX Director as required by this policy. The Title IX Director is also responsible for providing annual training to members of the ISU community regarding the application and implementation of policies and procedures related to Title IX and the Campus SAVE Act. Further information about this policy and the procedures for reporting and investigation can be found on the Equal Opportunity and Title IX Office website: https://cms.indstate.edu/equalopportunity-titleix
The designated Title IX Director is:
Assistant Vice President of Equal Opportunity and Title IX Director
Equal Opportunity and Title IX Office
Rankin Hall, Room 426
Indiana State University
Terre Haute, Indiana 47809
922.5 Prohibited Conduct and Definitions
As required by federal law, Indiana State University has developed the following definitions to provide guidance in the investigation and adjudication of cases reported under this policy.
922.5.1 Sexual Misconduct. Sexual misconduct includes both sexual harassment and sexual violence, as defined below.
9220.127.116.11 Sexual harassment refers to the unwelcome imposition of sexual attention often in the context of a relationship of unequal power. The policy applies to men and women equally and encompasses both heterosexual and same sex harassment. Sexual harassment is any conduct, physical or verbal, that is sexual in nature and which has the effect of unreasonably interfering with an individual’s or a group’s educational or work performance, or which creates an intimidating, hostile, or abusive educational or work environment. It can include unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature made by someone from or in the workplace or educational setting.
918.104.22.168 Sexual Violence is any sexual act that is perpetrated against someone's will. Sexual violence encompasses a range of offenses, including but not limited to a completed or attempted nonconsensual sex act (i.e., rape), abusive sexual contact (i.e., unwanted touching), and non-contact sexual abuse (e.g., threatened sexual violence, exhibitionism, verbal sexual harassment). All types involve victims who do not consent, or who are unable to consent or refuse to allow the act.
922.5.3 Intimate Partner Violence. Intimate partner violence – sometimes referred to as domestic battery or dating violence - describes physical, sexual, or psychological harm by a current or former partner or spouse. This type of violence can occur between individuals of heterosexual or same-sex couples and does not require sexual intimacy. Intimate partner violence can vary in frequency and severity. It occurs on a continuum, ranging from verbal abuse that may or may not impact the victim to chronic, severe battering. There are four main types of intimate partner violence including but not limited to:
922.214.171.124 Physical Violence. Physical violence is the intentional use of physical force with the potential for causing death, disability, or injury. Physical violence includes, but is not limited to, scratching; pushing; shoving; throwing; grabbing; biting; choking; shaking; slapping; punching; burning; use of a weapon; and use of restraints or one's body, size, or strength against another person.
9126.96.36.199 Sexual Violence is defined in Section 922.5.3.
9188.8.131.52 Threats of Physical or Sexual Violence. The use of words, gestures, or weapons to communicate the intent to cause death, disability, or injury.
9184.108.40.206 Psychological/Emotional Violence involves trauma to the victim caused by acts, threats of acts, or coercive tactics. Psychological/emotional abuse can include, but is not limited to, humiliating the victim, controlling what the victim can and cannot do, withholding information from the victim, deliberately doing something to make the victim feel diminished or embarrassed, isolating the victim from friends and family, and denying the victim access to money or other basic resources. It is also considered psychological/emotional violence when there has been prior physical or sexual violence or prior threat of physical or sexual violence.
922.5.4 Stalking. Stalking means engaging in a course of conduct directed at a specific person that would cause a reasonable person to (A) fear for the person’s safety or the safety of others; or (B) suffer substantial emotional distress. For purposes of determining if stalking has occurred, the Title IX Director will utilize the following definitions.
9220.127.116.11 Course of Conduct. The term “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.
918.104.22.168 Reasonable Person. The term “reasonable person” means a reasonable person under similar circumstances and with similar identities to the victim.
922.214.171.124 Substantial Emotional Distress. The term “substantial emotional distress” means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.
922.5.5 Consent. Consent is a knowing, voluntary, and clear mutual agreement to engage in sexual activity. Consent must be freely and actively given, and communicated by clearly and mutually understandable words or actions to participate in each form of sexual activity. Consent may be withdrawn at any time. Consent to some sexual contact cannot be presumed to be consent for other sexual activity including previous consent or the existence of a current or previous relationship. Silence or the absence of resistance is not the same as consent.
9126.96.36.199 Lack of Consent. Lack of Consent means:
- a. The person has not given consent; or
- b. The person is incapable of giving consent because of mental, developmental, or physical disability; or
- c. Force is used or threatened; or
- d. The person is incapable of giving consent as a result judgment-inhibiting intoxication without regard to the intoxicant; or
- e. The person is not sufficiently conscious to provide consent.
- f. The person is not old enough to give consent. In Indiana, any person who has reason to believe that a child is a victim of child abuse or neglect has a duty to make a report to Child Protective Services or to the police.
922.5.6 Responsible Employee. A Responsible Employee is defined as any employee who has the authority to take action to address sexual misconduct, intimate-partner violence, or stalking; an employee who has been asked to report incidents of sexual misconduct, intimate-partner violence, or stalking; or any employee whom a student believes has the authority or duty to report sexual misconduct, intimate-partner violence, or stalking. University officers, directors, faculty, advisors, and resident assistants will generally be considered Responsible Employees. The Title IX Director will annually notify those who are considered Responsible Employees under this policy. All Responsible Employees receiving reports of a potential violation of this policy must promptly contact the Title IX Director.
922.5.7 Retaliation. Retaliation is defined as any adverse employment or educational action or creation of a hostile environment for individuals who report or participate in the investigation of violations of this policy.
922.6 Confidential Reporting
922.6.1 Confidential Reporting for Students. If a student would like the details of an incident to be kept confidential, the student may speak with on-campus counselors, campus health service providers, a victim advocate, off-campus local rape crisis counselors, domestic violence resources, or members of the clergy/chaplains who will maintain confidentiality except in extreme cases of immediacy of threat or danger, abuse of a minor, or as otherwise required by law. Students may access a Victim Advocate and/or campus counselors in the ISU Student Counseling Center, the Psychology Clinic, or the Grosjean Counseling Clinic. Contact information for confidential resources may be found at https://cms.indstate.edu/equalopportunity-titleix.
922.6.2 Confidential Reporting for Employees. If an employee would like the details of an incident to be kept confidential, the employee may discuss the matter confidentially with the Employee Assistance Program, the Psychology Clinic, the Grosjean Counseling Clinic, off-campus local rape crisis counselors, domestic violence resources, or members of the clergy / chaplains who will maintain confidentiality except in extreme cases of immediate threat or danger, abuse of a minor, or as otherwise required by law. Employees may also access the Employee Assistance Program. Contact information for confidential resources may be found at https://cms.indstate.edu/equalopportunity-titleix.
922.7 Non-Confidential Reporting
Individuals who experience sexual misconduct, intimate-partner violence or stalking are encouraged to report to Title IX Director and/or University Police. Complainants have the right, and can expect, to have complaints taken seriously by the University when reported and to have those incidents investigated and properly resolved with as much privacy as possible under the circumstances of each individual situation. The ISU Chief of Police, with cooperation from the Title IX Director, will make the decision about notification to the campus about health and safety emergencies that might arise as a result of a report.
922.7.1 Obligation to report by Responsible Employees. Responsible Employees, as defined in 922.5.6, have an obligation to promptly report sexual misconduct, intimate partner violence, and stalking to the Title IX Director.
922.7.2 Relationship between University Police and Title IX Director. ISU Police will promptly report allegations of sexual misconduct, intimate partner violence, and stalking to the Title IX Director. The Title IX Director will comply with law enforcement requests for cooperation. Such cooperation may require the Title IX Director to temporarily suspend the fact-finding aspect of an investigation while the law enforcement agency is in the process of gathering evidence. If so, the Title IX Director will promptly provide notice of the suspension of the investigation to the parties involved. The Title IX Director will promptly resume investigation as soon as it is notified by the law enforcement agency that it has completed the evidence gathering process.
922.7.3 Privacy and Confidentiality. All initial contacts between the Title IX Director and the complainant will be treated with the maximum possible privacy. In all cases, the University will give consideration to the complainant with respect to how the complaint is pursued, but reserves the right, when necessary to protect the community, to investigate and pursue a resolution when an alleged victim chooses not to initiate or participate in a formal complaint.
922.7.4 Reports of Crimes in Progress. All university community members should contact University Police to report all crimes-in-progress.
922.7.5 Reports Involving Minors. In Indiana, any person who has reason to believe that a child is a victim of child abuse or neglect has a duty to make a report to Child Protective Services or to the police.
The Title IX Director will conduct a prompt, adequate, reliable, and impartial investigation of all complaints, except in cases where a complainant has requested that the investigation not proceed and the Title IX Director has agreed. During the investigation phase, both the complainant and respondent will have the opportunity to give a statement, present witnesses and provide evidence. The Title IX Director will publish investigative procedures, approved by the President, on the Equal Opportunity Website, which will guide investigations. Investigation procedures may differ based on the role of the respondent as a student, employee, or visitor to campus.
922.8.1 Interim Measures. Following a report of sexual misconduct, intimate partner violence, or stalking involving students, ISU will implement appropriate interim measures during the investigation period to provide for the safety of complainant and the campus community and the avoidance of retaliation. In some cases the University will initiate the interim measures without request. The Title IX Director will work with appropriate officials in Residential Life, Academic Affairs, Human Resources, or others to ensure the implementation of appropriate interim measures. If appropriate interim measures are not provided, in the Title IX Director’s reasoned opinion, the Title IX Director will report this information to the President or Provost for a further determination.
9188.8.131.52 Interim Measures for Student Complainants. Interim measures for students may be imposed regardless of whether formal disciplinary action is sought by the complainant or the University in order to ensure the preservation of the complainant’s educational experience and the overall university environment Interim measures for students may consist of counseling, housing assistance, academic assistance, no contact orders, or other assistance that the Title IX Director deems appropriate.
9184.108.40.206 Interim Measures for Employee Complainants. The Title IX Director may implement interim support measures for employee complainants, which may include referrals for counseling, development of safety plans, or other assistance that the Title IX Director deems appropriate.
922.8.2 Support During the Investigation. Complainants and Respondents will have the opportunity to have a support person present during the investigation and appeal process. Student Complainants may utilize the ISU Victim Advocate as support during the investigation and appeal. Student Respondents may utilize the Associate Dean of Students during the investigation and appeal. The Title IX Director will issue annual guidance on the appropriate role of the support person.
922.8.3 Investigative Report. The Title IX Director will prepare an investigative report. The complainant and respondent will have the opportunity to review and provide a written response to the report before a determination is made.
922.8.4 Equal Rights During Investigation and Appeal. Complainants and respondents shall be given the same opportunities for notice and support during the investigation and appeal.
922.9 Determinations and Disciplinary Outcomes for Students
A three-member Title IX panel will determine if a student respondent has violated the policy and will impose disciplinary outcomes, if necessary. The members of the panel will be chosen from a Title IX Committee, consisting of twelve (12) regular faculty or full-time employees. The Title IX Director will coordinate an open, campus-wide nomination process for members of the Title IX Committee and the President will make the final decision on its composition. Members will serve rolling three-year terms and may be removed at the will of the President.
922.9.1 Standard of Review. The standard of review for determination of a violation of this policy shall be a preponderance of the evidence or whether the respondent more likely than not violated the policy.
922.9.2 Review and Determination. Upon completion of the investigation, the Title IX Director will present the investigative report to the Panel. The Panel will review the investigative report of the Title IX Director and will have the opportunity to request additional information from the Title IX Director, if necessary. The Panel will then make a determination about whether or not it is more likely than not that the respondent violated the policy.
9220.127.116.11 Outcome for Policy Violation. The Panel has discretion in the type and severity of the disciplinary outcome, which may include a conduct warning, conduct probation, mandated assessments, educational requirements, and/or temporary or permanent separation from Indiana State University in accordance with the Code of Student Conduct.
922.9.3 Notification to Complainant and Respondent. Both the complainant and the respondent will be notified in writing of the determination made by the Panel.
922.9.4 Appeal. In cases involving student respondents, both the complainant and the respondent will have the opportunity to appeal the decision of the Panel to the Vice President for Student Affairs within ten (10) calendar days of notification of the Panel’s decision. The only basis for appeal is the lack of procedural due process, which is defined as a notice of the investigation and the right to be heard.
922.10 Determinations and Disciplinary Outcomes for Faculty, Staff, and Other Respondents
The determination about whether it is more likely than not that a faculty, staff, or visitor committed a violation of this policy will be made by the Title IX Director in accordance with the published procedures. The Title IX Director will recommend sanctions to the Vice President to whom the respondent reports.
922.10.1 Standard of Review. The standard of review for determination of a violation of this policy shall be a preponderance of the evidence or whether the respondent more likely than not violated the policy.
922.10.2 Appeal. ISU faculty, staff, and visitors will have the opportunity to appeal the Title IX Director’s decision within 20 days. The appeals process will follow the published procedures available on the Equal Opportunity website.
922.11 No Retaliation
Retaliation against an individual for reporting a violation of this policy, supporting a complainant or respondent, or participating in an investigation is a serious violation of this policy and will be treated as another possible instance of harassment or discrimination.
922.12 Prevention, Education, and Training
922.12.1 Training for Individuals Involved in Investigation. The Title IX Director will provide or coordinate periodic, comprehensive training to ISU employees who will be directly involved in processing, investigating and/or resolving complaints related to this policy.
922.12.2 Training and Prevention for Students. The Title IX Director, in collaboration with the Division of Student Affairs, will direct a mandatory training and prevention program for students.
922.12.3 Training for Employees. The Title IX Director, in conjunction with the Division of Student Affairs, Academic Affairs, and Human Resources will direct mandatory training to university employees. Employees will be expected to complete training every two years.
Policy Administrator:Office of the Provost and Vice President for Academic Affairs
Policy Contact:Equal Opportunity and Title IX Office
Rankin Hall 426
Equal Opportunity and Title IX Office