TITLE IX Program Guidance
TITLE IX CAMPUS PROGRAMMING
Overview of Title IX
ASU complies with applicable state and federal regulations, including Title IX of the Education
Amendments of 1972 (Title IX), which prohibits sex discrimination in any education program or
activity receiving federal funding. ASU will not tolerate discrimination and sexual harassment and
has provided a way to report these incidents through the Title IX Office.
TITLE IX
What is Title IX?
Alcorn State University’s Title IX Office has three primary functions.
The Office:
1. Responds to allegations of harassment or discrimination based on a person’s sex, gender, gender
identity, sexual orientation, or
pregnancy and parenting status.
2. Implements and oversees the University’s Sexual Harassment Policy and Grievance Procedures.
3. Coordinating the University’s implementation of supportive measures.
Mandatory Reporting unless designated as a confidential resource (for example,
counseling center therapists), all University employees must report incidents of sexual harassment
to the Title IX and Compliance Office.
Additionally, employees designated as Campus Security Authorities must also report possible sexual
harassment to the University Police.
Other Civil Rights Complaints
For all other civil rights complaints, please consult with the Office of Affirmative Action/EEO.
Accessibility
NOTICE: If you have difficulty accessing any portions of this website with adaptive technology or
because of a disability, please contact the Office of the Title IX and Compliance Office.
Title IX at Alcorn State University
• About Us
When to contact the Title IX Office:
• When seeking information or training about your rights and courses of action
available to resolve reports or complaints that involve sex discrimination or sexual harassment
• Get assistance with filing a report of sex discrimination or sexual harassment
• To notify the University of an incident, policy, or procedure that may raise potential Title IX
concerns
• Get information about available resources (including confidential resources) and supportive
measures
Ways to report/ contact the Title IX Office
In-Person Phone Email
Helpline
• Policy/Grievance Procedure
Interim Sexual Harassment Policy and Procedures
SEXUAL HARASSMENT POLICIES AND PROCEDURES
POLICY: Sexual Harassment, Including Sexual Assault, Dating Violence, Domestic Violence, Stalking,
and Retaliation
Glossary
Advisor means a person chosen by a party or appointed by the institution to accompany the party to
meetings related to the resolution process, to advise the party on that process, and to conduct
cross-examination for the party at the hearing, if any.
Complainant means an individual who is alleged to be the victim of conduct that could be sexual
harassment based on a protected class; or retaliation for engaging in a protected activity, such as
filing a formal complaint.
Complaint (formal) means a document submitted or signed by a Complainant or signed by the Title IX
and Compliance Office alleging sexual harassment or retaliation for engaging in a protected
activity against a Respondent and requesting that the University investigate the allegation.
Confidential Resource means an employee to whom incidents of sexual harassment may be reported
confidentially without triggering a duty to report to the Title IX and Compliance Office. A
Confidential Resource is not a Mandated Reporter. See definition of Mandatory Reporter below.
Day means a business day when the University is in normal operation.
Education program or activity means locations, events, or circumstances where the University
exercises substantial control over both the Respondent and the context in which the sexual
harassment allegedly occurs and also includes any building owned or controlled by a student
organization that is officially recognized by the University.
Final Determination: means a conclusion by a preponderance of the evidence that the alleged conduct
did or did not violate policy.
Finding: means a conclusion by a preponderance of the evidence standard that the conduct did or did
not occur as alleged (as in a “finding of fact”).
Formal Grievance Process means a method of formal resolution designated by the University to
address conduct that falls within the policy included below, and which complies with the
requirements of the Title IX regulations (34 CFR §106.45).
Grievance Process Pool includes any investigators, hearing officer/decision-maker, appeal officer,
and advisors who may perform any or all of these roles (though not at the same time or with respect
to the same case).
Hearing Officer/Decision-maker refers to the person who has decision-making and sanctioning
authority within the University’s formal grievance process.
Sexual Harassment Investigative Panel (SHIP) means the persons charged by the University with
gathering facts about an alleged violation of this Policy, assessing relevance and credibility,
synthesizing the evidence, and compiling this information into an investigation report and file of
directly related evidence.
Mandated Reporter means an employee of the University who is obligated by policy to share
knowledge, notice, and/or reports of harassment and/or retaliation with the Title IX and Compliance
Office.
Notice means that an employee, student, or third-party informs the Title IX and Compliance Office
or other Official with Authority of the alleged occurrence of harassing, discriminatory, and/or
retaliatory conduct.
Official with Authority (OWA) means an employee of the University explicitly vested with the
responsibility to implement corrective measures for sexual harassment and/or retaliation on behalf
of the University.
Parties include the Complainant(s) and Respondent(s), collectively.
Remedies are post-finding actions directed to the Complainant and/or the community as mechanisms to
address safety, prevent recurrence, and restore access to the University’s educational programs.
Respondent means an individual who is alleged to have participated in conduct that could constitute
sexual harassment or retaliation.
Resolution means the result of an informal or formal grievance process.
Sanction means a consequence imposed by the University on a Respondent who is found to have
violated this policy.
Sexual Harassment is the umbrella category including the offenses of sexual harassment, sexual
assault, stalking, dating violence, and domestic violence.
Title IX and Compliance Office is the official designated by the University to ensure compliance
with Title IX and the University’s Title IX program. References to the Compliance Officer
throughout this policy may also encompass a designee of the Compliance Officer for specific tasks.
Rationale for Policy
Alcorn State University is committed to providing a workplace and educational environment, as well
as other benefits, programs, and activities that are free from sexual harassment and retaliation.
The University values and upholds the equal dignity of all members of its community and strives to
balance the rights of the parties in the grievance process.
Applicable Scope
The core purpose of this policy is the prohibition of sexual harassment and retaliation. When an
alleged violation of this policy is reported, the allegations are subject to resolution using the
University’s formal grievance process.
When the Respondent is a member of the University community, a grievance process may be available
regardless of the status of the Complainant, who may or may not be a member of the University
community. This community includes, but is not limited to, students, student organizations,
faculty, administrators, staff, and third parties such as guests, visitors, volunteers, invitees,
and campers.
The procedure below may be applied to incidents, to patterns, and/or to the campus climate, all of
which may be addressed and investigated in accordance with this policy.
[1] For the purpose of this policy, the University defines “student” as any individual who has
accepted an offer of admission, or who is registered or enrolled for credit or non-credit bearing
coursework, and who maintains an ongoing relationship with the University.
Title IX and Compliance Office
Title IX and Compliance Office and oversees implementation of this policy. The Title IX and
Compliance Office have the primary responsibility for coordinating the University’s efforts related
to the intake, investigation, resolution, and implementation of supportive measures to stop,
remediate, and prevent sexual harassment and retaliation prohibited under this policy.
Independence and Conflict-of-Interest
The Title IX and Compliance Office acts with independence and authority free from bias and
conflicts of interest. Title IX and Compliance Office oversee all resolutions under this policy and
procedure.
To raise any concern involving bias or conflict of interest by the Title IX and Compliance Office,
contact the Director of Compliance and Ethics, with concerns of bias or a potential conflict of
interest by any other Title IX Team member should be raised with the Title IX and Compliance
Office.
Reports of misconduct committed by the Title IX and Compliance Office should be reported to the
University Director of Compliance and Ethics. Reports of misconduct committed by any other Title IX
Team member should be reported to the Title IX and Compliance Office.
Where to Report
Complaints or notice of alleged policy violations, or inquiries about or concerns regarding this
policy and procedure, may be made internally to:
Title IX and Compliance Office
Officials with Authority (OWA)
The University has determined that the following administrators are Officials with Authority to
address and correct sexual harassment and/or retaliation. These Officials with Authority listed
below may also accept notice or complaints on behalf of the University.
Vice President for Student Affairs
Associate Vice President for Student Affairs & Dean of Students Executive Associate Provost
Vice Provost & Interim Campus Executive Officer
Unless it is designated as a Confidential Resource, the University has classified all
employees as Mandated Reporters. Mandated Reporters must report any knowledge they have indicating
that a member of the community is experiencing sexual harassment and/or retaliation.
Inquiries may be made externally to:
Office for Civil Rights (OCR)
U.S. Department of Education 400 Maryland Avenue, SW Washington, D.C. 20202-1100
Customer Service Hotline #: (800) 421-3481
Facsimile: (202) 453-6012
TDD#: (877) 521-2172
Email: [email protected]
Web: https://www.ed.gov/ocr
Equal Employment Opportunity Commission (EEOC) 100 West Capitol Street 338
Jackson, MS 39262
800.669.4000
Web: eeoc.gov
Notice/Complaints of Sexual Harassment and/or Retaliation
Notice or complaints of sexual harassment and/or retaliation may be made using any of the following
options:
Give notice verbally or in writing to the Title IX and Compliance Office or Officials with
Authority, as listed above. Such a report may be made at any time (including during non- business
hours) by calling or by mail to the office address listed above for the Title IX and Compliance
Office or any other official listed above.
Report online, using the reporting form posted at www.ASU.edu/title-ix. Anonymous reports are
accepted via the Ethics line online through the website link or by phone. The University tries to
provide supportive measures to all Complainants, which is impossible with an anonymous report.
Because reporting carries no obligation to initiate a formal response, and as the University
respects Complainant requests to dismiss complaints unless there is a compelling threat to health
and/or safety, the Complainant is largely in control and should not fear a loss of privacy by
making a report that allows the University to discuss and/or provide supportive measures.
A Formal Complaint means a document submitted or signed by the Complainant or signed by the Title
IX and Compliance Office alleging a policy violation by a Respondent and requesting that the
University investigate the allegation(s).
A complaint may be filed with the Title IX and Compliance Office in person, by mail, or by
electronic mail, by using the contact information in the section immediately above. As used in this
paragraph, the phrase “document filed by a Complainant” means a document or electronic submission
(such as by electronic mail or through an online portal provided for this purpose by the
University) that contains the Complainant’s physical or digital signature or otherwise indicates
that the Complainant is the person filing the complaint, and requests that the University
investigate the allegations.
If notice of a formal complaint is submitted in a form that does not meet this standard, the Title
IX and Compliance Office will contact the Complainant to ensure that it is filed correctly.
Supportive Measures
The University will offer and implement appropriate and reasonable supportive measures to the
parties upon notice of alleged sexual harassment and/or retaliation.
Supportive measures are non-disciplinary, non-punitive individualized services offered as
appropriate, as reasonably available, and without fee or charge to the parties to restore or
preserve access to the University’s education program or activity, including measures designed to
protect the safety of all parties or the University’s educational environment, and/or deter sexual
harassment and/or retaliation.
The Title IX and Compliance Office promptly make supportive measures available to the parties upon
receiving notice. At the time that supportive measures are offered, the University will inform the
Complainant, in writing, that they may file a formal complaint with the University either at that
time or in the future, if they have not done so already.
The Title IX and Compliance Office work with the Complainant to ensure that their wishes are
considered with respect to the supportive measures that are planned and implemented.
The University will maintain the privacy of supportive measures, if privacy does not impair the
University’s ability to provide supportive measures. The University will act to ensure as minimal
an academic or employment impact on the parties as possible.
The University will implement measures in a way that does not unreasonably burden the other party.
These actions may include, but are not limited to:
Referral to counseling, medical, and/or other healthcare services Referral to the Employee
Assistance Program
Referral to community-based service providers Student financial aid counseling
Education to the institutional community or community subgroup(s) Altering campus housing
assignment(s)
Altering work arrangements for employees or student employees Safety planning
Providing transportation accommodation
Implementing contact limitations (no contact orders) between the parties
Academic support, extensions of deadlines, or other course/program-related Adjustments
Trespass, Persona Non Grata (PNG), or BE-On-the-Lookout (BOLO) orders Timely warnings
Class schedule modifications, withdrawals, or leaves of absence Increased security and monitoring
of certain areas of the campus
Any other actions deemed appropriate by the Title IX and Compliance Office
Violations of no contact orders will refer to appropriate student or employee conduct processes for
enforcement.
Emergency Removal
The University can act to remove a student Respondent entirely or partially from its education
program or activities on an emergency basis when an individualized safety and risk analysis has
determined that an immediate threat to the physical health or safety of any student or other
individual justifies removal.
This risk analysis is performed by the Title IX and Compliance Office in conjunction with the CARES
team using its standard objective violence risk assessment procedures.
In all cases in which an emergency removal is imposed, the student will be given notice of the
action and the option to request to meet with the Title IX and Compliance Office prior to such
action/removal being imposed, or as soon thereafter as reasonably possible, to show cause why the
action/removal should not be implemented or should be modified. This meeting is not a hearing on
the merits of the allegation(s), but rather is an administrative process intended to determine
solely whether the emergency removal is appropriate. When this meeting is not requested by the
respondent within five (5) business days, objections to the emergency removal will be deemed
waived.
A Complainant and their Advisor may be permitted to participate in this meeting if the Title IX and
Compliance Office determine it is equitable to do so.
This section also applies to any restrictions that a coach or athletic administrator may place on a
student-athlete arising from allegations related to Title IX. There is no appeal process for
emergency removal decisions.
A Respondent may be accompanied by an Advisor of their choice when meeting with the Title IX and
Compliance Office for the show cause meeting. The Respondent will be given access to a written
summary of the basis for the emergency removal prior to the meeting to allow for adequate
preparation.
The Title IX and Compliance Office have sole discretion under this policy to implement or stay an
emergency removal and to determine the conditions and duration. Violation of an emergency removal
under this policy will be grounds for discipline, which may include expulsion.
The University will implement the least restrictive emergency actions possible considering the
circumstances and safety concerns. As determined by the Title IX and Compliance
Office, these actions could include, but are not limited to: removing a student from a residence
hall, temporarily reassigning an employee, restricting a student’s or employee’s access to or use
of facilities or equipment, allowing a student to withdraw or take grades of incomplete without
financial penalty, authorizing an administrative leave, and suspending a student’s participation
in extracurricular activities, student employment, student organizational leadership, or
intercollegiate/intramural athletics.
At the discretion of the Title IX and Compliance Office, alternative coursework options may be
pursued to ensure as minimal an academic impact as possible on the parties.
Where the Respondent is an employee, existing provisions for interim action are applicable.
Promptness
All allegations are acted upon promptly by the University once it has received notice of a formal
complaint. Complaints can take 60-90 business days to resolve, typically. There are always
exceptions and extenuating circumstances that can cause a resolution to take longer, but the
University will avoid all undue delays within its control.
Any time the general timeframes for resolution outlined in the University procedures will be
delayed, the University will provide written notice to the parties of the delay, the cause of the
delay, and an estimate of the anticipated additional time that will be needed as a result of the
delay.
Privacy
Every effort is made by the University to preserve the privacy of reports. The University will not
share the identity of any individual who has made a report or complaint of harassment or
retaliation; any Complainant, any individual who has been reported to be the perpetrator of sexual
harassment or retaliation, any Respondent, or any witness, except as permitted by the Family
Educational Rights and Privacy Act (FERPA), 20 U.S.C. 1232g; FERPA regulations, 34 CFR part 99; or
as required by law; or to carry out the purposes of 34 CFR Part 106, including the conducting of
any investigation, hearing, or grievance proceeding arising under this policy and procedure.
The University reserves the right to determine which University officials have a legitimate
educational interest in being informed about incidents that fall within this policy, pursuant to
the Family Educational Rights and Privacy Act (FERPA).
Only a small group of officials who need to know will typically be told about the complaint,
including but not limited to Affirmative Action/EEO, Division of Student Affairs, Office of the
General Counsel, University Police, and the CARES Team.
Information will be shared as necessary with SHIP Investigators, the Hearing Officer, witnesses,
and the parties. The circle of people with this knowledge will be kept as tight as possible to
preserve the parties’ rights and privacy.
The University may contact parents/guardians to inform them of situations in which there is a
significant and articulable health and/or safety risk but will usually consult with the student
first before doing so. Confidentiality and mandated reporting are addressed more specifically
below.
Jurisdiction of the University
This policy applies to the educational programs and activities of the University, to conduct that
takes place on the campus or on property owned or controlled by the University, at
university-sponsored events, or in buildings owned or controlled by the University’s recognized
student organizations. The Respondent must be a member of the University’s community for its
policies to apply.
This policy may also be applicable to the effects of off-campus misconduct that effectively
deprives someone of access to the University’s educational program.
If the Respondent is unknown or is not a member of the University community, the Title IX and
Compliance Office will assist the Complainant in identifying appropriate campus and local resources
and support options and/or, when criminal conduct is alleged, in contacting local or campus law
enforcement if the individual would like to file a police report.
Further, even when the Respondent is not a member of the University’s community, supportive
measures, remedies, and resources may be accessible to the Complainant by contacting the Title IX
and Compliance Office.
In addition, the University may take other actions as appropriate to protect the Complainant
against third parties, such as barring individuals from university property and/or events.
All vendors serving the University through third-party contracts are subject to the policies and
procedures of their employers.
When the Respondent is enrolled in or employed by another institution, the Title IX and Compliance
Office can assist the Complainant in liaising with the appropriate individual at that institution,
as it may be possible to allege violations through that institution’s policies.
Similarly, the Title IX and Compliance Office may be able to assist and support a student or
employee Complainant who experiences sexual harassment or retaliation in an externship, study
abroad program, or other environment external to the University where sexual
harassment policies and procedures of the facilitating or host organization may give recourse to
the Complainant.
Time Limit on Reporting
There is no time limitation on providing notice/complaints to the Title IX and Compliance Office.
However, if the Respondent is no longer subject to the University’s jurisdiction and/or significant
time has passed, the ability to investigate, respond, and provide remedies may be more limited or
impossible.
Acting on notice/complaints significantly impacted by the passage of time (including, but not
limited to, the rescission or revision of policy) is at the discretion of the Title IX and
Compliance Office, who may document allegations for future reference, offer supportive measures
and/or remedies, and/or engage in informal or formal action, as appropriate.
When notice/complaint is affected by significant time delay, the University will typically apply
the policy in place at the time of the alleged misconduct and the procedures in place at the time
of notice/complaint.
Online Sexual Harassment and/or Retaliation
The policies of the University are written and interpreted broadly to include online manifestations
of any of the behaviors prohibited below, when those behaviors occur in or have an effect on the
University’s educational programs and activities or use the University networks, technology, or
equipment.
Although the University may not control websites, social media, and other venues in which harassing
communications are made, when such communications are reported to the University, it will engage in
a variety of means to address and mitigate the effects.
Members of the community are encouraged to be good digital citizens and to refrain from online
misconduct, such as feeding anonymous gossip sites, sharing inappropriate content via social media,
unwelcome sexual or sex-based messaging, distributing or threatening to distribute revenge
pornography, breaches of privacy, or otherwise using the ease of transmission and/or anonymity of
the Internet or other technology to harm another member of the University community.
Any online posting or other electronic communication by students, including cyber-bullying,
cyber-stalking, cyber-harassment, etc., occurring completely outside of the University’s control
(e.g., not on the University networks, websites, or between University email accounts) will only be
subject to this policy when such online conduct can be shown to cause a substantial in-program
disruption or infringement on the rights of others.
Otherwise, such communications are considered speech protected by the First Amendment. Supportive
measures for Complainants will be provided, but protected speech cannot legally be subjected to
discipline.
Off-campus harassing speech by employees, whether online or in person, may be regulated by the
University only when such speech is made in an employee’s official or work-related capacity.
Definition of Sexual Harassment
The Department of Education’s Office for Civil Rights (OCR) and the Equal Employment Opportunity
Commission (EEOC) regard Sexual Harassment as an unlawful discriminatory practice.
The University has adopted the following definition of Sexual Harassment in order to address the
unique environment of an academic community.
Acts of sexual harassment may be committed by any person upon any other person, regardless of the
sex, sexual orientation, and/or gender identity of those involved.
Sexual Harassment, as an umbrella category, includes the actual or attempted offenses of sexual
harassment, sexual assault, domestic violence, dating violence, and stalking, and is defined as:
Conduct based on sex or that is sexual that satisfies one or more of the following:
Quid Pro Quo Sexual Harassment
An employee of the University conditioning3 the provision of an aid, benefit, or service of the
recipient on an individual’s participation in unwelcome sexual conduct.
Sexual Harassment
Unwelcome conduct determined by a reasonable person to be so objectively offensive, pervasive, and
severe that it effectively denies a person equal access to the recipient’s educational program or
activity.
Sexual Assault
Sex Offenses, Forcible—Any sexual act5 directed against another person, without the consent of the
Complainant including instances where the Complainant is incapable of giving consent.
Forcible Rape
Penetration, no matter how slight, of the vagina or anus with any body part or object, or oral
penetration by a sex organ of another person, without the consent of the Complainant.
Forcible Sodomy
Oral or anal sexual intercourse with another person, forcibly and/or against that person’s will
(non-consensually), or not forcibly or against that person’s will in 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
To use an object or instrument to penetrate, however slightly, the genital or anal opening of the
body of another person, forcibly and/or against that person’s will (non-consensually), or not
forcibly or against the person’s will in instances where the Complainant is incapable of giving
consent because of age or because of temporary or permanent mental or physical incapacity.
Forcible Fondling
The touching of the private body parts of another person (buttocks, groin, breasts) for the purpose
of sexual gratification, forcibly and/or against that person’s will (non-consensually) or not
forcibly or against the person’s will in instances where the Complainant is incapable of giving
consent because of age or because of temporary or permanent mental or physical incapacity.
Sex Offenses, Non-forcible— non-forcible sexual intercourse.
Incest
Non-forcible, sexual intercourse between people who are related to each other within the degrees
wherein marriage is prohibited by Mississippi law.
Statutory Rape
Non-forcible sexual intercourse with a person who is under the statutory age of consent of
Mississippi.
Dating Violence
Violence, based on sex, 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 the persons
involved in the relationship. For the purposes of this definition—
Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such
abuse.
Dating violence does not include acts covered under the definition of domestic violence.
Domestic Violence
A felony or misdemeanor crime of violence committed—
By a current or former spouse or intimate partner of the Complainant. By a person with whom the
Complainant shares a child in common.
By a person who is cohabiting with, or has cohabitated with, the Complainant as a spouse or
intimate partner.
By a person similarly situated to a spouse of the Complainant under the domestic or family violence
Mississippi laws.
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 Mississippi.
*To categorize an incident as Domestic Violence, the relationship between the Respondent and the
Complainant must be more than just two people living together as roommates. The people cohabitating
must be current or former spouses or have an intimate relationship.
Stalking
Engaging in a course of conduct based on sex directed at a specific person that would cause a
reasonable person to—
Fear of the person’s safety or the safety of others; or Suffer substantial emotional distress.
For the purposes of this definition—
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.
Reasonable person means a reasonable person under similar circumstances and with similar identities
to the Complainant.
Substantial emotional distress means significant mental suffering or anguish that may but does not
necessarily require medical or other professional treatment or counseling.
Retaliation
Protected activity under this policy includes reporting an incident that may implicate this policy,
participating in the grievance process, supporting a Complainant or Respondent, assisting in
providing information relevant to an investigation, and/or acting in good faith to oppose conduct
that constitutes a violation of this Policy.
Acts of alleged retaliation should be reported immediately to the Title IX and Compliance Office
and will be promptly investigated. The University will take all appropriate and available steps to
protect individuals who fear that they may be subjected to retaliation.
The University and any member of the University’s community are prohibited from taking materially
adverse action by intimidating, threatening, coercing, harassing, or discriminating against any
individual for the purpose of interfering with any right or privilege secured by law or 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
and procedure.
The exercise of rights protected under the First Amendment does not constitute retaliation.
Charging an individual with a code of conduct violation for making a materially false statement in
bad faith in the course of a grievance proceeding under this policy and procedure does not
constitute retaliation, provided that a determination regarding responsibility, alone, is not
sufficient to conclude that any party has made a materially false statement in bad faith.
Force, Coercion, Consent, and Incapacitation
As used in the offenses above, the following definitions and understandings apply:
Force:
Force is the use of physical violence and/or physical imposition to gain sexual access. Force also
includes threats, intimidation (implied threats), and coercion that is intended to overcome
resistance or produce consent (e.g., “Have sex with me or I’ll hit you,” “Okay, don’t hit me, I’ll
do what you want.”).
Sexual activity that is forced is, by definition, non-consensual, but non-consensual sexual
activity is not necessarily forced. Silence or the absence of resistance alone is not consent.
Consent is not demonstrated by the absence of resistance. While resistance is not required or
necessary, it is a clear demonstration of non-consent.
Coercion:
Coercion is unreasonable pressure for sexual activity. Coercive conduct differs from seductive
conduct based on factors such as the type and/or extent of the pressure used to obtain consent.
When someone makes clear that they do not want to engage in certain sexual activity, that they want
to stop, or that they do not want to go past a certain point of sexual interaction, continued
pressure beyond that point can be coercive
Consent is:
Knowing, and voluntary, and clear permission by word or action to engage in sexual activity.
Individuals may experience the same interaction in different ways. Therefore, it is the
responsibility of each party to determine that the other has consented before engaging in the
activity.
If consent is not clearly provided prior to engaging in the activity, consent may be ratified by
word or action at some point during the interaction or thereafter, but clear communication from the
outset is strongly encouraged.
For consent to be valid, there must be a clear expression in words or actions that the other
individual consented to that specific sexual conduct. Reasonable reciprocation can be implied.
Consent can also be withdrawn once given, if the withdrawal is reasonably and clearly communicated.
If consent is withdrawn, sexual activity should cease within a reasonable time.
Consent to some sexual contact (such as kissing or fondling) cannot be presumed to be consent for
other sexual activity (such as intercourse). A current or previous intimate relationship is not
sufficient to constitute consent.
Proof of consent or non-consent is not a burden placed on either party involved in an incident.
Instead, the burden remains on the University to determine whether its policy has been violated.
The existence of consent is based on the totality of the circumstances evaluated from the
perspective of a reasonable person in the same or similar circumstances, including the context in
which the alleged incident occurred and any similar, previous patterns that may be evidenced.
Consent in relationships must also be considered in context. When parties consent to BDSM or other
forms of kink, non-consent may be shown using a safe word. Resistance, force, violence, or even
saying “no” may be part of the kink and thus consensual, so the University’s evaluation of
communication in kink situations should be guided by reasonableness, rather than strict adherence
to policy that assumes non-kink relationships as a default.
Incapacitation:
A person cannot consent if they are unable to understand what is happening or is disoriented,
helpless, asleep, or unconscious, for any reason, including by alcohol or other drugs. As stated
above, a Respondent violates this policy if they engage in sexual activity with someone who is
incapable of giving consent.
It is a defense to a sexual assault policy violation that the Respondent neither knew nor should
have known the Complainant to be physically or mentally incapacitated. “Should have known” is an
objective, reasonable person standard that assumes that a reasonable person is both sober and
exercise sound judgment.
Incapacitation occurs when someone cannot make rational, reasonable decisions because they lack the
capacity to give knowing/informed consent (e.g., to understand the “who, what, when, where, why, or
how” of their sexual interaction).
Incapacitation is determined through consideration of all relevant indicators of an individual’s
state and is not synonymous with intoxication, impairment, blackout, and/or being drunk.
This policy also covers a person whose incapacity results from a temporary or permanent physical or
mental health condition, involuntary physical restraint, and/or the consumption of incapacitating
drugs.
Mandated Reporting
All University employees (faculty, staff, administrators) are required to report actual or
suspected sexual harassment or retaliation to appropriate officials immediately, though there are
some limited exceptions.
In order to make informed choices, it is important to be aware of confidentiality and mandatory
reporting requirements when consulting campus resources. On campus, some resources may maintain
confidentiality and are not required to report actual or suspected sexual harassment or
retaliation. They may offer options and resources without any obligation to inform an outside
agency or campus official unless a Complainant has requested the information be shared.
If a Complainant expects formal action in response to their allegations, reporting to any Mandated
Reporter can connect them with the Title IX and Compliance Office to report crimes and/or policy
violations, and these employees will immediately pass reports to the Title IX and Compliance
Office, who will act when an incident is reported to them.
The following sections describe the reporting options at the University for a Complainant or
third-party (including parents/guardians when appropriate):
Confidential Resources
If a Complainant would like the details of an incident to be kept confidential, the Complainant may
speak with:
On-campus licensed professional counselors and staff On-campus health service providers and staff
Sexual Assault Prevention Ambassadors
On-campus members of the clergy/chaplains working within the scope of their licensure or ordination
Off-campus (non-employees):
Licensed professional counselors and other medical providers Local rape crisis counselors
Domestic violence resources
Local or state assistance agencies
Clergy/Chaplains
Attorneys
All of the above-listed individuals will maintain confidentiality when acting under the scope of
their licensure, professional ethics, and/or professional credentials, except in extreme cases of
immediacy of threat or danger or abuse of a minor/elder/individual with a disability, or when
required to disclose by law or court order.
Campus counselors and/or the Employee Assistance Program are available to help free of charge and
may be consulted on an emergency basis during normal business hours.
Anonymous notice will be investigated by the University to the extent possible, both to assess the
underlying allegation(s) and to determine if supportive measures or remedies can be provided
However, anonymous notice typically limits the University’s ability to investigate, respond, and
provide remedies, depending on what information is shared.
Mandated Reporters and Formal Notice/Complaints
All employees of the University (including student employees), except for those who are designated
as Confidential Resources, are Mandated Reporters and must promptly share with the Title IX and
Compliance Office all known details of a report made to them in the course of their employment.
Employees must also promptly share all details of behaviors under this policy that they observe or
have knowledge of, even if not reported to them by a Complainant or third-party.
Complainants may want to carefully consider whether they share personally identifiable details with
non-confidential Mandated Reporters, as those details must be shared with the Title IX and
Compliance Office.
Generally, disclosures in climate surveys, classroom writing assignments or discussions, human
subjects research, or at events such as “Take Back the Night” marches or speak-outs do not provide
notice that must be reported to the Compliance Officer by employees, unless the Complainant clearly
indicates that they desire a report to be made or seek a specific response from the University.
Supportive measures may be offered as the result of such disclosures without formal University
action.
Failure of a Mandated Reporter, as described above in this section, to report an incident of sexual
harassment or retaliation of which they become aware is a violation of university policy and can be
subject to disciplinary action for failure to comply.
When a Complainant Does Not Wish to Proceed
If a Complainant does not wish for their name to be shared, does not wish for an investigation to
take place, or does not want a formal complaint to be pursued, they may make such a request to the
Title IX and Compliance Office, who will evaluate that request in light of the duty to ensure the
safety of the campus and to comply with state or federal law.
The Title IX and Compliance Office have ultimate discretion over whether the University proceeds
when the Complainant does not wish to do so, and the Title IX and Compliance Office may sign a
formal complaint to initiate a grievance process upon completion of an appropriate violence risk
assessment.
The Title IX and Compliance Office’s decision should be based on results of the violence risk
assessment that show a compelling risk to health and/or safety that requires the University to
pursue formal action to protect the community.
A compelling risk to health and/or safety may result from evidence of patterns of misconduct,
predatory conduct, threats, abuse of minors, use of weapons, and/or violence.
The University may be compelled to act on alleged employee misconduct irrespective of a
Complainant’s wishes.
The Title IX and Compliance Office must also consider the effect that non-participation by the
Complainant may have on the availability of evidence and the University’s ability to pursue a
Formal Grievance Process effectively.
When the Title IX and Compliance Office execute the written complaint, they do not become the
Complainant. The Complainant is the individual who is alleged to be the victim of conduct that
could constitute a violation of this policy.
When the University proceeds, the Complainant (or their Advisor) may have as much or as little
involvement in the process as they wish. The Complainant retains all rights of a Complainant under
this Policy irrespective of their level of participation. Typically, when the Complainant chooses
not to participate, the Advisor may be appointed as proxy for the Complainant throughout the
process, acting to ensure and protect the rights of the Complainant, though this does not extend to
the provision of evidence or testimony.
Note that the University’s ability to remedy and respond to notice may be limited if the
Complainant does not want the University to proceed with an investigation and/or grievance process.
The goal is to provide the Complainant with as much control over the process as possible, while
balancing the University’s obligation to protect its community.
In cases in which the Complainant requests confidentiality/no formal action and the circumstances
allow the University to honor that request, the University will offer informal resolution options
(see below), supportive measures, and remedies to the Complainant and the community, but will not
otherwise pursue formal action.
If the Complainant elects to take no action, they can change that decision if they decide to pursue
a formal complaint later. Upon making a formal complaint, a Complainant has the right, and can
expect, to have allegations taken seriously by the University, and to have the incidents
investigated and properly resolved through this procedure. Please consider that delays may cause
limitations on access to evidence, or present issues with respect to the status of the parties.
Federal Timely Warning Obligations
Parties reporting sexual assault, domestic violence, dating violence, and/or stalking should be
aware that under the Clery Act, the University must issue timely warnings for incidents reported to
them that pose a serious or continuing threat of bodily harm or danger to members of the campus
community.
The University will ensure that a Complainant’s name and other identifying information is not
disclosed, while still providing enough information for community members to make safety decisions
considering the potential danger.
False Allegations and Evidence
Deliberately false and/or malicious accusations under this policy are a serious offense and will be
subject to appropriate disciplinary action. This does not include allegations that are made in good
faith but are ultimately shown to be erroneous or do not result in a policy violation
determination.
Additionally, witnesses and parties knowingly providing false evidence, tampering with or
destroying evidence, or deliberately misleading an official investigating can be subject to
discipline under university policy.
Amnesty for Complainants and Witnesses
The University community encourages the reporting of misconduct and crimes by Complainants and
witnesses. Sometimes, Complainants or witnesses are hesitant to report to university officials or
participate in grievance processes because they fear that they themselves may be in violation of
certain policies, such as underage drinking or use of illicit drugs at the time of the incident.
Respondents may hesitate to be forthcoming during the process for the same reasons.
It is in the best interests of the University community that Complainants choose to report
misconduct to university officials, that witnesses come forward to share what they know, and that
all parties be forthcoming during the process.
To encourage reporting and participation in the process, the University maintains a policy of
offering parties and witnesses amnesty from minor policy violations – such as underage consumption
of alcohol or the use of illicit drugs – related to the incident.
Amnesty does not apply to more serious allegations such as physical abuse of another or illicit
drug distribution. The decision not to offer amnesty is based on neither sex nor gender, but on the
fact that collateral misconduct is typically addressed for all students within a progressive
discipline system, and the rationale for amnesty – the incentive to report serious misconduct – is
rarely applicable to Respondent with respect to a Complainant.
Students: Sometimes, students are hesitant to assist others for fear that they may get in trouble
themselves (for example, an underage student who has been drinking or using marijuana might
hesitate to help take an individual who has experienced sexual assault to the University Police
Department).
The University maintains a policy of amnesty for students who offer help to others in need.
[Although policy violations cannot be overlooked, the University may provide purely educational
options with no official disciplinary finding, rather than punitive sanctions, to those who offer
their assistance to others in need.]
Employees: Sometimes, employees are hesitant to report sexual harassment or retaliation they have
experienced for fear that they may get in trouble themselves. For example, an employee who has
violated the consensual relationship policy and is then assaulted during that relationship might
hesitate to report the incident to The University officials.
The University may, at its discretion, offer employee Complainants amnesty from such policy
violations related to the incident. Amnesty may also be granted to Respondents and witnesses on a
case-by-case basis.
Federal Statistical Reporting Obligations
Certain campus officials – those deemed Campus Security Authorities – have a duty to report the
following for federal statistical reporting purposes (Clery Act):
All “primary crimes,” which include homicide, sexual assault, robbery, aggravated assault,
burglary, motor vehicle theft, and arson.
Hate crimes, which include any bias-motivated primary crime as well as any bias motivated larceny
or theft, simple assault, intimidation, or destruction/damage/vandalism of property.
VAWA-based crimes,7 which include sexual assault, domestic violence, dating violence, and stalking;
and
Arrests and referrals for disciplinary action for weapons-related law violations, liquor-related
law violations, and drug abuse-related law violations.
All personally identifiable information is kept private, but statistical information must be shared
with [campus law enforcement] regarding the type of incident and its general location (on or
off-campus or in the surrounding area, but no addresses are given) for publication in the Annual
Security Report and daily campus crime log.
Campus Security Authorities include student affairs/student conduct staff, [campus law
enforcement/public safety/security], local police, coaches, athletic directors, residence life
staff, student activities staff, human resources staff, advisors to student organizations, and any
other official with significant responsibility for student and campus activities.
INTERIM GRIEVANCE PROCESS FOR ALLEGED VIOLATIONS OF THE POLICY ON SEXUAL HARASSMENT
Overview
Alcorn State University will act on any formal or informal notice of violation of the Policy that
is received by the Title IX and Compliance Office8 or any other Official with Authority (OWA) by
applying this procedure detailed below.
The procedure below applies only to qualifying allegations of sexual harassment (including sexual
assault, dating violence, domestic violence, and stalking, as defined above) involving students,
staff, administrators, or faculty members.
The procedure below may be used to address collateral misconduct arising from the investigation of
or occurring in conjunction with reported misconduct (e.g., vandalism, physical abuse of another).
All other allegations of misconduct unrelated to incidents covered by the Policy will be addressed
through procedures described in the student, faculty, and staff handbooks.
Notice
Upon receipt of a notice to the Title IX and Compliance Office of an alleged violation of the
Policy, the Title IX and Compliance Office initiate a prompt initial assessment to determine the
next steps the University needs to take.
The Title IX and Compliance Office will initiate at least one of three responses:
Offering supportive measures because the Complainant does not want to file a formal complaint;
and/or
An informal resolution (upon submission of a formal notice); and/or
A formal grievance process including an investigation and a hearing (upon submission of a formal
complaint).
Alcorn State University uses the formal grievance process to determine whether the policy has been
violated. If so, the University will promptly implement effective remedies designed to ensure that
it is not deliberately indifferent to sexual harassment or retaliation, their potential recurrence,
or their effects.
Initial Assessment
Following receipt of notice or a formal complaint of an alleged violation of this Policy, the Title
IX and Compliance Office engage in an initial assessment, typically within five (5) business days.
The steps in an initial assessment can include:
If notice is given, the Title IX and Compliance Office seeks to determine if the person impacted
wishes to make a formal complaint, and will assist them to do so, if desired.
If they do not wish to do so, the Title IX and Compliance Office determine whether to initiate a
formal complaint because a violence risk assessment indicates a compelling threat to health and/or
safety.
If a formal complaint is received, the Title IX and Compliance Office assess its sufficiency and
works with the Complainant to make sure it is correctly completed.
The Title IX and Compliance Office reach out to the Complainant to offer supportive measures.
The Title IX and Compliance Office work with the Complainant to ensure they are aware of the right
to have an Advisor.
The Title IX and Compliance Office work with the Complainant to determine whether the Complainant
prefers a supportive and remedial response, an informal resolution option, or a formal
investigation and grievance process.
If a supportive and remedial response is preferred, the Title IX and Compliance Office work with
the Complainant to identify their wishes, assess the request, and implement them accordingly. No
formal grievance process is initiated, though the Complainant can elect to initiate one later, if
desired.
If an informal resolution option is preferred, the Title IX and Compliance Office assess whether
the misconduct alleged falls within the scope of Title IX and if it is suitable for informal
resolution. The Title IX and Compliance Office may also seek to determine if the Respondent is
willing to engage in informal resolution.
If a formal grievance process is requested, Title IX and Compliance Office determine if the
misconduct alleged falls within the scope of Title IX:
If it does, the Title IX and Compliance Office will initiate the formal investigation and grievance
process, directing the investigation to address:
An incident, and/or
A pattern of alleged misconduct, and/or
A culture/climate concern, based on the nature of the formal complaint.
If it does not, the Title IX and Compliance Office determine that Title IX does not apply (and will
“formally dismiss” that aspect of the formal complaint, if any) and assesses which policies may
apply. Please note that dismissing a formal complaint under Title IX is solely a procedural
requirement. Title IX does not limit the University’s authority to address applicable institutional
violations with an appropriate process and remedies.
Violence Risk Assessment
The Title IX and Compliance Office may determine that a Violence Risk Assessment (VRA) should be
conducted by the University’s CARES Team as part of the initial assessment. A VRA can aid in
critical determinations, including:
Emergency removal of a Respondent based on immediate threat to physical health/safety.
Whether the Title IX and Compliance Office should pursue/sign a formal complaint absent a
willing/able Complainant.
To help identify potential predatory conduct.
Assessment of appropriate sanctions/remedies (to be applied post-hearing) and/or Whether a Clery
Act Timely Warning is needed.
Threat assessment is the process of evaluating the action ability of violence by an individual
against another person or group following the issuance of a direct or conditional threat. A VRA is
a broader term used to assess any potential violence or danger, regardless of the presence of a
vague, conditional, or direct threat.
VRAs require specific training and are typically conducted by psychologists, clinical counselors,
social workers, case managers, law enforcement officers, student conduct officers, or other CARE
team members.
A VRA requested by the Title IX and Compliance Office should occur in collaboration with the CARES
team. Where a VRA is required by the Title IX and Compliance Office, a Respondent refusing to
cooperate will result in an automatic exclusion from campus.
A VRA is not an evaluation for an involuntary behavioral health hospitalization, nor is it a
psychological or mental health assessment. A VRA assesses the risk of actionable violence, often
with a focus on targeted escalations.
Dismissal (Mandatory and Discretionary)
The University must dismiss a formal complaint or any allegations therein if, at any time during
the investigation or hearing, it is determined that:
The conduct alleged in the formal complaint would not constitute sexual harassment as defined
above, even if proved; or
The conduct did not occur in an educational program or activity controlled by Alcorn State
University (including buildings or property controlled by recognized student organizations), and/or
the University does not have control of the Respondent; or
The conduct did not occur against a person in the United States; or
At the time of filing a formal complaint, a complainant is not participating in or attempting to
participate in an educational program or activity of the University.
Alcorn State University may dismiss a formal complaint or any allegations therein if, at any time
during the investigation or hearing:
A Complainant notifies the Title IX and Compliance Office in writing that the Complainant would
like to withdraw the formal complaint or any allegations therein; or
The Respondent is no longer enrolled in or employed by the University; or
Specific circumstances prevent the University from gathering evidence sufficient to reach a
determination as to the formal complaint or allegations therein.
Upon any dismissal, Alcorn State University will promptly send written notice of the dismissal and
the rationale for doing so simultaneously to the parties.
This dismissal decision is appealable by any party. Parties can appeal mandatory and or
discretionary dismissal up to five (5) business days from the official notice of dismissal. The
decision not to dismiss is also appealable by any party claiming that a dismissal is required or
appropriate. A Complainant who decides to withdraw a complaint may later request to reinstate it or
refile it. More information about the grounds for dismissal is listed below in section 37 of this
grievance procedure.
Counterclaims
Alcorn State University is obligated to ensure that the grievance process is not abused for
retaliatory purposes. The University permits the filing of counterclaims but uses an initial
assessment, described above, to assess whether the allegations in the counterclaim are made in good
faith. Counterclaims by a Respondent may be made in good faith, but are, on occasion, also made for
purposes of retaliation. Counterclaims made with retaliatory intent will not be permitted.
Counterclaims determined to have been reported in good faith will be processed using the grievance
procedure below. Investigation of such claims may take place after resolution of the underlying
initial allegation, in which case a delay may occur.
Counterclaims may also be resolved through the same investigation as the underlying allegation, at
the discretion of the Title IX and Compliance Office. When counterclaims are not made in good
faith, they will be considered retaliatory and may constitute a violation of this policy.
Right to an Advisor
The parties may each have an Advisor of their choice present with them for all meetings,
interviews, and hearings within the resolution process, if they choose. The parties may select
whomever they wish to serve as their Advisor if the Advisor is eligible and available.
Who Can Serve as an Advisor
The Advisor may be a friend, mentor, family member, attorney, or any other individual a party
chooses to advise, support, and/or consult with them throughout the resolution process. The parties
may choose Advisors from inside or outside of the University’s community.
The Title IX and Compliance Office will also offer to assign a trained Advisor for any party if the
party chooses. If the parties choose to accept the Advisor from the University, the Advisor will be
trained by the University and be familiar with the University’s resolution process.
If the parties choose an Advisor from outside of those identified/offered by the University, the
Advisor may not be familiar with the University’s policies and procedures.
Parties also have the right to choose not to have an Advisor in the initial stages of the
resolution process, prior to a hearing.
Advisor’s Role in Meetings and Interviews
The parties may be accompanied by their Advisor in all meetings and interviews at which the party
is entitled to be present, including intake and interviews. Advisors should help the parties
prepare for each meeting and are expected to advise ethically, with integrity, and in good faith.
Alcorn State University cannot guarantee equal Advisory rights, meaning that if one party selects
an Advisor who is an attorney, but the other party does not or cannot afford an attorney, the
University is not obligated to provide an attorney.
Advisors in Hearings/Alcorn State University-Appointed Advisor
In accordance with U.S. Department of Education regulations under Title IX, a form of indirect
questioning is required during the hearing but must be conducted by the parties’ Advisors. The
parties are not permitted to directly question each other or any witnesses. If a party does not
have an Advisor for a hearing, the University will appoint a trained Advisor for the limited
purpose of conducting any questioning of the other party and witnesses.
A party may reject this appointment and choose their own Advisor, but they may not proceed without
an Advisor. If the party’s Advisor does not conduct questioning, the University will appoint an
Advisor who will do so thoroughly, regardless of the participation or non-
participation of the advised party in the hearing itself. Extensive questioning of the parties and
witnesses will also be conducted by the Hearing Officer during the hearing.
For representation, respondents may wish to contact organizations such as:
Pre-Interview Meetings
Advisors may request a meeting with the Title IX and Compliance Office in advance of interviews or
meetings. This pre-meeting allows Advisors to clarify and understand their role and the
University’s policies and procedures.
Advisor Violations of Alcorn State University Policy
All Advisors are subject to the same University policies and procedures, whether they are attorneys
or not. Advisors are expected to give their advisees without disrupting proceedings.
Advisors should not address Alcorn State University officials in a meeting or interview unless
invited to (e.g., asking procedural questions). The Advisor may not make a presentation or
represent their advisee14 during any meeting or proceeding and may not speak on behalf of the
advisee to the Investigators or Hearing Officer except during a hearing proceeding, during
cross-examination. The parties are expected to ask and respond to questions on their own behalf
throughout the investigation phase of the resolution process. Although the Advisor generally may
not speak on behalf of their advisee, the Advisor may consult with their advisee, either privately
as needed, or by conferring or passing notes during any resolution process meeting or interview.
For longer or more involved discussions, the parties and their Advisors should ask for breaks to
allow private consultation. Any Advisor who oversteps their role as defined by this policy will be
warned only once. If the Advisor continues to disrupt or otherwise fails to respect the limits of
the Advisor role, the meeting will end, or other appropriate measures implemented. Subsequently,
the Title IX and Compliance Office will determine how to address the Advisor’s non-compliance and
future role.
Sharing Information with the Advisor
Alcorn State University expects that the parties may wish to have the University share
documentation and evidence related to the allegations with their Advisors. Parties may share this
information directly with their Advisor or other individuals if they wish. Doing so may help the
parties participate more meaningfully in the resolution process. Alcorn State University also
provides a consent form that authorizes the University to share such information directly with
their Advisor. The parties must either complete and submit this form to the Title IX and Compliance
Office or provide similar documentation demonstrating consent to the release of information to the
Advisor before the University is able to share records with an Advisor. Advisors are expected to
maintain the privacy of the records shared
with them. These records may not be shared with third parties, disclosed publicly, or used for
purposes not explicitly authorized by Alcorn State University.
Expectations of an Advisor
Alcorn State University generally expects an Advisor to adjust their schedule to allow them to
attend the University’s meetings when planned but may change scheduled meetings to accommodate an
Advisor’s inability to attend, if doing so does not cause an unreasonable delay. Alcorn State
University may also make reasonable provisions to allow an Advisor who cannot attend in person to
attend a meeting by telephone, video conferencing, or other similar technologies may be convenient
and available.
Expectations of the Parties with Respect to Advisors
A party may elect to change Advisors during the process and is not obligated to use the same
Advisor throughout. The parties are expected to inform the Title IX and Compliance Office of the
identity of their Advisor at least two (2) business days before the date of their first meeting
with SHIP Investigators (or as soon as possible if a more expeditious meeting is necessary or
desired). The parties are expected to provide timely notice to the Title IX and Compliance Office
if they change Advisors at any time. It is assumed that if a party changes Advisors, consent to
share information with the previous Advisor is terminated, and a release for the new Advisor must
be secured. Parties are expected to inform the Title IX and Compliance Office of the identity of
their hearing Advisor at least two (2) business days before the hearing.
Resolution Processes
Resolution proceedings are private. All people present at any time during the resolution process
are expected to maintain the privacy of the proceedings in accordance with Alcorn State University
policy. Although there is an expectation of privacy around what SHIP Investigators share with
parties during interviews, the parties have discretion to share their own knowledge and evidence
with others if they so choose, except for information the parties agree not to disclose related to
informal resolution, discussed below. The University encourages parties to discuss any sharing of
information with their Advisors before doing so.
Informal Resolution
Informal resolution can include three different approaches:
When the Title IX and Compliance Office can resolve the matter informally by providing supportive
measures (only) to remedy the situation.
When the parties agree to resolve the matter through an alternate resolution mechanism such as
mediation, usually before a formal investigation takes place.
When the Respondent accepts responsibility for violating policy, and desires to accept a sanction
and end the resolution process (similar to above, but usually occurs post- investigation); see
discussion in b., below.
To initiate informal resolution, a Complainant needs to submit a formal complaint, as defined
above. A Respondent who wishes to initiate informal resolution should contact the Title IX and
Compliance Office.
It is not necessary to pursue informal resolution first in order to pursue a formal grievance
process, and any party participating in informal resolution can stop the process at any time and
begin or resume the formal grievance process.
Prior to implementing informal resolution, the University will provide the parties with written
notice of the reported misconduct and any sanctions or measures that may result from participating
in such a process, including information regarding any records that will be maintained or shared by
the University.
Alcorn State University will obtain voluntary, written confirmation that all parties wish to
resolve the matter through informal resolution before proceeding and will not pressure the parties
to participate in informal resolution.
The ultimate determination of whether informal resolution is available or successful is to be made
by the Title IX and Compliance Office. The Title IX and Compliance Office maintains records of any
resolution that is reached, and failure to abide by the resolution agreement may result in
appropriate responsive/disciplinary actions. Results of formal complaints resolved by informal
resolution are not appealable.
Respondent Accepts Responsibility for Alleged Violations
The Respondent may accept responsibility for all or part of the alleged policy violations at any
point during the resolution process. If the Respondent indicates an intent to accept responsibility
for all of the alleged misconduct, the formal hearing process will be paused, and the Title IX and
Compliance Office will determine whether informal resolution can be used according to the criteria
below.
The Title IX and Compliance Office may look to the following factors to assess whether informal
resolution is appropriate:
The parties’ amenability to informal resolution The parties’ motivation to participate
Results of a violence risk assessment/ongoing risk analysis Disciplinary history
Complaint complexity Goals of the parties
If informal resolution is applicable, the Title IX and Compliance Office will determine whether all
parties and the University are able to agree on responsibility, sanctions, and/or remedies. If so,
the Title IX and Compliance Office implements the accepted finding that the Respondent is in
violation of the University policy and implements agreed-upon sanctions and/or remedies, in
coordination with other appropriate administrator(s), as necessary.
This result is not subject to appeal once all parties indicate their written assent to all agreed
upon terms of resolution. When the parties cannot agree on all terms of resolution, the formal
grievance process will resume at the same point where it was paused.
When a resolution is accomplished, the appropriate sanction or responsive actions are promptly
implemented in order to effectively stop the sexual harassment or retaliation, prevent its
recurrence, and remedy the effects of the discriminatory conduct, both on the Complainant and the
community.
Pool of Committee Members
Members of the Pool are trained annually, and can serve in in the following roles, at the direction
of the Title IX and Compliance Office:
To provide appropriate intake of and initial guidance pertaining to notices To act as an Advisor to
the parties
To serve in a facilitation role in informal resolution if appropriately trained in appropriate
resolution modalities (e.g. mediation)
To investigate formal complaints To serve as a Hearing Facilitator To serve as a Hearing Officer
To serve as an Appeal Officer Pool Member Training
The Pool members receive annual training. This training includes, but is not limited to:
The scope of the University’s Sexual Harassment Policy and Procedure
How to conduct investigations and hearings that protect the safety of Complainants and Respondents,
and promote accountability
Implicit bias
Disparate treatment and impact
Reporting, confidentiality, and privacy requirements
Applicable laws, regulations, and federal regulatory guidance How to implement appropriate and
situation-specific remedies
How to investigate in a thorough, reliable, and impartial manner How to weigh evidence
How to conduct questioning How to assess credibility Impartiality and objectivity
How to render findings and generate clear, concise, evidence-based rationales The definitions of
all offenses
How to apply definitions used by the University with respect to consent (or the absence or negation
of consent) consistently, impartially, and in accordance with policy
How to conduct an investigation and grievance process including hearings, appeals, and informal
resolution processes
How to serve impartially by avoiding prejudgment of the facts at issue, conflicts of interest, and
bias
Any technology to be used at a live hearing
Issues of relevance of questions and evidence
Issues of relevance to create an investigation report that fairly summarizes relevant evidence
How to determine appropriate sanctions in reference to all forms of harassment and/or retaliation
allegations
Recordkeeping
Specific training is also provided for Appeal Officers, Advisors (who are University
employees), and Hearing Officers. All Pool members are required to attend these trainings annually.
The materials used to train all members of the Pool are publicly posted here:
Formal Grievance Process: Notice of Investigation and Allegations
The Title IX and Compliance Office will provide written notice of the investigation and
allegations (the “NOIA”) to the Respondent upon commencement of the formal grievance process. This
facilitates the Respondent’s ability to prepare for the interview and to identify and choose an
Advisor to accompany them. The NOIA is also copied to the Complainant, who is to be given advance
notice of when the NOIA will be delivered to the Respondent.
The NOIA will include:
A meaningful summary of all of allegations,
The identity of the involved parties (if known), The precise misconduct being alleged,
The date and location of the alleged incident(s) (if known), The specific policies implicated,
A description of the applicable procedures,
A statement of the potential sanctions/responsive actions that could result,
A statement that the University presumes the Respondent is not responsible for the reported
misconduct unless and until the evidence supports a different determination,
A statement that determinations of responsibility are made at the conclusion of the
process and that the parties will be given an opportunity to inspect and review all directly
related and/or relevant evidence obtained during the review and comment period,
A statement about the University’s policy on retaliation, Information about the privacy of the
process,
Information on the need for each party to have an Advisor of their choosing and suggestions for
ways to identify an Advisor,
A statement informing the parties that the University’s Policy prohibits knowingly making false
statements, including knowingly submitting false information during the resolution process,
Detail on how the party may request disability accommodation during the interview process,
The name(s) of the SHIP Investigators, along with a process to identify, in advance of the
interview process, to the Title IX and Compliance Office any conflict of interest that the SHIP
Investigators may have, and
An instruction to preserve any evidence that is directly related to the allegations.
Notice will be made in writing and may be delivered by one or more of the following methods: in
person or emailed to the parties’ University-issued email or designated accounts. Once emailed
and/or received in-person, notice will be presumptively delivered.
Resolution Timeline
Alcorn State University will make a good effort to complete the resolution process within
sixty-to-ninety (60-90) business days. This timeframe includes appeals, which can be extended as
necessary for appropriate purposes by the Title IX and Compliance Office. For any extensions or
delays the Title IX and Compliance Office will provide notice and rationale to the parties as
appropriate, as well as an estimate of how much additional time will be needed to complete the
process.
Appointment of SHIP Investigators
Once the decision to commence a formal investigation is made, the Title IX and Compliance Office
appoint Pool members to conduct the investigation (typically using a team of three Investigators),
usually within five (5) business days of determining that an investigation should proceed.
Ensuring Impartiality
Any individual materially involved in the administration of the formal grievance process [including
the Title IX and Compliance Office, Investigators, and Hearing Officer(s)] may neither have nor
demonstrate a conflict of interest or bias for a party generally, or for a specific Complainant or
Respondent.
The Title IX and Compliance Office will vet the assigned SHIP Investigators to ensure impartiality
by ensuring there are no actual or apparent conflicts of interest or disqualifying biases. The
parties may, at any time during the formal grievance process, raise a concern regarding bias or
conflict of interest, and the Title IX and Compliance Office will determine whether the concern is
reasonable and supportable. If so, another Pool member will be assigned and the impact of bias or
conflict, if any, will be remedied. If the source of conflict or bias is the Title IX and
Compliance Office, concerns should be raised with the Director of Ethics and Compliance.
The formal grievance process involves an objective evaluation of all relevant evidence obtained,
including evidence that supports that the Respondent engaged in a policy violation as well as
evidence that supports that the Respondent did not engage in a policy violation. Credibility
determinations may not be based solely on an individual’s status or participation as a Complainant,
Respondent, or witness.
Alcorn State University operates with the presumption that the Respondent is not responsible for
the reported misconduct unless and until the Respondent is determined to be responsible for a
policy violation by the applicable standard of proof (i.e. preponderance of the evidence).
Investigation Timeline
The investigation phase is typically completed within thirty (30) business days. However, some
investigations may take weeks or even months, depending on the nature, extent, and complexity of
the allegations, availability of witnesses, police involvement, etc.
Alcorn State University will make a good faith effort to complete investigations as promptly as
circumstances permit and will communicate regularly with the parties to update them on the progress
and timing of the investigation.
Delays in the Investigation Process and Interactions with Law Enforcement
The University will communicate in writing the anticipated duration of the delay and reason to the
parties and provide the parties with status updates if necessary. The University will promptly
resume its investigation and resolution process as soon as feasible. During such a delay, the
University will implement supportive measures as deemed appropriate.
Alcorn State University action(s) or processes are not typically altered or precluded on the
grounds that civil or criminal charges involving the underlying incident(s) have been filed or that
criminal charges have been dismissed or reduced.
Steps in the Investigation Process
All investigations are thorough, reliable, impartial, prompt. Investigations involve interviews
with all relevant parties and witnesses; obtaining available, relevant evidence; and identifying
sources of expert information, as necessary.
All parties have an opportunity, through the investigation process, to suggest witnesses and
questions, to provide evidence and expert witnesses, and to fully review and respond to all
evidence on the record.
The Investigators typically take(s) the following steps, if not already completed (not necessarily
in this order):
Commence a thorough, reliable, and impartial investigation by identifying issues and developing a
strategic investigation plan, including a witness list, evidence list, intended investigation
timeframe, and order of interviews for all witnesses and the parties
Provide each interviewed party and witness an opportunity to review and verify the Investigator’s
transcript/report of the relevant evidence/testimony from their respective interviews and meetings
Interview all available, relevant witnesses and conduct follow-up interviews as necessary
Allow each party the opportunity to suggest witnesses and questions they wish the Investigators to
ask of the other party and witnesses, and document in the report which questions were asked, with a
rationale for any changes or omissions
Complete the investigation promptly and without unreasonable deviation from the intended timeline
Prior to the conclusion of the investigation, provide the parties and their respective Advisors (if
so desired by the parties) with a list of witnesses whose information will be used by the hearing
officers to render a finding
Write a comprehensive investigation report fully summarizing the investigation, all witness
interviews, and addressing all relevant evidence. Appendices including relevant physical or
documentary evidence will be included
The Investigators gather, assess, and synthesize evidence, but make no conclusions, engage in no
policy analysis, and render no recommendations as part of their report
Prior to the conclusion of the investigation, provide the parties and their respective Advisors (if
so desired by the parties) a secured electronic or hard copy of the draft investigation report
Provide an opportunity to inspect and review all of the evidence obtained as part of the
investigation that is directly related to the reported misconduct, including evidence upon which
the University does not intend to rely in reaching a determination, for a ten (10) business day
review and comment period so that each party may meaningfully respond to the evidence. The parties
may elect to waive the full ten days. Each copy of the materials shared will be watermarked on each
page with the role of the person receiving it (e.g., Complainant, Respondent, Complainant’s
Advisor, Respondent’s Advisor)
The Investigators may elect to respond in writing in the investigation report to the parties’
submitted responses and/or to share the responses between the parties for additional responses
The Investigators will incorporate relevant elements of the parties’ written responses into the
final investigation report, include any additional relevant evidence, make any necessary revisions,
and finalize the report. The SHIP Investigators should document all rationales for any changes made
after the review and comment period
The Investigators shares the report with the Title IX and Compliance Office and/or legal counsel
for their review and feedback
The Investigators will incorporate any relevant feedback, and the Title IX and Compliance Office
then shares the final report with all parties and their Advisors through secure electronic
transmission or hard copy at least ten (10) business days prior to a hearing. The parties are also
provided with a file of any directly related evidence that was not included in the report
Role and Participation of Witnesses in the Investigation
Witnesses (as distinguished from the parties) who are employees of Alcorn State University are
expected to cooperate with and participate in the University’s investigation and resolution
process. Failure of such witnesses to cooperate with and/or participate in the investigation or
resolution process constitutes a violation of policy and may warrant discipline.
Although in-person interviews for parties and all potential witnesses are ideal,
circumstances (e.g., study abroad, summer break) may require individuals to be interviewed
remotely. Skype, Zoom, FaceTime, WebEx, or similar technologies may be used for interviews if the
SHIP Investigators determine that timeliness or efficiency dictates a need for remote interviewing.
The University will take appropriate steps to reasonably ensure the security/privacy of remote
interviews.
If a witness submits a written statement but does not intend to be and is not present for
cross-examination at a hearing, their written statement may not be used as evidence.
Recording/Transcription of Interviews
No unauthorized audio or video recording of any kind is permitted during investigation meetings.
Investigators will have audio recordings of interviews; all involved parties will be made aware of
any audio recording. Transcripts of interview recordings will be made available to the parties.
Evidentiary Considerations in the Investigation
The investigation does not consider: 1) incidents not directly related to the possible violation,
unless they evidence a pattern; 2) the character of the parties; or 3) questions and evidence
about the Complainant’s sexual predisposition or prior sexual behavior, unless such questions and
evidence about the Complainant’s prior sexual behavior are offered to prove that someone other than
the Respondent committed the conduct alleged by the Complainant, or if the questions and evidence
concern specific incidents of the Complainant’s prior sexual behavior with respect to the
Respondent and are offered to prove consent.
Referral for Hearing
Provided that a formal complaint of sexual harassment is not resolved through informal resolution,
once the final investigation report is shared with the parties, the Title IX and Compliance Office
will refer the matter for a hearing.
The hearing cannot be less than ten (10) business days from the conclusion of the investigation
–when the final investigation report is transmitted to the parties and the Hearing Officer–unless
all parties and the Hearing Officer agree to an expedited timeline.
Hearing Officer Composition
Alcorn State University will designate a single Hearing Officer. The Hearing Officer will not have
had any previous involvement with the investigation.
The Title IX and Compliance Office may not serve as a Hearing Officer in the matter but may serve
as an administrative facilitator of the hearing if their previous role(s) in the matter do not
create a conflict of interest. Otherwise, a designee may fulfill this role. The hearing will
convene at a time determined by the Title IX and Compliance Office.
Notice of Hearing
No less than ten (10) business days prior to the hearing, the Title IX and Compliance Office will
send notice of the hearing to the parties. Once emailed and/or received in-person, notice will be
presumptively delivered.
The notice will contain:
A description of the alleged violation(s), a list of all policies allegedly violated, a description
of the applicable procedures, and a statement of the potential sanctions/responsive actions that
could result.
The time, date, and location of the hearing.
Any technology that will be used to facilitate the hearing. Information about the option for the
live hearing to occur with the parties located in separate rooms using technology that
enables the Hearing Officer and parties to see and hear a party or witness answering questions.
A list of all those who will attend the hearing, along with an invitation to object to any Hearing
Officer on the basis of demonstrated bias. This must be raised with the Title IX and Compliance
Office at least ten (10) business days prior to the hearing.
Information on how the hearing will be recorded and transcribed as well as how to request
transcript/recording of the hearing for the parties.
A statement that if any party or witness does not appear at the scheduled hearing, the hearing may
be held in their absence, and the party’s or witness’s testimony and any statements given prior to
the hearing will not be considered by the Hearing Officer. For compelling reasons, the Title IX and
Compliance Office may reschedule the hearing.
Notification that the parties may have the assistance of an Advisor of their choosing at the
hearing and will be required to have one present for any questions they may desire to ask. The
party must notify the Title IX and Compliance Office if they do not have an Advisor, and the
University will appoint one. Each party must have an Advisor present. There are no exceptions.
A copy of all the materials provided to the Hearing Officer about the matter, unless they have been
provided already.16
An invitation to each party to submit to the Hearing Officer an impact statement pre-hearing that
the Hearing Officer will review during any sanction determination.
An invitation to contact the Title IX and Compliance Office to arrange any disability
accommodations, language assistance, and/or interpretation services that may be needed at the
hearing, at least seven (7) business days prior to the hearing.
Hearings for possible violations that occur near or after the end of an academic term (assuming the
Respondent is still subject to this Policy) and are unable to be resolved prior to the end of term
will typically be held immediately after the end of the term or during the summer, as needed, to
meet the resolution timeline followed by the University and remain within the 60-90 business day
goal for resolution.
Evidentiary Considerations in the Hearing
Any evidence that the Hearing Officer determine(s) is relevant and credible may be considered. The
hearing does not consider: 1) incidents not directly related to the possible violation, unless they
evidence a pattern; 2) the character of the parties; or 3) questions and evidence about the
Complainant’s sexual predisposition or prior sexual behavior, unless
such questions and evidence about the Complainant’s prior sexual behavior are offered to prove that
someone other than the Respondent committed the conduct alleged by the Complainant, or if the
questions and evidence concern specific incidents of the Complainant’s prior sexual behavior with
respect to the Respondent and are offered to prove consent.
Previous disciplinary action of any kind involving the Respondent may be considered in determining
an appropriate sanction upon a determination of responsibility. This information is only
considered at the sanction stage of the process and is not shared until then.
The parties may each submit a written impact statement prior to the hearing for the consideration
of the Hearing Officer at the sanction stage of the process when a determination of responsibility
is reached.
After post-hearing deliberation, the Hearing Officer renders a determination based on the
preponderance of the evidence; whether it is more likely than not that the Respondent violated the
Policy as alleged.
Alternative Hearing Participation Options
If a party or parties prefer not to attend or cannot attend the hearing in person, the party should
request alternative arrangements from the Title IX and Compliance Office at least five
(5) business days prior to the hearing.
The Title IX and Compliance Office can arrange to use technology to allow remote testimony without
compromising the impartiality of the hearing. Remote options may also be needed for witnesses who
cannot appear in person. Any witness who cannot attend in person should let the Title IX and
Compliance Office know at least five (5) business days prior to the hearing so that appropriate
arrangements can be made.
Pre-Hearing Preparation
The Title IX and Compliance Office after any necessary consultation with the parties and/or SHIP
Investigators will provide the names of persons who will be participating in the hearing, all
pertinent documentary evidence, and the final investigation report to the parties at least ten (10)
business days prior to the hearing.
Any witness scheduled to participate in the hearing must have been first interviewed by the SHIP
Investigators [or have proffered a written statement or answered written questions], unless all
parties and the Hearing Officer assent to the witness’s participation in the hearing. The same
holds for any evidence that is first offered at the hearing. If the parties and Hearing Officer do
not assent to the admission of evidence newly offered at the hearing, the Hearing
Officer may delay the hearing and instruct that the investigation needs to be re-opened to consider
that evidence.
The parties will be given the name of the Hearing Officer at least ten (10) business days in
advance of the hearing. All objections to any Hearing Officer must be raised in writing, detailing
the rationale for the objection, and must be submitted to the Title IX and Compliance Office as
soon as possible and no later than five (5) business days prior to the hearing. The Hearing Officer
will only be removed if the Title IX and Compliance Office concludes that their bias or conflict of
interest precludes an impartial hearing of the allegation(s).
The Title IX and Compliance Office will give the Hearing Officer a list of the names of all
parties, witnesses, and Advisors at least ten (10) business days in advance of the hearing. Any
Hearing Officer who cannot make an objective determination must recuse themselves from the
proceedings when notified of the identity of the parties, witnesses, and Advisors in advance of the
hearing. If a Hearing Officer is unsure of whether a bias or conflict of interest exists, they must
raise the concern to the Title IX and Compliance Office as soon as possible.
During the ten (10) business day period prior to the hearing, the parties have the opportunity for
continued review and comment on the final investigation report and available evidence. That review
and comment can be shared with the Hearing Officer at the hearing and will be exchanged between
each party by the Hearing Officer.
Hearing Procedures
At the hearing, the Hearing Officer has the authority to hear and make determinations on all
allegations of sexual harassment and/or retaliation.
Participants at the hearing will include the Hearing Officer, the Hearing Facilitator, the Chair
for the SHIP Investigators, the parties Advisors, any called witnesses, the Title IX and Compliance
Office, and anyone providing authorized accommodations or assistive services.
The Hearing Facilitator and the Title IX and Compliance Office will answer all questions of
procedure. Anyone appearing at the hearing to provide information will respond to questions on
their own behalf.
The Hearing Officer will allow witnesses who have relevant information to appear at a portion of
the hearing in order to respond to specific questions from the Hearing Officer and the parties and
will then be excused.
Joint Hearings
In hearings involving more than one Respondent or in which two (2) or more Complainants have
accused the same individual of substantially similar conduct, the default procedure will be to hear
the allegations jointly.
However, the Title IX and Compliance Office may permit the investigation and/or hearings pertinent
to each Respondent to be conducted separately if there is a compelling reason to do so. In joint
hearings, separate determinations of responsibility will be made for each Respondent with respect
to each alleged policy violation.
The Order of the Hearing – Introductions and Explanation of Procedure
The Hearing Facilitator will attend to: logistics of rooms for various parties/witnesses as they
wait; flow of parties/witnesses in and out of the hearing space; ensuring recording and/or virtual
conferencing technology is working as intended; copying and distributing materials to participants,
as appropriate, etc.
The Hearing Officer who also serves as the decision-maker explains the procedures and introduces
the participants.
SHIP Investigator Presents the Final Investigation Report
The Chair SHIP Investigator will then present a summary of the final investigation report,
including items that are contested and those that are not, and will be subject to questioning by
the Hearing Officer and the parties (through their Advisors). The Chair SHIP Investigator will be
present during the entire hearing process, but will be excused when the hearing officer begins
their deliberations.
Neither the parties nor the Hearing Officer should ask the Chair SHIP Investigator their opinions
on credibility, recommended findings, or determinations, and the Chair SHIP Investigator, Advisors,
and parties will refrain from discussion of or questions about these assessments. If such
information is introduced, the Hearing Officer will direct that it be disregarded.
Testimony and Questioning
Once the Chair SHIP Investigator presents the final investigation report and is questioned, the
parties and witnesses may provide relevant information in turn, beginning with the Complainant, and
then in the order determined by the Hearing Officer. The parties/witnesses will submit to
questioning by the Hearing Officer and then by the parties through their Advisors
(“cross-examination”).
All questions are subject to a relevance determination by the Hearing Officer. The Advisor, who
will remain seated during questioning, will pose the proposed question orally,
electronically, or in writing, the proceeding will pause to allow the Hearing Officer to consider
it (and state it if it has not been stated aloud), and the Hearing Officer will determine whether
the question will be permitted, disallowed, or rephrased.
The Hearing Officer may invite explanations or persuasive statements regarding relevance with the
Advisors. The Hearing Officer will then state their decision on the question for the record and
advise the party/witness to whom the question was directed, accordingly. The Hearing Officer will
explain any decision to exclude a question as not relevant, or to reframe it for relevance.
The Hearing Officer will limit or disallow questions on the basis that they are irrelevant, unduly
repetitious (and thus irrelevant), or abusive. The Hearing Officer has final say on all questions
and determinations of relevance. The Hearing Officer may consult with legal counsel on any
questions of admissibility. The Hearing Officer may ask Advisors to frame why a question is or is
not relevant from their perspective but will not entertain argument from the Advisors on relevance
once the Hearing Officer has ruled on a question.
If the parties raise an issue of bias or conflict of interest of an Investigator or Hearing Officer
at the hearing, the Title IX and Compliance Office may elect to address those issues, consult with
legal counsel, and/or preserve them for appeal. If bias is not in issue at the hearing, the Hearing
Officer should not permit irrelevant questions that probe for bias.
Refusal to Submit to Cross-Examination and Inferences
If a party or witness chooses not to submit to cross-examination at the hearing, either because
they do not attend the hearing, or they attend but refuse to participate in questioning, then the
Hearing Officer may not rely on any prior statement made by that party or witness in the ultimate
determination of responsibility. This would include those statements contained in the investigative
report. The Hearing Officer must disregard that statement. Evidence provided that is something
other than a statement by the party or witness may be considered.
The Hearing Officer may not draw any inference solely from a party’s or witness’s absence from the
hearing or refusal to answer cross-examination or other questions.
If a party’s Advisor of choice refuses to comply with the University’s established rules of decorum
for the hearing, the University may require the party to use a different Advisor. If a
University-provided Advisor refuses to comply with the rules of decorum, the University may provide
that party with a different Advisor to conduct cross-examination on behalf of that party.
Recording/Transcriptions of Hearings
Hearings (but not deliberations) are recorded and transcribed by the University for purposes of
review in the event of an appeal. The parties may not record the proceedings and no other
unauthorized recordings are permitted.
The Hearing Officer, the parties, their Advisors, and appropriate administrators of the University
will be permitted to listen to the recording or read the transcription in a controlled environment
determined by the Title IX and Compliance Office. No person will be given or be allowed to make a
copy of the recording or transcription without permission of the Title IX and Compliance Office.
Deliberation, Decision-making, and Standard of Proof
The Hearing Officer will deliberate in closed session to determine whether the Respondent is
responsible or not responsible for the policy violation(s) in question. The preponderance of the
evidence standard of proof is used. The Hearing Facilitator may be invited to attend the
deliberation by the Hearing Officer, but is there only to facilitate procedurally, not to address
the substance of the allegations.
When there is a finding of responsibility on one or more of the allegations, the Hearing Officer
may then consider the previously submitted party impact statements in determining appropriate
sanction(s).
The Title IX and Compliance Office will ensure that each of the parties has an opportunity to
review any impact statement submitted by the other party(ies). The Hearing Officer may – at their
discretion – consider the statements, but they are not binding.
The Hearing Officer will review the statements and any pertinent conduct history provided by
appropriate administrators and will determine the appropriate sanction(s) in consultation with
other appropriate administrators, as required.
The Hearing Officer will then prepare a written finding of facts and conclusions statement and
deliver it to the Title IX and Compliance Office, detailing the determination, rationale, the
evidence used in support of its determination, the evidence not relied upon in its determination,
credibility assessments, and any sanctions.
The finding of facts and conclusions statement must be submitted to the Title IX and Compliance
Office within ten (10) business days of the end of deliberations, unless the Title IX and
Compliance Office grants an extension. If an extension is granted, the Title IX and Compliance
Office will notify the parties.
Notice of Outcome
Using the findings of facts and conclusions, the Title IX and Compliance Office will prepare a
Notice of Outcome in collaboration with the Hearing officer. Legal counsel will then review the
Notice of Outcome. The Title IX and Compliance Office will then share the letter, including the
final determination, rationale, and any applicable sanction(s) with the parties and their Advisors
within five (5) business days of receiving the Hearing Officer’s finding of facts and conclusions
statement.
The Notice of Outcome will then be shared with the parties simultaneously. Notification will be
made in writing and may be delivered by one or more of the following methods: in person or emailed
to the parties’ University-issued email or otherwise approved account. Once emailed and/or received
in-person, notice will be presumptively delivered.
The Notice of Outcome will articulate the specific policy(ies) reported to have been violated,
including the relevant policy section, and will contain a description of the procedural steps taken
by the University from the receipt of the misconduct report to the determination, including any and
all notifications to the parties, interviews with parties and witnesses, site visits, methods used
to obtain evidence, and hearings held.
The Notice of Outcome will specify the finding on each alleged policy violation; the findings of
fact that support the determination; conclusions regarding the application of the relevant policy
to the facts at issue; a statement of, and rationale for, the result of each allegation to the
extent the University is permitted to share such information under state or federal law; any
sanctions issued which the University is permitted to share according to state or federal law; and
any remedies provided to the Complainant designed to ensure access to the University’s educational
or employment program or activity, to the extent the University is permitted to share such
information under state or federal law (this detail is not typically shared with the Respondent
unless the remedy directly relates to the Respondent).
The Notice of Outcome will also include information on when the results are considered by the
University to be final, any changes that occur prior to finalization, and the relevant procedures
and bases for any available appeal options.
Statement of the Rights of the Parties (see Appendix A)
Sanctions
Factors considered when determining a sanction/responsive action may include, but are not limited
to:
The nature, severity of, and circumstances surrounding the violation(s) The Respondent’s
disciplinary history
Previous allegations or allegations involving similar conduct
The need for sanctions/responsive actions to bring an end to the sexual Harassment and/or
retaliation
The need for sanctions/responsive actions to prevent the future recurrence of sexual harassment
and/or retaliation
The need to remedy the effects of the sexual harassment and/or retaliation on the Complainant and
the community
The impact on the parties
Any other information deemed relevant by the Hearing Officer
The sanctions will be implemented as soon as is feasible, either upon the outcome of any appeal or
the expiration of the window to appeal without an appeal being requested.
The sanctions described in this policy are not exclusive of, and may be in addition to, other
actions taken or sanctions imposed by external authorities.
Student Sanction
The following are the usual but not an exhaustive list of sanctions17 that may be imposed upon
students;
Warning: A formal statement that the conduct was unacceptable and a warning that further violation
of any University policy, procedure, or directive will result in more severe sanctions/responsive
actions.
Required Counseling: A mandate to meet with and engage in either University-sponsored or external
counseling to better comprehend the misconduct and its effects.
Probation: A written reprimand for violation of institutional policy, providing for more severe
disciplinary sanctions in the event that the student or organization is found in violation of any
institutional policy, procedure, or directive within a specified period of time. Terms of the
probation will be articulated and may include denial of specified social privileges, exclusion from
co-curricular activities, exclusion from designated areas of campus, no-contact orders, and/or
other measures deemed appropriate.
Suspension: Termination of student status for a definite period of time not to exceed two years
and/or until specific criteria are met. Students who return from suspension are
automatically placed on probation through the remainder of their tenure as a student at the
University.
Expulsion: Permanent termination of student status and revocation of rights to be on campus for any
reason or to attend University-sponsored events. This sanction will be noted permanently as a
Conduct Expulsion on the student’s official transcript, subject to any applicable expungement
policies.
Loss of Commencement Participation: The University can deny a student participation in commencement
activities as a sanction.
Other Actions: In addition to or in place of the above sanctions, the University may assign any
other sanctions as deemed appropriate.
Employee Sanctions/Responsive Actions
Responsive actions for an employee who has engaged in harassment and/or retaliation can include:
Warning – Verbal or Written
Performance Improvement Plan/Management Process Enhanced supervision, observation, or review
Required Counseling
Required Training or Education Probation
Denial of Pay Increase/Pay Grade
Loss of Oversight or Supervisory Responsibility Demotion
Transfer
Reassignment
Delay of tenure track progress Assignment to new supervisor
Restriction of stipends, research, and/or professional development resources Suspension with pay
Suspension without pay Termination
Other Actions: In addition to or in place of the above sanctions/responsive actions, the University
may assign any other responsive actions as deemed appropriate.
Withdrawal or Resignation While Charges Pending
Students
Should a student decide to not participate in the resolution process, the process proceeds absent
their participation to a reasonable resolution. Should a student Respondent permanently withdraw
from the University, the resolution process ends, as the University no longer has disciplinary
jurisdiction over the withdrawn student. However, the University will continue to address and
remedy any systemic issues, variables that may have contributed to the alleged violation(s), and
any ongoing effects of the alleged sexual harassment and/or retaliation. It is the University’s
discretion to withhold readmission to an educational program regarding pending and or dropped
allegations when the University once again has disciplinary jurisdiction over a previously
withdrawn student.
If the student Respondent only withdraws or takes a leave for a specified period of time (e.g., one
semester or term), the resolution process may continue remotely and that student is not permitted
to return to the University unless and until all sanctions have been satisfied.
Employees
Should an employee Respondent resign with unresolved allegations pending, the resolution process
ends, as the University no longer has disciplinary jurisdiction over the resigned employee.
However, the University will continue to address and remedy any systemic issues, variables that
contributed to the alleged violation(s), and any ongoing effects of the alleged harassment or
retaliation.
The employee who resigns with unresolved allegations pending is not eligible for rehire with the
University or any campus of the University, and the records retained by the Title IX Office and
Human Resources will reflect that status. All University responses to future inquiries regarding
employment references for that individual will include that the former employee resigned during a
pending disciplinary matter.
Appeals
Any party may file a request for appeal (“Request for Appeal”), but it must be submitted in writing
to the Title IX and Compliance Office within five (5) business days of the delivery of the Notice
of Outcome.
A single Appeal Officer will review the appeal request. No appeal panelists will have been involved
in the process previously, including any dismissal appeal that may have been heard earlier in the
process.
The Request for Appeal will be forwarded to the Appeal Officer for consideration to determine if
the request meets the grounds for appeal (a Review for Standing). The Appeal Officer will have five
(5) business days to review for standing after receiving the appeal.
This review is not a review of the merits of the appeal, but solely a determination as to whether
the request meets the grounds and is timely filed. General dissatisfaction with the outcome of the
proceeding is not a basis for appeal.
Grounds for Appeal
Appeals are limited to the following grounds:
Procedural irregularity that affected the outcome of the matter;
New evidence that was not reasonably available at the time the determination regarding
responsibility or dismissal was made, that could affect the outcome of the matter; and
The Title IX and Compliance Office, SHIP Investigators, or Hearing Officer had a conflict of
interest or bias for or against Complainants or Respondents generally or the specific Complainant
or Respondent that affected the outcome of the matter.
If any of the grounds in the Request for Appeal do not meet the grounds in this Policy, the request
will be denied by the Appeal Officer. The parties and their Advisors will be notified in writing of
the denial and the rationale.
If any of the grounds in the Request for Appeal meet the grounds in this Policy, then the Title IX
and Compliance Office will notify the other party(ies) and their Advisors and when appropriate, the
SHIP Investigators and/or the original Hearing Officer.
The other party(ies) and their Advisors and when appropriate, the SHIP Investigators and/or the
original Hearing Officer will be emailed, and/or provided a hard copy of the request with the
approved grounds and then be given five (5) business days to submit a response to the portion of
the appeal that was approved and involves them. The Title IX and Compliance Office will forward all
responses to all parties for review and comment.
The non-appealing party (if any) may also choose to raise a new ground for appeal at this time. If
so, that will be reviewed to determine if it meets the grounds in this Policy by the Appeal Officer
and either denied or approved. If approved, it will be forwarded to the party who initially
requested an appeal, the SHIP Investigators and/or original Hearing Officer, as
necessary, who will submit their responses in five (5) business days, which will be circulated for
review and comment by all parties.
Neither party may submit any new requests for appeal after this time period. The Appeal Officer
will collect any additional information needed and all documentation regarding the approved grounds
and the subsequent responses and will render a decision in no more than five (5) business days,
barring exigent circumstances, using the preponderance of the evidence standard.
A Notice of Appeal Outcome will be sent to all parties simultaneously including the decision on
each approved ground and rationale for each decision. The Notice of Appeal Outcome will specify the
finding on each ground for appeal, any specific instructions for remand or reconsideration, any
sanctions that may result which the University is permitted to share according to state or federal
law, and the rationale supporting the essential findings to the extent the University is permitted
to share under state or federal law.
Notification will be made in writing and may be delivered by one or more of the following methods:
in person or emailed to the parties’ University-issued email or otherwise approved account. Once
emailed and/or received in-person, notice will be presumptively delivered.
Sanctions Status During the Appeal
Any sanctions imposed as a result of the hearing are on hold during the appeal process. Supportive
measures may be reinstated, subject to the same supportive measure procedures above.
If any of the sanctions are to be implemented immediately post-hearing, but pre-appeal, then
emergency removal procedures (detailed above) for a hearing on the justification for doing so must
be permitted within 48 hours of implementation.
Appeal Considerations
Decisions on appeal are to be deferential to the original decision, making changes to the finding
only when there is clear error and to the sanction(s)/responsive action(s) only if there is a
compelling justification to do so.
Appeals are not intended to provide for a full re-hearing (de novo) of the allegation(s). In most
cases, appeals are confined to a review of the written documentation or record of the original
hearing and pertinent documentation regarding the specific grounds for appeal.
An appeal is not an opportunity for Appeal Officers to substitute their judgment for that of the
original Hearing Officer merely because they disagree with the finding and/or sanction(s).
The Appeal Officer may consult with the Title IX and Compliance Office on questions of procedure or
rationale, for clarification, if needed. Documentation of all such consultation will be maintained.
Appeals granted based on new evidence should normally be remanded to the original SHIP
Investigators and/or Hearing Officer for reconsideration. Other appeals may be remanded at the
discretion of the Title IX and Compliance Office or, in limited circumstances, decided on appeal.
Once an appeal is decided, the outcome is final: further appeals are not permitted, even if a
decision or sanction is changed on remand (except in the case of a new hearing).
When appeals result in no change to the finding or sanction, that decision is final. When an appeal
results in a new finding or sanction, that finding or sanction can be appealed one final time on
the grounds listed above and in accordance with these procedures.
In rare cases where a procedural [or substantive] error cannot be cured by the original Hearing
Officer (as in cases of bias), the appeal may order a new hearing with a new Hearing Officer.
The results of a remand to a Hearing Officer cannot be appealed. The results of a new hearing can
be appealed, once, on any of the three available appeal grounds.
In cases in which the appeal results in reinstatement to the University or resumption of
privileges, all reasonable attempts will be made to restore the Respondent to their prior status,
recognizing that some opportunities lost may be irreparable in the short term.
Long-Term Remedies/Other Actions
Following the conclusion of the formal grievance process, and in addition to any sanctions
implemented, the Title IX and Compliance Office may implement additional long-term remedies or
actions with respect to the parties and/or the campus community that are intended to stop the
sexual harassment and/or retaliation, remedy the effects, and prevent reoccurrence.
These remedies/actions may include, but are not limited to: Referral to counseling and health
services
Referral to the Employee Assistance Program
Education to the individual and/or the community Environmental Assessment
Permanent alteration of housing assignments
Permanent alteration of work arrangements for employees Policy modification and/or training
Provision of transportation accommodations
Implementation of long-term contact limitations between the parties Implementation of adjustments
to academic deadlines, course schedules, etc.
At the discretion of the Title IX and Compliance Office, certain long-term support or measures may
also be provided to the parties even if no policy violation is found.
When no policy violation is found, the Title IX and Compliance Office will address any remedies
owed by the University to the Respondent to ensure no effective denial of educational access.
Alcorn State University will maintain the privacy of any long-term
remedies/actions/measures, provided privacy does not impair the University’s ability to provide
these services.
Failure to Comply with Sanctions and/or Interim and Long-term Remedies and/or Responsive Actions
All Respondents are expected to comply with the assigned sanctions, responsive actions, and/or
corrective actions within the timeframe specified by the final Hearing Officer (including the
Appeal Officer).
Failure to abide by the sanction(s)/action(s) imposed by the date specified, whether by refusal,
neglect, or any other reason, may result in additional sanction(s)/action(s), including suspension,
expulsion, and/or termination from the University and may be noted on a student’s official
transcript.
A suspension will only be lifted when compliance is achieved to the satisfaction of the Title IX
and Compliance Office.
Recordkeeping
Alcorn State University will maintain for a period of at least seven years records of:
Each sexual harassment investigation including any determination regarding responsibility and any
audio or audiovisual recording or transcript required under federal regulation;
Any disciplinary sanctions imposed on the Respondent;
Any remedies provided to the Complainant designed to restore or preserve equal access to the
University’s education program or activity;
Any appeal and the result therefrom;
Any informal resolution and the result therefrom;
All materials used to train Title IX and Compliance Offices, Investigators, Hearing Officers, and
any person who facilitates an informal resolution process. These training materials will be
publicly available on Alcorn State University’s website; and
Any actions, including any supportive measures, taken in response to a notice or formal complaint
of sexual harassment filed with the office, including:
The basis for all conclusions that the response was not deliberately indifferent;
Any measures designed to restore or preserve equal access to the University’s education program or
activity; and
If no supportive measures were provided to the Complainant, document the reasons why such a
response was not clearly unreasonable in light of the known circumstances.
Alcorn State University will also maintain any and all records in accordance with state and federal
laws.
Disabilities Accommodations in the Resolution Process
Alcorn State University is committed to providing reasonable accommodations and support to
qualified students, employees, or others with disabilities to ensure equal access to the
University’s grievance process.
Anyone needing such accommodations or support should contact the Director of Health & Disability
Services, who will review the request and, in consultation with the person requesting the
accommodation and the Title IX and Compliance Office, determine which accommodations are
appropriate and necessary for full participation in the process.
This Policy and procedures supersede any previous policy(ies) addressing harassment, sexual
misconduct and/or retaliation under Title IX and will be reviewed and updated annually by the Title
IX and Compliance Office. Alcorn State University reserves the right to make changes to this
document as necessary, and once those changes are posted online, they are in effect.
During the formal grievance process, the Title IX and Compliance Office may make minor
modifications to procedures that do not materially jeopardize the justice owed to any party, such
as to accommodate summer schedules. The Title IX and Compliance Office may also
vary procedures materially with notice (on the institutional website, with the appropriate
effective date identified) upon determining that changes to law or regulation require policy or
procedural alterations not reflected in this Policy and procedures.
If government laws or regulations change – or court decisions alter – the requirements in a way
that impacts this document, this document will be construed to comply with the most recent
government regulations or holdings.
This document does not create legally enforceable protections beyond the protection of the
background state and federal laws which frame such policies and codes, generally.
This Policy and procedures are effective August 14, 2020.
General Counsel
Footnotes
[1] For the purpose of this policy, the University defines “student” as any individual who has
accepted an offer of admission, or who is registered or enrolled for credit or non-credit bearing
coursework, and who maintains an ongoing relationship with the University.
[2] For the purpose of this policy, privacy and confidentiality have distinct meanings. Privacy
means that information related to a complaint will be shared with a limited number of University
employees who “need to know” in order to assist in the assessment, investigation, and resolution of
the report. All employees who are involved in the University’s response to notice under this policy
receive specific training and guidance about sharing and safeguarding private information in
accordance with state and federal law. The privacy of student education records will be protected
in accordance with the Family Educational Rights and Privacy Act (“FERPA”), as outlined in the
University’s Student Records Policy. The privacy of employee records will be protected in
accordance with Human Resources policies. Confidentiality exists in the context of laws that
protect certain relationships, including those who provide services related to medical and clinical
care, mental health providers, counselors, and ordained clergy. The law creates a privilege between
certain health care providers, mental health care providers, attorneys, clergy, spouses, and
others, with their patients, clients, parishioners, and spouses The University has designated
individuals who have the ability to have privileged communications as Confidential Resources. For
more information about Confidential Resources, see section 18. When information is shared by a
Complainant with a Confidential Resource, the Confidential Resource cannot reveal the information
to any third party except when an applicable law or a court order requires or permits disclosure of
such information. For example, information may be disclosed when: (i) the individual gives written
consent for its disclosure; (ii) there is a concern that the individual will likely cause serious
physical harm to self or others; or (iii)
the information concerns conduct involving suspected abuse or neglect of a minor under the age of
18, elders, or individuals with disabilities. Non-identifiable information may be shared by
Confidential Resources for statistical tracking purposes as required by the federal Clery Act.
Other information may be shared as required by law.
[3] Implicitly or explicitly
[4] Unwelcomeness is subjective and determined by the Complainant (except when the Complainant is
younger than the age of consent). Severity, pervasiveness, and objective offensiveness are
evaluated based on the totality of the circumstances from the perspective of a reasonable person in
the same or similar circumstances (“in the shoes of the Complainant”), including the context in
which the alleged incident occurred and any similar, previous patterns that may be evidenced.
[5] This would include having another person touch you sexually, forcibly, or without your consent.
[6] Bondage, discipline/dominance, submission/sadism, and masochism.
[7] VAWA is the Violence Against Women Act, enacted in 1994 codified in part at 42 U.S.C. sections
13701 through 14040.
[8] Anywhere this procedure indicates “Title IX and Compliance Office,” the University may
substitute a trained designee.
[9] If circumstances require, the Director of Compliance and Ethics or the Title IX and Compliance
Office will designate another person to oversee the process below should an allegation of bias be
made about the Compliance Officer or the Compliance Officer is otherwise unavailable or unable to
fulfill their duties.
[10] These dismissal requirements are mandated by the 2020 Title IX Regulations, 34 CFR
§106.45.
[11] Such a Complainant is still entitled to supportive measures, but the formal grievance process
is not applicable.
[12] This could include an attorney, advocate, or support person. The law permits one Advisor for
each party (witnesses are not entitled to Advisors within the process, though they can be advised
externally.
[13] Subject to the state law provisions or Alcorn State University policy above.
[14] Subject to the state law provisions or Alcorn State University policy above.
[15] This does not preclude the University from having all members of the Pool go through an
application and/or interview/selection process.
[16] The final investigation report may be shared using electronic means that preclude downloading,
forwarding, or otherwise sharing.
[17] The University’s policies on transcript notation will apply to these proceedings.
APPENDIX A: STATEMENT OF RIGHTS OF THE PARTIES
The right to an equitable investigation and resolution of all credible allegations of prohibited
harassment or retaliation made in good faith to Alcorn State University officials.
The right to timely written notice of all alleged violations, including the identity of the parties
involved (if known), the precise misconduct being alleged, the date and location of the alleged
misconduct (if known), the implicated policies and procedures, and possible sanctions.
The right to timely written notice of any material adjustments to the allegations (e.g., additional
incidents or allegations, additional Complainants, unsubstantiated allegations) and any attendant
adjustments needed to clarify potentially implicated policy violations.
The right not to have any personally identifiable information released to the public without
consent provided, except to the extent permitted by law.
The right to be treated with respect by University officials.
The right to have University policies and procedures followed without material deviation.
The right not to be pressured to mediate or otherwise informally resolve any reported misconduct
involving violence, including sexual violence.
The right not to be discouraged by University officials from reporting sexual harassment or
retaliation to both on-campus and off-campus authorities.
The right to be informed by University officials of options to notify proper law enforcement
authorities, including on-campus and local police, and the option(s) to be assisted by University
authorities in notifying such authorities, if the party so chooses. This also includes the right
not to be pressured to report, as well.
The right to have allegations of violations of this Policy responded to promptly by University law
enforcement and/or other University officials.
The right to be informed of available supportive measures, such as counseling; advocacy; health
care; work location; living arrangements; and other assistances or services, both on
campus and in the community. No formal report, or investigation, either campus or criminal, needs
to occur before this option is available.
The right to request a University-implemented no-contact order [or a no-trespass order against a
non-affiliated third party] when a person has engaged in or threatens to engage in stalking,
threatening, harassing, or other improper conduct.
The right to have the University maintain such actions for as long as necessary and for supportive
measures to remain private, provided privacy does not impair the University’s ability to provide
the supportive measures.
The right to ask the SHIP Investigators and Hearing Officer to identify and question relevant
witnesses, including expert witnesses.
The right not to have irrelevant prior sexual history or character admitted as evidence.
The right to know the relevant and directly related evidence obtained and to respond to that
evidence.
The right to fair opportunity to provide the SHIP Investigators with their account of the alleged
misconduct and have that account be on the record.
The right to receive a copy of the investigation report, including all factual, policy, and/or
credibility analyses performed, and all relevant and directly related evidence available and used
to produce the investigation report, subject to the privacy limitations imposed by state and
federal law, prior to the hearing, and the right to have at least ten (10) business days to review
the report prior to the hearing.
The right to respond to the investigation report, including comments providing any additional
relevant evidence after the opportunity to review the investigation report, and to have that
response on the record.
The right to be informed of the names of all witnesses whose information will be used to make a
finding, in advance of that finding, when relevant.
The right to regular updates on the status of the investigation and/or resolution.
The right to have reports of alleged Policy violations addressed by SHIP Investigators, the Title
IX and Compliance Office, and Hearing Officer who have received relevant annual training.
The right to preservation of privacy, to the extent possible and permitted by law.
The right to petition that any University representative in the process be recused on the basis of
disqualifying bias and/or conflict of interest.
The right to have an Advisor of their choice to accompany and assist the party in all meetings
and/or interviews associated with the grievance process.
The right to have the University compel the participation of faculty and staff witnesses.
The right to the use of the appropriate standard of evidence, preponderance of the evidence, to
make a finding after an objective evaluation of all relevant evidence.
The right to be present, including presence via remote technology, during all testimony given and
evidence presented during any formal grievance hearing.
The right to have an impact statement considered by the Hearing Officer following a determination
of responsibility for any allegation, but prior to sanctioning.
The right to be promptly informed in a written Notice of Outcome letter of the finding(s) and
sanction(s) of the resolution process and a detailed rationale of the decision (including an
explanation of how credibility was assessed), delivered simultaneously to the parties.
The right to be informed in writing of when a decision by the University is considered final and
any changes to the sanction(s) that occur before the decision is finalized.
The right to be informed of the opportunity to appeal the finding(s) and sanction(s) of the
grievance process, and the procedures for doing so in accordance with the standards for appeal
established by the University.
The right to a fundamentally resolution as defined in these procedures.
• File a Complaint
Sexual Harassment and Retaliation Online Complaint Form
Prior to completing this form, please review the ASU Interim Sexual Harassment Policy and
Procedures
This form is designed to provide students, employees, faculty, vendors, visitors, or others with an
on-line method to report specific information related to an alleged incident(s) of sexual
harassment), or retaliation as provided for by the ASU Interim Sexual Harassment Policy And
Procedures and Title IX, the federal law that prohibits discrimination based on sex in education
programs or activities that receive Federal financial assistance.
You are not required to complete the entire form in order for the complaint to be submitted. The
institution will use the information provided to look into an allegation, which may include
contacting the complainant, respondent, and/or any potential witnesses. However, if the report does
not contain specific information, the institution’s investigation and response may be limited.
Background Information
If you wish to identify yourself, please fill in the information listed below.
If the person completing this form is the victim, you may choose to identify yourself or not. If
you are a third party complainant who is not the victim, include the victim.
Types of Sexual Harassment
Sexual harassment is a broad term encompassing any non-consensual behavior of a sexual nature that
is committed by force, coercion or intimidation, or that is otherwise unwelcome. Sexual Harassment
can occur between members of the same or different sex, strangers or acquaintances, including
persons involved in an intimate or sexual relationship.
Behaviors Encompassed within Sexual Harassment
Quid Pro Quo Sexual Harassment
Sexual Harassment
Sexual Assault
Dating Violence
Domestic Violence
Stalking
More Information on Consent, Alcohol, and Drugs
What Consent Is and Is Not
ASU campus university employees and students should contact:
Title IX and Compliance Office
Jefferson County Police Department
Claiborne County Police Department
University Police Department
Jefferson County Hospital
Human Resources
Dean of Students
University Counseling Services
Natchez Campus employees and students should contact:
Title IX and Ethics and Compliance Office
Local Police Department
University Police Department
Human Resources
Director of Student Life
Faculty/Staff Resources
Rights and Resources for Internationals and Immigrants
• Resources
Faculty and Staff Resources EAP
Rights and Resources for International and Immigrants
The Violence Against Women Act requires that institutions provide written notice to students and
employees about “existing counseling, health, mental health, victim advocacy, legal assistance,
visa and immigration assistance, student financial aid, and other services available for victims,
both within the institution and in the community.
If you need this the Title IX Policy and Procedures translated into a different language, please
email: so that we can check to see if we can provide the content in the language that
you need.
Pregnant and Parenting Student Rights
TITLE IX: Title IX prohibits discrimination on the basis of sex in education and in programs and
activities that receive federal funding including:
· Pregnancy;
· False pregnancy;
· Termination of pregnancy;
· Recovery from above listed medical conditions.