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Title IX FAQs

These FAQs are intended to respond to questions about the University’s policies and procedures regarding Title IX and sex discrimination. For additional information, please visit your campus’ Title IX website.

The Equity Resolution Process

Who are Advisors and what is their role?
Who serves on the Equity Resolution Hearing Panels? Who determines who will serve on these panels?
Why are students not included in the resolution panels?
Will parties be given the names of individuals on their Resolution Hearing Panel?
If a Complainant or Accused is uncomfortable with a particular member on their Resolution Hearing Panel (e.g. due to familiarity with the member), will the member be removed from the Hearing Panel?

Definitions

Who is protected under Title IX?

All University of Missouri students, employees (faculty and staff), volunteers and visitors are protected under Title IX.

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What conduct is prohibited by Title IX?

Title IX prohibits discrimination on the basis of sex or gender. Prohibited conduct includes sexual misconduct, sexual harassment, sex or gender discrimination, stalking on the basis of sex, dating/intimate partner violence, and sexual exploitation.

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What is sex discrimination?

Sex discrimination occurs when a person has been treated inequitably based on sex or gender. Specifically, the University of Missouri System upholds Title IX, which states in part that “[n]o person in the United States shall on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity.” Sexual misconduct, sexual harassment, stalking on the basis of sex, dating/intimate partner violence, and sexual exploitation are forms of sex discrimination.

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What is sexual misconduct?

Sexual misconduct is:

Nonconsensual sexual intercourse
Nonconsensual sexual contact involving the sexual touching of the genitals, breast or anus of another person or the nonconsensual sexual touching of another with one’s own genitals whether directly or through the clothing
Exposing one’s genitals to another under circumstances in which he or she should reasonably know that his or her conduct is likely to cause affront or alarm, or
Sexual exploitation.

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What is sexual harassment?

Sexual harassment is defined as:

Unwelcome sexual advances or requests for sexual activity by a person or persons in a position of power or authority to another person, or
Other unwelcome verbal or physical conduct of a sexual nature by a person to another person, when:

Submission to or rejection of such conduct is used explicitly or implicitly as a condition for academic or employment decisions; or
Such conduct creates a hostile environment by being sufficiently severe or pervasive and objectively offensive that it interferes with, limits or denies the ability of an individual to participate in or benefit from educational programs or activities or employment access, benefits or opportunities.

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What is stalking?

Stalking on the basis of sex or gender is following or engaging in a course of conduct on the basis of sex or gender with no legitimate purpose that puts another person reasonably in fear for his or her safety or would cause a reasonable person under the circumstances to be frightened, intimidated or emotionally distressed.

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What is dating/intimate partner violence?

Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the recipient of the violent behavior.

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What is sexual exploitation?

Sexual exploitation occurs when one person takes nonconsensual or abusive sexual advantage of another person for his/her own advantage or benefit or for the advantage or benefit of anyone other than the person being exploited and which behavior does not constitute any other form of sexual misconduct. Examples of sexual exploitation include, but are not limited to, the following activities done without the consent of all participants:

Invasion of sexual privacy;
Prostituting another person;
Taping or recording of sexual activity;
Going beyond the boundaries of consent to sexual activity (letting your friends hide to watch you engaging in sexual activity);
Engaging in voyeurism;
Knowingly transmitting an STI, STD, venereal disease or HIV to another person;
Inducing another to expose their genitals.

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What is consent?

Consent to sexual activity is informed, mutually understood, and voluntary. Someone who is incapacitated cannot consent. Silence or absence of resistance does not establish consent. Consent to one form of sexual activity does not imply consent to other forms of sexual activity. Consent to engage in sexual activity with one person does not imply consent to engage in sexual activity with another. Consent must be obtained at the time of the specific activity and can be withdrawn at any time. Lack of consent or withdrawal of consent may be communicated by words or non-verbal acts. Coercion and force, or threat of either, invalidates consent.

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Why does consent matter?

In certain situations, a person does not have the capacity to agree to participate in consensual sex. Examples include individuals who are under the age of consent (17 in Missouri), incapacitated due to alcohol or drug consumption, developmentally disabled, mentally/physically unable to consent, etc.

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Why does incapacitation matter?

Sexual contact with someone one knows to be or should know to be incapacitated is a violation of policy. An individual who is incapacitated lacks the capacity to give knowing consent. Incapacitation can be due to the use of drugs or alcohol, when a person is asleep or unconscious, or because of an intellectual or other disability that prevents the individual from having the capacity to give consent. It is important to remember that incapacitation is an extreme form of intoxication. Incapacitation negates consent, therefore anyone engaging in sexual contact with an incapacitated person is in violation of university policy.

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Protections and Procedures

What are my rights as a Complaintant?

All parties involved will be treated equitably. The complainant has a right:

To be treated with respect by University officials
Access to campus support resources (such as counseling and mental health services and University health services)
To have an Advisor of their choice attend all interviews, meetings and proceedings throughout the Equity Resolution Process
To refuse to have an allegation resolved through Conflict Resolution, the Informal Resolution Process (for students) or the Administrative Resolution Process (for faculty)
An equal opportunity, or chance to present a list of potential witnesses and provide evidence
To be free from retaliation
To have complaints heard in a manner that is substantially the same as the process outlined within the UM System Equal Employment/Educational Opportunity Policy
Where the Complainant is not the person who reported the incident, the Complainant has full rights to participation in any Equity Resolution Process
To be informed of the finding, rationale and sanction (if applicable) of the complaint in writing.
To report the matter to law enforcement (if applicable) and to have assistance in making a report to law enforcement
Equal opportunity to appeal the findings and sanction

Additional Rights for Student Complainants:

To receive advance notice of the investigation and notice of a Formal Resolution Hearing
To request reasonable housing, living and other accommodations and remedies consistent with Section 200.025.D of the Collected Rules and Regulations
To receive amnesty for minor student misconduct that is related to the incident, at the discretion of the Appropriate Administrative Officer
To request a no contact directive/order between the parties
During the Formal Resolution Process you have a right:
- To have the names of witnesses that may participate in the hearing at least two days prior to the hearing
- To have copies of all important and relevant documentary evidence and any investigative report at least two business days prior to the hearing
- To use alternative ways by which the Complainant can appear and question witnesses at a hearing (e.g.: screens, Skype, questions directed through the Chair, etc.)

Additional Rights for Faculty Complainants in the Hearing Panel Resolution Process:

To receive notice of the hearing
To have the names of witnesses that may participate in the hearing at least two days prior to the hearing
To have copies of all pertinent documentary evidence and any investigative report at least two business days prior to the hearing
To be present at the hearing, which right may be waived by either written notification to the Hearing Panel Chair or by failure to appear
To request alternative attendance or questioning mechanisms for the hearing (e.g.: screens, Skype, questions directed through the Chair, etc.)
To have present an Advisor during the hearing and to consult with such Advisor during the hearing
To testify at the hearing or refuse to testify at the hearing
To present witnesses and documents deemed relevant by the Chair
To question witnesses present and testifying at the hearing. See Section 600.040.M.6 for limitations on directly questioning the Accused.

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What are my rights if I have been accused of committing a Title IX offense?

All parties involved will be treated equitably. The Accused has a right:

To be treated with respect by University officials
To access to campus support resources (such as counseling and mental health services and University health services), unless suspended from campus pending the completion of the process
To have an Advisor of their choice attend all meetings and proceedings throughout the Equity Resolution Process
To refuse to have an allegation resolved through Conflict Resolution procedures, the Informal Resolution Process (for students) or the Administrative Resolution Process (for faculty)
An equal opportunity, or chance to present a list of potential witnesses and provide evidence
To receive notice of the policies that the Accused has been charged with violating
To have complaints heard in a manner that is substantially the same as the process outlined within the UM System Equal Employment/Educational Opportunity Policy
To be informed of the finding, rationale and sanction of the complaint in writing
Equal opportunity to appeal the findings and sanction

Additional Rights for Student Accused:

Notice of a Formal Resolution Hearing
During the Formal Resolution process students have a right:
- To have the names of witnesses that may participate in the hearing at least two days prior to the hearing
- To have copies of all of all important and relevant documentary evidence and any investigative report at least two business days prior to the hearing
- To use alternative ways by which the Accused can appear and question witnesses at a hearing (e.g.: screens, Skype, questions directed through the Chair, etc.)

Additional Rights for Faculty Accused in the Hearing Panel Resolution Process:

To receive notice of the hearing
To have the names of witnesses that may participate in the hearing at least two days prior to the hearing
To have copies of all pertinent documentary evidence and any investigative report at least two business days prior to the hearing
To be present at the hearing, which right may be waived by either written notification to the Hearing Panel Chair or by failure to appear
To request alternative attendance or questioning mechanisms for the hearing (e.g.: screens, Skype, questions directed through the Chair, etc.)
To have present an Advisor during the hearing and to consult with such Advisor during the hearing
To testify at the hearing or refuse to testify at the hearing
To present witnesses and documents deemed relevant by the Chair
To question witnesses present and testifying at the hearing. See Section 600.040.M.6 for limitations on directly questioning the Accused.

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What remedies are available to students when they report a Title IX related incident?

Measures provided to students are made on a case-by-case basis as decided upon by the Title IX Coordinator and/or other authorized administrators. Options include but are not limited to:

Referral and access to counseling, medical services and/or mental health services
- The University is restricted from requiring reporting individuals to pay for counseling services deemed appropriate at this point in time
Implementing contact limitations on the Accused or on all parties
Referral to victim advocacy and support services either on and/or off-campus
Referral to academic support services and any other services that may be beneficial to the Complainant
Adjusting the courses, assignments, exam schedules of the Complainant and/or the Accused
Adjusting the work schedules, work assignments, supervisory responsibilities, supervisor reporting responsibilities or work arrangements of the Complainant and/or the Accused
Altering the on-campus housing assignments, dining arrangements, or other campus services for either the Complainant and/or the Accused
Altering the extracurricular activities of either the Complainant and/or the Accused
Providing transportation accommodations
Informing of the right to notify law enforcement authorities of the alleged incident and offering to help facilitate such a report
Suspending, on an interim basis, the Accused from University housing, classes, the University campus/facilities/events and/or all other University activities or privileges for which the Accused might otherwise be eligible, when the Appropriate Administrative Officer or designee finds and believes from the available information that the presence of the Accused on campus would seriously disrupt the University or constitute a danger to the health, safety, or welfare of members of the University community.
Providing escort services to assure that the reporting individual can move safely between classes and activities
Providing academic support services such as tutoring
Arranging for the Complainant to have extra time to complete or re-take a class or withdraw from a class without an academic or financial penalty

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What remedies are available to a staff member when they report a Title IX related incident?

During the Equity Resolution Process and prior to a finding whether an alleged violation has occurred, the Equity HR Officer or Equity HR Officer’s Designee or in the case of allegations of sexual harassment, sexual misconduct or allegations of other forms of sex discrimination as defined in Section 600.020 of the Collected Rules and Regulations, the Title IX Coordinator or Title IX Coordinator’s Designee may provide interim remedies including, but not limited to, one or more of the following:

Referral and facilitating contact for the Complainant to on- or off-campus counseling, medical services and/or mental health services.
Implementing contact limitations on the Accused or on all Parties.
Referral of the Complainant to victim advocacy and support services either on and/or off-campus.
Adjusting the work schedules, work assignments, supervisory responsibilities, supervisor reporting responsibilities or work arrangements of the Complainant and/or the Accused.
If the Complainant is a student:
1. Referral of Complainant to academic support services and any other services that may be beneficial to the Complainant.
2. Adjusting the courses, assignments, exam schedules, etc. of the Complainant.
3. Altering the on-campus housing assignments, dining arrangements, or other campus services for the Complainant.
Informing the Complainant of the right to notify law enforcement authorities of the alleged incident and offering to help facilitate such a report.
Implementing leave from work with or without pay for the Complainant and/or Accused.
Implementing suspension from campus with or without pay for the Accused.

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What remedies are available to a faculty member when they report a Title IX related incident?

During the Equity Resolution Process and prior to making a finding whether the alleged violation has occurred, the Provost or Provost’s Designee or in the case of allegations of sexual harassment, sexual misconduct or allegations of other forms of sex discrimination as defined in Section 600.020 of the Collected Rules and Regulations, the Title IX Coordinator or Title IX Coordinator’s Designee, in consultation with the Provost or Provost’s Designee when directly impacting a Faculty Member, may provide interim remedies including, but not limited to, one or more of the following:

Referral and facilitating contact for the Complainant to on- or off-campus counseling, medical services and/or mental health services.
Implementing contact limitations on the Accused or on all Parties.
Referral of the Complainant to victim advocacy and support services either on and/or off-campus.
Adjusting the work schedules, work assignments, supervisory responsibilities, supervisor reporting responsibilities or work arrangements of the Complainant and/or the Accused.
If the Complainant is a student:
1. Referral of the Complainant to academic support services and any other services that may be beneficial to the Complainant.
2. Adjusting the courses, assignments, exam schedules of the Complainant.
3. Altering the on-campus housing assignments, dining arrangements, or other campus services for the Complainant.
Informing the Complainant of the right to notify law enforcement authorities of the alleged incident and offering to help facilitate such a report.
Implementing leave from work with pay for the Complainant and/or Accused.
Implementing suspension from campus with pay for the Accused.

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What if I fear retaliation?

The University strictly prohibits retaliation against any person for making a report required by this policy, for making any good faith report to a Title IX Coordinator or for filing, testifying, assisting, or participating in any investigation or proceeding involving allegations of sex discrimination, sexual harassment or sexual misconduct. Any person who engages in such retaliation shall be subject to disciplinary action in accordance with applicable procedures.

If you experience retaliation, contact your Title IX Coordinator.

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What constitutes retaliation?

Retaliation is any adverse action taken against a person because of that person’s participation in protected activity. The University strictly prohibits retaliation against any person for making a report required by this policy, for making any good faith report to a Title IX Coordinator or for filing, testifying, assisting, or participating in any investigation or proceeding involving allegations of sex discrimination, sexual harassment or sexual misconduct. Any person who engages in such retaliation shall be subject to disciplinary action in accordance with applicable procedures. Examples of prohibited retaliation include, but are not limited to, giving a lesser grade than the student’s academic work warrants because the student filed a complaint of sexual harassment; giving lower than justified performance appraisals because a person was a witness in an investigation of alleged sexual harassment; and threatening to spread false information about a person for filing a complaint of sexual harassment.

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What if the impacted individual requests confidentiality?

Only persons who, by law, have special professional status are exempt from mandated reporting of a Title IX violation. This group only consists of professional counselors, medical providers and associated staff. These persons do not report information. A second group of persons, designated non-professional counselors and advocates, provide non-identifiable, monthly, aggregate reports to the university, and are specifically designated by university policy.

After reporting an incident to the Title IX Coordinator, that person will contact you and request consent to proceed to an investigation. If you do not give consent for an investigation, the University will weigh the request for confidentiality in determining whether to proceed to an investigation. In some instances, to protect the safety of the campus community, an investigation may still go forward; in other instances it may not.

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If there is a sexual history between the individual submitting the complaint and the Accused, can it still be sexual assault?

A previous sexual history does not equate to consent during the time of the alleged event. Questioning or evidence about the Complainant’s prior sexual conduct with anyone other than the Accused is prohibited.

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What is the difference between a Title IX investigation and a criminal investigation?

These investigations are very different. Criminal investigations are intended to determine whether or not a law has been broken, while Title IX investigations determine whether or not university policies have been violated. This is an important distinction as a criminal investigation can result in incarceration depending on the verdict, while a Title IX investigation will not result in incarceration but can result in disciplinary action by the school. A Title IX investigation will proceed regardless of whether a criminal investigation is pursued or ongoing.

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If an incident occurs off campus, can the University investigate?

The University may take appropriate action, including, but not limited to, the imposition of sanctions under Section 200.025 for students, Section 600.040 for faculty, and Section 600.050 for staff of the Collected Rules and Regulations against the individual for conduct occurring in off-campus settings in order to protect the physical safety of students, faculty, staff, and visitors or if there are effects of the conduct that interfere with or limit an individual’s ability to participate in or benefit from the University’s educational programs, activities or employment.

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If an incident occurred at a party and I was drinking or taking drugs, will I get in trouble?

In order to foster reporting and participation, the University may provide amnesty from disciplinary action to Complainants and witnesses for minor student conduct violations ancillary to the incident.

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If a staff member is accused of discrimination, and the direct supervisor has a relationship with at least one of the parties (Complainant or Accused) how do we address this potential bias?

If a supervisor has a conflict as determined by the Equity HR Officer, the Equity HR Officer will choose another appropriate manager to act as supervisor for the purpose of carrying out any determined action.

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Why are Title IX cases adjudicated with the standard of proof of preponderance of the evidence?

The Department of Education’s Office for Civil Rights, the regulatory authority for Title IX, sets the appropriate standard of evidence for cases at “preponderance of the evidence,” according to their 2011 Dear Colleague Letter on Sexual Violence.

This standard of evidence means that the Appropriate Administrative Officer or Hearing Panel must determine whether a complaint of sex discrimination is “more likely than not” to have occurred. This standard applies for all complaints of sex discrimination, including sexual harassment and violence, because Title IX outlines standards for school disciplinary processes, not criminal complaints (which require the highest standard of evidence, “beyond a reasonable doubt”).

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How long are records of an investigation kept? What if the report of a violation was unsubstantiated?

Files will be kept for a minimum of seven (7) years following final resolution. Even if the report was unsubstantiated, files must be kept in order to monitor progress in creating a safer campus by conducting assessments of the campus climate. In addition, files must be kept in order to identify and resolve harassment-related issues, patterns and problems.

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Responsibilities and Personnel

Who can I contact if I have experienced a Title IX offense?

If you are in immediate danger, please call 911. If you need immediate assistance related to a sexual assault, call the 24/7 Crisis Hotline: 1-800-656-HOPE (4673).

All members of the university community as well as visitors and third parties can report incidents to the campus Title IX Coordinator. Find your campus Title IX Coordinator’s contact information here. You can also file a report online through your campus’ Title IX website. Your Title IX Coordinator will help guide you to other contacts, including the police if you wish to file a police report. If you wish to contact someone confidential, you can find a list of confidential reporting sources on your campus here. Besides reporting, we encourage you to seek any resources you might need, including counseling and health services. Visit your campus’ Title IX site for a list of resources to help, or click here. In addition, you can always contact the police.

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Who can I contact if I have been accused of Title IX offense?

The Title IX Coordinator or Deputy Coordinator and the Title IX Investigator will be in contact with the Accused and can help guide them through the process, which includes access to an advisor of the Accused’s choice. We also encourage you to seek any resources you might need, including counseling and health services. Visit your campus’ Title IX site for a list of resources to help.

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What are the responsibilities of the Title IX Coordinator?

The Title IX Coordinator is a point of contact for those who wish to report a Title IX-related violation. This person ensures the prohibited conduct ends and ensures the safety of the affected individual and community. This person in responsible for preventing the Title IX prohibited conduct from reoccurring and identifying and addressing patterns or problems with particular individuals or groups.

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Who are the Title IX Coordinators and Deputy Coordinators on each campus?

MU: http://title9.missouri.edu

Title IX Administrator
Andy Hayes
hayesas@missouri.edu
202 Jesse Hall
Columbia, MO 65211
573-882-2824

MU Title IX Deputy Coordinators
Amber Lammers
lammersa@missouri.edu
145 Heinkel
573-882-6095

Sarah Reesman
ReesmanS@missouri.edu
1 Champions Drive, Suite 200
Columbia, MO 65211
573-884-6428

Hospital and Clinics

Sue Kopfle
Chief Human Resources Officer
kopfles@health.missouri.edu
University of Missouri Healthcare
1 Hospital Drive, Room DC031.00
Columbia, MO 65212
573-884-8643

UMSL: http://www.umsl.edu/~oeo/titleIX/index.html

Title IX Coordinator
Dana Beteet Daniels
Senior Human Resources Consultant
dana@umsl.edu
One University Boulevard
211 Arts Administration Building
St. Louis, MO 63121
314-516-4538

UMSL Title IX Deputy Coordinators
D’Andre Braddix
Assistant Dean of Students
DAndreBraddix@umsl.edu
301 Woods Hall
St. Louis, MO 63121
314-516-5205

Jessica Swederske
Human Resources Consultant
swederskej@umsl.edu
One University Boulevard
211 Arts Administration Building
St. Louis, MO 63121
314-516-5748

Lori Flanagan
Director of Athletics
flanaganlo@umsl.edu
225 Mark Twain Building
St. Louis, MO 63121
314-516-5661

Marisa Smith
Police Captain
smithmx@umsl.edu
44 Campus Police Bldg.
St. Louis, MO 63121
314-516-5148

Missouri S&T: http://titleix.mst.edu/

Title IX Coordinator
Shenethia Manuel
Vice Chancellor for Human Resources, Equity and Inclusion
manuels@mst.edu
113 Centennial Hall
300 W. 12th Street
Rolla, MO 65409
573-341-4920

Missouri S&T Title IX Deputy Coordinators
Neil A. Outar
Director, Institutional Equity, Diversity & Inclusion
naoutar@mst.edu
113 Centennial Hall
300 W. 12th Street
Rolla, MO 65409
573-341-6038

UMKC: http://info.umkc.edu/title9/

Title IX Coordinator
Mikah Thompson
Director of Affirmative Action
thompsonmikah@umkc.edu
Administrative Center Room 212
5115 Oak Street, Room 212
Kansas City, MO 64110
816-235-6910

UMKC Title IX Deputy Coordinators
Michael Garvin
Equal Opportunity Investigator
garvinm@umkc.edu
Department of Human Resources, Office of Affirmative Action
5115 Oak Street, Room 212
Kansas City, MO 64110
816-235-1771

Tiffany Williams
Sr. Director Student Support Services
tiffanywilliams@umkc.edu
Division of Student Affairs
5115 Oak Street, Room 336
Kansas City, MO 64110
816-235-5599

For Athletics:
Ursula Gurney
Associate Athletic Director
gurneyu@umkc.edu
Intercollegiate Athletics
816-235-5599

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Who can an individual contact if they want information to remain confidential?

If you need confidential support, help or information regarding sex discrimination, including sexual misconduct and sexual harassment, you may contact an employee with a legal privilege of confidentiality or a confidential reporter on campus. Employees with a legal privilege of confidentiality include health care providers, counselors, lawyers, and their associated staff. Confidential reporters on the campuses are listed below:

MU

RSVP (Relationship and Sexual Violence Prevention) Center
G210 MU Student CenterG210 MU Student Center
Columbia, MO 65211
(573) 882-6638
rsvp.missouri.edu

Student Health Center
1020 Hitt Street
Columbia, MO 65212
(573) 882-7481
studenthealth.missouri.edu

MU Counseling Center
119 Parker Hall
Columbia, MO 65211
(573) 882-6601
counseling.missouri.edu

UMKC

Arnie Abels
Director of Counseling, Health, Testing and Disability Services
abelsa@umkc.edu
(816) 235-1218
http://www.umkc.edu/chtc/

Scott Thompson
Administrator of Student Health and Wellness
thompsonsco@umkc.edu
(816) 235-6137
http://www.umkc.edu/chtc/

Missouri S&T

Licensed Mental Health Providers in Counseling, Disability Support, & Student Wellness
204 Norwood Hall
(573) 341-4211
counsel@mst.edu
http://counsel.mst.edu

Patti J. Fleck, Ph.D.; pfleck@mst.edu, (573) 341-4211
Gene Gianladis, Ph.D.; geneg@mst.edu, (573) 341-4211
Ross Gubrud, Ph.D.; gubrudr@mst.edu, (573) 341-4211
Stephanie Martensen, M.Ed.; smarten@mst.edu, (573) 341-4211
Diane Stutts, MA; dianes@mst.edu, (573) 341-4211

Licensed Medical Providers in Student Health Services
910 W. 10th St.
(573) 341-4284
http://studenthealth.mst.edu

Dr. Dennis Goodman, D.O.; dgoodman@mst.edu, (573) 341-4284
Dr. Zulfikar Ali Rasool Vali, M.D.; valiz@mst.edu, (573) 341-4284
Jennifer Bremer, PA-C; tracyj@mst.edu, (573) 341-4284
Laurie Sewell, MMS PA-C; schroederlr@mst.edu, (573) 341-4284
Jeanne Bowe, RN, BSN, ONC; bowe@mst.edu, (573) 341-4284
Tenise Ertl, LPN; ertlt@mst.edu, (573) 341-4284
Sarah Evans, LPN; evanssara@mst.edu, (573) 341-4284
Shana Brumble, LPN; brumbles@mst.edu, (573) 341-4284

UMSL

Counselors and health care providers located in:
Health Services and Counseling Services
131 Millennium Student Center
(314) 516-5711
http://www.umsl.edu/~uhwcs/

Center for Trauma Recovery
Kathy J. Weinman Bldg., Lower Level
(314) 516-6738
http://www.umsl.edu/divisions/artscience/psychology/ctr/

Community Psychological Service
232 Stadler Hall
(314) 516-5824
http://www.umsl.edu/services/cps/

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Who protects me if a Title IX Officer has harassed or assaulted me?

There are always three options you have when reporting an offense: 1) Your campus Title IX Coordinator, 2) The University of Missouri System Title IX Coordinator, and 3) The University of Missouri System President or Chancellor. If your complaint includes any of the above mentioned, please do not hesitate to contact one of the other parties.

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I am a student employee. Which Equity Resolution Process will I go through if I am accused of a Title IX violation in my role as a student employee?

Students could go through any of the three processes: student/student organization as accused, faculty as accused (if there is an academic appointment affiliated with the student) or staff as accused (if there is a staff position affiliated with the student). The determination of process is made by the Title IX Coordinator.

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I am a student employee and I am aware of an incident of sex discrimination. When I became aware of the incident, I was not acting in the capacity of my employment. Do I have to report?

If you were not acting in the role of your employment at the time you became aware of the incident, you are not mandated to report it. However, as a university community member, you are strongly encouraged to report any incident of sex discrimination of which you become aware.

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Reporting

Am I a Mandated Reporter? What does it mean to be a Mandated Reporter?

Any employee of the University who becomes aware of sex discrimination as defined in the Sex Discrimination, Sexual Harassment and Sexual Misconduct in Education/Employment Policy (including sexual harassment, sexual misconduct, stalking on the basis of sex, dating/intimate partner violence or sexual exploitation) is a Mandated Reporter, regardless of whether the recipient of the behavior is a student, employee, volunteer or visitor of the University.

A Mandated Reporter is required to promptly report the information to the appropriate Title IX Coordinator. The Mandated Report must be made regardless of whether the person reporting the information to the Mandated Reporter requests confidentiality and regardless of how the Mandated Reporter becomes aware of the offensive behavior (personal observation, direct information from the subject of the behavior, indirect information from a third party, etc.). If the Complainant requests confidentiality or that the charges not be pursued, the Mandated Reporter should warn the Complainant that, at this stage in the process, the Mandated Reporter must report all known information to the Title IX Coordinator.

Mandated Reporters must report all details that they possess. This includes names of the parties, if known, and all other information in the Mandated Reporter’s possession.

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What happens when I report a Title IX complaint?

Once a report is submitted, and depending on the detail of the information provided, the university will take reasonable steps to investigate the matter, stop the harassment, prevent its recurrence and remedy its effects.

In conjunction with other campus resources, the Title IX office strives to provide all impacted parties with the support they need, including medical care, counseling and advocacy. The university takes steps to ensure that students, faculty, staff and visitors are safe and not subject to further harassment or retaliation.

There is an administrative process to address complaints of discrimination based on sex or gender, which is prompt, equitable, impartial and thorough. The details of the complaint are discussed between the Complainant and an initial interviewer. A course of action will ensue based on the information gathered during the interview.

Every Complainant has the right to present the complaint and the right to an impartial investigation of that complaint. Further, individuals have the right to present witnesses and other evidence. The Complainant and Accused, as well as any witnesses, will be interviewed.

A decision will be rendered on whether there is sufficient evidence of a violation of policies and what disciplinary action will be taken, if any. Both parties will be notified of action taken.

In addition to your right to file a Title IX complaint, you have the right to file a complaint with local law enforcement if you believe a crime has occurred.

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How do I file a complaint?

There are several resources available across campuses that include confidential reporting as well as reporting that will lead to either a University investigation or a criminal investigation. Your options include but are not limited to:

Contact your campus Title IX Coordinator to file a report
Some campuses have online reporting available – the campus Title IX pages can provide more information
Reporting to local law enforcement if you believe a crime has occurred

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What if I hear of something but I’m not sure it’s a Title IX offense?

Contact your campus Title IX Coordinator with the information that you have. This person will get the necessary information to proceed accordingly.

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Does speaking at a public awareness event, such as Take Back the Night, count as “reporting”?

No. In an effort to encourage preventive education and access to resources for survivors, such events are exempt from the mandated reporting policy or being classified as “notice to the school.”

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Can International students report?

Yes. These individuals will go through the same reporting process as a domestic student and have the same rights.

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What are the reporting obligations of residential staff when they have notice of a Title IX related incident?

All University of Missouri employees, including student staff employed in campus residences, must report all Title IX related concerns to the Title IX Coordinator.

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What if a Mandated Reporter fails to report?

Failure to comply with this policy can result in disciplinary action. Employees also are cautioned that non-compliance with this policy may increase their risk of personal liability. Further, an individual who fails to report as required under this policy may be determined to be ineligible for defense or protection under Section 490.010 of the Collected Rules and Regulations for any associated claims, causes of action, liabilities or damages.

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Are there penalties for making false accusations?

False reporting is a serious offense subject to appropriate disciplinary action ranging from probation up to and including expulsion or termination.

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Is there a statute of limitations for reporting of incidents in the past? Now that people are trained in the new Title IX policies, are Mandated Reporters expected to report things that happened in the past? If so, how far back into the past?

We encourage anyone with knowledge of a Title IX violation to come forward and report it to their campus Title IX Coordinator regardless of when the incident occurred. Any incident since the Mandated Reporter policy went into effect must be reported. It is also important to note that there are some constituencies on the campuses who have been required to report for many years.

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If I reported being sexually harassed or assaulted to the Title IX Coordinator, do I still need to go to the police?

You are not required to report to the police. However, if you believe a crime has occurred, you are encouraged to report the incident to the police. The Title IX Coordinator can provide assistance in reporting to the police if you wish.

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The Equity Resolution Process

Who are Advisors and what is their role?

Each Complainant and Accused is allowed to have one Advisor of their choice present with them for all Equity Resolution Process interviews, meeting and proceedings. The parties may select whomever they wish to serve as their Advisor, including an attorney. An Advisor is not required and any party may elect to proceed without an Advisor.

If Complainant is a student, the student Complainant may request that the Title IX Coordinator (or Title IX Coordinator’s Designee) assign a trained Advisor to provide support throughout the Equity Resolution Process. University trained Advisors are administrators or staff at the University trained on the Equity Resolution Process.

The Advisor may not make a presentation or represent the Complainant or the Accused during any meeting or proceeding. The Parties are expected to ask and respond to question on their own behalf, without representation by their Advisor. The Advisor may consult with the advisee quietly or in writing, or outside the meeting or proceeding during breaks, but may not speak on behalf of the advisee at any point throughout the process. Advisors who do not follow these guidelines will be warned or dismissed from the meeting or proceeding at the discretion of the Investigator(s) during the investigation and the Appropriate Administrative Officer during the Resolution Process.

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Who serves on the Equity Resolution Hearing Panels? Who determines who will serve on these panels?

For cases involving students or student organizations as accused, three trained administrators or staff members serve on the panel. The University will create and annually train a pool of not less than ten (10) administrators or staff as hearing panelists. Panelists are appointed by the Chancellor (or designee) to serve a renewable term of three (3) years. Panelist appointments should be made with attention to representation of groups protected by the University’s Anti-Discrimination Policies. The Chancellor (or designee) will select a Hearing Panelist Chair, who assigns and coordinates the pool and those Panelists assigned to specific hearings.

For cases involving faculty as accused, three trained members serve on the panel, including at least one faculty member and one administrator or staff member. The University will create and annually train a pool of not less than ten (10) faculty and ten (10) administrators and/or staff as hearing panelists to serve as hearing panel members in the Hearing Panel Resolution Process. Panelists are selected by the Chancellor or Chancellor’s Designee and serve a renewable, one-year term. Panelist selections should be made with attention to representation of groups protected by the University’s Anti-Discrimination Policies. The Chancellor or Chancellor’s Designee will select a Hearing Panelist Pool Chair (“Pool Chair”). The Pool Chair assigns and coordinates the hearing panel members to serve on the Hearing Panel for a specific Complaint and designates the Chair of the Hearing Panel for a specific Complaint. The Pool Chair may serve as a panel member or the Chair of the Hearing Panel for a specific Complaint.

Why are students not included in the resolution panels?

The Department of Education’s Office for Civil Rights, the regulatory authority for Title IX, discourages schools from allowing students to serve on hearing boards in cases involving allegations of sexual violence, according to their 2014 “Questions and Answers on Title IX and Sexual Violence” document.

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Will parties be given the names of individuals on their Resolution Hearing Panel?

Both the Complainant and the Accused will be given a list of the names of each of the Equity Resolution Hearing Panel members at least two business days in advance of the hearing.

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If a Complainant or Accused is uncomfortable with a particular member on their Resolution Hearing Panel (e.g. due to familiarity with the member), will the member be removed from the Hearing Panel?

Both parties will be given a list of names of each of the Equity Resolution Hearing Panel members at least two business days in advance of the hearing. Should any Complainant or Accused object to any panelist, they must raise all objections, in writing, to the Hearing Panelist Chair as soon thereafter as possible. Hearing Panel members will only be unseated if the Hearing Panelist Chair concludes that their bias precludes an impartial hearing of the complaint. Additionally, any panelist or Chair of the Hearing Panel who feels they cannot make an objective determination must recuse himself or herself from the proceedings when notified of the identity of the parties and all witnesses in advance of the hearing.

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Reviewed April 27, 2018.

Emergencies

If you are in immediate danger, call 911.

If you need immediate assistance related to a sexual assault, call the 24/7 RAINN National Hotline at 1-800-656-HOPE (4673).