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?
Will parties be given the names of individuals on their Resolution Hearing Panel?
If a Complainant or Respondent 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, pregnancy, gender identity, or gender expression. 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 is conduct that is based upon an individual’s sex, pregnancy, gender identity, or gender expression that adversely affects a term or condition of an individual’s employment, education, living environment, or participation in a University activity. Sexual misconduct, sexual harassment, stalking on the basis of sex, dating/intimate partner violence, and sexual exploitation are forms of sex discrimination. The University of Missouri System is committed to compliance with 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.”

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What is sexual misconduct?

Sexual misconduct includes:

Nonconsensual sexual intercourse;
Nonconsensual sexual contact involving the sexual touching of a body part (i.e. the lips, genitals, breast, anus, groin, or buttocks) 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 one should reasonably know that this 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 or because of sex, pregnancy, gender identity, or gender expression, when:
a) Submission to or rejection of such conduct is used explicitly or implicitly as a condition for academic or employment decisions; or
b) Such conduct creates a hostile environment by being sufficiently severe or pervasive or objectively offensive that it interferes with, limits or denies the ability of an individual to participate in or benefit from the University's educational programs, activities, or employment.

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What is stalking on the basis of sex?

Stalking on the basis of sex is following or engaging in a course of conduct on the basis of sex with no legitimate purpose that makes another person reasonably concerned for their 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, threats of violence, intimidation and acts of coercion 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 one's 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;
Nonconsensual distribution of intimate images;
Use or distribution of drugs or alcohol with intent to facilitate sexual contact without consent (i.e., predatory drugs or alcohol)

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What is consent to sexual activity?

Consent to sexual activity is knowing and voluntary. Consent to sexual activity requires of all involved persons a conscious and voluntary agreement to engage in sexual activity. Each person engaged in the sexual activity must have met the legal age of consent. It is the responsibility of each person to ensure they have the consent of all others engaged in the sexual activity. Consent must be obtained at the time of the specific activity and can be withdrawn at any time. Consent, lack of consent or withdrawal of consent may be communicated by words or non-verbal acts.

Someone who is incapacitated cannot consent. Silence or absence of resistance does not establish consent. The existence of a dating relationship or past sexual relations between the Parties involved should never by itself be assumed to be an indicator of consent. Further, 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. 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 reasonably should know to be incapacitated is a violation of policy.

A person is incapacitated if they are in a state or condition in which rational decision-making or the ability to consent is rendered impossible because of a person’s temporary or permanent physical or mental impairment, including but not limited to physical or mental impairment resulting from drugs or alcohol, disability, sleep, unconsciousness or illness. Consent does not exist when one knew or should have known of the other individual’s incapacitation. Incapacitation is determined based on the totality of the circumstances. Incapacitation is more than intoxication but intoxication can cause incapacitation.
Factors to consider in determining incapacity include, but are not limited to, the following:

Lack of awareness of circumstances or surroundings (e.g., an inability to understand, either temporarily or permanently, the who, what, where, how and/or why of the circumstances; blackout state)
Inability to physically or verbally communicate coherently, particularly with regard to consent (e.g., slurred or incoherent speech)
Lack of full control over physical movements (e.g., difficulty walking or standing without stumbling or assistance)
Physical symptoms (e.g., vomiting or incontinence).

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Protections and Procedures

What are the rights of a Complainant?

The Complainant is the person alleged to have been subjected to discrimination, harassment or sexual misconduct in violation of the University's anti-discrimination policies. The University may serve as the Complainant under certain circumstances. All parties involved will be treated equitably. Under the equity resolution process, the Complainant has a right:

To be treated with respect by University officials
To have access to University 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 Process or the Administrative Resolution Process (for students or faculty)
To have an opportunity to present a list of potential witnesses and provide evidence to the Investigator
To be free from retaliation
To have complaints heard in substantial accordance with the processes outlined in Chapter 600 of the UM System Collected Rules and Regulations
Where the Complainant is not the person who reported the incident, the Complainant has full rights to participate in any Equity Resolution Process
To be informed of the finding, rationale, sanctions and remedial actions
To report the matter to law enforcement (if applicable) and to have assistance in making a report to law enforcement
To have an opportunity to appeal the findings and sanctions

Additional Rights for Student Complainants:

To request reasonable housing, living and other accommodations and remedies consistent with Section 600.030.F of the UM System Collected Rules and Regulations
To receive amnesty for minor student misconduct that is related to the incident, at the discretion of the Equity Officer or Title IX Coordinator
To request a no contact directive/order between the Parties
For the Hearing Panel Resolution Process, a student complainant has a right:
- To receive notice of the hearing
- To have the names of witnesses that may participate in the hearing at least five business days prior to the hearing
- To have copies of all pertinent documentary evidence and any investigative report at least five business days prior to the hearing
- To be given reasonable notice of witnesses and/or reasonable time to review pertinent documentary evidence of which the Hearing Panel learned of less than five business days prior to the hearing
- To request alternative attendance or questioning mechanisms for the hearing (e.g.: screens, Skype, questions directed through the Chair, etc.)
- 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 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 600.030.N for applicable limitations)
- To have present an Advisor during the hearing and to consult with such Advisor during the hearing

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 five business days prior to the hearing
To have copies of all pertinent documentary evidence and any investigative report at least five business days prior to the hearing
To be given reasonable notice of witnesses and/or reasonable time to review pertinent documentary evidence of which the Hearing Panel learned of less than five 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.N for applicable limitations)

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What are the rights of a Respondent?

The Respondent is the student, students or student organization, faculty member or members, administrative, service and support staff member or members, or the University of Missouri, one of the campuses within the University of Missouri System, or one of its or their academic programs, departments, or other institutional entities alleged to have violated the University’s Anti-Discrimination Policies. All parties involved will be treated equitably. Under the equity resolution process, the Respondent has a right:

To be treated with respect by University officials
To access to University support resources (such as counseling and mental health services and University health services), unless removed 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 Process or the Administrative Resolution Process (for students or faculty)
To have an equal opportunity to present a list of potential witnesses and provide evidence to the investigator
To receive notice of the policies that the Respondent has been charged with violating
To have complaints heard in substantial accordance with the processes outlined in Chapter 600 of the UM System Collected Rules and Regulations
To be informed in writing of the finding, rationale and sanctions or remedial actions
To have an opportunity to appeal the findings and sanctions

Additional Rights for Student Respondents:

To receive amnesty for minor student misconduct that is related to the incident, at the discretion of the Equity Officer or Title IX Coordinator
To request a no contact directive/order between the Parties
To request reasonable housing, living and other accommodations and remedies subject to other considerations in Section 600.030F
For the Hearing Panel Resolution Process, a student respondent has a right:
- To receive notice of the hearing
- To have the name of witnesses that may participate in the hearing at least five business days prior to the hearing
- To have copies of all pertinent important and relevant documentary evidence and any investigative report at least five business days prior to the hearing
- To be given reasonable notice of witnesses and/or reasonable time to review pertinent documentary evidence of which the Hearing Panel learned of less than five 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 600.030.N for applicable limitations)

Additional Rights for Faculty Respondents 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 five business days prior to the hearing
To have copies of all pertinent documentary evidence and any investigative report at least five business days prior to the hearing
To be given reasonable notice of witnesses and/or reasonable time to review pertinent documentary evidence of which the Hearing Panel learned of less than five 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 Hearing Panel Chair
To question witnesses present and testifying at the hearing (see Section 600.040.N for applicable limitations)

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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
Implementing contact limitations between the 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 Parties
Adjusting the courses, assignments, exam schedules of the Parties
Adjusting the extracurricular activities, work schedules, work assignments, supervisory responsibilities, supervisor reporting responsibilities or work arrangements of the Parties
Altering the on-campus housing assignments, dining arrangements, or other campus services for the Parties
Informing the Complainant 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 Respondent from University housing, classes, the University campus/facilities/events and/or all other University activities or privileges for which the Respondent might otherwise be eligible, when the Equity Officer or Title IX Coordinator finds and believes from the available information that the presence of the Respondent on campus would seriously disrupt the University or constitute a danger to the health, safety, or welfare of members of the University community

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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 UM System 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 between the Parties.
Referral of the Complainant to victim advocacy and support services either on and/or off-campus.
Adjusting the extracurricular activites, work schedules, work assignments, supervisory responsibilities, supervisor reporting responsibilities or work arrangements of the Parties.
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 Respondent.
Implementing suspension from campus with or without pay for the Respondent.

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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 Equity Officer, in consultation with 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 between the Parties.
Referral of the Complainant to victim advocacy and support services either on and/or off-campus.
Adjusting the extracurricular activities, work schedules, work assignments, supervisory responsibilities, supervisor reporting responsibilities or work arrangements of the Parties.
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 Respondent.
Implementing suspension from campus with pay for the Respondent.

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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, and includes adverse action taken against any person for making any good faith report to an Equity Officer or Title IX Coordinator or for testifying, assisting, or participating in any investigation or proceeding involving allegations of discrimination, harassment or sexual misconduct. 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.

The University strictly prohibits retaliation. Any person who engages in such retaliation shall be subject to disciplinary action in accordance with applicable procedures. If you believe you have been the subject of retaliation, contact your Equity Officer or Title IX Coordinator.

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What if the Complainant requests confidentiality?

After reporting an incident to the Equity Officer or Title IX Coordinator, a representative from the Title IX office will contact the Complainant and request consent to proceed to an investigation. If consent is not given 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 Complainant and the Respondent, can it still be sexual assault?

A previous sexual history does not equate to consent during the time of the alleged event.

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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. The University does not conduct criminal investigations.

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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 600.030 for students, Section 600.040 for faculty, and Section 600.050 for staff of the UM System 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, visitors, patients and other members of the University community, 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 the Parties 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 Respondent) how is this potential bias addressed?

If a supervisor has a conflict as determined by the Equity HR Officer, the Equity HR Officer (or Title IX Coordinator or designee if sex discrimination is alleged) 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, allows the University to choose the standard of proof utilized in its Title IX proceedings. The preponderance of the evidence standard used for Title IX cases at the University is the same standard utilized in other University student conduct matters. This standard of proof means that the appropriate administrative officer or Hearing Panel must determine whether a complaint of discrimination, etc. is "more likely than not" to have occurred.

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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 the Complainant contact if they 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 University Title IX Coordinator. Find your University's Title IX Coordinator’s contact information here. You can also file a report online through your University's 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 University here. Besides reporting, we encourage you to seek any resources you might need, including counseling and health services. Visit your University's 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 the Respondent contact when accused of a Title IX offense?

The Title IX Coordinator or Deputy Coordinator and the Title IX Investigator will be in contact with the Respondent and can help guide them through the process, which includes access to an Advisor of the Respondent’s choice. We also encourage a Respondent to seek any resources needed, including counseling and health services. Visit your University's 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 is 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 at each University?

MU: http://title9.missouri.edu

Assistant Vice Chancellor for Civil Rights & Title IX and Title IX Coordinator
Andy Hayes, JD
Office for Civil Rights & Title IX
202 Jesse Hall
University of Missouri
Columbia, MO 65211
573-882-3880
573-882-2824
hayesas@missouri.edu

Director of Investigations and Deputy Title IX Coordinator
Amber Lammers, JD
145 Heinkel Building
University of Missouri
Columbia, MO 65211
573-882-0943
LammersA@missouri.edu

Executive Associate Athletic Director and Deputy Title IX Coordinator
Sarah Reesman, JD
Department of Intercollegiate Athletics
1 Champions Drive, Suite 200
Columbia, MO 65211
573-884-6428
ReesmanS@missouri.edu

For Title IX complaints at MU Health Care:

Director of HRIS & Employee Relations, Title IX Coordinator & HR Equity Officer
Jason W. Miller, MBA, SHRM-SCP
University of Missouri Health Care
One Hospital Drive
Columbia, MO 65212
573-882-8187
millerjaw@health.missouri.edu

HR Compliance Manager & Deputy Title IX Coordinator
Lacy Lugo, JD
Employee Relations Specialist
University of Missouri Health Care
One Hospital Drive
Columbia, MO 65212
573-882-8187
LugoL@health.missouri.edu

UMSL: https://www.umsl.edu/title-ix/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
Associate Vice Provost
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
Neil Outar, J. D.
573-341-6038
naoutar@mst.edu
203 Centennial Hall

Title IX Deputy Coordinator
Benjamin White
573-341-4382
benjamin.white@mst.edu
203 Centennial Hall

Title IX Deputy Coordinator
Debbie Hickey
573-341-4178
dhickey@mst.edu
G-2 Gale Bullman Multi-Purpose Building

Title IX Intake Officer
Siobhan Macxis
573-341-7739
macxiss@mst.edu
203 Centennial Hall

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

Title IX Coordinator

Dr. Sybil Wyatt
Director of Affirmative Action
5115 Oak Street
Administrative Center 212
Kansas City, MO 64112
816-235-6910
wyattsb@umkc.edu

Title IX Deputy Coordinators

KC Atchinson
Title IX Compliance Specialist/Senior EO Investigator
Office of Affirmative Action, AC 212A
816-235-6705
atchinsonk@umkc.edu

Michael Garvin
Equity Specialist/Senior EO Investigator
Office of Affirmative Action, AC 212C
816-235-1771
garvinm@umkc.edu

Keishea Boyd
Director of Student Conduct & Civility
Student Union #323, Division of Student Affairs
Kansas City, MO 64110
816-235-1047
boydkm@umkc.edu

Ursula Gurney
Senior Associate Athletic Director for Internal Operations/SWA
Intercollegiate Athletics
816-235-5599
gurneyu@umkc.edu

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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 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

Employee Assistance Program (EAP)
102 Parker Hall
Columbia, Missouri 65211
(573) 882-6701

MU Health Care (medical providers)

UMKC

UMKC Counseling Services
Brookside 51
(816) 235-1635
http://www.umkc.edu/chtc/

UMKC Student Health and Wellness
Brookside 51
(816) 235-6133
http://www.umkc.edu/chtc/

Violence Prevention & Response
108 Haag Hall
(816) 235-1652
https://info.umkc.edu/vpr/

Employment Assistance Program (EAP)
(816) 931-3073 or (800) 327-1223

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/

Employee Assistance Program (EAP)
(314) 516-5824

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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 University 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 Respondent, faculty as Respondent (if there is an academic appointment affiliated with the student) or staff as Respondent (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?

A Mandated Reporter is 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), 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.

*NOTE: Employees with a legal obligation or privilege of confidentiality (including health care providers, counselors, lawyers, and their associated staff) are not considered Mandated Reporters and are not required to report when the information is learned in the course of a confidential communication. This also means that the employee seeking the exemption is employed by the University for that specific purpose and was acting in that capacity when the confidential disclosure was made. If the information is not learned in the course of confidential communication (for example, behavior is observed in class) then the employee has the same obligation as a Mandated Reporter.

Consistent with the law and upon approval from the Office of the General Counsel, campuses may also designate non-professional counselors or advocates as confidential for purposes of this policy and, therefore, excluded from the definition of Mandated Reporters. However, these individuals are required once per month to report to the Title IX Coordinator aggregate, non-personally identifiable information regarding incidents of sex discrimination reported to them. The aggregate data report should contain general information about individual incidents of sexual violence such as the nature, date, time, and general location of the incident. Confidentiality in this context is not the same as privilege under the law.

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What happens after a Title IX complaint is made?

Once a report is submitted, and depending on the detail of the information provided, the University will take reasonable steps to stop the behavior/conduct if it is continuing, prevent its recurrence, investigate the matter and remedy its effects, in accordance with the University of Missouri System’s Collected Rules and Regulations.

In addition to the right to file a Title IX complaint, a Complainant always has the right to file a complaint with local law enforcement if they believe a crime has occurred.

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How do I file a complaint?

There are several resources available at each University 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 University's Title IX Coordinator to file a report
Some University's have online reporting available – the University's 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 University 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 UM System 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 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 University 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 Respondent 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 a Complainant or Respondent is a student, the student Complainant or Respondent 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 Respondent during any meeting or proceeding. The Parties are expected to ask and respond to questions on their own behalf. 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 Respondent, three trained administrators or staff members serve on the panel. Each 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 Equity Resolution Policies. The Chancellor (or designee) will select a Hearing Panelist Pool Chair, who assigns and coordinates the pool and those Panelists assigned to specific hearings.

For cases involving faculty as Respondent, three trained members serve on the panel, including at least one faculty member and one administrator or staff member. Each 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 Equity Resolution 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.

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

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

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If a Complainant or Respondent 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 fourteen business days in advance of the hearing. Should either Complainant or Respondent object to any panelist, they must raise all objections, in writing, to the Hearing Panelist Chair at least seven days prior to the hearing. Hearing Panel members will only be unseated if the Hearing Panelist Chair concludes that good cause exists for their removal. Good cause may include, but is not limited to, bias that would preclude an impartial hearing or learning environment due to the current or potential interactions with the panel member (e.g., a panel member being in the same department as either Party). 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 2020-02-13

Definitions

Protections and Procedures

Responsibilities and Personnel

Reporting

The Equity Resolution Process

Definitions

Protections and Procedures

Responsibilities and Personnel

MU

UMKC

Missouri S&T

UMSL

Reporting

The Equity Resolution Process

Emergencies