Frequently Asked Questions
Here are some of the most commonly asked questions concerning the university's Title IX policy and procedures. Sections include privacy concerns, a definition of terms, and drug use.
Privacy concerns
Does information about a complaint remain confidential?
The university will maintain the privacy of all parties to a complaint, except when
it interferes with the university’s obligation to fully investigate the allegations.
When privacy is not strictly kept, it will still be tightly controlled on a need-to-know
basis. Sharing of information and/or written materials to persons not involved in
the complaint procedure is not permitted. Violations of the privacy of the complainant
or respondent may lead to conduct action by the university.
In Title IX investigations, all parties will be informed of the outcome. Certain university administrators are informed of the outcome within the bounds of student privacy.
The university must statistically report the occurrence on campus of major violent crimes, including certain sex offenses, in an annual report of campus crime statistics. This statistical report does not include personally identifiable information.
Can I make a report anonymously?
Anyone can make an anonymous report concerning a Title IX violation. You may report
the incident without disclosing your name, identifying the respondent or requesting
any action. The level of information shared and made available about the incident
or the individuals involved will affect the university’s ability to respond.
You can make a report via telephone at 888-233-8988 (toll free) or the online Ethics Portal form.
Will my parents be told?
Whether you are the complainant or respondent, the university’s primary relationship
is to the student. The Title IX office will not contact the parents of anyone involved
in a Title IX investigation, without a signed Family Educational Rights and Privacy Act (FERPA) Release of Information Authorization
, which allows communication with parents and/or another permissible third party.
Without the authorization your parents will only learn of a Title IX incident if you
choose to tell them.
In the event of major medical, disciplinary or academic jeopardy, students are strongly encouraged to inform their parents.
Will the accused individual know my identity?
Title IX allegations are serious and if a formal complaint is filed against a named
respondent, the respondent will be notified of the identity of the complainant.
If you believe that you have experienced sexual misconduct or sexual assault you can speak to someone in the Title IX office without providing the identity of the person you believe caused you harm. In that case, a respondent is not named and will not be contacted. The issue is counted in the university’s reporting data (Clery Act), but no formal investigation or confrontation can be conducted.
The Title IX policy has an anti-retaliation clause that prohibits retaliation for filing a Title IX complaint.
Do I have to provide the name of the person I believe violated Title IX?
You do not have to provide the name of the person you believe violated Title IX unless:
- You choose to file a formal complaint
- You want formal disciplinary action to be taken against the alleged assailant.
The university's ability to respond comprehensively to a complaint may be limited if a complainant chooses not to identify the person they believe violated Title IX. In cases where no respondent is identified, the goal of the Title IX office is to offer resources to the reporting individual.
What do I do if I am accused of a Title IX violation?
If you are accused of a Title IX violation:
- Someone from the Title IX office will contact you to schedule a meeting. You may bring a support person to that meeting.
- Contact the Title IX office with any questions about the process or policy.
- Do not contact the complainant.
Is it sexual assault?
What should I do if I am uncertain about what happened, or whether it constitutes
sexual assault?
If you believe that you have experienced sexual misconduct or sexual assault, but
are unsure whether it was a violation of the university’s policy on sexual assault, stalking and other forms of sexual misconduct, contact the Title IX office for help defining and clarifying the event(s) and to
learn of options available to you.
What is consent?
Consent should be:
- Informed: a person has an understanding of what is being asked of them;
- Voluntary: the choice by a person to participate or not participate is present and respected;
- Active: actions, both verbal and non-verbal, demonstrate agreement of both parties.
Use clear words and actions: No means No. Stop means Stop. Slow Down means Slow Down.
A person cannot LEGALLY give consent if:
- A person is impaired, incapacitated or unconscious from voluntary or involuntary drug or alcohol use;
- A person has a physical or mental disability that prevents him or her from understanding what is happening.
If I engage in a sexual activity with someone who has been drinking, can I be accused
of sexual assault?
Yes, if you engage in a sexual activity with someone who has been drinking, you can
be accused of sexual assault. It is against the university’s policy on sexual assault, stalking and other forms of sexual misconduct to engage in any sexual activity with someone who is mentally or physically incapacitated,
and therefore incapable of giving consent. Alcohol may cause such a state of incapacitation.
However, the individual facts and circumstances will be evaluated on a case by case
basis.
Drug or alcohol use
Will a student be punished when reporting a Title IX policy violation if he/she has
illegally used drugs or alcohol?
The university's primary concern is the health and safety of its students. When conducting
an investigation of an alleged Title IX violation, the university’s focus will be
on addressing the Title IX violation and not the lesser policy violations that may
be discovered or disclosed. The Title IX policy contains an amnesty provision regarding
possible alcohol violations.
Will the use of drugs and/or alcohol affect the outcome of a complaint?
The use of alcohol and/or drugs by either party will not diminish the responsibility
of the accused. However, alcohol and/or other drugs may affect perception and memory. Use
of alcohol and/or other drugs will never excuse a violation by the respondent.