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Category: Athletics

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Title IX Sexual Harassment, Sexual Assault, Dating & Domestic Violence, and Stalking

Statement of Non-Discrimination

Simmons College of Kentucky is an equal opportunity employer and educational institution committed to providing equal employment and educational opportunities to all individuals. In accordance with Title VI and VII of the Civil Rights Act of 1964, Title IX of the Educational Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act (ADA) of 1990, and the ADA Amendment Act of 2008, Simmons College does not discriminate against individuals on the basis of their race, color, ethnicity, national origin, creed, religion, political belief, sex, sexual orientation, gender identity, gender expression, marital status, age, uniformed services, veteran status, genetic information, pregnancy, childbirth or related medical conditions, physical or mental disability, the intersection of these identities or any other characteristic protected under applicable federal, state, or local law. This nondiscrimination policy and practice applies to admissions, employment, and access to and treatment in Simmons College’s educational programs and activities in admission to career and technical education programs and/or activities, or employment practices. In addition, Simmons College will not conduct business with any vendor who exhibits discriminatory and/or harassing behavior(s).

About Title IX at Simmons College of Kentucky

Simmons College is committed to providing a safe and non-discriminatory learning, living, and working environment for all members of the college community. Simmons College is fortunate to have a safe campus. Nevertheless, the possibility of sexual harassment, stalking, rape, date rape, and sexual assault exists, just as it exists on any campus. 

Simmons College does not discriminate on the basis of sex, gender, or sexual orientation in any of its education or employment programs and activities. Title IX of the Education Amendments of 1972 prohibits discrimination on the basis of sex in the college’s programs and activities. The college will respond to complaints or reports about prohibited conduct with measures designed to stop the behavior, eliminate any such discrimination, prevent the recurrence of the prohibited conduct, and remediate any adverse effects of such conduct on campus or in college-related programs or activities. This may include the implementation of interim restriction(s). 

If a student, staff, or faculty member believes they know of a case of sexual misconduct, they should promptly report incidents to the Title IX coordinator:

 

Debbie McDonald, PHR, SHRM-CP
Human Resources Manager/Title IX Coordinator
dmcdonald@simmonscollegeky.edu
502.776.1443, ext. 5168 

Simmons College of Kentucky
1000 South Fourth St.
Louisville, KY 40203
Phone: 502-776-1443

 

All faculty and staff (including all resident assistants, resident directors, and resident chaplains) who observe or are aware of sexual misconduct are required to immediately report those incidents to the Title IX coordinator and/or Title IX Representatives. The faculty or staff member should not investigate or try and resolve or mediate the situation. 

File a Complaint

File a Title IX Complaint

How to File: To file a Title IX complaint, contact the Title IX coordinator or one of the Title IX representatives.

Students who believe they have been subjected to discrimination or harassment in violation of Title IX should report these concerns immediately to the title IX coordinator. Title IX prohibits retaliation by any student and/or employee against anyone who reports an alleged Title IX violation. If students, staff, or faculty members believe someone they know has experienced sexual misconduct, they should promptly report incidents to the Title IX coordinator. All faculty and staff (including all Resident Assistants, Resident Directors, and Resident Chaplains) who observe or are aware of sexual misconduct are required to immediately report to the Title IX coordinator. The faculty or staff member should not investigate or try and resolve or mediate the situation.

Inquiries may also be directed to the:

United States Department of Education’s Office for Civil Rights
District of Columbia Office, U.S. Department of Education
400 Maryland Avenue
S.W. Washington, DC 20202-1475

Title IX Amnesty

Simmons College encourages the reporting of possible violations of Title IX policy by those subject to the violation or witnesses.

Sometimes students are reluctant to make such reports or participate in a grievance proceeding because they themselves may be accused of a conduct violation, such as drinking. However, it is in the best interests for those subject to sexual misconduct or witnesses of possible violations to report to the Title IX coordinator.

Thus, a student who reports sexual misconduct by another will not be subject to conduct violations or disciplinary proceedings for her/his own personal consumption or possession of alcohol at or near the time of the incident, provided that the reporting student’s actions did not place the health or safety of any other person at risk or violate additional college policies. Only those who are subject to the violation or a witness may receive amnesty, not the alleged respondent.

Questions?

Questions regarding the application of Title IX and other laws, regulations and policies prohibiting discrimination may be directed to the Title IX coordinator. If you have questions about whether a particular action or misconduct qualifies as Title IX, please also contact the Title IX coordinator. This will not trigger a formal investigation.

Title IX Representatives

Gwen Blackburn
gblackburn@simmonscollegeky.edu
502.776.1443 — ext. 5173

Dr. Frank Smith
fsmith@simmonscollegeky.edu
502.776.1443 — ext. 5116

Dr. Chris Caldwell
ccaldwell@simmonscollegeky.edu
502.776.1443 — ext. 5164

Charles Nance
cnance@simmonscollegeky.edu
502.776.1443, ext. 5128 (Parrish Hall) or ext. 5167 (Steward Hall)  

Courtney Standard
cstandard@simmonscollegeky.edu
502.776.1443 — ext. 5172 

Legal Counsel
Chris Sanders, J.D.

Policies & Procedures

Title IX Policies & Procedures

A. Notice of Non-Discrimination; Complaints Concerning Discrimination, Hostile Environment, and/or Sexual Harassment under Title IX.

Simmons College is committed to equality of educational opportunity.  Simmons College does not permit discrimination or harassment in our programs and activities on the basis of race, color, sex, sexual orientation, gender identity, age, ethnicity or national origin, religion, disability, genetic information, protected veteran status and any other characteristic protected by law, except where appropriate and authorized by law.

Simmons College is committed to providing a safe and non-discriminatory learning, living, and working environment for all members of the College community. Simmons College does not discriminate on the basis of sex or gender in any of its education or employment programs and activities. Title IX of the Education Amendments of 1972 prohibits discrimination on the basis of sex in the College’s programs and activities. The College will respond to complaints or reports about prohibited conduct with measures designed to stop the behavior, eliminate any such discrimination, prevent the recurrence of the prohibited conduct, and remediate any adverse effects of such conduct on campus or in College-related programs or activities. This may include the implementation of interim restriction(s). The College has an obligation to make reasonable efforts to investigate and address complaints or reports of sex discrimination, including but not limited to, sexual violence, sexual harassment, sexual assault, stalking, dating/domestic violence, retaliation, and other related forms of sex discrimination or sexual misconduct, whenever it becomes aware of such a complaint or report.

Collectively, these terms are referred to in this policy as “Sexual Misconduct.” Once made aware, the College must conduct an investigation regardless of how the information was brought to the College’s attention or the extent to which the Complainant wishes to participate or be involved. This policy refers to the individual who is the alleged victim of the behavior(s) in question as the “Complainant” and the alleged to have committed the violation of the policy as the “Respondent.”

Students, staff, and faculty who believe they have been subjected to discrimination or harassment in violation of Title IX should follow the procedures outlined in this policy to report these concerns immediately to the Title IX Coordinator identified below. Title IX prohibits retaliation by any student and/or employee against anyone who reports an alleged Title IX violation.

Inquiries, regarding the application of Title IX and other laws, regulations and policies prohibiting discrimination may be directed to the Title IX Coordinator:

Debbie McDonald, PHR, SHRM-CP

Human Resources Manager

dmcdonald@simmonscollegeky.edu

502.776.1443, ext. 168

Inquiries may also be directed to the:

United States Department of Education’s Office for Civil Rights, District of Columbia Office

U.S. Department of Education, 400 Maryland Avenue

S.W. Washington, DC 20202-1475

Telephone: (202)453-6020;

Facsimile: (202)453-6021

Email: OCR.DC@ed.gov

This Title IX policy governs the conduct of Simmons College students, regardless of enrollment status; faculty; staff; and third parties (i.e., non-members of the College community, such as vendors, alumni/ae, visitors, or local residents).

This Title IX policy applies to all College programs and activities. All campus community members are responsible for their actions and behavior, whether the conduct in question occurs on campus or in another location. Members of the campus community have a responsibility to adhere to College policies and local, state and federal law. As a result, this policy applies both to on-campus and off-campus conduct. In particular, off-campus behaviors that have an actual or potential adverse impact on any member of the campus community or the College fall under this policy. Although there is no geographic limitation to invoking this policy, sexual misconduct that is alleged to have occurred at a significant distance from the College may be more difficult to investigate.

Third parties are both protected by and subject to this policy. A third party may report or file a complaint concerning a violation of this policy committed by a member of the College community. A third party may also be permanently barred from the College or subject to other restrictions for failing to comply with this policy. This policy applies to conduct that occurs on college property, and in certain circumstances, off college property (i.e., off campus). This policy applies to conduct that occurs off campus when the conduct is associated with a College-sponsored program or activity, such as travel, research, or internship programs; when it utilizes owned or provided technology resources; or when such conduct may have a nexus to campus, such as a continuing adverse effect or creation of a hostile environment on campus. Judgments about these matters will depend upon the facts of an individual case.

B. Campus Life Policies and Practices

Simmons College prohibits the crimes of dating violence, domestic violence, sexual assault, and stalking as later defined herein. Simmons College is fortunate to have a very safe campus. Nevertheless, the possibility of rape, date rape, and sexual assault exists, just as it exists on any campus. The College’s approach to addressing this problem is to (a) educate the campus community as a means of prevention; (b) deter such acts through prompt reporting and investigation of alleged violations of this policy, and the imposition of sanctions where a violation is found by a preponderance of the evidence; (c) provide assistance to Complainants; and (d) place Complainants in contact with local law enforcement to investigate possible legal prosecution.

If a student, staff, or faculty member believes someone they know has experienced sexual misconduct, they should promptly report incidents to the Title IX Coordinator, Debbie McDonald. All faculty and staff (including all Resident Assistants, Resident Directors, and Resident Chaplains) who observe or are aware of sexual misconduct are required to immediately report to the Title IX Coordinator. The faculty or staff member should not investigate or try and resolve or mediate the situation.

Simmons College encourages the reporting of possible violations of Title IX policy by those subject to the violation or witnesses. Sometimes students are reluctant to make such reports or participate in a grievance proceeding because they themselves may be accused of a conduct violation, such as drinking. However, it is in the best interests for those subject to sexual misconduct or witnesses of possible violations to report to the Title IX Coordinator. Thus, a student who reports sexual misconduct by another will not be subject to conduct violations or disciplinary proceedings for her/his own personal consumption or possession of alcohol at or near the time of the incident, provided that the reporting student’s actions did not place the health or safety of any other person at risk or violate additional College policies. Only those who are subject to the violation or a witness may receive amnesty, not the alleged Respondent.

All Simmons College employees shall refrain from any inappropriate relationship with students to the extent that the relationship may compromise any policies and/or expectations of the College as an institution of higher education. Inappropriate relationships include any romantic or physically intimate liaison with a student outside the bonds of marriage.

All graduate assistants shall not engage in a dating or inappropriate relationship with an undergraduate student that they have direct supervisory authority over.

C. Definitions

Awareness Programs: Community-wide or audience-specific programming, initiatives, and strategies that increase audience knowledge and share information and resources to prevent violence, promote safety, and reduce perpetration.

Bystander intervention: Safe and positive options that may be carried out by an individual or individuals to prevent harm or intervene when there is a risk of dating violence, domestic violence, sexual assault, or stalking. Bystander intervention includes recognizing situations of potential harm, understanding institutional structures and cultural conditions that facilitate violence, overcoming barriers to intervening, identifying safe and effective intervention options, and taking action to intervene. Bystanders may report possible misconduct and all faculty and staff (including all Resident Assistants, Resident Directors, and Resident Chaplains) who observe or aware of sexual misconduct are required to immediately report to the Title IX Coordinator.

Complainant: The individual who has experienced alleged sexual misconduct.

Conflict of Interest: The Title IX coordinator cannot have other job responsibilities that may create a conflict of interest. For example, it is not recommended to appoint the district’s athletic director as the head or senior Title IX coordinator because he or she would have to be responsible for handling any allegations of sexual harassment or sexual assault against athletic personnel.

Consent: The explicit approval and permission to engage in sexual activity demonstrated by clear actions, words, or writings. Consent is informed, freely given and mutually understood by all parties involved. If coercion, intimidation, threats, and/or physical force are used, there is no consent. If the Complainant was mentally or physically incapacitated or impaired so that the Complainant could not understand the fact, nature, or extent of the sexual situation, there is no consent; this includes conditions due to alcohol or drug consumption, or being asleep or unconscious, or under the age of legal consent, or unable to give consent under current law. Silence does not necessarily constitute consent, and past consent of sexual activities does not imply ongoing future consent. Whether the Respondent has taken advantage of a position of influence over the Complainant may be a factor in determining whether consent was freely given. Consent to some form of sexual activity cannot be automatically taken as consent to any other form of sexual activity. Consent can be withdrawn at any time.

Dating Violence: Violence that is committed by a person who is or has been in a social relationship of a romantic or intimate nature with the Complainant. The existence of such a relationship shall be determined based on the reporting party’s statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.

For the purposes of this definition—

  • Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse.
  •  Dating violence does not include acts covered under the definition of domestic violence.

Domestic violence: A felony or misdemeanor crime of violence committed-

  • By a current or former spouse or intimate partner of the Complainant;
  •  By a person with whom the Complainant shares a child in common;
  •  By a person who is cohabitating with, or has cohabitated with, the Complainant as a spouse or intimate partner;
  •  By a person similarly situated to a spouse of the Complainant under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred, or
  •  By any other person against an adult or youth Complainant who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred.

Discrimination: Any distinction, preference, advantage for or detriment to an individual compared to others that is based upon an individual’s actual or perceived race, color, sex, sexual orientation, gender identity, age, ethnicity or national origin, religion, disability, genetic information, protected veteran status and any other characteristic protected by law.

Discriminatory Harassment: Detrimental action based on an individual’s actual or perceived race, color, sex, sexual orientation, gender identity, age, ethnicity or national origin, religion, disability, genetic information, protected veteran status and any other characteristic protected by law that is so severe, persistent or pervasive that it unreasonably interferes with or limits a student’s ability to participate in or benefit from the college’s educational program or activities.

Gender-based Harassment: This is another form of sex-based harassment and refers to unwelcome conduct based on an individual’s actual or perceived sex, including harassment based on gender identity or nonconformity with sex stereotypes, and not necessarily involving conduct of a sexual nature

Hostile Environment: Harassing that was conduct sufficiently serious-that is sufficiently severe or pervasive-to deny or limit a student’s ability to participate in or benefit from the college’s program based on sex.

Ongoing Prevention and Awareness Campaigns: Programming, initiatives, and strategies that are sustained over time and focus on increasing understanding of topics relevant to and skills for addressing dating violence, domestic violence, sexual assault, and stalking, using a range of strategies with audiences throughout the institution and including information described in paragraph 34 CFR 668.46, paragraph (j)(1)(i) (A)-(F).

Pregnant and Parenting Students: The university may not (a) apply any rule concerning parental, family, or marital status that treats persons differently on the basis of sex; (b) discriminate against or exclude any student from its education program or activity, including any class or extracurricular activity on the basis of pregnancy, childbirth, false pregnancy, termination of pregnancy, or recovery therefrom; or (c) make pre-admission inquiries as to the marital status of an applicant for admission.

Primary prevention programs: Programming, initiatives, and strategies informed by research or assessed for value, effectiveness, or outcome that are intended to stop dating violence, domestic violence, sexual assault, and stalking before they occur through the promotion of positive and healthy behaviors that foster healthy, mutually respectful relationships and sexuality, encourage safe bystander intervention, and seek to change behavior and social norms in healthy and safe directions.

Proceeding: All activities related to a non-criminal resolution of an institutional disciplinary complaint, including, but not limited to, fact finding investigations, formal or informal meetings, and hearings. Proceeding does not include communications and meetings between officials and the Complainants concerning accommodations or protective measures to be provided to the Complainants.

Rape: The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by the sex organ of another person, without the consent of the Complainant.

Respondent: The individual who has been accused of committing sexual misconduct.

Result: Any initial, interim, and final decision by any official or entity authorized to resolve disciplinary matters within the institution. The result must include any sanctions assigned by the institution. Notwithstanding section 444 of the General Education Provisions Act (20 U.S.C. 1232g), commonly referred to as the Family Educational Rights and Privacy Act (FERPA), the result must also include the rationale for the result and the sanctions.

Retaliatory Harassment: Intentional action taken by an accused individual, allied third party, or the Title IX Coordinator, absent legitimate non-discriminatory purposes, that harms an individual as reprisal for filing or participating in a proceeding under this policy or any other grievance or disciplinary proceeding, or advocating for others’ Title IX rights. Any such action is strictly prohibited and may be investigated and reviewed as a separate violation of these Title IX Policies and Procedures.

Risk Reduction: Options designed to decrease perpetration and bystander inaction, and to increase empowerment for the Complainant in order to promote safety and to help individuals and communities address conditions that facilitate violence.

Sex Offenses: Any sexual act directed against another person, without consent of the Complainant including instances where the Complainant is incapable of giving consent.

  • Rape – the carnal knowledge of a person, forcibly and/or against the person’s will; or not forcibly or against the person’s will where the Complainant is incapable of giving consent because of his/her temporary or permanent mental or physical incapacity (or because of his/her youth).
  •  Sodomy – oral or anal sexual intercourse with another person, forcibly and/or against the person’s will; or not forcibly or against the person’s will where the Complainant is incapable of giving consent because of his/her temporary or permanent mental or physical incapacity.
  •  Sexual Assault with an Object – the use of an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, forcibly and/or against that person’s will; or not forcibly or against the person’s will where the Complainant is incapable of giving consent because of his/her temporary or permanent mental or physical incapacity (or because of his/her youth).
  •  Forcible Fondling – the touching of private body parts of another person for sexual gratification, forcibly and/or against that person’s will; or not forcibly or against the person’s will where the Complainant is incapable of giving consent because of his/her temporary or permanent mental or physical incapacity (or because of his/her youth).

Sex Offenses – Non-Forcible: Unlawful, non-forcible sexual intercourse.

  • Incest – Non-forcible sexual intercourse between persons who are related to each other within degrees wherein marriage is prohibited by law.
  •  Statutory Rape – Non-forcible intercourse with a person who is under the statutory age of consent.

Sexual Harassment: Any unwelcome conduct of a sexual nature and can include unwelcome sexual advances, requests for sexual favors, and other verbal, or physical conduct of a sexual nature, such as assault or acts of sexual violence. Examples of sexually harassing conduct include, but are not limited to:

  • making sexual propositions or pressuring students for sexual favors;
  • touching of a sexual nature;
  • writing graffiti of a sexual nature;
  • making via electronic means, displaying, or distributing sexually explicit
  • drawings, videos, pictures, or written materials, in any manner or through social media;
  • performing sexual gestures or touching oneself sexually in front of others;
  • telling sexual or dirty jokes;
  • spreading sexual rumors or rating other students as to sexual activity or performance; or circulating or showing e-mails or Web sites of a sexual nature.

Sexual Harassment of a Student by another Student: Any unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature by a student toward another student that is so severe, persistent or pervasive that it unreasonably interferes with or limits a student’s ability to participate in or benefit from the college’s educational program or activities.

Sexual Harassment of a Student by a Faculty/Staff Member: Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature by a faculty or staff member toward a student are held to constitute sexual harassment when: Submission to such sexual conduct is made either explicitly or implicitly a term or condition of rating an individual’s educational development or performance; or such conduct is so severe, persistent or pervasive that it unreasonably interferes with or limits a student’s ability to participate in or benefit from the college’s educational program or activities.

Sexual Violence: Sexual violence is a form of sexual harassment and refers to physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent (e.g., due to the student’s age or use of drugs or alcohol, or because an intellectual or other disability prevents the student from having the capacity to give consent). A number of different acts fall into the category of sexual violence, including rape, sexual assault, sexual battery, sexual abuse, and sexual coercion.

Stalking: Engaging in a course of conduct directed at a specific person that would cause a reasonable person to

  • Fear for the person’s safety or the safety of others; or suffer substantial emotional distress

For the purposes of this definition-

  • Course of conduct means two or more acts including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveys, threatens, or communicates to or about a person, or interferes with a person’s property.
  • Reasonable person means a reasonable person under similar circumstances and with similar identities to the Complainant.

D. Procedures

When a complaint is filed alleging discrimination, harassment, or sexual misconduct in violation of Title IX as defined herein, or such alleged conduct is brought to the attention of the Title IX Coordinator, the process involves an immediate initial inquiry by the Title IX Coordinator to determine if there is reasonable cause to believe the conduct or discrimination occurred. If the Title IX Coordinator determines there is reasonable cause to believe the conduct or discrimination as alleged has occurred, the Title IX Coordinator will initiate a prompt, thorough and impartial investigation.  This investigation is designed to provide a fair and reliable determination about whether the conduct or discrimination has occurred.  If so, the college will implement a prompt and effective remedy designed to end the conduct or discrimination, prevent its recurrence and address its effects.

If deemed necessary by the Title IX Coordinator, interim remedial measures to avoid contact between the Complainant and the alleged perpetrator (the “Respondent”) may be taken prior to completion of the investigation to change academic and extracurricular activities including living, transportation, dining, and working situations. The Complainant will be referred to the Office of Student Affairs to make him/her aware of all available resources such as victim advocacy, housing assistance, academic support, counseling, disability services, and health and mental health services, and the right to report a crime to Campus Safety or the Louisville Police Department.

This procedure is intended to apply to alleged discrimination or harassment in violation of this Title IX Policy. All other misconduct or grievances by students against students or employees against students will be addressed through the student academic/misconduct procedures or non-academic/non-misconduct grievance procedures located elsewhere in this Code which is administered by the Vice President for Student Affairs

1. Informal Process

Before pursuing the formal complaint process, every reasonable effort should be made to constructively resolve the issues. Whenever possible and safe, the problem or complaint should first be discussed with the Respondent who is the subject of the complaint. If the parties believe the issue has been resolved, they should nevertheless report the matter to the Title IX Coordinator for approval of the resolution. If satisfactory resolution is not reached after discussion with the Respondent, the Complainant should contact the Title IX Coordinator immediately regardless of whether the Respondent is a student or an employee. The university does not require a student to contact the Respondent or the Respondent’s supervisor if doing so is impracticable or unsafe, or if the student believes that the conduct cannot be effectively addressed through informal means.

2. Formal Process

If the informal process does not resolve the complaint, the Title IX Coordinator or a case investigator (either the “Investigator”) will be designated to formally investigate the complaint. The Investigator will be someone who is regularly trained on dating violence, domestic violence, sexual assault, stalking, and how to conduct an investigation and hearing process that protects the safety of the Complainant and promotes accountability. Notice of a formal student complaint can be made in person or orally to an appropriate official, but the college strongly encourages submission of the complaint in writing, by email attachment as a MS Word or pdf document, or other written form to the Title IX Coordinator identified above.

The Complainant should clearly and concisely describe the alleged incident(s), when and where it occurred, and the desired remedy sought. The complaint should be signed by the Complainant or, in the case of an email submission, sent as an email attachment, in letter format and should contain the name and all contact information for the Complainant. Any supporting documentation and evidence should be referenced within the body of the complaint. Additionally, the Complainant should submit any supporting materials in writing as quickly as is practicable.

Upon receipt of a complaint, the Investigator will direct the investigation and confer with the Title IX Coordinator on interim action, accommodations for the alleged Complainant, or other necessary remedial short-term actions.

The Investigator will then take the following steps:

  • In coordination with the campus Title IX Coordinator, initiate any necessary remedial actions to include preventing any contact between the Complainant and the alleged violator if necessary;
  • Determine the identity and contact information of the Complainant (whether that be the initiator, the alleged Complainant, or a College proxy or representative);
  • Identify the correct policies allegedly violated;
  • Conduct an immediate initial investigation to determine if there is reasonable cause to charge the Respondent , and what policy violations should be alleged as part of the complaint;
  • If there is insufficient evidence to support reasonable cause, the complaint should be closed with no further action;
  • Meet with the Complainant to finalize the complaint;
  • Prepare the notice of charges on the basis of the initial investigation;
  • Commence a thorough, reliable and impartial investigation;
  • Complete the investigation promptly, and without unreasonable deviation from the intended timeline;
  • Have both the Complainant and the Respondent review their statements made to the Investigator and sign off on them either in person or electronically as their full and complete statement;
  • Make a finding, based on a preponderance of the evidence (whether a policy violation is more likely than not), which may include a recommended sanction;
  • The decision of the Title IX Coordinator is final, and not subject to modification except through the appeals process set forth in Section 3.
  • Present the findings and recommended sanction to the Respondent, who may, accept it in part and reject them in part, or may reject all; and
  • Simultaneously share the findings and update the Complainant on the status of the investigation and the outcome.
  • Either party may appeal the findings pursuant to Section 3.

These procedures are entirely administrative in nature and are not considered legal proceedings. During the meeting with the Investigator or any subsequent proceedings, the Complainant or the Respondent may have an advisor or advocate accompany and assist him/her at their expense. This advisor can be anyone. If the case is reviewed by the Hearing Committee (see section 3), then the advisor may not take part directly in the hearing itself, though they may communicate with the Complainant or Respondent they represent as necessary as long as it does not disrupt the proceedings.

The Complainant and the Respondent will not be allowed to use electronic devices during the meeting with the Investigator, subsequent investigation meetings, reviewing documents, and in any Hearings; except to reveal evidence to the Investigator that is on the electronic device.

Interim Measures and Remedies for the Complainant. The Complainant may seek the assistance, in confidence, of the Campus Counselor and/or Campus Minister. Additionally, depending on the specific nature of the problem, the Vice President for Student Affairs in conjunction with the Title IX Coordinator may direct remedies for the Complainant which may include, but are not limited to:

  • Providing an effective escort to ensure that the Complainant can move safely between classes and activities;
  • Ensuring the Complainant and Respondent do not share classes or extracurricular activities;
  • Providing comprehensive, holistic victim services including medical, counseling and 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.

3. The Title IX Hearing Committee Procedures

a. When the Respondent accepts the finding that he/she violated the Title IX Policy, the findings cannot be appealed by the Respondent.

b. If the Complainant or Respondent is not satisfied with the Title IX Coordinator’s findings and/or the remedies/sanctions that the Title IX Coordinator in conjunction with the Vice President for Student Affairs assigned, the Complainant or Respondent may request a hearing before the Title IX Appeals Hearing Committee (THC). The hearing request must be made in writing within 3 school days to Office of the Vice President for Student Life. If the request is timely filed, the THC shall conduct a hearing in accordance with Section 3.c. within ten school (10) days, after notice to the Complainant or Respondent. For purposes of this decision, the THC will be provided all relevant documents and statements of witnesses, the Respondent, and the Complainant gathered by the Investigator. The THC may consult with the Investigator at any time about conflicts in testimony if it will not unduly prejudice the THC decision making process.

c. At any hearing conducted by the THC both the Complainant and the Respondent will be requested to appear, as well as any witnesses they wish to call. If requested, the Complainant and Respondent will not be present at the same time during the hearing, nor is the presence of the Complainant a prerequisite for the hearing to proceed. The failure of either or both parties to appear when properly notified will not prevent the hearing from taking place as scheduled or preclude a decision from being reached. The decision of the THC shall be based on a preponderance of the evidence.

d. If the THC finds, based upon a preponderance of the evidence, that there has been a violation of the Title IX Policy, THC may support the remedies/sanctions assigned by the Title IX Coordinator in conjunction with the Vice President of Student Affairs or assign further remedies/ sanctions in accordance with Section 3.e.

e. The THC is authorized to assign sanctions as outlined in this edition of the Student Handbook up to suspension. Based on the severity of the violation, the THC may recommend expulsion for the Respondent to the Vice President for Student Affairs.

4. Appeal to the Executive Appeals Committee

The Complainant and the Respondent will both be notified of the THC decision and will both have the option, if dissatisfied, to make written appeals to the Executive Appeals Committee (EAC) through the Office of the Vice President for Student Life. Notice of such appeals must be provided to the Office of the Vice President for Student Life within three (3) school days of the decision of the THC. The ONLY grounds for appeal are as follows:

A procedural [or substantive error] occurred that significantly impacted the outcome of the hearing (e.g. substantiated bias, material deviation from established procedures, etc.); To consider new evidence, unavailable during the original hearing or investigation, that could substantially impact the original finding or sanction. A summary of this new evidence and its potential impact must be included; The sanctions assigned are substantially disproportionate to the severity of the violation.

If the EAC determines that new evidence should be considered, it will return the complaint to the THC to reconsider in light of the new evidence, only. The reconsideration of the THC is not appealable.

If the EAC determines that a material procedural [or substantive] error occurred, it may return the complaint to the THC with instructions to reconvene to cure the error. In rare cases, where the procedural [or substantive] error cannot be cured by the THC (as in cases of bias), the EAC may request a new hearing of the complaint with a new body of hearing officers. The results of a reconvened hearing cannot be appealed. The results of a new hearing can be appealed, once, on the three applicable grounds for appeals.

If the EAC determines that the sanctions assigned are disproportionate to the severity of the violation, EAC may then increase, decrease or otherwise modify the sanctions. The decision of EAC is final.

E. Criminal Process

Victims of sexual assault, rape and/or date rape are encouraged to seek the criminal prosecution of their assailants. The Campus Safety Office will assist victims who choose to prosecute by transporting them to the appropriate law enforcement agency and providing information in support of the charges being preferred. In cases when the victims wish to remain anonymous, they will be referred to the appropriate law enforcement agency. However, the college will continue to investigate the report in compliance with Title IX.

The College views rape, date rape, and sexual assault as grievous violations of the law of God and man, the Code of Honor and the Student Code of Conduct. As such, these offenses will be addressed by the Executive Student Conduct Committee. A student who is proven to have committed or been involved in the commission of such an offense can expect to be suspended or expelled from the College.

Should a student be raped or sexually assaulted on the campus or in the vicinity of the school, the victim is urged to report the matter to Campus Safety without delay and preserve all evidence of criminal action. As unpleasant as it may be, the victim should not wash, shower, or change clothes. To a large extent, the victim is the evidence of the crime. The longer the delay between the incident and the time it is reported, the less likely it is that the criminal prosecution will be successful. It should also be noted that state laws dealing with victim compensation and aid limit eligibility for benefits to cases of rape and sexual assault reported within five (5) days.

By contacting the Louisville Police Department at the Campus Safety office, Campus Safety will arrange for proper care and assistance to be provided and for a victim’s advocate to be appointed, if the student wishes. Furthermore, the members of the Campus Safety Office pledge that:

  • They will meet with the victim privately, at a place of the victim’s choice in the local area, to take a complaint report.
  •  They will not release the victim’s name to the public or to the press.
  •  Their officers will not prejudge or blame the victim for what has occurred.
  •  They will treat the victim and the particular case with courtesy, sensitivity, dignity, understanding and professionalism.
  •  If the victim feels more comfortable talking with a female rather than a male officer, they will do their best to accommodate the victim’s request.
  •  They will assist the victim in arranging for any hospital treatment or medical needs.
  •  They will assist the victim in privately contacting counseling services and other available resources.
  •  They will fully investigate the victim’s case and will help the victim achieve the best outcome. This may involve the arrest and full prosecution of the suspect responsible. The victim will be kept up-to-date on the progress of the investigation and/or prosecution.
  •  They will continue to be available to the victim to answer questions, explain the systems and processes involved, and be willing listeners.
  •  They will consider the victim’s case seriously, regardless of the victim’s gender.

The investigation into the rape or sexual assault will be handled by the Louisville Police Department. The College is prepared to accommodate reasonable requests for academic schedule and housing changes by victims of rape and sexual assault. Such requests should be directed to the Student Affairs Office. It should be kept in mind that Simmons College is a relatively small school. Therefore, it may not be possible to completely avoid unpleasant encounters.

Know Your Title IX

1. Title IX is not just about sports.

Title IX is part of the 1972 Education Amendments, a landmark federal civil right that prohibits sex discrimination in education. Title IX also includes discrimination against pregnant and parenting students and women in STEM (science, technology, engineering, and math) programs. Title IX addresses sexual harassment, gender-based discrimination, and sexual violence. Sexual violence includes attempted or completed rape or sexual assault, as well as sexual harassment, stalking, voyeurism, exhibitionism, verbal or physical sexuality-based threats or abuse, and intimate partner violence.

2. Title IX does not apply to female students only.

Title IX protects ANY person from sex-based discrimination. Female, male, and gender non-conforming students, faculty, and staff are protected from any sex-based discrimination, harassment, or violence.

3. Title IX is not just for students.

Title IX protects all students, faculty, and staff from sex-based discrimination. This includes student to student acts, faculty and staff to student, student to faculty or staff, and staff or faculty towards either staff or faculty.

Third-parties who are not a member of Simmons College are also protected under Title IX. A third party may report or file a complaint concerning a violation of Simmons College Title IX policies, committed by a member of the college community. A third party may also be permanently barred from the college or subject to other restrictions for failing to comply with Simmons College Title IX policies.

4. Silence does not mean consent.

Consent is the explicit approval and permission to engage in sexual activity demonstrated by clear actions, words, or writings. Consent is asking every time, and consent can be withdrawn at any time. Consent to some form of sexual activity cannot be automatically taken as consent to any other form of sexual activity. Consent is informed, freely given, and mutually understood by all parties involved.

5. Title IX includes more than sexual assault and rape.

Sexual violence includes attempted or completed rape or sexual assault, as well as sexual harassment, stalking, physical sexuality-based threats or abuse, and intimate partner violence.

6. Simmons College will be proactive in ensuring that our campus is free of sex discrimination.

Under Title IX schools must take immediate steps to address any sex discrimination, sexual harassment, or sexual violence on campus to prevent it from affecting students further. At Simmons College if we know or reasonably should know about discrimination, harassment, or violence that is creating a “hostile environment” for any student, staff, or faculty member, the Title IX office will act to eliminate it, remedy the harm caused, and prevent its recurrence. Simmons College will not discourage survivors from continuing their education, such as telling them to “take time off” or forcing them to quit a team, club, or class. You have the right to remain on campus and have every educational program and opportunity available to you.

7. Simmons College has established procedures for handling complaints of sex discrimination, sexual harassment, or sexual violence.

The Title IX Coordinator manages Title IX complaints. If you decide to file a complaint, Simmons College will promptly investigate it regardless of whether you report to the police. A school may not wait for the conclusion of a criminal proceeding and should conclude its own investigation within a semester’s time (the 2011 Office for Civil Rights Title IX guidance proposes 60 days as an appropriate time-frame). Simmons College uses “preponderance of the evidence” (more likely than not) standard to determine the outcome of a complaint and if a Title IX violation occurred. Both parties will be notified in writing of the outcome and both have the right to appeal the decision.

8. Simmons College prohibits retaliation.

Simmons College strictly prohibits retaliation against any individual for reporting or being involved in the process of responding to, investigating, or addressing allegations under Title IX.

9. Title IX is not just for victims.

We can all prevent sexual assault. It’s on us, as a Simmons College family, to

  • recognize that non-consensual sex is sexual assault
  • identify situations in which sexual assault may occur
  • intervene in situations where consent has not or cannot be given
  • create an environment at Simmons College where sexual assault is unacceptable and survivors are supported

Education and Training: Educational workshops such as sexual awareness, bullying, freshman programs, etc. Association of Biblical Higher Education

 
 
 
Sexual Harassment Policy

Policies Concerning Equity, Diversity & Harassment

Simmons College of Kentucky endeavors to maintain a teaching and learning environment that promotes sensitivity to diverse individuals and groups. Behavioral patterns appropriate to the religious commitments of Simmons College of Kentucky are expected. Acts of racism, sexism, bigotry, harassment, and violence are not acceptable behaviors from either employees or students of Simmons College of Kentucky. Persons involved in such behaviors will be disciplined and may be asked to leave the institution. Any persons who believe they are the object of such behaviors should speak to division chairpersons, Vice Presidents, or supervisors. If satisfactory resolution is not found, grievance may be filed in the manner indicated in the Faculty Handbook or the Student Handbook.

Sexual Harassment

Sexual harassment, for purposes of this policy, is defined as including unwelcome sexual advances, verbal or physical conduct with unwanted sexual implications such as sexual kidding, remarks about one’s anatomy, patting, touching, display sexually suggestive visual material or requests for sexual favors.

Under no circumstances will the College allow such behaviors to continue. The College will not allow such behaviors to create a work or study atmosphere where workers or students are offended or intimidated.

Any persons enrolled or employed by Simmons College of Kentucky who believes that they have been victims of some form of harassment should bring these unacceptable behaviors to the attention of their immediate supervisor. If the complaint involves someone in the direct line of authority a report should be submitted the Vice President of Administration. In all cases the College will promptly commence an impartial investigation.

Special care should be taken by all parties to such complaints, since relationships can be misinterpreted and/or abused by either party and can be damaging. The context of all such events must be examined and judged, since offensive behaviors can range from a friendly pat to explicit sexual statements and actions.

Simmons College of Kentucky will not permit retaliation against one who complains of sexual harassment. The College will maintain confidentiality of elements of the sexual harassment investigation to the greatest extent possible. A finding of sexual harassment does not depend on finding that the complainant has been harmed in terms of loss of advancement, position, status, or grades. A finding that one has created a continuing offensive verbal, visual, or behavioral environment is adequate justification for a finding of harassment. When the investigation is completed, persons found guilty of harassment activities, will be dismissed from employment or enrollment.

Sexual Assault Victims’ Bill of Rights

In accordance with Section 485 of the Higher Education of 1965, Simmons College of Kentucky has established in conjunction with its written Sexual Harassment Policy, a policy which provides that the following rights are accorded, by all campus officers, administrators, employees and students, to victims of campus related sexual assaults:

1. The right to have any and all sexual assaults against them treated with seriousness; and the right, as victims, to be treated with dignity; and the right for SCK organizations which assist such victims to be recognized.

2. The right to have sexual assaults committed against them investigated by SCK Dean of Students, Vice President of Administration, and the right to the full and prompt cooperation and assistance of personnel in notifying the proper authorities. This action shall be in addition to the disciplinary proceedings established by SCK.

3. The right to be free from any kind of Simmons College of Kentucky endeavors to maintain a teaching and learning environment that promotes sensitivity to diverse individuals and groups. Behavioral patterns appropriate to the religious commitments of Simmons College of Kentucky are expected. Acts of racism, sexism, bigotry, harassment, and violence are not acceptable behaviors from either employees or students of Simmons College of Kentucky. Persons involved in such behaviors will be disciplined and may be asked to leave the institution. Any persons who believe they are the object of such behaviors should speak to division chairpersons, Vice Presidents, or supervisors. If satisfactory resolution is not found, grievance may be filed in the manner indicated in the Faculty Handbook or the Student Handbook.d of pressure from any SCK entity that victims (a) not report crimes committed against them to SCK officials or disciplinary officials for civil or criminal action: or (b) report crimes as lesser offenses than the victims perceive them to be.

4. The right to be free from any kind of suggestion that sexual assault victims not report, or under-report, crimes committed on campus because: a. victims are somehow “responsible” for the commission of crimes against them; b. victims were contributively negligent or assumed the risk of being assaulted; or, c. by reporting crimes they would incur unwanted personal publicity.

5. In any campus disciplinary hearing, the accused and accusers have the right to have someone accompany them at the hearing, and both the accused and accuser have the right to be notified of the hearing outcome. The sanctions for the accused in cases of sexual assault will be determined by the individual or body hearing the charges. Sanctions may include any sanction deemed appropriate in the Student Handbook or Faculty Handbook.

6. The right to full and prompt cooperation from SCK personnel in obtaining, securing, and maintaining evidence (including medical examination) as may be necessary for proof of criminal sexual assault in subsequent legal proceedings.

7. The right to be made aware of and assisted in exercising any options as provided by State and Federal laws or regulations with regard to mandatory testing of sexual assault suspects for communicable diseases and with regard to notification to victims of the results of such testing.

8. The right to counseling from any mental health services previously established by SCK, by other victim-service entities, or by services acquired by victims themselves.

9. After campus assaults have been reported, the victims of such crimes shall have the right to require that SCK authorities take the necessary steps or actions reasonably feasible to prevent any unnecessary or unwanted contact with or proximity to reported assailants.

10. In addition, students, whether sexual assault victims or not, have a right to habitability (*) in on-campus housing accommodations for which SCK may receive any compensation, direct or indirect. Substantiated violations of these provisions shall be corrected by campus personnel with relocation of the complainant to acceptable, safe, and secure alternative housing as soon as possible, unless conditions warrant other immediate action by campus personnel. (* Habitability shall be defined as an environment free from sexual or physical intimidation, or any other continuing disruptive behavior by persons sharing rooms or roommates’ guests that is of such a serious nature as would prevent a reasonable person from attaining their educational goals.)

11. Other appropriate personnel will be contacted as needed by the individuals responding to the victim of the assault. Education and awareness programs will be conducted by appropriate campus personnel on the topics of sexual assault and victims’ rights on a regular basis.

Simmons College of Kentucky hereby certifies that it complies with the requirements of Section 485.

Student Grievance Policy

In the event of an incident, event or complaint that is of such substance that a student desires to file a grievance the student must first write out a comprehensive incident/grievance report. That report should consist of, at least, the grievance, the issue(s) and/or people involved, the desired action, date of incident, date of report and signature of the student filing the grievance.

The report is to go directly to the Dean of Students. In the event that the Dean of Students is directly involved in the incident being grieved, the report may be submitted to the Vice President of Academic Affairs. It will then be sent through the appropriate administrative departments until the grievance is brought to resolution. The Vice President of Academic Affairs is normally the final arbiter in the grievance process.