DRMC S SCHOOL OF HEALTH PROFESSIONS POLICY ON SEX/GENDER HARASSMENT, DISCRIMINATION AND MISCONDUCT

Transcription

1 DRMC S SCHOOL OF HEALTH PROFESSIONS POLICY ON SEX/GENDER HARASSMENT, DISCRIMINATION AND MISCONDUCT INTRODUCTION Members of DRMC s School of Health Professions (DRMC SOHP) Radiology Program, the hospital community, guests and visitors have the right to be free from all forms of sex/gender harassment, discrimination and misconduct, examples of which can include acts of sexual violence, sexual harassment, domestic violence, dating violence, and stalking. This includes ALL didactic and clinical assignments and any school related activities. All members of the campus community are expected to conduct themselves in a manner that does not infringe upon the rights of others. The school believes in zero tolerance for sex/gender-based misconduct. Zero tolerance means that when an allegation of misconduct is brought to an appropriate administrator s attention, protective and other remedial measures will be used to reasonably ensure that such conduct ends, is not repeated, and the effects on the victim and school community are remedied, including serious sanctions when a responding party is found to have violated this policy. DRMC SOHP does not have jurisdiction of off-campus sexual misconduct unless the harasser is a student or faculty member. If a student or faculty is the victim in any off-campus sexual discrimination acts, the school must remedy the programmatic effects. This policy has been developed to reaffirm these principles and to provide recourse for those individuals whose rights have been violated. This policy is intended to define the school s expectations and establish a mechanism for determining when those expectations have been violated. Anyone that feels they have been a victim of sexual and domestic violence, dating violence, or stalking should contact law enforcement authorities. This policy DOES NOT replace criminal or civil law. The school uses the preponderance of the evidence (also known as more likely than not ) as a standard for proof of whether a violation occurred. In campus resolution proceedings, legal terms like guilt, innocence and burdens of proof are not applicable, but the school never assumes a responding party is in violation of school policy. Campus resolution proceedings are conducted to take into account the totality of all evidence available, from all relevant sources.

2 TITLE IX COORDINATOR The school s Title IX Coordinator oversees compliance with all aspects of the sex/gender harassment, discrimination and misconduct policy. Questions about this policy should be directed to the Title IX Coordinator. Anyone wishing to make a report relating to discrimination or harassment may do so by reporting the concern to the school s Title IX Coordinator: Mary Thomas Title IX Coordinator 142 S. Main St. Danville, VA (434) mary.thomas1@lpnt.net Additionally, anonymous reports can be made by victims and/or third parties using the online reporting form. Note that these anonymous reports may prompt a need for the institution to investigate. Individuals experiencing harassment or discrimination also have the right to file a formal grievance with government authorities: Office for Civil Rights (OCR) 400 Maryland Avenue, SW Washington, DC Customer Service Hotline #: (800) Facsimile: (202) TDD#: (877) OCR@ed.gov Web: In the event that an incident involves alleged misconduct by the Title IX Coordinator, reports should be made directly to the Office for Civil Rights.

3 SEXUAL MISCONDUCT OFFENSES INCLUDE, BUT ARE NOT LIMITED TO: 1. Sexual Harassment 2. Non-Consensual Sexual Contact (or attempts to commit same) 3. Non-Consensual Sexual Intercourse (or attempts to commit same) 4. Sexual Exploitation 1. SEXUAL HARASSMENT Sexual harassment is: unwelcome, sexual, sex-based and/or gender-based verbal, written, online and/or physical conduct. Anyone experiencing sexual harassment in any school capacity is encouraged to report it immediately to the Title IX Coordinator. Remedies, education and/or training will be provided in response. Sexual harassment may be disciplined when it takes the form of quid pro quo harassment, retaliatory harassment and/or creates a hostile environment. A hostile environment is created when sexual harassment is: sufficiently severe, or persistent or pervasive, and objectively offensive that it: o unreasonably interferes with, denies or limits someone s ability to participate in or benefit from the school s educational, and/or employment, program. Quid Pro Quo Harassment is: Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature By a person having power or authority over another constitutes sexual harassment when

4 Submission to such sexual conduct is made either explicitly or implicitly a term or condition of rating or evaluating an individual s educational or employment progress, development, or performance. This includes when submission to such conduct would be a condition for access to receiving the benefits of any educational or employment program. Examples include: an attempt to coerce an unwilling person into a sexual relationship; to repeatedly subject a person to egregious, unwelcome sexual attention; to punish a refusal to comply with a sexual based request; to condition a benefit on submitting to sexual advances; sexual violence; intimate partner violence, stalking; gender-based bullying NON-CONSENSUAL SEXUAL CONTACT Non-Consensual Sexual Contact is: any intentional sexual touching, however slight, with any object, by a person upon another person, that is without consent and/or by force. Sexual Contact includes: o o Intentional contact with the breasts, buttock, groin, or genitals, or touching another with any of these body parts, or making another touch you or themselves with or on any of these body parts; or Any other intentional bodily contact in a sexual manner. 3. NON-CONSENSUAL SEXUAL INTERCOURSE Non-Consensual Sexual Intercourse is: any sexual intercourse however slight, with any object, by a person upon another person, that is without consent and/or by force. 1 These offenses are referenced and incorporated within sexual harassment, but also broken-out as stand-alone offenses, below.

5 Intercourse includes: o vaginal or anal penetration by a penis, object, tongue or finger, and oral copulation (mouth to genital contact), no matter how slight the penetration or contact. 4. SEXUAL EXPLOITATION Occurs when one person takes non-consensual or abusive sexual advantage of another for his/her own advantage or benefit, or to benefit or advantage anyone other than the one being exploited, and that behavior does not otherwise constitute one of the other sexual misconduct offenses. Examples of sexual exploitation include, but are not limited to: Invasion of sexual privacy; Prostituting another person; Non-consensual digital, video or audio recording of nudity or sexual activity; Unauthorized sharing or distribution of digital, video or audio recording of nudity or sexual activity; Engaging in voyeurism; Going beyond the boundaries of consent Knowingly exposing someone to or transmitting an STI, STD or HIV to another person; Intentionally or recklessly exposing one s genitals in non-consensual circumstances; inducing another to expose their genitals; Sexually-based stalking and/or bullying may also be forms of sexual exploitation ADDITIONAL APPLICABLE DEFINITIONS: Consent 2 : o Consent is clear, and knowing, and voluntary words or actions, that give permission for specific sexual activity. o Consent is active, not passive. 2 See Appendix for Virginia s legal definition for consent.

6 o Silence, in and of itself, cannot be interpreted as consent. o Consent can be given by words or actions, as long as those words or actions create mutually understandable permission regarding willingness to engage in (and the conditions of) sexual activity. o Consent to any one form of sexual activity cannot automatically imply consent to any other forms of sexual activity. o Previous relationships or prior consent cannot imply consent to future sexual acts. o Consent can be withdrawn once given, as long as that withdrawal is clearly communicated. o In order to give consent, one must be of legal age. o Sexual activity with someone you know to be or should know to be incapacitated constitutes a violation of this policy. Incapacitation can occur mentally or physically, from developmental disability, by alcohol or other drug use, or blackout. The question of what the responding party should have known is objectively based on what a reasonable person in the place of the responding party, sober and exercising good judgment, would have known about the condition of the reporting party. Incapacitation is a state where someone cannot make rational, reasonable decisions because they lack the capacity to give knowing consent (e.g., to understand the who, what, when, where, why or how of their sexual interaction). This policy also covers a person whose incapacity results from mental disability, sleep, unconsciousness, involuntary physical restraint, or from the taking of rape drugs. [Possession, use and/or distribution of any of these substances, including Rohypnol, Ketomine, GHB, Burundanga, etc. is prohibited, and administering one of these drugs to another student is a violation of this policy. Force: Force is the use of physical violence and/or imposing on someone physically to gain sexual access. Force also includes threats, intimidation (implied threats) and coercion that overcomes free will or resistance or that produces consent. o Coercion is unreasonable pressure for sexual activity. When someone makes clear to you that they do not want sex, that they want to stop, or that they do not want to go past a certain point of sexual interaction, continued pressure beyond that point can be coercive.

7 o NOTE: There is no requirement for a party to resist the sexual advance or request, but resistance is a clear demonstration of non-consent. The presence of force is not demonstrated by the absence of resistance. Sexual activity that is forced is by definition non-consensual, but nonconsensual sexual activity is not by definition forced. Use of alcohol or other drugs will never function to excuse any behavior that violates this policy. This policy is applicable regardless of the sexual orientation and/or gender identity of individuals engaging in sexual activity. For reference to the pertinent state statutes on sex offenses, please see Appendix II. OTHER MISCONDUCT OFFENSES (WILL FALL UNDER TITLE IX WHEN SEX OR GENDER-BASED) 1. Threatening or causing physical harm, extreme verbal abuse, or other conduct which threatens or endangers the health or safety of any person; 2. Discrimination, defined as actions that deprive other members of the community of educational or employment access, benefits or opportunities on the basis of sex or gender; 3. Intimidation, defined as implied threats or acts that cause an unreasonable fear of harm in another; 4. Hazing, defined as acts likely to cause physical or psychological harm or social ostracism to any person within the university community, when related to the admission, initiation, pledging, joining, or any other group-affiliation activity; 5. Bullying, defined as a. Repeated and/or severe b. Aggressive behavior c. Likely to intimidate or intentionally hurt, control or diminish another person, physically or mentally d. That is not speech or conduct otherwise protected by the 1 st Amendment. 6. Intimate Partner Violence, defined as violence or abuse between those in an intimate relationship to each other; 7. Stalking a. Stalking 1: i. A course of conduct ii. Directed at a specific person

8 iii. On the basis of actual or perceived membership in a protected class iv. That is unwelcome, AND v. Would cause a reasonable person to feel fear b. Stalking 2: i. Repetitive and Menacing ii. Pursuit, following, harassing and/or interfering with the peace and/or safety of another RETALIATION Retaliation is defined as any adverse action taken against a person participating in a protected activity because of their participation in that protected activity. Retaliation against an individual for an allegation, for supporting a reporting party, or for assisting in providing information relevant to an allegation is a serious violation of this policy. DRMC School of Health Professions prohibits retaliation against a complainant, witness, or bystander for reporting an alleged violation to this policy or participating in any capacity of an investigation. Discipline will be administered if there is a violation of this policy up to and including being removed from the Radiology Program or termination of employment. Confidentiality and Reporting of Offenses Under This Policy All program faculty are expected to immediately report actual or suspected discrimination or harassment to appropriate officials, though there are some limited exceptions. In order to make informed choices, it is important to be aware of confidentiality and mandatory reporting requirements when consulting on-site resources. On-site, some resources may maintain confidentiality meaning they are not required to report actual or suspected discrimination or harassment to appropriate university officials - thereby offering options and advice without any obligation to inform an outside agency or individual unless a victim has requested information to be shared. Other resources exist for a victim to report crimes and policy violations and these resources will take action when an incident is reported to them. The following describes the two reporting options at DRMC:

9 Confidential Reporting If a reporting party would like the details of an incident to be kept confidential, the reporting party may speak with: On-site: o Helen McKee, Pastoral Care Services (434) o Ray Garassino, License Clinical Social Worker (434) o Kesshia Brown, License Professional Counselor (434) Off-campus: (A List of Community Resources are in the Appendix) o Licensed professional counselors o Local rape crisis counselors o Domestic violence resources, o Local or state assistance agencies, o Clergy/Chaplains All of the above employees will maintain confidentiality except in extreme cases of immediate threat or danger, or abuse of a minor. On-site counselors (and/or the Employee Assistance Program) are available to help free of charge and can be seen on an emergency basis during normal business hours. These employees will submit yearly anonymous, aggregate, statistical information for Clery Act purposes unless they believe it would be harmful to a specific client, patient or parishioner. Formal Reporting Options All program faculty have a duty to report, unless they fall under the Confidential Reporting section above. Reporting parties may want to consider carefully whether they share personally identifiable details with non-confidential employees, as those details must be shared by the employee with the Title IX Coordinator. Employees must share all details of the reports they receive. Generally, climate surveys, classroom writing assignments, human subjects research, or events such as Take Back the Night marches or speak-outs do not provide notice that must be reported to the Coordinator by employees. Remedial actions may result without formal action. If a victim does not wish for their name to be shared, does not wish for an investigation to take place, or does not want a formal resolution to be pursued, the victim may make

10 such a request to the Title IX Coordinator, who will evaluate that request in light of the duty to ensure the safety of the campus and comply with federal law. In cases indicating pattern, predation, threat, weapons and/or violence, the School will likely be unable to honor a request for confidentiality. In cases where the victim requests confidentiality and the circumstances allow the School to honor that request, the School will offer interim supports and remedies to the victim and the community, but will not otherwise pursue formal action. A reporting party has the right, and can expect, to have reports taken seriously by the School when formally reported, and to have those incidents investigated and properly resolved through these procedures. Formal reporting still affords privacy to the reporter, and only a small group of officials who need to know will be told, including but not limited to: Program faculty, supervisors/directors of clinical sites, and the security department of the clinical sites. Information will be shared as necessary with the hearing committee, witnesses, and the responding party. The circle of people with this knowledge will be kept as tight as possible to preserve a reporting party s rights and privacy. Additionally, anonymous reports can be made by victims and/or third parties using the online reporting form. Note that these anonymous reports may prompt a need for the institution to investigate. Reports to the Title IX Coordinator can be made via , phone or in person at the contact information below: Mary Thomas 142 S. Main St. Danville, VA D13 (434) Mary.thomas1@lpnt.net Failure of a non-confidential employee, as described in this section, to report an incident or incidents of sex or gender harassment or discrimination of which they become aware, is a violation of School policy and can be subject to disciplinary action for failure to comply with Program policies.

11 Federal Statistical Reporting Obligations Certain campus officials those deemed Campus Security Authorities - have a duty to report sexual assault, domestic violence, dating violence and stalking for federal statistical reporting purposes (Clery Act). All personally identifiable information is kept confidential, but statistical information must be passed along to campus law enforcement regarding the type of incident and its general location (on or off-campus, in the surrounding area, but no addresses are given) for publication in the Annual Security Report. This report helps to provide the community with a clear picture of the extent and nature of campus crime, to ensure greater community safety. Mandated federal reporters include: DRMC s security staff, local police, human resources staff, and any other official with significant responsibility for student activities. The information to be shared includes the date, the location of the incident (using Clery location categories) and the Clery crime category. This reporting protects the identity of the victim and may be done anonymously. Federal Timely Warning Reporting Obligations Victims of sexual misconduct should also be aware that DRMC s security department must issue immediate timely warnings for incidents reported to them that are confirmed to pose a substantial threat of bodily harm or danger to members of the hospital community. The school will ensure that a victim s name and other identifying information is not disclosed, while still providing enough information for community members to make safety decisions in light of the danger. Additional Policy Provisions a. Attempted violations In most circumstances, the school will treat attempts to commit any of the violations listed in the Gender-Misconduct Policy as if those attempts had been completed. b. False Reports Any individual who knowingly files a false complaint under this Policy, who knowingly provides false information to Program officials, or who intentionally misleads officials who are involved in the investigation or resolution of a complaint may be subject to disciplinary action, up to and including dismissal from the Program. Disciplinary action will involve DRMC s Human Resources Department for employees.

12 c. Amnesty for Victims and Witnesses DRMC SOHP encourages the reporting of misconduct and crimes by victims and witnesses. Sometimes, victims or witnesses are hesitant to report to staff members or participate in resolution processes because they fear that they themselves may be accused of policy violations, such as underage drinking at the time of the incident. It is in the best interests of this community that as many victims as possible choose to report to staff members, and that witnesses come forward to share what they know. To encourage reporting, the school pursues a policy of offering victims of misconduct and witnesses amnesty from minor policy violations related to the incident. Sometimes, students are hesitant to offer assistance to others for fear that they may get themselves in trouble. The school pursues a policy of amnesty for students who offer help to others in need. While policy violations cannot be overlooked, the school will provide educational options, rather than punishment, to those who offer their assistance to others in need. a. Parental Notification (allegations involving students) The School reserves the right to notify parents/guardians of dependent students regarding any health or safety risk, change in student status or conduct situation, particularly alcohol and other drug violations. Where a student is non-dependent, the School will contact parents/guardians to inform them of situations in which there is a significant and articulable health and/or safety risk. The School also reserves the right to designate which school/hospital officials have a need to know about incidents that fall within this policy, pursuant to the Family Educational Rights and Privacy Act. b. Record Keeping The Title IX Coordinator will confidentially maintain paper or electronic files of all complaints, witness statements, documentary evidence, written investigative reports, review committee records, written corrective action reports, sanctions, appeal hearings and associated documents, the responses taken by campus personnel for each complaint, including any interim and permanent steps taken with respect to the complainant and the respondent, and a narrative of all action taken to prevent

13 recurrence of any harassing incident(s), including any written documentation for seven years. Termination and suspension files will be kept indefinitely. Preliminary Inquiry Following receipt of notice or a report of misconduct, the Title IX Coordinator engages in a preliminary inquiry to determine if there is reasonable cause to believe the nondiscrimination policy has been violated. The preliminary inquiry is typically 1-3 days in duration. The inquiry may also serve to help the Title IX Coordinator to determine if the allegations evidence violence, threat, pattern, predation, and/or weapon, in the event that the reporting party has asked for no action to be taken. In any case where violence, threat, pattern, predation, and/or weapon is not evidenced, the Title IX Coordinator may respect a reporting party s request for no action, and will investigate only so far as necessary to determine appropriate remedies. As necessary, DRMC SOHP reserves the right to initiate resolution proceedings without a formal report or participation by the reporting party. In cases where the reporting party wishes to proceed or the School determines it must proceed, and the preliminary inquiry shows that reasonable cause exists, the Title IX Coordinator will direct a formal investigation to commence and the allegation will be resolved through one of the processes discussed briefly here and in greater detail below: Conflict Resolution-typically used for less serious offenses and only when both parties agree Formal Resolution-resolution by a trained administrator The process followed considers the preference of the parties, but is ultimately determined at the discretion of the Title IX Coordinator. Conflict Resolution may only occur if selected by all parties, otherwise the Formal Resolution Process applies. If conflict resolution is desired by the reporting party, and appears appropriate given the nature of the alleged behavior, then the report does not proceed to investigation, unless a pattern of misconduct is suspected or there is an actual or perceived threat of further harm to the community or any of its members. Once a formal investigation is commenced, the Title IX Coordinator will provide written notification of the investigation to the responding party at an appropriate time during the investigation. Notification will be made in writing and may be delivered by one or more

14 of the following methods: in person, mailed to the local or permanent address of the parties as indicated in office School records, or ed to the parties account. Once mailed, ed and/or received in-person, notice will be presumptively delivered. The reporting party is typically copied on such correspondence. The School aims to complete all investigations within a sixty calendar day period, which can be extended as necessary for appropriate cause by the Title IX Coordinator with notice to the parties as appropriate. If, during the preliminary inquiry or at any point during the formal investigation, the Title IX Coordinator determines that there is no reasonable cause to believe that policy has been violated, the process will end unless the reporting party requests that the Title IX Coordinator makes an extraordinary determination to re-open the investigation. This decision lies in the sole discretion of the Title IX Coordinator. Investigation Once the decision is made to commence a formal investigation, the Title IX Coordinator will conduct the investigation within two days of determining that an investigation should proceed. Investigations are completed within ten days, though some investigations take weeks or even months, depending on the nature, extent and complexity of the allegations, availability of witnesses, police involvement, etc. The School may undertake a short delay in the investigation process when criminal charges on the basis of the same behaviors that invoke this process are being investigated. The School will promptly resume its investigation and resolution process once notified by law enforcement that the initial evidence collection process is complete. The School action will not typically be altered or precluded on the grounds that civil or criminal charges involving the same incident have been filed or that charges have been dismissed or reduced. The complainant has the right to proceed with a criminal investigation and a Title IX complaint simultaneously. All investigations will be thorough, reliable, impartial, prompt, and fair. Investigations entail interviews with all relevant parties and witnesses, obtaining available evidence and identifying sources of expert information, as necessary. These are the steps of a formal investigation (not necessarily in this order): Initiate any necessary remedial actions; Determine the identity and contact information of the reporting party;

15 Conduct an immediate preliminary inquiry to determine if there is reasonable cause to believe the responding party has violated policy. o If there is insufficient evidence to support reasonable cause, the inquiry should be closed with no further action; Identify all policies allegedly violated; Commence a thorough, reliable and impartial investigation by developing a strategic investigation plan, including a witness list, evidence list, intended timeframe, and order of interviews for all witnesses and the responding party, who may be given notice prior to or at the time of the interview; Prepare the notice of allegation on the basis of the preliminary inquiry; Meet with the reporting party to finalize their statement, if necessary; Provide written notification to the parties prior to their interviews that they may have an advisor of their choosing present for all meetings attended by the advisee; Provide reporting party and responding party with a written description of the alleged violation(s), a list of all policies allegedly violated, a description of the applicable procedures and a statement of the potential sanctions/responsive actions that could result; Prior to the conclusion of the investigation, provide the reporting party and the responding party with a list of witnesses whose information will be used to render a finding; Allow each party the opportunity to suggest questions they wish the investigator to ask of the other party and witnesses; Provide parties with all relevant evidence to be used in rendering a determination and provide each with a full and fair opportunity to address that evidence prior to a finding being rendered; Complete the investigation promptly, and without reasonable deviation from the intended timeline; Provide regular updates to the reporting party throughout the investigation, and to the responding party, as appropriate; The Title IX Coordinator will determine a finding, based on a preponderance of the evidence, and present it to a review committee; The review committee, which will consist of the Title IX Coordinator and the panel, will review the findings of the investigation and support or reject them; The Title IX Coordinator will finalize and present the findings to the parties; without undue delay between notifications.

16 At any point during the investigation, if it is determined there is no reasonable cause to believe that DRMC SOHP policy has been violated, the Title IX Coordinator has authority to terminate the investigation and end resolution proceedings. Witnesses (as distinguished from the parties) are expected to cooperate with and participate in the School s investigation and the Resolution Process. Failure of a witness to cooperate with and/or participate in the investigation or Equity Resolution Process constitutes a violation of policy and may be subject to discipline. Witnesses may provide written statements in lieu of interviews during the investigation and may be interviewed remotely by phone or similar technology if they cannot be interviewed in person or if the investigators determine that timeliness or efficiency dictate a need for remote interviewing. No unauthorized audio or video recording of any kind is permitted during investigation meetings or other Equity Resolution Process proceedings. Advisors All parties are entitled to an advisor of their choosing to guide and accompany them throughout the school resolution process. The advisor may be a friend, mentor, family member, attorney, or any other supporter a party chooses to advise them. Witnesses cannot also serve as advisors. The parties may choose advisors from inside or outside the campus community. The parties may be accompanied by their advisor in all meetings and interviews as which the party is entitled to be present, including intake and interviews. Advisors should help their advisees prepare for each meeting, and are expected to advise ethically, with integrity and in good faith. The School cannot guarantee equal advisory rights, meaning that if one party selects an advisor who is an attorney, but the other party does not, or cannot afford an attorney, the School is not obligated to provide one. All advisors are subject to the same campus rules, whether they are attorneys or not. Advisors may not address campus officials in a meeting or interview unless invited to. The advisor may not make a presentation or represent the reporting party or their responding party during any meeting or proceeding and may not speak on behalf of the advisee to the investigator or the review committee. The parties are expected to ask and respond to questions on their own behalf, without representation by their advisor.

17 Resolution Proceedings are private. All persons at any time during the resolution process are expected to maintain the privacy of the proceedings. While the contents are private, the parties have discretion to share their own experiences if they choose, and should discuss doing so with their advisors. If at any time during the informal, conflict resolution both parties have the right to end the informal process and begin the formal resolution process. Conflict Resolution Conflict Resolution is often used for less serious, yet inappropriate, behaviors and is encouraged as an alternative to the formal process to resolve conflicts. The Title IX Coordinator will determine if the conflict resolution is appropriate, based on the willingness of the parties, the nature of the conduct at issue and the susceptibility of the conduct to conflict to resolution. In a conflict resolution meeting, a trained administrator will facilitate a dialogue with the parties to an effective resolution, if possible. Sanctions are not possible as the result of a conflict resolution process, though the parties may agree to appropriate remedies. The Title IX Coordinator will keep records of any resolution that is reached, and failure to abide by the accord can result in appropriate responsive actions. Sexual violence complaints cannot be resolved with conflict resolution. Formal Resolution Formal Resolution can be pursued for any behavior that falls within the policy on Sex/Gender Harassment, Discrimination, and Misconduct, at any time during the process. In a Formal Resolution, the Title IX Coordinator has the authority to address all collateral misconduct, meaning that they hear all allegations of discrimination, harassment and retaliation, but also may address any additional alleged policy violations that have occurred in concert with the discrimination, harassment or retaliation, even though those collateral allegations may not specifically fall within the policy Sex/Gender Harassment, Discrimination, and Misconduct. Accordingly, investigations should be conducted with as wide a scope as necessary. Any evidence that the Title IX Coordinator believes is relevant and credible may be considered, including history and pattern evidence. The Title IX Coordinator may

18 exclude irrelevant or immaterial evidence and may choose to disregard evidence lacking in credibility or that is improperly prejudicial. Unless the Title IX Coordinator determines it is appropriate, the investigation and the finding will not consider: (1) incidents not directly related to the possible violation, unless they show a pattern, (2) the sexual history of the reporting party (though there may be a limited exception made in regards to the sexual history between the parties), (3) or the character of the reporting party. While previous conduct violations by the responding party are not generally admissible as information about the present allegation, Title IX Coordinator/investigator will consider the previous good faith allegations and/or findings to consider as evidence of pattern and/or predatory conduct. The Title IX Coordinator/investigator will not meet with character witnesses, but will accept up to two letters supporting the character of each of the parties. The Title IX Coordinator will base the determination(s) on the preponderance of the evidence, whether it is more likely than not that the responding party violated policy as alleged. The responding party may choose to admit responsibility for all or part of the alleged policy violations at any point during the investigation. If the responding party admits responsibility, the Title IX Coordinator will render a determination that the individual is in violation of the School s policy. If the responding party admits the violation, or is found in violation, the Title IX Coordinator will determine an appropriate sanction or responsive action, will implement it, and act promptly and effectively to stop the harassment or discrimination, prevent its recurrence and remedy the effects of the discriminatory conduct. The Title IX Coordinator will inform the parties of the final determination within three days of the resolution, without significant time delay between notifications. Notification will be made in writing and may be delivered by one or more of the following methods: in person; mailed to the local or permanent address of the parties as indicated in official School records; or ed to the parties as indicated in official School records. Once mailed, ed and/or received in-person, notice will be presumptively delivered. The notification of outcome will specify the finding on each alleged policy violation, any sanctions that may result which the School is permitted to share according to state or federal law, and the rationale supporting the essential findings to the extent the School is permitted to share under state or federal law. The notice will also include information

19 on when the results are considered by the School to be final, any changes that occur prior to finalization. SANCTIONS DRMC School of Health Professions will take the appropriate steps to prevent the recurrence of any violations of this policy and correct any discriminatory effects. Sanctions for a respondent who violated any part of this policy are based on the nature and severity of the misconduct, any record of prior discipline for a similar violation, or both. Any sanctions against the faculty will be addressed appropriately with DRMC s Human Resources Department. If the respondent poses a threat to the complainant or on the premises, sanctions may be applied before the investigation/appeals process is complete. The following sanctions may be imposed upon any member of the community found to have violated the Sex/Gender Harassment, Discrimination and Misconduct Policy. The following are the typical sanctions that may be imposed upon students or employees singly or in combination: Student Sanctions Warning Probation A No-Contact Order Suspension Suspension Pending Investigation Expulsion Withholding Degree Revocation of Degree Transcript Notation Other Actions Employee Sanctions (listed below and defined in DRMC s Corrective Counseling/Discipline & Behavioral Accountability Policy) Verbal Counseling Written Counseling Suspension Suspension Pending Investigation

20 Termination The decision-making body reserves the right to broaden or lessen any range of recommended sanctions in the case of serious mitigating circumstances or egregiously offensive behavior. The initial hearing officers will not deviate from the range of recommended sanctions unless compelling justification exists to do so. Interim Remedies and Long-term Remedies During an investigation, interim remedies may need to be put in place to protect the complainant depending on the nature of the sexual misconduct. These interim steps will be taken promptly, and at no cost to the complainant. SRMC SOHP will continue to take these steps if sexual violence is found to have occurred. These remedies may include, but are not limited: retaking a test making up a late assignment a no-contact order a change to parking status increased security while in the building or walking in the parking lot, and/or filing a leave of absence following the program s policy. Failure to Complete Sanctions/Comply with Interim and Long-term Remedies/Responsive Actions All responding parties are expected to comply with conduct sanctions, responsive actions and corrective actions within the timeframe specified by the Title IX Coordinator. Failure to abide by the conduct sanctions, responsive actions and corrective actions by the date specified, whether by refusal, neglect or any other reason, may result in additional sanctions/responsive/corrective actions and/or suspension, expulsion and/or termination. A suspension will only be lifted when compliance is achieved to the satisfaction of the Title IX Coordinator. Revision These policies and procedures will be reviewed and updated annually by the Title IX Coordinator. DRMC SOHP reserves the right to make changes to this document as necessary and once those changes are posted online, they are in effect. The Title IX

21 Coordinator may make minor modifications to procedure that do not materially jeopardize the fairness owed to any party. The Title IX Coordinator may also vary procedures materially with notice (on the School Website, with appropriate date of effect identified) upon determining that changes to law or regulation require policy or procedural alterations not reflected in this policy and procedure. Procedures in effect at the time of the resolution will apply to resolution of incidents, regardless of when the incident occurred. Policy in effect at the time of the offense will apply even if the policy is changed subsequently but prior to resolution, unless the parties consent to be bound by the current policy. If government regulations change in a way that impacts this document, this document will be construed to comply with government regulations in their most recent form. This document does not create legally enforceable protections beyond the protection of the background state and federal laws which frame such codes generally. This policy and procedure was implemented in May 2016.

22 Appendix I. Definitions Advisor: An individual who provides the complainant and respondent support, guidance, or advice. Advisors may be present at any meeting or hearing, but may not speak directly on behalf of the complainant or respondent. Campus: The term campus refers to (i) any building or property owned or controlled by the Program within the same reasonably contiguous geographic area of the Program and used in direct support of, or in a manner related to, the Program s educational purposes, and (ii) any building or property that is within or reasonably contiguous to the area described in the clause (i) that is owned by the Program but controlled by another person, is frequently used by students, and supports institutional purposes, such as food or other retail vendor. Complainant: A complainant refers to an individual who believes that they have been the subject of a violation of this Policy and files a complaint against a faculty, staff member, or student. Respondent: A respondent refers to the individual who has been accused of violating this Policy. Responsible Employee: A responsible employee is one designated for purposes of initiating notice and investigation of alleged violations of this Policy or who has the authority to take action to redress violations of this Policy. A responsible employee also is any employee who a person reasonably believes is a responsible employee. Responsible employees are required to forward all reports of violations of the Policy to the Title IX Coordinator. Responsible employees also must report to the Title IX Coordinator any information obtained in the course of his employment that an act of sexual violence may have been committed against a student or may have occurred on property owned or controlled by the Program or on public property within the campus, or immediately adjacent to and accessible from the campus. DRMC Radiology Program s faculty members, including Kevin Murray, Holly Reese, Cheryl Wells, and Kristen Doss

23 are determined to be responsible employees. A responsible employee shall not be an employee who, in his position at the Hospital, provides services to the campus community as a licensed health care professional, (or the administrative staff of a licensed health care professional), professional counselor, victim support personnel, clergy, or attorney. Sex Discrimination: Sex discrimination is the unlawful treatment of another based on the individual s sex that excludes an individual from participation in, denies the individual the benefits of, or otherwise adversely affects a term or condition of an individual s employment, education, or participation in program activities. Third Party: A third party is any person who is not a student or employee of the Program. Virginia s Statute of Consent: Any sexual activity or sex act committed against one s will, by the use of force, threat, intimidation, or ruse, or through one s mental incapacity or physical helplessness is without consent. Consent is knowing, voluntary, and clear permission by word or action, to engage in mutually-agreed upon sexual activity. Silence does not necessarily constitute consent. Past consent to sexual activities, or a current or previous dating relationship, does not imply ongoing or future consent. Consent to some sexual contact (such as kissing or fondling) cannot be presumed to be consent for other sexual activity (such as intercourse). An individual cannot consent who is under the age of legal consent. The existence of consent is based on the totality of the circumstances, including the context in which the alleged incident occurred. Mental incapacity means that condition of a person existing at the time which prevents the person from understanding the nature or consequences of the sexual act involved (the who, what, when, where, why, and how) and about which the accused knew or should have known. This includes incapacitation through the use of drugs or alcohol. Intoxication is not the same as incapacitation. Physical helplessness means unconsciousness or any other condition existing at the time which otherwise rendered the person physically unable to communicate an unwillingness to act and about which the accused knew or should have known. Physical helplessness may be reached through the use of alcohol or drugs. II. Virginia s Statute on Sex Offenses: Dating Violence: Dating violence is violence, force, or threat that results in bodily injury or places one in reasonable apprehension of death, sexual assault, or bodily injury committed by a person who is or has been in a close relationship of a romantic or intimate nature with the other person. The existence of such a

24 relationship shall be determined based on a consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. Domestic Violence: Domestic violence is violence, force, or threat that results in bodily injury or places one in reasonable apprehension of death, sexual assault, or bodily injury and that it committed by a person against such person s family or household member, which includes a current or former spouse a person with whom the victim shares a child in common, or who is cohabitating with or has cohabitated with the person as a spouse or intimate partner. Sexual Assault: Sexual assault is defined as the intentional sexual contact with a person against that person s will by the use of force, threat, or intimidation, or through the use of a person s mental incapacity or physical helplessness. Sexual assault includes intentionally touching, either directly or through clothing, of the victim s genitals, breasts, thighs, or buttocks without he person s consent, as well as forcing someone to touch or fondle another against his or her will. Sexual battery is a type of sexual assault. Sexual Exploitation: Sexual exploitation occurs when a student takes nonconsensual or abusive sexual advantage of another for his/her own advantage or benefit, or to benefit or advantage anyone other than the one being exploited, and that behavior does not otherwise constitute one of other sexual misconduct offenses. Examples of sexual exploitation include, but are not limited to invasion of sexual privacy; prostituting another person; non-consensual video or audiotaping of sexual activity; going beyond the boundaries of consent (such as letting your friends hide in the closet to watch you having consensual sex); engaging in voyeurism; exposing one s genitals in non-consensual circumstances; inducing another to expose their genitals, and knowingly transmitting HIV or an STD to another. Sexual Harassment: Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature. Sexual harassment shall be considered to have occurred in the following instances: o Quid Pro Quo: The submission to or rejection of such conduct is used as the basis for educational or employment decisions affecting the student or employee either explicitly or implicitly; or o Hostile Environment: Conduct so severe, pervasive, and objectively offensive that it undermines and detracts from an employee s work performance or a student s educational experience. Sexual Misconduct: Sexual misconduct encompasses a range of behavior used to obtain sexual gratification against another s will or at the expense of another. Sexual misconduct includes sexual harassment, sexual assault, sexual exploitation, and sexual violence.

25 Sexual Violence: Sexual violence is an intentional physical sexual abuse committed against a person s will or where a person is incapable of giving consent. Sexual violence includes rape, sexual assault, and sexual battery. Stalking: Stalking occurs when someone, on more than one occasion, engages in conduct directed at another person with the intent to place, or knows or reasonably should know that the conduct places that other person reasonable fear of death, criminal sexual assault, or bodily injury to that other person or to that other person s family or household member. Back to Policy III. Community Resources: Emergency Danville Regional Medical Center Security: (434) Memorial Hospital of Martinsville and Henry County Security: (276) Morehead Memorial Hospital Security: (336) Danville Police Department: 911 Non-emergency (434) Danville Lifesaving Crew: 911 Non-emergency (434) Sexual Assault Response Program SARP (Danville, Pittsylvania County, Halifax County) 510 Patton St. Danville, VA (434) (Danville Office) (434) (Lynchburg Office) (888) (24-hour Hotline) Basic Needs (Clothing, Financial, Food and Household Items) God s Storehouse 778 Westover Drive Danville, VA Phone: (434) Department of Social Services Danville 510 Patton Street 1161 Danville, VA (434)

26 Department of Social Services Pittsylvania County Post Office Drawer E 220 H.G. McGhee Dr. Chatham, VA Phone: (434) Department of Social Services Halifax County 1030 Cowford Rd. Halifax, VA Phone: (434) Salvation Army Danville 123 Henry Street P.O. Box 1162 Danville, VA Phone: (434) Southside Community Action Group Danville 306 Poplar Street Danville, VA Phone: (434) Health Care Free Clinic of Danville 133 South Ridge Street Danville, VA Phone: (434) Health Department (Danville/Pittsylvania County) 326 Taylor Drive Danville, VA Phone: (434) Health Department (Halifax County) 1030 Cowford Rd. Halifax, VA Phone: (434) Health Center of the Piedmont Danville Piedmont Access to Health Services, Inc. (PATHS) 705 Main Street Danville, VA Phone: (434)