Title IX Sexual Harassment and Sexual Misconduct Policy specific appendices

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Appendix A: The Violence Against Women's Act (VAWA)

(https://www.federalregister.gov/documents/2014/10/20/2014-24284/violence-against- women-act)

 

The Violence Against Women Reauthorization Act of 2013 (VAWA) (Pub. L. 113-4), which, among other provisions, amended section 485(f) of the HEA, otherwise known as the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act). The Clery Act requires institutions of higher education to comply with certain Campus Safety and Security related requirements as a condition of their participation in the Title IV, HEA programs. Notably, VAWA amended the Clery Act to require institutions to compile statistics for incidents of dating violence, domestic violence, sexual assault, and stalking and to include certain policies, procedures, and programs pertaining to these incidents in their annual security reports. VAWA §

668.46 of title 34 of the Code of Federal Regulations (CFR) was amended to implement these statutory changes. The entire act is available at (34 CFR 668.46).

 

VAWA provides the following requirements:

 

  • Require institutions to maintain statistics about the number of incidents of dating violence, domestic violence, sexual assault, and stalking that meet the definitions of those terms;
  • Clarify the very limited circumstances in which an institution may remove reports of crimes that have been “unfounded” and require institutions to report to the Department and disclose in the annual security report the number of “unfounded” crime reports;
  • Revise the definition of “rape” to reflect the Federal Bureau of Investigation's (FBI) updated definition in the UCR Summary Reporting System, which encompasses the categories of rape, sodomy, and sexual assault with an object that are used in the UCR National Incident-Based Reporting System;
  • Revise the categories of bias for the purposes of Clery Act hate crime reporting to add gender identity and to separate ethnicity and national origin into separate categories;
  • Require institutions to provide to incoming students and new employees and describe in their annual security reports primary prevention and awareness programs. These programs must include: a statement that the institution prohibits the crimes of dating violence, domestic violence, sexual assault, and stalking, as those terms are defined in these final regulations; the definitions of these terms in the applicable jurisdiction; the definition of “consent,” in reference to sexual activity, in the applicable jurisdiction; a description of safe and positive options for bystander intervention; information on risk reduction; and information on the institution's policies and procedures after a sex offense occurs;
  • Require institutions to provide, and describe in their annual security reports, ongoing prevention and awareness campaigns for students and employees. These campaigns must include the same information as the institution's primary prevention and awareness program;

 

  • Define the terms “awareness programs,” “bystander intervention,” “ongoing prevention and awareness campaigns,” “primary prevention programs,” and “risk reduction;”
  • Require institutions to describe each type of disciplinary proceeding used by the institution; the steps, anticipated timelines, and decision-making process for each type of disciplinary proceeding; how to file a disciplinary complaint; and how the institution determines which type of proceeding to use based on the circumstances of an allegation of dating violence, domestic violence, sexual assault, or stalking;
  • Require institutions to list all of the possible sanctions that the institution may impose following the results of any institutional disciplinary proceedings for an allegation of dating violence, domestic violence, sexual assault, or stalking;
  • Require institutions to describe the range of protective measures that the institution may offer following an allegation of dating violence, domestic violence, sexual assault, or stalking;
  • Require institutions to provide for a prompt, fair, and impartial disciplinary proceeding in which:
    • Officials are appropriately trained and do not have a conflict of interest or bias for or against the accuser or the accused.
    • The accuser and the accused have equal opportunities to have others present, including an advisor of their choice.
    • The accuser and the accused receive simultaneous notification, in writing, of the result of the proceeding and any available appeal procedures if applicable.
    • The proceeding is completed in a reasonably prompt timeframe.
    • The accuser and accused are given timely notice of meetings at which one or the other or both may be present.
    • The accuser, the accused, and appropriate officials are given timely and equal access to information that will be used during informal and formal disciplinary meetings and hearings if applicable.
    • Define the terms “proceeding” and “result”.
  • Specify that compliance with these provisions does not constitute a violation of section 444 of the General Education Provisions Act (20 U.S.C. 1232g), commonly known as the Family Educational Rights and Privacy Act of 1974 (FERPA).

 

Appendix B: Emergency Resources

  1. Law Enforcement

Many incidents of sexual misconduct are also violations of the law. Individuals who wish to report a crime to law enforcement officials can contact the local agencies directly by dialing 9-1-1. They can also request assistance contacting the proper agency through the Title IX Coordinator or confidential reporter. If the Reporting Party is under 18 years of age, the College has an obligation to contact law enforcement.

  1. Medical Assistance

Emergency medical assistance is available both on campus (during business hours) and off campus (24/7). Individuals are encouraged (but not required) to contact law enforcement and seek medical treatment as soon as possible following an incident that poses a threat to safety or physical well-being or following a potential criminal offense. For more information about seeking assistance for a sexual harassment (sexual assault, rape, sodomy, domestic/dating violence, stalking) incident:

Yavapai Family Advocacy Center (YFAC)
Prescott Valley, AZ 86312
Because YFAC is a safe place for victims, the physical address is not published
Phone: (928) 775-0669

Yavapai Regional Medical Center East
700 Florentine Rd
Prescott Valley, AZ 86314
Phone: (928) 445-2700

Yavapai Regional Medical Center West
1003 Willow Creek Rd
Prescott, AZ 86301
Phone: (928) 445-2700

 

Appendix C: Informal Resolution Process

The purpose of the informal resolution process is to eliminate the conduct which has been reported by the complainant (and prevent its recurrence), and place both individuals in a position to pursue their academic, working, and non-academic interests in a safe, respectful, and productive educational and working environment.

The informal resolution process is a voluntary, remedies-based process designed to provide members of the Prescott College community with an option to resolve certain disputes with other members of the College community. Subject to approval by the Title IX Coordinator (see below), the Informal Resolution Process is available in matters involving a student complainant and a student respondent as well as in matters involving a faculty/staff complainant and a faculty/staff respondent.

The Informal Resolution Process is not available in matters involving a student and an employee.

Prior to participating in the informal resolution process, parties will be notified in writing of the information contained in this Appendix C.

The following are features of the informal resolution process:

  • Participation in the informal resolution process is voluntary.
    • No party will be required to participate in the informal resolution process and the College will not require, encourage, or discourage the parties from participating in the informal resolution process; and
    • All parties must consent in writing to participation in the informal resolution process.
  • The College may offer the informal resolution process only under the following circumstances:
    • A report has been filed by the complainant;
    • The Title IX Coordinator has determined, through an initial assessment, that the alleged conduct, if substantiated, would constitute College Sexual Misconduct; and
    • The Title IX Coordinator has determined that the informal resolution process is appropriate for this matter.
  • All parties will be provided with a written notice disclosing the allegations, the requirements of the informal resolution process, and any outcomes resulting from participating in the informal resolution process.
  • At any time prior to signing an informal resolution agreement, any party has the right to withdraw from the informal resolution process and resume the non-informal resolution process.
  • Parties may be accompanied by an individual of their choosing who will serve as an advisor/support person to any meeting related to the informal resolution process. However, the support person may not actively participate in meetings and may not serve as a proxy for the party. Any individual who serves as a support person is expected to make themselves available for meetings as scheduled by the College. The College (including any official acting on behalf of the College) has the right at all times to determine what constitutes appropriate behavior on the part of a support person and to take appropriate steps to ensure compliance with this policy.
  • Any agreements reached as part of the informal resolution process must be approved by the Title IX Coordinator.
  • If the Title IX Coordinator determines at any time prior to the signing of the informal resolution agreement that the informal resolution process is no longer appropriate, the Title IX Coordinator may terminate the process.
  • Upon signing the informal resolution agreement, the parties are bound by its terms and cannot opt for a non-informal grievance process based on the conduct alleged in the report. 
  • Failure to comply with the signed agreement may result in disciplinary action for either party.
  • If the parties’ circumstances change significantly, they may request a supplemental agreement.

 

Retaliation

The protections against Retaliation apply to individuals participating in a resolution process within this policy. Disciplinary consequences may result for those found responsible for Retaliation.

 

Appendix D: Range of Sanctions under this Policy

Members of the College community may be subject to disciplinary sanctions for violating this policy.

Sanctions Applicable to Students

The sanctions for students are listed below.

  • Warning: A formal statement that the conduct was unacceptable and a warning that further violation of any Prescott College policy, procedure, or directive will result in more severe sanctions/responsive actions.
  • Required Counseling: A mandate to meet with and engage in either College-sponsored or external counseling to better comprehend the misconduct and its effects.
  • Probation: A written reprimand for violation of College policy, providing for more severe disciplinary sanctions in the event that the student or organization is found in violation of any institutional policy, procedure, or directive within a specified period of time. Terms of the probation will be articulated and may include denial of specified social privileges, exclusion from co-curricular activities, exclusion from designated areas of campus, no-contact orders, and/or other measures deemed appropriate.
  • Suspension: Termination of student status for a definite period of time not to exceed two years and/or until specific criteria are met. Students who return from suspension are automatically placed on probation through the remainder of their enrollment as a student at Prescott College.
  • Expulsion: Permanent termination of student status and revocation of rights to be on campus for any reason or to attend Prescott College-sponsored events.
  • Withholding Diploma: Prescott College may withhold a student’s diploma for a specified period of time and/or deny a student participation in commencement activities if the student has an allegation pending or as a sanction if the student is found responsible for an alleged violation.
  • Revocation of Degree: Prescott College reserves the right to revoke a degree previously awarded from the College for fraud, misrepresentation, and/or other violation of Prescott College policies, procedures, or directives in obtaining the degree, or for other serious violations committed by a student prior to graduation.
  • Organizational Sanctions: Deactivation, loss of recognition, loss of some or all privileges (including Prescott College registration as a recognized organization) for a specified period of time.
  • Other Actions: In addition to or in place of the above sanctions, Prescott College may assign any other sanctions as deemed appropriate.

The following may accompany the preceding sanctions, as appropriate:

  • College Housing. When appropriate to the infraction, particularly in instances involving antisocial behavior having a serious impact on the residential community, removal from College housing or relocation within College housing may be added to any of the other sanctions listed above, except warning and reprimand.
  • Restriction of Access to Space, Resources, and Activities. When appropriate in cases involving behavioral misconduct between members of the community, restrictions may be placed on access to space and/or resources or on participation in activities so as to limit opportunities for contact among the parties.
  • Educational Refresher Programs. In addition to any of the sanctions listed above, a student may be required to participate in educational refresher programs appropriate to the infraction.
  • Restitution. The sanction for willful or reckless damage or vandalism will ordinarily include restitution for replacement or repair.

Sanctions Applicable to Faculty and Staff Members

For violations of this policy by faculty or staff members, disciplinary sanctions may include (in accordance with the employment policies governing the employee in question) counseling or training, written warning, financial penalty, unpaid leave of absence, suspension (or recommendation for suspension), demotion, termination (or recommendation for termination) in accordance with applicable policies. The College may place a faculty or staff member on administrative leave during the pendency of a grievance process, provided that such action shall not modify any rights under Section 504 of the Rehabilitation Act of 1973 or the Americans with Disabilities Act.

Sanctions Applicable to Non-Members of the College Community

For violations of this policy by non-members of the College community, including alumni, disciplinary sanctions may include being temporarily or permanently barred from the College or subject to other restrictions.

Informal Resolution Outcomes

Depending on the nature and circumstances of the particular situation, parties may agree to outcomes such as:

  • Mutual No Contact Orders;
  • Imposition of a one-party No Contact Order, placing the burden on the respondent to limit the respondent’s physical proximity to the complainant;
  • Restrictions on the respondent from participation in particular organizations or events;
  • Changes to on-campus housing, subject to availability;
  • Conversation between the parties facilitated by the Title IX Coordinator or a trained individual appointed by the Title IX Coordinator; and/or
  • Other measures deemed appropriate by the Title IX Coordinator.

Failure to Comply with the Informal Resolution Agreement

Failure to comply with the signed agreement may result in disciplinary action for either party, consistent with the disciplinary procedures described in other College policies.