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Revised with an effective date of This policy applies to any phase of its employment process, any phase of its admission or financial aid programs, and all other aspects of its educational programs or activities. Additionally, this policy applies to allegations of sexual misconduct or allegations of other forms of sex discrimination, as defined in Section Notices of nondiscrimination are posted online and in physical locations for the UM System and each of the campuses. Someone who is incapacitated cannot consent.
Silence or absence of resistance does not establish consent. The existence of a dating relationship or past sexual relations between the Parties involved should never by itself be assumed to be an indicator of consent. Further, consent to one form of sexual activity does not imply consent to other forms of sexual activity. Consent to engage in sexual activity with one person does not imply consent to engage in sexual activity with another.
Coercion and force, or threat of either, invalidates consent. The following individuals serve as Title IX Coordinators and are deated to handle inquiries regarding the Anti-Discrimination policies and to serve as coordinators for purposes of Title IX compliance:.
University of Missouri-St. Louis, MO Telephone : : dana umsl. Such a decision should be well-reasoned and documented.
Documentation of the decision will be maintained by the Title IX Coordinator. If, after due deliberation, the Title IX Coordinator decides the University cannot or should not take disciplinary action with respect to the Respondent, the Title IX Coordinator should consider other steps to limit the effects of the alleged harassment and prevent its recurrence, and remedy its effects on the victim and the University community. Office for Civil Rights U. KansasCity ed.
Rule: Next Rule: The Curators of the University of Missouri. All rights reserved.
Site Search:. UM System. The University is committed to affording equal employment and education opportunities to its employees and students, and to creating an environment free from discrimination see Section In furtherance of these commitments, both University policy and applicable state and federal law, prohibit all students, employees, volunteers and visitors at the University from engaging in discrimination on the basis of any protected characteristic, including sex, pregnancy, gender identity, and gender expression.
Definitions Sex Discrimination. Sexual Harassment. Sexual Misconduct. Sexual misconduct includes: 1 Nonconsensual sexual intercourse; 2 Nonconsensual sexual contact involving the sexual touching of a body part i. Stalking on the Basis of Sex. Stalking on the basis of sex is following or engaging in a course of conduct on the basis of sex with no legitimate purpose that makes another person reasonably concerned for their safety or would cause a reasonable person under the circumstances to be frightened, intimidated or emotionally distressed. Violence, threats of violence, intimidation and acts of coercion committed by a person who is or has been in a social relationship of a romantic or intimate nature with the recipient of the violent behavior.
Sexual Exploitation. Examples of sexual exploitation include, but are not limited to, the following activities done without the consent of all participants: Invasion of sexual privacy; Prostituting another person; Taping or recording of sexual activity; Going beyond the boundaries of consent to sexual activity e.
Consent to Sexual Activity. Consent to sexual activity is knowing and voluntary. Consent to sexual activity requires of all involved persons a conscious and voluntary agreement to engage in sexual activity. Each person engaged in the sexual activity must have met the legal age of consent. It is the responsibility of each person to ensure they have the consent of all others engaged in the sexual activity. Consent must be obtained at the time of the specific activity and can be withdrawn at any time.
Consent, lack of consent or withdrawal of consent may be communicated by words or non-verbal acts. Incapacitated or incapacitation. Incapacitation is determined based on the totality of the circumstances. Incapacitation is more than intoxication but intoxication can cause incapacitation. Factors to consider in determining incapacity include, but are not limited to, the following: Lack of awareness of circumstances or surroundings e. Title IX Coordinators. Students, employees, volunteers, visitors, and patients of the University who have experienced any form of sex discrimination, sexual harassment or sexual misconduct, are encouraged to report the incident promptly to the appropriate Title IX Coordinator listed in Section In addition, students, volunteers, visitors, and patients of the University who have witnessed such conduct are encouraged to report the incident promptly to the appropriate Title IX Coordinator.
The University will investigate and appropriately resolve all such reports pursuant to one of its Equity Resolution Processes see Sections For questions regarding confidentiality or requests that the Complaint not be pursued, see Section In order to foster reporting and participation, the University may provide amnesty to Complainants and witnesses for minor student conduct violations ancillary to the incident. Mandated Reporters. Employees with a Legal Obligation or Privilege of Confidentiality.
Employees with a legal obligation or privilege of confidentiality including health care providers, counselors, lawyers, and their associated staff are not considered Mandated Reporters and are not required to report when the information is learned in the course of a confidential communication. This also means that the employee seeking the exemption is employed by the University for that specific purpose and was acting in that capacity when the confidential disclosure was made.
If the information is not learned in the course of confidential communication for example, behavior is observed in class then the employee has the same obligation as a Mandated Reporter. Deated Confidential Employees. Consistent with the law and upon approval from the Office of the General Counsel, campuses may also deate non-professional counselors or advocates as confidential for purposes of this policy and, therefore, excluded from the definition of Mandated Reporters. However, these individuals are required once per month to report to the Title IX Coordinator aggregate, non-personally identifiable information regarding incidents of sex discrimination reported to them.
The aggregate data report should contain general information about individual incidents of sexual violence such as the nature, date, time, and general location of the incident. Confidentiality in this context is not the same as privilege under the law. Required Reporting and Disclosure. A mandated Reporter is required to promptly report the information to the appropriate Title IX Coordinator. The Mandated Report must be made regardless of whether the person reporting the information to the Mandated Reporter requests confidentiality and regardless of how the Mandated Reporter becomes aware of the offensive behavior personal observation, direct information from the subject of the behavior, indirect information from a third party, etc.
If the Complainant requests confidentiality or that the charges not be pursued, the Mandated Reporter should warn the Complainant that, at this stage in the process, the Mandated Reporter must report all known information to the Title IX Coordinator. Mandated Reporters must report all details that they possess. Requests for Confidentiality or Not to Pursue an Investigation The Title IX Coordinator or other appropriate official should inform and obtain the consent from the Complainant before beginning an investigation. If the Complainant requests confidentiality or asks that the Complaint not be pursued, the Title IX Coordinator should take all reasonable steps to investigate and respond to the Complaint consistent with the request for confidentiality or request not to pursue an investigation.
In such cases, the Title IX Coordinator will inform the Complainant of the decision to commence an investigation. Impact of Optional Report to Law Enforcement. In accordance with federal law, the Title IX Coordinator will not wait for the conclusion of a criminal investigation or criminal proceeding to begin the Title IX preliminary investigation.
It may be necessary to delay temporarily the fact-finding portion of a Title IX preliminary investigation while the police are gathering evidence. The Title IX Coordinator will promptly the preliminary Title IX investigation as soon as notified by the law enforcement agency that it has completed the evidence-gathering process.
Failure to comply with this policy can result in disciplinary action.Sex Education - Season 3 - Official Trailer - Netflix
Employees also are cautioned that non-compliance with this policy may increase their risk of personal liability. Further, an individual who fails to report as required under this policy may be determined to be ineligible for defense or protection under Section The University strictly prohibits retaliation against any person for making any good faith report to a Title IX Coordinator or for filing, testifying, assisting, or participating in any investigation or proceeding involving allegations of sex discrimination, sexual harassment or sexual misconduct.
Any person who engages in such retaliation shall be subject to disciplinary action, up to and including expulsion or termination, in accordance with applicable procedures. Any person who believes they have been subjected to retaliation is encouraged to promptly notify the Equity Officer or Title IX Coordinator.
The University will promptly investigate all claims of retaliation. False Reporting. False reporting is making an intentional false report or accusation in relation to this policy as opposed to a report or accusation, which, even if erroneous, is made in good faith. False reporting is a serious offense subject to appropriate disciplinary action ranging up to and including expulsion or termination. Witness Intimidation or Harassment. No individual participating in an investigation relating to a report or Complaint that a violation of this policy has occurred should, directly or through others, take any action which may interfere with the investigation.
The University prohibits attempts to or actual intimidation or harassment of any potential witness. Failure to adhere to these requirements may lead to disciplinary action, up to and including expulsion or termination. Department of Education—Office for Civil Rights.
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