Employee Title IX Policy

DePauw University Title IX and Sexual Misconduct Policy and Procedure

DePauw University (the “University”) is committed to fostering an environment that values and respects every member of our campus community. In alignment with this commitment, the University maintains a Title IX and Sexual Misconduct Policy (the “Policy”) that ensures equity, impartiality, and the absence of bias or conflict of interest for all parties involved. Consistent with Title IX requirements, the respondent is presumed not responsible until a determination is made at the conclusion of the process.

The University is enriched by the many experiences and perspectives each person brings to the University. The University does not discriminate on the basis of race, color, creed, sex (including gender identity, gender expression, pregnancy or pregnancy-related conditions), sexual orientation,  religion, age, ancestry, national or ethnic origin, veteran or military service status, disability, genetic information (including family medical history), or on the basis of any other category protected under federal, state, or local law, in connection with admission or access to, treatment in, or application for or employment by, the University and its programs and activities. The University prohibits any such discrimination in any education program or activity it operates. Harassment, whether verbal, physical or visual, that is based on any of the above-identified characteristics is a form of discrimination. Where discrimination is found to have occurred, the University will take reasonable steps to address the matter and take appropriate remedial action. The University will not retaliate against, nor tolerate retaliation against, any person for reporting discrimination or participating in any investigative process.

The University provides reasonable accommodations to applicants, students and employees with disabilities and for sincerely held religious beliefs, observances, and practices.

Questions, concerns, or complaints regarding the University's nondiscrimination policy may be directed to the Director of Human Resources, who can be reached at: 

Studebaker Administration Building
313 S. Locust Street
Greencastle, IN 46135
(765) 658-6395
hr@depauw.edu

To report Title IX or other sex-based harassment, contact the Title IX Coordinator (www.depauw.edu/studentaffairs/title-ix/). To report other forms of discrimination, contact HR (www.depauw.edu/offices/human-resources/). For questions, concerns, or complaints about the university’s compliance with TIX or other federal nondiscrimination laws, contact the U.S. Department of Education Office of Civil Rights.  

DePauw University Title IX Office 
Studebaker Administration Building
313 Locust Street
Greencastle, IN 46135
(765) 658-4220
titleixcoordinator@depauw.edu 

U.S. Department of Education
Office for Civil Rights
Lyndon Baines Johnson Department of Education Bldg
400 Maryland Avenue, SW
Washington, DC 20202-1100
Telephone: 800-421-3481
FAX: 202-453-6012; TDD: 800-877-8339
Email: OCR@ed.gov

This Policy informs members of the University community about the University's prohibition against Title IX Sexual Harassment, which includes Sexual Assault, Dating Violence, Domestic Violence, and Stalking, as well as other forms of Sexual and Gender-Based Harassment (including conduct defined under Title VII) of the Civil Rights Act of 1964, Sexual Exploitation and Retaliation (collectively, “Prohibited Conduct”). It provides information about resources, reporting options, and prompt and equitable resolution options. 

Scope

This Policy governs the conduct of faculty, staff, students, alumni, members of the Board of Trustees (Trustees), volunteers, and other participants while engaged in University programs and activities. It also governs the conduct of third parties, including visitors and third-party contractors and vendors.

In this Policy, the individual reported to have experienced Prohibited Conduct is referred to as the Complainant. The individual who is reported to have committed Prohibited Conduct is referred to as the Respondent.

This Policy applies to acts of Prohibited Conduct that occur both in the United States and in the University's education program or activity. The term “education program or activity” includes all of the University's operations, including events or circumstances over which the University exercises substantial control over both the Respondent and the context in which the conduct occurs; and any building owned or controlled by a student organization that is officially recognized by the University. The University's education program or activity can include on-campus, off-campus, or online conduct, and applies to employment and admissions. Examples include University-sponsored, University-funded or otherwise University-supported study off campus, research, internship, mentorship, summer session, conferences, meetings, social events, or other affiliated programs or premises.

The Policy also applies to Prohibited Conduct that occurs outside of the United States, but in connection with the University's education program or activities, such as University-sponsored, University-funded or otherwise University-supported study abroad programs.

Under certain circumstances, the Policy may also apply to instances in which the conduct occurred outside of the education program or activity, but where the University otherwise regulates the conduct, the conduct has or could have a continuing impact within the University's education program or activity, or the conduct may have the effect of posing a serious threat to the University community.

If the Respondent is not an employee or student, DePauw University’s ability to take disciplinary action will be limited and is determined by the context of the Prohibited Conduct and the nature of the relationship of the third party Respondent to the University. A visitor or third-party who is accused of violating this Policy may have their relationship with DePauw University terminated and/or be permanently barred from the University or subject to other restrictions for failing to comply with this Policy.

In instances where the University does not have disciplinary authority over the Respondent or the conduct is unconnected to a University education program or activity, the University will take steps to support a Complainant or other campus community members by offering reasonably available Supportive Measures and provide assistance in identifying external reporting mechanisms.

Federal Jurisdictional Requirements Unique to Title IX Sexual Harassment | The Title IX regulations apply to specific forms of sexual harassment that occur in an education program or activity in the United States as outlined below. Where conduct occurs outside of the education program or activity, outside of the United States, or would not meet the definition of Title IX Sexual Harassment, the University is required to dismiss any allegations in a formal complaint under Title IX.

However, in keeping with the University's educational mission and commitment to foster a learning, living, and working environment free from discrimination, harassment and retaliation, the University can move forward under the same resolution process for Sexual and Gender-Based Harassment, Sexual Assault, Dating Violence, Domestic Violence, Stalking and other forms of Prohibited Conduct that occur outside of Title IX Jurisdiction (e.g., not in the United States, or as noted above, outside of the education program or activity).

Title IX Sexual Harassment 

Title IX Sexual Harassment is Prohibited Conduct on the basis of sex that constitutes one of the following: 

1. Sexual Harassment: (A) Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies the Complainant equal access to the University’s education program or activity; or (B) An employee of the University conditioning the provision of an aid, benefit, or service of the University on a Complainant’s participation in unwelcome sexual conduct.

2. Sexual Assault: Having or attempting to have sexual contact with another individual without consent or where the individual cannot consent because of age or temporary or permanent mental incapacity (see below for definition of consent and incapacitation). Sexual contact includes: 

a. sexual intercourse (anal, oral, or vaginal), including penetration with a body part (e.g., penis, finger, hand, or tongue) or an object, or requiring another to penetrate themselves with a body part or an object, however slight; or 

b. sexual touching of the private body parts, including, but not limited to, contact with the breasts, buttocks, groin, genitals, or other intimate part of an individual’s body for the purpose of sexual gratification.

3. Dating Violence: violence committed by a person— 

a. who is or has been in a social relationship of a romantic or intimate nature with the Complainant; and 

b. where the existence of such a relationship shall be determined based on a consideration of the following factors: (i) The length of the relationship; (ii) The type of relationship; (iii) The frequency of interaction between the persons involved in the relationship. 

4. Domestic Violence: felony or misdemeanor crimes 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 Indiana domestic or family violence laws, 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.

5. Stalking: engaging in a course of conduct directed at a specific person that would cause a reasonable person to— 

a. Fear for their own safety or the safety of others; or 

b. suffer substantial emotional distress. 

6. Title IX Retaliation: Conduct, including intimidation, threats, coercion, or discrimination, against an individual for the purpose of interfering with any right or privilege secured under Title IX or its implementing regulations, or because the individual has made a disclosure or complaint, testified, assisted, or participated or refused to participate in any manner in a Title IX Resolution Process. The exercise of rights protected under the First Amendment does not constitute Title IX Retaliation. A good-faith pursuit by either party of civil, criminal or other legal action does not constitute Title IX Retaliation. 

Other Forms of Prohibited Conduct

1. Non-Consensual Sexual Contact: Physical contact of a sexual nature, or the touching of the private body parts of another person, regardless of whether the contact is for the purpose of sexual gratification, by one person against the will of or without the consent of another.

2. Retaliation: Conduct, including intimidation, threats, coercion, or discrimination against an individual for the purpose of interfering with any right or privilege secured under this Policy, or because the individual has made a disclosure or complaint, testified, assisted, or participated or refused to participate in any manner in a Resolution Process. The exercise of rights protected under the First Amendment does not constitute Retaliation. A good faith pursuit by either party of civil, criminal or other legal action does not constitute Retaliation.

3. Sexual Exploitation: Nonconsensual use of sexual activity involving one or more persons for one’s own advantage or benefit, or to benefit or advantage anyone other than the person being exploited, and the behavior does not otherwise constitute another form of Prohibited Conduct under this Policy. Examples of sexual exploitation include prostituting another student, non-consensual video or audio taping of sexual activity, sharing consensual video or audio taping of sexual activity without all parties’ consent, allowing others to secretly watch sexual activity without all parties’ consent, and knowingly transmitting a sexually transmitted infection.

4. Violation of a No Contact Directive: Engaging intentionally in conduct or communication with an individual, whether directly or indirectly, or otherwise acting in contradiction to the explicit terms of the No Contact Directive, after having been directed by the University to have no contact with the stated individual. 

 

5. Voyeurism: Knowingly or intentionally looking at or observing another individual, who has an expectation of privacy, in a clandestine, surreptitious, prying, or secretive nature without the consent of the other person. 

Conduct under this Policy is prohibited regardless of the sexual orientation, gender, gender identity, or gender expression of the Complainant or Respondent.

Report

Here are the avenues for reporting incidents of Title IX and Sexual Misconduct:

• Disclosure to Title IX Coordinator: Disclose incidents of conduct prohibited under this Policy directly to the Title IX Coordinator or the Coordinator’s designee, the Deputy Title IX Coordinator [See Appendix A Title IX Coordinator definition.]. An individual may disclose Prohibited Conduct:

In person:

Studebaker Administration Building
313 Locust Street, Greencastle, IN 46135
Phone: 765-658-4155
Email: titleixcoordinator@depauw.edu

Web:www.depauw.edu/studentaffairs/title-ix/report-an-incident-of-sexual-misconduct/ 

• Disclosure to an Employee: Disclose incidents of conduct prohibited under this Policy directly to an Employee (including students employed as resident assistants who receive disclosures in their roles as resident assistants), who are obligated to report the disclosure to the Title IX Coordinator; 

• Disclosure to a Confidential Resource: Seek assistance from a Confidential Resource, who is not required to report the disclosure to the Title IX Coordinator. University employees who are Confidential Resources include licensed counselors, medical professionals, and ordained clergy acting in a pastoral care capacity. Complainants and witnesses can reach DePauw Counseling Services at 765-658-4268, DePauw Health at 765-658-4555, and the Center for Spiritual Life at 765-658-4615. 

• Disclosure to a SASA: Disclose, as students, incidents of conduct prohibited under this Policy to a Sexual Assault Survior Advocate (SASA) who upon request of the Complainant, may initially preserve the anonymity of the Complainant, but will share de-identified information with the Title IX Coordinator at 765-658-4650; and/or 

• Disclosure to DePauw Police: Report incidents of conduct that may violate state law to DePauw Police (the University’s police department), who are obligated to report the disclosure to the Title IX Coordinator and/or to another appropriate external law enforcement agency, 765-658-5555.

An individual may make a disclosure to the University, to law enforcement, to neither, or to both. Complainants and other disclosing individuals are encouraged to disclose any violation of this Policy as soon as possible in order to maximize the University's ability to respond promptly and effectively. There is no time limit for disclosing; an individual may disclose Prohibited Conduct under this Policy at any time without regard to how much time has elapsed since the incident(s) in question.

Intake

Supportive Measures  | Supportive Measures are non-disciplinary, non-punitive individualized services designed to restore or preserve equal access to the University’s Education Programs or Activities without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the educational environment, or deter Prohibited Conduct. 

Supportive Measures are offered as appropriate, as reasonably available, and without fee or charge, to both the Complainant and the Respondent. Supportive Measures are available to the Complainant and the Respondent regardless of whether the Complainant makes a Formal Complaint. The options for Supportive Measures will be discussed upon receipt of a disclosure and will be outlined in writing. Examples of Supportive Measures that may be implemented include, but are not limited to: 

• providing access to counseling; 

• issuing mutual no contact directives to each of the parties; 

• assisting in requesting a criminal protective order; 

• changing student housing; 

• extensions of deadlines or other course-related adjustments; 

• rearranging class or work schedules if available; 

• assisting with local law enforcement; and, 

• adjustments to DePauw University job responsibilities or extracurricular activity responsibilities. 

The availability of Supportive Measures will be determined by the specific circumstances of each disclosure. 

The University will consider a number of factors in determining which measures to take, including: 

• the needs of the student or employee seeking Supportive Measures; 

• the severity or pervasiveness of the disclosed conduct; 

• any continuing or disproportionate effects on the Complainant; 

• whether the Complainant and the Respondent share the same residence hall, academic course(s), or job location(s); and, 

• whether judicial measures have been taken to protect the Complainant (e.g., protective orders). 

The University will work in good faith to implement the requirements of judicially issued protective orders and similar orders, to the extent that doing so is within its authority. 

Any Supportive Measure cannot be punitive in nature and will not unreasonably burden the other party. Requests for Supportive Measures may be made to the Title IX Coordinator. The Title IX Coordinator is responsible for ensuring the implementation of Supportive Measures and coordinating the University's response with the appropriate offices on campus. The Title IX Coordinator has the discretion to provide and/or modify any Supportive Measure based on all available information and is available to meet with a Complainant or Respondent to address any concerns about the provision of Supportive Measures. The University will maintain the confidentiality of any Supportive Measures provided under this Policy to the extent practicable and will promptly address any violation of Supportive Measures. 

Initial Assessment  | Upon receiving notice of Prohibited Conduct, the Title IX Coordinator will conduct an initial assessment by promptly contacting the Complainant to address any immediate physical safety and emotional support needs, discuss the availability of Supportive Measures, consider the Complainant’s wishes with respect to Supportive Measures, provide a copy of the Policy, and explain to the Complainant their rights under the Policy and their options for addressing the Prohibited Conduct. The Complainant may request Supportive Measures only, or may make a Formal Complaint. Alternatively, as described below, the Title IX Coordinator may determine that it is appropriate to file a Formal Complaint even in the absence of a Formal Complaint filed by a Complainant. After the filing of a Formal Complaint, the Complainant may decide to seek either formal or informal resolution. A Complainant is always entitled to reasonably available Supportive Measures, regardless of whether a formal or informal resolution process is initiated. 

As part of the initial assessment, the Title IX Coordinator will be responsible for determining whether the disclosed conduct falls within the scope of the Policy. Once an assessment has been made, the Title IX Coordinator will determine resolution options. 

The University will seek to complete the Initial Assessment as promptly as possible, typically within ten (10) business days. There may be circumstances, however, where the Initial Assessment takes longer based on the availability of the Complainant or other necessary information, the need to gather additional information, or other factors outside of the University’s control. The University also understands that a Complainant may need additional time to make decisions regarding their options, which may impact the timing of the conclusion of the Initial Assessment. 

The Title IX Coordinator will document each report or request for assistance, including requests for Supportive Measures, as well as the response to any such report or request; and will review and retain copies of all reports generated as a result of any investigation. The University will maintain the records in accordance with the provisions found in Appendix A Record Retention. 

Overview of Resolution Processes

The University is committed to providing a prompt, thorough, equitable, and impartial resolution of all reported violations of this Policy. To implement this Policy, the University has developed a formal and an informal resolution process to resolve reports of Prohibited Conduct. 

Informal Resolution | An informal framework that includes informal or restorative options for resolving reports that typically do not involve disciplinary action against a Respondent.

Formal Resolution | Formal procedures that involve an investigation, adjudication and, if appropriate, the imposition of sanctions.

In all formal and informal resolution processes, the University will treat Complainants and Respondents equitably by offering Supportive Measures when the University has notice of potential Prohibited Conduct, and by following either the formal or informal resolution process before the imposition of any disciplinary sanction against a Respondent. Upon receipt of a report of Prohibited Conduct, the University will conduct an initial assessment of the available information and consider the Complainant's stated interests, as well as the University's compliance obligations, in determining how to proceed. A report of Prohibited Conduct may be resolved through: provision of Supportive Measures only; pursuing the formal resolution process, which involves a prompt, equitable and impartial investigation, a live hearing, and an appeal; or, pursuing an informal resolution process, which requires the voluntary and written consent of the Complainant, the Respondent and the University. A Complainant is always entitled to reasonably available Supportive Measures, regardless of whether a formal or informal resolution process is initiated.

Resolution Option: Informal Resolution

Informal Resolution is a voluntary process that may result in the parties and the University agreeing on a resolution of the allegations of a Formal Complaint in lieu of an investigation and/or adjudication. Where the parties agree to consider an Informal Resolution and the Title IX Coordinator concludes that it may be appropriate, the University will work with the Complainant and Respondent to craft an Informal Resolution process based on the unique circumstances of the parties and the disclosed Prohibited Conduct. Both parties must agree to the Informal Resolution process voluntarily and in writing. An Informal Resolution may be requested at any time between the making of a Formal Complaint and the commencement of a Decision Panel Meeting to determine responsibility. Informal resolution will not be permitted to resolve reports of an employee engaging in Title IX Sexual Harassment against a Student. 

Potential outcomes of an Informal Resolution include but are not limited to targeted or broad-based educational programming or training, supported direct confrontation of the Respondent through restorative justice or mediation practices, and/or indirect action by the Title IX Coordinator. Measures designed to maintain the Complainant’s access to the educational, extracurricular, and/or employment activities of the University and to eliminate a potential hostile environment may also be included regardless of whether they disproportionately impact the Respondent, if agreed to by the parties. An Informal Resolution does not necessarily involve the Respondent admitting to a Policy violation or the University taking disciplinary action against the Respondent; however, the parties may agree on a resolution that includes such elements. The University will not compel a Complainant to engage in mediation, to directly confront the Respondent, or to participate in any particular form of Informal Resolution. The decision to pursue Informal Resolution will be made when the University has sufficient information about the nature and scope of the conduct, which may occur at any time after a Formal Complaint is made. 

If the parties are interested in pursuing Informal Resolution, the Title IX Coordinator will send written notices to the parties describing: 

1. The details of the conduct at issue;

2. The requirements of the Informal Resolution; 

3. The circumstances under which the parties are precluded from resuming a Formal Complaint arising from the same allegations; 

4. The right to end the Informal Resolution process at any time prior to completion and resume the Formal Resolution process; and 

5. The consequences resulting from participating in the Informal Resolution.

The Title IX Coordinator will maintain records of all disclosed Prohibited Conduct and conduct referred for Informal Resolution.

Resolution Option: Formal Resolution

Notice  | 1. A Complainant may make a Formal Complaint of Prohibited Conduct if they are participating in or attempting to participate in the University’s Education Program or Activity at the time the Formal Complaint is made. Alternatively, the Title IX Coordinator may file a Formal Complaint on behalf of a Complainant. 

2. The Title IX Coordinator will ask the Complainant questions to gather information related to jurisdiction for the Formal Complaint and will then evaluate the available information surrounding the Formal Complaint to determine whether: (a) the conduct could, if proved, constitute a violation of Title IX Sexual Harassment; (b) the conduct occurred in the University’s education program or activity, (c) the conduct occurred in the United States, (d) the Respondent is under the control of the University, (e) and the conduct occurred on campus or in a university-owned building or one operated by a registered student organization.  If all five of the conditions above are met, the Formal Complaint will proceed as a Title IX Formal Resolution Process. The Title IX regulations require the University to dismiss some or all of the allegations in the Formal Complaint related to Title IX Sexual Harassment, including Sexual Assault, Dating Violence, Domestic Violence and Stalking, if these conditions are not met. While Formal Complaints falling outside of the Title IX regulations will be dismissed for Title IX purposes, where such conduct otherwise constitutes Prohibited Conduct and falls within the scope of this Policy, it will still be addressed and proceed to either the Formal or Informal Resolution process.

3. If the requirements of Paragraph 2 are met, the Title IX Coordinator will provide both the Complainant and Respondent with a written notice of allegations in the Formal Complaint that includes (a) a description of the Formal Resolution process (b) sufficient details of the disclosed conduct constituting a violation of the Policy to prepare a response, including the identities of the parties, if known, the disclosed conduct which could be a violation of the Policy, and the date and location of the disclosed conduct, (c) the potential Policy violations at issue; (d) a statement that the Respondent is presumed not responsible for the disclosed conduct and that a determination regarding responsibility is made at the conclusion of the Formal  Resolution process (e) the name of the assigned Investigator and an opportunity to object to the Investigator on the basis of bias or conflict of interest; (f) a statement that the party may have an Advisor of their choice, who may be but is not required to be an attorney, and that if the party does not have an Advisor, the University will provide them an Advisor to ask questions of the other party and witnesses; (g) a statement that the parties and Advisors may inspect and review evidence directly related to the allegations at the conclusion of the investigation phase; (h) a statement about preservation of evidence; and (i) the prohibition against retaliation. If, in the course of the investigation of the Formal Complaint, information is gathered that indicates that additional violations may warrant investigation as well, the Title IX Coordinator will send revised notice to the parties to include those potential violations. After notifying a Respondent of the Formal Complaint, the Title IX Coordinator will also meet with the Respondent to explain the investigation/adjudication process, available resources, and Supportive Measures. 

4. If a Complainant or Respondent believes that the assigned Investigator(s) may have a conflict of interest or bias which could result in their inability to provide a fair investigation to the Complainant or Respondent, the Complainant or Respondent should notify the Title IX Coordinator immediately, in writing, of this concern, including an explanation or reason for the conflict of interest or bias. If the Title IX Coordinator determines an actual conflict exists, the Title IX Coordinator will assign a new Investigator. 

5. At any time during the investigation or Decision Panel Meeting, certain circumstances may occur that make dismissal of a Formal Complaint appropriate, including written notification to the Title IX Coordinator that the Complainant wishes to withdraw the Formal Complaint, the Respondent is no longer enrolled in the University, or specific circumstances prevent the University from gathering evidence sufficient to make a determination of responsibility for the disclosed conduct. In such cases, written notice of the decision to dismiss will be provided to the parties, and such decision is subject to appeal as provided in this Policy. 

Investigation  |  6. The Investigator shall conduct a fair, impartial and thorough investigation, which may include, but is not limited to, interviews or written statements with the Complainant, the Respondent, and relevant witnesses, as well as collection of available evidence, including electronic and social media communications, documents, photographs, and communications between the parties. The investigation is designed to provide both parties a full, equal, and fair opportunity to be heard, to submit relevant inculpatory or exculpatory information, and to identify fact or expert witnesses. Neither party’s ability to discuss the disclosed conduct under investigation or to gather and present relevant evidence will be restricted. 

7. The Complainant and the Respondent are required to have an Advisor(s) to assist during the investigation and adjudication of a Formal Complaint. The Advisor may be an attorney. The University will provide a list of trained Advisors from its administrative staff, and can assist in connecting Complainants and Respondents with Advisors if requested. An Advisor may provide support, guidance or advice to the Complainant or Respondent, but may not otherwise participate in meetings except as provided below regarding questioning during a Decision Panel Meeting or unless requested to do so by the University. An Advisor may not in any manner delay, disrupt, or interfere with meetings and/or proceedings. Advisors should plan to make themselves reasonably available, and the University will not unduly delay the scheduling of meetings or proceedings based on the Advisor’s unavailability. Advisors who are unable or unwilling to adhere to the University’s expectations may not be permitted to continue participating in the Formal Resolution process. 

8. The University, not the parties, is responsible for the burden of proof and the burden of gathering relevant evidence to the extent reasonably possible. Both the Complainant and Respondent will be asked to identify witnesses and provide other relevant information, such as documents, communications, photographs, and other evidence. Both parties are encouraged to provide all relevant information in a timely manner to facilitate prompt resolution. In the event that a party declines or delays in voluntarily providing material information, the University’s ability to conduct a prompt, thorough, and equitable investigation may be impacted. All parties or witnesses whose participation is invited will be provided written notice of the date, time, location, participants, and purpose of all meetings, including investigative interviews or Decision Panel Meetings, with sufficient time for the party to prepare to participate. 

9. The Investigator may visit relevant sites or locations and record observations through written, photographic, or other means. In some cases, the Investigator may consult medical, forensic, technological, or other experts when expertise on a topic is needed in order to achieve a fuller understanding of the issues under investigation. The University will not consider polygraph results. 

10. In general, the University cannot access, consider, disclose, or otherwise use a party’s records that are made or maintained by a physician, psychiatrist, psychologist, attorney, clergy member, or other recognized professional or paraprofessional acting or assisting in that capacity, and which are maintained in connection with the provision of services to the party, unless that party gives their voluntary, written consent to do so. In those instances, the relevant information from the records must be shared with the other party, and in so doing is not considered as a violation of educational, health, or other privacy rights of the consenting party.   

11. The Investigator will review all information identified or provided by the parties and will determine the relevance of the information developed or received during the investigation. 

12. Prior or subsequent conduct of the Respondent may be considered in determining pattern, knowledge, intent, motive, or absence of mistake. For example, evidence of a pattern of Prohibited Conduct by the Respondent, either before or after the incident in question, regardless of whether there has been a prior finding of a policy violation, may be deemed relevant to the determination of responsibility for the Prohibited Conduct under investigation. The determination of relevance of pattern evidence will be based on an assessment of whether the previous or subsequent conduct was substantially similar to the conduct under investigation or indicates a pattern of similar Prohibited Conduct. The Investigator (and the Decision Panel chair during a Decision Panel Meeting) will determine the relevance of this information and both parties will be informed if evidence of prior or subsequent conduct is deemed relevant. 

13. The sexual history of the Complainant is not relevant, except in two circumstances: (1) to show that someone other than Respondent committed the conduct; and, (2) where the Respondent alleges the sexual contact was consensual, evidence of the manner and nature of how the parties communicated consent in the past may be relevant in assessing whether consent was communicated in the reported conduct. As set forth in the consent definition, the mere fact of a current or previous dating or sexual relationship, by itself, is not sufficient to constitute consent and, even in the context of a relationship, consent to one sexual act does not constitute consent to another sexual act, and consent on one occasion does not constitute consent on a subsequent occasion. 

14. Resolution is a voluntary process. The University will respect the choice of the Complainant or Respondent in how they choose to or not to engage with the Process. The University may, however, move forward with the investigation without the participation of a party or parties. No adverse inference will be drawn from a party’s election to not participate. 

15. The University may consolidate Formal Complaints of Prohibited Conduct against more than one Respondent, or by more than one Complainant against one or more Respondents, or by one party against the other party, where the Prohibited Conduct arises out of the same facts or circumstances. 

16. At the conclusion of the fact-gathering portion of the investigation, the Investigator will provide to each party and their Advisor, if any, the opportunity to review evidence that is directly related to the disclosed Prohibited Conduct, including any evidence upon which the University does not intend to rely in reaching a determination regarding responsibility and inculpatory or exculpatory evidence, whether obtained from a party or other source, so that each party can meaningfully respond to the evidence prior to conclusion of the investigation. The parties will have ten (10) business days to submit a written response to the Title IX Coordinator, which the Investigator will consider prior to completion of the investigative report. The Investigator will consider requests made in writing for additional witnesses or submission of new evidence, and the Title IX Coordinator will provide each party notice of the submission of additional information and provide an opportunity to review and respond at the Title IX Coordinator’s discretion. The Title IX Coordinator will also consider written requests for additional time to review the evidence. The Complainant and Respondent are not permitted to remove evidence from its secure physical location, nor make copies, downloads, screenshots, printouts, photographs, or any other reproduction electronic or otherwise, of the information provided for review. 

17. The Investigator will prepare an investigative report that fairly summarizes relevant evidence, both inculpatory and exculpatory, and provide the Complainant and Respondent, and their Advisors, with an opportunity to review the investigative report and provide a written response. Access to the final investigative report will be provided to each party and their Advisor at least ten (10) business days prior to the Decision Panel Meeting for the parties’ review and written response. 

Hearing and Determination  | 18. Upon completion of the investigation of a Formal Complaint, the Title IX Coordinator shall assign a Decision Panel consisting of three (3) members (including the Decision Panel Chair) to hold a live meeting (“Decision Panel Meeting”) during which they will review evidence and hear live statements from the parties and witnesses including answers to relevant questions. The Title IX Coordinator will provide the parties and all witnesses who will be requested to participate written notice including details on the date, time, and location of the Decision Panel Meeting, the anticipated witness list, and the names of the Decision Panel members, at least ten (10) business days in advance of the Decision Panel Meeting. The Title IX Coordinator will consider written requests from either party for a reasonable delay in the date of the Decision Panel Meeting, if such delay is necessary to maintain the fairness and integrity of the Formal Resolution Process. The request should be made no later than three (3) business days before the original scheduled date of the Decision Panel Meeting. 

19. A party may add witness(es) to the list of those named in the notice only if they were not known at the time of the completion of the final investigative report. The party must provide the witness’s name, contact information (if not a University student or employee), an explanation of why the witness was previously unavailable, and a brief description of what information the witness is expected to provide at the Decision Panel Meeting, at least three (3) business days prior to the date of the Decision Panel Meeting. The witness will be interviewed by the Investigator and an addendum to the investigative report completed. The Title IX Coordinator has the discretion to reschedule the Decision Panel Meeting to allow the parties equal and timely access to any new information. 

20. If a Complainant or Respondent believes that an assigned Decision Panel member may have a conflict of interest or bias which could result in their inability to provide a fair determination regarding responsibility and/or sanctions to the Complainant or Respondent, the Complainant or Respondent should notify the Title IX Coordinator immediately, in writing, of this concern, including an explanation or reason for the conflict of interest or bias. If the Title IX Coordinator determines an actual conflict exists, the Title IX Coordinator will assign a new Decision Panel member. 

21. The Decision Panel Meeting will be conducted with the parties located in separate rooms with technology enabling the Decision Panel and participants to simultaneously see and hear each other. If all parties and the Title IX Coordinator agree, the Decision Panel Meeting may alternately be conducted with all parties physically present in the same location. An audio or audiovisual recording or transcript of the Decision Panel Meeting will be created and maintained by the Title IX Coordinator and will be available to the parties for inspection and review. No other recording of the proceedings will be permitted except that which is recorded and maintained by the University. 

22. Decision Panel Meetings shall not be publicized or open to the public; only participants in the meeting (Decision Panel members, the parties, their respective Advisors, and witnesses), the Title IX Coordinator, or another University employee as deemed appropriate by the Title IX Coordinator may be present. All participants shall hold matters relating to the Decision Panel Meeting in strict confidence. Witnesses are not permitted to attend Decision Panel Meetings to observe; their role is limited to giving their statements and answering questions. 

23. The Complainant and Respondent have the opportunity to attend the hearing and to hear and respond to evidence and questions posed by the Decision Panel, and will be provided access to copies of all directly related evidence for reference at the hearing. The Complainant and Respondent may not directly question one another. Each party’s Advisor is permitted to directly ask the other party and any witnesses relevant questions and follow up questions. The Decision Panel will determine whether any question to be asked by an Advisor is relevant prior to the party or witness answering. If a question is determined to not be relevant, the Decision Panel chair will explain the decision to exclude the question. 

24. A party or witness is not required to respond to questions presented by the Decision Panel or by another party through their Advisor. However, regardless of whether a party or witness submits to such questioning, the Decision Panel may still consider previous statements made by the party or witness when making their determination. This includes statements made in this decision meeting, statements made to the Investigators, statements contained in submitted documents, and statements made to another party or witness. The Decision Panel chair may not draw any adverse inference from the decision of a party or witness to not participate at the hearing. 

If deemed reliable and relevant by the Decision Panel chair, and not otherwise subject to exclusion under this Policy, the Decision Panel chair may consider the statements of persons who were not present at the hearing, or persons who were present at the hearing but who nevertheless were not subject to cross-examination. This includes, but is not limited to, opinions and statements in police reports or other official reports, medical records, court records and filings, investigation notes of interviews, emails, written statements, affidavits, text messages, social media postings, and the like. 

25. At the conclusion of the Decision Panel Meeting, the Decision Panel will assess the credibility and weight of the evidence and make a determination regarding responsibility for a violation of University Policy. If the Decision Panel determines that the Respondent is responsible for violation of University Policy, it will also make a determination regarding appropriate sanctions/disciplinary actions to be given (see Sanctions/Disciplinary Actions below). Decisions regarding responsibility will be made by a preponderance of the evidence standard by majority vote of the Decision Panel. The decisions regarding responsibility and sanctions/disciplinary actions will be provided simultaneously in writing to the Complainant and Respondent and will include (a) identification of the disclosed Prohibited Conduct, (b) a description of the procedural steps taken from the receipt of the Formal Complaint through the determination, including any notifications to the parties, interviews with parties and witnesses, site visits, methods used to gather other evidence, and meetings held, (c) findings of fact supporting the determination, (d) conclusions regarding the application of this Policy to the facts, (e) a statement of, and rationale for, the result as to each potential violation of University Policy, including a determination regarding responsibility, any disciplinary sanctions to be issued to the Respondent, and whether remedies designed to restore or preserve equal access to the University’s education program or activity will be provided to the Complainant, and (f) the procedures and permissible bases for the Complainant and Respondent to appeal.

Sanctions/Disciplinary Actions  | 26. If the Respondent is found to be responsible for a violation of the Policy, the Decision Panel shall determine sanctions to be imposed by Student Affairs, Human Resources, or Academic Affairs, depending on the Respondent’s role at the University. The Complainant and Respondent may submit an impact or mitigation statement to the Decision Panel for consideration in its determination regarding sanctions/disciplinary action. Sanctions can range from formal warning up to expulsion/termination of employment. Any sanctioning level may also include completion of assigned educational requirements. Sanctions of suspension or expulsion for students carry with them a forfeiture of tuition, fees and residence hall room and board. Sanctions may also include disclosing previous violations in that notification. Additional measures, including no contact directives, no trespass orders and changes to residential and/or academic situations, may also be implemented upon a finding of responsibility.

In determining the appropriate sanction, the Decision Panel shall consider the following factors: the nature and violence of the conduct at issue; the impact of the conduct on the Complainant; the impact or implications of the conduct on the community or the University; prior misconduct by the Respondent, including the Respondent’s relevant prior discipline history, both at the University or elsewhere (if available), including criminal convictions; whether the Respondent has accepted responsibility for the conduct; maintenance of a safe and respectful environment conducive to learning; protection of the University community; and, any other mitigating, aggravating, or compelling circumstances in order to reach a just and appropriate resolution in each case. 

Sanctions may be imposed individually or in combination. See Appendix B for examples of sanctions.

Communication of Outcomes  | 27. Both the Complainant and the Respondent will be notified simultaneously in writing of the outcome of an investigation and determination of responsibility concerning sexual misconduct or interpersonal violence and of any appeal decisions following such determination. The University is committed to fulfilling its obligations under the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act. Statistics citing the number of disclosed incidents of sexual misconduct and interpersonal violence and their disposition are included in the Annual Security and Fire Safety Report which can be found on the DePauw Police Website.

Appeals  | 28. Any party may appeal the determination of responsibility or sanction imposed, or the dismissal of a Formal Complaint or any allegations therein, by filing their full and complete written appeal with the Vice President for Student Affairs (for students), Vice President for Finance and Administration (for staff or administration) or the Vice President of Academic Affairs (for faculty) within ten (10) calendar days of the date of the letter of notification of the decision being appealed, unless that time is extended in writing by the Vice President. 

 Appeals may be based only on the following reasons: 

1. New evidence that was not reasonably available at the time of the determination regarding responsibility or dismissal was made that could affect the outcome of the matter 

2. Procedural irregularity that affected the outcome of the matter 

3. Conflict of interest or bias of the Title IX Coordinator, Investigator(s), or decision-maker(s) for or against complainants or respondents generally or the individual Complainant or Respondent that affected the outcome of the matter 

4. Appropriateness of sanction 

All materials supporting any appeal must be submitted at the time the appeal is filed. The Vice President will advise the non-appealing party in writing of the receipt of an appeal and will provide a copy of the appeal to the non-appealing party. The non-appealing party(ies) will have ten (10) calendar days from the date of their receipt of the appeal to respond in writing to the appeal. A copy of the response will be issued to the appealing party. No additional review or response to submissions related to the appeal may be made by either party after this point, unless requested by the Vice President. After receipt of the non-appealing party’s response, the Vice President will determine the disposition of the appeal. For decisions involving expulsion as a sanction, the Vice President will confer with the President of the University as part of their determination process. 

The Vice President may: 

1. Affirm the action taken. 

2. Reverse the decision and refer the case back for reconsideration. 

3. Reverse the decision, in whole or in part, and vacate or modify any sanction. 

4. Reverse or impose different sanctions. 

The Vice President will simultaneously advise both parties in writing of the decision on appeal and the rationale for the result within ten (10) calendar days of submission of the non-appealing party’s response. Decisions by the Vice President are final. 

The determination regarding responsibility and sanctions become final on the date that the Vice President provides the parties with the written determination of the result of the appeal, if an appeal is filed, or if an appeal is not filed, the date on which the appeal would no longer be considered timely.

 

Appendix A: Definitions 

ADA Accommodations: It is the policy and practice of the University to provide reasonable accommodations related to the Title IX and Sexual Misconduct for Complainants and Respondents with officially documented disabilities. It is the responsibility of the Complainant and Respondent to inform the Title IX Coordinator of their disability, provide documentation of their eligibility for accommodations from Student Accessibility Services or Human Resources, and request the accommodation that they need. Complainants and Respondents may be required to sign a waiver of confidentiality to allow the Title IX Coordinator to communicate with Student Accessibility Services and Human Resources regarding the reasonableness of the requested accommodations. Accommodations are not retroactive. 

Advisor: An individual who provides the Complainant or Respondent support, guidance or advice. An Advisor may be any person, including an attorney. An advisor may be any individual of the party's choice or, upon the request of the party, may be assigned by the University. The University discourages having a witness serve as an Advisor. 

Annual Review: This Policy reflects the University’s good faith efforts to implement the legal requirements under the Title IX regulations issued in May 2020, to synthesize those regulations with other Federal law, including the Clery Act, and with state law applicable to students and employees. The University reserves the right to modify this Policy and the accompanying procedures as necessary to comply with Federal or state law, and such modifications may be made before or during an ongoing resolution process. 

Given the rapidly evolving nature of the legal requirements applicable to sexual misconduct, and the desire to provide accessible, effective, and legally compliant policies and procedures, the University will review this Policy on at least an annual basis. The review will capture evolving legal requirements, evaluate the support and resources available to the parties, and assess the effectiveness of the resolution process (including as to the fairness of the process, the time needed to complete the process, and the sanctions and remedies imposed). The review will consider feedback from individuals affected by the Policy and will incorporate an aggregate view of reports, resolution, and climate. 

Bias: A predisposition, inclination, or prejudice either for or against any person or group of persons that might affect the ability of an Investigator, coordinator, or decision maker to be fair and impartial.

Clery Reporting: Campus Security Authorities (CSA) include members of DePauw Police or other individuals who have responsibility for campus security, as well as other individuals to whom students or employees may disclose crimes, as well as individuals who have significant responsibility for student campus activities. They are all required to share non-identifiable information for consideration of Timely Warnings and inclusion in crime statistic data. 

Any disclosure of alleged sexual misconduct or interpersonal violence shall be included in crime statistics in accordance with the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (the Clery Act). These statistics will be made without disclosing the names of either the Complainant or the Respondent. If the University determines that matters of public safety are involved, the University may disclose the name of a student or employee who poses an active threat to the campus in Timely Warning or Emergency Notifications if this information is necessary to address that threat. 

Coercion: Unreasonable pressure to participate in an activity that is sufficient to overcome an individual’s freedom of will whether to voluntarily consent to participate in the activity. Coercive conduct includes intimidation and express or implied threats of immediate or future physical, emotional, reputational, financial or other harm to the Complainant or other that would reasonably place an individual in fear and that is employed to compel someone to engage in sexual activity. 

Complainant: The individual who reportedly experienced Prohibited Conduct, regardless of whether the individual makes a Formal Complaint or participates in an investigation of Prohibited Conduct. 

Confidential Resource and Confidentiality: Confidential resources are individuals who have the legally-protected ability to maintain the confidentiality of a disclosure. Confidentiality refers to the statutory protections provided to individuals who disclose information in legally-protected or privileged relationships, including professional mental health counselors, medical professionals, and ordained clergy (“Confidential Resources”). These Confidential Resources must maintain the confidentiality of communications disclosed within the scope of the provision of professional services. Confidential Resources will not disclose protected information unless: 1) given permission by the privileged party; 2) there is an imminent threat of harm to self or others; 3) the conduct involves suspected abuse of a minor under 18 years of age; or, 4) as otherwise required or permitted by law or court order. Similarly, medical and counseling records cannot be released without the individual's written permission or unless permitted or required consistent with ethical or legal obligations. 

A Complainant or Witness may seek assistance from an individual who has the legally protected ability to maintain the confidentiality of the conversation. University employees who are Confidential Resources include licensed counselors, medical professionals, and ordained clergy acting in a pastoral care capacity. Complainants and witnesses can reach DePauw Counseling Services at 765-658-4268, DePauw Health at 765-658-4555, and the Center for Spiritual Life at 765-658-4615. 

Consent: Clear, knowing, and voluntary agreement to participate in sexual activity. Consent can be given by words or actions, as long as those words or actions create mutually understandable clear permission regarding willingness to engage in (and the conditions of) sexual activity. Consent is active, not passive. Silence, in and of itself, cannot be interpreted as Consent, and relying on nonverbal communication alone may not be sufficient to establish consent. 

Consent to any one form of sexual activity does not automatically imply consent to any other forms of sexual activity. Previous relationships or prior consent do not imply consent to future sexual acts. Even in the context of a relationship, there must be mutual consent to engage in sexual activity each time it occurs. Consent to engage in sexual activity with one person is not consent to engage in sexual activity with any other person. 

When it is unclear whether someone consents to activity, it is the responsibility of the person who initiates the activity to ensure that their partner clearly communicates consent. To continue to engage in sexual activity without consent from their partner is a violation of this Policy. 

Consent can be withdrawn by either party at any point. Once consent is withdrawn, the sexual activity must cease immediately. 

Consent must be mutually understandable. That is, a reasonable person would have to consider the words or actions of the parties to indicate that there was a clear agreement to engage in the given activity with each other at the same time. 

Consent cannot be obtained through force, coercion, or taking advantage of another person’s incapacitation. 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 overcome resistance or produce consent. Note: There is no requirement that a party actively resist the sexual advance or request, but resistance is a clear demonstration of non-consent. Sexual activity that is forced is by definition non-consensual, but lack of physical force or coercion does not indicate consent. 

Consent cannot be given by minors, by mentally disabled persons, or by otherwise physically or mentally incapacitated persons. Consent cannot be gained by taking advantage of the incapacitation of another, where the person initiating sexual activity knew or reasonably should have known that the other was incapacitated. 

Education Program or Activity: Includes all of the University’s operations, including locations, events, or circumstances over which the University exercises substantial control over both the Respondent and the context in which conduct occurs; and any building owned or controlled by a student organization that is officially recognized by the University. 

Emergency Removal: The University may remove a Respondent from the University’s education program or activity on an emergency basis, provided that the University undertakes an individualized safety and risk analysis, and determines that an immediate threat to the physical health or safety of any student, employee or other individual arising from the disclosed misconduct justifies such measures. 

During any emergency removal, the Respondent may be denied access to University housing, to the campus (including classes), placed on paid or unpaid administrative leave and/or to any or all other University activities or privileges for which the Respondent might otherwise be eligible.

If an organization is placed on emergency removal, the organization shall be required to cease and desist with all organizational activities. The organization will be denied access to any or all University activities and privileges for which the organization might be eligible. In certain circumstances, organizational leadership may be restricted from communication with the organizational membership or students may be required to vacate organizational housing units. 

Employee and Employee Disclosure: All individuals employed by DePauw University regardless of employment status or employee definition. Employees include 1) all part-time, full-time, term, interim, temporary, or on-call employees; 2) exempt and nonexempt employees; and 3) faculty, staff, student employees (for conduct committed in their role as an employee only, such as Resident Assistants), and administrators. All employees, except Confidential Resources, are mandatory reporters.

Different University employees have different abilities to maintain information as confidential. Confidential Resources are not required to share any information with the Title IX Coordinator. Sexual Assault Support Advocates must share information with the Title IX Coordinator but may be able to do so in a way that preserves the anonymity of the Complainant. Employees are required to immediately share with the Title IX Coordinator all known information, including the identities of the parties, the date, time and location, and any details about the disclosed incident. 

External Reporting: Concerns about the University’s application of Title IX and the Clery Act may be addressed to the University’s Title IX Coordinator; the United States Department of Education, Clery Act Compliance Division (at clery@ed.gov); the United States Department of Education, Office for Civil Rights, at (OCR@ed.gov or (800) 421-3481); and/or the Equal Employment Opportunity Commission (at info@eeoc.gov or (800) 669-4000). 

Family Educational Rights and Privacy Act: Access to records and release of information and notification shall be construed and applied in a manner consistent with the Family Educational Rights and Privacy Act (FERPA), as amended from time to time, including parental notification and participation in Title IX or Sexual Misconduct Process where the Complainant or Respondent is a minor. The University will keep confidential the identity of any individual who has disclosed Prohibited Conduct, any Complainant, any Respondent, and any witness, except as may be permitted by the FERPA statute, regulations or as required by law (including by subpoena, court order, or search warrant), or to carry out the conduct of any Title IX or Sexual Misconduct Process. 

Formal Complaint: A document filed by a Complainant or signed by the Title IX Coordinator alleging Prohibited Conduct against a Respondent and requesting that the University investigate the conduct. Formal Complaints may be made for conduct that is prohibited in this Policy, in which case they will be addressed as outlined in this Policy.

Incapacitation: The inability, temporarily or permanently, to give consent because an individual is incapable of appraising or controlling their own conduct, physically unable to verbally or otherwise communicate consent or unwillingness to an act, asleep, unconscious, or unaware that sexual activity is occurring. People who are unconscious, asleep, unaware the sexual activity is occurring, incapacitated as a result of alcohol or drugs (whether consumed voluntarily or involuntarily), or who are physically or mentally incapacitated cannot give consent. 

Incapacitation is an important and specific concept. Incapacitation means that a person lacks the ability to make informed, rational judgments about whether or not to engage in sexual activity. A person who is incapacitated is incapable of recognizing what is going on around them. An incapacitated person is not able to recognize the sexual nature or extent of the situation they are in. To engage in sexual activity with a person one knows or should know is incapacitated is a violation of this Policy. 

When alcohol or other drugs are involved, incapacitation is a state beyond drunkenness or intoxication. A person is not necessarily incapacitated merely as a result of drinking or using drugs; the level of impairment must be significant enough to render the person unable to give consent. The impact of alcohol and other drugs varies from person to person, and a person’s level of intoxication may vary based upon the nature and quality of the substance imbibed, the person’s weight, tolerance, ingestion of food and other circumstances. A person’s level of impairment may also change rapidly. 

Intimidation: Communicating a threat to another person such that a reasonable person in such a circumstance would be placed in fear. 

No Contact Directive: At times it becomes necessary to restrict an employee’s, student’s or organization's privileges and/or prohibit contact with specified individuals, or specific locations, by issuing a no contact directive. This directive is issued when it is believed necessary to protect a person’s safety and preserve a peaceful environment for all individuals to work, study and live on campus. Violation of a no contact directive issued in relation to a reported violation of the Title IX Resolution Process or Sexual Misconduct is considered a violation of these policies and may result in University action that could include emergency removal from the University. 

Obligation to Provide Truthful Information: DePauw takes disclosures seriously. Disclosures that are made in good faith, whether the outcome results in a finding of responsibility or not, are not considered to be false reports. However, if a Complainant, Respondent, witness, or third party who discloses a violation of this Policy is later found to have intentionally misled or made false claims of Prohibited Conduct under this Policy, they will be subject to disciplinary action.

Privacy and Confidentiality: Refers to the discretion that will be exercised by the University in the course of any investigation or disciplinary processes under this Policy. Information related to a disclosure of Prohibited Conduct will be handled discreetly and shared with a limited circle of University employees or designees who need to know in order to assist in the assessment, investigation, and resolution of the disclosed conduct and related issues. 

The University is committed to protecting the privacy of all individuals involved in a disclosure of Prohibited Conduct under this Policy. Except as otherwise permitted by law, as required to conduct an investigation or Decision Panel Meeting under this Policy, and as required in an external legal proceeding, the University will not share the identity of a Complainant, Respondent or witness. The University will also maintain as confidential any Supportive Measures provided to the Complainant and the Respondent, to the extent that maintaining such confidentiality would not impair the University’s ability to provide the Supportive Measures. All employees who are involved in the University’s response to harassment and discrimination, including the Title IX Coordinator, Investigators and adjudicators, receive specific training and guidance about safeguarding private information, including the protections set forth in Title IX, the Clery Act and Family Educational Rights and Privacy Act (“FERPA”). The University is precluded by law from restricting the parties’ ability to discuss the allegations under investigation or to gather and present relevant evidence. 

Record Retention: Files related to Title IX Resolution Process and Sexual Misconduct Policies, including but not limited to any Supportive Measures, investigation, formal hearing, appeal, informal resolution, and remedies will be maintained for seven (7) years from graduation, after which records are archived and cannot be accessed for reporting. An organization’s file will be maintained for seven (7) years from the date the incident occurred. 

Respondent: The individual or student organization who has been named in a complaint of Prohibited Conduct. 

Sexual Assault Survivor Advocates (“SASAs”): Employees trained in sexual assault response and available to support students in crisis as well as refer them to various resources. These employees must share information they receive with the Title IX Coordinator, but may initially do so in a manner that preserves the anonymity of the Complainant, if requested by the Complainant. In the event that the Title IX Coordinator determines that the disclosed conduct poses a potential threat to the health or safety of any campus community member, the SASA may be required to share the Complainant’s personally identifiable information. Additionally, records maintained by SASAs may be subject to release by court order, search warrant, or subpoena. The Complainant can call to connect with a SASA at 765-658-4650.

Standard of Proof: The standard of proof in the University’s Title IX and Sexual Misconduct grievance resolution proceedings is the preponderance of evidence standard, which requires proving that it is more likely than not that reported sexual misconduct occurred, or that a claim has merit. If a Respondent is found responsible by the Decision Panel for a violation of the Title IX or Sexual Misconduct policies, the Decision Panel will determine sanctions to be issued. 

Student: Any person pursuing studies at the University, including: (a) a person who is enrolled; (b) a person who is not currently enrolled, but who was enrolled at the time of the alleged violation; (c) a person who, while not currently enrolled, has been enrolled in the University and may reasonably be expected to seek enrollment at a future date; or (d) an accepted student who has paid a deposit. 

Student Organization: A group consisting of a number of students who have followed the University requirements for recognition as a student organization.

Supportive Measures: Non-disciplinary, non-punitive individualized services designed to restore or preserve equal access to the University’s education programs or activities without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the educational environment, or deter Prohibited Conduct. 

Title IX Coordinator: The person designated and authorized to coordinate efforts to comply with its responsibilities under Title IX. This person retains ultimate oversight over those responsibilities and ensures the university’s consistent compliance with its responsibilities under Title IX. As appropriate, a university may delegate, or permit a Title IX Coordinator to delegate, specific duties to one or more designees. At DePauw, the primary designee is the Deputy Title IX Coordinator.

Training and Education: The University is committed to the prevention of sexual misconduct and interpersonal violence through regular and ongoing education and awareness programs. All incoming students and new employees (faculty and staff) receive primary prevention and awareness programming, and returning students and current employees receive ongoing training and related programs. Individuals involved in the implementation of this Policy also receive regular, comprehensive mandated training on this Policy and related processes, which incorporates all required training, including specific training as required by the Clery Act and Title IX.

 

Appendix B: Sanctions/Disciplinary Actions

Sanctions for Individual Students

Expulsion: The most severe sanction reserved for the most serious violations of the Policy shall be expulsion, resulting in immediate dismissal and permanent separation from the University. Parents or legal guardians will receive notification of the student’s change of status. The student will be notified in writing of the Vice President’s decision, and parents or legal guardian will be similarly notified. Student expulsions are automatically reviewed by the President of the University. A student who has been expelled is not permitted to visit the University or attend any functions on campus without written permission from the Vice President for Student Affairs. 

For students expelled from the University, tuition, fees and residence hall room and board are neither refunded nor remitted, in whole or in part. 

Suspension: The second most severe sanction for violation of the Policy shall be suspension, resulting in immediate dismissal from the University for at least the remainder of the term in progress and/or a specified period of time thereafter. Parents or legal guardians will receive notification, in alignment with compliance to FERPA, of the student’s change of status. Any additional violations or failure to comply with other requirements stipulated during this period of suspension may result in expulsion. During this time the student is not permitted to visit the University or attend any functions on campus without written permission from the Vice President for Student Affairs. 

For students placed on suspension from the University, tuition, fees and residence hall room and board are neither refunded nor remitted, in whole or in part. 

Probation: A violation of the Policy may result in a minimum of four weeks on probation up to one full year. In addition, probation may include educational or other sanctions, and the student may lose privileges such as: off-campus study and living in University-owned apartments and houses, participation in rush and new member processes, and participation in on campus Winter Term. If found responsible for violating any additional University policies or failure to comply with other requirements stipulated during this period, the student may be moved to suspension status. 

Formal Warning: A violation of the Policy may result in a written notification that documents the Policy violation and warns against any potential violations of University policy in the future. Formal warnings may include educational or other sanctions. If found responsible for violating any additional University policies or failure to comply with other requirements stipulated as part of the formal warning, the student may be moved to Probation status. 

University Property Restrictions: Students may be restricted from certain University facilities or property for a definite period of time. 

Living Unit Expulsion: Permanent separation of the student from the living unit. 

Living Unit Suspension: Separation of the student from the living unit for a definite period of time, after which the student is eligible to return. Conditions for readmission may be specified. 

Fine: A monetary penalty for violations that result in inconvenience, risk or cost to others. Fines may also be utilized when students fail to complete other required sanctions. 

Restitution: Compensation for loss, damage or injury. This may take the form of appropriate service and/or monetary or material replacement. 

Educational Sanctions: Sanctions that may require an organization or individual to write a paper, plan and present a program, attend a class or complete other educational requirements. 

Community Service: Service for the benefit of the University or local community. 

Loss of Privileges: Denial of specified privileges for a designated period of time.

Restorative Justice: The opportunity to make amends with the members of the community who were impacted by the Policy violation through structured dialogue. 

Sanctions for Student Organizations

Expulsion: The most severe violation of the University Code of Conduct by an organization may result in dismissal and permanent separation of the organization from the University. 

Suspension: The second most severe violation of the Policy by an organization may result in suspension of the organization from the University for a minimum of one full academic year up to five full academic years. Any additional violations or failure to comply with other requirements stipulated during this period may result in expulsion. 

Probation: Repetitive or serious violations of the Policy may result in at least Organizational Probation. Probation is a period of observation and significant restrictions and requirements may be put in place. Prior to the end of the probationary period, the president of the organization is required to schedule a probation assessment meeting with the Dean of Students or designee. The probationary period will not end until the conditions of the probation have been met. Any additional violations or failure to comply with requirements stipulated during this period can result in suspension or an increase in the length, severity or requirements of the probation. The length of the probationary period for organizations may range from four weeks to one full year. Fines for organizations on Organizational Probation may range from $1000 to $2500. 

Social restrictions while an organization is on probation may include 1) no group parties or co-sponsored events that allow alcohol to be present; 2) no group parties or co-sponsored events; 3) loss of all group and campus-wide social privileges except philanthropy and intramurals; 4) loss of all group and campus-wide social privileges. 

Organizational Review: Moderate and/or first-time violations of the Policy may result in the organization being placed on Organizational Review. Organizational Review is a period of observation in which the sanctions for the organization will focus on educational guidelines. Requirements may be implemented to assist the organization in corrective actions associated with the violation. The length of the review period for organizations will typically range from four weeks to twelve weeks, but may extend to a full semester. Fines for organizations on Organizational Review may range from $250 to $1000. 

Guidelines may be put in place for the organization during the review period. These may include, but are not limited to: 1) the requirement to implement additional safety management guidelines at registered events; 2) the requirement to utilize third party vendors at registered events; 3) attendance restrictions; 4) the requirement to host a non-alcoholic event prior to registering an event with alcohol. 

In order to assist organizations in successfully achieving the guidelines established while on Organizational Review or Probation, the organization will select a support person from an approved list of Student Affairs staff members provided by the Community Standards Office. This support person will serve as a resource to the organization, providing them guidance as they navigate the Community Standards process. 

Formal Warning: A violation of the Policy may result in a written notification that documents the organization’s Policy violation and warns against any future violations of University policy. Formal warnings may carry educational sanctions and a fine of $250. 

Educational Sessions: The goal of this alternative is to promote safety and education by creating and presenting solution-focused information to chapters in engaging ways. Actively involving representatives from the chapter in co-designing the educational conversation will allow tailored programming that addresses the specific problems that resulted in policy violations. 

University property restrictions: Organization may be restricted from certain University facilities or property for a definite period of time. 

Living unit expulsion: Permanent separation of the organization from the living unit. 

Living unit suspension: Separation of the organization from the living unit for a definite period of time, after which the members are eligible to return. Conditions for readmission may be specified. 

Fine: A monetary penalty for property damage, theft or other violations that result in inconvenience, risk or cost to others. Fines may also be utilized when organizations fail to complete other required sanctions. 

Restitution: Compensation for loss, damage or injury. This may take the form of appropriate service and/or monetary or material replacement. 

Community Service: Designated work performed for the benefit of the University or local community. 

Loss of privileges: Denial of specified privileges for a designated period of time.

Disciplinary Action for All Employees

Termination of Employment: Removal of the Employee from their status as an active Employee of the University.

Suspension: Removal of an Employee from their position for a period of time, either with or without pay. Suspensions must be documented to the Employee’s file in Human Resources. Salaried Employees can only be suspended for a full day’s work (not for partial days) and can be suspended only in instances of severe or gross misconduct.

Formal Warning: A violation of the Policy may result in a written notification that documents the Policy violation and warns against any potential violations of University policy in the future. Formal warnings may include educational or other sanctions. Documentation goes to the Employee’s file in Human Resources. If found responsible for violating any additional University policies or failing to comply with other requirements stipulated as part of the formal warning, the employee may be moved to Suspension status. 

Case Conference: Discussion with the Employee of the Prohibited Conduct.

(Reviewed and endorsed by the President’s Cabinet, August 2024; Reviewed annually by the Title IX Coordinator, August 2024; Reviewed by legal, August 2024)