SEXUAL MISCONDUCT

About This Policy

Policy Statement

I. Introduction

North Central University is a caring community that is committed to the physical, emotional, and social well-being of its students. NCU expects our campus community to be free from discrimination in any form and safe from Sexual Misconduct.  This policy outlines North Central University’s community expectations to ensure a campus free from Sexual Misconduct, the steps for recourse for those individuals who have been subject to Sexual Misconduct, and the procedures for determining whether a violation of University policy has occurred.

The purposes of this policy include:

1. Prohibiting all forms of Sexual Misconduct
2. Creating a work and educational environment that is free from Sexual Misconduct
3. Encouraging reports and complaints when Sexual Misconduct has occurred
4. Providing procedures for NCU’s Sexual Misconduct complaint resolution process

Persons who believe that they have experienced Sexual Misconduct or have witnessed Sexual Misconduct of or by another community member are encouraged to bring the conduct to the attention of appropriate individuals so that North Central University can take prompt corrective action.

North Central University is committed to maintaining a Christ-centered community, free of all forms of unlawful harassment and discrimination. This policy applies to the following forms of sex discrimination, which are referred to collectively as “Sexual Misconduct”: Title IX Sexual Harassment, non-Title IX Sexual Harassment, Sexual Assault, Domestic Violence, Dating Violence, Stalking, and Sexual Exploitation, as those terms are defined below.  NCU prohibits Sexual Misconduct.

North Central University is a Christ-centered institution of higher education.  All members of the NCU community are encouraged to live God-honoring, Christ-imitating, Spirit-guided lives; and all members of the community are expected to embrace NCU’s community standards.  The University expects all members of the community to refrain from any form of sexual immorality including, but not limited to, any form of extramarital sexual activity.  While some portions of this policy may address intimate or sexual activities outside of marriage, such discussions should not be seen as condoning these actions.  At the same time, an individual’s engagement in intimate or sexual activities outside of marriage does not excuse Sexual Misconduct carried out against that individual.  The University is committed to protecting the members of its community against sexual and other forms of relationship-related violence and misconduct—regardless of the context in which it arises.

II. Notice of Nondiscrimination

In accordance with applicable federal and state laws, such as Titles VI and VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, the Age Discrimination in Employment Act, and the Americans with Disabilities Act and ADA Amendments, North Central University does not unlawfully discriminate on the basis of sex, race, color, national origin, age, religion, disability, marital status, genetic information, veteran status, or any other protected status under federal, state, or local law applicable to the University, in its education programs and activities, in its admissions policies in employment policies and practices, and all other areas of the University.   As a faith-based institution, the University is exempted from certain laws and regulations concerning discrimination. The University maintains the right, with regard to admissions, enrollment, employment, and other matters, to uphold and apply its religious beliefs related to, among other issues, marriage, sex (gender), gender identity, sexual orientation, and sexual activity.

Sex discrimination is prohibited by Title IX of the Education Amendments of 1972, a federal law that provides that: “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”  The University is required by Title IX and its regulations not to engage in sex discrimination in its education program or activity, including admissions and employment.  Sex discrimination is conduct based upon an individual’s sex that excludes an individual from participation in, denies the individual the benefits of, or treats the individual differently, in the education program or activity.  Sexual harassment is a form of sex discrimination.  In accordance with Title IX and its regulations, this policy addresses the University’s prohibition of the following forms of sex discrimination: Title IX Sexual Harassment, non-Title IX Sexual Harassment, Sexual Assault, Domestic Violence, Dating Violence, Stalking, and Sexual Exploitation.

The University will not tolerate Sexual Misconduct in any form. The University will promptly and equitably respond to all reports of Sexual Misconduct in order to take steps to eliminate the misconduct, prevent its recurrence, and address its effects on any individual or the community.

Inquiries or complaints about Title IX, sex discrimination, sexual harassment, or other forms of Sexual Misconduct may be directed to the University’s Title IX Coordinator:

• Stephanie Crosby

titleix@northcentral.edu

612-343-4412

Office #147b, First floor of Miller Hall

Inquiries or complaints may also be referred to the U.S. Department of Education’s Office for Civil Rights:

The Office for Civil Rights
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202-1100
Telephone: 800-421-3481
Facsimile: 202-453-6012
TDD#: 800-877-8339
Email: OCR@ed.gov
Website

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III. Scope of the Policy

This policy applies to all North Central University community members, including on campus and online students, employees, faculty, administrators, staff, applicants for admission or employment, and other individuals or entities, such as visitors, volunteers, vendors, consultants, third parties, or any individuals or entities that interact with a member or members of the University’s community or have any official capacity with North Central University or on University property.  All University community members are required to comply with the provisions of this policy.

This policy applies to Sexual Misconduct committed by or against a University community member that:

• occurs on campus or North Central University property;
• occurs at University-sponsored events or programs that take place off campus, such as study abroad and internships;
• occurs off campus and outside the context of a University-sponsored event or program, but that the University determines may (i) have continuing adverse effects on campus, University property, or in a University program or activity, (ii) substantially and unreasonably interfere with a community member’s employment, education, or environment on campus, University property, or in a University program or activity, or (iii) create a hostile environment for community members on campus, University property, or in a University program or activity.

This Policy applies to Sexual Misconduct within the scope of Title IX, as well as Sexual Misconduct committed by or against a University community member that does not fall within the scope of Title IX.  More information about what Sexual Misconduct falls within the scope of Title IX is provided in the section V. Prohibited Conduct below and more information about the process applicable to different types of Sexual Misconduct is provided in the section X. General Provisions for Complaint Resolution Process below.

This Policy applies regardless of the sexual orientation or gender identity of any of the parties.  Although the University maintains its rights to uphold and apply its religious beliefs with regard to sexual orientation and gender identity, the University has no tolerance for any form of Sexual Misconduct committed against any individual, regardless of the individual’s sexual orientation or gender identity. Individuals are strongly encouraged to report all incidents of Sexual Misconduct, including Title IX Sexual Harassment, non-Title IX Sexual Harassment, Sexual Assault, Domestic Violence, Dating Violence, Stalking, and Sexual Exploitation, even when the individual has a concern that they have engaged in conduct that may violate provisions of the University’s policies related to sexual activity.

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IV. Definition

1. Complainant

Complainant refers to an individual who is alleged to be the victim of conduct that could violate this Policy.

2. Respondent

Respondent refers to an individual who has been reported to be the perpetrator of conduct that could constitute a violation of this Policy.

3. Report

A report is an account of the Sexual Misconduct that has allegedly occurred that has been provided to the University by the complainant, a third party, or an anonymous source.

4. Formal Complaint

The formal complaint is a document filed by a complainant or signed by the Title IX Coordinator alleging a violation of this Policy and requesting that the University investigate the allegation of the Policy violation.  A formal complaint begins the complaint resolution process as set forth in section X. General Provisions for Complaint Resolution Process below.

5. Title IX Coordinator

The designated staff member of the University with primary responsibility for coordinating Title IX compliance efforts, and who generally oversees the complaint resolution process, documents the findings and decisions, and maintains official records. For more information regarding the Title IX Coordinator’s role, see section VI. Title IX Coordinator and Title IX Team below.

6. Sexual Misconduct

As used in this Policy, Sexual Misconduct means the following forms of sex discrimination and other misconduct: Title IX Sexual Harassment, non-Title IX Sexual Harassment, Sexual Assault, Domestic Violence, Dating Violence, Stalking, and Sexual Exploitation, as each of those terms is defined below. Some instances of Dating Violence, Domestic Violence, and Stalking may not be sexual in nature.  For purposes of this policy, the term “Sexual Misconduct” encompasses all instances of Dating Violence, Domestic Violence, and Stalking (as those terms are defined in this policy), regardless of whether there is a sexual component to the behavior.

IV. Prohibited Conduct

The University prohibits the following forms of Sexual Misconduct: Title IX Sexual Harassment, Non-Title IX Sexual Harassment, Sexual Exploitation, Sexual Assault, Domestic Violence, Dating Violence, and Stalking, as each term is defined below.  Aiding others in acts of Sexual Misconduct also violates this Policy.  North Central University also prohibits conduct prohibited by law.

A. Title IX Sexual Harassment

As used in this Policy, Title IX Sexual Harassment includes conduct on the basis of sex that satisfies one or more of the following definitions, when the conduct occurs (1) in the University’s education program or activity and (2) against a person in the United States.

1. Title IX Quid Pro Quo Harassment:

Title IX Quid Pro Quo Harassment occurs when an employee of the University, including a student-employee, conditions the provision of an aid, benefit, or service of the University on an individual’s participation in unwelcome sexual conduct.  Such unwelcome sexual conduct could include, but is not limited to, sexual advances, requests for sexual favors, sexually motivated physical contact or other verbal, nonverbal, or physical conduct or communication of a sexual nature.

2. Title IX Hostile Environment Harassment:

Title IX Hostile Environment Harassment is unwelcome conduct on the basis of sex determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the University’s education program or activity.

For the purposes of the definition of Title IX Hostile Environment Harassment, reasonable person means a reasonable person in the shoes of the complainant, considering the ages, abilities, and relative positions of authority of the individuals involved in an incident.

Multiple instances of the following conduct, or other unwelcome conduct on the basis of sex, may constitute Title IX Hostile Environment:

1. unwelcome sexual flirtations, attention, advances, or propositions;
2. requests for sexual favors;
3. punishing or threatening to punish a refusal to comply with a sexual-based request;
4. offering a benefit (such as a grade, promotion, or athletic participation) in exchange for sexual favors or other verbal or physical conduct of a sexual nature;
5. verbal abuse of a sexual nature or obscene language or slurs;
6. jokes and comments of a sexual nature;
7. verbal commentary about an individual’s body, sexual innuendo, or suggestive commentary about a person’s clothing and appearance;
8. displaying derogatory or sexually suggestive pictures or other objects in an office, in a residence hall, or on a computer monitor;
9. visual conduct such as leering or making gestures;
10. unwelcome kissing;
11. unwelcome touching of a sexual nature such a patting, pinching, or brushing against another’s body;
12. gossip about sexual relations; and
13. cyber or electronic harassment of a sexual nature.

The circumstances that may be considered when determining whether conduct was so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the University’s education program or activity include, but are not limited to:

1. the frequency of the conduct;
2. the nature and severity of the conduct;
3. whether the conduct was physically threatening;
4. the effect of the conduct on the victim’s mental or emotional state;
5. whether the conduct was directed at more than one person;
6. whether the conduct arose in the context of other discriminatory conduct;
7. whether the conduct was merely a discourteous, rude, or insensitive statement;
8. whether the speech or conduct deserves the protection of academic freedom.

3. Sexual Assault, Domestic Violence, Dating Violence, and Stalking,

as those terms are defined below (when such conduct occurs (1) in the University’s education program or activity and (2) against a person in the United States).

Unwelcome Conduct

For the purposes of the Title IX Sexual Harassment definition, conduct is unwelcome when the individual did not request or invite and regarded it as undesirable or offensive.  The fact that an individual may have accepted the conduct does not mean that he or she welcomed it.  On the other hand, if an individual actively participates in conduct and gives no indication that he or she objects, then the evidence generally will not support a conclusion that the conduct was unwelcome.  That a person welcomes some conduct does not necessarily mean that person welcomes other conduct.  Similarly, that a person willingly participates in conduct on one occasion does not necessarily mean that the same conduct is welcome on a subsequent occasion.  Whether conduct was unwelcome may be determined based on the context and circumstances of the encounter or incident.

Education Program or Activity

At a minimum, the University’s education program or activity includes all of the operations of the University, including (1) locations on campus or otherwise owned or controlled by the University, (2) locations, events, or circumstances over which the University exercised substantial control over both the respondent and the context in which the alleged Sexual Misconduct occurred, and (3) any building owned or controlled by a student organization that is officially recognized by the University.  Whether alleged conduct occurred in the University’s education program or activity is a fact specific analysis.

B. Non-Title IX Sexual Harassment

While Title IX requires that the alleged conduct meet a certain threshold before it is considered Title IX Sexual Harassment, the University also prohibits unwelcome conduct of a sexual nature or based on sex (1) that may not rise to the level of Title IX Sexual Harassment (as defined above), (2) that did not occur in the University’s education program or activity, but may nevertheless cause or threaten to cause an unacceptable disruption at the University or interfere with an individual’s right to a non-discriminatory educational or work environment, or (3) that did not occur against a person in the United States.

As used in this Policy, Non-Title IX Sexual Harassment is unwelcome conduct of a sexual nature or based on sex, including sexual advances, requests for sexual favors, sexually motivated physical contact or other verbal, nonverbal, or physical conduct or communication of a sexual nature when:

1. submission to or rejection of that conduct or communication is made a term or condition, either explicitly or implicitly, of an individual’s educational experience or employment; [i.e. Quid Pro Quo]
2. submission to or rejection of that conduct or communication is used as the basis for an educational program decision or employment decision affecting that individual; [i.e. Quid Pro Quo] or
3. that conduct or communication has the purpose or effect of substantially and unreasonably interfering with an individual’s employment or education or creating an intimidating, hostile, or offensive employment or educational environment. [i.e. Hostile Environment]

Examples of non-Title IX Hostile Environment Harassment may include the same type of conduct listed above for Title IX Hostile Environment Harassment, when such conduct (1) does not rise to the level of being so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the University’s education program or activity; (2) does not occur in the University’s education program or activity; or (3) does not occur against a person in the United States.

For the purposes of the Non-Title IX Sexual Harassment definition, conduct is unwelcome when the individual did not request or invite it and regarded the conduct as undesirable or offensive. The fact that an individual may have accepted the conduct does not mean that he or she welcomed it. On the other hand, if an individual actively participates in conduct and gives no indication that he or she objects, then the evidence generally will not support a conclusion that the conduct was unwelcome. That a person welcomes some conduct does not necessarily mean that person welcomes other conduct or sexual contact. Similarly, that a person willingly participates in conduct on one occasion does not necessarily mean that the same conduct is welcome on a subsequent occasion. Whether conduct was unwelcome may be determined based on the context and circumstances of the encounter or incident.

Non-Title IX Sexual Harassment does not include conduct covered under the definition of Title IX Sexual Harassment.

C. Sexual Exploitation

Sexual Exploitation occurs when a person takes sexual advantage of another for his/her own advantage or benefit or to benefit or advantage anyone other than the one being exploited without that person’s consent.  Examples of Sexual Exploitation include, but are not limited to:

1. intentional and repeated invasion of sexual privacy (e.g., walking into the other person’s room or private space);
2. prostituting another person;
3. video- or audio‐taping of sexual activity or body parts without consent;
4. any distribution of sexually explicit photos or videos without consent, including posting sexually explicit photos or videos in public or on social media sites;
5. intentional removal or attempted removal of clothing that exposes an individual’s bra, underwear, breast, inner thigh, buttocks, genitals and/or groin area, or that is otherwise sexual in nature, without consent;
6. engaging in voyeurism (e.g. viewing or permitting someone else to view another’s sexual activity or intimate body parts, in a place where that person would have a reasonable expectation of privacy, without consent);
7. exposing one’s genitals or breasts or coercing another to expose their genitals or breasts, without consent;
8. knowingly transmitting a sexually transmitted disease or sexually transmitted infection to another person;
9. Ejaculating on another person without consent;
10. distributing or displaying pornography to another without that individual’s consent.

Sexual Exploitation does not include conduct covered under the definition of Title IX Sexual Harassment.

D. Sexual Assault

Sexual Assault is any actual or attempted sexual contact, including contact with an object, with another person without that person’s consent, including instances where the person is incapable of giving consent.  As used in this policy, sexual contact includes intentional contact by the accused with the victim’s genital area, groin, inner thigh, buttocks, or breasts, whether clothed or unclothed; touching another with any of these body parts, whether clothed or unclothed; coerced touching by the victim of another’s genital area, groin, inner thigh, buttocks, or breasts, whether clothed or unclothed; or forcing another to touch him/herself with or on any of these body parts.  Sexual Assault includes but is not limited to an offense that meets any of the following definitions:

Rape

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

Fondling

The touching of the private body parts (including the genital area, groin, inner thigh, buttocks, or breast) of another person for the purpose of sexual gratification, without the consent of the victim.

Incest

Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.

Statutory Rape

Sexual intercourse with a person who is under the statutory age of consent; in Minnesota the age of consent is 16.

1. Consent

“Consent” means words or overt actions by a person clearly communicating a freely given present agreement to perform a particular sexual act.  Words or overt actions clearly communicate consent when a reasonable person in the circumstances would believe those words or actions indicated a willingness to participate in a mutually agreed-upon sexual activity.  Although consent does not need to be verbal, verbal communication is the most reliable form of asking for and obtaining consent.  It is the responsibility of the person initiating the specific sexual activity to obtain consent for that activity.

The conditions of obtaining consent are subject to the following:

1. Consent to one form of sexual activity cannot, by itself, constitute consent to other forms of sexual activity.
2. Consent can be withdrawn at any time. When consent is withdrawn, the sexual activity for which consent was initially provided must stop.
3. Consent is active, not passive. Silence or the absence of resistance or saying “no,” in and of themselves, cannot be interpreted as consent.
4. Whether an individual actively and willingly participates in conduct may be a factor in determining whether there was consent.
5. Previous relationships or previous consent do not, by themselves, constitute consent to future sexual acts. In cases of prior relationships, the manner and nature of prior communications between the parties and the context of the relationship may be factors in determining whether there was consent.
6. An existing sexual, romantic, or marital relationship does not, by itself, constitute consent.
7. Prior sexual activity with other individuals does not imply consent.
8. Consent cannot be obtained, explicitly or implicitly, by use of force, intimidation, threats, or coercion as defined by this policy.
9. Explicit consent to protected sexual contact does not constitute consent to unprotected sexual contact.  Where a party makes a representation that protection is or will be used, the other party’s consent to the sexual contact generally will be interpreted as conditioned on that use of protection.  If protection is removed during sexual contact, it is the responsibility of the person removing protection to obtain consent to the unprotected sexual contact.
10. A person who is known to be or should be known to be incapacitated as defined by this policy cannot consent to a sexual act initiated by another individual.
11. Use of alcohol or other drugs will never function to excuse behavior that violates this policy.
12. Consent can only be given if one is of legal age. In Minnesota, the legal age of consent is 16 years old.
13. Corroboration of the victim’s testimony is not required to show lack of consent.

2. Coercion

Coercion refers to conduct or intimidation that would compel an individual to do something against their will by: (1) the use of physical force, (2) threats of severely damaging consequences, or (3) pressure that would cause a reasonable person to fear severely damaging consequences. Coercion is more than an effort to persuade or attract another person to engage in sexual activity. Coercive behavior differs from seductive behavior based on the degree and type of pressure someone used to obtain consent from another.

3. Incapacitated

“Incapacitated” means the physical and/or mental inability to understand the fact, nature, or extent of the sexual situation. Incapacitation may result from mental or physical disability, sleep, unconsciousness, involuntary physical restraint, or from the influence of drugs or alcohol. With respect to incapacitation due to alcohol or other drug ingestion, incapacitation requires more than being under the influence of alcohol or other drugs; a person is not incapacitated just because they have been drinking or using other drugs. Incapacitation is determined based on the facts and circumstances of the particular situation, looking at whether the individual was able to understand the fact, nature, or extent of the sexual situation; whether the individual was able to communicate decisions regarding consent, nonconsent, or the withdrawal of consent; and whether such condition was known or reasonably known to the accused or a reasonable sober person in the accused’s position. Use of drugs or alcohol by the accused is not a defense against allegations of Sexual Misconduct.

E. Domestic Violence

Domestic Violence is a felony or misdemeanor crime of violence committed by:

1. a current or former spouse or intimate partner of the victim;
2. a person with whom the victim shares a child in common;
3. a person who is cohabitating with, or has cohabited with, the victim as a spouse or intimate partner;
4. a person similarly situated to a spouse of the victim under the domestic or family violence laws of Minnesota (or, if the crime occurred outside of Minnesota, the jurisdiction in which the crime of violence occurred); or
5. any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of Minnesota (or, if the crime occurred outside of Minnesota, the jurisdiction in which the crime of violence occurred). In addition to the relationships described above, Minnesota law defines Domestic Violence to include violence committed between parents and children, blood relatives, persons who are presently residing together or who have resided together in the past, persons who have a child together, persons involved in a significant romantic relationship, and a man and a woman, if the woman is pregnant and the man is alleged to be the father.

While not exhaustive, the following are examples of conduct that can constitute Domestic Violence:

1. physical harm, bodily injury, or assault;
2. the infliction of fear of imminent physical harm, bodily injury, or assault;
3. terroristic threats, criminal sexual conduct, or interference with an emergency call.

F. Dating Violence

Dating Violence is violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship shall be determined with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. For the purposes of this definition Dating Violence includes, but is not limited to, sexual or physical abuse, such as Sexual Assault, physical harm, bodily injury, or criminal assault, or the threat of such abuse.  Dating Violence does not include acts covered under the definition of Domestic Violence.

G. Stalking

Stalking is engaging in a course of conduct directed at a specific person that would cause a reasonable person (1) to fear for her or his safety or the safety of others, or (2) to suffer substantial emotional distress.

1. Course of conduct means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through another person, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property.
2. Reasonable person means a reasonable person under similar circumstances and with similar identities to the victim.
3. Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.

Stalking behavior includes, but is not limited to:

1. repeated, unwanted, and intrusive communications by phone, mail, email, texting, and/or other electronic communications, including social media;
2. repeatedly leaving or sending the victim unwanted items, presents, or flowers;
3. following or lying in wait for the victim at places such as home, school, work, or recreational facilities;
4. making direct or indirect threats to harm the victim, or the victim’s children, relatives, friends, or pets;
5. damaging or threatening to damage the victim’s property;
6. repeatedly posting information or spreading rumors about the victim on the internet, in a public place, or by word of mouth, that would cause a person to feel threatened or intimidated.

H. Retaliation or Interference with Process

Retaliation and Interference with Process is any act of intimidation, threat, coercion, or discrimination or any other adverse action or threat thereof against any individual for the purpose of interfering with any right or privilege secured by Title IX, its regulations, or this Policy or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under this Policy. Encouraging or assisting others to engage in retaliation or to interfere with the process are also considered Retaliation/Interference with Process and violate this Policy.  While the University does not prohibit the parties from discussing the allegations in a formal complaint, acts that could constitute Retaliation and Interference with Process may include, but are not limited to: acts or comments that are intended to discourage a person from engaging in activity protected under this Policy or that would discourage a reasonable person from engaging in activity protected under this Policy; acts or comments that are intended to influence whether someone participates in the complaint resolution process, including the live hearing; acts or comments intended to embarrass the individual; adverse changes in employment status or opportunities; adverse academic action; and adverse changes to academic, educational, and extra-curricular opportunities.  Retaliation and Interference with Process may be in person, through social media, email, text, and other forms of communication, representatives, or any other person.  Retaliation and Interference with Process may be present against a person even when the person’s allegations of Sexual Misconduct are unsubstantiated.

The University is committed to protecting the rights of the complainant, the respondent, and anyone else involved in the complaint process.  Any conduct constituting Retaliation or Interference with Process is a violation of this Policy, which is subject to disciplinary action up to and including termination of employment or expulsion. Concerned individuals should report acts of retaliation to the Title IX Coordinator.  For more information, see section XIII. Complaints of Related Misconduct below.

V. Title IX Coordinator and Title IX Team

• Jan Serumgard
  • Title IX Coordinator
  • Office Number: 612.343.4442
  • Office Location: Miller Hall 146
  • Email: titleix@northcentral.edu

The Title IX Coordinator is a University official who has been appointed to address issues of Sexual Misconduct within the campus community. The Title IX Coordinator is responsible for coordinating and overseeing the University’s efforts to end Sexual Misconduct, prevent its recurrence, and address its effects within the community. The Title IX Coordinator oversees and monitors the University’s overall compliance with Title IX related policies and developments; the implementation and oversight of complaint resolution processes, including review, investigation, and resolution of complaints of Sexual Misconduct; and the provision of educational materials and training for the campus community.

Responsibilities of the Title IX Coordinator include:

1. ensuring University policies and procedures and relevant state and federal laws are followed;
2. informing any individual impacted by an allegation of Sexual Misconduct, including a complainant, a respondent or another individual, about the procedural options and processes used by the University and resources available at the University and in the community;
3. training and assisting University employees regarding how to respond appropriately to a report of sex discrimination or Sexual Misconduct;
4. monitoring full compliance with all procedural requirements and time frames outlined in this Policy;
5. evaluating allegations of bias or conflict of interest relating to procedures outlined in the Policy;
6. determining whether grounds for appeal under this Policy have been stated in submitted appeals;
7. ensuring that appropriate training, prevention and education efforts, and periodic reviews of the University’s climate and culture take place;
8. coordinating the University’s efforts to identify and address any patterns or systemic problems revealed by reports and complaints;
9. assisting in answering any other questions related to this Policy;
10. record keeping of all incidents reported to the Title IX Coordinator;
11. coordination with Director of Campus Safety concerning Clery Act compliance;
12. complying with written notice requirements of the Violence Against Women Act.

The Title IX Coordinator may appoint a designee to fulfill the functions of the Coordinator under this Policy.  When this Policy refers to actions of the Title IX Coordinator, these actions may be fulfilled by the Title IX Coordinator or the Title IX Coordinator’s designee.

The University’s Title IX Team includes the Title IX Coordinator, as well as appointed, trained staff and faculty designees (including but not limited to the Deans of the Colleges) who have a shared responsibility for consulting with and supporting the Title IX Coordinator and may serve as the Coordinator’s designee. Members of the team may also be called upon to investigate or adjudicate formal complaints of Sexual Misconduct; decide appeals; and/or facilitate informal resolutions to formal complaints.

VI. Confidentiality

The University encourages individuals who believe they have experienced Sexual Misconduct to talk to someone about what happened.  Different people on campus have different legal reporting responsibilities, and different abilities to maintain confidentiality, depending on their roles at the University.  Some individuals and campus resources can offer confidentiality while others have specific obligations to respond when they receive a report of a crime or a campus policy violation.

In making a decision about whom to contact for support and information, it is important to understand that most North Central University employees are not confidential resources, and are therefore obligated to report to the University any information they receive about Sexual Misconduct. Individuals who have experienced Sexual Misconduct are encouraged to consider the following sections regarding confidential and non-confidential communications in choosing whom to contact for information and support, and are encouraged to ask about a person’s ability to maintain confidentiality before offering any information about alleged incidents.

A. Confidential Communications and Confidential Resources

Confidential communications are those communications which cannot be disclosed to another person, without the reporter’s consent, except under very limited circumstances, such as allegations involving physical or sexual abuse of a minor or vulnerable adult, or allegations involving an imminent threat to the life of any person.

North Central University recognizes some individuals may want to keep their concerns confidential. Individuals who desire to keep a conversation related to Sexual Misconduct confidential should speak with a medical professional, a professional counselor, trained victims’ advocate, or a minister or other pastoral counselor.  Confidential resources provided by North Central University are those persons who are licensed counselors or a licensed/ordained pastor listed below:

 Campus Pastor

• Joshua Edmon
• 612-343-4786
• jaedmon@northcentral.edu
• Joshua Edmon- Joshua also serves as our Dean of Multicultural Engagement, so you should be clear with him when you make an appointment if you are seeking a pastoral confidential resource.

Associate Dean of Discipleship and Residence Life

• Jonathan Thomas
• 612-343-4177
• jethomas@northcentral.edu

Student Success Center Counselors:

• Krista O’Connor
• Other licensed counselors
  • Office Number: 612.343.5000

• • Office Location: Miller Hall 227
  • General Email: scc@northcentral.edu

 The following resources are available off-campus to individuals who wish to speak with a confidential resources:

• RAINN (Rape, Abuse, and Incest National Network):
  • 24/7 Phone Number: 1.800.656.4673
  • Website
  • Online Chat

 Sexual Violence Center

• • 24/7 Crisis Line: 612.871.5111 or 952.448.5425
  • Address: 2021 East Hennepin Ave., Suite 418, Minneapolis, MN 55413
  • Website

A person who speaks to a confidential resource should understand that, if the person does not report the concern to a non-confidential resource at the University, the University will be unable to provide certain supportive/interim measures that would require involvement from the University (such as issuing a no-contact order), conduct an investigation into the particular incident, or pursue disciplinary action. Individuals who first speak with a confidential resource may later decide to file a formal complaint with the University or report the incident to local law enforcement.

B. Non-Confidential Communications

Non-confidential communications are those communications with any North Central University employee who is not a confidential resource as identified above. Only confidential resources can promise confidentiality. All other University employees who become aware of incidents or allegations of Sexual Misconduct must report the matter to the Title IX Coordinator. University employees who are not confidential resources will strive to remind an individual of their reporting obligations before the individual has disclosed information that requires reporting to the Title IX Coordinator.

Although most University employees cannot promise confidentiality, the University is committed to protecting the privacy of all individuals involved in a report of Sexual Misconduct and will share information with other University employees only on a need to know basis, as permitted by law. The University will keep confidential the identity of any individual who has made a report or filed a formal complaint alleging a violation of this Policy, as well as any complainant, respondent, and witness, except as permitted by law or to carry out the complaint resolution process pursuant to this Policy.

The University will protect the privacy of the individuals involved in a report of Sexual Misconduct to the extent possible consistent with the University’s legal obligations, even if the individual does not specifically request privacy. However, the University may be required to share information with individuals or organizations outside the University under reporting or other obligations under federal and state law, such as reporting of Clery Act crime statistics and mandatory reporting of child abuse and neglect.  In addition, if there is a criminal investigation or civil lawsuit related to the alleged misconduct, the University may be subject to a subpoena or court order requiring the University to disclose information to law enforcement and/or the parties to a lawsuit.  In these cases, personally identifying information will not be reported to the extent allowed by law and, if reported, affected students will be notified consistent with the University’s responsibilities under FERPA, as allowed by law. Except for the reasons described above, the allegations will not be shared with law enforcement without the consent of the individual who has alleged the Sexual Misconduct.

C. Requests for Confidentiality or Non-Action

When the University receives a report of Sexual Misconduct, it has a legal obligation to respond in a timely and appropriate manner.  Reporting an incident to the University does not initiate the complaint resolution process or involve law enforcement.  However, the University may determine that it has a responsibility to move forward with the complaint resolution process (even without the participation of the complainant).

If a complainant requests that their identity not be shared or that no action be taken, the Title IX Coordinator will weigh the request against the seriousness of the alleged misconduct, the institution’s obligation to maintain a safe and nondiscriminatory learning environment for its students, the respective ages and roles of the complainant and respondent, whether there have been other complaints or reports of harassment or misconduct against the respondent, whether the respondent has a history of arrests or records from a prior school indicating a history of Sexual Misconduct, whether the respondent threatened further Sexual Misconduct or violence against the complainant or others, whether the alleged misconduct was committed by multiple individuals, whether the alleged misconduct was perpetrated with a weapon, whether the University possesses other means to obtain relevant evidence of the Sexual Misconduct (e.g., security footage, eyewitness, physical evidence), whether the report reveals a patterns of perpetration (e.g., via illicit use of drugs or alcohol, at a given location or by a particular group), and the extent of any threat to the University community.

The University will take all reasonable steps to respond to the report while honoring requests for confidentiality or requests for no-action made by the complainant.  The scope of the University’s response, however, may be impacted or limited by the request.  Such a request will likely prevent the University from investigating an incident or pursuing disciplinary action against the respondent.  The University will strive to accommodate requests for confidentiality or no-action to the extent permitted by law.  There may be times, however, when the University is unable to honor a request for confidentiality or non-action.  The presence of one or more of the factors above could lead the University to initiate the complaint resolution process.  If the Title IX Coordinator determines that the University cannot maintain a request for confidentiality or non-action, the Title IX Coordinator will inform the complainant.  In such cases, the Title IX Coordinator may inform the respondent that the complainant asked the University not to investigate, but the University decided to move forward.  A complainant can choose not to participate in a complaint resolution process.  When the University moves forward with a complaint resolution process without the participation of the complainant, the complainant will have the same rights provided to a complainant under this Policy, even if the complainant did not sign the formal complaint.

D. Statistical Reporting and Clery Act Timely Warning

The Title IX Coordinator has a responsibility under the Jeanne Clery Act to provide statistics to the Director of Campus Safety for the Annual Security Report. To ensure that personally identifying information will not be included in publicly available record keeping, including the Annual Security Report, Daily Crime Log, or timely warnings, the Title IX Coordinator describes the alleged incidents by removing the complainant’s and respondent’s names and any other identifiers that would enable the public to identify the complainant or respondent in the context of the incident report.

1. Annual Security Report

Under the Jeanne Clery Act, North Central University is mandated to report statistics on Domestic Violence, Dating Violence, Sexual Assault, and Stalking in the Annual Security Report.

2. Daily Crime Log

If a crime, including Domestic Violence, Dating Violence, Sexual Assault, and Stalking, is reported to Campus Safety, the reported crime is required by the Clery Act to be placed in the Daily Crime Log.

3.Timely Warning Issuance

The Office of Campus Safety may be required to issue a Timely Warning if a serious or ongoing threat to the community exists. The timely warning may include that an incident has been reported, general information surrounding the incident, and how incidents of a similar nature might be prevented in the future.

4. Minnesota Law

Minnesota law, Minn. Stat. 135A.15, requires institutions to collect statistics, without inclusion of any personally identifying information, regarding the number of reports of Sexual Assault received by an institution and the number of types of resolutions. Data collected for purposes of submitting annual reports containing those statistics to the Minnesota Office of Higher Education under Minn. Stat. 135A.15 shall only be disclosed to the complainant, persons whose work assignments reasonably require access, and, at the complainant’s request, police conducting a criminal investigation. Nothing in this paragraph is intended to conflict with or limits the authority of the University to comply with other applicable state or federal laws.

VIII. Immediate Action Following an Incident of Sexual Assault or Other Sexual Misconduct

The University will support any person adversely impacted by Sexual Misconduct. Both the University and the community provide a variety of resources to assist and support individuals who have experienced Sexual Misconduct or are affected by allegations of Sexual Misconduct.  These resources, both immediate and ongoing, are available to all persons irrespective of their decision to report to the Title IX Coordinator or to law enforcement.

Support services that may be available include, but are not limited to, connecting the individual with appropriate, fair and respectful on-campus and off-campus counseling, health, mental health, victim advocacy, legal assistance, visa and immigration assistance, student financial aid, and support services; making changes to academic, living, transportation, and/or working arrangements; assistance in filing a criminal complaint; and providing information about ongoing orders of protection and other available protections and services.  Additional information about ongoing assistance is in the section X(H) Supportive/Interim Measures below.  To receive information about obtaining support services, individuals should contact the Title IX Coordinator or a confidential resource.  The University will provide written notification to affected individuals about existing counseling, health, mental health, victim advocacy, legal assistance, visa and immigration assistance, student financial aid, and other services available for victims, both within the University and in the community.

In addition, a complete description of and contact information for the University’s and community’s resources, both confidential and non-confidential, and additional information regarding what individuals can do if they experience Sexual Misconduct is provided in the Response to Sexual Assault and Resources section in Appendix A of this policy and on the University’s website.  Emergency numbers and information about health care options are also listed in the Response to Sexual Assault and Resources section in Appendix A of this Policy and on the University’s website.  Individuals who believe they have been subjected to any form of Sexual Misconduct are encouraged to seek support from these resources.

IX. Reporting Policies and Protocols

A. Reporting to North Central University

The University encourages anyone who has experienced Sexual Misconduct or who has knowledge about an incident of Sexual Misconduct to report the incident to the University.  An individual may provide a report to the University by contacting any of the following:

• Stephanie Crosby
  • Office Number: 612-343-4412
  • Office Location: Miller Hall Room 147b
  • Email: titleix@northcentral.edu
• Office of Campus Security and Safety
  • Phone Number: 612.343.4445

Reports can be made by telephone, mail, email, in person and online on the University website.  Reports may be made at any time, including non-business hours by phone, email, mail, or the University’s website.  As discussed below, individuals have the option of making an anonymous report using the University’s website.  Reports to the University should include as much information as possible, including the names of the complainant, respondent, and other involved individuals, and the date, time, place, and circumstances of the incidents, to enable the University to respond appropriately.

Upon receiving a report of Sexual Misconduct, the Title IX Coordinator will promptly contact the complainant to discuss the availability of supportive measures with or without the filing of a formal complaint and to explain the process of filing a formal complaint.  In addition, when a student or employee reports to the University that they have been a victim of alleged Sexual Assault, Domestic Violence, Dating Violence, or Stalking, regardless of location, the University will provide a written explanation of available rights, options, and procedures.

1. Anonymous Reporting

The University accepts anonymous reports of Sexual Misconduct.  Anonymous reports may be filed anonymously using the University’s Online Reporting System. The Title IX – Online Reporting System is available on Skyline > Campus Services > Student Development > Student Resources/Staff Resources. The University will likely be limited in its ability to investigate an anonymous report unless sufficient information is furnished to enable the University to conduct a meaningful investigation.  The individual making the report is encouraged to provide as much detailed information as possible to allow the University to investigate the report and respond as appropriate.

2. Employee Reporting Obligations

Most North Central University employees are not confidential resources. All University employees who are not confidential resources, including faculty (including licensed and ordained faculty), staff, administration, board members, or any personnel at North Central University with the exception of those listed in the section VII(a) Confidential Communications and Confidential Resources above, must report information they receive about possible Sexual Misconduct to the Title IX Coordinator.  Such reports should be made as soon as possible and should include all relevant details needed to assess the situation.  This includes, to the extent known, the names of the complainant, respondent, and other individuals involved in the incident, as well as relevant facts, including the date, time, and location of any incident.  Failure of a University employee who is not a confidential resource to report allegations of Sexual Misconduct to the Title IX Coordinator may result in disciplinary action.

Employees who receive reports of Sexual Misconduct should not attempt to “investigate” the allegation or require the complainant/reporting individual to provide all of the details surrounding the alleged misconduct. To the extent the complainant/reporting individual provides details, that information should be provided to the Title IX Coordinator. Upon receiving a report of alleged or possible Sexual Misconduct, the Title IX Coordinator will evaluate the information received and determine what further actions should be taken, consistent with this Policy.

University employees who are not confidential resources and receive a report of Sexual Misconduct should bring the report directly to the Title IX Coordinator and should not share information about the report with any other individual.  If the employee is uncertain whether the information should be reported to the Title IX Coordinator, the employee should seek guidance from the Title IX Coordinator before providing the Title IX Coordinator with any identifiable information regarding the report.

B. Reporting to Law Enforcement

Some of the conduct prohibited by this policy are also crimes.  An individual who believes he or she has been subjected to Sexual Assault, Dating Violence, Domestic Violence, Stalking, or other criminal conduct prohibited by this policy is strongly encouraged to make a report to the police.  Complainants have the right to notify or decline to notify local law enforcement (i.e. the Minneapolis Police Department) and file criminal charges.  North Central University will provide prompt assistance to any complainant who requests help notifying law enforcement. Filing a report with law enforcement is not necessary for North Central University to proceed with a complaint resolution process. North Central University has a formal Memorandum of Understanding with the Minneapolis Police Department to coordinate efforts.

Individuals who would like to report Sexual Misconduct to law enforcement should contact the following:

• 911 (for emergencies)
• Minneapolis Police Department
• 350 South 5th Street, Room 130
• Minneapolis, MN 55415

For online students not based in Minneapolis, the Title IX Coordinator will assist in identifying contact information for local law enforcement upon request.

In reporting to the police, the complainant speaks directly with law enforcement officers regarding the Sexual Misconduct.  The complainant may request a same sex police officer to take the report.  The complainant is also able to have a support person present.  It is important to know that contacting the police and informing them of an incident is different from filing a charge. Reports should be made as soon as possible and are necessary if the complainant chooses to seek criminal prosecution

Minnesota law provides individuals who report crimes to law enforcement with certain rights, including the right to assistance from the Crime Victims Reparations Board.  Pursuant to state law, victims of crime must be informed of their rights under the Crime Victims Bill of Rights. A summary of crime victims’ rights under Minnesota law, as well as links to applicable criminal law definitions, is set forth in Appendix E.  For further information, consult Appendix E and Crime Victim Rights, a publication of the Minnesota Department of Public Safety, or Minnesota Statutes Chapter 611A.

C. Mandatory Reporting of Child Abuse

Minnesota Statute 626.556 requires employees of North Central University who are mandatory reporters to immediately report known or suspected abuse (physical or sexual) or neglect of a minor to local law enforcement or the local welfare agency.  Under Minnesota law, teachers, paraprofessionals, all administration, and support staff in an educational setting are mandatory reporters. See Minnesota Statutes Section 626.556.

In addition, any University employee who knows or suspects the abuse (physical or sexual) or neglect of a minor on campus or in connection with any University event, program, or activity must report it immediately to the Office of Campus Safety and the Title IX Coordinator.

D. Restraining Orders, Orders for Protection, Domestic Abuse No Contact Orders, and No Contact Orders

Individuals who would like to avoid contact with another individual have several options available to them, including seeking a harassment restraining order or protective order from a civil court or requesting a no contact order from the University.

1. Harassment Restraining Orders, Orders for Protection, and Domestic Abuse No Contact Orders

Harassment restraining orders and orders for protection are legal orders issued by a state courts that forbid someone from harassing and/or making contact with another.  A harassment restraining order is a civil court order issued against an alleged harasser, regardless of the relationship between the alleged harasser and the alleged victim, which orders the harasser to stop harassing the victim and/or to have no contact with the victim. An order for protection is a civil court order that may prohibit one family or household member from committing domestic abuse against, living with, or having contact with another family or household member.

The Minnesota Judicial Branch is responsible for the issuance of harassment restraining orders and orders for protection to be enforced by local law enforcement. Petition forms to apply for harassment restraining orders and to seek an order for protection are available at the Hennepin County Courthouse and online.  The Hennepin County Domestic Abuse Service Center (DASC) serves people who are victims of violence caused by a family or household member. This includes anyone who has been the victim of actual or threatened violence by a person with whom they have had a romantic or sexual relationship, or people who have lived together.  At DASC, District Court staff will help individuals complete the paperwork requesting a temporary Order for Protection (OFP).  In addition, help with filing a harassment restraining order is available from the Self-Help Center.

Domestic Abuse Service Center:

• Hennepin County Government Center: 612.348.5073
  • Address: 300 S. 6th Street, Rm. #A-0650, Minneapolis, MN 55487
  • Website

Self-Help Center:

• Hennepin County Government Center: 612.348.9399
  • Address: 300 S. 6th Street, 2nd Floor, PSL, Minneapolis, MN 55487
  • Website

Domestic abuse no contact orders are legal orders issued by a court against a defendant in a criminal proceeding for domestic abuse, harassment or Stalking of a family or household member, violation of an order for protection, or violation of a prior no contact order. A domestic abuse no contact order may be issued before the end of the criminal case or following a conviction.

An order for protection, harassment restraining order, and/or a domestic abuse no contact order can be enforced by contacting local law enforcement. The University will fully cooperate with any such order issued by a criminal, civil, or tribal court.  For more information and assistance, individuals should contact the Title IX Coordinator.

The University is responsible for honoring requests for information about available options for orders for protection, restraining orders, and no contact orders and will comply with and enforce such orders.  For online students not based in Minneapolis, the Title IX Coordinator will assist upon request in finding information related to harassment restraining orders, orders for protection, and/or domestic abuse no contact orders in the local jurisdiction.

2. University No Contact Orders

No Contact Orders are University-issued orders that prohibit one or both parties from communication or contact with one another.  This may include the complainant, respondent, and third parties. Generally, No Contact Orders issued prior to the conclusion of a complaint resolution process will be mutual.   A No Contact Order is issued by the Title IX Coordinator. It is the responsibility of the individual parties to follow the No Contact Order.  A No Contact Order may include the prohibition of certain activities as well as modifications to group or event activities which occur around campus as well as off campus. This includes prohibiting any or all of the following, among other prohibitions:

• in person contact;
• phone calls or voicemails;
• text messages and other messaging services;
• social media contact;
• emails or written correspondence;
• using a third party to communicate (e.g. mutual friend, etc.);
• attendance at certain campus events (e.g. where one party is required to be present while the other is not required);
• hanging around areas the other party is likely to be (i.e. residence halls, classes, etc.).

When used as a supportive/interim measure prior to the conclusion of a complaint resolution process, a No Contact Order is not an indication of responsibility for a violation of this Policy or other North Central University policy; rather, it is intended to curtail interactions that could be perceived as retaliatory, intimidating, or harassing.  No Contact Orders do not, in and of themselves, become part of the parties’ permanent record.  However, it is very important to understand and abide by stated conditions when a No Contact Order is established. A violation of a No Contact Order may result in disciplinary consequences.

To request a No Contact Order from the University, individuals should contact the Title IX Coordinator.  A University No Contact Order may be enforced by contacting the Office of Campus Safety or the Title IX Coordinator.

E. Amnesty and Waiver of Other Policy Violations

The University recognizes that some victims or witnesses may be hesitant to report incidents of Sexual Misconduct or participate in a Sexual Misconduct complaint resolution process because they fear that they may be accused of other policy violations, including, but not limited to, using alcohol or drugs or engaging in sexual activity. It is in the best interests of our community that Sexual Misconduct is reported. To encourage reporting and promote safety, the University will withhold a disciplinary response for any violation of other University policies in which a person who makes a good faith report of Sexual Misconduct to the Title IX Coordinator or who participates in a complaint resolution process might have engaged in connection with the reported incident, except as outlined in this section. The University may still require the individual to participate in educational or restorative action. In addition, amnesty may not be extended in instances where any other individual is harmed by the conduct constituting a violation of another University policy, where an employee who engaged in a violation of another University policy holds a leadership role on campus, including a leadership role over students or employees, or where an employee is engaged in a violation of another University policy with a student.  In those cases the University may still pursue disciplinary action for the alleged violation of another University policy or policies.

F. Emergency Removal

The University reserves the right to remove a student respondent, in whole or in part, from the University’s education program or activity on an emergency basis.  Prior to removing the student respondent on an emergency basis, the University will undertake an individualized safety and risk analysis and will determine that an immediate threat to the physical health or safety of any student or other individual arising from the allegations of Sexual Misconduct justifies removal.  If a student respondent is removed on an emergency basis, the University will provide the student respondent with notice and an opportunity to challenge the decision immediately following the removal.

G. Administrative Leave

The University reserves the right to place a non-student employee respondent on administrative leave during the pendency of the complaint resolution process.

X. General Provisions for Complaint Resolution Process

When the University receives a formal complaint of an alleged violation of this Policy, the University will promptly and equitably respond to the formal complaint in accordance with the provisions and procedures set forth below. The University will provide a fair and impartial complaint resolution process.  A fair process is one that treats the parties equitably, provides complainant an opportunity to file a formal complaint alleging a violation of this Policy and an opportunity to present evidence of the allegations prior to a decision on responsibility, provides respondent notice of the allegations and an opportunity to respond to and present evidence related to those allegations prior to a decision on responsibility, and provides both parties an opportunity to challenge the credibility of the other party and any witnesses prior to a decision on responsibility.  In cases involving allegations of Sexual Misconduct that is not Title IX Sexual Harassment, the ability to challenge credibility is accomplished through the parties’ ability to suggest questions to be asked of the other party and witnesses during the investigation, through the Written Response Statements in response to the investigation report, and through the Written Rebuttal Statements in response to the other party’s Written Response Statement as discussed in section XI. Complaint Resolution Process below.

Each complaint resolution process will require an objective evaluation of all relevant evidence, including both inculpatory and exculpatory evidence.  Credibility determinations will not be based on a person’s status as a complainant, respondent, or witness. The burden of proof and the burden of gathering evidence sufficient to reach a determination regarding responsibility rest on the University and not on the parties.  The University will not require, allow, rely upon, or otherwise use questions or evidence that constitute, or seek disclosure of, information protected under a legally recognized privilege, unless the person holding such privilege has waived the privilege.  The University will not access, consider, disclose, or otherwise use a party’s records that are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in the professional’s or paraprofessional’s capacity or assisting in that capacity, and which are made and maintained in connection with the provision of treatment to the party, unless the recipient obtains that party’s voluntary, written consent to do so for a complaint resolution process.

This Policy provides different procedures depending on the particular circumstances of a case, including the type of Sexual Misconduct that is alleged.  Upon receiving a formal complaint, the Title IX Coordinator will make a preliminary determination of the procedures that will apply to the complaint resolution process.  The procedures in the formal process for all cases of Sexual Misconduct are the same through the investigation phase.  Prior to providing access to information at the end of the investigation phase, the Title IX Coordinator will make a final determination as to the procedures that will apply to the access to information phase and the adjudication phase.

If a formal complaint includes both an allegation of Title IX Sexual Harassment and an allegation of Sexual Misconduct that does not meet the definition of Title IX Sexual Harassment, the University reserves the right to process the allegations in the same complaint resolution process or to separate the allegations into separate complaint resolution processes.

A. Trained Officials

Each complaint resolution process will be conducted by individuals, including coordinators, investigators, Title IX Hearing Panel members/adjudicators, and any person who facilitates an informal resolution process, who do not have a conflict of interest or bias for or against complainants or respondents generally or for or against the individual complainant or respondent. In addition, those individuals will receive annual training on the definition of Title IX Sexual Harassment; the scope of the University’s education program or activity; how to conduct an investigation and grievance process, including hearings, appeals, and informal resolution processes, as applicable; how to serve impartially, including by avoiding prejudgment of the facts at interest, conflicts of interest, and bias; issues related to sexual harassment, Sexual Assault, Domestic Violence, Dating Violence, Stalking; and how to conduct an investigation and decision-making process that protects the safety of all and promotes accountability.  Investigators will receive training on issues of relevance to create an investigator report that fairly summarizes relevant evidence.  Title IX Hearing Panel members will receive training on any technology to be used at a live hearing and issues of relevance of questions and evidence, including when questions and evidence about the complainant’s sexual predisposition or prior sexual behavior are not relevant.  The training is free of bias such as sex stereotypes or generalizations, promotes impartial investigations and adjudications, and includes the following topics, as applicable: relevant evidence and how it should be used, proper techniques for questioning witnesses, basic rules for conducting proceedings, avoiding actual or perceived conflicts of interest, and the University’s policies and procedures.

B. Equitable Rights for both the Respondent and Complainant

In all Sexual Misconduct complaint resolution processes under this Policy, the complainant and respondent are entitled to:

1. appropriate support from the University;
2. privacy in alignment with this Policy and the law;
3. information about applicable support and resources;
4. information on the policy and processes;
5. the right to participate or decline to participate in the complaint resolution process, with the acknowledgement that not participating, either entirely or in part, may not prevent the process from proceeding with the information available;
6. be free from retaliation as defined in this Policy;
7. notice of the allegations and defenses and an opportunity to respond;
8. written notice of the date, time, location, participants, and purpose of all hearings, investigative interviews, or other meetings at which the party’s participation is invited or expected, with sufficient time for the party to prepare to participate;
9. timely notice of meetings that are part of the complaint resolution process at which the complainant or respondent may be present;
10. equal opportunity to identify relevant witnesses and other evidence and to suggest possible topics to be covered with witnesses during the formal complaint resolution process;
11. periodic updates, and updates upon request, on the status of the complaint resolution process;
12. equitable procedures, including interviews and proceedings that are conducted by individuals who:
    1. do not have a conflict of interest or bias for or against complainants or respondents generally or for or against the complainant or respondent in the complaint resolution process;
    2. receive annual training on as described above; and
    3. treat all parties with dignity, sensitivity, and respect;
13. to not be required to resolve concerns directly with the other party (i.e. mediation, etc.);
14. the right to appeal the decision and/or the sanctions in certain circumstances, as discussed in the Appeal section below;
15. the right to notification, in writing, of the resolution, including the outcome of any appeal;
16. The complainant and respondent have the right to the assistance of campus personnel (during and after the complaint process), in cooperation with the appropriate law enforcement authorities, in shielding the complainant or respondent, at their request, from unwanted contact with the complainant or respondent, including but not limited to a University issued no-contact order, transfer to alternative classes or to alternative University-owned housing (if alternative classes or housing are available and feasible), change in work location or schedule, or reassignment (if available and feasible); and to receive assistance with academic issues;
17. The complainant has the right to decide when to repeat a description of an incident of Sexual Assault, Dating Violence, Domestic Violence, or Stalking, and the respondent has the right to decide when to repeat a description of a defense to such allegations;
18. The complainant and respondent have the right to the complete and prompt assistance of campus authorities, at the direction of law enforcement authorities, in obtaining, securing, and maintaining evidence in connection with a Sexual Assault incident;
19. The complainant and respondent have the right to the assistance of campus authorities in preserving materials relevant to a campus complaint proceeding;
20. The complainant and the respondent have the right to be provided access to their description of the incident, as it was reported to the University, including if the individual transfers to another post-secondary institution, subject to compliance with FERPA, the Clery Act, Title IX, and other federal or state law. Requests for an individual’s description of the incident should be made to the Title IX Coordinator.

In addition, the Title IX Coordinator will ensure both parties receive a written explanation of available resources, and are offered the opportunity to discuss those resources.

C. Additional Rights in Cases Involving Allegations of Title IX Sexual Harassment

In cases involving allegations of Title IX Sexual Harassment the following additional rights will be afforded to the complainant and the respondent:

1. The parties have the right to be accompanied to any complaint resolution process meeting or proceeding by the advisor of their choice, who may be, but is not required to be, an attorney. The University will not limit the choice or presence of advisor for either the complainant or respondent in any meeting related to the complaint resolution process.  See the section X(F) Advisors below for additional information and requirements regarding the conduct of advisors.
2. The parties will be provided an equal opportunity to inspect and review a copy of any evidence obtained as part of the investigation that is directly related to the allegations raised in a formal complaint, as set forth in the section XI(F)(2) Access to Information below.
3. The parties will be provided a copy of the investigation report for their review and written response, as set forth in the section XI(F)(2) Access to Information below.
4. The complaint resolution process will include a live hearing, at which each party’s advisor may ask the other party and any witnesses all relevant questions and follow-up questions, as set forth in the section XI(F)(3)(a) Live Hearing below.

In addition, a complainant who alleges Title IX Sexual Harassment, has the following rights:

1. To be informed by the University of options to notify proper law enforcement authorities of a Sexual Assault, Dating Violence, Domestic Violence, or Stalking incident, and the right to report to law enforcement at any time or to decline to notify such authorities;
2. Not to be questioned or have evidence considered regarding the complainant’s prior sexual conduct with anyone other than the respondent, unless such questions or evidence are to prove that someone other than the respondent committed the alleged Sexual Misconduct;
3. Not to be treated by campus authorities in a manner that suggests that they are at fault for the Sexual Misconduct or that they should have acted in a different manner to avoid the Sexual Misconduct;
4. To the complete and prompt assistance of campus authorities, at the complainant’s request, in notifying the appropriate law enforcement officials and College officials of a Sexual Assault Dating Violence, Domestic Violence, or Stalking incident and filing criminal charges with local law enforcement officials in Sexual Assault, Dating Violence, Domestic Violence, or Stalking cases;
5. To be offered fair and respectful health care, counseling services, or referrals to such services and notice of the availability of campus or local programs providing Sexual Assault advocacy, Dating Violence, Domestic Violence, or Stalking services;
6. To be offered assistance from the Crime Victim Reparations Board and the Commissioner of Public Safety.
7. For students who choose to transfer to another post-secondary institution, at the student’s request, the right to receive information about resources for victims of Sexual Assault, Dating Violence, Domestic Violence, or Stalking at the institution to which the victim is transferring.

D. Additional Rights in Cases Involving Allegations of Sexual Assault, Domestic Violence, Dating Violence, and Stalking Occurring Outside of the Education Program or Activity or Against a Person Outside of the United States

In cases involving allegations of Sexual Assault, Dating Violence, Domestic Violence, or Stalking, occurring outside of the education program or activity or against a person outside of the United States, the following additional rights will be afforded to the complainant and the respondent:

1. The parties have the right to be accompanied to any complaint resolution process meeting or proceeding by the advisor of their choice, who may be, but is not required to be, an attorney. The University will not limit the choice or presence of advisor for either the complainant or respondent in any meeting related to the complaint resolution process.  See the section X(F) Advisors below for additional information and requirements regarding the conduct of advisors.
2. The complainant and respondent have the right to timely and equal access to information that will be used during informal and formal disciplinary meetings during the adjudication phase of the complaint resolution process, as set forth in the section XI(F)(2) Access to Information below.

In addition, a complainant who alleges Sexual Assault, Dating Violence, Domestic Violence, or Stalking occurring outside of the education program or activity or against a person outside of the United States, has the following rights:

1. To be informed by the University of options to notify proper law enforcement authorities of a Sexual Assault, Dating Violence, Domestic Violence, or Stalking incident, and the right to report to law enforcement at any time or to decline to notify such authorities;
2. Not to be questioned or have evidence considered regarding the complainant’s prior sexual conduct with anyone other than the respondent, unless such questions or evidence are to prove that someone other than the respondent committed the alleged Sexual Misconduct;
3. Not to be treated by campus authorities in a manner that suggests that they are at fault for the Sexual Misconduct or that they should have acted in a different manner to avoid the Sexual Misconduct;
4. To the complete and prompt assistance of campus authorities, at the complainant’s request, in notifying the appropriate law enforcement officials and College officials of a Sexual Assault Dating Violence, Domestic Violence, or Stalking incident and filing criminal charges with local law enforcement officials in Sexual Assault, Dating Violence, Domestic Violence, or Stalking cases;
5. To be offered fair and respectful health care, counseling services, or referrals to such services and notice of the availability of campus or local programs providing Sexual Assault advocacy, Dating Violence, Domestic Violence, or Stalking services;
6. To be offered assistance from the Crime Victim Reparations Board and the Commissioner of Public Safety.
7. For students who choose to transfer to another post-secondary institution, at the student’s request, the right to receive information about resources for victims of Sexual Assault, Dating Violence, Domestic Violence, or Stalking at the institution to which the victim is transferring.

E. Obligations of Complainants, Respondents, and Others Involved in the Complaint Resolution Process

In addition, complainants, respondents, and others have the following obligations in connection with a formal complaint submitted under this Policy:

1. to not retaliate against any person or interfere with the process as defined by this Policy (See section V(H) above);
2. to provide truthful information and evidence in connection with any report, formal complaint, or complaint resolution process under this policy.

Individuals who knowingly or intentionally make a false report or formal complaint or provide false or misleading information in connection with a Sexual Misconduct complaint resolution process may be subject to disciplinary action up to and including termination of employment or student expulsion. Comments or actions intended to influence other individuals to not be truthful in the complaint resolution process may also violate this Policy and/or other University policies.

An individual makes a report or participates in a Sexual Misconduct complaint resolution process in good faith when that individual reasonably believes the information they have provided is accurate.  A determination that there is insufficient evidence to find the respondent responsible for a policy violation, alone, is not sufficient to conclude that the complainant or any witness made a false report or formal complaint or provided false information in connection with the complaint resolution process.  Similarly, a determination that there is sufficient evidence to find the respondent responsible for a policy violation, alone, is not sufficient to conclude that the respondent or any witness provided false information in connection with the complaint resolution process.

Reports that an individual has knowingly or intentionally filed a false report or formal complaint or provided false or misleading information will be addressed by the Title IX Coordinator.  See section XIII. Complaints of Related Misconduct below.

F. Advisors

The complainant and the respondent in complaint resolution processes involving allegations of (1) Title IX Sexual Harassment or (2) Sexual Assault, Dating Violence, Domestic Violence, and Stalking occurring outside of the University’s education program or activity or against a person outside of the United States, have the right to be accompanied to meetings by an advisor of their choice, who may be, but is not required to be, an attorney. Generally, the advisor selected by the complainant or respondent should be free of conflicts of interest in the complaint resolution process and, if a member of the University community, the advisor should be free of conflicts in his or her position in the community. An individual has the right to decline a request to serve as an advisor in the University’s complaint resolution process.

Guidelines for advisors are:

1. The purpose of the advisor is to support an individual during the complaint resolution process. An advisor is permitted to accompany the individual to interviews or other meetings or proceedings during the complaint resolution process. In selecting an advisor, each party should consider the potential advisor’s availability to attend interviews and meetings which may occur in-person. As a general matter, the University will not delay its processes to accommodate the schedules of advisors.
2. Advisors may confer with their advisee, but, with the exception of live hearings for cases involving allegations of Title IX Sexual Harassment (discussed below), advisors may not actively participate in the complaint resolution process. The advisor may accompany the complainant or respondent to all meetings relating to the complaint resolution proceeding. The advisor may not appear in lieu of the complainant or respondent or speak on their behalf in either in-person or written communications to the University. The advisor may not communicate directly with the investigator, Title IX Hearing Panel/adjudicators, appeal officers, Title IX Coordinator, or any other school official involved in the complaint resolution process and may not interrupt or otherwise delay the complaint resolution process.
3. In complaint resolution processes involving allegations of Title IX Sexual Harassment:
   1. At the live hearing, advisors will be permitted to ask the other party and any witnesses all relevant questions and follow-up questions. Additional information about an advisor’s role at the live hearing is included in the section XI(F)(3)(a) Live Hearing below.
   2. Advisors will receive a copy of all directly-related evidence and the investigation report, as set forth in the section XI(F)(2) Access to Information below.
4. In complaint resolution processes involving allegations of Sexual Assault, Dating Violence, Domestic Violence, or Stalking occurring outside of the University’s education program or activity or against a person outside of the United States:
   1. Advisors may have access to information as is described further below in the section XI(F)(2) Access to Information.
5. If a party selects an attorney as an advisor, the advisor’s participation in the complaint process is in the role of an advisor and not as an attorney representing a party. The advisor will have access to highly confidential information and is prohibited from sharing information obtained as an advisor during the complaint process with anyone, including other individuals who may be part of an attorney-client relationship with the party.
6. Parties must notify the Title IX Coordinator who they have selected as their advisor. The University will notify a party to a complaint resolution process if another party involved in the complaint resolution process has obtained an advisor. The notice shall indicate if the other party’s advisor is an attorney.
7. Advisors will be required to sign an Advisor Agreement acknowledging receipt and understanding of these requirements. Failure to comply with these requirements, including violations of confidentiality, or other forms of interference with the complaint resolution process by the advisor may result in disqualification of an advisor. The University reserves the right to dismiss an advisor.

G. Requests for Reasonable Accommodations

Individuals who need a reasonable accommodation should contact the Title IX Coordinator. The University will consider requests for reasonable accommodations submitted to the Title IX Coordinator on a case-by-case basis. Accommodations the University may provide include:

1. providing reasonable accommodations as required by law to an individual with a disability who requests an accommodation necessary to participate in the complaint resolution process;
2. providing an interpreter for individuals who are limited English-language proficient.

H. Supportive/Interim Measures

After receiving a report of alleged Sexual Misconduct, the Title IX Coordinator will consider whether supportive/interim actions, accommodations, or protective measures are reasonably necessary or appropriate to protect the parties and the broader University community.  Such supportive/interim measures will be available without fee or charge to the complainant, respondent, and others adversely impacted by the complaint resolution process, if requested and reasonably available.  Such measures will be designed to restore or preserve equal access to the University’s education program or activity without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the University’s educational environment, or to deter sexual harassment.

The University will provide written notification to affected individuals about options for, available assistance in, and how to request changes to academic, living, transportation, and working situations or protective measures. The University is obligated to comply with a student’s reasonable request for a living and/or academic situation change following an alleged incident of Sexual Misconduct. The University will make appropriate accommodations and provide appropriate protective measures with or without a formal complaint, even when a complainant asks to keep a reported violation of this Policy confidential or requests that the University not investigate the matter, and regardless of whether an individual chooses to report to law enforcement.

Any person seeking supportive/interim measures should contact the Title IX Coordinator.

Examples of supportive/interim measures include, but are not limited to:

• establishing a “no contact” order prohibiting the parties involved from communicating with each other;
• changing an individual’s on-campus residency , dining, or transportation arrangements;
• special parking arrangements;
• assistance in finding alternative housing;
• changing an individual’s student or employee status or job responsibilities;
• changing an individual’s work or class schedule;
• providing academic accommodations or providing assistance with academic issues;
• providing security escorts;
• access to counseling and medical services (those preferring off-campus counseling services will be assisted in locating such resources by University personnel);
• making available information about orders for protection and harassment restraining orders and providing assistance with respect to obtaining and enforcing such orders;
• assistance in identifying an advocate to help secure additional resources or assistance, including off-campus and community advocacy, support, and services, legal assistance, visa and immigration assistance, and student financial aid;
• for students who choose to transfer to another institution, at the student’s request, providing information about resources for victims of Sexual Assault at the institution to which the student is transferring.

Other protective measures may be available, if safety concerns or other overriding circumstances warrant them, including:

• barring an individual from North Central University property;
• prohibiting an individual from participating in North Central University sponsored events;
• prohibiting an individual from residing in a North Central University residence.

If the respondent is a University student and the respondent will be barred from NCU property, prohibited from residing in an NCU residence, or otherwise removed from the education program or activity, in whole or in part, prior to the conclusion of the complaint resolution process, these protective measures will be put in place pursuant to the procedures discussed in the section IX(F) Emergency Removal above.

 

The University determines which measures are appropriate for a particular individual on a case-by-case basis. Such measures will vary based on the particular facts and circumstances, including, but not limited to, the specific need expressed by the individual, the age of the individuals involved, the severity or pervasiveness of the allegations, any continuing effects on the individual, whether the complainant and respondent share the same residence hall, dining hall, class, transportation, or job location, and whether other judicial measures have been taken to protect the complainant. The Title IX Coordinator will be responsible for determining what measures will be put in place.

The University will maintain as confidential any accommodations or protective measures provided to an individual, to the extent that maintaining such confidentiality would not impair the ability of the University to provide the accommodations or protective measures. The University will only disclose information necessary to provide the accommodations or protective measures in a timely manner to individuals who need to know the information in order to effectively provide the accommodations or protective measures. The Title IX Coordinator will determine what information about an individual should be disclosed and to whom this information will be disclosed based on the facts and circumstances of the specific situation and the accommodation to be provided. The University will inform the individual before sharing personally identifying information that the University believes is necessary to provide an accommodation or protective measure. The University will tell the individual which information will be shared, with whom it will be shared, and why it will be shared.

Any individual with a concern regarding a violation of a supportive/interim measure should report to the Title IX Coordinator.  Complaints of a violation of a supportive/interim measure will be handled as discussed in the section XIII. Complaints of Related Misconduct below.

I. Conflicts of Interest

If a complainant or respondent has any concern that any individual acting for the University under this policy has a conflict of interest or bias, for or against complainants or respondents generally or for or against the individual complainant or respondent, such concern should be reported in writing to the Title IX Coordinator. Any concern regarding a conflict of interest or bias must be submitted within two (2) calendar days after receiving notice of the person’s involvement in the process. The Title IX Coordinator will review the concerns and take appropriate steps to ensure that no conflicts of interest or bias exist on the part of anyone investigating or adjudicating a complaint under this Policy.

If complainant or respondent has any concern that the Title IX Coordinator has a conflict of interest or bias, such concern should be reported in writing to University’s President.  If the Title IX Coordinator has a conflict of interest with respect to a complaint, the President shall appoint another person to oversee adherence to the Sexual Misconduct Policy with respect to the formal complaint at issue.

The parties should be mindful that the University has a small and close-knit campus community. That a party simply knows an individual acting for the University under this Policy or has had some limited interaction with such individual generally will not be deemed a disqualifying conflict of interest or bias in most instances. However, the University encourages the parties to bring any concern of conflict of interest or bias to the Title IX Coordinator’s attention for consideration.

J. Time Frames for Resolution

The University is committed to the prompt and equitable resolution of allegations of Sexual Misconduct. As is discussed in more detail above and below, different procedures apply to cases involving allegations of Title IX Sexual Harassment than to other cases of alleged Sexual Misconduct.  The time frames for each phase of the different procedures are as follows:

1. Cases Involving Allegations of Title IX Sexual Harassment

Specific time frames for each phase of the complaint resolution process for formal complaints involving allegations of Title IX Sexual Harassment are set forth in the section XI. Complaint Resolution Process below. Each phase of the process will generally be as follows:

• Review of formal complaint and notice of allegations to the parties: ten (10) calendar days
• Investigation: forty-five (45) calendar days
• Review of directly-related evidence and investigator consideration of evidence response statements: seventeen (17) calendar days
• Review of investigation report and written response: five (5) calendar days
• Live Hearing and Determination: twenty-five (25) calendar days
• Appeal: twenty (20) calendar days

2. Cases Involving Other Allegations of Sexual Misconduct

Specific time frames for each phase of the complaint resolution process for formal complaints involving allegations of any other form of Sexual Misconduct are set forth in the section XI. Complaint Resolution Process below. Each phase of the process will generally be as follows:

• Review of formal complaint and notice of allegations to the parties: ten (10) calendar days
• Investigation: forty-five (45) calendar days
• Review of investigation report and written response/rebuttal, if applicable: ten (10) calendar days
• Adjudication: twenty-five (25) calendar days
• Appeal: twenty (20) calendar days

In any Sexual Misconduct complaint resolution process, the process may include additional days between these phases as the University transitions from one phase to another.  The parties will be notified when each listed phase begins and when it ends.  If any transition period will last longer than five (5) calendar days, the parties will be notified of the delay and the reason for it.

Circumstances may arise that require the extension of time frames based on the complexity of the allegations, the number of witnesses involved, the availability of the parties involved, the availability of witnesses, the effect of a concurrent criminal investigation, unsuccessful attempts at informal resolution, any intervening school break, the need for language assistance or accommodation of disabilities, or other unforeseen circumstance.

In cases where an alleged incident has also been reported to law enforcement, the University will not delay its complaint resolution process in order to wait for the conclusion of a criminal investigation or proceeding. The University will, however, comply with valid requests by law enforcement for cooperation in a criminal investigation. As such, the University may need to delay temporarily an investigation under this Policy while law enforcement is in the process of gathering evidence. This process typically takes seven (7) to ten (10) days. Once law enforcement has completed its gathering of evidence, the University will promptly resume and complete its investigation and resolution procedures.

To the extent additional time is needed during any of the phases of the process discussed above or further below, the University will notify all parties of the delay and the reasons for it. When a time frame for a specific phase of the process, as set forth below, is less than five (5) calendar days, the University may, in its discretion, use business days to calculate the time frame deadline. Efforts will be made to complete the process in a timely manner balancing principles of thoroughness, fundamental fairness, and promptness.

Complainants are encouraged to begin the complaint resolution process as soon as possible following an alleged Sexual Misconduct incident. There is no statute of limitation for reporting prohibited conduct to the University under this policy; however, the University’s ability to respond may diminish over time, as evidence may erode, memories may fade, and respondents may no longer be affiliated with the University. If a complaint is brought forward more than five (5) calendar years after an alleged incident, the University, in its discretion, may decline to process a complaint under these procedures, but reserves the right to take other administrative action as appropriate depending on the specific circumstances of the complaint, and will provide reasonably appropriate supportive/interim measures, assist the complainant in identifying external reporting options, and take reasonable steps to eliminate prohibited conduct, prevent its recurrence, and remedy its effects. If the respondent is still a member of the University community as a student or employee, the complaint generally will be processed under these procedures.

K. Presumption of Non-Responsibility

The presumption is that the respondent is not responsible for a policy violation.  The respondent is presumed not responsible until a determination regarding responsibility is made at the conclusion of the complaint resolution process. The respondent will be deemed responsible for a policy violation only if the appointed Title IX Hearing Panel/adjudicators conclude that there is sufficient evidence, by a “preponderance of evidence,” to support a finding that the respondent more likely than not engaged in Sexual Misconduct.

L. Non-Participation and Silence

Either party may decline, at any time, to provide information or participate further in the complaint resolution process. If, at any time during the complaint resolution process, a party decides not to participate, the University may still proceed with the complaint resolution process. If at any time the complainant declines to participate in the process, the University’s ability to meaningfully investigate and adjudicate a complaint may be limited. In such cases, the University will proceed with the complaint resolution process, if possible to do so without the complainant’s participation, and will make a determination based upon the information available. The respondent also has the right to decline to participate in the complaint resolution process. In such cases, the University will proceed with the complaint resolution process and will make a determination based upon the information available. A respondent’s silence in response to a complainant’s allegation will not necessarily be viewed as an admission of the allegation, but may leave the complainant’s allegations undisputed. Similarly, a complainant’s silence in response to a respondent’s denials or defenses will not necessarily be viewed as an admission of the denials or defenses, but may leave the respondent’s denials or defenses undisputed.

Even if a party decides not to participate or chooses to stop participating at a phase of the process, the party will still be given the option to participate during additional phases of the process.

In cases involving allegations of Title IX Sexual Harassment, if a party is not willing to answer all relevant questions from the other party’s advisor, the Title IX Hearing Panel will not be able rely on any statement of that party in reaching a determination regarding responsibility.  The Title IX Hearing Panel, however, will not draw an inference about the determination regarding responsibility based solely on a party’s absence from the live hearing or refusal to answer cross-examination or other questions. For more information, see the section XI(F)(3)(a) Live Hearings below.

M. Application of Policy

When the University receives a formal complaint of a violation of this Policy, the University will generally apply the complaint resolution procedures from the policy that is in effect at the time that the report or complaint is made and generally will apply the Sexual Misconduct definitions from the policy that was in effect at the time of the alleged misconduct occurred.  For cases involving allegations of Title IX Sexual Harassment, the University will apply the definitions from the policy that is in effect at the time the formal complaint is made to determine what procedures apply and the definitions from the policy that was in effect at the time the alleged misconduct occurred to determine whether a policy violation occurred.

N. Reservation of Flexibility

The procedures set forth in this Policy reflect the University’s desire to respond to formal complaints in good faith and in compliance with legal requirements. The University recognizes that each case is unique and that circumstances may arise which require that it reserve some flexibility in responding to the particular circumstances of the matter. The University reserves the right to modify the procedures or to take other administrative action as appropriate under the circumstances.

In instances where a formal complaint is made against an individual who is not a student or employee of the University, the University reserves discretion to use a process or procedures other than those outlined below, as appropriate under the circumstances.

XI. Complaint Resolution Process

When the University receives a formal complaint of a potential Sexual Misconduct policy violation, the University will promptly and equitably respond, investigating and adjudicating the formal complaint pursuant to the guidelines and procedures set forth below.

As discussed above in the section X. General Provisions for Complaint Resolution Process above, different procedures apply to the complaint resolution process depending on the particular circumstances of a case, including the type of Sexual Misconduct that is alleged.  Further information about the different procedures is provided below.

A. Initial Meeting Between Complainant and Title IX Coordinator

In most cases, the first step of the complaint resolution process is a preliminary meeting between the complainant and the Title IX Coordinator.  The purpose of the preliminary meeting is to allow the Title IX Coordinator to gain a basic understanding of the nature and circumstances of the report or formal complaint; it is not intended to be a full investigation interview.

As part of the initial meeting with the complainant, the Title IX Coordinator will:

1. assess the nature and circumstances of the allegation;
2. address immediate physical safety and emotional well-being of the complainant and the campus, in consultation with appropriate campus officials;
3. notify the complainant of the right to contact law enforcement and seek medical treatment;
4. notify the complainant of the importance of preservation of evidence;
5. provide the complainant with information about on- and off-campus resources;
6. notify the complainant of the range of supportive/interim measures with or without filing a formal complaint;
7. provide the complainant with an explanation of the procedural options, including how to file a formal complaint, if not already filed, and the complaint resolution process;
8. advise the complainant of the right to have an advisor of choice, as applicable under this Policy;
9. discuss the complainant’s expressed preference for the manner of resolution and any barriers to proceeding; and
10. explain the University’s policy prohibiting retaliation.

All reports and formal complaints of Sexual Misconduct will be reviewed by the Title IX Coordinator to determine the risk of harm to individuals or to the campus community. Steps will be taken to address these risks in consultation with members of the University’s Senior Leadership Team and Campus Safety and Security.

If the Title IX Coordinator determines that the report or formal complaint, even if substantiated, would not be a violation of this Policy, they may dismiss the matter or refer it to another applicable disciplinary procedure. The parties will be notified of that determination and the complainant will be informed of other procedures for resolving the complaint and of other resources that may be available to the complainant.

B. Formal Complaint and Notice of the Allegations

The filing of a formal complaint typically begins the complaint resolution process under this policy.  Generally, the complainant files a formal (signed, dated) complaint with the Title IX Coordinator.  However, in some cases, the University may move forward with a complaint resolution process even if the complainant chooses not to make or move forward with a formal complaint. Generally, the Title IX Coordinator will make a determination of whether the University will move forward with a complaint resolution process even when the complainant has not filed a formal complaint. If the University decides that it has an obligation to move forward with a complaint resolution process, the Title IX Coordinator will sign the formal complaint and the University will notify the complainant before proceeding. See Requests for Confidentiality or Non-Action above for more information.  The Title IX Coordinator signing the formal complaint does not make the Title IX Coordinator a party to the complaint resolution process or adverse to the respondent.

Formal complaints of Sexual Misconduct should be made through the Title IX Coordinator.

When the Title IX Coordinator has received a formal complaint, the Title IX Coordinator will assess the formal complaint to determine if it states any allegations of Sexual Misconduct.  If the formal complaint alleges Sexual Misconduct, the Title IX Coordinator will provide a written notice of allegations to the parties who are known.  The written notice will include:

1. Notice of the University’s complaint resolution process, including the informal resolution process;
2. Notice of the allegations, including the identities of the parties involved in the incident(s), if known, the conduct allegedly constituting Sexual Misconduct, and the date and location of the alleged incident, if known;
3. A statement that the respondent is presumed not responsible for the alleged conduct and a determination regarding responsibility is made at the conclusion of the complaint resolution process;
4. Notice that the parties have the right to an advisor of choice, as applicable under this Policy, who may be, but is not required to be, an attorney;
5. Notice that the parties have the right to inspect and review evidence, as applicable under this Policy; and
6. Notice of policy provisions that prohibit knowingly making false statements or knowingly submitting false information during the complaint resolution process, including the section X(E) Obligations of Complainants, Respondents, and Others Involved in the Complaint Resolution Process above.

If the University decides to investigate allegations about the complainant or respondent that are not included in the notice provided, the notice will be updated to provide notice of the additional allegations to the parties whose identities are known.

In addition, upon receiving a formal complaint, the Title IX Coordinator will make a preliminary determination of the procedures that will apply to the complaint resolution process.

When the Title IX Coordinator has received a formal complaint of Sexual Misconduct, the Title IX Coordinator will also meet with the respondent and will:

1. notify the respondent of the complaint and alleged policy violations;
2. provide the respondent an explanation of the complaint resolution process, including the informal resolution process;
3. notify the respondent of the importance of preservation of evidence;
4. notify the respondent of any supportive/interim measures that have been put in place that directly relate to the respondent (i.e., no-contact order);
5. notify the respondent of available supportive/interim measures;
6. provide the respondent with information about on- and off-campus resources;
7. advise the respondent of the right to have an advisor of choice, as applicable under this Policy; and
8. explain the University’s policy prohibiting retaliation.

Meetings between the Title IX Coordinator and complainant and between the Title IX Coordinator and respondent may take place in person, via Skype, or by phone depending on the circumstances.

The stage of initial review of the formal complaint by the Title IX Coordinator and initial notice of the allegations to the parties generally will take no more than ten (10) calendar days. In some cases, more time may be required.

C. Investigation of Other University Policy Violations

If a formal complaint of Sexual Misconduct also implicates alleged violations of other University policies, the Title IX Coordinator, in coordination with other appropriate school officials, will evaluate the allegations to determine whether the investigation of the alleged Sexual Misconduct and the other alleged policy violations may be appropriately investigated together without unduly delaying the resolution of the Sexual Misconduct formal complaint. Where the Title IX Coordinator, in coordination with other appropriate school officials, determines that a single investigation is appropriate, the determination of responsibility for each of the alleged policy violations will be evaluated under the applicable policy.  The adjudication may be conducted in accordance with this Policy or the adjudication of the other policy violation may be conducted separately from the adjudication of the alleged Sexual Misconduct. Consolidation of Formal Complaints

The University reserves the right to consolidate formal complaints into one complaint resolution process as to allegations of Sexual Misconduct against more than one respondent, by more than one complainant against one or more respondents, or by one party against the other party, where the allegations of Sexual Misconduct arise out of the same facts or circumstances.

D. Informal Resolution

Following a formal complaint, at any time prior to reaching a determination regarding responsibility, the University may facilitate an informal resolution process.  In cases involving allegations of Sexual Assault or more serious Sexual Misconduct, informal resolutions may not be appropriate.  In addition, in cases involving allegations that an employee engaged in Title IX Sexual Harassment against a student, informal resolution is not appropriate.

If the complainant, the respondent, and the University all agree to pursue an informal resolution, the Title IX Coordinator will attempt to facilitate a resolution that is agreeable to all parties. The Title IX Coordinator will not be an advocate for either the complainant or the respondent in the informal resolution process, but rather will aid in the resolution of formal complaints in a non-adversarial manner. Under the informal process, the University will only conduct such fact-gathering as is useful to resolve the formal complaint and as is necessary to protect the interests of the parties, the University, and the University community.

The University will not compel a complainant or respondent to engage in mediation, to directly confront the other party, or to participate in any particular form of informal resolution. Participation in informal resolution is voluntary, and the complainant and respondent have the option to discontinue the informal process and request a formal complaint resolution process at any time prior to reaching an agreed upon resolution. In addition, the University also always has the discretion to discontinue the informal process and move forward with a formal complaint resolution process. If at any point during the informal resolution process prior to reaching an agreed upon resolution, the complainant or respondent or the University wishes to cease the informal resolution process and to proceed through the formal resolution process, the informal resolution process will stop and the formal resolution process outlined below will be invoked.

Prior to engaging in an informal resolution process, the University will provide the parties with a written notice disclosing: the allegations, the requirements of the informal resolution process, including the circumstances under which the informal resolution process precludes the parties from resuming a formal complaint arising from the same allegations, and any consequences resulting from participating in the informal resolution process, including the records that will be maintained or could be shared.  In addition, the University will obtain the parties’ voluntary, written consent to the informal resolution process.

Informal resolution may involve the imposition of individual and community remedies designed to maximize the complainant’s access to the educational and extracurricular activities of the University. Examples of potential remedies are provided in the section X(H) Supportive/Interim Measures above. The recommended resolution may also include other institutional responses, requirements, or sanctions imposed on the respondent. Any informal resolution must adequately address the concerns of the complainant, as well as the rights of the respondent, and the overall intent of the University to stop, remedy, and prevent policy violations.

The informal resolution process ends when a resolution has been reached or when the complainant, the respondent, or the University terminates the process. A successful informal resolution results in a binding agreement between the parties. If the parties to the formal complaint and the University agree in writing to the terms and conditions of a recommended resolution, which will include a description of the information relied upon in the informal process, within five (5) calendar days of the Title IX Coordinator presenting the recommended resolution to the parties, the case will be resolved without further process under this procedure. If all parties to the formal complaint and the University do not agree in writing to the terms and conditions of the recommended resolution within five (5) calendar days of the Title IX Coordinator presenting the recommended resolution to the parties, the formal complaint will be referred to the Formal Resolution process.

Appeals are not allowed in cases where the parties have agreed to a voluntary alternative resolution of the matter.

The informal resolution process generally will take no more than fifteen (15) calendar days. In some cases, more time may be required.

E. Formal Resolution

If the formal complaint is not processed or resolved through the Informal Resolution process discussed above, the formal complaint shall be processed according to the formal procedure outlined below.

1. Investigation

Upon determination to open an investigation, the Title IX Coordinator will appoint one or more investigators on a case-by-case basis.

North Central University will ensure that investigators have received the appropriate training, are impartial, and free of any conflict of interest or bias for or against complainants and respondents generally and for or against the complainant and respondent in the case. The parties shall receive written notice of the appointed investigator(s). If any party has a concern that an investigator has a conflict of interest or bias, the party should report the concern in writing to the Title IX Coordinator as indicated in section X(I) Conflicts of Interest above.

The investigation will be prompt and equitable, and all individuals will be treated with appropriate sensitivity and respect.  The investigator will conduct the investigation in a manner appropriate to the circumstances of the case, which will typically include audio-recorded interviews with the complainant, the respondent, and any witnesses.  The interviews may take place in person, via video, or by phone depending on the circumstances.  The complainant and respondent will have the opportunity to advise the investigator of any witnesses they believe should be interviewed, other evidence they believe should be reviewed by the investigator, and questions they would like the investigator to consider asking the other party and any witnesses, including questions challenging credibility. The investigator, in consultation with the Title IX Coordinator, has discretion to assess the relevancy of any proposed witnesses, evidence, and questions, and to determine which interviews to conduct, including the discretion to conduct interviews of individuals not identified by the parties. The investigator may also determine whether to ask some or all of the questions suggested by the parties. The interviews will be supplemented by the gathering of any physical, documentary, or other evidence, as appropriate and available. The complainant and respondent will be given equal opportunity to present witnesses they believe should be interviewed, and other inculpatory and exculpatory evidence, as part of the investigation.  In cases involving allegations of Title IX Sexual Harassment, any witness that a party wishes to call at a hearing must be suggested as part of the investigation process, prior to the issuing of the investigation report.

Near the end of the investigation, the parties will be informed of a close of evidence date. The parties shall submit any and all evidence they would like considered as part of the investigation by the close of evidence date. After the close of evidence date, the parties shall not be permitted to submit new or additional evidence that existed prior to the close of evidence date, unless the investigator, in consultation with the Title IX Coordinator, determines otherwise.

At the conclusion of the investigation, the investigator generally will compile an investigation report that fairly summarizes the relevant evidence.  The investigation report may consist of any information, documents, data, or other evidence that will be provided to the Title IX Hearing Panel/adjudicators. At the investigator’s discretion, such information may include, as applicable: the formal complaint; the notice of allegations; any other evidence obtained during the investigation; and the investigator’s report of the investigation. The investigation report will be forwarded to the Title IX Coordinator who will review the investigation report and has the discretion to ask the investigator for clarification, additional investigation, and/or to have information added, removed, or redacted from the investigation report.

The time frame for this phase of the process (from the date the investigator is appointed to Title IX Coordinator review) is typically up to 45 calendar days; however, in some cases more time may be needed.  In cases involving allegations of Title IX Sexual Harassment, the University will strive to complete the initial investigation in this 45-day time frame, but the final investigation report will not be completed until after the review of directly related evidence.  See the section XI(F)(2) Access to Information below for more information.

2. Access to Information

The procedures in the formal process for all cases of Sexual Misconduct are the same through the investigation phase.  Prior to providing access to information, the Title IX Coordinator will make a final determination as to the procedures that will apply to the access to information phase and the adjudication phase.

1.  Cases Involving Allegations of Title IX Sexual Harassment

Review of Directly Related Evidence

For formal complaints involving allegations of Title IX Sexual Harassment, the parties will have an equal opportunity to inspect and review any evidence obtained as part of the investigation that is directly related to the allegations raised in the formal complaint, including evidence upon which the University does not intend to rely in reaching a determination regarding responsibility and inculpatory and exculpatory evidence whether obtained from a party or other source.  The Title IX Coordinator will send such evidence to each party and each party’s advisor in electronic format or hard copy.  The parties will have a ten (10) calendar day period to review the evidence and prepare a written response to the evidence (the “Evidence Response Statement”).  Each party’s Evidence Response Statement may not exceed 2,000 words in length. The Evidence Response Statement must be submitted to the Title IX Coordinator within the ten (10) calendar day period described above.  The Evidence Response Statement may be used as an opportunity to clarify information contained in the directly related evidence, to present the party’s viewpoint about whether the evidence directly related to the allegations is relevant and therefore whether it should be included in the investigation report, and to identify evidence previously provided to the investigator that was not included in the directly related evidence which the party believes is directly related and relevant.  While the parties may be assisted by their advisors in preparation of the Evidence Response Statement, the Evidence Response Statement must be submitted by the party, must be the party’s own statement, and may not be used to submit the statements of others on the party’s behalf.  The parties may not address each other in the Evidence Response Statement.

The parties and parties’ advisors may use the evidence reviewed at this step only for purposes of participating in the complaint resolution process and are prohibited from disseminating or otherwise sharing the evidence with any other individual.  Prior to being provided the evidence obtained as part of the investigation that is directly related to the allegations, the parties and parties’ advisors will be required to sign a non-disclosure agreement agreeing to such terms.

The Title IX Coordinator will review the parties’ Evidence Response Statements and may remove or redact any portions of the parties’ Evidence Response Statements that exceed the word limit of the statements as set forth above or that otherwise exceed the permitted scope of information that may be considered in the complaint resolution process (such as treatment records without consent or information subject to a legal privilege without a waiver).

The investigator will consider the parties’ Evidence Response Statements prior to completion of the investigation report.

All the evidence made available for the parties’ review will be available during the hearing.

Review of Investigation Report

For complaints involving allegations of Title IX Sexual Harassment, the Title IX will send the investigation report to each party and each party’s advisor in electronic format or hard copy at least ten (10) days prior to the live hearing.  The parties will have a five (5) calendar day period to review the investigation report and prepare a written response to the report (the “Written Response Statement”).  Each party’s Written Response Statement may not exceed 2,000 words in length.  The Written Response Statement must be submitted to the Title IX Coordinator within the five (5) calendar day period described above. The Written Response Statement may be used as an opportunity to clarify points in the investigation report, identify information previously given to the investigator(s) that is not included in the investigation report which the party believes should have been included, or raise other concerns regarding the evidence. While the parties may be assisted by their advisors in preparation of the Written Response Statement, the Written Response Statement must be submitted by the party, must be the party’s own statement, and may not be used to submit the statements of others on the party’s behalf.  The parties may not address each other in the Written Response Statement.

The parties and parties’ advisors may use the investigation report only for purposes of participating in the complaint resolution process and are prohibited from disseminating or otherwise sharing the investigation report with any other individual.  Prior to being provided the investigation report, the parties and parties’ advisors will be required to sign a non-disclosure agreement agreeing to such terms.

The Title IX Coordinator will review the parties’ Written Response Statements. Based on the statements, the Title IX Coordinator has the discretion to ask the investigator(s) for clarification, additional investigation, and/or to have information removed or redacted from the investigation report. In addition, the Title IX Coordinator may remove or redact any portions of the parties’ Written Response Statements that exceed the word limits of the statements as set forth above or that otherwise exceed the permitted scope of information that may be considered in the complaint resolution process (such as treatment records without consent, information subject to a legal privilege without a waiver, or evidence relating to the complainant’s prior sexual history if an exception does not apply).

1. Cases Involving Allegations of Sexual Assault, Domestic Violence, Dating Violence, and Stalking Occurring Outside of The Education Program or Activity or Against a Person Outside of the United States

For formal complaints involving allegations of Sexual Assault, Dating Violence, Domestic Violence, or Stalking, occurring outside of the education program or activity or against a person outside of the United States, the investigation report will be made available for review by the complainant and respondent. The Title IX Coordinator will provide a five (5) calendar day period for the complainant and respondent to have access to review the investigation report and prepare a response to the investigation report, as discussed below. The parties’ access to the investigation report generally will be provided during normal business hours in a designated on-campus location. The investigation report cannot be removed from that location, nor can duplication be made or pictures taken of the report.  The investigation report may be made available to the parties electronically depending on the circumstances.

Both parties will have the opportunity to provide a written response to the investigation report (the “Written Response Statement”). To do so, the party must submit a Written Response Statement, which may not exceed 4,000 words in length, to the Title IX Coordinator. The Written Response Statement must be submitted by the conclusion of the 5-day period described above. The Written Response Statement may be used as an opportunity to clarify points in the investigation report, identify information previously given to the investigator that is not included in the investigation report which the party believes should have been included identify questions a party believes the other party has not yet answered or evidence the other party has not explained, raise other concerns regarding the evidence, and to challenge the credibility of the other party and witnesses. While the parties may be assisted by their advisors in preparation of the Written Response Statement, the Written Response Statement must be submitted by the party, must be the party’s own statement, and may not be used to submit the statements of others on the party’s behalf.  The parties may not address each other in the Written Response Statement.

The parties will have an opportunity to review the Written Response Statement submitted by the other party and, if desired, may submit a rebuttal statement (“Written Rebuttal Statement”) not to exceed 2,500 words. The Title IX Coordinator will provide a two (2) calendar day period for the complainant and respondent to have access to review the other party’s Written Response Statement and submit a Written Rebuttal Statement. The parties’ access to the Written Response Statement generally will be provided during normal business hours in a designated on campus location. The Written Response Statement cannot be removed from that location, nor can duplication be made or pictures taken of the contents. The Written Rebuttal Statement may only be used to respond to arguments made or concerns raised in the other party’s Written Response Statement and to challenge the credibility of the other party and any witnesses. While the parties may be assisted by their advisors in preparation of the Written Rebuttal Statement, the Written Rebuttal Statement must be submitted by the party, must be the party’s own statement, and may not be used to submit the statements of others on the party’s behalf. The parties may not address each other in the Written Rebuttal Statement.

The parties will have an opportunity to review the Written Rebuttal Statement submitted by the other party. The Title IX Coordinator will provide a two (2) calendar day period for the complainant and respondent to have access to review the other party’s Written Rebuttal Statement. The parties’ access to the Written Rebuttal Statement generally will be provided during normal business hours in a designated on-campus location. The Written Rebuttal Statement cannot be removed from that location, nor can duplication be made or pictures taken of the contents. While the parties have the opportunity to review the rebuttal statement of the other party, no further responses are permitted by either party.

The parties and parties’ advisors may use the investigation report and written statements of the other party reviewed at this step only for purposes of participating in the complaint resolution process and are prohibited from disseminating or otherwise sharing the report and written statements with any other individual.  Prior to being provided the report and written statements, the parties and parties’ advisors will be required to sign a non-disclosure agreement agreeing to such terms.

The Title IX Coordinator will review the Written Response Statement and Written Rebuttal Statement. Based on the statements, the Title IX Coordinator has the discretion to ask the investigator for clarification, additional investigation, and/or to have information added, removed, or redacted from the investigation report. In addition, the Title IX Coordinator may remove or redact any portions of the parties’ written statements that exceed the word limits of the statements as set forth above or that otherwise exceed the permitted scope of information that may be considered in the complaint resolution process (such as treatment records without consent, information subject to a legal privilege without a waiver,  or evidence relating to the complainant’s prior sexual history if an exception does not apply).

3. Adjudication

Upon completion of the investigation, the Title IX Coordinator will compile the adjudication file which will be shared with the Title IX Hearing Panel/adjudicators.  In cases involving allegations of (1) Title IX Sexual Harassment or (2) Sexual Assault, Domestic Violence, Dating Violence, or Stalking occurring outside of the University’s education program or activity or against a person outside of the United States, the parties will be given access to any information that is included in the adjudication file to the extent that it includes additional information that the parties did not review as part of the Access to Information step discussed above in section XI(F)(2) Access to Information.

a.            Cases Involving Allegations of Title IX Sexual Harassment

Upon completion of the investigation in cases involving allegations of Title IX Sexual Harassment, the matter will be submitted to a Title IX Hearing Panel to hold a live hearing and to make a determination regarding responsibility and, if appropriate, sanctions.

The Title IX Hearing Panel will conduct a prompt and equitable live hearing and adjudication.

Appointment of the Title IX Hearing Panel

The Title IX Coordinator will designate a panel of three adjudicators to serve as the Title IX Hearing Panel.  Generally, the Title IX Hearing Panel shall include members of the Title IX Adjudication Committee.  The University reserves the right to appoint any trained individuals who are without conflict or bias to the Title IX Hearing Panel.  The Title IX Hearing Panel will not include the Title IX Coordinator or the investigator from the same matter.  If any party has a concern that a member of the Title IX Hearing Panel has a conflict of interest or bias, the party should report the concern in writing as indicated in section X(I) Conflicts of Interest above.

Live Hearings

At the live hearing, each party’s advisor will be permitted to ask the other party and any witnesses all relevant questions and follow-up questions, including those challenging credibility.  Such questions will be conducted directly, orally, and in real time by the party’s advisor and will never be conducted by a party personally.  Only relevant cross-examination and other questions may be asked of a party or witness.  Before a complainant, respondent, or witness answers a question at the hearing, the Title IX Hearing Panel must first determine whether the question is relevant and explain any decision to exclude a question as not relevant.  Questions and evidence about the complainant’s sexual predisposition or prior sexual behavior are not relevant, unless such questions and evidence about the complainant’s prior sexual behavior are offered to prove that someone other than the respondent committed the conduct alleged by the complainant in the formal complaint, or if the questions and evidence concern specific incidents of the complainant’s prior sexual behavior with respect to the respondent and are offered to prove consent.

If a party is not willing to answer any relevant question from the other party’s advisor, or a witness is not willing to answer any relevant question from either advisor, the Title IX Hearing Panel will not rely on any statement of that party or witness in reaching a determination regarding responsibility.  The Title IX Hearing Panel, however, will not draw an inference about the determination regarding responsibility based solely on a party’s or witness’s absence from the live hearing or refusal to answer cross-examination or other questions.

All evidence obtained as part of the investigation that is directly related to the allegations raised in the formal complaint will be made available at the hearing.

The hearing will generally be held by video-conference with the parties, witnesses, and Title IX Hearing Panel located in separate locations and technology enabling the Title IX Hearing Panel and parties to simultaneously see and hear the party or the witness answering questions.  The University reserves the right to determine that a hearing will instead be conducted with all participants, including the parties, witnesses, and the Title IX Hearing Panel physically present in the same location.  In the event that the live hearing is held with the participants in the same location, at the request of either party, the University will provide for the parties to be located in separate rooms with technology enabling the Title IX Hearing Panel and parties to simultaneously see and hear the party or witness answering questions.

The University will create an audio or audiovisual recording, or transcript, of any live hearing and, upon request, will make it available to the parties for inspection and review.

University Appointed Advisors

If a party does not have an advisor present at the live hearing, the University will provide an advisor to the party, without fee or charge to that party, to conduct cross-examination on behalf of that party.  If a party will not have an advisor present at the hearing, the party must inform the Title IX Coordinator at least three (3) calendar days prior to the live hearing so that the University may appoint an advisor for the hearing. The appointed advisor’s role will be limited to relaying the party’s questions to be asked of other parties and witnesses.  The appointed advisor shall not perform any function beyond relaying the party’s desired questions.  The University reserves the right to appoint any individual as the University deems appropriate to act as an advisor at a live hearing.  The University’s appointment of an advisor is final and a party who refuses to work with an appointed advisor at the live hearing will forfeit his or her right to conduct cross-examination or other questioning at the hearing.

Live Hearing Procedures

The Title IX Coordinator will provide additional information about live hearings upon request.

Decision-Making Process

The presumption is that the respondent is not responsible for a policy violation.  The respondent will be deemed responsible for a policy violation only if the Title IX Hearing Panel concludes that there is sufficient evidence, by a “preponderance of evidence,” to support a finding that the respondent engaged in Sexual Misconduct.  If the Title IX Hearing Panel determines that the respondent is responsible for a policy violation, the Title IX Hearing Panel will then determine what sanctions and remedies are warranted.

As discussed above, if a party or witness does not submit to cross-examination at the live hearing, the Title IX Hearing Panel will not rely on any statement of that party or witness in reaching a determination regarding responsibility.  The Title IX Hearing Panel, however, will not draw an inference about the determination regarding responsibility based solely on a party’s or witness’s absence from the live hearing or refusal to answer cross-examination or other questions.

When a respondent is found not responsible for a policy violation, but nevertheless is found to have engaged in inappropriate conduct—for example, inappropriate remarks that do not rise to the level of a violation of this Policy—the University may, in its discretion, require the respondent to receive appropriate education and/or training.  The University may also recommend counseling or other support services for the respondent.

1. Cases Involving Allegations of Other Sexual Misconduct

Upon completion of an investigation in matters involving allegations of Sexual Misconduct that are not Title IX Sexual Harassment, the Title IX Coordinator will appoint appropriate adjudicators.  Typically, a panel of two adjudicators will be appointed to each case.  However, the University reserves the right to appoint additional adjudicators to assist in making a determination in any given case.  In addition, in any complaint resolution process, the assigned adjudicators may request to have a third adjudicator appointed to the case at any point during the adjudication prior to the issuance of the written notice of determination.  Generally, the adjudicators shall be chosen from members of the Title IX Team (which consists of appointed, trained faculty and staff members including but not limited to the Deans of the Colleges) who have not previously been involved in the specific complaint resolution process.  The University reserves the right to appoint any trained adjudicator who are free from conflict of interest or bias.  If any party has a concern that the adjudicators have a conflict of interest or bias, the party should report the concern in writing as indicated in section X(I) Conflicts of Interest above.

While the Title IX Coordinator is available for consultation, the Title IX Coordinator will not participate in making a decision.

The adjudicators will review the adjudication file.  The adjudicators may, in their discretion, seek additional information from the investigator, the parties, or another individual, or request additional investigation by the investigator. In cases involving allegations of Sexual Assault, Domestic Violence, Dating Violence, and Stalking (that occurred outside of the education program or activity or against a person outside of the United States), if such information is shared with the adjudicators, the parties will be notified and provided access to that information.

The presumption is that the respondent is not responsible for a policy violation.  The adjudicators will use a preponderance of the evidence standard to determine whether there is sufficient evidence to conclude it is more likely than not that the respondent violated the policy.   If the adjudicators determine that the respondent is responsible for a policy violation, they will then impose remedies and/or sanctions as necessary to end the misconduct, prevent its recurrence, and address its effects.

As part of that determination of sanctions and remedies, the Title IX Coordinator may, in their discretion, provide the adjudicators with information regarding previous violations of the Sexual Misconduct Policy or other University policies by the respondent, if any.  In cases involving allegations of Sexual Assault, Domestic Violence, Dating Violence, and Stalking (that occurred outside of the education program or activity or against a person outside of the United States), if such information is shared with the adjudicators, the parties will be notified and provided access to that information.

When a respondent is found not responsible for a Policy violation, but nevertheless is found to have engaged in inappropriate conduct – for example, inappropriate remarks that do not rise to the level of a violation of this Policy – the University may, in its discretion, require the respondent to receive appropriate education and/or training. The University may also recommend counseling or other support services for the respondent.

4. Sanctions and Remedies

The Title IX Hearing Panel/adjudicators will impose sanctions and/or remedies as necessary to end the misconduct, prevent its recurrence, and address its effects. North Central University reserves the right to take whatever measures deemed necessary in response to an allegation of Sexual Misconduct in order to protect the rights and personal safety of students, faculty, staff, and other University community members.  Not all forms of Sexual Misconduct are deemed equally serious offenses and, as a result, different remedies or sanctions may be imposed depending on the severity of the offense and any previous conduct violations.

Individuals who are found responsible under this policy may face sanctions as appropriate for students, employees, visitors, or others, including, but not limited to the following sanctions.  Each of these sanctions and other sanctions may be imposed alone or in combination for a respondent found responsible for Sexual Misconduct, as defined by this Policy:

• assigned disciplinary status:
  • warning;
  • probation;
  • suspension ranging from one day to five years; or
  • expulsion;
• withholding of diploma or degree for a defined period of time or until the completion of assigned sanctions;
• revocation of admission to the University;
• temporary or permanent restricted access to areas of campus and campus events;
• temporary or permanent restricted access to or participation in activities, organizations or courses;
• temporary or permanent removal from class or residential assignment;
• conditions for presence on campus or at University events;
• no trespass or no contact orders;
• required attendance at educational trainings or meetings;
• change in living assignment;
• drug and/or alcohol testing;
• eviction;
• behavioral contracts;
• required assessment or counseling;
• community service hours;
• loss of salary or benefit such as sabbatical or research or travel funding, removal or non-renewal of scholarships or honors;
• suspension of employment from one day to five years;
• suspension of promotion or salary increase increments;
• transfer or change of job or responsibilities, revocation of tenure, demotion, or termination of employment;
• ineligibility for rehire;
• payment of restitution or costs incurred.

For any suspension or other temporary restriction, reinstatement may be conditioned upon behavioral contracts, required attendance at educational programs, required assessment or counseling, and/or any other disciplinary accountability measures outlined by Student Development and/or Human Resources.

Violations of imposed sanctions should be immediately reported to the Title IX Coordinator.

When an investigation reveals that a campus organization (such as a student club, athletic team, campus academic department, or staff/faculty committee) has committed or promoted behavior involving Sexual Misconduct, the organization may be sanctioned. Sanctions to the organization may include, but are not limited to, loss of University privileges (including, but not limited to, prohibition on the organization’s participation in certain activities and the use of University facilities), educational requirements for organization members, required additional oversight of organization activities, temporary loss of funding and/or loss of recognition by the University, and permanent loss of organization recognition, in addition to individual members of the organization who are determined responsible for a Policy violation being subject to the sanctions listed above. All campus organizations/departments are responsible for the actions of its members when they are operating on behalf of the organization/department.

Remedies for the complainant are designed to restore or preserve equal access to the University’s education program or activity.  Remedies need not be non-disciplinary or non-punitive and need not avoid burdening the respondent.  Remedies, accommodations, and protective measures for the complainant include implementing or extending all or some of the following actions, without limitation:

• a mutual or one-sided no-contact order;
• prohibiting an individual involved from being on University property;
• prohibiting an individual involved from participating in University-sponsored events;
• changing an individual’s on-campus residency, dining, or transportation arrangements, or prohibiting an individual from residing in a University residence;
• special parking arrangements;
• assistance in finding alternative housing, including reassignment to a different residence hall or room;
• changing an individual’s student or employee status or job responsibilities;
• changing an individual’s work or class schedule, including transferring to a different section of a course;
• providing academic accommodations or providing assistance with academic issues, including permission to withdraw from a course without penalty;
• providing security escorts;
• access to counseling and medical services;
• making information about orders for protection, harassment restraining orders, and criminal no-contact orders available to a complainant; and/or
• assistance identifying an advocate to help secure additional resources or assistance, including off-campus and community advocacy, support, and services.

Remedies designed to address the North Central University community include:

• increased monitoring, supervision, and/or security at locations or in connection with activities where the prohibited conduct occurred or is likely to reoccur;
• targeted or broad-based educational programming or training for relevant persons or groups.

The Title IX Coordinator is responsible for effective implementation of any remedies.

At times, the University may also recommend education, training, counseling, or other support services for those involved in the complaint resolution process, including complainants and witnesses – for examples, when individuals have engaged in high-risk use of alcohol or drugs.

5. Notice of Determination

The complainant and respondent shall be simultaneously informed in writing of the outcome of any formal complaint resolution process.

Prior to being provided the notice of determination, the parties and parties’ advisors will be required to sign a non-disclosure agreement.  The parties and parties’ advisors are prohibited from disseminating or otherwise sharing the notice of determination with any other individual, except as permitted in the non-disclosure agreement.

For complaints involving (1) Title IX Sexual Harassment or (2) Sexual Assault, Dating Violence, Domestic Violence, or Stalking occurring outside of an education program or activity or against a person outside the United States, the written notice shall include the allegations potentially constituting Sexual Misconduct, 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 the parties and witnesses, site visits, methods used to gather other evidence, and hearings held), findings of fact supporting the determination, conclusions regarding the application of the University’s policy to the facts, the determination regarding responsibility as to each allegation, any imposition of sanctions, whether remedies designed to restore or preserve equal access to the education program or activity will be provided to the complainant, and the rationales for the determination and sanctions (including how the evidence was weighed, how the information supports the result, and the standard of evidence applied). The written notice will also include information about the procedures and permissible bases for appeal, as set forth below, and when the result becomes final. In addition, the written notice shall include any other steps the University has taken to eliminate the conduct and prevent its recurrence.

For all other complaints of Sexual Misconduct, the written notice shall include the determination of the adjudicators.

In cases involving allegations of Title IX Sexual Harassment, the written notice of determination will generally be received within twenty-five (25) calendar days from the date the live hearing concluded.  In cases involving allegations of other forms of Sexual Misconduct, the written notice of determination will generally be received within twenty-five (25) calendar days from the date the adjudicators receive the adjudication file. In some cases, more time may be required.

The determination of the adjudicators may be appealed as provided below. In the event that no appeal is filed within the time periods prescribed below, the decision will be final and the sanctions, if any, will be effective.

6. Dismissal of Formal Complaint Prior to Adjudication

If the allegations in a formal complaint are initially included in the notice of allegations as allegations of Title IX Sexual Harassment, but facts are gathered during the course of the complaint resolution process that indicate that the alleged conduct does not meet the definition of Title IX Sexual Harassment, the University will dismiss the formal complaint as to those allegations.  Even if a formal complaint or any allegations of Title IX Sexual Harassment are dismissed, the University reserves the right to move forward with a complaint resolution process using the other Sexual Misconduct definitions and the other procedures in this Policy, as applicable.

In cases involving allegations of any Sexual Misconduct, the University may, at its discretion, dismiss the case prior to adjudication in certain circumstances.  Circumstances that may lead to dismissal prior to adjudication, include, but are not limited to: the complainant notifies the Title IX Coordinator in writing that the complainant would like to withdraw the formal complaint or any allegations therein, the respondent is no longer enrolled or employed by the University, or specific circumstances prevent the University from gathering evidence sufficient to reach a determination as to the formal complaint or allegations therein.

If the University dismisses a formal complaint, the University will promptly send written notice of the dismissal and the reasons for the dismissal simultaneously to the parties.  A dismissal of a formal complaint may be appealed as provided below.

XII. Appeal Procedures

Either the complainant or respondent may appeal a decision to dismiss a formal complaint or any allegations therein, as discussed above in the section XI(F)(6) Dismissal of Formal Complaint Prior to Adjudication.  The parties may also appeal the Title IX Hearing Panel’s/adjudicators’ decision regarding responsibility.

Grounds for appeals are as follows:

• Procedural irregularity that affected the outcome of the matter;
• 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;
• The Title IX Coordinator, investigator(s), or Title IX Hearing Panel/adjudicator(s) had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that affected the outcome of the matter; and
• The sanction or other response by North Central University under the formal resolution process was excessively severe or grossly inadequate.

A. Submitting an Appeal

Either party may request an appeal by submitting a written appeal statement, not to exceed 2,000 words, challenging the outcome of the complaint resolution process.  The written appeal statement must explain which of the bases above the party is citing for the appeal. A written appeal must be submitted to the Title IX Coordinator within two (2) calendar days following the date that the Notice of Determination was received by the complainant and the respondent. While the parties may be assisted by their advisors in preparation of the Written Appeal Statement, the Written Appeal Statement must be submitted by the party, must be the party’s own statement, and may not be used to submit the statements of others on the party’s behalf.  Failure to file a timely appeal constitutes a waiver of any right to an appeal.

The Title IX Coordinator will review the appeal statement to determine whether the appeal states a permissible ground for appeal (as set forth above), such that the appeal will be considered.  The Title IX Coordinator may remove or redact any portions of the appeal statement that exceed the word limit or that otherwise exceed the scope of information that may be considered in the complaint resolution proceeding (such as treatment records without consent, information subject to a legal privilege without a waiver, or evidence relating to the complainant’s prior sexual history if an exception does not apply).

If the Title IX Coordinator determines that the appeal states a permissible ground for appeal, the non-appealing party will be notified of the appeal and provided an opportunity to review the appeal statement and submit a written response in support of the outcome. Any written response from the non-appeal party in support of the outcome must not exceed 2,000 words and must be submitted to the Title IX Coordinator within two (2) calendar days of receiving notice of the appeal.  While the party may be assisted by their advisors in preparation of the responsive appeal statement, the responsive appeal statement must be submitted by the party, must be the party’s own statement, and may not be used to submit the statements of others on the party’s behalf.

The Title IX Coordinator will review the responsive appeal statement and may remove or redact any portions of the statement that exceed the word limit or that otherwise exceed the scope of information that may be considered in the complaint resolution proceeding (such as treatment records without consent, information subject to a legal privilege without a waiver, or evidence relating to the complainant’s prior sexual history if an exception does not apply).

The Title IX Coordinator generally will compile an appeal file, which may consist of any information, documents, or other evidence that is provided to the appeal officer. Such information may include the written appeal statement, the responsive appeal statement, the notice of determination, the adjudication file in its entirety or in part, any previously undiscovered evidence (if discovery of new evidence is a ground for the appeal), and any other information determined to be necessary for the appeal officer’s decision, at the Title IX Coordinator’s discretion.

For complaints involving allegations of (1) Title IX Sexual Harassment or (2) Sexual Assault, Dating Violence, Domestic Violence, or Stalking occurring outside of the education program or activity or against a person outside of the United States, the appeal file will be made available for review by the complainant and respondent. The Title IX Coordinator will provide a two (2) calendar day period for the complainant and respondent to have access to review the appeal file and such access generally will be provided during normal business hours in a designated on-campus location. The appeal file cannot be removed from that location, nor can copies be made or pictures taken of the contents.

In cases where the appeal file is made available for review as discussed above, the parties and parties’ advisors may use the appeal file reviewed at this step  and any additional information reviewed during the consideration of the appeal (see below), only for purposes of participating in the complaint resolution process and are prohibited from disseminating or otherwise sharing the appeal file or additional information with any other individual.  Prior to being provided access to the appeal file or any additional information, the parties and parties’ advisors will be required to sign a non-disclosure agreement agreeing to such terms.

Appeals will be considered by an appeal officer appointed by the Title IX Coordinator. Generally, the appeal officer will be a member of the Title IX Team who has not been previously involved in the complaint process, but the University reserves the right to appoint any trained appeal officer who is free of conflict of interest or bias. The appeal officer(s) will not be one of the Title IX Hearing Panel members/adjudicators, the investigator, or the Title IX Coordinator on the same matter. The parties shall receive written notice of the appointed appeal officer. If any party has a concern that the appeal officer has a conflict of interest, the party should report the concern in writing to the Title IX Coordinator as indicated in section X(I) Conflicts of Interest above.

B. Consideration of Appeal

The appeal officer will not rehear the case, but will receive and review the appeal file and consider whether it is more likely than not that the above-listed grounds for appeal have been satisfied. The appeal officer may choose to meet with the parties and consider other additional information, in the appeal officer’s sole discretion.  For cases of (1) Title IX Sexual Harassment or (2) Sexual Assault, Dating Violence, Domestic Violence, or Stalking occurring outside of the education program or activity or against a person outside of the United States, if the appeal officer receives any additional information, the parties shall have an opportunity to review the additional information.

If the appeal officer determines that there is sufficient evidence to conclude that it is more likely than not that one of the above grounds for appeal is satisfied, he or she will generally remand the matter for further investigation, deliberations by the Title IX Hearing Panel/adjudicators, and/or an additional live hearing, as determined by the appeal officer. If the appeal officer grants an appeal finding the imposed sanction excessively severe or grossly inadequate, the appeal officer has the discretion to modify the sanctions determination or to remand the matter to the Title IX Hearing Panel/adjudicators for a new sanctions determination.  If the appeal officer modifies the sanctions determination, the appeal officer’s sanction decision will be subject to an appeal pursuant to this section.  If remanded, the appeal officer, in consultation with the Title IX Coordinator, will determine whether the matter should be returned to the previous Title IX Hearing Panel/adjudicators or whether new Title IX Hearing Panel/adjudicators should review the matter, and, if the reasons for remand relate to the investigation or warrant additional investigation, whether the matter should be remanded to the previous investigator or whether a new investigator should be appointed.

The appeal officer may not change the adjudicator’s determination of whether the respondent was responsible or not responsible for a policy violation. Only the Title IX Hearing Panel/adjudicators reviewing the matter on remand from an appeal may change the determination of the original Title IX Hearing Panel/adjudicators of whether the respondent was responsible or not responsible of a possible violation.  Upon return, the investigator and/or Title IX Hearing Panel/adjudicators shall utilize the same process as required for all complaint processes under this policy.  If the matter is remanded, the determination made on remand will be appealable under the procedures discussed in this Section.

If the appeal officer determines that there is insufficient evidence to conclude that it is more likely than not that one or more grounds for appeal have been satisfied, the appeal officer will dismiss the appeal. This decision is final and is not appealable.  If the appeal officer dismisses the appeal, the sanctions will be effective on the date the appeal officer’s decision is provided to the parties.

The appeal officer will simultaneously issue to the parties a written decision describing the result of the appeal and the appeal officer’s rationale for the result. North Central University seeks to complete the appeal process within twenty (20) calendar days following the appeal officer’s receipt of the appeal file from the Title IX Coordinator; however, in some cases, more time may be required.

XIII. Complaints of Related Misconduct

Any complaint relating to retaliation or interference with process in violation of this policy or violations of supportive/interim measures, sanctions, the obligations in the complaint resolution process (section X(E) above,  or a nondisclosure agreement should be reported promptly to the Title IX Coordinator. The University will provide a prompt and equitable process for the resolution of complaints alleging retaliation or interference with process or a violation of supportive/interim measures, sanctions, the obligations in the complaint resolution process (section X(E) above),  or a nondisclosure agreement.

When the University receives a complaint of retaliation or interference with process or of violations of supportive/interim measures, sanctions, the obligations in the complaint resolution process (section X(E) above),  or a nondisclosure agreement, the Title IX Coordinator may exercise discretion to determine an appropriate responsive process based on the facts and circumstances. At the Title IX Coordinator’s discretion, options for resolution include, but are not limited to: informal discussions and resolution facilitated by the Title IX Coordinator, investigation and/or determination by the Title IX Coordinator, or assignment of a designated individual to investigate the complaint and/or determine an appropriate response. This process will be separate and distinct from the Complaint Resolution Process outlined above for addressing Sexual Misconduct complaints. The Title IX Coordinator will document the complaint received, the process used, and the outcome. In instances where the outcome of the process results in a suspension longer than one year, expulsion, or termination of employment, the impacted individual may appeal the decision in accordance with the appeal rights as set forth in this Policy. The University will notify the parties of the outcome of the complaint.

XIV. Alternative Procedures

Nothing in this policy is intended to interfere with the right of any individual to pursue other avenues of recourse which may include, but is not limited to, filing a complaint with the United States Department of Education’s Office for Civil Rights (OCR).

The OCR office for institutions located in Minnesota is:

U.S. Department of Education

Office for Civil Rights

Citigroup Center

500 W. Madison Street, Suite 1475

Chicago IL 60661-4544

Tel: 312.730.1560

TDD: 877.521.2172

Email: OCR.Chicago@ed.gov

XV. Recordkeeping

The Title IX Coordinator is responsible for maintaining the official University records of Sexual Misconduct reports and formal complaints. When a formal complaint is pending, each official having a role in the response and resolution process is responsible for handling records appropriate to their role. When the process is complete, the official records relating to the formal complaint will be provided to the Title IX Coordinator, who will maintain such records in accordance with the University’s record retention requirements and applicable law. Records related to Sexual Misconduct reports and formal complaints will be treated as confidential and shared only on a need-to-know basis, as required by law, or to conduct a complaint resolution process

Appendix A – Response to Sexual Assault and Resources

If you have personally experienced any form of Sexual Misconduct, tell someone as soon as possible. Your safety and well-being is paramount to North Central University. In an emergency, call 911 (if on campus, dial 9 for an outside line) or call the Office of Campus Safety at 612.343.4445.

Seek appropriate medical care as soon as possible for injuries, preventive treatment for sexually transmitted diseases, and possible evidence collection, even if the victim is uncertain whether he or she wants to press charges or pursue legal action.  Immediate medical examination, ideally within the first 24 hours after any Sexual Misconduct occurs, helps assure the preservation of evidence. Preserving evidence may be necessary for the proof of criminal Sexual Misconduct or to obtain a protection order. Following a Sexual Assault and prior to an examination, do not bathe, shower, brush teeth, comb hair, smoke, eat or drink or change clothes, and if possible, do not urinate; do not alter the scene of the assault. If you decide to receive an examination, bring another set of clothes to the hospital since clothes will be collected as part of the evidence.  The University will assist, at the direction of law enforcement authorities, in obtaining, securing, and maintaining evidence in connection with the incident, and in preserving any materials relevant to a University disciplinary proceeding, regardless of whether the employee or student files a formal complaint with the University.

Contact confidential on-campus and/or off-campus resources for emotional support, information, and/or advocacy.

Report the conduct to the Title IX Coordinator.  The Title IX Coordinator can arrange for supportive/interim measures and accommodations, including no contact orders.  The Title IX Coordinator can provide information to students who wish to obtain orders of protection or harassment restraining orders with local authorities.

1. Emergency Contacts

Minneapolis Police Department:

• Emergency: call or text 911 (dial 9 first if using a campus phone)

Campus Safety

• Emergency: 612.343.4444

2. On Campus Places to Report Sexual Misconduct

Title IX Coordinator:

• Jan Serumgard
  • Office Number: 612.343.4442
    

North Central University Campus Safety:

• Non-emergency: 612.343.4445

3. On-Campus Confidential Resources

Campus Pastor

• Joshua Edmon
• 612-343-4786
• jaedmon@northcentral.edu
• Joshua Edmon- Joshua also serves as our Dean of Multicultural Engagement, so you should be clear with him when you make an appointment if you are seeking a pastoral confidential resource.

Associate Dean of Discipleship and Residence Life

• Jonathan Thomas
• 612-343-4177
• jethomas@northcentral.edu

Student Success Center Counselors:

• Office Information:
  • Office Number: 612.343.5000

4. Off Campus Confidential Resources

RAINN (Rape Abuse, and Incest National Network):

• Get Help 24/7: 1.800.656.4673 (HOPE)

 

Sexual Violence Center:

• 24-Hour Crisis Line: 612.871.5111 or 952.448.5425

5. Healthcare Resources

Hennepin Healthcare:

• Sexual Assault Resource Service: 612.873.5832

701 Park Ave.

Minneapolis, MN 55415

Abbott Northwestern Hospital:

• Emergency Department: 612.863.4233

800 E. 28th Street

Minneapolis, MN 55407

Sexual Assault Nurse Examiners (SANEs) perform a special exam and collect evidence in a “rape kit.”  There is no charge for the SANE exam.

You can have a SANE exam within 120 hours after the rape or Sexual Assault.  The purpose of the SANE exam is to collect forensic evidence, receive preventative health care, and see if you have any physical injuries that need tending.  The exam will take place at the Sexual Assault exam site, in a confidential room with trained staff and volunteers.  During the exam, the SANE will collect evidence such as your clothing, DNA swabs, etc.  Prior to the exam, preserve all evidence and do not shower, bathe, change clothes, douche, brush teeth, drink or eat, or throw away any clothing until police or medical personnel say it is okay.  If you have done any of the above, it is still possible to do an exam, but it is not as effective.  So if possible, please try to avoid any of these actions.  Completing a SANE exam does not require you to file a police report.  But, it does help preserve evidence in case you decide to file a police report at a later date.  You have the right to a sexual violence advocate during your exam. Choosing to be seen by a SANE is about your health and safety; you have the right to decline any part of the exam at any time.

Medical examination costs incurred by a county, city, or private hospital or other emergency medical facility or by a private physician for the examination of a victim of criminal sexual conduct when the examination is performed for the purpose of gathering evidence shall be paid by the county in which the criminal sexual conduct occurred.  These costs include, but are not limited to, full cost of the rape kit examination and associated tests relating to the complainant’s sexually transmitted disease status and pregnancy status.

6. Ongoing Assistance Resources

Counseling Services/Mental Health:

Student Success Center (Students):

• Office Information:
  • Office Number: 612.343.5000

Cornerstone Minnesota

• Crisis Hotline: 1.866.223.1111
• Phone: 952.884.0376

Sexual Violence Center:

• 24-Hour Crisis Line: 612.871.5111 or 952.448.5425

Health Services:

Hennepin Healthcare:

• Sexual Assault Resource Service: 612.873.5832

Abbott Northwestern Hospital:

• Emergency Department: 612.863.4233

Victim Advocacy Services:

RAINN (Rape Abuse, and Incest National Network):

• Get Help 24/7: 1.800.656.4673 (HOPE)

Domestic Abuse Service Center:

• Hennepin County Government Center: 612.348.5073

Legal Assistance:

MN Coalition against Sexual Assault (MNCASA):

• Main Phone: 651.209.9993

Other Services:

Minnesota Department of Public Safety Office of Justice Programs:

• Main Phone: 651.201.7000

Minnesota Crime Victims Reparations Board:

• Main Phone: 612.201.7300 or 1.888.622.8799

Visa and Immigration Assistance:

Immigrant Law Center of Minnesota:

• Main Phone: 800.223.1368

Southern Minnesota Regional Legal Services:

• Main Phone: 888.575.2954

Student Financial Aid:

University Student Financial Services

• Main Phone: 612.343.4487

North Central University provides employees with benefits through the institution access to an Employee Assistance Program (EAP) through HealthPartners. You or any one of your family members can access this program by calling (866) 326 – 7194 24 hours a day, 7 days a week. Everything you do with HealthPartners EAP will be confidential.

Appendix B – Formal Complaint Process – Summary

1. Formal Complaint Filed with Title IX Coordinator:

Complainant files a formal (signed, dated) written complaint with the Title IX Coordinator.

2. Initial Review and Assessment – 10 days:

Title IX Coordinator has preliminary meetings with the complainant and the respondent.

3. Investigation – 45 days:

The investigator will conduct the investigation in a manner appropriate to the circumstances of the case, which will typically include audio-recorded interviews with the complainant, the respondent, and any witnesses.

4. Access to Information:

The access to information provided in a particular case, if any, will depend on the circumstances of the formal complaint.  See section XI(F)(2) Access to Information above for more information.

5. Adjudication – 25 days:

The adjudicators provided in a particular case will depend on the circumstances of the formal complaint.  See section XI(F)(3) above for more information.

6. Appeal – 20 days:

Either party may request an appeal by submitting a written appeal statement, which must explain which of the bases above the party is citing for the appeal.

 

Appendix C – Prevention, Awareness, and Education

All incoming students and new employees are required to watch a Sexual Violence Prevention video produced by TrainED.

Title IX Training:

It is the policy of North Central University to make available annual training and educational opportunities to all students and employees regarding the prevention of Sexual Misconduct. Students receive training at new student orientation and annual Title IX training for all students during chapel programming each fall. Students starting mid-academic year shall receive training at the start of the spring term.

North Central University provides comprehensive educational programming to all students and employees that increase awareness about Sexual Misconduct issues and provides meaningful guidance for preventing and responding to incidents of Sexual Misconduct, including Domestic Violence, Dating Violence, Sexual Assault, Stalking, and Sexual Exploitation. These Sexual Misconduct prevention and awareness programs are, informed by research and/or assessed for value, effectiveness, or outcome.

These programs and others offered throughout the year include strong messages regarding not just awareness, but also primary prevention, including bystander intervention, risk reduction techniques, recognition of warning signals, and how to avoid attack.

1. Faculty and Staff Training:

Employees receive annual training in the fall and during new employee orientation.

All new employees are required to watch a Sexual Violence Prevention video produced by TrainED.  Additional in-person trainings will be provided based on the needs of the community.

1. Title IX Training:

NCU shall train all individuals involved in the complaint resolution process.

1. Title IX Coordinator Training:

The Title IX Coordinator is required to participate in annual Coordinator training(s).  Additionally, the Coordinator will attend both the Investigator and Title IX Hearing Panel/Adjudicator training at least once.

1. Title IX Title IX Hearing Panel/Adjudicator Training:

North Central University provides training for all Title IX Hearing Panel members and Adjudicators appointed by the Title IX Coordinator to assist in making determinations in formal complaints of Title IX Sexual Harassment, Domestic Violence, Dating Violence, Sexual Assault, Stalking, and Sexual Misconduct in all of its forms. At least annually the Title IX Coordinator shall review all currently trained and appointed Title IX Hearing Panel members and Adjudicators to ensure their training is current.

1. Title IX Investigator Training:

North Central University provides training for all Investigators appointed by the Title IX Coordinator to assist in responding to informal and formal complaints of Sexual Misconduct. At least annually the Title IX Coordinator shall review all currently trained and appointed Investigators to ensure their training is current.

APPENDIX D – Bystander Intervention

1. Overcoming Barriers to Intervening:

There are times when overcoming barriers to intervene on someone’s behalf may be intimidating. Reasons considered barriers may include:

1. Thinking others may intervene
2. Uncertain if someone is in danger
3. Uncertain of how to provide assistance
4. Fear for personal safety
5. Fear of retaliation
6. Intervening may cause you to get in trouble for something else (i.e. alcohol or drug use)

Overcoming barriers is important for everyone’s safety. Recognizing the harm Sexual Assault and other types of Sexual Misconduct does to the complainant as well as the community should encourage you to be equipped with options to overcome barriers. These options may include:

1. Enlisting the help of others present
2. Knowing what campus or local resources are available to assist
3. North Central University’s conduct amnesty policy

2. Identifying Safe and Effective Intervention Options:

When identifying safe and effective intervention options, factors to consider are:

1. What resources available such as:
   1. Counseling services on campus
   2. Campus Safety
   3. Minneapolis Police Department
2. The risk of taking action for your personal safety
3. Someone else in a better position to intervene
   1. It should not be assumed someone will intervene
4. Whether or not there is a threat of immediate harm

3. Taking Action to Intervene:

There are safe ways to take action to intervene. This may prevent a Sexual Assault or other types of Sexual Misconduct from occurring. Actions to intervene may include:

1. Call for help or report the situation
   1. Campus Safety
   2. Minneapolis Police Department
   3. Resident Directors
   4. Resident Advisors
2. Enlisting the help of others present
   1. Someone else may know the parties better than you
   2. Safety of everyone, including yourself, is paramount
3. Creating a distraction to diffuse the situation
   1. This may include changing the conversation or focusing the attention of one or both parties to something or someone else
   2. Be willing to be more direct if safety is at risk
   3. Weigh the risks of personal safety and the safety of those involved
4. Potential questions to ask the involved party:
   1. Do you feel safe?
   2. Are you in need of help?
   3. Is everything alright?
   4. Is there someone I can call to give you a ride?
   5. Should I call Security?
   6. Would you like me to call the police?
   7. Do you have a friend who can walk you home?

APPENDIX E – Minnesota Criminal Law Definitions, Crime Victim Bill of Rights, and Information Sharing During a Criminal Investigation

Some of the conduct prohibited by this policy may be crimes.  Links to relevant Minnesota criminal law definitions are provided below.  Additional information regarding Minnesota criminal law can be found in the discussion of programs to prevent Dating Violence, Domestic Violence, Sexual Assault, and Stalking in the University’s Annual Security Report.  The Minnesota criminal law citations are provided for informational purposes only.  The definitions set forth in section V. Prohibited Conduct above will be used for all purposes under this policy.

Sexual Assault:

Sexual Assault is a criminal act under state law. See Minnesota Statutes Section 609.341 et seq. for applicable criminal law definitions of criminal sexual conduct in Minnesota. Minnesota law prohibits criminal sexual conduct in the first through fifth degrees as set forth in Minnesota Statutes Sections 609.342-609.3451; criminal sexual conduct includes non-consensual sexual contact and non-consensual sexual penetration as those terms are defined in Minnesota Statutes Section 609.341.

Domestic Violence:

Domestic Violence also may be called domestic abuse or spousal/intimate partner/relationship abuse or violence and is prohibited by state law. See Minnesota Statutes Section 518B.01; 609.2242 for applicable criminal law definitions related to Domestic Violence in Minnesota.  Minnesota law prohibits domestic abuse committed against a family or household member by a family or householder member, as those terms are defined in Minnesota Statutes Section 518B.01.

Dating Violence:

Dating Violence may also be referred to as intimate partner/relationship abuse or violence and is also prohibited by state law. See Minnesota Statutes Section 518B.01; 609.2242 for applicable criminal law definitions related to Dating Violence in Minnesota. Minnesota law does not specifically define dating partner violence; however, Minnesota law prohibiting domestic abuse includes physical harm, bodily injury, or assault committed between persons involved in a significant romantic or sexual relationship.

Stalking:

Stalking is also prohibited by state law. See Minnesota Statutes Section 609.749 for applicable criminal law definitions relating to Stalking. Minnesota law prohibits Stalking as defined in Minnesota Statutes Section 609.749.

Crime Victims Bill of Rights

When a crime is reported to law enforcement, victims have certain rights as the case moves through the criminal justice system. These rights include the right to be notified of certain court and correctional events, the right to participate in prosecution, the right to protection from harm, and the right to apply for financial assistance.  A summary of these rights is provided below.

The following is a summary of crime victims’ rights under Minnesota law.

When a crime is reported to law enforcement:

Victims have the right to:

• Ask the law enforcement agency to keep your identity private in reports available to the public.
• Be notified of certain crime victim rights and information on the nearest crime victim assistance program or resource.
• Apply for reparations (financial compensation) for non-property losses related to a violent crime.
• In cases of violent crime and domestic abuse where an arrest has been made, be provided notice of the release of the offender along with information on the release conditions and supervising agency.

When a case is prosecuted:

Victims have the right to be notified of:

• The prosecution process and your right to participate in it.
• Information on the nearest crime victim assistance program or resource.
• The right to apply for reparations (financial compensation) for non-property losses related to a violent crime.
• A proposed pretrial diversion referral.
• A change in the hearing schedule if subpoenaed or asked to testify.
• The right to request restitution from the offender upon conviction.
• The contents of a proposed plea agreement.
• The outcome of the case.
• After conviction and upon request, the release or escape from custody of the offender from jail or prison or transfer to a lower security facility.
• An appeal and the right to attend the related hearing and to be notified of the result of that appeal.
• In felony or violent crime cases, a proposed modification to the sentence, the related hearing, and the right to provide input.
• A petition for expungement, upon request.

Victims have the right to participate in the process:

• Provide input in a pretrial diversion decision.
• Ask the prosecutor to request a speedy trial.
• Be notified of and attend the plea and sentencing hearings.
• Object to a proposed plea agreement at the plea hearing.
• When a presentence investigation (PSI) is conducted, provide information about the impact of the crime and your position regarding the proposed disposition.
• Give a victim impact statement at the sentencing hearing in writing or orally.

Certain rights address victims’ safety, privacy, and protection, including the right to:

• Be notified of and provide input for a bail hearing in cases of violent crime and domestic abuse.
• A secure waiting area or safeguards against the offender and his/her supporters in the courthouse.
• Report witness tampering or violations of no contact or restraining orders.
• Ask that your home and employment addresses, telephone numbers, and birthdate be withheld from the offender and in open court.
• Protection against employer retaliation for you or your family member(s) taking reasonable time off to attend hearings or to testify in cases of violent crime.
• Make a confidential request that the court order an HIV test of the convicted offender in cases of Sexual Assault and some violent crimes.
• In homicide cases, to seek a court order preventing an offender from disposing of the deceased victim’s property. Laws also prevent an offender from financially benefitting from the crime.

To address the financial impact of the crime, victims have the right to:

• Apply for reparations (financial compensation) for non-property losses related to a violent crime.
• Seek restitution from the offender for out-of-pocket expenses directly related to the crime if the offender is convicted.
• Ask the offender’s probation officer to schedule a hearing if the offender fails to pay restitution.
• Pursue a civil case against the offender for your losses, whether or not criminal charges have been filed.

Domestic Violence, Sexual Assault, and Stalking victims have the right to:

• Be informed by the prosecutor of any decision to decline or dismiss a case along with information about seeking an order for protection or harassment restraining order at no cost.
• Terminate a lease without penalty or payment to escape a violent situation.
• If a Domestic Violence victim, obtain at no cost a copy of the incident report the responding law enforcement agency is required to write.
• If a Sexual Assault victim, have a confidential Sexual Assault examination at no cost and receive notice of rights and resources from the medical facility.
• If a Sexual Assault victim, refuse a polygraph examination without impacting whether the investigation or prosecution will proceed.

Complete information about crime victims’ rights can be found at the DPS website.  Information about victims’ rights also is available from the Title IX Coordinator or from the Minnesota Department of Public Safety, Office of Justice Programs, and in Minnesota Statutes Chapter 611A

Information Sharing during Parallel Investigations

In a case of Sexual Misconduct where a criminal investigation has been commenced by law enforcement authorities, the procedures outlined in this policy and stated timelines may be adjusted as reasonably required to avoid interference with the criminal justice process.  The University will not delay its investigation and resolution processes in order to wait for the conclusion of a criminal investigation or proceeding.

North Central University has an active Memorandum of Understanding with the Minneapolis Police Department (MPD) in regards to Sexual Assault and other forms of Sexual Misconduct, Domestic Violence and Stalking, Collection of Crime Statistics, Emergency Notifications and Timely Warnings, and Training.

North Central University and the Minneapolis Police Department will communicate regularly during their respective investigations, to the extent permitted by law.  The University and MPD recognize the need to balance the interests of the criminal process and the University’s obligations under state and federal law.

If necessary to prevent interference with the Minneapolis Police Department’s criminal investigation, MPD will provide North Central University a report of Sexual Misconduct involving a student-victim. MPD will provide North Central University with the victim’s name and basic information about the incident upon the written consent of the victim(s).  In some cases, the institution may need to take immediate interim action to protect the victim(s) and keep the campus safe.  However, upon MPD’s request, the University will delay taking action to the extent reasonably possible to prevent interference with the criminal investigation. Upon such notice by MPD, North Central University will limit information regarding the incident to only those administrative units with a need to know to protect the campus community. In such cases, MPD will notify the institution when it has completed its initial investigation and notification to the parties the Title IX Coordinator will not interfere with the criminal investigation.

When the University receives a report of Sexual Misconduct, it will inform the complainant of its potential coordination with MPD and will make the complainant aware of his or her right to make a criminal report, if the complainant desires.  If the complainant requests, North Central University will coordinate and assist the victim in contacting MPD.

North Central University will inform MPD regarding the institution’s administrative complaint process, protective measures, campus resources, and information provided to victims regarding preservation of evidence. MPD agrees that its investigators will strive to provide this information to student-victims interviewed in cases involving Sexual Misconduct.

Upon request, the University and MPD will provide one another with information and records to the extent allowed or required by law and in accordance with the terms of the Memorandum of Understanding.  The University will not release personally-identifiable information to MPD without the individual that reported the alleged misconduct’s consent, unless required by law.

History

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• 2021-08-25 – Amended. Updated confidential resources and reporting options.
• 2020-08-13  – Revised
• 2019-07-11 – Revised