Procedures and Investigations

A person who experiences sexual assault should take steps to preserve evidence as soon as possible after the incident, even if he or she is unsure about reporting it. To better preserve evidence:

• • Do not shower or douche.
  • Try not to urinate. Urinating may reduce the ability to detect “date rape” drugs.
  • If there was oral contact, do not smoke, eat, or brush your teeth.
  • Do not change clothes. 如果你已经换了衣服，把它们放在纸袋里，因为塑料会破坏证据. 如果你没有换衣服，那就穿上原来的衣服，多带一套回家穿.
  • 物理证据恢复工具包(PERK)将有助于保存攻击的法医证据. 告知您的医疗保健提供者您希望尽快进行PERK手术.

Sexual harassment or other misconduct against University employees in the workplace may violate both this policy and/or the University’s Harassment (http://u7omm7l.bominshizhen.com/policies/policy/university-policies/employment/employee-responsibilities-and-standards/harassment/) and Non-Discrimination Policy (http://u7omm7l.bominshizhen.com/policies/policy/university-policies/employment/recruitment-and-selection/equal-employment-opportunity/). 举报不涉及性侵犯或其他暴力的工作场所性骚扰, 鼓励员工遵循本文件所载的报告程序. If workplace misconduct does involve sexual assault or other violence, 员工不应该试图直接与被告解决问题. In such cases, 员工应直接向第九条协调员或人力资源总监报告此事.

员工可以通过访问DSU主页向第九条协调员提交报告, clicking on the myDSU tab, scroll down and click on the DSU C.A.R.E.S tab and fill out the report. Once submitted, it will go directly to the Title IX Coordinator’s email address. 您也可以致电(662)846-4690致电第九条协调员或发送电子邮件至titleix@bominshizhen.com. Please make sure you include your contact information.

If a report is made to an employee of the University other than those listed above, 该员工可能有也可能没有义务向第九条协调员报告投诉, depending on the employee’s position and job duties. See below for clarification.

根据第九章和本政策，所有大学员工都被视为“负责任的员工”. When a Responsible Employee receives a report of sexual harassment, 他或她有义务向第九条协调员报告这一指控. As discussed below, there is a single, narrow exception to this mandatory reporting requirement where the alleged misconduct involves nonviolent employee-on-employee workplace harassment.

The University will endeavor to keep reported information about sexual misconduct private to the greatest extent possible, but cannot guarantee that all information it receives will be kept confidential. Once a report is submitted to a Responsible Employee, the University has a duty to investigate the matter and endeavor to protect the safety of members of the community. In some instances, 这意味着必须向参与调查的个人提供某些资料.

Upon receiving a report of sexual misconduct, the Title IX Coordinator will attempt to contact the person who made it (the “complainant”) to determine his or her wishes with respect to privacy. 如果投诉人要求对其身份或其他信息保密, or that no disciplinary action be pursued, the University will give careful consideration to that request. However, there may be instances in which such requests cannot be honored, as they would impair the University’s ability to ensure a safe and non-discriminatory environment for all students. Factors considered include, but are not limited to:

• The risk of the accused committing other acts of sexual misconduct, such as where other complaints have been made against the same person.
• The risk of sexual misconduct of a similar nature, 比如多起袭击发生在同一地点或涉及同一团体.
• The use of physical violence and/or weapons.
• The involvement of multiple alleged perpetrators.
• 指控被告威胁或报复投诉人或其他人.
• The complainant’s age.
• The parties’ rights and/or the University’s obligations under the Family Educational Rights and Privacy Act (FERPA) and other applicable privacy laws.

If the University determines it can honor a request to keep information private, 它将采取符合这项要求的步骤，确保投诉人和其他人的安全. However, complainants should understand that honoring a request for privacy necessarily will impair the University’s ability to investigate and normally will prevent any disciplinary action from being taken against the accused. If someone who initially requested privacy later requests an investigation, the University will honor that request. However, delays may impair the University’s ability to conduct a thorough investigation or take appropriate remedial action.

If the University determines it cannot honor a request for privacy, it will inform the complainant before any disclosure is made. The University will take whatever steps it deems necessary to protect the complainant and to ensure that information is available only to those who have a legitimate need to know. The University will make it clear to the accused party and others receiving information that any act of retaliation against the complainant will not be tolerated.

A Responsible Employee is any DSU employee (a) who has actual authority to redress sexual harassment; (b) who has been given the duty of reporting incidents of sexual misconduct or any other misconduct to appropriate University authorities; or (c) who a student would reasonably but mistakenly believe has this authority or duty.

The Responsible Employee designation applies to professors and other faculty, deans and department heads, athletic coaches and administrators, personnel in the Vice President of Student Affairs’ Office, University Police Department personnel, resident assistants and directors, and any other employee who meets any of the three elements above. If you are uncertain whether you or someone else is a Responsible Employee, the Title IX Coordinator can help you make that determination.

Confidential Employees– Certain employees are specifically exempted from Responsible Employee status. These include (1) licensed counselors, such as those at the Campus Counseling Center, (2) health care providers such as those at the O.W. Reily Student Health Center; and (3) pastoral counselors. These employees are not required to relay any information about reported sexual misconduct to the University. Faculty members with duties that meet the above descriptions are exempted from mandatory reporting for information received when acting in their counseling or clinical capacity, but not for information received in other settings, such as office hours with students.

When a Responsible Employee receives a report of sexual harassment, they have a mandatory duty to report that allegation to the Title IX Coordinator. This means that the Responsible Employee must inform the Title IX Coordinator, 即使遭受骚扰的人要求员工不要这样做. Consequently, individuals who experience sexual harassment should not presume that informing these employees will result in remedial action by the University. They should instead report the matter directly to the Title IX Director.

对于负责任员工的强制性报告要求有一个狭窄的例外. If the alleged sexual misconduct is harassment of one employee by another employee and there is no allegation of sexual assault or other violence and no student or minor allegedly was involved, then a Responsible Employee may, in his or her discretion, decide not to report the incident to the Title IX Coordinator.

This exception recognizes that employees may wish to confer with co-workers about incidents of non-violent harassment without immediately triggering a university investigation. It applies solely to the reporting obligation addressed in this policy. It does not relieve any employee of any other reporting obligation he or she may have under any other policy or law. In all cases, all employees are strongly encouraged to inform their co-workers of their options for reporting workplace harassment or other sexual misconduct to the University.

Responsible Employees are required to notify the University’s Title IX Coordinator when they learn of sexual misconduct against any member of the University community, guest on campus, or participant in any University program.

• Reporting should be prompt. A Responsible Employee should report an incident of sexual misconduct to the Title IX Coordinator as soon as is practical under the circumstances.
• Reporting is not discretionary. To be clear, aside from the single exception described above, the obligation to report sexual misconduct is not discretionary. A Responsible Employee may not, for example, 决定不举报被指控的不当行为，因为他或她认为情况不够严重, or because he or she does not believe it happened. 这些决定是由第九条协调员和适当的大学官员做出的.
• Independent responses are prohibited. Under no circumstances may any employee, department, organization, or division of the University attempt to resolve unilaterally any complaint of sexual misconduct that is required to be reported under this policy. In these cases, the Responsible Employee must always notify the Title IX Coordinator first, 在与有关官员协商后，由谁决定适当的回应.
• Inform students of your obligations. Many Responsible Employees can reasonably anticipate the possibility that students may report sexual misconduct to them. 学校鼓励这些员工提前告知学生他们的报告义务. When sexual misconduct is actually reported, the employee should tell the reporting person as early in the conversation as possible that any information provided will have to be relayed to the Title IX Coordinator, and that if the reporting person prefers to keep the information confidential, the University has resources such as the Campus Counseling Center and O.W. Reily Student Health Center that can provide confidential assistance.
• Tell the reporting person what will happen next. A Responsible Employees should tell the person reporting sexual misconduct (1) that they will be informing the Title IX Coordinator of the incident; (2) why they are sharing this information—i.e., their obligation to inform those on campus in a position to respond; and (3) that the University will contact them to provide additional information and support.
• Do not share the information with others. Once you have informed the Title IX Coordinator, your reporting duties are complete. You may not share the information with anyone else. If your supervisor or someone you report to expects to be notified of such reports, you may inform them that you have relayed a complaint to the Title IX Coordinator, and that they may contact the coordinator directly with questions or concerns.
• Failure to report. Failure of a responsible employee to report an incident or incidents of sex or gender harassment or discrimination of which they become aware of, is a violation of university policy and can be subject to disciplinary action for failure to comply with university policies.

While the University does not condone violations of its policies, reporting incidents of sexual misconduct is of paramount importance. Thus, the University will not pursue disciplinary action against any person for possession or consumption of alcohol or drugs, when that possession or consumption is revealed in the course of a good faith report of sexual misconduct or other good faith statements made in connection with an investigation under this policy.