These persons who reside in supervisory capacities are considered mandatory reporters. Those include: Deans, the President, Vice Presidents, department chairs, all faculty members, any employee at the university police department, and any employee in athletics, student life, student activities, student conduct, or human resources. There are no changes to Henderson State University’s mandatory reporter policy as a result of the new Title IX regulations.
Yes, we will incorporate the mandatory definitions from the new Title IX regulations, including the definitional change made to sexual harassment. The additional categories under Title IX which may be investigated are sexual assault, dating violence, domestic violence, and stalking. All of these categories, including sexual harassment, are forms of sexual discrimination as recognized under Title IX. We do not intend to change definitions that are not required by law to be changed.
Yes, involved parties will have the opportunity to file a formal complaint and have that complaint reviewed by either the Office of Student Conduct or Human Resources, whichever campus resource is applicable. This will be a separate process outside of Title IX. This option will be afforded to all complaints which are dismissed under Title IX for failing to meet the jurisdictional requirements set forth in the new regulations.
We currently use the preponderance of the evidence standard in evaluating Title IX claims (which is the standard used throughout West Virginia law in state agency administrative matters, for instance).
Yes – involved parties affiliated with the University whose complaints are dismissed under the Title IX grievance procedure due to failure to meet jurisdictional requirements will still be afforded access and provided information for both on campus and off campus resources.
No – we can no longer provide anonymity to any involved party (reporting party, witness, Complainant, Respondent). However, we will continue to afford confidentiality, to the greatest extent allowed by law, to all parties.
In the cases where it is allowed, informal resolution can only be considered if both the Complainant and Respondent agree to participate, and only after a full and impartial investigation has been conducted. No one can or will force a party into an informal resolution and if at any time either party determines they want to go back to the formal investigation process, they can. The University cannot facilitate an informal resolution without that written agreement between both parties. Regardless of the type of Title IX allegation, the University cannot utilize an informal resolution where the Complainant is a student and the Respondent is an employee (faculty/staff). We currently offer informal resolution. That will continue.
Yes – participation is optional for all involved parties and participants in the Title IX process.
Yes – we have always recognized and will continue to recognize the right for any involved party to have an advisor of their choosing in any portion of the Title IX grievance procedure. In the investigation stage prior to the live hearing, an advisor may not speak for an involved party and the right to use an advisor is optional. The new regulations require that during the live hearing, the Complainant and Respondent must have an advisor. . If either party does not have an advisor, the University must provide one. The Office of Title IX will provide a list of trained advisors to all participants which may be utilized at any time during the Title IX grievance procedure.