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Remedial actions may be taken to restore any losses suffered as a result of a violation of this Policy. In cases involving an undergraduate student as respondent, the Assistant Vice President for Student Life is the Deciding Administrator.
Examples of remedial actions include, but are not limited to, reevaluation of a grade, an evaluation completed by someone other than the respondent, reconsideration of an application for employment, placement in a position, back pay and lost benefits, withdrawal of a disciplinary action, alteration of class schedule, or a change of housing. 21-5604 Other definitions include: Sexual Intercourse – K. In cases involving a graduate student as respondent, the Dean of the Graduate School is the Deciding Administrator.
Complaints and other information may be disclosed to state or federal anti-discrimination agencies for investigations or audits, and during litigation. 21-5111 Dating Violence – A type of domestic violence where the perpetrator is or has been involved in a social relationship of a romantic nature with the victim. In cases where the respondent is a vendor, guest, or visitor, the official with authority over the applicable area or department where the conduct occurred will usually serve as the Responsible Administrator. Deciding Administrator: The Deciding Administrator is always a University official with authority to implement the recommendations of an ART, and is usually the direct supervisor of a respondent who is an unclassified University employee.
Persons who violate this Policy are subject to sanctions. They may include, among other appropriate sanctions, "no contact" orders, warnings, probation, educational and/or training requirements, notations on transcripts, exclusion from the campus, dismissal from employment, and/or suspension or expulsion from the University. Domestic and Dating Violence: Domestic and dating violence, which is prohibited regardless of whether it is conduct of a sexual nature, includes: Domestic Violence – K. For University Support Staff ("USS") employees, the Deciding Administrator is the Director of Employee Relations and Engagement ("DER").
With respect to alleged sexual violence, the University offers reasonable and available changes to academic, living, transportation, and working situations if requested, regardless of whether a criminal complaint is made to police or whether the report or complaint otherwise falls outside this Policy's jurisdiction. The Deciding Administrator will often serve as the Responsible Administrator for the same complaint.
Certain changes may not be available unless a violation of this Policy is found. A Deciding Administrator does not serve as the Appeal Administrator regarding the same complaint, except in the case of USS employees as respondents.
Reports or initial complaints made within 180 calendar days to a supervisor or administrator with reporting responsibilities under Section C will be reviewed by OIE as having been made within the 180-day period.OIE may require a vendor to include an OIE staff member as part of an investigation if OIE believes participation is necessary to ensure that the University's interests under this Policy are appropriately addressed. Consent will not necessarily be inferred from silence or passivity alone. Retaliation: In this Policy, retaliation is any materially adverse action taken against an individual because he or she has: (1) openly opposed a policy or practice the individual believed was a violation of this Policy or state or federal anti-discrimination law; (2) engaged in protected activity such as making a request for a reasonable accommodation; or (3) participated in the investigation or resolution of a report or complaint under this Policy or under state or federal anti-discrimination law.Complaints and other information obtained through this Chapter 3010 process shall not be disclosed to anyone who does not have a need to know in connection with the Chapter 3010 process. Whether someone has given consent is based on the totality of the circumstances, including the context. There must be a sufficient causal nexus between the protected activity and the adverse action. Responsible Administrator: In this Policy, the Responsible Administrator is typically the University official with authority to implement the recommendations of an Administrative Review Team ("ART"), and is usually the direct supervisor of a respondent who is a University employee.This requirement applies to reporters, complainants, respondents, witnesses, and any others involved with a report or complaint. Once consent to a sexual act has been given, consent can be withdrawn if communicated to the other person before or during that sexual act. In cases involving a student or graduate student as respondent, a representative of the Office of Student Life or the Graduate School, respectively, is the Responsible Administrator.The University cannot guarantee absolute confidentiality, but the University will endeavor to keep the matter confidential to the extent possible, consistent with preventing future acts of discrimination, harassment or retaliation, providing a remedy to persons injured, allowing respondents to reply to a complaint if it warrants an administrative review, and complying with applicable law. A person has capacity to consent to a sexual act if he/she: A person may be incapable of giving consent because of mental deficiency or disease, or because of the effect of any alcohol, narcotic, drug or other substance that renders the person incapacitated, when that condition is known by the offender or is reasonably apparent to the offender. Stalking: In this Policy, stalking is any conduct that meets the elements of K. In cases involving a student or graduate student as complainant, a representative of the Office of Student Life or the Graduate School may be on the ART as an additional Responsible Administrator, if requested by OIE.