Policies & Regulations

TITLE IX (SEXUAL HARASSMENT DISCRIMINATION)


GRIEVANCE PROCEDURE


GRIEVANCE ISSUES




The Title IX (Sexual Harassment Discrimination) Grievance Procedure applies only to allegations of Sexual Harassment Discriminationoccurring in the United States and in an educational program or activity of anycampus within the Arkansas State University System, which is made by a personparticipating in or attempting to participate in an educational program oractivity of the campus. Sexual Harassment Discrimination refers specifically toallegations of Sexual Harassment under Title IX, Sexual Assault, Stalking,Domestic Violence, and Dating Violence, as those terms are defined below(collectively, “Sexual Harassment Discrimination”). Sexual Harassment underTitle IX is defined as unwelcome gender-based verbal or physical conduct andoccurs when:
Submission to, or toleration of, such conduct is made a term or condition of instruction, employment, or participation in other university activities;Submission to, or rejection of, such conduct is used as a basis for employment or education decisions affecting the individual; orSuch conduct is severe, pervasive, and objectively offensive such that it has the effect of unreasonably interfering with an individual's education or employment performance.Sexual Assault occurs when a person is subjected to anunwanted sexual act without consent. Sexual acts occur without consent whenthey are performed by force, in response to a threat, against a person’s will,or where a person is incapable of giving consent due to minority, intellectualimpairment, or use of mind-altering substances such as drugs or alcohol.
Stalking is defined as engaging in a course of conductdirected at a specific person that would cause a reasonable person to (A) fearfor his or her safety or the safety of others; or (B) suffer substantialemotional distress.
Domestic Violence is defined as felony or misdemeanorcrimes of violence committed by a current or former spouse of the victim, by aperson with whom the victim shares a child in common, by a person who iscohabitating with or has cohabitated with the victim as a spouse, by a personsimilarly situated to a spouse of the victim under the domestic or familyviolence laws of the State of Arkansas, or by any other person against an adultor youth victim who is protected from that person’s acts under the domestic orfamily violence laws of the State of Arkansas.
Dating Violence is defined as violence committed by aperson (A) who is or has been in a social relationship of a romantic orintimate nature with the victim; and (B) where the existence of such arelationship shall be determined based on a consideration of the followingfactors: (i) the length of the relationship, (ii) the type of relationship, and(iii) the frequency of interaction between the persons involved in therelationship.


 

REPORT OF SEXUAL Harassment DISCRIMINATION
Any employee, student, or visitor participating in orattempting to participate in an educational program or activity offered by acampus in the Arkansas State University System who believes he or she has beensubjected to Sexual Harassment Discrimination should report the incident to theapplicable campus’s Title IX Coordinator utilizing the reporting form availableon the Title IX web site for the campus. Employees with supervisoryresponsibilities includingdeans, vice chancellors, department chairs, faculty, student conduct personnel,human resources personnel, athletic administrators, coaches, and university police personnel must report incidents ofSexual Harassment Discrimination either observed by them or reported to them tothe Title IX Coordinator. In the event the Sexual Harassment Discriminationallegation is against the Title IX Coordinator, the report form should besubmitted to the Office of General Counsel. Reporting may be done by telephone,fax, email, or a hard copy communication, and may be submitted during oroutside of business hours. In order to ensure timely investigation and remedy,a Sexual Harassment Discrimination grievance should be activated within sixty(60) days from the time the events leading to the complaint occurred as delayin reporting impedes the ability to achieve prompt resolution. Reports ofSexual Assault, Sexual Violence, Stalking, Domestic Violence, and DatingViolence will be reported to law enforcement authorities, if such a report isnot prohibited by law.
Criminal investigations by any law enforcement agenciesor investigations conducted under the Faculty, Staff, or Student Handbooks mayoccur simultaneously with a Title IX (Sexual Harassment Discrimination)grievance.
TITLE IX COORDINATOR’S RESPONSE       
Upon receipt of a report of an allegation of Sexual Harassment Discrimination, the Title IX Coordinator will contact the person alleged to have been subjected to the Sexual Harassment Discrimination (hereinafter referred to as a “Complainant”) within two (2) business days. During the initial contact, the Title IX Coordinator shall notify the Complainant of available supportive measures with or without the filing of a formal complaint, the process for filing a formal complaint, and the potential code of conduct violations for knowingly providing false information.  If the Complainant decides to file a formal complaint, the Complainant must submit a written and signed statement of the facts surrounding the allegations sufficient to allow the Title IX Coordinator to determine whether:a.      the actions alleged to have occurred meet thedefinition of Sexual Harassment, Sexual Assault, Dating Violence, DomesticViolence, or Stalking;
b.      the actions alleged to have occurred wereperpetrated against someone who was engaged in or attempting to engage in aneducational activity or program offered by the campus;
c.      the actions alleged to have occurred wereperpetrated by someone who is a student or employee of the campus, if theperson’s identity is known;
d.      the acts alleged to have occurred took placeagainst a person located in the United States; and,
e.      the acts alleged to have occurred took placein a location or under circumstances over which the campus exercisessubstantial control, including but not limited to on campus buildings,buildings owned or operated by registered student organizations, or during offcampus class events.
The formal complaint may be submitted electronically orin hard copy format. If the Complainant determines that he or she does not wishto pursue a formal complaint, the Title IX Coordinator shall assist theComplainant with appropriate continued supportive measures, and shall make adetermination as to whether or not, based on the information that the Title IXCoordinator has at that time, the Title IX Coordinator will sign a formalcomplaint. The Title IX Coordinator shall only sign a formal complaint over theobjection of a Complainant in the event that, based on the available facts atthe time, failure to do so would be clearly unreasonable and would amount todeliberate indifference.    
Following the receipt of the formal complaint, the Title IX Coordinator will send a Notice of Allegations to both the Complainant, and the person alleged to have perpetrated the sexual discrimination (hereinafter referred to as the “Respondent”). The Notice of Allegations will:a.      set forth the allegations outlined in theformal complaint;
b.      advise the parties on the Title IX GrievanceProcedure, including their right to not participate;
c.      set forth the available supportive measuresfor the parties, which will be equitably available to each;
d.      outline the availability of and describe theinformal resolution procedure;
e.      notify the parties that they have the rightto have an advisor of their choice, who may but does not have to be anattorney, and that the advisor may attend but not directly participate in anymeetings or interviews throughout the investigation;
f.        notify the parties that they are required tohave an advisor for the purposes of the hearing, and the availability of anadvisor to be provided by the campus in the event that either party cannotobtain one;
g.      state the standard of evidence used in theTitle IX Grievance procedure is preponderance of the evidence;
h.      state that the parties each have the right toinspect, review, and respond to all information and evidence gathered, whichwill be presented to the parties promptly after its receipt by the Title IXCoordinator or investigator;
i.        inform the parties of the potential code ofconduct violations that can be pursued in the event that a party knowinglygives false statements or evidence; and,
j.        state clearly that the Respondent is presumed“not responsible” unless and until there is a finding of responsibility at theconclusion of the hearing.
Immediately following the issuance of the Notice of Allegations, the Title IX Coordinator will review the formal complaint to verify that the conduct complained of meets the definition of sexual harassment, sexual assault, domestic violence, dating violence, or stalking; that it occurred in the campus’s education program or activity; and, it occurred against a person in the United States. Following the verification of this information, the Title IX Coordinator will take one of the following actions:a.      If the allegations in the formal complaintfails to meet any of these requirements, it must be dismissed under the TitleIX Grievance Procedure, but can be pursued under the Other Sex-BasedDiscrimination Grievance Procedure, of which the Title IX Coordinator shalladvise the parties. The parties will be notified simultaneously in writing ofthis action.
b.      If the formal complaint meets therequirements, but the Complainant requests in writing to withdraw theallegations or formal complaint; the Respondent is no longer enrolled oremployed by the campus; or, specific circumstances prevent the Title IXCoordinator from gathering enough evidence to make a determination, the TitleIX Coordinator may dismiss the Title IX investigation. In such an instance, theTitle IX Coordinator shall notify both parties simultaneously in writing of thedismissal of the formal complaint, and the reason for the dismissal. Eitherparty may appeal this dismissal to the Director of Human Resources (or theDirector of Human Resource’s direct supervisor, if the Director of HumanResources is also the Title IX Coordinator for the campus). The appeal must betransmitted within five business (5) days of the issuance of the decision bythe Title IX Coordinator. The Director of Human Resources (or their supervisor,as applicable) shall review the decision, the rationale for the decision, andthe appeal, and shall make the final determination as to whether the Title IXDiscrimination Grievance shall be permitted to proceed to investigation, andshall transmit that decision, simultaneously and in writing, to both partieswithin five (5) business days of the receipt of the appeal.
c.      If the formal complaint meets therequirements, and the investigation isn’t dismissed as permitted or required inSection C.3., the formal complaint shall proceed to the investigation. If theformal complaint meets the requirement set forth in Section A. herein, theallegations of the formal complaint may only be addressed under the Title IX(Sexual Harassment Discrimination) Grievance Procedure.
Within forty-five (45) business days after receipt of a formal complaint, the Title IX Coordinator, or investigator, will conduct a full and impartial investigation, considering all available inculpatory and exculpatory evidence, by: interviewing the complainant, the respondent, and any witnesses identified throughout the investigation; considering any expert testimony offered by either party; and, by reviewing any documentary evidence submitted by either party or obtained by the Title IX Coordinator or investigator.The Title IX Coordinator orinvestigator will:
not seek or consider any evidence which is protected by a legally acknowledged privilege without the written consent of the party who holds the privilege; not consider evidence of the Complainant’s sexual history or predisposition, unless offered to prove that someone else committed the acts the Respondent is accused of, or specific incident between the Complainant and Respondent are offered to prove consent;make no credibility assessments based solely on a party’s status as a complainant or respondent;provide any party requested to attend a meeting or interview with written notice of the day, time, location, invited participants, and purpose of the meeting or interview no less than two (2) business days in advance of the proposed meeting;make ongoing determinations, throughout the investigation, regarding the appropriateness of available supportive measures, such as: suspension from employment with or without pay; suspension from classes following an individualized determination that based upon the allegations the Respondent poses an immediate threat to a faculty member, staff member, or student; issuance of a no contact directive to both parties; reassignment of job duties; counseling; campus escort services; increased security and monitoring certain areas on campus; or, changing class or classroom assignments. If immediate action is required, the Title IX Coordinator shall work with the appropriate administrator to implement supportive measures.After studying all the pertinent facts and documents, carefully examining any policies involved, and discussing the issue with the parties and witnesses, the Title IX Coordinator shall either:a.      propose an informal resolution procedure beutilized to the parties which, if accepted, shall be documented in writing,and, if successful, shall conclude the investigation, or, if unsuccessful,shall result in the investigation proceeding towards a formal hearing, with allinformal resolution proceeding documents being maintained and submitted to theHearing Committee: or,
b.      gather all evidence collected throughout theinvestigation that is directly related to the allegations in the complaint andsimultaneously submit, in electronic or hard copy, it to the parties and theiradvisors, if any. The parties shall have ten (10) business days to review andrespond to all evidence provided. The Title IX Coordinator or investigator willreview and consider the response(s) of the parties before completing itsinvestigative report. The investigative report shall be a formal written reportwhich sets forth:
                                                        i.           the timeline of the investigation, beginningwith the formal complaint, and includes all notices given, meetings orinterview conducted, and communications received;
                                                      ii.           the allegations contained in the formalcomplaint;
                                                     iii.           the evidence relevant to the allegationsgathered throughout the investigation; and,
                                                     iv.           the specific form of sexual discriminationthe Respondent is alleged to have engaged in.
Following the completion of the investigative report, the Title IX Coordinator will simultaneously submit, in electronic or hard copy, the investigative report to both parties and their advisors, if any. Both parties shall have a period of ten (10) business days to review the investigative report before the hearing date. Both parties have the option to submit a written response to the investigative report. The investigative report and any written responses by either party shall be submitted to the Title IX Hearing Committee.  Timelines may be extended by the Title IX Coordinator in extenuating circumstances and for good cause shown.Allegations of sexual discrimination which meet the requirements of a Title IX offense and which are made by a student against a staff or faculty member shall not be resolved by the informal resolution procedure.TITLE IX DISCRIMINATION HEARING COMMITTEE COMPOSITION
The Title IX Discrimination Hearing Committee is composedof members selected by the Chancellor or the Chancellor’s designee from the’Academic Hearing Committee, the Student Conduct Hearing Committee, and theStaff Hearing Committee for that campus. The Title IX Discrimination HearingCommittee is composed of five (5) voting members, and one (1) ex-officionon-voting chair. A member of the Human Resources department or HumanResources’ designee sits as an ex-officio, non-voting chair of the Title IXDiscrimination Hearing Committee, making determinations of relevance,overseeing the orderly operation of the hearing, and offering technical assistanceon procedural and policy matters. One (1) voting member of the Title IXDiscrimination Hearing Committee shall be a student, one (1) shall be a facultymember, and one (1) shall be a staff member. One (1) voting member shall beselected so that his or her primary classification of student, faculty, orstaff aligns with the primary classification of the Complainant, and one (1)voting member shall be selected so that his or her primary classificationaligns with the primary classification of the Respondent. The Title IXDiscrimination Hearing Committee shall have specific training on sexualdiscrimination under Title IX, and the Arkansas State University System TitleIX policy and Title IX Grievance Procedure.
TITLE IX DISCRIMINATION HEARING COMMITTEE FUNCTIONS
The Title IX Discrimination Hearing Committee shallreview the investigative report of the Title IX Coordinator, the responses tothe investigative report by the party(ies), the inculpatory and exculpatoryevidence (that being both evidence which proves and evidence which disprovesstatements or allegations made by a witness or party) relevant to theallegations gathered by the Title IX Coordinator or investigator, any livetestimony offered by the party(ies) and/or witnesses, and any evidence offeredby the party(ies) to determine, based on the preponderance of the evidence,whether the Respondent is responsible for a violation of the Title IX policy,and, if so, to recommend an appropriate action to end the discrimination, prevent its recurrence, andremove its effects on the Complainant and the University community.
Each party shall be represented by an advisor, who maybut does not have to be an attorney. The advisor will directly participate inthe hearing, and question witnesses on the respective party’s behalf. If eitherparty is unable to obtain an advisor, the campus will provide a pool ofadvisors who have been trained on Title IX from which the party may select anadvisor. A party who needs the campus to provide them with an advisor shallgive notice to the campus no less than five (5) business days prior to thehearing so availability may be determined and the selected advisor can have anopportunity to review all relevant materials. If a party appears at the hearingwithout an advisor, and without having given notice of his or her need for anadvisor, the campus will assign an advisor who is trained on Title IX, and whois selected by the campus based on availability. In the event that eitherparty’s advisor hinders the ability to conduct the hearing in an orderlyfashion, that advisor may be removed from the hearing by the Chair of theHearing Committee, and shall be replaced by an advisor to be provided by the campus.
The entirety of the hearing will be recorded by the Chair of the Hearing Committee, and conducted in closed session. At the request ofeither party, or in the discretion of the Chair of the Hearing Committee, theparties may be located in separate physical locations, but by use ofappropriate technology shall be able to simultaneously see and hear each otherand the Hearing Committee, and be seen and heard by the Hearing Committee.
During the course of the hearing, the Hearing Committeewill call the witnesses interviewed during the investigation for testimony, andeach party’s advisor shall be permitted to question those witnesses. Bothparties shall be permitted to offer an opening statement, and to testify andoffer witnesses, including expert witnesses, to testify. In the event thateither party wishes to call witnesses, they will disclose the identity of the witnesses to the Chair of the Hearing Committee no less than two (2) business days prior to the hearing. The Chair of the Hearing Committee will notify each party of the witnesses the other party intends to call. Testimony shall be elicited through direct and cross-examination by both parties, acting by and through their respective advisors, and the Hearing Committee. The Hearing Committee shall draw no inferences based on a party’s or witness’s refusal to testify. Each party shall be permitted to present evidence for the Hearing Committee’s consideration. All evidence collected by the Title IX Coordinatoror investigator throughout the investigation will be presented to the Hearing Committee, and both parties shall have the right to utilize the evidence as part of their presentation to the Hearing Committee. Both parties shall have the opportunity to offer a closing statement.  
 

TITLE IX DISCRIMINATION HEARING COMMITTEE FINDINGS
Within twenty (20) business days of the conclusion of the hearing, the Hearing Committee shall issue a written decision which will be simultaneously sent to both parties and their advisors by the Chair of the Hearing Committee. The written decision shall include:
the timeline of the investigation, beginning with the formal complaint and including all notices, interviews, communications, and the hearing date;the finding of facts from the evidence and testimony presented at the hearing in support of the determination regarding responsibility;the Hearing Committee’s determination regarding responsibility based on the preponderance of the evidence;the rationale for the determination regarding responsibility, including the application and analysis of the testimony and evidence presented to the Hearing Committee to Title IX policy to the allegations contained in the formal complaint for each alleged violation contained in the formal complaint;any disciplinary or remedial sanctions to be imposed, which may be up to and including suspension or expulsion, as appropriate;a statement that each party has the right to appeal the decision of the Hearing Committee within five (5) business days on the bases of: procedural irregularity that affected the outcome: new evidence not reasonably available at the time of the Hearing Committee’s determination that could affect the outcome; and/or, bias or conflict of interest on the part of the Title IX Coordinator, investigators, or Hearing Committee; and,a statement that the standard of evidence used in the appeal shall be the preponderance of the evidence.TITLE IX DISCRIMINATION APPEAL COMMITTEE PROCEDURE
1.      Either party shall have five (5) business days following the issuance of the Hearing Committee’s written decision to submit an appeal. Either party may appeal on the basis of:
a.      procedural irregularity that affected the outcome;
b.      new evidence not reasonably available at the time of the Hearing Committee’s determination that could affect the outcome; and/or,
c.      bias or conflict of interest on the part ofthe Title IX Coordinator, investigator, or Hearing Committee.
2.       The letter of appeal shall be submitted to the Chair of the Hearing Committee, and shall set forth the specific basis or bases for the appeal, and all facts, evidence, and a statement in support of the basis or bases of appeal.
3.      Any letter of appeal shall be transmitted to the other party by the Chair of the Hearing Committee, and that party shall have two (2) business days to respond, in writing, to the contents of the letter of appeal. Any response shall be presented by the Chair of the Hearing Committee to the appealing party, who shall have two (2) business days to respond. Any response by the appealing party shall be presented by the Chair of the Hearing Committee to the other party, who shall have two (2) business days to respond. The letter of appeal, all responses to the same, the Hearing Committee’s written decision, the Title IX investigative report, and the recording of the hearing (hereinafter referred to as the “Appeal Packet”) will be presented by the Chair of the Hearing Committee to the Title IX Discrimination Appeal Committee for consideration.
4.      The Title IX Discrimination Appeal Committee shall be comprised of one (1) student, one (1) faculty member, and (1) staff member selected by the Chancellor or the Chancellor’s designee. Each member shall have specific training on sexual discrimination under Title IX, and theArkansas State University System Title IX policy and Title IX Grievance Procedure. No member of the Hearing Committee may serve on the Appeal Committee for the same formal complaint. The Title IX Appeal Committee shall convene in closed session to consider the Appeal Packet. The Appeal Committee shall use the preponderance of the evidence basis in making its determination on the basis for appeal.
Within ten (10) business days of the receipt of the Appeal Packet, the Appeal Committee shall issue a written recommendation. The Appeal Committee can recommend either that:
a.      the bases of appeal are not supported by the Appeal Packet and confirm the decision of the Hearing Committee; or,
b.      the bases of appeal are supported by the Appeal Packet, and:
                                            i.           overturn the decision of the Hearing Committee, or
                                          ii.           confirm the finding of the Hearing Committeebut modify the sanctions or remedial measures ordered by the Hearing Committee.
5.      The written recommendation shall state the recommendation of the appeal, and the rationale for the recommendation. The Appeal Committee shall transmit its written decision to the Chancellor. The Chancellor shall have ten (10) business days to review the Appeal Packet and the written recommendation of the Appeal Committee, and issue a written decision accepting or rejecting the recommendation of the Appeal Committee. The Chancellor’sdecision is final.      


DOCUMENT COLLECTION
When a Title IX discrimination grievance proceeding has been closed, all materials relating to that case shall be retained on file by the Title IX Coordinator for seven (7) years. Care will be taken to ensure that no incomplete or inaccurate information pertaining to the grievance is retained in the file. Title IX discrimination grievance proceedings are considered confidential and no person involved with the grievance may make the documents public except as required or permitted by law.


 

RETALIATORY ACTION PROHIBITED
Retaliation against a person who files a charge of discrimination, participates in an investigation, refuses to participate in an investigation, or opposes an unlawful employment practice is prohibited by law and the ASU System. Any person who needs further explanation or who believes he or she has been retaliated against in connection with a Title IX (Sexual Harassment Discrimination) grievance should contact their campus Title IX  Coordinator.

The purpose of the SDFSCA is to support programs that: (1) prevent violence in and around schools; (2) prevent the illegal use of alcohol, tobacco, and drugs; (3) involve parents and communities; and, (4) are coordinated with related Federal, State, school, and community efforts and resources to foster a safe and drug-free learning environment that promotes student academic achievement. 
ASUMH seeks to maintain an educational and working environment free from the influence of alcohol.
The unlawful manufacturing, distributing, dispensing, possessing or using of alcoholic beverages on any property owned or maintained by Arkansas State University – Mountain Home or as a part of university activity is strictly prohibited. Possession of any alcoholic beverages in educational facilities or recreational facilities is prohibited unless specifically authorized by the Chancellor for special events only and confirmed by written agreement setting out the terms controlling the use of university property for the special event. Under no circumstance shall any student or student group be authorized to possess alcoholic beverages in any educational facility or recreational facility. The sole exception to student possession of alcohol as set out above shall be for students of lawful age who attend a special event authorized by the Chancellor. This policy is adopted to comply with all current laws and regulations relating to the Federal Drug-Free Schools and Communities Act and the Drug-Free Workplace Act.
Students who violate this policy are subject to appropriate disciplinary action, up to and including dismissal. The university may refer violations to the appropriate state and federal authorities for criminal prosecution.

ASUMH seeks to maintain an educational and working environment free from the influence of unlawful drugs.
The unlawful manufacturing, distributing, dispensing, possessing or using of a controlled substance on any property owned or maintained by ASUMH or as a part of university activity is strictly prohibited. This policy is adopted to comply with all current laws and regulations relating to the Federal Drug-Free Schools and Communities Act and the Drug-Free Workplace Act. 
Treatment and SupportResources and support for students related to drug and alcohol prevention, counseling, and referrals are coordinated through the Office of Student Support Services. Students seeking assistance should contact the Office of Student Support Services at (870) 508-6168, email mcampbell@asumh.edu, or visit room R312 in Roller Hall. Faculty and staff seeking assistance should contact the Office of Human Resources at (870) 508-6200, email melissak@asumh.edu, or visit room C119 in the Vada Sheid Community Development Center.

Additional InformationAddiction, Drug Rehab & Recovery Resources
Addiction Center

As of August 1, 2009, Arkansas State University-Mountain Home is a tobacco-free campus. All forms of tobacco, including cigarettes, smokeless tobacco, cigars, and pipes, are prohibited on campus. This includes in buildings, on university property, in parking lots, and in vehicles on parking lots/streets owned by the university. Thank you for your cooperation in making ASUMH tobacco free.