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 Discrimination that:

• Occur in the United States
• Take place within an educational program or activity
• Involve a campus within the Arkansas State University System
• Are made by a person participating in or attempting to participate in a campus educational program or activity
  
  

Sexual Harassment Discrimination includes allegations of Sexual Harassment under Title IX, Sexual Assault, Stalking, Domestic Violence, and Dating Violence (collectively referred to as "Sexual Harassment Discrimination").

Definitions

Sexual Harassment Under Title IX

Unwelcome gender-based verbal or physical conduct that occurs when:

• Submission to or toleration of such conduct is made a term or condition of instruction, employment, or participation in university activities;
• Submission to or rejection of such conduct is used as a basis for employment or education decisions; or
• The conduct is severe, pervasive, and objectively offensive such that it unreasonably interferes with an individual's education or employment performance.

Sexual Assault

An unwanted sexual act without consent. Consent is absent when acts are committed by force, threat, against a person's will, or when a person is incapable of consent due to age, intellectual impairment, or the use of drugs or alcohol.

Stalking

A course of conduct directed at a specific person that would cause a reasonable person to:

• Fear for their safety or the safety of others; or
• Suffer substantial emotional distress.

Domestic Violence

• A current or former spouse
• A person sharing a child with the victim
• A person who is or was cohabitating as a spouse
• A person similarly situated under Arkansas domestic or family violence laws
• Any person protected under Arkansas domestic or family violence laws

Dating Violence

Violence committed by a person who:

• Is or has been in a romantic or intimate relationship with the victim
• The relationship is determined by:
  • Length of the relationship
  • Type of the relationship
  • Frequency of interaction
    
    

Reporting Sexual Harassment Discrimination

Any employee, student, or visitor who believes they have been subjected to Sexual Harassment Discrimination should report the incident to the campus Title IX Coordinator using the reporting form available on the campus Title IX website.

Mandatory Reporters

• Deans and vice chancellors
• Department chairs and faculty
• Student conduct personnel
• Human resources personnel
• Athletic administrators and coaches
• University police personnel

If the allegation involves the Title IX Coordinator, reports should be submitted to the Office of General Counsel.

Reporting Methods

• Telephone, fax, email, or hard copy
• During or outside of business hours

To ensure timely resolution, grievances should be filed within 60 days of the alleged incident.
Reports involving Sexual Assault, Sexual Violence, Stalking, Domestic Violence, or Dating Violence will be reported to law enforcement when not prohibited by law.
Criminal or internal investigations may occur simultaneously with a Title IX grievance.

Retaliation Prohibited

Retaliation related to a Title IX grievance is prohibited. Anyone who believes retaliation has occurred should contact their campus Title IX Coordinator.

Title IX (Sexual Harassment Discrimination) Grievance Procedure

Grievance Issues

The Title IX (Sexual Harassment Discrimination) Grievance Procedure applies only to allegations of Sexual Harassment Discrimination occurring in the United States and in an educational program or activity of any campus within the Arkansas State University System, which is made by a person participating in or attempting to participate in an educational program or activity of the campus.

Sexual Harassment Discrimination refers specifically to allegations 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 Under Title IX

Unwelcome gender-based verbal or physical conduct that occurs 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; or

Such conduct is severe, pervasive, and objectively offensive such that it unreasonably interferes with an individual's education or employment performance.

Sexual Assault

Sexual Assault occurs when a person is subjected to an unwanted sexual act without consent. Sexual acts occur without consent when they 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, intellectual impairment, or use of mind-altering substances such as drugs or alcohol.

Stalking

Stalking is defined as engaging in a course of conduct directed at a specific person that would cause a reasonable person to:

• Fear for his or her safety or the safety of others; or
• Suffer substantial emotional distress.

Domestic Violence

Domestic Violence is defined as felony or misdemeanor crimes of violence committed by:

• A current or former spouse of the victim
• A person with whom the victim shares a child in common
• A person who is cohabitating with or has cohabitated with the victim as a spouse
• A person similarly situated to a spouse of the victim under Arkansas domestic or family violence laws
• Any other person protected under Arkansas domestic or family violence laws

Dating Violence

Dating Violence is defined as 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 is determined by:

• Length of the relationship
• Type of relationship
• Frequency of interaction

Report of Sexual Harassment Discrimination

Any employee, student, or visitor participating in or attempting to participate in an educational program or activity offered by a campus in the Arkansas State University System who believes they have been subjected to Sexual Harassment Discrimination should report the incident to the applicable campus Title IX Coordinator using the reporting form available on the campus Title IX website.


Employees with supervisory responsibilities, including deans, vice chancellors, department chairs, faculty, student conduct personnel, human resources personnel, athletic administrators, coaches, and university police personnel, must report incidents of Sexual Harassment Discrimination either observed by them or reported to them.

If the allegation involves the Title IX Coordinator, the report should be submitted to the Office of General Counsel.

Reports may be submitted by telephone, fax, email, or hard copy, during or outside of business hours. To ensure timely investigation and remedy, grievances should be initiated within sixty (60) days of the alleged incident.

Reports involving Sexual Assault, Sexual Violence, Stalking, Domestic Violence, or Dating Violence will be reported to law enforcement when not prohibited by law.

Criminal investigations or internal investigations under Faculty, Staff, or Student Handbooks may occur simultaneously with a Title IX grievance.

Title IX Coordinator's Response

Upon receipt of a report, the Title IX Coordinator will contact the Complainant within two (2) business days and explain supportive measures, the formal complaint process, and consequences for knowingly providing false information.

To file a formal complaint, the Complainant must submit a written and signed statement sufficient to determine whether:

The alleged conduct meets the definition of a Title IX offense;

The Complainant was participating in an educational program or activity;

The Respondent is a student or employee, if known;

The conduct occurred in the United States; and

The campus exercised substantial control over the context of the conduct.

Following receipt of a formal complaint, the Title IX Coordinator will issue a Notice of Allegations to both parties outlining allegations, procedures, advisor rights, supportive measures, evidence standards, and the presumption of non-responsibility.

The Title IX Coordinator will review the complaint for jurisdiction and may dismiss or proceed with investigation. Dismissals may be appealed within five (5) business days.

Within forty-five (45) business days, a full and impartial investigation will be conducted, including interviews, evidence review, and expert testimony, when applicable.

Following investigation, either an informal resolution may be proposed, or an investigative report will be issued and shared with the parties for review.

Both parties will have ten (10) business days to review the investigative report prior to the hearing.

Timelines may be extended for good cause shown.

Allegations made by a student against staff or faculty may not be resolved through informal resolution.

Document Collection

All grievance materials will be retained for seven (7) years and handled confidentially in accordance with applicable law.

Retaliation Prohibited

Retaliation related to a Title IX grievance is prohibited. Any person who believes retaliation has occurred 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 Support

Resources 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 Information

• Addiction, 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.