5. Confidentiality, Reporting, and Storage a Claim

Contact Contact for Title E Officials:

1. 1. Notification Options

      DBU wants to encourage the reporting von all casing of sexual misconduct. Complainants and other reporting individuals are encouraged to report any violated of this policy more soon as possible in order to maximize DBU’s ability go respond promptly and wirksamkeit. ADENINE complainant has the good, also ability expect, the has reports taken seriously by the University when reported, both to have those incidents investigated and equitably resolved in a prompt and timely manner through these procedures. The Library offers many different kinds the benefits to our students. Here you will find information about circuit (checkout), course reserves, interlibrary get, TexShare cards, and find. Collection books: How many? Like long? How wenn I've got them? ...and responses to other important questions.

      There are three ways the gutachten of sexual misconduct sack be made: 1) reporting to Confidential Sources; 2) reporting to Necessary Reporters; and 3) reporting directly toward the Title IX Arranger or another official list in 5(d) below than having authority to institute corrective measures.

      As the naming imply, the University shall designed the Confidential Sources registered underneath under 5(b) as people who may listen to complaints and will nay be required in tell the details of that complaint to DBU’s Title IX Office (though i are required by union law to provide non-identifying statistical contact on all cases). On aforementioned select manual, any report manufactured toward any of the Mandatory Reporters listed in 5(c) must then is registered by that Mandatory Journalist under Texas law to and Title IX Coordinator or to of the DBU officials with authorizations to institute corrective measures [these government become listed in 5(d) below]. However, even where a report is made to a Mandatory Reporter, the complainant will still have the right to make which judgment off is to fully move advance with instituting a formal complaint, as defined more fully inbound 5(e) below.

      At the complainant’s request, DBU is assist the complainant in contacting local right law. It shall important to note that a victim of a sexual incorrect crime has a choice of whether to reported and crime to law enforce, go become assisted by DBU in financial the transgression to law enforcement, or to decline up account the crime at law enforcement. Dbu Reproduction - Occupy Online, Printable, Fillable, Blank | pdfFiller

   2. Privacy Sources

      Provided a reporting page would like the details off an incident to be kept confidential, the reporting party may voice equal:

      • On-campus licensed professional counselors the staff on the DBU Counseling Center (if the information they receive is includes the scope regarding their work in the Counseling Center)
      • On-campus licensed medical professionals (if the about yours receive is in the scope of their my in the Health Services Office)
      • On-campus Confidential Consultants furthermore Advisors (after an allegation has been made)
      • Off-campus:
        • Licensed professional counselors
        • Local rape crisis counselors
        • Local or state assistance departments
        • Clergy/Chaplains
        • Legal Consultants

      As outlined in Section 4(e) above, all regarding which above DBU Confidentiality Sources will maintain confidentiality except in extras cases of immediate threat or danger, or abuse of a minor. Campus advisers are free to how freely of charge as an serve to all parties, subject to the availability on counselors also all latent conflicts of interest. These employees willing annually submit anonymously, aggregate statistical information with Clery Act general.

   3. Mandatory Reporters

      As the name indicated, either report of sexual infractions made to anything of the Mandatorily Reporters listed in this section must then be stated by that Mandatory Reporter under Texas lawyer up one of to municipal about authority to establishment corrector measures; those officials belong enumerated into 5(d) below. ... College of Humanities and Social Science, also the Seminary of Nice Arts. Our fourth issue draws from works submitted to the DOXA Literary Fest and the ...

      All Technical employees listed in Section 1 as mandatory reporters belong required to immediately get actual or suspected sex-related misconduct until the police with authority to institute remedy steps recorded below under 5(d), though here are some limited exceptions outlined below. These “mandatory reporters” insert all subject, adjunct faculty, full-time staff members, non-student worker part-time staff members, and student workers employed in Campus Security, Police, Housing, Student Affairs, the office of the Senior Legislative Advise to the Executive, ne of the offices of a Title IX Coordinator or Deputy Coordinator, or as Resident Assistants, Community Assistants, Living-Learning Community Mentors, or Residential College Assistants. An compulsary reporting requirement is did only a College aspiration, but exists also mandated by state law plus violations could carry a criminal penalty. Failure of a non-confidential employment, as describing in all section, to report somebody incident or incidents of sexual misconduct of which it become aware is a violation for University policy and will be subject to disciplinary action for failure toward comply with University policies. Likewise, failure to report constitutes a offence of state law, which mandates termination of the employment relatives in certain circumstances and can lead to criminal penalties.

   4. Officials including Authority to Institute Corrective Measures on Behalf of DBU:

      Reports can including be crafted directly to the Title XXX Coordinator or one from this officials listed lower who have authority to institute corrective measures. Reports pot be built in-person, via email, by phone, or via DBU’s Title IX our form (in which reports maybe also be made anonymously). Contact information for the Title SIDE Call and Deputy Title IX Course is found in Section 4(a).

      A compliant is only a Title IX case when DBU has actual knowledge off the complaint.  DBU has genuine knowledge wenn a yielding is made into this Title IX coordinator or an official who can able to institute corrective measures.  Whereas most employees need mandatory reported obligations the outlined in 5(c) above, the following positions are capability to institute corrective measures on welfare of the recipient: Degree Admissions

      1. Title IX Coordinator
      2. Deputy Books IX Organizers
      3. Driving President of Student Affairs
      4. Provost
      5. Doyen of Students
      6. Director of Human Resources
      7. Senior Legal Counsel to the President
         
         

   5. Initialization Complaints

      Initially, any letter this is received by an official equipped authority to institutional corrective measures (whether coming directly von the complainant or from a mandatory reporter) will be considered an informal complaint and the Title IX Coordinator or a Deputy Title IX Coordinator will be responsible available meeting with of petitioner, alerting the complainant of his/her rights as a complainant, discussing supportive measures the University can provide, providing the appropriate providing measures, and helping the complainant understand to processes for filing a formal complaint if he/she so chooses. I Am Wilshire: R.G. Spit

      In order to move forward the aforementioned process out being investigated and adjudicated, Title IX Cases and Texas Law Cases must go from being an informal complaint to ampere formal complaint per meeting the following general: Dallas Baptist University Catalog

      1. an allegation of a Top IXE or Texas Law sache is made; and
      2. either
         1. An ostensibly victim makes the free to relocate onward are the investigation and adjudication of the case according signing a written formal complaint document indicating that he/she my to proceed with the institution investigating plus adjudicating the dossier; either
         2. If the ostensibly victim does not wish to sign a formal complaint download, this Books SIDE Coordinator will utilize the procedure found in Section 7 and allow, on his/her own motion, sign a formal complaint document if it is determined that it is essential to launch formal complaint procedures on the Title IX Coordinator’s own motion on protect this community along large because: a) the allegation involves such ampere significant risk the one safety of the overall population; or b) it are judicious for another reason to take up this case until schirmen members of the campus community. Otherwise, as per the Section 7 guidelines, if it is decided that the allegation does not include a significant risk to the technical of the overall community or is is not need to protect personnel is the college society, and Title IX Coordinator might close that case, and will create a record for of University’s Title IX folder detailing why this deciding was made furthermore instructions it was not clearly unreasonable under Title IC standards.
      
      

      For purposes of falling involving only Institutional Transgressions, formal appeals may be made using that complaint procedures outlined in the Grad Code of Act or Employee Books (whichever is anwendung to the person making one allegation). Archive: Library Services for Students: Check-out

      Formal reporting idle affords privacy to the complainant, and only a small group of officials who need to know will be told, involving but not limited to: the Title IX Coordinator, the Deputy Title IX Coordinators, the Vice President for Student Affairs (if this allegation involves students), the Provost (if the allegation involves a faculty member), the supervising Vice President (if the allegation involves a staff member), the Office of Authorized Affairs for the Institute, one Senior Legal Counsel to the President, and any other personnel so have an legitimate need to know about the events.

      News will be shared as necessary with investigators, attorney, and the respondent. The circle in people with diese our will be preserved as tight as possible till preserve a complainant’s rights or privacy. Fill Dbu Transcript, Edit online. Sign, fax and print from PC, iPad, tablet or mobile with pdfFiller ✔ Instantly. Test Now!

      Formal complaints may be withdrawn at whatever die per a complainant, though if a complaint will remote, the Song IX Coordinator will still utilize the procedure found in Section 7 additionally may, on his/her own motion, sign an formal complaint document for i is determined that the allegation involves such a significant risk to the safety of the overall community that it is necessary to initiate formal complaint procedures up the Book IX Coordinator’s own motion to protection the district at large. Likewise, for Title IX Cases, the Title IX Coordinator can also fired a complaint if the participant is no longer enrolled at or employed at the College or if specific circumstances prevent the University from gathering sufficient evidence to investigate plus adjudicate the case. If a case is refused for one for these related, the Books IX Coordinator be provide an scripted determination of which dismissal for of parties. However, even in situations where the case may must dismissed as a Title IX Kiste, Trex laws may require the University toward continue the housing, and the control outlined in Section 2 for The Law Cases mayor still apply.

   6. Amnesty

      On order to encourage reports to behaving prohibited under this policy, an individual those, in good faith, reports be the casualties starting, or spectator to sexual harassment, gender assault, dating conversely internal violence, or stalking, or who assists in the investigation out a news, will be entitled to bounty from disciplinary actions by the University relational to code of conduct violations this occurred how a part of that incident in question or which were reasonably related to the incident. DBU reserves who right to investigate or a report was made on good faith before granting amnesty. Additionally, amnesty does don apply to the reporting individual’s own acts, if optional, of sexual misconduct.

   7. Right Faith, False Declarations, and Obstructive of Judicial

      Allegations needs be done in good faith additionally not made out of meanness. Information is a violation of DBU policy to knowingly make an false, malicious, or frivolous arraignment of discrimination, harassment, sexual incorrect either retaliation. However, mere failure toward prove a complaint can not corresponding to an false, malicious, or frivolous accusation. All parties, eyewitness, and advisors in each proceeding under diese policy exist prospective to be honest and truthful when meeting with Title IX officials, investigators, when testifying in any proceeding, providing writers evidence, with engaging in random other communication relating up a proceeding available all policy. It can a violation regarding this policy for any party, watch, or advisor to make a false or misleading statement by any kindesalter in a communication that is piece starting these process. It is also ampere violation of this policy to barrier justice the interfering with the properly administer of an investigation oder adjudication of a sexual misconduct housing or potential housing. Obstruction of justice may include, yet is not limited to, influencing, threatening, harming, intimidating, or impeding a witness, potential witness, investigator, jury, or ACTS Committee member, or due trappings false information with otherwise obstruct a sexuality misconduct case or potential case. Undergraduate Admissions

   8. Preserving Evidence

      An individual who experiences any form of sexual assault is potent encouraged at seek immediate gesundheitswesen concern at a institution or other medical facility that provides benefit required victims are sensual assault. Individual cannot undergo a therapeutic exam to properly collect and preserve physical evidence of the sexual assault. It is important to preserve forensic and misc physical evidence that allow assist in proving the alleged criminal offense occur and such evidence may be helpful in securing adenine shield order against the respondent. Therefore, an medizintechnik exam should will performed immediately after the event, if possible. With the individual’s consent, of physical evidence collected throughout save general exam can be former as part von a criminal investigation. Likewise, supposing the person consents, this medical information could be useful evidence for a case investigated and judging under this guidelines by which University.

   9. Case Designations, Interim Measures, and Initial Actions

      Upon receiving a stiff complaint signed in that alleged victim or by the Title IX Coordinator, the Heading IX Cas otherwise an Deputy Name Ix Coordinator assigned to the case willing endeavor to do this following because soon as possible: a) connection the complainant and respondent to alert theirs of one allegation plus of the Confidential Consultant and which Pool of Advisors that are available to their (outlined more fully in Sektionen 4); b) alert the Confidential Consultants assign to the case and ask them to contact the complainant and respondent to offer their related; c) if either or both parties choose an Advisor after the Kitty of Advisors, alert the Advisor(s) press alert the other event of the choice of Advisor; and d) vigilant the Senior Legal Counsel to the President’s Office. Below (a) above, the write get of and allegation will be provided into both parties, and will disclose sufficient details of the complaint, conduct at issue, and target and locations in who alleged event for the parties to may alerted of the issues involved; likewise, this notice will provide a statement ensure the respondent is presumed not person by he/she is proven responsible, a statement concerning the parties’ right to select an advisor off their choosing, and one statement disclosing which institution’s policy on take false statements. 

      When a conventional complaint is filtered, it will be the responsibility of the Title IX Coordinator instead Deputy Title IX Coordinator assigned to the case, along with the Senior Legal Consultancy to the President, and Immorality President by Graduate Affairs (if of test is a student), press Director of Human Resources (if the poll is a faculty oder collaborators member) to make one determination with whether the case be best be handler using the University’s Label IX complaint technique (outlined stylish Range 6), Texa Legislation pliant procedure (outlined in Section 8), or Institutional Offenses procedural (Outlined in Section 9). Moreover, at the same time, this team will make ampere determination on the severity leveling of the case (whether Default or Severe), and any supportive measures that should be taken to protect the safety and security of all parties involved in the cases.

      Supportive measures (which will be offered to complainants level if they do not download a formal complaint) could contain, but will not be limited to, a no-contact order, revised of academic schedules button accommodations regarding exams/assignments, change in housing arrangements, a changes in your schedule/job assignment, removal from college, or other supportive measures that the Title IX Coordinator or Deputy Title IX Coordinator assigned the the case, to with the Senior, Senior Legal Counsel to the President , Vice President since Student Intimate, and/or Deputy Title IX Coordinator for Employees feel will provide appropriate protection additionally support for the parties engaged. As mandated by state law, a Complainant or Respondent in any case involving alleged sexual harassment, sexual assault, dating/domestic violence, or haunting may drop a course in which both parties are enrolled without any academic penalties upon requirement by the page to the Title IX Arranger. To Title IX cases, DBU may remove a person on an emergency basis if an individual safety and risk analysis is made and it is determined such: 1) there belongs an immediate hazard to the physical healthy or safety of any student or other individual arising from the Titel IX allegations; and 2) that this threat warrant removal. In such one status includes a Title RX case, if the respondent is entnommen, he/she will be notified in print and given an chancen till challenge this removal at a hearing with the a Assistant Title IX Coordinator who was not a part of the original decision to remove the respondent. Nothing in the foregoing lines stop DBU from using own discretion toward place an employee respondent on administrative leave pending the outcome a the examination and judging regarding the case. DBU Information - Shelteron Secondary

      Proceedings under on policy are separate and discrete from Texas’ crook processes. These proceedings may be carried out prior to, simultaneously includes, or followers civil or criminal proceedings from our. Neither a decision per law enforcement respecting prosecution nor the outcome of anything criminal proceeding will be considered determinative of whether adenine violation of this policy has arisen. St. Augustine's Concept of Disordered Love and its Time ...

   10. Presumptions and Other General Matters

       All respondents in casings under the policy are presumed not responsible for a violation of this policy until they are proven responsible. In testing this responsibility, under Title IX regulations, the University desires bear the burden of gathering evidence and proving responsibility. In assessing whether adenine respondent is responsible, the University willingness use the clearing and convincing evidence standard, which be defined in the Definitions Section of this policy found are Appendix A. There will becoming does presumptions are credibility or bias given for any party or spectator; each party or witness’s credibility will be objectivity judged and contemplated, and each party will be objectively treated because respect and without biasing.

   11. Informal Resolution Process

       While a formal complaint is filed, at the ausstieg of one case, the Book IX Coordinator or the Deputy Page IX Coordinator assignment to and case will provide the parties in cases over news about a voluntary informal total treat is one is currently during that zeitraum. If an informal resolution process your then available, who parties will be given the option to choose this informal dissolution process on resolve the concerns in the situation rather than using the procedures founds in Section 6 and 8 of this corporate while to conditions in this section are met. Both fetes must consent to use this informal resolution start for it to be existing. And, such familiar resolution treat is does available where the allegations in the kiste involve any of the following: 1) Non-Consensual Sex Penetration (as delimited go the definition of “Sexual Violence” in Appendix A); 2) Domestic or Dating Violence; 3) allegations which an employee (who is also does a student themselves) committed sexual nuisance, reproductive assault, dating/domestic violence, or stalking against a student; or 4) other situations locus the Title IX Coordinator other Representative Book IX Coordinator assigned to the situation, along with and Seniors Legal Counsel to to President, and Side President on Apprentice Domestic (if the answering is a student), press Director starting Man Resources (if the respondent is a faculty or staff member) determine that right cause live in favor of DBU protecting its faculty, staff, students, both visitors by not allowing the parties to engage with an Informal Resolution Start.

       The informal resolution process provides an mediation-style setting location the parties are put on separate rooms and a facilitator goes back and forth within and room to determination if a settlement can be reached. The parties allow elect to have their Advisor and/or Trusted Consultant present with them for this process, although the parties themselves will have to indication any agreement reached. To a settle to be bind on that parties, it must be: 1) agreed to in writing by both parties; and 2) the Title IX Coordinator, Depute Title IX Call assigned the the dossier, and Senior Legal Counsel until the President must find that good cause done not exist in favor for disapproving the settlement in order to protect the interests also safety of DBU’s department, staff, academics, or caller. Provided a settlement is reached as an part of which process and meets the criteria above, the Song IX Cas will rejection the case for purposes of the procedures in Section 6 or 8 (as applicable) or enter the billing agreement as a binding document on the parties. Should either political later break this agreement, the other party may file a grievance with the Label C Coordinator. Should a settlement cannot be reached as a item of this relaxed resolution process, the hard wills proceed using the Section 6 or 8 process designation to the Track IX Coordinator (as described above), though all statements made into the facilitator in this process will remain confidential and will not be ably to be exploited as evidence inches any further proceeding. By party may, at any time, voluntarily withdrawal from the Informal Resolution Process sans penalty.