Procedures and Investigations

A person who experiences sexual assault should take steps to preserve evidence as soon as possible after the incident, even if he or she is unsure about reporting it. To better preserve evidence:

• • Do not shower or douche.
  • Try not to urinate. Urinating may reduce the ability to detect “date rape” drugs.
  • If there was oral contact, do not smoke, eat, or brush your teeth.
  • Do not change clothes. If you have already changed your clothes, place them in a paper bag, as plastic may destroy evidence. If you haven’t changed, keep the original clothes on and bring an extra set to wear home.
  • A Physical Evidence Recovery Kit (PERK) will help preserve forensic evidence of an assault. Inform your medical care provider that you wish to have a PERK performed as soon as possible.

Sexual harassment or other misconduct against University employees in the workplace may violate both this policy and/or the University’s Harassment (https://www.deltastate.edu/policies/policy/university-policies/employment/employee-responsibilities-and-standards/harassment/) and Non-Discrimination Policy (https://www.deltastate.edu/policies/policy/university-policies/employment/recruitment-and-selection/equal-employment-opportunity/). When reporting workplace sexual harassment that does not involve sexual assault or other violence, employees are encouraged to follow the reporting procedures contained in this document. If workplace misconduct does involve sexual assault or other violence, employees should never attempt to resolve the matter directly with the accused person. In such cases, employees should report the matter directly to the Title IX Coordinator or the Human Resources Director.

Employees can submit a report to the Title IX Coordinator by going to the DSU homepage, clicking on the myDSU tab, scroll down and click on the DSU C.A.R.E.S tab and fill out the report. Once submitted, it will go directly to the Title IX Coordinator’s email address. You can also call the Title IX Coordinator at (662)846-4690 or send an email to titleix@deltastate.edu. Please make sure you include your contact information.

If a report is made to an employee of the University other than those listed above, that employee may or may not have a duty to report the complaint to the Title IX Coordinator, depending on the employee’s position and job duties. See below for clarification.

All University employees are deemed “Responsible Employees” for purposes of Title IX and this policy. When a Responsible Employee receives a report of sexual harassment, he or she has a mandatory duty to report that allegation to the Title IX Coordinator. As discussed below, there is a single, narrow exception to this mandatory reporting requirement where the alleged misconduct involves nonviolent employee-on-employee workplace harassment.

The University will endeavor to keep reported information about sexual misconduct private to the greatest extent possible, but cannot guarantee that all information it receives will be kept confidential. Once a report is submitted to a Responsible Employee, the University has a duty to investigate the matter and endeavor to protect the safety of members of the community. In some instances, this means that certain information must be provided to individuals involved in an investigation.

Upon receiving a report of sexual misconduct, the Title IX Coordinator will attempt to contact the person who made it (the “complainant”) to determine his or her wishes with respect to privacy. If the complainant requests that their identity or other information be kept private, or that no disciplinary action be pursued, the University will give careful consideration to that request. However, there may be instances in which such requests cannot be honored, as they would impair the University’s ability to ensure a safe and non-discriminatory environment for all students. Factors considered include, but are not limited to:

• The risk of the accused committing other acts of sexual misconduct, such as where other complaints have been made against the same person.
• The risk of sexual misconduct of a similar nature, such as where multiple assaults occurred at the same location or involving the same group.
• The use of physical violence and/or weapons.
• The involvement of multiple alleged perpetrators.
• Allegations of threats or retaliation by the accused against the complainant or others.
• The complainant’s age.
• The parties’ rights and/or the University’s obligations under the Family Educational Rights and Privacy Act (FERPA) and other applicable privacy laws.

If the University determines it can honor a request to keep information private, it will take steps consistent with that request to ensure the safety of the complainant and others. However, complainants should understand that honoring a request for privacy necessarily will impair the University’s ability to investigate and normally will prevent any disciplinary action from being taken against the accused. If someone who initially requested privacy later requests an investigation, the University will honor that request. However, delays may impair the University’s ability to conduct a thorough investigation or take appropriate remedial action.

If the University determines it cannot honor a request for privacy, it will inform the complainant before any disclosure is made. The University will take whatever steps it deems necessary to protect the complainant and to ensure that information is available only to those who have a legitimate need to know. The University will make it clear to the accused party and others receiving information that any act of retaliation against the complainant will not be tolerated.

A Responsible Employee is any DSU employee (a) who has actual authority to redress sexual harassment; (b) who has been given the duty of reporting incidents of sexual misconduct or any other misconduct to appropriate University authorities; or (c) who a student would reasonably but mistakenly believe has this authority or duty.

The Responsible Employee designation applies to professors and other faculty, deans and department heads, athletic coaches and administrators, personnel in the Vice President of Student Affairs’ Office, University Police Department personnel, resident assistants and directors, and any other employee who meets any of the three elements above. If you are uncertain whether you or someone else is a Responsible Employee, the Title IX Coordinator can help you make that determination.

Confidential Employees– Certain employees are specifically exempted from Responsible Employee status. These include (1) licensed counselors, such as those at the Campus Counseling Center, (2) health care providers such as those at the O.W. Reily Student Health Center; and (3) pastoral counselors. These employees are not required to relay any information about reported sexual misconduct to the University. Faculty members with duties that meet the above descriptions are exempted from mandatory reporting for information received when acting in their counseling or clinical capacity, but not for information received in other settings, such as office hours with students.

When a Responsible Employee receives a report of sexual harassment, they have a mandatory duty to report that allegation to the Title IX Coordinator. This means that the Responsible Employee must inform the Title IX Coordinator, even if the person who experienced the alleged harassment asks the employee not to do so. Consequently, individuals who experience sexual harassment should not presume that informing these employees will result in remedial action by the University. They should instead report the matter directly to the Title IX Director.

There is one narrow exception to the mandatory reporting requirement for Responsible Employees. If the alleged sexual misconduct is harassment of one employee by another employee and there is no allegation of sexual assault or other violence and no student or minor allegedly was involved, then a Responsible Employee may, in his or her discretion, decide not to report the incident to the Title IX Coordinator.

This exception recognizes that employees may wish to confer with co-workers about incidents of non-violent harassment without immediately triggering a university investigation. It applies solely to the reporting obligation addressed in this policy. It does not relieve any employee of any other reporting obligation he or she may have under any other policy or law. In all cases, all employees are strongly encouraged to inform their co-workers of their options for reporting workplace harassment or other sexual misconduct to the University.

Responsible Employees are required to notify the University’s Title IX Coordinator when they learn of sexual misconduct against any member of the University community, guest on campus, or participant in any University program.

• Reporting should be prompt. A Responsible Employee should report an incident of sexual misconduct to the Title IX Coordinator as soon as is practical under the circumstances.
• Reporting is not discretionary. To be clear, aside from the single exception described above, the obligation to report sexual misconduct is not discretionary. A Responsible Employee may not, for example, decide not to report alleged misconduct because he or she believes it is not sufficiently serious, or because he or she does not believe it happened. These are decisions for the Title IX Coordinator and appropriate University officials to make.
• Independent responses are prohibited. Under no circumstances may any employee, department, organization, or division of the University attempt to resolve unilaterally any complaint of sexual misconduct that is required to be reported under this policy. In these cases, the Responsible Employee must always notify the Title IX Coordinator first, who will determine the appropriate response after consultation with appropriate officials.
• Inform students of your obligations. Many Responsible Employees can reasonably anticipate the possibility that students may report sexual misconduct to them. The University encourages these employees to inform students of their reporting obligations in advance. When sexual misconduct is actually reported, the employee should tell the reporting person as early in the conversation as possible that any information provided will have to be relayed to the Title IX Coordinator, and that if the reporting person prefers to keep the information confidential, the University has resources such as the Campus Counseling Center and O.W. Reily Student Health Center that can provide confidential assistance.
• Tell the reporting person what will happen next. A Responsible Employees should tell the person reporting sexual misconduct (1) that they will be informing the Title IX Coordinator of the incident; (2) why they are sharing this information—i.e., their obligation to inform those on campus in a position to respond; and (3) that the University will contact them to provide additional information and support.
• Do not share the information with others. Once you have informed the Title IX Coordinator, your reporting duties are complete. You may not share the information with anyone else. If your supervisor or someone you report to expects to be notified of such reports, you may inform them that you have relayed a complaint to the Title IX Coordinator, and that they may contact the coordinator directly with questions or concerns.
• Failure to report. Failure of a responsible employee to report an incident or incidents of sex or gender harassment or discrimination of which they become aware of, is a violation of university policy and can be subject to disciplinary action for failure to comply with university policies.

While the University does not condone violations of its policies, reporting incidents of sexual misconduct is of paramount importance. Thus, the University will not pursue disciplinary action against any person for possession or consumption of alcohol or drugs, when that possession or consumption is revealed in the course of a good faith report of sexual misconduct or other good faith statements made in connection with an investigation under this policy.