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Investigation, Evidence Review and Hearing (Student Misconduct)

It is the responsibility of the Title IX Coordinator to oversee prohibited conduct reports and investigations to ensure timely resolution and compliance with Title IX and this policy.
Both parties have the right to have an advisor present at every meeting described in this section.
A. Investigation 


If the university proceeds to a formal investigation, the Reporting Party and the Respondent are notified of the investigation and the charged policy violations.
The Respondent is also provided information about the policy, procedural protections, support resources,

Discrimination by a student organization (Student Misconduct)

No student organization may discriminate against anyone in the university community based on a protected characteristic.
Discrimination is unfair treatment based on a protected characteristic that is sufficiently severe, persistent or pervasive to unreasonably (i) interfere with, (ii) limit, or (iii) deprive an individual from participating in or benefitting from the university’s education or employment programs, activities, or living environment.
The totality of known circumstances, including the nature, frequency, intensity, location, context, and duration of the conduct, will be considered.
Discrimination in membership

Violation of an interim measure (Student Misconduct)

Interim measures are actions taken by the university in response to a report of prohibited conduct. Interim protective measures which require compliance by a Respondent are discussed in section IV above.  Measures include no contact orders, modifications of work or academic schedules, residential relocation, restriction of campus activities or access, and interim suspension.
Failure to comply with interim measures is a separate and independent violation. A Respondent may be found in violation for failure to comply with an interim measure without

Malicious dissuasion and retaliation (Student Misconduct)

No student or organization may maliciously prevent or dissuade another from making a good faith report of prohibited conduct or participating in an investigation of prohibited conduct. Malicious means behavior made in bad faith and intended to thwart or interfere with the rights described in this policy. Malicious prevention/dissuasion describes conduct prior to a report of prohibited conduct or during an investigation. It also includes any contact with a member of the Misconduct Sanctioning Panel or Appellate Panel made after

Intimate partner violence (Student Misconduct)

Intimate partner violence, also referred to as domestic violence or dating violence, means violence committed against a person who is a spouse or former spouse, a cohabitant or former cohabitant, a person with whom they have a child, or with whom they have a previous or current dating, romantic, intimate, or sexual relationship.
Violence means causing physical harm to the person or to their possessions. Intimate partner violence may also include non-physical conduct that would cause a reasonable person to be

Stalking (Student Misconduct)

Stalking is a course of conduct directed at another person that would cause a reasonable person (i) to fear for their safety or the safety of others, or (ii) to suffer substantial emotional distress.
“Course of conduct” means behavior involving two or more acts in which the Respondent directly or indirectly monitors, follows, observes, threatens, surveils, communicates to or about the Reporting Party, or interferes with the Reporting Party’s property.
“Substantial emotional distress” means significant mental suffering or anguish.
Stalking includes “cyber-stalking.” Cyber

Exposure (Student Misconduct)

Exposure of the genitals to another without that person’s consent is prohibited conduct.

Non-consensual viewing, recording, and dissemination (Student Misconduct)

The privacy and dignity of all persons in the university community must be zealously guarded. The following conduct is prohibited:
(a) Observing or recording by any means the nudity or sexual activity of another without that person’s consent;
(b) Allowing another to observe or record the nudity or sexual activity of another without that person’s consent;
(c) Sharing images or recordings of the nudity or sexual activity of another without that person’s consent.

Reasonable belief in affirmative consent (Student Misconduct)

Reasonable belief in affirmative consent is a defense to sexual assault and non-consensual sexual contact. The totality of circumstances known and reasonably should have been known are evaluated in determining whether a Respondent’s belief is actual and reasonable.
Belief in affirmative consent is not reasonable if it arose from a Respondent’s intoxication or recklessness. Further, such belief is not reasonable if steps are not taken to determine affirmative consent.

Incapacitation due to sleep, unconsciousness, or intoxication (Student Misconduct)

Consent cannot be the product of incapacitation. A person who is incapacitated is not capable of giving valid, affirmative consent.
Incapacitation means a person cannot understand the fact, nature, or extent of the sexual activity. An incapacitated person lacks the physical and mental capacity to make informed, reasonable judgements about whether or not to engage in sexual activity. A person who is incapacitated may not be able to understand where they are, whom they are with, how they got there, or