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6:001 Sexual Violence and Stalking

 

Austin Peay State
University
Sexual Violence and Stalking


POLICIES
Issued:  March 25, 2017

Responsible Official:  Director of Equal Opportunity and Affirmative Action

Responsible Office:  Office of Equal Opportunity and Affirmative Action

 


Policy Statement


Austin Peay State University (APSU) is committed to providing a safe learning and working environment for its students, faculty, staff, and visitors.  Sexual assault, domestic violence, dating violence, and stalking are forms of sexual discrimination prohibited by law and will not be tolerated in any form.  Consistent with Title IX of the Education Amendments of 1972, as amended, Title IX, which prohibits discrimination on the basis of sex in education programs or activities, and Title VII of the Civil Rights Act of 1964, as amended, Title VII, which prohibits sex discrimination in employment, the University will take prompt and effective steps to investigate and end sexual violence that creates a hostile learning and working environment, prevent its recurrence, and address its effects.


Purpose


The purpose of this policy is to specifically address sexual violence including dating violence, domestic violence, sexual assault, and stalking; and, to establish procedures for responding to incidents of sexual violence and stalking.


Contents


Procedures
I.       Applicability
II.      Prohibited Conduct and Definitions
III.     Actions a Complainant of Sexual Violence Should Take
IV.     Reporting Procedures
V.      Role of Title IX Coordinator and Deputy Title IX Coordinator(s)
VI.     Investigation Requirements and Procedures
VII.    Outcome of Investigation and Determination of Appropriate Action
VIII.   Timeframe for conducting the Investigation
IX.     Institutional Hearing
X.      Appeal of Hearing Decision to the University President
XI.     Effect of a Finding of a Violation of this Policy
XII.    Interim Measures
XIII.   Education and Prevention Programs
XIV.   Assistance for Victims of Sexual Violence: Rights and Options
XV.    Resources for Victims of Sexual Violence


Procedures


I.  Applicability

This policy applies to members of the University community, including students, faculty, and staff.  It also applies to contractors and other third parties within the University's control.

This policy applies to sexual violence:

  1. on University premises;
  2. at University sponsored activities;
  3. that has an adverse impact on the education or employment of a member of the University community; or
  4. otherwise threatens the health and/or safety of a member of the University community. 

This policy outlines the process for addressing sexual violence, including sexual assault, domestic violence, and dating violence, and stalking.  Other forms of unlawful sexual discrimination and sexual harassment, including unwelcome sexual advances, requests for sexual favors, and other verbal conduct of a sexual nature, are not within the scope of this policy.  These forms of unlawful sexual discrimination and sexual harassment are subject to the procedures described in Austin Peay State University Policy 6:004 (Discrimination and Harassment Complaints (other than Complaints of Sexual Violence and Stalking) - Complaint and Investigation Procedure).

II. Prohibited Conduct
and Definitions

Offenses

The following conduct is prohibited:

  • Non-Consensual Sexual Intercourse
  • Non-Consensual Sexual Contact
  • Stalking
  • Dating Violence
  • Domestic Violence
  • Retaliation

Definitions of Specific Offenses

  • Non-Consensual Sexual Intercourse is any vaginal and/or anal penetration - however slight - by a penis, object, tongue, or finger, and/or oral copulation (mouth to genital contact), by any person upon another without effective consent.
  • Non-Consensual Sexual Contact is any intentional contact of a sexual nature - however slight - with the breasts, buttocks, groin, genitals, mouth, or body part of another, by any person upon another without effective consent.  Sexual touching also includes an individual causing someone else to touch him or her with, or on, any of these body parts.
  • Stalking is engaging in a course of conduct directed at a specific person that is unwelcome and would cause a reasonable person to fear for his/her safety or the safety of others or suffer substantial emotional distress.  Course of conduct means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates with or about a person, or interferes with a person's property.
  • Dating Violence is sexual or physical abuse or the threat of such abuse committed by a person who is or has been in a social relationship of a romantic or intimate nature with the person against whom the violence is perpetrated.  The existence of a social relationship of a romantic or intimate nature may be determined by the length of the relationship, the type of relationship, the frequency of the interactions between the persons involved in the relationship, and other relevant contextual factors.  Dating violence does not include acts covered under the definition of domestic violence.
  • Domestic Violence is sexual or physical abuse or the threat of such abuse committed by a person who
    • is the current or former spouse of the person against whom the violence is committed;
    • lives with or has lived with the person against whom the violence is committed;
    • is dating or who has dated or has or had a sexual relationship with the person against whom the violence is committed;
    • is related by blood or adoption to the person against whom the violence is committed;
    • is or was related by marriage to the person against whom the violence is committed; or
    • is or was in a relationship described above and the person against whom the violence is committed is the adult or minor child of a person in the relationship. 
  • Retaliation 

The University prohibits acts or attempted acts to retaliate, intimidate, threaten, coerce, seek retribution, or otherwise discriminate again any person:

    1. because the person opposed conduct prohibited by this policy;
    2. because the person reported Sexual Violence to the University in good faith; or
    3. because the person participated (or is reasonably expected to participate) in good faith in any manner in an investigation, proceeding, hearing, or Interim Measures under this policy.

When the University receives notice of alleged Retaliation, the University will take immediate and appropriate steps to investigate the alleged Retaliation.  The University will take strong responsive action if it determines that Retaliation occurred, which may include disciplinary action independent of any sanction or Interim Measures imposed in response to the underlying allegation of misconduct.  Retaliation is a violation of this policy regardless of whether the underlying allegation of a violation of this policy is ultimately found to have merit.

Retaliation should be reported in the same manner in which Sexual Violence is reported under this policy (Section IV.B). The University generally will investigate and resolve reports of Retaliation in the same manner in which it handles reports of Sexual Violence under this policy (Section VI).

Other Definitions:

  • Consent - an informed decision, freely given, made through mutually understandable words or actions that indicate a willingness to participate in mutually agreed upon sexual activity.  Consent cannot be given by an individual who is asleep; unconscious; or mentally or physically incapacitated, either through the effect of drugs or alcohol or for any other reason; or, is under duress, threat, coercion, or force.  Past consent does not imply future consent.  Silence or an absence of resistance does not imply consent.  Consent can be withdrawn at any time.
  • Complainant - anyone who reports an incident of sex discrimination covered by this policy.
  • Respondent - anyone against whom a report or allegation of sex discrimination is made.
  • Hostile Environment - any situation in which there is
    • harassing conduct based on sex or gender;
      • that is severe
      • and pervasive or persistent
      • and objectively offensive
    • such that it alters the conditions of education or employment; and
    • from both a subjective (the alleged victim's) and an objective (reasonable person's) viewpoint.

Sexual violence can occur between strangers or acquaintances, including people involved in an intimate or sexual relationship.  Sexual violence can be committed by men or women, and can occur between people of the same or different sex.

Potential Sanctions:

Any member of the University community who engages in one of these prohibited acts may be subject to corrective action and appropriate sanctions pursuant to this policy. Allegations that are not within the scope of this policy are subject to the procedures and sanctions described in APSU Policy 6:004 (Discrimination and Harassment - Complaint and Investigation Procedure).


III. Actions a
Complainant of
Sexual Violence
would Take
  1. Seek Medical Attention. When a feeling of safety has been achieved, the victim should seek medical attention, regardless of his or her decision to report the crime to the police. It is very important for the victim of sexual assault to seek medical attention as soon as possible so that the victim can be screened for sexually transmitted diseases/pregnancy/date rape drugs, obtain emergency contraception, and receive treatment for any physical injuries.    A victim has the right to accept or decline any or all parts of a medical exam. However, critical evidence may be lost or missed if not collected or analyzed.

  2. Preserve Evidence.  Valuable physical evidence can be obtained from the victim and the victim's clothing.  A victim should make every effort to save anything that might contain the offender's DNA.  Therefore, a victim should not:

    1. Bathe or shower;
    2. Wash his/her hands;
    3. Brush his/her teeth;
    4. Use the restroom;
    5. Change clothes;
    6. Comb hair;
    7. Clean up the crime scene; or
    8. Move anything the offender may have touched.

Even if the victim has not yet decided to report the crime, receiving a forensic medical exam and keeping the evidence safe from damage will improve the chances that the police can access and test the stored evidence at a later date.  Victims of sexual violence are encouraged to preserve evidence by saving text messages, instant messages, social networking pages, other communications, and keeping pictures, logs or other copies of documents, if they have any, that would be useful to investigators.

IV. Reporting Procedures

Prompt reporting is encouraged. Persons may report allegations of sexual violence at any time but are encouraged to make reports promptly in order to maximize the University's ability to obtain evidence and conduct a prompt, fair, and impartial investigation.  Failure to promptly report allegations of sexual violence may result in the loss of relevant evidence and witness testimony and may impair the University's ability to respond and take appropriate action.

Amnesty for Students Who Report Sexual Violence.  The University recognizes that a student who is under the influence of alcohol or drugs at the time of an incident may be hesitant to make a report because of threat of disciplinary sanctions for his or her own violation of the Student Code of Conduct.  A student who reports sexual violence, either as a complainant or third party will not face disciplinary charges under the University's Student Code of Conduct.

Confidentiality

The University recognizes that sexual violence allegations are a sensitive subject for all parties involved.   The University is committed to maintaining the privacy of the parties involved to the fullest extent possible under applicable law.  There may be instances when the University determines it needs to investigate and take reasonable action even when the complainant requests anonymity or request that no action be taken.  Thus, absolute confidentiality cannot be guaranteed.  In such cases, the University will take all reasonable steps to investigate and respond to the complaint consistent with the complainant's requests and when it cannot do so, will keep the complainant informed, as deemed appropriate.  In all cases, the University will take care to protect the identities of the parties by discussing the allegations with those who have a legitimate administrative or legal reason to know.

  1. Reporting Confidentially
    1. If a person desires to keep the details of an incident of sexual violence confidential, he/she should speak with individuals who have professional or legal obligations to keep communications confidential.  When seeking advice and support, persons who are concerned about confidentiality should discuss their concerns about confidentiality with the person with whom they are speaking.  Confidential resources include University mental-health counselors, pastoral counselors, social workers, psychologist, heath center employees, or any other person with a professional license requiring confidentiality, or who is supervised by such a person.  These resources do not report any information about an incident to the Title IX Coordinator or Deputy Title IX Coordinator without a victim's permission.  The following are confidential resources:
      1. Psychological counselors or other mental health professionals, including counselors who work in Student Counseling Services at APSU. Telephone:  (931) 221-6162; Website:  http://www.apsu.edu/counseling.
      2. Individuals who work in Medical Health Centers, including employees who work in Health Services at APSU.  Telephone: (931) 221-7107; Website: http://www.apsu.edu/healthservices.
      3. Therapists at Cornerstone: Harriett Cohn Center.  Telephone: 931-920-7200; Website: https://www.centerstone.org/locations
        /tennessee/facilities/centerstone-harriett-cohn-center.
      4. Members of the clergy on or off campus, including clergy at the Baptist Collegiate Ministry at APSU (931) 647-6940; or at the Wesley Foundation Student Center at APSU (931) 647-6412.
    2. If the victim chooses to report in a confidential manner, the University may be unable to conduct an investigation into the matter or pursue disciplinary action against the alleged offender.
  2. Reporting to a Responsible University Employee
    1. Responsible employees are not confidential resources.  A responsible employee includes any APSU employee: who has the authority to take action to redress sexual violence; who has been given the duty of reporting incidents of sexual violence or any other misconduct by students to the Title IX coordinator or other appropriate school designee; or whom a student could reasonably believe has this authority or duty.  When a Responsible University Employee receives a report of sexual violence he/she must promptly report such complaint to the Title IX Coordinator or a Deputy Title IX Coordinator. Deputy Title IX Coordinators must inform the Title IX Coordinator of all reports of sexual violence.  Responsible employees are required to report possible violations of this policy including all relevant details about the alleged sexual misconduct, so that the University can take steps to investigate the matter promptly and resolve it fairly.  Conversations with responsible employees are otherwise kept private to the extent possible and are only disclosed to those with a need or right to know.   See Appendix A for a list of Responsible University Employees.  In addition, responsible university employees have the following obligations:
      1. Before a complainant reveals any information to an employee, the employee must ensure that the complainant understands the employee's reporting obligations. 
      2. If the complainant wants to maintain confidentiality, the employee must direct the victim to confidential resources as detailed in Section IV.A.
      3. If the complainant wants to tell an employee what happened but also maintain confidentiality, the employee must advise the complainant that the University will consider the request, but cannot guarantee that it will be able to honor it. In reporting the details of the incident to the Title IX Coordinator or a Deputy Title IX Coordinator, the employee will also inform the Coordinator of the complainant's request for confidentiality.
    2. An institutional complaint can be filed directly with either or both of the following:

Title IX Coordinator
Sheila Bryant
Director of Equal Opportunity & Affirmative Action
601 College Street
Browning Building, Room 6A
Clarksville, TN 37044
bryantsm@apsu.edu
(931) 221-7178

Deputy Title IX Coordinator
Gregory Singleton
Associate Vice-President for Student Affairs/Dean of Students
601 College Street
Morgan University Center, Room 206
Clarksville, TN  37044
singletong@apsu.edu
(931) 221-7005

 

3. Criminal Reporting

    1. Because sexual violence may constitute both a violation of University policy and a crime, the University encourages persons to report incidents of sexual violence that are crimes under Tennessee law to campus police or other appropriate law enforcement agencies.  The Title IX Coordinator and the Deputy Title IX Coordinator are available to assist victims in notifying campus police.  Criminal investigations may be useful in gathering of relevant evidence, particularly forensic evidence.  However, victims have the option to decline to notify law enforcement.
    2. Upon receipt of a report of alleged sexual violence that may also constitute a crime, campus police will initiate an investigation, at the request of the victim.  Campus police will assist the victim in the collection of evidence at a medical facility and provide resource information for victim services.  Campus police will work closely with the Clarksville Police Department and the District Attorney's Office to assist in prosecution of the accused.  Pursuant to policy, information will be shared with the Title IX Coordinator.  Information will also be shared with the Dean of Students for University disciplinary action, if appropriate.
    3. Proceeding with a University administrative investigation and resolution of a complaint of sexual violence under this policy is independent of any criminal investigation of proceeding.  Reporting to law enforcement does not preclude a person from proceeding with a complaint of sexual violence under this policy.  The University does not normally wait until a criminal investigation or proceeding is concluded before conducting its own investigation, implementing interim measures and taking appropriate action.  Because the standards for violation of criminal law are different from the standards for a violation of this policy, criminal investigations and proceedings are not determinative of whether a violation of this policy has occurred.  In other words, conduct may violate this policy even if law enforcement agencies or local prosecutors decline to prosecute.  Complaints of sexual violence and related internal University processes may occur prior to, concurrent with, or following civil or criminal proceedings off campus.

4. Anonymous and Third-Party Reporting

    1. Persons may send anonymous texts or pictures to campus police at (931) 494-6672.  Campus police generally will respond as described in Section IV.C.  The amount and level of detail of the information provided to campus police will affect how thoroughly campus police is able to respond to the report.  
    2. Texting is not an alternative to calling 911; in an emergency, call 911.
    3. Austin Peay encourages third parties to report incidents of sexual violence to campus police, the Title IX Coordinator, the Deputy Title IX Coordinator, or a responsible employee.  The University may not be able to move forward with third-party reports if the victim does not wish to cooperate with an investigation.  After providing the report, third parties are not entitled to information about the University's investigation and response due to privacy concerns and applicable state and federal laws.


V. Role of Title IX
Coordinator and Deputy
Title IX Coordinator(s)
  1. The University's Title IX Coordinator's responsibilities include, but are not limited to the following:
    1. coordinating and maintaining ultimate oversight responsibility with respect to the University's compliance with Title IX and for implementation of this policy;
    2. oversight of investigations of allegations related to Title IX;
    3. receiving, investigating, tracking, and monitoring reports of sexual violence and maintaining records of such reporting;
    4. identifying and addressing patterns or systemic problems concerning sexual violence;
    5. maintaining oversight of educational programs including mandatory training for new students and awareness campaigns for current students;
    6. coordinating and maintaining oversight of educational programs including mandatory training for new employees and awareness campaigns for current employees.
    7. coordinating with campus and local law enforcement on matters related to allegations related to sexual violence;
    8. coordination and oversight of training for anyone involved in responding to, investigating, or adjudicating sexual violence;
    9. coordination and oversight of training for employees related to their responsibility when they are aware of sexual violence;
    10. coordination and oversight of annual training for investigators, decision makers, hearing officers and hearing committee members on the issues related to sexual violence and on how to conduct an investigation and hearing process that protects the safety of complainants and promotes accountability;
    11. coordinating the provision of Interim Measures to employee and students;
    12. attending appropriate training annually on topics related to responding to or investigating allegations of sexual violence; and
    13. being available to meet with students, employees, and others, including but not limited to Complainants, Respondents, and Reporters of violations of this policy.
  2. The University's Deputy Title IX Coordinator's responsibilities include, but are not limited to the following:
    1. receiving, investigating, tracking, and monitoring reports of Sexual Violence involving students;
    2. identifying and addressing patterns or systemic problems concerning sexual violence involving students in coordination with the Title IX Coordinator;
    3. coordinating training, prevention, and awareness efforts for students in coordination with the Title IX Coordinator;
    4. providing information to students about this policy;
    5. coordinating with campus and local law enforcement on matters related to allegations related to sexual violence;
    6. attending appropriate training annually on topics related to responding to or investigating allegations of sexual violence;
    7. coordinating the provisions of Interim Measures for students; and
    8. being available to meet with students and others, including but not limited to Complainants, Respondents, and Reporters of violation of this policy.

VI. Investigation
Requirements and
Procedures
  1. All proceedings will include a prompt, fair, and impartial investigation and result. The University will provide the respondent and complainant equitable rights during the investigative process. 
  2. All complaints of sexual violence shall be presented to the Title IX Coordinator for appropriate disposition.  For each report of sexual violence to be investigated, the University may select an investigator of its choosing, provided that the investigator has specific training and experience investigating allegation for sexual violence.  Any investigator chosen to conduct the investigation must be impartial and free of any conflict of interest.  The investigator may be a University employee or an external investigator engaged to assist the University in its fact gathering.  Investigations of reports of Sexual Violence are usually performed by the Office of Equal Opportunity and Affirmative Action (if the Respondent is an employee or other non-student) or the Office of Student Affairs (if the Respondent is a student).
  3. Mediation between the complainant and respondent will never be considered an appropriate resolution in sexual violence cases.
  4. Initiating an investigation
    1. Absent good cause, within five (5) business days of receipt of a report of sexual violence, the Investigator shall attempt to get a written statement from the complainant that includes information related to the circumstances giving rise to the complaint, the dates of the alleged occurrences, and names of witnesses, if any. The complainant should be encouraged to complete a complaint form and submit a detailed written report of the alleged incident.  https://www.apsu.edu/sites/apsu.edu/files/affirmative-action/Sexual_Violence_Report_Form.pdf.
    2. When the complainant chooses not to provide a written complaint, the Investigator will still investigate and take appropriate action.
    3. Both before and during the pendency of the investigation, the Investigator shall consult with the complainant and consider what, if any, interim measures may be necessary. 
    4. Complaints made anonymously or by a third party will be investigated to the extent possible.
    5. After consultation with University Counsel, if the Investigator determines that the complaint contains an allegation of sexual violence, the Investigator shall follow the procedures set forth in this policy to investigate and adjudicate the complaint. 
    6. Only one person shall be identified as the Investigator for a complaint. 
    7. Investigations shall be conducted by officials who do not have a conflict of interest or bias for or against the complainant or respondent. 
    8. If the complainant or respondent believes the assigned Investigator has a conflict of interest, that party must submit a written explanation of the reason for that belief to the Title IX Coordinator.  If the Title IX Coordinator is the assigned Investigator, the party must submit the written explanation to the University President. The explanation must be submitted within three (3) business days, absent good cause, of the time when the party knew or should have known the facts that would give rise to the alleged conflict of interest.  The Title IX Coordinator or University President as applicable will determine if the facts warrant the appointment of a different Investigator and respond to the party in writing within three (3) business days, absent good cause.  The decision shall be final.
  5. What the investigation should and should not entail
    1. Once the Investigator receives the complaint, the Investigator shall notify the complainant in writing of his/her rights and request a meeting. 
    2. The Investigator shall also notify the respondent in writing of the complaint and his/her rights and request a meeting with the respondent. 
    3. The Investigator shall notify the complainant, respondent and all individuals interviewed during the investigation that retaliation is strictly prohibited and may be grounds for disciplinary action.  In addition, the Investigator shall advise all interviewees that they should contact the Investigator immediately if they believe they are being retaliated against.
    4. The investigation shall include interviews with both the complainant and respondent, unless either declines an in-person interview. 
    5. The complainant and respondent shall be provided with the same opportunities to have others present during an interview, including the opportunity to be accompanied by the advisor of their choice to any related meeting or proceeding.
    6. The University will not limit the choice of advisor for either the complainant or respondent; however, the Investigator may limit the participation of advisors during the investigation.
    7. The investigation shall include interviews with relevant witnesses identified by the complainant and respondent or any other potential, relevant witness made known to the Investigator via other means. 
    8. The investigation shall include the gathering and reviewing of any documentary, electronic, physical, or other type of relevant evidence. 
    9. The Investigator is expected to request a list of relevant witnesses and evidence from the complainant and respondent and take such into consideration.
    10. The Investigator shall not consider any evidence about the complainant's prior sexual conduct with anyone other than the respondent.  Evidence of a prior consensual dating or sexual relationship between the parties by itself does not imply consent or preclude a finding of sexual violence.     

VII. Outcome of
Investigation and
Determination of
Appropriate Action
  1. Upon completion of the investigation, the Investigator shall prepare a written report that includes the allegations made by the complainant, the response of the respondent, corroborating or non-corroborating statements of the witnesses, review of other evidence obtained, and conclusions that may be drawn from the evidence gathered.
  2. It is the responsibility of the Investigator to weigh the credibility of all individuals interviewed and to determine the weight to be given to information received during the course of the investigation.
  3. The report shall be delivered to the Title IX Coordinator.
  4. After review of the report, the Title IX Coordinator shall make a determination based on a preponderance of the evidence presented as to whether or not a violation of this policy occurred.
  5. If the complainant and respondent are students, the Associate Vice President for Student Affairs/Dean of Students or his/her designee shall communicate the Title IX Coordinator's determination in writing simultaneously to the complainant and respondent, along with notice to the parties of their right to request an institutional hearing on the determination that a policy violation did or did not occur.  If the respondent or complainant is an employee, the Director of Equal Opportunity and Affirmative Action or his/her designee shall communicate the Title IX Coordinator's determination in writing simultaneously to the complainant and respondent, along with notice to the parties of their right to request an institutional hearing on the determination that a policy violation did or did not occur. 

VIII. Timeframe for
conducting the
Investigation
  1. Every reasonable effort shall be made to conclude the investigation and resolve the complaint within sixty (60) calendar days following receipt of the complaint.  Within this sixty (60) day timeframe, absent good cause, it is expected that the Investigator will conclude the investigation, that the Investigator will present a report to the Title IX Coordinator, and that the Investigator will notify the parties in writing of the Title IX Coordinator's determination.
  2. If the Investigator or the Title IX Coordinator determines that additional time is needed, both parties shall be notified in writing of the delay, the anticipated date that the investigation will be concluded, and the reasons for such delay.
  3. If either party determines that additional time is needed, that party shall request such in writing to the Investigator. The written request for additional time shall include the reasons for the requested delay and the number of additional days needed. The Investigator shall make every reasonable effort to respond to the request for additional time within two (2) business days following receipt of the request and shall notify both parties in written as to whether or not the request is granted.

IX. Institutional Hearing
  1. Either party may request an institutional hearing on the determination that a policy violation did or did not occur by providing written notice of the request to the Investigator within ten (10) business days of receipt of the Title IX Coordinator's decision.
  2. If a request is not received within ten (10) days, the Title IX Coordinator's determination is final.
  3. The hearing may be held before either a hearing officer or hearing committee.  The President of the University shall determine whether to proceed with a hearing officer or hearing committee and shall appoint individuals to serve in those capacities.  The hearing officer and all hearing committee member shall receive, at a minimum, annual training on issues related to domestic violence, dating violence, sexual assault, and stalking, and on how to conduct an investigation and hearing process that protects the safety of victims and promotes accountability.
  4. If the complainant or respondent believes the hearing officer or any hearing committee member has a conflict of interest, that party must submit a written explanation of the reason for that belief to the University President.  The explanation must be submitted within three (3) business days, absent good cause, of the time when the party knew of or should have known the facts that would give rise to the alleged conflict of interest.  The University President will determine if the facts warrant the appointment of a different hearing officer or committee member and respond to the party in writing within three (3) business days, absent good cause.  The decision of the University President shall be final.
  5. If such a hearing is requested, every reasonable effort shall be made to conclude the hearing and resolve the appeal, including any appeal to the University President, within thirty (30) days following the University's receipt of the party's request for a hearing.
  6. The parties to the hearing may not engage in formal discovery.
  7. Each party is entitled to have an advisor of choice available; however, the advisor may not participate in the proceeding other than to render advice to the party.
  8. The University will not limit the choice of advisor for either the complainant or respondent.
  9. The complainant and respondent shall be timely notified in writing of all meetings relevant to the proceeding.
  10. The hearing officer or chair of the hearing committee shall control the procedures of the hearing with due consideration given to the parties' requests related to procedures such as, but not limited to, limitations on cross-examinations, recesses so the parties may consult with their advisors, and scheduling of hearings.  The hearing officer or chair of the hearing committee shall conduct the proceedings in a manner that does not allow the respondent to directly question the complainant in person.
  11. The hearing officer or hearing committee shall use a preponderance of the evidence standard when reaching a decision.
  12. Absent good cause, within five (5) business days of the close of evidence, the hearing officer or committee shall issue a written determination as to whether or not a violation of this policy occurred and the justification for this decision.
  13. Each party shall be simultaneously notified of the hearing officer or committee's decision in writing, which shall include notice of their rights to appeal the hearing officer's or committee's determination to the President.

X. Appeal of Hearing
Decision to t
he
University President
  1. If either party chooses to appeal the hearing officer's/committee's decision, the party shall notify the Investigator in writing of the decision to appeal within five (5) business days of receipt of the hearing officer's/committee's determination.
  2. If a written request for appeal is not received within five (5) days, the decision of the hearing officer/committee is final.
  3. The appealing party(ies) must explain why it is believed the factual information was incomplete, the analysis of the facts was incorrect, and/or the appropriate legal standard was not applied, and how this would change the determination in the case.
  4. The President will issue a written response to the appeal as promptly as possible. This decision will constitute the University's final decision on the complaint.

XI. Effect of a Finding

of a Violation of this
Policy
  1. If a final decision has been made that a policy violation occurred, the respondent shall be referred to the appropriate personnel for a determination of discipline.
  2. The appropriate personnel will be determined by the status of the respondent.  If the respondent is a student, then the matter shall be referred to the Associate Vice-President for Student Affairs/Dean of Students.  If the respondent is an employee, the matter shall be referred to the appropriate Executive Level Administrator. 
  3. If the respondent is a student, Austin Peay will follow the procedures for disciplining students as described in APSU Policy 1:013 (Student Code of Conduct).
  4. If the respondent is an employee, the University will follow the procedures related to disciplining employees as described in applicable employee policies.
  5. Notwithstanding any policy to the contrary, the following additional requirements apply to disciplinary actions related to violations of this policy:
    1. The complainant shall receive sufficient notice of and be allowed to attend any meeting or hearing during the disciplinary process.
    2. The complainant shall be allowed to have an advisor of her/his choice attend any meeting or hearing.
    3. The complainant shall be allowed to testify at any hearing during the disciplinary process, even if neither party intends to call the complainant as a witness.
    4. The complainant shall be allowed access to any evidence presented during any disciplinary meeting or hearing.
    5. The Title IX Coordinator or Deputy Title IX Coordinator shall be appointed as the complainant's contact person for any questions or assistance during the disciplinary process.
    6. The complainant shall receive written notice of the outcome of the disciplinary process.
  6. If a final decision has been made that a policy violation occurred, the Title IX Coordinator or Deputy Title IX Coordinator shall determine if any remedies are required to address the campus-wide environment, taking into consideration the impact of an incident of sexual violence on the campus as a whole and on specific groups or areas on campus.  For example, the Title IX Coordinator or Deputy Title IX Coordinator may determine that specific training is needed for a student group whose members have been accused of sexual assault.

XII. Interim Measures
  1. In situations that require immediate action because of safety or other concerns, the University will take any reasonable administrative action that is appropriate.  Examples of such interim actions include, but are not limited to:
    1. providing an escort to ensure that the complainant can move safely between classes and activities;
    2. ensuring that the complainant and respondent do not attend the same classes;
    3. providing access to counseling services;
    4. providing or assisting in providing medical services;
    5. providing academic support services, such as tutoring;
    6. arranging for the complainant to re-take a course or withdraw from a class without penalty, including ensuring that any changes do not adversely affect the complainant's academic record; and
    7. provide for alternative on-campus living arrangements if both complainant and respondent reside on campus.
  2. These remedies may be applied to one, both, or multiple parties involved.
  3. Student respondents may be placed on interim suspension under the appropriate circumstances pending the outcome of the investigation. The University shall follow APSU Policy 1:013 (Student Code of Conduct) before placing a student respondent on interim suspension.
  4. Employee respondents may be, consistent with University Personnel Policies, placed on administrative leave pending the outcome of the matter.
XIII. Education and
Prevention Programs

The Sexual Assault Response Programming Committee initiates and coordinates Sexual Violence prevention initiatives.

http://www.apsu.edu/governance/sexual-assault-response-team-advisory-committee

Educational programming consists of primary prevention and awareness programs for all incoming students and new employees and ongoing awareness and prevention campaigns for students, faculty, and staff that:

  1. identifies domestic violence, dating violence, sexual assault and stalking as prohibited conduct;
  2. defines what behavior constitutes domestic violence, dating violence, sexual assault and stalking;
  3. defines what behavior and actions constitute consent to sexual activity in the State of Tennessee;
  4. provides safe and positive options for bystander intervention that may be carried out by an individual to prevent harm or intervene when there is a risk of domestic violence, dating violence, sexual assault and stalking against a person other than the bystander; and
  5. provides information on risk reduction so that students and employees may recognize warning signs of abusive behavior and how to avoid potential attacks. 

XIV.  Assistance for
Victims of Sexual
Violence: Rights and
Options
  1. The APSU Title IX Coordinator and/or the Deputy Title IX Coordinator will ensure that personal support and timely care is provided to victims of sexual violence and that the proper authorizes are consulted.
  2. Regardless of whether a victim elects to pursue a criminal complaint, APSU will assist victims of sexual violence and will provide each victim with a written explanation of her/his rights as a member of the University community https://www.apsu.edu/affirmative-action/title-ix
  3. Additionally, in the Tennessee court system, a victim of domestic violence, dating violence, sexual assault and stalking has the following rights: the right to confer with the prosecution, right to be free from intimidation, harassment and abuse throughout the criminal justice system, the right to be present at all proceedings where the defendant has the right to be present, the right to be heard, when relevant, at all critical stages of the criminal justice process as defined by the General Assembly, the right to be informed of all proceedings, and of the release, transfer or escape of the accused or convicted person, the right to a speedy trial or disposition and a prompt and final conclusion of the case after the conviction or sentence, the right to restitution from the offender and the right to be informed of each of the rights established for victims.  Information related to these rights may be found at http://www.tndagc.com/vr.htm.
  4. Protection from abuse orders may be available through http://www.tncourts.gov/programs/self-help-center/forms/order-protection-forms and additional information related to such orders may be found at http://tncoalition.org/resources/legal-resources.html.
  5. The University does not publish the name of crime victims nor maintain identifiable information regarding victims in the Daily Crime Log or in the release of timely warnings.
XV. Resources for
Victims of Sexual
Violence

The resources listed below are not exhaustive or limited to victims who wish to make an official report or participate in an institutional hearing, police investigation or criminal prosecution.  However, in cases where a victim wishes to maintain complete confidentiality, the victim should review carefully Section IV.A above related to the limits on the University's ability to maintain confidentiality.

A.    On Campus Resources

Counseling
Center

Ellington Student Services Building, Room 202

931-221-6762
dalep@apsu.edu

Campus Health Services

Ellington Student Services Building, Room 104

931-221-7107
nelsonl@apsu.edu

Campus Police

Shasteen Building

931-221-7786
apsupolice@apsu.edu

Title IX
Coordinator

Browning Administrative Building, Room 6A

931-221-7178
bryantsm@apsu.edu

Associate VP
Student Affairs/
Dean of Students/
Deputy Title IX Coordinator

Morgan University Center, Room 206D

931-221-7341
singletong@apsu.edu

 

B.   In the Clarksville/Montgomery County Area

Police
Department

135 Commerce Street

 931-648-0656

 

County
Sheriff

120 Commerce Street

931-648- 0611

Gateway
Medical
Center

651 Dunlop Lane

931-502-1000

United Methodist Urban Ministries Safehouse

217 S. Third
Street

931-552-6900

Domestic Violence Intake Center (Protective Orders)

 

http://www.tncourts.gov/
programs/self-help-center/forms/
order-protection-forms

Centerstone:
Harriett Cohn
Center

511 Eighth Street

931-920-7200

https://www.centerstone.org/locations
/tennessee/facilities/centerstone-harriett-cohn-center

Montgomery
County
Courts
Complex

2 Millennium
Plaza

931-648-7000

 

C.   On-line Resources:

http://tncoalition.org/ - State Coalition Against Rape

http://tncoalition.org/ - State Coalition Against Domestic Violence

http://www.thehotline.org/ - Website for LGBTQ survivors of sexual or domestic violence and minority women survivors of sexual or domestic violence

http://www.pandys.org/malesurvivors.html -Website for male survivors

http://www.rainn.org Rape, Abuse and Incest National Network

http://www.ovw.usdoj.gov/sexassault.html  - Department of Justice

http://www2.ed.gov/about/offices/list/ocr/index.html Department of Education, Office of Civil Rights


Revision Dates


APSU Policy 6:001 - Rev.: March 25, 2017
APSU Policy 6:001 - Issued: August 24, 2015


Subject Areas:

Academic Finance General Human
Resources 
Information
Technology 
Student
Affairs 
    X X   X

 


Approved


President: signature on file