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The �������� System is committed to compliance with Title IX, which states in part that “[n]o person in the United States shall on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity.”

Title IX prohibits discrimination on the basis of sex, pregnancy, gender identity, or gender expression. Prohibited conduct includes sexual harassment. Sexual assault, including rape, sodomy, sexual assault with an object, fondling, incest or statutory rape, dating violence, domestic violence, and stalking are all forms of sexual harassment as it is defined under Title IX.

Sex discrimination is conduct that is based upon an individual’s sex, pregnancy, gender identity, or gender expression that adversely affects a term or condition of an individual’s employment, education, living environment, or participation in a University program or activity.

Sex discrimination under the University’s equity policy (CRR 600.010) is defined as the following: (1) Sexual harassment that does not rise to the level of sexual harassment as it is defined under Title IX or conduct that does meet the Title IX definition but occurs outside the University’s education programs, activities, or employment, or occurs outside the United States, but nonetheless has an effect that interferes with or limits any person’s ability to participate in or benefit from the University’s education programs, activities, or employment; (2) workplace sexual harassment; or (3) sex discrimination that does not involve conduct of a sexual nature.

Sexual harassment, as it is defined under Title IX, means conduct on the basis of sex, that falls within one of the following categories:

1. “Quid Pro Quo” - An employee of the University conditioning the provision of an aid, benefit, or service of the University on an individual’s participation in unwelcome sexual conduct;
2. “Hostile Environment” - Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the University’s education program or activity;
3. “Sexual assault” - Any sexual act that constitutes rape, sodomy, sexual assault with an object, fondling, incest, and statutory rape.
4. “Dating Violence” - The term “dating violence” means violence committed by a person-- (A) who is or has been in a social relationship of a romantic or intimate nature with the victim; and (B) where the existence of such a relationship shall be determined based on a consideration of the following factors: (i) The length of the relationship, (ii) The type of relationship, and (iii) The frequency of interaction between the persons involved in the relationship.
5. “Domestic violence” - The term “domestic violence” includes felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of Missouri, or by any other person against an adult or youth victim who is protected from that person's acts under the domestic or family violence laws of Missouri.
6. “Stalking” - The term “stalking” means engaging in a course of conduct directed at a specific person knowing or consciously disregarding a substantial and unjustifiable risk that the course of conduct would cause a reasonable person to--(A) fear for their safety or the safety of others; or (B) suffer substantial emotional distress.

Consent to sexual activity is knowing and voluntary. Consent to sexual activity requires of all involved persons a conscious and voluntary agreement to engage in sexual activity. Each person engaged in the sexual activity must have met the legal age of consent. It is the responsibility of each person to ensure they have the consent of all others engaged in the sexual activity. Consent must be obtained at the time of the specific activity and can be withdrawn at any time. Consent, lack of consent or withdrawal of consent may be communicated by words or non-verbal acts.

Someone who is incapacitated cannot consent. Silence or absence of resistance does not establish consent. The existence of a dating relationship or past sexual relations between the Parties involved should never by itself be assumed to be an indicator of consent. Further, consent to one form of sexual activity does not imply consent to other forms of sexual activity. Consent to engage in sexual activity with one person does not imply consent to engage in sexual activity with another. Coercion and force, or threat of either, invalidates consent.

In certain situations, a person does not have the capacity to agree to participate in consensual sex. Examples include individuals who are under the age of consent, unable to consent due to incapacitation brought on by voluntary or involuntary alcohol or drug consumption, developmentally disabled, or mentally/physically unable to consent.

Sexual contact with someone who was known to be or reasonably should have been known to be incapacitated is a violation of policy.

A person is incapacitated if they are in a state or condition in which rational decision-making or the ability to consent is rendered impossible because of a person’s temporary or permanent physical or mental impairment, including but not limited to physical or mental impairment resulting from drugs or alcohol, disability, sleep, unconsciousness or illness. Consent does not exist when one knew or should have known of the other individual’s incapacitation. Incapacitation is determined based on the totality of the circumstances. Incapacitation is more than intoxication but intoxication can cause incapacitation.

Factors to consider in determining incapacity include, but are not limited to, the following:

• Lack of awareness of circumstances or surroundings (e.g., an inability to understand, either temporarily or permanently, the who, what, where, how and/or why of the circumstances; blackout state)
• Inability to physically or verbally communicate coherently, particularly with regard to consent (e.g., slurred or incoherent speech)
• Lack of full control over physical movements (e.g., difficulty walking or standing without stumbling or assistance)
• Physical symptoms (e.g., vomiting or incontinence).

The Complainant is the individual who is alleged to have been subjected to sexual harassment in violation of the University's Title IX policies.

The Respondent is the individual alleged to have committed an act of sexual harassment in violation of the University’s Title IX policies.

Under Title IX, an Academic Medical Center is a designation given to an entity that is not a post-secondary institution although it may be affiliated with a post-secondary institution or even considered part of the same entity as the institution of higher education. At the ��������, the �������� Hospitals and Clinics have been designated an Academic Medical Center under Title IX and follow a separate resolution process for matters involving Title IX-related conduct.

All parties involved will be treated equitably. During the Title IX process, a Party has a right:

• To be treated with respect by University officials.
• To be free from retaliation.
• To have access to University support resources (such as counseling and mental health services and University health services).
• To request a no contact directive between the Parties.
• To have a Support Person of the Party’s choice accompany the party to all interviews and meetings (excluding hearings) throughout the Title IX Process.
• To refuse to have an allegation resolved through the Informal Resolution Processes.
• To receive prior to a hearing or other time of determination regarding responsibility, an investigative report that fairly summarizes the relevant evidence in an electronic format or hard copy for their review and written response.
• To have an opportunity to present a list of potential witnesses and provide evidence to the Investigator.
• To have Formal Complaints heard in substantial accordance with these procedures.
• To receive written notice of any delay of this process or limited extension of time frames for good cause which may include considerations such as the absence of a Party, a Party’s Advisor or a witness; concurrent law enforcement activity; or the need for language assistance or accommodation of disabilities.
• To be informed of the finding, rationale, sanctions and remedial actions.
• To report the matter to law enforcement (if applicable) and to have assistance in making that report.
• To have an opportunity to appeal the dismissal of all or a portion of a Formal Complaint, and appeal the determination of a Hearing Panel or other decision-maker.

Additional Rights for Students as a Party:

• To request reasonable housing, living and other accommodations and remedies consistent with Section 600.030.H.
• To receive amnesty for minor student misconduct that is ancillary to the incident, at the discretion of the Title IX Coordinator.

Additional Rights for Hearing Panel Resolution:

• To receive notice of a hearing.
• To have the names of witnesses who may participate in the hearing and copies of all documentary evidence gathered in the course of the investigation and any investigative report prior to the hearing.
• To be present at the hearing, which right may be waived by either written notification to the Hearing Officer or by failure to appear.
• To have present an Advisor during the hearing and to consult with such Advisor during the hearing, and have the Advisor conduct cross-examination and other questioning on behalf of the Party at the hearing.
• To have an Advisor of the University’s selection appointed for a Party where the Party does not have an Advisor of their own choice at a hearing.
• To testify at the hearing or refuse to testify at the hearing; however, if a Party or witness fails to submit to cross-examination at the hearing, the Hearing Panel shall not rely on any statement of that Party or witness in reaching a determination regarding responsibility. The Hearing Panel shall not draw any inference about the determination regarding responsibility based solely on a Party’s or witness’s failure to submit to cross-examination.
• To have an equal opportunity to present and question witnesses, including fact and expert witnesses, and present relevant evidence.
• To request that the hearing be held virtually, with technology enabling participants simultaneously to see and hear each other.

Additional Rights for Academic Medical Center Process:

• To receive notice of the meeting with the decision-maker.
• To submit written, relevant questions that a Party wants asked of any Party or witness and to be provided with the answers to such questions.
• To be allowed additional, limited follow-up questions.

Supportive measures are non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the Complainant or the Respondent before or after the filing of a Formal Complaint or where no Formal Complaint has been filed. These measures are designed to restore or preserve equal access to the University’s education program or activity without unreasonably burdening the other Party, including measures designed to protect the safety of all Parties or the University’s education environment, or deter sexual harassment.

Supportive Measures may include:

• Referral and facilitating contact for the Complainant or Respondent for counseling or other support services.
• Mutual restrictions on contact between the Parties.
• Providing campus escort services to the Parties.
• Increased security and monitoring of certain areas of the campus.
• Adjusting the extracurricular activities, work schedules, work assignments, supervisory responsibilities, or work arrangements of the Complainant and/or the Respondent, as appropriate.
• If either Party is a student:
  • Referral of that Party to academic support services and any other services that may be beneficial to the Party.
  • Adjusting the courses, assignments, and/or exam schedules of the Party.
  • Altering the on-campus housing assignments, dining arrangements, or other campus services for the Party.
• Providing limited transportation accommodations for the Parties.
• Informing the Parties of the right to notify law enforcement authorities of the alleged incident and offering to help facilitate such a report.

• A Respondent may be removed from a University education program or activity if the Title IX Coordinator, after conducting an individualized safety and risk analysis, determines that the Respondent poses an immediate threat to the physical health or safety of any student or other individual arising from the allegations of sexual harassment justifying removal.
• In all cases in which an Emergency Removal is imposed, the Respondent will immediately be given notice and an opportunity to challenge the decision of the Title IX Coordinator either prior to such Removal being imposed, or as soon thereafter as reasonably possible but no later than five (5) business days following the Removal. Any challenge by Respondent shall be made in writing and directed to the Title IX Coordinator and must show cause why the Removal should not be implemented. The Title IX Coordinator will forward the challenge to the Emergency Removal Appeal Individual/Committee, which will make a final decision on removal within three (3) business days.
• Violation of an Emergency Removal under this policy may be grounds for discipline under applicable University conduct policy.

• If the Title IX Coordinator finds and believes from available information that the presence of the student organization on campus would seriously disrupt the University or constitute a danger to the health, safety, or welfare of members of the University community, a Respondent Student Organization’s operations, University recognition, access to and use of the University campus/facilities/events and/or all other University activities or privileges for which the Respondent Student Organization might otherwise be eligible, may be suspended on an interim basis pending the completion of the Title IX Process.
• The appropriate procedure to determine the future status of the student organization will be initiated within seven (7) business days.

Administrative leave for an employee may be implemented in accordance with University Human Resources Policies. Administrative leave for an employee is not considered an Emergency Removal.

Retaliation is any adverse action taken against a person because of that person’s participation or refusal to participate in the Resolution Process to Resolve Complaints under Title IX as set forth in CRR 600.030. Specifically, no person may intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by Title IX, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing. Intimidation, threats, coercion, or discrimination, including charges against an individual for policy violations that do not involve sex discrimination or sexual harassment, but arise out of the same facts or circumstances as a report or complaint of sex discrimination, or a report or Formal Complaint of sexual harassment, for the purpose of interfering with any right or privilege secured by Title IX, constitutes retaliation.

Examples of prohibited retaliation include, but are not limited to, giving a lesser grade than the student’s academic work warrants because the student filed a report or Formal Complaint of sexual harassment; giving lower than justified performance appraisals because a person was a witness in an investigation of alleged sexual harassment; and threatening to spread false information about a person for filing a report or Formal Complaint of sexual harassment.

Any person who believes they have been subjected to retaliation is encouraged to notify the Title IX Coordinator. The University will promptly respond to all claims of retaliation. Any person who engages in such retaliation shall be subject to d