OU Administrative Policies
and Procedures
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625 Student Sexual Misconduct Policy
| SUBJECT: | STUDENT SEXUAL MISCONDUCT POLICY |
| NUMBER: | 625 |
| AUTHORIZING BODY: | SENIOR VICE PRESIDENT STUDENT AFFAIRS AND CHIEF DIVERSITY OFFICER |
| RESPONSIBLE OFFICE: | OFFICE OF TITLE IX AND EQUAL OPPORTUNITY COMPLIANCE |
| DATE ISSUED: | SEPTEMBER 9, 2016 |
| LAST UPDATE: | AUGUST, 2024 |
| LAST REVIEW: | AUGUST, 2024 |
RATIONALE: The rationale for this policy is to build a healthy community that values each student and helps promote safety and respect of all. Members of the campus community must strive to create and maintain a safe, welcoming and respectful environment. Sexual misconduct by a student violates University values, is prohibited and will be sanctioned. This Policy applies regardless of one’s gender, gender identity or expression, or sexual orientation. | |
DEFINITIONS: Sexual Misconduct by a student can occur in any University sponsored program, both on-campus and off-campus or at an off campus location if the effects of the misconduct adversely affects or creates a hostile environment on campus, endangers or threatens the health or safety of any person, and/or is detrimental to the University’s interests and/or educational mission. Sexual misconduct is unwelcome conduct of a sexual nature without consent and includes sexual harassment, sexually hostile environments and sexual violence.
Sexual harassment is unwelcome conduct of a sexual nature, which can include unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal or physical conduct of a sexual nature, including sexual assault and other acts of sexual violence.
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POLICY: This policy establishes procedures for reporting and investigating allegations of sexual misconduct. This policy does not define Title IX Sexual Harassment, which is also prohibited by the University in addition to the conduct prohibited by this policy. For the definitions of Title IX Sexual Harassment, to understand what conduct is prohibited by Title IX, and to understand the University’s grievance procedures for Title IX Sexual Harassment, see the Procedures for Responding to Reports of Title IX Sexual Harassment under the Policies tab at https://www.oakland.edu/title-ix-and-compliance/title-ix-resources/. | |
SCOPE AND APPLICABILITY: This policy applies to sexual misconduct reportedly committed by a student and requires all University employees deemed “Responsible Employees” as defined by the U.S. Department of Education and discussed below to report allegations of sexual misconduct. | |
PROCEDURES:
Deputy Title IX Coordinator https://www.oakland.edu/deanofstudents/faculty-staff-resources/report-an-incident/ 2. Mandatory Reporting by University Employees All University employees are deemed “responsible employees” as defined by the U.S. Department of Education and must report allegations of student sexual misconduct to the Title IX Coordinator, identified above. Only those University employees in the role of mental-health counselors, psychologists, health care employees, and persons with a professional license requiring confidentiality and those supervised by such a person do not have to report allegations of student sexual misconduct. Faculty or staff members that do not act in the roles described above but hold such credentials must report allegations of sexual misconduct. Employees must report all relevant details that are disclosed to them so that the University can determine what occurred and to address the situation, including the names of all involved (if known), the date, time, location, etc. Employees do not need to determine if student sexual misconduct actually occurred but must be aware of and adhere to this Policy. In addition, although confidentiality cannot be guaranteed, to the extent possible employees should only share the information about student sexual misconduct with University employees or external parties on a need-to-know basis and as permitted or required under University policy and applicable law. 3. Handling of Reports of Sexual Misconduct By a Student All reports of sexual misconduct by a student will be investigated and adjudicated in accordance with the Procedures for Responding to Reports of Title IX Sexual Harassment under the Policies tab at https://www.oakland.edu/title-ix-and-compliance/title-ix-resources/ and adjudicated in accordance with the hearing process outlined in the Student Code of Conduct (SCC). The investigative and adjudicative processes may proceed while criminal or civil proceedings are pending or resolved, and University sanctions, if any, will be administered independently from those criminal or civil proceedings. Sexual misconduct reportedly by a faculty or staff member will be addressed as appropriate by other University policies, including Administrative Policies and Procedures 710 and 711. Title IX Sexual Harassment reportedly by a faculty or staff member will be adjudicated in accordance with the Procedures for Responding to Reports of Title IX Sexual Harassment. Sexual misconduct can also be perpetrated by University vendors as well as persons who are not members of the campus community (e.g., student from another school). When appropriate, students and others will also be directed to available support services such as counseling or to report to other law enforcement and/or other agencies. The ability to investigate and/or take direct action may be limited in such instances.
No one may retaliate against a student, faculty or staff member or intimidate, threaten, or coerce them in any way because they have reported or participated in an investigation or adjudication of sexual misconduct by a student. Anyone who believes they are being retaliated against should contact the Title IX Coordinator immediately. | |
OTHER RESOURCES: Confidential Reporting:
Off-Campus:
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HELPFUL NATIONAL WEB SITES:
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RELATED POLICIES AND FORMS:
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