Title IX FAQs
The privacy of all parties to a report of sexual misconduct must be respected, except insofar as it interferes with the University’s obligation to fully investigate allegations of sexual misconduct. Where privacy is not strictly kept, it will still be tightly controlled on a need-to-know basis. The University will not disseminate information and/or written materials to persons not involved in the resolution process without the consent of both parties. Witnesses are also required to maintain the privacy of information shared with them during interviews and/or hearings. Violations of the privacy of the reporting party or the responding party may lead to conduct action by the University, though both parties are allowed to share their perspectives and experiences. All parties, including witnesses, involved in an allegation are strongly encouraged to maintain the privacy of information and/or written materials.
In all resolutions of sexual misconduct, the reporting and responding parties will be informed of the outcome. In some instances, the administration also may choose to make a brief public announcement of the nature of the violation and the action taken, without using the name or identifiable information of either party. The institution also must statistically report the occurrence on campus of major violent crimes, including certain sex offenses, in an “Annual Security Report” of campus crime statistics. This statistical report does not include personally identifiable information.
No, not unless you tell them. Whether you are the reporting party or the responding party, the University’s primary relationship is to the student and not to the parent. However, in the event of major medical, disciplinary, or academic jeopardy, students are strongly encouraged to inform their parents. University officials will directly inform parents when requested to do so by a student, in a life-threatening situation, or if an individual has granted FERPA permissions.
Yes, if the University determines there is reasonable cause to believe a violation has occurred and investigates the matter. The responding party has the right to know the identity of the reporting party.
DO NOT contact the reporting party. You may immediately want to contact someone who can act as your advisor; anyone may serve as your advisor. You may also contact the Title IX Coordinator, who can explain the University’s procedures for addressing sexual misconduct reports. You may also want to talk to a confidential counselor at the counseling center or seek other community assistance. See below regarding legal representation. A list of trained advisors is available by calling 386-226-7971.
Reporting parties of criminal sexual assault need not retain a private attorney to pursue criminal prosecution because representation will be handled by the District Attorney’s (Prosecutor’s) office. This option exists when the reporting party chooses to file a report with local law enforcement. You may want to retain an attorney if you are considering filing a civil action or are the responding party. The responding party may retain counsel at their own expense if they determine that they need legal advice about criminal prosecution and/or the campus conduct proceeding. Both the responding party and the reporting party may also use an attorney as their advisor [or advocate] during the campus’ resolution process. Attorneys are subject to the same restrictions as other advisors [or advocates] in the process as described in the student conduct process.
The University investigates allegations of sex/gender based harassment, discrimination or misconduct to determine whether there is evidence to indicate a policy violation is “more likely than not.” This standard, called the preponderance of the evidence, corresponds to an amount of evidence indicating a policy violation is more than 50% likely.
You may request a room change if you want to move. Room changes under these circumstances are considered emergencies. It is typically institutional policy that in emergency room changes, the student is moved to the first available suitable room. If you prefer that the responding party be moved to another residence hall, that request will be evaluated by the Title IX Coordinator to determine if it can be honored. Other assistance and modifications available to you might include:
- Assistance from University support staff in completing a room relocation;
- Arranging to dissolve a housing contract and pro-rating a refund;
- Assistance with or rescheduling an academic assignment (paper, exams, etc.) or otherwise implementing academic assistance;
- Taking an incomplete in a class;
- Assistance with transferring class sections or changing to a special topics seminar;
- Temporary withdrawal;
- Assistance with alternative course completion options;
- Escorts on campus;
- On or off-campus counseling assistance; or
- Other accommodations for safety as necessary.
An employee may request an office change or classroom teaching assignment change through the Title IX Coordinator. The Title IX Coordinator will evaluate the request and options with Human Resources and appropriate supervisors. In cases where the safety of a reporting party is at issue, the university will take measures to eliminate the risk associated with an office or classroom. Other assistance and modifications available might include:
- Changing work schedules
- Providing a substitute instructor
- Telecommuting (if reasonable for the job responsibilities)
- Temporary paid leave
- Change of parking assignment
- Escorts on campus
Preserving the physical evidence within the first 120 hours following a sexual assault is crucial. Physical evidence must be collected in a timely manner by either your local Law Enforcement Agency or a local Hospital/Certified Medical Facility, in order to have it properly processed through a SANE* (see below).
It is recommended that you do not bathe, shower, douche, eat, drink, smoke, brush your teeth, urinate, defecate, or change clothes before receiving medical attention. Even if you have already taken any of these actions, you are still encouraged to have prompt medical care, and evidence may still be recoverable. If going to the hospital for a *SANE (Sexual Assault Nursing Exam), it may be helpful to bring an extra set of clothing in the event that clothing is collected as evidence.
Do not urinate before going to the hospital. Date rape drugs leave your body quickly. One of the more widely used “Date Rape Drugs” Rohypnol stays in the body for several hours, and can be detected in the urine up to 72 hours after taking it. The other widely used “Date Rape Drug” GHB, leaves the body in only 12 hours.
Typically, if Law Enforcement is involved or will be involved, they will obtain evidence from the scene, and it is best to leave things undisturbed until their arrival. The Police may gather bedding, linens or unlaundered clothing, and any other pertinent articles that may be used for evidence. It is best to allow police to secure items in evidence containers, but if you are involved in transmission of items of evidence, such as to the hospital, secure them in a clean paper bag or clean sheet to avoid contamination. Plastic bags or containers are not recommended.
If physical injuries are present, photograph or have them photographed, with a date stamp on the photo. SANE Nurses or Law Enforcement, have equipment to photograph injuries.
Record the names of any witnesses and their contact information. This information may be helpful as proof that a crime has occurred, or to obtain an order of protection, or to offer proof of a campus policy violation.
Try to memorize details (e.g., physical description, names, license plate number, car description, etc.), or write down notes of any details you recall from the incident, or any suspicious text messages, social media correspondences/posts and or emails.
If you obtain external orders of protection (e.g., personal protective orders or an injunction against harassment/abuse), please notify your local Police Department, Campus Safety Office and the Title IX Coordinator, so that those orders can be observed also on campus. The Title IX Coordinator and or the Dean of Students Office, may provide interim and supportive measures such as a no contact order.
No. The seriousness of sexual misconduct is a major concern and the University does not want any of the circumstances (e.g., drug or alcohol use) to inhibit the reporting of sexual misconduct. The University provides amnesty from any consequences for minor policy violations that occur during or come to light as the result of a reporting party’s report of sexual misconduct. However, in the interest of safety, flight students may be grounded from flight activity until they are emotionally and physically prepared to return to the cockpit. The Health Center and Counseling Services will assist students with this process and evaluation. It is not necessary for the reporting party to reveal to the flight department the details or circumstances of an assault.
Not unless there is a compelling reason to believe that prior use or abuse is relevant to the present matter.
If you believe that you have experienced sexual misconduct, but are unsure of whether it was a violation of the University’s sexual misconduct policy, you should contact the Title IX Coordinator (not confidential) or Counseling Center (confidential). If you believe you have experienced non-consensual sexual intercourse, you should contact The Health Center or the hospital emergency room to address all possible physical injuries.
Associate Dean of Students/Title IX Coordinator
Prescott, AZ 86301