Sexual Harassment Policy
Policies & procedures regarding sexual harassment
Drury University is a safe, education-oriented and community-minded campus that maintains an academic and social environment conducive to intellectual and personal development of students and promotes the safety and welfare of all members of the campus community. Drury University prohibits sexual abuse and/or harassment by its students, employees and citizens. Drury University will cooperate with authorities in the enforcement of all applicable laws.
Sexual harassment is the use of personal authority or power to coerce or influence another person into unwanted sexual relations or to create a sexually intimidating, hostile or offensive academic or work environment. Sexual harassment is unwelcome sexual advances or comments, requests for sexual favors and other verbal or physical conduct of a sexual nature. These actions constitute sexual harassment when:
- Conduct has the purpose or effect of unreasonably interfering with an individual's academic or work performance, or creating an intimidating, hostile or offensive academic or work environment.
- Submission to conduct is made either explicitly or implicitly a term or condition of an individual's academic or employment retention or advancement.
- Submission to or rejection of such conduct by an individual is used as the basis for academic or employment decisions affecting the individual.
The use of sexual abuse and/or harassment by Drury students, university employees or Drury citizens is prohibited on university-owned or -controlled property, in conjunction with university-sponsored or -supervised activities, or at any activity or event that an observer would associate with Drury students, university employees or Drury citizens.
This policy has been established to protect the integrity of the educational experience, encourage positive behavior and enhance the community commitment of Drury students, university employees or Drury citizens.
FACULTY AND STAFF STANDARDS
It is the policy of Drury University that a member of the faculty or staff shall not engage in amorous or sexual relations with, or make amorous or sexual overtures to, any student over whom he or she holds a position of authority with regard to academic or administrative judgments and decisions.
- CONFIDENTIAL REPORTING: Concerned Drury citizens may report possible incidents or information relating to an incident at www.drury.edu/informationreport
- DRURY UNIVERSITY POLICIES & PROCEDURES: Current Drury University Community Standards Policies and Procedures can be found at www.drury.edu/communitystandards
- MISSOURI STATUTES: Current Missouri statutes can be found at: www.moga.mo.gov
EDUCATIONAL PROGRAM OPPORTUNITIES
In support of this policy, the university shall conduct periodic orientation and educational programs for faculty, students and staff to ensure a healthy academic, social and work environment for all Drury citizens.
RESPONSIBILITY & COOPERATION FOR REPORTING INCIDENTS
Any person who feels that he or she or another person has been the victim of an incident or involved in a questionable situation involving a Drury student, university employee or Drury citizen on Drury property, at any Drury activity or at any activity that an observer would associate with a Drury student, university employee or Drury citizen must immediately report the incident to the appropriate staff member, such as the Dean of the College, the Dean of Students, the Director of Human Resources or the Chaplain, or complete the online reporting form at www.drury.edu/informationreport. Drury will investigate all reported incidents and take appropriate action.
Students, university employees and other Drury citizens are required to cooperate fully with any investigation by or at the request of Drury University. Full cooperation is defined as complying with the requests of the university at the time of the incident and throughout the duration of the investigation. These requests include, but are not limited to: being available for formal questioning relating to the incident, releasing relevant information to the university and allowing university officials access to information surrounding the incident which may directly impact the safety and security of Drury students, university employees and other Drury citizens.
Information provided to Drury University during an investigation will not be released to a third-party unless mandated by law. Drury University investigations are for the purposes of Drury University only.
The individual contacted will, in turn, see that the appropriate officer of the university is aware of the complaint and that an investigation of the complaint is made. The appropriate officer for a complaint against a faculty member is the Dean of the College; for complaint against a staff member, the Director of Human Resources; for a complaint against a student, the Dean of Students.
The investigation of the complaint will be conducted by at least one of the university officers and will adhere to the following guidelines:
- The appropriate officer(s) shall conduct the investigation as soon as possible after the complaint has been received.
- The investigation should be done as discreetly as possible, with the identity of the parties involved and the information collected treated as highly confidential.
- The individual making the complaint in good faith shall have no fear of reprisal.
- At the time a formal investigation is undertaken, the individual shall make the complaint in writing.
- The results of the investigation will be reported in writing to the parties involved.
If the investigation proves the complaint valid, appropriate counseling will be provided and/or disciplinary action may be taken. The university president, in consultation with the investigating officer(s), will determine if disciplinary action is deemed appropriate. Sexual harassment is a serious matter that may lead to dismissal of the student or employee. It is grounds for termination of tenured faculty.
SEXUAL ABUSE & HARASSMENT POLICY VIOLATION SANCTIONS
Sanctions provide a means for the rectification or correction of any damages resulting from inappropriate behavior, protect the excellence of the educational and social environment, and assist the individual in leading a healthier lifestyle.
Sanctions may include but are not limited to:
- Career counseling
- Community service hours
- Disciplinary probation
- Disciplinary suspension from the university
- Educational sanctions
- Loss of participation and privileges in campus organizations
- Parent notification
- Peer mentoring
- Professional assessment
- Removal or restricted access from campus housing
Violators of this policy will be subject to sanctions ranging from official letters of warning and reprimand to disciplinary suspension from the university, according to the severity of the offense.
Special assistance is available to student victims of sexual offenses by calling the Security Department at 873-7911. Such assistance is available 24 hours a day throughout the entire year.
CALLS FOR HELP
Upon receiving a call that a sex offense has occurred, the security officer will determine if the victim or others are in any immediate danger, the victim's first name or other means by which the victim can be identified, the nature of the offense and the present location and phone number where the victim may be reached.
- IMMEDIATE DANGER: If the officer believes there is a clear and immediate danger to the victim or others, or if there are serious injuries or trauma, the on-duty security officer and the Springfield Police Department will be notified. When the immediate danger is past, the help of a Rape Crisis Counselor will be offered.
- NO IMMEDIATE DANGER: When there is no indication of immediate danger, the officer will encourage the victim to accept the help of a Rape Crisis Counselor, who has been trained to provide such assistance. The on-call security supervisor will be contacted and assume charge of the situation.
- CONSENT FOR HELP: If the victim consents to talk with a counselor, the officer will immediately seek to contact Springfield Rape Crisis for immediate assistance. The officer then will contact the victim to give him/her the name of the proposed counselor. The victim then may ask for a different counselor if the proposed counselor is known to the victim or is unacceptable for any reason. In such an event, the officer will request another counselor who is available and then repeat the identification process. When the victim approves a proposed counselor, the officer will immediately call Springfield Rape Crisis center.
- REFUSAL OF HELP: If the victim declines to talk with a counselor, any information obtained by the officer will be reported to the Dean of Students.
The officer will provide the victim with the following information, including telephone numbers for the referral sources:
- The victim's right to anonymity
- The university's willingness to appoint a person to serve as the victim's liaison with college officials and other parties, including service as the victim's advisor in any disciplinary proceeding against the alleged offender
- The availability of medical treatment, counseling services, and other resources
- The procedures for reporting the incident to the security department, the Springfield Police Department or other appropriate law enforcement agencies
- The university's procedures for disciplinary action against students found guilty of sexual offenses
- The availability of local attorneys for legal counsel
MEDICAL AND COUNSELING ASSISTANCE
The officer will encourage the victim to seek medical treatment or examination, if needed, and offer to arrange transportation to a local hospital. Should the victim desire counseling, the officer will offer to make the necessary arrangements.
- RAPE KIT: If the sexual offense involved sexual intercourse, the officer will inform the victim about the importance of the rape kit (if the sexual intercourse occurred within the previous 72 hours) in order to preserve evidence. The rape kit procedure can be performed at a local hospital.
- SUPPORT AND SAFETY: Should the victim require medical examination or treatment, the officer can remain outside the examination or treatment room during the examination or treatment and then return the victim to his or her residence or, if necessary, to a safe place other than the victim's residence.
REPORT OF OFFENSE
When time permits, in an area free from distractions, the officer will interview the victim and complete an offense report form.
- VICTIM’S STATEMENT: The officer will provide the victim's account of the offender's actions and any relevant background information.
- OTHER INFORMATION: The officer will also seek and identify in the report as much potential corroborating information as possible.
- OPTIONS: The officer will provide information to the victim concerning the options for reporting the alleged sexual offense and will use one of the following three formats as selected by the victim:
- ANONYMOUS REPORT: The report will not include the name of the victim or other information about the victim's identity. The report will be used solely for information to enhance prevention programs and to prepare statistical records. The officer, who will verify that the victim has requested that no further investigation or action be undertaken, will sign the report.
- SIGNED REPORT: The report will include the name of the victim, but will be used solely for the statistical and informational purposes of an anonymous report. The report will be signed by the victim and will verify that he or she requests that no further investigation or action be undertaken.
- FORMAL COMPLAINT: The report will be signed by the victim and will request further investigation and appropriate disciplinary action. This is the preferred option. Absent special circumstances, the officer will encourage the victim to choose the third option for a formal complaint.
Regardless of the type of report, the officer and other involved university employees will keep the name of the victim and other information about the victim’s identity confidential.
FILING OF REPORT
Promptly after the completion of a report, the officer will deliver the original copy of the report to the Dean of Students and a photocopy of the report to the Director of Security. Upon receipt of a report, if the Director of Security determines there is a safety threat to the community, the victim will be consulted, and an appropriate warning will be issued to the community.
CHANGE OF PROGRAM OR RESIDENCE
The university will change the victim's class schedule, or the victim's location in the housing system, if the victim requests such change and the new classes and/or location can be reasonably provided.
If the report requests disciplinary action and the offender is a student, the Dean of Students will review the complaint for action pursuant to the Student Conduct Code. The Student Conduct Code establishes the policy for student disciplinary cases, and copies are available for review in the Dean of Students' Office. Disciplinary action under the Drury University Student Conduct Code is independent of any legal proceedings. This action may run concurrently with or in addition to any law enforcement investigation or court proceedings.
The following sections of this protocol summarize some of the steps in the disciplinary procedures implemented by the Dean of Students:
- INVOLVED PERSONS: In the disciplinary process, the victim of a sexual offense is referred to as the complainant, and the student who offended the victim is referred to as the accused student. Collectively, the complainant and the accused student are referred to as the parties for the particular case.
- GENDER BALANCE: The Dean of Students may elect to handle sexual offense complaints in cooperation with another faculty or staff member of the opposite sex in order to eliminate the risk of any gender bias, either perceived or real.
- ADMINISTRATIVE RESOLUTION: The Dean of Students will conduct an investigation to determine if the complaint has merit. Unless the complaint is found to be without merit, the Dean of Students will seek to resolve the matter administratively by determining the nature and severity of the violations and by reaching an agreement with the accused student on the appropriate sanctions for such violations. The Dean of Students will confer with the complainant prior to completing an agreement with the accused student. If the complainant is dissatisfied with the completed agreement, the complainant may appeal to the college judicial board.
- WRITTEN CHARGES: If the complaint cannot be resolved administratively by mutual consent, the Dean of Students will prepare written charges against the accused student, unless the Dean of Students finds there is no probable cause (that is, reasonable grounds) for the filing of charges. The charges will be forwarded to the college judicial board, and the Dean of Students will send copies to the accused student and the complainant.
- HEARING DATE: The judicial board will set the time and place for the hearing, and both the accused student and the victim will be given notice of the hearing at least one week in advance of the date. Either party may request the board to delay the hearing for good cause.
- HEARING GUIDELINES: The hearing will be administrative in nature, and every attempt will be made to ensure a fair and impartial hearing. Following is a summary of the guidelines for such hearings.
- CLOSED HEARING: Hearings will be conducted in closed session. The parties may be present during the hearings but may not be present during the deliberations of the board.
- ADVISORS: The complainant and the accused student will each have the right to be assisted by an advisor who is a full-time student, faculty or staff member of the university.
- ADMISSION OF OTHERS: Admission of witnesses and other persons to the hearing will be subject to the discretion of the board, as permitted by the Family Educational Rights and Privacy Act.
- WITNESSES: The parties will have the privilege of presenting witnesses, and the board may call additional witnesses.
- CROSS-EXAMINATION: The members of the board may question and cross-examine witnesses. The parties and/or their advisors may not cross-examine witnesses or other parties, but may suggest questions to be asked by the chairperson of the board.
- DELIBERATION & VOTING: After the hearing, the board will deliberate, and then determine by secret ballot, whether or not a majority of the members believe the accused student violated the Student Conduct Code.
- STANDARD OF REQUIRED PROOF: The board's determination will be made on the basis of whether it is more likely than not that the accused student violated the Student Conduct Code, which is equivalent to the "preponderance of the evidence" standard.
- REOPENING OF HEARING ON QUESTION OF SANCTIONS: If the board finds that the accused student committed one or more violations of the Student Conduct Code, the board may recall the parties, and any other witnesses, to receive evidence or statements about the appropriateness of disciplinary sanctions. Such evidence may include testimony of character witnesses on behalf of the accused student, evidence of prior acts of misconduct, and/or a victim's impact statement.
Based on its findings of violations, or lack thereof, and its information about the appropriateness of sanctions, the board will determine the disciplinary sanctions to be recommended to the Dean of Students for imposition against the accused student.
ANNOUNCEMENT OF DECISION
Upon conclusion of its deliberations, the board will then recall the parties to announce its decisions.
Due to the special problems of sexual offenses, the board also will utilize the following procedures.
- ROOM DIVIDER: The board will install a screen divider between the complainant and the accused student in order to prevent eye contact between the parties during the hearing.
- PARTICIPATION BY TELEPHONE: If the complainant does not believe the divider screen will be adequate, the board will offer to the complainant the opportunity to testify at the hearing and to listen to the proceedings of the hearing through speaker telephones located in the hearing room and in a separate room assigned to the complainant by the board. Only the complainant and his or her advisor may be present in the assigned room.
- CORROBORATIVE EVIDENCE: The board will make a concerted effort to avoid any re-victimization of the complainant and shall seek out all avenues of corroborative evidence identified by the complainant without limiting itself to statements of the complainant and the accused student. If necessary, the board may recess its hearing to a later announced time when further evidence may be available.
IMPOSITION OF SANCTIONS
If the board finds that an accused student violated the Student Conduct Code, then the Dean of Students will impose appropriate disciplinary sanctions and give written notice of the sanctions to the accused student and the complainant. The sanctions may be the same as, less than, or greater than the sanctions recommended by the board.
NOTICE OF RIGHT TO APPEAL
The Dean of Students will provide written notice to the accused student and the complainant about the board's decisions and the resulting actions by the Dean of Students. Such notices will include information about each party's right of appeal under the Student Conduct Code.
Either party may appeal decisions in the case to the president of the university. Appeals are limited to reviews of the official records. Appeals do not include additional hearings.