Title IX -- Sexual Misconduct Policy
Drury University strives to be 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’s Sexual Misconduct Policy defines the various forms of sexual misconduct that violate the standards of our community, identifies resources, and outlines the University’s student conduct process, including the outcomes imposed for violations of this policy. Drury University complies with Title IX, and does not discriminate on the basis of sex in its educational programs and activities. Sexual harassment, including sexual misconduct as defined in this policy, is prohibited under Title IX.
The following Title IX officers have been appointed from members of the senior staff to ensure that Drury University is in compliance with Title IX, and can be contacted regarding any Title IX issues.
Title IX Coordinator
Scotti Siebert, Director of Human Resources 873-7854
Barbara Cowherd, Associate Athletic Director 873-7363
Tijuana Julian, Dean of Students 873-7215
Charles Taylor, Dean of the College 873-7225
Faculty and Staff Standards
Members of the faculty or staff at Drury University 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 decision.
Reporting Incidents of Sexual Misconduct
Individuals are encouraged to report alleged incidents of sexual misconduct immediately, whether they are a victim or observer of an incident in order to maximize the University’s ability to respond promptly and effectively, and meet its Title IX obligation by taking steps to end the behavior, prevent its recurrence and address its effect. Incidents can be reported in the following manner:
Policy Definitions and Violations
Sexual Misconduct is defined as any conduct that constitutes sexual harassment by individuals or organizations that is prohibited by Title IX. Sexually harassing conduct that disrupts or undermines a person’s ability to participate in or to receive the benefits, services, or opportunities of the university is prohibited, especially when it interferes with an individual’s educational performance, or equal access to the university’s resources and opportunities, or when such conduct creates an intimidating, hostile, or abusive educational environment. A member of the university community can be a victim or offender regardless of gender. This policy is utilized by Drury University to comply with Title IX and to respond promptly to reports of the following sexual misconduct violations.
Sexual Misconduct Definitions:
Having or attempting to have non-consensual sexual intercourse with another person. Sexual intercourse includes an act or oral, vaginal, or anal penetration, however slight, with an object or body party by any individual upon another person.
Having or attempting to have non-consensual, non-accidental contact of a sexual nature with another person. Sexual contact can include but is not limited to, touching or kissing another individual.
The use of, or attempt to use, pressure and/or oppressive behavior, such that the application of such pressure or behavior causes the person who is the object of the pressure or behavior to engage in unwelcomed sexual activity. Coercion can take the form of pressure, threats, intimidation, or the use of physical force, either expressed or implied, which places a person in fear of immediate harm or physical injury. Coercion can also take the form of pressure to consume alcohol or other drugs prior to engaging in a sexual act.
An act or acts attempted or committed by a person for sexual gratification, financial gain, or advancement through the abuse or exploitation of another person’s sexuality. Examples include observing individuals without consent, non-consensual audio or videotaping of sexual activity, unauthorized presentation of recordings of a sexual nature, prostituting another person, allowing others to observe a personal consensual sexual act without the knowledge or consent of all involved parties, and knowingly exposing an individual to a sexually transmittable infection or virus without his or her knowledge.
A course of repeated non-consensual conduct directed toward another person that could be reasonably regarded as likely to alarm, harass, or cause reasonable fear of harm or injury to that person. Stalking may include, but is not limited to, unwelcomed and repeated visual or physical proximity to a person, repeatedly convey oral or written threats, extorting money or valuables, threatening physical conduct, or any combination of these behaviors directed at or toward a person.
A type of stalking in which electronic media, such as internet, social networks, blogs, cell phones, texts, or other similar devices or forms of contact are used to pursue, harass, or to make unwelcomed contact with another person in an unsolicited fashion. Examples of cyber-stalking include, but are not limited to, unwelcomed or unsolicited emails, instant messages, and messages posted on on-line bulletin boards. It also includes, but is not limited to, unsolicited communications about a person, their family, friends, or co-workers, or sending or posting unwelcomed and unsolicited messages with another username.
Intentionally targeting an individual or group with conduct that is unrelated to any legitimate educational purpose, or could be reasonably be regarded as being severe, persistent, or pervasive and would interfere with one’s ability to participate in or benefit from their university experience. Harassing behavior could also be related to targeting an individual or group’s gender, sexual orientation, or ethnicity. This conduct may occur in a single instance, or may be the cumulative result of a series of incidents and may include, but is not limited to, acts of verbal, nonverbal, or physical aggressions, as well as intimidation or hostility based on gender, sexual orientation, or ethnicity.
Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal, physical, or visual conduct of a sexual nature when:
Examples of Sexual Harassment include:
Acts or attempts to retaliate or seek retribution against anyone involved in or connected to an allegation and/or resolution of sexual misconduct.
Consent to engage in sexual activity must exist from the beginning to end of each instance of sexual activity. Consent consists of an outward demonstration indicating that someone has freely chosen to engage in sexual activity. In the absence of an outward demonstration, consent does not exist. Consent is informed, knowing, and voluntary. Consent is demonstrated through mutually understandable words and/or actions that clearly indicate a willingness to engage in sexual activity. Consent is not effective if it results from the use of physical force, intimidation, coercion, or incapacitation. If a sexual act is occurring and physical force, intimidation, coercion, or incapacitation develops, there is no longer consent.
Consent to engage in sexual activity may be withdrawn by either party at any time. Withdrawal of consent must also be outwardly demonstrated y words or actions that clearly indicate a desire to end sexual activity. Once withdrawal of consent has been expressed, sexual activity must cease.
The inability, temporarily or permanently, to give consent, due to mental or physical incapability, unconsciousness, or vulnerability due to drug or alcohol consumption (voluntarily or involuntarily), or for some other reason. Examples of incapacitation may include, but are not limited to, vomiting, being unconscious, or being unable to communicate for any reason.
All reports of sexual misconduct will be handled in confidence to the extent allowed by law. The information reported would only be shared with those university employees who will be assisting in the investigation and/or resolution of the complaint. The University’s ability to make a meaningful investigation and take corrective action may be limited if an individual insists on complete confidentiality.
Further, if a report of misconduct discloses an immediate threat to the university campus community, where timely notice must be given to protect the health or safety of the community, the university may not be able to maintain the same level of confidentiality. Immediately threatening circumstances include, but are not limited to, reported incidents of sexual misconduct that included the use of force, a weapon, or other circumstances that represent a serious and ongoing threat to students, faculty, staff, or visitors.
Incidents may be reported confidentiality to the Counseling Center. University mental health counselors are bound to professional standards regarding confidentiality, and will not reveal the identity of victims, unless there is an imminent safety concern or as otherwise required by law.
Resources and Support
Drury University offers non-judgmental support to any party involved in a sexual misconduct incident.
Information Available and Rights for the Complainant:
Information Available and Rights for the Respondent:
Process for Investigating Reports of Sexual Misconduct
Drury University is committed to providing all members of the university community with a safe place to live and learn. Consistent with this philosophy, the university will investigate all allegations of sexual misconduct. Any individual may bring an allegation, as outlined in the Sexual Misconduct Policy, which will activate the investigation steps outlined below.
The university is obligated to investigate all allegations of sexual misconduct, regardless if the investigation culminates in a hearing. The university investigation is independent of any civil criminal investigation, which could lead to the criminal justice system. The university investigation process should be thorough, prompt, and impartial, and should follow the steps outlined below:
Process for Resolution
Resolutions of Sexual Misconduct allegations are achieved in the following manners. These correlate to the type of process that is pursued.
Guidelines for Judicial Conduct Board hearings are outlined in the Student Affairs Community Standards Hanbdook. The Hearing Board will consist of three faculty/staff members selected from a pool of trained board members. Unlike membership of the Judicial Board for other areas of Student Conduct, those for cases involving sexual misconduct will not include student membership.