Policy on Sexual Assault, Harassment, and Other Sexual Offenses

Effective September 15, 2015

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I. PURPOSE

The educational mission of a university is to foster an open learning and working environment. Any form of discrimination, harassment, sexual violence, domestic violence, sexual assault, stalking, and other forms of sexual misconduct is antithetical to this mission. Webster University is committed to maintaining a safe learning and working environment that is free of discrimination, harassment, sexual violence, and other forms of sexual misconduct that undermine its educational mission. Our training programs and educational tools related to sexual assault, harassment and other sexual offenses inform Webster students and employees of these prohibited activities and the corresponding obligations and procedures for reporting and responding to related complaints.

While we make every effort to educate the community to prevent sexual assault, harassment, and other sexual offenses from occurring, we are also committed to providing support to those affected when this behavior does occur. The University has made special resources available to help members of the University community who experience sexual offenses. These resources are described in this policy.

This policy also provides the campus community with the appropriate process for reporting and redressing individual complaints related to sexual harassment, sexual assault, domestic violence, dating violence, stalking and other sexual offenses that occur to members of our community. Because of the sensitive nature of sexual offenses and the use of the same policy for all constituents, this procedure is slightly different than the procedure for hearing complaints of other alleged policy violations.

II. POLICY SCOPE

This policy applies to all full-time and part-time students and employees of the University. This world-wide policy includes all University campuses, all locations where University-sponsored events and activities occur and all on-line, Skype, and social media activity initiated by a student or employee of the University that may impact others in our University community.

III. POLICY STATEMENT

Webster University strongly prohibits sexual assault, sexual harassment, dating violence, domestic violence, stalking, sexual violence, and other sexual offenses described by this policy, as well as state and federal law. The University will promptly and effectively respond to reports of sexual offenses and harassment and will take appropriate action to prevent, correct, and if necessary discipline behavior that violates this policy.

The University strictly prohibits threats, intimidation, and retaliation against a student, administrator, faculty, staff or other employee for reporting a sexual offense described in this Policy, bringing a complaint of harassment or discrimination, or for assisting another in reporting a sexual offense or filing a complaint. Retaliation is a clear violation of University policy, and applicable law, and is a serious offense that may result in separate disciplinary action.

IV. DEFINITIONS

A. Complicity is any act that knowingly aids, facilitates, promotes or encourages the commission of Prohibited Conduct by another person.

B. Consent refers to positive, unambiguous, and voluntary agreement. See Section VI.

C. Dating Violence is violence by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. Whether there was such a relationship is determined based on the reporting party's statement and with consideration of the length, type, and frequency of interaction. Dating violence includes but is not limited to, sexual or physical abuse or the threat of such abuse, but does not include acts covered under the definition of domestic violence.

D. Discrimination is any unlawful distinction, preference or detriment to an individual as compared to others that is based on an individual's protected status and that is sufficiently serious to unreasonably interfere with or limit:

      • An employee's or applicant for employment's access to employment or conditions and benefits of employment (e.g., hiring, advancement, assignment);
      • A student's or admission applicant's ability to participate in, access, or benefit from educational programs, services, or activities (e.g., admission, academic standing, grades, assignment, campus housing);
      • An authorized volunteer's ability to participate in a volunteer activity; or
      • A guest's or visitor's ability to participate in, access, or benefit from the University's programs.

E. Domestic Violence is conduct including violent misdemeanor and felony offenses committed by: the reporting party's current or former spouse or intimate partner; current for former cohabitant; a person with whom the victim shares a child in common; persons similarly situated to a spouse of the victim under domestic violence or family law; or any other person against an adult or youth victim who is protected under domestic or family violence law.

F. Fondling is the intentional touching of the private body parts of another person for the purpose of sexual gratification, without that person's clear, knowing, and voluntary consent.

G. Gender Discrimination refers to situations in which an employer treats an individual or group of individual employees differently, based on their gender identity, gender expression, or sexual orientation.

H. Gender Expression. Gender expression refers to all of the external characteristics and behaviors that are socially defined as either masculine or feminine, such as dress, grooming, mannerisms, speech patterns and social interactions.

I. Gender-Based Harassment. Gender-based harassment is verbal, nonverbal, graphic, or physical aggression, intimidation, or hostile conduct based on gender, gender stereotyping, sexual orientation, gender identity, or gender expression that interferes with or limits a person's ability to participate in or benefit from the University's employment or educational activities and opportunities. For example, persistently ridiculing a person based on a perceived lack of stereotypical masculinity.

J. Gender Identity refers to a person's innate, deeply felt psychological identification as a man, woman, or some other gender which may or may not correspond to the sex assigned to them at birth.

K. Harassment is a type of discrimination that occurs when verbal, physical, electronic or other conduct based on an individual's protected status interferes with that individual's (a) educational environment (e.g., admission, academic standing, grades, assignment); (b) work environment (e.g., hiring, advancement, assignment); (c) participation in a University program or activity (e.g., campus housing); or (d) receipt of legitimately-requested services (e.g., disability or religious accommodations), thereby creating a hostile work environment.

L. Incapacitation refers to a person's physical and/or mental inability to make informed, rational judgments that voids an individual's ability to give consent. See Section VI below.

M. Interpersonal Violence includes physical, sexual, emotional, economic or psychological actions or threats of actions related to this Policy that a reasonable person in similar circumstances and with similar identities would find intimidating, frightening, terrorizing, or threatening. Such behaviors may include threats of violence to one's self, one's family member, or one's pet.

N. Retaliation is acts or words taken against an individual because of the individual's participation in a protected activity that would discourage a reasonable person from engaging in protected activity. Protected activity includes an individual's good faith: (i) participation in the reporting, investigation or resolution of an alleged violation of this Policy; (ii) opposition to policies, practices, or actions that the individual reasonably believes are in violation of the Policy; or (iii) requests for accommodations on the basis of religion or disability. Retaliation may include intimidation, threats, coercion, or adverse employment or educational actions. Retaliation may be found even when an underlying report made in good faith was not substantiated. Retaliation may be committed by the Responding Party, the Reporting Party or any other individual or group of individuals.

O. Seductive Behavior describes a pattern of unwelcome behaviors such as touching that may or may not be precipitated by an interest in sexual activity, but create a hostile or intimidating environment.

P. Sexual Assault occurs when one person engages in rape, fondling, incest, or statutory rape of another, without that person's clear, knowing, and voluntary consent. Sexual assault includes penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.

Q. Sexual Exploitation includes any conduct in which an individual takes advantage of another without his/her consent for his/her own advantage or benefit, or to benefit or advantage anyone other than the one being exploited. Examples of sexual exploitation include, but are not limited to:

      • Causing the prostitution of another person;
      • Non-consensual recording or photographing of private sexual activity and/or an individual's intimate parts (including genitalia, groin, breasts or buttocks);
      • Non-consensual distribution of recordings, photos, or other images of an individual's sexual activity and/or intimate parts (including genitalia, groin, breasts or buttocks);
      • Allowing third parties to observe private sexual activity from a hidden location, (e.g., a closet).

R. Sexual Harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical contact of a sexual nature, which constitutes sexual harassment when 1) submission to such conduct is made either explicitly or implicitly a term or a condition of an individual's employment or education, or 2) submission to or rejection of such conduct is used as a basis for employment or academic decisions affecting that individual, or 3) such conduct has the purpose or effect of unreasonably interfering with an individual's work or academic performance, or of creating an intimidating or hostile educational or employment environment.

It is often difficult to define exactly what constitutes an intimidating or hostile environment because individuals have different perceptions regarding sexual behavior. To determine whether a hostile environment has been created, the University will consider the conduct in question from both a subjective and objective perspective. Specifically, the University will evaluate the conduct from the perspective of a reasonable person in the reporting party's position, considering all the circumstances. The more severe the conduct, the less need there is to show a repetitive series of incidents to prove a hostile environment, particularly when the conduct is physical. Conduct creates a hostile environment if the conduct is sufficiently serious that it interferes with or limits the reporting party's ability to participate in or benefit from a University program or to perform his or her work. Examples of sexual harassment include, but are not limited to:

      • Verbal abuse or hostile behavior such as insulting, teasing, mocking, degrading or ridiculing another person or group;
      • Unwelcome or inappropriate physical contact, comments, questions, advances, jokes, epithets or demands;
      • Physical assault or stalking;
      • Displays of electronic transmissions of derogatory, demeaning or hostile materials;
      • Unwillingness to train, evaluate, assist or work with a student or employee; or
      • Engaging in behavior that is invasive or disruptive to a Webster University student or employee for the purpose of initiating a sexual or romantic relationship with that person.

S. Sexual Orientation refers to a person's physical and/or emotional attraction to the same and/or opposite gender. A person's sexual orientation is distinct from a person's gender identity and expression.

T. Sexual Solicitations by Promise of Reward include requests for sexual favors, and other verbal or physical contact of a sexual nature when: 1) submission to such conduct is made either explicitly or implicitly a term or a condition of an individual's employment or education, or 2) submission to or rejection of such conduct is used as a basis for employment or academic decisions affecting that individual, or 3) such conduct has the purpose or effect of unreasonably interfering with an individual's work or academic performance, or of creating an intimidating or hostile educational or employment environment.

U. Sexual Violence refers to physical sexual acts perpetrated against a person's will or where a person is incapable of giving consent (e.g., due to the individual's age or use of drugs or alcohol, or because an intellectual or other disability prevents the student from having the capacity to give consent). Sexual violence and sexual assault often refer to similar kinds of conduct. A number of different acts fall into the category of sexual violence including rape, sexual battery, sexual abuse, sexual coercion, dating violence, and domestic violence.

V. Stalking is a course of conduct (two or more acts) directed at a specific person that would cause a reasonable person to fear for her, his, or others' safety, or to suffer substantial emotional distress. Stalking may take many forms, including where the individual directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person's property.

V. PROHIBITED CONDUCT The University will take disciplinary action against an individual found to have engaged in discrimination, harassment, sexual violence, or other sexual misconduct. The type and severity of disciplinary action taken will depend upon the specific violation(s) and the specific circumstances of each case. A person may be found responsible for violating more than one section of this Policy.

A. Discrimination. The University prohibits discrimination on the bases of sex and gender (see also Webster University's EEO policies).

1. Sex Based Discrimination. A person violates Section V.A(1) of this Policy if he or she discriminates against an individual based on sex or sexual orientation.

2. Gender Based Discrimination. A person violates Section V.A(2) of this Policy if he or she discriminates against an individual based on gender or gender identity.

B. Harassment. The University prohibits sexual and gender based harassment.

1. Sexual Harassment. A person violates Section V.B(1) of this Policy if he or she makes unwelcome sexual advances, requests for sexual favors, and other verbal or physical contact of a sexual nature that are 1) made either explicitly or implicitly as term or a condition of an individual's employment or education, or 2) used as a basis for employment or academic decisions affecting that individual, or 3) unreasonably interferes with an individual's work or academic performance, or creates an intimidating or hostile educational or employment environment.

2. Gender-Based Harassment. A person will be found responsible for Section V.B(2) of this Policy if he or she engages in aggressive, intimidating, or hostile conduct based on gender, gender stereotyping, sexual orientation, gender identity, or gender expression that interferes with or limits a person's ability to participate in or benefit from the University's employment or educational activities and opportunities.

C. Sexual Violence, Unwanted Sexual Contact, and Sexual Offenses. The University prohibits all forms of sexual violence and sexual offenses.

1. Sexual Assault. A person who intentionally engages in certain forms of sexual contact or conduct with another or forces the victim to touch another without that person's clear, knowing, and voluntary consent violates Section V.C(1) of this Policy.

a. Level 1. A person who attempts or succeeds at sexual penetration of any kind or where a person causes the other person to penetrate him/her without the other person's consent violates Section V.C(1)(a) and is responsible for First Degree Sexual Assault under this Policy. Examples of Level 1 Sexual Assault include vaginal, oral or anal penetration by fingers, genitals, or objects.

b. Level 2. A person who attempts or succeeds at the fondling of another without that person's consent or forces the person to touch, directly or through clothing, another person's private body parts without the consent of the victim violates Section V.C(1)(b) and is responsible for Level 2 Sexual Assault under this Policy.

c. Level 3. A person violates Section V.C(1)(c) of this Policy if he or she threatens to use sexual force against another person and is responsible for Level 3 Sexual Assault under this Policy.

2. Unwanted Sexual Contact. A person who engages in unwanted (but not fondling) sexual contact or conduct with another without that person's clear, knowing, and voluntary consent violates Section V.C(2) of this Policy.

a. Level 1. A person who attempts or succeeds at the intentional kissing of another without that person's consent violates Section V.C(2)(a) and is responsible for Level 1 Unwanted Sexual Contact under this Policy.

b. Level 2. A person who attempts or succeeds at the intentional unwelcome touching (but not fondling) of another without that person's consent violates Section V.C(2)(b) and is responsible for Level 2 Unwanted Sexual Contact under this Policy.

3. Interpersonal Violence. A person violates Section V.C(3) of this Policy if he or she commits interpersonal violence, intimate partner violence, dating violence, domestic violence, or relationship violence.

D. Other Sexual Misconduct. The University prohibits all forms of sexual misconduct.

1. Sexual Exploitation. A person violates Section V.D(1) of this Policy if he or she takes sexual advantage of another without his/her consent for his/her own advantage or benefit, or to benefit or advantage anyone other than the one being exploited.

2. Sexual Solicitations by Promise of Reward. A person violates Section V.D(2) of this Policy if he or she offers or implies an employment or education related reward or harm (as defined above) in exchange for sexual favors or submission to sexual conduct.

3. Stalking. A person violates Section V.D(3) of this Policy if he or she stalks another as defined above.

4. Seductive Behavior. A person violates Section V.D(4) of this Policy if he or she engages in seductive behavior as defined above.

E. Complicity. A person violates Section V.E of this Policy if he or she knowingly aids, facilitates, promotes or encourages the commission of Prohibited Conduct by another person.

F. Retaliation. A person violates Section V.F of this Policy if he or she retaliates against another for that person's (1) participation in reporting, investigating, or resolving an alleged violation of this Policy; or (2) opposition to policies, practices, or actions that the individual reasonably believes are in violation of the Policy.

VI. CONSENT

Sexual Consent

Sexual activity requires consent, which is defined as positive, unambiguous, and voluntary agreement to engage in specific sexual activity throughout a sexual encounter. Consent cannot be inferred from the absence of a "no,"; clear "yes," verbal or otherwise, is necessary. Consent to some sexual acts does not constitute consent to others, nor does past consent to a given act constitute present or future consent. Consent must be ongoing throughout a sexual encounter and can be revoked at any time.

Consent cannot be obtained by threat, coercion, or force. Agreement under such circumstances does not constitute consent.

Consent cannot be obtained from someone who is asleep or otherwise mentally or physically incapacitated, whether due to alcohol, drugs, or some other condition. A person is mentally or physically incapacitated when that person lacks the ability to make or act on considered decisions to engage in sexual activity. Engaging in sexual activity with a person whom you know—or reasonably should know—to be incapacitated constitutes sexual misconduct and is a violation of this policy.

Guidance Regarding Sexual Consent

Consent can only be accurately gauged through direct communication about the decision to engage in sexual activity. Presumptions based upon contextual factors (such as clothing, alcohol consumption, or dancing) are unwarranted, and should not be considered as evidence for consent.

Although consent does not need to be verbal, verbal communication is the most reliable form of asking for and gauging consent. Talking with sexual partners about desires and limits may seem awkward, but serves as the basis for positive sexual experiences shaped by mutual willingness and respect.

Incapacitation

Incapacitation is defined as the physical and/or mental inability to make informed, rational judgments that voids an individual's ability to give consent. Incapacitation may be caused by a permanent or temporary physical or mental impairment. Incapacitation may also result from the consumption of alcohol or the use of drugs.

The use of alcohol or drugs may, but does not automatically affect a person's ability to consent to sexual contact. The consumption of alcohol or drugs may create a mental incapacity if the nature and degree of the intoxication go beyond the stage of merely reduced inhibition and reach a point in which the victim does not understand the nature and consequences of the sexual act. In such case, the person cannot consent.

A person violates this policy if he or she has sexual contact with someone he or she knows or should know is mentally incapacitated or has reached the degree of intoxication that results in incapacitation. The test of whether an individual should know about another's incapacitation is whether a reasonable, sober person would know about the incapacitation.

A responding party student or employee cannot rebut a sexual misconduct charge merely by arguing that he or she was drunk or otherwise impaired and, as a result did not know that the other person was incapacitated.

A person who is asleep or who is passed out or unconscious as a result of the consumption of alcohol or drugs is physically helpless and is not able to consent.

VII. VIOLATIONS OF LAW

Behavior that violates the Webster University Policy on Sexual Assault, Harassment and Other Sexual Offenses may also violate the laws of the city, state or country where the incident occurred and subject the perpetrator to criminal prosecution by the presiding authority. The University will comply with laws of these various jurisdictions.

1. Federal: Title IX of the Education Amendments of 1972 (Title IX), 20 U.S.C. §§ 1681 et seq., and its implementing regulations, 34 C.F.R. Part 106, prohibit discrimination on the basis of sex in education programs or activities operated by recipients of federal financial assistance. http://www.justice.gov/crt/about/cor/coord/titleix.php

2. State: Sex offenses are defined by laws of individual states which are referenced here.

3. Global Campuses: Students studying and employees working at one of the University's global campuses should be aware that they are subject to the laws of that country with regard to what constitutes sexual assault or a sexual offense.

NOTE: Some countries and states have less stringent laws than others concerning sexual misconduct. Engaging in any sexual offense described in this policy will result in disciplinary action, even if the conduct at issue occurred in a country, state or municipality where such conduct was not prohibited by law.

VIII. UNIVERSITY TITLE IX COORDINATOR, DEPUTY TITLE IX COORDINATORS, AND "LEAD" TITLE IX COORDINATORS

A. The Title IX Team

The Title IX Coordinator is the person Webster University has designated to ensure Webster complies with Title IX. The Title IX Coordinator's duties include overseeing all Title IX complaints and identifying and addressing any pattern or systemic problems that arise during the review of such complaints.

The Title IX Coordinator has ultimate oversight responsibility, and works with Deputy Title IX Coordinators who assist in fulfilling the Title IX Coordinator's responsibilities. The Deputy Title IX Coordinator assigned to a specific case is referred to the "Lead" Title IX Coordinator for that case.

Members of this Title IX team receive training at least on an annual basis related to carrying out their roles and responsibilities.

B. Webster's designated Title IX Coordinator and the Title IX Coordinator for Employees Reporting Sexual Offenses:

Betsy M. Schmutz, Associate Vice President and Chief Human Resources Officer
University Title IX Coordinator
Webster University
470 E. Lockwood Ave.
St. Louis, MO 63119
314-968-6960
schmutz@webster.edu

C. Webster's Deputy Title IX Coordinators for Students Reporting Sexual Offenses:

Maureen Stroer, Student Affairs Coordinator
Deputy Title IX Coordinator for Student Sexual Misconduct Cases
470 E. Lockwood Ave.
St. Louis, MO 63119
314-968-6980
mstroer@webster.edu

Ted F. Hoef, Associate Vice President for Student Affairs and Dean of Students
Deputy Title IX Coordinator for Student Sexual Misconduct Cases
Webster University
470 E. Lockwood Ave.
St. Louis, MO 63119
314-968-6980
hoeftl@webster.edu

Webster also reserves the right to engage additional trained Deputy Title IX Coordinators on an ad-hoc basis as necessary.

D. Other Reporting Contacts

Sexual Offense Advocate (24/7)
470 E. Lockwood Avenue
St. Louis, MO 63119
314-968-7030 (office)
314 422-4651 (mobile)

Office of Public Safety (24/7)
527 Garden Avenue
(Next to Entrance to Garden Ave. Garage)
St. Louis, MO 63119
314 968-7430
314 968-6911 (Emergency)

IX. REPORTING A SEXUAL OFFENSE

A. Reports to the Sexual Offense Advocate

A person who is the reporting party of a sexual offense, or who witnesses a sexual offense, is encouraged to make a report to the Sexual Offense Advocate. Individuals are encouraged to first report any issues to the Sexual Offense Advocate as such initial reports will be kept completely confidential as the Sexual Offense Advocate is not required to report any information about an incident to the Title IX Coordinator without a reporting party's permission. The Sexual Offense Advocate can advise reporting parties regarding their options in making a report about any sexual offense pursuant to these policies and procedures to the Title IX Coordinator.

The Sexual Offense Advocate can be reached 24 hours a day, seven days a week by mobile phone at 314-422-4651, through Public Safety at 314-246-7430 or 314-968-6900, or during office hours in the Counseling and Life Development Office at 314-968-7030. International students and U.S. citizens living abroad to U.S. Campus: Phone: international access code+314-968-7030 or international access code + 314-422-4651.

The Sexual Offense Advocate is designated by the University as the support and resource person for all students and employees who believe they have experienced sexual assault or a sexual offense. The Sexual Offense Advocate is available to assist campus community members with the following areas of concern:

  • The Sexual Offense Advocate has training in crisis intervention and support techniques, and provides emotional, medical, and/or judicial support either directly or through on- or off-campus referral.
  • The Sexual Offense Advocate informs the person of all rights under this policy and provides procedural information and support as needed. The Advocate also works with Public Safety Officers when necessary to advise the person regarding options available for filing civil and/or criminal charges related to the offense. Those who believe they have experienced a sexual offense may also report the offense directly to Campus Public Safety or to the appropriate Title IX Coordinator or Deputy Title IX Coordinators as indicated above.
  • The Sexual Offense Advocate may serve as the reporting party's support person during all proceedings carried out under University auspices. The Sexual Offense Advocate, in consultation with the reporting party, may designate an alternate to act as representative in the event the Sexual Offense Advocate is unable to perform the duties due to illness or other professional conflicts. The Advocate's role is separate from the administrative functions associated with the Hearing Board or other hearing procedures.

When any incident of sexual offense occurs on campus (or to a member of the Webster University community—even if off-campus), we strongly encourage reporting to the Sexual Offense Advocate and/or the Office of Public Safety. When contacted first, Public Safety will automatically contact the Sexual Offense Advocate.

These people are trained to provide assistance in making decisions about pursuing medical attention, counseling/support services, filing campus disciplinary procedures, preserving evidence, and filing criminal and/or civil charges. In cases where the alleged perpetrator poses a perceived threat to the campus community, the Advocate and Office of Public Safety may work with the appropriate administrators to issue a temporary ban from or restricted access to campus for that person.

It is especially important that a reporting party preserve any evidence that may assist in proving the alleged offense occurred so that authorities and relevant administrators may ultimately take appropriate action against the responding party. Such evidence may include, but is not necessarily limited to, physical evidence or electronic or written communications. Individuals may also obtain a confidential forensic examination by a Sexual Assault Nurse Examiner at St. Mary's Health Center, 6420 Clayton Rd, Richmond Heights, MO 63117, (314) 768-8360. The YWCA also provides a Rape Crisis Hotline (314) 531-7273, which can provide support and resources about sexual assault and forensic exams.

B. Reports to the Title IX Coordinator.

The Sexual Offense Advocate will strongly recommend that all individuals confidentially reporting sexual offenses to the Sexual Offense Advocate file a written statement with the Title IX Coordinator or Deputy Title IX Coordinator. Once reported to the Title IX Coordinator or Deputy Title IX Coordinator, any necessary interim steps will be taken pursuant to Section XI of this Policy. Additionally, such reports will be handled consistent with this Policy regarding investigation, adjudication, and resolution.

C. Reports to the Local Authorities.

Behaviors defined above such as sexual assault, dating violence, domestic violence and stalking constitute potential criminal acts that could be grounds for criminal and/or civil action. Reporting parties of sexual offenses have the right to file a criminal complaint against the perpetrator of the sexual offense and a complaint with Webster University simultaneously.

Webster University encourages reporting parties of sexual misconduct to make a formal report to the appropriate local law enforcement authorities for the purpose of filing a criminal complaint and/or seeking and enforcing a no contact, restraining or similar Court Order and has the right to be assisted by the University in exercising this option.

Contact information for law enforcement offices near Webster University campuses.

In cases where individuals are interested in pursuing criminal and/or civil charges, it is especially important to work with these officers so that statements can be taken and evidence can be collected immediately. If a person experienced sexual intrusion or sexual penetration, one is encouraged to seek medical attention immediately. A medical examination can identify any internal trauma, test for sexually transmitted diseases, as well as obtain appropriate medical evidence should one choose to pursue legal charges at some later date.

The Sexual Offense Advocate can assist the reporting party in understanding options related to pressing civil and/or criminal charges as well as in the process of working with Public Safety and/or local authorities. The Webster University Office of Public Safety can be reached at 314-968-6911 (emergency) or 314-968-7430.

D. Reports Involving Minors or Suspected Child Abuse

Under most state laws, an individual must make a mandatory report of suspected child abuse and neglect, including sexual assault, when that individual, in his/her professional capacity or within the scope of his/her employment, has knowledge of or observes a minor whom the individual knows or reasonably suspects has been the victim of child abuse or neglect, including sexual assault.

All University employees, whether designated as a mandatory reporter under state law or not, are required to immediately report any suspected child abuse and neglect to the Title IX Coordinator and the Director of Campus Safety. The source of abuse does not need to be known in order to file a report.

The University will report all suspected child abuse and neglect, including sexual assault, to law enforcement as required by the state in question. The University must act quickly regarding all reasonable suspicions of sexual or physical abuse. It is not the responsibility of any employee, student, or volunteer to investigate suspected child abuse. This is the role of and law enforcement and other authorities. Timeliness of the reporting is critical.

E. Bystander Intervention

Students and employees are encouraged to engage in safe and positive options to prevent harm or intervene when there is a risk of dating violence, domestic violence, sexual misconduct, or stalking. Bystander intervention includes recognizing situations of potential harm, understanding institutional structures and cultural conditions that facilitate violence, overcoming barriers to intervening, identifying safe and effective intervention options, and taking action to intervene. All students are encouraged to report suspected sexual offenses as detailed above, and in no case should intervene directly in a situation without assistance from the administration or authorities if doing so risks harm to the bystander or victim. Bystander intervention should be carried out only where safe and positive results are warranted. In all cases, bystanders should report any observed sexual offense. Employees are also required to comply with the reporting requirements for responsible employees

X. CONFIDENTIALITY OF INFORMATION

Webster University will make every effort reasonably possible to preserve the privacy of an individual who makes a report under this policy and to protect the confidentiality of the information reported consistent with applicable legal requirements. The degree to which confidentiality can be protected, however, depends upon the University's legal duty to respond to the information reported and the professional role of the person being consulted. The professional being consulted should make these limits clear before an individual reporting under this policy discloses any facts to the professional.

As required by law, disclosures to any Webster University employee of a sexual offense are tabulated for statistical purposes without personal-identifying information. The University must report annually the number of occurrences on-campus of forcible sex offenses (forcible rape, forcible sodomy, sexual assault with an object, forcible fondling) and non-forcible offenses (incest and statutory rape).

Reporting and Confidentially Disclosing Sexual Assault and Other Sexual Offenses: Know Your Options

Webster University encourages reporting parties of sexual assault and offenses to talk to somebody about what happened – so reporting parties can get the support they need, and so Webster University can respond appropriately.

Different employees on campus have different abilities to maintain a reporting party's confidentiality.

Some are required to maintain near complete confidentiality; talking to them is sometimes called a "privileged communication."

Some employees are required to report all the details of an incident (including the identities of both the reporting party and responding party) to the Title IX Coordinator or a Deputy Title IX Coordinator. A report to these employees (called "responsible employees") constitutes a report to the University – and generally obligates Webster University to investigate the incident and take appropriate steps to address the situation.

A. Privileged and Confidential Communications - Reporting to Professional and Pastoral Counselors

1. Professional, licensed counselors and pastoral counselors who provide mental-health counseling to members of the university community (and including those who act in that role under the supervision of a licensed counselor) are not required to report any information about an incident to the Title IX Coordinator without a reporting party's permission.

2. Following is the contact information for these individuals:

3. Gladys Smith, Assistant Director of Counseling, Sexual Offense Advocate
314-968-7030 or mobile: (314) 422-4651 (24 hours)
gmsmith@webster.edu

4. Patrick Stack, Director of Counseling
314-968-7030
stackpa@webster.edu

5. International students and U.S. citizens living abroad to U.S. Campus: Phone: international access code+314-968-7030 or international access code + 314-422-4651.

6. A reporting party who speaks to a professional or non-professional counselor or advocate of the Office of Counseling must understand that, if the reporting party does not permit the professional or non-professional counselor to report the incident to a Title IX Coordinator, Webster University will be unable to conduct an investigation into the particular incident or pursue disciplinary action against the alleged perpetrator.

7. Even so, these counselors and advocates will still assist the reporting party in receiving other necessary protection and support, such as reporting party advocacy, academic support or accommodations, disability, health or mental health services, and changes to living, working or course schedules.

8. A reporting party who at first requests confidentiality may later decide to file a complaint with the university or report the incident to local law enforcement, and thus have the incident fully investigated. These counselors and advocates will provide the reporting party with assistance if the reporting party wishes to do so.

NOTE: While these professional counselors and advocates may maintain a reporting party's confidentiality vis-à-vis the University, they may have legal reporting or other obligations under federal or state law, or laws in the country in which the incident occurred.

ALSO NOTE: If Webster University determines that the alleged perpetrator(s) pose a serious and immediate threat to the Webster University community, the Office of Public Safety may be called upon to issue a timely warning to the community. Any such warning should not include any information that identifies the reporting party.

B. Off-campus counselors, advocates and health care providers

a. Off-campus counselors, advocates, and health care providers will also generally maintain confidentiality and not share information with Webster University unless the reporting party requests the disclosure and signs a consent or waiver form.

b. NOTE: While off-campus counselors and advocates may maintain a reporting party's confidentiality vis-à-vis the University, they may have reporting or other obligations under federal and/or state law or the laws of the country in which the incident occurred.

C. Reporting to "Responsible Employees"

1. A "responsible employee" is a University employee who has the duty to report incidents of sexual violence or other student misconduct, or who a student could reasonably believe has this authority or duty.

2. The following employees (or categories of employees) are the University's responsible employees for purposes of this policy:

a. Any member of the University's administrative and academic leadership
b. Student Affairs staff, except licensed counselors
c. Coaches and athletic department staff
d. Resident Assistants (RAs), Orientation Leaders (OLs), and Connection Leaders
e. Supervisors of student employees
f. Public Safety officers
g. Extended campus directors and extended campus staff
h. All Faculty – full-time and adjunct
i. Academic advisors and student support services staff

3. When a reporting party tells a responsible employee about an incident of sexual violence, the reporting party has the right to expect Webster University to take immediate and appropriate steps to investigate what happened and to resolve the matter promptly and equitably.

4. A responsible employee must report to the Title IX Coordinator or a Deputy Title IX Coordinator all relevant details about the alleged sexual violence shared by the reporting party and that Webster University will need to determine what happened – including the names of the reporting party and alleged perpetrator(s), any witnesses, and any other relevant facts, including the date, time and specific location of the alleged incident.

5. To the extent possible, information reported to a responsible employee will be shared only with people responsible for handling the University's response to the report. A responsible employee should not share information with law enforcement without the reporting party's consent, or unless the reporting party has also reported the incident to law enforcement.

6. A "responsible employee" includes any employee who:

a. has the authority to take action to redress the harassment;
b. has the duty to report to appropriate school officials sexual assault, sexual harassment or any other sexual offenses by students or employees; or
c. who a student could reasonably believe has the authority or responsibility to take action.

7. Using this lens, employees with supervisory and leadership responsibilities on campus are considered "responsible employees." This may include, for example, faculty, coaches, administrators, resident advisors (RAs) and other student employees with a responsibility for student welfare. The University requires that all "responsible employees" share a report of misconduct with the appropriate Title IX Coordinator or Deputy Title IX Coordinator. The appropriate Title IX Coordinator, or designee under the direction of a Title IX Coordinator, will conduct an initial assessment of the conduct, the reporting party's expressed preferences, if any, as to course of action, and the necessity for any interim remedies or accommodations to protect the safety of the reporting party or the community.

8. Before a reporting party reveals any information to a "responsible employee," the "responsible employee" should ensure that the reporting party understands the employee's reporting obligations – and, if the reporting party wishes to maintain confidentiality, direct the reporting party to confidential resources.

9. If the reporting party wants to tell the responsible employee what happened but also maintain confidentiality, the responsible employee should tell the reporting party that Webster University will consider the request, but cannot guarantee that Webster University will be able to honor it. The "responsible employee" is required, by law, to report the incident to the Title IX Coordinator or a Deputy Title IX Coordinator. In reporting the details of the incident to the Title IX Coordinator or a Deputy Title IX Coordinator, the responsible employee will also inform the Coordinator of the reporting party's request for confidentiality.

10. Responsible employees will not pressure a reporting party to request confidentiality, but will honor and support the reporting party's wishes, including for Webster University to fully investigate an incident. By the same token, responsible employees will not pressure a reporting party to make a full report if the reporting party is not ready to. However, even without a full report from the reporting party, responsible employees still have an obligation to inform a Title IX Coordinator or Deputy Title IX Coordinator of what they know.

D. Take Back the Night and Other Public Awareness Events

Public awareness events such as "Take Back the Night," the Clothesline Project, candlelight vigils, protests, "survivor speak outs" or other forums in which students or employees disclose incidents of sexual violence, are not considered notice to Webster University of sexual violence for purposes of triggering its obligation to investigate any particular incident(s). Such events may, however, inform the need for campus-wide education and prevention efforts. Webster University will provide information at these events about students' and employees' Title IX rights, requirements of the Violence Against Women Act, and other educational and victims' rights information related to sexual assault and other sexual offenses.

E. Requesting Confidentiality from the University: How Webster University Will Weigh and the Request and Respond

If a reporting party discloses an incident to a responsible employee, but wishes to maintain confidentiality or requests that no investigation into a particular incident be conducted or disciplinary action taken, Webster University must weigh that request against the University's obligation to provide a safe, non-discriminatory environment for all students and employees, including the reporting party.
If Webster University honors the request for confidentiality, a reporting party must understand that the University's ability to meaningfully investigate the incident and pursue disciplinary action against the alleged perpetrator(s) may be limited. There are times when Webster University may not be able to honor a reporting party's request in order to provide a safe, non-discriminatory environment for all students and employees.

Webster University has designated its Title IX Coordinator and Deputy Title IX Coordinators to perform initial evaluations of requests for confidentiality once a responsible employee is on notice of alleged sexual violence. The Deputy Title IX Coordinator evaluating a request for confidentiality will then make a recommendation to the Associate Vice President and Chief Human Resources Officer or the Associate Vice President for Student Affairs and Dean of Students. The Associate Vice President and Chief Human Resources Officer and the Associate Vice President for Student Affairs and Dean of Students will consider a range of factors in evaluating requests for confidentiality, including but not necessarily limited to the following:

      • The increased risk that the alleged perpetrator will commit additional acts of sexual or other violence;
      • whether there have been other sexual misconduct complaints about the same responding party;
      • whether the responding party has a history of arrests or records from a prior college or university indicating a history of sexual misconduct;
      • whether the responding party threatened further sexual offenses or other violence against the reporting party or others;
      • whether the sexual misconduct was committed by multiple perpetrators;
      • whether the sexual misconduct was perpetrated with a weapon;
      • whether the reporting party is a minor;
      • whether Webster University possesses other means to obtain relevant evidence of the sexual misconduct (e.g., security cameras or personnel, physical evidence); and
      • whether the reporting party's report reveals a pattern of perpetration (e.g., via illicit use of drugs or alcohol) at a given location or by a particular group;
      • whether there is any other evidence suggesting predatory behavior by the responding party;
      • whether there is a likelihood of ongoing contact between the responding party individual and reporting party;
      • whether there is a possibility of the responding party individual exerting ongoing undue influence on the reporting party (e.g. domestic violence situations);
      • whether there is a need for ongoing protection of the reporting party and any significant risk of retaliation.

The University will weigh the above factors in deciding whether to investigate and, if appropriate, pursue disciplinary action. If the factors indicate no increased risk to other students, faculty, and staff or to the reporting party, Webster University will likely respect the reporting party's request for confidentiality.

If, for example, the University has credible information that the alleged perpetrator has committed one or more prior rapes, the balance of factors would compel the University to investigate the allegation and, if appropriate, pursue disciplinary action.

If Webster University determines that it cannot maintain a reporting party's confidentiality, Webster University will inform the reporting party prior to starting an investigation and will, to the extent possible, only share information with people responsible for handling the University's investigation and response.

Webster University will remain ever mindful of the reporting party's well-being, and will take ongoing steps to protect the reporting party from retaliation or harm, and work with the reporting party to create a safety plan. Retaliation against the reporting party, whether by students or University employees, will not be tolerated. Webster University will also:

      • assist the reporting party in accessing other available advocacy, academic support, counseling, disability, health or mental health services, and legal assistance both on and off campus (see portion of policy identifying these);
      • provide other security and support, which could include issuing a no-contact order, helping arrange a change of living or working arrangements or course schedules (including for the alleged perpetrator pending the outcome of an investigation) or adjustments for assignments or tests; and
      • inform the reporting party of the right to report a crime to campus or local law enforcement and provide the reporting party with assistance if the reporting party wishes to do so.

Webster University may not require a reporting party to participate in any investigation or disciplinary proceeding.

Because Webster University is under a continuing obligation to address the issue of sexual assaults, sexual violence and sexual offenses campus-wide, reports of sexual offenses (including non-identifying reports) will also prompt Webster University to consider broader remedial action – such as increased monitoring, supervision or security at locations where the reported sexual offenses occurred; increasing education and prevention efforts, including to targeted population groups; conducting climate assessments/surveys; and/or revisiting its policies and practices.

If Webster University determines that it can respect a reporting party's request for confidentiality, Webster University will also take immediate action as necessary to protect and assist the reporting party.

XI. INTERIM REMEDIES AVAILABLE TO REPORTING PARTIES OF SEXUAL ASSAULT, SEXUAL HARASSMENT AND OTHER SEXUAL OFFENSES

Working in conjunction with the Sexual Offense Advocate, the Associate Vice President and Chief Human Resources Officer and the Associate Vice President for Student Affairs and Dean of Students, there is the option of making interim remedies/options available to the reporting party of sexual assaults and offenses before the report is resolved, or in special circumstances even if the reporting party chooses not to file a complaint. These options include modifications to: academic schedules, campus housing, student leadership, working situations, as well as providing academic support or making special arrangements for withdrawing or dropping classes without penalty, if requested and reasonably available, regardless if the reporting party chooses to file a formal report. No contact measures may also be implemented. Any interim remedies imposed should avoid any lasting negative effects on the responding party before any findings of responsibility are made as much as is possible in the circumstances presented.


XII. AMNESTY FROM DRUG, ALCOHOL, AND RELATED UNIVERSITY POLICIES

The University encourages reporting and seeks to remove any barriers to reporting by making the procedures for reporting transparent and straightforward. The University recognizes that an individual who has been drinking or using drugs at the time of the incident may be hesitant to make a report because of potential consequences for his/her/their own conduct, which may violate other University policies and codes of conduct.

An individual who reports sexual misconduct, either as a reporting party or a third party witness, will not be subject to disciplinary action by the University, for his/her/their own personal consumption of alcohol or drugs at or near the time of the incident, provided that any such violations did not and do not place the health or safety of any other person at risk. The University may, however, initiate an educational discussion or pursue other educational remedies regarding alcohol or other drugs. This amnesty policy applies to the University's student conduct process as well as related policies applicable to students, faculty and staff.

While the University may waive disciplinary action under its policies related to use of alcohol and drugs as indicated above, it retains the responsibility to report any illegal use of these substances as required by law and will act in compliance with those laws.

XIII. POLICY ENFORCEMENT, INVESTIGATION, COMPLAINT AND ADJUDICATION PROCEDURES

Webster is committed to providing prompt, fair, and impartial investigation and resolution of complaints of violations under this policy. The University offers both an Administrative Process and a Hearing Board Process in reporting sexual assault, harassment or other sexual offenses. The decision on which of these two procedures to follow is at the sole discretion of the reporting party. These Procedures and their related Appeal Procedures are located in Appendix A – Administrative Process, and Appendix B – Hearing Board Process. In all cases, Title IX Coordinators, administrators and the Hearing Board members will avoid participating in any matters where a conflict of interest or material bias for or against the reporting party or the responding party is present.

XIV. SANCTIONS

In determining sanctions, Lead Title IX Coordinators, administrators and the Hearing Boards will consider the nature and seriousness of the offense. Sanctions are determined by the administrator or the Hearing Board and implemented by the appropriate administrator. Sanctions include: written reprimand, mandatory educational and/or counseling programs, restriction of campus access, disciplinary probation, suspension, or termination (in the case of employees), or expulsion (in the case of students).

Administrators and/or the Hearing Board will also consider environmental remedies beyond sanctions for the responding party.

Either the reporting party or the responding party may appeal the decision of the administrator to the Hearing Board or the decision of the Hearing Board to the Provost. The Procedures for Appeals are addressed in Appendix A – Administrative Process and Appendix B – Hearing Board Process.

XV. TIME FRAME FOR RESOLUTION

The University seeks to resolve all reports within a timely manner. All time frames expressed in this policy are meant to be guidelines rather than rigid requirements. Extenuating circumstances may arise that require the extension of time frames, especially due to the geographic spread of the University's campuses in various states, countries, and time zones. Extenuating circumstances may include the complexity and scope of the allegations, the number of witnesses involved, the availability of the parties or witnesses, any intervening school break or vacation, or other unforeseen circumstances. The University intends to complete a typical investigation within sixty (60) days following receipt of the complaint. Further, both the reporting party and responding party will be updated throughout the investigative process, including with timely notice of meetings where either or both the reporting party and the responding party may be present.

In general, a reporting party and responding party can expect that the process will proceed according to the time frames provided in this policy. In the event that the investigation and resolution exceed this time frame, the University will attempt to notify all parties of the reason(s) for the delay and the expected adjustment in time frames. Best efforts will be made to complete the process in a timely manner by balancing principles of thoroughness and fundamental fairness with promptness. However, due to the geographic spread of the University's campuses, it may be difficult to complete the process within the time frames provided in this policy depending on the circumstances.

In all cases of allegations of violations of this Policy, the reporting party and responding party will receive simultaneous notification, in writing, of: (1) any result of a disciplinary proceeding; (2) procedures for the reporting party and responding party to appeal the result of the disciplinary proceeding; (3) any change in the result of a disciplinary proceeding; and (4) when the results of any disciplinary proceeding become final.

XVI. FALSE REPORTS

The University will not tolerate intentional false reporting of incidents. Webster University takes the accuracy of information very seriously as a charge of sexual assault, harassment, and other sexual offenses may have severe consequences. A good-faith complaint that results in a finding of not responsible is not considered a false or fabricated accusation of sexual misconduct. However, when a reporting party or third party witness is found to have fabricated allegations or given false information with malicious intent or in bad faith, the reporting party or third party witness may be subject to disciplinary action. It is a violation of the Code of Student Conduct to make an intentionally false report of any policy violation, and it may also violate state criminal statutes and civil defamation laws.

APPENDIX A

ADMINISTRATIVE PROCESS FOR STUDENTS AND EMPLOYEES

The following Administrative Process will be followed for all complaints of sexual assault, sexual harassment or other sexual misconduct filed pursuant to this Policy regardless of whether the complaints involve students and/or employees:

1. The reporting party has the option of meeting with a Sexual Offense Advocate or a Title IX Coordinator or Deputy Title IX Coordinator to discuss options available under this policy. During this meeting, the Sexual Offense Advocate or Title IX Coordinator will give the reporting party a copy of this policy, review it, discuss interim remedies, and he or she will make the reporting party aware of his or her option to report the alleged sexual offense(s) to the police and assist if the reporting party desires. The reporting party will also be informed that she/he may decline to notify local authorities.

2. A written statement must be completed by the reporting party. The written statement will describe the reporting party's allegations, the facts relevant to the complaint, the name(s) of the responding party, and it will identify witnesses with information relating to the allegations. Absent extenuating circumstances, the University will obtain a written statement within ten (10) days of the Title IX Coordinator or Deputy Title IX Coordinator learning of a reporting party's complaint.

3. The Sexual Offense Advocate's, Title IX Coordinator or Deputy Title IX Coordinator will promptly review the reporting party's written statement to ensure a complete understanding of the nature of the complaint. This review will occur within one business day of the Sexual Offense Advocate's, Title IX Coordinator's or Deputy Title IX Coordinator's receipt of the reporting party's complaint, unless extenuating circumstances prevent a review of the complaint within this time frame. In this event, the review will occur as soon as possible.

4. If a Sexual Offense Advocate or a Deputy Title IX Coordinator receives reporting party's written statement, she or he will promptly inform the University Title IX Coordinator that a report has been received. The Title IX Coordinator will be informed within one working day of the Sexual Offense Advocate's or Deputy Title IX Coordinator's receipt of the reporting party's written statement, unless extenuating circumstances prevent him or her from communicating this information within this timeframe. In this event, the Title IX Coordinator is to be informed as soon as possible.

5. The Sexual Offense Advocate and/or a Title IX Coordinator will refer the reporting party to the appropriate Title IX Coordinator (the "Lead Title IX Coordinator" for the case), who will be responsible for oversight of the investigation and resolution of the complaint. The Sexual Offense Advocate and/or Title IX Coordinator will make this referral within two days of receipt of the reporting party's written complaint, unless extenuating circumstances prevent him or her from completing the referral within this timeframe. In this event, the referral is to be made as soon as possible.

When the reporting party and responding party are both students, the Lead Title IX Coordinator is a Deputy Title IX Coordinator assigned to the Dean of Students Office. When the reporting party and responding party are both employees, the Lead Title IX Coordinator is the Title IX Coordinator or a Deputy Title IX Coordinator assigned to the Human Resources Office. When the reporting party and responding party include both a student and an employee, a Title IX Coordinator from the Dean of Students Office and Human Resources Office will be jointly responsible for oversight, investigation and resolution of the complaint.

6. After receiving the written statement, the Lead Title IX Coordinator or designee will meet with the reporting party within ten working days and:

a. Clarify his/her statement,
b. ask what the reporting party would like to achieve as an outcome,
c. reiterate that the reporting party may simultaneously pursue a complaint via the University's procedures and a criminal complaint with the appropriate police department,
d. explain the University's investigative and adjudicative process, and
e. provide the reporting party with a copy of this policy.

7. The Lead Title IX Coordinator or designee will next inform the responding party of the complaint in writing and in person (or by phone) and will instruct the responding party that he/she is to have no contact with reporting party (unless the reporting party's identity can be maintained as confidential pursuant to Section X.C. above while still providing the responding party a meaningful and fair defense). The Lead Title IX Coordinator will also schedule a meeting with the responding party and invite him or her to bring an advisor to the meeting.

8. The Lead Title IX Coordinator or designee then meets with the responding party, ideally within five working days of informing the responding party of the complaint, and:

a. shares the written complaint (or meaningful summary of the complaint if Section X.C. regarding the reporting party's confidentiality is being maintained) with the responding party,
b. explains the process,
c. provides a written copy of the policy;
d. asks for written response within 72 hours (which can include any documents or witness information supporting the responding party's response to the complaint); and
e. again informs the responding party that they are to have no contact with the reporting party and that violation of this instruction can result in discipline.

9. The Lead Title IX Coordinator or designee (or in the case of an employee, a Human Resources representative designated by the Title IX Coordinator) interviews any potential witnesses and will review any documents concerning the complaint, including but not limited to emails and text messages relating to the complaint. In most situations, the Lead Title IX Coordinator or designee will attempt to complete all necessary interviews within thirty (30) working days of receipt of the written statement.

10. The Lead Title IX Coordinator or designee will meet again with the reporting party.

11. The Lead Title IX Coordinator will share the responding party's written response with the reporting party and discusses any additional information the reporting party provides.

12. The Lead Title IX Coordinator will make a recommendation on the case using the preponderance of the evidence (more likely than not) standard and he or she will make a recommendation to the appropriate administrator for action, including the imposition of sanctions and/or environmental remedies. The determination as to who is the appropriate administrator is based on the concrete circumstances of each individual case. The administrator may not be an individual who has had prior involvement in the case.

13. The administrator must then accept or modify the Lead Title IX Coordinator's recommendation. When evaluating the evidence used to support the Lead Title IX Coordinator's recommendation, the administrator must also use the preponderance of the evidence (more likely than not) standard.

14. The administrator, absent any extenuating circumstances, will communicate a final decision to the Lead Title IX Coordinator within five working days of receipt of the Lead Title IX Coordinator's recommendations.

15. Absent extenuating circumstances, the Lead Title IX Coordinator will communicate the decision, in writing, to the reporting party and then the responding party, in separate meetings, within 1 working day of the administrator's decision.

16. The Lead Title IX Coordinator will make the reporting party and the responding party aware of the appeal process and the requirement that written appeals are due to the Lead Title IX Coordinator for that matter within 10 calendar days of the date of the written decision.. The University intends to complete a typical investigation and Administrative Process within sixty (60) days following receipt of the complaint.

APPEAL of a determination and/or sanctions reached during the Administrative Process if both parties are students or if the responding party is a student

Either party may file a written appeal with the Lead Title IX Coordinator within 10 calendar days of receipt of the determination from the Administrative Process.

Upon receipt of a written appeal from either party:

1. The Lead Title IX Coordinator will contact one of the Sexual Offense Hearing Board hearing officers.

2. The Lead Title IX Coordinator will present to the Hearing Board officer a written summary of the case along with the appeal letter(s) and letters describing the initial finding(s) and sanction(s)

3. The Sexual Offense Hearing Board hearing officer has 10 working days to decide on the legitimacy of the appeal, with the following possible outcomes:

a. Find that there are no grounds for an appeal and uphold the decision of the administrator, or
b. Hold a meeting of the Sexual Offense Hearing Board to review the appeal and make a decision on the appeal

4. The act of filing an appeal usually postpones the action required by the initial decision until the appeal process is completed, unless the Lead Title IX Coordinator determines that postponement of the sanction may result in a serious threat to the University community.

5. At the conclusion of the Administrative Process and appeal process, the Hearing Board officer will provide a determination report to the Lead Title IX Coordinator, including sanctions, who will then communicate it, in writing, to both/all parties in separate meetings simultaneously.
The decision(s) rendered through this appeal procedure are final.

APPEAL of a determination and/or sanctions reached during the Administrative Process if both parties are employees or if the responding party is an employee

Either party may file a written appeal with the Lead Title IX Coordinator within 10 calendar days of receipt of the written determination from the Administrative Process. Grounds for filing an appeal are limited to:

  • Procedural error(s)
  • New evidence
  • Excessive or too lenient sanctions

Upon receipt of a written appeal from either party:

1. The Lead Title IX Coordinator contacts the Chief Human Resources Officer who will convene a 5-member Administrative Hearing Board for Sexual Offenses comprised of appropriate members of the University leadership team. This may include deans of academic units or designated administrators from administrative units. A dean or administrator who has been involved in the complaint in any way will not sit on the Hearing Board for a given case.

2. The Administrative Hearing Board for Sexual Offenses meets within 10 working days of being convened. Their first order of business is to appoint a chair.

3. The Lead Title IX Coordinator provides the Hearing Board members with a written summary of the case, copy of the initial decision(s)/sanction(s), and a copy of the written appeal.

4. The Administrative Hearing Board for Sexual Offenses meets and reviews all reports and documentation submitted and renders decision to the Lead Title IX Coordinator for the case.
5. The act of filing an appeal usually postpones the action required by the initial decision until the appeal process is completed, unless the Lead Title IX Coordinator determines that postponement of the sanction may result in a serious threat to the University community.
6. At the conclusion of the Administrative Process and appeal process, the Hearing Board chair will provide a written determination report to the Lead Title IX Coordinator, including sanctions, who will then communicate it, in writing, to both/all parties in separate meetings simultaneously

The decision(s) rendered through this appeal procedure are final.

APPENDIX B

HEARING BOARD PROCESS The decision to pursue the Administrative Process described previously or to follow the Hearing Board Process described below is at the sole discretion of the reporting party.


Hearing Board Process when Both Parties are Students or the Responding party is a Student

The following Hearing Board Process Procedure will be followed for all complaints of sexual misconduct filed pursuant to this policy when both parties are students or the responding party is a student:

1. The reporting party has the option of meeting with a Sexual Offense Advocate or a Title IX Coordinator to discuss options available under this Policy. During this meeting, the Sexual Offense Advocate or Title IX Coordinator will make the reporting party aware of this policy and interim remedies and he or she will make the reporting party aware of his or her option to report the alleged sexual offense(s) to the police.

2. A written statement must be completed by the reporting party. The written statement will describe the reporting party's allegations, the facts relevant to the complaint, and it will identify witnesses with information relating to the allegations. Absent extenuating circumstances, the University will obtain a written statement within ten (10) days of the Title IX Coordinator or Deputy Title IX Coordinator learning of a reporting party's complaint.

3. The Sexual Offense Advocate or Title IX Coordinator/Deputy Coordinator will promptly review the reporting party's written statement to ensure a complete understanding of the nature of the complaint. This review will occur within one business day of the Sexual Offense Advocate, Title IX Coordinator/Deputy Coordinator's receipt of the reporting party's complaint, unless extenuating circumstances prevent a review of the complaint within this time frame. In this event, the review will occur as soon as possible.

4. If a Sexual Offense Advocate or a Deputy Title IX Coordinator receives reporting party's written statement, he or she will promptly inform the Title IX Coordinator that a report has been received. The Title IX Coordinator will be informed within one working day of the Sexual Offense Advocate or Deputy Title IX Coordinator's receipt of the reporting party's written statement, unless extenuating circumstances prevent him or her from communicating this information within this time frame. In this event, the Title IX Coordinator is to be informed as soon as possible.

5. The Sexual Offense Advocate and/or Title IX Coordinator will refer the reporting party to a Lead Title IX Coordinator, who will be responsible for oversight of the investigation and resolution of the complaint. The Sexual Offense Advocate and/or Title IX Coordinator will make this referral within two working days of receipt of the reporting party's written complaint, unless extenuating circumstances prevent him or her from completing the referral within this time frame. In this event, the referral is to be made as soon as possible.

a. When the reporting party and responding party are students, the Lead Title IX Coordinator is a Deputy Title IX Coordinator assigned to the Dean of Students Office. When the reporting party and responding party are employees, the Lead Title IX Coordinator is the Title IX Coordinator or a Deputy Title IX Coordinator assigned to the Human Resources Office. When the reporting party and responding party include both a student and employee, Title IX Coordinators from the Dean of Students Office and Human Resources Office will be jointly responsible for oversight, investigation, and resolution of the complaint.

6. After receiving the written statement, the Lead Title IX Coordinator or designee will meet with the reporting party within ten working days and:

a. Clarify his/her statement,
b. ask what the reporting party would like to achieve as an outcome,
c. reiterate that the reporting party may simultaneously pursue a complaint via the University's procedures and a criminal complaint with the appropriate police department,
d. explain the University's investigative and adjudicative process, and
e. provide the reporting party with a copy of this policy.

7. The Lead Title IX Coordinator or designee will next inform the responding party of the complaint in writing and in person (or by phone) and will instruct the responding party that he/she is to have no contact with reporting party (unless the reporting party's identity can be maintained as confidential pursuant to Section X.C. above while still providing the responding party a meaningful and fair defense). The Lead Title IX Coordinator will also schedule a meeting with the responding party and invite him or her to bring an advisor to the meeting.

8. The Lead Title IX Coordinator or designee will endeavor to meet with the responding party within five working days or as soon thereafter as possible, and no later than ten working days absent extenuating circumstances,- At that time, the Lead Title IX Coordinator or designee:

a. shares the written complaint (or meaningful summary of the complaint if Section X.C. regarding the reporting party's confidentiality is being maintained) with the responding party,
b. explains the process,
c. provides a written copy of the policy;
d. asks for written response within 72 hours (which can include any documents or witness information supporting the responding party's response to the complaint); and
e. again informs the responding party that they are to have no contact with the reporting party and that violation of this instruction can result in discipline.

9. The Lead Title IX Coordinator or designee (or in the case of an employee, a Human Resources representative designated by the Title IX Coordinator) interviews any potential witnesses and reviews any documents concerning the complaint, including but not limited to emails and text messages relating to the complaint. In most situations, the Lead Title IX Coordinator or designee will attempt to complete all necessary interviews within thirty (30) working days of receipt of the responding party's written statement.

10. The Lead Title IX Coordinator or designee will meet again with reporting party.

11. The Lead Title IX Coordinator or designee will share the responding party's written response with reporting party and discusses any additional information the reporting party provides.

12. The Lead Title IX Coordinator or designee will work with the Sexual Offense Hearing officer to schedule a hearing. Because of the small size of some campuses and the wide geographic boundaries of the University, it is possible that hearings for personnel at extended and/or international campus locations may be held via conference call, skype, video teleconferencing or other means of technology.

13. The Lead Title IX Coordinator or designee will inform the reporting party and responding party of the Sexual Offense Hearing Board meeting and the protocols that will be used during the hearing and will notify named witnesses of the same. The Lead Title IX Coordinator or designee will also provide a summary of investigation to be presented to the Hearing Board, and allow for questions by the Hearing Board regarding the investigation.

14. A Sexual Offense Hearing Officer will conduct the hearing.

15. The reporting party will be offered the opportunity to make an impact statement.

16. The responding party will be offered the opportunity to make an impact statement.

17. The members of the Hearing Board will be given the opportunity to question the reporting party, the responding party and any witnesses.

18. The Sexual Offense Hearing Board will make a decision on the case using the preponderance of the evidence standard (i.e. more likely than not standard) and determine sanctions and/or environmental remedies and inform the Lead Title IX Coordinator assigned to the case, in writing, of the same.

19. The Lead Title IX Coordinator or designee, absent any extenuating circumstances, will communicate the decision in writing to the reporting party and then the responding party, in separate meetings, within 1 working day of the decision of the Hearing Board.

20. The Lead Title IX Coordinator or designee will provide a letter to the responding party and reporting party that outlines the decision and resolution, makes them aware of the appeal process and informs them that appeals are due within 10 calendar days of the date of the letter. The University intends to complete a typical investigation and Hearing Board Process within sixty (60) days following receipt of the complaint.

APPEAL of a determination reached during the Hearing Board Process Complaint Procedure when both parties are students or the responding party is a student

Either party may file a written appeal with the Lead Title IX Coordinator within 10 calendar days of receipt of the written determination from the hearing board process complaint procedure. Grounds for filing an appeal are limited to:

  • Procedural error(s)
  • New evidence
  • Excessive or too lenient sanctions

If either party files a written appeal within 10 calendar days of the determination:

1. The Lead Title IX Coordinator will contact the Provost, Senior Vice President and Chief Operating Officer and will present a written summary of the case, the earlier decision, and the appeal letter(s).

2. The Provost, Senior Vice President and Chief Operating Officer has 10 working days to decide on the appeal, with the following possible outcomes:

a. Find that there are no grounds for an appeal and uphold the decision of the Sexual Offense Hearing Board
b. Refer the case to a hearing before an alternate Sexual Offense Hearing Board

3. The act of filing an appeal usually postpones the action required by the initial decision until the appeal process is completed, unless the administrator determines that postponement of the sanction may result in a serious threat to the University community.

4. The Provost, Senior Vice President and Chief Operating Officer must provide a report to the Title IX Coordinator describing his/her decision.

5. The Lead Title IX Coordinator will report the decision, in writing, to the involved parties simultaneously.

The decision of the Provost, Senior Vice President and Chief Operating Officer or the alternate Sexual Offense Hearing Board is final.

Hearing Board Process when Both Parties are Employees or the Responding party is an Employee

The following Hearing Board Process Complaint Procedure will be followed for all complaints of sexual misconduct filed pursuant to this policy when both parties are employees or the responding party is an employee:

1. The reporting party has the option of meeting with a Sexual Offense Advocate or a Title IX Coordinator to discuss options available under this Policy. During this meeting, the Sexual Offense Advocate or Title IX Coordinator will make the reporting party aware of this policy and interim remedies and he or she will make the reporting party aware of his or her option to report the alleged sexual offense(s) to the police.

2. A written statement must be completed by the reporting party. The written statement will describe the reporting party's allegations, the facts relevant to the complaint, and it will identify witnesses with information relating to the allegations. A written statement is required even if the reporting party chooses not to participate in a preliminary meeting with a Sexual Offense Advocate or a Title IX Coordinator in the manner set forth in paragraph 1 above.

3. The Sexual Offense Advocate or Title IX Coordinator/Deputy Coordinator will review the reporting party's written statement to ensure a complete understanding of the nature of the complaint.

4. If a Sexual Offense Advocate or a Deputy Title IX Coordinator receives reporting party's written statement, he or she will promptly inform the Title IX Coordinator that a report has been received.

5. The Sexual Offense Advocate and/or Title IX Coordinator will refer the reporting party to a Lead Title IX Coordinator, who will be responsible for oversight of the investigation and resolution of the complaint.

a. When the reporting party and responding party are students, the Lead Title IX Coordinator is a Deputy Title IX Coordinator assigned to the Dean of Students Office. When the reporting party and responding party are employees, the Lead Title IX Coordinator is the Title IX Coordinator or a Deputy Title IX Coordinator assigned to the Human Resources Office. When the reporting party and responding party include both a student and employee, Title IX Coordinators from the Dean of Students Office and Human Resources Office will be jointly responsible for oversight, investigation, and resolution of the complaint.

6. After receiving the complaint, the Lead Title IX Coordinator or designee will meet with the reporting party and:

a. Clarify his/her statement,
b. ask what the reporting party would like to achieve as an outcome, and
c. reiterate that the reporting party may simultaneously pursue a complaint via the University's procedures and a criminal complaint with the appropriate police department,
d. explain the University's investigative and adjudicative process, and
e. provide the reporting party with a copy of this policy.

7. The Lead Title IX Coordinator or designee will next inform the responding party of the complaint in writing and in person (or by phone) and will instruct the responding party that he/she is to have no contact with the reporting party (unless the reporting party's identity can be maintained as confidential pursuant to Section X.C. above while still providing the responding party a meaningful and fair defense),. The Lead Title IX Coordinator will also schedule a meeting with the responding party and invite him or her to bring an advisor to the meeting.

8. The Lead Title IX Coordinator or designee then meets with the responding party and:

a. shares the written complaint (or meaningful summary of the complaint if Section X.C. regarding the reporting party's confidentiality is being maintained) with the responding party,
b. explains the process,
c. provides a written copy of the policy;
d. asks for written response within 72 hours (which can include any documents or witness information supporting the responding party's response to the complaint); and
e. again informs the responding party that they are to have no contact with the reporting party and that violation of this instruction can result in discipline.

9. The Lead Title IX Coordinator or designee (or in the case of an employee, a Human Resources representative designated by the Title IX Coordinator) interviews any potential witnesses and reviews any documents concerning the complaint, including but not limited to emails and text messages relating to the complaint.

10. The Lead Title IX Coordinator or designee will meet again with the reporting party.

11. The Lead Title IX Coordinator or designee will share the responding party's written response with reporting party and discusses any additional information the reporting party provides.

12. The Lead Title IX Coordinator or designee will work with the Administrative Hearing Board to schedule a hearing. Because of the small size of some campuses and the wide geographic boundaries of the University, it is possible that hearings for personnel at extended and/or international campus locations may be held via conference call, Skype, video teleconferencing or other means of technology.

13. The Lead Title IX Coordinator or designee will inform the reporting party and responding party of the Administrative Hearing Board for Sexual Offenses meeting and the protocols that will be used during the hearing and will notify named witnesses of the same.

14. A Hearing Board chair will conduct the hearing.

15. The reporting party will be offered the opportunity to make an impact statement.

16. The responding party will be offered the opportunity to make an impact statement.

17. The members of the Hearing Board will be given the opportunity to question the reporting party, the responding party and any witnesses.

18. The Hearing Board will make a decision on the case using the preponderance of the evidence standard (i.e. more likely than not standard) and determine sanctions and/or environmental remedies and inform the Lead Title IX Coordinator assigned to the case, in writing, of the same.

19. The Lead Title IX Coordinator or designee will communicate the decision in writing to the reporting party and then the responding party, in separate meetings, within one working day of the hearing.

20. The Lead Title IX Coordinator or designee will provide a letter to the responding party and reporting party that outlines the decision and resolution, makes them aware of the appeal process and informs them that appeals are due within 10 calendar days.

APPEAL of a determination reached during the Hearing Board Process Complaint Procedure when both parties are employees or the responding party is an employee

Either party may file a written appeal with the Lead Title IX Coordinator within 10 calendar days of receipt of the written determination from the hearing board process complaint procedure. Grounds for filing an appeal are limited to:

  • Procedural error(s)
  • New evidence
  • Excessive or too lenient sanctions

If either party files a written appeal within 10 calendar days of the determination:

1. The Lead Title IX Coordinator will contact the Provost, Senior Vice President and Chief Operating Officer and will present a written summary of the case, the earlier decision, and the appeal letter(s).

2. The Provost, Senior Vice President and Chief Operating Officer has 10 working days to decide on the appeal, with the following possible outcomes:

a. Find that there are no grounds for an appeal and uphold the decision of the Hearing Board
b. Refer the case to a hearing before an alternate Sexual Offense Hearing Board

3. The act of filing an appeal usually postpones the action required by the initial decision until the appeal process is completed, unless the administrator determines that postponement of the sanction may result in a serious threat to the University community.

4. The Provost, Senior Vice President and Chief Operating Officer must provide a report to the Title IX Coordinator describing his/her decision.

5. The Lead Title IX Coordinator will report the decision, in writing, to the involved parties simultaneously.

The decision of the Provost, Senior Vice President and Chief Operating Officer or the alternate Administrative Hearing Board for Sexual Offenses is final.

APPENDIX C

FUNDAMENTAL ASSUMPTIONS REGARDING THE RESPECTIVE PARTIES TO A HEARING IN THE HEARING BOARD PROCESS

  • Both parties will be notified regarding procedures used in the hearings. Information can also be provided regarding legal options; however, it is recommended that legal advice be obtained from a competent attorney.
  • Each party may have a support person or process advisor of their choosing present at the hearing (e.g., student, parent, faculty, staff, attorney); however this person may not speak on his/her behalf. If the party wishes to have an attorney present, the party must provide two business days' notice to the Title IX Coordinator or designee.
  • No reference to past consensual sexual relations of the reporting party or the responding party may be introduced at any time during the proceedings.
  • The fact that the responding party and/or the reporting party may have been under the influence of alcohol or other drugs or subject to some other sort of mental dysfunction does not excuse or justify the commission of any sexual offense as defined herein, and may not be used as a defense.
  • Both parties have the right to a copy of all written witness, reporting party, and responding party statements regarding the complaint (or meaningful summaries of the complaint if Section X.C. regarding the reporting party's confidentiality is being maintained).
  • Both parties have the right to testify either in writing or verbally.
  • The reporting party and the responding party may request to have witnesses testify. Such requests are granted at the discretion of the Hearing Officer/Chair. Witnesses must be identified in writing to the Hearing Office/Chair at least 48 hours prior to the hearing. The Hearing Officer will inform both parties within 24 hours of the hearing of the witnesses who may appear at the hearing. Testimony of witnesses that demonstrates a pattern, habit, or routine of sexual misconduct similar to that which is alleged is considered relevant and may be heard as part of the impact statement, only in determining the sanction for a person found responsible for a sexual offense.
  • The reporting party and the responding party each have the opportunity to present an impact statement to the administrator or Hearing Officer following a decision of responsibility, but prior to the imposition of sanctions.
  • A hearing may only be invoked when both parties are members of the Webster University community. In the event that both parties were members of the Webster University community at the time of the alleged incident and one of the parties is no longer a member of the community, the appropriate administrator will determine the proper means of resolution in consultation with the Dean of Students and Chief Human Resources Officer.

HEARING BOARDS

The University has two separate hearing boards that may be convened to hear complaints regarding violations of this policy: the Sexual Offense Hearing Board and the Administrative Hearing Board for Sexual Offenses. Members of these two boards receive training on this policy and their roles and responsibilities as hearing board members at least on an annual basis.

Sexual Offense Hearing Board

The Sexual Offense Hearing Board hears cases in which the reporting party and responding party are both students or in which the responding party is a student.

The Sexual Offense Hearing Board responsible for any given case consists of a Hearing Officer and six individuals chosen from members of Webster's students, faculty, administration and staff in consultation with the Associate Vice President and Dean of Students and the Associate Vice President and Chief Human Resources Officer.

When a hearing is called, the Associate Vice President and Dean of Students or designee, will convene a meeting of potential Hearing Board members to review the Policy on Sexual Assault, Harassment and Other Sexual Offenses and its related procedures.


The Hearing Board is responsible for hearing cases of alleged violations of this policy and and/or appeals of decisions from the Administrative Process or the Hearing Board Process and determining and administering disciplinary actions up to and including expulsion from the University.

Administrative Hearing Board for Sexual Offenses

The Administrative Hearing Board for Sexual Offenses hears cases in which the reporting party and responding party are both employees or in which the responding party is an employee.

The Administrative Hearing Board for Sexual Offenses responsible for any given case consists of a chair and four other individuals chosen from members of Webster's Administrative and Academic leadership team. Members appointed will not have been involved in the initial complaint or its appeal.

When a hearing is called, the Chief Human Resources Officer will convene a meeting of Hearing Board members to review the Policy on Sexual Assault, Harassment and Other Sexual Offenses and its related procedures.

The Hearing Board is responsible for hearing cases of alleged violations of this policy and/or appeals of decisions reached during the Administrative Process or the Hearing Board Process Complaint Procedure and recommending disciplinary actions up to and including termination from the University. Consideration of sanctions and disciplinary actions will be made in conjunction with other University policies related to employment matters.

APPENDIX D

DESCRIPTION OF THE HEARING BOARD PROCESS FOR STUDENTS and EMPLOYEES

This section applies to both the Sexual Offense Hearing Board and the
Administrative Hearing Board for Sexual Offenses.

The Hearing Officer/Chair schedules a hearing within 10 working days after the complaint has been referred to him/her. The respective parties are notified of the time, place, and procedures of the hearing by the Hearing Officer/Chair. The Hearing Officer/Chair presides over the hearing.

The reporting party presents the complaint and provides any further information, evidence, or corroborating testimony pertinent to the incident. Members of the Hearing Board may then ask questions of the reporting party.

The responding party responds to the accusation providing any further information, evidence, or corroborating testimony pertinent to the incident. Members of the Hearing Board may then ask questions of the responding party.

At the discretion of the Hearing Officer/Chair, witnesses who have been previously identified to the Hearing Officer/Chair may be called to offer testimony. Members of the Hearing Board may ask questions of witnesses following their testimony.

Either the reporting party or the responding party may submit a list of suggested questions to the Hearing Officer/Chair at least 24 hours prior to the hearing. The use of these questions is at the discretion of the Hearing Board.

Questions from the parties must be relayed through the Hearing Officer/Chair. There will be no direct questions from the responding party to the reporting party, or vice versa. All questions will be directed to the Hearing Officer/Chair who will relay the question to the other party, at his/her discretion.

Generally, even if screened or testifying from a separate location, witnesses, including the reporting party and the responding party, should be visible to the hearing board while testifying.

Evidence may consist of testimony, physical evidence, prior statements concerning the incident in question, or any other evidence that the Hearing Board wishes to consider. The reliability and weight given to such evidence is within the discretion of the Hearing Board.

Either party may request a five to ten (5–10) minute recess at any time during the hearing. Requests are granted at the discretion of the Hearing Officer/Chair.

In determining whether a violation of the Policy on Sexual Assault, Harassment and Other Sexual Offenses has occurred, the Hearing Board will apply a preponderance of evidence standard. The "preponderance" standard is met if the proposition is more likely to be true than not true.

The responding party must not be presumed "guilty" (or "responsible"). Instead, guilt, or responsibility, must be established by a "preponderance of the evidence." (e.g., "more likely than not") standard. The Hearing Board's decision in this regard requires a conscientious and rational judgment on the whole record. "Preponderance" means more than half. If, for example, the hearing board concludes that the evidence—considered overall—weighs equally on both sides, the preponderance standard has not been met and the charges have not been proven.

Hearings are confidential and closed to all but the principals of the case. At the discretion of the Hearing Officer/Chair, a transcript may be kept in audio taped or written form. The tape and transcript are the property of the University. Students and/or employees are not permitted to tape or otherwise record the proceedings. Transcripts will be kept by the appropriate administrator and may be reviewed but not copied or removed from the administrator's office.

Based on a majority vote of the Hearing Board, the Hearing Officer/Chair issues the opinion as to whether a Policy violation occurred. In the event of a tie, the Hearing Officer/Chair will cast the deciding vote.

The written notification of the Board's decision is made by the Hearing Officer/Chair to the Lead Title IX Coordinator, who will convey the decision, in writing, to the parties within 24 hours of the completion of the hearing. The Hearing Board also determines disciplinary action (if any) to be taken. Disciplinary actions shall be implemented and monitored by the appropriate administrator and, in the event of disciplinary action against any University employee, the disciplinary action will be administered in accordance with other University policies related to employment.

A record of the final decision will be placed in the responding party's disciplinary and/or personnel file.

APPENDIX E

REQUIREMENTS FOR FILING AN APPEAL

Applies to the Informal Complaint Procedure and the Formal Complaint Procedure

The appeal must be written, addressed to the Lead Title IX Coordinator assigned to the original complaint, and delivered to that individual no more than 10 calendar days after written notification of the decision from the initial complaint.


Grounds for filing an appeal are limited to:

  • Procedural error(s)
  • New evidence
  • Excessive or too lenient sanctions

The individual seeking the appeal must indicate, in writing, the specific bases or reasons for his or her appeal. The appeal statement should include the following: Name, ID#, address, phone number, email address, reason for appeal, and appropriate information regarding why the appeal should be granted. The letter should be of sufficient detail to stand on its own without accompanying testimony to permit the evaluation of the merit of the grounds for appeal. For example, if there were procedural errors, the errors should be identified and it should be noted what effect those errors had on the outcome of the case. If there is new evidence, the nature of that evidence and the potential effect on the outcome of the case should be noted. If the sanction is perceived to be excessive or too lenient, one should note why he or she believes the sanction was excessive or too lenient and should suggest what he or she believes to be a more reasonable sanction.

The Provost, Senior Vice President and Chief Operating Officer or Hearing Officer/Chair shall consider the written statement of appeal and, within 10 working days, recommend action to be taken.

The individuals involved will receive written notification of the decision from the Lead Title IX Coordinator for the case. If the result of the appeal is an order for a rehearing, the hearing procedures described herein shall apply.


APPENDIX F

EXPEDITED PROCESS FOR SUSPENSION OR DISMISSAL OF STUDENTS OR EMPLOYEES

In the most serious, "high risk" cases, in which the responding party student or employee may pose a serious threat to the health and safety of students and/or employees, the following process may be enacted, in consultation with the Associate Vice President and Dean of Students (related to responding party students) or in consultation with the Associate Vice President and Chief Human Resources Officer (related to responding party employees). Steps 1-3 can take place within a single day.

1. The responding party student or employee is informed of the charges against him/her via email, letter, or phone call.

2. The responding party student or employee has the opportunity to respond to these charges via email, letter, or phone call but must respond within no more than 72 hours or it will be deemed that no response is being made.

3. The responding party student or employee will have the opportunity to submit questions to be answered by his/her accuser(s).

4. The Associate Vice President and Dean of Students, or his/her designee, in consultation with University leadership, determines if the responding party student is responsible for a violation of the Policy on Sexual Assault, Harassment, or Other Sexual Offenses.

5. The Chief Human Resources Officer or designee, in consultation with appropriate administrative/academic leadership, determines if the responding party employee is responsible for a violation of the Policy on Sexual Assault, Harassment and Other Sexual Offenses.

6. In consultation with appropriate members of leadership, and with consideration of other University policies, a decision is rendered on the appropriate decision/action to be taken.

7. The responding party is notified of the decision in writing.

8. The responding party student or employee has ten calendar days in which to forward a written appeal to the Associate Vice President and Dean of Students (for students), or the Associate Vice President and Chief Human Resources Officer (for employees). Any such appeal must set out the specific reasons supporting the appeal, including any contested finding of facts which are set out in the initial determination of sanctions. The written appeal will be reviewed by the appropriate body, or the Sexual Offense Hearing Board or the Administrative Hearing Board for Sexual Offenses.

Due to the seriousness of this kind of case, all requirements for advance notification are hereby waived.

*Examples of these "high risk" cases include:

APPENDIX G

SEXUAL ASSAULT RESOURCES, PREVENTION AND EDUCATION

RESOURCES:
Multiple resources are made available to reporting parties and victims of sexual assault, either directly through the University or through various community resources. Below are some of those resources.

The Sexual Offense Advocate
The Sexual Offense Advocate can be reached 24 hours a day, seven days a week by mobile phone at 314- 422-4651, through Public Safety at 314 968-6911or 314 968-7430, or during office hours in the Counseling and Life Development Office at 314-968-7030.

Sexual Offense Support Groups
The Sexual Offense Support Group is established and maintained by the Counseling Center with assistance from the Advocate as needed. Support groups are led by qualified persons who are trained and supervised by the Advocate and Director of Counseling.

The Wellness Center
Any professional counselors working in the Wellness Center must attend an approved program on the counseling of sexual offense reporting parties.

Community Resources
There are a number of resources in the St. Louis community for those who have experienced a sexual offense. Such resources include: ALIVE, The Men's Center of St. Louis, and the Women's Self-Help Center.

There are similar resources in each of the communities in which Webster maintains campuses. Some of these resources can be found by clicking here. The Sexual Offense Advocate can assist in locating additional resources.

PREVENTION AND EDUCATION:

The University places a strong emphasis on prevention and education programs and communications as effective ways to minimize sexual assault, harassment and other sexual offenses; to inform students and employees of key definitions of all types of sexual misconduct, the importance and meaning of consent in sexual relations and the role that incapacity plays in these offenses; strategies to stay safe, and bystander education. On-line training for employees also includes roles as responsible employees and campus security authorities, and responsibilities under Title IX, The Clery Act, The Violence Against Women Act and Title VII.

APPENDIX H

CONTACT INFORMATION FOR POLICY VIOLATIONS RELATED TO SEXUAL ASSAULT, HARASSMENT AND OTHER SEXUAL OFFENSES

Sexual Offense Advocate (24/7)
470 E. Lockwood Ave.
St. Louis, MO 63119
314-968-7030 (office)
314 422-4651 (mobile)

Office of Public Safety (24/7)
527 Garden Avenue
(Next to Entrance to Garden Ave. Garage)
St. Louis, MO 63119
314 968-7430
314 968-6911 (Emergency)

Webster’s Deputy Title IX Coordinators for Students Reporting Sexual Offenses

Phil Storm, Student Conduct Officer
Title IX Deputy Coordinator for Student Sexual Misconduct Cases
470 E. Lockwood Ave.
St. Louis, MO 63119
314-968-6980
philipstorm12@webster.edu

Ted F. Hoef, Associate Vice President for Student Affairs and Dean of Students
Deputy Title IX Coordinator for Student Sexual Misconduct Cases
Webster University
470 E. Lockwood Ave.
St. Louis, MO 63119
314-968-6980
hoeftl@webster.edu

Webster’s Title IX Coordinator for Employees Reporting Sexual Offenses

Betsy M. Schmutz, Associate Vice President
Chief Human Resources Officer
University Title IX Coordinator
Webster University
470 E. Lockwood Ave.
St. Louis, MO 63119
314-968-6960
schmutz@webster.edu

Approved by the Administrative Council
September 1, 2015