I. Policy Statement
Sexual misconduct, as defined below, is prohibited by this policy and will not be tolerated within the TU community. Every member of the TU community has the right to resources should they experience an act of sexual misconduct. Please come forward and ask questions, report, and help us eradicate sexual misconduct by stopping the silence surrounding it. Any students or employees who have experienced any form of sexual misconduct are encouraged to report to the Title IX Coordinator for a review of the facts of the case.
This policy pertains to students, employees, and visitors of The University of Tulsa. “Student” means any person for whom the University maintains educational records, as defined by the Family Educational Rights and Privacy Act of 1974 and related regulations, and who is currently enrolled in ANY course and/or is part of a degree-granting program even though conduct may occur before classes begin, including new student orientation, or after classes end, as well as during the academic year and during periods between terms of actual enrollment (and even if their conduct is not discovered until after a degree is awarded.) Persons who are not enrolled for a particular term, but who have a continuing relationship with the University, are considered students, as are persons living in University housing facilities, although not enrolled in the University. This policy applies to but is not limited to undergraduate and graduate students alike, and students studying abroad.
“Employees” means all full-time, part-time, and temporary faculty members, administrative/professional and hourly employees, contract workers, and trustees of The University of Tulsa, at all times and places in any connection with this institution, whether on or off campus.
“Visitors” means business invitees, vendors, visitors, and guests of any student or employee of The University of Tulsa, at all times and places in any connection with this institution, whether on or off campus.
The University of Tulsa values excellence in scholarship, dedication to free inquiry, integrity of character, and commitment to humanity as described in our Mission Statement and Code of Conduct. Sexual misconduct violates our institutional values and its presence in the community presents a barrier to fulfilling the University’s scholarly, research, educational, patient care, and service missions. As such, sexual misconduct will not be tolerated at The University of Tulsa and is expressly prohibited.
TU investigates reports of sexual misconduct and provides internal grievance procedures. These procedures offer persons reporting sexual misconduct an internal avenue for holding violators accountable for their actions. The University will issue appropriate sanctions against any person found responsible for prohibited conduct whether the behavior occurred on campus or off campus. The University of Tulsa respects the privacy of consensual relationships among consenting adults and does not intend to become intrusive in these relationships. However, if these relationships should lead to an allegation of violent, coercive, or threatening behavior or if a person is involved in an unwanted or non-consensual incident, then the University will assist those persons and make resources available to them.
Upon written request, TU will disclose to the alleged victim of a crime of violence (as defined in 18 U.S.C. § 16) or a non-forcible sex offense, the report on the results of any disciplinary proceeding conducted by such institution against a student who is the alleged perpetrator of such crime or offense. If the alleged victim is deceased as a result of such crime or offense, the next of kin of such victim shall be treated as alleged victim for the purposes of this paragraph.
Furthermore, acts prohibited by this policy may constitute violations of other University policies and regulations that may require additional proceedings. For example, complaints against non-student responding parties who are employed by the University may also constitute violations of the appropriate faculty or staff conduct-policy. Students, employees, and visitors are advised that some acts of sexual misconduct may also constitute a violation of the Oklahoma statutes. Therefore, complainants may wish to pursue the matter through the state’s civil, and/or criminal systems as well as through the University system since each of these entities may offer different protections and resources. These statutes are available at: https://www.oscn.net/applications/oscn/index.asp?ftdb=STOKST&level=1
This policy shall be applied and interpreted in conjunction with the following existing documents (and any amendments or successor documents): The Policy on Harassment; The Statement on Academic Freedom Responsibility and Tenure (faculty); The Student Code of Conduct and The University of Tulsa Statement on Rights, Freedoms and Responsibilities (students); The University Policies and Procedures Manual (non-faculty employees);The University of Tulsa Policy on Non-Discrimination, as adopted by the Board of Trustees on September 18, 1991 and The University of Tulsa Student Pledge and Commitment, created and approved by the student body and accepted by the Board of Trustees in the Fall of 2003. Additionally, the Ethical Conduct in Academic Research and Scholarship policy may also apply to any situation. All of these documents are available online, and as links in this policy. To access these policies, sign-in to the Portal at https://utulsa.edu
In conjunction with this policy, the University publishes a Resource Guide containing detailed information on sexual misconduct prevention training as well as additional campus and community resources available to persons who have experienced sexual misconduct. The Resource Guide is available online, and as a link in this policy: https://utulsa.edu/sexual-violence-prevention-education/resources
II. PROHIBITED CONDUCT
TU prohibits sexual misconduct. Sexual misconduct encompasses all forms of sex and gender-based discrimination, harassment, abuse, violence, and sexual assault (whether digital, emotional, psychological or physical in nature) as well as unwelcome sexual conduct, dating violence, domestic violence, interpersonal violence, stalking, coercion, exploitation, and any act of retaliation based on a complaint of sexual misconduct.
“Coercion is the act of using pressure, alcohol or drugs, or force to have sexual contact with someone against their will” and includes “persistent attempts to have sexual contact with someone who has already refused.” Think of coercion as a spectrum or a range. It can vary from someone verbally encouraging you to someone actually forcing you to have contact with them. It can be verbal and emotional, in the form of statements that make you feel pressure, guilt or shame. You can also be made to feel forced through more subtle actions. For example, your partner or someone else might:
- Make you feel like you owe them;
- Give you compliments that sound extreme or insincere as an attempt to get you to agree to something;
- Badger you, yell at you or hold you down;
- Give you drugs and alcohol to loosen up your inhibitions;
- Play on the fact that you’re in a relationship, saying things such as: “Sex is the way to prove your love for me” or “If I don’t get sex from you, I’ll get it somewhere else”;
- React negatively (with sadness, anger or resentment) if you say no or don’t immediately agree to something;
- Continue to pressure you after you say no;
- Make you feel threatened or afraid of what might happen if you say no; and
- Try to normalize their sexual expectations: for example: “I need it, I’m a guy.”
Dating violence is defined as violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship shall be determined based on the reporting party’s statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. For the purposes of this definition, dating violence includes but is not limited to:
- Controlling, abusive, and aggressive behavior in a romantic relationship. It can happen in heterosexual or LGBQ relationships, and between partners with transgender identity. It can include verbal, emotional, physical, or sexual abuse, or a combination; and
- Sexual or physical abuse or the threat of such abuse.
The use of technologies, such as texting and social networking to bully, harass, stalk or intimidate another person. Often this behavior is a form of verbal or emotional abuse perpetrated online. Examples of digital harassment/abuse include but are not limited to:
- Tells you who you can or can’t be friends with on Facebook and other sites;
- Sends you negative, insulting or even threatening emails, Facebook messages, tweets, DMs or other messages online;
- Uses sites like Facebook, Twitter, Foursquare and others to keep constant tabs on you;
- Puts you down in their status updates;
- Sends you unwanted, explicit pictures and demands you send some in return;
- Pressures you to send explicit video;
- Steals or insists to be given your passwords;
- Constantly texts you and makes you feel like you can’t be separated from your phone for fear that you will be punished;
- Looks through your phone frequently, checks up on your pictures, texts and outgoing calls;
- Tags you unkindly in pictures on Instagram, Tumblr, etc.; and
- Snaps unwanted, explicit pictures or videos of you, or films you without your consent.
Domestic Violence is defined as a felony or misdemeanor crime of violence committed:
- By a current or former spouse or intimate partner of the victim;
- By a person with whom the victim shares a child in common;
- By a person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner;
- By a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred; and
- By any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred.
Emotional harassment/abuse within a relationship is when one partner exerts control over another in a non-physical way. This includes but is not limited to:
- Calling you names, insulting you or continually criticizing you;
- Refusing to trust you and acting jealous or possessive;
- Trying to isolate you from family or friends;
- Monitoring where you go, who you call and who you spend time with;
- Demanding to know where you are every minute;
- Punishing you by withholding affection;
- Threatening to hurt you, the children, your family or your pets;
- Humiliating you in any way;
- Blaming you for the abuse;
- Gaslighting: emotional manipulation that causes a victim to question their own feelings, instincts and sanity;
- Accusing you of cheating and being often jealous of your outside relationships;
- Serially cheating on you and then blaming you for their behavior;
- Engaging in, or threatening to engage in, behaviors intended to hurt you;
- Seeking out other sexual interests or activities to prove that they are more desired, worthy, etc. than you are;
- Attempting to control your appearance: what you wear, how much/little makeup you wear, etc.; and
- Telling you that you will never find anyone better, or that you are lucky to be with a person like them.
Gender-based discrimination is unwelcome conduct of a nonsexual nature based on a student’s actual or perceived sex, including harassment, abuse, violence or assault based on a person’s gender identity, gender expression, and/or nonconformity with gender stereotypes.
Interpersonal violence encompasses a broad range of abusive behavior committed by a person who is or has been in a romantic or intimate relationship with the person reporting the conduct or who is a spouse or partner, family member; or a roommate. Interpersonal violence includes physical, sexual, emotional, economic, or psychological actions or threats of actions that a reasonable person in similar circumstances and with similar identities would find intimidating, frightening, terrorizing, or threatening.
Physical abuse occurs when a person exerts control over another person by using physical force. Physical abuse can be a single occurrence or happen repeatedly, and can include any of the following tactics of abuse:
- Pulling your hair, punching, slapping, kicking, biting or choking you;
- Forbidding you from eating or sleeping;
- Damaging your property when they’re angry (throwing objects, punching walls, kicking doors, etc.);
- Threatening to hurt or actually hurting you with weapons;
- Trapping you in your home or keeping you from leaving;
- Preventing you from calling the police or seeking medical attention;
- Harming your children;
- Abandoning you in unfamiliar places;
- Driving recklessly or dangerously when you are in the car with them; and
- Forcing you to use drugs or alcohol (especially if you’ve had a substance abuse problem in the past)
Psychological abuse is defined as degradation, humiliation, intimidation and threats of harm; it can refer to acts such as:
- Intense criticizing, insulting, belittling, ridiculing, and name calling that have the effect of making a person believe they are not worthwhile and keep them under the control of the abuser;
- Verbal threats of abuse, harm, or torture directed at an individual, the family, children, friends, companion animals, stock animals, or property;
- Physical and social isolation that separates someone from social support networks; extreme jealously and possessiveness, accusations of infidelity, repeated threats of abandonment, divorce, or initiating an affair if the individual fails to comply with the abuser’s wishes; and
- Monitoring movements and driving fast and recklessly to frighten someone.
Retaliation constitutes any acts of reprisal, revenge and retribution based on a complaint of sexual misconduct. Retaliation can occur from the perpetrator/accused, friends/peers/family of either party, coworkers/supervisors, or any other individual who may have knowledge of the act. This can include, but is not limited to: spreading rumors, verbal abuse/bullying, online harassment/abuse, physical harm, being excluded/ostracized, being demoted/fired, unjustified grade reductions, and destruction of property. Retaliation does not include petty slights or annoyances. Retaliation against a victim and/or the person reporting an act of sexual violence is prohibited by law and university policy. This means that the perpetrator/accused, the university, supervisors and other members of the community are forbidden from retaliation and such acts would be in violation of University policy.
Sexual Assault/Sexual Violence
Sexual assault is any actual or attempted sexual act directed against another person, without consent of the victim, including instances where the victim is incapable of giving consent. Sexual contact is any act of non-consensual touching of another with an element of sexual gratification for the offender. In order to give consent to sexual activity, a person must be able to understand Who, What, When, Where, Why and How with respect to that sexual activity. Any time sexual activity takes place where one party did not understand any one of these six conditions, incapacity is an issue. An awareness of all six must be present. This is another way of stating the law’s expectation that consent be informed, and any time it is not, consent cannot be effective. To be more precise, an incapacitated person cannot give consent. They could be stark naked, demanding sex, but if they are incapacitated at the time, and that is known or knowable to the accused, any sexual activity that takes place is misconduct, and any factual consent that may have been expressed is irrelevant. Sexual assault includes, but is not limited to:
- Intentional touching of another person’s intimate parts without that person’s consent; or
- Other intentional sexual contact with another person without that person’s consent; or
- Coercing, forcing, or attempting to coerce or force a person to touch another person’s intimate parts without that person’s consent; or
- Rape. Rape is the penetration, no matter how slight, of the vagina or anus of a person by any body part of another person or by an object, or oral penetration by a sex organ of another person, without the consent of the victim. This offense includes the rape of both males and females or
- Fondling. Fondling is the touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental incapacity.
- Incest. Incest is sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
- Statutory Rape. Statutory Rape is sexual intercourse with a person who is under the statutory age of consent.
- Drug-facilitated sexual assault. Drug-facilitated sexual assault can occur when someone is given a drug without their knowledge so that an offender can take advantage of them. It can also include when a person has voluntarily taken a drug and the offender takes advantage of the person in their incapacitated state. The use of drugs to facilitate sexual assault is not limited to typical “date-rape drugs” and may include any substance that creates an experience of incapacitation.
Sexual exploitation occurs when a person takes sexual advantage of another person for the benefit of anyone other than that person without that person’s consent. Examples of behavior that could rise to the level of sexual exploitation include but are not limited to:
- Prostituting another person;
- Recording images (e.g., video, photograph) or audio of another person’s sexual activity, intimate body parts, or nakedness without that person’s consent;
- Distributing images (e.g., video, photograph) or audio of another person’s sexual activity, intimate body parts, or nakedness, if the individual distributing the images or audio knows or should have known that the person depicted in the images or audio did not consent to such disclosure and objects to such disclosure; and,
- Viewing another person’s sexual activity, intimate body parts, or nakedness in a place where that person would have a reasonable expectation of privacy, without that person’s consent, and for the purpose of arousing or gratifying sexual desire.
Sexual harassment is unwelcome conduct of a sexual nature, including but not limited to unwelcome sexual advances; requests for sexual favors; or other verbal or nonverbal conduct of a sexual nature, including rape, sexual assault, and sexual exploitation. In addition, depending on the facts, dating violence, domestic violence, and stalking may also be forms of sexual harassment. Sexual harassment can include a number of unwanted sexual advances from another person, including gender harassment, verbal sexual remarks, verbal sexual requests, non-verbal sexual displays, seductive behavior, sexual bribery, and can escalate into sexual coercion or sexual assault. Sexual harassment is more commonly discussed as a concern in the workplace, but it is a concern in various other settings including college campuses and social settings.
Stalking is a repeated pattern of unwanted contact that is harassing or threatening which causes the victim to be fearful or concerned about their safety or the safety of someone close to them. This could include:
- Unwanted calls, text messages, or voicemails
- Unwanted emails or contact through social media
- Unwanted cards, letters, flowers or presents
- Showing up in places where the victim lives, works, or goes to school
- Sneaking into the victim’s home or car
Stalking is further defined as engaging in a course ofconduct directed at a specific person that would cause reasonable person to
- Fear for the person’s safety or the safety of others; or
- Suffer substantial emotional distress.
For the purposes of this definition-
“Course of conduct” is defined as two or more acts, including but not limited to, acts in which the stalker 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.
“Reasonable person” is defined as a reasonable person under similar circumstances and with similar identities to the victim.
“Substantial emotional distress” is defined as significant mental suffering or anguish that may, but does not necessarily require medical or other professional treatment or counseling.
Unwelcome Sexual Conduct
Sexual conduct is considered “unwelcome” if the person did not request or invite it and considered the conduct to be undesirable or offensive. Unwelcome sexual conduct may take various forms, including, sex-based name-calling, sex-based graphic or written statements (including the use of cell phones or the Internet), or other sex-based conduct that may be physically threatening, harmful, or humiliating. Unwelcome sexual conduct does not have to include intent to harm, be directed at a specific target, or involve repeated incidents. Unwelcome sexual conduct can involve persons of the same or opposite sex.
- Participation in the conduct or the failure to complain does not always mean that the conduct was welcome. The fact that a person may have welcomed some conduct does not necessarily mean that a person welcomed other conduct. Also, the fact that a person requested or invited conduct on one occasion does not mean that the conduct is welcome on a subsequent occasion.
IV. Reporting Sexual Misconduct
The University strongly encourages students, employees, and visitors to report incidents of sexual misconduct to resources on campus, including confidential resources. If the University knows or reasonably should have known about an incident of sexual misconduct that creates a hostile environment, the Policy on Sexual Misconduct requires that the University take immediate action to eliminate the prohibited conduct, prevent its recurrence, and address its effects.
Sexual Misconduct threatens the campus community as a whole, and in some instances the University may be obliged to pursue alleged instances of sexual misconduct through internal disciplinary procedures to ensure the safety of the campus as a whole. In such instances involving imminent harm to the campus community, the University will inform the reporting party of its obligation to redress campus-wide safety issues.
When a student or employee reports to the University that the student or employee has been a victim of sexual misconduct, whether the offense occurred on or off campus, the University will provide the student or employee a written explanation of the student or employee’s rights and options.
In addition, the University offers specific resources to persons who have reported instances of sexual misconduct. Academic support is available to students, such as coordinating medical leave, possible course load reduction, coordinating with faculty and/or the Center for Student Academic Success to request extensions, tutoring, or make-up exams, etc. Additionally, the University reserves the right to issue no contact orders and trespass bans where appropriate.
TU will provide written notification to victims regarding options for, available assistance in, and how to request changes to academic, living, transportation and working situations or protective measures. The University will make such accommodations or provide such protective measures if the victim requests them and if they are reasonably available, regardless of whether the victim chooses to report the crime to campus police. The University will protect the confidentiality of victims regarding any accommodations or protective measures provided to the victim, to the extent it will not impair TU’s ability to provide them.
For direct questions or to receive assistance, any student, faculty, staff, administrator, visitor, or University affiliate may additionally contact The University of Tulsa Office of Violence Prevention. The Office of Violence Prevention has staff specifically trained to address sexual misconduct and can also assist students in the reporting process, answer questions about policy, and provide support to survivors. The Office of Violence Prevention is available at: https://utulsa.edu/sexual-violence-prevention-education/resources
Persons who have experienced any form of sexual misconduct are encouraged to report the incident, as soon as they are able, to any of the resources they feel comfortable with on campus. This includes but is not limited to University officials/offices such as, the Title IX Coordinator or a Deputy Coordinator, The Office of Violence Prevention, Campus Security, Student Affairs, a faculty member, the Alexander Health Center, and the Counseling and Psychological Services Center staff.
In addition to the foregoing resources, TU has designated certain individuals as Primary Contacts. Primary Contacts will be a source of support and help and, with the reporting party, will explore the various options available and ensure the reporting party is provided the information necessary to make informed decisions. A list of current Primary Contacts at TU can be found at: https://utulsa.edu/sexual-violence-prevention-education/resources.
Both outside of the University’s regular business hours and during them and based on the nature of the incident, survivors may choose to telephone Domestic Violence Intervention Services (or DVIS) as soon as they are able. The number for DVIS is 918-7HELPME or 918-743-5763. The reporting party may also choose to seek immediate medical attention by going to the emergency room of a local hospital.
In cases involving potential criminal conduct, students, employees, and visitors are encouraged to additionally report acts of sexual misconduct to local law enforcement. The Tulsa Police Department’s phone number 918-596-9222 or 911 (for emergency situations). The Title IX Coordinator or appropriate Deputy Coordinator is available to assist students, employees, and visitors with questions or concerns about reporting sexual misconduct to local law enforcement.
- Possible Courses of Action
Following initial medical procedures (if needed) and attention to the emotional wellbeing of a reporting party, the University provides additional resources to persons reporting sexual misconduct, including:
- Follow-up Medical Assistance: It may be necessary for subsequent medical services through Alexander Health Center, an emergency room or a private physician. The survivor’s advocate, Primary Contact, or other appropriate University official will be able to inform the reporting party of their options and put them in contact with other resources.
- Counseling and Psychological Services: The staff of the Counseling and Psychological Services Center are equipped to assist interpersonal violence survivors in dealing with the emotional aftermath of such an experience. Reporting parties can discuss their concerns in an atmosphere of privacy and confidentiality to the extent allowed by the law. Off-campus counseling resources also may be considered.
- Filing a University Complaint: Sexual misconduct constitutes a violation of University policy. The University will inform and obtain consent from the reporting party before beginning an investigation. By filing a formal complaint, reporting parties will have the option of having their complaints investigated by the University. The University is obligated by law to conduct a thorough and fair investigation as promptly as is possible.
The University will provide written notification to students and employees about existing counseling, health, mental health, victim advocacy, legal assistance, visa and immigration assistance, student financial aid and other services available for victims, both within TU and in the community.
- Filing a Police Report: Violations of University Policy may also constitute violations of criminal law. Reporting parties may also report potential criminal violations directly to local law enforcement. Reporting parties are encouraged, but not required, to report instances of sexual misconduct and/or interpersonal violence not only to the University but also to local law enforcement. The Title IX Coordinator or appropriate Deputy Coordinator is available to assist students, employees, and visitors with questions or concerns about reporting sexual misconduct to local law enforcement.
If the reporting party requests confidentiality or asks that the complaint not be pursued, the University will take all reasonable steps to investigate and respond to the complaint consistent with the request for confidentiality or the request not to pursue an investigation. If the reporting party insists that his or her name or other identifiable information not be disclosed to the responding party, the reporting party would be informed that the University’s ability to respond may be limited. The reporting party will also be reminded that The Policy on Sexual Misconduct prohibits retaliation against them and that University officials will not only take steps to prevent retaliation but also take strong responsive action if an accused person retaliates against a complainant or any other person involved in an investigation. Acts of reprisal, revenge and retribution are all considered retaliation and a violation of University policy.
After all such advice if the reporting party continues to ask that his or her name or other identifiable information not be revealed, the University will evaluate that request in the context of its responsibility to provide a safe and nondiscriminatory environment for all students. This includes considering such factors as: the seriousness of the alleged harassment; the reporting party’s age; whether there have been other harassment complaints against the same individual; and the responding party’s rights to receive information about the allegations if the information is maintained as an “educational record” under FERPA.
If the reporting party is a student but the responding party is not a TU student or employee, the Dean of Students working with the Office of Violence Prevention will provide the support and guidance through the civil or criminal complaint process. University resources are available to students regardless of the status of the responding party, including assistance in pursuing an internal complaint process where the responding party, while not a student, is either an employee or volunteer with TU.
TU does not publish the names of crime victims or other identifiable information regarding victims in the Annual Crime and Fire Safety Report, Daily Crime Log, or crime statistics. Pursuant to the Clery Act, TU includes statistics about specific offenses in the report, and provides those statistics to the United States Department of Education in a manner that does not include any personally identifying information about individuals involved in an incident.
Students are encouraged to immediately report incidents of sexual misconduct, including sexual violence, to the Title IX Coordinator, a Deputy Coordinator, or other appropriate university offices such as the Office of Student Affairs, Campus Security, the Alexander Health Center, and the Counseling and Psychological Services Center. The following individuals also have been trained to assist an individual who has experienced sexual violence. They are referred to as TU Primary Contacts.
The Primary Contacts are knowledgeable about the resources, services, and options available to victims of sexual violence and are prepared to guide the complainant in accessing those resources and services. The Primary Contact will be a source of support and help and, with the complainant, will explore the various options available and ensure the complainant is provided the information necessary to make informed decisions.
TU PRIMARY CONTACT NETWORK FOR HELP REGARDING INTERPERSONAL VIOLENCE
Leah Asbury, TIX/EEO Officer, Hardesty Hall, Room 3135, 918-631-2313, firstname.lastname@example.org
DVIS Advocate, Hardesty Hall, Room 3145, 918-631-2965, email@example.com
Casey Reed, Senior Vice Provost for Enrollment Management, and Dean of Students, 918-631-2630, firstname.lastname@example.org
Kelsey Hancock, Hardesty Hall, Room 3140, 918-631-2324, email@example.com
Michael McClendon, Counseling and Psychological Services, 918-631-2200
Kyle Meador, Hardesty Hall, Room 1125, 918-631-2967
Joey Oneal, Hardesty Hall, Room 3190, 918-631-2585
Schnea Nealy, Case Athletic Complex, Third Floor, 918-631-2255
Scott Gove, Housing, Fisher Hall, 918-631-2386
Dave Kobel, Hardesty Hall, Room 2085, 918-631-3741
Both outside of the University’s regular business hours and during them and based on the nature of the incident, a sexual violence complainant may choose to telephone DVIS as soon as feasible. Their number is 918-7HELPME or 918-743-5763 and request the DVIS counselor to give specific instructions as to the actions to take. Additional information from Domestic Violence Intervention Services (DVIS) can be found at www.dvis.org. The complainant may also choose to seek immediate medical attention by going to the emergency room of a local hospital.
The following are recommended steps to take based on the nature of the sexual violence that occurred: don’t bathe; women should not douche and should try not to urinate; don’t drink anything, smoke, eat, or brush your teeth if oral contact took place; and if clothes are changed, place them in a paper bag as plastic destroys evidence.
Since it is important to check for internal or other injuries and sexually transmitted diseases in certain instances, complainants who decide not to go to an emergency room are advised to seek attention as promptly as possible from a private physician or the Alexander Health Center.
Courses of Action
Following initial medical procedures (if needed) and attention to the emotional well-being of a complainant, the Primary Contact or other appropriate university official will review appropriate university services and legal remedies with the complainant.
Follow-up Medical Assistance: It may be necessary for subsequent medical services through Alexander Health Center, an emergency room or a private physician. The Primary Contact or other appropriate university official will be in the best position to monitor the situation and inform the complainant accordingly.
Counseling and Psychological Services: The staff of the Counseling and Psychological Services Center is prepared to assist sexual violence complainants in dealing with the emotional aftermath of such an experience. Complainants can discuss their concerns in an atmosphere of privacy and confidentiality to the extent allowed by the law. Off-campus counseling resources also may be considered.
Filing a University Complaint: Sexual violence constitutes a violation of University policy. The University will inform and obtain consent from the complainant before beginning an investigation. By filing a complaint with the Title IX Coordinator, complainants will have their complaints investigated by the Title IX Coordinator to investigate under the scope of this policy. The investigator may also be a University employee and/or an experienced external investigator. Any investigator used by the University in the proceedings will receive, at a minimum, annual training on the issues related to sexual misconduct, how to conduct an investigation that is fair and impartial, provides parties with notice and a meaningful opportunity to be heard, and protects the safety of victims while promoting accountability. The investigator will be impartial and free from conflict or bias.
If the Investigator finds there is good reason to proceed, the complaint will have access to the provisions of the University Student Code of Conduct. Most investigations would be expected to be completed within 60 days from the date of the original complaint.
If the complainant requests confidentiality or asks that the complaint not be pursued, the University will take all reasonable steps to investigate and respond to the complaint consistent with the request for confidentiality or the request not to pursue an investigation.
If the complainant insists that his or her name or other identifiable information not be disclosed to the alleged perpetrator, the complainant would be informed that the University’s ability to respond may be limited. The complainant will also be reminded that the Policy on Sexual Misconduct prohibits retaliation and that University officials will not only take steps to prevent retaliation but also take strong responsive action if it occurs.
After all such advice if the complainant continues to ask that his or her name or other identifiable information not be revealed, the University will evaluate that request in the context of its responsibility to provide a safe and nondiscriminatory environment for all students. This includes considering such factors as: the seriousness of the alleged harassment; the complainant’s age; whether there have been other harassment complaints against the same individual; and the alleged harasser’s rights to receive information about the allegations if the information is maintained as an “educational record” under FERPA.
If the complainant is a student but the alleged perpetrator is not a TU student or employee, the Dean/Associate Dean of Students will provide the complainant support and guidance through the civil or criminal complaint process. University resources are available to complainants regardless of the status of the alleged perpetrator, including assistance in pursuing an internal complaint process where the alleged perpetrator is not a student but is employed by TU.
Note: The conduct of students enrolled in the College of Law is governed by the College’s Student Conduct Code and an alleged perpetrator may be subject to a proceeding and sanctions imposed under that code as well as the University Student Code of Conduct. Students who are under the jurisdiction of organizations with their own conduct bodies may also be subject to a proceeding and sanctions under those bodies.
If the alleged perpetrator is a TU student, the complainant may choose to have the complaint heard by the University Student Conduct Board or by the Dean/Associate Dean of Students. Mediation is not an option to resolve a complaint of sexual violence. Among the provisions of either process are the following:
- Both parties will be able to present witnesses and evidence.
- Both parties may have an advisor of their choice.
- Attorneys may be present but will not be permitted to participate in the hearing for either party.
- Neither party will be allowed to directly question or cross examine the other.
- Both parties will have the opportunity to appeal
- Both parties will be notified concurrently in writing the institution’s procedures for the accused and the victim to appeal the result of the disciplinary proceeding, if such procedures are available.
- A decision will be based on the standard that it is more likely than not that the alleged behavior occurred, sometimes referred to as the preponderance of the evidence.
- Both parties will be notified concurrently in writing about the outcome or any change to the result of both the complaint and any appeal whether harassment was found to have occurred or not.
9.Both parties will be notified concurrently in writing when such proceeding results become final.
Should the respondent be found responsible for the alleged sexual violence; the university, where possible, and for the welfare of the complainant, will adjust such things as housing assignments and enrollment. The university will also take steps to prevent reoccurrence of any harassment and to correct its discriminatory effects on the complainant and others if appropriate. A Student or Employee determined to have committed an act of Prohibited Conduct in violation of this Policy is subject to disciplinary action. Disciplinary action may include a reprimand, probation, deferred suspension, administrative leave without pay, or temporary or permanent separation from the University. Invitees who violate this Policy may have their relationship with the University terminated and/or their privilege of being on University premises withdrawn. The University reserves the right to take action against any individual or organization that commits a violation of another University policy.
If a Student withdraws from the University after the University has begun an investigation but prior to a finding or resolution, an entry may, in appropriate circumstances, be made on their transcript that indicates the Student has withdrawn with an investigation pending.
If an Employee separates from the University after the University has begun an investigation but prior to finding or resolution, an entry may, in appropriate circumstances, be made in their personnel file that indicates that employment terminated with an investigation pending.
While there is no time limitation for complainants to report complaints and receive services from the university, the university retains jurisdiction over individuals only so long as they remain enrolled or employed by the university.
Certain forms of sexual assault may be a violation of the statutes of the State of Oklahoma; Complainants, therefore, may have certain legal rights with regard to criminal and civil action. Again, the Primary Contact or other appropriate university official will have pertinent information regarding the rights of complainants but will not be providing legal advice. They will assist complainants in their contacts with the police department and the district attorney.
Complainants may wish to consult the attorney on retainer with the Student Association where the initial session is without charge. These procedures can often be complex, puzzling, and time-consuming. Thus, the assistance of a Primary Contact or other appropriate university official is deemed essential.
Additional resources for Sexual
Assault, Domestic and Dating Violence, and Stalking
In addition to university contacts, other helplines
are available in the event of sexual assault or
domestic abuse, more are located here:
DVIS (24-hour crisis line)
Call for Sexual assault forensic exam
Family Safety Center
A sexual violence victim may choose to call the hotline DVIS as soon as possible. The counselor will give specific instructions on the appropriate actions to take. Additional information from Domestic Violence Intervention Services (DVIS) can be found at www.dvis.org
Effective Date: 12/18/2020
Supersedes: Policy on Sexual Misconduct 9/5/2018
Issuing Authority: Office of Student Affairs
Responsible Officer: Senior Vice Provost of Enrollment Management, Dean of Students