Nondiscrimination Policy

ATSU POLICY NO. 90-210: PROHIBITION OF DISCRIMINATION, HARASSMENT, AND RETALIATION

Purpose

The purpose of this general order is to provide an employment and learning environment at A.T. Still University of Health Sciences (“ATSU” or “University”) free from discrimination, harassment, and retaliation and ensure compliance with Title IX of the Education Amendments Act of 1972, Violence Against Women Act Reauthorization of 2013, Clery Act, Title VI and Title VII of the Civil Rights Act of 1964, Pump Act, Pregnant Workers Fairness Act, and all other applicable national, state, and local laws.

Discrimination, harassment, or retaliation by anyone – managers, administrators, supervisors, co-workers, students, or non-University personnel, including clients, vendors, and suppliers – on the basis of race, color, religion, ethnicity, national origin, sex (including pregnancy), sexual orientation, age, disability, veteran status, or any other status protected by applicable law is a violation of University policy and prohibited by ATSU. Any member of the ATSU community whose acts deny, deprive, or limit the educational, employment, and/or social access, benefits, and/or opportunities of any member of the ATSU community, guest, or visitor based on that person’s actual or perceived protected characteristics is in violation of this policy. This policy and excerpts from it appear in many ATSU publications, both online and in print. For the most up-to-date version of this policy, refer to atsu.edu/prohibition-of-discrmination-harrassment-and-retaliation.

Policy

ATSU does not discriminate based on race, color, religion, ethnicity, national origin, sex (including pregnancy), sexual orientation, age, disability, veteran status, or any other status protected by applicable law. Dating violence, domestic violence, sexual assault, stalking, harassment, and retaliation related to protected activity under this policy are forms of discrimination prohibited by ATSU.

Any person who witnesses or has knowledge of incidents of discrimination, harassment, retaliation, or any other situation prohibited by this policy, should report such information to persons listed in this general order. Employees, excluding confidential employees, must report to those identified in this policy. All students are encouraged to report. Reports of inappropriate behavior not related to class-based harassment, discrimination, or retaliation will be handled through supervisory response or through Human Resources (for employees) and the University Student Handbook or promotion boards and/or committees (for students).

All who make a good faith report of discrimination or harassment are protected from adverse action or retaliation under provisions of this policy and by ATSU Policy No.10-216: Whistleblower Policy. Good faith reports, even if erroneous, will not result in punitive action. Deliberately false and/or malicious accusations of discrimination and harassment are just as serious an offense as discrimination or harassment and will be subject to appropriate disciplinary action.

If ATSU has actual knowledge of reports from multiple individuals regarding discrimination, harassment, or retaliation by the same respondent, the Title IX coordinator (or designee) may initiate an investigation into those reports, regardless of the participation level of one or more reporting parties.

This policy outlines two processes for addressing formal complaints of discrimination. The Title IX grievance process addresses formal complaints of sex-based discrimination protected and defined under Title IX regulations. The general discrimination grievance process addresses all other allegations of discrimination.

This policy applies to all employees, students, and other individuals, including applicants, who are participating in or attempting to participate in ATSU’s educational programs or activities, including employment.

Internal complaints regarding potential violations of the Clery Act, Title IX, or Title VII

To report violations of ATSU’s nondiscrimination policies, to request information, or for assistance filing a police report, all ATSU community members may contact:

Dr. John Gardner, Title IX Coordinator
800 W. Jefferson St., Kirksville, MO, 63501
660.626.2113 or johngardner@atsu.edu

Alternately, the following deputy Title IX coordinators are available at ATSU campuses.

	Mesa, Arizona, campus		Kirksville, Missouri, campus		San Luis Obispo, California, campus
Students	Michael Zajac Associate Vice Chancellor for Student Affairs Deputy Title IX Coordinator 5845 E. Still Circle Mesa, AZ 85206 480.219.6026 michaelzajac@atsu.edu		John Gardner Title IX and Civil Rights Coordinator 800 W. Jefferson St. Kirksville, MO 63501 660.626.2113 johngardner@atsu.edu		Dianne Korth Director Student Affairs Deputy Title IX Coordinator 651 Tank Farm Rd San Luis Obispo, CA 93401 805.621.7681 diannekorth@atsu.edu
Employees, members of the public, or beneficiaries should contact:	Tonya Fitch Director, Human Resources Deputy Title IX Coordinator 5845 E. Still Circle Mesa, AZ 85206 480.219.6007 tfitch@atsu.edu		Donna Brown Assistant Chief, Human Resources & Deputy Title IX Coordinator 800 W. Jefferson St. Kirksville, MO 63501 660.626.2792 dbrown@atsu.edu		Tonya Fitch Director, Human Resources Deputy Title IX Coordinator 5845 E. Still Circle Mesa, AZ 85206 480.219.6007 tfitch@atsu.edu

To report situations or behavior prohibited by this policy anonymously and confidentially, call the 24-hour hotline at 1.855.FRAUD-HL or use the secure online reporting form at fraudhl.com. When making a report, reference the company ID (“ATSU”).

Crime reporting options

Facility			Emergency	Security		Police
Mesa, Arizona, campus		Off campus	911	480.341.9075		480.341.9075, opt. 2
		On campus	911	*7
Kirksville, Missouri, campus		Off campus	911	660.349.9513		660.785.6945
		On campus	9-911	33
San Luis Obispo, California, campus		Off campus	911	805.245.6221		805.781.7317
		On campus	911	805.245.6221
St. Louis Dental Center		Off campus	911	314.814.8568		314.231.1212
		On campus	4444	314.814.8568

If you are in an area without an identified ATSU facility, please call 911 to report a crime or request police assistance.

On-campus, confidential resources available for students

ATSU Behavioral Health & Wellness Counseling Services (atsu.edu/department-of-student-affairs/counseling)

Mesa, Arizona, campus		Kirksville, Missouri,campus		San Luis Obispo, California,campus		St. Louis Dental Center
Karen Taylor, MS, LPC, NCC Behavioral Health & Wellness Counselor 480.219.8069 karentaylor@atsu.edu Timely Care 833-4-TIMELY		Sarah Thomas, EdD, MSW, LCSW Director - Behavioral Health & Wellness 660.626.2751 snthomas@atsu.edu Timely Care 833-4-TIMELY		Karen Taylor, MS, LPC, NCC Behavioral Health & Wellness Counselor 480.219.8069 karentaylor@atsu.edu Timely Care 833-4-TIMELY		Sarah Thomas, EdD, MSW, LCSW Director - Behavioral Health & Wellness 660.626.2751 snthomas@atsu.edu Timely Care 833-4-TIMELY

Regulatory complaints regarding potential violations of the Clery Act, Title IX, or Title VII may be directed to:

Location	Title IX and Clery Act	Title VII
Missouri	U.S. Department of Education One Petticoat Lane 1010 Walnut Street, Suite 320 Kansas City, MO 64106 816.268.0550 816.268.0559 fax OCR.kansascity@ed.gov	U.S. Equal Employment Opportunity Commission Robert A. Young Federal Building 1222 Spruce Street, Room 8100 St. Louis, MO 63103 800.669.4000 314.539.7894 fax 800.669.6820 TTY
Arizona	U.S. Department of Education Cesar E. Chavez Memorial Building 1244 Speer Boulevard, Suite 310 Denver, CO 80204 303.844.5695 303.844.4304 fax OCR.Denver@ed.gov	U.S. Equal Employment Opportunity Commission 3300 North Central Avenue Suite 690 Phoenix, AZ 85012 800.669.4000 602.640.5071 fax
California	U.S. Department of Education 915 Second Avenue, Room 3310 Seattle, WA, 98174 206.607.1600 206.607.1601 fax OCR.SanFrancisco@ed.gov	U.S. Equal Employment Opportunity Commission 450 Golden Gate Avenue 5 West P.O. Box 36025 San Francisco, CA 94102 800.669.4000 415.522.3415 fax

Resources

Off-campus counseling and victim support are available through:
National Sexual Assault Hotline – 800.656.4673
Mesa Victim Services Unit (Arizona) – 480.644.4075
San Luis Obispo Crisis Center Hotline (California) – 855.866.7473
St. Louis Regional Sexual Assault Hotline (Missouri) – 314.531.7273

Employees may access the Employee Assistance Program (EAP) by calling 800.999.7222 or by visiting www.anthemEAP.com (enter code: ATSU).

Policy definitions

For purposes of this policy, the terms defined herein shall have the specific meanings assigned to them. These definitions are intended to be precise and controlling and shall apply regardless of any common, dictionary, or informal usage. No interpretation outside the definitions provided in this policy shall be used to modify or expand the term’s meaning. Any terms not specifically defined within this policy shall be given their plain, ordinary, and common meaning within the context of higher education and applicable federal and state law. In the event of ambiguity, the Title IX coordinator (or designee) shall have the final authority to interpret the term in a manner consistent with the purpose of this policy.

Actual knowledge – When ATSU receives notice of sexual harassment or allegations of sexual harassment to the institution’s Title IX coordinator or any official of the institution who has authority to institute corrective measures on behalf of the institution.

Advisor – A person selected by the complainant or respondent, or appointed by the University, to be present during investigation proceedings, including interviews or the hearing process, to advise the party.

Appeal decision-maker – An appeal decision-maker is the person or panel designated by the institution to review a party’s request for an appeal. The appeal decision-maker accepts or rejects a submitted appeal request, determines whether any of the approved institutional appeal grounds are met, and directs responsive corrective actions or remands accordingly.

ATSU community member – A person participating in or attempting to participate in an ATSU education program as an employee, student, prospective student, alumni, or similarly positioned individual.

Challenge – A written request by either a complainant or a respondent to the Title IX coordinator (or designee), to seek modification, reversal, or denial of ATSU’s decision to provide, deny, modify, or terminate supportive measures that directly impact the party.

Coercion (sexual) – Sexual coercion is unreasonable pressure for sexual activity. Coercive conduct differs from seductive conduct based on factors including the type and/or extent of the pressure used to obtain consent. When someone makes clear they do not want to engage in certain sexual activity, wants to stop, or does not want to go past a certain point of sexual interaction, continued pressure beyond that point can be coercive.

Coercion (general) – General coercion is any unreasonable pressure, manipulative demand, or implied/express threat used to compel an individual to engage in an action or participate in an activity against the person’s will. This includes, but is not limited to, using administrative, grading, or supervisory authority to force participation in noneducational or nonconsensual activities (e.g., mandated religious practices, forced organizational rituals, or personal services). Conduct is evaluated objectively based on whether a reasonable person under similar circumstances would feel autonomy or freedom of choice was significantly compromised.

Complainant – An ATSU community member who is alleged to have been subjected to conduct that could constitute class-based (race, sex, gender, other protected characteristics, etc.) discrimination under this policy and who was participating or attempting to participate in ATSU’s education program or activity (including employment) at the time of the alleged discrimination.

Confidential employee – An ATSU employee whose communications are privileged or confidential under federal or state law or by virtue of licensure or position. The employee’s confidential status, for purposes of this policy, is only with respect to information received while the employee is functioning within the scope of the duties to which privilege or confidentiality applies. If the employee also has a duty not associated with providing those services, the employee’s confidential status is only with respect to information received about discrimination in connection with providing those services. ATSU employees who are conducting an Institutional Review Board-approved human-subjects research study designed to gather information about sex discrimination are also considered confidential employees. ATSU only defines confidential employees as Behavioral Health & Wellness counselors or healthcare providers who are acting in the role of a counselor or healthcare provider. A physician, dentist, physical therapist, or anyone else acting in a role other than a provider (faculty member, committee member, organization advisor, etc.) must report all known information related to discrimination or harassment.

Consent (sexual) – Consent is knowing, voluntary, and clear permission by word or action to engage in sexual activity. For consent to be valid, there must be a clear expression in words or actions that the other individual consented to that specific sexual conduct. Reasonable reciprocation can be implied. For example, if someone kisses you, you can kiss the person back (if you want to) without the need to explicitly obtain that person’s consent to being kissed back. Consent can also be withdrawn once given, as long as the withdrawal is reasonably and clearly communicated. If consent is withdrawn, that sexual activity should cease within a reasonably immediate time. Consent to some sexual contact (including kissing or fondling) cannot be presumed to be consent for other sexual activity (including intercourse). A current or previous intimate relationship is not sufficient to constitute consent.

Consent (general) – Outside of sexual misconduct, consent means an individual’s willing, uncoerced, and voluntary agreement to participate in an activity, practice, or program. Where a power imbalance exists (e.g., faculty to student, supervisor to employee), apparent acquiescence or compliance does not automatically equal consent. If an individual participates in a nonmandatory, noneducational, or nonoperational activity (e.g., a religious practice, personal errand, or social ritual) solely due to fear of academic reprisal, employment retaliation, or systemic exclusion, such participation is deemed nonconsensual.

Dating violence – Violence committed by a respondent who is in or has been in a social relationship of a romantic or intimate nature with the complainant. The existence of such a relationship shall be determined based on the complainant’s statement and with consideration of the length of 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, sexual or physical abuse or the threat of such abuse. Dating violence does not include acts covered under the definition of domestic violence. Dating violence is distinguished from domestic violence solely by the nature of the relationship between the parties, rather than the specific acts committed.

Directly related evidence – Evidence connected to the allegations but is neither inculpatory (tending to prove a violation) nor exculpatory (tending to disprove a violation) and which cannot be relied upon by decision-makers. Evidence may be redacted.

Disciplinary sanctions – Consequences imposed on a respondent following a determination of a violation of ATSU Policy No. 90-210 and associated policies. See ATSU Policy No. 90-210 Sanctioning Guide.

Discrimination – Different treatment with respect to a person’s employment or participation in an education program or activities based upon the person’s actual or perceived protected characteristics.

Dismissal – Dismissal of formal complaints from the Title IX Grievance Process to the General Discrimination Process within this policy, dismissal from this policy to another, or complete dismissal from HR-related policies.

Domestic violence – Violence committed by a respondent who is a current or former spouse or intimate partner of the complainant, by a person with whom the complainant shares a child in common, or by a person who is cohabitating with or has cohabitated with the complainant as a spouse or intimate partner, or by a person similarly situated to a spouse of the complainant under domestic or family violence laws, or by any other person against an adult or youth complainant who is protected from that person’s actus under domestic or family violence laws. Domestic violence is distinguished from dating violence solely by the nature of the relationship between the parties, rather than the specific acts committed.

Education program or activity – Locations, events, or circumstances where ATSU exercises substantial control over the context in which the discrimination, harassment, or retaliation occurs. This also includes any building owned or controlled by a student organization that ATSU officially recognizes.

Evaluation – ATSU’s decision whether to dismiss or investigate a formal complaint of discrimination.

Family status – The configuration of one’s family or one’s role in a family.

Final determination – A conclusion by the standard of evidence that the alleged conduct did or did not violate the policy.

Finding – A conclusion by the standard of evidence that the conduct did or did not occur as alleged (as in a “finding of fact”).

Fondling – The intentional touching of the clothed or unclothed genitals, buttocks, groin, breasts, or other body parts, without the consent of the complainant for the purpose of sexual degradation, sexual gratification, or sexual humiliation by the respondent or the respondent causing or directing the complainant to touch the respondent’s clothed or unclothed genitals, buttocks, groin, breasts, or other body parts without the consent of the complainant for the purpose of sexual degradation, sexual gratification, or sexual humiliation. This act includes instances where the victim is incapable of giving consent because of age or incapacity due to temporary or permanent mental or physical impairment or intoxication for the purpose of sexual degradation, sexual gratification, or sexual humiliation. (Note: The terms “fondling” and “criminal sexual contact” may be used interchangeably.)

Force – Force is the use of physical violence and/or physical imposition to gain sexual access. Force also includes threats, intimidation (implied threats), and coercion intended to overcome resistance or produce consent. Sexual activity that is forced is, by definition, nonconsensual, but nonconsensual sexual activity is not necessarily forced. Silence or the absence of resistance alone is not consent. Consent is not demonstrated by the absence of resistance. While resistance is not required or necessary, it is a clear demonstration of nonconsent.

Formal complaint – A complaint, made in writing, that informs the University the complainant would like to initiate an investigation or other appropriate resolution process. A complainant may initially make a report and decide later to make a formal complaint.

Title IX grievance process – ATSU’s method of formal resolution to address Title IX sexual harassment allegations, which complies with the requirements of the Title IX regulations (34 C.F.R. § 106.45) and the Violence Against Women Act amendments to the Clery Act (34 C.F.R. § 668).

General discrimination – Class-based discrimination or harassment not defined or covered under Title IX regulations but covered under the Title IX grievance process.

General discrimination process – ATSU’s method to resolve formal complaints related to protected characteristics that do not meet the definitions of the Title IX grievance process.

Grievance and Equity Response Team (GERT) – A team of qualified ATSU employees who serve as advisors, investigators, hearing panel members, and appeals decision-makers in the grievance processes. GERT membership is maintained and instructed by the Title IX coordinator (or designee). GERT members receive annual instruction specific to their respective role(s) in the resolution process, as well as Title IX-specific instruction upon hire/membership to GERT and annually thereafter.

Hearing panel – A group of qualified ATSU employees from the GERT and/or third-party consultant(s) who hear and conduct a proceeding to determine a finding regarding a formal complaint of discrimination in the Title IX grievance process.

Impact and mitigation statement – Complainants may submit a written statement describing the impact of discrimination, harassment, or retaliation on the complainant. Respondents may submit a written statement explaining any factors the respondent believes should mitigate or otherwise be considered in determining the sanction(s) imposed. Impact and mitigation statements are shared with the decision-maker(s) for sanctioning purposes if the decision-maker(s) determines there was a policy violation.

Impermissible evidence – Evidence relating to a complainant’s sexual interests or prior sexual conduct is excluded unless the evidence about the complainant’s prior sexual conduct is offered to prove that someone other than the respondent committed the alleged conduct. It is also permitted if it is evidence about specific incidents of the complainant’s prior sexual conduct with the respondent offered to prove consent. Impermissible evidence also includes previous disciplinary action of any kind involving the respondent unless there is an allegation of a pattern of misconduct.

Incapacitation – A person cannot consent if they are unable to understand what is happening or is disoriented, helpless, asleep, or unconscious for any reason, including by alcohol or other drugs. Incapacitation occurs when someone cannot make rational, reasonable decisions because they lack the capacity to give knowing/informed consent (e.g., to understand the “who, what, when, where, why, or how” of the sexual interaction). Incapacitation is determined through consideration of all relevant indicators of an individual’s state and is not synonymous with intoxication, impairment, blackout, and/or being drunk. This policy also covers a person whose incapacity results from a temporary or permanent physical or mental health condition or disability, involuntary physical restraint, and/or the consumption of incapacitating drugs. Incapacitation should be evaluated from the ability of the respondent to know of the incapacitation.

Incest – Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by state law.

Informal resolution – A resolution agreed to by the parties and approved by the Title IX coordinator (or designee) that occurs prior to a final determination in the resolution process.

Investigation – A process conducted by unbiased investigators to gather and synthesize evidence while providing analysis of the credibility of evidence. In the general discrimination grievance process, investigator(s) will make a determination of “in violation” or “not in violation” of policy. In the Title IX grievance process, the investigator(s) will not make a determination of in violation or not in violation, but instead, determine the facts to be considered by the hearing panel.

Investigation report – The investigators’ written summary of all relevant evidence gathered during the investigation. Variations include the evidence summary report, the draft investigation report, and the final investigation report.

Jurisdiction – This policy applies to ATSU’s education programs and activities, including employment.

• Title IX regulatory jurisdiction: This policy applies to allegations of Title IX sexual harassment that occur within an ATSU education program or activity against a person in the United States. An education program or activity includes locations, events, or circumstances over which ATSU exercises substantial control over both the respondent and the context in which the misconduct occurs, as well as any building owned or controlled by an ATSU-recognized student organization.
• Institutional/off-campus jurisdiction: Conduct that occurs outside the United States or outside an official ATSU education program or activity is not subject to the Title IX formal grievance process. However, ATSU retains disciplinary authority and jurisdiction under the general discrimination process over off-campus and/or online misconduct when the conduct affects a substantial ATSU interest. A substantial ATSU interest includes, but is not limited to, any action that constitutes a criminal offense under applicable law; any situation in which the respondent is determined to pose an immediate threat to the physical health or safety of any student, employee, or other individual; any situation that significantly impinges upon the rights, property, or achievements of others, significantly breaches the peace, or causes social disorder; or any situation that substantially interferes with ATSU’s educational interests or programmatic mission.
• Nonaffiliated/unknown respondents: If the respondent is unknown or is not a member of the ATSU community (such that they are not subject to ATSU's primary disciplinary jurisdiction), ATSU cannot pursue disciplinary sanctions. In all such cases, the Title IX coordinator (or designee) will implement appropriate nonpunitive supportive measures for the complainant and provide assistance in identifying external local, legal, and institutional support options.

Mandated reporter – An ATSU employee who is obligated by policy or law to share knowledge, notice, and/or reports of discrimination, harassment, and/or retaliation with the Title IX coordinator or designee. All employees, with limited exceptions (see confidential employee), are mandated reporters.

Marital status – A person’s state of being single, married, separated, divorced, or widowed.

Notice – When an employee, student, or third party informs the administrator or any ATSU official who has authority to take corrective measures on behalf of the University of an alleged occurrence of discrimination, harassment, retaliation, and/or other prohibited conduct.

Party – A complainant or respondent. Parties is the collective term for the complainant(s) and respondent(s) involved in a formal complaint.

Parental status – The status of a person who, with respect to another person who is under the age of 18 or who is 18 or older but is incapable of self-care because of a physical or mental disability, is any of the following: a biological parent; an adoptive parent; a foster parent; a stepparent; a legal custodian or guardian; in loco parentis with respect to such a person; or actively seeking legal custody, guardianship, visitation, or adoption of such a person.

Pregnancy or related conditions – Pregnancy, childbirth, termination of pregnancy, or lactation; medical conditions related to pregnancy, childbirth, termination of pregnancy, or lactation; or recovery from pregnancy, childbirth, termination of pregnancy, lactation, or related medical conditions (see Policy 90-210 Pregnancy Guide).

Preponderance of evidence – The standard of evidence used in this policy. This standard indicates it is more likely than not that a policy violation occurred.

Protected characteristic – A specific personal attribute that is legally shielded from discrimination.

Quid pro quo – An act in which a university community member conditions the provision of an aid, benefit, or service on an individual’s participation in unwelcome sexual conduct.

Rape – Penetration, no matter how slight, of the vagina or anus of a person with any body part or object or oral penetration of a sex organ of the complainant, or by the respondent’s sex organ, or by a sex-related object without the consent of the complainant, including instances when the complainant is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacity.

Reasonable person – A reasonable person under similar circumstances and with similar identities to the complainant.

Recipient – The institution receiving federal funding. In this policy, the recipient is ATSU.

Relevant evidence – Evidence in an investigation that has bearing on the determination as to whether a policy has been violated. This could be documentary evidence, including emails, text messages, videos, transcriptions of interviews, etc. Relevance is subject to mandatory regulatory exclusions, including but not limited to rape shield protections, legally privileged information, and nonconsensual medical/psychological records (see impermissible evidence). Evidence may be redacted.

Remedies – Measures provided, as appropriate, to a complainant or any other person ATSU identifies as having had their equal access to ATSU’s education program or activities, including employment, limited or denied by discrimination, in order to restore or preserve access to the education program or activities after a determination of discrimination.

Report – A report provides notice to ATSU of an allegation or concern about discrimination, harassment, or retaliation and allows the Title IX coordinator (or designee) to provide information, resources, and supportive measures. A complainant may initially make a report and decide later to make a formal complaint. A report carries no obligation to file a formal complaint.

Resolution – The result of an informal or formal grievance process.

Resolution process – The investigation and resolution of allegations of prohibited conduct under this policy, including informal resolution and formal resolution (Title IX grievance process and general discrimination grievance process).

Respondent – Party accused of violating ATSU policy.

Retaliation – Retaliation includes taking or attempting to take materially adverse action by intimidation, threats, coercion, or discrimination against any person by ATSU, a student, an employee, or another person for the purpose of interfering with any right or privilege under this policy or because the person has reported information, made a formal complaint, testified, assisted, participated, or refused to participate in any manner in an investigation or proceeding in the grievance process. The University reserves the right to pursue disciplinary action against those who knowingly make materially false statements in bad faith during a resolution process under this policy. Such disciplinary action shall not constitute retaliation on the part of the University. A determination of “no responsibility,” by itself, is not sufficient to conclude any party has made a materially false statement in bad faith.

Sanction – A consequence imposed on a respondent who is found to have violated this policy. See ATSU Policy 90-210 Sanctioning Guide.

Sex – Sex assigned at birth, sex stereotypes, sex characteristics, pregnancy (or related conditions), marital or family status, and sexual orientation.

Sexual assault with an object – Respondent’s use of an object or instrument to unlawfully penetrate, however slightly, the oral, genital, or anal opening of the body of the complainant without the complainant’s consent, including instances where the complainant is incapable of giving consent because of age or a temporary or permanent mental or physical incapacity.

Sexual exploitation – Any person taking nonconsensual or abusive sexual advantage of another that does not constitute sexual harassment (see definitions), for their own benefit or for the benefit of anyone other than the person being exploited. Examples of sexual exploitation include, but are not limited to:

• Sexual voyeurism: Observing or allowing others to observe a person undressing, using the bathroom, or engaging in sexual acts, without the consent of the person being observed.
• Nonconsensual intimate imagery: Distributing, displaying on a device, or transmitting (e.g., via Airdrop, Snapchat, or other software) authentic or synthetic intimate, nude, or sexually explicit photos, videos, or audio recordings of an individual without their consent.
• Synthetic media creation (deepfakes): Creating or disseminating synthetic or digitally manipulated media that represents an individual doing or saying sexually related things that never happened or placing identifiable real people in fictitious pornographic situations without their consent.
• Identity misappropriation: Misappropriating another person's identity on apps, websites, or other online venues designed for dating or sexual connections (e.g., spoofing).
• Exceeding boundaries: Exceeding the established boundaries of consent, such as secretly allowing another person to hide in a space (e.g., a closet) to observe sexual activity.
• Induced incapacitation: Causing or attempting to cause the incapacitation of another person (through alcohol, drugs, or any other means) for the purpose of compromising that person’s ability to give consent to sexual activity.

Sodomy – Oral or anal penetration of the complainant by the respondent without the consent of the complainant, including instances when the complainant is incapable of giving consent because of age or a temporary or permanent mental or physical incapacity.

Stalking – A respondent engaging in a course of conduct on the basis of sex, directed at the complainant, that would cause a 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 means two or more acts, including but not limited to acts in which the respondent directly, indirectly, or through third parties by an action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property.
• Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.

Statutory rape – Sexual intercourse with a person who is under the statutory age of consent in the state. For the purposes of this policy, allegations of statutory rape will be evaluated in strict alignment with applicable state law, including any close-in-age exemptions established by state law. Consensual conduct that is legally exempt from criminal prosecution under applicable state age-gap laws shall not constitute a violation of this policy.

Student – A person who has gained admission to an ATSU program. A person remains a student after admission until they withdraw, are dismissed, graduate from an ATSU program, or otherwise leave ATSU’s educational program or activity. For the purposes of this policy, an individual maintains an ongoing educational relationship and remains defined as a student during any period of approved leave of absence, institutional suspension, or while a formal appeal of an academic or disciplinary dismissal is actively pending resolution through official university channels.

Supportive measures – Individualized measures offered to restore or preserve a party’s access to ATSU’s education program or activity and provide support during grievance processes. Supportive measures must be provided without fee or charge to its parties, be reasonably available, not create an unreasonable burden on either the complainant or respondent, and not be applied for punitive or disciplinary reasons.

Title IX coordinator – Official designated by ATSU to ensure ultimate oversight of compliance with Title IX and ATSU’s Title IX program. References to the Title IX coordinator throughout the policy may also encompass a designee of the Title IX coordinator for specific tasks.

Title IX discrimination – Discrimination that meets the definition of prohibited conduct under the Title IX process.

Preliminary processes

The following processes apply to all reports of prohibited conduct. These processes occur upon receipt of a report and before the commencement of a formal investigation under either the Title IX grievance process or the general discrimination grievance process.

Title IX formal resolution process

The formal resolution process includes investigation by unbiased investigators and a hearing before neutral, impartial panel members, subject to appeal and final determination. Remedies to restore those impacted will be implemented upon a final determination of a policy violation.

Investigation

1. Investigations will be completed within a prompt and reasonable timeframe dependent on the context and facts related to the formal complaint.
2. Parties will be regularly updated as to the projected timeline for completion of the investigation. During the process, parties will:
   1. Be given timely notice of any meetings at which either or both may be present.
   2. Have equal opportunity to present witnesses and provide evidence.
   3. Have the opportunity to have an advisor of their choice.
      1. If either party does not have an advisor during the investigative process, ATSU will, if requested, provide an advisor for the party.
      2. During the hearing process, an advisor is required and will be provided to the parties if they do not have one.
      3. It is advised that supervisors of the parties should not serve as advisors. If a respondent’s supervisor is the advisor of choice for either party, the supervisor will not be involved in the sanctioning process.
      4. Parties’ advisors may not contact investigators, the Title IX coordinator, hearing panel members, or appeal decision-makers directly. All contact should be initiated and carried out by the parties themselves.
3. Investigators will be assigned from GERT in an effort to provide a fair and impartial process. In some circumstances, investigators may be third-party consultants.
4. If a respondent separates from the University during the investigation process, the respondent may not be permitted to rejoin the University until disposition of the formal complaint, and a notation will be placed on their transcript or employment record. ATSU may continue the formal resolution process even if the respondent separates from the University.
5. After the notice of investigation and allegation is provided to both parties, the investigators will meet with both parties to provide information about the process, answer questions about the allegations, and gather evidence and witness lists. Parties will be able to present witness lists at this time and during their initial interview. The parties will be expected to provide a rationale for why a witness should be interviewed and what information they may have about the allegations. Character witnesses are generally not permitted. Investigators will determine who to interview based on potentially relevant information about the allegations.
6. Investigators will then interview parties and witnesses. Investigators will record interviews and create a transcript from each interview. The transcripts will be shared with the parties and witnesses, who will have a time period determined by the investigators of no less than five days to review and confirm the transcript’s accuracy. Parties and witnesses may be requested to participate in multiple interviews.
7. Investigators will collect additional evidence (see definitions) from parties, witnesses, and University sources.
8. The investigators will only consider evidence deemed relevant and not otherwise impermissible (see definitions).
9. At the conclusion of the investigation process, the investigation report and evidence collected will be submitted to the Title IX coordinator (or designee) to share the report with the parties and provide the report and evidence to the hearing panel.
   1. A draft of the investigative report and access to evidence will be provided to the parties. The parties will have 10 business days to respond in writing to the draft report. Parties will have continuous access to the evidence throughout the 10-day review period.
   2. After receiving responses to the draft report and evidence, or after 10 business days if there is no response, investigators will review additional material provided by the parties and compile the final investigation report.
   3. The final investigation report and evidence will be provided to the parties, who will have 10 business days to respond in writing to the final investigative report before the hearing process begins. The parties will have access to the evidence through the appeal period to enable proper review for question development for the hearing and preparation of an appeal. Parties will have continuous access to the evidence throughout the five-day appeal time frame.
   4. Once the final investigation report and evidence have been shared with the parties, the Title IX coordinator will refer the matter for a hearing.

Hearing

1. The hearing cannot be held fewer than 10 days after the final investigation report is transmitted to the parties and the hearing panel.
2. The hearing will be conducted live. Hearings may be conducted virtually, in person, or in a hybrid format, depending on circumstances.
3. Parties will be notified of the hearing time and date no fewer than 10 business days in advance. Notification will include a description of policy violations; the date, time, and location of the hearing; the hearing rules; and the hearing panel members. Rescheduling the hearing is at the hearing panel chair’s sole discretion. In the case of multiple respondents, there may be joint or separate hearings, and the notice will so indicate.
4. The hearing panel will be selected from GERT members who have not previously been involved in the case and have no known bias. ATSU may utilize third-party consultants as hearing panel members and chairs. Any objections to hearing panel members must be raised in writing to the Title IX coordinator (or designee) no fewer than five days prior to the hearing. Removal or changing of a hearing panel member is at the discretion of the Title IX coordinator (or designee).
5. The panel chair will conduct the hearing.
6. Prior to the hearing, a pre-hearing conference will be offered to both parties. In some circumstances, the pre-hearing conference may be offered to the complainant and respondent separately. The pre-hearing conference will discuss procedural expectations, answer questions, and resolve any contested aspects of the process. Issues of relevance regarding lines of questioning and evidence are best decided during the pre-hearing conference rather than during the hearing. The pre-hearing conference will not be recorded.
7. The hearing panel will review witness testimony, the investigative report, and other submitted evidence to make a final determination as to whether the respondent is in violation.
8. The hearing will proceed at the scheduled time unless rescheduled by the panel chair. The absence of parties, witnesses, or advisors will not postpone a hearing.
9. Both parties may choose to submit an impact statement. The impact statement must be provided to the Title IX coordinator (or designee) at least one day before the hearing. The impact statements will be held by the Title IX coordinator (or designee). If the respondent is found responsible at the hearing, impact statements will be provided to the hearing panel for use during the sanctioning phase.
10. The hearing panel will begin the hearing with an assumption the respondent is not in violation. As evidence is introduced, the hearing panel will evaluate the credibility of the evidence until all evidence is presented, and a finding can be made.
11. The hearing panel will use the “preponderance of the evidence” standard of evidence when determining whether there is a violation of policy. The hearing panel’s decision needs only a simple majority.
12. Order of the hearing (The chair may change the order of the hearing with notice to the parties):
    1. Welcome and explanation of the process.
    2. Presentation of the investigative report by the investigator (optional, at the chair’s discretion).
    3. Witnesses for complainant and complainant’s testimony.
    4. Witnesses for respondent and respondent’s testimony.
    5. Witnesses requested by the hearing panel.
    6. Conclusion of the hearing and notification of timeline for finding.
13. The hearing panel may create time limits for different aspects of the hearing process, including how long an advisor has to question a party or witness, presentation of the investigative report, opening or closing remarks, etc. Time limits should be equal between the parties.
14. Investigators may present their investigation report during the hearing, if permitted by the chair. The investigative report will not make an indication of findings but will share evidence found during the investigation. Investigators are not to share an opinion regarding whether a violation occurred.
15. Parties are entitled to provide witnesses at the hearing. Parties may submit witness lists. Any witness lists must be submitted to the Title IX coordinator (or designee) no fewer than five business days in advance of the hearing. Witnesses not submitted five business days prior to the hearing may not be permitted to participate. The hearing panel chair will notify all parties of the shared witness list no fewer than two business days prior to the hearing. The investigator must have previously questioned all witnesses. It is the parties’ responsibility to ensure their witnesses are present at the hearing.
16. The hearing panel will ask its questions of each witness prior to direct questioning and cross-examination by the parties’ advisors. If a party’s advisor does not arrive for the hearing, ATSU, under the direction of the Title IX coordinator (or designee), will provide an advisor to conduct direct and cross-examination questions provided by the party.
17. Parties, through their advisors, may question their own witnesses and cross-examine witnesses submitted by a different party. Advisors for parties will conduct questioning, not the parties themselves. Advisors are to submit their questions from a seated position, except when an accommodation does not permit a seated position, and in a professional tone. Parties, witnesses, or advisors who behave in an unprofessional manner may be removed by the hearing panel chair.
18. Witnesses may only be present for the part of the hearing in which they are questioned. The decision-makers may consider testimony and evidence provided at the hearing or during the investigative process.
19. The hearing panel may consider evidence collected during the investigation, including interview summaries, transcripts, document evidence, or other evidence, regardless of whether a party or witness submits to direct or cross-examination. A party’s or witness’ willingness to submit to cross-examination or direct examination may impact the credibility analysis by the hearing panel.
20. The hearing panel chair will communicate a process to parties, advisors, and witnesses regarding whether a question is relevant and, therefore, whether a party should answer. The hearing panel chair has absolute discretion to determine which questions are relevant and may decline to pose or permit certain questions based on relevance. Rationale for not permitting certain questions must be provided immediately, on record, before proceeding to the next question. Questions are usually not allowed because of lack of relevance, repetition, or because they are abusive in nature.
21. Parties and witnesses are encouraged to respond to the hearing panel chair’s approved questions submitted by the advisors and hearing panel. A party does not need to be present for an advisor to ask direct and cross-examination questions of witnesses or other parties.
22. Each party also can refer the hearing panel to inculpatory evidence (evidence indicating the respondent violated policy) or exculpatory evidence (evidence indicating the respondent did not violate policy) that has already been submitted during the investigation. Evidence submitted during the investigation will be available to the hearing panel and does not need to be resubmitted during a hearing. Evidence should be submitted during the investigation period and not during the hearing period. The hearing panel chair may deny admission of evidence not submitted during the investigation or refer the case back to the investigation stage.
23. Unless the Title IX coordinator (or designee) determines it is appropriate, no one will present information or raise questions concerning: (1) incidents not directly related to the possible violation, unless such incidents evidence a pattern; (2) the sexual history of the parties, though there may be a limited exception with respect to pattern, sexual history between the parties, or evidence regarding the complainant’s sexual history that is offered to prove a person or persons who are not the respondent engaged in the reported misconduct, if relevant; or (3) the character of the parties. While previous conduct violations by the respondent are not generally admissible as information about the present allegation, investigators may supply the hearing panel with information about previous findings to consider as possible evidence of a pattern and/or predatory conduct.
24. There will be no observers of the hearing and no more than one advisor per party. If a party has need for a supplemental advisor related to disability or language translation, it may be allowed based on a review of documentation. The need for a support advisor related to a disability or language translation must be arranged prior to the hearing with the Title IX coordinator (or designee).
25. The hearing will be recorded only by the Title IX coordinator (or designee) and only for potential use in appeals or report writing by the panel. There will be no other recordings by the parties or anyone else. If there is an appeal, the recording transcript may be reviewed by the parties and their advisors in a controlled setting to be determined by the Title IX coordinator (or designee). The recording will not be provided to the parties.
26. Deliberations will occur with only the hearing panel and the Title IX coordinator (or designee) present. The Title IX coordinator (or designee) is only present to clarify questions. The hearing panel will make the final decision. Deliberations are not recorded.
27. Simultaneous written notice to the parties describing hearing findings and final outcomes, including determination of responsibility, sanctions, and available appeal processes, will occur within five business days of the hearing. Any delay in the notification of findings and sanctions will be communicated to the parties simultaneously.

General Discrimination Prohibited Conduct and Grievance Process

This process applies to all ATSU community members participating or attempting to participate in ATSU’s educational program or activities. If, through this process, a University employee or student is found in violation of this policy, they will be subject to corrective action, up to and including termination or dismissal. Patient complaints related to discrimination or harassment will be addressed under ATSU Policy No. 30-103: Patient Complaints. Engaging in behavior that is disrespectful, disruptive, or otherwise prohibited by this policy, regardless of whether such behavior constitutes harassment prohibited by law, could constitute a policy violation.

Prohibited conduct under general grievance

Prohibited conduct includes unwelcome conduct, whether verbal, nonverbal, physical, or visual, including online and/or electronic manifestations of any prohibited conduct, that is based on or relates to an individual's race, color, religion, ethnicity, national origin, age, disability, veteran status, or any other status protected by applicable law and has the effect of creating a hostile environment. Additionally, prohibited conduct under the general grievance process includes unwelcome conduct, whether verbal, nonverbal, physical, or visual, including online and/or electronic manifestations of any prohibited conduct, that is based on or relates to sex, pregnancy, and sexual orientation not covered by the Title IX process and has the effect of creating a hostile environment. A hostile environment has the effect of unreasonably interfering with an individual’s work or a student’s performance or otherwise adversely affecting an individual’s employment or educational opportunities.

A hostile environment is any situation in which there is harassing conduct sufficiently severe, or pervasive, or objectively offensive to alter the condition of employment, or limit, interfere with, or deny educational benefits or opportunities, from a subjective (the alleged victim’s) and an objective (a reasonable person’s standard) viewpoint.

Whether a hostile environment has been created is a fact-specific inquiry, which includes consideration of the following:

• The degree to which the conduct affected the complainant’s ability to access ATSU’s education program or activity, including employment.
• The type, frequency, and duration of the conduct.
• The parties’ ages, roles within ATSU’s education program or activity, previous interactions, and other factors about each party that may be relevant to evaluating the effects of the conduct.
• The location of the conduct and the context in which the conduct occurred.
• Other harassment in ATSU’s education program or activity.

General discrimination grievance process

1. Any individual who feels they have witnessed or experienced behavior prohibited by this policy or who has questions, concerns, or information regarding potential violations of this policy should immediately report the circumstance(s) or incident(s) to their supervisor or one of the contact persons described within this policy. Once a report is shared with the Title IX coordinator (or designee) or deputy Title IX coordinator, the complainant will be notified in writing of their ability to file a formal complaint.
2. All University employees are required to report any knowledge of a violation of this policy, with the limited exception of confidential employees, including licensed professional mental health counselors and other persons with a professional license requiring confidentiality who are working within that license, as well as ATSU Institutional Review Board-approved researchers. Confidential employees must share the Title IX coordinator’s contact information and how to make a report with anyone communicating potential violations under this policy.
3. If a complainant does not wish for a formal complaint to move forward into an investigation, the Title IX coordinator (or designee) may move forward and submit a formal complaint if there is a compelling risk to the health or safety of individuals or the community based on a risk assessment. This risk may be based on a pattern, predatory behavior, abuse of minors, use of weapons, violence, and/or other compelling rationale.
4. A formal complaint must be made in writing to the Title IX coordinator (or designee) or a deputy Title IX coordinator to initiate a formal complaint evaluation, which may lead to an investigation (see formal complaint evaluation).
5. A complainant may receive supportive measures without filing a formal complaint or proceeding to an investigation (see supportive measures).
6. If the formal complaint is moved to the formal resolution process, the parties will receive notice of investigation and allegations, including:
   1. Applicable policies with specific sections of alleged violations identified.
   2. Notice of details of the allegations, if known.
   3. Identities of parties involved, if known.
   4. Date(s) of incident(s), if known.
   5. Location(s) of incident(s), if known.
   6. Right to have an advisor of the party’s choice.
   7. A statement that the respondent is presumed not in violation of policy.
   8. Access to applicable policies.
   9. A reminder of the expectation for truthfulness in the process.
   10. The ability to review and inspect directly related evidence at the conclusion of the investigation.
   11. A statement regarding the prohibition of retaliation.

General discrimination formal resolution process

The formal resolution process includes investigation and decision by unbiased investigators, subject to appeal, and final determination. Remedies to restore those impacted will be implemented upon the finding of a policy violation.

Investigation

1. Investigations will be completed within a prompt and reasonable timeframe dependent on the context and facts related to the formal complaint.
2. Parties will be regularly updated as to the projected timeline for completion of the investigation. During the process, parties will:
   1. Be given timely notice of any meetings at which either or both may be present.
   2. Have equal opportunity to present witnesses and provide evidence.
   3. Have the opportunity of an advisor of their choice.
      1. If either party does not have an advisor during the investigative process, ATSU will, if requested, provide an advisor for the party.
      2. It is advised that supervisors of the parties should not serve as advisors. If a supervisor of the respondent is the advisor of choice for either party, the supervisor will not be involved in the sanctioning process.
      3. Parties’ advisors may not contact investigators, the Title IX coordinator, or appeal decision-makers directly. All contact should be initiated and carried out by the parties themselves.
3. Investigators will be assigned from GERT in an effort to provide the fairest and most impartial process. In some circumstances, investigators may be third-party consultants.
4. If a respondent separates from the University during the investigation process, the respondent may not be permitted to rejoin the University until disposition of the formal complaint, and a notation will be placed on their transcript or employment record. ATSU may continue the formal resolution process even if a respondent separates from the University.
5. After the notice of investigation is provided to both parties, the investigators will meet with both parties to provide information about the process, answer questions about the allegations, and gather evidence and witness lists. The parties will be expected to provide a rationale for why a witness should be interviewed and what information they may have about the allegations. Character witnesses are generally not permitted.
6. Investigators will only consider evidence that is deemed relevant and not otherwise impermissible (see definitions).
7. Investigators will interview parties and witnesses. A transcript will be created from each interview. Parties and witnesses will have five business days to review transcripts.
8. Investigators will conduct credibility assessments of relevant evidence, including interviews with parties and witnesses.
9. Investigators will determine the facts of the allegation, including agreed-upon information and disputed information.
10. Investigators will conduct an analysis, including evidence in support of and evidence contradicting the allegations, to determine if a policy violation has occurred.
11. ATSU uses the preponderance of the evidence standard of proof when determining whether a policy violation occurred (see definitions).
12. The final investigation report and final determination will be provided to the parties, who will have five business days to appeal (see appeals). If there is no appeal within five business days, the report, its findings, and any sanctions will be final. If there is an appeal, the appeal process will be followed.
13. In addition to the final report, parties will receive relevant and directly related evidence collected in the investigative process.

Sanctions

1. Sanctions are determined by the hearing panel within the Title IX grievance process or recommended by the investigators within the general discrimination grievance process, with approval by the Title IX coordinator.
2. Sanctions for student violations of ATSU Policy No. 90-210 include, but are not limited to, a reprimand, disciplinary warning to be added to the student’s permanent file, educational sanctions, required counseling, limitations on activities, probation, suspension, dismissal, revocation of diploma, student organizational sanctions, and other context-appropriate sanctions.
3. Sanctions for employee violations of ATSU Policy No. 90-210 include, but are not limited to, a disciplinary warning to be added to the employee’s permanent file, performance management improvement process, required counseling, probation, additional instruction, suspension with or without pay, loss of annual pay increase, loss of oversight or supervisory responsibility, demotion, dismissal, and other context-appropriate sanctions.
4. ATSU community members who share employee and student status may be sanctioned under either or both statuses. The status under which they are sanctioned depends on the context of the allegations.
5. Sanctioning is guided by the ATSU Policy No. 90-210 Sanctioning Guide.
6. Sanctions will be implemented as soon as feasible once a determination is final, either upon the outcome of any appeal or the expiration of the appeal window without an appeal being requested.
7. Failure to abide by the sanction(s)/action(s) imposed by the specified date, whether by refusal, neglect, or any other reason, may result in additional sanction(s)/action(s), including suspension, dismissal, or termination from ATSU.

Appeals

1. Parties will have the right to appeal, in writing, within five business days of receiving the outcome report of a hearing panel (Title IX grievance process) or investigation (general discrimination grievance process), a dismissal of allegations (Title IX grievance process or general discrimination grievance process), or a challenge to a supportive measure. If the appeal is untimely or not substantively eligible, the original decision will stand and be final. The party requesting the appeal must show an error that could have changed the outcome of the decision based on the grounds below. Sanctions are presumed to have been decided reasonably and appropriately. The only grounds for appealing a decision in a Title IX grievance process, general discrimination grievance process, or dismissal of allegations are:
   1. A procedural irregularity that would change the outcome.
   2. New evidence that would change the outcome and was not reasonably available when the final determination was made. A summary of this new evidence and its potential impact must be included. Evidence is deemed not “reasonably available” if, despite the party exercising objective due diligence and reasonable effort, the evidence could not have been discovered, secured, or produced before the close of the investigative or summary record.
   3. The Title IX coordinator, investigator, or decision-maker had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that would change the outcome.
   4. The sanctions fall outside the range designated for this offense, considering the respondent's cumulative conduct/disciplinary record (applicable to sanctions of suspension, dismissal, or termination only).
2. Parties will be provided the evidence that is relevant or directly related to the finding in an electronic format. The evidence is not to be printed or transferred to other parties. The parties may request that their advisor receive access to the evidence as well.
3. Appeals must be submitted in writing to the Title IX coordinator (or designee) for review to determine standing. Appeals with standing will be forwarded to an appeal decision-maker or third-party consultant.
4. If an appeal is determined to have standing, the other party or parties will have the opportunity to review the appeal and provide a written response within three business days.
5. If some or all of an appeal is determined to not have standing, the appealing party will receive notice and an explanation. A decision to deny an appeal because of a lack of standing is not appealable.
6. Upon receipt of a written appeal, the Title IX coordinator (or designee) will select an appeal decision-maker consisting of up to three GERT members or third-party consultants to rule on the appeal. An appeal decision-maker can be as few as one person.
7. Appeal decisions are to be deferential to the original decision-maker(s), making changes to the final determination only where there is clear error and to the sanction only if there is a compelling justification to do so. An appeal is not an opportunity for appeal decision-makers to substitute their judgment for that of the original hearing body or investigators merely because they disagree with the finding and/or sanctions.
8. Any sanctions, excluding termination, employment transfer, or expulsion, imposed at the conclusion of an investigation will remain in effect during the appeals process. Termination, employment transfer, expulsion, or dismissal will be treated as a suspension from the conclusion of the application of sanctions to the conclusion of the appeal process. If the appeal upholds employment termination, employment transfer, or expulsion, the sanction will be instituted immediately at the conclusion of the appeal.
9. The appeal decision-maker(s) will rule on the appeal within 15 business days. Any extension beyond 15 business days will be communicated to both parties, along with an updated timeframe for the ruling.
10. If an appeal is granted for a decision based on the Title IX grievance process or the general discrimination grievance process, direction will be provided by the appeal decision-maker(s) regarding next steps. Appeal decision-maker(s) may:
    1. Remand the case to the original hearing panel.
    2. Remand the case to a new hearing panel.
    3. Remand the case back to the original investigators.
    4. Remand the case to a new set of investigators.
    5. Make no change to the decision or sanction.
11. A notice of appeal outcome letter will be sent to all parties simultaneously. The appeal outcome letter will specify the finding on each appeal ground and any specific remand or reconsideration instructions.
12. When the appeal results in no change to the finding or sanction, that decision is final. When the appeal results in a remand to a hearing panel or investigators, appeal rights reset pending the new determination of the finding or sanction. If only a new sanction is considered, only the new sanction may be appealed. If both the finding and sanction are considered, all appeal rights reset. Appeal decisions for dismissals or challenges are final.

Amnesty

ATSU provides amnesty for drug/alcohol possession and consumption violations under this policy.

1. ATSU strongly encourages students and employees to report potential violations of this policy. Therefore, individuals who make a good-faith report to appropriate authorities regarding potential violations will not face University disciplinary action for their own drug/alcohol possession or consumption in connection with the reported incident.
2. Amnesty for persons making a report in good faith does not include exclusion from substance abuse counseling and/or rehabilitation, which may be necessary for employees or students with clinical responsibilities or patient contact.

Free speech and academic freedom

Faculty and other academic appointees, staff, and students of the University enjoy significant free speech protections guaranteed by the First Amendment of the U.S. Constitution.

1. This policy is intended to protect members of the University community from discrimination, not to regulate protected speech.
2. This policy will be implemented in a manner recognizing the importance of rights to freedom of speech and expression.
3. The University also has a compelling interest in free inquiry and the collective search for knowledge and thus recognizes principles of academic freedom as a special area of protected speech.
4. Consistent with these principles, no provision of this policy will be interpreted to prohibit conduct legitimately related to course content, teaching methods, scholarship, or public commentary of an individual faculty member or the educational, political, artistic, or literary expression of students in classrooms and public forums.
5. Freedom of speech and academic freedom are not limitless and do not protect speech or expressive conduct violating federal or state anti-discrimination laws.

Record retention

ATSU will maintain copies of the following documents/records relating to this policy for seven years, in accordance with ATSU’s record retention schedule and applicable laws.

1. Each discrimination investigation report and evidence gathered.
2. Final determination letters and disciplinary sanctions imposed upon the respondent.
3. Audio or audiovisual recordings or transcripts of live interviews and hearings.
4. Remedies provided to the complainant to restore or preserve equal access to education programs or activities.
5. Any appeal and the result thereof.
6. Informal resolution agreements.
7. Supportive measures offered in response to a report or formal complaint of sexual harassment.
8. Written basis explaining ATSU was not deliberately indifferent in its response to reports for formal complaints of sexual harassment, which is often a conclusion of the investigation report and hearing panel report.
9. ATSU will retain all materials used to train Title IX coordinators (or their designees), investigators, and any person who facilitates an informal resolution process.
10. Documentation explaining why supportive measures were not provided and why it was reasonable in light of known circumstances.

Responsibility

1. All ATSU employees
   1. Nonconfidential employees are required to report instances of discrimination, harassment, or retaliation to the Title IX coordinator (or designee) or deputy Title IX coordinators and cooperate fully in an investigation when not named as a party. The mandatory reporting obligation applies strictly to third-party reports and observations. Employees retain full autonomy regarding whether to disclose or formally report conduct experienced directly by them.
   2. Employees are required to complete education at the time of hire and annually thereafter on ATSU’s obligation to address discrimination, the scope of conduct constituting discrimination, including the definition of sex-based harassment, and notification and information sharing requirements.
2. All ATSU employees and students – Employees and students are required to comply with the requests of the Title IX coordinator (or designee) in implementing supportive or interim measures and sanctions. Employees and students who are not named as responding parties must cooperate fully with investigations.
3. All ATSU confidential employees – Employees designated as confidential (i.e., counselors and others working under a professional license that requires confidentiality) must share the Title IX coordinator’s contact information and information on how to make a report with anyone communicating potential violations under this policy.
4. All ATSU researchers – Those doing confidential research approved by ATSU’s Institutional Review Board are not required to report instances of harassment, discrimination, or retaliation reported to them within the specific scope of research. However, researchers must contact the Title IX coordinator to receive guidance on providing the research subject with information on reporting and access to supportive measures and remedies.
5. All ATSU employees serving as GERT members – GERT members are required to complete instruction on a regular basis.
6. Title IX and civil rights coordinator – Responding to and monitoring all formal complaints of discrimination, harassment, or retaliation from students, employees, members of the public, or beneficiaries is the responsibility of the Title IX coordinator (or designee). This employee is responsible for facilitating appropriate sex-based and gender-based harassment and discrimination awareness, prevention, education, monitoring, reporting, investigation, and resolution at ATSU.