/Institutions/Cumberland-University/json/2017-2018/University-Policy-local.json

/Institutions/Cumberland-University/json/2017-2018/University-Policy.json

Policy > Equal Opportunity > Campus SaVE Act Policy and Procedure

Campus SaVE Act Policy and Procedure

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Document Number: EOP--004
Revision #: 2.0
Document Owner: VP of Facilities and Infrastructure
Date Last Updated: 03/21/2018
Primary Author: VP of Facilities and Infrastructure
Status: Approved
Date Originally Created: 03/03/2014
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General Description

Description:
Cumberland University is committed to providing a safe learning and working environment. In compliance with federal law, specifically the Jeanne Clery Act (the Clery Act) and the Campus Sexual Violence Elimination Act (SaVE Act), the University has adopted policies and procedures to prevent and respond to incidents of sexual assault, domestic violence, dating violence, and stalking. These guidelines apply to all members of the University community (students, faculty, and staff) as well as contractors and visitors.


Purpose:
Cumberland University will not tolerate sexual assault, domestic violence, dating violence, or stalking, as defined in this Policy, in any form. Such acts of violence are prohibited by University policy, as well as state and federal laws. Individuals who the University determines more likely than not engaged in these types of behaviors are subject to penalties up to and including dismissal or separation from the University, regardless of whether they are also facing criminal or civil charges in a court of law.


Scope:
All faculty
Staff
Students
Administrators

Responsibility:
VP of Facilities and Infrastructure
Administration
Legal Counsel
Human Resources
VP of Business and Finance
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Requirements

Relevant Knowledge: 
Current University policy
Federal statutes
Standards of good practice
Standard company policies

Terms and Definitions:
Additional training
Corrective Action
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Policy Provisions

1. Introduction

Cumberland University is committed to providing a safe learning and working environment. In compliance with federal law, specifically the Jeanne Clery Act (the Clery Act) and the Campus Sexual Violence Elimination Act (SaVE Act), the University has adopted policies and procedures to prevent and respond to incidents of sexual assault, domestic violence, dating violence, and stalking. These guidelines apply to all members of the University community (students, faculty, and staff) as well as contractors and visitors.
Cumberland University will not tolerate sexual assault, domestic violence, dating violence, or stalking, as defined in this Policy, in any form. Such acts of violence are prohibited by University policy, as well as state and federal laws. Individuals who the University determines more likely than not engaged in these types of behaviors are subject to penalties up to and including dismissal or separation from the University, regardless of whether they are also facing criminal or civil charges in a court of law.


2. Sexual Assault, Domestic Violence, Dating Violence, and Stalking

Sexual Assault refers to any sexual act directed against another person, forcibly and/or against the person’s will; or not forcibly or against the person’s will where the survivor is incapable of giving consent, as well as incest or statutory rape.

Domestic Violence includes felony or misdemeanor crimes of violence committed by:

•A current or former spouse or intimate partner of the survivor;
•A person with whom the survivor shares a child in common;
•A person who is or was residing in the same household as the survivor; or
•Any person against someone who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction.

Dating Violence refers to violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the survivor.

Stalking occurs when an individual engages in a course of conduct directed at a specific person that would cause a reasonable person to fear for his or her safety or the safety of others, or suffer substantial emotional distress.

3. Reporting an Incident

The University encourages any member of the University community who has experienced sexual assault, domestic violence, dating violence, or stalking, or knows of another member of the community who has experienced sexual assault, domestic violence, dating violence, or stalking to report the incident to University authorities.

If a Cumberland student, faculty or staff member, visitor, or contractor has experienced a sexual assault, domestic violence, dating violence, or stalking, they should immediately report the incident to the Dean of Students at 615-547-1387 (if students are involved), the Director of HR at 61-547-1249 (if faculty and/or staff are involved), and/or University Safety Security at 615-476-3061.

Individuals who are on campus can also make an in-person report to any of these authorities. Each authority will assist all members of the Cumberland community by assessing the incident, advising the survivor on how he or she can seek legal protection, and making the survivor aware of medical, counseling, and other support services. If a reported incident did not occur on campus, University Safety and Security can assist the survivor in notifying the local police department with jurisdiction over the crime. In case of an emergency or ongoing threat, a survivor should get to a safe location and call 911. Calling 911 will put you in touch with local police.

Students who have experienced a sexual assault, domestic violence, dating violence, or stalking may also report an incident to the Executive Vice President and Title IX Coordinator Eddie Pawlawski, Memorial Hall Suite 116, 1 Cumberland Square, 615-547-1225. Employees who have experienced a sexual assault, domestic violence, dating violence, or stalking may also report an incident to the Office of Human Resources in Memorial Hall, 1 Cumberland Square, 615-547-1249.

These offices will provide survivors of sexual assault, domestic violence, dating violence, and stalking with information about available support services and resources, and also assist any survivor in notifying law enforcement, including the local police, if the survivor elects to do so. Survivors are not required to report to area law enforcement in order to receive assistance from or pursue any options within the University. Reporting sexual assault, domestic violence, dating violence, and stalking to the police (including University Safety and Security) does not commit the survivor to further legal action. However, the earlier an incident is reported, the easier it will be for the police to investigate, if the survivor decides to proceed with criminal charges.

4. Written Notification of Right and Options

Any student or employee who reports an incident of sexual assault, domestic violence, dating violence, or stalking, whether the incident occurred on or off campus, shall receive a written explanation of their rights and options as provided for under this policy.

These rights and options include the right(s) of a survivor to:

A. go to court, and to file a domestic abuse complaint requesting an order restraining your attacker from abusing you, and/or an order directing your attacker to leave your household, building, school, college, or workplace;
B. seek a criminal complaint for threats, assault and battery, or other related offenses;
C. seek medical treatment (the police will arrange transportation for you to the nearest hospital or otherwise assist you in obtaining medical treatment if you wish);
D. request the police remain at the scene until your safety is otherwise ensured;
E. request that a police officer assist you by arranging transportation or by taking you to a safe place, such as a shelter or a family or friend's residence; and
F. obtain a copy of the police incident report at no cost from the police department.

5. Procedures Survivors Should Follow

If an incident of sexual assault, domestic assault, dating violence, or stalking occurs, it is important to preserve evidence so that successful criminal prosecution remains an option.

The survivor of a sexual assault should not wash, shower or bathe, douche, brush teeth, comb hair, or change clothes prior to a medical exam or treatment. If a survivor has removed the clothing he or she was wearing during the assault prior to seeking medical treatment, that clothing should be placed in a brown paper, not plastic, bag and brought to the hospital when treatment is sought. If the survivor is still wearing the clothes that he or she was wearing during an assault, he or she should bring a change of clothes with him or her to the hospital so that the clothes containing possible evidence can be preserved and examined for evidence of the crime.

Evidence of violence, such as bruising or other visible injuries, following an incident of sexual assault, or domestic or dating violence, should be documented by taking a photograph. Evidence of stalking, including any communications such as written notes, email, voice mail, or other electronic communications sent by the stalker, should be saved and not altered in any way.

6. On Campus and Off Campus Resources

Cumberland University, the City of Lebanon, and Wilson County, all offer other important resources to the survivors of sexual assault, domestic assault, dating violence, or stalking, including medical treatment, counseling services, and advocacy that survivors may wish to utilize.

The following University employees and on campus offices can assist members of the University community in considering their options and navigating through any resources or recourse they may elect to pursue. A survivor need not formally report an incident of sexual assault, domestic violence, dating violence, or stalking to law enforcement or the University in order to access the following resources:

Emergency Contacts:

Local Emergency Services 911
Campus Security (if on campus) ext. 2222
Campus Security (if off campus) 615-476-3061
Executive Director of Facilities and Safety 615-547-1255
Executive Vice President 615-547-1225
Vice President for Academic Affairs 615-547-1311
Vice President for Business and Finance 615-547-1249
Director of Counseling and Disability Services 615-547-1397
Dean of Students 615-547-1387
Director of Residence Life and Greek Affairs 615-547-1231
Wilson County Emergency Management 615-444-8777
Wilson County Mobile Crisis 800-704-2651
Wilson County Health Department 615-444-5325
Poison Control Center 615-322-6435

Important Campus Addresses:

Cumberland University: One Cumberland Square Lebanon, TN 37087
Commons One: 250 South Greenwood St. Lebanon, TN 37087
Commons Two: 350 South Greenwood St. Lebanon, TN 37087
Justin Potter Hall: 216 South Greenwood St. Lebanon, TN 37087
Edward Potter Hall: 298 South Greenwood St. Lebanon, TN 37087
Mary White Hall: 307 McClain Avenue Lebanon, TN 37087
South Hall: 303 McClain Avenue Lebanon, TN 37087

7. Accommodations

Regardless of whether a student or employee reports an incident of sexual assault, domestic violence, dating violence, or stalking to law enforcement or pursues any formal action, if they report such an incident to University authorities, the University is committed to providing them as safe a learning or working environment as possible. Upon request, the University will make any reasonably available change to a survivor’s academic, living, transportation, and working situation. When a reported incident of abuse involves more than one member of the University community, the College’s Title IX Coordinator, Dean of Students, or the University President may also issue an institutional No Contact order, prohibiting the individuals from contacting one another, either on or off campus. Students may contact the Dean of Students’ office (2nd Floor, Room 206, Labry Hall, 615-547-1387) for assistance, and employees may contact the Office of Human Resources (1st Floor, Memorial Hall, 615-547-1225) for assistance.

University authorities will advise survivors of a reported incident of sexual assault, domestic violence, dating violence, or stalking about how to seek a restraining order from a criminal court that directs the accused to refrain from abuse and to leave the survivor’s household, building, school, college, or workplace.

Cumberland University is committed to ensuring that orders of protection issued by courts are fully upheld on all University-owned, used, and controlled property as well as properties immediately adjacent to the University. Therefore, if any member of the Cumberland community obtains an order of protection or restraining order, he or she should promptly inform University authorities and provide University authorities with a copy of that order, so that the University can enforce it. The University is also committed to protecting survivors from any further harm, and if University authorities determine that an individual’s presence on campus poses a danger to one or more members of the University community, said authorities can issue an institutional No Contact or No Trespass Order barring that individual from University property.


8. Survivor Confidentiality

Cumberland University recognizes the sensitive nature of sexual assault, domestic violence, dating violence, and stalking incidents. We are committed to protecting the privacy of individuals who report incidents of abuse, to the extent that doing so is permitted by law and consistent with the University’s need to protect the safety of the community. Different University officials and personnel are able to offer varying levels of privacy protections to survivors.

The University requires all employees, with the exception of licensed mental health counselors who work at CU to share with the University’s Title IX Coordinator information they learn concerning a report of sexual assault, or an incident of domestic or dating violence, or stalking, so that the Title IX Coordinator can investigate the incidents, track trends (including possible multiple reports involving the same assailant) and determine whether steps are needed to ensure the safety of the community. It is the survivor’s choice whether he or she wishes to participate in the investigation; however the University may proceed with an investigation without the survivor’s participation if there is a concern for the safety of other members of the community.

Reports made to Safety and Security will be shared with the Title IX Coordinator in all cases, and may also be made public (maintaining the survivor’s anonymity) and shared with the accused in cases where criminal prosecution is pursued. Reports received by the University concerning the abuse of a minor or juvenile must be reported to state officials in compliance with state law requiring mandatory reporting of child abuse. All members of the University community are required by University policy to report any instances of known child abuse or neglect to Safety and Security, and this unit will in turn report such information to the appropriate state authorities.

Reports and information received by the University’s medical professionals and licensed mental health counselors are considered legally protected or ‘privileged’ under Tennessee law. Thus, those individuals will not share information they learn from survivors with others within the institution (including the University’s Title IX Coordinator) or with any third party except in cases of imminent danger to the victim or third party. Absent such circumstances of imminent danger, the only information that these employees will report to the University concerning incidents is statistical information, which does not identify the survivor, so that the incident can be included in the University’s crime reporting statistics that are reported in the University’s annual Clery Reports. Such crime reporting statistics are also included in a Title IX trend report maintained by the University.

Reports of sexual assault, domestic or dating violence, or stalking, which are shared with the University’s Title IX Coordinator or other University officials, will be treated with the greatest degree of respect and privacy possible while still fulfilling the University’s obligation to investigate and effectively respond to the report. Every effort will be made to limit the scope of information shared to keep it to a minimum of detail, and only when absolutely necessary. It is the survivor’s choice whether to participate in the investigation; however the University may proceed with the investigation without the survivor’s participation if there is a potential threat to other members of the community.

A survivor’s ability to speak in confidence and with confidentiality may be essential to his or her recovery. The University thus expects employees to treat information they learn concerning incidents of reported sexual assault, domestic violence, dating violence, and stalking with as much respect and as much privacy as possible. University employees must share such information only with those College officials who must be informed of the information pursuant to University policy. Failure by a Cumberland University employee to maintain privacy in accordance with University policy will be grounds for discipline.
While federal law requires the University to include certain reported incidents of sexual assault, domestic violence, dating violence, and stalking among its annual campus crime statistics, such information will be reported in a manner that does not permit identification of survivors.

9. Cumberland University Educational Programs

Cumberland University is committed to increasing the awareness of and prevention of violence. The University makes continued efforts to provide students and employees with education programming, and strategies intended to prevent rape, acquaintance rape, sexual assault, domestic violence, dating violence, and stalking before they occur.

To address the issue of sexual assaults, domestic violence, dating violence, and stalking in a college environment, the University offers practical guidance for risk reduction, violence prevention, and bystander intervention.

Personal Safety Workshops – In an effort to educate the University community about safety, the University provides opportunities for all members of the community to learn about safety precautions. Resident Directors, Resident Assistants, and Safety and Security Officers conduct awareness workshops for University community members on a wide variety of subjects including but not limited to alcohol awareness, the definition of consent and sexual assault, and wellness.

New Student Orientation – Undergraduate orientation programs addressing active bystander awareness, support services, medical amnesty, wellness, and personal safety are delivered by members of Student Life and Safety and Security to first year and transfer students.

Safety Escorts – Safety and Security provides safety escorts twenty-four hours a day, seven days a week. This service provides students, faculty, and staff with walking or motor vehicle escort between locations on campus.

Crime Bulletins and Alerts – The University periodically distributes crime bulletins or alerts to inform members of the University community about incidents of crime in the areas surrounding the University that may pose an imminent threat of harm to members of the community. Bulletins and alerts are also circulated at times, not in response to a specific incident, but as general reminders to community members about measures that members of the community can take to enhance personal and property security.

New Employee Orientation – All new employees receive training on Sexual Harassment and Title IX through the several offices and during annual faculty and staff in-service programs. University authorities also provide new employees with information concerning issues of safety and personal awareness on such subjects as emergency preparedness, campus security authorities, and rape aggression defense (RAD) programs.

Residence Hall Programs – These programs are run through the Office of Residence Life and inform students on a wide variety of topics, such as, alcohol awareness, sexual assault, consent, bystander awareness, personal safety, and fire safety.

Bulletin Board Campaigns – The Office of Residence Life and the Office of Student Activities use passive programming strategies in the residence halls to provide information on crime prevention and safety issues related to University students on and off campus.

Rape Aggression Defense (RAD) – University authorities are aware that most sexual assaults are perpetrated by people known by the survivor, and not by strangers. However, many members of the University community have expressed an interest in taking RAD (Rape Aggression Defense) classes, and members of the community who have taken RAD classes in the past have indicated they have found such classes useful. RAD is a nationally recognized program that advocates realistic self-defense tactics. RAD teaches that once a decision is made to resist a violent encounter, the resistance should come in the form of quick, deliberate, and precise defensive movements. Instructors teach students, staff, and faculty who choose to enroll in these free courses offered by the University how to increase personal safety by increasing risk awareness, risk recognition, risk reduction, and risk avoidance.

10. Conduct Proceedings

Cumberland University strictly prohibits all acts of sexual assault, domestic violence, dating violence, and stalking. In addition to facing criminal investigation and prosecution, students, employees, and other affiliates may also face action by the University. When students or employees are accused of having engaged in sexual assault, domestic violence, dating violence, or stalking, the University may, depending on the facts alleged, issue interim safety measures prior to the resolution of the charges. Such interim safety measures might include issuing No Contact orders between the parties, altering an individual’s work or class schedule or a student’s on-campus housing assignment, placing an employee accused of misconduct on administrative leave, or placing a student accused of misconduct on an interim suspension.

The University’s Title IX Coordinator will oversee all investigations of allegations of gender-based violence. Employees who are found responsible for having committed such a violation could face termination of employment, and students who are found responsible for having committed such a violation may face disciplinary probation, deferred suspension, suspension from college housing, dismissal from college housing, suspension from the college, or dismissal from the college. In addition, Cumberland University may issue No Contact Orders and No Trespass Orders to those found responsible.

If a Title IX investigation concludes that evidence exists which suggests a student more likely than not engaged in sexual assault, domestic violence, dating violence, or stalking, the matter will be referred to the Dean of Students’ office (2nd Floor, Room 206 Labry Hall, 615-547-1387) for adjudication pursuant to the Student Code of Conduct. The Office of Human Resources (1st Floor, Memorial Hall, 615-547-1249) will handle any incidents involving employees and University affiliates who are found by the University to have engaged in behavior that violates University policy, including but not limited to sexual assault, domestic violence, dating violence, or stalking.

All conduct proceedings, whether the conduct is reported to have occurred on or off campus, shall provide a prompt, fair, and impartial investigation and resolution. All investigations and proceedings shall be conducted by officials who receive annual training on the nature of the types of cases they are handling, how to conduct an investigation, and how to conduct a proceeding in a manner that protects the safety of survivors and promotes accountability.

The University seeks to investigate and adjudicate any official complaints of sexual abuse, domestic violence, dating violence, or stalking that are filed with the University within sixty (60) days of receipt of that complaint, unless mitigating circumstances require the extension of time frames beyond sixty (60) days. Such circumstances may include the complexity of the allegations, the number of witnesses involved, the availability of the parties or witnesses, the effect of a concurrent criminal investigation, University breaks or vacations that occur during the pendency of an investigation, or other unforeseen circumstances. In these matters the complainant and the respondent shall be notified, provided an explanation, and given information about the amount of additional time required.

In all investigatory and adjudication proceedings conducted by the University concerning charges of sexual misconduct, domestic violence, dating violence, or stalking, including any related meetings or hearings, both the complainant and the respondent will be afforded the same process rights, including equal opportunities to have others present. This includes the right to be accompanied by an advisor of their choice. Both the complainant and respondent will also be afforded an equal opportunity to introduce evidence and identify witnesses.

When a student is accused of any violation of the student conduct code, including but not limited to charges that he or she engaged in sexual assault, domestic or dating violence, or stalking, the charges will be decided using the preponderance of evidence standard, which means that it is more likely than not that the reported misconduct occurred. The Title IX Coordinator and the Dean of Students have discretion to decide whether sufficient evidence warrants referring charges of misconduct against a student to an Administrative/Faculty Hearing Board (a “Board”). If a Board hears such charges and issues a finding of responsibility against a student respondent, the Board may also recommend sanctions to the Dean of Students. However, the Dean of Students or designated University authority retain authority to determine the sanctions that will be issued to any student who has been found responsible for violating the Code of Conduct.

When the Title IX Coordinator completes an investigation and/or when a Board issues a decision, both the complainant and the respondent shall simultaneously be informed in writing within 7 business days of the outcome of the investigative or adjudicative proceeding. Both the complainant and respondent will be given the same procedures and timeframe to appeal the outcome of the proceeding, both parties will receive the same process rights if an appeal is granted, and the parties will both receive timely notice when the outcome becomes final. Disclosure of the outcome shall be made to both parties unconditionally, and each shall be free to share or not share the details with any third parties.



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Performance Evaluation

Performance Metrics:
Compliance with federal mandate
Compliance with standard policy and procedure

Consequences:
Criminal Prosecution
Further training
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Subject Experts

The following may be consulted for additional information.
Dean of Students
VP of Facilities and Infrastructure
Legal Counsel
VP for Business and Finance