Retaliation
XIII. Retaliation
Neither the University nor any person may intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by Title IX, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in a Title IX investigation, proceeding, or hearing.
Engaging, encouraging others, or directing others in an adverse action or threat of an adverse action against a Complainant, Respondent, or any individual or group of individuals involved in the complaint, investigation, and/or resolution of an allegation of a violation of University’s Student Code of Conduct, Title IX policy, or other University policy; including any individual who attempts to intervene, prevent, or report behavior prohibited by these policies. Retaliation can be committed by an individual or group of individuals, not just a Complainant or Respondent. Examples of retaliation include, but are not limited to, threats, intimidation, pressuring, continued Sexual Discrimination and/or Harassment, violence, or other forms of harm to others.
Charges against an individual for code of conduct violations that do not involve Sexual Discrimination and/or Harassment, but arise out of the same facts or circumstances as a report or complaint of sex discrimination, or a report or Formal Complaint, for the purpose of interfering with any right or privilege secured by Title IX, constitutes retaliation.
In an effort to prevent retaliation, the University will keep confidential the identity of Complainants, Respondents, and witnesses, except as may be permitted by FERPA, or as required by law, or as necessary to carry out a Title IX proceeding.
The exercise of rights protected under the First Amendment does not constitute retaliation. Charging an individual with a code of conduct violation for making a materially false statement in bad faith does not constitute retaliation (See Section XIV.)
Cumberland faculty, employees, and students are strictly prohibited from retaliating, intimidating, threatening, coercing, or otherwise discriminating against any individual for exercising their rights or responsibilities under any provision of this policy. Retaliation will result in disciplinary measures, up to and including termination or expulsion.