Sexual Harassment Reporting Protocol

Responding to Complaints of Sexual Harassment

After a formal complaint is filed with the University's Title IX Coordinator, the University will:

Offer supportive measures available to the complainant and respondent that are designed to support continued access to an education program or activity without unreasonably burdening the other party.
The University's Sexual Harassment Review Committee (SHRC) will convene to:
- Take steps to protect the complainant, including interim measures such as issuing a "no contact order" or a "no trespass order" as the investigation is ongoing.
- Take steps to prevent or address retaliation, which is prohibited under Title IX and the Standards of Student Conduct.
- Determine if enough evidence exists to warrant additional investigation and subsequent adjudication through the Sexual Harassment Council (SHC).
- Conduct a risk analysis to determine if an accused student poses an immediate threat to the health or safety of a student or other individual. Should the SHRC determine a threat is present, the University is allowed to remove such a student from campus, provided that the student receives notice and an opportunity to respond.
- Determine if the alleged violation of student conduct would constitute a felonious charge through Virginia State Law. If the alleged violation meets this criteria, the University is required to contact the Virginia Beach Commonwealth's Attorney Office. Identifiable information is only shared if an immediate threat to campus is present.

Sexual Harassment Investigation

When the SHRC determines that further investigation is warranted, the University will:

Provide written notice to both parties (complainant and respondent) of the allegations contained within the formal complaint.
Upon receipt of written notice, the complainant and respondent will:
- Receive adequate time to prepare for an initial interview.
- Be assigned or select an advisor of the party's choice.
- Advisors may be present during all interviews to provide support for the complainant or respondent. Advisors may not actively participate in the investigation.
Evidence directly related to the allegations will be presented to the complainant, respondent, and respective advisors with at least 10 days for parties to respond before a response is required. These materials may be sent in electronic format or hard copy upon request.
The complainant shall be afforded the opportunity to discuss the alleged harassment with the DTIX Coordinator(s) to receive advice on hearing procedures, rights in connection with the hearing, and to provide an initial statement.
The respondent shall be afforded the same opportunity to discuss the alleged harassment with the DTIX Coordinator(s).
Additional meetings with the complainant, respondent, and if necessary, witnesses will take place if deemed necessary.
The DTIX Coordinator shall create sufficient copies of an evidence packet containing all submitted information to be considered during the meetings.
Both the complainant and the respondent will be permitted to view the documents (packet), but will not be allowed to retain a photocopy or otherwise record the information it contains.
The complainant and respondent, upon request, will be provided access to view the document within 72 hours prior to the SHB hearing. At this time, they may begin to formulate and submit questions to the SHB Chair for consideration during proceedings. Upon request, both parties will also be provided access to the evidence packet 24 hours prior to the SHB hearing. Questions should be submitted at that time. Advisors for both parties will be allowed to accompany them.

Sexual Harassment Board

Once an investigation is complete and a determination is made by the Title IX/Deputy IX Coordinators that a potential violation has occurred, the Sexual Harassment Board (SHB) will meet.

The SHB shall consist of the Senior Vice President, acting as Chair, and two other non-student voting members.
The SHB shall maintain a pool of individuals representing the faculty and staff who may serve as the two additional members. These individuals shall be appointed annually by the Senior Vice President and will receive annual training on issues related to sexual harassment, the investigative and disciplinary process, and the hearing process.
Any member selected to serve on the SHB must recuse him or herself for any bias or conflict of interest. The complainant and respondent will be notified of the identities of the SHB hearing panelists and may request a change if there is a conflict of interest.
Meetings of the SHB will not be delayed based on the complainant's or respondent's work schedule or the schedule/availability of the mentor(s). The complainant's and respondent's class schedule will be considered when scheduling SHB hearings.
Meetings of the SHB are confidential and shall be closed to the public. Formal rules of process, procedure, and/or technical rules of evidence, such as are applied in a criminal or civil court, are not used in a meeting of the SHB.
In accordance with the Department of Education and Title IX under the jurisdiction of the Office of Civil Rights, decisions made by the SHB shall be based on evidence that is clear and convincing.
There shall be a single verbatim record, typically a digital recording, of the SHB hearing (not including deliberations). Deliberations shall not be recorded. The record shall be the property of the University and maintained securely on the University's server.
If necessary, the Chair of the SHB may order that the proceedings be transcribed in addition to the recording.
The SHB may accept pertinent records, exhibits, results of or pending information regarding police investigations, and written statements (including student impact statements) for consideration. Medical records may also be considered.
All procedural questions are subject to the final decision of the Chair of the SHB.
If requested by the Chair of the SHB, Counseling Services will be present at SHB hearings as observers.
Before adjourning, the SHB will meet privately with Counseling Services to address any issues that may have arisen from the meeting.
After all pertinent information has been reviewed and all relevant questions answered, the SHB shall deliberate in private to determine whether the respondent is responsible for one or more violations of prohibited conduct. If found that a violation occurred, the SHB will determine an appropriate response from the University based on the severity or frequency of violations, including past violations if any, and considering precedent.
The SHB's determination shall be made based on whether it is more likely than not that the respondent engaged in prohibited conduct.

General Procedural Rules of the Sexual Harassment Board

The Chair shall preside over and conduct the hearing and is specifically empowered to:

Ensure the rights and responsibilities of the complainant and respondent are observed.
Control the admission of persons to the hearing. The Chair may order any person who does not conduct him or herself in an orderly and respectful manner to leave.
The complainant shall normally be expected to attend the hearing in person. In cases where a complainant cannot be present due to a compelling reason, the case may be postponed or he/she may participate by telephone, video, or other electronic means. Absence due to graduation, withdrawal, or other separation from the University shall not be a compelling reason sufficient to justify remote participation.
Control the conduct of the SHB members, complainant, respondent, and witnesses to protect them from improper questions, insulting treatment, offensive body language, and unnecessary inquiry into their private affairs.
Exclude witnesses from the hearing room except when they are providing information requested by the SHB.
All members of the SHB must be present throughout the hearing.
If a member of the SHB must leave before the hearing is complete with good cause, the Chair may place the hearing in recess and reconvene within 24 hours.
If a voting member recuses him or herself, the Chair shall select a replacement from the pool of qualified individuals and provide the replacement with a summary of all prior proceedings after consultation with the respondent and complainant.
No person shall address the SHB or submit questions to the Chair for any witness without first being recognized by the Chair.
Cross examination may not be conducted by a party personally. If a student does not have an advisor to conduct the cross examination, the University will appoint an advisor of its choice.
Only relevant cross examination and other questions may be asked of a party or witness as determined by the SHB Chair. The Chair must provide reasoning for exclusion of questions during cross examination.
Cross examination may not include questions about a complainant's sexual behavior or disposition unless evidence of such behavior is offered to establish consent or to demonstrate that another party is responsible for committing the violation.
At the request of either party, the institution must permit cross examination to occur with the parties located in separate rooms.
The University is not allowed to rely on statements made by a party or witness who does not submit to cross examination.
Taking of photographs in the hearing, broadcasting from the hearing, or recording the hearing for non-official use or for later release to the public shall not be permitted.
Failure of individuals to appear at proceedings may render their statements and/or testimony ineligible.

Order of the Hearing

The Chair will ask the members of the SHB, the respondent, the respondent's mentor, the complainant (if applicable), the complainant's mentor, witnesses (if applicable), and others in attendance to introduce themselves.
The Chair reminds all parties that the case will use a clear and convincing standard to determine culpability. Mentors that accompany the complainant and respondent shall not be provided the opportunity to participate in the meeting or otherwise interfere with the proceedings.
The DTIX Coordinator shall present the allegations of harassment to the SHB and facilitate the reading of reports.
The DTIX Coordinator shall present a summary of the alleged harassment based on his/her investigation and call on University community members with reported knowledge of the alleged harassment.
Witnesses, and all others participating in the proceedings, shall provide information under affirmation of the Batten Creed.
The SHB members shall have the opportunity to ask questions of the complainant, respondent, and witnesses. The complainant and respondent may request that the Chair ask a specific question to the other party or a witness.
Evidence submitted by the complainant or respondent will be received at the discretion of the Chair in consultation with the DTIX Coordinators.
Written statements of witnesses who cannot attend the hearing must be submitted in advance of the SHB hearing and may be entered per the discretion of the Chair.
The SHB will recess prior to the conclusion of the hearing to discuss matters in executive session, which may include consulting Counseling Services, Campus Security, the Office of Residence Life, and the DTIX Coordinator(s).
The complainant and respondent shall each be given the opportunity to make a closing statement.
The hearing will adjourn so that the members of the SHB may deliberate in private and determine the University's response.
Upon adjourning, the Chair will schedule a time to meet separately with both the complainant and respondent to deliver the response from the University.
After deliberations are complete, the Chair will draft a letter containing the findings for both the complainant and respondent.
The Chair will meet with both parties in the presence of a Campus Life representative and the student's mentor (if available), and provide information related to the decision of the SHB and information relative to appealing to the Sexual Harassment Committee of Appeals.

Appealing the Decision of the Sexual Harassment Board

When requested by the complainant or respondent, the decisions of the SHB can be reviewed by the Sexual Harassment Committee of Appeals (SHCA):

The complainant and the respondent have five (5) business days following receipt of outcome to appeal the decision of the SHB.
Should an individual wish to appeal beyond five days after receiving notification, he/she should bring the matter to the attention of the Senior Vice President citing reasons for the request. This type of appeal is reserved for special circumstances, such as new information that was not available prior to the expiration of the five-day appeal period.
This appeal must be provided in writing to the Senior Vice President and must be based on one or more of the following: (a) new evidence relevant to the reviewed matter and a reason why it was not available at the time of the hearing, (b) a perceived violation of due process and justification for the claim, (c) unjust sanctions or a lack thereof with an explanation for the reason for such claim.
Should the basis for appeal meet the criteria previously mentioned and be deemed valid by the Title IX Coordinator, the matter will be referred to the SHCA.
The SHCA is comprised of three faculty and staff members, one of whom shall preside as Chair.
The SHCA is not a hearing body but rather a review committee. It will not conduct an additional hearing but will be responsible for reviewing documents, recordings, reports, transcripts, and findings of the SHB for procedural errors.
When necessary, the SHCA may contact members of the SHB to discuss their deliberations and the rationale for their findings.
Upon the completion of the SHCA's review, the Senior Vice President will meet with the respondent or complainant in the presence of a representative from the SHCA and share the findings in writing. Should the original decision of the SHB be amended, both the respondent and complainant will be notified.
Minor procedural errors that the SHCA determines did not affect the outcome of SHB proceedings may be noted, but such errors need not result in a remand to the SHB.

Appeal Transcript Notation

It is the responsibility of the respondent to appeal to the Senior Vice President when and if new information becomes available. The Senior Vice President, in consultation with the Title IX Coordinator, will determine if the new information would have changed the outcome. If this is determined to be the case, using clear and convincing as the standard, the notation will be removed from the transcript.

Complainant and Respondent Rights and Responsibilities in SHB Proceedings

Complainant and respondent shall be afforded the following rights and responsibilities throughout the conduct process:

A hearing conducted in accordance with the policies and practices outlined in the Student Handbook.
A hearing process and outcome based on reliable evidence and testimony, including reasonable inferences drawn from such evidence and testimony and reasonable determinations by the DTIX Coordinator(s), who shall serve as the chief investigator(s).
A copy of the rules and procedures of the University's process for managing instances of alleged Title IX/Sexual Harassment violations.
The services of a mentor of his/her choice. The mentor may be an attorney, parent, friend, counselor, or a member of the faculty or staff.
Mentors may attend the preliminary meetings with Title IX investigators and all other related meetings with the complainant or respondent once the process has commenced.
The role of the mentor is to provide support, guidance, and advice to the complainant or respondent. The complainant and respondent are responsible for presenting their own information; mentors are not permitted to make oral arguments or statements, question witnesses, or raise objections at a SHB hearing. A mentor may request a brief recess to provide advice to the complainant or respondent.
The complainant and respondent should select a mentor whose schedule allows attendance at the scheduled date and time for the SHB hearing, as delays will not normally be allowed due to the scheduling conflicts of a mentor.
To remain silent and to be advised that any statement he/she makes may be used against him/her.
To read the complaint during preliminary meetings and investigative processes.
Seek to have the charge(s) heard and/or the sanctions determined by the SHB in accordance with these procedures.
The DTIX Coordinator shall prepare and deliver a notice of hearing to the complainant and respondent. The date of the SHB hearing shall not be less than five (5) or more than twenty (20) business days from the date of such notice.
The notice of hearing shall include: the names of the complainant(s) and respondent(s); the date, time, and location of the SHB hearing; the alleged violations of prohibited conduct as explained in the Student Handbook; the time, date, and place of the alleged violation (if known); the names of the victim(s); the name and administrative title of the Chair of the SHB; the names and administrative titles of the voting members of the SHB; and the names of witnesses, if known.
To petition that any member of the SHB be removed based on bias or conflict of interest by submitting a written petition to the TIX Coordinator or DTIX Coordinators at least seventy-two (72) hours prior to the scheduled hearing. The TIX or DTIX Coordinators shall respond in writing within forty-eight (48) hours of receipt.
To receive the list of witnesses at least forty-eight (48) hours in advance of the scheduled hearing.
If a witness submits a written statement, the complainant and respondent will be provided an opportunity to review, but not copy, such statement at least seventy-two (72) hours prior to the hearing.
Subject to applicable privacy laws, including FERPA, the complainant and respondent have the right to review all documentary evidence at least seventy-two (72) hours prior to commencement of the hearing.
To attend, with his/her mentor, the entire SHB hearing except for the deliberations of the members of the Board.
To offer relevant evidence and oral testimony of witnesses on his/her behalf at a SHB hearing.
To submit to the DTIX Coordinator a list of questions to be asked of any witness who gives oral testimony at the hearing, at least twenty-four (24) hours prior to the hearing. The Chair shall use reasonable discretion in determining the relevance or appropriateness of any proposed question.
SHB hearings are closed to the public. Admission of any person not directly connected to the hearing shall be at the sole discretion of the Chair.
If the complainant or respondent, without valid excuse or authorization, fails to attend the hearing as scheduled, the SHB may proceed in their absence to adjudicate the matter and, if appropriate, impose sanctions.
To receive written notice of the outcome and sanctions (if applicable) of the SHB hearing, including a brief summary of the rationale. Notices shall be delivered as simultaneously as feasible.
To written notice of any change in the outcome or sanctions imposed.
To preservation of privacy, to the extent possible and allowed by law.
The right not to have irrelevant prior sexual history admitted as evidence.
The right not to have personally identifiable information about the complaint or alleged harassment released to the public without consent, except to the extent applicable law, regulation, or court order requires such disclosure.