Title IX Sexual Violence and Sexual Misconduct Policy

Title IX Sexual Violence and Sexual Misconduct Policy

Abstract:
The purpose of this policy is to foster an environment that respects the dignity of its students, faculty, and staff free from discrimination on the basis of sex.
Effective Date:
11/22/2016
Contacts:
None Assigned
Administrative Category:
Applies To:
Faculty, Staff, Students
Material Original Source:

 

University of Alabama at Birmingham

Title IX Sexual Violence and Sexual Misconduct Policy

November 22, 2016

 

[Edited for contact information changes on November 2, 2018.]

 

 

 

Related Policies
UAB Enterprise Code of Conduct
Equal Opportunity and Discriminatory Harassment Policy
Duty to Report and Non-Retaliation Policy
Student Conduct Code
Policy Concerning Consensual Romantic Relationships
Policy on the Protection of Children on UAB Premises and in UAB-Sponsored Activities
Violence Prevention and Response Policy

Related Procedures
Procedures for the Resolution of Sexual Misconduct Complaints against Faculty, Staff, Affiliates, and Non-Affiliates
Procedures for the Resolution of Sexual Misconduct Complaints against Students

Related Resources
A Guide for Victims of Sexual Assault
Resources for Victims of Sexual Assault, Dating/Domestic Violence, and Stalking
UAB Behavioral Threat Assessment and Management Program

 

 

I. Policy Statement

The University of Alabama at Birmingham (the “University” or “UAB”) is committed to providing an environment that respects the dignity of its students, faculty and staff and is free from sexual misconduct which, among other things identified below, includes gender-based assault, harassment, exploitation, dating and domestic violence, stalking, as well as discrimination based on sex, sexual orientation, gender identity, and gender expression, and related retaliation (collectively referred to as “Prohibited Conduct.”). The University expects individuals who live, work, teach, study within, or visit this community to contribute positively to the environment and refrain from behaviors that threaten the freedom or respect that every member of our community deserves. Individuals who are found to be in violation of this Policy will be subject to corrective action up to and including termination from employment or expulsion from the University. The University will respond promptly and effectively to reports of Prohibited Conduct and will take appropriate action to prevent its occurrence, to correct and address its effects and when necessary, to issue discipline for violations of this Policy.

 

II. Purpose

Violence, including sexual misconduct, is a serious offense, and such actions are subject to any combination of conduct sanctions. Certain conduct prohibited by this Policy may also be a crime under Alabama law or federal law.  Consistent with federal law, including Title IX of the Education Amendments of 1972, which prohibits discrimination based on sex in employment and education programs and activities, the University has developed this comprehensive Policy.

It is the responsibility of every member of the University community to foster an environment free of Prohibited Conduct.  All members of the University community are encouraged to take reasonable and prudent actions to prevent or stop an act of Prohibited Conduct.  The University will support and assist community members who take such actions.  Retaliation against an individual for making a claim of Prohibited Conduct or having participated in the reporting, investigation or resolution of a claim of Prohibited Conduct is also a violation of this Policy and constitutes Prohibited Conduct.

So that the University may continue to foster a climate of respect and security on campus as it relates to preventing and responding to acts of sexual misconduct, this Policy and related procedures have been created and serve to demonstrate the University’s commitment to:

  • Prohibiting the acts of sexual misconduct: sexual harassment, sexual assault, sexual exploitation, and other forms of sex or gender-based discrimination, as well as the acts of stalking, dating violence, and domestic violence;
  • Disseminating clear policies and procedures for responding to acts of sexual misconduct and interpersonal violence reported to or reasonably known to the institution;
  • Delivering primary prevention and awareness programs and ongoing training and education campaigns to students and employees so they may identify what behavior constitutes sexual misconduct and interpersonal violence; understand how to report such misconduct; recognize warning signs of potentially abusive behavior and ways to reduce risks; and learn about safe and positive options for bystander intervention that may be carried out by an individual to prevent harm or intervene when there is a risk of domestic violence, dating violence, sexual assault, or stalking against a person other than such individual;
  • Conducting prompt, fair, equitable and independent investigations;
  • Supporting and providing assistance to both Complainants and Respondents;
  • Holding individuals who violate this Policy accountable; and
  • Providing a written explanation of the rights and options available to every student or employee that has been the victim of domestic violence, dating violence, sexual assault or stalking, regardless of whether the offense occurred on or off campus.

It is the intent of the procedures to accomplish the following:

  • To identify the Title IX Coordinator and Deputy Title IX Coordinators and describe their roles as it relates to Title IX and the Clery Act.
  • To outline how students and employees can report sexual misconduct to the University confidentially or privately and what resources are available both on and off campus to aid them, including employees’ and students’ rights to notify local law enforcement and the right to also decline to notify such authorities.
  • To provide information about how complaints are assessed, investigated, and resolved.
  • To outline the University’s means to take all reasonable steps to identify sex or gender-based harassment, prevent recurrence of any harassment, and to correct its discriminatory effects on the complainant and others, if appropriate.


III.
Scope (To Whom and Where Policy Applies)

This Policy applies to all students, residents, employees, including faculty staff, and post-doctoral, and to others, as appropriate, with respect to activities occurring on University premises or property and University-related activities occurring off-campus, including University programs outside the United States, that substantially effects the University’s community interest.  This Policy also applies to the activities of recognized student organizations, including, but not limited to, fraternities, sororities, social clubs, and organizations.  It also applies to persons conducting business with or visiting the University, even though such persons are not directly affiliated with the University.  Likewise, reports of Prohibited Conduct committed by a University student or employee at a location other than University property may be covered under this Policy. Conduct under this Policy is prohibited regardless of sex, gender identity, gender expression, or sexual orientation. 

This Policy pertains to acts of Prohibited Conduct committed by or against Students, Employees and Third Parties when:
  • the conduct occurs on campus or property owned or controlled by the University;
  • the conduct occurs in the context of a University employment or educational program or activity, including, but not limited to, University-sponsored study abroad, research, on-line, or internship programs; or
  • the conduct occurs outside the context of a University employment or educational program or activity, but has continuing adverse effects on or creates a hostile environment for students, employees or third-parties while on campus or University property owned or controlled by the University or in any employment or education program or activity.

The University recognizes that discrimination and harassment related to a person’s sex can occur in connection with misconduct related to a person’s sexual orientation, gender identity, or gender expression, race, color, ethnicity, national origin, religion, age, disability, or other protected class. This conduct is also a violation of state and federal law and University Policy. Under these circumstances, the University will endeavor to coordinate the investigation and resolution efforts of sexual misconduct complaints with the investigation and resolution of complaints of discrimination or harassment based on other protected classes. Even if the Policy does not apply to the conduct because of its location, the University will take prompt action to provide for the safety and well-being of the Complainant and the broader campus community.

The accompanying Procedures for the Resolution of Sexual Misconduct Complaints against Students (“Student Procedures”), describe the investigation and conduct process that applies when a current undergraduate, graduate, or professional student at UAB (including a student on leave) is accused of sexual misconduct. If a UAB faculty or staff member, or other person doing business with UAB is accused of sexual misconduct, the investigation and conduct processes described in UAB’s Procedures for the Resolution of Sexual Misconduct Complaints against Faculty, Staff, Affiliates, and Non-Affiliates (“Faculty and Staff Procedures”) apply. 


IV. Free Speech and Academic Freedom

The faculty and other academic appointees, staff, and students of the University enjoy free speech protections.This Policy is intended to protect members of the University community from discrimination, not to regulate protected speech. This Policy shall be implemented in a manner that recognizes the importance of rights to freedom of speech and expression.

 

V.        Prohibited Conduct

A.    Sexual Misconduct 

For purposes of this Policy, conduct that is deemed, by a preponderance of the evidence standard (more likely than not), to meet the definitions of any of the types of sexual misconduct identified in the chart below (whether defined by University Policy, or by state or federal criminal laws), is Prohibited Conduct.  In addition, to the extent federal or state criminal laws addressing gender-based conduct that could be deemed Prohibited Conduct are amended, it will be considered a violation of this Policy if an individual engages in such conduct (as proven by a preponderance of the evidence), even if the definitions below have not been updated to reflect the most recent federal or state language. 

Sexual misconduct may occur between people of the same or different gender. Sexual misconduct can include both intentional conduct and conduct that results in negative effects, even if those negative effects were unintended. Sexual misconduct can also include retaliation in connection with a Complainant’s allegations under this Policy.

 

INTIMATE PARTNER VIOLENCE: DATING VIOLENCE

 UAB

Any act of violence or threatened act of violence against a person with whom the individual is or has been involved in a romantic or intimate relationship. This includes threats, assault, property damage, and violence or threat of violence to one’s self or to the family members or pets of the romantic or intimate partner when used as a method of coercion, control, punishment, intimidation, or revenge. Whether there was such relationship will be gauged by its length, type, and frequency of interaction.

FED

 

Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim.

     i.         The existence of such a relationship shall be determined based on the reporting party’s statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.

    ii.         For the purposes of this definition—

A.    Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse.

B.    Dating violence does not include acts covered under the definition of domestic violence.    

34 C.F.R. § 668.46(a)

 AL

 n/a

INTIMATE PARTNER VIOLENCE: DOMESTIC VIOLENCE

 UAB

 See FED definition.

FED

 

      i.         A felony or misdemeanor crime of violence committed—

A.    By a current or former spouse or intimate partner of the victim;

B.    By a person with whom the victim shares a child in common;

C.    By a person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner;

D.    By a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred; or

E.     By any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred. 

34 C.F.R. § 668.46(a)

 AL

First Degree Domestic Violence- Ala. Code § 13A-6-130(a)

A person commits the crime of domestic violence in the first degree if the person commits the crime of assault in the first degree pursuant to Section 13A-6-20 or aggravated stalking pursuant to Section 13A-6-91, and the victim is a current or former spouse, parent, child, any person with whom the defendant has a child in common, a present or former household member, or a person who has or had a dating or engagement relationship with the defendant.

 

Second Degree Domestic Violence - Ala. Code § 13A-6-131(a)

A person commits the crime of domestic violence in the second degree if the person commits the crime of assault in the second degree pursuant to Section 13A-6-21; the crime of intimidating a witness pursuant to Section 13A-10-123; the crime of stalking pursuant to Section 13A-6-90; the crime of burglary in the second or third degree pursuant to Sections 13A-7-6 and 13A-7-7; or the crime of criminal mischief in the first degree pursuant to Section 13A-7-21 and the victim is a current or former spouse, parent, child, any person with whom the defendant has a child in common, a present or former household member, or a person who has or had a dating or engagement relationship with the defendant.

 

Third Degree Domestic Violence - Ala. Code § 13A-6-132(a)

A person commits domestic violence in the third degree if the person commits the crime of assault in the third degree pursuant to Section 13A-6-22; the crime of menacing pursuant to Section 13A-6-23; the crime of reckless endangerment pursuant to Section 13A-6-24; the crime of criminal coercion pursuant to Section 13A-6-25; the crime of harassment pursuant to subsection (a) of Section 13A-11-8; the crime of criminal surveillance pursuant to Section 13A-11-32; the crime of harassing communications pursuant to subsection (b) of Section 13A-11-8; the crime of criminal trespass in the third degree pursuant to Section 13A-7-4; the crime of criminal mischief in the second or third degree pursuant to Sections 13A-7-22 and 13A-7-23; or the crime of arson in the third degree pursuant to Section 13A-7-43; and the victim is a current or former spouse, parent, child, any person with whom the defendant has a child in common, a present or former household member, or a person who has or had a dating or engagement relationship with the defendant.

 

STALKING

 UAB

Course of conduct that may be considered stalking (see FED definition) includes, but is not limited to:

·       Following;

·       Lying in wait;

·       Excess communication, of any type, including any attempts to intentionally and repeatedly make contact with a person over their stated objections for the purposes of harassing or alarming them; or

·       Threats to the individual or threats to the individual’s family, friends, or property.

FED

 

Stalking is:

      i.         Engaging in a course of conduct directed at a specific person that would cause a reasonable person to—

A.    Fear for the person’s safety or the safety of others; or

B.    Suffer substantial emotional distress.

     ii.         For the purposes of this definition—

A.    Course of conduct means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property.

B.    Reasonable person means a reasonable person under similar circumstances and with similar identities to the victim.

C.    Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.

34 C.F.R. § 668.46(a)

 AL

First Degree Stalking - Ala. Code § 13A-6-90(a)

A person who intentionally and repeatedly follows or harasses another person and who makes a threat, either expressed or implied, with the intent to place that person in reasonable fear of death or serious bodily harm is guilty of the crime of stalking in the first degree.

Second Degree Stalking - Ala. Code § 13A-6-90.1(a)

A person who, acting with an improper purpose, intentionally and repeatedly follows, harasses, telephones, or initiates communication, verbally, electronically, or otherwise, with another person, any member of the other person's immediate family, or any third party with whom the other person is acquainted, and causes material harm to the mental or emotional health of the other person, or causes such person to reasonably fear that his or her employment, business, or career is threatened, and the perpetrator was previously informed to cease that conduct is guilty of the crime of stalking in the second degree.

  

SEXUAL ASSAULT OFFENSES -- SEXUAL ASSAULT & SEXUAL EXPLOITATION, FONDLING, INCEST, RAPE & STATUTORY RAPE

SEXUAL ASSAULT/SEXUAL CONTACT/SEXUAL EXPLOITATION

 UAB

Sexual Assault means any sexual act directed against another person, forcibly or against that person's will; or, if not forcibly, where the victim is incapable of giving consent. Sexual assault also includes, but is not limited to, non-consensual sexual intercourse or sexual contact, incest rape, including statutory rape, and sexual exploitation.

Non-consensual sexual intercourse means any sexual intercourse whether anal, oral, or vaginal (or an attempt to commit the same) however slight, with any object, by a person upon another person, and, without that person's consent or by physical force. Intercourse is vaginal penetration by a penis, object, tongue, or finger; anal penetration by a penis, object, tongue, or finger; and oral copulation (mouth to genital contact or genital to mouth contact).

Non-consensual sexual contact means any intentional sexual touching (or an attempt to commit the same), however slight, with any object, by person upon another person, and, without consent or by physical force. Sexual touching is any intentional contact with the breasts, buttocks, groin, or genitals; or touching another with any of these body parts; or making another touch you or themselves with or on any of these body parts; or any intentional bodily contact in a sexual manner not involving these body parts.

Sexual exploitation taking non-consensual or abusive sexual advantage of another for one’s own advantage or benefit or to benefit a person other than the one being exploited. Examples of sexual exploitation include, but are not limited to:

·       Exposing one’s genitals in non-consensual circumstances or inducing someone to expose their genitals;

·       Exceeding the boundaries of explicit consent, such as allowing friends to hide in a closet to be witness to one’s consensual sexual activity;

·       Engaging in voyeurism (Peeping Tom) or facilitating the voyeurism of others;

·       Non-consensual video or audio recording of sexual activity;

·       Prostituting another student; and/or

·       Knowingly transmitting a sexually transmitted disease/infection or HIV to another individual.

FED

 

Sexual Assault is an offense that meets the definition of rape, fondling, incest, or statutory rape (see FED definitions below)

34 C.F.R. § 668.46(a)

AL

 

Alabama law includes definitions of the following in its sexual offenses category: rape, sodomy, sexual misconduct, sexual torture, sexual abuse, indecent exposure, enticing a child to enter vehicle, house, etc. for immoral purposes, sexual abuse of a child less than 12 years old.  Refer to AL definitions below for those.

First Degree Sexual Abuse Ala. Code § 13A-6-66

a.     A person commits the crime of sexual abuse in the first degree if:

1.     He subjects another person to sexual contact by forcible compulsion; or

2.     He subjects another person to sexual contact who is incapable of consent by reason of being physically helpless or mentally incapacitated.

Second Degree Sexual Abuse - Ala. Code § 13A-6-67

a.     A person commits the crime of sexual abuse in the second degree if:

1.     He subjects another person to sexual contact who is incapable of consent by reason of some factor other than being less than 16 years old; or

2.     He, being 19 years old or older, subjects another person to sexual contact who is less than 16 years old, but more than 12 years old.

First Degree Sodomy Ala. Code § 13A-6-63

a.     A person commits the crime of sodomy in the first degree if:

1.     He engages in deviate sexual intercourse with another person by forcible compulsion; or

2.     He engages in deviate sexual intercourse with a person who is incapable of consent by reason of being physically helpless or mentally incapacitated; or

3.     He, being 16 years old or older, engages in deviate sexual intercourse with a person who is less than 12 years old.

Second Degree Sodomy Ala. Code § 13A-6-64

a.     A person commits the crime of sodomy in the second degree if:

1.     He, being 16 years old or older, engages in deviate sexual intercourse with another person less than 16 and more than 12 years old.

2.     He engages in deviate sexual intercourse with a person who is incapable of consent by reason of being mentally defective. 

Sexual Torture Ala. Code § 13A-6-65.1

a.     A person commits the crime of sexual torture:

1.     By penetrating the vagina or anus or mouth of another person with an inanimate object by forcible compulsion with the intent to sexually torture or to sexually abuse.

2.     By penetrating the vagina or anus or mouth of a person who is incapable of consent by reason of physical helplessness or mental incapacity with an inanimate object, with the intent to sexually torture or to sexually abuse.

3.     By penetrating the vagina or anus or mouth of a person who is less than 12 years old with an inanimate object, by a person who is 16 years old or older with the intent to sexually torture or to sexually abuse.

Indecent Exposure - Ala. Code § 13A-6-68

a.     A person commits the crime of indecent exposure if, with intent to arouse or gratify sexual desire of himself or of any person other than his spouse, he exposes his genitals under circumstances in which he knows his conduct is likely to cause affront or alarm in any public place or on the private premises of another or so near thereto as to be seen from such private premises.

Enticing Child to Enter Vehicle, House, Etc. for Immoral Purposes Ala. Code § 13A-6-69

a.     It shall be unlawful for any person with lascivious intent to entice, allure, persuade, or invite, or attempt to entice, allure, persuade, or invite, any child under 16 years of age to enter any vehicle, room, house, office, or other place for the purpose of proposing to such child the performance of an act of sexual intercourse or an act which constitutes the offense of sodomy or for the purpose of proposing the fondling or feeling of the sexual or genital parts of such child or the breast of such child, or for the purpose of committing an aggravated assault on such child, or for the purpose of proposing that such child fondle or feel the sexual or genital parts of such person.

Sexual Abuse of a Child Less than 12 Years Old Ala. Code § 13A-6-69.1

a.     A person commits the crime of sexual abuse of a child less than 12 years old if he or she, being 16 years old or older, subjects another person who is less than 12 years old to sexual contact.

School Employee Having Sexual Contact With a Student Under the Age of 19 Years - Ala. Code § 13A-6-82

a.     A person commits the crime of a school employee having sexual contact with a student under the age of 19 years if he or she is a school employee and engaging in sexual contact with a student, regardless of whether the student is male or female. Consent is not a defense to a charge under this section.

b.     As used in this section, sexual contact means any touching of the sexual or other intimate parts of a student, done for the purpose of gratifying the sexual desire of either party. The term includes soliciting or harassing a student to perform a sex act.

FONDLING

 UAB

 See FED definition

FED

 

The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental incapacity. 34 C.F.R. § 668.46 Appendix A

 ALAL

 n/a

INCEST

 UAB

 See AL & FED definitionsSee AL & FED definitions

AL

 

a.     A person commits incest if he marries or engages in sexual intercourse with a person he knows to be, either legitimately or illegitimately:

1.     His ancestor or descendant by blood or adoption; or

2.     His brother or sister of the whole or half-blood or by adoption; or

3.     His stepchild or stepparent, while the marriage creating the relationship exists; or

4.     His aunt, uncle, nephew or niece of the whole or half-blood.

b.     A person shall not be convicted of incest or of an attempt to commit incest upon the uncorroborated testimony of the person with whom the offense is alleged to have been committed.

Ala. Code § 13A-13-3

FED

 

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

34 C.F.R. § 668.46 Appendix A

RAPE

 UAB

 See FED and AL definitions below.

FED

 

The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim. 

34 C.F.R. § 668.46 Appendix A

 AL

First Degree Rape Ala. Code § 13A-6-61

a.     A person commits the crime of rape in the first degree if:

1.     He or she engages in sexual intercourse with a member of the opposite sex by forcible compulsion; or

2.     He or she engages in sexual intercourse with a member of the opposite sex who is incapable of consent by reason of being physically helpless or mentally incapacitated; or

3.     He or she, being 16 years or older, engages in sexual intercourse with a member of the opposite sex who is less than 12 years old.

Second Degree RapeAla. Code § 13A-6-62

a.     A person commits the crime of rape in the second degree if:

1.     Being 16 years old or older, he or she engages in sexual intercourse with a member of the opposite sex less than 16 and more than 12 years old; provided, however, the actor is at least two years older than the member of the opposite sex.

2.     He or she engages in sexual intercourse with a member of the opposite sex who is incapable of consent by reason of being mentally defective.

STATUTORY RAPE 

 UAB

  See FED and AL definitionsSee FED and AL definitions

FED

 

Sexual intercourse with a person who is under the statutory age of consent.

34 C.F.R. § 668.46 Appendix A

AL

 

 In Alabama, it is illegal for an adult (someone 18 or older) to have sex with a minor (someone younger than 16), even if the sex is consensual.

 See AL definition of consent.See AL definition of consent.

HARASSMENT & SEXUAL HARASSMENT

 UAB

  • SEXUAL HARASSMENT

Sexual Harassment is any unwelcome sexual advance, request for sexual favors, or other unwanted conduct of a sexual nature, whether verbal, non-verbal, graphic, physical, or otherwise, when the conditions outlined in (1) and/or (2), below, are present.

Gender-Based Harassment includes harassment based on gender, sexual orientation, gender identity, or gender expression, which may include acts of aggression, intimidation, or hostility, whether verbal or non-verbal, graphic, physical, or otherwise, even if the acts do not involve conduct of a sexual nature, when the conditions outlined in (1) and/or (2), below, are present.

1.     Submission to or rejection of such conduct is made, either explicitly or implicitly, a term or condition of a person’s employment, academic standing, or participation in any University programs and/or activities or is used as the basis for University decisions affecting the individual (often referred to as “quid pro quo” harassment); or

2.     Such conduct creates a hostile environment.  A “hostile environment” exists when the conduct is sufficiently severe, persistent, or pervasive that it unreasonably interferes with, limits, or deprives an individual from participating in or benefitting from the University’s education or employment programs and/or activities.  Conduct must be deemed severe, persistent, or pervasive from both a subjective and an objective perspective.  In evaluating whether a hostile environment exists, the University will consider the totality of known circumstances, including, but not limited to:

    • The frequency, nature and severity of the conduct;

    • Whether the conduct was physically threatening;

    • The effect of the conduct on the Complainant’s mental or emotional state;

    • Whether the conduct was directed at more than one person;

    • Whether the conduct arose in the context of other discriminatory conduct;

    • Whether the conduct unreasonably interfered with the Complainant’s educational or work performance and/or University programs or activities; and

    • Whether the conduct implicates concerns related to academic freedom or protected speech.

A hostile environment can be created by persistent or pervasive conduct or by a single or isolated incident, if sufficiently severe.  The more severe the conduct, the less need there is to show a repetitive series of incidents to prove a hostile environment, particularly if the conduct is physical.  A single incident of Sexual Assault, for example, may be sufficiently severe to constitute a hostile environment.  In contrast, the perceived offensiveness of a single verbal or written expression, standing alone, is typically not sufficient to constitute a hostile environment. 

See: UAB’s Equal Opportunity and Discriminatory Harassment Policy, UAB’s Guide for Victims of Sexual Assault, and UAB’s Sexual Harassment Guide.

 AL

 n/a

 FED

 n/a

 
 

B.     Retaliation: Retaliation includes threats, intimidation, reprisals, and/or adverse employment or education actions against a person based on their report of Prohibited Conduct or participation in the investigation, report, remedial, or disciplinary process provided for in this Policy.

 

VI.       Other Important Concepts and Relevant Definitions

Consent: Clear, voluntary permission, which cannot be inferred by the absence of verbal or physical resistance.  A lack of consent results from forcible compulsion or incapacity to consent. Forcible compulsion is a physical force or a threat, whether expressed or implied, that places a person in fear of immediate serious physical injury or economic harm to him/herself or a third party.

A person is deemed incapable of providing consent if, at the time of the act, the person:

  • is under the age of 16;
  • suffers from a mental impairment, whether temporary or permanent, which renders them incapable of appraising the nature of his or her conduct (e.g., age, disability, or temporary impairment due to drug or alcohol consumption); or
  • is physically helpless (e.g., unconscious), asleep, or in a state of shock.

Consent can be withdrawn by either party at any point. Consent must be voluntarily given and may not be valid if a person is being subjected to actions or behaviors that elicit emotional or psychological pressure, intimidation, or fear. Consent to engage in one sexual activity, or past agreement to engage in a particular sexual activity, cannot be presumed to constitute consent to engage in a different sexual activity or to engage again in a sexual activity. For purposes of this Policy, the issue is whether the Respondent knew, or should have known, that the activity in question was not consensual. Engaging in sexual activity with a person who you know to be incapacitated, or reasonably should know to be incapacitated, violates this Policy.

Incapacitation: The inability, temporarily or permanently, to give consent because the individual is mentally or physically helpless, asleep, unconscious, or unaware that sexual activity is occurring. With incapacitation, an individual lacks the ability to make informed, rational judgments and cannot consent to sexual activity. Incapacitation may also result from the use of alcohol and/or drugs. The impact of alcohol and other drugs varies from person to person; however, warning signs that a person may be approaching incapacitation or may already be incapacitated include, but not limited to, slurred speech or word confusion, vomiting, stumbling, bloodshot, glassy or unfocused eyes, being disoriented, confusion as to time, place, etc., loss of consciousness, odor of alcohol, combativeness, or emotional volatility.

Evaluating incapacitation requires an assessment of how the consumption of alcohol and/or drugs affects an individual’s:

  • Decision-making ability;
  • Awareness of consequences;
  • Ability to make informed judgments; or
  • Capacity to appreciate the nature and the quality of the act.

Evaluating incapacitation also requires an assessment of whether a Respondent was aware or should have been aware of the Complainant’s incapacitation based on objectively and reasonably apparent indications of impairment when viewed from the perspective of a sober, reasonable person in the Respondent’s position.

With regard to alcohol, there are multiple levels of effect, along a continuum:

  • The lowest level is impairment, which occurs with the ingestion of any alcohol. A synonym for impairment is “under the influence.”
  • The next level of intoxication, also called drunkenness, is similar to the state’s drunk driving limit.
  • Incapacity is a higher level of alcohol consumption.
  • The highest level is overdose, or alcohol blood poisoning, which may lead to coma or death.

Student:  Any person who is admitted, or enrolled at the University of Alabama at Birmingham, and is pursuing undergraduate, graduate, or professional studies, including full-time and part-time status, as well as any person attending classes on campus, online or off campus. A Student is also:

  • Any person who is not officially enrolled for a particular term, but has a continuing relationship with the University.
  • Any person who is admitted and participating in orientation is considered a “student.” 
  • Any person who has completed an academic term and can be reasonably expected to enroll the following term.
  • Any person who attended the University during a previous academic term and who committed an alleged violation of the Code during the time of enrollment.

The term “student organization” or “organization” means any group of students that has complied with the University’s requirements for registration as a student organization.

Complainant: an individual who is reported to be or alleges that they were the victim of an offense that violates this Policy.

Respondent: an individual who has been accused of an offense under this Policy or is reported to have violated this Policy. 

Confidential Employee: (1) Any University employee who is a licensed medical, clinical or mental health professional (e.g. physicians, nurses, physician’s assistants, psychologists, psychiatrists, professional counselors and social workers, and those performing services under their supervision), when acting in that professional role in the provision of services to a patient who is a University student (“health care provider”), and (2) any University employee providing administrative, operational and/or related support for such health care providers in the performance of such services. These resources do not report any information about an incident to the Title IX Coordinator without a victim’s permission.  Off-campus counselors and health care providers will also generally maintain confidentiality and not share information with the University unless the victim requests disclosure and signs a consent or waiver form.  However, these resources may have reporting obligations under state of federal law.  For instance, healthcare providers and certain other individuals are required to notify law enforcement when a victim seeks treatment for injuries related to a violent crime, including sexual assault.  Similarly, all University employees are required to notify law enforcement when they receive a report of sexual abuse of a minor.

Responsible Employee: A University employee who has the authority to address sexual misconduct, who has the duty to report incidents of sexual misconduct, or who as a member of the University the Complainant could reasonably believe such individual has such authority or duty. 

In addition, the following who, in the course of employment, receive a report of Prohibited Conduct from any other person affiliated with the University shall notify the Title IX Coordinator or designee:

  • UAB Police
  • UAB Human Resources and Human Resources Partners
  • Managers and Supervisors, including Deans, Department Chairs, and Directors
  • Faculty
  • Resident Advisers

Preponderance of the Evidence: This standard of evidence means that an investigation or hearing panel must determine whether a complaint of sex discrimination is “more likely than not” to have occurred. This standard applies for all complaints of sex discrimination, including sexual harassment and violence. This is different than the standard used in criminal complaints, which is considered the highest standard of evidence, “beyond a reasonable doubt.”

Title IX Coordinator: University representative charged with ensuring the University’s overall compliance with Title IX and related University Policy.

Deputy Title IX Coordinators: Individuals located in Student Experience (Mary Wallace), Student Conduct (Jonathan Adams), Athletics (Katreshia L. Verrett), Human Resources (Chris Driskill), the Office of Diversity, Equity and Inclusion (Anita Clemon), and UAB Health System (Deborah Grimes) who are trained to assist students and employees in their departments with complaints or concerns about sexual misconduct, and direct them to the resources they need. They report all complaints and concerns to the Title IX Coordinator, and work closely with the Title IX Coordinator in promptly responding to a person’s concerns. The Deputy Coordinators can help with interim measures that a complainant may need during the investigation of a complaint. The Deputy Title IX Coordinators may serve as a designee for the Title IX Coordinator in any case where there is a conflict of interest that would prohibit the Title IX Coordinator from providing fair and impartial oversight.

Title IX Investigator: University official(s) charged with investigating a Title IX complaint.

 

VII.     Reporting Incidents of Violence and Sexual Misconduct

This section provides an overview of the procedures the University uses to respond to reports of Prohibited Conduct.  While the Title IX Coordinator has general responsibility for oversight of the reporting process and investigation of a report, Deputy Coordinators and other departments may be involved and consulted as necessary.

Timeliness and Location of Incident

All individuals, including a Complainant or witness, are encouraged to report Prohibited Conduct regardless of when or where it occurred, as soon as possible to maximize the ability to respond promptly and effectively. The University may also initiate a complaint of Prohibited Conduct. The University does not, however, limit the time frame for reporting. If the Respondent is no longer a student at the time of the report, or if the conduct did not occur on campus, in the context of an education program or activity of the University, or have continuing adverse effects on campus or in an off-campus education program or activity, the University may not be able to fully investigate nor take disciplinary action against the Respondent. In each instance, the University will still provide any fair and reasonable support and resources to a Complainant designed to end the Prohibited Conduct, prevent its recurrence, and address its effects.

A.    How to Make a Report.

Any person may make a report, including anonymously, of Prohibited Conduct to the Title IX Coordinator, Human Resources, or the Office of Diversity, Equity and Inclusion:

                     Title IX Coordinator:

Kasey M. Robinson
Title IX Coordinator
Hill Student Center, Suite 405
1400 University Blvd.
(205) 996-1340
Kaseyr@uab.edu

Deputy Title IX Coordinators:

Student Experience:

Mary Wallace, PhD
Assistant VP for Student Experience
Hill Student Center, Suite 401
1400 University Blvd.
(205) 934-4175
marywall@uab.edu

Student Conduct and Student Outreach:

Jonathan Adams
Director, Student Conduct and Student Outreach

Hill Student Center, Suite 303
1400 University Blvd.
(205) 975-9509
adamsj@uab.edu

Human Resources:  

Chris Driskill
Investigator, HR Employee Relations
Administration Building, Room 215
701 20th Street South
(205) 934-4458
cdriskill@uab.edu

Athletics:

Katreshia L. Verrett
Senior Athletics Director/SWA
UAB Athletics
Bartow Arena, East Tower 310-B
617 13th Street South
(205) 975-6283
kverrett@uab.edu

Office of Diversity, Equity and Inclusion:

Anita Clemon
Assistant Vice President for Institutional Equity
Administration Building, Suite 336
701 20th Street South
(205) 975-8258
aclemon@uab.edu

UAB Health System

Deborah F. Grimes
Chief Diversity Officer
Medical Education Building
1813 6th Avenue South
(205) 975-3334
dgrimes@uab.edu

For the Huntsville and Montgomery Campus, in addition to the above, reports can also be made to:

UAB School of Medicine - Huntsville Regional Medical Campus:

         W. Scott Bence (or his designee)
         Executive Administrator and Assistant Dean
         301 Governors Drive
         Huntsville, AL 35801
         (256) 539-7757
         bencew@uab.edu

UAB School of Medicine - Montgomery Regional Medical Campus

         Ramona Hicks (or her designee)
         Director of Student and Academic Affairs
         2119 E. South Blvd., Suite 304
         Montgomery, AL 36116
         (334) 551-2004
         rhart@uab.edu

Reports can also be made to any Responsible Employee, or to another appropriate office such as Student Affairs or the Office of Provost. Reports shall be sent to the Title IX Coordinator.  If the person to whom a report normally would be made is the Respondent, reports may be made to another Responsible Employee. 

Anonymous reports may be made submitting online at:

With respect to anonymous reports, depending on the level of information available about the incident, the University’s ability to respond to an anonymous report may be limited.

In cases in which the report was made anonymously or by a third party (such as a family member, friend, roommate, adviser, or faculty member), the Title IX Policy will apply in the same manner as if the Complainant had made the initial report. The Title IX Coordinator or designee will make every effort to meet with the Complainant to discuss available options and on-campus and off-campus resources

B.    Emergency/Immediate Assistance

The University encourages all community members affected by sexual misconduct to seek immediate assistance.  Doing so promptly may be important to ensure the person’s physical safety or to obtain medical care or other support.  It may also be necessary to preserve evidence, which can assist the University or law enforcement in responding effectively. Assistance is available from the UAB Police Department (UABPD) 24 hours a day, 7 days a week at (205) 934-3535. The UABPD will investigate every incident reported to them to determine if a crime has been committed.  The UABPD will also inform the University Title IX Coordinator of the incident.  Any criminal investigation by UABPD or other law enforcement agency is independent from any disciplinary investigation undertaken by the Title IX Coordinator under the Title IX Policy. Victims of sexual violence are not required to report to law enforcement in order to receive assistance from or pursue any options provided by UAB.

C.    Amnesty for Students

The University community views the safety of our students as a top priority.  A student who is under the influence of alcohol or drugs at the time of an incident should not be reluctant to seek assistance for that reason. The University will not pursue disciplinary violations against a student (or against a witness) for their improper use of alcohol or drugs (e.g., underage drinking) if the student is making a good faith report of Prohibited Conduct.  The Title IX Coordinator (or designee) may, however, refer a student to substance abuse counseling depending on the circumstances of the individual situation. Thus, for purposes of this Policy, as applied to UAB, individuals who report potential Prohibited Conduct or participate in an investigation of Prohibited Conduct and reveal a potential violation of UAB policy relating to drug or alcohol use may not be sanctioned for such violations. 

D.    Prohibition on Retaliation

It is illegal and a violation of the University’s Title IX Policy to retaliate against a person for filing a complaint of sexual misconduct or for cooperating in a sexual misconduct investigation. Any person who retaliates against a person for reporting sexual misconduct, filing a sexual misconduct complaint, or participating in a sexual misconduct investigation is subject to disciplinary action up to and including expulsion or termination from the University.

E.     Public Awareness Events and IRB Research

Responsible Employees are not required to report information disclosed (a) at public awareness events (e.g. Take Back the Night, protests, survivor speak outs) or (b) during a student’s participation in an Institutional Review Board-approved human subject research protocol (“IRB Research”). The University may provide information about Title IX rights and about available University and community resources and support at Public Awareness Events. Institutional Review Boards may, in appropriate cases, require researchers to provide such information to all subjects of IRB Research.

F.     Reporting of Crimes and Disciplinary Statistics

The University also has certain reporting obligations under the Clery Act, with regard to incidences of sexual misconduct and violence, including issuing timely warnings as necessary.  A copy of the University’s annual Clery report can be found at http://www.uab.edu/police/crime-statistics/annual-security-and-fire-safety-report.

G.    Mandatory Reporting

In addition to reports of sexual misconduct or violence, Alabama law and University policy imposes a mandatory reporting duty of known or suspected child abuse on certain individuals, including all University employees, who must report to the UABPD.  University Policy implementing the law also encourages students, volunteers, and representatives as well as third-party vendors and their employees, representatives, or volunteers that contract for use of University facilities with responsibilities that involve interaction with children) to report (orally and then in written form) known or suspected child abuse to UABPD.  Sexual abuse, which is one element of the more comprehensive term “abuse” under the Alabama law, includes actual or attempted rape, molestation, sexual exploitation, etc.  For child protection purposes, a child is any person under 18 years of age.  A freshman student, a “dual enrolled” high school student, or a summer camp participant, among others, may fall into the category of a “child.”  A more complete statement of the University Child Protection Policy may be found at http://sppublic.ad.uab.edu/policies/content/Pages/UAB-AD-POL-0000706.aspx. 

 

VIII.   Confidentiality and Privacy

The University is committed to protecting the privacy of all individuals involved in the investigation and resolution of a report under this Policy. The University also is committed to providing assistance to help students, employees, third Parties and visitors make informed choices. With respect to any report under this Policy, the University will make reasonable efforts to protect the privacy of participants, in accordance with applicable state and federal law, while balancing the need to gather information to assess the report and to take steps to eliminate Prohibited Conduct, prevent its recurrence, and remedy its effects.

Privacy and confidentiality have distinct meanings under this Policy:

Privacy: Privacy means that information related to a report of Prohibited Conduct will be shared with a limited circle of University Employees who “need to know” in order to assist in the assessment, investigation, and resolution of the report. All Employees who are involved in the University’s response to reports of Prohibited Conduct receive specific training and guidance about sharing and safeguarding private information in accordance with state and federal law.

The privacy of Student education records will be protected in accordance with the Family Educational Rights and Privacy Act (“FERPA”), as outlined in the University’s FERPA Policy. The privacy of an individual’s medical and related records generally is protected by the Health Insurance Portability and Accountability Act (“HIPAA”), excepting health records protected by FERPA.

Confidentiality: Confidentiality exists in the context of laws that protect certain relationships, including with medical and clinical care providers (and those who provide administrative services related to the provision of medical and clinical care), mental health providers, counselors, and ordained clergy, all of whom may engage in confidential communications under Alabama law. The University has designated individuals who have the ability to have privileged communications as “Confidential Employees.” When information is shared by an individual with a Confidential Employee or a community professional with the same legal protections, the Confidential Employee (and/or such community professional) cannot reveal the information to any third party except when an applicable law or a court order requires or permits disclosure of such information. For example, information may be disclosed when: (i) the individual gives written consent for its disclosure; (ii) there is a concern that the individual will likely cause serious physical harm to self or others; or (iii) the information concerns conduct involving suspected abuse or neglect of a minor under the age of 18.

 

IX.       Request of Confidentiality/Requests that Prohibited Conduct Not Be Investigated

If a Complainant wants to inform a Responsible Employee but also wants to maintain confidentiality and/or request that no investigative or disciplinary measures be taken, the Responsible Employee or Title IX Coordinator will advise the Complainant that the University will consider the request but cannot guarantee that the University will be able to honor the request. The University will weigh such a request against the University’s obligation to provide a safe, non-discriminatory environment. There will be times when the University may not able to honor a request in order to comply with this obligation. In determining whether it can honor a request for confidentiality, the following factors will be considered:

  • the nature and scope of the alleged conduct, including whether the reported misconduct involves the use of a weapon;
  • the respective ages and roles of the Complainant and Respondent;
  • the risk posed to any individual or to the campus community by not proceeding, including the risk of additional violence;
  • whether there have been other reports of misconduct by the Respondent;
  • whether the report reveals a pattern of misconduct (e.g., via illicit use of drugs or alcohol) at a given location or by a particular group;
  • the Complainant’s wish to pursue disciplinary action;
  • whether the University possesses other means to obtain relevant evidence;
  • considerations of fundamental fairness and due process with respect to the Respondent should the course of action include disciplinary action against the Respondent; and
  • the University’s obligation to investigate and to provide a safe and non-discriminatory environment.

The presence of one or more of these factors could lead the University to investigate and, if appropriate, pursue disciplinary action. The ultimate decision as to whether the request for confidentiality will be honored will be made by the Title IX Coordinator. If the University determines that it cannot maintain confidentiality, the University will inform the Complainant prior to starting an investigation and will, to the extent possible, only share information with those individuals responsible for the investigatory and disciplinary processes.

If the University honors a request for confidentiality or decision not to participate in an investigation, the University’s ability to meaningfully investigate the incident or pursue conduct action against the Respondent(s) may be limited.

 

X.        Interim Protective Measures and Support

The University provides a range of support services for survivors of sexual misconduct, including interim measures. Interim measures are available to provide for the safety of the Complainant and the campus community while the University is investigating an allegation of sexual misconduct. Requests for interim measures can be made by or on behalf of the Complainant to the University Title IX Coordinator. The Title IX Coordinator will work with the appropriate office(s) to ensure that any necessary interim measures are promptly provided.

The range of Interim Protective Measures includes:

  • Access to counseling services and assistance in setting up initial appointments, both on and off campus
  • Resources on and off campus for trained advocates who can provide crisis response
  • Imposition of a campus “No-Contact Order”
  • Advocacy support to obtain orders of protection within the criminal justice system
  • Rescheduling of exams and assignments
  • Providing alternative course completion options
  • Change in class schedule, including the ability to drop a course without penalty or to transfer sections
  • Change in work schedule or job assignment
  • Change in student’s campus housing
  • Emergency numbers for on and off campus law enforcement, and how the University can assist in notifying law enforcement if desired
  • Assistance from University support staff in completing housing relocation
  • Limiting access to certain University facilities or activities pending resolution of the matter
  • Voluntary leave of absence
  • University and community sexual assault response resources
  • How to seek care for injuries, STI testing, etc.
  • Importance of and explanation of how to preserve evidence in case the behavior is also a potential criminal act
  • Where to get a rape kit/SANE exam
  • Encouragement of prompt reporting of all crimes to the appropriate law enforcement agency, paired with a commitment from UAB that appropriate support will be offered in every case 
  • Providing academic support services, such as tutoring
  • Institutional resources pertaining to visa/immigrant status
  • University-imposed leave, suspension, or separation for the Respondent
  • Any other measure which can be tailored to the involved individuals to achieve the goals of this Policy.

Upon the receipt of a report of sexual misconduct, and until any investigation into the report has been completed, the University will provide reasonable protective measures and interim support to provide a safe educational and work environment and to prevent additional acts of sexual misconduct, even when there is no specific request for protective action.

The University may impose any measure that can be tailored to the parties involved to achieve the goals of this Policy.

An individual’s failure to comply with restrictions imposed by interim measures is a violation of this Policy and a basis for disciplinary action.

 

XI.       Title IX Review  

A. Role of the Title IX Coordinator.

The Title IX Coordinator oversees the University’s centralized review, investigation, and resolution procedures for reports of sexual misconduct and coordinates the University’s compliance with Title IX.

The Title IX Coordinator can be contacted by telephone, e-mail, or in person during regular office hours. The Title IX Coordinator can provide information related to campus and community resources and describe the options available to address concerns related to sexual misconduct.

The duties and responsibilities of the Title IX Coordinator also include training, education, climate assessments, and the oversight of procedures that are designed to promptly and equitably end sexual misconduct, prevent its recurrence, and address its effect on persons and the University community as a whole. The Title IX Coordinator will:

  • Oversee the investigation and resolution of all reports of sexual misconduct;

  • Ensure prompt and equitable resolutions that comply with all requirements and timeframes specified in the University’s complaint procedures;

  • Conduct climate checks to track and monitor sexual misconduct allegations on campus; and,

  • Coordinate all training, education, and prevention efforts.

The Title IX Coordinator will meet with any person, including a complainant, respondent, or third party, to discuss interim measures, resources, and procedural options for on-campus and off-campus reporting. Any student, faculty, or staff member who has concerns about sexual misconduct, including sexual assault, discrimination, or harassment, is encouraged to seek the assistance of the University’s Title IX Coordinator.

The Title IX Coordinator oversees the initial response and assessment of reports of sexual misconduct through the University’s sexual misconduct resolution procedures.

B. Procedures for Responding to Prohibited Conduct.

The specific procedures used for reporting, investigating and resolving Prohibited Conduct will be determined by the status of the respondent’s relationship with the University:

Both processes are guided by the same principles of fairness and respect for all parties. The procedures provide for prompt and equitable response to reports of Prohibited Conduct. Resources are available for both students and employees, whether as complainants or respondents, to provide guidance throughout the investigation and resolution of a sexual misconduct complaint.

In instances where the Respondent is both a student and an employee, the Title IX Coordinator will determine which of the procedures will apply based on facts and circumstances of a particular incident, such as which role predominates and the role most applicable in the incident.

The University’s ability to take appropriate action against a Third-Party will be determined by the nature of the relationship of the Third-Party to the University.  The Title IX Coordinator will determine the appropriate manner of resolution consistent with the University’s commitment to a prompt and equitable process consistent with federal law, federal guidance, and this Policy.


XII.    Imposition of Sanctions

A student, employee, or faculty determined to have engaged in Prohibited Conduct shall be in violation of this Policy.  The specific procedures for imposing discipline depend upon the nature of the Respondent’s relationship to the University.  A student or employee determined by the University to have committed an act of Prohibited Conduct is subject to disciplinary action, up to and including separation from the University.  Third Parties or Guests who violate this Policy may have their relationship with the University terminated and/or their privileges and access to the University’s premises revoked.

 

XIII.   Other Information Related to Reporting Sexual Misconduct

A.    Adviser

Complainants and Respondents may be accompanied by one adviser throughout the investigation and any hearing process. An adviser is a support person who is present to provide support to a complainant or respondent throughout an investigation and/or hearing. An adviser may not speak, write, or otherwise communicate with an investigator, hearing officer or panel on behalf of the Complainant or Respondent. Advisers who do not abide by these guidelines may be excluded from the process.

Consistent with the University’s obligations to promptly resolve sexual misconduct complaints, the University reserves the right to proceed with any meeting or interview, regardless of the availability of the party’s selected adviser.

B.    Conflict of Interest

Any person exercising authority under this Policy who believe they may be unable to exercise that authority impartially in any case shall excuse themselves from the matter and will be replaced with another person.  If the Complainant or Respondent believes a person exercising authority under this Policy has a personal, professional, or financial involvement with the Complainant or Respondent that would prevent the person from exercising their authority impartially, they may make a prompt objection to the Title IX Coordinator.  If the Title IX Coordinator determines that the objection is reasonable, the challenged person will be replaced with another person.  Knowledge of or acquaintance with the Complainant, Respondent or witnesses in a matter, awareness of a matter, participation as a consequence of one’s official role in events surrounding a matter, and/or participation in the investigation process prior to the formal disciplinary process, will not automatically be grounds for disqualification. The decision of the Title IX Coordinator regarding a challenge will be final.

C.    Filing a Criminal Complaint and Coordination with Law Enforcement

The University encourages complainants to pursue criminal action for incidents of sexual misconduct that may also be crimes under Alabama law. In general, the University will notify the UABPD of allegations of sexual violence. The University will also assist a complainant in making a criminal report and will cooperate with law enforcement agencies if a complainant decides to pursue the criminal process to the extent permitted by law.

The filing and processing of a complaint of sexual misconduct is separate from and independent of any criminal investigation or proceeding. The University will not wait for the conclusion of any criminal investigation or proceedings to begin its own investigation although the University may delay temporarily the fact-finding component of the investigation while the police are gathering evidence. Neither law enforcement’s determination as to whether or not to prosecute a respondent nor the outcome of any criminal prosecution is determinative of whether sexual misconduct occurred under the University’s Policy.

D.    False Allegations

The University prohibits an individual from knowingly filing a false complaint or making misrepresentations of sexual misconduct.  A complaint made in good faith is not considered false merely because the evidence does not ultimately support the allegation of sexual misconduct.  If an investigation results in a finding that a person who has accused another of sexual misconduct has acted maliciously or has recklessly made false accusations, the reporting party will be subject to appropriate sanctions.

E.     Preservation of Information and Tangible Material

Preservation of information and tangible materials related to sexual assault is essential for both law enforcement investigators and campus disciplinary investigations.  Therefore, Complainants, Respondents, witnesses, or others reporting possible violations of this Policy are encouraged to preserve all information and tangible material relating to the incident. Examples include electronic information (e.g. e-mails, text messages), photographs, clothing, bedding, and medical information.  In the case of medical information, prompt examination can be critical.

XIV.    Training and Prevention Education Programs

The University engages in comprehensive educational programming to prevent Prohibited Conduct. Educational programming consists of primary prevention and awareness programs for all incoming students and new employees, and ongoing awareness and prevention campaigns for students and faculty that:

  • Identify domestic violence, dating violence, sexual assault and stalking as prohibited conduct;
  • Define what behavior constitutes domestic violence, dating violence, sexual assault, and stalking;
  • Define what behavior and actions constitute consent to sexual activity in the State of Alabama;
  • Provide safe and positive options for bystander intervention that may be carried out by an individual to prevent harm or intervene when there is a risk of domestic violence, dating violence, sexual assault, or stalking against a person other than the bystander;
  • Provide information on risk reduction so that students and employees may recognize warning signs of abusive behavior and how to avoid potential attacks; and
  • Provide an overview of information contained in the Annual Security Report in compliance with the Clery Act.

The University also provides training to students and employees to ensure they understand this Policy and the topics and issues related to maintaining an education and employment environment free from harassment and discrimination. 


XV.      Resources and Options

Below is a link to a listing of available resources and options:

Resources for Victims of Sexual Assault, Dating/Domestic Violence, and Stalking