Title IX

Sexual harassment can occur among peers (e.g., student to student, employee to employee), between persons of unequal power or position (e.g., supervisor to subordinate, faculty to student), or an offense may be committed by the person who appears to have less power (e.g., subordinate to supervisor, student to faculty).

This policy covers Title IX Sexual Harassment that occurs on campus and in university programs and activities at other locations and events within the United States where the university has substantial control over the Respondent and the circumstances in which the alleged conduct occurred.

All members of the campus community have the right to file a report of Title IX Sexual Harassment without fear of retaliation. The Title IX Coordinator is the campus administrator whose role is to ensure university compliance with applicable laws and federal guidance. This includes facilitating the Grievance Process for Title IX Sexual Harassment. Questions about the applicability of this policy or Logan’s compliance with Title IX, can be directed to:

Importantly, behavior that does not rise to the level of Title IX Sexual Harassment may still violate other university standards, including, but not limited to, Conduct Standards and Professional Behavior Standards. For this reason, if the Title IX Coordinator determines that reports of conduct do not meet the definition of Title IX Sexual Harassment as outlined in this policy, the Title IX Coordinator may refer the report to other campus administrators who have responsibility for applicable university policies.

For this policy, Title IX Sexual Harassment is conduct based on sex that meets one or more of the following:

• Hostile Environment: Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the university’s education program or activity.

• Quid Pro Quo Harassment: When a university employee conditions the provision of university aid, benefit, or service on an individual’s participation in unwelcome sexual conduct.

• Clery Act /VAWA Offenses: An occurrence of Sexual Assault, Stalking, Dating Violence, or Domestic Violence as defined by the Jeanne Clery Act and Violence Against Women Act (and defined below).

• 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.

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

• A reasonable person means a person under similar circumstances and with similar identities to the Complainant.

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

• Dating Violence does not include acts covered under the definition of Domestic Violence.

• By a current or former spouse or intimate partner of the Complainant;

• By a person with whom the Complainant shares a child in common;

• By a person who is cohabiting with, or has cohabitated with, the Complainant as a spouse or intimate partner;

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

• By any other person against an adult or youth Complainant 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.

Retaliation is also prohibited by this policy and occurs when a person enacts an adverse action against an individual for making a report of Title IX Sexual Harassment or for testifying or otherwise participating in a Title IX Sexual Harassment Grievance Process. Logan University prohibits behavior that is threatening, intimidating, harassing, or coercive and/or any other conduct that could discourage a reasonable person from engaging in activity protected under this policy. Acts of retaliation may be considered as an independent violation of this policy even when there is no determination of responsibility for Title IX Sexual Harassment.

Complainant refers to an individual who is alleged to be the victim of Title IX Sexual Harassment.

Consent is positive, unambiguous, and voluntary agreement to engage in specific sexual activity throughout a sexual encounter. Consent cannot be inferred from the absence of a "no;" a clear "yes," verbal or otherwise, is necessary. Consent to some sexual acts does not constitute consent to others, nor does past consent to a given act constitute present or future consent. Consent must be ongoing throughout a sexual encounter and can be revoked or withdrawn at any time. Consent cannot be obtained by threat, coercion, or force. Agreement under such circumstances does not constitute consent.

Consent cannot be obtained from someone who is asleep or otherwise mentally or physically incapacitated, whether due to alcohol, drugs, or some other condition. A person is mentally or physically incapacitated when that person lacks the ability to make or act on considered decisions to engage in sexual activity. Engaging in sexual activity with a person whom you know, or reasonably should know, to be incapacitated constitutes sexual misconduct.

Under Missouri State Law:

• Those 13 years old and younger cannot consent to sex with anyone.

• 14-, 15-, and 16-year-olds cannot consent to sex with someone who is more than 4 years older, or who is 21 and older.

• 17-year-olds can consent to sex with anyone 14 years or older.

Respondent refers to an individual who is alleged to be the perpetrator of conduct that could constitute Title IX Sexual Harassment.

The university will keep the identity of any individual who has made a report or complaint of sex discrimination confidential unless otherwise permitted by law or as required to implement this policy, such as through the provision of supportive measures or to conduct the Grievance Process. The identities of respondents or witnesses will similarly be treated confidentially. While the university strives to maintain such information as confidential, it cannot guarantee complete confidentiality.

While the university works to provide confidentiality to those involved in a complaint of sex discrimination, the parties are not prevented from discussing the details of a report or Formal Complaint.

At any point after receiving a report of a potential violation of the Title IX Sexual Harassment policy, the Title IX Coordinator may implement non-disciplinary, non-punitive supportive measures as appropriate, as reasonably available, and without fee or charge to the Complainant or Respondent. Supportive measures are available regardless of whether a Complainant files a Formal Complaint under this policy. Supportive measures are designed to restore or preserve equal access to the university’s educational programs or activities without unreasonably burdening the other party, including measures designed to protect the safety of all parties and/or the university’s educational environment. Depending on the specific nature of the allegation, such supportive measures may include, but are not limited to, implementation of a no-contact order, temporary course/classroom assignment changes, access to counseling services, access to medical services, alteration of work location, alteration of work hours, escorts to class, and access to tutoring and/or other accommodations to provide equitable support.

The Title IX Coordinator is responsible for coordinating the implementation of the supportive measures and has the discretion to implement, rescind, or otherwise modify any supportive measures based on the available information.

Logan University has instituted a Grievance Process to respond when there is a Formal Complaint of Title IX Sexual Harassment. The Grievance Process contained in this policy applies when the Complainant or Respondent is a student of the university. In instances where the Complainant or Respondent is a faculty or staff, the Title IX Coordinator will consult with the Human Resources Department to determine appropriate responses. In instances where both the Complainant and Respondent are faculty or staff members, such allegations will be referred to Human Resources for further investigation and the Grievance Process in this policy shall not apply.

The Grievance Process is initiated by the filing of a Formal Complaint. For purposes of this policy, a Formal Complaint is a document filed by a Complainant or signed by the Title IX Coordinator alleging Title IX Sexual Harassment against a Respondent and requesting that the university investigate the allegations of Title IX Sexual Harassment. A Complainant may file a Formal Complaint by submitting a signed physical document or electronic submission that contains the Complainant’s digital signature or otherwise indicates that the Complainant is the person filing the Formal Complaint.

In instances in which a Complainant chooses not to file a Formal Complaint, the Title IX Coordinator will assess the available information and determine whether to file a Formal Complaint on behalf of the university. In assessing the appropriate university action(s), the Title IX Coordinator will consider the Complainant's express preference(s) in light of the following factors:

• The seriousness, persistence, or pervasiveness of the Prohibited Behavior;

• Whether there have been other reports of Prohibited Behavior against the Respondent;

• The right of the Respondent to receive notice and relevant information at the initiation of any Grievance Process;

• Whether the circumstances suggest there is an increased risk of the Respondent committing additional acts of Prohibited Behavior;

• Whether the Respondent has a history of arrests or prior conduct violations (at the university or elsewhere) indicating a history of violence;

• Whether the Respondent threatened further acts of Prohibited Behavior or other violence against the Complainant or others;

• Whether the Prohibited Behavior was committed by multiple individuals;

• Whether the circumstances suggest there is an increased risk of future acts of Prohibited Behavior under similar circumstances;

• Whether the university possesses other means to obtain relevant information (e.g., security cameras or personnel, physical evidence);

• The Respondent's right to receive information if such information is maintained in an "education record" under the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. §1232g; 34 C.F.R. Part 99;

• The university's obligation to provide a safe and non-discriminatory environment; and

• Other factors deemed relevant in light of the specific circumstances of the allegations of Prohibited Behavior.

If the Title IX Coordinator files a Formal Complaint, the Title IX Coordinator is not a Complainant or Party during the Grievance Process.

The university will respect a Complainant's request for anonymity and their decision not to file a Formal Complaint. A Complainant may access any of the available supportive measures without filing a Formal Complaint. However, there may be circumstances in which the Title IX Coordinator decides to file a Formal Complaint themselves due to the nature of the allegations and information known to the Title IX Coordinator, as outlined above. When the Title IX Coordinator determines that a Formal Complaint should be filed absent a Formal Complaint being filed by the Complainant, the Title IX Coordinator will inform the Complainant of this decision. The Title IX Coordinator will also provide the Complainant with an explanation of the investigation process, including an invitation to participate. However, the university will respect any decision made by the Complainant not to participate in any investigation or Grievance Process. Alternatively, the university may implement other measures to limit the effects of the alleged Title IX Sexual Harassment and prevent its recurrence that do not involve disciplinary action against the Respondent or disclosing the identity of either the Respondent or the Complainant.

Upon receipt of a Formal Complaint, the Title IX Coordinator will conduct an initial review. If the behavior reported by the Complainant, even if the report is true, fails to meet the definition of Title IX Sexual Harassment, then the Title IX Coordinator must dismiss the Formal Complaint.

The Title IX Coordinator must also dismiss the Formal Complaint if the alleged behavior happened outside of the United States or at a location or event outside of Logan’s control as an activity or educational program. The Title IX Coordinator has the discretion to dismiss a Formal Complaint if the Complainant withdraws the complaint or allegations, the Respondent is no longer enrolled or employed by Logan, or if specific circumstances prevent the school from gathering evidence sufficient to reach a determination. Dismissal may happen at any time during the Grievance Process.

Upon dismissal, the Title IX Coordinator will notify both parties in writing, explaining the criteria leading to the dismissal, as well as informing both parties of their right to appeal. In the event the dismissal occurs before the Respondent is initially notified of the filing of the Formal Complaint, the Respondent will not receive notice of the dismissal.

Such a dismissal does not preclude action against a Respondent under another provision of university standards, including, but not limited to, Conduct Standards and Professional Behavior Standards.

The university reserves the right to remove a Respondent from the university’s education program or activity on an emergency basis. Prior to such removal, the university will conduct an individualized safety and risk analysis to determine whether an immediate threat to the physical health or safety of any student or other individual arising from the allegations of Title IX Sexual Harassment justifies removal. In the event of removal under this policy, the university will provide the Respondent with notice and an opportunity to challenge the decision immediately following the removal.

Each party may have an Advisor of their choice present for meetings and proceedings related to the Grievance Process. The Advisor does not have to be a member of the university community and may be an attorney retained by the party at the party’s sole expense. The primary function of the Advisor is to support the party throughout the Grievance Process, including assisting them in understanding the Grievance Process, reviewing the Investigative Report, and providing general support. In addition, the advisor is responsible for cross-examination of the opposing party during the live hearing. Other than conducting cross-examination during the live hearing, the Advisor’s role is limited to being a support person for the party, meaning the Advisor may not actively participate in any other meetings or any other part of the Grievance Process on behalf of the parties.

Any Advisor is expected to demonstrate appropriate behavior and follow rules of decorum at the live hearing as established by the hearing officer.

If a party is unable to choose an Advisor, Logan can appoint a trained Advisor free of charge.

Parties can forego a hearing and pursue informal resolution if both parties voluntarily and without threat or coercion agree to do so. Notice of Allegations, Notice of Rights, and information on confidentiality and withdrawing from the informal resolution must be provided to both parties.

Any facilitator of an informal resolution must have special training in both Title IX adjudication and informal resolution. Logan cannot require parties to undergo informal resolution.

Following the Initial Review, if the Title IX Coordinator determines that the Formal Complaint contains allegations that, if true, could constitute Title IX Sexual Harassment, the Title IX Coordinator or designee will send a Notice of Investigation to the Complainant and to the Respondent. The Notice of Investigation will include:

• Name of Complainant

• Name of Respondent

• Date, time, and location of the alleged incident

• Description of the acts that would constitute Title IX Sexual Harassment

• Policy on false statements and retaliation The investigation presumes that the Respondent is innocent, with no determination of responsibility being made until after the Grievance Process has been completed. Each party will also be informed of their right to have an Advisor of their choice and their right to review evidence. Once both parties have been issued a written Notice of Investigation, the case is assigned to an investigator.

The Title IX Coordinator will assign an impartial investigator, who may be a Logan employee or a third- party investigator. The investigator is not a decision-maker; rather, their responsibility is to collect facts concerning the allegations. Investigators are responsible for collecting facts, without partiality, bias, or conflict of interest. The burden of gathering evidence is not on the Complainant or Respondent. The investigator may interview both parties and witnesses, collect communications (text, emails, social media posts), and/or review video or other records that may be relevant in serving as evidence. To ensure accuracy of statements, interview sessions with parties and witnesses may be recorded, and the resulting statements, including directly related evidence, will be reviewable by each party.

Investigators have discretion to determine what information and witnesses are relevant to the investigation. The investigation will not request or include information that is protected by privilege, such as information shared with an attorney, pastor, or physician. A party protected by privilege may choose to waive their privilege and disclose protected information. If such a waiver of privilege occurs, protected information may be included only if it is determined relevant to the investigation.

The culmination of the investigators’ work is the Investigative Report, which is a document that fairly summarizes relevant evidence to include statements from the Complainant, Respondent, witness(es), and all evidence.

The university will provide both parties an equal opportunity to inspect and review any evidence obtained as part of the investigation that is directly related to the allegations raised in a Formal Complaint, including the evidence upon which the university does not intend to rely in reaching a determination regarding responsibility and inculpatory or exculpatory evidence, whether obtained from a party or other source, so that each party can meaningfully respond to the evidence prior to conclusion of the investigation.

Prior to completion of the Investigative Report, the university will make available to each party and the party’s Advisor, if any, the evidence subject to inspection and review. The parties must have at least 10 calendar days to submit a written response, which the investigator will consider prior to completion of the Investigative Report.

The finalized Investigative Report will be submitted to both parties and must be circulated for a minimum of 10 days prior to a decision or hearing.

Upon completion of the Investigative Report, and barring dismissal, a live hearing will be scheduled. Each party will receive a written Notice of Hearing, informing them of the date, time, location, and purpose of the hearing. The hearing is the opportunity for parties to be heard in front of the decision - makers and/or hearing panel. Equal opportunity will be given to both parties to have access to witnesses and evidence, including inculpatory or exculpatory evidence. Prior to the hearing, each party will have had the opportunity to choose an Advisor.

During the hearing, no party is allowed to personally cross-examine the other party; cross examination is solely the role of Advisors. Cross examination is the opportunity for Advisors to ask questions of parties and for witnesses to challenge the other party’s denials. Cross-examination questions must be relevant, so decision-makers must decide if an asked question is relevant before the party or witness has to answer it. In addition to protected and privileged information being excluded from the investigative report and hearings, questions about the sexual history of parties will not be allowed unless that information proves someone other than the Respondent committed the alleged Title IX Sexual Harassment or it relates to sexual behavior between the parties to demonstrate consent.

If requested, the entire hearing must be held with the parties located in separate rooms, with technology enabling everyone the ability to see and hear each other. Logan may also opt to hold the entire hearing virtually or allow participants to appear virtually. If a party chooses not to appear, or not to answer questions during a hearing, the decision-maker will exclude those statements and evaluate evidence that does not involve those statements. Inferences will not be made about determining responsibility based on the fact that a party or witness did not participate.

Hearings will be recorded and the transcript made available to parties for inspection and review.

The Title IX Coordinator will designate Decision-makers who may be members of the university community or qualified third parties. Depending on the nature of the allegations, the decision-maker(s) may be a panel of up to three (3) Logan faculty and staff trained specifically in Title IX. Decision-maker(s) will be free from conflicts of interest or bias against either party. The Title IX Coordinator and investigator(s) assigned to the case are prohibited from serving in the role of Decision-maker. Each Decision-maker is charged with reviewing the investigative report and all evidence and statements provided by parties and witnesses during the live hearing to determine if there was a violation of Title IX policy.

The Decision-maker(s) will make their determination of responsibility using the preponderance of the evidence standard (i.e., whether the sexual harassment was more likely than not to have occurred).

Once a decision is made, each party will simultaneously be issued a Notice of Determination, which is a written document that includes:

• Identification of each allegation and the corresponding policy violation

• Explanation of procedural steps of the Grievance Process

• Finding of facts that led to the final decision

• Statement and rationale for the determination of responsibility

• Disciplinary sanctions imposed on the Respondent

• Information describing the Appeals process

If the Decision-maker(s) determine that the Respondent is responsible for one or more forms of Title IX Sexual Harassment, the Decision-maker(s) will determine the appropriate sanctions. If a Decision-maker in a specific Grievance Process was a third-party, the Title IX Coordinator will designate a sanctions Decision-maker. A determination of sanctions will be based on the facts and circumstances of each case and will be designed to eliminate Title IX Sexual Harassment and prevent any reoccurrence of such conduct. Logan University may assign the following sanctions:

• Written reprimand or warning

• Mandated counseling assessment

• Campus restrictions or loss of privilege

• Disciplinary probation

• Restitution

• Fines

• Community service

• Notification to outside national organizations or licensing boards

• Educational sanctions

• Parental notification (when appropriate)

• Limitations of university activities and access

• Administrative hold on university account

• Postponement of activity participation and conferring of honors or degrees

• Suspension

• Expulsion In determining the appropriate sanction, the Decision-maker may consider the following factors:

• The nature of the conduct at issue;

• The impact of the conduct on the Complainant;

• The impact of the conduct on the university community;

• Prior misconduct by the Respondent, including the Respondent's relevant prior discipline history, both at the university or elsewhere, and any criminal convictions;

• How the university has previously sanctioned similar conduct;

• Whether the Respondent has accepted responsibility for the conduct;

• Protection of the university community; and

• Any other mitigating, aggravating, or compelling circumstances in order to reach a just and appropriate outcome in each case.

Both parties have the right to appeal a decision made after a dismissal or at the conclusion of the Grievance Process. Parties may appeal by submitting a written notice to the Title IX Coordinator within three (3) business days of receiving a Notice of Dismissal or Notice of Determination. An appeal will be considered if:

• A procedural irregularity or deviation that affected the outcome;

• A member of the Title IX team involved in the case had a conflict of interest that affected the outcome; or

• New evidence has been discovered that was not reasonably available at the time of the dismissal or determination of responsibility that would affect the outcome.

If there is an appeal, both parties will be notified in writing, including the applicable grounds for appeal.

Upon receipt of an appeal, the Title IX Coordinator will designate an Appellate Officer. The Appellate Officer cannot be the Title IX Coordinator, the investigator, or any Decision-maker from the process that is the subject of the appeal.

The Appellate Officer will first review the appeal to determine if the party has stated sufficient grounds for appeal. If not, the appeal will be dismissed.

If the party has stated sufficient grounds for an appeal, both parties will have equal opportunity to submit a written statement supporting or challenging the outcome. The Appellate Officer will also have access to the underlying Grievance Process file and may request any additional information necessary to determine the appeal.

If the Appellate Officer upholds the appeal, the Appellate Officer shall determine what remedy is necessary to correct the error noted in the appeal. Such remedies may include, but are not limited to, remanding to the Decision-maker(s) for consideration of additional evidence and to address any procedural irregularity noted in the appeal.

The Appellate Officer will prepare a written decision stating the rationale for the decision, which will be distributed to the parties simultaneously. The Appellate Officer’s decision is final.