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Table of Contents I. Policy Statement II. Purpose III. Relevant Definitions IV. Prohibited Conduct VI. Supportive Measures IX. Confidentiality and Privacy X. Imposition of Sanctions XI. Remedies XII. Resources and Options. Policy Statement. The University expects individuals who live, work, teach, study within, or visit our University 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 violate 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, correct and address its effects, provide Supportive Measures, and, when warranted, issue discipline for violations of this 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 Sex Dating Sprott Alabama such actions. Retaliating against an individual for making a claim of Prohibited Conduct or participating in the reporting, investigation, or resolution of a claim of Prohibited Conduct is also a violation of this Policy and constitutes Prohibited Conduct.
Relevant Definitions. For purposes of this Policy and its related procedures, the Title IX Coordinator and Deputy Title IX Coordinators are the only University officials who have authority to institute corrective measures under this Policy. Confidential Employee: 1 Any University employee who is a d medical, clinical, or mental health professional e. Confidential Employees may not report any information about an incident to the Title IX Coordinator without obtaining written permission to do so by the person who disclosed the information.
Confidential Employees may have reporting obligations under state of federal law. For instance, healthcare providers 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. Preponderance of the Evidence Standard: The standard of proof used to investigate and adjudicate Formal Complaints of Prohibited Conduct. Report of Prohibited Conduct: An allegation made verbally or in writing by any person alleging Prohibited Conduct against a Respondent. The person making a Report of Prohibited Conduct need not be the alleged victim of the Prohibited Conduct.
Reports may be made anonymously as outlined in Section VI of this Policy. Responsible Reporting Officials: Deated employees who are required to notify Title IX Coordinator if, in the course of their employment, they receive a Report of Prohibited Conduct. Responsible Reporting Officials include the following:. Responsible Reporting Officials do not have official authority to receive Formal Complaints of Prohibited Conduct or official authority to take corrective action on behalf of the University under this policy.
Student: Any person who has applied for admission to, been admitted to, or is enrolled at the University, and is pursuing undergraduate, graduate, or professional studies, whether in a full-time or part-time status, as well as any person attending classes on campus, online, or off campus. A student is also:. Supportive Measures: Non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the Complainant or the Respondent before or after the filing of a Formal Complaint of Prohibited Conduct Sex Dating Sprott Alabama where a Report has been made but no Formal Complaint has been filed.
Supportive Measures may include counseling, extensions of deadlines or other course-related adjustments, modifications of work or class scheduled, campus escort services, mutual restrictions on contact between the parties, changes in work or housing locations, leaves of absence, increased security and monitoring of certain areas of the campus and other similar measures. Title IX Coordinator: The University has a deated Title IX Coordinator who oversees the implementation and enforcement of this Policy, including the implementation of Supportive Measures, compliance with applicable rules and regulations, and coordination of communications between campus and Sex Dating Sprott Alabama partners.
The Title IX Coordinator will meet with any person, including a Complainant, Respondent, or third party, to discuss Supportive Measures, available resources, and procedural options for on-campus and off-campus reporting. Any student, faculty, or staff member who has concerns about Prohibited Conduct is encouraged to seek the assistance of the Title IX Coordinator. Sex Dating Sprott Alabama or more investigators may be ased to conduct the investigation. Investigations involving students may include assistance from the Office of Student Conduct.
The University has jurisdiction to address, investigate and adjudicate Reports and Formal Complaints of Prohibited Conduct when the University has control over the Respondent and the conduct occurs in the course of a UAB educational program or activity. This Policy also applies to the activities of University-recognized student organizations, including, but not Sex Dating Sprott Alabama to, fraternities, sororities, social clubs, and organizations including any building owned or controlled by a recognized student organization.
It also applies to persons conducting business with or visiting the University, even though such persons are not directly affiliated with the University. This Policy applies to acts of Prohibited Conduct committed by or against students, employees, and third parties of which the University has Actual Knowledge and when:. Even if this Policy does not apply to the Prohibited Conduct because of its location, the University will provide Supportive Measures and when possible take prompt action to provide for the safety and well-being of the Complainant and the broader campus community.
Under these circumstances, the relevant definitions of conduct outlined in any other applicable, non-Title IX policy will apply to the non-Title IX allegations. Prohibited Conduct. Under this Policy, Prohibited Conduct is defined as conduct that is deemed, by a preponderance of the evidence standard a. Additionally, to the extent that federal or state laws addressing gender-based conduct that could be deemed Prohibited Conduct are created or amended, engaging in such conduct as proven by a preponderance of the evidence shall be considered a violation of this Policy even if the definitions below have not been updated to reflect the most recent additions to or changes in the law.
Reporting Incidents of Prohibited Conduct. This section provides instructions on how, when, and to whom to make a Report or File a Formal Complaint of Prohibited Conduct, as well as matters related to such reports. Procedures for Responding to Prohibited Conduct. This section provides an overview of the procedures the University uses to respond to Reports and Formal Complaints of Prohibited Conduct. Supportive Measures. Supportive measures cannot punish or discipline the Respondent.
Supportive Measures are available to involved parties including Complainant sRespondent sand witnesses while the University is addressing, investigating, adjudicating, and responding to an allegation of Prohibited Conduct. Requests for Supportive Measures should be made to the Title IX Coordinator or a Deputy Title IX Coordinator, who serves as the point of contact for Supportive Measures and will work with the appropriate office s to ensure that any necessary Supportive Measures are provided.
Upon the receipt of a Report of Prohibited Conduct, the University may provide reasonable Supportive Measures as appropriate to provide a safe educational and work environment and to prevent additional acts of Prohibited Conduct, even when there is no specific request for such Supportive Measures. The University may impose any measure that can be tailored to the individuals involved to achieve the goals of this Policy.
If Supportive Measures are not provided, the Title IX Coordinator will document the reasons why such a response was not clearly unreasonable in light of the known circumstances. Confidentiality and Privacy. The University is committed to protecting the privacy of all individuals involved in the investigation and resolution of a Report or Formal Complaint of Prohibited Conduct under this Policy. The University is also committed to providing assistance to help students, employees, third parties, and visitors make informed choices.
With respect to any Report or Formal Complaint of Prohibited Conduct 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 Formal Complaint and take steps to eliminate Prohibited Conduct, prevent its recurrence, and remedy its effects.
Imposition of Sanctions. A student, employee, or faculty determined to have engaged in Prohibited Conduct shall be in violation of this Policy. A student, staff, or faculty member 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. Complainants and Respondents shall be treated equitably, which for a Respondent means following a grievance process before the imposition of any disciplinary sanctions or other actions that are not Supportive Measures.
The remedies provided may be additional or the continuation of the Supportive Measures. Remedies that do not impact the Respondent will not be disclosed to the Respondent unless implementation of the remedy requires notification to the Respondent e. The University engages in comprehensive educational programming to prevent Prohibited Conduct, consisting of primary prevention and awareness programs for all incoming students and new employees, and ongoing awareness and prevention campaigns for students, faculty, and staff that include, but are not limited to the following topics:.
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 sex discrimination, sexual harassment, and sexual violence. Free Speech and Academic Freedom. The University is committed to free and open inquiry and expression for all members of its community. The University is dedicated to the promotion of lively and fearless freedom of debate and deliberation, but also to the protection of that freedom when others attempt to restrict it.
In cases of Prohibited Conduct, the protections of the First Amendment and applicable state law must be considered if issues of speech or expression are involved. Free speech rights apply in the classroom e. In addition, free speech rights apply to the speech of students, faculty and staff. Title IX is intended to protect students and employees from sex discrimination, not to regulate the content of speech.
To establish a violation of Title IX, the harassment Sex Dating Sprott Alabama be sufficiently severe, pervasive, and objectively offensive that it effectively denies a person equal access to participate in or benefit from an education program or activity or employment. Moreover, in regulating the conduct of its students, faculty, and staff to prevent or redress discrimination prohibited by Title IX, great care must be taken not to inhibit open discussion, academic debate, and expression of personal opinions, particularly in the classroom.
Nonetheless, speech or conduct of a harassing, sexual, or hostile nature that occurs in the context of educational instruction may exceed the protections of academic freedom and constitute prohibited harassment if it meets the definition of Prohibited Conduct and 1 is reasonably regarded as non-professorial speech i. This Policy shall be implemented in a manner that recognizes the importance of rights to freedom of speech and expression.
For purposes of the Title IX Sex Discrimination, Sexual Harassment, and Sexual Violence Policy, conduct that is deemed, by a preponderance of the evidence which means more likely than not the alleged conduct occurred to be gender-based and meet the definitions of any of the types of Prohibited Conduct identified in Section V above and in the legal definitions set forth below whether defined federal or by state laws, as amended from time to timeconstitutes a violation of this Policy.
A person whose gender-based conduct violates the federal or state criminal statutes as established by a preponderance of the evidence need not be criminally charged or convicted for their conduct to be deemed a violation of this Policy. Additionally, to the extent that federal or state criminal laws addressing gender-based conduct that could be deemed Prohibited Conduct are created or amended, engaging in such conduct as proven by a preponderance of the evidence shall be considered a violation of this Policy even if the definitions below have not been updated to reflect the most recent additions to or changes in the law.
Violence committed by a person Sex Dating Sprott Alabama is or has been in a social relationship of a romantic or intimate nature with the victim. First Degree Domestic Violence — Ala. 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 or aggravated stalking pursuant to Section 13A, or burglary in the first degree pursuant to Section 13A and the victim is a current or former spouse, parent, step-parent, child, step-child any person with whom the defendant has in common, a present household member, or a person who has or had a dating relationship with the defendant.
Second Degree Domestic Violence — Ala. 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; the crime of intimidating a witness pursuant to Section 13A; the crime of stalking pursuant to Section 13A; the crime of burglary in the second or third degree pursuant to Sections 13A and 13A; or the crime of criminal mischief in the first degree pursuant to Section 13A and the victim is a current or former spouse, parent, child, any person with whom the defendant has 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. 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.
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 ly informed to cease that conduct is guilty of the crime of stalking in the second degree.
Sex offenses are any sexual act directed against another person, without the consent of the Complainant, including instances where the Complainant is incapable of giving consent.Sex Dating Sprott Alabama
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