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Name: Policy against Harassment, Sexual Misconduct, Relationship Violence, and Stalking
Responsible Office: Human Resources

Applies to: (examples; Faculty,Staff, Students, etc)

Faculty , Staff , Students , Contractors_Vendors

Policy Overview:

Issued: 04-08-2013
Next Review Date: 07-01-2016
Frequency of Reviews: Annually

This policy covers the College’s policy against harassment, sexual misconduct, relationship violence and stalking as well as support and investigation guidelines.

This policy applies to all faculty, staff, students, and others (guests, contractors and visitors) (herein collectively referred to as “Covered Persons”).


Table of Contents:

1. Policy Against Harassment, Sexual Misconduct, Relationship Violence, and Stalking
1.1 Policy Statement
1.2 Purpose
1.3 Covered Persons

2. Definitions of Prohibited Conduct

3. Harassment
3.1 Sexual Misconduct
3.1.1 Sexual Harassment
3.1.2 Sexual Assault
3.1.2.1 Non-Consensual Sexual Contact
3.1.2.2 Non-Consensual Sexual Intercourse
3.1.3 Sexual Exploitation
3.2 Relationship Violence
3.2.1 Domestic Violence
3.2.2 Dating Violence
3.3 Stalking
3.4 Retaliation

4. Consent and Relationships
4.1 Consent
4.2 Consensual Relationships Between Staff, Faculty and Student

5. Section 504 & Title IX Coordinator/Deputy Coordinator for Students

6. Educational and Prevention Programs

7. Reporting Complaints and Confidentiality
7.1 Options for Reporting
7.1.1 Privileged and Confidential Communications
7.1.2 Reporting to "Responsible Employees"
7.1.3 Anonymous Reporting
7.2 Requesting Confidentiality from the College: How the College Will Weigh the Request and Respond
7.2.1 If the College Determines that it Cannot Maintain a Victim's Confidentiality
7.2.2 If the College Determines that it Can Respect a Victim's Request for Confidentiality
7.2.3 Off-Campus Counselor and Advocates

8. Interim Protective Measures

9. Immediate Assistance for Prohibited Conduct

10. Coordination with Law Enforcement

11. Clery Requirements, Timely Warning and/or Emergency Notification

12. Amnesty for Other Less Serious Policy Violations

13. False Reports

14. Written Explanation of Rights

15. Resources
15.1 Campus and Community Resources
15.2 Advisor in the Process

16. Sanctions/Discipline for Policy Violations

17. Investigating and Adjudicating Complaints
17.1 Complaint or Notice of Complaint
17.2 Step 1: Preliminary Review and/or Conference
17.3 Step 2: Investigation
17.4 Step 3: Formal Conduct Panel/Disciplinary Proceedings
17.5 Step 4: Appeal
17.6 Notice of Outcome and Results

Appendix I: Confidential Resources

Details:

1 Policy against Harassment, Sexual Misconduct, Relationship Violence, and Stalking

1.1 Policy Statement

St. Louis College of Pharmacy (“STLCOP” or “College”) prohibits harassment, sexual misconduct, relationship violence and stalking (as defined below), both on and off campus. It also prohibits direct or indirect “retaliation” (as defined below) against any person filing a complaint or taking part in an investigation under this Policy. The College takes the safety and well-being of its students, faculty and staff seriously and offers many forms of education and support to prevent harassment, sexual misconduct, relationship violence and stalking and to support the College community in the event that sexual misconduct and stalking does occur. 

College personnel and students who violate this policy are subject to the grievance and disciplinary procedures of the College and such civil and criminal laws as may apply. The College will impose sanctions against personnel and students for violations of this policy including, but not limited to, suspension, involuntary separation and referral to appropriate law enforcement authorities.  The College will notify third parties, such as other employers and educational institutions, of violations by outside persons, representatives or students under their control. Additionally, the College will assist victims to file complaints with law enforcement authorities for violations of this policy that involve criminal conduct. The College will take steps to promptly investigate reports of policy violations, to initiate interim measures to protect victims and minimize disruption on campus, to provide a fair and impartial hearing and appeal process, to impose sanctions or discipline reasonably calculated to prevent future violations, and to correct the discriminatory effects of a violation on victims and other members of the College community. 

1.2 Purpose

St. Louis College of Pharmacy’s mission is to be a supportive and enriching environment for growth, advancement and leadership, and prepare our students, residents, faculty, and staff to positively impact patients and society. The College seeks to advance its mission by promoting awareness, reporting and prevention of harassment, sexual misconduct, relationship violence and stalking. Reporting incidents involving harassment, sexual misconduct, relationship violence and stalking is essential to ensuring that all persons receive equal opportunities and the benefits and privileges of working, learning and participating in the programs and benefits offered by the College. Reporting provides the opportunity for effective intervention, support and remediation, and most importantly, to help prevent such incidents from occurring.

This policy and associated procedures are designed to achieve the following goals:

• Cultivate a climate of empowerment and education in which behavioral standards and prohibited conduct are understood by the entire campus community.
• Create an environment that facilitates the prompt reporting of sexual misconduct and stalking offenses through clear and easily understood processes.
• Provide prompt and compassionate support services for claimants (individuals bringing the complaint), respondents (individuals accused of violating this policy), and other parties involved in or affected by an incident.
• Ensure that the College is made aware of incidents that require criminal or other reporting and ensure that such reporting takes place in a prompt and effective manner.
• Provide clear reporting procedures and clear explanations of confidentiality and privacy issues.
• Provide effective investigation, evaluation and adjudication of reports of harassment, sexual misconduct, relationship violence, and stalking guided by principles of fairness while maintaining the College’s obligation to the safety and security of its community.
• Comply with the requirements of the Clery Act, Violence Against Women Act, Title VI, Title VII, Title IX, the Rehabilitation Act of 1973, the Americans with Disabilities Act, and applicable state and federal laws.

1.3 Covered Persons

This policy applies to all faculty, staff, students and others (guests, contractors and visitors) (collectively referred to as “covered persons”).

2 Definitions of Prohibited Conduct

The term “prohibited conduct” for the purposes of this policy shall include any or all of the defined terms listed below.

3 Harassment

St. Louis College of Pharmacy strives to provide an educational environment free from discrimination based on an individual’s membership in a protected group including race, color, religion, national origin, age, sex, gender, gender identity, disability, genetic information, veteran status and sexual orientation. Harassment is a form of discrimination that is strictly prohibited and will not be tolerated. For purposes of this policy, sexual harassment is defined separately.

Harassment is defined to include any unwelcome verbal, written, or physical conduct that is designed to threaten, intimidate or coerce another person, or any unwelcome behavior that due to its severity or persistence, interferes with an individual’s work, education, or living environment.

Harassing behavior can occur in person, by phone, by publication or through the use of electronic means including internet, email or social media.

Examples of behavior that may amount to harassment depending on the severity and persistence include, but are not limited to, the following:

• Using slurs, derogatory or demeaning terms directed at a protected group
• Telling jokes or stories that are derogatory toward members of a particular protected group
• Displaying writings, cartoons, photographs or other derogatory, explicit, suggestive or insulting items directed at a protected group
• Sabotaging, damaging or interfering with the work of anyone because of her or his membership in a particular protected group
• Threatening or intimidating anyone because of her or his membership in a particular protected group

3.1 Sexual Misconduct

The term “sexual misconduct” includes any or all of the following defined terms: sexual harassment, sexual assault, nonconsensual sexual contact, nonconsensual sexual intercourse and sexual exploitation.

3.1.1 Sexual Harassment

Sexual harassment is any unwelcome conduct of a sexual nature. This can include unwelcome sexual advances, requests for sexual favors and other verbal, nonverbal or physical conduct of a sexual nature. Sexual harassment also encompasses nonsexual conduct, provided the behavior is unwelcome, is based on sex or sexual stereotyping, gender or failure to conform to stereotypical notions of masculinity or femininity, and has the effect of interfering with a person’s ability to participate in or benefit from a school program or employment. Sexual harassment can occur between members of the same or opposite sex/gender. Harassment based on an individual’s sex or actual or perceived gender or sexual orientation is sexual harassment.

3.1.2 Sexual Assault

Sexual assault includes nonconsensual sexual contact and nonconsensual intercourse.

3.1.2.1 Non-Consensual Sexual Contact

Nonconsensual sexual contact is defined as any intentional sexual touching, however slight, with any object, by a person upon another person that is without consent and/or by force. Examples include bodily contact with the breasts, groin, genitals, mouth or other bodily orifice of another individual, or other bodily contact in a sexual manner. This contact can be perpetrated by a member of the same or opposite sex.

3.1.2.2 Non-Consensual Sexual Intercourse

Nonconsensual sexual intercourse is any sexual penetration or oral copulation, however slight, by a person upon another person that is without consent and/or by force. Sexual penetration includes vaginal or anal penetration by a penis, tongue, finger or object, or oral copulation by mouth or genital contact or genital to mouth contact.

3.1.3 Sexual Exploitation

Sexual exploitation occurs when a person takes nonconsensual or abusive sexual advantage of another for his/her own advantage or benefit, or to benefit or advantage anyone other than the one being exploited, and that behavior does not otherwise constitute one of the other sexual misconduct offenses. Examples include, but are not limited to, invasion of sexual privacy, prostitution, nonconsensual video or audio taping of sexual activity, going beyond the boundaries of consent (such as allowing others to secretly watch you having consensual sex or distributing sexual photographs without the person’s consent), engaging in voyeurism, knowingly transmitting a sexually transmitted disease or HIV to another person, exposing one’s genitals in nonconsensual circumstances, inducing another to expose their genitals and/or administering alcohol or drugs to another person without his or her knowledge or consent (“date rape” drugs).

3.2 Relationship Violence

St. Louis College of Pharmacy uses the term “relationship violence” to mean domestic violence and dating violence.

3.2.1 Domestic Violence

Domestic violence refers to an act of violence that is a misdemeanor or felony by a current or former spouse, intimate partner, cohabitant or similarly situated person, a person with whom a victim shares a child in common or anyone else protected under domestic or family violence law.

3.2.2 Dating Violence

Dating violence is defined as physical violence or the threat of physical violence by a person who has been in a romantic or intimate relationship with the victim. Whether a relationship exists will depend on the statement of the accusing party as well as the length, type and frequency of interaction. Dating violence includes, but is not limited to, sexual or physical abuse or the threat of abuse.

3.3 Stalking

Stalking is engaging in a course of conduct directed at a specific person that would cause a reasonable person to a) fear for his or her safety or the safety of others or b) suffer substantial emotional distress. Stalking can be perpetrated physically or virtually through the internet or other electronic means.

3.4 Retaliation

It is a violation of policy to retaliate against or intimidate in any way an individual seeking guidance, filing a complaint or taking part in the investigation or any proceeding involving a complaint of prohibited conduct. An individual who retaliates against or intimidates another will be subject to the full range of corrective action, up to and including discharge or expulsion.

4 Consent and Relationships

4.1 Consent

St. Louis College of Pharmacy defines consent to be affirmative consent. This definition provides a higher requirement for consent than some criminal definitions. However, the College believes that this higher standard is appropriate for the personal and professional standards required of all students. Consent to engage in sexual activity must be given knowingly, voluntarily and affirmatively. Consent requires the presence of a yes, not an absence of a no. Consent may not be inferred from silence, passivity, lack of resistance or lack of rejection. Consent is demonstrated through clear, unambiguous words (for example, “Yes”) and clear, unambiguous actions that demonstrate a willingness to engage freely in sexual activity. Sexual contact without consent is a violation of this policy and, in many instances, a crime.

• Each participant is expected to obtain and give consent to each sexual activity and each sexual encounter. Consent to one form of sexual activity does not imply consent to other forms of sexual activity. Consent cannot be inferred from a current or previous dating or sexual relationship. Past consent does not imply future consent.
• Consent may be withdrawn at any time.
• Silence or absence of resistance does not imply consent.
• An individual who is physically incapacitated from alcohol and/or other drug consumption (voluntarily or involuntarily), or is unconscious, unaware, or otherwise physically helpless is considered unable to give consent. For example, a person who is asleep cannot give consent. Some indicators of incapacitation may include, but are not limited to, lack of control over physical movements, being unaware of circumstances or surroundings, or being unable to communicate for any reason. Consent cannot be forced or coerced through duress or deception. An individual physically forced to participate cannot provide consent. When an individual is intimidated, coerced, threatened – even a perceived threat, isolated or confined, consent cannot be granted.
• Consent cannot be obtained from a person who lacks the mental capacity to authorize the sexual conduct and when such mental incapacity is known.
• Consent cannot be obtained from a person who is a minor.
• Consent cannot be inferred from an individual’s attire, physical appearance, or participation in non-sexual social activity (social media, dating, dancing).

4.2 Consensual Relationships between Staff, Faculty and Students

Consensual sexual or romantic relationships among faculty, staff and students often create a conflict of interest and have the potential for adverse consequences including potential for sexual harassment or retaliation. This is especially the case in instances where an asymmetry of power occurs (when one person has an employment or academic supervisory role over another person). A consensual relationship between faculty, staff and students where there is any instructional or administrative relationship is strongly discouraged. Any employee involved in or who commences a consensual relationship with someone over whom he or she has supervisory power (employment or academic) must disclose the existence of the relationship to Human Resources (employment) or the appropriate dean (academic).

5 Section 504 & Title IX Coordinator/Deputy Coordinator for Students

Pursuant to College policy, Section 504 of the Rehabilitation Act of 1973, and Title IX of the Higher Education Amendments of 1972, the College has designated a Section 504 & Title IX coordinator to implement and coordinate this policy. Additionally, the College has designated a deputy Section 504 & Title IX coordinator for students (“deputy coordinator for students”) who reports to and assists the Section 504 & Title IX Coordinator to effectively administer this policy for students. If you have questions about the policy, if you believe that you are being harassed or retaliated against in violation of the Retaliation section of this policy, or if you observe someone else being subjected to such conduct, you can report the conduct to the Section 504 & Title IX coordinator. Complaints against students can also be reported to the deputy coordinator for students. The Section 504 & Title IX coordinator or the deputy coordinator for students will oversee the complaint process to enable the College to best assess, respond and investigate complaints to eliminate events, prevent their recurrence and address the effects on the complainant and others. Additionally, the Section 504 & Title IX Coordinator is responsible for coordination and oversight of the administration of this policy including processing and investigation of complaints, disciplinary proceedings and sanctions, reporting, education and awareness of prohibited conduct and this policy, training of personnel, and conducting an annual review of the effectiveness of the College’s prohibited conduct programs.

Contact information for the Section 504 & Title IX coordinator and deputy coordinator for students is listed below:

Section 504 & Title IX Coordinator
Daniel Bauer, PHR
Director, Human Resources
314-446-8308
Jones Hall, Room 1309
Daniel.bauer@stlcop.edu

Deputy Section 504 & Title IX Coordinator for Students
Rebecca Jones
Director, Academic Support Services
Student Success Center, Room 2124
314-446-8352
Rebecca.Jones@stlcop.edu

6 Educational and Prevention Programs

St. Louis College of Pharmacy engages in comprehensive educational programming to prevent incidents of prohibited conduct. Educational programming consists of primary prevention and awareness programs for all incoming students and new employees as well as ongoing awareness and prevention campaigns for students and faculty that identify and define prohibited conduct, identify and define consent, provide safe and positive options for bystander intervention, provide risk reduction information, and provide information regarding the Clery Act and the Annual Security Report.

The College has developed an annual educational campaign consisting of several media to reach the intended audiences including presentations and distribution of educational materials to new students, presentations during new employee orientation and annual policy updates for faculty and staff, continuing speaker series, awareness weeks and web-based training for faculty, staff and students throughout the school year.

The College recognizes that at times many community members may put themselves in dangerous or risky situations and encourages all community members to offer help and assistance to others in need by taking reasonable and prudent actions to prevent or stop an act of prohibited conduct from occurring.

7 Reporting Complaints and Confidentiality

The College has initiated a complaint procedure designed to encourage any faculty, staff, student or visitor to report any instance of Prohibited Conduct. A complainant does not have to decide whether or not to request criminal reporting, or pursue College conduct processes, to make a complaint.

The College encourages victims of prohibited conduct to talk to somebody about what happened – so they can get the support they need, and so the College can respond appropriately. Different employees on campus have different abilities to maintain a complainant’s confidentiality.

7.1 Options for Reporting:

Professional, licensed counselors and pastoral counselors who provide mental-health counseling to members of the College community (including those who act in that role under the supervision of a licensed counselor) are generally not required to report any information about an incident to College personnel without a victim’s permission.

Counselors in the Student Counseling Center are examples of professional counselors. For more information about counseling services contact the Counseling Center at 314.446.8138 or counselingcenter@stlcop.edu. STLCOP currently does not have any pastoral counselors.

7.1.1 Reporting to “Responsible Employees”

A “responsible employee” is a College employee who has the authority to redress prohibited conduct, who has the duty to report incidents of prohibited conduct or other student misconduct (see Section 10 titled “Clery Requirements, Timely Warning and/or Emergency Notification”), or who a student could reasonably believe has this authority or duty (i.e. coaches, athletic directors, residence assistants, residence life staff, student activities staff, advisors to student organizations, faculty, administrators). The College has designated all employees other than those employed as a professional counselor as a responsible employee under this policy. A report to a responsible employee is considered a report to the College.

When a victim tells a responsible employee about an incident of prohibited conduct the College will take immediate and appropriate steps to investigate what happened and to resolve the matter promptly and equitably.

A responsible employee must report to the Section 504 & Title IX coordinator/deputy coordinator for students all relevant details about the alleged prohibited conduct shared by the victim and that the College will need to determine what happened – including the names of the victim and alleged perpetrator(s), any witnesses, and any other relevant facts, including the date, time and specific location of the alleged incident.

To the extent possible, information reported to a responsible employee will be shared only with people responsible for handling the College’s response to the report except for instances of mandated reporting in Missouri, such as professionals reporting suspected child abuse or neglect.

Before a victim reveals any information to a responsible employee, the employee should ensure that the victim understands the employee’s reporting obligations and, if the victim wants to maintain confidentiality, direct the victim to confidential resources.

If the victim wants to tell the responsible employee what happened but also maintain confidentiality, the employee should tell the victim that the College will consider the request, but cannot guarantee that the College will be able to honor it. In reporting the details of the incident to the Section 504 & Title IX coordinator/deputy coordinator for students, the responsible employee will also inform them of the victim’s request for confidentiality.

Responsible employees will not pressure a victim to request confidentiality, but will honor and support the victim’s wishes, including for the College to fully investigate an incident. By the same token, responsible employees will not pressure a victim to make a full report if the victim is not ready to do so.

All faculty and staff, whether they are full-time or part-time, are responsible for supporting and assisting in the administration of this policy. Security Services staff and any employee, with the exception of a professional counselor, is required to immediately contact the Section 504 & Title IX coordinator/deputy coordinator for students if prohibited conduct is reported to them or they become aware of information indicating that such conduct has occurred.

7.1.2 Anonymous Reporting

The College encourages victims to talk to someone. Currently the College does not provide an online form for anonymous reporting, but a person may contact security at 314.446.SAFE (7233) or security@stlcop.edu 24 hours a day, seven days a week.

7.2 Requesting Confidentiality From the College: How the College Will Weigh the Request and Respond

If a complainant discloses an incident to a responsible employee but wishes to maintain confidentiality or requests that no investigation into a particular incident be conducted or disciplinary action taken, the College must weigh that request against the College’s obligation to provide a safe, non-discriminatory environment for all students, faculty, staff and visitors, including the victim.

If the College honors the request for confidentiality, a victim must understand that the College’s ability to meaningfully investigate the incident and pursue disciplinary action against the alleged perpetrator(s) may be limited.

Although rare, there are times when the College may not be able to honor a victim’s request in order to provide a safe environment for all students, faculty, staff and visitors.

The College has designated the following individual(s) to evaluate requests for confidentiality once a responsible employee is on notice of an incident of alleged prohibited conduct:

• Section 504 & Title IX Coordinator
• Deputy Coordinator for Students
• Title IX Investigators

When weighing a victim’s request for confidentiality or that no investigation or discipline be pursued, the Title IX coordinator/deputy coordinator for students and appropriate College officials will consider a range of factors, including the following:

• The legal obligations of the College
• The increased risk that the alleged perpetrator will commit additional acts of Prohibited Conduct or other violence, such as:

o Whether there have been other complaints about the same alleged perpetrator
o Whether the alleged perpetrator has a history of arrests or records from a prior institution indicating a history of violence
o Whether the alleged perpetrator threatened further Prohibited Conduct or other violence against the victim or others
o Whether the Prohibited Conduct was committed by multiple perpetrators

• Whether the Prohibited Conduct was perpetrated with a weapon
• Whether the victim is a minor
• Whether the College possesses other means to obtain relevant evidence of the incident (e.g., security cameras or personnel, physical evidence
• Whether the victim’s report reveals a pattern (e.g., illicit use of drugs or alcohol) at a given location or by a particular group

The presence of one or more of these factors could lead the College to investigate and, if appropriate, pursue disciplinary action. If none of these factors is present, the College will likely respect the victim’s request for confidentiality.

Even if the request for confidentiality is granted the College may take steps to limit the effects of the alleged misconduct and prevent its recurrence without initiating a formal action against the alleged perpetrator or revealing the identity of the student. This may include increased monitoring, security or additional training or communication efforts for students or employees.

7.2.1 If the College Determines That it Cannot Maintain A Victim’s Confidentiality

The College will inform the victim prior to starting an investigation and will, to the extent possible, only share information with people responsible for handling the College’s response.

The College will remain ever mindful of the victim’s well-being, and will take ongoing steps to protect the victim from retaliation or harm and work with the victim to create a safety plan. Retaliation against the victim, whether by students or College employees, will not be tolerated.

The College will also:

• Assist the victim in accessing other available victim advocacy, academic support, counseling, disability, health or mental health services, visa and immigration assistance, and legal assistance both on and off campus (see portion of policy identifying these)
• Provide other security and support, which could include issuing a no-contact order, helping arrange a change of living or working arrangements or course schedules (including for the alleged perpetrator pending the outcome of an investigation) or adjustments for assignments or tests
• Inform the victim of the right to report a crime to local law enforcement and provide the victim with assistance if the victim wishes to do so

The College may not require a victim to participate in any investigation or disciplinary proceeding.

Because the College is under a continuing obligation to address the issue of prohibited conduct campus-wide, reports of prohibited conduct (including non-identifying reports) will also prompt the College to consider broader remedial action such as increased monitoring, supervision or security at locations where the reported prohibited conduct occurred, increasing education and prevention efforts including to targeted groups, conducting climate assessments/victimization surveys, and/or revisiting its policies and practices.

7.2.2 If the College Determines That it Can Respect A Victim’s Request for Confidentiality

If the College determines that it can respect a victim’s request for confidentiality, the College will also take immediate action as necessary to protect and assist the victim.

7.2.3 Off-Campus Counselors and Advocates

Off-campus counselors, advocates and health care providers will also generally maintain confidentiality and not share information with the College unless the victim requests the disclosure and signs a consent or waiver form. Confidentiality is maintained as long as it is within the limits of the law (i.e. no harm to self, others, and no current abuse of a child or other vulnerable persons).

8 Interim Protective Measures

Upon receipt of a report, the complainant or respondent may request or the College may impose reasonable and appropriate interim measures to ensure the safety of all parties, the College community, and/or the integrity of the process. Interim protective measures will be considered by the Section 504 & Title IX coordinator/deputy coordinator for students and appropriate administrators (Security Services, Culture and Campus Life for students, Human Resources for staff, and appropriate dean for faculty).

Potential interim measures include:

• A College “no contact” order
• Access to counseling services and assistance in setting up the initial appointment.
• Rescheduling of exams and assignments
• Change in class schedule or transferring section including late withdrawal from a class without penalty
• A change in work schedule or job assignment
• Change in Residence Hall assignment
• Providing an escort to ensure safe movement between classes and activities
• Academic support such as tutoring
• Leave of absence
• Assistance with filing an order of protection with the St. Louis City Circuit Court (Civil Courts Building, 9th Floor, Adult Abuse Office, 10 N. Tucker, St. Louis, MO) or other appropriate jurisdiction.

9 Immediate Assistance for Prohibited Conduct

If you are a victim of sexual misconduct, relationship violence or stalking, or any incident of prohibited conduct involving violence or a threat of violence please contact the Office of Public Safety immediately by calling 314.446.SAFE (7233) and/or the St. Louis Metropolitan Police Department at 314.444.5385. All other incidents of prohibited conduct should be reported to the Section 504 & Title IX coordinator or deputy coordinator for students.

Upon receipt of a report of sexual misconduct, relationship violence, stalking or any incident of prohibited conduct involving a threat or act of violence the College’s priority response is to address the safety of the victim.  If the victim is uncomfortable contacting the Office of Public Safety or the St. Louis Metropolitan Police Department, he/she can notify a staff member of Culture and Campus Life, Residential Life or Counseling Center for assistance. These College personnel will assist the victim in notifying the appropriate law enforcement authorities upon request.  Students, faculty or staff who are victims of prohibited conduct will receive information regarding counseling opportunities on and off campus. Students can contact the Counseling Center at 314.446.8338 for further information. Faculty and staff can contact the Employee Assistance Program H&H Health Services at 314.845.8302 or 800.832.8302.

A victim should report the incident to Office of Public Safety and/or St. Louis Metropolitan Police Department, even if the victim does not want to press charges. This will allow the authorities to gather important evidence should the victim later change his/her mind. The victim may choose to pursue the investigation through the criminal justice system and/or the College conduct/discipline system.

The Office of Public Safety will help the victim get to a safe place and assist the person in seeking immediate medical treatment. Sexual assault victims will be instructed on getting medical treatment in order to preserve potential evidence by completing a Sexual Assault Forensic Examination (SAFE). There is no cost for the exam. Sexual assault victims should make every effort to save anything that might contain the perpetrator’s DNA, therefore a victim should not bathe or shower, use the restroom, change clothes, comb hair, clean up the crime scene or move anything that may have been touched.

Even if the victim has not yet decided to report the crime, receiving a forensic medical exam and keeping the evidence safe from damage will improve the chances that the police can access and test the stored evidence at a later date. A victim does not have to give his/her name to receive the exam.

A victim may also want to keep a journal to record detailed information about the incident.

10 Coordination with Law Enforcement

St. Louis College of Pharmacy encourages victims to pursue criminal action for incidents of prohibited conduct that may also be crimes under Missouri or federal law. The College will also assist victims in making a criminal report and will cooperate with law enforcement agencies to pursue the criminal process to the extent permitted by law.

The College’s policies, definitions and burden of proof may differ from Missouri and federal law. A complainant may seek resolution through the College’s complaint process, may pursue criminal action, may choose one but not the other, or may choose both. Law enforcement’s determination whether or not to prosecute, or the outcome of any criminal prosecution, are not determinative of whether a violation of the College’s policies has occurred. The College will not wait for the conclusion of a criminal investigation or proceeding to investigate and process a complaint of prohibited conduct.

11 Clery Requirements, Timely Warning and/or Emergency Notification

Certain campus officials, known as campus security authorities (CSAs), have a duty under the Clery Act to compile and publish an annual report reflecting statistical information regarding forcible sex offenses (rape, sodomy, sexual assault with an object, fondling), non-forcible sex offenses (incest, statutory rape), dating violence, domestic violence, and stalking, as defined by this policy and applicable federal law. All personally identifiable information is kept confidential, but statistical information must be passed along to campus security regarding the type of incident and its general location (on or off-campus, in the surrounding area, but no addresses are given) for publication in the College’s Annual Security Report. The information to be shared includes the date, the location of the incident (using Clery location categories) and the Clery crime category. The Office of Public Safety must record this same information in a campus crime log which is available for public inspection. College administrators must issue immediate timely warnings for incidents reported to them that are confirmed to pose a substantial threat of bodily harm or danger to members of the campus community. The College will make every effort to ensure that a victim’s name and other identifying information is not disclosed, while still providing enough information for community members to make safety decisions in light of the danger.

12 Amnesty for Other Less Serious Policy Violations

St. Louis College of Pharmacy believes violations of this policy to be very serious offenses. The College will generally offer any student, whether the complainant or a third party, who reports violations of this policy limited immunity from being charged for policy violations related to alcohol use and/or drug use, provided that such violation(s) did not and do not place the health and safety of any person at risk. The College may choose, however, to pursue educational interventions with those individuals.

13 False Reports

Due to the seriousness of these matters an individual who knowingly alleges a false claim against another will be subject to the full range of corrective action, up to and including termination or expulsion.

14 Written Explanation of Rights

Regardless of whether a victim elects to pursue a criminal complaint or pursue a College investigation, the College will assist victims of prohibited conduct by providing them with a written explanation of rights. Should an alleged perpetrator be named as respondent and a claim is investigated, the respondent will also receive a written explanation of rights.

15 Resources

15.1 Campus and Community Resources

A number of campus and community resources are available to assist parties with Prohibited Conduct issues. A list of resources will be provided to a complainant upon receipt of a complaint. A list is also included as Appendix I to this policy.

15.2 Advisor in the Process

All of the individuals involved have the right to be assisted by an advisor provided by the College during the investigation and student conduct/employee disciplinary process. Parties have the right to consult a private attorney, at their own expense, regarding a complaint. Legal counsel may not participate in College conduct or disciplinary hearings, but may observe.

16 Sanctions/Discipline for Policy Violations

The responsible administrator will determine the appropriate sanction or disciplinary action based on the seriousness of the violations, the respective ages and positions of the complainant and the respondent, and whether there have been other complaints against the respondent. Note that while investigation records are private, sanctions become part of student records or personnel files.

• Faculty and staff discipline will be determined based on established guidelines in the Faculty Staff Handbook and Faculty Bylaws. Disciplinary action for offenses could include mandated counseling, written warning, suspension and/or termination.
• Student sanctions will be determined based on established guidelines in the Code of Student Conduct. Disciplinary action for offenses may include, but are not limited to, formal warning, non-academic disciplinary probation, mandated counseling assessment, denial of the right to hold an office in a student organization or to participate in College-sponsored extracurricular activities, campus restrictions and/or other educational sanctions and non-academic suspension or dismissal from the College.
• If the offender is neither a student nor faculty or staff member and thus not subject to the College’s direct control, the College will take such measures as it deems appropriate to remedy the matter. This may include barring the offender from College property and filing a complaint with an employer, professional association or law enforcement authorities.

17 Investigating and Adjudicating Complaints

The College’s investigation policy provides a prompt, fair and impartial investigation and resolution process where the complainant and respondent are entitled to have the same opportunities to due process. The College approaches these investigations impartially and seeks to determine the facts and weighs those facts and evidence against the appropriate standards of evidence to determine violations of policy.

• Individuals investigating complaints will receive annual training on issues related to Prohibited Conduct as defined in the harassment, sexual misconduct, relationship violence and stalking Policy. This training includes instruction on how to conduct an investigation and adjudication process that protects the rights of the complainant and respondent and promotes accountability.
• Both the complainant and the respondent have the opportunity to be advised as described in the resources section of this policy.
• Appropriate College officials, the complainant and the respondent will be provided timely and equal access to any information that will be used during informal and formal disciplinary meetings and hearings subject to the privacy requirements under the Family Educational Rights and Privacy Act (“FERPA”).
• The complainant and respondent will be notified simultaneously in writing of the results of any disciplinary proceedings, as well as any changes to those results or sanctions/disciplinary actions prior to the time that such results become final. This shall include the rationale for the result and the sanctions consistent with Section 17.6, Notice of Outcome and Results.
• The complainant and the respondent each have the right to appeal the results of any disciplinary hearing/determination and will be notified simultaneously in writing of the final outcome after the appeal is resolved.
• The College may extend the timeframes provided in this policy for good cause with written notice to the complainant and respondent of the delay and the reason for the delay.

Human Resources is responsible for overseeing disciplinary proceedings involving staff members. The appropriate dean is responsible for the disciplinary proceedings involving faculty. Culture and Campus Life handles non-academic disciplinary proceedings involving students. In some instances an appropriate administrator will be designated to assist.

17.1 Complaint or Notice of Complaint

Any responsible employee who becomes aware of violations of this policy is required to immediately contact the Section 504 & Title IX coordinator/deputy coordinator for students. See sections titled “Reporting Complaints and Confidentiality.” Office of Public Safety staff made aware of complaints will immediately share them with the Section 504 & Title IX coordinator/deputy coordinator for students. The appropriate administrator or designee (dean for faculty, vice president, culture and campus life for students, or vice president, administration for staff) will work with the Section 504 & Title IX coordinator/deputy coordinator for students and help coordinate interim protective measures, and/or conduct or disciplinary hearings.

At the time of the complaint, the complainant will be informed in writing about resources (community and interim protective measures) and the institution, including the Office of Public Safety, will assess immediate safety needs of the complainant and need for timely warning/emergency notification.

Should a complainant or respondent feel there is a conflict of interest, in any step of the process, with the Section 504 & Title IX , Deputy Title IX Coordinator for Students, assigned Title IX investigators, or appropriate administrator for conduct/disciplinary proceedings listed below, written notice of the potential conflict should be submitted to both the Section 504 & Title IX Coordinator or Deputy Coordinator for Students and the appropriate administrator (Vice President, Culture and Campus Life; Assistant Vice President, College Services; Dean; or Vice President, Administration for staff) within three (3) business days. A panel of three consisting of at least one administrator and at least one trained Title IX investigator will review the potential conflict and determine if a conflict exists. If a conflict exists, an alternative coordinator, investigator or administrator will be assigned by the panel. The determination will be shared with the Section 504 & Title IX coordinator/deputy coordinator for students, complainant and respondent.

17.2 Step 1: Preliminary Review and/or Conference

The Section 504 & Title IX coordinator/deputy coordinator for students, or trained investigator will review the complaint and determine if the complaint alleges any facts that suggest prohibited conduct occurred. This review will include a review of the complaint as received and a review of related prior disciplinary action or sanctions of the people allegedly involved. Additionally, a review of Title IX records will be included to see if complainant, respondent or witnesses have been involved in other incidents.

• If the complaint fails to allege sufficient facts to support a violation of this policy the Section 504 & Title IX coordinator/deputy coordinator for students will notify the complainant that the complaint fails to state a violation under this policy. The complainant will be notified within five (5) business days of the complaint being received. The complainant may submit an amended complaint within five (5) business days after receiving the notice or file an appeal according to the appeal policy.
• If the complaint alleges sufficient facts to support a policy violation and the claimant wishes to pursue the complaint through the College’s conduct or disciplinary processes the Section 504 & Title IX coordinator/deputy coordinator for students will work with the appropriate administrator or designee (vice president, administration for staff, appropriate dean for faculty, vice president, culture and campus life for students) to recommend sanctions and meet with the respondent within ten (10) business days of receiving the complaint.

o If respondent accepts responsibility for the policy violation(s) outlined in the complaint and agrees to the sanction(s) the appropriate administrator will deliver the sanctions and notify the Section 504 & Title IX coordinator/deputy coordinator for students. This information will be shared with the complainant. Either side may appeal according to the process described below.

o If the respondent accepts responsibility, but rejects the sanctions he/she will be part of an administrative conference to validate the appropriateness of the sanctions. The outcome is subject to appeal procedures listed below. All parties will be notified simultaneously of the outcome, rights to appeal and final determination.

o If the respondent does not accept responsibility for policy violation(s) and/or rejects the sanctions both the claimant and respondent will be notified simultaneously within ten business days (10) of receipt of a complaint of the need to investigate.

• If there is reasonable cause but the claimant does not want the complaint to be investigated the College may still investigate the complaint, but may be limited in its ability to do so.

The Section 504 & Title IX coordinator/deputy coordinator for students will serve as a resource to the administrator or designee to ensure that any sanctions or discipline and remedies will adequately address the harm to the victim, educate the respondent, and prevent the recurrence of future violations. Additionally, the Section 504 & Title IX coordinator/deputy coordinator for students will coordinate additional actions to address the impact of a policy violation on others such as, but not limited to, counseling and awareness training or programs.

17.3 Step 2: Investigation

The Section 504 & Title IX coordinator/deputy Title IX coordinator for students or trained investigators whom they select for a particular case are responsible for investigating complaints of prohibited conduct. The parties directly involved in the investigation will be informed in a timely manner regarding the process and progress of the investigation. During the investigation period, the investigator will gather information, evidence and interview witnesses. Questioning or evidence about a complainant’s prior sexual history will not be considered by the investigator except where the complainant and respondent have a prior intimate or sexual relationship and it may be deemed relevant to a determination of consent. After the investigation, Section 504 & Title IX coordinator, deputy coordinator for students will submit a written report including findings of fact and a determination of whether it was more likely than not that the respondent committed any violation(s) of this policy or other College policies to the appropriate administrator (dean for faculty, vice president culture and campus life for students, or vice president, administration for staff). If a designated investigator conducts the investigation, the investigator will submit a report containing the findings of fact and culpability to the Section 504 & Title IX coordinator/ deputy coordinator for students and appropriate administrator.

This process will not exceed thirty (30) calendar days from investigation start date except in rare circumstances. A confidential file of the investigation will be kept on file with the Section 504 & Title IX coordinator/deputy coordinator for students.

17.4 Step 3: Formal Conduct Panel/Disciplinary Proceedings

After reviewing the investigation report, the appropriate administrator (dean for faculty, vice president culture and campus life for students, or vice president, administration for staff) will simultaneously notify the complainant and respondent within five business days (5) of the close of the investigation of the investigator’s findings. If the investigation shows that it was more likely than not that no policy violation occurred, either party may appeal. (See Section 16.5). If the investigation shows that it was more likely than not that a policy violation occurred then the procedures outlined below shall be followed.

o Normal conduct panel procedures or disciplinary proceedings will be followed for students, faculty and staff according to the conduct or disciplinary process for the respective party.
o However, mediation is never appropriate in sexual assault or stalking cases.
o The College may establish special hearing guidelines where cross-examination is allowed that prevent the respondent from personally cross-examining the complainant (set up a screen, etc.)

• Any investigation, hearing, review or appeal procedure will use a preponderance of the evidence standard of proof (i.e. more likely than not).
• If the hearing/proceeding determines that a violation of policy has occurred, prompt and appropriate sanctions/corrective action will be taken as deemed appropriate by the College.
• Both parties will be simultaneously notified within three (3) business days of the result and their rights to appeal.
• In the case of non-tenured faculty, staff and students, the appeal process outlined in Step 4 of this policy supersedes the appeal processes contained in the Faculty Handbook, Staff Handbook and Student Conduct Code. Any case involving dismissal of a tenured faculty member may be appealed consistent with the procedures set forth in the Faculty Handbook.

17.5 Step 4: Appeal

Either party may file an appeal within three (3) business days of the delivery of the hearing determination letter. The appeal must be submitted to the president in writing and must specifically state the reason for appeal. Appeals are limited to the following grounds:

• Question of Fact: Either party may appeal questions of fact by introducing new evidence that would significantly affect the outcome of the case. Evidence that was known to the appellant at the time of the original hearing, but was withheld, shall not constitute a question of fact nor is it to be considered upon appeal.
• Question of Procedure: The party filing an appeal must demonstrate that procedural guidelines established in this document were breached, and that the errors affected the outcome of the case.

• Severity of Sanction: Appeals based on the severity of the sanction shall be considered only when the penalty imposed exceeds the recommended range of sanctions for the specific violation. The respondent can request leniency in cases where it is clearly demonstrable that the imposition of a sanction is inconsistent with previous practice, even though it may be within the range of acceptable action. Mere dissatisfaction with the sanction is not grounds for appeal.

The president will select an appeal review board consisting of five members, male and female, to hear the case. These five persons will be selected from various constituencies of the College (students, staff and/or faculty). Selection will be made in such a way as to ensure appropriate representation on the appeal review board, that the members are trained appropriately and that there are no foreseeable conflicts of interest. It may examine all documentation and evidence relating to the case; and it may elect to call additional witnesses in the case. The responsibility of the appeal review board is to conduct a closed and confidential hearing and advise the president of its findings. The president will make a determination based on the report of the appeal review board and has ultimate authority in all decisions and recommendations. The determination of the president is considered final and not appealable. Both parties will be informed of the final outcome and results of the appeal.

17.6 Notice of Outcome and Results

Whenever a complaint is resolved at any level in the process provided under this policy, the College will inform the complainant in writing regarding whether or not it found that a violation of policy occurred, any individual remedies offered or provided to the complainant, any sanctions imposed against the respondent that directly relate to the complainant, and other steps the school has taken to eliminate and prevent the recurrence of a hostile environment, if any, is found to exist by the College. The respondent will not be notified of any individual remedies offered or provided to the complainant. In cases that involve a complaint of dating violence, domestic violence, stalking, sexual assault, or a forcible sex offense (rape, sodomy, sexual assault with an object, fondling) or non-forcible sex offense (incest, statutory rape), the College will inform the complainant and respondent of the result of the proceeding, any sanctions that are imposed on the respondent, and the rationale for the result and the sanctions consistent with its obligations under the Clery Act and the Violence Against Women Act of 2013. All notices will be simultaneously provided to the complainant and respondent within the time frame specified in this policy.

Responsibilities:

Position/Office/Department

Responsibility

Vice President, Culture and Campus Life

Student sanctions for policy violations

Dean of Pharmacy

Faculty sanctions for policy violations for School of Pharmacy faculty

Dean of Arts & Science

Faculty sanctions for policy violations for School of Arts & Sciences faculty

Vice President, Administration

Staff sanctions for policy violations

Section 504 & Title IX Coordinator/Deputy Coordinator for Students

Oversight for policy maintenance, complaint receipt, investigations and appeals process.

Resources:

Appendix I: Confidential Resources

Students:                   STLCOP Counseling Center - 314-446-8338

                                        ENI Balance Works – 1-800-327-2255 or www.mybalanceworks.com

Faculty and Staff: H&H Health Associates, 314-845-8302, 800-832-8302

ALIVE (Alternative to Living in Violent Environments)
(314) 993-2777
Providing a safe shelter for women and children victimized by domestic violence; emergency transportation; and counseling.

Crime Victim’s Advocacy Center of St. Louis (Legal Advocates for Abused Women (“LAAW”))
(314) 652-3623
(314) 535-5229
Providing resources, counseling, advocacy and referrals with specialized services related to domestic violence.

Life Crisis Services
(314) 647-4357
Providing a 24-hour hotline; crisis intervention and suicide prevention.

RAINN (Rape, Abuse, and Incest National Network)
1-800-656-4673

Safe Connections
(314) 646-7500
2165 Hampton Avenue
Saint Louis, Missouri 63139

St. Louis Metropolitan Police Department
911 – emergency
(314) 231-1212 – non emergency
(314) 444-5385 – domestic abuse division
(314) 444-5385 – sex crimes division

UMSL Center for Trauma Recovery
(314) 516-6737
Day and Evening appointments are available.

Woman's Place
(314) 645-4848
8300 Morgan Ford
St. Louis, MO 63123
(in the back of St. Mark's Church)

Women’s Safe House
(314) 772-4535
24-hour crisis hotline, providing safe shelter to battered women.

YWCA Women's Resource Center
(314) 726-6665
(314) 531-7273 24-hour crisis hotline
140 N. Brentwood Ave.
Clayton, MO 63105

Policy Contacts:

Name

Contact Information

Daniel Bauer

314-446-8308, Daniel.bauer@stlcop.edu

Supplemental Information:

None