Title IX of the Education Amendments of 1972 protects people from sex discrimination in educational programs and activities at institutions that receive federal financial assistance.
No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any educational program or activity receiving federal financial assistance.
Drury University strives to be a safe, education-oriented and community minded campus that maintains an academic and social environment conducive to intellectual and personal development of students and promotes the safety and welfare of all members of the campus community.
Drury University’s Title IX – Sexual Misconduct Policy defines the various forms of sexual misconduct that violate the standards of our community, identifies resources, and outlines the University’s student conduct process, including the outcomes imposed for violations of this policy. Drury University complies with Title IX, and does not discriminate on the basis of sex in its educational programs and activities, including, but not limited to admission, recruiting, financial aid, academic programs, student services, counseling and guidance, discipline, class assignment, grading, recreation, athletics, housing, and employment. Sexual harassment, including sexual misconduct as defined in the policy, is prohibited under Title IX. Retaliation against anyone involved in or connected to an allegation and/or resolution of a sexual misconduct complaint or report is prohibited under Title IX.
For more information about Title IX, visit the U.S. Department of Education’s website.
Sexual Misconduct is any conduct that constitutes sexual harassment by individuals or organizations that is prohibited by Title IX. Sexually harassing conduct that disrupts or undermines a person’s ability to participate in or to receive the benefits, services, or opportunities of the university is prohibited, especially when it interferes with an individual’s educational performance, or equal access to the university’s resources and opportunities, or when such conduct creates an intimidating, hostile, or abusive educational environment. Sexual misconduct offenses include, but are not limited to: harassment, non-consensual sexual contact, non-consensual sexual intercourse, sexual violence/assault, sexual exploitation, sexual coercion, domestic violence, dating violence, stalking, cyber-stalking, and retaliation.
Intentionally targeting an individual or group with conduct that is unrelated to any legitimate educational purpose, or could be reasonably be regarded as being severe, persistent, or pervasive and would interfere with one’s ability to participate in or benefit from their university experience. Harassing behavior could also be related to targeting an individual or group’s gender, sexual orientation, or ethnicity. This conduct may occur in a single instance, or may be the cumulative result of a series of incidents and may include, but is not limited to, acts of verbal, nonverbal, or physical aggressions, as well as intimidation or hostility based on gender, sexual orientation, or ethnicity.
Sexual harassment is:
The University protects both genders equally from sexual harassment, including harassment by members of the same sex.
Examples of Sexual Harassment may include, but are not limited to:
Sexual Contact may include, but is not limited to: intentional contact with the breasts, buttock, groin, or genitals, or touching another with any of these body parts, or making another touch you or themselves with or on any of these body parts; any intentional bodily contact in a sexual manner, tough not involving contact with/or/by breasts, buttocks, groin, genitals, mouth or other orifice.
Intercourse includes, but is not limited to: vaginal penetration by a penis, object, tongue or finger, anal penetration by a penis, object, tongue, or finger, and oral copulation (mouth to genital contact or genital to mouth contact), no matter how slight the penetration or contact.
Consent to engage in sexual activity must exist from the beginning to end of each instance of sexual activity. Consent consists of an outward demonstration indicating that someone has freely chosen to engage in sexual activity. In the absence of an outward demonstration, consent does not exist. The University does not consider a lack of protest to imply consent. Consent is informed, knowing, and voluntary. Consent is demonstrated through mutually understandable words and/or actions that clearly indicate a willingness to engage in sexual activity. By intoxication or mental disability, a person may not be capable of valid consent. In order to give effective consent, the person must also be of legal age. Consent is not effective if it results from the use of physical force, intimidation, coercion, or incapacitation. Sexual activity with someone who one should know to be – or based on the circumstances should reasonably have known to be – mentally or physically incapacitated (by alcohol or other drug use, unconsciousness or blackout), constitutes a violation of this policy. If a sexual act is occurring and physical force, intimidation, coercion, or incapacitation develops, there is no longer consent. A current or previous dating relationship is not sufficient to constitute consent. It will also be considered a violation of University policy for any individual to encourage, aid, assist, or participate in any act of sexual misconduct against another.
Consent to engage in sexual activity may be withdrawn by either party at any time. Withdrawal of consent must also be outwardly demonstrated by words or actions that clearly indicate a desire to end sexual activity. Once withdrawal of consent has been expressed, sexual activity must cease. Consent to any one form of sexual activity cannot automatically imply consent to any other form of sexual activity.
Having or attempting to have non-consensual sexual intercourse with another person. This includes physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent. Sexual intercourse includes an act of oral, vaginal, or anal penetration, however slight, with an object or body part by any individual upon another person.
Examples of kinds of conduct that constitute sexual violence/assault include, but are not limited to:
Force involves the use of physical violence and/or imposing on someone physically to gain sexual access. Force may also include threats, intimidation (implied threats) and coercion that overcome resistance or produce consent (“Have sex with me or I’ll hit you.” “Okay, don’t hit me, I’ll do what you want.”).
An act or acts attempted or committed by a person for sexual gratification, financial gain, or advancement through the abuse or exploitation of another person’s sexuality. Examples include observing individuals without consent, non-consensual audio or videotaping of sexual activity, unauthorized presentation of recordings of a sexual nature, prostituting another person, allowing others to observe a personal consensual sexual act without the knowledge or consent of all involved parties, knowingly exposing an individual to a sexually transmittable infection or virus without his or her knowledge, exposing one’s genitals in non-consensual circumstances, and inducing another to expose their genitals.
Sexual coercion is unreasonable pressure for sexual activity. Coercive behavior differs from seductive behavior based on the type of pressure someone uses to get consent from another. When someone makes it clear that they do not want sex, that they want to stop, or that they do not want to go past a certain point of sexual interaction, continued pressure beyond that point can be coercive. Sexual coercion causes the person who is the object of the pressure or behavior to engage in unwelcomed sexual activity. Coercion can take the form of pressure, threats, intimidation, or the use of physical force, either expressed or implied, which places a person in fear of immediate harm or physical injury. Coercion can also take the form of pressure to consume alcohol or other drugs prior to engaging in a sexual act.
Someone is considered to be incapacitated if he/she is unable, temporarily or permanently, to give consent, due to mental or physical incapability, unconsciousness, or vulnerability due to drug or alcohol consumption (voluntarily or involuntarily), or for some other reason. Incapacitation is a state where someone cannot make rational, reasonable decisions because they lack the capacity to give knowing consent (e.g., to understand the “who, what, where, why or how” of their sexual interaction.) Examples of incapacitation may include, but are not limited to, vomiting, being unconscious, or being unable to communicate for any reason.
Felony or misdemeanor crimes of violence committed by a current or former spouse of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction.
Violence committed by a person
A course of repeated non-consensual conduct directed toward another person that could be reasonably regarded as likely to alarm, harass, or cause reasonable fear of harm or injury to that person. Stalking may include, but is not limited to, unwelcomed and repeated visual or physical proximity to a person, repeatedly convey oral or written threats, extorting money or valuables, threatening physical conduct, or any combination of these behaviors directed at or toward a person.
A type of stalking in which electronic media, such as internet, social networks, blogs, cell phones, texts, or other similar devices or forms of contact are used to pursue, harass, or to make unwelcomed contact with another person in an unsolicited fashion. Examples of cyber-stalking include, but are not limited to, unwelcomed or unsolicited emails, instant messages, and messages posted on on-line bulletin boards. It also includes, but is not limited to, unsolicited communications about a person, their family, friends, or co-workers, or sending or posting unwelcomed and unsolicited messages with another username.
Acts or attempts to retaliate or seek retribution against anyone involved in our connected to an allegation and/or resolution of sexual misconduct.
The University’s policies protect you from sexual harassment by vendors, contractors, and other third parties that you encounter in your University learning, living, and employment environment. If you believe that you have been subject to conduct that violates these policies, you should report the sexual harassment just as if it were committed by a University student or employee.
You may make a complaint of sexual harassment even if the conduct occurs off campus. The University will investigate to the extent possible, and determine whether the harassing behavior is sufficiently severe, pervasive and objectively offensive as to deprive the complainant access to the educational opportunities or benefits provided by the institution. If a violation occurred, the University may determine if it is necessary to issue a no-contact order against the offending student to sufficiently protect the complainant.
Drury is committed to creating an environment that encourages individuals to come forward if they have experienced any form of sexual misconduct. The privacy of all parties to a complaint of sexual misconduct will be respected, and the university will work to safeguard the identities and privacy of individuals who seek help or who report sexual misconduct. Your personal information will only be shared with those who have a legitimate need to know as the university fulfills its obligation to fully investigate allegations of sexual misconduct. If a formal complaint is filed, the accused individual has a right to know the identity of the complainant. In all complaints of sexual misconduct, all parties will be informed of the outcome of the investigation.
Information regarding a complaint will be tightly controlled on a need-to-know basis. Dissemination of information and/or written materials to persons not involved in the complaint procedure is not permitted. Violations of the privacy of the complainant or the accused student may lead to disciplinary action by the university.
When discussing an incident of sexual misconduct with someone on campus, you should be aware of which resources will be able to maintain strict confidentiality of what you report to them and which will not.
Yes, if you want formal disciplinary action to be taken against the alleged perpetrator. No, if you choose to respond informally and do not file a formal complaint (but you should review the information on confidentiality to better understand the university’s obligations depending on what information you share with different people on campus). Recipients of the unwelcome behavior should be aware that not identifying the perpetrator may limit the institution’s ability to respond comprehensively.
Yes, if you file a formal complaint. Sexual misconduct is a serious offense and the accused student has the right to know the identity of the complainant. If the University conducts a hearing, the complainant and the alleged perpetrator will NOT be in the same room during an investigation or hearing.
The University prohibits retaliation against any person for making a good faith complaint of sexual misconduct and/or cooperating in the investigation of (including being interviewed as a witness to) such complaint. Retaliation is a serious violation that can subject the offender to sanctions independent of the merits of the underlying allegation of sexual misconduct. If you feel you are the victim of retaliation in violation of this policy, you should report the retaliation just as you would a complaint of sexual misconduct.
No, not unless you tell them. In cases of sexual misconduct, whether you are the complainant or the accused student, the University’s primary relationship is to the student and not to the parent. However, in the event of major medical, disciplinary, or academic jeopardy, students are strongly encouraged to inform their parents. University officials will directly inform parents when requested to do so by a student, in a life-threatening situation, or if the student has signed the FERPA release form which allows such communications.
The University strongly encourages prompt reporting of complaints and information rather than risking your or another student’s well-being. Although there is no time limit on making a formal complaint, the University may ultimately be unable to adequately conduct an investigation if too much time has passed or if the accused student has graduated or left school. Factors that could negatively affect the university’s ability to investigate include the loss of physical evidence, the potential departure of witnesses, or loss of memory.
DO NOT contact the complainant. You may want to ask that the University make a campus advisor available to you. You may also contact one of the Title IX Coordinators to explain the University’s procedures for addressing sexual misconduct complaints. You may also want to talk to a counselor in the Student Counseling office or the University Chaplain.
The Title IX Coordinator will inform you of your rights and discuss the investigation process. You will be asked to provide a response to the complaint, to provide the names of any witness who can corroborate your account of the incident, and to provide any evidence in support of your account.
The complainant and the respondent may ask a support person of their choice to accompany him/her during the investigation process. The support person cannot be a potential witness in the matter, or another complainant or respondent in the same or related matter. The support person does not serve as an advocate on behalf of the complainant or respondent, may not be actively involved in any proceedings, and must agree to maintain the confidentiality of the investigative process.
The complainant and respondent may also ask the Title IX Coordinator to make a campus advisor available to them if either party wants assistance throughout the investigation or adjudication process. These advisors are not “advocates” who are trained to assist victims of sexual misconduct, and cannot speak on behalf of a student in any investigatory or adjudication process. These advisors serve as a point of contact to answer questions and explain processes, join the student in meetings, and make sure the student’s needs are being addressed.
A bad faith allegation of sexual misconduct occurs when the complainant intentionally reports information or incidents that he/she knows to be untrue. Failure to prove a complaint of sexual misconduct is not equivalent to a bad faith allegation. The University may impose sanctions against an individual who knowingly makes false allegations of sexual misconduct.
In all cases the Title IX Coordinator strives to respond promptly and effectively by investigating the allegations and addressing the effects of the conduct. Typically, an investigation can take up to approximately sixty (60) calendar days following the receipt of the complaint. Factors that influence the timing of the investigation include the complexity and severity of the conduct, the number and availability of witnesses, and the identification and acquisition of any physical or other evidence.
After medical attention for the victim(s), if needed, the University will take steps to notify students, faculty, and staff of the potential if it is determined that there is a threat to the safety of the University community. Additional assistance and information on support resources will be provided. A thorough and impartial investigation will begin as soon as possible following the receipt of a complaint.
The Title IX Coordinator or Deputy Coordinator will meet with the complainant and outline the options available to them (internal and external). Individuals who are victims of sexual assault may also pursue criminal charges with local law enforcement. The University will conduct its own investigation into the incident, regardless of whether the individual chooses to pursue criminal charges or not. The complainant may be asked to provide a written account of the incident. There will also be an assessment regarding the necessity of any interim measures that may be necessary to protect the complainant until the investigation is complete. Examples of this are no contact orders, counseling, alternate living arrangements or class schedules, interim suspension from campus pending a resolution, etc.
The respondent will be notified that a complaint has been made against him/her. The Title IX Coordinator will assign the investigation to one or more individuals from the University’s pool of trained investigators. The respondent will be asked to provide his/her response/perspective of the alleged incident. The investigators will conduct a thorough, prompt, and impartial investigation into the allegations. In addition to the complainant and respondent, the investigators will interview any witnesses who may have knowledge of or may have witnessed the incident. They will also begin collecting any evidence that is pertinent to the allegations.
At the conclusion of the investigation, the investigators will provide the Coordinator with an investigation report and their recommendations regarding whether or not, based on the preponderance of the evidence, a policy violation occurred. The Coordinator will make the determination regarding the policy violation.
Yes. Title IX requires a school to take steps to protect the complainant as necessary, including taking interim measures before the final outcome of an investigation. The specific interim measures implemented and the process for implementing those measures will vary depending on the facts of each case. Some examples of interim measures include, but are not limited to:
If you want to move, you may request a room change. Room changes under these circumstances are considered emergencies. It is typically institutional policy that in emergency room changes, the student is moved to the first available suitable room. If you want the accused student to move, and believe that you have been the victim of sexual misconduct, you will be required to submit a campus incident report or police report. No-Contact orders can be imposed and room changes for the accused student can usually be arranged quickly.
Informal administrative resolution methods may be considered and discussed with the complainant and respondent, but neither party is required to accept an informal resolution. If an administrative resolution is reached, it will be documented and signed by both parties and the matter will be deemed resolved. Complaints of sexual assault/sexual violence may not be resolved informally.
If, based on a preponderance of the evidence, that a policy was violated, the Coordinator will determine, in collaboration with the appropriate Deputy Coordinator, the appropriate sanctions that will be imposed. The Coordinator will notify both parties in writing of the determination that has been made, and communicate the necessary information regarding sanctions, if any.
There will be three options for resolution:
Students may appeal the determination in accordance with the appeals process cited in the Procedures for Student Conduct Administration.
Faculty and staff may file an appeal in accordance with the Non-Discrimination/Harassment Policy and Complaint Procedures.
The University will impose different sanctions for each incident, ranging from verbal warning to expulsion, depending on the severity of the offense. For students, those sanctions can range from verbal warning to expulsion. Sanctions imposed for violation of the sexual misconduct policy may include, but are not limited to: removing the respondent from class, banning the respondent from certain buildings, temporary suspension of the student, community service hours, disciplinary probation, fines, loss of participation and privileges in campus activities, parent notification, peer mentoring, etc. For employees the disciplinary actions can range from verbal or written warnings to the termination of employment.
Evidence of a pattern of perpetration increases the severity of sanctions needed. If a respondent has previously been disciplined for a policy violation and then repeated the violation, that indicates a need for stronger disciplinary action.
If sexually assaulted, are there special instructions I need to follow and what evidence do I need to try to preserve?
Physical evidence of a sexual assault must be collected from the alleged victim’s person within 120 hours, though evidence can often be obtained from towels, sheets, clothes, etc. for much longer periods of time. If you believe you have been a victim of a sexual assault, you should go to the hospital emergency room, before washing yourself or your clothing. A Sexual Assault Nurse Examiner (a specially trained nurse) at the hospital is usually on call 24 hours a day, 7 days a week. Having evidence collected in this manner will help to keep all options available to a victim, but will not obligate her/him to any course of action. Collecting evidence can assist the authorities in pursuing criminal charges, should a victim decide later to exercise it.
The hospital staff will collect evidence, check for injuries, address pregnancy concerns and address the possibility of exposure to sexually transmitted infections. If you have changed clothing since the assault, bring the clothing you had on at the time of the assault with you to the hospital in a clean sanitary container such as a clean paper grocery bag or wrapped in a clean sheet (plastic containers do not breathe, and may render evidence useless). If you have not changed clothes, bring a change of clothes with you to the hospital, if possible, as they will likely keep the clothes you are wearing as evidence. You can take a support person with you to the hospital, if you want. If you do not recall where you were assaulted but have physical evidence of having been assaulted, you are still encouraged to go to the hospital. Do not disturb the crime scene – leave all sheets, towels, etc. that may bear evidence for the police to collect.
You can find more information about Drury’s Safety & Security sexual assault protocols here.
The use of alcohol and/or drugs by either party will not diminish the accused student’s responsibility. Use of alcohol and/or other drugs will never excuse a violation by an accused student.
If you believe that you have experienced sexual misconduct, but are unsure of whether it was a violation of the Sexual Misconduct Policy, you should contact one of the Confidential or Non-Confidential Resources.
