Investigation and Adjudication

The Investigator-The Title IX Coordinator will select an appropriate person or persons to conduct the investigation. In exceptional cases, an external investigator (s) may be used. In all cases, the investigator (s) will have received proper training on issues relating to sexual misconduct and Title IX. The investigator (s) will regularly consult with the Title IX Coordinator on the progress of the investigation and potential issues that require additional follow-up.

Initial Contact with the Parties- When an investigation begins, the Title IX Coordinator or a designee will schedule separate meetings with the complainant and respondent. The complainant and respondent will be informed of the nature of the investigation, the availability of interim accommodations and assistance, the prohibition on retaliation, the right to report to law enforcement agencies, and the possibility of informal resolution where appropriate.

1) All parties of the Title IX investigation will have equal rights throughout the resolution process and will have an equal opportunity to present relevant witnesses and other evidence at a live hearing.

2) Both the complainant and respondent have the right to have an advisor, of their choice, to be present during the meetings, hearings, investigation interviews, and adjudication process. An advisor is not required to be an attorney. The advisor must be used for consultation purposes for the party and to conduct cross-examinations on behalf of that party during the hearing only. The advisor will not be allowed to question or respond to the Title IX Coordinator or Investigator (s) before, after, or during meetings and interviews.

3) The complainant and respondent will be advised of the possible Title IX policy violation (s), their rights, and the hearing procedure at a pre-hearing conference meeting with the Title IX Coordinator.

4) Both parties will be given 10 days’ notice of the live hearing’s date, time, and location.

5) The university will provide for the live hearing to occur with the parties located in separate rooms with technology enabling the decision-maker(s), Title IX hearing committee, and parties to simultaneously see and hear the party or the witness answering questions. The university will create an audio or audiovisual recording, or transcript, of any live hearings and make it available to the parties for inspection and review by written request to the Title IX Coordinator.

6) Only relevant cross-examination and other questions may be asked of a party or witness. Before a complainant, respondent, or witness answers a cross-examination question, the decision-maker(s) must first determine whether the question (s) is relevant and explain any decision to exclude a question (s) as not relevant to the advisor. The decision-maker may require that ALL questions be submitted in advance. If a party or witness does not submit to cross-examination at the live hearing, the decision-maker(s) must not rely on any statement of that party or witness in reaching a determination regarding responsibility; provided, however, that the decision-maker(s) cannot draw an inference about the determination regarding responsibility based solely on a party’s or witness’s absence from the live hearing or refusal to answer cross-examination or other questions.

7) The standard of proof for adjudicating any sexual harassment charge is a preponderance of the evidence standard. In other words, the evidence must show that it is more likely than not that the alleged sexual harassment occurred.

8) Questions and evidence about the complainant’s sexual predisposition or prior sexual behavior are not relevant, unless such questions and evidence about the complainant’s prior sexual behavior are offered to prove that someone other than the respondent committed the conduct alleged by the complainant, or if the questions and evidence concern specific incidents of the complainant’s prior sexual behavior with respect to the respondent and are offered to prove consent.

9) The complainant and the respondent will be simultaneously informed, in writing, within 10 days of the Title IX findings, and procedures to appeal the findings.

10) The Title IX Coordinator will oversee all investigations, hearings, and disciplinary proceedings under this policy to ensure such proceedings comply with University policy and applicable law. All persons assigned to investigate sexual misconduct charges will have received proper training on issues related to sexual assault, sexual harassment, domestic violence, and stalking as well as proper methods for ensuring a prompt, thorough and fair investigation. All persons responsible for final adjudication of sexual harassment will have received proper annual training on the same issues, as well as proper methods of conducting hearings.

11) If any party believes that any adjudicator or investigator has a conflict of interest that would prevent him or her from handling the matter fairly and impartially, they should communicate that belief to the Title IX Coordinator as early as possible, and in all events prior to any hearing. The Title IX Coordinator will review the matter and take action where appropriate, which may include assigning an alternate investigator or adjudicator. In rare cases, the Title IX Coordinator may determine that potential conflicts of interest or other factors warrant the appointment of individuals from outside the University community to investigate and/or adjudicate a charge of sexual harassment.

1)  In cases where the respondent is a Delta State University employee, employers must fulfill their obligations under Title VII and also under Title IX. There is no inherent conflict between Title
VII and Title IX. All employees will go through the same procedures for Investigation and  Adjudication as students.

2) Employees will receive the same benefits and due process protections that students receive.

1) If the respondent is someone other than a Delta State University student or employee, the University will not have the ability to impose discipline and/or rights to the Respondent. However, the University will refer to appropriate law enforcement agencies. Appropriate steps will be taken to ensure the safety and well-being of the complainant and others, which may include without limitation steps to bar the respondent from campus, exclusion from university programs, and campus affiliated activities.

Delta State University may remove a respondent from the university’s education program and/or activity on an emergency basis, provided that the university has taken an individualized safety and risk analysis to determine that an immediate threat to the physical health or safety of any Delta State University employee and/or student arising from the allegations of sexual harassment justifies removal. The university will provide the respondent with prior notice and an opportunity to challenge the decision immediately following the emergency removal.

Students and employees have the right to request a review of the Decision- maker’s ruling. A Letter of Appeal specifying the grounds upon which the appeal is based and supporting information must be submitted in writing and signed by the student or employee. DSU employees should address their letter to the Director of Human Resources. Students should addressed their letter to the Vice President of Student Affairs. The appeal letter must be emailed from your Delta State University email account to the Title IX Coordinator at titleix@airllevant.com. Appeals are due within 10 days from the date listed on the Resolution Outcomes Letter.  If a decision is appealed, the case will be heard by the Director of Human Resources for employees or the Vice President of Student Affairs for students.

*The Decision -Maker and the Title IX Hearing Committee reserves the right to broaden or lessen any range of recommended sanctions in the case of serious mitigating circumstances or egregiously offensive behavior. Neither the Decision-Maker nor the Title IX hearing committee or any appeals body or officer will deviate from the range of recommended sanctions unless compelling justification exists to do so.

The University recognizes that students who have been drinking and/or using drugs (whether such use is voluntary or involuntary) at the time an incident occurs may be hesitant to report the sexual harassment due to fear of potential consequences for their own conduct. The University strongly encourages students to report incidents of sexual harassment to the Title IX Coordinator at titleix@airllevant.com or by call (662)846-4690, through D.S. U. C.R.E.S, to any campus officials, or DSU Campus Police.

A bystander reporting in good faith or complainant reporting to University officials or law enforcement will not be subject to campus conduct action for violations of alcohol and/or drug policies occurring at or near the time of the sexual harassment.

While the University recognizes the rarity of intentional false reports of sexual harassment, submitting a deliberately false report or providing false information in bad faith is prohibited under this policy and is grounds for disciplinary action. A report is made in bad faith when the person making it actually knew it was false or made it with reckless disregard for the truth. A report is not made in bad faith merely because an adjudicator finds an accused party not responsible.

Where a false report or statement has been made in bad faith, disciplinary action by the University against the person making it is not retaliation within the meaning of this policy. This exception applies solely to official disciplinary action by the University. It does not authorize other retaliation of any kind by any individual, department or organization, even where bad faith is found.

Retaliation is defined as any adverse action or threat taken against an individual for filing a complaint of sexual misconduct, serving as a witness, or for participating in the investigation or resolution process. The University strictly prohibits retaliation. This includes any form of intimidation, threats, harassment, or any other conduct that would discourage a reasonable person from participating in protected activity, such as reporting sexual misconduct, seeking services, or receiving interim measures and accommodations. Retaliating against a person for participating in protected activity is a basis for disciplinary action, regardless of the outcome of the underlying complaint. Complaints of retaliation should be reported immediately to the Title IX Coordinator.

Parents or guardians are permitted to exercise their rights to be involved in this process. Parents or guardians can request supportive measures and/or participate in a grievance process. Similarly, the parent or guardian is permitted to accompany the student to meetings, interviews, and hearings during a grievance process to exercise rights on behalf of the student.  The student’s advisor of choice may be a different person from the parent or guardian. Parents or guardians also have the right to review and inspect evidence as well.

If you are on campus or attending an event that is sponsored by the University:

• Go to a safe location immediately or Call 911
• To report the crime or request services, notify the DSU Campus Police at 662.846.4155 (24 hours/7days a week)
• Contact the Title IX Coordinator at 662.846.4690, or send an email to titleix@deltastat.edu.
• Go to myDSU, click on the DSU Cares button at the bottom of the page, and then click on the Title IX tab to file a report
• Call Bolivar Medical Student Health Center at 662.846.4630
• Call Campus Counseling Center at 662.846.4690
• Call Our House, Incorporated 662-332-5683.
• Preserve all physical evidence of the assault, even if you are unsure whether you want to report the crime. Do not shower, bathe, douche, eat, drink, wash your hands, or brush your teeth until after you have had a medical examination. Save all the clothing you were wearing at the time of the assault and bring them and any other potential evidence to the medical exam. Place each item of clothing in a separate paper bag (do not use plastic bags). Do not clean or disturb the area where the assault occurred.
• Call a trusted friend, family member, or someone who can provide support.
• Get medical care as soon as possible. Go to a hospital, emergency room or a specialized forensic clinic that works with sexual assault survivors. Some options in Cleveland include Bolivar Medical Center, 662.846.0061 (24 hours), and the Domestic Violence Program, 601.948.4495 (24 hours).
• You may also request medications for the prevention of sexually transmitted infections, including HIV, and emergency contraception. If more than one week has passed since the assault, or if you are certain that you do not want the collection of forensic evidence.
• For contraception and testing sexually transmitted infections a referral to the Bolivar County Health Department at 662-843-2706 is made.
• If you think you may have been given a rape drug, request that the medical provider collect a urine and blood sample.
• Talk to a counselor for confidential and emotional support. You can speak confidentially with someone on campus at the Campus Counseling Center, 662.846.4690.

If you are off-campus:

• Go to a safe location immediately or Call 911
• To report the crime or request services, notify the DSU Campus Police at 662.846.4155 (24 hours/7days a week)
• Preserve all physical evidence of the assault, even if you are unsure whether you want to report the crime. Do not shower, bathe, douche, eat, drink, wash your hands or brush your teeth until after you have had a medical examination. Save all the clothing you were wearing at the time of the assault and bring them and any other potential evidence to the medical exam. Place each item of clothing in a separate paper bag (do not use plastic bags). Do not clean or disturb the area where the assault occurred.
• Call a trusted friend, family member, or someone who can provide support.
• Call Our House, Incorporated 662-332-5683.
• Get medical care as soon as possible. Go to a hospital, emergency room, or a specialized forensic clinic that works with sexual assault survivors. Some options in Cleveland include Bolivar Medical Center, 662.846.0061 (24 hours), and the Domestic Violence Program, 601.948.4495 (24 hours).
• You may also request medications for the prevention of sexually transmitted infections, including HIV, and emergency contraception. If more than one week has passed since the assault, or if you are certain that you do not want the collection of forensic evidence.
• For contraception and testing sexually transmitted infections, a referral to the Bolivar County Health Department at 662-843-2706 is made.
• If you think you may have been given a rape drug, request that the medical provider collect a urine and blood sample.
• Talk to a counselor for confidential and emotional support. You can speak confidentially with someone on campus at the Campus Counseling Center, 662.846.4690.