Title IX Sex-Based Discrimination & Harassment Policy and Procedures

2024-2025

Learn More about Title IX at 91 and/or File a Report

Purpose of Policy

On August 1, 2024, the United States Department of Education and the Office for Civil Rights implemented Title IX regulations that govern how institutions of higher education that receive federal funding must respond to allegations of sex-based discrimination and harassment.1  

This document describes Roger Williams University’s (“91”) Title IX Sex-Based Discrimination and Harassment policy and procedures. Incidents that do not meet the definitions of prohibited conduct described herein or other criteria outlined in this Title IX policy will be referred to other University departments as appropriate (e.g., Office of Student Conduct and Conflict Resolution, Human Resources, etc.). 

[1] See 34 C.F.R. § 106 et seq.

Prohibition Against Sex-Based Discrimination and Harassment

91 prohibits all forms of discrimination on the basis of sex in its education programs and activities and is required by Title IX of the Education Amendments of 1972 (“Title IX”) and its implementing regulations not to discriminate in such a manner. According to Title IX, “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”2  

This prohibition against discrimination on the basis of sex applies to incidents of sex-based harassment as defined by 34 C.F.R. § 106.2, as well as dating violence, domestic violence, sexual assault, and stalking as defined by the Violence Against Women Reauthorization Act of 2013 (VAWA). Sex-based harassment, including sexual violence, is a form of sex discrimination that is illegal under both federal and Rhode Island state law, including Title VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, and Section 28-51-2 of the General Laws of Rhode Island.

[2] See20 U.S.C. § 1681(a).

Applicability and Scope

This Policy is only applicable to alleged incidents that occur on or after August 1, 2024. For alleged incidents of sex discrimination or sex-based harassment occurring prior to August 1, 2024, the policy and procedures in place at the time of the alleged incident apply. Applicable versions of those policies and procedures are available upon request to the Title IX Coordinator.

This Policy applies to all 91 community members, including faculty, adjunct faculty, staff, students, and other individuals participating in or attempting to participate in 91’s program or activities, including education and employment.

The policy and procedures described herein only apply to allegations of sex-based harassment that meet the Title IX regulatory definition of sex-based harassment and conduct that has occurred under the University’s education programs or activities (defined as including locations, events, or circumstances in which the University exercises substantial control over both the Respondent and the context in which the Title IX sex-based harassment occurred), circumstances where the University has disciplinary authority, and to misconduct occurring within any building owned or controlled by a student organization that is officially recognized by the University. This Policy may also apply to the extent off-campus misconduct may limit or deny a person’s access to the University’s education program or activities.

For disciplinary action to result under this Policy, the Respondent must be a 91 student or employee at the time of the alleged incident.

This Policy prohibits all forms of sex discrimination and may be applied to incidents, patterns, and/or institutional culture/climate, all of which may be addressed in accordance with this Policy. 

Online Harassment and Misconduct

91’s policies are written and interpreted broadly to include online manifestations of any of the behaviors prohibited below, when those behaviors occur in or have an effect on the University’s education program and activities, or when they involve the use of University networks, technology, or equipment.

Although 91 may not control websites, social media, and other venues through which harassing communications may be made, when such communications are reported to the University, it will attempt to address and mitigate the effects to the extent possible. 

Inclusion Related to Gender Identity/Expression

91 strives to ensure that all individuals are safe, included, and respected in their education and employment environments, regardless of their gender identity or expression, including intersex, nonbinary, transgender, agender, two-spirit, and gender-diverse students and employees.

Discrimination and harassment on the basis of gender identity, expression, or sex stereotypes are not tolerated by 91. If a member of the 91 community believes they have been subjected to discrimination under this Policy, they should follow the appropriate reporting process described herein.

In upholding the principles of equity and inclusion, 91 supports the full integration and healthy development of those who are gender diverse and seeks to eliminate any stigma related to gender identity and expression.

91 is committed to fostering a climate where all identities are valued, contributing to a more vibrant and diverse community. To the extent possible, 91 will administratively address issues that some students and employees, including those identifying as intersex, transgender, agender, nonbinary, and gender diverse, may confront as they navigate systems originally designed around the assumption that gender is binary. As our society’s understanding of gender evolves, so do the University’s processes and policies.

Concepts like misgendering and deadnaming may not be familiar to all, but understanding them is essential to University’s goal of being as welcoming and inclusive a community as possible. 

Misgendering is the intentional or unintentional use of pronouns or identifiers that are different from those used by an individual. Unintentional misgendering is usually resolved with a simple apology if someone clarifies their pronouns for you. Intentional misgendering may constitute a Policy violation if the effect is greater than de minimis harm.3  

Deadnaming means using someone’s birth-assigned (cisgender) name, rather than the name they have chosen. Intentional deadnaming could be a form of bullying, outing, or otherwise harassing an individual and may constitute a Policy violation.

91 uses a number of interventions to address concerns that are raised related to gender-based harassment or discrimination, including problem-solving, intervention, confrontation, investigation, and policy enforcement. 91 will always strive to balance the interests of community members who may have different and seemingly conflicting perspectives or identities and seek to find mutually agreeable outcomes or compromises. When that is not possible, 91 will offer remedial solutions or enforce its Policies while also respecting the interests of all members of its community. 

[3]De minimis harm is that which is not significant enough to rise to the level of requiring response or remedial action.

Role of the Title IX Coordinator

In compliance with Title IX requirements, the University has named Dr. Jen Stanley as its Title IX Coordinator. The responsibilities of the Title IX Coordinator and/or other Deputy Title IX Coordinators include, but are not limited to, the following:

  • Oversee compliance with the Title IX statute and implementing regulations, and review University Title IX policies and procedures accordingly;
  • Receive and assess reports of sex-based harassment in violation of this Policy made by any person through the reporting means described herein; 
  • Respond to reports of sex-based harassment, when the University has notice/knowledge; 
  • Coordinate and oversee the administration of all Title IX complaints, alternate/informal resolution processes, grievance processes, and appeals processes described herein;
  • Oversee the effective implementation of supportive measures, remedies, and disciplinary sanctions;
  • Monitor for barriers to reporting information about conduct that reasonably may constitute sex discrimination under Title IX and take steps reasonably calculated to address such barriers;
  • Coordinate and develop programming and informational initiatives that enable individuals to understand sex-based harassment as a form of sex discrimination; and 
  • Educate community members about the University Title IX Policy and Procedures.

The Title IX Coordinator reserves the right to delegate some of the aforementioned responsibilities to other appropriately trained University employees.

The Title IX Coordinator’s contact information is as follows:

  • Name: Dr. Jen Stanley
  • Role: Title IX Coordinator
  • Office Location: Center for Student Development Building
  • Office Mailing Address: 1 Old Ferry Road, 91, RI 02809
  • Phone Number: (401) 254-3123
  • Email Address: jstanley@rwu.edu

Prohibited Conduct Defined

Title IX Sex Discrimination

Sex discrimination is different treatment with respect to a person’s employment or participation in an education program or activity based, in whole or in part, upon the person’s actual or perceived sex.

Title IX Sex-Based Harassment

Title IX Sex-Based Harassment is a form of sex discrimination and means sexual harassment and other harassment on the basis of sex4,  including sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity; sexual assault, dating violence, domestic violence, and stalking. 

  1. Quid Pro Quo occurs when an employee, agent, or other person authorized by 91 to provide an aid, benefit, or service under the University’s education program or activity explicitly or impliedly conditioning the provision of such an aid, benefit, or service on a person’s participation in unwelcome sexual conduct.
     
  2. Hostile Environment Harassment occurs when unwelcome sex-based conduct that, based on the totality of the circumstances, is subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from the University’s education program or activity (i.e., creates a hostile environment). Whether a hostile environment has been created is a fact-specific inquiry that includes consideration of the following:
    • The degree to which the conduct affected the Complainant’s ability to access the University’s education program or activity;
    • The type, frequency, and duration of the conduct;
    • The parties’ ages, roles within the University’s education program or activity, previous interactions, and other factors about each party that may be relevant to evaluating the effects of the conduct;
    • The location of the conduct and the context in which the occurred; and 
    • Other sex-based harassment in the University’s education program or activity.

Please note that a sex-based hostile environment must be addressed, even when some conduct alleged to be contributing to the hostile environment occurred outside the University’s education program or activity or outside the United States.

  1. Clery Act Offenses5
    • Sexual Assault6,7 is any sexual act directed against the Complainant, without their consent, including instances where the Complainant is incapable of giving consent. Offenses include Rape, Fondling, Incest, and Statutory Rape.
      • Rape is the penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the Complainant. 
      • Fondling8is the touching of the private body parts (e.g., breasts, buttocks, groin) of the Complainant for the purpose of sexual gratification without the consent of the Complainant, including instances where the Complainant is incapable of giving consent because of their age or because of their temporary or permanent mental incapacity.
      • Incest is nonforcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by Rhode Island law. 
      • Statutory Rape is sexual intercourse with a person who is under the statutory age of consent of 16, as per Rhode Island law.9 

    • Dating Violence means violence10, on the basis of sex, committed by a person who is or has been in a social relationship of a romantic or intimate nature with the Complainant; and where the existence of such a relationship shall be determined based on the Complainant’s statement and with consideration of the following factors: 

      • The length of the relationship;
      • The type of relationship; and
      • The frequency of interaction between the persons involved in the relationship.

      For purposes of this definition, dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse. Dating violence does not include acts covered under the definition of domestic violence.

    • Domestic Violence11 includes felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the Complainant, by a person with whom the Complainant shares a child in common, by a person who is cohabitating with or has cohabitated with the Complainant as a spouse or intimate partner, by a person similarly situated to a spouse of the Complainant under the domestic or family violence laws of Rhode Island, or by any other person against an adult or youth Complainant who is protected from that person’s acts under the domestic or family violence laws of Rhode Island.
       
    • Stalking means engaging in a course of conduct, on the basis of sex, directed at a specific person that would cause a reasonable person to fear for the person’s safety or the safety of others or suffer substantial emotional distress. For purposes of this definition:
      • Course of conduct means two or more acts, including, but not limited to, acts in which the Respondent directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property.
      • Reasonable person means a reasonable person under similar circumstances and with similar identities to the Complainant.
      • Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.
         

  2. Sexual Exploitation12 means a person taking non-consensual or abusive sexual advantage of another, that does not constitute Sex-Based Harassment as defined above, for their own benefit or for the benefit of anyone other than the person being exploited.

    Examples of Sexual Exploitation include, but are not limited to:

    • Sexual voyeurism (such as observing or allowing others to observe a person undressing or using the bathroom, or engaging in sexual acts, without the consent of the person being observed);
    • Taking pictures, video, or audio recording of another person in a sexual act without their consent when there is a reasonable expectation of privacy during the activity. This includes dissemination or posting of such materials; and
    • Engaging in sexual activity with another person while knowingly infected with human immunodeficiency virus (HIV) or a sexually transmitted disease (STD) or infection (STI), without informing the other person of the virus, disease, or infection.13  
       

[4] Throughout this Policy, “on the basis of sex” means conduct that is sexual in nature, or that is directed to the Complainant because of his/her/their actual or perceived sex or gender identity.

[5] OCR has consulted with FSA’s Clery Office and advises that to prevent unnecessary confusion and for ease of use, recipients that must comply with Title IX and the Clery Act can use the definitions in the Clery Act regulations for these purposes.

[6] This would include having another person touch you sexually, forcibly, and/or without their consent.

[7] This definition set is not taken from the FBI Uniform Crime Reporting (UCR) system verbatim. This Policy substituted Complainant for “victim,” has removed references to his/her throughout, and has defined “private body parts.”

[8] 2024 Federal Title IX Regulations also includes “causing the Complainant to touch the Respondent’s private body parts” as part of this definition.

[9] R.I. Gen. Laws § 11-37-6

[10] For purposes of this Policy, violence is defined as intentionally or recklessly causing another person physical, emotional, or psychological harm. Legitimate use of violence for self-defense is not chargeable under this Policy because the purpose is safety, not harm. Consensual use of violence, such as in kink relationships, would also not meet this definition, in most circumstances.

[11] To categorize an incident as Domestic Violence under this Policy, the relationship between the Respondent and the Complainant must be more than just two people living together as roommates. The people cohabitating must be current or former spouses or have an intimate relationship.

[12] This offense is not classified under Title IX as “Sex-Based Harassment,” but it included here in this Policy as a tool to address a wider range of behaviors.

[13] R.I. Gen. Laws § 23-11-1

Title IX Retaliation

Neither the University nor any other person may intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by Title IX or the Title IX regulations, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under this Policy.

Intimidation, threats, coercion, or discrimination, including charges against an individual for Code of Conduct violations that do not involve sex discrimination or sexual harassment, but arise out of the same facts or circumstances as a report or complaint of sex discrimination, or a report or complaint of sex-based harassment, for the purpose of interfering with any right or privilege secured by Title IX or this Policy, constitutes retaliation.

Complaints alleging retaliation may be filed according to this Policy. 

Relevant Definitions

Consent is a clear, informed, knowing and voluntary agreement, by word or action, to engage in specific sexual activity. Consent to one type of sexual activity does not equal consent to other types of sexual activity. Consent can be withdrawn at any point during sexual activity, wherein the sexual activity must stop immediately. If an individual expresses conditions on their willingness to consent (e.g., use of a condom) or limitations on the scope of their consent, those conditions and limitations must be respected. A verbal “no” establishes lack of consent. Silence, without clear actions demonstrating permission, cannot be assumed to indicate consent—the absence of “no” does not equal “yes.” Consent cannot be obtained by coercion, force, intimidation, or threat. Consent cannot be given by someone if they are mentally or physically incapacitated. The existence of consent is based on the totality of the circumstances evaluated from the perspective of a reasonable person in the same or similar circumstances, including the context in which the alleged misconduct occurred and any similar and previous patterns that may be evidenced.

The University strongly encourages students who choose to engage in sexual conduct to verbally communicate their intentions and consent as clearly as possible.

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. Coercion is evaluated based on the frequency, intensity, isolation, and duration of the pressure involved.

Complainant is any individual who is alleged to have been subjected to sex-based discrimination or harassment that is prohibited under this Policy. 

Force is the use of physical violence and/or imposing on someone physically to gain sexual access. Force can include intimidation or implied threats to overcome an individual’s resistance or produce consent. There is no requirement that a party resist the sexual advance or request, but resistance is a clear demonstration of non-consent. 

Incapacitation is a state where an individual is temporarily or permanently impaired to the extent where that person can no longer make a rational and informed decision to consent to sexual activity. Incapacitation may be caused by mental or physical disability, or when a person has consumed alcohol or other drugs, including prescribed medication. Individuals who are asleep or unconscious are incapacitated. A person who does not comprehend the “who, what, when, where, why or how” of a sexual interaction may be incapacitated.

Indicators of alcohol-related incapacitation may include, but are not limited to, stumbling or shaky equilibrium, vomiting, slurred speech, bloodshot eyes, smell of alcohol, outrageous or unusual behavior, unconsciousness (for short or long periods of time), elevated blood alcohol level, sleeping, blackout, or loss of memory. 

Intimidation is defined as overt or implied threats or acts that would cause reasonable fear of harm in another.

Preponderance of the Evidence standard is met if the greater weight of the evidence demonstrates that it is “more likely than not” that a violation has occurred. 

Respondent is any individual who is alleged to have violated the University’s prohibition on sex-based discrimination or harassment. 

Academic Freedom

The University is committed to the principles of Academic Freedom as found in the 91 Faculty Contract.14 This Policy is not meant to inhibit or prohibit educational content or discussions inside or outside of the classroom that include germane, but controversial or sensitive, subject matters protected by academic freedom. Reported conduct that is deemed protected under the Academic Freedom policy would not qualify as a Title IX violation, though supportive measures may be offered to those impacted.

[14] See Appendix B of the 91 Faculty Contract.

Confidentiality

The University must keep confidential the identity of any individual who has made a report or complaint of sex-based discrimination or harassment, and any Complainant, Respondent, and Witness, except as may be permitted by federal or Rhode Island state law and the execution of this Policy, including the details of any investigation, hearing, or judicial proceeding arising thereunder.

91 will maintain as confidential any supportive measures provided to the Complainant or Respondent, to the extent that maintaining such confidentiality would not impair the ability of the University to provide the supportive measures.

91 may reveal confidential information as permitted or required by law or to carry out the purposes of this Policy, including conducting any investigation, live hearing, or proceeding arising thereunder.

Parties and Advisors are prohibited from disclosing information obtained by the University through the Resolution Process, to the extent that such information has been produced, compiled, or written by 91 for purposes of its investigation and resolution of a complaint, without 91’s prior authorization. It is also a violation of this Policy to publicly disclose institutional work product that contains a Party or Witness’s personally identifiable information without 91’s prior authorization or such Party’s or Witness’s consent.

Certain types of sex-based harassment are considered crimes for which the University must disclose crime statistics in its Annual Security Report that is provided to the campus community and available to the public.15 In these instances, the University will continue to complete publicly available recordkeeping in accordance with relevant laws, including the Clery Act reporting and disclosures, without the inclusion of personally identifying information about the parties. In addition, 91 will issue “Timely Warnings” in compliance with the Clery Act to alert the campus community about crimes that pose a serious or continuing threat to safety. Timely Warnings may be issued for ongoing or imminent threats, both on- and off-campus, and will aid in the prevention of similar occurrences. The decision to issue a Timely Warning is decided on a case-by-case basis in light of all the facts surrounding an incident, including factors such as the nature of the crime, the continuing threat to the campus community, and the possible risk of compromising law enforcement efforts, and are not limited to crimes being committed by persons not known to the victim.16 

[15] This includes VAWA-based crimes, such as sexual assault, domestic violence, dating violence, and stalking. 42 U.S.C. Sections 13701 through 14040.

[16] See the Timely Warning page for more information. 

Amnesty for Students

The health and safety of every student at 91 is of utmost importance. 91 recognizes that students who have been drinking and/or using drugs (whether such use is voluntary or involuntary) at the time that an incident of violence occurs, including, but not limited to, domestic violence, dating violence, stalking, or sexual assault, may be hesitant to report such incidents due to fear of potential consequences for their own conduct. 91 strongly encourages students to report incidents of violence to University officials. A bystander or a reporting individual acting in good faith, who discloses any incident of violence to 91’s officials or law enforcement will not be subject to disciplinary action under 91’s Code of Conduct for violations of alcohol and/or drug-use policies occurring at or near the time of the commission of the incident of violence.

Options for Reporting Sex-Based Discrimination and Harassment

Title IX Reporting Procedure

Any person (whether or not the person reporting is the person alleged to be the Complainant) may report sex-based discrimination or harassment, in person, by mail, by telephone, by video, or by electronic mail, using the contact information listed for the Title IX Coordinator in Appendix A, or by any other means that results in the Title IX Coordinator receiving the person’s verbal or written report. Such report may be made at any time (including during non-business hours) by using the telephone number or electronic mail address, by mail to the office address, listed for the Title IX Coordinator, or through the . For purposes of this Policy, 91 is deemed to have notice of allegations when such notice of said allegations is made to the Title IX Coordinator or to a Mandated Reporter.17 

Reporting, as described above, provides an opportunity for the Title IX Coordinator to provide information, resources, and supportive measures. While anonymous reporting is an option, it typically limits the University’s ability to investigate, respond, and provide remedies, depending on what information is shared.

A reporting party may request that 91 not investigate and/or adjudicate the report under the complaint procedures described herein. 91 will make all reasonable efforts to honor a reporting party’s request in this regard. However, in certain circumstances, the University may decide to pursue a complaint. These circumstances include, but are not limited to, instances when the University has received multiple reports of misconduct by the same individual or when the conduct reported poses a compelling risk to the health and safety of the University community. Prior to initiating a complaint, the Title IX Coordinator must make a fact-specific determination by considering, at a minimum, the following factors:

  • The Complainant’s request not to proceed with initiation of a complaint;
  • The Complainant’s reasonable safety concerns regarding initiation of a complaint;
  • The risk that additional acts of sex discrimination would occur if a complaint is not initiated;
  • The severity of the alleged sex discrimination, including whether the discrimination, if established, would require the removal of a Respondent from campus or imposition of another disciplinary sanction to end the discrimination and prevent its recurrence;
  • The age and relationship of the parties, including whether the Respondent is an employee of the University;
  • The scope of the alleged sex discrimination, including information suggesting a pattern, ongoing sex discrimination, or sex discrimination alleged to have impact multiple individuals;
  • The availability of evidence to assist a decisionmaker in determining whether sex discrimination occurred; and
  • Whether the University could end the alleged sex discrimination and prevent its recurrence without initiating the grievance procedure.

Upon receiving a report, if the Title IX Coordinator is made aware of the identity of a Complainant, the Title IX Coordinator will make all reasonable efforts to promptly contact the Complainant to discuss the availability of supportive measures, consider the Complainant’s wishes with respect to supportive measures, inform the Complainant of the availability of supportive measures with or without the filing of a complaint, and explain to the Complainant the process for filing a complaint.

Upon receiving a report, if the Respondent is unknown or is not a member of the University, the Title IX Coordinator will make all reasonable efforts to provide the Complainant with supportive measures, as well as information and options regarding potential criminal processes. The Title IX Coordinator may also take appropriate actions to protect the Complainant, such as providing assistance in obtaining no-trespass and no-contact orders. If requested, the University will assist in filing/applying for orders of protection, restraining orders, or similar lawful orders issued by a criminal, civil, or tribal court

[17] See Appendix A.

Option of Confidential Reporting

Individuals have the option to report confidentially through the and/or to speak confidentially with the 91 Counseling Center employees, with 91 Health Services employees, or with other off-campus resources in accordance with law.18

[18] See Appendix A for reporting resources.

Option of Reporting to Law Enforcement

Individuals who have experienced criminal violations are encouraged to report incidents to local law enforcement and have the option to do so. Formal reporting options include contacting the police department in the jurisdiction in which the incident occurred. If a Complainant chooses to report to law enforcement or pursue a criminal process, the Complainant may simultaneously pursue a complaint under this Policy. Individuals are advised that if there is concurrent law enforcement activity, 91, at its sole discretion, may temporarily delay its investigative or adjudicative process.

The University can provide Complainants with information and support in the process of reporting criminal conduct to law enforcement.

Regarding the involvement of law enforcement, the Complainant has several options, including: (1) to notify law enforcement authorities; (2) to be assisted by campus authorities in notifying law enforcement authorities; or (3) to decline to notify such authorities. The University will comply with the Complainant’s request for assistance in notifying law enforcement to the extent it is consistent with law. The Complainant’s choice to report to law enforcement will not impact the provision of supportive measures. 

Interim Actions

Emergency Removal and Administrative Leave

Upon receiving a report that a Respondent engaged in prohibited conduct described in this Policy, 91 reserves the right to remove the Respondent on an emergency basis,19 provided that it conducts an individualized safety and risk analysis, determines that an immediate threat to the physical health or safety of any individual arising from the allegations justifies removal, and provides the Respondent with notice and an opportunity to appeal the decision immediately following the removal.

[19] When the Respondent is a non-student employee, 91 reserves the right to place the non-student employee on an emergency paid or unpaid administrative leave.

Supportive Measures

Supportive measures are non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the Complainant or the Respondent before or after the filing of a complaint or where no complaint has been filed. Such measures are designed to restore or preserve equal access to the University’s education program or activity without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the University’s educational environment, or deter sex discrimination, sex-based harassment, and/or retaliation. 

The Title IX Coordinator is responsible for coordinating the effective implementation of supportive measures upon receiving notice/knowledge or a complaint. At the time that supportive measures are offered, if a complaint has not been filed, the Title IX Coordinator will inform the Complainant, in writing, that they may file a complaint with a Title IX Coordinator either at that time or in the future. The University will work with a Party to ensure that their wishes are considered with respect to any planned and implemented supportive measures. 

91 will maintain as confidential any supportive measures provided to the Complainant or Respondent, to the extent that maintaining such confidentiality would not impair the ability of the University to provide the supportive measures.

Both the Complainant and Respondent involved in either an alternate/informal or a resolution process have a right to receive supportive measures from the University.

Supportive measures include, but are not limited to:

  • Counseling services;
  • Academic modifications; 
  • Housing adjustments, such as:
    • Emergency housing; and
  • Protective Measures, such as: 
    • No contact orders/directives;
    • Increased security and monitoring of certain areas of campus.

Violations of no contact orders or other restrictions may be referred to appropriate student or employee conduct processes for enforcement or included as collateral misconduct allegations (as defined below) to an ongoing complaint under this Policy.

Parties are provided with a timely opportunity to seek modification or reversal of the University’s decision to provide, deny, modify, or terminate supportive measures applicable to them. A request to do so must be made in writing to the Title IX Coordinator. An impartial employee other than the employee who implemented the supportive measures, who has authority to modify or reverse the decision, will determine whether to provide, deny, modify, or terminate the supportive measures if they are inconsistent with the Title IX regulatory definition of supportive measures. The University will also provide the Parties with the opportunity to seek additional modification or termination of supportive measures applicable to them if circumstances materially change. The University typically renders decisions on supportive measures within seven (7) business days of receiving a request and provides a written determination to the impacted party(ies) and the Title IX Coordinator.  

Additional options and resources may be found in Appendix A and on the 91 Title IX website. 

Requirements for Title IX Personnel

Training

The Title IX Coordinator(s), Investigator(s), Decision-Maker(s),20 and Facilitator(s) of alternate/informal resolution processes receive training on: 

  • Prohibited behaviors as defined in this Policy, including Title IX Sex-Based Discrimination and Harassment;
  • The scope of the University’s education program or activity as it relates to Title IX complaints; 
  • How to conduct the alternate/informal resolution process and complaint grievance processes under this Policy, including investigations, live hearings, appeals, and alternate/informal resolution processes as applicable; and
  • How to serve impartially, including by avoiding prejudgment of the facts at issue, conflicts of interest, and bias.

The Decision-Maker(s) receives additional training on:

  • Any technology to be used at a live hearing; and
  • Issues related to relevance of questions and evidence, including when questions and evidence about the Complainant’s sexual predisposition or prior sexual behavior may not be relevant.

 The Investigator(s) receive additional training on:

  • Issues related to relevance in order to create an investigative report that fairly summarizes relevant evidence.

Any materials used to train will not rely on sex or other stereotypes and will promote impartial investigations and adjudications of complaints.

All Title IX training materials can be made available upon request as a part of its recordkeeping in accordance with law.21 

In addition to the aforementioned trainings, 91 also offers primary prevention and awareness programs, as well as educational programs and campaigns for students and employees to promote the awareness of discrimination and harassment, including dating violence, domestic violence, sexual assault and stalking.

As required by the Clery Act, the grievance process will also be implemented by officials who, at a minimum, receive annual training on relevant issues related to sexual assault, dating and domestic violence and stalking and on how to conduct the grievance process.

[20] For purposes of this Policy, the Appeal Officer is a Decision-Maker.

[21] See the "Recordkeeping" section below.

Conflicts of Interest, Bias, and Impartiality

The Title IX Coordinator(s), Investigator(s), Decision-Maker(s), and Facilitator(s) of alternate/informal resolution processes will make all reasonable efforts to ensure that the complaint grievance process is facilitated in an impartial manner.

The Title IX Coordinator(s), Investigator(s), Decision-Maker(s), and Facilitator(s) of alternate/informal resolution processes may not have a conflict of interest or bias for or against Complainants or Respondents generally or an individual Complainant or Respondent.

The parties are expected to promptly report concern(s) regarding conflict of interest or bias regarding the above-listed personnel to the Title IX Coordinator as soon as reasonably possible once they become aware of the conflict of interest or bias. Upon receiving a report of conflict of interest or bias, the University will evaluate the report, and if it is determined that a conflict of interest or bias exists, the University will appoint another individual to serve in the role. 

Alternate / Informal Resolution Process

Overview of Process

Alternate/informal (hereafter simply referred to as “informal”) resolution does not involve a full investigation and adjudication like the grievance process. Rather, the informal resolution process uses restorative justice, mediation, educational conversation, shuttle diplomacy, or other forms of dispute resolution with the goal that the Parties will arrive at a mutually agreed-upon outcome. The informal resolution process cannot be used for cases involving allegations that an employee sexually harassed a student. 

In order to engage in an informal resolution process, the Complainant must first file a complaint with the Title IX Coordinator,22 the process must be deemed appropriate for informal resolution by the Title IX Coordinator, and the Complainant and Respondent must voluntarily consent in writing to participate in the process.

To complete the informal resolution process, both Parties must voluntarily agree to the outcome with the understanding that the outcome is final and will not be subject to further procedures under this Policy, unless there is material evidence to show that a Party engaged in misrepresentation or fraudulent conduct that impacted the resolution.

Both Parties reserve the right to terminate the informal resolution process and may move forward with the grievance process any time prior to resolution. Such termination must be provided to the Title IX Coordinator in writing.

[22] See Filing a Complaint described in the “Complaint Overview” section. 

Written Notice to the Parties

Prior to initiating an informal resolution process, the Title IX Coordinator will provide written notice to the Parties that includes:

  • The allegations alleged by the Complainant;
  • The requirements of the informal resolution process, including the circumstances under which the Parties are precluded from resuming a complaint arising from the same allegations; provided, however, that at any time prior to agreeing to a resolution, any Party has the right to withdraw from the informal resolution process and move forward with a complaint grievance process; and
  • Any consequences resulting from participating in the informal resolution process, including the records that will be maintained or could be shared.

Complaint Overview 

Filing a Complaint

A complaint is an oral or written request by a Complainant or Title IX Coordinator that can objectively be understood as a request for the University to investigate and make a determination about the alleged Policy violation(s).23 At the time of the alleged misconduct, a Complainant must be participating in or attempting to participate in the education program or activity of the University. For purposes of this Policy, employment by the University constitutes participation in the education program or activity.

A complaint may be filed with the Title IX Coordinator in person, by mail, by telephone, by video, or by electronic mail, or by any other means that results in the Title IX Coordinator receiving the person’s verbal or written report.24 Where the Title IX Coordinator initiates a complaint, the Title IX Coordinator is not a Complainant or otherwise a Party.

[23] Unless the Parties have met the requirements described in the “Alternate/Informal Resolution Process” section and chosen to proceed with an informal resolution process as described herein, the University will evaluate the request for an investigation.

[24] See Appendix A for contact information.

Consolidation of a Complaint

91 may consolidate complaints against more than one Respondent, or by more than one Complainant against one or more Respondents under this Policy when allegations arise out of the same facts or circumstances, or implicate a pattern, collusion, and/or other shared or similar actions. In addition, a complaint of retaliation described herein may be consolidated with a complaint of sex-based discrimination or harassment under Title IX. Where the resolution process involves more than one Complainant or more than one Respondent, references made to the singular “Party,” “Complainant,” or “Respondent” include the plural, as applicable. 

Collateral Misconduct

Collateral misconduct is defined to include potential violations of other University policies that arise through the course of the investigation, for which it makes sense to provide one resolution for all allegations. Thus, the collateral allegations may be charged along with potential violations of the Policy, to be resolved jointly under these procedures. In such circumstances, the Title IX Coordinator may consult with University officials who typically oversee such conduct (e.g., Human Resources, Student Conduct, Academic Affairs) to solicit their input as needed on what charges should be filed, but the exercise of collateral charges under these procedures is within the discretion of the Title IX Coordinator.

Counter-complaint

Counter-complaints will be processed using the resolution process outlined herein. In 91’s discretion, investigation of such claims may take place after resolution of the underlying initial complaint, in which case a delay may occur, or alternatively, counterclaims may be resolved through the same investigation as the underlying complaint.

The grievance process may not be used for retaliatory purposes. Counter-complaints made with retaliatory intent or with false and/or misleading information will not be permitted and may constitute a violation of this Policy and be subject to discipline.

Initial Assessment of a Complaint

Upon receipt of a complaint, the Title IX Coordinator will evaluate whether the alleged conduct, if proven, would reasonably constitute a Title IX violation because it meets or could meet the definition of Title IX Sex-Based Discrimination or Harassment and occurred or could have occurred within the jurisdiction and scope required by Title IX as described herein.25 If the Title IX Coordinator determines that the conduct alleged in the complaint, if proven, would meet the aforementioned requirements, then the complaint will be investigated and adjudicated in accordance with the procedures outlined in this Policy. If the Title IX Coordinator determines that the conduct alleged in the complaint, if proven, would not meet the aforementioned requirements, then the complaint will follow the dismissal process described below and may, if appropriate, be referred to another University office. 

[25] If circumstances require, a designee may oversee the resolution process should an allegation be made about the Title IX Coordinator or the Title IX Coordinator is otherwise unavailable, unable to fulfill their duties, or has a conflict of interest.

Dismissal of a Complaint and Acknowledgment of Responsibility

The University may dismiss a complaint if, at any time during the investigation or resolution process, one or more of the following grounds are met: 

  • 91 is unable to identify the Respondent after taking reasonable steps to do so;
  • 91 no longer enrolls or employs the Respondent;
  • A Complainant voluntarily withdraws any or all of the allegations in the complaint, and the Title IX Coordinator declines to initiate a complaint; and/or
  • 91 determines the conduct alleged in the complaint would not constitute a Policy violation, if proven.

A dismissal of a complaint under Title IX may be resolved through other means outside of Title IX, including the University’s conduct process and procedures. Upon the decision to dismiss a complaint, Parties will be notified in writing and will be given the opportunity to appeal the dismissal.26  

Upon any dismissal, the Complainant will receive written notification of the dismissal and the rationale for doing so. If the dismissal occurs after the Respondent has been made aware of the allegations, they will also be notified.

At any point in the proceedings, if a Respondent elects to admit to the charged violations and waive further process, the Decision-Maker is authorized to accept that admission, adopt it as their finding/final determination, and administer sanctions. This would waive the Respondent’s right to appeal. If the Respondent rejects the finding/final determination/sanctions, or does not admit to all conduct charged, the resolution process continues to its conclusion. The Complainant retains their right to appeal a determination when a Respondent admits responsibility.

[26] Please see “Appeals” section below. 

Complaint Grievance Process: Overview

Once a complaint (as defined above) is filed, and the Title IX Coordinator has conducted the initial assessment and determined that the alleged conduct may proceed under this Title IX policy, the grievance process will commence.27 The grievance process will include written notice of allegations, an investigation with interviews of all Parties and relevant Witnesses, a live hearing that includes all Parties and relevant Witnesses led by a Decision-Maker, a written determination of responsibility, and the option for appeal.

91 will make all reasonable efforts to provide a prompt, equitable, fair and impartial resolution of student and employee complaints,28 including providing a grievance process that treats Complainants and Respondents equitably by providing remedies to a Complainant where a determination of responsibility has been made against the Respondent, and by following its grievance process before imposition of any disciplinary sanctions or other actions that are not supportive measures. Remedies will be designed, where possible, to restore or preserve equal access to the University’s education program or activity. Such remedies may include the same individualized services offered as supportive measures; however, remedies need not be non-disciplinary or non-punitive and need not avoid burdening the Respondent.

[27] Unless the Parties have met the requirements to proceed with an alternate/informal resolution process as described herein. 
[28] As defined under Title IX and in the Clery Act.

Witnesses

Employees (not including Complainant and Respondent) are required to cooperate with and participate in the University’s investigation and grievance process. Student Witnesses and Witnesses from outside the 91 community cannot be required to participate but are encouraged to cooperate with the University’s investigations and to share what they know about a complaint.

Interviews may be conducted in person, via online video platforms, or, in limited circumstances, by telephone. The University will take appropriate steps to ensure the security/privacy of remote interviews.

Parties and Witnesses may also provide written statements in lieu of interviews or choose to respond to written questions, if deemed appropriate by the Investigator(s), though not preferred.

Advisors

The Complainant and the Respondent are entitled to the same opportunity to be accompanied to any related meeting or proceeding by the Advisor of their choice, who may be, but is not required to be, an attorney; and the University may not limit the choice or presence of an Advisor for either the Complainant or Respondent in any meeting or grievance proceeding. The Title IX Coordinator will offer to assign a trained Advisor to any Party, if they choose.

Parties may elect to change Advisors during the process, and a Party is not obligated to use the same Advisor throughout. Parties are expected to provide the Title IX Coordinator with timely notification if they change Advisors. If a Party changes Advisors, consent to share information with the previous Advisor is assumed to be terminated, and a release for the new Advisor must be submitted.

The University may permit Parties to have more than one Advisor, or an Advisor and a support person, upon special request to the Title IX Coordinator. The decision to grant this request is at the Title IX Coordinator’s sole discretion and will be granted equitably to all Parties.

Notwithstanding the foregoing, the Advisor is expected to advise ethically, with integrity, and in good faith, and must comply with the restrictions established by the University regarding the extent to which the Advisor may participate in the proceedings. The restrictions are set forth below.

  • Meetings and Investigation Interviews: Advisors may not speak for or on behalf of any Complainant or Respondent during any meetings and/or investigation interviews. While an Advisor cannot speak for or on behalf of the Complainant or Respondent during any meetings and/or investigation interviews, time will be granted for the Advisor and the Party to confer, if deemed appropriate, by the Investigator or University personnel facilitating any meeting. The Investigator and University personnel reserve the right to exclude an Advisor from any meeting or investigation interview for failure to abide by these restrictions.
  • Live Hearings: Parties may have an Advisor present at the Title IX live hearing. If a Complainant or Respondent does not have an Advisor present at the live hearing, the University will provide one if requested. The University reserves sole discretion to select the Advisor to provide under these circumstances. The Advisor selected by the University will be provided without cost to the Complainant or Respondent. It is the expectation of the University that the Advisor will at all times act in a respectful and non-aggressive manner. The Decision-Maker reserves the right to exclude an Advisor from the live hearing for failure to abide by these restrictions. Should an Advisor be excluded from the live hearing, the Party will be able to choose a new Advisor, or one will be provided by the University. 

Advisors are required to follow all procedures described in this Policy. In a situation where an Advisor engages in a material violation of this Policy or does not abide by reasonable instruction from the Title IX Coordinator(s), Investigator(s), Decision-Maker(s), or other University personnel, 91 reserves the right to either limit or preclude the Advisor from participation in the complaint grievance process. In the circumstance where an Advisor is precluded from future participation, the Party may select a new Advisor of their choice or the University will provide an Advisor for them. 

Privileged Information

The University will not require, allow, rely upon, or otherwise permit questions or use of evidence that constitutes, or seek disclosure of, information protected under a legally recognized privilege. Notwithstanding the foregoing, if a person holding such a privilege has waived the privilege, then the information may be used during an investigation or live hearing.

In gathering evidence, the University will not access, consider, disclose, or otherwise use a Party’s records that are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in the professional’s or paraprofessional’s capacity, or assisting in that capacity, and which are made and maintained in connection with the provision of treatment to the Party, unless the University obtains that Party’s voluntary, written consent to do so.

Evidentiary Considerations

The Investigator(s) and the Decision-Maker(s) will only consider evidence that is deemed relevant and not otherwise impermissible.

Relevant evidence is that which may aid in determining whether the allegation occurred, or whether the behavior constitutes a violation of this Policy.  

Impermissible evidence is defined as evidence that relates to the Complainant’s sexual interests or prior sexual conduct, unless:

  • Evidence about the Complainant’s prior sexual conduct is offered to prove that someone other than the Respondent committed the alleged conduct, or 
  • Evidence about specific incidents of the Complainant’s prior sexual conduct with the Respondent is offered to prove consent.

The fact of prior consensual sexual conduct occurred between the Complainant and Respondent does not by itself demonstrate or imply the Complainant’s consent or preclude a determination that sex-based harassment occurred.

Previous disciplinary action of any kind involving the Respondent may not be considered unless there is an allegation of a pattern of misconduct. Such information may also be considered in determining an appropriate sanction upon a determination of responsibility. Barring a pattern allegation, this information is only considered at the sanction stage of the process and is not shared until then.

Written Notice of Allegations

Upon receiving a complaint, the Title IX Coordinator will provide written notice to all known Parties that includes: 

  • The University’s grievance process, including any alternate/informal resolution process;
  • The allegations alleged by the Complainant, including sufficient details known at the time, and allowing sufficient time for a Respondent to prepare a response before any initial interview. “Sufficient details” include the identities of the Parties involved, if known; the conduct allegedly constituting the sex-based discrimination or harassment, if known; and the date and location of the alleged incident(s), if known;
  • A statement that the Respondent is presumed not responsible for the alleged conduct unless and until the evidence supports a different determination at the conclusion of the grievance process;
  • Information regarding the Parties’ right to have an Advisor of their choice who may accompany them through all steps of the grievance process, who may be, but is not required to be an attorney;
  • A statement that the Parties may inspect and review evidence as described in the “Investigation” section of this Policy;29 
  • A statement that retaliation is prohibited; and
  • A statement that 91 prohibits knowingly making false statements or knowingly submitting false information at any point in the grievance process. Individuals who engage in this misconduct may be subject to disciplinary actions.30 Disciplinary action pursued against a Party for knowingly making false statements or submitting false information does not constitute retaliation prohibited under this Policy; provided, however, that a determination regarding responsibility, alone, is not sufficient to conclude that any Party made a materially false statement or provided materially false information.

If in the course of an investigation, 91 decides to investigate allegations about the Complainant or Respondent that are not included in the written notice of allegations described above, the Title IX Coordinator will provide written notice of the additional allegations to the Parties whose identities are known.

[30] See the “Investigation” section below.

[30] See Code 9. "Dishonesty" of the Student Code of Conduct. 

Grievance Process: Investigation

Overview of the Investigative Process

Once a complaint is filed, and the Title IX Coordinator has conducted the initial assessment and determined that the alleged conduct may proceed under this Title IX Policy, the Title IX Coordinator will appoint an Investigator to conduct a thorough, reliable, impartial, prompt, and fair investigation into the allegations.31 

The Investigator will contact the Parties whose participation is invited or expected for an investigative interview and will provide written notice of the date, time, location, participants, and purpose of the meeting. Parties will be given reasonably sufficient time to prepare to participate.

After an interview, Parties and Witnesses will be asked to verify the accuracy of their interview summary with the Investigator. At that time, they may make changes, edits, or clarifications.

The Investigator will make all reasonable efforts to complete the investigative report within sixty (60) business days, though some investigations may take longer depending on issues such as the nature, extent, and complexity of the allegations, Witness availability, law enforcement involvement, and other factors. The Parties will receive regular updates on the progress of the grievance process, as well as notification and a rationale for any extensions or delays, and an estimate of how much additional time will be needed to complete the overall process. In the event of a delay, the University will implement and maintain supportive measures for the Parties as deemed appropriate.

If a Party or Witness chooses not to participate in the grievance process or becomes unresponsive, the University reserves the right to continue without their participation to ensure a prompt resolution. Non-participatory or unresponsive Parties retain the rights outlined in this Policy and the opportunity to participate in the grievance process.

The Parties and their Advisors are not authorized to disseminate any portion of the investigative report provided to them to any other person or entity, through any electronic or hardcopy means. Doing so is prohibited under this Policy.

Unauthorized video or audio recordings of investigative interviews are not permitted by the Parties or their Advisors.

[31] The appointed Investigator will meet standards set out in the “Requirements for Title IX Personnel” section above.

Equal Opportunity Given to the Parties

All Parties have an equal opportunity to present Witnesses, including fact and expert Witnesses, and other inculpatory and exculpatory evidence.

Both the Complainant and the Respondent have the right to meet separately with the Investigator.

Both the Complainant and the Respondent are permitted to provide names of potential Witnesses to the Investigator. The Investigator will determine which of those potential Witnesses, or other persons, may have relevant information about the alleged conduct; and the Investigator may request statements, either orally or in writing.

Both the Complainant and the Respondent are permitted to provide other relevant evidence to the Investigator. For instance, evidence may include any facts or information presented in support of or opposition to an allegation, including, but not limited to, text messages, email exchanges, timelines, receipts, photographs, etc. The Investigator may also consider additional documents, items, or other relevant information.

All Parties will be given an equal opportunity to inspect and review any evidence obtained as a part of the investigation that is directly related to the allegations raised in the complaint. This includes evidence that the University does not intend to rely upon in reaching a determination regarding responsibility and inculpatory or exculpatory evidence, whether obtained from a Party or other source, so that each Party can meaningfully respond to the evidence prior to the conclusion of the investigation.

Review of Evidence

All Parties must submit to the Investigator any evidence that they would like the Investigator to consider prior to the completion of the investigative report.

Prior to the completion of the investigative report, the University will send to each Party and the Party’s Advisor, if any, the evidence subject to the Parties’ inspection and review in an electronic or hardcopy format. (Note: All evidence that was subject to the Parties’ inspection and review also will be made available at the live hearing to give each Party equal opportunity to refer to such evidence during the live hearing, including for purposes of questioning.)

Each Party will be given a review and comment period of seven (7) days so that each Party may meaningfully respond to evidence, which the Investigator will consider prior to completion of the investigative report. The Parties may elect to waive all or part of that review period. 

Completion of the Investigative Report

Either after the Investigator receives the Parties’ written responses or after the seven (7) day time limit has expired, the Investigator will create an investigative report that fairly summarizes the relevant evidence.

Prior to the live hearing, the Investigator will send a copy of the investigative report in an electronic or hardcopy format to each Party, their Advisors, and the Title IX Coordinator. The Parties will be given the opportunity to review the investigative report and provide a written response.

Grievance Process: Live Hearing

Role of the Decision-Maker(s)

Shortly after receiving the final investigative report, the Title IX Coordinator will appoint one or more Decision-Makers to conduct the live hearing. If more than one Decision-Maker is appointed, the Decision-Makers will work together to make determinations during the live hearing regarding relevancy, responsibility, and sanctions.

The Decision-Maker(s) will be provided electronic and/or hardcopy versions of the final investigative report, including all relevant but not impermissible evidence, including the names of all Parties, Witnesses, and Advisors, in advance of the hearing.

The Complainant and Respondent will be notified of the identity/identities of the Decision-Maker(s) prior to the live hearing. If any Party has concern(s) of potential bias or conflict of interest in regard to a particular Decision-Maker, the Party must alert the Title IX Coordinator of said concern(s) no later than two days prior to the live hearing. Decision-Maker(s) must recuse themselves if such bias or conflict of interest exists. Upon receiving a report of bias or conflict of interest, the University will evaluate the report, and if it is determined that a conflict of interest or bias exists, the University will appoint another individual to serve in the role. Perceptions of bias or conflict are not sufficient to cause removal and replacement of a Decision-Maker. 

Prior to the live hearing, at the discretion of the University, the Decision-Maker(s) may schedule a preliminary conference with each of the Parties and their Advisors to provide an overview of the live hearing procedures.

The Decision-Maker will offer to convene a pre-hearing meeting(s) with the Parties and their Advisors and invite them to submit the questions or topics they wish to ask or discuss at the hearing. This allows the Decision-Maker to consider their relevance ahead of time. However, this advance review opportunity does not preclude the Parties from submitting a question at the hearing for the first time.

The Decision-Maker will work with the Parties to finalize a Witness list for the hearing, and the Title IX Coordinator will notify any Witnesses of the hearing’s logistics. The Decision-Maker, only with the agreement of all Parties, may decide in advance of the hearing that certain Witnesses do not need to be present if their testimony can be adequately summarized by the Investigator(s) in the final investigation report, and their presence is not essential to assess their credibility.

Pre-hearing meeting(s) will not be recorded. The pre-hearing meetings will typically be conducted as separate meetings with each Party/Advisor, and can be done remotely, or as a written communication exchange.

Live Hearing Scheduling and Notice

Promptly after receiving the Parties’ written responses, a Decision-Maker (who will be the Hearing Chair when more than one Decision-Maker is appointed) will provide the Parties, their Advisors, and Witnesses with written notice of the live hearing date, time, and location. Typically, the live hearing will take place no sooner than five (5) business days from delivery of this notice.32 Parties will be asked to inform the Decision-Maker right away if there is a scheduling conflict that would make it impossible to attend the hearing.

Hearings for possible violations that occur near or after the end of an academic term (assuming the Respondent is still subject to this Policy) and are unable to be resolved prior to the end of term will typically be held immediately after the end of the term, including during the summer, as needed, to meet the University’s resolution timeline and ensure a prompt resolution. Employees, including Parties and Witnesses, who do not work on a twelve-month schedule may be expected to participate in grievance processes that occur during the interim periods between employment.

If any Party or Witness does not appear at the scheduled hearing, the hearing may be held in their absence. For compelling reasons, the Title IX Coordinator or Decision-Maker may reschedule the hearing at their discretion.

[32] Once mailed, emailed, and/or received in person, notice will be presumptively delivered.

Live Hearing Location and Attendance

At the request of either Party, the University will provide for the live hearing to occur with the Parties located in separate rooms. Live hearings may be conducted with all Parties physically present in the same geographic location, or, at the Title IX Coordinator’s discretion, any or all Parties, Witnesses, and other participants may appear at the live hearing virtually. In either of the aforementioned situations, the University will provide technology that enables the participants to simultaneously see and hear each other.

The only persons permitted to attend the live hearing are the Parties, their Advisors, the Witnesses, anyone providing authorized accommodations, interpretation, and/or assistive services, designated University personnel, and anyone else deemed necessary by the Decision-Maker or Title IX Coordinator. Witnesses are only to be in attendance at the live hearing during the time in which they are offering information or answering questions. Otherwise, the Witnesses are to be waiting in a designated room (or virtual room) until called upon.

Recording of Live Hearing

The University will create an audio or audiovisual recording, or transcript of any live hearing (not deliberations). The choice of whether it is an audio or audiovisual recording, or transcript is made in the sole discretion of the University. No unauthorized audio or video recording of any kind is permitted.

The Parties, Decision-Makers, and other appropriate University officials will be permitted to review the recording or transcript upon request to the Title IX Coordinator. In compliance with applicable disability laws, the University will ensure that all Parties are properly accommodated with respect to use of technology and reliance on visual, audio, or written communication. No unauthorized disclosure, including sharing, copying, or distribution of the recording or transcript is permitted. 

Standard of Proof

Preponderance of the evidence is the standard of proof to be used to determine whether a Policy violation occurred. This is the standard of proof that will be applied to all complaints of prohibited conduct described in this Policy, regardless of whether the Respondent is a student or employee of the institution.

Questioning During Title IX Live Hearings

At the Title IX live hearing, the Decision-Maker(s) will engage in questioning of the Parties and Witnesses.

Parties may suggest questions to be posed by the Decision-Maker during the pre-hearing meetings or by submission of written questions during the hearing. The method of submitting questions to the Decision-Maker will be specified by the Decision-Maker during the pre-hearing meetings.

Before a Party or Witness answers a question, the Decision-Maker (who will be the Hearing Chair when more than one Decision-Maker is appointed) must first determine whether the question is relevant and explain any decision to exclude a question as not relevant. The Decision-Maker has complete discretion to make relevancy determinations.

The Decision-Maker(s) is prohibited from drawing an inference regarding the determination of responsibility based solely on a Party’s or Witness’ absence from the live hearing or refusal to answer questions.

Introduction of New Witnesses

Any Witness scheduled to participate in the hearing must have been first interviewed by the Investigator(s), unless: 

  • All Parties and the Decision-Maker assent to the new Witness’s participation in the hearing without remanding the complaint back to the Investigator;
  • The Decision-Maker deems the evidence presented by the new Witness to be relevant, not impermissible, and not information already established in the record; and 
  • The Witness’s late involvement was not the result of bad faith by the Witness, the Parties, or others.

If the above criteria are not met, but the Witness’s evidence is deemed relevant, not impermissible, and not duplicative, the Decision-Maker may, at their discretion, engage in any of the following actions: 

  • Delay the hearing.
  • Provide the Parties with at least five (5) business days to review the relevant portions of the new Witness’s statements, if such statements are submitted.
  • Remand the complaint back to the Investigator for further investigation or verification.
  • Allow the Parties to review and comment on the testimony of the new Witness.

If the evidence is deemed not relevant or impermissible, the Decision-Maker may proceed with the hearing absent the new Witness’s participation.

Introduction of New Evidence

The Parties must provide all evidence to the Investigator(s) prior to completing the final investigation report. Evidence offered after that time will be evaluated by the Decision-Maker for relevance. If deemed relevant and not impermissible, the evidence will be admitted into the record. If the evidence is deemed not relevant or impermissible, the Decision-Maker may proceed with the hearing absent the new evidence.

Grievance Process: Written Determination of Responsibility

At the conclusion of the live hearing, the Decision-Maker(s) will deliberate in closed session to determine whether the Respondent is responsible for the alleged Policy violation(s) based on the preponderance of the evidence standard described herein. In addition, the Decision-Maker(s) will not make any credibility determinations based on a person’s status as a Complainant, Respondent, or Witness. If a panel is used, a simple majority vote is required to determine the finding.

When there is a finding of responsibility for one or more of the allegations, the Decision-Maker may then consider any previously submitted impact and/or mitigation statement(s) provided by the Parties in determining appropriate sanction(s).33 The Title IX Coordinator will ensure that any submitted statements are exchanged between the Parties if they are viewed by the Decision-Maker. Impact/mitigation statements do not influence the finding, they only potentially influence the sanctions.

Upon a determination of responsibility, the Decision-Maker(s) simultaneously issue a written determination regarding responsibility to both Parties.

The written determination regarding responsibility will include: 

  • Identification of the allegations potentially constituting prohibited conduct;
  • A description of the procedural steps taken from the receipt of the complaint through the determination, including any notifications to the Parties, interviews with Parties and Witnesses, site visits, methods used to gather other evidence, and live hearings held;
  • Findings of fact supporting the determination;
  • Conclusions regarding the application of relevant policies to the facts;
  • A statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility, any disciplinary sanctions imposed on the Respondent, and whether remedies designed, where possible, to restore or preserve equal access to the University’s education program or activity will be provided by the University to the Complainant; and
  • The University’s procedures and permissible bases for the Complainant or Respondent to appeal.

The determination of responsibility will be deemed final on either of the following dates:

  • If an appeal is filed, the date that the Appeal Officer34 provides the Parties with the written determination of the result of the appeal; or
  • If an appeal is not filed, the date on which an appeal would no longer be considered timely. 

[33] See “Impact Statements” section below.

[34] The Appeal Officer will be the Vice President for Student Life or designee, as indicated in the written determination of responsibility. See Appendix A for contact information. 

Impact Statements

Parties may submit an impact and/or mitigation statement to the Title IX Coordinator that the Decision-Maker(s) will review during any sanction determination. Upon receipt of an impact and/or mitigation statement, the Title IX Coordinator will review to determine whether any immediate needs exist. The Title IX Coordinator will only provide the impact statements to the Decision-Maker(s) if they determine that there is a Policy violation. When the Title IX Coordinator shares the impact statements with the Decision-Maker(s), they will also be shared with the Parties.

Grievance Process: Remedies and Disciplinary Sanctions

Remedies will be designed, where possible, to restore or preserve the Complainant’s equal access to the University’s education program or activity. Disciplinary actions may range from warnings to University dismissal or termination, depending on the magnitude and specifics of the violation. The types of prohibited conduct described in this Policy are all serious offenses, and such violations are subject to any combination of conduct remedies or sanctions listed below.

The Title IX Coordinator is responsible for effective implementation of any remedies.

Possible remedies and disciplinary sanctions are described in Appendix B.

Grievance Process: Appeals

Both Parties have the option to appeal a dismissal of a complaint and/or the determination regarding responsibility on the following bases:

  1. A procedural irregularity that affected the outcome of the matter;
  2. New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter; and
  3. The Title IX Coordinator, Investigator(s), or Decision-Maker(s) had a conflict of interest or bias for or against Complainants or Respondents generally or the individual Complainant or Respondent that affected the outcome of the matter. If it is found that a Party was aware of a potential bias or conflict of interest prior to the determination regarding responsibility and the Party knowingly withheld that information from the University, the Party will not be permitted to raise that allegation of bias or conflict of interest on appeal. 

All appeals must be submitted in writing and authored by the Complainant or Respondent, not their Advisor, to the Appeal Officer within five (5) days of receiving the written determination of responsibility.

Within seven (7) business days of receiving the written appeal, the Appeal Officer will review the appeal to determine whether it falls within one of the three bases for appeal as described above. If it does, the University will promptly notify the other Party when a valid appeal is filed and will implement appeal procedures equally for both Parties. If it does not meet the appeal criteria, the appealing Party will be notified in writing.

The other Party will be given five (5) business days from the date of notification of the appeal to submit to the Appeal Officer a written response to the appeal.

Either after receiving the other Party’s written response to the appeal, or after the time for the other Party to submit a written response has expired, the Appeal Officer will make a determination regarding the outcome of the appeal within seven (7) business days.

Upon a determination of the outcome of the appeal, the Appeal Officer will provide written notice of the decision to both Parties and will make all reasonable efforts to simultaneously notify said Parties. This written notice will describe the rationale for the result of the appeal.

The University will ensure that the Appeal Officer is not the Investigator, Title IX Coordinator, or the Decision-Maker(s) who made the decision regarding responsibility and/or sanctioning.35 

[35] The Appeal Officer will abide by the procedures described in the “Requirements for Title IX Personnel” section above.

Potential Delays in the Informal Resolution or Grievance Processes

91 will make all reasonable efforts to abide by the timelines described throughout this Policy. If the timeline for any stage of the alternate/informal resolution process or the complaint grievance process must be changed, the Complainant and Respondent will receive written notice of the temporary delay or limited extension of timelines and the reasons for the change. Possible reasons for temporary delays or extensions of timelines include, but are not limited to, the absence of a Party or a Party’s Advisor, concurrent law enforcement activity, the need for language assistance or accommodation of disabilities, etc. 

Request for Extensions of Timelines from the Parties

If a Party has good cause and needs an extension during the complaint grievance process, they can contact the Title IX Coordinator to request such extension. It is within the Title IX Coordinator’s discretion to grant such a request. In the case that an extension is granted, the same extension will be given to the other Party. 

Time Limits

There is no time limit on reporting violations of this Policy, although the University’s ability to respond fully may be limited with the passage of time.

Written Explanation of Rights and Options

When an individual reports any allegation(s) of sexual assault, dating violence, domestic violence, or stalking, whether the offense occurred on or off campus, the University will provide the individual with a written explanation of rights and options.

Recordkeeping

91 will document and maintain in University records for a period of seven (7) years the following:

  • All materials used to train Title IX Coordinator(s) and designees, Investigator(s), Decision-Maker(s), Appeal Officer(s), Facilitator(s) of alternate/informal resolution processes, and any person who is responsible for implementing the University’s resolution or grievance process, or who has the authority to modify or terminate supportive measures. The University will make these training materials publicly available upon request;
  • All materials used to train all employees consistent with the requirements in the Title IX regulations;
  • Any alternate/informal resolution and the results therefrom;
  • Any actions, including any supportive measures, taken in response to a report or complaint of sex-based discrimination or harassment. In each instance of actions taken in response to Title IX reports or complaints, the University will document the basis for its conclusion that its response was not deliberately indifferent, and document that it has taken measures designed to restore or preserve equal access to the University’s education program or activity. If the University does not provide a Complainant in Title IX cases with supportive measures, then the University must document the reasons why such a response was not clearly unreasonable in light of the known circumstances;
  • Each sex-based discrimination or harassment grievance process, including any determination regarding responsibility and any audio or audiovisual recording, or transcript of the live hearing;
  • Any disciplinary sanctions imposed on the Respondent, and/or any remedies provided to the Complainant designed, where possible, to restore or preserve equal access to the University’s education program or activity; and
  • Any appeal and the result therefrom.

Accommodations and Support during the Informal Resolution and Grievance Processes

Parties should contact the Title IX Coordinator at least five (5) business days prior to the hearing to arrange any disability accommodations, language assistance, and/or interpretation services that may be needed at the hearing, if possible.

Disability Accommodations

91 is committed to providing reasonable accommodations and support to qualified students, employees, or others with disabilities to ensure equal access to the University’s resolution and grievance processes.

Anyone needing such accommodations or support should contact the Title IX Coordinator, who will work with Student Accessibility Services (SAS), as appropriate to review the request and, in consultation with the person requesting the accommodation, determine which accommodations are appropriate and necessary for full process participation.

Other Support

91 will also address reasonable requests for support for the Parties and Witnesses, including:

  • Language services/interpreters;
  • Access and training regarding use of technology throughout the resolution or grievance process; and
  • Other support as deemed reasonable and necessary to facilitate participation in the process.

Failure to Comply with Sanctions, Responsive Actions, and/or Resolution Terms

All Respondents are expected to comply with the assigned sanctions, responsive actions, corrective actions, and/or informal resolution terms within the timeframe specified by the final Decision-Maker(s), including the Appeal Panel or Decision-Maker or the informal resolution agreement.

Failure to abide by the sanction(s)/action(s) imposed by the date specified, whether by refusal, neglect, or for any other reason, may result in additional sanction(s)/action(s), including suspension, expulsion, and/or termination from the University.

Supervisors are expected to enforce the completion of sanctions/responsive actions for their employees.

A suspension imposed for non-compliance with sanctions will only be lifted when compliance is achieved by the Title IX Coordinator’s satisfaction.  

Additional Information

Bystander Intervention refers to safe and positive options that may be carried out by an individual(s) to prevent harm or intervene when there is a risk of discrimination or sex-based harassment, including sexual assault, dating and domestic violence, or stalking, against a person(s) other than the individual. Safe and positive options for bystander intervention include: recognizing prohibited conduct and situations of potential harm; understanding institutional structures and cultural conditions that facilitate violence; overcoming barriers to intervening; and identifying effective ways to intervene and take action, provided that the intervention or action can be undertaken in a way that ensures the safety of the bystander. For more information about bystander intervention contact Dr. Jen Stanley (jstanley@rwu.edu; 401-254-3123). A description of the University’s educational and primary prevention and awareness programs, including bystander intervention, can be found in the University’s most recent Annual Security Report.

Risk Reduction is defined as options designed to decrease perpetration and bystander inaction, increase empowerment in order to promote safety, and help individuals and communities address conditions that facilitate violence. A description of the University’s educational and primary prevention and awareness programs, including risk reductions, can be found in the University’s most recent Annual Security Report.

Preserving Evidence: In cases of sexual violence, including sexual assault, dating and domestic violence, and stalking, as defined herein, it is critical that the Complainant preserve evidence because doing so may assist in proving that the alleged behavior occurred and/or may be helpful in obtaining a protective order.36 

Resources: The University will provide written notification about existing resources and services, which may include counseling, health, mental health, advocacy, legal assistance, visa and immigration assistance, student financial aid, and other resources and services that may be available at the University and in the community. The written information may include options for, available assistance in, and how to request changes to academic, living, transportation, and working situations; or protective measures. The University will make requested adjustments and protective measures if they are reasonably available, regardless of whether a report is made to Public Safety or local law enforcement.

Violations of Rhode Island State Law: Individuals may also wish to pursue criminal charges through local law enforcement. Below are relevant violations under Rhode Island General Law: 

  • First-Degree Sexual Assault (RIGL § 11-37-2):A person is guilty of first-degree sexual assault if he or she engages in sexual penetration with another person, and if any of the following circumstances exist: (1) The accused, not being the spouse, knows or has reason to know that the victim is mentally incapacitated, mentally disabled, or physically helpless. (2) The accused uses force or coercion. (3) The accused, through concealment or by the element of surprise, is able to overcome the victim. (4) The accused engages in the medical treatment or examination of the victim for the purpose of sexual arousal, gratification, or stimulation.
  • Second-Degree Sexual Assault (RIGL § 11-37-4): A person is guilty of second-degree sexual assault if he or she engages in sexual contact with another person and if any of the following circumstances exist: (1) The accused knows or has reason to know that the victim is mentally incapacitated, mentally disabled, or physically helpless. (2) The accused uses force, element of surprise, or coercion. (3) The accused engages in the medical treatment or examination of the victim for the purpose of sexual arousal, gratification, or stimulation.
  • Third-Degree Sexual Assault (RIGL § 11-37-6): A person is guilty of third-degree sexual assault if he or she is over the age of eighteen (18) years and engaged in sexual penetration with another person over the age of fourteen (14) years and under the age of consent, sixteen (16) years of age.
  • Stalking (RIGL § 11-59-2): Any person who: (1) harasses another person; or (2) willfully, maliciously, and repeatedly follows another person with the intent to place that person in reasonable fear of bodily injury, is guilty of the crime of stalking. “Harasses” means a knowing and willful course of conduct directed at a specific person with the intent to seriously alarm, annoy, or bother the person, and which serves no legitimate purpose. The course of conduct must be such as would cause a reasonable person to suffer substantial emotional distress, or be in fear of bodily injury. “Course of conduct” means a pattern of conduct composed of a series of acts over a period of time, evidencing a continuity of purpose. Constitutionally protected activity is not included within the meaning of “course of conduct.”
  • Cyberstalking and Cyberharassment (RIGL § 11-52-4.2): Whoever transmits any communication by computer or other electronic device to any person or causes any person to be contacted for the sole purpose of harassing that person or his or her family is guilty of a misdemeanor.
  • Dating Violence (R.I.G.L. §16-22-24) "Dating violence" means a pattern of behavior where one person uses threats of, or actually uses, physical, sexual, verbal, or emotional abuse to control his or her dating partner. "Dating partner" means any person involved in an intimate association with another primarily characterized by the expectation of affectionate involvement, whether casual, serious, or long-term.
  • Domestic Violence (RIGL § 12-29-2): (a) "Domestic violence" includes, but is not limited to, any of the following crimes when committed by one family or household member against another: (1) Simple assault (§ 11-5-3); (2) Felony assaults (chapter 5 of title 11); (3) Vandalism (§ 11-44-1); (4) Disorderly conduct (§ 11-45-1); (5) Trespass (§ 11-44-26); (6) Kidnapping (§ 11-26-1); (7) Child-snatching (§ 11-26-1.1); 13 (8) Sexual assault (§§ 11-37-2, 11-37-4); (9) Homicide (§§ 11-23-1 and 11-23-3); (10) Violation of the provisions of a protective order entered pursuant to § 15-5-19, chapter 15 of title 15, or chapter 8.1 of title 8 where the accused has knowledge of the order and the penalty for its violation, or a violation of a no-contact order issued pursuant to § 12-29-4; (11) Stalking (chapter 59 of title 11); (12) Refusal to relinquish or to damage or to obstruct a telephone (§ 11-35-14); (13) Burglary and Unlawful Entry (chapter 8 of title 11); (14) Arson (chapter 4 of title 11); (15) Cyberstalking and cyberharassment (§ 11-52-4.2); (16) Domestic assault by strangulation § 11-5-2.3; (b) "Family or household member" means spouses, former spouses, adult persons related by blood or marriage, adult persons who are presently residing together or who have resided together in the past three (3) years, and persons who have a child in common regardless of whether they have been married or have lived together, or persons who are, or have been, in a substantive dating or engagement relationship within the past one year which shall be determined by the court's consideration of the following factors: (1) The length of time of the relationship; (2) The type of the relationship; (3) The frequency of the interaction between the parties. (c) "Protective order" means an order issued pursuant to § 15-5-19, chapter 15 of title 15, or chapter 8.1 of title 8. (d) "Victim" means a family or household member who has been subjected to domestic violence.

[36] See Appendix B.

Policy Revision

91 reserves the right to revise this Policy at any time in its sole discretion. Revised policies will be posted on the University's website.

Appendix A

Important Contact Information

Any person believed to have experienced sex-based harassment is encouraged to contact the Title IX Coordinator (or a Deputy Coordinator) for support, resources and information regarding the University Policy and Procedures, including how to file a complaint. Complaints and inquiries regarding the application or enforcement of this Policy should be made to the University’s Title IX Coordinator.

Title IX Coordinator

  • Name: Dr. Jen Stanley
  • Office Location: Center for Student Development Building
  • Office Mailing Address: 1 Old Ferry Road, 91, RI 02809
  • Phone Number: (401) 254-3123
  • Email Address: jstanley@rwu.edu
Request for appeals are to be submitted in accordance with the criteria outlined in the “Appeals” section of this document to:
  • Dr. John King, Vice President for Student Life
  • Office Mailing Address: 1 Old Ferry Road, 91, RI 02809
  • Phone Number: (401) 254-3042
  • Email Address: jjking@rwu.edu
Concerns about the University’s application of this Policy and compliance with Title IX may also be referred to: 
  • Office for Civil Rights (OCR), United States Department of Education
  • Mailing Address: 400 Maryland Avenue, SW, Washington, D.C. 20202-1100
  • Customer Service Hotline: (800) 421-3481
  • Email Address: OCR@ed.gov  

This Policy is in compliance with applicable legal requirements, including Title IX of the Education Amendments of 1972, relevant provisions of VAWA, the Clery Act, and other applicable federal and Rhode Island state laws.

Mandated Reporter

A Mandated Reporter is a Roger Williams University employee, other than those deemed Confidential Employees, explicitly vested with the responsibility to implement corrective measures on behalf of the institution for sex-based harassment and/or other prohibited conduct described in this Policy involving students, faculty, staff, or third parties, or has responsibility for administrative leadership, teaching, or advising in the institution.

All University faculty and employees (excluding student-employees and those deemed Confidential Employees) are Mandated Reporters and are expected to promptly report all known details of actual or suspected sex-based harassment and/or other prohibited conduct described in this Policy of which they have become aware to the Title IX Coordinator or Deputy (see list below). This includes, but is not limited to, reports of dating violence, domestic violence, sexual assault and stalking. Supportive measures may be offered as the result of such disclosures without formal University action.

Title IX Coordinator and Deputies

Title IX CoordinatorDr. Jen Stanley, Assistant Vice President for Student Life
jstanley@rwu.edu
(401) 254-3123
Deputy Title IX Coordinator for EmployeesAmy Lanoie, Director of Employee Engagement
alanoie@rwu.edu
(401) 254-3190
Deputy Title IX Coordinators for Students

Amanda Downey, Director of Residence Life and Housing
adowney@rwu.edu
(401) 254-3161

Jeremy Hynson, Assistant Director for Housing Operations
jhynson@rwu.edu
(401) 254-3161

Deputy Title IX Coordinator for 91 Extension School (EXT)Sean Parker, Adjunct Professor and CJS Program Advisor, EXT
sparker@rwu.edu
(401) 254-3407
Deputy Title IX Coordinator for FacultyBecky Spritz, Associate Provost for Academic Affairs
bspritz@rwu.edu
(401) 254-3664
Deputy Title IX Coordinator for School of LawLorraine Lalli, Associate Dean of Student Life and Operations, 
School of Law
llalli@rwu.edu
(401) 254-4593
Deputy Title IX Coordinator for AthleticsKiki Jacobs, Director of Athletics, Intramurals and Recreation
kjacobs@rwu.edu
(401) 254-3428

No member of the University community, with the limited exception of Confidential Employees, may promise the absolute confidentiality of information about an alleged incident of prohibited conduct as described within this Policy. Confidential Employees designated by the University include the professional staff in the Center for Counseling and Student Development and Health Services, and those conducting human subjects research as part of a study approved by 91’s Institutional Review Board (IRB). These individuals will maintain confidentiality, except in cases of immediacy of threat or danger or abuse of a minor, elder, or individual with a disability, or when required to disclose by law or court order.

Employees who have confidentiality as described above, and who receive notice within the scope of their confidential roles, will timely submit anonymous statistical information for Clery Act purposes unless they believe it would be harmful to their client or patient. Confidential Employees must also provide a reporting individual with the Title IX Coordinator’s contact information and offer options and resources without any obligation to inform an outside agency or University official unless the reporting individuals requests the information be shared.

A Mandated Reporter who is themselves a target of discrimination, harassment, or other misconduct under this Policy is not required to report their own experience, though they are, of course, encouraged to do so.

Emergency Medical, Counseling, and Law Enforcement Resources

Emergency medical assistance, counseling support and campus safety/law enforcement resources are available on and off campus. Individuals are encouraged to seek prompt medical attention following incidents that pose a threat to safety or physical well-being.

Local Medical Resources:

  • Women & Infants Hospital: (401) 274-1100 (24/7)
  • Rhode Island Hospital: (401) 444-4000 (24/7)
  • Roger Williams Hospital: (401) 456-2121 (24/7)
  • Hasbro Children’s Hospital: (401) 444-4000 (24/7)
  • 91 Health Services: : (401) 254-3156

Local Counseling Resources:

  • 91 Counseling Center: (401) 254-3124
  •   (sexual assault & trauma resource center): (401) 421-4100
  • : (401) 846-5263, / 24 Hour Hotline: 1-800-494-8100
  • Rape, Abuse, and Incest National Network (RAINN) crisis hotline (queer and trans affirming sexual assault hotline): 1-800-656-HOPE (24/7)
  • (24/7)

Campus Safety / Law Enforcement Resources:

Confidentiality, Privacy, and Reporting Policy

Any person reporting a violation of this Policy has the right to confidential support and advice on and off campus. The following list includes confidential resources on and off campus.

91 Confidential Resources

Off-Campus Resources

  • (sexual assault & trauma resource center): (401) 421-4100
  • : (401) 846-5263 / 24 Hour Hotline: 1-800-494-8100
  • Rape, Abuse, and Incest National Network (RAINN) crisis hotline 800-656-HOPE (queer and trans affirming sexual assault hotline)
  • (24/7)

Dating and Domestic Violence Resources

(including criminal justice and protective order advocacy, emergency shelter, transitional housing, safety plans, counseling, education and/or policy) are available at the following member agencies of the :

  • , 401-765-3232 (24-hour)
  • , 401-861-2760 (24-hour)
  • , 401-738-1700 (24-hour)
  • , 401-723-3057 (24-hour)
  • , 401-782-3995
  • , 401-289-2022
  • , a victim task force, 401-467-9940
  • , 1−800−656-HOPE (4673) (24 hour)
  • ,1−800−799−SAFE (7233) (24 hour)

Appendix B

Sanctions

When an individual has been determined to be in violation of the Policy, a range of sanctions may be assigned. When determining the appropriate sanction(s), the following factors may be considered:

  • nature, context, and severity of an incident;
  • level of accountability and responsibility taken by the individual;
  • level of cooperation from the individual;
  • need to stop the misconduct and prevent its recurrence;
  • need to remedy and address the impact or effects of the conduct on others;
  • disciplinary history of the individual;
  • best interests of the University community; and
  • any other aggravating, mitigating, or relevant factors.

Sanctions will be implemented as soon as it is feasible once a determination is final, either upon the outcome of any appeal or the expiration of the window to appeal, without an appeal being requested. 

Sanctions related to employees may include:

  • termination or dismissal from the University;
  • suspension;
  • probation;
  • reprimand;
  • warning; and
  • directed counseling and/or mandatory education and training.

Sanctions related to students may include:

  • fines and restitution;
  • community service;
  • suspension of privileges;
  • educational intervention;
  • educational / restorative sanctions;
  • conduct warning;
  • conduct probation;
  • suspension from housing;
  • dismissal from housing;
  • university suspension;
  • interim suspension;
  • university dismissal; and
  • transcript notation for sanctions of suspension (during the suspension period) and dismissal.

For both employees and students: Other reasonable sanctions

Any reasonable sanction may be assigned that appropriately promotes the education and development of a student or employee, ensures safety, or otherwise furthers the mission of the University.

Additional information regarding sanctions

Additional Information and Resources

Administratively revised August 2024.

For a full list of Roger Williams University's policies go to the Policies & Guidelines page.