Nov 21, 2024

2024-2025 Student Handbook

Title IX Policy

Policy Prohibiting Discrimination Based on Sex Under Title IX

Last Updated: June 30, 2024

INTRODUCTION

This Policy sets forth Quincy University’s obligations under the 2024 Title IX Regulations. It incorporates the definitions and procedural requirements from the 2013 Clery Amendments pertaining to sexual assault, dating violence, domestic violence, and stalking. Pursuant to this Policy, Quincy University will:

Respond to all reports of sex-based discrimination and/or retaliation.
It will take necessary measures to end conduct that violates this Policy, prevent its recurrence, and remedy its effect on individuals and the community.
Within any process related to this Policy, Quincy University provides reasonable accommodations to persons with disabilities and reasonable religious accommodations consistent with state and federal law.

Situations involving other conduct that may violate other Quincy University student or employee conduct policies should be reported to the Office of Student Development for matters involving students or the Office of Human Resources for matters involving faculty or staff. Situations involving other conduct relating to nonaffiliates should be reported to Mark Strieker, CFO.

Any concerns related to conduct prohibited by this Policy should be reported to Quincy University’s Title IX Coordinator:

Kristi Shelton

sheltkr@quincy.edu

2172285307

Francis Hall Lower Level B33

Statement of Nondiscrimination

As set forth in this Policy, Quincy University prohibits discrimination on the basis of sex in its programs and activities. As defined by Title IX, discrimination on the basis of sex includes discrimination on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity.

Quincy University does not discriminate in its admissions practices, in its employment practices, or in its educational programs or activities on the basis of sex. Quincy University also prohibits retaliation against any person opposing sex discrimination or participating in any sex discrimination investigation or complaint process, whether internal or external to Quincy University. Sex-based harassment, sexual assault, dating and domestic violence, and stalking are forms of sex discrimination which are prohibited under Title IX and by this Policy.

When brought to the attention of Quincy University, conduct prohibited by this Policy will be addressed by Quincy University according to the procedures set forth in this Policy. Discrimination on the basis of any other protected category will be addressed in accordance with the University Employee and Student Handbook.

Statement of Equal Access

Quincy University shall provide certain support and modifications to people experiencing pregnancy or related conditions to ensure their equal access to Quincy University’s program or activity. Pregnancy or related conditions include pregnancy, childbirth, termination of pregnancy, lactation; medical conditions related to pregnancy, childbirth, termination of pregnancy, or lactation; and recovery from pregnancy, childbirth, termination of pregnancy, lactation, or related medical conditions.

Quincy University treats pregnancy or related conditions in the same manner and under the same policies as any other temporary medical conditions and must allow voluntary leaves of absence. Students, employees, or applicants should contact the Title IX Coordinator for more information. Employees or applicants for employment may also contact the Office of Human Resources for more information, because additional workplace laws and policies apply.

Application of Section 504/Americans with Disabilities Act to this Policy

Quincy University complies with the requirements of the Americans with Disabilities Act of 1990, as amended 2008 (“ADAAA”); Sections 504 and 508 of the Rehabilitation Act of 1973, as amended; and all other federal and state laws and regulations prohibiting discrimination on the basis of disability. Quincy University is committed to providing individuals with disabilities equal access to Quincy University’s programs and activities.

Parties may request reasonable accommodations for disabilities to the Title IX Coordinator at any point relating to the implementation of this Policy, including making a disclosure or report, and initiating a grievance procedure. Accommodations will be granted if they are reasonable and do not fundamentally alter the procedures established by this Policy. Please note that the Title IX Coordinator will not affirmatively provide disability accommodations that have not been specifically requested by the parties, even where the parties may be receiving accommodations in other Quincy University programs and activities.

With the consent of the impacted student or employee, the Title IX Coordinator will work collaboratively with the Vice President of Student Development and/or Office of Human Resources to ensure that approved reasonable accommodations (disability-related) are implemented.

SCOPE AND JURISDICTION OF THIS POLICY

All members of Quincy University’s community, including, but not limited to, students, student organizations, faculty, administrators, and staff, whether on or off campus, and third parties such as guests, visitors, volunteers, invitees, and alumni when they are on campus or participating in Quincy University sponsored activities, are subject to this Policy, though the procedures for resolving conduct prohibited by this Policy will vary based on one’s status. This Policy applies to all students and employees and all other individuals participating in (or attempting to participate in) Quincy University programs or activities, including Quincy University sponsored events that take place off-campus.

This Policy may also pertain to instances in which the conduct occurred outside of the campus or Quincy University sponsored activity if Quincy University determines that the off-campus conduct is within the jurisdiction of its disciplinary authority or affects a substantial Quincy University interest, including access to the educational program or activity, safety and security, compliance with applicable law, and meeting its educational mission.

Any individual covered by this Policy is expected to provide truthful information in any report, meeting, or proceeding under this Policy.

Unless otherwise specified in this Policy, any individual who is accused of engaging in conduct prohibited by this Policy who is not a student, faculty member, or staff member is generally considered a third party. Quincy University ‘s ability to take corrective action against a third party may be limited and will depend on the nature of the third party’s relationship, if any, to Quincy University. When appropriate, the Title IX Coordinator will refer such allegations against a third party to the appropriate office.

The status of a party may impact which resources and remedies are available to them under this Policy.

If there is a conflict between the provisions of this Policy and other Quincy University policies, procedures, rules, regulations, or terms or conditions of employment, the provisions of this Policy will govern unless otherwise stated. Any capitalized terms in this Policy are defined as stated or in Section XXI.

PROHIBITED CONDUCT

This Policy prohibits sex discrimination, including sex-based harassment, and retaliation as defined below. These acts shall also be referred to as Prohibited Conduct under this Policy:

Discrimination on the Basis of Sex

Except as permitted by Title IX, prohibited discrimination on the basis of sex (where sex includes sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity) is defined as actions that cause an individual to be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any academic, extracurricular, research, occupational training, or other education program or activity operated by Quincy University.

Except as permitted by Title IX, Quincy University, including employees, students, participants and agents of Quincy University, shall not, engage in any of the following prohibited discriminatory actions on the basis of sex if it would cause more than de minimis harm:

(1) Treat one person differently from another in determining whether such person satisfies any requirement or condition for the provision of such aid, benefit, or service;
(2) Provide different aid, benefits, or services or provide aid, benefits, or services in a different manner;
(3) Deny any person any such aid, benefit, or service;
(4) Subject any person to separate or different rules of behavior, sanctions, or other treatment;
(5) Apply any rule concerning the domicile or residence of a student or applicant, including eligibility for in-state fees and tuition;

(6) Aid or perpetuate discrimination against any person by providing significant assistance to any agency, organization, or person which discriminates on the basis of sex in providing any aid, benefit or service to students or employees;

(7) Otherwise limit any person in the enjoyment of any right, privilege, advantage, or opportunity.

For the purposes of this definition, unless permitted by Title IX, adopting a policy or engaging in a practice that prevents a person from participating in an education program or activity consistent with the person’s gender identity subjects a person to more than de minimis harm on the basis of sex and will be considered prohibited discrimination.

Sex-Based Harassment

Sex-based harassment is a form of sex discrimination and means sexual harassment and other harassment on the basis of sex, as defined by Title IX, including harassment on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity.

Under this Policy, prohibited Sex-based Harassment includes the following conduct:

Quid Pro Quo Harassment:

Quid pro quo harassment occurs when an employee, agent, or other person authorized by Quincy University to provide an aid, benefit, or service under Quincy University’s education program or activity, explicitly or impliedly conditions the provision of such an aid, benefit, or service on a person’s participation in unwelcome sexual conduct.

2. Hostile Environment Harassment

Hostile environment harassment is defined as 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 Quincy 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 individual’s ability to access Quincy University’s education program or activity;
The type, frequency, and duration of the conduct;
The parties’ ages, roles within Quincy University’s education program or activity, previous interactions, and other factors about a party that may be relevant to evaluating the effects of the conduct;
The location of the conduct and the context in which the conduct occurred; and
Other sex-based harassment in Quincy University’s education program or activity.

Sexual Assault & Interpersonal Violence

Sexual assault.

Sexual assault is defined as any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent.

Sexual assault includes:  

Rape-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 victim.  Attempted rape falls under this prohibition.
Fondling-The touching of the private body parts of another for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of their age or because of their temporary or permanent mental incapacity. 
Incest-Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.   
Statutory Rape-Sexual intercourse with a person who is under the statutory age of consent.  The statutory age of consent is 18 years old.

For the purposes of these definitions, a Sexual Act is defined as conduct between persons consisting of:

Contact between the penis and the vulva or between penises and vulvas
Contact between the penis and the anus.
Contact between the mouth and the penis.
Contact between the mouth and the vulva.
Contact with any objects, including fingers or foreign objects to the vulva, anus, or penis.
Contact involving any of the above or the buttocks or breasts
Private body parts include all of the body parts specified above.

Dating Violence

This includes violence committed by a person:

Who is or has been in a social relationship of a romantic or intimate nature with the victim; and where the existence of such a relationship shall be determined based on a 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.

Emotional and psychological abuse do not constitute violence for the purposes of this definition.

Domestic Violence

This includes felony or misdemeanor crimes of violence committed by a person who:

Is a current or former spouse or intimate partner of the victim under the family or domestic violence laws of the jurisdiction of Quincy University, or a person similarly situated to a spouse of the victim;
Is cohabitating, or has cohabitated, with the victim as a spouse or intimate partner;
Shares a child in common with the victim; or
Commits acts against a youth or adult victim who is protected from those acts under the family or domestic violence laws of Illinois.

Emotional and psychological abuse do not constitute violence for the purposes of this definition.

Stalking

This is defined as 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.

Sexual Exploitation

Sexual exploitation means a person taking sexual advantage of another person for the benefit of anyone other than that person without that person’s consent, including, but not limited to, any of the following acts: 

The prostituting of another person;
The trafficking of another person, defined as the inducement of a person to perform a commercial sex act, or labor or services, through force, fraud, or coercion;
The recording of images, including video or photograph, or audio of another person’s sexual activity or intimate parts, without that person’s consent; 
The distribution of images, including video or photograph, or audio of another person’s sexual activity or intimate parts, if the individual distributing the images or audio knows or should have known that the person depicted in the images or audio did not consent to the disclosure. 
The viewing of another person’s sexual activity or intimate parts, in a place where that other person would have a reasonable expectation of privacy, without that person’s consent, for the purpose of arousing or gratifying sexual desire.

Retaliation

Retaliation is any materially adverse action taken against an individual because they were involved in the disclosure, reporting, investigation, or resolution of a report of Prohibited Conduct under this Policy. Retaliation includes threats, intimidation, harassment, coercion, discrimination, violence, or any other conduct by Quincy University, a student, or an employee or other person authorized by Quincy University to provide aid, benefit, or service under Quincy University’s education program or activity, for the purpose of interfering with any right or privilege secured by this Policy or by law, including Title IX or its regulations. Adverse action does not include perceived or petty slights, or trivial annoyances.

The prohibition against retaliation applies to any individuals who participate (or refuse to participate) in any manner in an investigation and to any student who refuses to participate in an investigation or proceeding.

Retaliation may occur even where there is a finding of “not responsible” under this Policy. Good faith actions lawfully pursued in response to a report of Prohibited Conduct are not Retaliation.

DELEGATION OF DUTIES UNDER THIS POLICY

Quincy University shall respond to all allegations of Prohibited Conduct, as defined above. Obligations created by this Policy may be delegated by Quincy University, including to external professionals.

CONFLICTS OF INTEREST OR BIAS

Any individual carrying out any part of this Policy shall be free from any actual conflict of interest or demonstrated bias that would impact the handling of a matter. Should the Title IX Coordinator have a conflict of interest, the Title IX Coordinator shall immediately notify Mark Strieker, CFO who will either take, or reassign, the role of Title IX Coordinator for purposes of carrying out the handling and finalization of the matter at issue.

Should any Investigator, Decision Maker, or Appeals Officer have a conflict of interest, the Investigator, Decision Maker, or Appeals Officer shall notify the Title IX Coordinator upon discovery of the conflict so that the Title IX Coordinator may reassign the role as appropriate. This Policy will note where parties have the opportunity to challenge the participation of any individual implementing this Policy based on actual conflict of interest or demonstrated bias.

CRIME AND INCIDENT DISCLOSURE OBLIGATIONS

The Clery Act is a federal crime and incident disclosure law. It requires, among other things, that Quincy University report the number of incidents of certain crimes, including some of the Prohibited Conduct in this Policy, that occur in particular campus-related locations. The Clery Act also requires Quincy University to issue a warning to the community in certain circumstances.

In the statistical disclosures and warnings to the community, Quincy University will ensure that a Complainant’s name and other identifying information is not disclosed. The Title IX Coordinator will refer information to the Clery Officer when appropriate for a determination about Clery-related actions, such as disclosing crime statistics or sending campus notifications.

REPORTING SEX DISCRIMINATION, INCLUDING SEX-BASED HARASSMENT

Employee Reporting Obligations

All employees, with limited exceptions as identified by Quincy University, are required to promptly provide to the Title IX Coordinator all complaints and/or reports of sex discrimination, including sex-based harassment and share all information reported or made available to the employee. If an employee in a supervisory capacity has direct knowledge of an incident of harassment or discrimination on the part of, or directed toward, any employee of the Title IX Coordinator community, that supervisor is required to bring the matter to the attention of the Title IX Coordinator.

When providing this information to the Title IX Coordinator, the employee must include their own name and contact information, and all known details about an incident, which may include, if known, the dates, times, locations, names of involved individuals and the nature of the incident.

Aside from this reporting obligation, employees will, to the fullest extent possible, maintain the privacy of an individual’s information, consistent with FERPA.

Public Awareness Events

Employees are required to report to the Title IX Coordinator information about sex discrimination they learn about at public awareness events such as Take Back the Night.

The Title IX Coordinator is not obligated to respond directly to any identified Complainant in a report of sex-based harassment disclosed at a public awareness event that takes place on-campus or in a school-sponsored online platform unless there is an imminent and serious threat to someone’s health or safety.

The Title IX Coordinator must respond to reports of conduct that could constitute sex discrimination other than sex-based harassment if disclosed at public awareness events, wherever they occur. In all cases, Quincy University must use the information to inform its efforts to prevent sex-based harassment, including by providing tailored training to address alleged sex-based harassment in a particular part of its education program or activity or at a specific location when information indicates there may be multiple incidents of sex-based harassment.

How to Make a Report to Quincy University

All complaints of violations of this Policy will be taken seriously and in good faith. The Title IX Coordinator will provide information and guidance regarding how to file a complaint with Quincy University and/or local law enforcement, as well as information and assistance about what course of action may best support the individual(s) involved and how best to address the complaint.

Every reasonable effort will be made to maintain the privacy of those making a report to the extent possible. In all cases, Quincy University will give consideration to the party bringing forward a report with respect to how the matter is pursued. Quincy University may, when necessary to protect the community, initiate an investigation or take other responsive actions to a report, even when the person identifying a concern chooses not to participate in a resolution process and/or requests that Quincy University not initiate an investigation.

Employees, students, guests, or visitors who believe that this Policy has been violated should promptly contact the Title IX Coordinator.

There is no timeline for making a report of sex discrimination, however, Quincy University encourages the prompt reporting of a complaint as the ability of Quincy University to pursue the complaint to conclusion may be hindered by the passage of time.

Amnesty for Reporting

A student making a report to the Title IX Coordinator may be eligible for Amnesty for drug or alcohol related violations of the Student Handbook that occurred on or around the same time as the incident or that was in connection with the incident.

Privacy and Confidentiality

References made to privacy mean Quincy University offices and employees who cannot guarantee confidentiality, but will maintain privacy to the greatest extent possible, relaying information as necessary to investigate or seek a resolution and to notify the Title IX Coordinator or designee, who is responsible for tracking patterns and spotting systemic issues. Quincy University will limit the disclosure as much as practicable.

All activities under these procedures shall be conducted with the privacy interests of those involved. While Quincy University will take all reasonable steps to protect the privacy of individuals involved in a complaint, it may be necessary to disclose some information to individuals or offices on campus in order to address a complaint or provide for the physical safety of an individual or the campus. Thus, Quincy University cannot, and does not, guarantee that all information related to complaints will be kept confidential.

To maintain the privacy of evidence gathered as part of any resolution process, access to materials under the procedures in this Policy will be provided only by a secure method and parties and advisors are not permitted to make copies of any documents shared or make use of the documents outside of the processes described in this Policy. Parties may request to review a hard copy of materials, and Quincy University will make that available in a supervised or monitored setting. Inappropriately sharing materials provided during this process may constitute retaliation under this Policy.

Individuals may speak confidentially with a Confidential Resource. Confidential Resources (e.g., licensed mental health care providers, physicians and clergy) may not report to Title IX Coordinator any identifying information about conduct that may violate Quincy University’s Policy against sex discrimination without the written consent of the individual who supplied the information, unless required by law. Such disclosures will not be reported to the Title IX Coordinator or initiate any process under this Policy.

Quincy University has employees who are not required to report information about sex discrimination to the Title IX Coordinator:

1. Privileged and Confidential Employees. On-campus licensed professional counselors, on-campus health service providers, on-campus members of the clergy. off campus licensed professional counselors, medical provides, rape crisis counselors, and attorneys, whose communications are privileged or confidential under Federal or State law. The employee must be hired for and functioning within the scope of their duties to which the privilege or confidentiality applies. For example, physicians, clergy, and mental health counselors are all confidential employees. Disclosures made to these employees means that information cannot be disclosed to anyone internal or external to Quincy University without the express permission from the individual disclosing the information.

State law requires professional counselors to report: (i) when a patient is likely to engage in conduct that would result in serious harm to the patient or others; (ii) if there is reasonable cause to suspect that a minor has been sexually abused. These reports must be made to the Department of Child and Family Services Abuse Hotline at 1-800-25-ABUSE. Or it can be reported online at https://dcfsonlinereporting.dcfs.illinois.gov/.

Reporting to the Police

Some Prohibited Conduct may constitute a violation of both the law and Quincy University policy. Quincy University encourages students to report alleged crimes promptly to local law enforcement agencies. All persons have the right to file with law enforcement, as well as the right to decline to file with law enforcement. The decision not to file shall not be considered as evidence that there was not a violation of Quincy University policy.

Criminal investigations may be useful in the gathering of relevant evidence, particularly forensic evidence. The standards for finding a violation of criminal law are different from the standards for finding a violation of this Policy. Conduct may constitute Prohibited Conduct under this Policy even if law enforcement agencies lack sufficient evidence of a crime and decline to prosecute.

Proceedings under this Policy may be carried out prior to, simultaneously with, or following civil or criminal proceedings off campus. However, when a complaint is made to Quincy University as well as to law enforcement, Quincy University may delay its process if a law enforcement agency requests that Quincy University delay its process for a reasonable amount of time to allow law enforcement to gather evidence of criminal misconduct. Criminal or legal proceedings are separate from the processes in this Policy and do not determine whether this Policy has been violated.

All investigations and determinations under this Policy will be thorough, reliable and impartial, and will seek to collect evidence and names of witnesses to gather information that is directly or substantially relevant to whether the alleged policy violation occurred, and will not be based on the grounds that civil or criminal charges involving the same incident have been filed or that charges have been dismissed or reduced.

In the case of an emergency, where the physical well-being of a member of Quincy University community or the safety of Quincy University as an institution is threatened, any individual with such knowledge should promptly inform the Director of Campus Safety. Quincy University may take any immediate steps as may be necessary and appropriate under the circumstances to ensure the well-being of Quincy University community and Quincy University as an institution.

RESPONSE TO A REPORT

The following process will be used following the receipt of a report of Prohibited Conduct:

Initial Contact

Following receipt of a report alleging a potential violation of this Policy, the Title IX Coordinator will contact the Complainant to meet with the Title IX Coordinator for an initial intake and assessment meeting, and will provide the following:

An invitation to meet to offer assistance and explain their rights, resources, and options under this Policy;
Access to this Policy;
Information regarding available campus and community resources for counseling, health care, mental health, or victim advocacy. Upon request, information regarding legal assistance, visa and immigration assistance, student financial aid and other available services may be provided;
The availability of Supportive Measures regardless of whether a complaint is filed and/or any resolution process is initiated;
The options for resolution (no action, prevention, agreement, investigation) and how to initiate such resolution processes;
The right to notify law enforcement as well as the right not to notify law enforcement;
The importance of preserving evidence and, in the case of potential criminal misconduct, how to get assistance from Campus Safety or local law enforcement in preserving evidence;
The right to an advisor of choice, if applicable, during Quincy University proceedings under this Policy including the initial meeting with the Title IX Coordinator;
A statement that retaliation for filing a complaint, or participating in the complaint process, is prohibited; and
Information on how to initiate the Investigation or Resolution-Based Agreement process.

Initial Intake & Assessment

The Initial Assessment process seeks to gather information about the nature and circumstances of the report to determine whether this Policy applies to the report and, if so, which resolution process may be appropriate, as well as which section of the grievance procedures apply based on the conduct and the status of the parties. The Title IX Coordinator may also determine that the provision of supportive measures only is the appropriate response under the Policy. The initial assessment is not a finding of fact or responsibility. If the individual bringing forward the complaint is not the actual Complainant, the Title IX Coordinator will limit communication to general information on policies and processes.

Should the Complainant wish to initiate a resolution process, the Title IX Coordinator will determine whether this Policy applies and, if so, the appropriate process under this Policy. The Title IX Coordinator will communicate to the Complainant this determination. If the Complainant does not wish to initiate a resolution process, the Title IX Coordinator will assess whether to proceed as set forth below.

If the information provided does not suggest a potential violation of this Policy, the Title IX Coordinator will provide the Complainant written notice that the matter is being referred for handling under a different policy, and/or to another appropriate office for handling.

Requests for Confidentiality or No Further Action

When a Complainant requests that Quincy University not use their name as part of any resolution process, or that Quincy University not take any further action, Quincy University will generally try to honor those requests. However, there are certain instances in which Quincy University has a broader obligation to the community and may need to act against the wishes of the Complainant. In such circumstances, the Title IX Coordinator will notify the Complainant in writing of the need to take action. The factors the Title IX Coordinator will consider when determining whether to act against the wishes of a Complainant include:

The Complainant’s request not to proceed with the initiation of a complaint;
The Complainant’s reasonable safety concerns regarding the initiation of a Complaint; 
The risk that additional acts of Prohibited Conduct would occur if a Complaint is not initiated; 
The severity of the alleged Prohibited Conduct, 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 Quincy University;  
The scope of the alleged discrimination, including information suggesting a pattern, ongoing sex discrimination, or sex discrimination alleged to have impacted multiple individuals;
The availability of evidence to assist a Decision Maker in determining whether sex discrimination occurred;  
Whether Quincy University could end the alleged sex discrimination and prevent its recurrence without initiating its grievance procedures under this Policy; and
Whether the conduct as alleged presents an imminent and serious threat to the health or safety of the Complainant or other persons, or that the conduct as alleged prevents Quincy University from ensuring equal access on the basis of sex to its education program or activity.

Emergency Removal

For sex discrimination and sex-based harassment, Quincy University retains the authority to remove a Respondent from Quincy University’s education program or activity on an emergency basis, where Quincy University:

Undertakes an individualized safety and risk analysis;
Determines that an immediate and serious threat to the health or safety of a Complainant or any student, employee, or other individual arising from the allegations of sex discrimination justifies a removal; and
Provides the Respondent with notice of and an opportunity to challenge the decision immediately following the removal.

The Respondent may challenge the decision immediately following the removal, by notifying the Title IX Coordinator in writing. Quincy University will designate an impartial individual, not otherwise involved in the case, to consider the challenge to the removal and determine if the emergency removal was reasonable. For all other Prohibited Conduct, Quincy University may defer to its interim suspension policies for students and administrative leave for employees.

Administrative Leave

Quincy University retains the authority to place an employee Respondent on administrative leave during a pending complaint process under this Policy, with or without pay, as appropriate. Administrative leave implemented as a supportive measure or as emergency removal is subject to the procedural provisions above, including the right to challenge the decision to implement that measure.

Student Withdrawal or Employee Resignation While Matters Are Pending

If a student or employee Respondent permanently withdraws or resigns from Quincy University with unresolved allegations pending, Quincy University will consider whether and how to proceed with the resolution process. Quincy University will continue to address and remedy any systemic issues or concerns that may have contributed to the alleged violation(s) and any ongoing effects of the alleged Prohibited Conduct.

A student Respondent who withdraws or leaves while the process is pending may not return to Quincy University without first resolving any pending matters. Such exclusion applies to all Quincy University campuses and programs.

An employee Respondent who resigns with unresolved allegations pending is not eligible for rehire with Quincy University and the records retained by the Title IX Coordinator will reflect that status. All Quincy University responses to future inquiries regarding employment references for that individual will include that the former employee resigned during a pending disciplinary matter.

Dismissal of a Complaint

Before dismissing a complaint, Quincy University will make reasonable efforts to clarify the allegations with the Complainant.

Quincy University may dismiss a complaint if:

Quincy University is unable to identify the Respondent after taking reasonable steps to do so;
The Respondent is not participating in Quincy University’s education programs or activities and/or is not employed by Quincy University;
The Complainant voluntarily withdraws their complaint in writing and the Title IX Coordinator declines to initiate a complaint;
The Complainant voluntarily withdraws some but not all allegations in a complaint in writing, and Quincy University determines that, the conduct that remains alleged in the complaint would not constitute Prohibited Conduct under this Policy; or
Quincy University determines the conduct alleged in the complaint, even if proven, would not constitute Prohibited Conduct under this Policy.

Upon dismissal, Quincy University will promptly notify the Complainant in writing of the basis for the dismissal. If the dismissal occurs after the Respondent has been notified of the allegations, then Quincy University will notify the parties simultaneously, in writing. If a dismissal of one or more allegations changes the appropriate decision-making process under these procedures, the Title IX Coordinator will include that information in the notification.

Quincy University will notify the Complainant that a dismissal may be appealed on the basis outlined in the Appeals section. If dismissal occurs after the Respondent has been notified of the allegations, then Quincy University will also notify the Respondent that the dismissal may be appealed on the same bases. If a dismissal is appealed, Quincy University will follow the procedures outlined in the Appeals section of these procedures.

When a complaint is dismissed, Quincy University will, at a minimum:

Offer supportive measures to the Complainant, as appropriate;
If the Respondent has been notified of the allegations, offer supportive measures to the Respondent as appropriate; and
Take other prompt and effective steps, as appropriate, through the Title IX Coordinator to ensure that sex discrimination does not continue or recur within Quincy University education program or activity.

A Complainant who decides to withdraw a complaint or any portion of it may later request to reinstate it or refile it.

REFERRALS FOR OTHER MISCONDUCT

Quincy University has the discretion to refer complaints of misconduct not covered by this Policy for handling under any other applicable Quincy University policy or code. As part of any such referral for further handling, Quincy University may use evidence already gathered through any process covered by this Policy.

CONSOLIDATION OF COMPLAINTS

Quincy University may consolidate Complaints as to allegations of sexual harassment against more than one Respondent, or by more than one Complainant against one or more Respondents, or by one party against the other party, where the allegations of sexual harassment arise out of the same facts or circumstances. Where a grievance process involves more than one Complainant or more than one Respondent, references in this section to the singular ”party,” ”Complainant,” or ”Respondent” include the plural, as applicable. Where multiple policies may be implicated by the same set of facts or circumstances, Quincy University may bifurcate the proceedings in accordance with the requirements of the individual policies.

Quincy University also reserves the right to use this Policy to adjudicate other allegations and conduct charges as defined by policies outside of the scope of this Policy in instances when the conduct is associated with an alleged issue of prohibited conduct under this Policy. The Title IX Coordinator will address these consolidated complaints in collaboration and coordination with other appropriate offices, such as Student Services and Human Resources. Allegations of a violation of a separate policy are not required to be handled using the procedural requirements set forth in this Policy.

OPTIONS FOR RESOLUTION

There are multiple ways to resolve a complaint or report of sex discrimination. During the resolution of a complaint, the Title IX Coordinator will determine whether to implement reasonable supportive measures designed to assist all parties (Complainants and Respondents) and community members in maintaining access to and participation in Quincy University’s educational programs, services and activities during the resolution of the complaint.

Support-Based Resolution

A support-based resolution is an option for a Complainant who does not wish Quincy University to take any further steps to address their concern, and when the Title IX Coordinator determines that another form of resolution, or further action, is not required. Some types of support that may be appropriate include but are not limited to: adjustments or changes to class schedules; moving from one residence hall room to another; adjusted deadlines for projects or assignments; adjustments to work schedule or arrangements; escorts to and around campus; and/or counseling.

A support-based resolution does not preclude later use of another form of resolution, for example if new information becomes available to Quincy University and the Title IX Coordinator determines there is need for additional steps to be taken, or the Complainant later decides to pursue a Resolution Agreement or investigation and decision making.

Agreement-Based Resolution

Agreement-Based Resolution is an alternative where the Parties each voluntarily agree to resolve the complaint in a way that does not include an investigation and does not include any finding of responsibility. Agreement-Based Resolution is a voluntary, structured interaction between or among affected parties that balances support and accountability. If Quincy University offers Agreement-Based Resolution to the parties, and they voluntarily consent to engage in that process, the Title IX Coordinator must still take other prompt and effective steps as needed to ensure that sex discrimination does not continue or recur within the education program or activity.

Any party may design the proposed agreement between the parties. The Title IX Coordinator must approve of the use of the Agreement-Based Resolution process and approve the final agreement between the parties. Agreement-Based Resolution may be initiated at any time prior to the release of the final determination. Because Agreement-Based Resolution does not involve an investigation, there is not any determination made as to whether a Respondent violated this Policy.

The Title IX Coordinator has the discretion to determine that Agreement-Based Resolution is not an appropriate way to address the reported conduct, and that the matter must instead be resolved through an alternate process.

Initiating the Agreement-Based Resolution Process

Prior to the initiation of Agreement-Based Resolution, the Title IX Coordinator will provide the Parties written notice that includes:

The specific allegation and the specific conduct that is alleged to have occurred;
The requirements of the Agreement-Based Resolution process;
Any consequences resulting from participating in the Agreement-Based Resolution process, including the records that will be maintained or could be shared, and whether Quincy University could disclose such information for use in a future Quincy University grievance process, including an investigation and resolution process arising from the same or different allegations, as may be appropriate;
Notice that an agreement resulting from the Agreement-Based Resolution process is binding only on the parties and is not subject to appeal;
Notice that once the Agreement is finalized and signed by the Parties, they cannot initiate or continue an investigation procedure arising from the same allegations;
A statement indicating that the decision to participate in the Agreement-Based Resolution process does not presume that the conduct at issue has occurred;
A statement that the Respondent is presumed not responsible for violating this Policy, unless Respondent admits to violations of this Policy;
An explanation that all parties may be accompanied by an advisor of their choice, who may be a parent, colleague, friend, or attorney;
A statement that any party has the right to withdraw from the Agreement-Based Resolution process and initiate or resume grievance procedures at any time before agreeing to a resolution;
The date and time of the initial meeting with staff or the Title IX Coordinator, with a minimum of 3 days’ notice;
Information regarding Supportive Measures, which are available equally to the parties; and
The potential terms that may be requested or offered in an Agreement-Based Resolution agreement.

Facilitating an Agreement

If all Parties are willing to explore Agreement-Based Resolution, the Title IX Coordinator will then meet separately with each party to discuss the Agreement-Based Resolution process and facilitate an agreement. If an agreement cannot be reached, either because the Parties do not agree, determine they no longer wish to participate in the Agreement-Based Resolution process, or the Title IX Coordinator does not believe that the terms of the agreement or continuing the Agreement-Based Resolution process is appropriate, the Title IX Coordinator may decide that the reported conduct will instead be addressed through the investigation and decision-making process. The Title IX Coordinator will inform the parties of such a decision, in writing.

Agreement-Based Resolution processes are managed by facilitators who do not have a conflict of interest or bias in favor of or against Complainants or Respondents generally or regarding the specific parties in the matter. The Title IX Coordinator may serve as the facilitator, subject to these restrictions. The Investigator or Decision Maker for the matter may not facilitate an Agreement-Based Resolution in that same matter.

Any party may craft or create the terms of their agreement and will be asked for their suggestions or ideas. Examples of agreements may include but are not limited to:

An agreement that the Respondent will change classes or housing assignments;
An agreement that the Parties will not communicate or otherwise engage with one another;
An agreement that the Parties will not contact one another;
Completion of a training or educational project by the Respondent;
Completion of a community service project by the Respondent;
An agreement to engage in a restorative justice process or facilitated dialogue; and/or
discipline agreed upon by all parties.

To facilitate Agreement-Based Resolution, information shared by any party will not be used in any related resolution process of the same complaint under this policy. No evidence concerning the allegations obtained within the Agreement-Based Resolution process may be disseminated to any outside person, provided that any party to the Agreement-Based Resolution process may generally discuss the allegations under investigation with a parent, advisor, or other source of emotional support, or with an advocacy organization. An admission of responsibility made during an Agreement-Based Resolution process, however, may not be incorporated into the investigation and adjudication proceeding.

Finalizing the Resolution Agreement

Once the final terms of the Resolution Agreement have been agreed upon by all parties, in writing, and approved by the Title IX Coordinator, the matter will be considered closed, and no further action will be taken. Once signed, no appeal is permitted. The Agreement-Based Resolution process is generally expected to be completed within thirty (30) days and may be extended by the Title IX Coordinator as appropriate. All parties will be notified, in writing, of any extension and the reason for the extension.

Records of an Agreement-Based Resolution process can be shared with other offices as appropriate.

Any violations of the terms of the Resolution Agreement may result in disciplinary action.

INVESTIGATION & DECISION-MAKING RESOLUTION

This Policy includes two types of investigation and decision-making procedures.

Procedures covering all Prohibited Conduct matters except for sex-based harassment involving a student as a party; and
Procedures covering sex-based harassment involving a student as a party.

The following information applies to both types of the investigation and decision-making procedures:

Acceptance of Responsibility

If a Respondent accepts responsibility for all or part of the Prohibited Conduct alleged, the Title IX Coordinator or designated sanctioning officer will issue an appropriate sanction or responsive action as to those violation(s) and continue processing remaining allegations of Prohibited Conduct, if any.

Assignment of the Investigator and/or Decision Maker

Quincy University will assign a trained Investigator and/or Decision Maker to conduct an adequate, reliable, and impartial investigation and determination, as applicable, in a reasonably prompt timeframe. Quincy University reserves the right to all the Investigator and decision maker to be the same person or utilize internal or external Investigators and Decision Makers.

All parties have the option to participate in the investigation, and each have the same rights during the resolution process including the right to an advisor, to submit relevant witness names and evidence, and to review the evidence gathered by the Investigator prior to the Investigator providing the final report to the Decision Maker.

The Investigator will establish deadlines for submission of names of relevant witnesses and submission of evidence and communicate those deadlines to the parties in writing.

Conflict of Interest or Bias

After a Notice of Investigation, as described below, is issued to all parties, any party may object to the participation of the Title IX Coordinator or designated Investigator on the grounds of a demonstrated bias or actual conflict of interest. All parties will have three (3) days from the date of the Notice of Investigation to object to the selection of the Investigator or the Title IX Coordinator. Objections to the Title IX Coordinator are to be made, in writing, to Mark Strieker, CFO. Objections to the appointment of the Investigator are to be made in writing, to the Title IX Coordinator. All objections will be considered, and changes made as appropriate. If the objection is substantiated as to either the Title IX Coordinator or the Investigator, that individual shall be replaced. Any change will be communicated in writing.

Timeline

Quincy University strives to complete the investigation process within ninety (90) days from the date of the Notice of Investigation.

The timeline for any part of the resolution process may be extended for good cause by the Title IX Coordinator. All parties shall be notified, in writing, of any extension to the timeline that is granted, the reason for the extension, and the new anticipated date of conclusion of the investigation and/or hearing. Good cause reasons for extension may include ensuring availability of witnesses and other participants and ensuring participants have sufficient time to review materials.

Quincy University shall not unreasonably deny a student party’s request for an extension of a deadline related to a complaint during periods of examinations or school closures.

The Investigator and/or Title IX Coordinator shall provide the Parties with periodic status updates, in writing.

Burden of Evidence

Quincy University has the burden of conducting an investigation that gathers sufficient evidence to determine whether Prohibited Conduct occurred. This burden does not rest with any party, and any party may decide to limit their participation in part or all of the process, or to decline to participate. This does not shift the burden of proof away from Quincy University and does not indicate responsibility.

Standard of Proof

The standard of proof used in any investigation and decision-making process is the preponderance of the evidence standard, which means that the allegation(s) are more likely than not to have occurred.

Written Notice of Meetings

Quincy University will provide to a party or witness whose participation is invited or expected, written notice of the date, time, location, participants, and purpose of all meetings or proceedings with sufficient time to prepare to participate.

Evidence Gathering

Interviews

The Investigator will interview all parties and relevant witnesses and gather relevant documentary evidence provided by the parties and any identified witnesses. Interviews may be conducted in person, or via video conference. When a party meets with an Investigator, the Investigator will ask questions related to the allegations in the complaint and a party is given the opportunity to speak to the allegations and related events. Parties may identify fact witnesses and provide evidence that is relevant to the allegations and not otherwise impermissible. This will include inculpatory evidence (that tends to show it more likely that someone committed a violation) and exculpatory evidence (that tends to show it less likely that someone committed a violation). The Investigator ultimately determines whom to interview to determine the facts relevant to the complaint.

Impermissible Evidence

The following types of evidence, and questions seeking that evidence, are impermissible. This means this information will not be accessed or considered, except by Quincy University to determine whether one of the exceptions listed below applies. This information will not be disclosed or otherwise used, regardless of relevance:

Evidence that is protected under a privilege recognized by Federal or State law, unless the person to whom the privilege or confidentiality is owed has voluntarily waived the privilege or confidentiality;
Evidence provided to an employee designated by Quincy University as exempt from internal reporting under this Policy, unless the person who made the disclosure or otherwise provided evidence to that employee has voluntarily consented to re-disclosure;
A party’s or witness’s records that are made or maintained by a physician, psychologist, or other recognized professional or paraprofessional in connection with the provision of treatment to the party or witness, unless Quincy University obtains that party’s or witness’s voluntary, written consent for use in its grievance procedures; and
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 is evidence about specific incidents of the Complainant’s prior sexual conduct with the Respondent that is offered to prove consent to alleged sex-based harassment. The fact of prior consensual sexual conduct between the parties does not by itself demonstrate or imply the Complainant’s consent to other sexual activity or preclude a determination that Prohibited Conduct occurred.

INVESTIGATION & DECISION-MAKING PROCEDURES FOR ALL PROHIBITED CONDUCT EXCEPT SEX-BASED HARASSMENT INVOLVING A STUDENT PARTY

This procedure is for all allegations of Prohibited Conduct being investigated and determined under this Policy, except for sex-based harassment involving a student as a party.

Notice of Allegations and Investigation

Prior to the start of an investigation, the Parties will be provided a written Notice of Investigation communicating the initiation of an investigation. Should additional allegations be brought forward, or information regarding location or date of the incident(s), a revised written Notice of Investigation shall be provided to all parties.

The Notice shall include, at a minimum:

Quincy University’s resolution procedures, including the applicable determination procedure, and any alternative resolution process, with a link to the full procedures;
The specific allegations, including the identity of the parties, and dates and location if known;
Sufficient information available at the time to allow the parties to respond to the allegations, including the identities of the parties involved in the incident(s), a description of the facts alleged to constitute Prohibited Conduct, the type of Prohibited Conduct, and the date(s) and location(s) of the alleged incident(s);
A statement that Retaliation is prohibited;
Contact information for the assigned Investigator and Decision Maker, as well as the process for raising a challenge to the appointed Investigator, Decision Maker, or Title IX Coordinator, and the deadline for doing so;
A statement indicating the expected length of the major stages of the resolution process, as well as any applicable deadlines;
Whether the Investigator, or another individual, shall serve as the Decision Maker;
A statement that the Respondent is presumed not responsible for Prohibited Conduct until a determination is made at the conclusion of the investigation and decision-making procedures. Prior to such a determination, the parties will have an opportunity to present relevant and not otherwise impermissible evidence to a trained, impartial Decision Maker;
A statement indicating that the parties may have an advisor of their choice who may be a friend, colleague, therapist, or attorney;
A statement that the parties are entitled to an equal opportunity to access the relevant and not otherwise impermissible evidence, and to provide a response;
A statement that Quincy University prohibits knowingly making false statements or knowingly submitting false information during grievance procedures, with a link to the relevant policy(ies); and
The date and time of the initial interview with the Investigator, with a minimum of five (5) days’ notice.

Individual Interviews

The Investigator will hold individual interviews with parties and witnesses to ask relevant and not otherwise impermissible questions and follow-up questions, including questions exploring credibility. Only the Investigator and the party or witness may attend each individual interview. A party’s advisor may attend these meetings, subject to the rules described above in this Policy. Additional attendees may be permitted at the discretion of the Title IX Coordinator in connection with an approved disability-related accommodation. All persons present at any time during any part of the investigation or resolution process are expected to maintain the privacy of the proceedings and not discuss or otherwise share any information learned as part of those proceedings, and may be subject to further Quincy University discipline for failure to do so.

The individual interviews may be conducted with all participants physically present in the same geographic location, or, at Quincy University’s discretion, with all participants joining virtually through a video conferencing option.

Quincy University may also adopt and apply other reasonable rules regarding decorum, provided they apply equally to the parties. Quincy University will share expectations of decorum to be observed at all times in any meeting or proceeding under this Policy. These expectations are applied equally to all parties and advisors. Quincy University has the discretion to remove, with or without prior warning, from any meeting or proceeding an involved party, witness, or advisor who does not comply with these expectations and any other applicable Quincy University rules.

Evidence Review

At the conclusion of all fact-gathering, the Investigator will provide each party and their advisor, if any, the opportunity to review all relevant and not otherwise impermissible evidence gathered.

The purpose of the inspection and review process is to allow each party the equal opportunity to meaningfully respond to the evidence prior to conclusion of the investigation, to submit any additional relevant evidence, and the names of any additional witnesses with relevant information. This is the final opportunity to offer evidence, or names of witnesses. Given the sensitive nature of the information provided, Quincy University will facilitate this review in a secure manner. None of the parties nor their advisors may copy, remove, photograph, print, image, videotape, record, or in any manner otherwise duplicate or remove the information provided. Any student or employee who fails to abide by this may be subject to discipline. Any advisor who fails to abide by this may be subject to discipline and/or may be excluded from further participation in the process.

The parties will have a minimum of 5 days to inspect and review the evidence and submit a written response in writing to the Investigator. Quincy University will provide access to copies of the parties’ written responses to the Investigator to all parties and their advisors, if any. The Title IX Coordinator shall have the discretion to extend the evidence review period based on the volume and nature of the evidence. At the conclusion of the evidence review, when deemed appropriate by the Investigator, the Investigator shall then conduct any additional fact-gathering as may be necessary. If new, relevant evidence is gathered during this second fact-gathering period, the new evidence will be made available for review by the parties and their advisors. The parties shall have 5 days to provide a response to the newly-gathered evidence. No new evidence will be accepted as part of any response, except that the Investigator shall have the discretion to accept relevant evidence that was not previously available or known to exist, and that was not previously discoverable with the exercise of reasonable diligence.

The Investigator will consider the parties’ written responses before finalizing the investigation report.

The Parties may each submit a written impact statement prior to the conclusion of the resolution process. The impact statement is not evidence and will be reviewed only after a determination of responsibility is reached.

Investigation Report

The Investigator, who may also serve as the Decision Maker, shall evaluate the relevant and not impermissible evidence and make factual determinations regarding each allegation, using preponderance of evidence as standard of proof, and also determine whether a violation of the Policy occurred. The Investigator may choose to place less or no weight upon statements by a party or witness who refused to respond to questions deemed relevant and not impermissible, or declined to participate. The Investigator will not draw an inference about whether sex-based harassment occurred based solely on a party’s or witness’s refusal to respond to questions. The Investigator shall prepare a report which shall include:

A description of the allegations of Prohibited Conduct;
Information about the policies and procedures used to evaluate the allegations;
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, and methods used to gather other evidence;
An evaluation of the relevant and not otherwise impermissible evidence and the rationale for that evaluation;
Findings of fact for each allegation, with rationale; and
Conclusions regarding which section of this Policy or other Quincy University policy, if any, the Respondent has or has not violated, with rationale.

This report shall be provided to the Title IX Coordinator. In the event that the Decision Maker has determined that a violation of Quincy University policy has occurred, the Title IX Coordinator shall then provide the report to the appropriate Sanctioning Officer to determine the sanction, and the Title IX Coordinator shall then determine the appropriate remedy(ies) for the Complainant and any impacted parties.

The Title IX Coordinator shall then provide the parties and their advisors, if any, with a written Notice of Outcome and a copy of the investigation report. The Notice of Outcome shall include:

A statement of, and rationale for, any disciplinary sanctions Quincy University imposed on the Respondent;
A statement as to whether remedies will be provided to the Complaint;
For the Complainant, a description of any remedies that apply to the Complainant;
Quincy University’s procedures and the permitted reasons for the parties to appeal, including identifying the Appeals Officer; and
How to challenge participation by the Appeals Officer for bias or conflict of interest, which the Title IX Coordinator will resolve in their sole discretion.

The determination regarding responsibility becomes final either on the date that Quincy University provides the parties with the written determination of the result of any appeal, or, if no party appeals, the date on which an appeal would no longer be considered timely.

INVESTIGATION & DECISION-MAKING PROCEDURES IN CASES OF SEX-BASED HARASSMENT INVOLVING A STUDENT

This procedure is for all allegations of sex-based harassment involving a student as a party, regardless of the status of the other party.

Notice of Investigation

The Notice shall include, at a minimum:

Quincy University’s investigation procedures, including the applicable determination procedure that will be used in this investigation and resolution, and a link to the relevant policies;
Information about the agreement-based resolution procedures, with a link to the full procedures;
Sufficient information available at the time to allow the parties to respond to the allegations, including the identities of the parties involved in the incident(s), a description of the facts alleged to constitute Prohibited Conduct, the type of Prohibited Conduct, and the date(s) and location(s) of the alleged incident(s);
A statement that retaliation is prohibited;
A statement indicating whether the Investigator, or another individual, shall serve as the Decision Maker;
At the discretion of Quincy University, the Investigator may serve as the Decision Maker;
A statement indicating the expected length of the major stages of the resolution process, as well as any applicable deadlines;
A statement informing the parties that the Investigator will establish and communicate, in writing, all investigation deadlines, including the final deadlines for submitting names of witnesses, evidence, and relevant questions to ask a party or witness. These deadlines may be extended by the Title IX Coordinator for good cause, and any changes will be provided, in writing, to the parties, along with the rationale for the revised deadline(s);
A statement explaining the process for raising a challenge to the appointed resolution officer or Title IX Coordinator, and the deadline for doing so;
A statement that the Respondent is presumed not responsible for Prohibited Conduct until a determination is made at the conclusion of the resolution process. Prior to such a determination, the parties will have an opportunity to present relevant and not otherwise impermissible evidence to a trained, impartial Decision Maker;
A statement that the parties may have an advisor of their choice who may be a friend, parent, therapist, colleague, or attorney;
A statement that the parties are entitled to an equal opportunity to access the relevant and not otherwise impermissible evidence or an investigation report that accurately summarizes this evidence.
Under University Policies in Quincy University’s Student Handbook, the university prohibits knowingly making false statements or knowingly submitting false information during the accountability process/grievance procedures could result in disciplinary action.
The identification of the Decision Maker; and
The date and time of the initial interview with the Investigator, with a minimum of five (5) days’ notice.

The Decision maker shall then determine, based upon the factual findings, whether a violation of this Policy occurred. The Decision maker shall prepare a report which shall include:

Individual Interviews

The Investigator and/or Decision Maker will hold individual interviews with parties and witnesses to ask relevant and not otherwise impermissible questions and follow-up questions, including questions exploring credibility, and to request of the parties the names of relevant witnesses and relevant evidence. Only the Investigator and the party or witness may attend each individual interview. A party’s advisor may attend these meetings, subject to the rules described above. Additional attendees may be permitted at the discretion of the Title IX Coordinator in connection with an approved disability-related accommodation. All persons present at any time during any part of the investigation or resolution process are expected to maintain the privacy of the proceedings and not discuss or otherwise share any information learned as part of the grievance process and may be subject to further discipline for failure to do so.

The Investigator will then gather from parties, witnesses, and other sources, all relevant evidence.

At the initial interview with each party, the Investigator will invite the parties to provide, in writing and in advance of the individual interviews, questions to ask of the parties and witnesses that are relevant and not otherwise permissible, including questions exploring credibility. Upon receiving the question list, the Investigator will determine whether a proposed question is relevant and not otherwise impermissible and will explain, in writing in advance of the individual interview, any decision to exclude a question as not relevant or otherwise impermissible. Questions that are unclear or harassing of the party or witness being questioned will not be permitted. The Investigator must give a party an opportunity to clarify or revise any question that the Investigator has determined is unclear or harassing and, if the party sufficiently clarifies or revises a question, the question will be asked.

An Investigator will not permit questions that are unclear or harassing of any party or witness being questioned.

Quincy University will share expectations of decorum to be observed at all times in any meeting or proceeding under this Policy. These expectations are applied equally to all parties and advisors. Quincy University has the discretion to remove, with or without prior warning, from any meeting or proceeding an involved party, witness, or advisor who does not comply with these expectations and any other applicable Quincy University rules.

The Investigator will determine, in their sole discretion, whether parties and witnesses are likely to provide relevant information about the allegations and has the sole discretion to determine which parties and witnesses to call to an interview. The Investigator may conduct follow-up interviews as they deem appropriate.

Investigator Determination of Relevance

The Investigator will determine whether parties and witnesses are likely to provide relevant information about the allegations and has the sole discretion to determine which parties and witnesses to call to individual follow-up meetings.

The Investigator will review all evidence gathered through the investigation and determine what evidence is relevant and what evidence is impermissible regardless of relevance. Character evidence is not relevant evidence, and therefore will not be considered. If the Decision Maker is not the Investigator, the Decision Maker is not bound by the Investigator’s determinations about relevance.

Evidence Review

At the conclusion of all fact-gathering, the Investigator will provide each party and their advisor the opportunity to review all relevant and not otherwise impermissible evidence gathered. In the event that an audio or audiovisual recording is shared, the recording will only be made available at an in-person and monitored meeting on campus, and will not otherwise be transmitted for review, so as to maintain the privacy of those participating in the process.

The purpose of the inspection and review process is to allow each party the equal opportunity to meaningfully respond to the evidence prior to conclusion of the investigation, to submit any additional relevant evidence, and the names of any additional witnesses with relevant information. This is the final opportunity to offer evidence or names of witnesses. Evidence not provided during the investigation process will not be considered by the Decision Maker. Given the sensitive nature of the information provided, Quincy University will facilitate this review in a secure manner. None of the parties nor their advisors may copy, remove, photograph, print, image, videotape, record, or in any manner otherwise duplicate or remove the information provided. Any student or employee who fails to abide by this may be subject to discipline. Any advisor who fails to abide by this may be subject to discipline and/or may be excluded from further participation in the process.

The parties will have a minimum of 5 days to inspect and review the evidence and submit a written response in writing to the Investigator. The Title IX Coordinator shall have the discretion to extend the evidence review period based on the volume and nature of the evidence.

When deemed appropriate by the Investigator, the investigator shall then conduct any additional fact-gathering as may be necessary. If new, relevant evidence was submitted as part of evidence review, or is gathered during this second fact-gathering period, the new relevant evidence will be made available for review by the parties and their advisors. The parties shall have 5 days to provide a response to the newly-gathered evidence. No new evidence will be accepted as part of any response, except that the investigator shall have the discretion to accept relevant evidence that was not previously available or known to exist, and that was not previously discoverable with the exercise of reasonable diligence.

The Investigator will consider the parties’ written responses before finalizing the investigation report.

Determination

The Investigator may serve as the Decision Maker. The Decision Maker shall evaluate the relevant and not impermissible evidence and make a factual determination regarding each allegation.

The Decision Maker may choose to place less or no weight upon statements by a party or witness who refused to respond to questions deemed relevant and not otherwise impermissible, or who was not available, despite reasonable diligence, for a follow-up interview. The Decision Maker will not draw an inference about whether sex-based harassment occurred based solely on a party’s or witness’s refusal to respond to questions. The Decision Maker should issue a written determination which shall include the following:

A description of the alleged sex-based harassment;
A reference to the policies and procedures used to evaluate the allegations;
Description of all procedural steps taken to date;
The Decision Maker’s evaluation of the relevant evidence along with the finding of facts;
Determinations for each allegation, with the rationale;
Sanction determination (if applicable);
Whether remedies will be provided; and
The procedures for an appeal.

This report shall be provided to the Title IX Coordinator. In the event that the Decision Maker has determined that a violation of Quincy University policy has occurred, the Decision Maker, in consultation, when necessary, with appropriate governing authority over the respondent, will determine the appropriate sanction, and the Title IX Coordinator shall then determine the appropriate remedy(ies) for the Complainant and any impacted parties.

The Title IX Coordinator shall then provide the parties and their advisors, if any, with a written Notice of Outcome and a copy of the Decision Maker’s report.

The Notice of Outcome shall include:

Any disciplinary sanctions for the Respondent;
Whether remedies will be provided;
And the procedures for appeal.

In addition, the Complainant shall be informed of any remedies that apply to the Complainant.

The Title IX Coordinator will provide each party, and their advisor, written communication regarding the decision, the sanction determination, and the procedures for appeal, along with a copy of the Investigation Report. The Title IX Coordinator will also provide written communication to the Complainant regarding any appropriate remedies.

REMEDIES & SANCTIONS

Remedies must be designed to restore or preserve equal access to Quincy University’s education program or activity.

A student found responsible for a violation of this Policy will be subject to sanction(s) regardless of whether legal proceedings involving the same incident are underway or anticipated. An employee found responsible for a violation of this Policy will be subject to sanction(s) up to and including termination of employment.

Possible sanctions and remedies that Quincy University may implement following any determination of responsibility may include: expulsion, removal from institutional housing, a no-contact order, written warning, suspension, a fine, restitution, community service, probation, reference to counseling, termination of employment, and notation in the Respondent’s official student or personnel file of the fact of a violation and the sanction.

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

Failure to Complete Sanctions/Comply with Responsive Actions

All responding parties are expected to comply with conduct sanctions/responsive actions/ corrective actions within the timeframe specified by Quincy University. Responding parties needing an extension to comply with their sanctions must submit a written request to the Title IX Coordinator stating the reasons for needing additional time.

Failure to follow through on conduct sanctions/responsive actions/corrective actions by the date specified, whether by refusal, neglect or any other reason, may result in additional sanctions/responsive actions/corrective actions, such as suspension, expulsion, termination, or a transcript notation. Students who fail to comply will be referred to Vice President of Student Development in accordance with Quincy University’s accountability process located in the Student handbook.

APPEALS

Determinations may be appealed in writing by either party. Appeals will be sent to the Title IX Coordinator, who will then send the appeal to the designated Appeals Officer assigned to conduct a written review of the appeal(s) and to make a final determination. Appeals must be in writing and filed within ten (10) days following the issuance of the Notice of Outcome.

When an appeal is filed, the other party shall be notified and provided with a copy of the filed appeal within one (1) day and have five (5) days to respond to the appeal in writing. Any party’s decision not to submit a reply to an appeal is not evidence that the non-appealing party agreed with the appeal.

Within three (3) days of an Appeal Officer being assigned, either party may provide written objection to the Appeal Officer on the basis of an actual bias or conflict of interest. Any objection is to be sent to the Title IX Coordinator. Should the Title IX Coordinator determine that there is an actual bias or conflict of interest, the Title IX Coordinator will appoint another Appeal Officer.

Appeals may be filed only on the following three grounds:

Procedural Error: A procedural error occurred would change the outcome. A description of the error and its impact on the outcome of the case must be included in the written appeal; or
New Evidence: New evidence or information has arisen that was not available or known to the party during the investigation, that would change the outcome. Information that was known to the party during the resolution process but which they chose not to present is not considered new information. The new evidence, an explanation as to why the evidence was not previously available or known, and an explanation of its potential impact on the investigation findings must be included in the written appeal; or
Actual Conflict of Interest or Demonstrated Bias: The Title IX Coordinator, Investigator, or others with a role in the process with an actual conflict of interest or demonstrated bias for or against Complainants or Respondents generally, or the individual Complainant or Respondent, that would change the outcome. Any evidence supporting the alleged conflict of interest or demonstrated bias must be included in the written appeal.

The Appeal Officer will make a determination regarding the appeal and communicate that decision, along with a rationale for the decision to the Title IX Coordinator who will communicate the Appeal Officer’s decision to the parties. The decision of the Appeals Officer is final.

PROHIBITION AGAINST RETALIATION

No one may intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right established by this Policy 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 sexual harassment, for the purpose of interfering with any right under this Policy constitutes retaliation.

The exercise of rights protected under the First Amendment does not constitute retaliation prohibited under this section.

Complaints alleging retaliation may be filed according to the grievance procedures for sex discrimination available at Quincy University Student Handbook under University policies.

Charging an individual with a code of conduct violation for making a materially false statement in bad faith in the course of a grievance proceeding under this Policy does not constitute retaliation prohibited under of this section, provided, however, that a determination regarding responsibility, alone, is not sufficient to conclude that any party made a materially false statement in bad faith.

RECORD RETENTION

In implementing this Policy, records of all reports and resolutions will be kept by the Title IX Coordinator in accordance with the applicable Quincy University records retention schedule. All records will be afforded the confidentiality protections required by law, including but not limited to the Family Educational Rights and Privacy Act governing confidentiality of student information. This means that Quincy University will protect the party’s privacy consistent with this Policy but may disclose information to those who have a legitimate need to know and in order to process complaints under this Policy.

ADDITIONAL ENFORCEMENT INFORMATION

The U.S. Equal Employment Opportunity Commission (EEOC) investigates reports of unlawful harassment, discrimination, and retaliation, including sex-based harassment, in employment.
The U.S. Department of Education, Office for Civil Rights (OCR) investigates complaints of unlawful discrimination and harassment of students and employees in education programs or activities.

Questions about Title IX may be referred to the Title IX Coordinator or to the assistant secretary for civil rights:

Office for Civil Rights,
U.S. Department of Education 400 Maryland Avenue, SW Washington, D.C. 20202-1100 Customer Service Hotline # (800) 421-3481
Any person may report conduct prohibited by this Policy to the Title IX Coordinator. A complaint about the Title IX Coordinator may be made to Mark Strieker, CFO.
U.S. Equal Employment Opportunity Commission (EEOC) https://www.eeoc.gov/contact-eeoc

POLICY REVIEW & REVISION

These policies and procedures will be reviewed and updated regularly by the Title IX Coordinator. The Title IX Coordinator will submit modifications to this Policy in a manner consistent with institutional policy upon determining that changes to law, regulation or best practices require policy or procedural alterations not reflected in this Policy and procedure. Procedures in effect at the time of its implementation will apply. The Policy definitions in effect at the time of the conduct will apply even if the Policy is changed subsequently, unless the parties consent to be bound by the current Policy.

This Policy may be revised at any time without notice. All revisions supersede prior policy and are effective immediately upon posting to Quincy University website.

This Policy is effective as of August 1, 2024.

KEY DEFINITIONS

Advisor: Each party has the right to choose and consult with an advisor of their choice at their own expense. The advisor may be any person, including a friend, family member, therapist, union representative, or an attorney. Quincy University will not limit their choice of advisor. Parties in this process may be accompanied by an advisor of choice to any meeting or proceeding to which they are required or are eligible to attend. Except where explicitly stated by this Policy, advisors shall not participate directly in the process. Quincy University will provide the parties equal access to advisors; any restrictions on advisor participation will be applied equally.

An Advisor may not represent, advocate, or speak on behalf of a Complainant or Respondent. An Advisor may not disrupt or impede any resolution proceeding.

Affirmative Consent: means affirmative, conscious, and voluntary agreement to engage in sexual activity. It is the responsibility of each person involved in the sexual activity to ensure that they have the affirmative consent of the other or others to engage in the sexual activity. Affirmative consent must be ongoing throughout a sexual activity and can be revoked at any time.

Lack of protest or resistance does not mean consent;
Silence does not mean consent;
The existence of a dating relationship between the persons involved, or the fact of past sexual relations between them, should never by itself be assumed to be an indicator of consent;
It shall not be a valid excuse that the Respondent believed that the Complainant affirmatively consented to the sexual activity if the Respondent knew or reasonably should have known that the Complainant was unable to consent to the sexual activity under any of the following circumstances:

Affirmative Consent cannot be given if any of the following are present: Incapacitation, Force, or Coercion.

Coercion/Force: Consent cannot be procured by the use of physical force, compulsion, threats, intimidating behavior, or coercion. Sexual activity accompanied by coercion or force is not consensual.

Coercion refers to unreasonable pressure for sexual activity. When someone makes it clear that they do not want to engage in sexual activity or do not want to go beyond a certain point of sexual interaction, continued pressure beyond that point can be considered coercive. The use of coercion can involve the use of pressure, manipulation, substances, or force. Ignoring objections of another person is a form of coercion.
Force refers to the use of physical violence or imposing on someone physically to engage in sexual contact or intercourse. Force can also include threats, intimidation (implied threats), or coercion used to overcome resistance.

Complaint: A complaint means an oral or written request to Title IX Coordinator that objectively can be understood as a request for Quincy University to investigate and make a determination about alleged sex discrimination under this Policy. A complaint may be filed with the Title IX Coordinator in person, by mail, or by electronic mail sheltkr@quincy.edu, by using the contact information listed on the Title IX/Equal Opportunity website https://www.quincy.edu/title-ix/, or as described in this Policy. Individuals who would like more information about filing a complaint are invited to contact the Title IX Coordinator for additional information.

Complainant: Any individual who has reported being or is alleged to be impacted by Prohibited Conduct as defined by this Policy, and who was participating in a Quincy University program or activity (or attempting to participate) at the time of the alleged misconduct.

Confidential Resources: any individual identified by Quincy University who receives information about conduct prohibited under this Policy in their confidential capacity and who are privileged under state law will not report prohibited conduct disclosed to them without written consent. Designation as a confidential resource under this Policy only exempts such individuals from disclosure to the Title IX Coordinator. It does not affect other mandatory reporting obligations under state child abuse reporting laws, the Clery Act as a campus security authority, or other laws that require reporting to campus or local law enforcement.

Decision Maker: Trained professional designated by Quincy University to decide responsibility, sanction, or appeals. A Decision Maker may be one person or a panel of multiple people as determined by Quincy University. When there is no hearing, the Investigator may be appointed as the Decision Maker.

Disclosure or Report: A disclosure or report may be made by anyone, whether they learned about conduct potentially constituting sex discrimination under this Policy, or whether they personally experienced such conduct. A person making a disclosure or report may or may not be seeking to initiate an investigation.

Education Program or Activity: Quincy University’s “education program or activity” includes all campus operations, including off-campus settings that are operated or overseen by Quincy University: including, for example, field trips, online classes, and athletic programs; conduct subject to Quincy University’s disciplinary authority that occurs off-campus; conduct that takes place via Quincy University-sponsored electronic devices, computer and internet networks and digital platforms operated by, or used in the operations of, Quincy University. Conduct that occurs outside of the education program or activity may contribute to a hostile environment within the program or activity.

Finding: a written conclusion by a preponderance of the evidence, issued by an Investigator, that the conduct did or did not occur as alleged.

Incapacitation: occurs when someone cannot make rational, reasonable decisions because they lack the capacity to give knowing and informed consent (e.g., to understand the “who, what, when, where, why, and how” of their sexual interaction). Incapacitation is determined through consideration of all relevant indicators of a person’s state and is not synonymous with intoxication, impairment, or being under the influence of drugs or alcohol. This Policy also covers a person whose incapacity results from temporary or permanent physical or mental health condition, involuntary physical restraint, and/or the consumption of incapacitating drugs, or who are sleeping.

No-Contact Directive: A No Contact Directive is a document issued by Quincy University administrator that is designed to limit or prohibit contact or communications between the parties. A No-Contact Directive may be mutual or unilateral, with the exception that a No-Contact Directive issued as either a sanction or remedy shall be unilateral, directing that the Respondent not contact the Complainant.

When requested by a Complainant or otherwise determined to be appropriate, Quincy University shall issue an interim, unilateral no-contact directive prohibiting the Respondent from contacting the complaint during the pendency of the decision-making process under this Policy, including any appeal.
Upon issuance of an interim no-contact directive, Quincy University shall provide the parties with a written justification for the directive and an explanation of the terms of the directive, including the circumstances, if any, under which a violation could be subject to disciplinary action.
Where a unilateral no-contact directive is issued after a decision of responsibility, it shall only apply against the party found responsible.

Notice: All notices under this Policy are written and sent to the student or employee’s assigned Quincy University email address or delivered via Certified Mail to the local or permanent address(es) of the parties as indicated in official Quincy University records, or personally delivered to the intended recipient.

Remedies: Remedies means measures provided, as appropriate, to a Complainant or any other person Quincy University identifies as having had their equal access to Quincy University ‘s education program or activity limited or denied by sex discrimination or other prohibited conduct covered by this Policy. These measures are provided to restore or preserve that person’s access to the education program or activity after a Quincy University determines that sex discrimination occurred. Only the Complainant will be informed of any remedies pertaining to them. Some examples are academic support and/or opportunity to retake a class or resubmit work or time extensions on course or degree completion, or non-academic support such as counseling, or changes to work assignments or locations. The Title IX Coordinator is responsible for implementation of remedies.

Respondent: an individual, or group of individuals such as a student organization, who has been reported to be the perpetrator of conduct that could constitute Prohibited Conduct under this policy; or retaliation for engaging in a protected activity.

Sanctions: One or more of the sanctions or disciplinary steps listed here may be imposed on a Respondent who is found responsible for a violation of Quincy University’s policies. Sanctions or disciplinary steps not listed here may be imposed in consultation with the Title IX Coordinator.

The form of sanction or discipline used will depend on the nature of the offense, as well as any prior disciplinary history. Such discipline or sanction will be imposed pursuant to and in accordance with any and all applicable Quincy University rules, policies, and procedures. Factors considered when determining a sanction/responsive action may include:

The nature, severity of, and circumstances surrounding the violation;
An individual’s disciplinary history;
Previous grievances or allegations involving similar conduct;
The need for sanctions/responsive actions to bring an end to the sex discrimination or retaliation;
The need for sanctions/responsive actions to prevent the future recurrence of sex discrimination or retaliation;
The need to remedy the effects of the sex discrimination or retaliation on the victim and the campus community.

Student sanctions imposed are implemented when the decision is final (after an appeal, or, if there was no appeal, after the appeals period expires).

Faculty found responsible for violating this Policy may be referred to the appropriate academic official for any other applicable processes.

Possible sanctions and disciplinary steps for student Respondents include, but are not limited to the following:

Warning: A formal statement that the conduct was unacceptable and a warning that further violation of any Quincy University policy, procedure, or directive will result in more severe sanctions/responsive actions.

Required Counseling: A mandate to meet with and engage in either Quincy University-sponsored or external counseling to better comprehend the misconduct and its effects.

Probation: A written reprimand for violation of institutional policy, providing for more severe disciplinary sanctions in the event that the student or organization is found in violation of any institutional policy, procedure, or directive within a specified period of time. Terms of the probation will be articulated and may include denial of specified social privileges, exclusion from co-curricular activities, exclusion from designated areas of campus, no-contact orders, and/or other measures deemed appropriate.

Suspension: Termination of student status for a definite period of time not to exceed two years and/or until specific criteria are met. Students who return from suspension are automatically placed on probation through the remainder of their tenure as a student at Quincy University.

Expulsion: Permanent termination of student status and revocation of rights to be on campus for any reason or to attend Quincy University-sponsored events. This sanction will be noted permanently as a Conduct Expulsion on the student’s official transcript, subject to any applicable expungement policies.

Withholding Diploma: Quincy University may withhold a student’s diploma for a specified period of time and/or deny a student participation in commencement activities if the student has an allegation pending or as a sanction if the student is found responsible for an alleged violation.

Revocation of Degree: Quincy University reserves the right to revoke a degree previously awarded from Quincy University for fraud, misrepresentation, and/or other violation of Quincy University policies, procedures, or directives in obtaining the degree, or for other serious violations committed by a student prior to graduation.

Organizational Sanctions: Deactivation, loss of recognition, loss of some or all privileges (including Quincy University registration) for a specified period of time.

Other Actions: In addition to or in place of the above sanctions, Quincy University may assign any other sanctions as deemed appropriate.

Possible sanctions and disciplinary steps for staff and faculty Respondents include, but are not limited to:

Warning: - Verbal or Written

Performance Improvement/Management Process
Required Counseling
Required Training or Education
Probation
Loss of Annual Pay Increase
Loss of Oversight or Supervisory Responsibility
Demotion
Suspension with pay
Suspension without pay
Termination
Other Actions: In addition to or in place of the above sanctions, Quincy University may assign any other sanctions as deemed appropriate.

Student: Any person who has (or will have) attained student status by way of:

Admission, housing or other service that requires student status.
Registration for one or more credit hours.
Enrollment in any non-credit, certificate or other program offered by Quincy University.

Supportive Measures: Individualized measures offered as appropriate, as reasonably available, without unreasonably burdening a Complainant or Respondent, not for punitive or disciplinary reasons, and without fee or charge to the Complainant or Respondent to:

Restore or preserve that party’s access to Quincy University ‘s education program or activity, including measures that are designed to protect the safety of the parties or Quincy University’s educational environment; or
Provide support during Quincy University’s grievance procedures or during an alternative resolution process.

Supportive Measures: may include but are not limited to: counseling; extensions of deadlines and other course-related adjustments; campus escort services; increased security and monitoring of certain areas of the campus; restrictions on contact applied to one or more parties; leaves of absence; changes in class, work, housing, or extracurricular or any other activity, regardless of whether there is or is not a comparable alternative; no-contact directives (which may be mutual or unilateral at the discretion of the Title IX Coordinator); and training and education programs related to sex-based harassment. Supportive measures are non-disciplinary and non-punitive. Supportive Measures will also be offered to Respondents when they are notified of the allegations.

Any Supportive Measures put in place will be kept confidential, except when doing so impairs the ability of Quincy University to provide the Supportive Measures.

Quincy University will offer and coordinate supportive measures as appropriate for the parties as applicable to restore or preserve their access to Quincy University’s program or activity or provide support during Quincy University’s alternative resolution process or grievance procedures. Prohibited Conduct under this Policy have the right to request supportive measures from Quincy University regardless of whether they desire to make a complaint or seek alternative resolution.

A party may challenge Quincy University ‘s decision to provide, deny, modify, or terminate supportive measures when such measures are applicable to them. An impartial employee will be designated to consider modification or reversal of Quincy University ‘s decision to provide, deny, modify, or terminate supportive measures. When the individual providing Supportive Measures is a Deputy Title IX Coordinator or other individual identified by the Title IX Coordinator to provide Supportive Measures, the Title IX Coordinator will be designated to consider the challenge regarding supportive measures. The impartial employee will typically respond to the challenge within five (5) days.

The Title IX Coordinator has the discretion to implement or modify supportive measures. Violation of the parameters of supportive measures may violate existing codes or handbooks.

RESOURCES

Privileged & Confidential Resources for Students & Employees
Quincy Medical Group Mental Health Counselors

Employees Exempt from Reporting, for Students & Employees

Father John Doctor, VP Mission and & Ministry
Father Daren Zahnle, Director of Campus Ministry

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