1. Introduction

Georgetown College is committed to providing all individuals with an environment free of sex discrimination. Georgetown College prohibits all forms of sex discrimination including, but not limited to dating violence, domestic violence, sexual assault, sex-based intimidation and/or harassment, sexual harassment, sexual misconduct, sexual violence, and stalking. Instances of sex discrimination, in any form, will not be tolerated. Should such issues arise, the college has policies and procedures in place to handle these situations thoroughly, effectively and in a timely manner. These polices are not and should not be construed to be a replacement or alternative for the criminal justice system. Rather, they provide avenues through which the campus community may work to create a better environment.

The College will:

  • Respond to and investigate every reported complaint within a timely manner
  • Provide involved parties with appropriate resources such as connection to legal, mental and physical health care providers as well as campus policies on sex discrimination
  • Provide remedies when misconduct is discovered
  • Impose appropriate sanctions in a case-by-case manner
  • Protect the privacy of all those involved to the extent it is possible and where protecting that privacy does not put the individual or others at risk

Georgetown College is committed to addressing all forms of sex discrimination through enacting preventative measures, educating the campus community and the establishment of thorough grievance procedures. Georgetown College employees at all levels are responsible for taking reasonable and necessary action to prevent, address and respond to sex discrimination as permissible by their professional guidelines, which are based on the capacity in which they were hired by the College. For example, those hired as mental health counselors may be exempt from reporting instances of sexual assault if the individual does not pose a threat to themselves or the campus community. However, a faculty member who may also hold a degree in counseling would still be required to report as he/she was hired by the College in the capacity of faculty rather than mental health counselor.

 

  1. Scope of the Policy

This policy applies to any form of sex discrimination that is sufficiently severe, pervasive or persistent to deny or limit a student’s ability to participate in or benefit from any program or educational opportunity provided by Georgetown College.  Upon notice of sex discrimination, Georgetown College is responsible to take immediate steps to eliminate the harassment, remedy its’ effects and prevent its’ recurrence.  This policy applies to all College-related activities both on and off campus and applies to all individuals involved in these activities.  This policy applies to all students, faculty, and staff (hourly or salary) regardless of sexual orientation or gender identity.  Any member of the Georgetown College community found in violation of these policies may be subject to disciplinary action, up to and including termination of employment.

Likewise, the policy also applies to conduct by third parties, who are not themselves employees or students of Georgetown (such as a visiting speaker, contracted professional or visiting athletic team).  The disciplinary actions the College may take will differ depending on the level of control the school has over the harasser.  Regardless of the level of disciplinary action that may be taken, Georgetown is committed to remedying the effects of any sex discrimination and preventing its’ recurrence.

It should be noted that harassment does not include verbal expressions or written material that is relevant and appropriately related to course subject matter or curriculum. The policy does not limit classroom teaching concerning sexual topics legitimately related to the content or purposes of a course, even though such topics may elicit discomfort in a class member. Nor is this policy intended to limit scholarly research, publication, or public speaking on gender-related topics.

All members of the Georgetown community are required to comply with the policy and procedures outlined to address complaints. In addition to the procedures outlined herein, discrimination and harassment complaints may be filed with the U. S. Equal Employment Opportunity Commission or U. S. Department of Education, Office for Civil Rights. Any complaint of sexual harassment filed under the College’s policy shall be processed even if the complainant also files a complaint or suit with an outside agency, U. S. Equal Employment Opportunity Commission or U. S. Department of Education, Office for Civil Rights. Retaliation against anyone who makes a complaint or participates in the complaint process will not be tolerated.

  1. Confidentiality Policy

If you are a victim or are aware of an instance of sex discrimination and/or sexual misconduct, we highly encourage you to report.  We have resources to offer and may be able to help.  There are several options for reporting with differing levels of confidentiality.  We will make every effort to keep the report as private as you wish.

Certain employees can maintain complete confidentiality (unless there is a concern for your safety or the safety of others) and are not required to share the details of the incident with anyone else.  Other employees are required to share certain details of your report with specific professional staff on campus.  Likewise, in certain situations the College has Federal reporting requirements.  In these cases your information will be shared with as few people as possible and every effort will be made to maintain your privacy.

If you are unsure of a staff or faculty member’s reporting requirement, please ask. This policy is intended to make individuals aware of the various reporting and confidential disclosure options available so that individuals can make informed choices about where to turn should they become a victim of, or are aware of sex discrimination. The reporting avenues, levels of confidentiality and other College reporting requirements are outlined in Section 8: Reporting Policies and Protocols.

All individuals involved in an investigation or adjudication procedure will be informed of the importance of confidentiality and asked to sign a confidentiality statement.

 

  1. Options for Assistance

Assistance immediately after an incident of sexual misconduct

If you or someone you know is a victim of sexual assault, the following procedures are encouraged.

  1. Go to a safe place.
  2. Call someone whom you trust and/or
  3. Please consider seeing a medical professional.  There are many benefits from doing so.  Seek medical care at an emergency room or hospital of your choice. It is important to have a medical exam to check for physical injuries and disease, to dispense pregnancy information and prophylaxis if necessary, and to collect evidence should you decide to prosecute. If you are planning on filing a criminal complaint, the medical exam must be done within 72 hours of the assault.  You may have the exam and then decide not to prosecute.  It may be helpful to ask for someone you trust, a Georgetown staff member or a volunteer from the Rape Crisis Center to go with you.
  4. If you want to prosecute there are steps you can take to help preserve evidence.  You should avoid changing clothes, bathing, douching, urinating or defecating before arriving at the ER.  Urine samples will be necessary to test for any date rape drugs. Do bring extra clothes with you, as clothing may be held as evidence.

We encourage you to report any instance of sex discrimination or sexual misconduct to campus personnel so we may provide you with support, assistance and resources.  Campus personnel can also assist you in contacting other resources both on and off campus.

  1. Campus Safety:  502-863-7969
  • Available 24 hours a day
  • Campus Safety can also connect you with a campus counselor or the Title IX Coordinator in after-hours emergencies
  1. Title IX Coordinator:  502-863-7969
  • To reach after hours please contact Campus Safety at 502-863-8111
  • Title IX Coordinator Deputies
    • Mike Brown 502-863-8371
    • Kristen Pearson 502-863-7977
  1. Student Wellness Center Counselors:  502-863-7074
  •  To reach after hours please contact Campus Safety at 502-863-811
  1. Local Law Enforcement:  911 or 502-863-7820
  2. Bluegrass Rape Crisis Center:  1-800-656-4673
  3. Georgetown Community Hospital:  502-868-1201
  • Please note this hospital does not offer Sexual Assault Nurse Examiners or “rape kits”.  UK Chandler Hospital in Lexington, KY offers these services.  Their contact number is below.
  1. UK Chandler Hospital:  859-323-5000

 

The College will also offer remedies and/or accommodations for individuals reporting issues of sexual misconduct.  Some examples of these are below. No formal complaint or investigation, campus or criminal, need occur before these options are available.

 

The College will:

  • Inform the complainant of and, offer to assist in accessing available resources both on and off campus such as mental health counseling, physical health care providers, legal assistance and victim advocacy services.
  • Inform the complainant of the right to report to local law enforcement and provide assistance if the complainant so wishes.
  • Offer other security and support services such as

o    Issuing a campus no-contact order against another student who has engaged in or threatens to engage in sexual misconduct, stalking, threatening, harassing or other improper behavior that presents a danger to the welfare of the complaining student or others;

o   Arranging a change of living, working arrangements or academic accommodations so the complainant need not face the accused.  Academic accommodations will vary based on the situation and class, but may include things such as assignment rescheduling, taking an incomplete in a class, transferring class sections, temporary withdrawal, alternative course completion options, etc.

 

 

Ongoing Assistance

You may have needs for ongoing support and many questions in the days and weeks following instances of sex discrimination and/or sexual violence.  Georgetown College encourages you to utilize the following resources.  These resources are available to you whether or not you choose to make an official report or participate in an institutional disciplinary and/or criminal process

Counseling and Advocacy Services

  • On campus: Student Wellness Center:  502-863-7074.  Services are free to students
  • Off campus:  Bluegrass Rape Crisis Center:  1-800-656-4673

Health Care Providers

  • On campus:  Student Wellness Center:  502- 863-8201.  Services are free to students
  • Off campus: Georgetown Community Hospital:  502-868-1201
  •  Off campus:  UK Chandler Hospital:  859-323-5000

Georgetown College Title IX Coordinator:  Laura Wyly:  502-863-7969

Title IX Coordinator Deputies:  Mike Brown 502-863-8371 and Kristen Pearson 502-863-7977

  •  The Title IX Coordinator is trained in issues of sex discrimination and can connect you to resources, answer questions and offer other forms of assistance as appropriate.  The Title IX Coordinator can help provide ongoing support with an institutional disciplinary process or a criminal process.

 

  1. Title IX Coordinator

The Title IX Coordinator for Georgetown College is Laura Wyly, Dean of Students.  She can be reached at laura_wyly@georgetowncollege.edu or 502-863-7969.  To reach her after hours or in an emergency, please contact Campus Safety at 502-863-8111.

There are also 2 Title IX Coordinator Deputies tasked with assisting in conducting investigations and implementing policy. They are Mike Brown (502-863-8371) and Kristen Pearson (502-863-7977)

The Title IX Coordinator is responsible for the following:

  • Oversight and implementation of the Sex Discrimination and Sexual Misconduct policy including investigation and adjudication procedures.
  • Ensure all members of the investigation and adjudication teams for sex discrimination are trained in issues specific to sex discrimination and sexual misconduct.
  • Educate the campus community on reporting requirements for sex-based offenses including when and how to report instances of sex discrimination.
  • Coordinate trainings for the campus community (students and staff) on issues of sex discrimination and sexual misconduct.

There are also 2 Title IX Coordinator Deputies tasked with assisting in conducting investigations and implementing policy.  They are Mike Brown (502-863-8371) and Kristen Pearson (502-863-7977)

  1. Definitions and Examples

Definitions

There are many terms used in issues of sex discrimination.  The following will provide some common definitions and examples.

  • Accused:  The alleged perpetrator of any form of sex discrimination
  • Coercion:  Coercion is unreasonable pressure for sexual activity.
  • Complainant:  The alleged victim or individual reporting the issue of sex discrimination.
  • Consent:  Consent is an active giving of permission to engage in activity. Consent is clear, knowing and voluntary. Consent may be given through words or actions.  Silence should not be interpreted as consent. Absence of protest is not consent.   Previous history does not imply consent for future activity.  Likewise, consent to one activity does not imply consent to another.  Consent to engage in sexual activity with one person does not imply consent to engage in sexual activity with another.  Consent can be withdrawn at any time.  Consent cannot be given under pressure, force, threats, intimidation, coercion or while incapacitated due to the influence of alcohol and/or drugs.  In order to give consent one must be of legal age and not incapacitated mentally or physically.  Lack of consent occurs when:
  •  A person is forced to submit.
  • The person does not expressly or implicitly agree with the accused person’s conduct under circumstances other than forcible compulsion or incapacity to consent.
  • A person is deemed to be incapable of consenting if he/she is less than 16 years old, is mentally challenged, suffers from mental illness, or is physically helpless or is totally incapacitated.
  • A person is rendered temporarily incapable of appraising or controlling his/her conduct as a result of a controlled or intoxicating substance administered to him/her with or without consent or knowledge.
  • A person is unable to consent when he/she is unconscious, or for any other reason is physically unable to communicate unwillingness to act.
  • Dating Violence/Domestic Violence:  Dating and Domestic Violence occurs when controlling, abusive or aggressive behaviors are used by one person to gain power over the other.  It can happen in cohabitating or romantic relationships that are mixed or same sex.  Controlling, abusive or aggressive behaviors can include physical violence, threat of physical violence, emotional, mental or sexual abuse or a combination.  It may also include violence or threats of violence against others as a means to control the victim.
  • Force is the use of physical violence and/or imposing on someone physically to gain sexual access.  Force includes threats, intimidation (implied threats) and coercion that overcome resistance or produce consent.  The presence of force is not demonstrated by the absence of resistance. Sexual activity that is forced is by definition non-consensual, but nonconsensual sexual activity is not by definition forced.
  • Incapacitation:  Incapacitation is a state where an individual cannot make a rational or reasonable decision because he/she lacks the ability or information to understand the sexual interaction to the fullest extent.  Incapacitation can result from mental or physical disabilities, drug or alcohol use, physical restraints, “date-rape” drugs, or anything that effects the individual’s ability to make a clear and informed decision.  Incapacitation occurs anytime sexual activity takes place where the alleged victim does not understand the “who, what, when, where, why and how”
  • Intimidation:  Intimidation is the act of using coercion, instilling fear or making threats to induce submission, compliance or acquiescence from another.
  • Non-Consensual Sexual Contact: Non-consensual sexual contact is any intentional sexual touching, however slight with any object, by a man or a woman upon a man or a woman that is without consent and/or by force
  • Retaliation:  Retaliation occurs when an individual seeks a form of revenge against another for a perceived wrong
  • Sex Discrimination/Sexual Misconduct:  Sex Discrimination and sexual misconduct occurs anytime a person’s sex becomes a factor or basis in treating them unfairly.  Sex Discrimination may also occur when an individual is treated unfairly due to his/her connection with a group or organization that is typically associated with a certain sex. Sex discrimination includes behaviors such as sexual assault, sexual harassment, any non-consensual behavior of a sexual nature, domestic or dating violence and stalking.  Such behaviors could be committed by force, intimidation or use of a victim’s incapacity (physical, mental or through the use of drugs or alcohol.
  • Sexual Assault: Sexual assault is defined as sexual intercourse or sexual contact with another person by forcible compulsion and/or without consent. Forcible compulsion may be committed by means such a physical power, coercion or incapacitation. Acts of sexual assault include rape, oral or anal intercourse, and other sexual acts not involving intercourse to which participants are not both consenting. Absence of protest is not consent.
  • Sexual Contact:  Sexual contact includes intentional contact with the breasts, buttocks, groin, or genitals, or touching another with any of these body parts, or making another person touch you or themselves with or on any of these body parts; any intentional bodily contact in a sexual manner, though not involving contact with/of/by breasts, buttocks, groin, genitals, mouth or other orifice.
  • Sexual Exploitation:  Sexual exploitation occurs when a student takes non-consensual or abusive sexual advantage of another for his/her own advantage or benefit, or to benefit or advantage anyone other than the one being exploited, and that behavior does not otherwise constitute one of the other sexual misconduct offenses.  Examples of sexual exploitation include:
  • Invasion of sexual privacy
    • Non-consensual video or audio-taping of sexual activity
    • Going beyond the boundaries of consent (such as letting friends view you having consensual sex without the other party knowing)
    • Sexually-based stalking and/or bullying
    • Engaging in voyeurism
    • Knowingly transmitting an STI or HIV to another student
  • Sexual Harassment:  Sexual Harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:
  • Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or educational experience.
  • Submission to or rejection of such conduct by an individual is used as the basis for employment or educational decisions affecting such individual.  This can also include retaliating against the victim by the accused or by friends of the accused or others who are sympathetic to the accused.  In addition, retaliation directed toward a third party due to their participation in a grievance process or for supporting a grievance may be retaliatory harassment.
  • Such conduct is sufficiently severe, pervasive and persistent so as to alter the conditions of, or have the effect of substantially interfering with, an individual’s educational opportunity by creating an intimidating, hostile, or offensive environment.

Types of sexual harassment include:

  • Quid Pro Quo:  Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or educational experience.
  • Retaliatory:  Submission to or rejection of such conduct by an individual is used as the basis for employment or educational decisions affecting such individual.  This can also include retaliating against the victim by the accused or by friends of the accused or others who are sympathetic to the accused.  In addition, retaliation directed toward a third party due to their participation in a grievance process or for supporting a complainant may be retaliatory harassment.
  •  Hostile Environment:  Such conduct is sufficiently severe, pervasive and persistent so as to alter the conditions of, or have the effect of substantially interfering with, an individual’s educational opportunity by creating an intimidating, hostile, or offensive environment.
  • Stalking: Stalking is a course of conduct that occurs when one individual repeatedly directs unwanted or obsessive attention towards another.  Behaviors may include being in unnecessary or unusual repeated visual or physical proximity to the victim, nonconsensual communication, verbal, written, or implied threats, persistent patterns of leaving unwanted gifts, damaging or threatening to damage property, laying in wait and/or monitoring, defamation of character, harassment via internet or telephone, spreading rumors or a combination of these.

Examples of Sexual Misconduct

Examples of conduct prohibited by this policy include, but are not limited to, the following, when such conduct meets the aforementioned criteria above:

  1. Direct or implied threats that submission to sexual advances or rejection of sexual advances will be a condition of employment, work status or assignments, promotion, grades, letters of recommendation, salary, academic standing, or receipt of financial aid;
  2. Persistent unwelcome flirtation, advances and/or propositions of a sexual nature, intimidating conduct which exerts pressure for sexual favors, including inappropriate behavior or offensive advances (e.g., sexual propositions when the other person has made it clear that they are not interested) without threat of punishment for noncompliance and without promise of reward for compliance;
  3. Repeated insults, humor, jokes, and/or stories that belittle or demean an individual’s or group’s gender, race, color, religion, or national origin, and physical conduct or verbal innuendo which, because of one’s gender, race, color, religion, or national origin creates an intimidating, hostile, or offensive environment.
  4. Repeated unwelcome comments of a sexual nature about an individual’s body or clothing.
  5. A pattern of conduct in class, in the work-place, or in the general campus environment that a reasonable person would identify as creating a sexist atmosphere; that is, an atmosphere that demeans or oppresses people simply by virtue of their gender. Examples of such patterns of conduct might include persistent denigration of women or men through sexist humor or remarks, assignment according to gender of tasks that are not gender-specific, or other activities that, by alienating or discouraging members of one sex, tend to impair their academic or professional performance or their ability to function within the community (e.g., hanging of signs which depict women/men in a derogatory manner, yelling sexist remarks from windows as women/men walk by);
  6. Behavior that would cause discomfort or humiliate a reasonable person through one or more of the following:
    1. Inappropriate touching, patting, pinching, unwanted hugging, or brushing against a person’s body,
    2. Remarks of a sexual nature about a person’s clothing or body,
    3. Remarks about sexual activity or speculation about previous sexual experience or sexual orientation, or other sexually suggestive remarks or insults.
  1. Reporting Policies and Protocols

Georgetown College encourages all members of the campus community to report instances of sex discrimination and sexual assault.  You may report if you are a victim, or you are a third party who is aware of an issues of sex discrimination or sexual assault.  There are various avenues for reporting with varying levels of confidentiality and services available.  Certain employees can maintain complete confidentiality and are not required to share the details of the incident with anyone else, unless there is a concern for your safety or the safety of others.  Other employees are defined as “responsible employees” as they are required to share your report with the Title IX Coordinator so that Georgetown may take steps to offer you support services, prevent the recurrence of the sex discrimination, etc. In these cases your information will be shared with as few people as possible and every effort will be made to maintain your privacy.  Regardless of the reporting avenue you choose, we will make every effort to keep the report as private as you wish.

If you are unsure of a staff or faculty member’s reporting requirement, please ask. This policy is intended to make individuals aware of the various reporting and confidential disclosure options available so that individuals can make informed choices about where to turn should they become a victim of or aware of sex discrimination. The reporting avenues, levels of confidentiality and other College reporting requirements are outlined below.

Retaliation

Retaliation against any individual who makes a complaint or participates in the complaint process will not be tolerated.

Reporting Avenues

Confidential Reporting

The Student Wellness Center counselors and health care professionals can provide you with confidential reporting.  These employees cannot and will not share the details of your report without your consent.  However, should your report indicate there is a concern for your safety or the safety of others, they may have to share some details.  They can be reached at 502-863-7074.  To reach them after-hours please contact Campus Safety at 502-863-8111.  These individuals can connect you with resources and explain the other reporting options that are available to you as well.

Off-campus counselors, advocates, and health care providers will also generally maintain confidentiality and not share information with the College unless the victim requests the disclosure and signs a consent or waiver form.  If you would like to report to someone off campus, you may also contact the Rape Crisis Center at 859-863-7350

Private Reporting

You may also report issues of sex discrimination and/or misconduct to any faculty member or Student Life staff (Residence Life Staff, Campus Safety, etc).  These individuals are defined as “responsible employees” and are required to share your information with the Title IX Coordinator.  Your information will be shared with as few people as possible.  Every effort will be made to keep the details private.   The details of your report, to whom you report and the course of action you wish to pursue will determine how your information is shared.  A responsible employee should not share information with law enforcement without the complainant’s consent or unless the complainant has also reported the incident to law enforcement.

When a responsible employee is made aware of an incident of sex discrimination or sexual misconduct, the complainant has the right to expect the College to take immediate and appropriate steps to investigate what happened and to resolve the matter promptly and equitably.

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

Title IX Coordinator

The Sexual Misconduct Policy oversight and implementation is the responsibility of the Title IX Coordinator.  The Title IX Coordinator for Georgetown College is Laura Wyly, Dean of Students.  She can be reached at laura_wyly@georgetowncollege.edu or 502-863-7969.  To reach her after hours or in an emergency, please contact Campus Safety at 502-863-8111.The Title IX Coordinator is supported by two Deputy Title IX Coordinators. They are Mike Brown who can be reached at 502-863-8371 and Kristen Pearson who can be reached at 502-863-7977.

Local Law Enforcement

You may also report to the Georgetown Police Department.  They can be reached via 911 or by calling 502-863-7820.  They can assist in filing civil charges. Sexual assault is a criminal offense. Georgetown College realizes colleges cannot and should not hold themselves as an alternative to the criminal justice system.

Take Back the Night and Other Public Awareness Events

Public awareness events such as “Take Back the Night,” the Clothesline Project, candlelight vigils, protests, “Survivor Speak Outs” or other forums in which students disclose incidents of sexual violence, are not considered notice to the College of sexual violence for purposes of triggering its obligation to investigate any particular incident(s). Such events may, however, inform the need for campus-wide education and prevention efforts, and the College will provide information about students’ Title IX rights at these events.

College Reporting Requirements

Federal Reporting Obligations

Campus officials have a duty to report certain forms of sex based discrimination and/or misconduct for federal statistical reporting purposes. All personally identifiable information is kept confidential, but statistical information must be passed along to campus law enforcement regarding the type of incident and its general location for publication in the annual Campus Safety Report.

Federal Timely Warning Reporting Obligations

Victims of sexual misconduct should also be aware that College administrators must issue timely warnings for incidents reported to them that pose a substantial threat of bodily harm or danger to members of the campus community. The College will make every effort to ensure that a complainant’s name and other identifying information is not disclosed, while still providing enough information for community members to make safety decisions in light of the danger.

Parental Notification

Georgetown College reserves the right to notify parents/guardians of dependent students regarding any health or safety risk. The College may also notify parents/guardians of non-dependent students who are under age 21 of alcohol and/or drug policy violations. The College may contact parents/guardians to inform them of situations in which there is a health and/or safety risk. Georgetown College also reserves the right to designate which College officials have a need to know about individual conduct complaints pursuant to the Family Educational Rights and Privacy Act.

What to Expect When you Report

1. If you contact a member of Residence Life (your RA or RD), Campus Safety, faculty or professional staff (not including those hired by Georgetown College as mental or physical health providers):

  • The employee will notify the Title IX Coordinator of the incident.
  • You may be contacted by the Title IX Coordinator regarding the incident.
  • An investigation conducted by a campus employee trained as a Title IX investigator may begin if the individual so chooses or if the incident suggests there is an ongoing threat to the campus community.  An investigation does not mean that your personal identity will be revealed to the campus community nor does it mean that you would ever have to come face to face with the accused.
  • The Title IX Coordinator will offer to connect you to local police, mental and physical health care providers and legal resources if you so desire
  • If the accused is a member of the campus community, the Title IX Coordinator can order the accused to cease and desist from any intentional contact, direct or indirect, with you.  We may also be able to offer housing and/or classroom accommodations so that the complainant need not face the accused.
  • You will also be given the opportunity to contact the Georgetown College Counseling Center or another agency in the community such as a rape crisis center.
  • The nature of your report (i.e. sexual assault) may be included in the College’s crime statistic log.  The crime log does not include personally identifiable information, just that a report of an issue such as sexual assault was taken.  Likewise, should the nature of your report pose a threat to the campus community, general information may need to be shared.  This is further explained in the Federal Reporting Obligations section below.
  • If you chose to move forward with a campus judicial process, the individuals who facilitate that process will be notified as well as the accused

2. If you contact the Student Wellness Center:

  • A counselor and/or PA will meet with you on-campus and provide support.
  • The counselor and/or PA will not share any information of the incident with law enforcement or a member of the Georgetown College community without your consent unless there is a clear threat to other members of the Georgetown College community or the individual makes statements of a suicidal/homicidal nature.
  • The counselor and/or PA will explain reporting options and support you in whatever decision you make regarding reporting or not reporting.
  • If you choose to file a report with the Title IX Coordinator or law enforcement, a counselor may accompany you and support you through the process if you so desire.

3. If you contact Georgetown Police:

  • Georgetown police will meet you on campus to discuss the incident and create a report.
  • The police will ask you for details of the sex discrimination and explain your legal rights.
  • They may contact a victim advocacy service or the alleged perpetrator.  Their actions will depend on what you report and how you want to proceed.
  • The police may contact Campus Safety to let them know that they are on campus.

4. If you go to the hospital for an exam:

  • You may request a sexual assault exam to be completed.
  • A police officer may be contacted and you may be asked to make a report.  The officer is there to collect any evidence obtained during the exam.
  • If you consent to make a police report, the Commonwealth of Kentucky will pay for the exam and the exam will not be billed to your insurance.
  • If you are 18, your parents will not be notified without your consent.
  • Making a report and completing an exam preserves the option to prosecute, but does NOT commit an individual to pressing charges.
  • You may request a member of Georgetown College community, the Counseling Center, or an advocate from the Bluegrass Rape Crisis Center to accompany you to the exam.
  1. Investigation Procedures and Protocols

The College will investigation all reports of sex discrimination and sexual misconduct.  However, the level and scope of the investigation may in some cases be decided by the reporting individual.   Responsibility for the investigation model is assigned to the Title IX Coordinator.  The Title IX Coordinator oversees the training and implementation of the investigator team.

Formal Investigations

Formal investigations with willing participants provide the most thorough and effective process.  They are also necessary for campus disciplinary proceedings.  Formal investigations of sex discrimination of alleged sex discrimination and sexual misconduct will be handled using an Investigator Model.  In this model an investigator(s) serves as a neutral fact-finder who will interview the complainant, the accused, witnesses and gathers any other evidence as necessary.  The lead investigator will be assigned by the Title IX Coordinator and will be trained in issues of sex discrimination.  Issues such as impartiality, appropriateness based on involved parties, fit, etc. will be considered in appointing the lead investigator on any case.

The lead investigator may interview the complainant, the accused, witnesses, any parties with potentially relevant information, review video footage, and investigate any other appropriate avenues that may provide pertinent information.  The investigator will keep both the complainant and the accused apprised of their rights and the status of the process.  The investigator will compile all the investigation material into a report.  The report will be submitted to the Chair of the Executive Hearing Committee who will make a determination of charges.  Should a hearing be deemed necessary, the report will be given to the Executive Hearing Committee for adjudication.  The steps of the process are outlined in Section 9.  Grievance and Adjudication Procedures.

Informal Investigations and Requests for Confidentiality

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

 

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

Although rare, there are times when the College may not be able to honor a complainant’s request not to investigate in order to provide a safe, non-discriminatory environment for all students.  When weighing a complainant’s request for confidentiality or that no investigation or discipline be pursued, the College will consider a range of factors, including the following:

  • The increased risk that the accused will commit additional acts of sexual or other violence, such as:
  • Whether there have been other sexual violence complaints about the same accused
  • Whether the accused has a history of arrests or records from a prior school indicating a history of violence
  • Whether the accused threatened further sexual violence or other violence against the victim or others
  • Whether the sexual violence was committed by multiple perpetrators;
  • Whether the sexual violence was perpetrated with a weapon;
  • Whether the complainant is a minor
  • Whether the College possesses other means to obtain relevant evidence of the sexual violence (e.g., security cameras or personnel, physical evidence);
  • Whether the complainant’s report reveals a pattern of perpetration (e.g., via illicit use of drugs or alcohol) at a given location or by a particular group.

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

If the College determines that it cannot maintain a complainant’s confidentiality, the College will inform the complainant prior to starting an investigation and will, to the extent possible, only share information with people responsible for handling the College’s response.

The College may not require a victim to participate in any investigation or disciplinary proceeding. Because the College is under a continuing obligation to address the issue of sexual violence campus-wide, reports of sexual violence (including non-identifying reports) will also prompt the College to consider broader remedial action such as increased monitoring, supervision or security at locations where the reported sexual violence occurred, increasing education and prevention efforts, conducting climate assessments/victimization surveys and/or revisiting its policies and practices.

If the College determines that it can respect a complainant’s request for confidentiality, the College will also take immediate action as necessary to protect and assist the complainant. The College will offer remedies and/or accommodations for the complainant.  Some examples of these are below. No formal complaint or investigation, campus or criminal, need occur before these options are available.

The College will:

  • Inform the complainant of, and offer to assist in accessing available resources both on and off campus such as mental health counseling, physical health care providers, legal assistance and victim advocacy services.
  • Inform the complainant of the right to report to local law enforcement and provide assistance if the complainant so wishes.
  • Offer other security and support services such as

o    Issuing campus a no-contact order against another student who has engaged in or threatens to engage in stalking, threatening, harassing or other improper behavior that presents a danger to the welfare of the complaining student or others;

o   Arranging a change of living, working arrangements or academic accommodations so the complainant need not face the accused.  Academic accommodations will vary based on the situation and class, but may include things such as assignment rescheduling, taking an incomplete in a class, transferring class sections, temporary withdrawal, alternative course completion options, etc.

Confidentiality

All individuals involved in an investigation and/or adjudication process will be informed of the importance of confidentiality and asked to sign a confidentiality statement.  Conversations and information that result from an investigation or disciplinary proceeding are private and should not be shared.

Time Frames

Investigations will be conducted in reasonable and prompt timeframes with a goal for resolution of any sex discrimination complainant being 60 days.  Certain issues, such as the point in the semester when the incident is reported may result in prolonged investigations.  For example, conducting interviews during semester breaks may be more challenging as students, faculty or staff may be away.  Every effort will be made to find resolution within the 60 day time frame.  If the incident is also be being investigated by local law enforcement, the campus process need not wait for the outcome of the criminal justice system process before making a final determination.

 

  1. Grievance/Adjudication Procedures

Hearing Committee

Mediation is never an appropriate means for handling issues of sex discrimination and sexual misconduct.  Sex discrimination hearings will be heard by a Hearing Committee.  All members have been trained in issues of sex discrimination and sexual misconduct.  This committee is composed of students, faculty and staff and will represent both genders.  The committee chair will be the Director of Student Accountability or his/her designee and serve as a facilitator, but not a voting member. At least 5 voting members must be present for a hearing to take place with no more than 7 sitting on any hearing.

In instances of employee on student hearings, students will not sit on the committee.  In such instances an Executive Hearing Committee will be composed.  This committee may also hear incidents of sexual misconduct, issues requiring a high degree of confidentiality or issues high in severity.  The Executive Hearing Committee Chair will be the Director of Human Resource or his/her designee and serve as a facilitator, but not a voting member.  Both the student and employee may bring an advocate to each stage of the hearing.

The committee members will be informed of the names of the complainant and accused prior to the hearing.  Should circumstances arise in which a hearing committee member cannot be impartial and/or there is a conflict of interest, that member will be replaced with another.  For example, if a hearing committee member is a relative or roommate of one of the individuals involved in the report, their impartiality may be compromised making it inappropriate for them to hear that particular case.  Hearing Committee members are expected to recuse themselves from hearings in which they identify a potential bias.  Likewise, both the complainant and the accused may petition that a member of the Executive Hearing Board be replaced due to bias.  Any concerns with a hearing committee member’s impartiality or fit should be brought to the attention of the Hearing Committee Chair. The Chair will have final say on who sits on the committee and hears any particular case.

Standard of Proof

The standard of proof used for hearing cases of sex discrimination and sexual misconduct will be preponderance of the evidence or “more likely than not”.  Findings of responsible or not responsible for sex discrimination cases will be made based on this standard of proof in determining if a violation occurred.

Complainant and Accused Rights:

  • The right not to be discouraged by College officials from reporting an assault to both on-campus and off-campus authorities.
  • The right to be informed by College officials of options to notify proper law enforcement authorities, including on-campus and local police, and the option to be assisted by campus authorities in notifying such authorities, if the student so chooses. This also includes the right not to report, if this is the victim’s desire.
  • The right to have complaints of sexual misconduct responded to quickly and with sensitivity.
  • The right to be notified of available counseling, mental health or student services, both on campus and in the community.
  • The right to investigation and appropriate resolution of all credible complaints of sexual misconduct made in good faith to College administrators.
  • The right to be treated with respect by College officials.
  • The right to preservation of confidentiality, to the extent possible and allowed by law.
  • The right to a hearing closed to the public.
  • The right to be present for all testimony given and evidence presented before the Executive Hearing Committee.
  • The right not to have irrelevant prior sexual history admitted as evidence in a campus hearing.
  • The right to a campus accountability outcome based solely on evidence presented during the conduct process. Such evidence shall be credible, relevant, based in fact, and without prejudice.
  • The right to appeal the finding and sanction of the Executive Hearing Committee in accordance with the standards for appeal.
  • The right to a fundamentally fair hearing, as defined in these procedures.
  • The right to have College policies and procedures followed without material deviation.

Individuals Present at the Hearing

Those present at the hearing will include:

  • 5 or 7 members of the Hearing Committee
  • The complainant
  • The accused
  • The Title IX Investigator/s
  • Advocates:  Both the complainant and the accused may have one advocate present during the hearing.  This may be a College official, legal counsel, friend, parent, etc.  The complainant/accused may confer with their advocate, but the advocate may not participate in the hearing.
  • Witness may be called to provide statements.

If any party is uncomfortable being in the same room for the hearing, accommodations may be made such as using Skype, thereby allowing the hearing to take place without direct confrontation.

Notification of Hearing

All parties whose presence is requested at the hearing will be notified in writing seven calendar days prior to the hearing.  Notifications will be made via campus email by the Executive Hearing Committee Chair/Dean of Students and include:

  • The time and location of the hearing.
  • Notice of the alleged violations within the complaint including the nature of the violation
  • Possible sanctions should the accused be found responsible for a violation
  • The names of the members of the Executive Hearing Board assigned to the case.  Neither the accused nor the complainant may directly or indirectly contact any member of the Executive Hearing Committee prior to the hearing.
  • The names of all witnesses who will be called at the hearing, except in cases where a witness’ identity may not be revealed for compelling safety reasons.  Upon review of witnesses to be called either the accused or complainant may request that additional witnesses be called.  This request should be made to the Executive Hearing Committee Chair who will determine with the Title IX Investigator if the new witnesses will be added to the hearing.  If added, the complainant and accused will be notified no less than 48 hours prior to the hearing.  Witnesses may be added no later than 48 hours prior the hearing.
  • All documentary evidence to be presented at the hearing (subject to confidentially limitations imposed by state and federal law).  Both the complainant and the accused have the opportunity to review this at least 48 hours prior to the hearing.  Requests to review this evidence should be made in writing to the Executive Hearing Committee Chair.
  • The rights nature, rules and procedures of the campus conduct process as outlined in this policy

Hearing Steps

The Investigator Report will be given to the Executive Hearing Committee chair who will make a determination of charges and if necessary, schedule a hearing with the Executive Hearing Committee.  The steps are as follows:

  • Introductions:  The hearing will be facilitated by the Executive Hearing Committee chair and begin with introductions.
  • Presentation of Investigator Report:  The lead investigator will present the report to the Executive Hearing Committee.
  • Questioning:
    • Members of the Executive Hearing Committee will be given the opportunity to ask questions of the accused, the complainant and/or the investigator.
    • The accused and complainant may not directly ask questions of each other or any witnesses.  Should such a question arise, the complainant or accused will in writing submit the question to the committee chair.  The committee chair will determine the appropriateness and/or usefulness of the question and then present the question or deny it.
    • Questions about prior sexual conduct with any individual other than the alleged perpetrator are prohibited
    • Evidence of a prior consensual dating or sexual relationship between the accused and complainant does not imply consent or preclude a finding of sexual misconduct.
  • Witnesses:  Any witnesses or individuals with relevant information will then be called. Video footage and other types of evidence will be reviewed. The Executive Hearing Committee will first be allowed to ask questions of witnesses.  The complainant and accused will then be permitted to ask questions of witnesses.  Witnesses will be called as needed, questioned and dismissed.  Witnesses will be present only for the portion of the questioning that applies to them directly.
  • Statements:  The complainant and the accused will then both be given a chance to make a statement after all questioning is finished.
  • Dismissal:  At this point the complainant, accused, investigator, advocates, witnesses and any other individuals will then all be dismissed leaving only the Executive Hearing Committee.
  • Deliberation:  The Executive Hearing committee will deliberate and make a determination of responsible or not responsible for the accused.
  • Sanctioning:  If a determination of responsible is reached, the board will then assign sanctions.

 

Sanctions

Sanctions will be determined based on the severity of the incident and taking into account any previous conduct issues.  Sanctions may include actions such as a warning, educational sanctions such as research and writing on an assigned topic, social probation, denial from participation in a campus event or organization, community service, mandated participation in counseling, removal from College housing, suspension and/or expulsion.

Notification of Outcome

In sex discrimination cases, both the accused and complainant will be notified simultaneously, in writing via campus email of the outcome within 48 hours of completion of the hearing.  The complainant will also be notified of any sanctions assigned to the accused that may impact the complainant.

 Appeals Process

  • Both the complainant and the accused are granted 1 opportunity for appeal
  • Appeals should be submitted in writing to the Committee Chair in writing within 7 days of notification of outcome.
  • Appeal requests may be made on the following grounds:
    • An excessive or inappropriate sanction was given
    • Procedural errors or bias existed in the hearing that were sufficient enough to deny a fair hearing process
    • Lack of sufficient evidence to support the finding
    • Admission of new material or evidence that is not merely corroborative repetitive and was not present at the time of the initial hearing
  • A request for an appeal does not necessarily mean that one will be granted.
  • The committee chair and Title IX coordinator will appoint an appellate committee.  Membership of the appellate committee will be determined based on the status of the involved individuals (i.e. student, employee, etc.  Students will not sit on cases involving employees)
  • In employee on student cases the appellate committee may be h
  • The Appellate Committee will decide within 7 calendar days of an appeal request if the appeal will be heard.  This will be communicated to the appellant in writing with the date, time and location of the appeal hearing.  The appellant will have at least 48 hours notice prior to the scheduled hearing.
  • The following individuals will be present at the appeals hearing:
    • The Appellate Committee
    • The appellant
    • The appellant may bring 1 advocate.  This may be a College official, legal counsel, friend, parent, etc.  The appellant may confer with the advocate, but the advocate may not participate in the hearing
  • The Appellate Committee will hear the statement of the appellate, review any new evidence and ask any relevant questions.  The appellate will then be dismissed and the committee will deliberate and make a determination.
  • Should an appeal be granted and heard, both parties will be informed of the outcome in writing via campus email within 48 hours of the decision.

Example of the appeals process:

  •  If a hearing board finds the accused responsible for sexual misconduct, the complainant may appeal that decision (in writing within 48 hours of the decision).  The appeal hearing will be set.  The outcome of the appeal hearing will be shared with both the accused and the complainant.  If the accused is found not responsible for a sexual misconduct violation through the appeal hearing, the complainant has seven calendar days hours after being notified of the outcome to appeal that decision.  After this, both parties have exhausted their appeal rights.
  • If a hearing board finds the accused non-responsible for sexual misconduct, the complainant may appeal that decision (in writing within 48 hours of the decision).  The appeal hearing will be set.  The outcome of the appeal hearing will be shared with both the accused and the complainant.  If the accused is found responsible for a sexual misconduct violation through the appeal hearing, the accused has seven calendar days after being notified of the outcome to appeal that decision.  After this, both parties have exhausted their appeal rights.

 

Timeline Estimates for Major Stages of the Process

Please refer to sections 4: Options for Assistance, 8:  Investigation Procedures and Protocols and 9: Grievance/Adjudication Procedures for full details on each step of the process.  The summary below is meant to provide a rough timeline of what to expect when moving through the reporting, investigation and resolution process.

Investigations will be conducted in reasonably prompt timeframes with a goal for resolution being 60 days from the initial report to the end of the hearing/appeals process.  Certain issues such as the point in the semester when the incident is reported may result in prolonged investigations.  For example, conducting interviews during semester breaks may be more challenging as students, faculty or staff may be away.  Every effort will be made to find resolution within the 60 day time frame.  If the incident is also being investigated by local law enforcement, the campus process need not wait for the outcome of the criminal justice system process before making a final determination.

  • Safety Precautions:  Once the institution becomes aware of an instance of sex discrimination we will immediately take any interim measures to ensure the safety of the individual and campus community.  Likewise we will take steps to offer the complainant interim options for support and remedy.  These may include things such as issuing a timely warning statement or no-contact orders, offering a change of housing, offering counseling services, etc.
  • Investigations:  The length of the investigation will vary widely based on the situation.  Investigations will involve meeting with the individuals involved, taking statements, reviewing and gathering any other evidence (such as video footage), talking with witnesses, corroborating statements, meeting with College personnel, etc.  This process will begin immediately upon receiving a complaint.  Our goal is to be extremely thorough in gathering information so this process may take several weeks.
  • Hearings:  Hearings will be scheduled providing at least a seven day notice.  This will allow both parties time to review the allegations, witnesses and other documentary evidence to be submitted.
  • Resolution:  The Executive Hearing Committee will deliberate after the hearing is completed and in most circumstances will make a determination of responsibility immediately. There may be instances in which they request additional information or interviews.  In these cases the goal will be to gather the additional information/interviews and complete the hearing within seven calendar days.  Should such an instance occur, both the complainant and accused will be notified that an extension in the hearing process has been requested and other information is being gathered.
  • Notification of Outcome Once a determination of responsibility is made, within 48 hours both the complainant and the accused will be notified of the outcome simultaneously, in writing via their campus email.
  • Appeals:  Appeals must be submitted in writing within seven business days of notification of outcome. The Executive Appellate Committee will decide within seven calendar days of an appeal request if the appeal will be heard.   If an appeal is granted, the hearing will be scheduled giving the appellant at least 48 hours notice prior to the scheduled hearing. Both the complainant and the accused have one appeal opportunity.
  • Notification of Appeal Outcome:  Once a determination is made, within 48 hours both the complainant and the accused will be notified of the outcome simultaneously, in writing via their campus email.

Confidentiality

All individuals involved in an investigation or adjudication procedures will be informed of the importance of confidentiality and asked to sign a confidentiality statement.  Conversations and information that result from an investigation or disciplinary proceeding are private and should not be shared.

Retaliation

No student or employee shall be subject to any form of reprisal or retaliation for having made a good faith complaint under the College’s Sexual Discrimination Policy or for participating in an investigation of such complaint. Appropriate steps will be taken to protect employees and students from retaliation.

Jurisdiction

These policies apply to any student, staff and employee of Georgetown College and are not affected by the location in which the sex discrimination and/or misconduct incident occurs.

Statute of limitations

There is no statute of limitations on reporting sexual misconduct.  However, please be aware that services may be the most effective when incidents are reported immediately.

Prevention and Education

Georgetown College has several avenues for preventing issues of sex discrimination and educating the campus community.  Some of the highlights are below

  1. Bystander Intervention Training:  The Student Wellness Center is trained in Green Dot Bystander Intervention Training and facilitates this program yearly.
  2. Awareness and Educational Campaigns:  Several Student Life offices such as Residence Life, Georgetown Activities Council, the Student Wellness Center, Greek Life and student organizations under faculty supervision conduct programs throughout the year on topics such as dating violence, sexual assault myths, making healthy choices, sexual violence awareness, etc.
  3. Orientation educates new students every fall on issues of sex discrimination, Georgetown’s sex discrimination policies, how to report and resources available to them.
  4. My Student Body is an online program required of all new students.  One of the tracts focuses on sex discrimination and sexual violence.  Students are educated and tested on the issue.
  5. The Title IX Coordinator educates the campus employees on issues of sex discrimination and how to report these issues.  Likewise, the Title IX Coordinator trains campus employees on how to sensitively handle such reports.

Training

Georgetown is committed to ensuring all employees are trained in a trauma-informed approach to issues of sex discrimination.  Training for faculty and staff on issues of sex discrimination is the responsibility of the Title IX Coordinator.  Staff are trained annually on what constitutes sex discrimination, their reporting responsibilities, how to handle reports of sex discrimination with a trauma-informed approach and campus resources.  Likewise, any individual involved in investigating or adjudicating issues of sex discrimination undergoes training prior to engaging in such responsibilities.  Trainings are conducted by the Title IX Coordinator in collaboration with other experts versed in sex discrimination issues.