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Southeastern Louisiana University is committed to creating and maintaining an educational community where all individuals who participate in University programs and activities can work and learn together in an atmosphere free of sexual misconduct. Every member of the University community should be aware that the University prohibits sexual misconduct, including but not limited to sexual harassment, sexual discrimination, and sexual violence, and that such behavior violates both law and University policy. The University will respond promptly and effectively to reports of sexual misconduct, and will take appropriate action to prevent, to correct, and when necessary, to discipline behavior that violates this policy.
Southeastern Louisiana University is committed to education and increasing awareness of students, faculty, and staff about preventing incidents of sexual misconduct. The Sexual Misconduct Task Force is a standing committee responsible for coordinating the University’s sexual misconduct education and prevention programs. Members include representatives from the University Counseling Center, University Housing, Student Activities, Student Health Services, Student Conduct, the University Police Department, Athletics, Student Government, Human Resources, the Title IX Officer and other individuals deemed important by the University President. Education and prevention initiatives are conducted throughout campus on a regular basis.
This Policy was designed to ensure a safe and non-discriminatory educational and work environment and to meet legal requirements. As a recipient of federal funds, the University is required to comply with Title IX of the Higher Education Amendments of 1972, which prohibits discrimination on the basis of sex in education programs or activities. Sexual misconduct, as defined in this policy, is a form of sex discrimination prohibited by Title IX.
This Policy applies to University students both on campus as well as at off campus locations. This policy prohibits sexual misconduct committed by or against students by other students, faculty, staff, or third parties. This Policy applies to sexual misconduct on University premises; at University-affiliated educational, athletic, or extracurricular programs or activities that have an adverse effect on the education or employment of a member of the University community; or that otherwise threatens the health and/or safety of a member of the University community.
A. Coercion is the use of express or implied threats, intimidation, or physical force which places an individual in fear of immediate harm or physical injury or causes a person to engage in unwelcome sexual activity. Coercion also includes administering a drug, intoxicant, or similar substance with the intent to impair that person’s ability to Consent prior to engaging in sexual activity.
B. Confidential Advisor. The confidential advisor primarily serves to aid the complainant in the resolution process. The “confidential” terminology may suggest that communications with the advisor will be kept confidential in all circumstances except where the institution or advisor may be required to disclose the communications under state reporting and federal laws. For example, Southeastern may be compelled by law to disclose communications between a victim and a confidential advisor if directed by the court in civil litigation. Also, communications between a victim and a confidential advisor may be “education records” under the Family Educational Rights and Privacy Act (“FERPA”); to the extent those records reference another student, such as an alleged perpetrator, that student would be entitled under FERPA to access portions of the records that relate to him or her.
C. Consent. Consent to engage in sexual activity must exist from beginning to end of each instance of sexual activity. Consent is demonstrated through mutually understandable words and/or actions that clearly indicate a willingness to engage in a specific sexual activity. Silence alone, without actions evidencing permission, does not demonstrate consent. Consent must be knowing and voluntary. To give consent, a person must be of legal age. Assent does not constitute consent if obtained through coercion or from an individual whom the alleged offender knows or reasonably should know is incapacitated. The responsibility of obtaining consent rests with the person initiating sexual activity. Use of alcohol or drugs does not diminish one’s responsibility to obtain consent. Consent to engage in sexual activity may be withdrawn by any person at any time. Once withdrawal of consent has been expressed, the sexual activity must cease. Consent is automatically withdrawn by a person who is no longer capable of giving consent. A current or previous consensual dating or sexual relationship between the parties does not itself imply consent or preclude a finding of responsibility.
D. Cyber-stalking means using electronic mail or electronic communication for the purpose of threatening, terrifying or harassing another person.
E. Dating Violence. Dating Violence, as defined in the Clery Act: Includes, but is not limited to, sexual or physical abuse or the threat of such abuse, committed by a person who is or has been in a social relationship of a romantic or intimate nature with the Alleged Victim. The existence of such a relationship will be determined based on a consideration of the length and type or relationship and the frequency of interaction.
Dating Violence, as defined in Louisiana state law: Includes but is not limited to physical or sexual abuse and any offense against the person as defined in the Criminal Code of Louisiana, except negligent injury and defamation, committed by one dating partner against the other. La RS 46:2151(C). For purposes of this Section, “dating partner “ means any 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:
F. Domestic Abuse, as defined in Louisiana state law: Includes, but is not limited to, physical or sexual abuse and any offense against the person as defined in the Criminal Code of Louisiana, except negligent injury and defamation, committed by one family or household member against another. La. RS 46:2132(3).
G. Domestic Violence. Domestic Violence, as defined by the Clery Act: Includes, but is not limited to,
sexual or physical abuse or the threat of such abuse, committed by a current or former
spouse or intimate partner or any other person from whom the alleged victim is protected
under federal or Louisiana law.
Domestic violence is further defined by the Clery Act as: a felony or misdemeanor crime of violence committed:
H. Family Violence, as defined by Louisiana state law: Includes, but is not limited to, physical or sexual abuse and any offense against the person as defined in the Criminal Code of Louisiana, except negligent injury and defamation, committed by one family or household member against another. La. RS 46:2121(2)
I. Incapacitation. An individual is considered to be incapacitated if, by reason of mental or physical condition, the individual is manifestly unable to make a knowing and deliberate choice to engage in sexual activity. Being drunk or intoxicated can lead to incapacitation; however, someone who is drunk or intoxicated is not necessarily incapacitated, as incapacitation is a state beyond drunkenness or intoxication. Individuals who are asleep, unresponsive or unconscious are incapacitated. Other indicators that an individual may be incapacitated include, but are not limited to, inability to communicate coherently, inability to dress/undress without assistance, inability to walk without assistance, slurred speech, loss of coordination, vomiting, or inability to perform other physical or cognitive tasks without assistance.
J. Responsible Employee. Responsible employees are those individuals who have the authority to take action to redress sexual violence and have been given the duty of reporting incidents of sexual violence or any other misconduct by students to the Title IX Coordinator/Officer or other appropriate school designee. However, an institutional decision to make all institution employees mandatory reporters of suspected or known sexual harassment or sexual misconduct to the Title IX Coordinator/Officer or other appropriate school designee does not render all institutional employees to be responsible employees. Employees who are authorized or required by law to keep information confidential by virtue of the employee’s professional role such as Counseling staff or similar shall not be designated as mandated reporters of sexual harassment or as responsible employees.
K. Retaliation. Acts or attempted acts for the purpose of interfering with any report, investigation, or proceeding under this policy, or as retribution or revenge against anyone who has reported sexual misconduct or relationship violence or who has participated (or is expected to participate) in any manner in an investigation, or proceeding under this Policy. Prohibited retaliatory acts include, but are not limited to, intimidation, threats, coercion, or discrimination. Title IX prohibits retaliation. For purposes of this Policy, an attempt requires a substantial step towards committing a violation.
L. Sexual Assault. Sexual Assault, as defined by the Clery Act; An offense that meets the definition of rape, fondling, incest, or statutory rape as used in the FBI’s UCR program.
Sexual Assault, as defined by Louisiana State Law, falls into two categories:
M. Sexual Discrimination is defined as any discrimination on the basis of gender or actual or perceived sexual orientation, gender identity or gender-stereotype
Examples of Sexual, Sexual Orientation, or Gender Identity Discrimination:
Examples of Gender Stereotypes:
Female Gender Stereotypes
Male Gender Stereotypes
N. Sexual Exploitation is defined as an act attempted or committed by a person for sexual gratification, financial gain, or other advancement through the abuse or exploitation of another person’s sexuality. Examples of sexual exploitation include, but are not limited to, non-consensual observation of individuals who are undressed or engaging in sexual acts, non-consensual audio-or videotaping of sexual activity, prostitution of another person, allowing others to observe a personal consensual sexual act without the knowledge or consent of all involved parties, and knowingly exposing an individual to a sexually transmitted infection without that individual’s knowledge.
O. Sexual Harassment: Unwelcome conduct of a sexual nature when (i) submission to such conduct is made either explicitly or implicitly a term or condition of a person’s employment or education; (ii) submission to or rejection of such conduct by a person is used as the basis for a decision affecting that person’s employment or education; or (iii) such conduct has the purpose or effect of unreasonably interfering with a person’s employment or education, or creating an intimidating, hostile, or offensive employment or educational environment, and has no legitimate relationship to the subject matter of a course or academic research. Sexual harassment also includes non-sexual harassment or discrimination of a person because of the person’s sex and/or gender, including harassment based on the person’s nonconformity with gender stereotypes. For purposes of this Policy, the various forms of prohibited sexual harassment are referred to as “sexual misconduct.”
Examples of Sexual Harassment
P. Sexual Misconduct is defined as a sexual act or contact of a sexual nature that occurs, regardless of personal relationship, without the consent of the other person(s), or that occurs when the person(s) is unable to give consent or whose consent is coerced or obtained in a fraudulent manner. For the purpose of this Policy, sexual misconduct includes, but is not limited to, sexual assault, sexual abuse, violence of a sexual nature, sexual harassment, sexual discrimination, non-consensual sexual intercourse, sexual exploitation, video voyeurism, contact of a sexual nature with an object, or the obtaining, posting or disclosure of intimate descriptions, photos, or videos without the express consent of the persons depicted therein, as well as dating violence, domestic violence and stalking.
Q. Sexual Violence is defined as physical sexual acts engaged in without the consent of the other person or when the other person is unable to consent to the activity. Sexual violence includes sexual assault, rape, battery, and sexual coercion; domestic violence; dating violence; and stalking.
R. Stalking. Stalking, as defined by the Clery Act, is: (1) intentional and repeated following or harassment that would cause a reasonable person to feel alarmed or that would cause a reasonable person to suffer emotional distress or (2) intentional and repeated uninvited presence at another person’s home, workplace, school, or any other place which would cause a reasonable person to be alarmed or would cause a reasonable person to suffer emotional distress as a result of verbal or behaviorally implied threats of death, bodily injury, sexual assault, kidnapping or any other statutory criminal act to the victim or any member of the victim’s family or any person with whom the victim is acquainted.
Stalking, as defined by Louisiana state law: The intentional and repeated following or harassing of another person that would cause a reasonable person to feel alarmed or to suffer emotional distress. Stalking shall include but not be limited to the intentional and repeated uninvited presence of the perpetrator at another person’s home, workplace, school, or any place which would cause a reasonable person to be alarmed, or to suffer emotional distress as a result of verbal or behaviorally implied threats of death, bodily injury, sexual assault, kidnapping, or any other statutory criminal act to himself or any member of his family or any person with whom he is acquainted. La. RS 14:40.2(A) “Harassing” means the repeated pattern of verbal communications or nonverbal behavior without invitation which includes but is not limited to making telephone calls, transmitting electronic mail, sending messages via a third party or sending letters or pictures. “Pattern of conduct” means a series of acts over a period of time, however short, evidencing an intent to inflict a continuity of emotional distress upon the person. Constitutionally protected activity is not included within the meaning of pattern of conduct. La. RS 14:40.2(C).
S. Sexually Oriented Criminal Offense: Any sexual assault offense as defined in La. R.S. 44:51 and any sexual abuse offense as defined in R.S. 14:403.
All members of the University community are encouraged to contact the Title IX Officer if they observe or encounter conduct that may be subject to this policy. This includes conduct by employees, students, or third parties. Reports of sexual misconduct may be brought to the Title IX Officer or to any manager, supervisor, or other designated employee responsible for responding to reports of sexual misconduct. If the person to whom misconduct normally would be reported is the individual accused of misconduct, reports may be made to another manager, supervisor, or designated employee or directly to the Title IX Coordinator. Managers, supervisors, and designated employees are required to notify the Title IX Officer or other appropriate official designated to review and investigate sexual misconduct complaints when a report is received.
Reports of sexual misconduct should be brought forward as soon as possible after the alleged conduct occurs. While there is no stated time frame for reporting, prompt reporting will better enable the University to respond to the report, determine the issues, and provide an appropriate remedy and/or action. All incidents should be reported even if a significant amount of time has passed. However, delaying a report may impede the University’s ability to conduct an investigation and/or to take appropriate remedial actions.
Vera W. Thomason Health Center
Location: War Memorial Student Union Annex, 303A Union Avenue
Before a complainant reveals any information to a responsible employee, the employee should ensure that the victim understands the employee’s reporting obligations - and, if the complainant wants to maintain confidentiality, direct the complainant to confidential resources.
If the complainant chooses to tell the responsible employee what happened but also states that she or he wants to maintain confidentiality or does not want the matter investigated, the employee should tell the complainant that the University will consider the request but cannot guarantee that the University will be able to honor it. The responsible employee should explain his/her duty to report the incident to the Title IX Officer and that the report may be used for Clery Act data collection purposes. In reporting the details of the incident to the Title IX Officer, the responsible employee will also inform the Title IX Officer of the complainant’s request for confidentiality.
When weighing a complainant’s request for confidentiality or that no investigation or discipline be pursued, the University will consider a range of factors, including:
Report of Investigation. The investigator will complete a written investigative report that includes summaries of interviews conducted; photographs, if any; documents and materials received; descriptions of relevant evidence; summaries of relevant electronic records; and a detailed report of the events related to the incident. When the investigator is not the Title IX Officer, the investigative report will be submitted to the Title IX Officer for review and findings. The Title IX Officer will review the report of investigation using a “preponderance of the evidence” standard and make a finding as to whether it is more likely than not that respondent violated the Sexual Misconduct Policy, and which specific sections of the Policy were violated.
If the investigation was coordinated by the Office of Student Conduct, a formal hearing will be coordinated as outlined at www.southeastern.edu/code.
If a student accused of a sexually-oriented criminal offense seeks to transfer to another institution during an investigation, the institution shall withhold the student’s transcript until such investigation or adjudication is complete and a final decision has been made.
Formal Reprimand: A formal notice that the respondent has violated University policy and that future violations may be dealt with more severely.
Disciplinary Probation: A designated period of time during which the respondent is not in good standing with the University. The terms of probation may involve restrictions of student privileges and/or set specific behavioral expectations.
Restitution: Reasonable and limited compensation for loss, damage, or injury to the appropriate party in the form of money or material replacement.
Restriction from Employment at the University: Prohibition of, termination from, or limitation on University employment.
Class/Workshop/Training/Program Attendance: Enrollment in and completion of a class, workshop, training, or program that could help the respondent or the University community.
University Housing Transfer or Removal: Placement in another room or housing unit or removal from University housing. Housing transfers or removals may be temporary or permanent depending on the circumstances.
Professional Assessment: Completion of a professional assessment that could help the respondent or the University ascertain the respondent’s ongoing supervision or support needs to successfully participate in the University community.
Removal from Specific Courses or Activities: Suspension or transfer from courses or activities at the University for a specified period of time.
No Contact: Restriction from entering specific University areas and/or from all forms of contact with certain persons.
Suspension: Separation from the University for a specified period of time or until certain conditions are met.
Expulsion: Permanent separation from the University.
Transfer Notification: If a student is found responsible for a sexually-oriented criminal offense upon the completion of such investigation and/or adjudication and seeks to transfer to another institution, the institution is required to communicate such a violation, when the institution becomes aware of the student’s attempt to transfer, with the institution(s) to which the student seeks to transfer or has transferred.
A material deviation from the procedures affected the outcome of the case; and/or
There is new and relevant information that was unavailable, with reasonable diligence and effort, at the time of the investigation that could reasonably affect the investigation findings; and/or
The sanctions /interventions are inappropriate or disproportionate to the determined violation(s)
To request a review from a case adjudicated by the Title IX Officer or his/her designee, a party must submit a written appeal to the University President within ten (10) calendar days of the date of the notification of the decision. The University President or his/her designee will assign an Appeals Board to review the appeal. The University President may deem a late submission reasonable under certain extraordinary and extenuating circumstances.
The Appeals Board will strive to complete review of an appeal within fifteen (15) days of its receipt. In a closed session, the Appeals Board will review the matter based on the issues identified in the request for appeal. The Appeals Board may conclude that there are no relevant issues of concern and therefore recommend that the University President affirm the final decision and any sanctions/interventions. If the Appeals Board identifies issues of concern, the Board will provide the University President with one of the following recommended actions and any additional instructions or recommendations it deems appropriate under the circumstances:
If there was a material deviation from procedure, remand the matter to the Title IX Officer and/or a new investigator with corrective instructions from the Appeals Board.
If new information appears relevant, refer the matter to the Title IX Officer and/or the original investigator if available, to determine whether any modifications may need to be made to the original investigative report.
If the new evidence clearly does not support the finding(s) and provides firm and definite support for modification, the matter will be submitted to the University President or designee to review, in consultation with the Title IX Officer, and make any necessary modifications to the report.
If the sanctions are clearly inappropriate or disproportionate, alter the sanctions or interventions accordingly.
Confidential advisors are available to help victims of sexual misconduct. Confidential advisors are designated individuals who have been trained to aid a person involved in a sexual misconduct complaint in the resolution process as a confidential resource. Southeastern’s confidential advisors are the licensed counselors employed by the University Counseling Center. Their contact information follows:
Peter Emerson, firstname.lastname@example.org
Annette Baldwin-Newton, email@example.com
Emily Moise, firstname.lastname@example.org
Paige LeBleu Moody, email@example.com
Curtis Meyer, firstname.lastname@example.org
The University Counseling Center is located at:
War Memorial Student Union Annex, 303 A Union Avenue
SLU Box 10310
Hammond, LA 70402
The Process of Investigation and Adjudication of the Criminal Justice System
For useful information concerning what to expect should you choose to pursue the criminal court process, RAINN (Rape, Abuse & Incest National Network) provides useful information. Log on to www.rainn.org/get-info/legal-information/working-with-the-criminal-justice-system.
For information regarding programs offered by the District Attorney’s Office for the 21st Judicial District Court dealing with Victim’s Assistance, Rape Crisis and Domestic Violence log on to www.21jdda.org.
The National Sexual Assault Telephone Hotline
If you need immediate help, call 800.656.HOPE (4673) to be connected with a trained staff member from a sexual assault service provider in your area.
RAINN Online Chat Information
Visit online.rainn.org to chat one-on-one with a trained support specialist with RAINN (Rape, Abuse, & Incest National Network) anytime 24/7.
The hospital nearest to the University where a victim may have a rape kit administered by an individual trained in sexual assault forensic medical examination and evidence collection is North Oaks Medical Center located at 15790 Paul Vega, M.D. Drive, Hammond, LA. Information regarding transportation to North Oaks can be obtained by contacting the University Counseling Center (549-3894) located in the first floor of the Student Union Annex.