Policy 4:4 – Sexual Harassment

Email 605-688-5248

Policy Contact: Office of Title IX/Equal Opportunity

Purpose
This policy implements SDBOR Policy 1.4.1 and implements the process for investigating and determining when sexual harassment has occurred and the appeal process available when a violation is found. In the event of a conflict or absence of a provision, SDBOR Policy 1.4.1 controls.
Definitions
1. Actual Knowledge: notice of Sexual Harassment or allegations of Sexual Harassment to the Title IX/EO Coordinator or any University employee who has authority to institute corrective measures on behalf of the University. Imputation of knowledge based solely on vicarious liability or constructive notice is insufficient to constitute actual knowledge. This standard is not met when the only University employee with actual knowledge is the Respondent.
2. Complainant: an individual who is alleged to be the victim of conduct that could constitute Sexual Harassment.
3. Consent: as set forth in SDBOR Policy 1.4.2, Section C.3.6 and University Policy 4:5.
4. Day: calendar days.
5. Education Program or Activity: any locations, events, or circumstances taking place in the United States where the University exercised substantial control over both the Respondent and the context in which the alleged violation occurs—including locations that correspond to land, buildings, facilities, and other property in the possession of, or owned, used, or controlled by the University, and adjacent streets and sidewalks. For purposes of this policy, the term also includes any building owned or controlled by a student organization that is officially recognized by the University.
6. Formal Complaint: a document filed by a Complainant or signed by the Title IX/EO Coordinator alleging Sexual Harassment against a Respondent and requesting that the University investigate the allegation of Sexual Harassment.
7. Respondent: an individual that has been reported to be the perpetrator of conduct that could constitute a violation of this policy.
8. Sexual Harassment: conduct on the basis of sex that satisfies one or more of the following:
  1. A University employee conditioning the provision of education benefits on participation in unwelcome sexual conduct (i.e., quid pro quo); or
  2. Unwelcome conduct that a reasonable person would determine is so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the University's Education Program or Activity; or
  3. Sexual assault, dating violence, domestic violence, or stalking as defined in the Violence Against Women Act (VAWA).
    1. For the purposes of this policy, sexual assault means an offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation (FBI). Such offenses include, but are not limited to:
      1. Rape: 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, or by a sex-related object, without the consent of the victim. This definition includes instances in which a victim is incapable of giving consent because of temporary or permanent mental or physical incapacity (including due to the influence of drugs or alcohol) or because of age. Physical resistance is not required on the part of the victim to demonstrate lack of consent.
      2. Criminal Sexual Contact: the intentional touching of the clothed or unclothed body parts without consent of the victim for the purpose of sexual degradation, sexual gratification, or sexual humiliation. This definition also includes the forced touching by the victim of the actor’s clothed or unclothed body parts, without consent of the victim, for the purpose of sexual degradation, sexual gratification, or sexual humiliation. This offense includes instances where the victim is incapable of giving consent because of age or incapacity due to temporary or permanent mental or physical impairment or intoxication for the purpose of sexual degradation, sexual gratification, or sexual humiliation.
    2. For the purposes of this policy, incest, statutory rape, dating violence, domestic violence, or stalking have the same meanings as set forth in SDBOR Policy 1.4.2 and University Policy 4:5.
9. Supportive Measures: non-disciplinary, non-punitive individualized services offered to the Complainant and/or the Respondent.
10. Title IX/EO Coordinator: the individual, or their successor or designee, responsible for overall University compliance with Title IX, and related federal, state, or local laws and regulations, implementation of this policy, with an office located in Morrill Hall, room 100, 605-688-4128, and sdsu.equal.opportunity@sdstate.edu.
11. Working Day: Monday through Friday, except for holidays and other times when the University’s administrative offices are closed.
12. Written Notice: notice provided via email to the student and/or employee at their official University email account, when available. Notice is deemed received the day after it is sent via email.
Policy
1. This policy and its procedures apply to allegations of Sexual Harassment occurring in the United States in connection with any University Education Program or Activity where the University has substantial control over the Respondent and the location. Allegations of discrimination or harassment in University activities not constituting Sexual Harassment will be handled pursuant to SDBOR Policies 1.4.3 and 3.4.1, University Policies 3:1 and 4:6, or all, as appropriate.
  1. Student related allegations not constituting discrimination or harassment will be handled through the Dean of Students office in accordance with applicable student policies and procedures.
  2. Employment related allegations not constituting discrimination or harassment will be handled by the supervisor with assistance of an Employee Relations Specialist in accordance with applicable employment policies and procedures.
2. When the Title IX/EO Coordinator has Actual Knowledge of Sexual Harassment in connection with a covered Education Program or Activity, the Title IX/EO Coordinator must respond promptly in a manner that is not clearly unreasonable in light of the known circumstances.
3. The Title IX/EO Coordinator will treat Complainants and Respondents fairly by offering Supportive Measures, with or without the filing of a Formal Complaint, and when a Formal Complaint is filed, by following the complaint procedure outlined in SDBOR Policy 1.4.1 and this policy prior to the imposition of any disciplinary sanctions or other actions that are not Supportive Measures.
4. Supportive Measures shall be offered at no cost, and should be designed to restore or preserve equal access to the University’s Education Program or Activity without unreasonably burdening the other party, which may include measures designed to protect the safety of all parties or the University’s educational environment, or deter Sexual Harassment.
  1. Supportive Measures may include counseling, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, campus escort services, mutual restrictions on contact between the parties, changes in work or housing locations, leaves of absence, increased security and monitoring of certain areas of the campus, and other similar measures. The Title IX/EO Coordinator is responsible for coordinating the effective implementation of Supportive Measures.
  2. The Title IX/EO Coordinator will promptly contact the Complainant to discuss the availability of Supportive Measures, consider the Complainant's wishes with respect to Supportive Measures, inform the Complainant of the availability of Supportive Measures with or without the filing of a Formal Complaint, and explain to the Complainant the process for filing a Formal Complaint.
  3. The University will maintain as confidential any Supportive Measures provided to the Complainant or Respondent, to the extent that maintaining such confidentiality would not impair the ability of the University to provide the Supportive Measure.
  4. Nothing contained in this policy shall be construed to preclude the University from removing a Respondent from the University’s Education Program or Activity on an emergency basis, provided that the University undertakes an individualized safety and risk analysis, determines that an immediate threat to the physical health or safety of any student or other individual arising from the allegations of Sexual Harassment justifies removal, and provides the Respondent with notice and an opportunity to challenge the decision immediately following the removal.
5. In response to a Formal Complaint, the University's grievance process will comply with the requirements of this section, to include the equal application of the same to both parties. Nothing contained herein should be read to restrict any right that would otherwise be protected by the First Amendment of the U.S. Constitution, deprive a person of due process protected by the Fifth and Fourteenth Amendments of the U.S. Constitution, or otherwise restrict any other rights guaranteed against government action by the U.S. Constitution.
  1. The University will treat Complainants and Respondents equitably by providing remedies to a Complainant where a determination of responsibility of Sexual Harassment has been made against the Respondent in accordance with the process set forth herein.
  2. Remedies implemented by the University must be designed to restore or preserve equal access to the Education Program or Activity. Such remedies may include Supportive Measures; however, remedies need not be non-disciplinary or non-punitive and need not avoid burdening the Respondent.
  3. The University will require an objective evaluation of all relevant evidence, including both inculpatory and exculpatory evidence, and provide that credibility determinations may not be based on a person’s status as a Complainant, Respondent, or witness.
  4. The Title IX/EO Coordinator, investigator(s), and any other person involved in the informal resolution process, will not have a conflict of interest or bias for or against Complainants and Respondents generally or as individuals.
  5. The Title IX/EO Coordinator, investigator(s), decision-maker(s), and any persons who facilitate an informal resolution process will receive training on the definition of Sexual Harassment; the scope of the Education Activity or Program; how to conduct an investigation and grievance process including hearings, appeals, and informal resolution processes, as applicable; and how to serve impartially, including by avoiding prejudgment of the facts at issue, conflicts of interest, and bias.
  6. The decision-maker(s) will receive training on any technology to be used at a live hearing and on issues of relevance of questions and evidence, including when questions and evidence about the complainant’s sexual predisposition or prior sexual behavior are not relevant.
  7. The investigator(s) will receive training on issues of relevance to create an investigative report that fairly summarizes relevant evidence.
  8. Any materials used to train the Title IX/EO Coordinator, investigator(s), decision-maker(s), and any person who facilitates an informal resolution process, will not rely on sex stereotypes and will promote impartial investigations and adjudications of Formal Complaints.
  9. The University will include a presumption that the Respondent is not responsible for the alleged conduct until a determination regarding responsibility is made at the conclusion of the grievance process. Determinations on responsibility will be made using the preponderance of the evidence standard. The preponderance of the evidence indicating responsibility is shown if, in considering all the evidence, it is more likely than not that the Respondent is responsible for the alleged conduct.
  10. The University may grant temporary delays or extensions of any deadline set forth in this policy which occurs prior to the hearing, for good cause such as the absence of a party, a party's advisor, or a witness; concurrent law enforcement activity (excluding cooperative agreements); or the need for language assistance or accommodation of disabilities. If any such temporary delays or extensions are granted, the University must notify the parties in writing of the reason for any such short-term delay or extension.
  11. Following a determination of responsibility by the University, the disciplinary sanctions listed below in this section may be imposed on the Respondent. More than one of these disciplinary sanctions may be imposed for any single finding of responsibility. Imposition of a disciplinary sanction may be delayed or suspended on such conditions as the University may prescribe.
    1. Warning - A statement to the Respondent that the Respondent has violated this policy.
    2. Probation - Probation is for a designated period of time and includes the probability of more severe disciplinary sanctions if the Respondent is later found to have engaged in any additional violation(s) during the probationary period.
    3. Loss of Privileges - Denial of specified privileges for a designated period of time. The privileges of continued participation in University activities, and/or access to University facilities or residences may be conditioned upon participation in or completion of educational programming at the Respondent’s expense.
    4. Restitution - Compensation for loss, damage, or injury. This may take the form of appropriate service, money, or material replacement.
    5. Educational/Personal Development Sanctions - Work assignments, service to the University or community, workshops, counseling, or other related educational, training, or personal development activities.
    6. Residence Suspension – Separation of the Respondent from the University’s residence facilities for a definite period of time, after which the Respondent is eligible to return. Conditions for return to the residence facilities may be specified.
    7. Residence Expulsion - Permanent separation of the Respondent from the University. A Respondent who has been expelled from the University may not enroll at another SDBOR institution. A sanction of expulsion will take the form of suspension pending completion of the appeals process.
    8. Adverse Employment Action(s) - The University may take adverse employment action, to include suspension, with or without pay, reassignment, demotion, and termination.
    9. Withholding Degree - The University may withhold awarding a degree otherwise earned until the completion of the grievance process or the completion of all disciplinary sanctions imposed.
    10. Revoking Admission and/or Degree - The University may revoke admission to, or a degree awarded from, the University for violation of institutional standards for obtaining admission or the degree, or for other serious violations committed by the Respondent prior to graduation.
6. Receipt of Formal Complaint
  1. The University must investigate the allegations in a Formal Complaint. A Formal Complaint may be filed by a Complainant or signed by the Title IX/EO Coordinator alleging sexual harassment against a Respondent and requesting that the University investigate the allegations of Sexual Harassment. Where the Title IX/EO Coordinator signs a Formal Complaint, the Title IX/EO Coordinator is not a Complainant or otherwise a party. Within five (5) working days of receiving a Formal Complaint, the Title IX/EO Coordinator will provide Written Notice to the parties who are known. The Written Notice will include:
    1. Notice of allegations of Sexual Harassment potentially constituting Sexual Harassment, including sufficient details known at the time and with sufficient time to prepare a response before any initial interviews. Sufficient details include the identities of the parties involved in the incident, if known, the conduct allegedly constituting Sexual Harassment, and the date and location of the alleged incident, if known.
      1. If the investigator identifies new allegations not in the original notice, the investigator will notify the Title IX/EO Coordinator and a follow up notice will be sent to each party.
    2. A statement that the Respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility is made at the conclusion of the grievance process.
    3. A statement informing the parties that they may have an advisor of their choice, who may be, but is not required to be, an attorney; that the advisor may accompany the party to related meetings or proceedings; and that the party and their advisor may inspect and review evidence obtained as part of the investigation that is directly related to the allegations raised in the Formal Complaint. In the event the University has established any restrictions regarding the extent to which an advisor may participate in the proceedings pursuant to this policy, a statement informing the parties of the applicable restriction(s) will be included.
    4. A statement of the maximum disciplinary sanction(s) that may be imposed on the Respondent following a determination of responsibility by the University.
    5. A statement informing the parties of any applicable provision in policy that prohibits knowingly making false statements or knowingly submitting false information during the grievance process.
  2. If, in the course of the investigation, the University decides to investigate allegations about the Complainant or Respondent that are not included in the notice provided, the Title IX/EO Coordinator must provide notice of the additional allegations to the parties whose identities are known.
  3. Where the allegations of Sexual Harassment arise out of the same facts or circumstances, the Title IX/EO Coordinator may consolidate Formal Complaints as to allegations against more than one Respondent, or by more than one Complainant against one or more Respondents.
  4. Within ten (10) working days of receiving a Formal Complaint, the Title IX/EO Coordinator will determine whether the conduct alleged, if taken as true, would constitute Sexual Harassment, and if the allegations contained in the Formal Complaint occurred in the University's Education Program or Activity. The University will dismiss the Formal Complaint if the factual allegations, if taken as true, either:
    1. Fail to constitute Sexual Harassment; or
    2. Did not occur in the University's Education Program or Activity; or
    3. Did not occur against a person within the United States.
  5. The University may dismiss the Formal Complaint or any allegations therein, if at any time during the investigation or hearing: a Complainant notifies the Title IX/EO Coordinator in writing that the Complainant would like to withdraw the Formal Complaint or any allegations therein; the Respondent is no longer enrolled or employed by, or otherwise affiliated with, the University; or specific circumstances prevent the University from gathering evidence sufficient to reach a determination as to the Formal Complaint or allegations therein.
  6. Within five (5) working days of dismissing a Formal Complaint or any allegations therein, the Title IX/EO Coordinator will send Written Notice of the dismissal and reason(s) therefor simultaneously to the parties.
  7. Nothing contained in this policy shall preclude the University from placing a non-student employee Respondent on administrative leave, in accordance with applicable SDBOR and University Policy, during the pendency of a grievance process hereunder.
7. Investigation of a Formal Complaint
  1. The Title IX/EO Coordinator will ensure that both the burden of proof and the burden of gathering evidence sufficient to reach a determination regarding responsibility rest on the University and not on the parties provided.
  2. The University will provide equal opportunity to the parties to present witnesses, including fact and expert witnesses, and other inculpatory and exculpatory evidence.
  3. The University may not restrict the ability of either party to discuss the allegations under investigation or to gather and present relevant evidence.
  4. The University will provide the parties with the same opportunities to have others present during any grievance proceeding, including the opportunity to be accompanied to any related meeting or proceeding by the advisor of their choice, who may be, but is not required to be, an attorney, and not limit the choice or presence of advisor for either the Complainant or Respondent in any meeting or grievance proceeding; however, the University may establish restrictions regarding the extent to which the advisor may participate in the proceedings, as long as the restrictions apply equally to both parties.
  5. The Title IX/EO Coordinator will provide, to a party whose participation is invited or expected, Written Notice of the date, time, location, participants, and purpose of all hearings, investigative interviews, or other meetings, at least five (5) working days in advance.
  6. The University will ensure that both parties and their advisors have an equal opportunity to inspect and review any evidence obtained as part of the investigation that is directly related to the allegations raised in a Formal Complaint, including the evidence upon which the University does not intend to rely in reaching a determination regarding responsibility and inculpatory or exculpatory evidence whether obtained from a party or other source, so that each party can meaningfully respond to the evidence prior to the conclusion of the investigation. Prior to completion of the investigative report, the University will send to each party and the party’s advisor, if any, the evidence subject to inspection and review in an electronic format or a hard copy, and the parties will have at least ten (10) days to submit a written response, which the investigator will consider prior to completion of the investigative report. The University will make all such evidence subject to the parties’ inspection and review available at any hearing to give each party equal opportunity to refer to such evidence during the hearing, including for purposes of cross-examination.
  7. The University will create an investigative report that fairly summarizes relevant evidence, and, at least ten (10) Working Days prior to a hearing (if a hearing is required under this section or otherwise provided) or other time of determination regarding responsibility, send to each party and the party's advisor, if any, the investigative report in an electronic format or a hard copy, for their review and written response.
  8. The Title IX/EO Coordinator will review the final investigation report with a representative of University General Counsel and may dismiss the Complaint in accordance with Subsection 3.f. herein.
8. Hearings
  1. The University will provide for a live hearing conducted before a hearing examiner using the contested case proceedings set forth in SDCL chapter 1-26. However, the use of the procedures afforded to contested case proceedings under SDCL chapter 1-26 is not determinative as to the matter’s status as a contested case under South Dakota law. The individual facts and circumstances will determine whether or not the matter meets the legal threshold for a contested case, regardless of the process afforded herein. Live hearings may be conducted with all parties physically present in the same geographic location or, at the University’s discretion, any or all parties, witnesses, and other participants may appear at the live hearing virtually, with technology enabling participants simultaneously to see and hear each other. The Title IX/EO Coordinator will create an audio or audiovisual recording, or transcript, of any live hearing and make it available to the parties for inspection and review.
  2. The Title IX/EO Coordinator will provide notice to both parties at least 15 days in advance of the live hearing, which notice will include:
    1. A statement of the time, place, and nature of the hearing;
    2. A statement regarding the legal authority and jurisdiction under which the hearing is to be held;
    3. A reference to the particular policy, rules, or laws involved;
    4. A short and plain statement of the allegations asserted;
    5. A statement of any action authorized, which may affect the parties, as a result of any decision made at the hearing;
    6. A statement that the hearing is an adversarial proceeding and that a party has the right at the hearing to be present, to be represented by an attorney, and that these and other due process rights will be forfeited if they are not exercised at the hearing;
    7. A statement that if the amount in controversy exceeds two thousand five hundred dollars ($2500) or if a property right may be terminated, any party may require the use of the Office of Hearing Examiners by giving notice of the request to the University no later than ten (10) days after service of the notice required by this section; and
    8. A statement that the final decision may be appealed to circuit court and the South Dakota Supreme Court as provided by law.
  3. If a party does not have an advisor present at the live hearing, the University will provide without fee or charge to that party, an advisor of the University’s choice who may be, but is not required to be, an attorney. Without limiting the due process provided for contested case proceedings pursuant to SDCL chapter 1-26, the live hearing will:
    1. Permit each party's advisor to ask the other party and any witnesses all relevant questions and follow-up questions, including those challenging credibility.
    2. Require cross-examination to be conducted directly, orally, and in real time by the party's advisor of choice and never by a party personally.
    3. If requested by either party, provide for the live hearing to occur with the parties located in separate rooms with technology enabling the hearing examiner and parties to simultaneously see and hear the party or the witness answering questions.
    4. Require the hearing examiner to determine whether any question asked of a Complainant, Respondent, or witness is relevant before they may answer the question and explain any decision to exclude a question as not relevant before a party or witness answer a cross-examination or other question.
    5. Ensure questions and evidence about the Complainant’s sexual predisposition or prior sexual behavior are not relevant, unless such questions and evidence about the Complainant’s prior sexual behavior are offered to prove that someone other than the Respondent committed the conduct alleged by the Complainant, or if the questions and evidence concern specific incidents of the Complainant’s prior sexual behavior with respect to the Respondent and are offered to prove consent.
    6. To the extent statements made by a party or witness who does not submit to cross-examination at the live hearing satisfy the relevance rules, they must be considered by the hearing examiner in reaching a determination regarding responsibility; however, the hearing examiner cannot draw an inference about the determination regarding responsibility solely on a party’s or witness’s absence from the live hearing or refusal to answer cross-examination or other questions.
  4. The hearing examiner will issue a proposed determination to the University President, or designee, who cannot be the same person as the Title IX/EO Coordinator or the investigator(s). The University must then issue a written determination regarding responsibility. To reach this determination, the University must apply the preponderance of the evidence standard as described in this policy. In reviewing the proposed determination, the University must give due regard to the hearing examiner’s opportunity to observe the witnesses. If the University rejects or modifies the proposed determination of the hearing examiner, or any part thereof, the University shall provide the reasons for doing so in writing to the parties. The written determination will include:
    1. Identification of the allegations potentially constituting Sexual Harassment;
    2. A description of the procedural steps taken from the receipt of the Formal Complaint through the determination, including any notifications to the parties, interviews with parties and witnesses, site visits, methods used to gather other evidence, and hearings held;
    3. Findings of fact supporting the determination;
    4. Conclusions regarding the application of the University's applicable code of conduct to the facts;
    5. A statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility, any disciplinary sanctions the University imposes on the Respondent, and whether remedies designed to restore or preserve equal access to the University’s Education Program or Activity will be provided by the recipient to the Complainant; and
    6. The University's procedures and permissible bases for the Complainant and Respondent to petition for administrative review.
  5. The University must provide the proposed written determination to the parties simultaneously. The proposed determination regarding responsibility becomes final either at the conclusion of the petition for administrative review to the SDBOR Executive Director provided for below, upon the expiration thereof, the proposed determination of the University shall constitute the final decision on the matter, which is subject to appeal to circuit court in accordance with the provisions of SDCL chapter 1-26.
  6. The Title IX/EO Coordinator is responsible for effective implementation of any remedies.
9. Petition for Administrative Review
  1. The Complainant and Respondent may petition for administrative review of the University's proposed determination regarding responsibility, and the University's dismissal of a Formal Complaint or any allegations therein, by petitioning in writing to the SDBOR Executive Director no later than ten (10) working days after notice of the University’s decision is deemed received. Petitions for administrative review under this section are limited to those made on the following bases:
    1. A procedural irregularity that affected the outcome of the matter;
    2. New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter; and
    3. The Title IX/EO Coordinator, investigator(s), or decision-maker(s) had a conflict of interest or bias for or against Complainants or Respondents generally or the individual Complainant or Respondent that affected the outcome of the matter.
  2. A petition filed with the SDBOR Executive Director must include the party’s supporting arguments and documentation. Petitions that fail to include supporting arguments and documents or which are not made one of the bases set forth above will be rejected.
  3. Within five (5) working days of receiving a petition for administrative review, the SDBOR Executive Director, or designee, will provide Written Notice of the petition to the other party. That party will have five (5) Working Days from the date of the notice to submit a written statement to the SDBOR Executive Director in support of, or challenging, the outcome.
  4. Petitions for administrative review will be limited to a review of:
    1. The written determination of the University, which will include the proposed determination of the hearing examiner;
    2. The verbatim record of the hearing;
    3. Supporting documents submitted as part of the hearing; and
    4. Written statements and/or supporting documentation submitted by the Respondent and/or Complainant in accordance with the appeal process set forth herein.
10. Informal Resolution
  1. At any point prior to reaching a determination regarding responsibility, the University may facilitate an informal resolution process, such as mediation, that does not involve a full investigation and adjudication, provided that the University:
    1. Provides to the parties written notice disclosing: the allegations, the requirements of the informal resolution process including the circumstances under which it precludes the parties from resuming a Formal Complaint arising from the same allegations provided, however, that at any time prior to agreeing to a resolution, any party has the right to withdraw from the informal resolution process and resume the grievance process with respect to the Formal Complaint, and any consequences resulting from participating in the informal resolution process, including the records that will be maintained or could be shared;
    2. Obtains the parties' voluntary, written consent to the informal resolution process; and
    3. Does not offer or facilitate an informal resolution process to resolve allegations that an employee sexually harassed a student.
  2. The University may not require as a condition of enrollment or continuing enrollment, or employment or continuing employment, or enjoyment of any other right, waiver of the right to an investigation, and adjudication of Formal Complaints of Sexual Harassment consistent with this section.
  3. The University may not require parties to participate in an informal resolution process under this section and may not offer an informal resolution process unless a Formal Complaint is filed.
11. Title IX/EO Coordinator
  1. The Title IX/EO Coordinator is responsible for carrying out the responsibilities specified in this policy and for monitoring overall compliance with this policy and related federal, state or local legislation, rule, or regulation.
  2. Any person may report sex discrimination, including Sexual Harassment, in person, by mail, by telephone, or by electronic mail to the Title IX/EO Coordinator. Title IX/EO Coordinator contact information will be maintained and made available in, and disseminated to the University community and general public by, the University Title IX/EO Coordinator Office located in the University Office of Human Resources, or successor unit.
  3. The University will notify applicants for admission and employment, students, employees, all professional organizations holding professional agreements with the University, of the name or title, office address, electronic mail address, and telephone number of the employee designated as the University’s Title IX/EO Coordinator, and that the University does not discriminate on the basis of sex in the education program or activity that it operates, and that it is required by Title IX not to discriminate in such a manner. The University will also prominently display the aforementioned contact information for the Title IX/EO Coordinator, and any applicable Title IX policies, on its website.
  4. Nothing contained in this section should be construed to prohibit or prevent the University from using shared employees, resources, and/or services to carry out and administer this policy, unless this policy and the applicable federal, state, or local legislation, rule, or regulation explicitly requires the University's Title IX/EO Coordinator to perform or be responsible for the same.
12. Retaliation
  1. University individuals may not intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by Title IX or 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 Formal Complaint of Sexual Harassment, for the purpose of interfering with any right or privilege secured by Title IX or this policy, constitutes retaliation. The University will keep confidential the identity of any individual who has made a report or complaint of sex discrimination, including any individual who has made a report or filed a Formal Complaint of Sexual Harassment, any Complainant, any individual who has been reported to be the perpetrator of sex discrimination, any Respondent, and any witness, except as may be permitted by the FERPA statute, 20 U.S.C. 1232g, or FERPA regulations, 34 CFR part 99, or as required by law, or to carry out the purposes of 34 CFR part 106, including the conduct of any investigation, hearing, or judicial proceeding arising thereunder. Complaints alleging retaliation may be filed according to the grievance procedures for sex discrimination under this policy.
  2. The exercise of rights protected under the First Amendment does not constitute retaliation prohibited under this section.
  3. 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 part does not constitute retaliation prohibited under 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.
13. Preservation of Records
  1. The following records must be maintained for a period of seven (7) years:
    1. Each Sexual Harassment investigation including any determination regarding responsibility and any audio or audiovisual recording or transcript required pursuant to this policy, any disciplinary sanctions imposed on the Respondent, and any remedies provided to the Complainant designed to restore or preserve equal access to the University’s Education Program or Activity;
    2. Any appeal and the result therefrom;
    3. Any informal resolution and the result therefrom; and
    4. All materials used to train the Title IX/EO Coordinator, investigators, decision-makers, and any person who facilitates an informal resolution process. The University must make these training materials publicly available on its website.
  2. For each response required under this section, records of any actions, including any supportive measures, taken in response to a report or Formal Complaint of Sexual Harassment. In each instance, the recipient must document the basis for its conclusion that its response was not deliberately indifferent, and document that it has taken measures designed to restore or preserve equal access to the University’s Education Program or Activity. If the University does not provide a Complainant with Supportive Measures, then the University must document the reasons why such a response was not clearly unreasonable in light of the known circumstances. The documentation of certain bases or measures does not limit the recipient in the future from providing additional explanations or detailing additional measures taken.
Responsible Administrator
The Title IX/EO Coordinator, successor, or designee is responsible for the annual and ad hoc review of this policy and its procedures. The University President is responsible for approval of this policy and its procedures.

Approved by President on 09/19/2022. Revised 01/29/2024 (clerical). Revised; Approved by President on 03/26/2026.

Sources: SDBOR Policies and ; University Policies 3:1, 4:5 and 4:6

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Policy 4:4 – Sexual Harassment