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Discrimination and Harassment

Equal Opportunity and Non-Discrimination Statement

BJU, in compliance with Titles VI and VII of the Civil Rights Act of 1964, Title IX of the Educational Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, and the Americans with Disabilities Act of 1990, is an equal opportunity institution that does not discriminate on the basis of race, color, sex (including pregnancy), national origin, age (40 or older), disability, veteran status or genetic information. This policy applies to all terms and conditions of employment, admission to and enrollment with the University, including, but not limited to, recruitment, selection, hiring, placement, transfer, promotion, training, compensation, benefits, discipline, termination, educational policies, admission policies, financial aid, scholarship and loan programs, housing, athletic, and other university-administered programs and activities.

Individuals who believe they have been the victims of discrimination are encouraged to discuss their concerns with an appropriate administrator or an official reporting officer as identified in the BJU Discrimination and Harassment Policy. BJU will investigate such complaints in accordance with the BJU Discrimination and Harassment Grievance Procedures.

Notice of this policy is provided on the BJU website to students, employees and third parties. In addition, notice will be provided to all new employees and incoming students, including placement in all materials relating to the recruitment of students and employees.

Discrimination and Harassment

As stated in BJU’s Notice of Equal Opportunity and Non-Discrimination, BJU complies with Title IX of the Educational Amendments of 1972, the Americans with Disabilities Act of 1990, Section 504 of the Rehabilitation Act of 1973, Title VII of the Civil Rights Act of 1964 and other applicable statutes and will not tolerate, condone or permit discrimination, harassment (including but not limited to sexual offenses) and/or retaliation, whether engaged in by employees, students or third parties (i.e., contractors or vendors) who conduct business with BJU.

BJU encourages the reporting of all incidents of discrimination, harassment, sexual misconduct and/or retaliation, regardless of who the offender may be and regardless of whether the incidents originate on campus. BJU will respond to reports that arise from events that initially occurred off university property or outside a university program or activity.

All complaints or any concerns about conduct that may violate this policy and retaliation should be filed with the Title IX Coordinator:

Title IX Coordinator
Bob Jones University
(864) 370-1800, ext. 1374

Upon receiving a complaint, the Title IX Coordinator will follow the procedures described in the BJU Discrimination and Harassment Grievance Procedures.

Scope and Applicable Procedures

This policy applies to all BJU students, faculty, administrators, staff and volunteers as well as to contractors, consultants and vendors doing business with or providing services to the University (third parties). In addition, BJU’s prohibition against discrimination, harassment, sexual misconduct and/or retaliation applies not only in the educational and working environment but also to all other work-related and educational settings, such as business trips and business-related social functions as well as educational field trips, athletic trips and internship placements. Further, the prohibition applies whether or not the incident occurs on BJU property and whether or not the incident occurs during working/educational hours. This means that students and employees are protected under this policy in connection with all BJU administrative, academic, educational, extracurricular, athletic and other programs, whether those programs take place on campus or elsewhere. In responding to off-campus events, BJU will consider the effects of the off-campus conduct on an individual’s working or educational experience. Finally, BJU’s prohibition applies not only to oral and written communications but also to email, voice mail, Internet communications and searches, and other technology-assisted communications as applicable.

Allegations of Sexual Harassment, as defined by this Policy, will be addressed through the Grievance Procedures set forth below. Allegations of other violations of this Policy, Including allegations of Sexual Misconduct (as defined by this Policy), will be addressed under other University policies and procedures, as deemed appropriate by the Title IX Coordinator and other University administrators.

Definitions

Disability An individual with a disability is defined as any person who
  1. has a physical or mental impairment which substantially limits one or more major life activities;
  2. has a record of such impairment; or
  3. is regarded as having such an impairment.
Discrimination Discrimination is conduct that is based upon an individual’s race, color, sex (including pregnancy), national origin, age (40 or older), disability, veteran status or genetic information that excludes an individual from participation, denies the individual the benefits of, treats the individual differently or otherwise adversely affects a term or condition of an individual’s employment, education, living environment or participation in a BJU program or activity. This includes failing to provide reasonable accommodation, consistent with state and federal law, to persons with disabilities as defined in Section 2.2.1.3 of this volume.
Harassment Harassment is covered under this policy if it is based upon an individual’s race, color, sex (including pregnancy), national origin, age (40 or older), disability, veteran status or genetic information. Harassment does not have to include intent to harm, be directed at a specific target or involve repeated incidents. Harassment violates this policy when it:
  1. Adversely affects a term or condition of an individual’s employment, education, on-campus living environment or participation in a BJU activity;
  2. Is used as the basis for or a factor in decisions affecting that individual’s employment, education, on-campus living environment or participation in a BJU activity; or
  3. Creates a hostile environment (see Hostile Environment definition below).
Sexual Harassment

Title IX Sexual Harassment, which is a form of sex discrimination prohibited by Title IX, is defined as unwelcome sexual advances; requests for sexual favors; other verbal, visual or physical conduct of a sexual nature, such as sexual assault or acts of sexual violence or other offensive behavior directed toward an employee or student because of or on account of the individual’s gender, whether by a person of the opposite or same gender, that satisfies one or more of the following:

  1. Quid Pro Quo Sexual Harassment: an employee of BJU conditioning the provision of an aid, benefit, or service on an individual’s participation in unwelcome sexual conduct.
  2. Hostile Environment Harassment: A hostile environment based sex (including pregnancy) exists when the harassment:
    1. Is sufficiently serious (i.e., severe, pervasive and persistent) and objectively offensive1so as to deny or limit a person’s ability to participate in or benefit from BJU’s programs or activities; or
    2. Has the purpose or effect of unreasonably interfering with an individual’s employment or learning environment at BJU.

Sexual Assault: “Sexual assault” means any actual, attempted or threatened sexual act with another person without that person’s consent. Sexual assault includes, but is not limited to:

  1. Rape and attempted Rape;
  2. Intentional and unwelcome sexual touching (including disrobing or exposure), however slight, with any body part or any object, by a man or a woman upon a man or a woman, without effective consent or coercing, forcing or attempting to coerce or force another to touch you, themselves or a third party with any of these body parts or areas when such touching would be reasonably and objectively offensive;
  3. Any sexual act in which there is force, violence, or use of duress or deception upon the victim;
  4. Any sexual act perpetrated when the victim is unable to give consent; and
  5. Sexual intimidation, which includes, but is not limited to:
    1. Threatening, expressly or impliedly, to commit a sexual act upon another person without his or her consent;
    2. Stalking or cyberstalking; and
    3. Engaging in indecent exposure.

1Mere offensiveness is not enough to create a hostile environment. Although repeated incidents increase the likelihood that harassment has created a hostile environment, a serious incident (such as a sexual assault), even if isolated, can be sufficient. In addition, actions that constitute stalking, domestic violence or dating violence may rise to the level of creating a hostile environment. In determining whether harassment has created a hostile environment, consideration will be made not only as to whether the conduct was unwelcome to the person who feels harassed but also whether a reasonable person in a similar situation would have perceived the conduct as objectively offensive. Also, the following factors will be considered: 1) the degree to which the conduct affected one or more students’ education or individuals’ employment; 2) the nature, scope, frequency, duration and location of incident or incidents; and 3) the identity, number and relationships of persons involved.

Dating Violence: “Dating violence” means violence by a person who has been in a romantic or intimate relationship with the victim. Whether there was such a relationship will be gauged by its length, type and frequency of interaction.

Domestic Violence: “Domestic violence” means asserted violent misdemeanor and felony offenses committed by the victim’s current or former spouse, current or former cohabitant, a person similarly situated under domestic or family violence law, or anyone else protected under domestic or family violence law.

Stalking: “Stalking” includes a course of conduct or pattern of words—whether verbal, written or electronic—directed at a specific person that would cause a reasonable person to fear for her, his or others’ safety or to suffer substantial emotional distress. A course of conduct means two or more acts including but not limited to acts in which the alleged stalker directly or indirectly or through third parties by any action or means, follows, monitors, surveils, threatens, or communicates to or about a person or interferes with a person’s property. Per SC Code of Laws 16-3-700, stalking is also a pattern of words—whether verbal, written or electronic—or a pattern of conduct that serves no legitimate purpose and is intended to cause and does cause a targeted or reasonable person in the targeted person’s position to fear:

  1. Death of the person or a member of his/her family;
  2. Assault upon the person or a member of his/her family;
  3. Bodily injury to the person or a member of his/her family;
  4. Criminal sexual contact on the person or a member of his/her family;
  5. Kidnapping of the person or a member of his/her family; or
  6. Damage to the property of the person or a member of his/her family.

Non-Title IX Sexual Misconduct is defined as follows:

  1. Conduct that would otherwise meet the definition of Sexual Harassment but does not meet the geographical or personal jurisdictional requirements under Title IX and its implementing regulations. For example, an alleged sexual assault that occurs in an off-campus apartment leased by a student would not satisfy the geographical jurisdiction of Title IX, but that alleged assault would be addressed under this Policy as Sexual Misconduct.
  2. Non-Title IX Sexual/Gender-Based Harassment: Non-Title IX Sexual or gender-based harassment is a form of discrimination that includes verbal, written, or physical behavior, directed at someone, or against a particular group, because of that person’s or group’s sex, gender identity, actual or perceived sexual orientation, or based on gender stereotypes, when:
    1. that conduct is unwelcome and meets the following criteria:
      1. Submission to or rejection of the conduct is made either explicitly or implicitly a term or condition of an individual’s education, employment, University living environment, or participation in a University activity or program; or
      2. submission to or rejection of the conduct is used as the basis for, or as a factor in, decisions affecting an individual’s education, employment, University living environment, or participation in a University activity or program; or
      3. the conduct has the purpose or effect of creating an intimidating, hostile, or offensive educational, employment, University living, or University activity or program environment(s) for an individual, or
      4. the conduct unreasonably interferes with the educational, employment, or University living, or University activity or program environment(s) of an individual; AND
    2. the conduct is sufficiently severe or pervasive that it alters the terms, conditions, or privileges of an individual’s education, employment, University living environment, or participation in a University activity or program.

    Conduct may be verbal or nonverbal, written, or electronic. Sexual or gender-based harassment can occur between any persons, including those the same or opposite sex, and either as single or repeated incidents. Whether conduct is sufficient to constitute harassment is evaluated under the totality of the circumstances, including the frequency of the conduct, its severity, whether it is physically threatening or humiliating, or merely an offensive utterance. These factors are evaluated from both subjective and objective viewpoints, considering not only the effect that the conduct actually had on the person, but also the impact it would likely have had on a reasonable person in the same situation. The conduct must subjectively and objectively meet this definition to be sexual or gender-based harassment under this Policy.

    The definition of Non-Title IX Sexual Misconduct applies differently to Bob Jones University students, employees, and third parties. This definition applies to Bob Jones University students from the time a student moves into an on-campus residence or matriculates at Bob Jones University whichever is sooner, and continues until the student is no longer enrolled at Bob Jones University. This includes conduct taking place anywhere in the world and is not limited to conduct within Bob Jones University’s Education Programs or Activities.

    This definition applies to Bob Jones University’s employees and non-student third parties only to the extent the conduct giving rise to the complaint is directly related to the University’s Education Programs or Activities.

  3. Sexual exploitation. Conduct that is defined as taking non-consensual, unjust, or abusive sexual advantage of another, for one’s own advantage or benefit; or to benefit or advantage anyone other than the person being exploited. Sexual exploitation encompasses a wide range of behaviors including, but not limited to:
    1. inducing incapacitation with the intent to rape or sexually assault another person;
    2. non-consensual video or audio-recording of sexual activity;
    3. allowing others to observe a personal act of consensual sex without knowledge or consent of the partner;
    4. engaging in Peeping Tommery (voyeurism);
    5. knowingly transmitting a sexually transmitted disease, including HIV, to another student;
    6. prostituting another person (i.e.—personally gaining money, privilege, or power from the sexual activities of another person); or
    7. indecent exposure (willfully exposing one’s genitals in any public place, and in the presence of another person).
Retaliation Retaliation is action taken by an accused individual or an action taken by a third party against any person because that person has opposed any practices forbidden under this policy or because that person has filed a complaint, testified, assisted or participated in any manner in an investigation or proceeding under this policy. This includes action taken against a bystander who intervened to stop or attempt to stop discrimination, harassment, stalking or sexual misconduct. Retaliation includes intimidating, threatening, coercing or in any way discriminating against an individual because of the individual’s complaint or participation. Action is generally deemed retaliatory if it would deter a reasonable person in the same circumstances from opposing practices prohibited by this policy.
Consent Consent requires speech or conduct indicating a freely given agreement to have intercourse or participate in sexual activities. Silence or the absence of resistance alone is not consent. Previous sexual relationships, current relationships with the perpetrator or the use of alcohol and/or drugs may not be taken as an indication of consent. Moreover, consent cannot be given if a person’s ability to resist or consent is substantially impaired because of a mental or physical condition or if there is a significant age or perceived power differential, or the individual is under the legal age of consent. The use of alcohol and/or drugs by the perpetrator is not an excuse for violation of this policy.

Prohibition of Retaliation

BJU will not retaliate against an individual who makes a report of discrimination, harassment, sexual misconduct and/or retaliation or provides information concerning an act of discrimination, harassment and/or retaliation; nor will it permit any other employee or student to do so. Retaliation is a serious violation of the BJU Discrimination and Harassment Policy. Any person found to have retaliated against another individual for reporting discriminatory harassment will be subject to appropriate discipline. Individuals who believe they have been subject to any acts of retaliation or threatened with retaliation are requested to promptly report the same pursuant to the grievance procedures outlined below. Nothing herein shall be construed to prevent or restrict the ability of a party to discuss the allegations or gather and present relevant evidence, including presentation of expert witnesses.

It is not retaliatory for the institution to charge an individual with a code of conduct violation for making a materially false statement in bad faith in the course of this process; however, a determination of responsibility alone is not sufficient to conclude that any party made a materially false statement in bad faith.

Presumption of Innocence

The respondent is presumed not responsible for the alleged conduct until a determination is made under this policy.

Obligation to Report

All university employees must, as soon as practicable, report information they have about alleged or possible sexual discrimination, sexual harassment and/or sexual misconduct involving students to the Title IX Coordinator.

Note: This obligation does not apply to an individual who is required by his or her profession and BJU responsibilities to keep certain communications confidential (e.g., a professional counselor or chaplain), except as may be required by law. Further, the director, the counselors and front desk staff at the Center for Student Care are not required to report incidents in a way that identifies the student without consent.

Upon receiving a report of alleged or possible sexual discrimination, sexual harassment or sexual misconduct, the Title IX Coordinator will evaluate the information received and determine what further actions should be taken. The Title IX Coordinator will follow the procedures described in the Grievance Procedures. The Title IX Coordinator will take steps, either directly with the complainant or through a reporting employee, to provide information about the University’s Grievance Procedures as well as available health and counseling resources and options for criminal reporting.

Responsive Action

Consequences for violating this Policy will depend upon the facts and circumstances of each particular situation.

If an investigation reveals that misconduct constituting discrimination, harassment, sexual misconduct and/or retaliation has occurred, appropriate responsive action will be implemented.

Staff, Administrators and Faculty: Responsive action for employees found to have more likely than not violated this policy may include, for example, a requirement not to repeat or continue the discriminatory, harassing, or retaliatory conduct; training; referral to counseling; no-contact orders; and disciplinary actions such as warnings, reprimands, withholding of a promotion or pay increase, reassignment, loss of oversight or supervisory responsibility, temporary suspension without pay, compensation adjustments, or termination. In addition to or in place of the above responsive actions, the University may assign any other sanctions as deemed appropriate.

Students: Responsive action for students found to have more likely than not violated this policy may include, for example, a requirement not to repeat or continue the discriminatory, harassing, or retaliatory conduct; training; referral to counseling; no-contact orders; removal from residential housing; removal from leadership positions; loss of privileges; withholding of a student’s diploma for a specified time and/or denial of student participation in commencement activities; revocation of a previously-awarded degree for serious violations committed by a student prior to graduation; and disciplinary actions such as warnings, reprimands, general disciplinary probation, restrictive disciplinary probation, suspension, or dismissal. In addition to or in place of the above responsive actions, the University may assign any other sanctions as deemed appropriate.

In instances where BJU is unable to take responsive action regarding a violation of this policy because a complainant insists on confidentiality or for some other reason, BJU will nonetheless pursue other responsive steps to limit the effects of the conduct at issue and prevent its recurrence. See Absence of a Grievance Complaint below.

In addition to the above, the University may also take appropriate action if it does not find discrimination or harassment that creates a hostile environment or results in a tangible employment or educational action but (a) does find that the respondent engaged in disruptive behavior or (b) to prevent the creation of a hostile environment. See the BJU Grievance Procedure below for additional information.

Absence of a Grievance Complaint

Regardless of whether a formal complaint under the grievance procedures is filed (including where a complainant is unwilling to participate in the investigation process), if BJU has credible notice—either direct or indirect—of possible discrimination, harassment, sexual misconduct and/or retaliation against a member of its community or notice of a hostile, harassing or discriminatory environment, it will take immediate and appropriate steps to evaluate what occurred and determine if further action is required as well as prevent any further recurrence. Any response to such notice may be limited if the events giving rise to such notice cannot be verified by independent facts. BJU will conduct such an inquiry regardless of whether there is a concurrent criminal investigation being conducted by the local authorities. By way of example, BJU will investigate allegations of sexual harassment and take appropriate action even if a complainant does not wish to pursue the disciplinary process; however, a complainant should be aware that any response may be hindered by the complainant’s wish to anonymity and/or inaction.

Prevention and Education

BJU is committed to preventing and eliminating impermissible discrimination and harassment of students, faculty and staff. To that end, BJU will broadly disseminate this policy, distribute a list of resources available to respond to concerns of harassment and discrimination and related retaliation, and develop and present appropriate educational programs for students and employees.

BJU will make available regular primary prevention programs and ongoing education and awareness programs for all students and employees. The university is committed to ensuring that all students and employees understand how to respond to reports of sexual misconduct.

All new and transfer students and all new employees will receive education in primary prevention and awareness of sexual harassment, discrimination and violence, including sexual assault, stalking, domestic violence and dating violence.

BJU will make this training available to all current students, faculty and staff to review.

The Title IX Coordinator is responsible for oversight, coordination, and assessment of prevention and training programs on campus. Campus education and prevention programs will be reviewed on an annual basis to ensure quality and address resource needs. Training and education may be provided by appropriately trained campus personnel and or external partners, either in person or online.

Annual Report

The Title IX Coordinator maintains an annual report documenting: (1) the number of reports or complaints received pursuant to this policy, (2) the categories of those involved in the allegations, (3) the number of policy violations found, and (4) examples of sanctions imposed for policy violations.

Policy Updates

The Title IX Coordinator will review this policy annually in consultation with the Provost. BJU reserves the right to make changes to this policy at any time as necessary and once those changes are posted online, they are in effect. The Title IX Coordinator may make minor modifications to procedure that do not materially jeopardize the fairness owed to any party, such as to accommodate summer schedules, etc. The Title IX Coordinator may also vary procedures materially with notice upon determining that changes to law or regulation require policy or procedural alterations not reflected in this policy and procedure. Procedures in effect at the time of the resolution will apply to resolution of incidents, regardless of when the incident occurred. Policy in effect at the time of the offense will apply even if the policy is changed subsequently. If government regulations change in a way that impacts this policy, this policy will be construed to comply with government regulations in their most recent form.

Filing with External Agencies

In addition to, or in lieu of, the filing of a Grievance pursuant to the BJU Grievance Procedures:

Students (either undergraduate or graduate) and student applicants may file formal complaints with the following agency:

United States Department of Education, Office for Civil Rights
61 Forsyth Street SW., Suite 19T70
Atlanta, GA 30303-3104
Telephone: (404) 562-6350; TDD: (404) 331-7236
(Must file within 180 calendar days from date of discrimination.)

Employees and applicants for employment may file formal complaints with the following agencies:

South Carolina Human Affairs Commission
2611 Forest Drive, Suite 200, Post Office Box 4490
Columbia, SC 29240
Telephone: (803) 737-7800; TDD: (803) 253-4125
(Must file within 180 calendar days from date of discrimination.)

U. S. Equal Employment Opportunity Commission
301 North Main Street, Suite 1402
Greenville, SC 29601
Telephone: (864) 241-4400; TDD: (864) 241-4403
(Must file within 180 calendar days from date of discriminatory act or 30 days after receiving notice that the state or local agency has terminated its processing of the charge, whichever is earlier.)

Grievance Procedures

Complaints and Reporting

Complaints and third-party reports of discrimination, harassment, sexual misconduct and/or retaliation should be made to the Title IX Coordinator. There is no time limitation on the filing of a complaint; however, if the respondent is no longer subject to the university’s jurisdiction, the ability to investigate and respond may be limited. Also, at the time of filing a formal complaint, a complainant must be participating in or attempting to participate in an educational program or activity of BJU.

The contact information for the BJU Title IX Coordinator is listed below:

Title IX Coordinator
Bob Jones University
(864) 370-1800, ext. 1374

Complaints and reports should be made as soon as possible after an incident. The Title IX Coordinator coordinates and tracks all complaints and reports under this procedure.

There are several avenues available for submitting a complaint or report:

  • File a complaint or report on the form contained on the BJU intranet;
  • Telephone the Title IX Coordinator;
  • Leave a private voice message for the Title IX Coordinator;
  • Send an email to the Title IX Coordinator;
  • Mail a letter to the Title IX Coordinator;
  • Visit the Title IX Coordinator;
  • Report to another trusted university official (e.g., resident assistant, professor, coach, advisor) who will provide information to the Title IX Coordinator.

If there is a complaint about the Title IX Coordinator, or if the Title IX Coordinator has a complaint, that complaint should be filed with the provost of the University. The provost will appoint another trained individual to take the place of the Title IX Coordinator for purposes of the complaint.

Confidentiality of Complaints and Reports

BJU will treat all information submitted in connection with such a grievance as confidential. Subject to FERPA and other applicable privacy laws, however, the BJU official investigating the grievance will inform individuals with a legitimate need to know of the grievance and may provide them related information as necessary to allow the BJU official to conduct a meaningful and thorough investigation. The BJU official investigating the grievance will inform all involved parties of the need to maintain the confidentiality of such information.

In addition, information about complaints and reports, absent personally identifiable information, may be reported to BJU officials and external entities for statistical and analysis purposes pursuant to federal and state law and university policy.

Complainant Request for Confidentiality

A complainant may make a request for anonymity. This type of request means that the complainant does not want his/her identity known to the accused or witnesses or that the complainant wishes to withdraw a report. In these situations, BJU will make all reasonable attempts to comply with this request; however, BJU’s ability to investigate and respond may be limited and the complainant will be so informed. In cases indicating pattern, predation, threat, weapons and/or violence, BJU will likely be unable to honor a request for confidentiality. If the Coordinator determines to move forward despite a reluctant or unwilling complainant, the Title IX Coordinator will sign the formal complaint.

Moreover, because of laws relating to reporting and other state and federal laws, BJU cannot guarantee confidentiality to those who report incidents of sexual crimes, except where those reports are privileged communications with those in legally protected roles. The professional being consulted will, if possible, make these limits clear before any disclosure of facts.

An individual can speak confidentially with certain individuals in legally protected roles. They include counseling service professionals, the counselors and the chaplain. Exceptions to maintaining confidentiality are set by law; for example, physicians and nurses who treat any physical injury sustained during a sexual assault are required to report it to law enforcement. In addition, physicians, nurses, psychologists, psychiatrists, teachers and social workers must report a sexual assault committed against a person under age 18. See SC Code of Laws 63-7-310.

Considerations with respect to a complainant’s request for confidentiality include factors such as BJU’s ability to respond effectively, to prevent further harassment or to ensure the safety of the BJU community.

As required by law, all disclosures to any BJU employee of an incident of a sexual crime must be reported to the Department of Public Safety for crime statistics record keeping. In making such a report, all personally identifiable information is kept confidential, but statistical information must be passed along to Public Safety regarding the type of incident and its general location (on or off campus, in the surrounding area [but no addresses are given]), for publication in the annual Safety and Security report (i.e., Clery Report). This report helps to provide the community with a clear picture of the extent and nature of campus crime in order to ensure greater community safety. Local law enforcement agencies and campus security authorities are federally mandated to report crime statistics.

A survivor of a sexual crime should be aware that administrators must also issue timely warnings for incidents reported to them that may continue to pose a substantial threat of bodily harm or danger to members of the campus community. BJU will ensure that a survivor’s name and other identifying information is not disclosed while still providing enough information for members of the BJU community to make safety decisions in light of the danger.

Role of Title IX Coordinator

The Title IX Coordinator is a neutral administrator in any investigatory and disciplinary proceedings involving discrimination and harassment, including incidents of sexual assault or misconduct. The Title IX Coordinator is responsible for coordinating discrimination and harassment investigations and proceedings and working with all involved parties. The Title IX Coordinator does not, however, determine if a policy violation has occurred. In addition, the Title IX Coordinator serves as the overall campus coordinator for purposes of Title IX compliance and identifies and addresses any patterns or systemic problems that arise during the review of sexual harassment complaints. The Title IX Coordinator also oversees BJU’s harassment and discrimination education and training programs.

The burden of collecting evidence and proving a violation of policy will always belong solely to the University.

Preliminary Inquiry

Following receipt of notice or a complaint, the Title IX Coordinator conducts a preliminary inquiry to determine if there is reasonable cause to believe the policy has been violated. The preliminary inquiry is typically 1–3 days in duration. During this inquiry the Title IX Coordinator will determine if the allegations evidence violence, threat, pattern, predation and/or weapon, in the event that the complainant has requested confidentiality. As necessary, BJU reserves the right to initiate resolution proceedings (including formal resolution) without a formal report or participation by the complainant. In cases where the complainant wishes to proceed or BJU determines it must proceed, and the preliminary inquiry shows that reasonable cause exists, the Title IX Coordinator will make a formal report in writing and direct the resolution process to commence and the allegation will be resolved through one of the processes provided for below.

If the Title IX Coordinator determines

  1. the alleged conduct occurred outside of the institution’s education program or activity,
  2. the complaint is filed against a person outside of the United States, or
  3. at the time of filing a formal complaint, the complainant is not participating in or attempting to participate in an educational program or activity of BJU,

the Coordinator must dismiss the complaint but may refer the allegations to be addressed through the University’s student conduct or human resources policies.

False and Malicious Accusations

False and malicious accusations of harassment, as opposed to complaints that even if erroneous are made in good faith, may be subject to appropriate disciplinary action up to and including termination or dismissal.

Resolution Processes

Presence of an Advisor

All parties are allowed an advisor of their choosing to guide and accompany them throughout the campus resolution process. The advisor may be a friend, mentor, family member, attorney or any other supporter a party chooses to advise them.

The parties are entitled to be accompanied by their advisor in all meetings and interviews at which the party is entitled to be present, including intake, interviews and appeals. Advisors may not address campus officials in a meeting, interview or hearing unless invited. The Title IX Coordinator will create and maintain guidelines on the role of the advisor and will disseminate the policy to all parties at the initial meetings with the parties. If a party does not have an advisor but wishes to, the Coordinator will provide one at no cost the party. In the event of a live hearing under this policy, the Coordinator must provide an advisor to any party who does not have one, at no cost.

Direct Resolution

An individual who believes that she or he is the subject of discrimination or harassment (“complainant”) may attempt to resolve the issue with the respondent directly, except where allegations involved sexual assault. This attempt need not be confrontational in nature. It may involve speaking directly to the respondent (either face to face or by telephone) or writing an email or letter to the respondent.

Note that any attempt at direct resolution between a complainant and the respondent should be regarded as strictly voluntary on the part of the complainant. Under no circumstances should a complainant feel pressured to address the respondent directly or otherwise handle the matter alone, and a decision not to confront an individual she or he believes to be discriminatory or harassing will not be viewed negatively. Moreover, the complainant always has the right to pursue other methods of resolution as described below without being required to attempt to resolve the complaint directly with the respondent.

If direct resolution measures prove unsuccessful, an individual may choose to report the situation and pursue other methods of resolution as described below.

Receipt of a Complaint

If a complainant chooses to file a complaint, the Title IX Coordinator, within five (5) days of receiving the complaint, will meet with the complainant to discuss the matter and inform the complainant about:

  1. available counseling, medical, mental health, victim advocacy, legal assistance, visa and immigration assistance, student financial aid, and other support services available both within institution and in the community, if applicable to the situation;
  2. the option to avoid contact with the respondent during the pendency of the investigation;
  3. the importance of preserving evidence;
  4. the fact that completing a forensic examination would not require the Complainant to file a police report.
  5. rights under the BJU Harassment and Discrimination Policy, including the right to seek informal or formal resolution of the matter as applicable; and
  6. the right to:
    1. notify proper law enforcement authorities, including on-campus and local police,
    2. be assisted by campus authorities in notifying law enforcement authorities if the victim so chooses, and
    3. decline to notify such authorities.

The Title IX Coordinator will also provide the complainant with a copy of the BJU Harassment and Discrimination Policy.

As necessary, BJU reserves the right to initiate resolution proceedings (including formal resolution) without participation by the complainant.

Upon receipt of the formal report, the Title IX Coordinator will provide written notice to the parties, including:

  1. Notice of the applicable policies and procedures.
  2. Notice of the details of the allegations, including:
    1. The identities of the parties involved
    2. The specific sections(s) of the policy alleged to have been violated.
    3. The conduct that would be considered sexual harassment.
    4. The date of the incident.
    5. The location of the incident.
  3. Notice that the respondent is presumed to be “not responsible” for the alleged conduct until a determination is made according to this policy.
  4. Notice that the parties may request to see and review evidence collected in an investigation.
  5. A reminder that all parties are expected to be truthful in this process, including the consequences for providing knowingly false statements or submitting false information.

The Coordinator may also offer to meet separately with the respondent to discuss the matter and explain Title IX rights (if applicable) and the BJU Harassment and Discrimination Policy. The respondent is no required to participate in the meeting.

Additionally, following these meetings, the Title IX Coordinator will make a preliminary, nonbinding assessment of the information provided by the complainant to determine whether that information, if true, would pose an imminent threat of immediate harm to the complainant or others. If there is an imminent threat of immediate harm—then, consistent with the investigation procedures identified below, interim measures to assist or protect the parties during the grievance process will be implemented. The need for such temporary measures shall be reevaluated on a regular basis during the pendency of the investigation and any subsequent proceedings to ensure that the need for such interim measures remains present.

If at any point during the preliminary inquiry or formal resolution, the Title IX Coordinator determines there is no reasonable cause to believe that policy has been violated, the process will end. This decision lies in the sole discretion of the Title IX Coordinator.

Immediate Action and Interim Measures

As necessary, the University may take interim measures to assist or protect the parties and others during the grievance process. Such measures for a student complainant may include arranging for changes in class schedules or living arrangements, issuing a no-contact order, obtaining counseling, and temporarily modifying test schedules or other class requirements. For an employee complainant, the University may temporarily reassign or place on administrative leave an employee alleged to have violated the BJU Discrimination and Harassment Policy. Additionally, the University may enact any other measure which can be tailored to the involved individuals to achieve the goals of this Policy. Such interim measures may be implemented regardless of whether the victim chooses to report a crime to campus Public Safety or local law enforcement.

BJU may interim suspend a student or employee pending the completion of formal resolution process, particularly when the safety or well-being of any member(s) of the campus community may be jeopardized by the presence on-campus of the respondent. Before such action is taken, the Coordinator will conduct an individualized safety and risk analysis to determine whether an immediate threat to the physical health or safety of a student or other individual is present. In all cases in which an interim suspension is imposed, the student or employee will receive written notice and be given the option to meet with the Title IX Coordinator prior to such suspension being imposed, or as soon thereafter as reasonably possible, to show cause why the suspension should not be implemented. The Title IX Coordinator, with the concurrence of the Director of Human Resources (for non-faculty employee respondents), Provost (for faculty respondents), or Dean of Students (for student respondents), has discretion to implement or stay an interim suspension and to determine its conditions and duration. Violation of an interim suspension under this policy will be grounds for expulsion or termination. During an interim suspension or administrative leave, a student or employee may be denied access to the university campus, facilities, and/or events. As determined by the Title IX Coordinator, this restriction can include classes and/or all other university activities or privileges for which the student or employee might otherwise be eligible. At the discretion of the Title IX Coordinator, alternative coursework options may be pursued to ensure as minimal an impact as possible on respondent.

Further, BJU may withhold a graduating student’s diploma and/or deny a student’s participation in commencement activities pending the completion of the formal resolution process.

Informal Resolution

Informal resolution is not an option in cases in which a formal complaint has not been filed. Both parties must consent to the informal process in writing, and such consent must be informed and voluntary. The parties should not contact each other to discuss informal resolution. While BJU encourages early resolution of a conflict, it does not require that parties participate in the informal resolution process.

An informal process may not be used where an employee allegedly sexually harassed a student.

Either party has the right to end the informal resolution process at any time and begin the formal investigation stage of the complaint process. If the matter is resolved during the informal process, the case will be closed. If, however, the matter cannot be resolved or an individual chooses to end the informal resolution process, then the matter will proceed to the formal resolution stage.

Formal Resolution

When a matter is referred for formal resolution, the Title IX Coordinator will assign a trained investigator to conduct a formal investigation. At the discretion of BJU, a consultant or other appropriately trained designee may be engaged to assist in the formal investigation process. Any investigator assigned to the case will be impartial.

Note: Even if an external criminal complaint is being conducted by law enforcement, BJU will proceed with its own internal investigation and will not unduly delay such investigation.

Formal Investigation Time Frame

BJU will strive to complete the formal investigation, including the issuance of a final report of findings, in as timely and efficient a manner as possible within 30 days of assignment of the matter to the investigator(s). However, this time frame may be extended based on factors such as, but not limited to, schedule and availability of witnesses, holidays or semester breaks, and complexity of the complaint. If an investigation cannot be completed within 30 days of assignment to the investigators, then the Title IX Coordinator will notify the complainant and the accused of that fact and provide a time frame for completing the investigation.

Investigation Procedures

In conducting the investigation, the investigator(s) may interview the parties (if available) and any other persons believed to have relevant factual knowledge as well as review relevant documents as appropriate. The parties will have an equal opportunity to present relevant witnesses and other evidence.

Any evidence the investigators believe is relevant and credible may be considered, including pattern evidence. They may exclude irrelevant or immaterial evidence and may choose to disregard evidence lacking in credibility or that is improperly prejudicial. The investigators will not consider incidents not directly related to the possible violation, unless they show a pattern, nor will they meet with or consider character witnesses. The parties have the right to review and inspect all evidence, even if the investigator has determined that it will be excluded from his or her consideration.

Both parties will receive timely written notice for each and every meeting or interview scheduled with the Title IX Coordinator or Investigator(s). Such written notice will include the date, time, location, participants, and the purpose of the interview or meeting.

Both parties will likewise have equal access to any information that will be used during informal or formal resolution processes, including appeals.

The investigation will result in a written report detailing the findings of the investigation. The investigator’s findings will be in writing and will be provided to the Title IX Coordinator.

The Title IX Coordinator will provide both parties with a copy of the report. Each party will have 10 days to review the report and submit a written response to the evidence. These responses must be considered by the investigator(s) before finalizing the report. After the investigator(s) finalize the report, the Title IX Coordinator will provide the final report to the parties at least 10 days before any hearing.

Hearing

No sooner than 10 days after the parties have received the final report of the investigator(s), BJU will conduct a live hearing before a trained decision-making panel (the Hearing Panel) to adjudicate the allegations of the complaint. The Title IX Coordinator will provide the parties with notice of the hearing, including date, time, location, participants, and purpose, with sufficient time for the parties to prepare. The Coordinator will ensure that the hearing is recorded and will make the recording available to the parties for inspection and review.

Each party will have an opportunity to cross-examine the other party and witnesses directly, orally and in real time, asking all relevant questions and follow-up questions, including questions challenging the party’s or witness’s credibility. However, cross-examination must be conducted by the party’s advisor, never by a party. All questions must first be evaluated by the Hearing Panel to ensure relevance before the question is asked. If the Hearing Panel rejects any question, an explanation for the rejection will be made on the record.

At the request of either party, BJU must provide for the entire live hearing to occur with the parties located in separate rooms with technology enabling the parties to see and hear each other.

The Hearing Panel must exclude all prior statements made by a party of witness who does not attend the hearing and/or chooses not to submit to cross-examination. However, the Hearing Panel will not draw negative inferences from the failure to participate, only from the evidence that is or is not available.

The Hearing Panel will not pose questions and/or consider evidence about the complainant’s prior sexual predisposition or sexual behavior unless such evidence is being offered to prove someone other than the respondent committed the alleged conduct or the evidence related to the complainant’s prior sexual behavior with respect to the respondent and is being offered to prove consent. The Hearing Panel will not allow similar questions on cross-examination of the complainant that do not meet this criterion.

Decision

Within 10 days of the end of the hearing, the Hearing Panel will issue a written determination (the Hearing Report) simultaneously to all parties for each alleged policy violation, including:

  1. The specific section(s) of the policy alleged to have been violated.
  2. A description of all the steps taken from the receipt of the formal report through the hearing.
  3. Specific descriptions of all findings of fact that support the determination.
  4. Conclusions regarding the application of the findings of fact to the alleged violations.
  5. A statement and rationale with respect to each allegation, including determination, sanctions, and remedial measures.

Sanctions

Factors considered when determining a sanction may include: the nature, severity of, and circumstances surrounding the violation; the respondent’s disciplinary history; previous allegations or allegations involving similar conduct; any other information deemed relevant; the need for sanctions to bring an end to the discrimination, harassment and/or retaliation; the need for sanctions to prevent the future recurrence of discrimination, harassment and/or retaliation; the need to remedy the effects of the discrimination, harassment and/or retaliation on the complainant and the community.

Both parties will be afforded an opportunity to file an appeal of the resolution as set forth below.

Formal Resolution Time Frame

BJU will strive to complete all aspects of the formal resolution, including the issuance of a Hearing Report to the parties, in as timely and efficient a manner as possible within sixty (60) days of receipt of a written complaint. However, this time frame may be extended based on factors such as, but not limited to, schedule and availability of witnesses, holidays or semester breaks, and complexity of the complaint. If formal resolution cannot be completed within sixty (60) days of receipt of the complaint, then the Title IX Coordinator will notify the complainant and the accused of that fact and will provide a time frame for completion.

Withdrawal or Resignation While Resolution Pending

Students: BJU does not permit a student to withdraw if that student has an allegation pending for violation of this policy. Should a student decide to leave and/or not participate in the resolution process, the process will nonetheless proceed in the student’s absence to a reasonable resolution and that student will not be permitted to reenroll at BJU unless all sanctions have been satisfied. The student will not have access to an academic transcript until the allegations have been resolved.

Employees: Should an employee resign with unresolved allegations pending, the records of the Title IX Coordinator and human resources will reflect that status, and any BJU responses to future inquiries regarding employment references for that individual will indicate the former employee is ineligible for rehire.

Appeals

A request for an appeal before the Title IX Appeal Panel must be filed with the Title IX Coordinator within five (5) working days of the receipt of the Hearing Panel’s Hearing Report, unless good cause can be shown for an extension of time. The request for extension of time and the documentation showing good cause must be received by the Title IX Coordinator within five (5) working days of the party’s receipt of the Hearing Report. The request for appeal must be in writing and must describe the appellant’s desired outcome as well as one or more of the following grounds

  1. the investigator(s), Title IX Coordinator, or Hearing Panel member(s) had a conflict of interest or bias which influenced the outcome of the investigation/hearing.
  2. Discovery of new evidence, not known or reasonably knowable to the appealing party at the time of the investigation, that could substantially impact the dismissal, finding or sanction. A summary of the new evidence and its potential impact must be included.
  3. The existence of a procedural irregularity that substantially impacted the findings or sanction.

The Hearing Report’s finding and sanction will stand if the appeal is not timely filed or is not based on the grounds listed above, and such decision is final.

Submission of a request for an appeal, review of such a request, or a hearing on the request will not automatically stay any previously implemented responsive actions, restrictions, sanctions, or remedies. At the Title IX Coordinator’s sole discretion, such acts, sanctions, or remedies may be stayed or lifted pending resolution if the request for appeal is accepted for review or hearing.

As soon as practicable, the Title IX Coordinator will provide the non-appealing party and the chair of the Title IX Appeal Panel (the Appeal Panel) with a copy of the written appeal.

Standard of Review

The Appeal Panel reviews the Hearing Report. If it finds the grounds for appeal have been proven by the preponderance of the evidence, the Appeal Panel may affirm, overturn or modify the findings and/or the sanction, or it may remand the case to the Hearing Panel or investigators.

Review of Appeal Request

The Appeal Panel will review the written appeal request and any documentation the appealing party submits. The Appeal Panel may request more information from the parties, the investigator(s), or the Hearing Panel. The Appeal Panel may, in its sole discretion, elect to decide the matter on the basis of the written materials provided. However, the Appeal Panel may also call for a hearing into the matter.

Notice of Hearing

Within five (5) working days of decision to hold a hearing, the Chair of the Appeal Panel will notify he complainant and the respondent of the time and place of the formal hearing before the Appeal Panel. This process might be extended during periods between academic semesters when a quorum of the committee cannot be convened. The hearing will normally be scheduled not less than ten (10) days or more than twenty (20) days after the notice of an appeal hearing. If such an appeal causes a significant delay, the Title IX Coordinator will consider interim measures, as described above, to continue to protect the parties during the process.

The Hearing

The chair of the Appeal Panel will conduct the hearing. The hearing will be a non-adversarial proceeding and strict rules of evidence will not be applied. However, the chair of the Appeal Panel may limit or refuse to allow evidence or testimony that is not reasonably related to a ground for appeal as presented in the request for appeal.

Decisions by the Appeal Panel will be deferential to the Hearing Panel, making changes to the finding only where there is clear error and to the sanction only if there is a compelling justification to do so. Appeals are not full re-hearings of the allegations and are not an opportunity for the appeals panelists to substitute their judgment for that of the Hearing Panel merely because they disagree with the findings or sanction.

Appeals granted based on new evidence will normally be remanded to the investigators for reconsideration and/or reinvestigation and a new hearing. Appeals granted based on investigator bias or conflict of interest will normally be remanded to new investigators for re-investigation and rehearing.

The hearing will be conducted to assure fairness and accuracy in fact-finding. The parties, their advisors, and witnesses will address the members of the Appeal Panel rather than each other. The chair will be the final arbiter of all matters of procedure. All hearings are closed to the public.

The Decision

Within three (3) working days of the conclusion of the formal hearing (or the decision of the Appeal Panel if no hearing is called), the Panel will submit a decision in writing to the Title IX Coordinator. The Title IX Coordinator will then forward the decision to the parties within three (3) working days.

The written decision will determine whether the grounds for appeal have been proven by the preponderance of the evidence and, if so, whether the findings or sanction have been affirmed, overturned or modified, remanded, and how.

Additionally, the decision will provide recommendations, if any, regarding redress of the complaint as well as any other recommendations, as applicable, for precluding further policy violations.

Where an appeal results in no change to the findings or sanction, that decision is final. Where an appeal results in remand to the investigators or sanctioning authority, any new finding or sanction can be appealed one final time on the grounds listed above and in accordance with these procedures.

In cases where the appeal results in reinstatement to BJU or resumption of privileges, all reasonable attempts will be made to restore the responding party to his or her prior status, recognizing that some opportunities lost may be irreparable in the short term.

Disability Accommodations

BJU will make arrangements to ensure that students with disabilities are provided appropriate accommodations as needed to participate in this grievance procedure. Requests for accommodations must be made to the Title IX Coordinator, who will review the supporting disability-related documentation, make a decision about the request, notify the student about approved accommodations and make arrangements for the accommodations. Accommodations may include, but are not limited to, providing interpreters for the deaf, providing recordings of materials for the blind and assuring a barrier-free location for the proceedings.

Complainant and Accused Rights in Sex-Based Discrimination and Harassment Cases

Complainant Rights: Complainants are afforded the following rights in this process:

  1. To be treated with respect, dignity and sensitivity throughout the process;
  2. To seek support services at BJU;
  3. To confidentiality and protection under the Family Education Rights and Privacy Act (FERPA). BJU will make all reasonable efforts to ensure preservation of privacy, restricting information to those with a legitimate need to know;
  4. To be informed of the BJU Discrimination and Harassment Policy and procedures;
  5. To a prompt and thorough investigation of the allegations;
  6. To review all applicable documents prior to a hearing;
  7. To challenge any individual taking part in a proceeding if a conflict of interest is present;
  8. To participate or decline to participate in the procedure. However, BJU will determine an outcome with the information available pursuant to applicable proceedings;
  9. To refrain from making self-incriminating statements;
  10. To appeal the decision made and/or sanctions imposed;
  11. To be notified in writing of the case resolution—including the outcome of any appeal;
  12. To report incidents of sexual assault or misconduct to law enforcement if she/he wishes to do so;
  13. To understand that information collected in this process may be subpoenaed in criminal or civil proceedings;
  14. To ask the investigators to identify and question relevant witnesses;
  15. To have the opportunity to provide the investigators with a list of potential questions to ask of the complainant or witnesses.

Accused Rights: Individuals accused of a violation of the BJU Discrimination and Harassment Policy are afforded the following rights in this process:

  1. To be treated with respect, dignity and sensitivity throughout the process;
  2. To seek support services at BJU;
  3. To confidentiality and protection under the Family Education Rights and Privacy Act (FERPA). BJU will make all reasonable efforts to ensure preservation of privacy, restricting information to those with a legitimate need to know;
  4. To be informed of the BJU Discrimination and Harassment Policy;
  5. To a prompt and thorough investigation of the allegations;
  6. To review all applicable documents prior to a hearing;
  7. To challenge any individual taking part in a proceeding if a conflict of interest is present;
  8. To participate or decline to participate in the procedure. However, BJU will determine an outcome with the information available pursuant to applicable proceedings;
  9. To refrain from making self-incriminating statements;
  10. To appeal the decision made and/or sanctions imposed;
  11. To be notified in writing of the case resolution—including the outcome of the appeal;
  12. To understand that information collected in this process may be subpoenaed in criminal or civil proceedings;
  13. To ask the investigators to identify and question relevant witnesses;
  14. To have the opportunity to provide the investigators with a list of potential questions to ask of the complainant or witnesses.