The Sexual Misconduct Policy is reviewed annually. While the types of conduct prohibited by the policy and Furman’s process remain the same as last year, the following changes and additions were made to the policy for the 2017-18 year:

  • Inquiries regarding discrimination on the basis of disability are directed to Melissa Nichols, Title IX and ADA/Section 504 Coordinator, and employees with concerns regarding nondiscrimination not addressed in the policy are referred to Bud Bierly, AVP for Human Resources. (Page 2)
  • The policy specifies that allegations of gender-based discrimination, hazing or bullying may also be addressed under the Policy. (Page 4)
  • Section 1.03 has been amended to specify how Furman will handle Sexual Misconduct reported to have occurred in study away or internship programs.(Page 3)
  • The categories of prohibited conduct have been amended. (Page 4)
    • The conduct previously prohibited as “sexual assault” is now separated into two policy violations, “Non-consensual sexual touching” and “Non-consensual Sexual Penetration.” Please see the definitions in the policy. (Page B-3)
    • The conduct previously prohibited as “Domestic Violence” and “Dating Violence” is now covered by a provision prohibiting “Intimate Partner Violence.” Please see the definition in the policy. (Page B-4)
  • The policy clarifies that a person may not serve as both a support person and a witness in a proceeding. (Page 14)
  • The Policy details the process for appealing an interim measure. (Page 19)
  • The Policy states that interviews with investigators may be recorded. (Page 21)
  • Regarding evidence and witnesses, the policy states (Pages 21-22):
    • Any evidence the parties wish the Hearing Board to consider should be presented to the investigators as early as possible during the investigation process. If a party wishes to submit evidence in response to information in the Investigative Report, that information should be submitted as soon as practicable but in no event later than the submission of any written statement (due within two days of receipt of the Notice of Hearing and Composition of the Hearing Board). Any evidence that is not submitted in a timely manner during the course of the investigation or prior to the hearing may be excluded at the discretion of the Assigned Deputy Title IX Coordinator or the Title IX Coordinator.
    • Similarly, all witnesses should be identified to the investigators during the investigation. The Hearing Board generally will not call or consider written statements from witnesses who were not identified to investigators and interviewed during the investigation. In its discretion, the Hearing Board may choose to consider information from witnesses who were not interviewed during the investigation for good cause.
  • Parties are advised that they may submit a written statement for the Hearing Board to consider within two days of receiving the Notice of Hearing and Composition of Hearing Board. This statement and any evidence the party submits will be made available to the other party. (Page 24)
  • The sanction matrix has been amended to specify that educational sanctions may be used, either alone or in conjunction with other sanctions). (Page 27)
  • The appeals process was clarified. The Title IX Coordinator and the Assigned Deputy Title IX Coordinator first review any appeal to determine whether it meets the grounds for an appeal under the Policy. In addition, if an appeal raises issues regarding procedures, the Title IX Coordinator may provide the appeals board additional information relevant to their determination of the issues on appeal. (Page 29)
  • University ombudspersons have been added as confidential resources for faculty (Dr. Joe Pollard and Dr. Victoria Turgeon) and staff (Dr. Gary Clark). (Pages 6, 13 and A-2).

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