Harassment (Sexual Misconduct) Defined

Harassment (Sexual Misconduct)

Sex-based harassment, including sexual misconduct, is prohibited by ATU's Equal Opportunity, Harassment (Sexual Misconduct), and Nondiscrimination Policy and Procedures. Arkansas Tech University strongly encourages reporting of any form of gender-based discrimination or sex-based harassment, including sexual misconduct, such as sexual assault, domestic violence, dating violence, stalking, sexual harassment, and sexual exploitation. Sexual misconduct complaints may be filed at any time, regardless of the length of how much time has elapsed since the alleged incident(s). Click here to learn more about your reporting options and to access the online reporting form.

CLICK HERE TO ACCESS THE EQUAL OPPORTUNITY, HARASSMENT (SEXUAL MISCONDUCT), AND NONDISCRIMINATION POLICY AND PROCEDURES

Confidential support

Whether you decide to report or not, ATU wants to ensure that you are supported. We urge you to speak about what happened with someone you trust who can support you emotionally and help you develop a plan. This person could be a friend, family member, pastor, mentor, counselor in the ATU Health and Wellness Center, advocate from the Ozark Rape Crisis Center, or someone else who will be able to support you during this time.

Confidential counseling services are available through the Arkansas Tech University Health and Wellness Center in the Doc Bryan Student Services Center, Suite 119. To schedule an appointment or for more information, please contact the Health and Wellness Center at (479) 968-0329. The following licensed counselors offer confidential counseling for students at Arkansas Tech:

Kristy Davis, kdavis51@atu.edu
Janis Taylor, jtaylor78@atu.edu
Leann Watson, lwatson12@atu.edu
Hunter Bramlitt, jbramlitt@atu.edu
Dillon Webster, dwebster@atu.edu

Other off-campus confidential resources include:

Ozark Rape Crisis Center (24/7): 1-800-818-1189 or https://www.ozarkrapecrisiscenter.org/

River Valley Shelter (24/7): (479) 968-3110 or https://www.rivervalleyshelter.org/

Sexual Misconduct Defined

"Sexual misconduct" means any unwelcomed conduct of a sexual nature, including any conduct or act of a sexual nature perpetrated against an individual without consent. Sexual misconduct can occur between strangers or acquaintances, including people involved in an intimate or sexual relationship. Sexual Misconduct can be committed by any person upon any other person, regardless of the sex, sexual orientation, and/or gender identity or expression of those involved.

Forms of harassment (Sexual Misconduct)

Sexual Harassment (sexual misconduct) includes:

Conduct on the basis of sex/gender, or that is sexual in nature, that satisfies one or more of the following:

Quid Pro Quo:
1. an employee of ATU,
2. conditions the provision of an aid, benefit, or service of ATU,
3. on an individual's participation in unwelcome sexual conduct.
Sexual Harassment (Hostile Environment)
1. unwelcome conduct,
2. determined by a reasonable person,
3. to be so severe, and
4. pervasive, and
5. objectively offensive,
6. that it effectively denies a Complainant equal access to ATU's education program or activity.
Sexual assault, any sexual act directed against a Complainant, defined as:
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,
  - without their consent,
  - including instances where they are incapable of giving consent because of age, or because of temporary or permanent mental or physical incapacity.
2. Sodomy:
  - Oral or anal sexual intercourse with a Complainant,
  - forcibly, and/or
  - against their will (non-consensually), or
  - not forcibly or against their will in instances in which the Complainant is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacity.
3. Sexual Assault with an Object:
  - The use of an object or instrument to penetrate,
  - however slightly,
  - the genital or anal opening of the body of the Complainant,
  - forcibly, and/or
  - against their will (non-consensually), or
  - not forcibly or against their will in instances in which the Complainant is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacity.
4. Fondling:
  - The touching of the private body parts of the Complainant (buttocks, groin, breasts),
  - for the purpose of sexual gratification,
  - forcibly, and/or
  - against that person's will (non-consensually), or
  - not forcibly or against their will in instances in which the Complainant is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacity.
5. Sex Offenses, Non-Forcible:
  1. Incest:
    - Non-forcible sexual intercourse,
    - between persons who are related to each other,
    - within degrees wherein marriage is prohibited by Arkansas law.
  2. Statutory Rape:
    - Non-forcible sexual intercourse,
    - with a person who is under the statutory age of consent of 14.
Dating Violence, defined as:
1. violence,
2. on the basis of sex,
3. committed by a person,
4. who is in or has been in a social relationship of a romantic or intimate nature with the Complainant.
  1. The existence of such a relationship shall be determined based on the Complainant’s statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. For the purposes of this definition—
    1. Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuses
    2. Dating violence does not include acts covered under the definition of domestic violence.
Domestic Violence, defined as*:
1. violence,
2. on the basis of sex,
3. committed by a current or former spouse or intimate partner of the Complainant under family or domestic violence laws of Arkansas, and
4. includes the use or attempted use of physical abuse or sexual abuse, or a pattern of any other coercive behavior committed, enabled, or solicited to gain or maintain power and control over a Complainant, including verbal, psychological, economic, or technological abuse that may or may not constitute criminal behavior, by a person who-
5. is a current or former spouse or intimate partner of the Complainant, or person similarly situated to a
  spouse of the Complainant;
6. is cohabitating, or has cohabitated, with the Complainant as a spouse or intimate partner;
7. shares a child in common with the Complainant;
8. commits acts against a youth or adult Complainant who is protected from those acts under the family or domestic violence laws of the jurisdiction.
  
  To categorize an incident as Domestic Violence under this Policy, the relationship between the Respondent
  and the Complainant must be more than just two people living together as roommates. The people
  cohabitating must be current or former spouses or have an intimate relationship.
  
  *Per VAWA Reauthorization 2022, 34 U.S.C. 12291:
  - Economic abuse, in the context of domestic violence, dating violence, and abuse in later life, means behavior that is
    coercive, deceptive, or unreasonably controls or restrains a person’s ability to acquire, use, or maintain economic
    resources to which they are entitled, including using coercion, fraud, or manipulation to—
    1. Restrict a person’s access to money, assets, credit, or financial information;
    2. Unfairly use a person’s personal economic resources, including money, assets, and credit, for one’s own advantage;
      or
    3. Exert undue influence over a person’s financial and economic behavior or decisions, including forcing default on
      joint or other financial obligations, exploiting powers of attorney, guardianship, or conservatorship, or failing or
      neglecting to act in the best interests of a person to whom one has a fiduciary duty.
  - Technological abuse means an act or pattern of behavior that occurs within domestic violence, sexual assault, dating violence or stalking and is intended to harm, threaten, intimidate, control, stalk, harass, impersonate, exploit, extort, or monitor, except as otherwise permitted by law, another person, that occurs using any form of technology, including but not limited to: internet-enabled devices, online spaces and platforms, computers, mobile devices, cameras and imaging programs, apps, location tracking devices, or communication technologies, or any other emerging technologies.
  - Abuse later in life means neglect, abandonment, economic abuse, or willful harm of an adult aged 50 or older by an
    individual in an ongoing relationship of trust with the victim or domestic violence, dating violence, sexual assault, or
    stalking of an adult aged 50 or older by any individual. This definition does not include self-neglect.
Stalking, defined as:
1. engaging in a course of conduct,
2. on the basis of sex,
3. directed at the Complainant, that
  1. would cause a reasonable person to fear for the person's safety, or
  2. the safety of others, or
  3. suffer substantial emotional distress.
Sexual Exploitation*, defined as:
1. an individual taking non-consensual or abusive sexual advantage of another,
2. for their own benefit or for the benefit of anyone other than the person being exploited, and
3. that conduct does not otherwise constitute sexual harassment under this Policy.
  
  *While Sexual Exploitation does not fall under "Title IX," it is prohibited by ATU policy.
  Examples of Sexual Exploitation include, but are not limited to:
  - - Sexual voyeurism (such as observing or allowing others to observe a person undressing or using the bathroom or engaging in sexual acts, without the consent of the person being observed)
    - Indecent exposure
    - Invasion of sexual privacy (e.g. doxing)
    - Taking pictures, video, or audio recording of another in a sexual act, or in any other sexually-related activity when there is a reasonable expectation of privacy during the activity, without the consent of all involved in the activity; or exceeding the boundaries of consent (such as allowing another person to hide in a closet and observe sexual activity; or disseminating sexual pictures without the photographed person’s consent), including the making or posting of non-consensual pornography
    - Prostituting another person
    - Engaging in sexual activity with another person while knowingly infected with human immunodeficiency virus (HIV) or a sexually-transmitted disease (STD) or infection (STI), without informing the other person of the virus, disease, or infection
    - Causing or attempting to cause the incapacitation of another person (through alcohol, drugs, or any other means) for the purpose of compromising that person’s ability to give consent to sexual activity, or for the purpose of making that person vulnerable to non-consensual sexual activity
    - Misappropriation of another person’s identity on apps, websites, or other venues designed for dating or sexual connections (e.g., spoofing)
    - Forcing a person to take an action against that person’s will by threatening to show, post, or share information, video, audio, or an image that depicts the person’s nudity or sexual activity
    - Knowingly soliciting a minor for sexual activity
    - Engaging in sex trafficking
    - Creation, possession, or dissemination of child pornography
    - Threatening or causing physical harm, extreme verbal, emotional, or psychological abuse, or other conduct which threatens or endangers the health or safety of any person; and,
    - Discrimination, defined as actions that deprive, limit, or deny other members of the community of educational or employment access, benefits, or opportunities.

Key terms defined

The following are key terms defined in Appendix A (glossary) of ATU's Equal Opportunity, Harassment, and Sexual Misconduct Policy and Procedures.

Advisor

Advisor means a person chosen by a party or appointed by ATU to accompany the party to meetings related to the resolution process, to advise the party on that process, and to conduct questioning for the party at the hearing, if any.

Appeal Decision Maker

Appeal Decision Maker means the person or panel who accepts or rejects a submitted appeal request, determines whether an error occurred that substantially affected the investigation or original determination, and directs corrective action, accordingly.

Arkansas Tech University

Arkansas Tech University herein referenced as "ATU".

Complainant

Complainant means an individual who is alleged to be the victim of conduct that could constitute harassment or discrimination based on a protected characteristic or retaliation for engaging in a protected activity.

Confidential Resources

Confidential Resource means an employee who is not mandated to report notice of harassment, discrimination, and/or retaliation (irrespective of Clery Act Campus Security Authority Status).

Day

Day means a business day when ATU is in normal operation.

Decision-Maker

Decision-Maker means the person or panel who hears evidence, determines relevance, and makes the final determination of whether this Policy has been violated and/or assigns sanctions.

Directly Related Evidence

Directly Related Evidence is evidence connected to the complaint, but which is neither inculpatory (tending to prove a violation) nor exculpatory (tending to disprove a violation) and cannot be relied upon by the Decision-Maker(s). Compare to Relevant Evidence, below.

Education Program and Activity

Education program or activity means locations, events, or circumstances where ATU exercises substantial control over both the Respondent and the context in which the harassment, discrimination, and/or retaliation occurs and also includes any building owned or controlled by a student organization that is officially recognized by ATU.

Final Determination

Final Determination is a conclusion by preponderance of the evidence of whether or not the alleged conduct did or did not violate policy.

Finding

Finding is a conclusion by the preponderance of the evidence that the conduct did or did not occur as alleged (as in a “finding of fact”).

Formal Complaint

Formal Complaint means a document submitted or signed by a Complainant or signed by the Title IX Coordinator alleging a Respondent engaged in harassment or discrimination based on a protected characteristic or retaliation for engaging in a protected activity and requesting that ATU investigate the allegation(s).

Formal Grivence Policy

Formal Grievance Process means a method of formal resolution designated by ATU to address conduct that falls within the policies included below, and which complies with the requirements of the Title IX regulations (34 C.F.R. § 106.45) and the Violence Against Women Act § 304.

Grievance Process Pool

Grievance Process Pool includes any Investigator(s), hearing Decision-Makers, Appeal Decision-Maker(s), and Advisors who may perform any or all of these roles (though not at the same time or with respect to the same complaint).

Hearing Decision-Maker Panel

Hearing Decision-Maker Panel refers to those who have decision-making and sanctioning authority within the ATU’s Formal Grievance process.

Informal Resolution

Informal Resolution means a complaint resolution agreed to by the Parties and approved by the Title IX Coordinator that occurs prior to a formal Final Determination being reached.

Investigator

Investigator means the person(s) authorized by ATU to gather facts about an alleged violation of this Policy, assess relevance and credibility, synthesize the evidence, and compile this information into an investigation report of relevant evidence and file of directly related evidence.

Notice

Notice means that an employee, student, or third-party informs the Title IX Coordinator or other Official with Authority of the alleged occurrence of harassing, discriminatory, and/or retaliatory conduct.

Official with Authority (OWA)

Official with Authority (OWA) means an employee of ATU explicitly vested with the authority to institute corrective measures for harassment, discrimination, and/or retaliation on behalf of ATU.

Parties

Parties include the Complainant(s) and Respondent(s), collectively.

Process A

Process A means the Formal Grievance Process used to address qualifying allegations of sexual harassment, sexual assault, dating violence, domestic violence, and stalking involving students,staff, administrator, or faculty members.

Process B

Process B means the administrative resolution procedures detailed in Appendix C that apply only when Process A does not, as determined by the Title IX Coordinator.

Recipient

Recipient means a postsecondary education program that is a recipient of federal funding.

Relevant Evidence

Relevant Evidence is evidence that tends to prove (inculpatory) or disprove (exculpatory) an issue in the complaint.

Remedies

Remedies are post-final determination actions directed to the Complainant and/or the community as mechanisms to address safety, prevent recurrence, and restore access to ATU’s educational program.

Respondent

Respondent means an individual who has been reported to be the perpetrator of conduct that could constitute
harassment or discrimination based on a protected characteristic or retaliation for engaging in a protected
activity under this Policy.

Resolution

Resolution means the result of an Informal Resolution or Formal Grievance Process.

Responsible Employee

Responsible Employee means an employee of ATU who is mandated by policy to share knowledge, notice, and/or reports of harassment, discrimination, and/or retaliation with the Title IX Coordinator.

Sanction

Sanction means a consequence imposed by ATU on a Respondent who is found to have violated this Policy.

Sexual Harassment

Sexual Harassment is the umbrella category including the offenses of sexual harassment, sexual assault, stalking, dating violence, and domestic violence.

Student

Student refers to each person who is currently enrolled, full-time or part-time, in any non-credit or credit courses pursuing undergraduate, graduate, or post-graduate/professional studies. For the purposes of this Policy and under the ATU Student Code of Conduct, a student may also be defined as any individual who is a concurrently enrolled high school student.

Title IX Coordinator

Title IX Coordinator is at least one official designated by ATU to ensure compliance with Title IX and ATU’s Title IX program. References to the Coordinator throughout this Policy may also encompass a designee of the Coordinator for specific tasks.

Title IX Team

Title IX Team refers to the Title IX Coordinator, any deputy coordinators, and any member of the Grievance Process Pool.