Frequently Asked Questions

These FAQs are intended to respond to questions about the University's policies and procedures regarding Title IX and sex discrimination. For additional information, please visit UM System's Title IX FAQ's. 

Click here for definitions of key terms. 

 

 


 

Who is protected under Title IX?

All University of Missouri students, employees (faculty and staff), volunteers and visitors are protected under Title IX.

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What conduct is prohibited by Title IX?

Title IX prohibits discrimination on the basis of sex or gender. Prohibited conduct includes sexual misconduct, sexual harassment, sex or gender discrimination, stalking on the basis of sex, dating/intimate partner violence, and sexual exploitation. 

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What is consent and why does it matter?

Consent to sexual activity is informed, mutually understood, and voluntary. Someone who is incapacitated cannot consent.  Silence or absence of resistance does not establish consent.  Consent to one form of sexual activity does not imply consent to other forms of sexual activity.  Consent to engage in sexual activity with one person does not imply consent to engage in sexual activity with another.  Consent must be obtained at the time of the specific activity and can be withdrawn at any time.  Lack of consent or withdrawal of consent may be communicated by words or non-verbal acts.  Coercion and force, or threat of either, invalidates consent.

In certain situations, a person does not have the capacity to agree to participate in consensual sex. Examples include individuals who are under the age of consent (17 in Missouri), incapacitated due to alcohol or drug consumption, developmentally disabled, mentally/physically unable to consent, etc. 

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Why does incapacitation matter?

Sexual contact with someone one knows to be or should know to be incapacitated is a violation of policy.  An individual who is incapacitated lacks the capacity to give knowing consent.  Incapacitation can be due to the use of drugs or alcohol, when a person is asleep or unconscious, or because of an intellectual or other disability that prevents the individual from having the capacity to give consent. It is important to remember that incapacitation is an extreme form of intoxication. Incapacitation negates consent, therefore anyone engaging in sexual contact with an incapacitated person is in violation of university policy.

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Protections and Procedures

What are my rights as a Complaintant?

All parties involved will be treated equitably. The complainant has a right:

  • To be treated with respect by University officials
  • Access to campus support resources (such as counseling and mental health services and University health services)
  • To have an Advisor of their choice attend all interviews, meetings and proceedings throughout the Equity Resolution Process
  • To refuse to have an allegation resolved through Conflict Resolution, the Informal Resolution Process (for students) or the Administrative Resolution Process (for faculty)
  • An equal opportunity, or chance to present a list of potential witnesses and provide evidence
  • To be free from retaliation
  • To have complaints heard in a manner that is substantially the same as the process outlined within the UM System Equal Employment/Educational Opportunity Policy
  • Where the Complainant is not the person who reported the incident, the Complainant has full rights to participation in any Equity Resolution Process
  • To be informed of the finding, rationale and sanction (if applicable) of the complaint in writing.
  • To report the matter to law enforcement (if applicable) and to have assistance in making a report to law enforcement
  • Equal opportunity to appeal the findings and sanction

 For additional rights for students, staff, and faculty, vist Rights & Responsibilities. 

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What are my rights if I have been accused?

All parties involved will be treated equitably. The Accused has a right:

  • To be treated with respect by University officials
  • To access to campus support resources (such as counseling and mental health services and University health services), unless suspended from campus pending the completion of the process
  • To have an Advisor of their choice attend all meetings and proceedings throughout the Equity Resolution Process
  • To refuse to have an allegation resolved through Conflict Resolution procedures, the Informal Resolution Process (for students) or the Administrative Resolution Process (for faculty)
  • An equal opportunity, or chance to present a list of potential witnesses and provide evidence
  • To receive notice of the policies that the Accused has been charged with violating
  • To have complaints heard in a manner that is substantially the same as the process outlined within the UM System Equal Employment/Educational Opportunity Policy
  • To be informed of the finding, rationale and sanction of the complaint in writing
  • Equal opportunity to appeal the findings and sanction

 For additional rights for students, staff, and faculty, vist Rights & Responsibilities.

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What safety measures and accommodations are available when an incident is reported?

Measures provided are made on a case-by-case basis as decided upon by the Title IX Coordinator and/or other authorized administrators. When a report is made, the University work with the complainant to put interim measures in place to ensure a safe, hostile free environment. Following an investigation and a determination that conduct prohibited by Title IX occurred, more permanent accommodations and safety measures may be implemented. Options include but are not limited to:

  • Referral and access to counseling, medical services, mental health services and/or victim advocacy and support services either on and/or off-campus
  • Implementing contact limitations on the Accused or on all parties
  • Course, schedule, or work rearrangment 
  • Altering the on-campus housing assignments, dining arrangements, or other campus services for either the Complainant and/or the Accused
  • Altering the extracurricular activities of either the Complainant and/or the Accused
  • Providing transportation and/or escort accommodations
  • Informing of the right to notify law enforcement authorities of the alleged incident and offering to help facilitate such a report
  • Suspending, on an interim basis, the Accused from the University campus/facilities/events and/or all other University activities or privileges for which the Accused might otherwise be eligible, when the Appropriate Administrative Officer or designee finds and believes from the available information that the presence of the Accused on campus would seriously disrupt the University or constitute a danger to the health, safety, or welfare of members of the University community.

For a more comprehensive list, visit visit UM System's Title IX FAQ's. 

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What if the impacted individual requests confidentiality?

Only persons who, by law, have special professional status are exempt from mandated reporting of a Title IX violation. This group only consists of professional counselors, medical providers and associated staff. These persons do not report information. A second group of persons, designated non-professional counselors and advocates, provide non-identifiable, monthly, aggregate reports to the university, and are specifically designated by university policy.

After reporting an incident to the Title IX Coordinator, that person will contact you and request consent to proceed to an investigation. If you do not give consent for an investigation, the University will weigh the request for confidentiality in determining whether to proceed to an investigation. In some instances, to protect the safety of the campus community, an investigation may still go forward; in other instances it may not.

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If an incident occurs off campus, can the University investigate?

The University may take appropriate action, including, but not limited to, the imposition of sanctions under Section 200.025 for students, Section 600.040 for faculty, and Section 600.050 for staff of the Collected Rules and Regulations against the individual for conduct occurring in off-campus settings in order to protect the physical safety of students, faculty, staff, and visitors or if there are effects of the conduct that interfere with or limit an individual’s ability to participate in or benefit from the University’s educational programs, activities or employment.

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If an incident occurred at a party and I was drinking or taking drugs, will I get in trouble?

In order to foster reporting and participation, the University may provide amnesty from disciplinary action to Complainants and witnesses for minor student conduct violations ancillary to the incident.

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Responsibilities and Personnel

Who can I contact if I have witnessed, experienced, or been accused of a Title IX offense?

If you are in immediate danger, please call 911.

All members of the university community as well as visitors and third parties can report incidents to the campus Title IX Coordinator who will help guide you to other contacts, including the police if you wish to file a police report. Besides reporting, we encourage you to seek any resources you might need, including counseling and health services.

The Title IX Coordinator or Deputy Coordinator and the Title IX Investigator will be in contact with the Accused and can help guide them through the process, which includes access to an advisor of the Accused’s choice. 

For a list of Missouri S&T's Title IX contacts, visit Contacts & Resources

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Who can an individual contact if they want information to remain confidential?

If you need confidential support, help or information regarding sex discrimination, including sexual misconduct and sexual harassment, you may contact an employee with a legal privilege of confidentiality or a confidential reporter on campus. Employees with a legal privilege of confidentiality include health care providers, counselors, lawyers, and their associated staff. Confidential reporters on the campuses are listed below:

The following employees serve as confidential resources that are not considered mandated reporters due to their legal obligation and privilege of confidentiality. These individuals are not required to report when information is learned in the course of a confidential communication. 

Located in Counseling, Disability Support and Student Wellness

Patti J. Fleck, Ph.D. 
Gene Gianladis, Ph.D.
Stephanie Martensen, M.Ed.
Diane Stutts, MA

Located in Student Health Services:

Dr. Dennis Goodman, D.O.
Laurie Sewell, MMS PA-C
Jeanne Bowe, RN, BSN, ONC
Tenise Ertl, LPN
Shana Brumble, LPN

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Reporting

Am I a Mandated Reporter? 

Any employee of the University who becomes aware of sex discrimination as defined in the Sex Discrimination, Sexual Harassment and Sexual Misconduct in Education/Employment Policy (including sexual harassment, sexual misconduct, stalking on the basis of sex, dating/intimate partner violence or sexual exploitation) is a Mandated Reporter, regardless of whether the recipient of the behavior is a student, employee, volunteer or visitor of the University.

A Mandated Reporter is required to promptly report the information to the appropriate Title IX Coordinator. The Mandated Report must be made regardless of whether the person reporting the information to the Mandated Reporter requests confidentiality and regardless of how the Mandated Reporter becomes aware of the offensive behavior (personal observation, direct information from the subject of the behavior, indirect information from a third party, etc.). If the Complainant requests confidentiality or that the charges not be pursued, the Mandated Reporter should warn the Complainant that, at this stage in the process, the Mandated Reporter must report all known information to the Title IX Coordinator.

Mandated Reporters must report all details that they possess. This includes names of the parties, if known, and all other information in the Mandated Reporter’s possession. 

Only persons who, by law, have special professional status are exempt from mandated reporting of a Title IX violation. This group only consists of professional counselors, medical providers and associated staff. These persons do not report information. A second group of persons, designated non-professional counselors and advocates, provide non-identifiable, monthly, aggregate reports to the university, and are specifically designated by university policy.

Failure to comply with this policy can result in disciplinary action.  Employees also are cautioned that non-compliance with this policy may increase their risk of personal liability.  Further, an individual who fails to report as required under this policy may be determined to be ineligible for defense or protection under Section 490.010 of the Collected Rules and Regulations for any associated claims, causes of action, liabilities or damages.

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What happens when I report a Title IX complaint?

Once a report is submitted, and depending on the detail of the information provided, the university will take reasonable steps to investigate the matter, stop the harassment, prevent its recurrence and remedy its effects.

Missouri S&T strives to provide all impacted parties with the support they need, including medical care, counseling and advocacy as well as steps to ensure that students, faculty, staff and visitors are safe and not subject to further harassment or retaliation.

There is an administrative process to address complaints of discrimination based on sex or gender, which is prompt, equitable, impartial and thorough.  The details of the complaint are discussed between the Complainant and an initial interviewer. A course of action will ensue based on the information gathered during the interview.

Every Complainant has the right to present the complaint and the right to an impartial investigation of that complaint.  Further, individuals have the right to present witnesses and other evidence.  The Complainant and Accused, as well as any witnesses, will be interviewed.

A decision will be rendered on whether there is sufficient evidence of a violation of policies and what disciplinary action will be taken, if any. Both parties will be notified of action taken.

In addition to your right to file a Title IX complaint, you have the right to file a complaint with local law enforcement if you believe a crime has occurred.

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How do I file a complaint?

There are several resources available that include confidential reporting as well as reporting that will lead to either a University investigation or a criminal investigation. Click here to file a report. 

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Are there penalties for making false accusations?

False reporting is a serious offense subject to appropriate disciplinary action ranging from probation up to and including expulsion or termination.

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Reviewed August 31, 2015.