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6. Procedures for Formal Complaints of Sexual Assault, Sexual Violence, and Other Severe Allegations of Sexual Misconduct 

Title IX Complaint Procedures

DBU Policies Relating to Sexual Misconduct Issues

In General

As outlined more fully in Section 5, any allegation of sexual misconduct may be made directly to the Title IX Coordinator or Deputy Title IX Coordinator via email, phone, or in person at the contact information below:

Tamy Rogers
Title IX Coordinator
Dallas Baptist University
3000 Mountain Creek Parkway
Dallas, Texas 75211
Office: Mahler 2nd Floor
This email address is being protected from spambots. You need JavaScript enabled to view it.
214-333-5158 (office)
www.dbu.edu/title-ix 

Kelly Anderson
Deputy Title IX Coordinator for Students
Dallas Baptist University
3000 Mountain Creek Parkway
Dallas, Texas 75211
Office: Crowley Residence Life Office
This email address is being protected from spambots. You need JavaScript enabled to view it.
214-333-5433 (office)
www.dbu.edu/title-ix 

The University is committed to providing a robust and sound procedure for investigating and ruling on serious allegations of violations of this policy. Thus, the weighty procedures outlined in this Section are specifically meant for cases involving serious issues of sexual assault, sexual violence, and other severe allegations of sexual misconduct. 

The procedures outlined in this Section will be used in: a) all cases where an allegation of sexual assault or sexual violence has been made and b) in other cases where the Title IX Coordinator, in consultation with the Vice President for Student Affairs (if the allegation is against a student) or the Vice President for Executive Affairs (if the allegation is against a faculty or staff member), deems the allegation to be severe and more than a minor incident. 

Proceedings under this policy are separate and distinct from Texas’ criminal process. These proceedings may be carried out prior to, simultaneously with, or following civil or criminal proceedings off campus. Neither a decision by law enforcement regarding prosecution nor the outcome of any criminal proceeding will be considered determinative of whether a violation of this policy has occurred. 

Initial Actions

Upon receiving a formal complaint of sexual assault, sexual violence, or other severe allegations of sexual misconduct, the Title IX Coordinator will, within 48 hours: a) contact the complainant and respondent to alert them of the allegation and of the Victim Advocate and Advisor for Respondents that are available to them as Confidential Resources; b) alert the Victim Advocate and Advisor for Respondents and ask them to contact the complainant and respondent to offer their services; and c) alert the ACTS Committee, Legal Affairs Office, and the University President of the formal complaint.

Thereafter, the Title IX Coordinator will work with the Vice President for Student Affairs and Dean of Students (if the allegation involves students), the Provost (if the allegation involves faculty), or the Vice President for Executive Affairs (if the allegation involves staff) to take appropriate interim measures to help ensure the safety and security of all parties involved in the allegation. Such interim measures may include, but will not be limited to, a no-contact order, revision of academic schedule or accommodations regarding exams/assignments, change in housing arrangements, a change in work schedule/job assignment, removal from campus, or other interim measures that the Title IX Coordinator and Vice President for Student Affairs, Dean of Students, Provost, and/or Vice President for Executive Affairs believe will provide appropriate protection and support for the parties involved. 

Investigation and Assessment

In all cases involving formal complaints, the Special Investigators will commence an investigation into the allegations. During this investigation process, the investigators will attempt to interview both the complainant and respondent and any witnesses who may have information about the incident(s) in question. Likewise, the investigators will review evidence submitted by either party, the Title IX Coordinator, or other persons involved in gathering evidence relating to the allegation. Each party may select an advisor of his/her choice who may accompany them to any meeting or related proceeding, but the advisor will not participate in such meeting or proceeding.

Typically no later than 30 days from the date on which a formal complaint is made, the investigators will complete their investigation and prepare a written report for the ACTS Committee. If additional time is needed, both parties will be notified. Although cooperation with law enforcement may require DBU to suspend the fact-finding portion of a Title IX investigation temporarily, the Special Investigators will promptly resume their investigation as soon as they are notified by the law enforcement agency that the agency has completed the evidence gathering process. The Special Investigators will not, however, wait for the conclusion of a criminal proceeding to begin their own investigation, and will proceed with diligence to investigate the matter within the original 30 day time period, if possible.

Upon the conclusion of the investigation and the drafting of the written report, the Special Investigators will provide a copy of the written report to the Title IX Coordinator, who will distribute the report to the members of the ACTS Committee and to the complainant and respondent.

Hearing

As soon as possible after the Special Investigators’ Written Report is received, the ACTS Committee will schedule a formal hearing. Both the complainant and respondent will be given written notice at least three (3) business days before the hearing of the date, time, and location of the hearing.

In certain instances, it may be necessary for an ACTS Committee member to recuse themselves from the hearing if the committee member has oversight of or a strong personal or business relationship with either the complainant or respondent which would create a conflict of interest. For example, if either the complainant or respondent was a member of one of the University’s athletic teams and the Director of Athletics was then serving on the ACTS Committee, it would be necessary for the Director of Athletics to recuse himself/herself from the hearing because of the potential for a conflict of interest.

At the hearing, both the complainant and respondent will have the opportunity to make a statement, provide additional evidence, or present additional witnesses. The committee will also consider the evidence and assessment of the Special Investigators as outlined in their written report. At the conclusion of the hearing, the ACTS Committee will deliberate and make a ruling as to whether, under a preponderance of the evidence standard, the respondent violated this policy. If a violation is deemed to have occurred, the ACTS Committee will also issue appropriate sanctions against the respondent. 

Sanctions will be determined based on the seriousness of the misconduct and the responsible respondent’s prior disciplinary history. Possible sanctions for students may include, but will not be limited to, a formal admonition, restrictions from extracurricular activities, dismissal from residence halls/apartments, move to online classes, removal or reduction of institutional scholarships, disciplinary probation, suspension, expulsion, or withholding of degree. Possible sanctions for faculty/staff may include, but will not be limited to, a verbal/written warning, demotion, reassignment, probation, suspension, or termination.  Community service, mandatory counseling/training, or other measures may be added to these sanctions for students, faculty, or staff, as appropriate.

After making these rulings, the Title IX Coordinator will, within five (5) business days, prepare a written ruling containing findings of fact, findings of responsibility, and the rationale (if applicable) of any sanctions. This written ruling will be given to the complainant, respondent, President of the University, and Special Adjudicator.

The investigation and hearing procedures will be completed within 60 calendar days unless extenuating circumstances require additional time. If additional time is needed, both parties will be notified, and the ACTS Committee will endeavor to complete the investigation and hearing in as short a time as possible under the circumstances.

Appeal

Within ten (10) days of the issuance of the written ruling, either party may request an appeal in writing to the Title IX Coordinator. Additionally, the President of the University, in consultation with the Special Adjudicator, will review the written ruling and the proceedings of the ACTS Committee. In the President’s discretion, after consultation with the Special Adjudicator, the President may also institute an appeal.

The Special Adjudicator will handle all appellate proceedings utilizing the previous reports and evidence, but also allowing the parties to bring additional evidence, witnesses, and testimony. The Special Adjudicator may also, on his own motion, request any documents, witnesses, or additional evidence that he/she deems necessary for the fair adjudication of the matter.

Both the complainant and respondent will be given written notice at least three (3) business days before the hearing of the date, time, and location of the appeals hearing. Using a preponderance of the evidence standard, the Special Adjudicator will, after hearing all evidence, make a ruling as to whether a violation of this policy occurred and, if applicable, issue sanctions. In making this ruling and issuing sanctions, the Special Adjudicator may sustain the ruling and/or sanctions set forth by the ACTS Committee, but will also have the discretion to overturn such ruling and/or sanctions and issue his own ruling or sanctions. 

After making these rulings, the Special Adjudicator will, within five (5) business days, prepare a written ruling containing findings of fact, findings of responsibility, and the rationale (if applicable) of any sanctions. This written ruling will be given to the complainant, respondent, Title IX Coordinator, ACTS Committee Members, and the President of the University. This ruling and the accompanying sanctions, if applicable, will be final and will not be appealable.

Reporting

The President of the University may provide the DBU Board of Trustees with a report on any proceedings involving a formal complaint as outlined in this Section. This report will be kept strictly confidential by all Board members and is meant to give the Board broad oversight of the University’s Title IX procedures so that the Board can ensure that this policy and the accompanying procedures are handled in a way that promotes a safe and Christ-like atmosphere within the University community.

Certain university administrators are informed of the outcome within the bounds of student/faculty/staff privacy (e.g., Vice President for Student Affairs, Dean of Students, Provost, Chief of Police, Vice President for Administrative Affairs, Legal Affairs Office, and other personnel that have a material need to know about the incident). In some instances, the President also may choose to make a brief public announcement of the nature of the violation and the action taken, without using the name or identifiable information of the parties. The institution also must statistically report the occurrence on campus of major violent crimes, including certain sex offenses, in an “Annual Security and Fire Safety Report” of campus crime statistics. This statistical report does not include personally identifiable information.

If the Dallas Baptist University Police Department (DBU-PD) or its administrative supervisor within the DBU administration becomes aware of a serious and continuing threat to the campus community, a timely notification to protect the health or safety of the community will be issued. DBU-PD may also be required to disclose a reported incident of sexual misconduct in the daily crime log, annual security and fire safety report, or as otherwise required under state or federal law. In addition, DBU may also share non-identifying information, including data about outcomes and penalties, in aggregate form. At no time will DBU release the name or other personally identifiable information of the complainant to the general public without the prior written consent of the complainant or as otherwise permitted or required by law. 

7. Procedures in Sexual Assault or Sexual Violence cases where the Complainant does not File a Formal Complaint or Wishes to Remain Anonymous

If the complainant alleges sexual assault or sexual violence but does not wish to pursue a formal hearing and/or requests that his or her complaint remain anonymous, Title IX nevertheless requires the University to investigate and take reasonable action in response to the complainant’s request. The Title IX Coordinator will inform the complainant that the University’s ability to respond may be limited if the complainant is not a participant in the investigation. In such cases, Title IX requires the University to evaluate the complainant’s request that the complaint not be subject to a formal hearing or remain anonymous in the context of the University’s commitment to provide a reasonably safe and non-discriminatory environment for all students. 

In order to protect the safety of the campus community, the Title IX Coordinator may investigate allegations of violations of this policy even absent the filing of a formal complaint or report, or if a complaint or report has been withdrawn. After reviewing the alleged incident(s), the Title IX Coordinator will set a meeting of the ACTS Committee to determine if the allegation involves such a significant risk to the safety of the overall community that the Committee feels it is necessary to initiate formal complaint procedures on its own motion to protect the community at large. This risk to the campus community will be especially present in cases indicating pattern, predation, threat, weapons, and/or violence.

If the Committee decides that the allegation involves such a significant risk to the safety of the overall community that the Committee feels it is necessary to initiate formal complaint procedures on its own motion, then it will institute the formal complaint procedures outlined in Section 6 of this policy. If the Committee decides that the allegation does not involve a significant risk to the safety of the overall community, it may choose to close the case. If the Committee chooses to close the case, the President of the University, in consultation with the Special Adjudicator, will still review this allegation and the Committee’s decision. If the President, in consultation with the Special Adjudicator, believes a formal complaint procedure is necessary to protect the community at large, he may, on his own motion, institute the formal complaint procedures outlined in Section 6 of this policy.  

8. Procedures for Allegations of Sexual Harassment, Sex Discrimination, and other Prohibited Sexual Misconduct that does not fall under the category of Sexual Assault or Sexual Violence

As outlined more fully in Section 5, any allegation of sexual misconduct may be made directly to the Title IX Coordinator or Deputy Title IX Coordinator via email, phone, or in person at the contact information below:

Tamy Rogers
Title IX Coordinator
Dallas Baptist University
3000 Mountain Creek Parkway
Dallas, Texas 75211
Office: Mahler 2nd Floor
This email address is being protected from spambots. You need JavaScript enabled to view it.
214-333-5158 (office)
www.dbu.edu/title-ix 

Kelly Anderson
Deputy Title IX Coordinator for Students
Dallas Baptist University
3000 Mountain Creek Parkway
Dallas, Texas 75211
Office: Crowley Residence Life Office
This email address is being protected from spambots. You need JavaScript enabled to view it.
214-333-5433 (office)
www.dbu.edu/title-ix 

All allegations of sexual misconduct will be taken seriously by the University. While not all cases involve potential criminal acts such as sexual assault, sexual violence, or other severe sexual misconduct, every allegation of any form of sexual misconduct will be treated with the utmost respect. This section highlights how allegations of prohibited conduct other than sexual assault, sexual violence, or other severe sexual misconduct will be handled.

In cases where the allegation does not involve sexual assault or sexual violence, but instead involves an allegation of sexual harassment, sex discrimination, or other prohibited conduct under this policy, the Title IX Coordinator will consult either the Vice President for Student Affairs (if the allegation is against a student) or the Vice President for Executive Affairs (if the allegation is against a faculty or staff member). They will assess the potential threat involved, whether the allegation is of a recurring or isolated nature, the harm involved, and other important factors to determine whether the allegation is so severe that it would best be handled using the high-level procedures outlined in Section 6, or whether the allegation would best be handled under the procedures outlined in this Section 8.

If the Title IX Coordinator, in consultation with the Vice President for Student Affairs or Vice President for Executive Affairs, as appropriate, believes the allegation would best be handled under the procedures in this Section, then the case would go to either the Vice President for Student Affairs (for student allegations) or the Vice President for Executive Affairs (for faculty/staff allegations) for investigation and adjudication. 

The Vice President for Student Affairs or Vice President for Executive Affairs will first determine if interim measures are necessary to protect the parties. Such interim measures may include, but will not be limited to, a no-contact order, revision of academic schedule or accommodations regarding exams/assignments, change in housing arrangements, a change in work schedule/job assignment, removal from campus, or other interim measures. Likewise,  campus personnel that need to know about these interim measures (e.g., the parties’ supervisors and Vice President, Resident Assistants, or others who would need to enact the interim measures) will be notified so that they can help enact these protective measures.

After assessing the need for interim measures, the Vice President for Student Affairs or Vice President for Executive Affairs will then perform a thorough investigation into the matter. During this investigation process, the investigators will attempt to interview both the complainant and respondent and any witnesses who may have information about the incident(s) in question. Likewise, the investigators will review evidence submitted by either party, the Title IX Coordinator, or other persons involved in gathering evidence relating to the allegation.

The Vice President for Student Affairs or Vice President for Executive Affairs will then, using a preponderance of the evidence standard, make a ruling that will include appropriate sanctions, if applicable. Sanctions will be determined based on the seriousness of the misconduct and the responsible respondent’s prior disciplinary history. Possible sanctions for students may include, but will not be limited to, a formal admonition, restrictions from extracurricular activities, dismissal from residence halls/apartments, move to online classes, removal or reduction of institutional scholarships, disciplinary probation, suspension, expulsion, or withholding of degree. Possible sanctions for faculty/staff may include, but will not be limited to, a verbal/written warning, demotion, reassignment, probation, suspension, or termination.  Community service, mandatory counseling/training, or other measures may be added to these sanctions for students, faculty, or staff, as appropriate.

The Vice President for Student Affairs or Vice President for Executive Affairs will then prepare a written ruling that will be given to the Title IX Coordinator, who will distribute the report to the complainant, respondent, and the President of the University. Any of those parties may appeal this ruling in writing to the Title IX Coordinator within ten (10) days, and such appeal will be handled by the ACTS Committee using the procedures outlined in Section 6.

star icon Resources

Title IX Office:
214‑333‑5433
titleIX@dbu.edu

Campus Police and Security:
214‑333‑5555
police@dbu.edu

Health Services:
214‑333‑5151
healthservices@dbu.edu

Counseling Center:
214‑333‑5288
counselingcenter@dbu.edu

Office of Student Affairs:
214‑333‑5101
studentaffairs@dbu.edu

Apartment Life:
214‑333‑2787
apts@dbu.edu

Residence Life:
214‑333‑5455
reslife@dbu.edu

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