Summary of Policy and Procedure

Contact Information for Title IX Officials

Molly Taylor
Title IX Coordinator
Office: Global Missions 2nd Floor
TitleIX@dbu.edu
214-333-5960 (office)
Tempress Asagba
Deputy Title IX Coordinator for Students
Office: Crowley Residence Life Office
TitleIX@dbu.edu
214-333-5340 (office)
Tamy Rogers
Deputy Title IX Coordinator for Employees
Office: Mahler 2nd Floor
TitleIX@dbu.edu
214-333-5158 (office)

Prohibited Conduct under the Sexual Misconduct Policy

DBU’s Sexual Misconduct Policy prohibits the following: 1) Sexual Assault; 2) Sexual Violence; 3) Sexual Harassment; 4) Sexual Discrimination; 5) Domestic or Dating Violence; 6) Stalking; 7) Sexual Exploitation; 8) Sexually Inappropriate Conduct; 9) Retaliation; 10) Inducing Incapacitation for Sexual Purposes; and 11) Other Non-Consensual Sexual Contact.

Scope

This policy governs three major types of sexual misconduct: 1) Cases involving an allegation that falls under Title IX of the Education Amendments of 1972 (“Title IX Cases”); 2) Cases involving an allegation that does not fall under Title IX, but falls within the scope of laws specific to the State of Texas (“Texas Law Cases”); and 3) Cases involving an allegation that falls under the University’s own Code of Conduct or which violate DBU’s Scriptural beliefs about human sexuality (“Institutional Offenses”). These types of cases will be handled in different ways based on the federal, state, and local laws that are applicable to each type of case.

Mandatory Reporting

Maintaining a safe living and learning environment is paramount for the entire campus community. Therefore, all faculty, adjunct faculty, full-time staff members, non-student worker part-time staff members, and student workers employed in Campus Security, Police, or as Resident Assistants (“mandatory reporters”) are required to promptly report suspected sexual misconduct to the Title IX Coordinator. An exception to this mandatory reporting requirement would be for persons designated as Confidential Resources in Section 5 of the policy (e.g., counselors in DBU’s Counseling Center). DBU strongly urges all other members of the DBU community, including students and visitors, to promptly report any allegation of sexual misconduct to the Title IX Coordinator. Key definitions can be found in Appendix A of the Policy.

Title IX Coordinator, ACTS Committee, and Confidential Resources

DBU has named Molly Taylor as the Title IX Coordinator, and she oversees DBU’s centralized response to allegations of sexual misconduct. DBU has also established the Advocates for Campus Trust and Safety Committee (ACTS). This committee serves as our Title IX Committee on campus, and is responsible for educating the campus community about the prevention of sexual assault and responding to and adjudicating allegations of sexual misconduct.

The ACTS Committee members are: 1) Dr. David Cook, Senior Legal Counsel to the President (Chair); 2) Mrs. Molly Taylor, University Title IX Coordinator, Ex-Officio; 3) Christa Powers, University General Counsel, Ex-Officio; 4) Mrs. Tamy Rogers, Deputy Title IX Deputy Coordinator for Employees; 5) Mrs. Tempress Asagba, Deputy Title IX Deputy Coordinator for Students; 6) Dr. Jay Harley, Vice President for Student Affairs; 7) Dr. Norma Hedin, Provost; 8) Dr. Matt Murrah, Vice President for Financial Affairs; 9) Mr. Connor Smith, Director of Athletics; and 10) Dr. Rodney Garrett, Associate Professor of Higher Education.

Complaint Procedure for Sexual Misconduct

There are three ways that reports of sexual misconduct can be made: 1) reporting to Confidential Sources; 2) reporting to Mandatory Reporters; and 3) reporting directly to the Title IX Coordinator or another official listed in below as having authority to institute corrective measures.

On-Campus Confidential Sources Mandatory Reporters Title IX Coordinator and other Officials with Authority to Institute Corrective Measures
 
  • Jordan Davis, LPC (Director of Counseling and Spiritual Care) - 214-333-5288; jordan@dbu.edu
  • On-campus licensed professional counselors and staff at the DBU Counseling Center
  • Confidential Consultants
“Mandatory reporters” include all faculty, adjunct faculty, full-time staff members, non-student worker part-time staff members, and student workers employed in Campus Security, Police, or as Resident Assistants. All University employees listed as mandatory reporters are required to immediately report actual or suspected sexual misconduct to one of the officials with authority to institute corrective measures listed to the right.  
  • Title IX Coordinator (Molly Taylor)
  • Deputy Title IX Coordinators (listed below)
  • VP for Student Affairs (Jay Harley)
  • Provost (Norma Hedin)
  • Dean of Students (Tempress Asagba)
  • Human Resources Director (Tamy Rogers)
  • Senior Legal Counsel to the President (David Cook)

The Contact Information for DBU’s Title IX Coordinator and Deputy Coordinators is below. Reports of sexual misconduct may be made to the Title IX Coordinator or Deputy Title IX Coordinator via email, phone, or in person at the contact information below. Additionally, DBU provides an anonymous reporting portal at www.dbu.edu/title-ix 

Molly Taylor
Title IX Coordinator
Office: Global Missions 2nd Floor
TitleIX@dbu.edu
214-333-5960 (office)
Tempress Asagba
Deputy Title IX Coordinator for Students
Office: Crowley Residence Life Office
TitleIX@dbu.edu
214-333-5340 (office)
Tamy Rogers
Deputy Title IX Coordinator for Employees
Office: Mahler 2nd Floor
TitleIX@dbu.edu
214-333-5158 (office)

Initially, any complaint that is received by an official with authority to institute corrective measures (whether coming directly from the complainant or from a mandatory reporter) will be considered an informal complaint and the Title IX Coordinator or a Deputy Title IX Coordinator will be responsible for meeting with the complainant, alerting the complainant of his/her rights as a complainant, discussing supportive measures the University can provide, providing the appropriate supportive measures, and helping the complainant understand the process for filing a formal complaint if he/she so chooses. The complainant may choose to sign a written formal complaint, but may also choose not to sign a formal complaint. If the complainant chooses not to sign a formal complaint, the University will close the case unless it finds that the allegation involves such a significant risk to the safety of the overall community that it feels it is necessary to initiate formal complaint procedures on its own motion to protect the community at large. 

If a formal complaint is filed, the University provides several important procedural safeguards for the parties, which are in addition to the case-specific supportive measures described in the next paragraph after these bullet points:

  • The University will provide each party the opportunity to meet with a Confidential Consultant, who will be available to pray with the party, assist them in seeking counseling or medical care, assistant them with other needs, provide information about DBU’s policies, provide important information about the hearing and process, and serve as a general guide and consultant for the party. 
  • Second, complainants and respondents may select an advisor of their choice to advise them in these proceedings. This advisor does not have to be, but may be, an attorney. DBU will provide a pool of licensed attorneys from which the parties may select an advisor free of charge if they are unable to obtain an advisor of their own or would prefer to use this pool of attorneys to select an advisor.

The University may also provide other case-specific supportive measures to the parties. Supportive measures (which will be offered to complainants even if they do not file a formal complaint) 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 supportive measures that are appropriate and necessary.

Procedures for Investigating and Adjudicating Reports of Sexual Misconduct

Procedure for Title IX Cases:

  • Investigation: Upon receiving notice from the Title IX Coordinator, the Special Investigator(s) will commence an investigation into the allegations involved. This will involve 1-2 Special Investigators who will thoroughly investigate the issues in the case. 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, as well as collect and analyze evidence about the issues in question.
  • Investigator’s Report: Within a reasonable time, the Special Investigator(s) will complete their investigation and prepare a written report for the ACTS Committee. The parties will see this report prior to the hearing, and may provide a response which will be included as an appendix for the ACTS Committee to see.
  • Hearing: At the hearing stage, a team of 3-5 ACTS Committee members will convene to adjudicate the case. Hearings will be held in-person unless extenuating circumstances necessitate a virtual hearing take place or other factors weigh in favor of utilizing a virtual hearing environment. Hearing procedures will be outlined more fully in the Hearing and Evidence Manual. In general, both parties will be given the opportunity to make an opening statement and their advisors will be given the opportunity to present witnesses and cross-examine all opposing parties or witnesses (though the parties must be in separate rooms during cross-examination). Hearing Panel members will also be given the opportunity to ask questions of all witnesses. Certain rape-shield protections are in place to protect alleged victims from having to answer questions relating to their prior sexual history, with some narrow exceptions. At the conclusion of the hearing, the Hearing Panel will deliberate and make a ruling as to whether, under a clear and convincing evidence standard, the respondent violated this policy. If a violation is deemed to have occurred, the ACTS Committee will also issue appropriate remedies and sanctions against the respondent.
  • Remedies/Sanctions: Remedies and sanctions will be determined based on the seriousness of the misconduct and the responsible respondent’s prior disciplinary history. Possible remedies and 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 remedies and 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 remedies and sanctions for students, faculty, or staff, as appropriate.
  • Appeals: Within ten (10) days of the issuance of the written determination, either party may request an appeal in writing to the Title IX Coordinator based on one or more of the following reasons: a) procedural irregularity; b) new evidence exists which was not available at the hearing; or c) conflict of interest/bias. Additionally, the President of the University, who may choose to consult with the Special Adjudicator, will review the written ruling and the proceedings of the ACTS Committee. In the President’s discretion 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. In making a ruling and issuing remedies and 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/her own ruling or sanctions.

Procedure for Texas Law Cases:

  • The procedure for Texas Law Cases closely mirrors the procedures which will be used in Title IX Cases, with a few exceptions primarily relating to the hearing. In general at the hearing, both parties will be given the opportunity to make an opening statement and present witnesses. Hearing Panel members will be given the opportunity to ask questions of all witnesses. A party’s Advisor may be present at hearings, but may not participate. Each party may submit a list of potential cross-examination questions prior to the hearing, and if approved as being relevant and not in violation of the Hearing and Evidence Manual rules, the Senior Legal Counsel to the President will ask these questions to the person for whom the questions were meant.
  • The procedures used for the Investigation, the Remedies/Sanctions available, the Standard of Proof, and Appeals procedures will all be the same as those outlined above for Title IX Cases.

Procedure for Institutional Offenses:

  • The University will handle Institutional offenses according to complaint and grievance procedures contained in the Employee Handbook or Student Handbook, whichever applicable, unless the case falls within the discretionary decision outlined below.
  • In certain sexual misconduct cases involving sexual assault, sexual violence, sexual harassment, sexual discrimination, domestic or dating violence, stalking, sexual exploitation, and other sexual misconduct which do not meet the geographic or other requirements to be handled as Title IX cases or Texas Law Cases, but in which the nexus to DBU’s campus or one of its educational activities or some other compelling reason weighs in favor of DBU protecting its faculty, staff, students, and visitors by exercising jurisdiction over the case, the University may make a decision to utilize either the higher procedures for Title IX Cases or Texas Law Cases.

Optional Informal Resolution Process (some cases):

  • If an informal resolution process is available, the parties will be given the option to choose this informal resolution process to resolve the issues in the case rather than using the procedures for Title IX Cases or Texas Law Cases. Both parties must consent to using this informal resolution process for it to be available. Likewise, this informal resolution process is not available where the allegations in the case involve any of the following: 1) Non-Consensual Sexual Penetration (as defined under the definition of “Sexual Violence” in Appendix A); 2) Domestic or Dating Violence; 3) allegations that an employee committed sexual harassment, sexual assault, dating/domestic violence, or stalking against a student; or 4) other situations in which this would be inappropriate (as defined fully in Section 5 of the full policy). This informal resolution process will be detailed more fully in the Informal Resolution Process Manual that will be provided to the parties, but would encompass a mediation-style setting where the parties are put into separate rooms and a facilitator goes back and forth between the rooms to determine if a settlement can be reached.

Additional Policies and Procedures Applicable to Sexual Misconduct Complaints:

  • Retaliation Prohibited: As per Title IX regulations, no person shall intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by Title IX or its implementing regulations, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under Title IX and its implementing regulations.
  • Amnesty: In order to encourage reports of conduct prohibited under this policy, an individual who, in good faith, reports being the victim of, or witness to sexual harassment, sexual assault, dating or domestic violence, or stalking, or who assists in the investigation of a report, will be entitled to amnesty from disciplinary actions by the University relating to code of conduct violations that occurred as a part of the incident in question or which were reasonably related to the incident. DBU reserves the right to investigate whether a report was made in good faith before granting amnesty. Additionally, amnesty does not apply to the reporting individual’s own acts, if any, of sexual misconduct.
  • Presumptions: All respondents in cases under this policy are presumed not responsible for a violation of this policy until they are proven responsible. In proving this responsibility, under Title IX regulations, the University will bear the burden of gathering evidence and proving responsibility. In assessing whether a respondent is responsible, the University will use the clear and convincing evidence standard. There will be no presumptions of credibility or bias given for any party or witness; each party or witness’s credibility will be objectively judged and weighed, and each party will be objectively treated with respect and without bias.
  • Training and Prevention: DBU considers education and prevention to be an important component of the Title IX Coordinator’s and the ACTS Committee’s roles on campus. Therefore, we annually train faculty, staff, and students about issues concerning sexual assault, sexual violence, harassment, and other sexual misconduct through a variety of mediums, including in classes, Residence Hall meetings, Student Athlete meetings, Faculty Workshops, New Faculty/Staff Orientation, and a variety of other mediums.