{"id":18,"date":"2017-06-29T15:37:48","date_gmt":"2017-06-29T15:37:48","guid":{"rendered":"https:\/\/www.jsums.edu\/titleix\/?page_id=18"},"modified":"2023-09-18T22:33:47","modified_gmt":"2023-09-18T22:33:47","slug":"jsutitleix","status":"publish","type":"page","link":"https:\/\/www.jsums.edu\/titleix\/","title":{"rendered":"Home"},"content":{"rendered":"<p><strong>What is Title IX?<\/strong><\/p>\n<p>Title IX of the Education Amendments of 1972 is a federal civil rights law that prohibits discrimination on the basis of sex in any education program or activity that receives federal funding. Title IX is used as a means to address and end sexual violence on schools and college campuses. Under Title IX, discrimination on the basis of sex can include sexual harassment, rape, and sexual assault.<\/p>\n<p><strong>Title IX States<\/strong><\/p>\n<p>&#8220;No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.&#8221;<\/p>\n<p><strong>JSU Title IX Policy:<\/strong><\/p>\n<p><span style=\"color: #3366ff;\"><a style=\"color: #3366ff;\" href=\"https:\/\/www.jsums.edu\/titleix\/files\/2019\/06\/Title_IX_Policy.pdf\"><strong>Interpersonal Violence and Sexual Misconduct Policy<\/strong><\/a><\/span><\/p>\n<p>&nbsp;<\/p>\n<p><strong>What Can I Do? Whom Do I Call?<\/strong><\/p>\n<p>The Title IX Coordinator ensures that Jackson State University establishes and follows a prompt, thorough, and equitable process for addressing allegations of\u00a0sexual\u00a0harassment,\u00a0sexual\u00a0assault, and discrimination or differential treatment based on sex.<\/p>\n<p>You may contact the Title IX Office to file a Title IX complaint or report a Title IX Violation. We encourage students and campus members to call with questions or concerns regarding this process. With respect to specific cases, the Title IX Coordinator will work with the appropriate offices to provide academic and residential accommodations as well as no-contact orders.\u00a0 To report an incident and\/or file a Title IX complaint, please click the link below:<\/p>\n<p><strong><span style=\"color: #3366ff;\"><a style=\"color: #3366ff;\" href=\"https:\/\/report.myredflag.com\/reporter\/login\/school\/jsu\">Report an incident<\/a><\/span><\/strong><\/p>\n<p>&nbsp;<\/p>\n<p><strong><u>Title IX Coordinator<\/u><\/strong><\/p>\n<p>LaShundra Jackson-Winters<\/p>\n<p>Associate General Counsel\/Title IX Coordinator<\/p>\n<p>Title IX Office:\u00a08th floor &#8211; Administration Tower<\/p>\n<p>Phone:\u00a0(601) 979-1315<\/p>\n<p>TitleIX@jsums.edu<\/p>\n<p>&nbsp;<\/p>\n<p><strong><u>Title IX Investigator<\/u><\/strong><\/p>\n<p>(vacant)<\/p>\n<p>Title IX Office:\u00a08th floor &#8211; Administration Tower<\/p>\n<p>Phone:\u00a0(601) 979-1315<\/p>\n<p>TitleIX@jsums.edu<\/p>\n<p>&nbsp;<\/p>\n<p><strong><u>You Are Encouraged to Get a Medical Exam.<\/u><\/strong><\/p>\n<p>You or whomever you are seeking assistance from can call the victim\u2019s advocate. The advocate will meet you at the hospital and stay for the duration. She will provide assistance and advocacy if you wish. You need to have the exam performed within 72 hours of the\u00a0assault; an exam can take up to four or more hours.\u00a0 The Health Center can also test for \u201cdate-rape\u201d drugs if you do not want to go to the hospital.<\/p>\n<p>Jackson State University Health Center\u00a0 \u00a0601-979-2260<\/p>\n<p>&nbsp;<\/p>\n<p><strong><u>You Can File an External Complaint with the Jackson Police Department<\/u><\/strong><\/p>\n<p>Jackson Police \u00a0 Emergency \u00a0911 \u00a0 \u00a0Non-Emergency:\u00a0 601-960-1234<\/p>\n<p><u>You Can Call JSU Public Safety Department<\/u><\/p>\n<p>Public Safety officers are mandated reporters. They must report all relevant details of the incident, including names of those involved to the Title IX coordinator and other campus officials who may need to be informed. If you do not want your name or the name of the offender reported you have other options. If the University determines that there is a serious or ongoing risk to the campus community, a timely warning will be issued to the campus. You can file an anonymous report or speak to a fully or semi-confidential person.<\/p>\n<p>Department of Public Safety \u00a0601-979-2580<\/p>\n<p><u>You Can Disclose in Full Confidence<\/u><\/p>\n<p>The Applied Psychological Services Clinic and the Latasha Norman Counseling Center staff have privileged communication under the law. They will keep your information and name confidential unless it is determined that you and\/or the campus are in imminent danger. If the University determines that there is a serious or ongoing risk to the campus community, a timely warning will be issued to the campus.<\/p>\n<p>Applied Psychological Services Clinic\u00a0601-979-3381<\/p>\n<p>LaTasha Norman Counseling Center Student Center\u00a0 \u00a0\u00a0601-979-0374<\/p>\n<p><u>You Can Make a Report to a S.M.A.R.T. <\/u><\/p>\n<p>Member:\u00a0Sexual\u00a0Misconduct\/Assault\u00a0Response Team (S.M.A.R.T.) You can speak to a SMART member to receive support, guidance, referrals, and information. SMART members are trained in victim and survivor response. SMART members are mandated reporters and are required to provide all relevant details of the incident, including the names of those involved, to the Title IX coordinator. If the University determines that there is a serious or ongoing risk to the campus community, a timely warning will be issued to the campus. The University is obligated to investigate every report and can do so only up to the degree that is possible, depending on the information provided.\u00a0 Your report will be documented and reported to the Title IX coordinator. A student who wishes to bring a complaint against a member of the administration\/staff or faculty should consult the Title IX Coordinator.<\/p>\n<p><strong>Interim and Protective Measures<\/strong><br \/>\nInterim and protective measures are support services, accommodations, and other assistance the university puts in place after receiving notice of incidents of relationship violence or sexual misconduct. These measures can be implemented before any final outcomes (investigatory, disciplinary, or remedial) have been determined. Interim measures are available even if an individual chooses not to report to law enforcement or participate in a university or criminal investigation. JSU will implement reasonably available interim measures to protect a claimant and facilitate the claimant\u2019s continued access to university employment or education programs and activities. Interim measures may be both remedial, which are designed to address a claimant\u2019s safety and well-being and continued access to education opportunities, or protective, which involve action against a respondent.<\/p>\n<p>&nbsp;<\/p>\n<p><strong>Education and Awareness Program<\/strong><br \/>\nJSU has several methods of providing education about relationship violence and sexual misconduct to campus, including online and in-person training, educational and awareness campaigns, and other educational opportunities throughout the academic year. These educational programs are designed to:<\/p>\n<p>-Raise awareness of the impact of relationship violence and sexual misconduct;<br \/>\n-Clearly communicate that relationship violence and sexual misconduct is prohibited at JSU;<br \/>\n-Reduce the prevalence of relationship violence and sexual misconduct;<br \/>\n-Connect students and employees with campus and community resources; and<br \/>\n-Encourage active bystander intervention and community involvement in shaping our campus culture.<\/p>\n<p><strong>Consent<\/strong><br \/>\nClear and unmistakable agreement, expressed in mutually understandable words or actions, to engage in a particular activity. Consent can be withdrawn by either party at any point. Consent must be voluntarily given and may not be valid if a person is being subjected to actions or behaviors that elicit emotional or psychological pressure, intimidation, or fear. Consent to engage in one sexual activity, or past agreement to engage in a particular sexual activity, cannot be presumed to constitute consent to engage in a different sexual activity or to engage again in a sexual activity.<\/p>\n<p>Consent may be questioned if the consenter is found to have been under the influence of drugs and\/or alcohol when consent was given. Consent CANNOT be given by a person who was incapacitated at the time due to alcohol, drugs or other factors including but not limited to:<\/p>\n<ol>\n<li>The person is incapacitated due to the use or influence of alcohol or drugs;<br \/>\n2. The person is asleep or unconscious;<br \/>\n3. The person is under the applicable age of consent; or<br \/>\n4. The person is incapacitated due to a mental disability.<\/li>\n<\/ol>\n<p>&nbsp;<\/p>\n<p><strong><u>Complainants\/Respondents Rights<\/u><\/strong><\/p>\n<p>&nbsp;<\/p>\n<p><strong>Complainant\u2019s Rights<\/strong><\/p>\n<p>The University will provide a timely and thorough investigation, and will treat the complainant with respect before, during, and after the\u00a0student conduct process. Barring any unforeseen circumstances, cases of sexual misconduct or sexual harassment shall be resolved within a 60 day period once the incident has been reported.<\/p>\n<p>The complainant will be informed of the University\u2019s conduct process and possible outcomes. The University will also inform the\u00a0complainant\u00a0of available counseling services, medical services, mental health services, and other campus and off campus resources for victims of sexual assault.<\/p>\n<p>Complainants\u00a0have the right to report a sexual assault to local law enforcement, which will not prevent University disciplinary action.<\/p>\n<p>Complainants\u00a0may request changes to academic and living situations after a sexual assault occurs. Title IX will assist to help facilitate such changes.<\/p>\n<p>Complainants\u00a0have the right to have one advisor throughout the student conduct process, including meetings and hearings. The advisor may not be a witness in the case. In meetings with Judicial Services or in a hearing, the advisor may not participate directly and may only communicate with the\u00a0complainant\u00a0via whispering or writing notes.<\/p>\n<p>A\u00a0complainant\u00a0has a right to a campus \u201cno-contact order,\u201d which prohibits the alleged respondent from having contact of any kind (including electronic contact or contact from third parties acting on the alleged violator student\u2019s behalf) with you.<\/p>\n<p>The University will make reasonable efforts to protect confidentiality, within the parameters of FERPA (Family and Education Privacy Act of 1974), HIPAA (Health Insurance Portability and Accountability Act of 1996) and the University conduct process.<\/p>\n<p>The\u00a0complainant\u00a0is afforded the right to be updated on the investigation and be informed of the outcome of a hearing.<\/p>\n<p>The\u00a0complainant\u00a0has the right to have prior, irrelevant sexual behavior or history with other individuals excluded from a hearing. As a reminder, prior consensual behavior with the alleged respondent does not indicate consent on subsequent occasions.<\/p>\n<p>Prior to a hearing, the\u00a0complainant\u00a0is allowed to inform the hearing officer of relevant witnesses the victim wishes to include at the hearing and to what the witnesses plan to testify.<\/p>\n<p>Prior to a hearing, the\u00a0complainant\u00a0may also meet with a hearing officer to discuss hearing procedures.<\/p>\n<p>During a hearing, the\u00a0complainant\u00a0has the right to give opening and closing statements and ask questions of the alleged respondent, via the hearing officer.<\/p>\n<p>Once a decision has been rendered to the alleged respondent by the University, the\u00a0complainant\u00a0will be notified.\u00a0 A\u00a0complainant\u00a0will also have the right to appeal the decision within 1 business days of receiving notification of the decision.<\/p>\n<p><strong>Rights of the Respondent\u00a0<\/strong><\/p>\n<p>The alleged respondent has similar rights to the\u00a0complainant. The University will provide a timely and thorough investigation, and will treat the alleged\u00a0respondent\u00a0with respect before, during, and after the student conduct process.<\/p>\n<p>The alleged\u00a0respondent\u00a0will be informed of the University\u2019s\u00a0conduct process and possible outcomes. The University will also inform the alleged violator of available resources, including counseling services, and other campus and off campus resources to assist with the process.<\/p>\n<p>The alleged\u00a0respondent\u00a0has the right to have one advisor throughout the student conduct process, including meetings and hearings. The advisor may not be a witness in the case. In meetings with Judicial Services or in a hearing, the advisor may not participate directly and may only communicate with the alleged\u00a0respondent\u00a0via whispers or writing notes.<\/p>\n<p>The University will make reasonable efforts to protect confidentiality, within the parameters of FERPA (Family and Education Privacy Act of 1974), HIPAA (Health Insurance Portability and Accountability Act of 1996), and the University conduct process.<\/p>\n<p>The alleged\u00a0respondent\u00a0is afforded the right to be updated on the investigation and be informed of the outcomes of the process.<\/p>\n<p>Prior to a hearing, the alleged\u00a0respondent\u00a0 is allowed to inform the hearing officer of relevant witnesses the alleged\u00a0respondent\u00a0wishes to include at the hearing and to what the witnesses plan to testify.<\/p>\n<p>Prior to a hearing, the alleged\u00a0respondent\u00a0may also meet with a hearing officer to discuss hearing procedures.<\/p>\n<p>During a hearing, the alleged\u00a0respondent\u00a0has the right to give opening and closing statements and ask questions of the witnesses and\u00a0complainant, via a hearing officer.<\/p>\n<p>The alleged\u00a0respondent\u00a0has the right to timely notice of a hearing as indicated in the Student Code of Conduct. The alleged\u00a0respondent\u00a0may waive the period of notice if desired.<\/p>\n<p>&nbsp;<\/p>\n<p><strong><u>Definitions<\/u><\/strong><\/p>\n<p><strong>\u201cComplainant\u201d<\/strong>\u00a0means a student who alleges to the higher education institution that he or she has been the victim of a violation of the comprehensive policy, regardless of whether the complaint was initially submitted to the higher education institution by him or her, or by someone else.<\/p>\n<p><strong>\u201cRespondent\u201d<\/strong>\u00a0means a student involved in the complaint resolution procedure who has been accused of violating a higher education institution\u2019s comprehensive policy.<\/p>\n<p><strong>\u201cComprehensive policy\u201d<\/strong>\u00a0means a policy created and implemented by a higher education institution to address student allegations of sexual assault, domestic violence, dating violence, and stalking.<\/p>\n<p><strong>\u201cConfidential advisor\u201d<\/strong>\u00a0means a person who is employed or contracted by a higher education institution to provide support to student survivors, complainants, or respondents in the context of an investigation of alleged violation of the comprehensive policy described herein, or in seeking assistance or accommodations related to such an alleged violation.<\/p>\n<p><strong>\u201cConfidential communication\u201d<\/strong>\u00a0means information exchanged between a survivor, complainant, or respondent and a confidential advisor during the course of the advisor providing support and assistance, including all records kept by the advisor concerning the survivor and services provided to the survivor, complainant, or respondent, except where failure to disclose the information would violate the law, would result in an imminent threat of physical harm, or would violate a professional oath or the requirements of a professional license.<\/p>\n<p><strong>\u201cSexual assault\u201d<\/strong>\u00a0means physical sexual contact attempted or perpetrated without a person\u2019s consent, as defined by the higher education institution\u2019s policy consistent with the requirements of this act.<\/p>\n<p><strong>\u201cDomestic Violence\u201d<\/strong>\u00a0means a pattern of abusive behavior in any relationship that is used by one partner to gain or maintain power and control over another intimate partner. Domestic violence can be physical, sexual, emotional, economic, or psychological actions or threats of actions that influence another person. This includes any behaviors that intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure, or wound someone.<\/p>\n<p><strong>\u201cStalking\u201d<\/strong>\u00a0means purposefully engaging in a course of conduct directed at a specific person, or who makes a credible threat, and who knows or should know that the conduct would cause a reasonable person to fear for his or her own safety, to fear for the safety of another person, or to fear damage or destruction of his or her property, is guilty of the crime of stalking.<\/p>\n<p><strong>\u201cDrug Facilitated Sexual Assault\u201d<\/strong>\u00a0means drugs and\/or alcohol are often used to compromise an individual\u2019s ability to consent to sexual activity as well as to minimize the resistance and memory of the victim of a sexual assault.<\/p>\n<p><strong>\u201cSurvivor\u201d<\/strong>\u00a0means any student who has experienced sexual assault, domestic violence, dating violence, or stalking while enrolled at a higher education institution, irrespective of whether or not he or she seeks disciplinary action under the comprehensive policy, accommodations, or confidential assistance.<\/p>\n<p><strong>\u201cDiminished capacity\u201d<\/strong>\u00a0means an individual does not have the capacity to consent. Reasons for this inability to consent include, but are not limited to: sleeping, drugged, passed out, unconscious, mentally incapacitated, etc. It is important to understand diminished capacity because often times victims of sexual assault in these situations blame themselves because they drank, consumed drugs, etc. It is essential to emphasize that it is not his or her fault, that the aggressor is the one who took advantage of his or her diminished capacity.<\/p>\n<p><strong>\u201cWitness\u201d<\/strong>\u00a0means a person who directly observes the alleged incident.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>What is Title IX? Title IX of the Education Amendments of 1972 is a federal civil rights law that prohibits discrimination on the basis of sex in any education program or activity that receives federal funding. Title IX is used as a means to address and end sexual violence on schools and college campuses. 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