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Title IX

Civil Rights Discrimination

Title IX

 

What conduct is prohibited by Title IX?

• Title IX prohibits discrimination on the basis of gender (sex). Title IX prohibited conduct includes sexual harassment, sexual assault, sexual misconduct, sexual exploitation, interpersonal (dating or domestic) violence, and stalking.

What are a University’s obligations when it has notice of a Title IX related incident?

• If the University knows about (or should know about in the exercise of reasonable care) sexual misconduct which creates a hostile environment, Title IX requires the University to take immediate and appropriate steps to investigate or otherwise determine what occurred (subject to confidentiality considerations). If an investigation reveals that sexual misconduct created a hostile environment, the University must then take prompt and effective steps reasonably calculated to 1) end the sexual misconduct, 2) prevent its recurrence and, 3) as appropriate, remedy its effects on the victim(s) and University community.

Who is a mandatory reporter?

• All University of Wyoming employees, including student staff, must report all Title IX related concerns to the Title IX Coordinator or their supervisor. The supervisor will promptly notify the Title IX Coordinator of the incident and assist with immediate safety measures and other necessary and appropriate interim measures (e.g., housing, academic) in consultation with the Title IX Coordinator or the Dean of Students.

Who is not a mandatory reporter at the University Of Wyoming?

• There are a number of places on campus individuals can make a confidential report, including staff with the STOP Violence Program or SAFE Project, counselors at the University Counseling Center, or nurse practitioners and physicians at Student Health Services. A report to these individuals will NOT be shared with other entities or employees, unless the alleged victim gives consent. Confidential reports can also be made to other mental health counselors, medical professionals, victim advocates, or clergy members. NOTE: This confidentiality does not apply if there is concern for the immediate health and safety of any individual or when a minor is involved in an incident of abuse.

Who is the University Of Wyoming Point of Contact for Title IX?

• UW’s Title IX Coordinator is Jim Osborn (Manager of Investigations, Equal Opportunity Report and Response). He is located in Room 320 of the Bureau of Mines Building, and can be reached via email at report-it@uwyo.edu or via phone at 766-5200 or 766-5228.

What if the Complainant requests confidentiality?

• If someone requests that their report remains confidential, the University will give serious consideration to that request. Generally, the University will seek to honor the request and will not proceed to a formal investigation without the consent of the Complainant. In some situations the University may need to proceed with a Title IX investigation despite the request. The Title IX Coordinator will consider a number of factors in deciding whether the request can be honored, including the involvement of minors, whether there is evidence of a pattern of misconduct, the severity of the misconduct, and whether there is a safety risk to individuals or the University of Wyoming community. Should the University determine it must proceed after weighing such factors, the University will explain its rationale to the Complainant and make sure that the Complainant is offered a support person throughout the process. If UW chooses to pursue an investigation, the Complainant will not be required to participate in the process. 

What safety measures and accommodations are available to a student when he or she reports a Title IX related incident?

• After receiving a report, the University will work with the Complainant to put interim measures in place to ensure a safe, non-hostile environment. Following an investigation and a determination that conduct prohibited by Title IX occurred, more permanent accommodations and safety measures may be implemented. Accommodations and safety measures (including interim measures) could include:

  • Housing accommodations

  • Counseling services

  • Academic accommodations

  • UW employment accommodations

  • Escort services

  • No contact or trespassing orders for the Respondent

  • Limitations on extracurricular or athletic activities

  • Respondent’s removal from University community

  • Other appropriate actions as necessary

Who can a student or UW employee contact to ask that one or more of these safety measures and/or accommodations are put in place?

• Students can contact the Dean of Students Office in Knight Hall Room 128 (766-3296, dos@uwyo.edu). Employees should contact Equal Opportunity Report and Response in the Bureau of Mines Building Room 320 (766-5200, report-it@uwyo.edu)

What is the purpose of the University's Title IX process?

• The purpose of making a Title IX report is to determine:

  • Whether or not prohibited conduct has occurred;

  • Whether there is an ongoing risk of harm from further prohibited conduct and, if so, what steps are necessary to prevent its recurrence;

  • Whether accommodations for the Complainant need to be put in place to redress the effects of the prohibited conduct;

  • Whether accommodations or safety measures should be put in place to ensure the safety of the University of Wyoming community;

  • Whether the prohibited conduct warrants disciplinary action in accordance with the Student Code of Conduct or University Regulations; and

  • Whether any changes to policies, practices, or training should be considered and implemented.

What kind of prevention programming is UW implementing?

• UW offers a range of programming geared toward preventing sexual misconduct:

  • AlcoholEDU – Online evidence-based training module about alcohol education for all new freshman and transfer students under 60 credit hours, required prior to the start of their first semester at UW.

  • Haven – Online evidence-based training module about healthy relationships, the importance of consent, how to help a friend, and the many ways you can help create the safe, positive campus you want to be a part of.

  • Mandatory Reporting (Duty to Report) Training –Within 90 days of hire all employees, including student employees, are required to complete a training on their responsibilities to report sexual misconduct.

  • Sexual Harassment and Discrimination Prevention – in-person training required every three years for managers and supervisors, including faculty

  • Stop Violence Programming – Ongoing trainings on healthy relationships, alcohol and violence, stalking, bystander intervention, and understanding consent as well advising a student RSO that provides awareness programming throughout the year.

  • Aware Program – Bystander intervention training offers awareness, and helps witnesses to stand up and help others who might be in a sexual violence situation.

  • Healthy & Safe Choices Student Panel – education for incoming freshman during New Student Orientation.

  • Parents Safety Panel – education for parents of incoming freshman during New Student Orientation.

  • Parenting 1010 – education for parents on wellness during New Student Orientation, including alcohol and drug expectations, resources, and penalties.

What is the crime rate at the University Of Wyoming?

• Student safety and wellness is promoted through collaborations with campus partners including the Dean of Students, UW Police Department, Residence Life, University Counseling Center, Student Health Services, Campus Recreation, Admissions, Athletics, and the Wyoming Union.

• Crime Statistics, including alcohol and drug violations, available at: http://ope.ed.gov/Security/Index.aspx

• CLERY/Annual Security and Fire Safety Report, pg. 9-11, available at: https://www.uwyo.edu/uwpd/_files/2015UWSecurityReport.pdf

How do I report an incident of sexual misconduct to UW?

• There are several ways you can make a report to UW or law enforcement, including anonymous and confidential options. Reporting to UW helps ensure that survivors receive the support and resources they need. Reports can be made by phone or in person to the Title IX Coordinator (Jim Osborn, 766-5200, report-it@uwyo.edu). Online reports can be made by clicking here.

What is the difference between formal and informal resolution?

• Whenever possible, the Title IX Coordinator will work with the complainant and alleged offender to find an informal resolution. (Please note that OCR does not recommend informal resolution as an option in cases of rape/sexual assault). The goal is to acknowledge behavior and risk of behavior, to raise awareness and prevent future occurrences. Both parties must be willing to engage in facilitated discussions. Either party may, at any time, change their mind about participating in the informal resolution process.

• If either party withdraws or if an informal resolution cannot be reached, then the Title IX Coordinator/Investigator can guide you through the formal resolution process. The Title IX Coordinator/Investigator will work closely with Student Affairs (for student claims), Academic Affairs (for claims involving faculty), or Human Resources (for claims involving an employee) to determine the timing of an investigation, interviewing of witnesses, and review of the evidence.

• Evidence is reviewed based on a standard of preponderance of the evidence; that means that the evidence gathered shows that the claim is more likely than not to have occurred. Findings and/or recommendations will be issued and if a violation is found, disciplinary action or sanctions as prescribed by policy or law will be imposed.

Can I also seek assistance from external agencies?

• Yes. The University takes Title IX claims very seriously and will take appropriate steps to assist the victim and provide a timely response. You may use our internal process while maintaining your right to pursue options with external law enforcement agencies, which may include local law enforcement or the County Attorney’s office, Equal Employment Opportunity Commission, Wyoming Department of Workforce Services, or the United States Department of Educations’ Office of Civil Rights (OCR). The University can continue its investigative process as long as it does not conflict with the jurisdiction of these outside agencies. The Title IX Coordinator can provide you with information on accessing these external resources.

Is my report confidential?

• We understand how difficult it can be to come forward with a concern or claim. We encourage candid and honest participation in our process so that we can identify the right options and correct course of action. The University will make every effort to keep the confidentiality of any person(s) reporting a claim and when possible will keep the identity of an unwilling victim or witness confidential. However, we cannot guarantee unqualified confidentiality as we must also balance the safety of other members in our community. If we determine that there is the threat of imminent harm to an individual or to the community, information may need to be shared and then only with appropriate individuals. Complainants will be advised if information pertaining to a claim is shared with individuals outside of the University’s investigative process.

• There are certain individuals who, under the law and under specific circumstances, are bound by rules of confidentiality. If you choose to report a claim to any of the University resources listed, you may ask whether your conversation with them is privileged under the law.

What happens if someone else reports an incident and indicates me as a victim? Am I required to file a formal charge?

• Again, any and all incidents reported are taken seriously and will be investigated and addressed in a timely fashion and with sensitivity to confidentiality. The Title IX Coordinator or designated investigator will reach out to an individual upon a third-party report that the individual may have been a victim of sexual assault, violence, harassment or discrimination.

• The purpose of reaching out to the individual is to provide guidance as to the processes and support resources available. However, no individual will be forced to file a claim or otherwise participate in the University’s investigative process. Unwilling victims or witnesses may be asked to acknowledge that they do not wish to engage in any resolution process. Even if you decline to engage in any resolution process, you can return to the Title IX Coordinator at a later time. In the interim, you are encouraged to seek support and assistance from any of the available resources.

• PLEASE NOTE: The University as well as external law enforcement may be limited in their ability to fully investigate or resolve a complaint if the victim is unwilling to engage in the investigative process. Likewise, delays in formally reporting a complaint can limit the type or effectiveness of our response. More broadly, delays in reporting can prevent the University from understanding if a pattern of risk or behavior is developing. The University must take steps to end or otherwise address the behavior that violates policy or law. Every effort will be made to keep the identity of an unwillingly victim or witness confidential in taking steps to protect the larger community.

I am uncomfortable making a report because I am afraid of retaliation.

• The University’s ability to address and respond to claims is dependent on the honest and willing engagement of participants in the process. Any person who in good faith and belief of the facts, reports an incident of sexual misconduct, discrimination, or workplace violence and participates in the investigative process may expect respectful treatment and equitable access to the resources. Retaliation against anyone who reports in good faith or participates in the investigative process is prohibited and may be viewed as harassment itself and may be subject to sanctions as determined by the University.

Is Title IX just for females?

• You can be of any gender and file a complaint. The perpetrator can be of any gender. It is the nature of and the impact of the incident that will determine if the actions were a violation of UW policy.

What is a Title IX Coordinator?

• All school districts, colleges and universities receiving Federal financial assistance must designate at least one Title IX Coordinator and publish the name, office address, telephone number and email address of this employee or employees. The role of the Title IX Coordinator is to ensure equity for all parties, to serve as a resource for the adjudication processes and to bring forth timely communication and resolution.

What happens when I make a Title IX report?

• The Coordinator or designated investigator will work with you to gather information on your report and provide some resources that may be helpful to you. You are not required to make decisions about moving forward with your complaint at that time. In fact, we encourage you to return (or we will reach out) in a day or two to once again review all of your options and decide on a course of action. Please note that in cases of rape or sexual assault, you will be advised that the timing of medical attention is very important to preserving your future legal rights with external law enforcement agencies. There are certain immediate steps we can take to help you feel safer and we will work with you to provide and coordinate the right options for your circumstances. You may change your mind about participating in this process at any time.

• If you choose to move forward, the Title IX Coordinator will work with appropriate offices to ensure that you (the complainant), respondents, and witnesses are treated equitably throughout the process and that respectful and timely communication occurs.

 

Civil Rights Discrimination

 

What falls under non-discrimination at UW?

• Anything category listed in our non-discrimination policy is considered a protected class at our university. If you experience, witness, or hear of discrimination based in one of these categories UW wants you to report it to the appropriate authority.

What if I’m not sure something falls under a protected category?

• It’s ok to be unsure. One of the duties of our staff is helping individuals understand what incidents or concerns fall under non-discrimination policies at the University.

What if I want to report anonymously?

• While we encourage individuals to identify themselves when making a report, UW responds to all reports, including anonymous reports. Please be aware that without contact information, we will not be able to respond to you directly concerning your comment/inquiry/question. This can make it difficult to fully review your concerns.

Should I wait to make a report?

• The University is committed to ensuring a community that is safe for all who study, live, work and visit here. Immediate notification to one of the available UW resources is critical to fulfilling our commitment to you. We understand that sexual misconduct, discrimination, or workplace violence may be difficult to report but immediate reporting allows for the best possible efforts to support victims, and to investigate and address the claim. Delays in reporting may limit the type or effectiveness of responses from the University, law enforcement, and external resources. Delays may impact physical evidence and access to witnesses that may assist us in investigating and responding to your report.

What happens when I make a report?

• The Manager of Investigations or designated investigator will work with you to gather information on your report and provide some resources that may be helpful to you. You are not required to make decisions about moving forward with your complaint at that time. In fact, we encourage you to return (or we will reach out) in a day or two to once again review all of your options and decide on a course of action. There are certain immediate steps we can take to help you feel safer and we will work with you to provide and coordinate the right options for your circumstances. You may change your mind about participating in this process at any time.

• If you choose to move forward, the Investigator will work with appropriate offices to ensure that you (the complainant), respondents, and witnesses are treated equitably throughout the process and that respectful and timely communication occurs.

Is my report confidential?

• We understand how difficult it can be to come forward with a concern or claim. We encourage candid and honest participation in our process so that we can identify the right options and correct course of action. The University will make every effort to keep the confidentiality of any person(s) reporting a claim and when possible will keep the identity of an unwilling victim or witness confidential. However, we cannot guarantee unqualified confidentiality as we must also balance the safety of other members in our community. If we determine that there is the threat of imminent harm to an individual or to the community, information may need to be shared and then only with appropriate individuals. Complainants will be advised if information pertaining to a claim is shared with individuals outside of the University’s investigative process.

• There are certain individuals who, under the law and under specific circumstances, are bound by rules of confidentiality. If you choose to report a claim to any of the University resources listed, you may ask whether your conversation with them is privileged under the law.

I am uncomfortable making a report because I am afraid of retaliation.

• The University’s ability to address and respond to claims is dependent on the honest and willing engagement of participants in the process. Any person who in good faith and belief of the facts, reports an incident of sexual misconduct, discrimination, or workplace violence and participates in the investigative process may expect respectful treatment and equitable access to the resources. Retaliation against anyone who reports in good faith or participates in the investigative process is prohibited and may be viewed as harassment itself and may be subject to sanctions as determined by the University.