A. TITLE IX OFFICE

Reports of sex discrimination, sexual harassment, as defined by applicable regulation¹Ìýand other conduct prohibited under this policy and inquiries concerning the application of Title IX and its regulations should be directed to the TU Title IX Office:

ÌýTitle IX Contact Information

1200 W. Montgomery Rd.
¾«¶«AV, ALÌý 36088

To schedule an appointment to make an in-person report, contact the Title IX OfficeÌýat TIX@tuskegee.edu.

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Emails & Texts from MaxientÌýÌý

The Title IX Office at ¾«¶«AV utilizes a third-party email software called Maxient. It is a secure, web-based application that manages communication from our office, including meeting requests and follow-ups involving conduct and non-conduct issues.Ìý

Students receiving an email from Maxient will see a link to the correspondence sent from ¾«¶«AV.Ìý

Within the email’s text, students will be given a link to a log-in screen, by which they can access the correspondence letter or notice our office has sent.Ìý

Maxient also allows ¾«¶«AV to send text messages to students if their cell phone number is on file. This means that our office can send individual texts to students with a link to the communication sent via Maxient.Ìý

If you receive an email or text from Maxient, this is a legitimate email from the university, and not part of a phishing scam.Ìý Questions? Email TIX@tuskegee.edu

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The Title IX OfficeÌýcoordinates the University’s compliance with Title IX and University policies related to sexual misconduct.Ìý The Title IX Office oversees the University’s centralized responses to ensure compliance with Title IX and the 2013 Amendments to the Violence Against Women Reauthorization Act (VAWA as amended). ResponsibilitiesÌýalso include receipt and review of reports and formal complaints, investigating or overseeing the investigation of complaints of alleged sex discrimination or harassment; ensuring that consistent standards and practices apply to all investigations; being available to meet with students and employees who believe a violation of this policy has occurred; and assisting campus security or law enforcement as needed. For further information concerningÌýTitle IX,Ìýstudents and employees mayÌýcontact the U.S. Department of Education, Office for Civil Rights at (800) 421-3481 or ocr@ed.gov.

Responsibilities of the Title IX Office

Responsibilities include but are not limited to:

• Communicating with members of the University community regarding Title IX and VAWA, as amended, and providing information about how individuals may exercise their rights under this policy;
• Reviewing applicable University policies to ensure institutional compliance with Title IX and VAWA;
• Monitoring the University’s administration of its policies, including this Title IX Sexual Harassment, Sexual Assault, Sexual Misconduct, Relationship (Dating) Violence and Stalking policy and all related record keeping, timeframes, and other procedural requirements;
• Conducting training regarding Title IX, VAWA, statements of policy, and prohibited conduct as defined in this policy and related policies;
• Responding to reports and formal complaints regarding conduct that violates this policy of which the Title IX OfficeÌýor any TU official who has authority to institute corrective measures on behalf of TU has actual knowledge; and
• For any report of which the Title IX Office or University Official with authority to institute corrective action has actual knowledge, the Title IX OfficeÌýexplains, oversees and implements supportive measures with assistance from other University departments and personnel as appropriate. For any formal complaint, the Title IX Office investigates the complaint or oversees the investigation of alleged misconduct, directs the provision of any additional supportive measures for the complainant or respondent during the investigation, and monitors any related appeal.

B. REPORTING VIOLATIONSÌýAND FILING A COMPLAINT

Reporting a violation.Ìý ÌýAny person may report a violationÌý(whether or not the person reporting is the person alleged to be the victim) by using the contact information listed for the Title IX Office, and such a report may be made in person during business hours orÌýat any time (including during non- business hours) by using the above-listed telephone number,Ìýemail address, or by mail to the listed office address. Third party (including ‘‘bystander’’) reporting, and anonymous reporting (by the person alleged to be the victim or by a third party) triggers response obligations.¹²

What to expect. Upon receipt of a report, the Title IX OfficeÌýwill meet with the reporter, provide a copy of the Title IXÌýpolicy, and explain:

1. The importance of seeking immediate medical attention for sexual assaults;
2. The importance of preserving evidence;
3. The process of filing a formal complaint;
4. The availability supportive measures even if no formal complaint is filed;
5. The availability of supportive measures for the complainant and respondent before or after the filing of a formal complaint;
6. The obligation to keep supportive measures confidential unless confidentiality impairs TU’s ability to provide them;
7. The right to report a crime to campus or local law enforcement;
8. The right to not report a crime to law enforcement or file criminal charges;
9. The right to simultaneously file both a criminal complaint with campus security or local law enforcement and a formal institutional Title IX complaint;
10. The right to assistance from TU officials with filing a criminal complaint if assistance is requested;
11. If a formal complaint is filed, initial review by the Title IX Office or a designee to determine whether, if true, the allegations would constitute a violation of Title IX;
12. Options for informal and formal resolution if a complaint proceeds beyond the initial review process;
13. Available health care, victim advocacy, mental health, and legal assistance resources and counseling services available both on and off campus, including the campus health center, other campus resources and sexual assault resource centers, and non-campus resources, including health and crisis assistance.
14. Even if a complainant asks TU not to take any action, the University may be obligated to investigate the complaint; and
15. Prohibitions against retaliation.

Complaints by the Title IX Office.ÌýÌýThe Title IX Office isÌýofficially authorized to initiate a formal complaint. The Title IX Office may, under some circumstances, initiate a formal complaint whether or not the person alleged to be a victim wishesÌýto participate.Ìý Such a conclusion can only be reached by the specially trained Title IX Office, and onlyÌýwhen specific circumstances justify that action. The Title IX Office will only initiate a formal complaintÌýagainst a person's wishes if doing so is not clearly unreasonable in light of the known circumstances. The reasons for the decision must be documented.

Temporary removalÌýon an emergency basis.Ìý TU is authorized to remove a person from its education programs or activities on an emergency basis, with or without aÌýpending grievance process.Ìý In this event, the person must be given post-removalÌýnotice and an opportunity to challenge the removal.

Confidentiality.ÌýÌýTU will make reasonable efforts to preserve the privacy of all involved parties and will only disclose information regarding reports or complaints under this policy on a need to know basis, primarily to persons who are responsible for investigation, evaluation and reporting requirements.Ìý TU cannot require the parties to maintain confidentiality.

C. TRAINING

Title IX training is available to all students and employess.(See training link below).Ìý Any individual serving asÌýTitle IX Office, investigator, or decision-maker, and persons designated by TU to facilitate the formal resolution processÌýmust not have a conflict of interest or bias for or against complainants or respondents generally or an individual complainant or respondent. Title IX Office, investigators, decision-makers, and any person who facilitates a formal resolution processÌýmust receive training on the following:

1. The definition of sexual harassment in §106.30;
2. The scope of the University's education programs and activities;
3. How to conduct an investigation and grievance process, including hearings, appeals, and informal resolution processes;
4. The presumption that the respondent is not responsible for the alleged conduct; and
5. How to serve impartially, including by avoiding prejudgment of the facts at issue, conflicts of interest, and bias.
   Decision-makers must also receive training on:
6. Any technology to be used at a live hearing; and
7. issues of relevance of questions and evidence, including when questions and evidence about the complainant's sexual predisposition or prior sexual behavior are not relevant.

All training provided by the Title IX Office must be gender neutral and free of any sex bias or sex stereotyping.Ìý Any materials used to train Title IX Office, investigators, decision-makers, and any person who facilitates a formal resolution process must not rely on sex stereotypes and must promote impartial investigations and adjudications of formal complaints of sexual harassment.

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REFERENCES

• , Final Rule, 34 C.F.R. Part 106
• , 85 Fed. Reg. 30026
• , (VAWA), also known as the Campus Sexual Violence Elimination Act (Campus SaVE Act)
• , as amended
• , as amended