Sexual Harassment and Sexual Misconduct Policy

ECPI University is committed to providing a teaching, learning and working environment that is free from sexual harassment and sexual misconduct. 

This policy prohibits sexual harassment and sexual misconduct (“Prohibited Conduct”) on University property and in all University programs and activities.  Individuals who engage in Prohibited

Conduct are in violation of this policy and are subject to disciplinary action. This policy also prohibits retaliation against individuals who report Prohibited Conduct, who assist others in reporting, or who participate in University proceedings related to such a report.   

The University will provide appropriate training about Prohibited Conduct and this policy. All participants in University programs and activities are responsible for helping to ensure our University community is kept free of Prohibited Contact by refraining from engaging in such conduct, completing required training and complying with reporting requirements when they become aware of Prohibited Conduct.

Individuals who are subjected to Prohibited Conduct in violation of this policy are encouraged to report these incidents. All reports will be treated seriously.  Individuals who experience Prohibited Conduct will have access to appropriate resources regardless of their decision to report. 

This policy applies to all members of the University community including, but not limited to, students, employees, interns, contractors and vendors (including their employees), guests and visitors while they are on University property or participating in University programs and activities.

Prohibited Conduct

Sex Discrimination. Conduct that adversely affects any aspect of an individual’s employment, education, or participation in an institution’s activities or programs or has the effect of denying equal access or treatment to an individual on the basis of that individual’s sex or gender. Sexual harassment and sexual misconduct are forms of sex discrimination.

Sexual Harassment. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or educational experience or their participation in a University program or activity, (2) submission to or rejection of such conduct by an individual is used as the basis for employment, academic, or program-related decisions affecting such an individual, or (3) creates a hostile environment. 

Sexual Assault. Sexual contact or sexual intercourse with another person without the consent of that person.

Dating Violence. Violence committed in a “dating relationship,” which is defined as a romantic or intimate social relationship between two adult individuals; “dating relationship” does not include a casual relationship or ordinary fraternization between two individuals in a business or social context. The University shall determine if a dating relationship existed by considering the length of the relationship, the type of the relationship, and the frequency of the interaction between the adult individuals involved in the relationship. 

Domestic Violence. Any of the following engaged in by an adult family member or adult household member against another adult family member or adult household member, by an adult caregiver against an adult who is under the caregiver’s care, by an adult against his or her adult former spouse, by an adult against an adult with whom the individual has or had a dating relationship, or by an adult against an adult with whom the person has a child in common: 

1. Intentional infliction of physical pain, physical injury, or illness. 

2. Intentional impairment of physical condition. 

3. A violation of state statutes regarding sexual assault

4. A violation of state statutes regarding stalking.

5. A violation of state statutes regarding damage to property, involving property that belongs to the individual. 

6. A threat to engage in any of the conduct under 1 through 5 listed above. 

    

Stalking. Intentionally engaging in a course of conduct that would cause a reasonable person under the same circumstances to suffer serious emotional distress or to fear bodily injury to or the death of himself or herself or a member of his or her family or household. 

Retaliation. An adverse action taken against an individual in response to, motivated by, or in connection with the individual’s complaint of Prohibited Conduct, participation in an investigation of such complaint, and/or opposition of Prohibited Conduct in the University’s workplace or educational programs and activities. An adverse action is an action that a reasonable person would find materially adverse such that it would dissuade the person from making or supporting a charge of discrimination. 

Providing false information. Any person who makes intentionally false statements or provides intentionally false information when reporting a violation of this policy or during the course of any disciplinary proceeding pursuant to this policy is subject to disciplinary action. The fact that a complaint of Prohibited Conduct did not result in a finding of wrongdoing in a law enforcement or University disciplinary proceeding will not, by itself, be a basis for determining that this provision has been violated. 

Reporting 

Violations of this Policy should be reported to the Title IX Coordinator.

Title IX Coordinator’s responsibilities include:

• Promoting the creation of policies, procedures and notifications designed to ensure university compliance with Title IX;
• Being trained annually regarding sexual harassment, including sexual violence, and is familiar with the university's grievance procedures;
• Overseeing implementation of grievance procedures, including investigation and disposition of complaints, and identifying and addressing any problems throughout an investigation;
• Answering questions and providing guidance about Title IX compliance and the university's related policies and procedures;
• Serving as a liaison to the U.S. Department of Education's Office of Civil Rights and other state and federal agencies that enforce Title IX;
• Ensuring the campus community and university employees are adequately trained and educated on their Title IX compliance responsibilities; and
• Monitoring all other aspects of the university's Title IX compliance.

Shanna Campise, Title IX/Section 504 Coordinator
5555 Greenwich Rd. 
Virginia Beach, VA  23462
(757) 994-1054
TitleIX_coordinator@ecpi.edu

Violations of Title IX may also be reported directly to the US Department of Education, Office for Civil Rights.

(OCR) US Department of Education, Office for Civil Rights

In addition to constituting a violation of this policy, Prohibited Conduct might also constitute criminal conduct that violates state and local statutes. Regardless of whether these acts are reported to the University, anyone who has been subjected to sexual harassment or sexual violence has the option of reporting to law enforcement.

Confidential Resources

Well Connect 1-866-640-4777

Investigatory and Disciplinary Procedures

For purposes of this policy, a Complainant is any individual who is reported to have been subjected to Prohibited Conduct and a Respondent is a person who is accused of violating this policy.  Complainants and respondents will be treated equitably. 

Upon receipt of a formal complaint, the Title IX Coordinator will assess for a possible Title IX violation.  If a possible violation is found, written notification will be provided to both the complainant and respondent which contains the allegations and facts, details on the formal grievance process (investigation and live hearing), details on the informal resolution process (if an option), a statement that the parties can request to inspect and review certain evidence, and information regarding the code of conduct, presumption of innocence and false statements.

Efforts will be made to ensure confidentiality to the extent practical consistent with the goals of preventing further instances of the alleged Prohibited Conduct and conducting a fair and thorough investigation. 

If a possible violation of Title IX is not found, if the Complainant notifies the Title IX Coordinator in writing that he/she wishes to withdraw the complaint or if the respondent is no longer employed by the University, both parties will be sent written notice which includes the reason for the dismissal and the right to appeal. 

Please note that this policy sets forth our goals of promoting a teaching, learning and work environment that is free of Prohibited Conduct. The policy is not designed or intended to limit the University’s authority to discipline or take remedial action for conduct the University deems unacceptable, regardless of whether that conduct meets the definition of Prohibited Conduct.  

Applicable Statutes 

Title IX. Title IX of the Education Amendments of 1972 (20 U.S.C. sec. 1681 et seq. (as amended) and its implementing regulation, 34 C.F.R. Part 106. A federal law that states, “[n]o 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.” 20 U.S.C. § 1681(a).

Violence Against Women Act (VAWA). Federal law enacted in 1994, which promotes the investigation and prosecution of violent crimes against women, among other objectives. Recently, it amended the Clery Act [42 U.S.C. §§ 13701-14040], through the Campus Sexual Violence Elimination Act (SaVE) provision, Section 304.