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Responding to Reports of Sexual Misconduct

What is the Role of the Title IX Coordinators?

When the Title IX Coordinators receive a report of possible sexual misconduct, they will provide the complainant, the respondent, any witnesses, or other involved individuals with resources and support and will investigate the report.  The Title IX Coordinators seek first and foremost to ensure that the survivor is safe and that the campus community is protected.  They will meet with the survivor of the reported sexual misconduct, known as the "complainant."  They will meet with the student against whom a complaint is brought, known as the “respondent.”  The Title IX Coordinators receive annual training on the issues related to college sexual misconduct, including, but not limited to, sexual violence, dating violence, domestic violence, sexual assault and stalking, and on how to conduct an investigation that protects the safety of survivors and promotes accountability.  They will conduct a prompt, fair and impartial investigation, provide assistance and resources to the complainant, the respondent, and any witnesses, and will implement interim or long-term remedial measures, where appropriate.  The Title IX Coordinator may delegate responsibility for the investigation to a trained Title IX investigator.

After conducting an investigation, the Title IX Coordinator will decide whether the incident should be referred to the University officials responsible for student conduct, referred to as the “Conduct Officers” (or to other University officials if the respondent is not student).  The Title IX Coordinator gathers facts but does not make decisions about whether a student should be charged with a violation of the Standards of Student Conduct

The Title IX Coordinators' responsibilities include but are not limited to:

  • Ensuring the prompt and thorough investigation of any sexual misconduct complaint or question;
  • Meeting with individuals who wish to file a sexual misconduct complaint or raise a question relating to this policy or Title IX;
  • Convening the Threat Assessment Team – Sexual Misconduct Review Subcommittee (referred to in this policy as the “Sexual Misconduct Review Subcommittee”), described below upon learning of an incident of possible sexual violence, sexual exploitation, stalking, domestic violence, and/or dating/relationship violence;
  • Establishing processes to identify and address patterns or systemic problems that may arise during the investigation of a sexual misconduct complaint;
  • Ensuring that the University has in place policies and procedures reasonably necessary to foster compliance with Title IX, including, but not limited to grievance procedures for sexual misconduct complaints;
  • Ensuring that school officials receive training regarding Title IX, sexual misconduct, and this policy, including reporting and responding to possible incidents of discrimination or sexual harassment;

Implementing educational programs and communication plans designed to inform students of their rights under this policy and Title IX and how to file a sexual misconduct or Title IX complaint.

What Happens When a Report is Made to a Title IX Coordinator?

Upon receipt of a report involving possible sexual violence, including non-consensual sexual intercourse, non-consensual sexual contact, stalking, sexual exploitation, dating/relationship violence, or domestic violence, the Title IX Coordinator or his/her designee shall promptly report the information, including the identification of involved individuals, if known, to the University’s Sexual Misconduct Review Subcommittee (described below).

The Title IX Coordinator shall also begin to gather the preliminary information needed to commence an investigation.   

When the Title IX Coordinator meets with the complainant, the Coordinator provides the following information:

  • The complainant’s Title IX rights and rights under this policy and related University policies, including the Standards of Student Conduct;

  • The University's obligation to treat both the complainant and the respondent fairly;

  • The University's obligation to promptly investigate the reported sexual misconduct;

  • The complainant's right to pursue criminal action including options for investigation and prosecution in addition to the University of Richmond's student conduct process;

  • The importance of collection and preservation of evidence;

  • The importance of seeking appropriate medical attention;

  • The available options for a protective order;

  • The complainant's right to participate or decline to participate in any investigation to the extent permitted under state or federal law;

  • Resources on campus and within the Richmond community, including counseling services, sexual assault crisis centers, and domestic violence crisis centers;

  • Information about the investigation process and University procedures for pursuing a formal complaint against a student, faculty member, staff member, or third party, including the University's protections from retaliation;

  • Examples of possible retaliation and procedures for reporting the retaliation;

  • Possible options for interim measures to avoid contact with the respondent and to ensure the complainant’s well-being, including, no contact orders, housing and academic accommodations and changing transportation, dining, or working situations;

  • Possible long-term remedies for the complainant, including housing and academic accommodations, tutoring, medical services, and counseling;

  • The Title IX Coordinator’s obligation to provide the complainant with periodic updates as the investigation progresses; and

  • The process for handling requests for confidentiality or requests not to investigate.

When the Title IX Coordinator meets with the respondent, the Coordinator provides the following information:

  • The respondent’s Title IX rights and rights under this policy and related University policies, including the Standards of Student Conduct;

  • The University's obligation to treat both the complainant and the respondent fairly;

  • The University's obligation to promptly investigate the reported sexual misconduct;

  • The complainant's right to pursue criminal action in addition to the University of Richmond's student conduct process;

  • Resources on campus and within the Richmond community, including counseling services;

  • Information about the investigation process and University procedures for pursuing a formal complaint against a student, faculty member, staff member, or third party, including the University's protections from retaliation;

  • Examples of possible retaliation and procedures for reporting the retaliation;

  • Possible options for interim measures to avoid contact with the complainant and to ensure the respondent’s well-being, including, no contact orders, housing and academic accommodations and changing transportation, dining, or working situations;

  • Possible long-term remedies for the respondent, including housing and academic accommodations, tutoring, medical services, and counseling; and

  • The Title IX Coordinator’s obligation to provide the respondent with periodic updates as the investigation progresses, provided such updates do not compromise the investigation.

When the Title IX Coordinator meets with other witnesses, the Coordinator provides the following information:

  • The University's obligation to treat both the complainant and the respondent fairly;

  • The University's obligation to promptly investigate the reported sexual misconduct;

  • Resources on campus and within the Richmond community, including counseling services;

  • Information about the investigation process and University procedures for pursuing a formal complaint against a student, faculty member, staff member, or third party, including the University's protections from retaliation;

  • Examples of possible retaliation and procedures for reporting the retaliation; and

  • Possible options for interim measures to avoid contact with the complainant or respondent and to ensure the witness’ well-being, including, no contact orders, housing and academic accommodations and changing transportation, dining, or working situations.

Does the Title IX Coordinator Notify the University Police?

If the complainant wishes to file a police report, the Title IX Coordinator will assist the complainant in contacting the University Police.  Additionally, the Title IX Coordinator will notify the University Police of any report that may be required to be logged and disclosed under the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act ("the Clery Act").  Unless the complainant wishes to make a police report, their name or other personally identifiable information will not be included in the report to the University Police.  In addition, victim names are never published in the crime log or as part of the annual Campus Security Report required by the Clery Act.

Whether a report comes directly from a complainant or from the Title IX Coordinator, the University Police may determine that a serious or continuing threat possibly exists and may release either an "emergency notification" or a "timely warning" to the campus community.  Emergency notifications must be issued immediately upon confirmation of a significant emergency or dangerous situation, and timely warnings must be issued if the crime is considered by the institution to represent a serious or continuing threat.  The complainant's name or other personally identifiable information will never be included in emergency notifications or timely warnings.  The Title IX Coordinator will notify the complainant if an emergency notification or a timely warning is going to be distributed.

What is the Role of the Threat Assessment Team - Sexual Misconduct Review Subcommittee?

The Sexual Misconduct Review Subcommittee is a subset of the University’s Threat Assessment Team.  As required by Virginia law and University policy, the Sexual Misconduct Review Subcommittee receives reports from the Title IX Coordinators regarding possible sexual violence, including non-consensual sexual intercourse, non-consensual sexual contact, stalking, sexual exploitation, dating/relationship violence, or domestic violence.  

The membership of the Sexual Misconduct Review Subcommittee shall include:

  • The Title IX Coordinator (or their designee);
  • The Deputy Title IX Coordinator who received the report;
  • The Chief or Assistant Chief of the University Police Department (or a designee who shall be a sworn office of the University Police Department);
  • The Vice President for Student Affairs (or a designee who shall be a members of the Student Development Division); and
  • Such other members of the University’s Threat Assessment Team as the Title IX Coordinator deems appropriate.

The Sexual Misconduct Review Subcommittee will convene within 72 hours of receiving the report of an incident from the Title IX Coordinator.  The responsibilities of the Sexual Misconduct Review Subcommittee include:

  • Providing advice and guidance to the Title IX Coordinator regarding the investigation of the report, appropriate interim remedial measures, and available resources for the involved individuals; and
  • Determining if the disclosure of information regarding the incident, including personally identifiable information, is necessary to protect the health or safety of the complainant or other individuals, consistent with applicable FERPA regulations including 34 C.F.R. § 99.36.   If the committee, or the representative from the University Police Department, determines this disclosure is necessary, the representative from University Police Department will immediately disclose the information, including personally identifiable information about the individuals involved, to the appropriate law enforcement agency.  The Title IX coordinator will notify the survivor of any disclosure that is made.  

If the alleged incident would constitute a felony violation under Code of Virginia § 18.2-61, the representative of the University Police Department will consult with the Commonwealth Attorney responsible for prosecuting the alleged act within 24 hours of the review committee meeting and shall provide the information received by the Subcommittee, without disclosing personally identifiable information about the individuals involved.  

The Sexual Misconduct Review Subcommittee will have the same access to law enforcement, criminal history, education, personnel, and health records as the full Threat Assessment Team.  

After its initial meeting, the Sexual Misconduct Review Subcommittee will meet as necessary as new information becomes available or as the investigation progresses.

What Interim or Long-Term Remedial Measures are Available?

The Title IX Coordinator will assess whether interim remedial measures are reasonable and appropriate during the pendency of an investigation, any conduct proceeding that may follow, and upon conclusion of the investigation and any conduct proceeding. Interim remedial measures may be put in place on behalf of the complainant, the respondent, and/or witnesses in the investigation or to protect the campus community.  Remedial measures may also be implemented to prevent retaliation.  Requests for interim or long-term remedial measures can be made by contacting the Title IX Coordinator. In determining and implementing certain remedial measures; the Title IX Coordinator may confer with or seek the assistance of other University officials, including but not limited to the University Police and the Student Conduct Officers.  The Title IX Coordinator will ensure that interim remedial measures are implemented in a prompt, fair, and equitable manner and do not disproportionately impact the complainant. 

Interim or long-term remedial measures will be evaluated and reasonable measures will be implemented regardless of whether the complainant wishes to pursue or participate in a criminal investigation, a Title IX investigation, or a disciplinary proceeding.

The interim remedial measures implemented will be tailored to meet the needs of the students involved in the investigation.  However, the following are examples of the type of interim remedial or long-term measures that the Title IX Coordinator (or other University officials as noted) may implement when appropriate:

  • Issuing a “No Contact” order to the involved individuals prohibiting the respondent and the complainant from having any contact with each other, including face-to-face, telephonic or electronic (e.g., texting, email, social media, etc.) contact;
  • To the extent authorized by the University Police, issuing a “No Trespass” letter from the University Police Department to the respondent barring that individual from the University campus;
  • In collaboration with the Student Conduct Officer, implementing an interim University or residence hall suspension of the respondent prior to completion of the investigation and disciplinary processes when the University believes that the continued presence of the respondent on campus or in a residence hall may create a risk to the health or safety of students or of other members of the University community or that the respondent poses an ongoing threat of disruption of, or interference with, the normal operations of the University;
  • Making changes to the class assignment or class schedule of either the complainant or the respondent to eliminate or limit, to the extent possible, contact between the two students;
  • Changing residence hall assignments of either the complainant or the respondent to eliminate or limit, to the extent possible, contact between the two students;
  • Changing work schedules or job assignments;
  • Restricting access to certain University facilities altogether or limiting access to certain hours of the day based on schedules (e.g., library, fitness center, dining hall, etc.);
  • Contacting faculty members on behalf of the complainant or respondent to request certain academic accommodations such as approved absences from class, extensions on class assignments, or permission to withdraw from a class or to take an incomplete;
  • Providing information about and facilitating access to counseling and health care resources both on and off campus;
  • Engaging the University Police Department in the creation of a personal safety plan for the complainant, respondent, or witnesses;
  • Engaging the University Police Department in seeking a protective order; and/or
  • Restricting access to extra-curricular activities such as student clubs and organizations, if complainant and respondent are both members.

At the conclusion of an investigation, the Title IX Coordinator will also assess whether long-term remedial measures are warranted, in addition to any sanctions that may result from the student conduct process, and will implement all appropriate long-term remedial measures.

If the Title IX Coordinator determines that interim or long-term measures are warranted, the Title IX Coordinator will provide written notification of the remedial measure(s) to the individual on whose behalf the measure(s) is implemented, and, if affected by the measure(s), other individuals.  The interim or long-term remedial measure(s) will be kept confidential at the request of the individual on whose behalf it is implemented except to the extent disclosure to other individuals, including students and University employees, is necessary in order to effectively implement the remedial measure(s).

How Does the University Investigate a Sexual Misconduct Report?

When a report of possible sexual misconduct is made, the Title IX Coordinator will commence an investigation.  The Title IX Coordinator will investigate all reports of sexual misconduct about which they become aware, regardless of the source of the report or information.  The nature and extent of the investigation will vary based on the specific circumstances of the incident, but in all cases the investigation will be prompt, fair and impartial.

As part of that investigation, the Title IX Coordinator will interview the complainant and respondent.  The Title IX Coordinator will also interview other people who may have information about the incident and gather relevant information or documents.

At the conclusion of the investigation, the Title IX Coordinator will share their findings with the complainant and the respondent, in writing.  The Title IX Coordinator will also determine whether the incident should be referred for further evaluation of potential disciplinary charges or other remedial action.  If the respondent is a student, such referral shall be made to the University’s Conduct Officer(s) for evaluation of potential disciplinary charges under the Standards of Student Conduct.  If the respondent is an employee, contractor, or vendor of the University, such referral shall be made to the University’s Associate Vice President for Human Resources or other appropriate University officials for evaluation of potential disciplinary action or remedial action under applicable University policies and procedures. 

The standard of evidence used throughout the investigative process is a preponderance of the evidence, or the greater weight of the evidence.

If the Title IX Coordinator determines that there is not enough information to refer the matter to the Conduct Officer, the Associate Vice President for Human Resources, or another appropriate University official, the Title IX Coordinator will close the investigation.  The investigation may be reopened when and if additional evidence becomes available.  Additionally, even if the Title IX Coordinator determines that there is not enough information to refer the matter to the Conduct Officer, the Associate Vice President for Human Resources, or another appropriate University official, the Title IX Coordinator will evaluate and, where appropriate implement other types of interim or longer term remedial measures for the complainant, the respondent, witnesses, or other involved individuals, such as issuing or continuing a “no contact” order, implementing or continuing academic or housing accommodations, or facilitating access to counseling or other support services.  

Additionally, in collaboration with other University officials, the Title IX Coordinator will consider and, where appropriate, implement remedial actions targeted at the broader campus community, such as increased monitoring or security at the location where the conduct occurred, creating additional education or training for students and/or employees, and revising and publicizing the University’s sexual misconduct policy and resources.

If the Title IX Coordinator does not refer the matter to the Student Conduct Officer, the complainant may still file a complaint directly with the applicable Student Conduct Officer under the University's Standards of Student Conduct or with the University’s Human Resources Department under the University's Policy on Discrimination and Sexual Misconduct Involving Faculty or Staff.

How Long Does an Investigation Take?

In general, the Title IX Coordinator and, when applicable, the Conduct Officer will investigate promptly, and the entire investigation, including any disciplinary hearing should last no longer than sixty (60) days, unless extenuating circumstances necessitate a longer time frame.

What If I Want to Keep Things Confidential or Do Not Want to Pursue a Formal Complaint?

Except for the confidential resources described in this Policy, all University Responsible Employees are required to notify the appropriate Title IX Coordinator if they become aware of a possible incident of sexual misconduct, including sexual violence, involving a University student.  All other members of the University community, except for confidential resources, are strongly encouraged to report any incident of sexual misconduct to the appropriate Title IX Coordinator and, if a possible crime, to the University Police Department.  All Campus Security Authorities are required to report possible crimes to the University Police Department.

Confidential Resources

Students can discuss an incident of sexual misconduct, on a confidential basis, with any licensed health care professional in the University’s Counseling and Psychological Services (“CAPS”) or in the University’s Student Health Center.

Counseling and Psychological Services (“CAPS”)
Sarah Brunet Hall
804-289-8119
Office Hours: Mon. – Fri. 8:30 a.m. to 5:00 p.m.
For after hours, on-call assistance, call URPD at 804-289-8715

Student Health Center
Special Programs Building
804-289-8700
Office Hours: Mon. – Fri. 8:30 a.m. to 4:30 p.m.
Summer: Closed to Patient Care
After Hours Resources: Anytime the SHC is closed, help is available from Fonemed, a medical advice call line, by dialing 1-855-292-3373. The Fonemed Registered Nurse will assess your problems and direct you to the most appropriate care.
For assistance in determining the need for emergency services, contact University Police at (804) 289-8715.

Students may also discuss an incident of sexual misconduct, on a confidential basis, with ordained personnel within the Office of the Chaplaincy.

Office of the Chaplaincy
(ordained personnel only)
Wilton Center
804-289-8500
Office Hours: Mon.-Fri., 8:30 a.m. to 5:00 p.m.

Licensed health care professionals at CAPS and the Student Health Center and the Office of the Chaplaincy’s ordained personnel will only disclose a confidential report if the individual making the report consents to such disclosure, if there is an imminent threat of serious harm to the individual making the report or to another individual, or to the extent required by Virginia law (e.g., in the case of a report of abuse or neglect of a minor).

The following off-campus options are also available to students who wish to discuss an incident of sexual misconduct on a confidential basis:

The Richmond Regional Hotline, available at (804) 612-6126, is a crisis response system for people across the region impacted or affected by domestic, intimate partner, and/or sexual violence.  Calling the hotline will connect you to a local specialist who can offer support and information about resources and experts in the Richmond area.  The hotline is available 24 hours per day and open to survivors and their supporters.  It is sponsored by the YMCA, Safe Harbor and other area organizations.  Trained volunteer counselors can provide information and confidential options to survivors of sexual misconduct.  The YWCA also provides support groups for survivors of sexual violence.

Safe Harbor supports those who are experiencing or have experienced domestic and/or sexual violence.  Safe Harbor offers comprehensive services for survivors of sexual and/or intimate partner violence including: 24-hour helpline at (804) 287-7877, children/youth services, community education and training, counseling, court advocacy, emergency shelter, and hospital accompaniment.

The Virginia Anti-Violence Project offers support for lesbian, gay, bisexual, transgender, queer, and questioning survivors of sexual assault and/or intimate partner violence as well as hate-motivated violence.  The LGBTQ Partner Abuse and Sexual Assault Helpline is available Monday-Friday 8am-8pm at 1-866-356-6998. 

Confidentiality Requests to the Title IX Coordinator

The complainant may share as much or as little information with the Title IX Coordinator as they choose.  The complainant may choose not to participate in the Title IX investigation or the student conduct process.

In cases in which the complainant wishes to keep the report or incident confidential, chooses to keep their name, the name of the respondent, the names of witnesses, and other information confidential, or decides not to file a formal complaint of sexual misconduct, the Title IX Coordinator will inform the complainant that, under Virginia law, personally identifiable information, including the name of the complainant and respondent, must be disclosed to the Sexual Misconduct Review Subcommittee.  The Title IX Coordinator will advise the complainant that keeping the complainant's name confidential or declining to identify the respondent may limit the University's ability to thoroughly investigate the sexual misconduct complaint.  The Title IX Coordinator will also inform the complainant that in some cases it may not be possible to ensure confidentiality and that, in some cases, the safety of others or the campus community requires the Title IX Coordinator to investigate despite the complainant’s request.

The Title IX Coordinator will seek to balance a complainant’s request for confidentiality with the need to protect other students and the campus community.  Factors considered by the Title IX Coordinator will include the following:  the seriousness of the alleged sexual misconduct; circumstances indicating increased risk of additional acts by the respondent; prior complaints against the respondent; history of respondent’s arrests; threats from the respondent; the involvement of multiple alleged perpetrators; any pattern of perpetration via drugs or alcohol at a given location or by a given group; the age of complainant; and the ability of the University to gather relevant evidence.  The Title IX Coordinator may consult with the Sexual Misconduct Review Subcommittee and other University officials when considering these factors.

After gathering information from the complainant and incorporating the complainant's request for confidentiality, the Title IX Coordinator will work with University officials to determine whether any of the following actions are appropriate to protect the campus community from any possible ongoing threat:

  • Take steps to protect the complainant, including interim remedial measures such as issuing a "no contact order" or a "no trespass order" as the investigation is ongoing;
  • Take steps to prevent or address retaliation; and
  • Determine if enough evidence exists to warrant an investigation without the complainant's cooperation.

If the complainant’s request for confidentiality limits the University’s ability to investigate an incident, the Title IX Coordinator, in collaboration with other University officials, will consider and, where appropriate, implement remedial actions to protect the complainant and/or measures targeted at the broader campus community, such as increased monitoring or security at the location where the conduct occurred, creating additional education or training for students and/or employees, and revising and publicizing the University’s sexual misconduct policy and resources.

If the University determines that it must move forward with an investigation, the Title IX Coordinator will use reasonable measures to honor the complainant’s request for confidentiality to the extent possible.  If it becomes necessary to inform the respondent of the complainant’s identity, the Title IX Coordinator will:

  • Prior to disclosing the complainant’s identity, inform the complainant that the University will be disclosing their identity to the respondent;
  • Take whatever interim steps are necessary to protect the complainant and the University community; and
  • If the complainant requests that the University not investigate or pursue disciplinary action against the respondent and they request that the University inform the respondent of this request (even when the University decides to move forward), then the University will inform the respondent that the complainant made this request.

If the complainant does not wish to participate in the investigation or pursue a formal complaint, the Title IX Coordinator will still work with the complainant to arrange access to support resources and to implement appropriate interim and long-term remedial measures.

How Do I Pursue a Formal Complaint of Sexual Misconduct?

Any Responsible Employee with knowledge of sexual misconduct by a student, faculty member, staff member, or third party must report that incident in writing (email suffices) to a Title IX Coordinator.  Any other employee or any student with knowledge of sexual misconduct by a student, faculty member, staff member, or third party is strongly encouraged to report such incident, in writing (email suffices), to a Title IX Coordinator.  Reporting to the Title IX Coordinator is the first step in pursuing a formal complaint of sexual misconduct.

In cases where a student is accused of sexual misconduct, the procedures set forth in this policy and the Standards of Student Conduct shall apply.  In cases in which the accused person is a faculty member, staff member, or third party, the procedures set forth in the University's Policy on Discrimination and Sexual Misconduct involving faculty or staff shall apply.

How Does the Student Conduct Process Work?

The Title IX Coordinator does not determine whether a disciplinary charge should be brought or whether disciplinary sanctions should be imposed.  Instead, the Title IX Coordinator or designee conducts a fair and impartial investigation and makes a determination regarding whether there is sufficient evidence at that time to refer the matter to the Conduct Officer to evaluate possible disciplinary action.  The matter will then be handled in accordance with the University's Standards of Student Conduct.

Upon receipt of the referral from the Title IX Coordinator, the Conduct Officer shall review the findings of the Title IX Coordinator or designee’s investigation and the investigative file to determine whether a formal disciplinary charge under the Standards of Student Conduct is warranted.  If necessary, the Conduct Officer may conduct a follow-up or additional investigation in order to gain sufficient information to determine whether a disciplinary charge is warranted.  The Conduct Officer will confer with the Title IX Coordinator regarding any questions they may have regarding the Title IX Coordinator’s investigation.  Any investigation by the Conduct Officer shall be conducted in a prompt, fair and impartial manner.

If the Conduct Officer determines that a formal charge against the respondent is warranted, the University will handle the matter under the procedures described in Article VI of the Standards of Student Conduct:  “Rights and Responsibilities in All Matters Involving the University's Sexual Misconduct Policy.”  The University will never use mediation as a means to settle a sexual misconduct charge involving students.  Possible sanctions are listed in Article VIII of the Standards of Student Conduct.

If the Conduct Officer believes that there is insufficient evidence to initiate a disciplinary charge, they shall consult with the Title IX Coordinator who conducted the investigation prior to making a final determination and with other University officials, as appropriate.  The purpose of such consultation is to ensure that the Conduct Officer has a complete and accurate understanding of the Title IX Coordinator’s investigation and findings, to share with the Title IX Coordinator the findings and results of the Conduct Officer’s investigation, and to provide an opportunity for the Conduct Officer and the Title IX Coordinator to discuss the Conduct Officer’s tentative decision.  Following this consultation, the Conduct Officer shall finalize their decision regarding whether a disciplinary charge will be filed against the respondent.

What are the Rights and Responsibilities of the Complainant and Respondent When a Student Disciplinary Action is Initiated for an Alleged Violation of This Sexual Misconduct Policy?

The rights and responsibilities of the respondent and complainant in a sexual misconduct disciplinary investigation are included in the Standards of Student Conduct, Article VI: Rights and Responsibilities in All Matters Involving the University’s Sexual Misconduct Policy.

How Does the University Handle Retaliation Against Someone Who Brings a Complaint of Sexual Misconduct or Participates in the Investigation or Hearing Process?

All members of the University community, including faculty, staff, and students, who have a good faith concern regarding possible sexual misconduct are encouraged to report that concern to the Title IX Coordinators and/or the University Police Department.  All Responsible Employees, other than confidential resources, are required to report possible sexual misconduct to the Title IX Coordinators.  All Campus Security Authorities are required to report potential crimes to the University Police Department.

The University prohibits retaliation or retribution, in any form, against an individual who reports, in good faith, an actual, potential, or suspected violation of this sexual misconduct policy.  As used in this policy, reporting "in good faith" means the individual making the report has a reasonable basis to believe that there has been or may have been a violation of this sexual misconduct policy.  Individuals who make frivolous or false reports shall not be deemed to be acting in good faith.

Anyone who engages in or attempts to engage in retaliation or retribution against an individual who reports, in good faith, an actual, potential or suspected violation of this sexual misconduct policy shall be subject to discipline in accordance with the policies and procedures of the University, including this Policy and the Standards of Student Conduct.

Are the Records of a Sexual Misconduct Investigation Confidential?

The University considers the records of a sexual misconduct investigation to be confidential and the University uses reasonable methods to protect the confidentiality of those records.  Information gathered in the course of a sexual misconduct investigation will be disclosed to University officials only to the extent such officials require such information to perform their responsibilities to the University.  Information gathered during an investigation may be shared with other involved students (for example the complainant or respondent) to the extent necessary to conduct a thorough and equitable investigation, in the course of a student conduct or other disciplinary proceeding and as permitted or required by applicable law or court order. Information gathered in the course of a sexual misconduct investigation will not be disclosed to third parties except as required by law, court order or with appropriate written consent.

The records of an investigation involving University students are considered to be education records subject to the Federal Rights to Privacy Act (“FERPA”) and the University’s FERPA policy

Virginia law requires that a prominent notation be added to the academic transcript of any student who is suspended for, permanently dismissed for, or withdraws from the University while under investigation for an offense involving sexual violence.  This transcript notation will be removed if a student is subsequently found not to have committed an offense involving sexual violence or if the student completes their term of suspension and is determined to be in good standing according to applicable University policy.

Health care and counseling records are confidential and will only be disclosed with appropriate written consent or as required by applicable law or court order.

Students involved in a sexual misconduct investigation are encouraged to respect the privacy of the complainant, the respondent, and any witnesses by maintaining appropriate confidentiality.  However, students are permitted to share appropriate information with counselors, parents, advisors, or members of the deans’ offices.