Center for

Health Sciences

Reporting

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• Formal Complaint Process

  All Title IX complaint processes are separate from law enforcement investigations. Even if law enforcement and criminal justice authorities choose not to prosecute a particular incident, the university may still pursue the incident through the Title IX complaint process.

   

  We want all participating parties to be knowledgeable about the process that occurs once a complaint is filed with Title IX. The following describes the investigation process, the hearing, and the outcome of the hearing. Title IX and Student Support & Conduct staff will be available to explain the process as requested. The complaint process will be prompt, fair, and impartial. This means that the process will be completed within a reasonable timeframe and without undue delay. The process will be conducted in a manner that is consistent with the university’s policies and will be transparent to all parties. The victim that submits the complaint is referred to as the complainant. The alleged individual is referred to as the respondent. Lastly, the Title IX complaint process will be conducted by university officials who do not have conflict of interest or bias for the complainant or respondent.

• Filing a Formal Complaint

  Formal complaints can be filed online, mail, email, or in person in 700 N. Greenwood Ave, 1405 Main Hall OSU Tulsa, tulsa.titleix@okstate.edu, or chssco@okstate.edu. In order for disciplinary action to be taken, a signed formal complaint must to be filed and the complainant must participate in the investigative and hearing processes. 

• Investigation
  1. The complainant and respondent will be notified of receipt of the complaint. When the respondent is an employee, the notice will also be provided to the respondent’s supervisor and the appropriate senior administrator.
  2. A university official will separately meet with the complainant and respondent to discuss the complaint submitted, review the investigation and hearing processes.
  3. An investigation will be conducted by a non-biased Investigator. This investigation will include meeting personally with the complainant; meeting personally with the respondent(s); meeting personally with any witnesses; and, reviewing any documentary information.
  4. The investigation will be adequate, reliable, and impartial. The Investigator will compile an investigation report, which will be fact-checked by the complainant and respondent.
  5. The university official will determine if a hearing is possible based on the available information. If it is determined that the university will proceed with a hearing, the complainant and the respondent(s) will be notified of the hearing date.
  6. You are allowed one advisor to be present during the investigation process.
• Hearing
  1. Upon the conclusion of an investigation, the Complainant and Respondent will be notified in writing with the name and contact information of a trained Decision Maker assigned to conduct a live hearing that will be recorded by audio or audio visual means. The Complainant and Respondent will be provided the scheduled date, time and location of the hearing, as well as written information regarding the hearing process by the Title IX Coordinator or Designee.
  2. Within ten (10) business days of receipt of the notification, both parties must provide the Decision Maker and Title IX coordinator with the name and contact information of their Advisor for the hearing, supporting evidence and a list of witnesses, if applicable.
  3. The hearing includes opening statements, presentation of the investigation report, presentation of information by complaint and respondent, questions to each party, and closing statements.
  4. Each party is permitted to have a person of their choosing to accompany them throughout the hearing as an advisor. The primary role of the advisor to aid you in recounting your experience. If the case falls under Title IX policy, you are required to have an advisor present in the hearing to ask questions of the other party. If you are unable to obtain an advisor, the university will provide one for you.
  5. Each party is permitted to be present during the hearing (except during deliberations). All parties can be in the same room in a pre-arranged, non-threatening location or in separate rooms with a video conference option.
  6. The standard of proof used in all university conduct hearings is preponderance of the evidence, which means the determination to be made is whether it is more likely than not a violation occurred. This is significantly different than proof beyond a reasonable doubt, which is required for a criminal prosecution.
• Outcome
  1. Possible outcomes include the entire range of sanctions listed in the OSU policies concerning employee and student misconduct. When it is determined that sexual violence is more likely than not to have occurred, the outcome can include separation from the university.
  2. Respondents and complainants will be informed simultaneously in writing of the outcome within five business days after the hearing.
  3. Each party has the right to appeal the decision reached through the hearing proceedings within ten business days after the hearing and the right to respond if an appeal is submitted by the other party.

 

It is encouraged that all forms of sexual violence be reported, no matter the severity. Oklahoma State University’s primary concern is safety; therefore, individuals should not be deterred from reporting even if the use of alcohol or other drugs was involved. The university has a Good Samaritan policy, which provides amnesty for minor conduct violations to students involved in a more serious incident.

 

The university encourages victims of sexual violence to talk to someone about what happened so that they can receive support and so the university can respond appropriately. The university offers both confidential services and non-confidential reporting options. It is important to know that different individuals may have different responsibilities regarding confidentiality, depending on their position. Under state law, some individuals can assure confidentiality for a victim, including counselors and victim advocates. In general, however, when an incident of sexual misconduct is reported to any employee, the employee is strongly encouraged, if not required, to report the incident to the Title IX Coordinator or the Deputy Title IX Coordinator. The university must balance the needs of the individual victim with an obligation to protect the safety and well-being of the community.

 

Different employees on campus have different abilities to maintain a victim’s request for confidentiality.

• Some are required to maintain near complete confidentiality; talking to them is sometimes called a “privileged communication.”
• Other employees may talk to a victim in confidence and generally report only that an incident occurred without revealing any personally identifying information. Disclosures to these employees will not trigger a university investigation into an incident against the victim’s wishes. This report is done through a Clery report and does not include the victim’s name or other identifying information.
• Some employees are required to report all the details of an incident (including the identities of both the victim and alleged perpetrator) to the Title IX coordinator or deputy coordinator.

 

Confidential Services

Confidential service options provide students and employees with the ability to confidentially share and discuss an instance of sexual violence, without their information being shared with others. Please note that reporting to confidential services limits the university’s ability to respond to incidents.

 

Professional Counselors

Professional and licensed counselors who provide mental-health counseling (including those who act in that role under the supervision of a licensed counselor) are not required to report any information about an incident to the Title IX coordinator or deputy coordinator without the participant’s permission. These individuals are also not required by the Clery Act to report. This would include counselors in the OSU CHS and OSU Tulsa Counseling Centers, Guidance Resources, and Employee Assistance Program.

 

OSU Victim Advocates

The university treats the OSU Victim Advocates as a confidential reporting option. Victims can visit with a victim advocate to learn about resources available on campus. The victim advocates are not required to report any information about an incident to the Title IX coordinator or deputy coordinator without a victim’s permission. However, the victim advocates will report incidents, without personally identifiable information, to OSU CHS Security for the purpose of the Clery Act. Additionally, the victim advocates will report periodically to the Board of Regents on statistical trends of incidents. OSU CHS victim advocate: 918-200-5595

 

University Health Providers

University Health Service providers are a confidential service option. They are not required to report any information about an incident to the Title IX coordinator or deputy coordinator without a participant’s permission. However, they will report incidents, without any personally identifiable information to OSU CHS Security for the purpose of the Clery Act.

While these professionals, non-professional counselors, health providers or victim advocates may maintain a victim’s confidentiality, they may have reporting or other obligations under state law, such as mandatory reporting to law enforcement in case of minors, imminent harm to self or others or requirement to testify if subpoenaed in a criminal case.

 

Non-Confidential Reporting Options

The Board of Regents for Oklahoma Agricultural and Mechanical Colleges and the Clery Act require all employees (excluding counselors, health care providers and victim advocates) who become aware of an instance of sexual violence to report the instance to OSU CHS Security and victim advocates. The victim’s name should not be reported to the police without the victim’s permission. The report should include the nature, date, time and general location of an incident. This is a limited report that includes no information that would directly or indirectly identify the victim. This allows for the university to track patterns and develop appropriate campus-wide responses.

 

If the university determines that the alleged individual(s) pose a serious and immediate threat to the campus, the university may issue a timely warning to the community. Any such warning will not include any information that identifies the victim.

 

When an instance of sexual violence is reported to a responsible employee or a Campus Security Authority (CSA), a student can expect the incident will be reported to the university’s Title IX coordinator or deputy coordinator.

 

Campus Security Authority: In compliance with the Clery Act, some employees are identified as a Campus Security Authority. CSAs are identified through the Clery Act and outlined in the University’s Annual Safety Report. These individuals are required to report instances of sexual misconduct, along with other misconduct, to OSU CHS Security for statistical purposes.

 

Responsible Employees: University officials in supervisory relationships with employees or students are considered Responsible Employees. All faculty members are considered Responsible Employees. Other University Officials who are considered Responsible Employees may include, but are not limited to: unit heads, academic administrators (academic counselors/advisors, recruiters, financial aid employees), temporary staff, all staff designated as Campus Security Authorities, staff involved in student rotations (Clinical Education Coordinators, Regional Rural Health Coordinators, clinical supervisors).

 

A CSA or responsible employee must report to the Title IX coordinator or deputy coordinator all relevant details about the alleged sexual violence shared by the victim including names, date, time, and specific location of the alleged incident. To the extent possible, information will be shared only with people responsible for handling the university’s response to the report. A CSA or responsible employee should not share information about the victim to law enforcement unless a victim requests the employee to do so.

 

Before a victim reveals any information to a CSA or responsible employee, the employee should ensure that the victim understands the employee’s reporting obligations and if the victim wants to maintain confidentiality, the victim should be directed to a confidential resource. When a victim tells a CSA or responsible employee about an incident of sexual violence, the victim has the right to expect the university will provide information about supportive measures, resources, and reporting avenues. 

 

Requests for No Action

When Student Support & Conduct is made aware of an alleged sexual violence situation, a victim will be sent resources via their university email address. 

• If there is no response from the victim or the victim asks for no action to be taken, Student Support & Conduct will review to determine if the alleged student is contacted.
• If the victim does not respond to the University’s contact or the victim requests that no action be taken, Student Support & Conduct must weigh that request against the obligation to provide a safe environment for all students, including the victim. If the university honors the request for confidentiality, a victim must understand that the university’s ability to meaningfully investigate and respond to the incident may be limited.
• Although rare, there are times when the university may not be able to honor a victim’s request in order to provide a safe environment for all students. When weighing a victim’s request for no action the following will be considered:

1. The increased risk that the alleged respondent will commit additional acts of sexual or other violence, such as:
   1. whether there have been other sexual violence complaints about the same alleged respondent;
   2. whether the alleged respondent has a history of arrests or records from a prior school indicating a history of violence;
   3. whether the alleged respondent threatened further sexual violence or other violence against the victim or others;
   4. whether the sexual violence was committed by multiple respondents;
2. whether the sexual violence was perpetrated with a weapon;
3. whether the victim is a minor;
4. whether the respondent is an employee or participates in university-approved student activities (e.g., athletics, band, ROTC, etc.);
5. whether the university possesses other means to obtain relevant information of the sexual violence (e.g., security cameras, personnel, physical evidence); and,
6. whether the victim’s report reveals a pattern of perpetration (e.g., via illicit use of drugs or alcohol) at a given location or by a particular group.

The presence of one or more of these factors could lead the university to investigate and, if appropriate, pursue conduct action.  If none of these factors is present, the university will likely respect the victim’s request for no action.

If it is determined that the university cannot maintain a victim’s confidentiality, the university will inform the victim prior to starting an investigation. The university will remain ever mindful of the victim’s well-being and will take ongoing steps to protect the victim from retaliation or harm and work with the victim to create a safety plan. The university may not require a victim to participate in any investigation or conduct process. Retaliation against the victim, whether by students or university employees, will not be tolerated.

 

Reporting to the Police

The university strongly encourages individuals to report sexual violence and any other criminal offenses to the police. This does not commit a victim to prosecute but will allow the gathering of information and evidence. The information and evidence preserve future options regarding criminal prosecution, university conduct actions and/or civil actions against the perpetrator.

 

On Campus Incidents OSU CHS Security 918-625-8592 1111 W. 17th St. Chs.security@okstate.edu

Off Campus Incidents Tulsa Police Department 918-596-9222 600 Civic Center Tulsapolice.org

If the incident happened anywhere else, it can be reported to the local law enforcement with jurisdiction in the location where it occurred.

 

Reporting to Student Support & Conduct or Title IX

Anyone can report instances of sexual violence to Student Support & Conduct or Title IX Coordinator. There is a distinct difference between reporting incidents of sexual violence and filing a complaint regarding an incident of sexual misconduct. Reporting incidents of sexual misconduct informs the University of the incident, allowing the University to provide supportive measures and does not necessarily result in the initiation of the formal complaint process. Complainants who report incidents of sexual misconduct will be offered individualized supportive measures. If a complainant wishes to initiate the grievance process, they should file a complaint.

OSU CHS Student Support & Conduct Title IX Deputy Coordinator – Students D-202, 1111 W. 17th St. 918-561-1950 chssco@okstate.edu

Title IX Coordinator 1405 Main Hall OSU Tulsa 918-594-8105 Tulsa.titleix@okstate.edu

 

Victim Bill of Rights

1. Survivors shall be notified of their options to notify law enforcement and campus authorities, which includes the option not to notify such authorities.
2. Accuser and accused must have the same opportunity to have others present.
3. Both parties shall be informed of the outcome of any disciplinary proceeding.
4. Survivors shall be notified of counseling services.
5. Survivors shall be notified of options for changing academic and living situations. When a student or employee reports that they have been a victim of dating violence, domestic violence, sexual assault or stalking, whether on or off campus, the university will provide a written explanation of the student’s or employee’s rights and options.

 

Policy

University policy specifically addresses sexual violence related to students, faculty, and staff.

• Interim Title IX – OSU CHS Sex Discrimination, Sex-based Misconduct, and Sexual Harassment Interim Policy https://medicine.okstate.edu/hr/1is2many/policies.html

 

Retaliation

Behaviors indicating but not limited to, intimidation, threats, coercion, or discrimination against a person who, acting in good faith, brings a complaint forward or against an individual who has participated in an investigation or conduct process. For more information, see the Board of Regents for the Oklahoma Agricultural and Mechanical Colleges Policy 3.06 Non-Retaliation.