Title IX at Emory & Henry College
Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681) is an all-encompassing federal law that prohibits discrimination based on the gender of students and employees of educational institutions which receive federal financial assistance.
Complaints under Title IX at Emory & Henry College
Formal Complaint Procedure & Processing
As soon as possible, but within fourteen (14) days after receipt of the written complaint, the Title IX Coordinator shall review the materials contained in the written complaint, and may either commence an investigation of the complaint or appoint a designee(s) to investigate or co-investigate the complaint. Such an investigation may include initial meetings with the Complainant and with the Respondent and a discussion of possible avenues for resolution of the complaint. Immediate protective measures or remedies may be implemented to respond to the complaint.
As soon as possible, but within a 60 days after the end of the information processing, the Title IX Coordinator will notify the Complainant in writing of the outcome of the investigation.
Provisions Regarding Time Limits
- The College may, at its discretion, extend any of the time limits imposed in this policy with written notice to the Complainant.
- If the Complainant fails to respond within the time limits provided, upon written notice of such failure, the complaint may be deemed to have been withdrawn or the College may proceed without the complainant’s active participation.
Mandatory Reporting, Confidentiality and Privacy
All College personnel, by virtue of their roles, responsibilities and authority, must report incidents of sexual discrimination, sexual harassment, and sexual violence.
Confidentiality and Privacy:
Individuals who desire confidentiality and privacy related to incidents of sexual discrimination, sexual harassment, and sexual violence are encouraged to report incidents through confidential reporters in the Powell Resource Center or campus ministry staff.
Confidential reporters (Powell Resource Center counselors, health services personnel, or campus ministry staff) are required to report incidents to the Title IX Coordinator; however, they do not reveal names unless given permission to do so by the person reporting the incident.
Any member of the College community who believes that he or she has experienced prohibited discrimination or harassment in employment or in the context of academic pursuits should report the incident to the identified sources below:
Any individual may report an act of sexual violence or assault to the Emory & Henry Police Department at (276) 944-6222 or local law enforcement by dialing 911.
Campus Conduct Hotline: 1-866-943-5787
- The Hotline is available around the clock. Calls made to the Hotline are completely confidential, and callers may remain anonymous.
A complaint should be filed within 30 days of the most recent action giving rise to the grievance. Retaliation against anyone who makes a complaint or participates in the complaint process is prohibited. Any member of the College community who becomes aware of potentially discriminatory or harassing conduct must report the conduct to one or more of the identified persons above.
Additionally, all potential criminal activity, including any allegation of criminal sexual assault or violence that is brought to the attention of any member of the College, must be reported immediately to Campus Police.
When a student or employee reports that he or she is a victim of domestic violence, dating violence, sexual assault, or stalking – regardless of where the offense occurred – the individual will be provided with his or her rights and options for additional reporting and resources.
Emory & Henry College prohibits retaliation against anyone for inquiring about suspected breaches of College policy, reporting or cooperating in the investigation of any sexual discrimination, sexual harassment and sexual violence complaint. Retaliation is a serious violation that can subject the offender to disciplinary action independent of the merits of the discrimination or harassment allegation, up to and including discharge. If the complainant believes that retaliation has occurred and seeks College resolution, s/he is obligated to immediately report it to one of the officials identified in Section III of this policy.
Frivolous, False, or Malicious Charges:
Students and employees will not suffer adverse consequences as a result of reporting a matter involving sexual discrimination, sexual harassment, and sexual violence in good faith. However, the protocol shall not be used to initiate frivolous claims, false claims, or malicious charges without regard to the truth. After the completion of remediation efforts, if the Title IX Coordinator concludes that the complainant’s allegations were false, frivolous or malicious, the Coordinator may recommend disciplinary action against the complainant, up to and including separation from the College.
Submitting a Complaint
- An initial assessment meeting will be conducted to better understand the nature and circumstances of the report.
- A reasonable assessment of the safety of the individual and the campus community will be made.
- If the complainant wants to proceed with a resolution process, they will submit a written complaint to the Title IX office.
Procedures for Formal (Written) Grievances
The formal grievance procedure may be used instead of the informal procedure for the processing of a complaint. A formal written complaint may be filed with the Title IX Coordinator. Generally, a formal complaint should be filed by the Complainant within thirty (30) calendar days following the alleged discriminatory act(s) or the date on which the Complainant first knew of such alleged act(s).
The written complaint statement must include the following:
- The Complainant’s name, campus location, and status within the College community, including title and department.
- The basis of the alleged act(s) of discrimination or harassment; that is race, religion, color, national origin, sex, age, sexual orientation, disability, genetic information.
- A brief description of the alleged act and the Complainant’s reason for concluding that it was discriminatory or harassing.
- The name and position in the College community held by the Respondent.
- Copies of materials or names of witnesses, if any, which may be relevant to the investigation of the complaint.
- The date(s) on which the alleged act(s) were committed.
- The date on which the Complainant first knew of the alleged act(s).
- A statement indicating the remedy sought by the Complainant.