Frequently asked Questions about Title IX

Updated 9-2-2015

1. What is Title IX and what does it prohibit?

Title IX of the Education Amendments of 1972 is a federal civil rights law that prohibits discrimination on the basis of sex in federally funded education programs and activities. This includes discrimination, harassment or bullying on the bases of sex, gender or gender stereotypes. Unlawful sex discrimination also includes, but is not limited to, acts of sexual violence, rape, sexual assault, sexual battery, sexual abuse, sexual coercion, relationship abuse and stalking.

2. What is a Title IX complaint and what are the University’s responsibilities?

If you believe you have been harmed by actions prohibited by Title IX, you may file a complaint. The Federal Government has outlined the responsibilities a university has once it receives notice of a prohibited act. The University of Redlands is required to take reasonable, prompt and effective steps to end the sexual misconduct, eliminate the hostile environment, prevent its recurrence and, as appropriate, remedy its effects. Under Title IX, the University is independently responsible to investigate (apart from any separate criminal investigation by local police) and address sexual misconduct.

3. What is sexual misconduct?

Sexual misconduct occurs any time a person is forced, coerced, manipulated and/or threatened into any unwanted sexual contact, attempted or completed. It also includes any sexual contact without explicit consent. You cannot give consent if you are unconscious or incapacitated due to alcohol or other substance use. Sexual misconduct can include, but is not limited to:

• Sexual assault
• Sexual harassment
• Voyeurism
• Stalking
• Rape
• Fondling
• Molestation
• Dating or acquaintance violence
• Domestic violence
• Sexual battery (unwanted touching)
• Indecent exposure
• Recording or distributing private acts or images

4. Why does our policy use the term "Sexual Misconduct" instead of "Sexual Violence" or "Sexual Assault"?

“Sexual Misconduct” is a widely recognized term that encompasses a range of conduct, including but not limited to all types of sexual harassment, sexual assault, rape and other sexual violence—all of which are included in the University’s Title IX policy. Because the word “misconduct” is used, please know there is no intent to diminish the serious nature of any type of sexual violence.

5. Who is the University’s Title IX Coordinator and what is that person's responsibility?

Pat Caudle is the University’s Title IX Coordinator and Erica Moorer is the University's Deputy Title IX Coordinator. Click on the link below for contact information:

Title IX Coordinators

The Title IX Coordinator’s core responsibilities include:

• Overseeing the University’s response to Title IX reports and complaints
• Identifying and addressing any patterns or systemic problems revealed by such reports and complaints
• Assessing a complainant’s request for anonymity
• Ensuring that University procedures comply with prompt and equitable requirements of Title IX
• When appropriate, assisting with consultations, investigations and resources
• Overseeing Title IX education, training and research

6. What if I believe (or perceive) the Title IX Coordinator (or Deputy Coordinators) will be biased, because they know the person(s) involved? What if I have this same belief about others managing my case?

The Title IX Coordinator and Deputy Coordinators are very receptive to having a conversation with you about your concerns, but please know that we have trained a number of individuals throughout the University to give you plenty of options and to minimize conflict of interest. These trained individuals will often assist with Title IX complaints or cases outside of their normal or daily departments in order to minimize the possibility of bias-related interactions.

7. What if I have experienced sexual misconduct?

If you have experienced sexual misconduct, the first thing you need to do is take care of yourself.

• If applicable, go to a safe location as soon as possible
• Seek immediate medical attention (to address possible injuries, exposure to an STI/STD, or potential pregnancy)
• Know that resources are available to you

Choose how you want to proceed. We encourage you to contact the Title IX Coordinator or one of the Deputy Coordinators to discuss your options.

If you wish to have the University investigate and resolve the incident, please contact the appropriate Title IX Coordinator or Deputy Coordinator.

If you wish to have the incident criminally investigated, contact local police in the city where the assault occurred. The Title IX Coordinator or Title IX Deputies are available to accompany you when making such reports, if desired.

Some of your options include the following:

• Do nothing until you are ready
• Pursue resolution by the University
• Initiate criminal proceedings
• Initiate a civil process against the respondent party

8. If I have questions about a sexual misconduct incident, who should I talk to?

If you want to preserve your right to confidentiality, contact the University Chaplain and/or a therapist in the Counseling Center.

If you want to learn more about the Title IX policy and procedures, the Title IX Coordinator or Deputy Coordinators can assist you. Please be aware that reporting a specific incident to most University personnel (other than the Chaplain or a Counseling Center therapist) may obligate that person to tell someone about your report.

9. Who can report a complaint?

A complaint can be from an anyone—including a student, staff, faculty member or visitor—who has experienced sexual harassment, sexual battery, sexual assault or rape, or has faced retaliation for speaking out about sexual misconduct issues. Complainants can be named or anonymous, and they can provide few or many details about the incident.

Any University employee (except the Chaplain or Counseling Center therapists) must report an incident of sexual assault or misconduct to the Title IX Coordinator. The University has a duty to investigate and respond to the report.

10. Who can I talk to, confidentially?

The University’s Chaplain or a therapist in the Counseling Center can have a conversation with you about an incident and NOT be required to report the incident. These two parties adhere to confidentiality laws of California. You may also choose to contact the local Sexual Assault Services organization, who are not mandated reporters. 

11. Can I file an anonymous Title IX complaint?

Requests to file anonymous complaints will be honored, except in the unusual circumstance where the Title IX Coordinator determines there is the possibility of a significant risk to the broader community. If you file a complaint, Title IX allows you to review all documentation (complaint, investigation report, Public Safety report, etc.) pertaining to the case. Steps will be taken to redact your name and gender pronouns (she, he, her, him, etc.), yet full anonymity is not guaranteed. In cases with only two individuals, the likelihood of the other party discovering who filed the complaint is high.

12. What should I do if I am uncertain that what I experienced constitutes sexual misconduct?

If you believe you have experienced any form of sexual misconduct, but are unsure of whether it was a violation of the University’s sexual misconduct policy, you should contact the Title IX Coordinator or Deputy Coordinators who can help you to define and clarify the event(s) and advise you of your options.

13. What if I have witnessed or I been told about a sexual misconduct incident?

In order to create and maintain a community free of all forms of discrimination, exploitation, intimidation and harassment, including sexual misconduct, it is important for you to notify the University if you witness something. Everyone should report any incidents they witness to the Title IX Coordinator or a Deputy Coordinator. All University employees who are not designated as confidential resources (the University’s Chaplain or a therapist in the University’s Counseling Center) are considered responsible employees who must report any information they receive about an incident of sexual misconduct to a Title IX Coordinator.

14. Are there any restrictions when it comes to discussing my case with others?

No. However, given the sensitivity of Title IX complaints, it is generally better not to talk too freely about it. Discussing what happened to you with others who are not closely involved in the process could have negative consequences (e.g., influence the investigation, rumors, defamation, slander, etc.). The University will immediately address any actions deemed retaliatory in nature or that could interfere with the University’s ability to conduct a fair investigation and hearing process.

15. Can I go to the police department and file charges with them?

Yes. At any point before, during or after the University’s procedures, a complainant can file charges with the local police.

16. If I file charges with the police department, will the University still to pursue an investigation?

Yes. Once the University becomes aware of a Title IX complaint, we may be required to conduct our own independent investigation to determine the facts of the incident and respond to safeguard the campus community.

17. If the incident occurs off campus, will the University investigate it?

Yes. If the incident has sufficient ties to the University, University events, or if it involves a student, faculty or staff member, then the University will investigate and provide resolution.

18. What safety measures and accommodations are available to me if I report a Title IX related incident?

Upon a report of a Title IX sexual misconduct incident, the University will consider putting in place interim measures to ensure a safe, non-hostile environment for students and employees. Following an investigation and a determination that conduct prohibited by Title IX occurred, more permanent measures may be implemented. Interim measures could include:

• Access to counseling services and assistance in setting up the initial appointment
• Access to medical services
• Imposition of a temporary University “No Contact Order”
• Rescheduling of exams and assignments
• Alternative course completion options
• Change of class or section, or ability to drop the course without penalty
• Change of work schedule or job assignment
• Change in student housing assignment
• Assistance in completing residence relocation
• Limiting an individual’s access to University property, facilities or activities
• Change of office space
• Interim suspension or leave

19. What if I have a concern about how the University is handling a complaint or response?

We hope that you first discuss your concern with an appropriate University official. You can always go directly to the Title IX Coordinator; or, if your concern is about the Title IX Coordinator, you can go to the University President. You may at any time contact The Office of Civil Rights: San Francisco:

San Francisco Office
U.S. Department of Education
50 Beale Street, Suite 7200
San Francisco, CA 94105-1813

Telephone: (415) 486-5555
Facsimile: (415) 486-5570
Email: OCR.SanFrancisco@ed.gov
Website: www.ed.gov/ocr

20. If I file a sexual misconduct complaint, will my past relationships or behaviors be included in the case?

No. Questions related to your sexual history with anyone other than the respondent are not permitted.

21. If drugs or alcohol were involved, will I get in trouble for those things when making a report?

No. The University does not want concerns about getting into trouble to inhibit the reporting of sexual misconduct. In other words, a person who reports an incident of sexual misconduct will receive amnesty for other violations of the University’s code of conduct.

22. If I file a sexual misconduct complaint, will my parents or guardians be contacted?

If you are a minor (17 years old or under), California state law mandates that we notify parents or guardians and local authorities. If you are not a minor (18 years old or older), we will not contact parents or guardians. However, regardless of your age we strongly encourage you to inform your parents or guardians.

23. What should I do if I am accused of sexual misconduct?

Please DO NOT contact the person who filed the complaint. Be mindful of your actions and behavior and avoid all direct and indirect contact with the complainant until the matter is resolved. Contact the Title IX Coordinator or appropriate Deputy Coordinator who can explain the University’s procedures for sexual misconduct complaints. The Title IX Coordinator (or Deputy) will assist you in identifying an appropriate person who can act as your support person in the process. You may also want to seek confidential counseling through the Counseling Center; call 909-748-8108.

24. If I am accused of sexual misconduct, is it possible I will also face legal actions?

Yes. Complainants have the right to pursue both campus resolution of a complaint as well as civil and/or criminal resolution. It is up to the complainant to decide how he or she wants to proceed. The University’s Title IX sexual misconduct processes will move forward regardless if there is criminal or civil legal action taken regarding the same incident.

25. What is the role of a Title IX investigator?

The Title IX investigator’s primary role is to serve as the “fact finder.” To this end, the investigator may:

• Interview the complainant, respondent and any witnesses
• Review written reports (from Public Safety and local police, if provided)
• Review student and personnel files
• Gather and examine other relevant documents or evidence

The investigator will work diligently to complete the investigation in a timely manner (within 45 days). A written report is then presented for review to either the Critical Issues Board for Student-on-Student complaints or to decision maker for all other Title IX complaints.

26. What kind of training is required for people who handle Title IX complaints, investigations decisions, etc.?

The Office of Civil Rights: San Francisco recommends that all persons involved in Title IX matters (Coordinators, Deputy Coordinators, Investigators, Adjudicators, Appeals) are trained annually on:

• Working with and interviewing persons subjected to sexual misconduct
• Information on particular types of sexual misconduct, included same sex incidents
• The proper standard for reviewing sexual misconduct complaints
• Affirmative consent and the role drugs/alcohol can have on consent
• The importance of accountability for one found responsible for sexual misconduct
• The need for remedial actions for the respondent, complainant and community
• How to determine credibility, evaluate evidence and weigh it impartially
• How to conduct investigations
• The difference between confidentiality and privacy
• The effects of trauma, including neurobiological change
• Cultural awareness training and the impact it has on different cultural backgrounds

27. Will the University attempt to mediate a sexual violence or sexual assault complaint?

Title IX does not allow the use of mediation (or similar action) as a means to address or to be a part of interim and supportive measures for incidents of sexual assault. Title IX matters that do not involve violence may be mediated if both the complainant and respondent are interested in doing so.

28. What happens after an investigation is completed?

If the respondent of a complaint is a current student, the process will most likely involve a Critical Issues Board Hearing or Administrative Hearing. This process is outlined in the Code of Student Conduct (CSC) in sections: 14, 20-23, and 26. In all other Title IX complaints, the investigator’s report will go to the respondent’s supervisor for review and determination of decision.

29. Will both parties be updated on the status of the process?

Yes. Title IX requires that both parties (complainant and respondent) have equal access to information, notification, and any opportunities to submit personal statements (verbal and/or written) and evidence, to call witnesses, or to have a support person throughout the process. If one party is apprised of the investigation process, the other party is notified as well. Notification of the decision, sanction (if applicable) and the appeal process are also provided to both parties.

30. Can I have someone with me through the proceedings?

Yes. You may have a support person of your choice (see policy). This person is present solely for support and is not allowed to actively participate in meetings or proceedings. They will be asked leave if they become disruptive or are unable to comply with the rules of the process.

31. Can I cross-examine the other party or their witnesses?

No. Each party will receive fundamental fairness. Typically, a party can submit questions to be asked of the other side but parties generally will not have the opportunity to directly cross examine the other side or their witnesses.

32. Is either party required to attend and/or participate in the hearing or decision-making process?

No. Each party has the right choose how he or she wants to participate, though not participating in the investigation may have negative consequences. The complainant and respondent are not required to attend the hearing or decision-making process. The University can make arrangements for both parties to participate and not have to be in the same room (via speaker phone, Skype, etc.).

33. The University’s Title IX policy and Code of Student Conduct are clear that retaliation is not tolerated. But what if it comes from someone not involved with the case, such as a third party?

Federal civil rights laws, including Title IX, make it unlawful to retaliate against an individual for the purpose of interfering with any right or privilege secured by these laws. The University will take immediate and appropriate steps to investigate or otherwise determine what occurred, even if a third party is suspected of retaliation. Steps will be taken to prevent retaliation and strong action(s) will occur to stop the acts.