ASU - Sexual Misconduct Policy

Adams State University believes that students have the right to be free from unwanted sexual contact, coercion, abuse, force and violence, or threats of violence. The University will not tolerate misconduct, including "acquaintance" or "date" rape, Dating Violence, Domestic Violence, other forms of intimate partner violence, stalking, or gender bias, on or off campus. Adams State University is a place where we look out for one another, and crimes of Domestic Violence, Dating Violence, Sexual Assault and Stalking are absolutely prohibited.

Sanctions for violating this policy may include warnings, probation, suspension, expulsion, mandatory counseling/education, fines, loss of privileges, loss of employment, or referral for criminal prosecution.

THE LAW

Sexual harassment/violence is NOT simply inappropriate behavior; It is against the Law (Title IX of the 1972 Education Amendments). Criminal investigation may take place, and appropriate charges filed.

COMMITMENT

At Adams State University, our primary concern is the safety of our students, faculty, and staff. The University will respond to any reports of sexual harassment/violence. Under our school's policy and Title IX; "Retaliation is prohibited against any individual who reports violations of our policy or participants in any manner in an investigation."

Additionally, student victims have the option to change their academic and/or on-campus living situations after an alleged sexual assault, if such changes are reasonably available.

Consumption of alcohol or drugs or violations of other policies are viewed separately from sexual harassment/violence and will never make the victim at fault.

DEFINITION

Sexual harassment/violence is unwelcomed conduct of a sexual nature. It can include unwelcome sexual advances, requests for sexual favors, or other verbal, nonverbal or physical conduct of a sexual nature including sexual assau1t.

Other examples of sexual harassment/violence include, but are not limited to domestic violence, dating violence, stalking, graphic comments about a person's body, sexually explicit pictures, unwanted telephone calls, emails, or texting.

ACTIVE CONSENT

Active consent means that each person involved in sexual contact not only expressively agrees to the sexual activity, but also agrees to such activity freely, willingly, and knowingly. A person who has been threatened or intimidated or whose judgment is substantially impaired by drugs or alcohol or by other physical or mental impairment cannot by definition, give consent to sexual contact. You have a right not to be acted upon by someone else.

INVESTIGATION

After receiving a report of Domestic Violence, Dating Violence, Sexual Assault or Stalking, whether the offense occurred on or off campus, the Director of Title IX will provide the student or employee with a written explanation of their rights and options, including victim services, available assistance in and how to request accommodations and protective measures, including academic, living, transportation and work changes, when reasonably available.

Students may decide to meet with the Director of Title IX to provide additional information. A prompt and effective investigation will be conducted in normally sixty (60) days or less. The Title IX Director will keep all parties to the investigation informed of the progress and findings.

The standard of evidence under the Title IX is a "Preponderance of Evidence" (more likely than not to have occurred). Any necessary steps to assure the safety of the student making the complaint will be taken.

ADMINISTRATION

There is no formal judicial process. Evidence will be provided to an administrative panel who will render a decision. All parties will be given due process and an opportunity to present their case in private. There is an appeal process for both parties to the Vice President of Student Services. Proceedings will include a prompt, fair and impartial process from the initial investigation to the final result, and will be completed within reasonably prompt timeframes. These proceedings will be conducted in a manner that is consistent with ASU's policies and transparent to the accuser and accused, by officials who do not have a conflict of interest or bias for or against the accuser or accused.