TITLE IX

Title IX Essentials: What Every Student Needs To Know (PowerPoint)

View Title IX Training

Title IX States

“No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”

JSU Title IX Policy:

Interpersonal Violence and Sexual Misconduct Policy

Title IX Requirements Regarding Pregnant and Parenting Students

 

What Can I Do? Whom Do I Call?

The Title IX Coordinator ensures that Jackson State University establishes and follows a prompt, thorough, and equitable process for addressing allegations of sexual harassment, sexual assault, and discrimination or differential treatment based on sex.

You may contact the Title IX Office to file a Title IX complaint or report a Title IX Violation. We encourage students and campus members to call with questions or concerns regarding this process. With respect to specific cases, the Title IX Coordinator will work with the appropriate offices to provide academic and residential accommodations as well as no-contact orders.  To report an incident and/or file a Title IX complaint, please click the link below:

Report An incident

File Formal Complaint

 

Investigative Process

An investigation is the process used by the Title IX office to carefully and thoroughly examine an allegation or formal complaint of sexual harassment or sexual violence in order to determine whether there has been a violation of JSU policy or federal law, and if so, what steps the University must take to address and correct such violation, including implementing interim measures and assessing discipline.

 

Title IX Coordinator

LaShundra Jackson-Winters

Associate General Counsel/Title IX Coordinator

Title IX Office: 8th floor – Administration Tower

Phone: (601) 979-1315

TitleIX@lsxythnjy.com

 

Title IX Investigator

Bryant Guy

Title IX Office: 8th floor – Administration Tower

Phone: (601) 979-1315

TitleIX@lsxythnjy.com

 

You Are Encouraged to Get a Medical Exam.

You or whomever you are seeking assistance from can call the victim’s advocate. The advocate will meet you at the hospital and stay for the duration. She will provide assistance and advocacy if you wish. You need to have the exam performed within 72 hours of the assault; an exam can take up to four or more hours.  The Health Center can also test for “date-rape” drugs if you do not want to go to the hospital.

Jackson State University Health Center   601-979-2260

 

You Can File an External Complaint with the Jackson Police Department

Jackson Police   Emergency  911    Non-Emergency:  601-960-1234

You Can Call JSU Public Safety Department

Public Safety officers are mandated reporters. They must report all relevant details of the incident, including names of those involved to the Title IX coordinator and other campus officials who may need to be informed. If you do not want your name or the name of the offender reported you have other options. If the University determines that there is a serious or ongoing risk to the campus community, a timely warning will be issued to the campus. You can file an anonymous report or speak to a fully or semi-confidential person.

Department of Public Safety  601-979-2580

You Can Disclose in Full Confidence

The Applied Psychological Services Clinic and the Latasha Norman Counseling Center staff have privileged communication under the law. They will keep your information and name confidential unless it is determined that you and/or the campus are in imminent danger. If the University determines that there is a serious or ongoing risk to the campus community, a timely warning will be issued to the campus.

Applied Psychological Services Clinic 601-979-3381

LaTasha Norman Counseling Center Student Center    601-979-0374

You Can Make a Report to a S.M.A.R.T.

Member: Sexual Misconduct/Assault Response Team (S.M.A.R.T.) You can speak to a SMART member to receive support, guidance, referrals, and information. SMART members are trained in victim and survivor response. SMART members are mandated reporters and are required to provide all relevant details of the incident, including the names of those involved, to the Title IX coordinator. If the University determines that there is a serious or ongoing risk to the campus community, a timely warning will be issued to the campus. The University is obligated to investigate every report and can do so only up to the degree that is possible, depending on the information provided.  Your report will be documented and reported to the Title IX coordinator. A student who wishes to bring a complaint against a member of the administration/staff or faculty should consult the Title IX Coordinator.

Interim and Protective Measures
Interim and protective measures are support services, accommodations, and other assistance the university puts in place after receiving notice of incidents of relationship violence or sexual misconduct. These measures can be implemented before any final outcomes (investigatory, disciplinary, or remedial) have been determined. Interim measures are available even if an individual chooses not to report to law enforcement or participate in a university or criminal investigation. JSU will implement reasonably available interim measures to protect a claimant and facilitate the claimant’s continued access to university employment or education programs and activities. Interim measures may be both remedial, which are designed to address a claimant’s safety and well-being and continued access to education opportunities, or protective, which involve action against a respondent.

 

Education and Awareness Program
JSU has several methods of providing education about relationship violence and sexual misconduct to campus, including online and in-person training, educational and awareness campaigns, and other educational opportunities throughout the academic year. These educational programs are designed to:

-Raise awareness of the impact of relationship violence and sexual misconduct;
-Clearly communicate that relationship violence and sexual misconduct is prohibited at JSU;
-Reduce the prevalence of relationship violence and sexual misconduct;
-Connect students and employees with campus and community resources; and
-Encourage active bystander intervention and community involvement in shaping our campus culture.

Title IX Training – An Essential Guide to Title IX and MS State Law (Faculty/Staff)

Title IX Training – An Essential Guide to Title IX for Student Leaders

Title IX Training – Hearing Procedures for Title IX Complaints (Adjudicator Training)

Title IX Training – Title IX: In the Complaint Process (Investigator Training)

Title IX Training – Title IX Reporting: Housing and Residence Life Community Assistant

Title IX Training – Title IX Essentials: A Review of Sexual Misconduct Policies for Student-Athletes

Title IX Training – Title IX Reporting: A Title IX Guide for JSU Ambassadors

Title IX Training – An Essential Guide to Title IX for Students

Title IX Training – Title IX Essentials: Discrimination and Sexual Harassment in Athletics

Title IX Training – Title IX Essentials: Discrimination and Sexual Harassment in Athletics

Title IX Training – An Essential Guide to Title IX and MS State Law (Greek Life)

Consent
Clear and unmistakable agreement, expressed in mutually understandable words or actions, to engage in a particular activity. Consent can be withdrawn by either party at any point. Consent must be voluntarily given and may not be valid if a person is being subjected to actions or behaviors that elicit emotional or psychological pressure, intimidation, or fear. Consent to engage in one sexual activity, or past agreement to engage in a particular sexual activity, cannot be presumed to constitute consent to engage in a different sexual activity or to engage again in a sexual activity.

Consent may be questioned if the consenter is found to have been under the influence of drugs and/or alcohol when consent was given. Consent CANNOT be given by a person who was incapacitated at the time due to alcohol, drugs or other factors including but not limited to:

1. The person is incapacitated due to the use or influence of alcohol or drugs;
   2. The person is asleep or unconscious;
   3. The person is under the applicable age of consent; or
   4. The person is incapacitated due to a mental disability.

 

Complainants/Respondents Rights

 

Complainant’s Rights

The University will provide a timely and thorough investigation, and will treat the complainant with respect before, during, and after the student conduct process. Barring any unforeseen circumstances, cases of sexual misconduct or sexual harassment shall be resolved within a 60 day period once the incident has been reported.

The complainant will be informed of the University’s conduct process and possible outcomes. The University will also inform the complainant of available counseling services, medical services, mental health services, and other campus and off campus resources for victims of sexual assault.

Complainants have the right to report a sexual assault to local law enforcement, which will not prevent University disciplinary action.

Complainants may request changes to academic and living situations after a sexual assault occurs. Title IX will assist to help facilitate such changes.

Complainants have the right to have one advisor throughout the student conduct process, including meetings and hearings. The advisor may not be a witness in the case. In meetings with Judicial Services or in a hearing, the advisor may not participate directly and may only communicate with the complainant via whispering or writing notes.

A complainant has a right to a campus “no-contact order,” which prohibits the alleged respondent from having contact of any kind (including electronic contact or contact from third parties acting on the alleged violator student’s behalf) with you.

The University will make reasonable efforts to protect confidentiality, within the parameters of FERPA (Family and Education Privacy Act of 1974), HIPAA (Health Insurance Portability and Accountability Act of 1996) and the University conduct process.

The complainant is afforded the right to be updated on the investigation and be informed of the outcome of a hearing.

The complainant has the right to have prior, irrelevant sexual behavior or history with other individuals excluded from a hearing. As a reminder, prior consensual behavior with the alleged respondent does not indicate consent on subsequent occasions.

Prior to a hearing, the complainant is allowed to inform the hearing officer of relevant witnesses the victim wishes to include at the hearing and to what the witnesses plan to testify.

Prior to a hearing, the complainant may also meet with a hearing officer to discuss hearing procedures.

During a hearing, the complainant has the right to give opening and closing statements and ask questions of the alleged respondent, via the hearing officer.

Once a decision has been rendered to the alleged respondent by the University, the complainant will be notified.  A complainant will also have the right to appeal the decision within 1 business days of receiving notification of the decision.

Rights of the Respondent 

The alleged respondent has similar rights to the complainant. The University will provide a timely and thorough investigation, and will treat the alleged respondent with respect before, during, and after the student conduct process.

The alleged respondent will be informed of the University’s conduct process and possible outcomes. The University will also inform the alleged violator of available resources, including counseling services, and other campus and off campus resources to assist with the process.

The alleged respondent has the right to have one advisor throughout the student conduct process, including meetings and hearings. The advisor may not be a witness in the case. In meetings with Judicial Services or in a hearing, the advisor may not participate directly and may only communicate with the alleged respondent via whispers or writing notes.

The University will make reasonable efforts to protect confidentiality, within the parameters of FERPA (Family and Education Privacy Act of 1974), HIPAA (Health Insurance Portability and Accountability Act of 1996), and the University conduct process.

The alleged respondent is afforded the right to be updated on the investigation and be informed of the outcomes of the process.

Prior to a hearing, the alleged respondent  is allowed to inform the hearing officer of relevant witnesses the alleged respondent wishes to include at the hearing and to what the witnesses plan to testify.

Prior to a hearing, the alleged respondent may also meet with a hearing officer to discuss hearing procedures.

During a hearing, the alleged respondent has the right to give opening and closing statements and ask questions of the witnesses and complainant, via a hearing officer.

The alleged respondent has the right to timely notice of a hearing as indicated in the Student Code of Conduct. The alleged respondent may waive the period of notice if desired.

 

Definitions

“Complainant” means a student who alleges to the higher education institution that he or she has been the victim of a violation of the comprehensive policy, regardless of whether the complaint was initially submitted to the higher education institution by him or her, or by someone else.

“Respondent” means a student involved in the complaint resolution procedure who has been accused of violating a higher education institution’s comprehensive policy.

“Comprehensive policy” means a policy created and implemented by a higher education institution to address student allegations of sexual assault, domestic violence, dating violence, and stalking.

“Confidential advisor” means a person who is employed or contracted by a higher education institution to provide support to student survivors, complainants, or respondents in the context of an investigation of alleged violation of the comprehensive policy described herein, or in seeking assistance or accommodations related to such an alleged violation.

“Confidential communication” means information exchanged between a survivor, complainant, or respondent and a confidential advisor during the course of the advisor providing support and assistance, including all records kept by the advisor concerning the survivor and services provided to the survivor, complainant, or respondent, except where failure to disclose the information would violate the law, would result in an imminent threat of physical harm, or would violate a professional oath or the requirements of a professional license.

“Sexual assault” means physical sexual contact attempted or perpetrated without a person’s consent, as defined by the higher education institution’s policy consistent with the requirements of this act.

“Domestic Violence” means a pattern of abusive behavior in any relationship that is used by one partner to gain or maintain power and control over another intimate partner. Domestic violence can be physical, sexual, emotional, economic, or psychological actions or threats of actions that influence another person. This includes any behaviors that intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure, or wound someone.

“Stalking” means purposefully engaging in a course of conduct directed at a specific person, or who makes a credible threat, and who knows or should know that the conduct would cause a reasonable person to fear for his or her own safety, to fear for the safety of another person, or to fear damage or destruction of his or her property, is guilty of the crime of stalking.

“Drug Facilitated Sexual Assault” means drugs and/or alcohol are often used to compromise an individual’s ability to consent to sexual activity as well as to minimize the resistance and memory of the victim of a sexual assault.

“Survivor” means any student who has experienced sexual assault, domestic violence, dating violence, or stalking while enrolled at a higher education institution, irrespective of whether or not he or she seeks disciplinary action under the comprehensive policy, accommodations, or confidential assistance.

“Diminished capacity” means an individual does not have the capacity to consent. Reasons for this inability to consent include, but are not limited to: sleeping, drugged, passed out, unconscious, mentally incapacitated, etc. It is important to understand diminished capacity because often times victims of sexual assault in these situations blame themselves because they drank, consumed drugs, etc. It is essential to emphasize that it is not his or her fault, that the aggressor is the one who took advantage of his or her diminished capacity.

“Witness” means a person who directly observes the alleged incident.