Sexual Misconduct

Civil Rights (Title IX) Policies and Procedures

Augustana College affirms its commitment to promote the goals of fairness and equity in all aspects of the educational enterprise.

The policies and procedures identified on this website pertain to discrimination and bias related misconduct and include all forms of sexual misconduct such as harassment, non-consensual contact, rape and exploitation. Other inappropriate conduct such as hazing, bullying and stalking is also included here. [1]

Augustana resolves discrimination complaints using a centralized procedure called the Equity Grievance Process. This process is based on an Office for Civil Rights compliant model[2] called the “One Policy, One Process Model,” hereafter referred to as the 1P1P model[3]. The Equity Grievance Process is applicable regardless of the status of the parties involved, who may be members or non-members of the campus community, students, student organizations, faculty, administrators and/or staff.

Reports of discrimination, harassment and/or retaliation should be made promptly. There is no time limitation on the filing of grievances as long as the accused individual remains subject to the College’s jurisdiction.

Inquiries about these policies and related resolution processes may be made internally to:

Beth Torkelson, Assistant Dean of Students (Title IX Coordinator)
Dean of Students Office, Mortenson Center #116,
Augustana College, 2001 S. Summit Avenue, Sioux Falls, SD 57197
Office: 605.274.4124, Email: beth.torkelson@augie.edu

Inquiries may be made externally to:

Office for Civil Rights (OCR), U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202-1100
Customer Service Hotline: 800.421.3481
Email: OCR@ed.gov
Web: www.ed.gov/ocr

Overview

Policy Statements

  1. Nondiscrimination
  2. Accommodation of Disabilities (Students and Employees)
  3. Discriminatory Harassment
  4. Sexual Misconduct (Harassment, Non-Consensual Contact, Exploitation, etc.)
  5. Other Civil Rights Offenses (Threatening, Hazing, Bullying, Stalking, etc.)
  6. Retaliation
  7. Remedial Action
  8. Confidentiality (and reporting offenses)
  9. Timely Warnings

Resolution Procedures and Remedies

  1. Equity Grievance Panel
  2. Filing a grievance
  3. Grievance intake
  4. Investigation
  5. Interim remedies
  6. Grievance resolution
    1. Conflict resolution
    2. Resolution without a hearing
    3. Formal hearing
  7. Formal Equity Grievance Panel (EGP) Procedures
    1. Hearing Panel
    2. Notification of charges
    3. Hearing procedures
    4. Decisions
    5. Sanctions (student sanctions and employees sanctions)
    6. Enrollment withdrawal or employee resignation while charges pending
    7. Appeals
    8. Failure to comply with responsive actions
    9. Records
    10. Statement of rights (rights for party bringing grievance, rights for responding party)

Revisions


[1]Recent guidance from the U.S. Department of Education’s Office for Civil Rights clarifies that sexual harassment includes all forms of sexual violence including sexual misconduct, exploitation, stalking and other related policies as defined in this publication.

[2]The College is continuing a review of its policies and resolution procedures to ensure that processes, protocols and resources are in compliance with guidance issued by the U.S. Department’s Office for Civil Rights. During this process, content appearing on this website supersedes all print documents and will serve as the essential resource for current practice.

[3]Augustana’s use of the 1P1P model is permitted through a license granted by The National Center for Higher Education Risk Management and the Association for Title IX Administrators. All other rights reserved by The NCHRM Group, LLC/ATIXA ©2013

[4] These policies and procedures will be reviewed and updated annually by the Title IX Coordinator and Deputy Coordinators.  The Title IX Coordinator may make minor modifications to procedure that do not materially jeopardize the fairness owed to any party. However, the Title IX Coordinator may also vary procedures materially with notice (on the institutional web site, with appropriate date of effect identified) upon determining that changes to law or regulation require policy or procedural alterations not reflected in this policy and procedure.  Procedures in effect at the time of its implementation will apply.  Policy in effect at the time of the offense will apply even if the policy is changed subsequently, unless the parties consent to be bound by the current policy