1.6.4 - Response
Campus administrators will respond efficiently and effectively when Sex Discrimination is reported. Xavier has established the following guidelines pertaining to how Xavier responds to Sex Discrimination:
For all forms of Sex Discrimination, where applicable depending on particular circumstances of the situation:
- Depending on when reported (immediate vs delayed report), the University will provide the Reporting Party with access to medical care and assess immediate safety needs.
- The University will assist the Reporting Party with contacting local police if the Reporting Party requests and will provide the Reporting Party with contact information for local police department.
- The University will provide written information to the Reporting Party on how to preserve evidence.
- The University will assess the need to implement interim or long-term protective measures, such as housing changes, change in class schedule, "No Contact" directives.
- The University will provide a copy of the Sex Discrimination Policy to the Reporting Party and inform the Reporting Party regarding time frames for inquiry, investigation and resolution.
- The University will inform the Reporting Party of the outcome of the investigation, whether or not the Responding Party will be administratively charged, and what the outcome of the hearing is.
- The University will enforce the anti-retaliation policy and take immediate and separate action against parties who retaliate against a person for complaining of sex-based discrimination or for assisting in the investigation.
126.96.36.199 - Confidentiality of Reports
The university will protect the identity of persons who report having been victims of Sexual Harassment, Non-Consensual Sexual Contact, Non-Consensual Sexual Intercourse, Stalking, Domestic Violence, Dating Violence, Other Gender-Based and Sexual Misconduct, and Retaliation to the fullest extent of the law and as previously mentioned in this document.
All individuals with knowledge of Sex Discrimination are encouraged to report the incident to Xavier University so that Xavier can effectively respond to gender-based and sexual misconduct, and ensure a safe, nondiscriminatory environment for all community members. Most Xavier employees who receive information about Sex Discrimination must report it to the Chief Title IX Officer so that they can respond promptly and in compliance with all federal, state, and other applicable law. Confidential resources not required to report to the Chief Title IX Officer include rape crisis advocates, mental health counselors, campus health center professionals and clergy functioning as a pastoral counselor. Individuals experiencing Sex Discrimination should review Xavier's Gender-Based and Sexual Misconduct Reporting and Support Options resource sheet, which can be located at https://www.xavier.edu/titleix/documents/xavier-gender-based-sexual-misconduct-reporting-support-options.pdf.
In accordance with Title IX, Xavier prohibits retaliation and will not only take steps to prevent retaliation but will also take strong responsive action if it occurs.
Even if an individual who has been negatively affected by sex discrimination does not want to pursue the matter through the student conduct process or the criminal justice system, they should still consider making a confidential report to Xavier. The purpose of the confidential report is to maintain confidentiality while allowing Xavier to take steps to ensure the future safety of the individual and the community. Anonymous reports can be made by calling the Anonymous Reporting Hotline at 855-481-6238 or submitting an anonymous report online by following the link on the Audit and Risk Management's website (www.xavier.edu/risk-management).
By reporting the incident, Xavier can keep an accurate record of the number of reported incidents involving students, determine where there is a pattern of sex discrimination with regard to a particular location, method, or assailant, alert the campus community to potential danger, and initiate the Student Conduct Process. Pursuant to the Clery Act, reports of certain types of Sex Discrimination to Xavier (including but not limited to reports to the Chief Title IX Officer, Residence Life, Resident Assistants, the Dean of Students, the Center for Diversity and Inclusion, the Anonymous Reporting Hotline, the Xavier University Police Department, and any other Xavier faculty, staff or administrator) must be counted and disclosed in the annual crimes statistics for Xavier. Xavier's annual crime statistics report does not reveal the identities of the persons involved. Disclosure of the reported incident for inclusion in the annual crimes statistics does not typically involve disclosure of personally identifiable information within Xavier except to the extent necessary to ensure the incident is not double counted. Only reports to pastoral and professional counselors (i.e., counselors at the Health and Wellness Center and Psychological Services Center) acting in their role of pastoral or professional counselor may not be disclosed and counted in the annual crimes statistics for Xavier.
If an individual who has been negatively affected by Sex Discrimination reports the incident and requests confidentiality or asks that the complaint not be pursued through the Student Conduct Process, Xavier will still take all reasonable steps to investigate and respond to the complaint consistent with the request for confidentiality or request not to pursue the investigation. Individuals should be aware that Xavier's ability to respond (including sanctioning the alleged perpetrator through the Student Conduct Process) may be limited by such a request. Still, Xavier will pursue other steps to limit the effects of the alleged discrimination and prevent its recurrence. See Section 3.3 ("Interim Measures for Individuals and/or the Campus Community") of this Handbook.
Xavier must evaluate all requests for confidentiality in the context of its responsibility to provide a safe and nondiscriminatory environment for all students. When weighing a student's request for confidentiality that could preclude a meaningful investigation or potential discipline of the alleged perpetrator, Xavier will consider a range of factors. These factors include circumstances that suggest there is an increased risk of the alleged perpetrator committing additional acts of sexual violence or other violence (e.g., whether there have been other sexual violence complaints about the same alleged perpetrator, whether the alleged perpetrator has a history of arrests or records from a prior school indicating a history of violence, whether the alleged perpetrator threatened further sexual violence or other violence against the student or others, and whether the sexual violence was committed by multiple perpetrators). These factors also include circumstances that suggest there is an increased risk of future acts of sexual violence under similar circumstances (i.e., whether the student's report reveals a pattern of perpetration, via illicit use of drugs or alcohol, at a given location, or by a particular group). Other factors that should be considered in assessing a student's request for confidentiality include whether the sexual violence was perpetrated with a weapon; the age of the student subjected to the sexual violence; and whether the school possesses other means to obtain relevant evidence (i.e., security cameras or personnel, physical evidence). The Chief Title IX Officer or the designee in their absence will be responsible for evaluating request for confidentiality.
Accordingly, Xavier cannot guarantee absolute confidentiality in response to every request, but will inform the person requesting confidentiality if it cannot ensure confidentiality in light of the foregoing factors.