Sexual Misconduct Policy

Title IX of the Educational Amendments of 1972 protects people from sex discrimination in educational programs and activities at institutions that receive federal financial assistance. Emory University has two primary policies that prohibit conduct constituting sexual discrimination and sexual misconduct, Policy 1.3 - Equal Opportunity and Discriminatory Harassment Policy, and Policy 8.2 – Sexual Misconduct Policy.

Polcies graphic

Emory fosters a safe learning and working environment that supports academic and professional growth of students, staff, and faculty. Emory does not tolerate sexual misconduct in its community and will take prompt action when misconduct occurs. The university takes seriously every allegation or report of sexual misconduct received. Sexual Misconduct is broadly defined to include sexual harassment, sexual violence, sexual assault, intimate partner violence, domestic violence, dating violence, stalking, and other behavior of an unwelcomed sexual nature.

Emory University’s Title IX Officials include a University Coordinator, a Coordinator for Students, and eleven (11) Deputy Coordinators. The University Coordinator and Coordinator for Students are:

Lynell A. Cadray
University Title IX Coordinator and
Associate Vice Provost
Office of Institutional Equity and Inclusion
Emory University
Administration Building
201 Dowman Drive, Suite 305
Atlanta, Georgia 30322
Tel: 404-727-2611; Fax: 404-712-9108
lynell.cadray@emory.edu

Judith Pannell
Director, Title IX Coordinator for Students
Office of Title IX, Emory University
Administration Building
201 Dowman Drive, Suite 305
Atlanta, Georgia 30322
Tel: (404) 727-4079; Fax: 404-712-9018
Fax: (404) 727-0281
judith.pannell@emory.edu

The Title IX Deputy Coordinators are based in each school and in the Division of Campus Life and their contact information can be found at http://sexualmisconductresources.emory.edu/coordinators/index.html.

Emory University’s response to allegations of sexual misconduct is intended to ensure that all parties involved receive appropriate support and fair treatment, and that allegations of sexual misconduct are handled in a fair, prompt, thorough and impartial manner, from initial investigation to the final result, whether proceedings are formal or informal.

Policy 8.2

Policy 8.2

University Policy 8.2 addresses processes for allegations of student-on-student sexual misconduct. The policy states that Title IX of the Education Amendments of 1972 protects people from discrimination in educational programs and activities at institutions that receive federal financial assistance, and states that Emory University will take seriously every allegation or report of sexual misconduct received. Policy 8.2 further –

  • Provides contact information for the University Title IX Coordinator, the Title IX Coordinator for Students, and the university’s eleven Deputy Title IX Coordinators, with whom complaints under the policy may be filed.
  • Sets forth key definitions for sexual misconduct, sexual harassment, consent, dating violence, domestic violence and stalking.
  • Strongly encourages all persons with knowledge about an incident of sexual misconduct to promptly report alleged sexual misconduct to the Emory Police Department or to local law enforcement authorities, and mandates that every university employee who is informed about an allegation of sexual misconduct notify a Title IX Coordinator either directly or through the relevant reporting structure. The policy exempts medical providers, therapists, and professional and pastoral counselors, from the requirement to report, but they may do so consistent with their ethical rules, including reporting of de-identified information for statistical reporting purposes.
  • Informs students affected by sexual misconduct that a variety of support resources are available on campus and in the community, including healthcare, counseling, advocacy or peer support, and other services, with web links to the most up to date list of resources.
  • Describes a range of accommodations and interim measures that are available to students involved in allegations of sexual misconduct, regardless of whether formal conduct proceedings are instituted, including: academic/course changes, housing assignments, safety escorts, safety/crime prevention briefings, and other or safety measures. Interim restrictions, considered on a case-by-case basis, may include: no-contact or stay away orders between involved parties, interim suspension, temporary exclusion from areas of campus, removal from or relocation to another residence hall, changes in academic/course schedules, or limiting participation in certain events, gatherings or activities, among other discretionary measures available to university Title IX officials.
  • Expressly prohibits retaliation directed at an individual who files a complaint or is involved in the adjudicatory process under policy 8.2.
  • Describes the Title IX Coordinator for Students’ role in coordinating and overseeing investigations and adjudication of complaints, designed to reasonably minimize the recurrence of the alleged conduct as well as mitigate the effects of harassment.
  • Sets forth what is to be expected by parties in a Title IX process, including: (a) the right to be assisted by an advisor of choice, including an attorney, whose principal role is to serve as a support to a complainant or respondent, and not as a representative or advocate in interactions with university officials; (b) the right to a prompt, fair, and impartial investigation, which typically will be completed within 60 days; (c) that procedures for institutional disciplinary action will be conducted by officials who receive annual training on the issues related to domestic violence, dating violence, sexual assault and stalking, and who must disclose any conflicts of interest; (d) accepting responsibility for alleged conduct, or, if allegations are contested, hearing procedures and the right of parties to be present for a hearing except for deliberations or recesses by the hearing panel, to access to information that will be used at a hearing and to be provided with equivalent opportunities to present relevant evidence and witnesses; (e) the right of a complainant to decline to be physically present in the same room as a respondent during a hearing, and for a party to be free from direct questions from another party in the hearing, but parties have the ability to ask questions through the hearing panel; (f) the typical time frame for board decisions; (g) the applicability of the preponderance of the evidence standard; (h) the right to and process for an appeal, among other expectations/rights of the parties.
  • Sets forth a full range of sanctions that can be considered for a finding of a violation of Policy 8.2, without limitation.
  • Includes contact information for emergencies, the Emory Police Department, the Emory Trust Line, and other resources also available to students.

Emory University Policy 8.2, addressing sexual misconduct, complies with the Campus Sexual Assault Victims' Bill of Rights enacted by the U.S. Congress as a part of the Higher Education Amendments of 1992.

In cases of Sexual Assault on Campus: 

  • Complainant/survivor will be informed of options to notify law enforcement.
  • Complainant and respondent must have the same opportunity to have others present for support and consultation. 
  • Both parties shall be informed of the outcome of any disciplinary proceeding.
  • Complainant/survivor will be notified of counseling services.
  • Complainant/survivor will be notified of options for changing academic and living situations.

Policy 1.3

Policy 1.3

University Policy 1.3 is Emory University’s Equal Opportunity and Discriminatory Harassment Policy, reflecting Emory’s commitment to maintaining an environment that is free of unlawful discrimination or harassment against any individual or group based upon race, color, religion, ethnic or national origin, gender, genetic information, age, disability, sexual orientation, gender identity, gender expression, veteran’s status, or any factor that is a prohibited consideration under applicable law. The policy applies to persons who are employees and students of Emory University, vendors, contractors, guests, patrons, and other third parties participating in any Emory-sponsored event or program, whether on or off campus, and to such persons in other situation in which the respondent is acting as a member of the Emory community.

Sexual misconduct and harassment complaints against employees and other non-students are handled under Policy 1.3. Such complaints against students who are acting in the capacity of an employee shall also be handled under Policy 1.3 and by the Director of the Office of Equity and Inclusion (OEI) and/or the Title IX Coordinator. However, a student acting in an employment capacity may also be subject to Policy 8.2 as well as any applicable employment policies.

OEI contact information:
Maurice Middleton
Director
Office of Equity and Inclusion 
Emory University
201 Dowman Drive
Administration Building, Suite 305
Atlanta, Georgia 30322
MS: 1000-001-1AX
Tel: (404) 727-6198; Fax (404) 712-9108
maurice.middleton2@emory.edu

or

Lynell A. Cadray
Associate Vice Provost
Office of Equity and Inclusion
University Title IX Coordinator
Emory University
201 Dowman Drive
Administration Building, Suite 305
Atlanta, Georgia 30322
MS: 1000-001-1AX
Tel: (404) 727-2611; Fax: (404) 712-9108
lynell.cadray@emory.edu

Pursuant to Policy 1.3, an allegation involving discriminatory harassment of a sexual nature can include subjecting a person to egregious, unwelcome sexual attention, physical or verbal advances, sexual flirtations or propositions, vulgar talk or jokes, degrading graphic materials or verbal comments of a sexual nature about an individual’s appearance, or the display of sexually suggestive objects outside a scholarly context and purpose. Sexual harassment includes sexual misconduct, sexual violence, sexual assault, intimate partner violence, staking, and gender-based bullying.

Policy 1.3 further–
  • Provides contact information for the Office of Equity and Inclusion, the entity responsible for coordinating investigations under Policy 1.3.
  • Sets forth key definitions for sexual misconduct, sexual harassment, consent, intimate partner violence, non-consensual sexual contact and intercourse, and stalking, among other key terms.
  • Strongly encourages all persons with knowledge about an incident of discrimination, including sexual harassment or misconduct, to promptly report alleged conduct to the Office of Equity and Inclusion. Emory faculty, administrators and supervisors are required to report any employment complaints they receive or incidents of discriminatory harassment they witness to their immediate supervisor or to the Office of Equity and Inclusion.
  • Expressly prohibits retaliation directed at an individual who files a complaint or participates in an investigation or hearing in good faith. Policy 1.3 also places individuals on notice that anyone who knowingly makes a false or bad faith accusation of discrimination, harassment, or retaliation will be subject to appropriate sanctions.
  • States that the university’s response to allegations or reports of discrimination or harassment is intended to ensure that all parties involved receive fair treatment, and that allegations are handled in a prompt, thorough and equitable manner.
  • Explains the OEI process, including: (a) the ability to report an incident of discrimination or discriminatory harassment and to initiate a complaint with OEI, or to report the incident to an immediate supervisor, department head or Dean, who will immediately notify OEI of the report; (b) the handling of the investigation by OEI (or designee) in a prompt (typically within 45 days), fair and thorough, and confidential manner; (c) that the complainant and respondent will be kept apprised of the conduct of the investigation and their opportunity to provide any additional relevant information to the investigator; (d) the availability of interim emergency action which can be imposed by a Dean or equivalent division head, pending conclusion of the investigation; (e) that the final determination by OEI will only state whether, based on the investigation, there was a violation of Policy 1.3, which will be provided to the appropriate management official, Dean or division head for an ultimate imposition of sanction/action within one month after receiving the OEI determination; (f) notification by the management official, Dean or division head of the sanction or action imposed, if any; (g) a list of sanctions, which may include a reprimand, a requirement to attend training, appropriate workplace restrictions, denial of employment benefit, promotion, or reassignment, suspension or separation from the university, among other actions; (h) for issues specific to faculty, e.g., when a bona fide question arises out of a conflict between the principles of academic freedom and Policy 1.3, there is a faculty review panel convened; (i) information on how to file an external complaint with the U.S. Department of Education Office of Civil Rights (OCR).
  • Includes contact information for emergencies, the Emory Police Department, the Emory Trust Line, Faculty Staff Assistance Program, The Respect Program, and other resources available to the Emory community.

Emory provides written notification to students and employees about existing counseling, health, mental health, victim advocacy (which includes legal assistance), financial aid assistance, visa/immigration information, and other services available for victims, both within the institution and in the community. This information can be found on this website.

Making Reports

Following is a reference list of offices (located on and off-campus) that a student may contact to make a non-confidential report of a possible sexual assault, as well as offices to seek confidential mental health services, counseling services, and survivor advocate services:

Making Reports

Emory University Campus

  • To Make a Report, Call: EPD at (404) 727-6111; University Title IX Coordinator (404) 727-2611; Title IX Coordinator for Students (404) 727-7195; and a full list of eleven (11) Deputy Title IX Coordinators in Policy 8.2.
  • For Counseling and Support, Call: Emory Counseling and Psychological Services at (404) 727-7450; Day League (formerly DeKalb Rape Crisis Center) at (404) 377-1428.
  • For Confidential Survivor Advocacy and Accompaniment, Call: Respect Program Support Hotline (470)270-5360 (24/7) or 404-727-1514 (during business hours for non-emergencies); Day League (formerly DeKalb Rape Crisis Center) at (404) 377-1428.

Oxford College Campus

  • To Make a Report, Call: EPD at (770) 784-8377; Campus Life at (770) 784-8391; (770) 784-8383; University Title IX Coordinator (404) 727-2611; Title IX Coordinator for Students (404) 727-7195; Deputy Title IX Coordinator for Oxford College at (770) 784-8383; or contact any Residence Life Coordinator (RLC), by calling the Student Center Desk at (770) 784-8888.
  • For Counseling and Support, Call: Any Residence Life Coordinator (RLC) who is available to assist sexual assault victims on a 24-hour a day basis; Oxford College Counseling and Career Services weekdays between 9AM and 5PM at (770) 784-8394.
  • For Confidential Survivor Advocacy and Accompaniment, Call: Respect Program Support Hotline  (470)270-5360 (24/7) or 404-727-1514 (during business hours for non-emergencies).

Emory University Hospital Midtown Campus

  • To Make a Report, Call: The Emory Police Department at (404) 686-2597or EHC Public Safety at (404) 686-2597.
  • For Counseling and Support, Call: Emory Counseling and Psychological Services at (404) 727-7450; Grady Rape Crisis Center at (404) 616-4861.
  • For Confidential Survivor Advocacy and Accompaniment, Call: Respect Program Support Hotline at (470)270-5360 (24/7) or 404-727-1514 (during business hours for non-emergencies); Day League (formerly DeKalb Rape Crisis Center) at (404) 377-1428.

Carter Center Campus

  • To Make a Report, Call: Carter Center Security Department at Ext. 106 (internal call) or at (404) 420-5106 (external call); or City of Atlanta Police at 911.
  • For Counseling and Support, Call: Emory Counseling and Psychological Services at (404) 727-7450; Grady Rape Crisis Center at (404) 616-4861.
  • For Confidential Survivor Advocacy and Accompaniment, Call: Respect Program Support Hotline at (470)270-5360 (24/7) or 404-727-1514 (during business hours for non-emergencies); Day League (formerly DeKalb Rape Crisis Center) at (404) 377-1428.

Emory University Grady Area Campus

  • To Make a Report, Call: Facility Security at (404) 557-8106; or the City of Atlanta Police at 911.
  • For Counseling and Support, Call: Emory Counseling and Psychological Services at (404) 727-7450; Grady Rape Crisis Center at (404) 616-4861; Respect Program (404) 727-1514.
  • For Confidential Survivor Advocacy and Accompaniment, Call: Respect Program Support Hotline at (470)270-5360 (24/7) or 404-727-1514 (during business hours for non-emergencies); Day League (formerly DeKalb Rape Crisis Center) at (404) 377-1428.

Emory Johns Creek Hospital Campus

  • To Make a Report, Call: Security at (678) 474-8132; or Johns Creek Police at 911.
  • For Confidential Counseling and Support, Call: Emory Counseling and Psychological Services at (404) 727-7450; Grady Rape Crisis Center at (404) 616-4861; Respect Program (404) 727-1514.
  • For Confidential Survivor Advocacy and Accompaniment, Call: Respect Program Support Hotline at (470)270-5360 (24/7) or 404-727-1514 (during business hours for non-emergencies); Day League (formerly DeKalb Rape Crisis Center) at (404) 377-1428.

Emory Saint Joseph’s Hospital Campus

  • To Make a Report, Call: Security at (678) 843-7568 (external) or 3-7568 (internal); or the Sandy Springs Police at 911.
  • For Counseling and Support, Call: Emory Counseling and Psychological Services at (404) 727-7450; Grady Rape Crisis Center at (404) 616-4861; Respect Program (404) 727-1514.
  • For Confidential Survivor Advocacy and Accompaniment, Call: Respect Program Support Hotline at (470)270-5360 (24/7) or 404-727-1514 (during business hours for non-emergencies); Day League (formerly DeKalb Rape Crisis Center) at (404) 377-1428.

Post-Report Procedures

Post-Report Procedures

Once an alleged assault has been reported to the University, the appropriate campus police and/or local police authorities may be notified depending on the circumstances, including whether the victim wishes to pursue a police report and investigation. If a student or employee does not initially report the alleged assault to a law enforcement agency, the student or employee is made aware that the option to report the occurrence to either the appropriate campus police or local police authorities exists, and upon request by the student or employee, the University, through EPD, will provide assistance in doing so. The student or employee is also informed of the option to decline to notify such authorities and, where applicable, also of the rights of victims and the types of support the University  can provide regarding  orders of protection, no contact orders, restraining orders, or similar lawful orders issued by a criminal, civil, or tribal court.

The victim of an alleged sexual assault should take care to preserve any evidence that may be necessary to prove the occurrence of the alleged criminal assault. In this respect, after an alleged assault has occurred, victims are advised to consult law enforcement authorities before showering/bathing or changing or laundering any clothing that was worn during the assault. More sexual assault resource information, including considerations for preserving physical evidence, is available on the Emory University Sexual Misconduct Resources Page in the Respect Program Student Resource Guide.

When a student or employee reports to the university that the student or employee has been a victim of dating violence, domestic violence, sexual assault, or stalking, whether the offense occurred on or off-campus, the university will provide the student or employee a written explanation of the student’s or employee’s rights and options. The written notification includes an explanation of institutional disciplinary proceedings in cases of alleged dating violence, domestic violence, sexual assault, or stalking.

The written notification addresses options for, available assistance in, and how to request changes to academic, living, transportation, and working situations or protective measures. The university makes accommodations or provides protective measures, if so requested by the victim and if such assistance and accommodations are reasonably available, regardless of whether the victim chooses to report the crime to campus police, local law enforcement, or institute formal conduct proceedings. Interim restrictions and accommodations are considered on a case-by-case basis by the Title IX Coordinator for Students. Provision of accommodations or protective measures will be kept confidential to the extent that maintaining such confidentiality would not impair the ability to provide these measures.

The University may also impose any interim restrictions or take interim emergency action pending the institutional response to an allegation or resolution of sexual misconduct allegations. Interim actions may include no-contact or stay away orders between the complainant and the respondent, interim suspension, workplace restrictions and accommodations, temporary exclusion from areas of campus, removal from or relocation to another residence hall, changes in academic/course or work schedules, or limiting participation in certain events, gatherings, or activities, among other measures. Interim measures are not be construed to suggest that any decision has been made about the merits of the cases.

The University may proceed with disciplinary and/or remedial actions in accordance with Policies 1.3 and 8.2. Pursuant to Policy 8.2, the complainant and respondent are entitled to the same opportunities to be accompanied in a disciplinary hearing by an advisor or attorney of their choice; however, advisors or attorneys supporting students in disciplinary proceedings are not permitted to advocate on behalf of or represent a student during conduct proceedings. Disciplinary proceedings for allegations of sexual misconduct are conducted by officials who receive annual training on the issues related to domestic violence, dating violence, sexual assault, and stalking, and how to conduct investigations and hearing processes that protect the safety of the parties involved and promotes respect, fairness and accountability. The investigation, adjudication, hearing, and appeals process shall be conducted in accordance with Sections 8.2.2, 8.2.3, and 8.2.3.1 of the Sexual Misconduct Policy

Investigation Procedures

Section 8.2.2

Sexual misconduct allegations are handled pursuant to Section 8.2.2 of Policy 8.2. The Title IX Coordinator for Students is primarily responsible for coordinating responses to complaints of possible violations of the policy, directly overseeing the investigation and adjudication of complaints, and coordinating possible remedial actions or other responses designed to reasonably minimize the recurrence of the alleged conduct as well as mitigate the effects of the harassment. The Title IX Coordinator for Students will ensure prompt, fair, and impartial investigations and resolutions of complaints alleging violations of this policy. In most cases, an investigation will be completed within 60 days; however, a longer period may be needed in some more complex cases.

The procedures for institutional disciplinary action will be conducted by officials who receive annual training on the issues related to domestic violence, dating violence, sexual assault, and stalking. The officials, who are members of the Emory University community, will handle matters under Policy 8.2 promptly and equitably.

When conducting the investigation, the university’s primary focus will be on addressing the sexual assault and not on other Emory University alcohol or other drug policy violations that may be discovered or disclosed. Emory encourages reporting and seeks to remove any barriers to reporting. Emory recognizes that an individual who has been drinking or using drugs at the time of the incident may be hesitant to make a report because of potential student Conduct Code consequences for the individual who reports. An individual who reports sexual misconduct, either as a Complainant or a third party witness, will not be subject to disciplinary action by the university for personal consumption of alcohol or drugs at or near the time of the incident, provided that any such violations did not and do not place the health or safety of any other person at risk. At the conclusion of the investigation, the Title IX Coordinator for Students may initiate an educational discussion or recommend other educational or therapeutic remedies regarding alcohol or other drugs for the reporting individual(s).

The complainant and respondent may each be assisted by an advisor of choice during any investigative meeting or pre-hearing conference that a university official schedules with a complainant or respondent. The principal role of an advisor is to serve as a support to a complainant or respondent, and not as a representative or advocate in interactions with university officials.

The filing of a sexual misconduct complaint under Policy 8.2 is independent of any criminal investigation or proceeding, and except in cases where it is determined that a conduct proceeding might impede a criminal investigation or otherwise not be in the best interests of the law enforcement agency, a complainant, or the university, a university investigation will not wait for the conclusion of any criminal proceedings to commence its own investigation and take needed interim measures.

Investigation of a Complaint and Notice of Charges of Alleged Policy Violation. Title IX Coordinator for Students will appoint a team of investigators to examine each complaint received. The investigators will conduct a prompt, thorough, and impartial investigation of the complaint. The investigation may involve interviews of a complainant, respondent, or witnesses, collection of documents or other physical/electronic information, and other appropriate steps in conducting an investigation. Individuals who are interviewed during the investigation will be advised that the matter is confidential and that retaliation is prohibited by this Policy. A complainant and respondent may both provide information and suggestions to the investigators during the investigation, but the investigators have independent authority to conduct an investigation as best determined by the investigators. Neither a complainant nor respondent, or anyone on behalf of a complainant or respondent, is permitted to engage in any independent investigative activity that involves contacting individuals associated with the investigation and adjudication.

At the conclusion of the review, the investigators will submit a written Report of Findings to the Title IX Coordinator for Students detailing the information that was collected. The Title IX Coordinator for Students may ask further clarifying questions of the complainant, respondent, or witnesses to supplement the Report of Findings.

The Title IX Coordinator for Students shall review the Report of Findings and determine whetherthere is sufficient information to support charging a student with a violation of Policy 8.2. If a determination is made that the available information will not support a violation, then the student will not be charged. If the Title IX Coordinator for Students determines that there is sufficient information that a student may have committed a violation of this Policy, then within 7 days after the report of findings is completed or supplemented, a written “Notice of Charges of Policy Violation” (“Notice of Charges”) will be provided to the respondent and the complainant with summary information that supports the charge(s).

Input from the Complainant Regarding the Method of Resolution. Early on in the investigation, the Title IX Coordinator for Students will seek to determine how the complainant wishes to proceed – whether the complainant wishes to pursue a formal resolution, seeks to resolve the allegation informally, or does not wish to pursue resolution of any kind.

A. If the complainant wishes to proceed with a formal resolution and the Title IX Coordinator for Students determines there is sufficient information to proceed with a disciplinary process, then a hearing will be conducted as outlined in section 8.2.3 (Hearing Procedures) of the policy.

B. If the complainant wishes to proceed with an informal resolution, the Title IX Coordinator for Students may elect to initiate an informal resolution process. However, a complainant (a) should never be required to work out a problem or resolve an issue directly with the respondent without school involvement; (b) must be advised of the right to end the informal process at any time and to begin to pursue a formal complaint process; and (c) should be notified that mediation is not appropriate, even on a voluntary basis, for sexual assault allegations. Additionally, a complainant and respondent must mutually consent to use of the informal resolution. The Title IX Coordinator for Students may elect not to pursue an informal resolution process if it is deemed not in the best interest of the involved parties or in the best interest of the university.

C. Even if the complainant does not wish to pursue resolution, requests that no action be taken, or requests that the complaint remain confidential or elects not to participate in the process, Emory has an obligation to respond to reports of sexual misconduct. The university’s ability to respond may be limited if a complainant wishes to remain anonymous. Also, no guarantees can be made to a complainant regarding confidentiality, but the Title IX officials will consider every request for confidentiality and significant weight will be given to honoring that request in determining a response to the report of sexual misconduct. In all cases, information will be treated with discretion and privacy but cannot always be handled confidentially. A student will not be required to make a formal report if the student is not ready to.

A request for confidentiality will be considered in the dual contexts of the university’s legal obligation to ensure a living and learning environment free from sexual misconduct and the due process rights of the respondent to be informed of the allegations and their source. Some level of disclosure may be necessary to ensure a complete and fair investigation, although the university will comply with requests for confidentiality to the extent possible. The complainant’s request may be weighed against the following factors in considering how to respond: the seriousness of the alleged sexual misconduct, the complainant’s age, whether there have been other complaints of sexual misconduct against the same respondent, and the respondent’s right to receive information about the allegations if the information is maintained by the university as an “education record” under Family Educational Rights and Privacy Act (FERPA).

Authority to Impose Interim Restrictions and Provide Accommodations. During the investigation and until resolution of allegations, the Title IX Coordinator for Students, University Title IX Coordinator, or designee, may issue interim restrictions, including, but not limited to the following: no-contact or stay away orders between the complainant and the respondent, interim suspension, temporary exclusion from areas of campus, removal from or relocation to another residence hall, changes in academic/course schedules, or limiting participation in certain events, gatherings, or activities, among other measures. Interim measures should not be construed to suggest that any decision has been made about the merits of the cases. Appeals must be submitted in writing to the University Title IX Coordinator within 7 days from the day the parties are notified about the interim restriction. The University Title IX Coordinator will review the materials within 5 days of receipt of the appeal and may affirm the original restriction; modify the restriction, which may be of greater or lesser severity, or dismiss the original restriction. The University Title IX Coordinator’s determinations on any interim restrictions are final and not appealable. Both parties shall receive simultaneous written notice of the outcome of the appeal.

Accommodations may be provided to individuals involved, regardless of whether formal conduct proceedings are instituted, including academic/course schedule changes; housing reassignments; safety escorts; safety/crime prevention briefings, and other protective or safety measures.Interim restrictions and accommodations are considered on a case-by-case basis by the Title IX Coordinator for Students. Interim restrictions may be appealed to the University Title IX Coordinator.

Hearing Procedures

Section 8.2.3

Hearing procedures are set forth in Section 8.2.3 of Policy 8.2. A hearing panel of three members is appointed within five (5) days of a charge of sexual misconduct, and a hearing occurs with within a minimum of ten (10) days after the appointment of a panel. In hearings under Policy 8.2.

  1. Both parties shall be given similar and timely access to information that will be used at the hearing and be given the substantially equivalent opportunities to present relevant evidence and witnesses.
  2. The proceedings shall be non-adversarial in nature. The chairperson of the Council is empowered to take such steps as may be necessary to preserve the non-adversarial character of the hearing.
  3. Both parties have the right to be present for the entire hearing, except for deliberations or recesses for the panel to discuss procedural issues.
  4. The university may require any student to attend and to give testimony relevant to the case under consideration. Signed, written statements of complainants from a respondent or from witnesses who cannot attend the hearing may be accepted at the discretion of the chairperson. The university may request the attendance of a faculty or staff member, or alternatively request that a faculty or staff member furnish a written statement.
  5. The complainant and respondent are both permitted to have an advisor of choice present at the board hearing. If an advisor attends a board hearing, the advisor is permitted to communicate with the student but not be directly involved in the proceeding. An advisor may attend the hearing to provide advice and support to a student, but is not permitted to make statements to the hearing panel or question hearing participants. While in a hearing, the advisor’s advice and support must be provided in a manner that does not disrupt the hearing. The chairperson for the board has discretion to place limitations or conditions on the advisor’s presence or participation, and in extreme cases, where an advisor fails to adhere to this policy and disrupts a board hearing, the advisor can be dismissed from a hearing. Any cost associated with the participation of an advisor is the sole responsibility of the individual seeking the advisor’s assistance.
  6. A complainant shall not be required to be physically present in the same room as the respondent, and at the discretion of the chairperson of the hearing panel, electronic participation by a complainant may constitute presence for purposes of any proceeding.
  7. Panel members shall be required to disclose any conflicts of interest relating to the allegations or the proceeding.
  8. Neither party shall be permitted to directly question each other or any witness at the hearing, but they may submit questions to the panel chairperson’s consideration.
  9. The panel chairperson will determine whether the panel can properly weigh or take into consideration any evidence offered by a party or witness, and will make determinations as to whether specific, requested questions can be asked by members of the panel the parties. These determinations shall be based on relevance. Rules of evidence applicable to criminal or civil court proceedings will not apply.
  10. There shall be a single verbatim record, such as a tape recording, of all hearings (not including deliberations). The recording shall be the property of the university. Documentation of conduct proceedings, including written findings of facts, transcripts, and any audio recordings, are maintained in accordance with the applicable university document retention records.
  11. For all cases, the standard that shall be used to determine whether a violation was committed is preponderance of the evidence, i.e., it is more likely than not that sexual misconduct occurred.
  12. After all admissible evidence has been reviewed the panel shall deliberate to decide the case. The respondent shall be found responsible or not responsible for each charge by a majority vote of the panel.

Appeals and Sanctions

Section 8.2.3.1

Appeals of determinations and sanctions made by the hearing board and Title IX Coordinator for Students can be pursued under Section 8.2.3.1 of Policy 8.2. Both parties shall have the right to appeal the outcome on any of the following grounds:

  1. To consider new information, sufficient to alter the decision or other relevant facts not brought out in the original hearing, because such information was not known or knowable to the person appealing during the time of the hearing.
  2. To allege a procedural error within the hearing process that may have substantially impacted the fairness of the hearing.
  3. To allege that finding was inconsistent with the weight of the information.

Appeals must be submitted in writing to the University Title IX Coordinator within 7 days from the day the parties are notified about the outcome of the case. Upon receipt of an appeal the University Title IX Coordinator will appoint an appellate review panel of 3 members from a pool of trained faculty, staff, and students. The panel will review the materials within 10 days of receipt of the appeal. The panel will examine all documentation of the hearing to determine if there is a reasonable basis for changing the outcome, and in its discretion, can hold an appellate hearing. The panel will issue a written determination of the appeal, or may request that the University Title IX Coordinator take appropriate steps in the appeal, which may include: affirm the original finding and sanction;affirmthe original finding but issue a new sanction, which may be of greater or lesser severity; remand the case back to the hearing body to correct a procedural or factual defect; or, dismiss the case if there was a procedural or factual defect that cannot be remedied by remand. The panel’s determinations are final and not appealable. However, the outcome of a remanded case may again be appealed under this provision.Both parties shall receive simultaneous written notice of the outcome of the appeal. Both parties shall receive simultaneous written notice of any change to the results that occurs prior to the time that such results become final; and when such results become final.

Policy 8.2 provides that Emory may impose a range of sanctions and protective measures following a final determination of a violation of the sexual misconduct code. The sanctioning decision will be informed by the degree to which the behavior was intentional, irresponsible, or without knowledge.

Factors pertinent to the determination of what sanction applies include, but are not limited to, the nature of the conduct at issue, prior disciplinary history of the respondent (shared with a panel only upon a finding of responsibility to the allegation), respondent’s willingness to accept responsibility for the respondent’s actions, previous university response to similar conduct, and university interests.

The broad range of sanctions includes:

Expulsion. Students found responsible for engaging in actual or attempted sexual penetration without consent, or who are found responsible for repeated sexual misconduct, should be prepared to be permanently separated from the university.

Suspension for an identified time frame or until satisfaction of certain conditions, or both;

Temporary or permanent separation of the parties (e.g. only: change in classes, reassignment of residence, no contact orders, limiting geography where parties may go on campus) with additional sanctions for violating orders;

Successful completion of sexual or relationship sensitivity training/awareness education program/bystander intervention training;

Successful completion of alcohol and other drug awareness and abuse prevention program;

Counseling or mentoring;

Educational programs that focus on rehabilitation of the mindset;

Volunteering/Community Service requirements;

Loss of university privileges;

Delays in obtaining administrative services and benefits from the university (e.g only: holding transcripts, delaying registration, graduation, diplomas);

Additional academic requirements relating to scholarly work or research on sexual assaults or sexual assaults on university campuses;

Financial restitution (payments) to any individual(s) who were injured or impacted by the Respondent’s conduct; and

Any other discretionary sanctions that are directly related to the violation or conduct and that are aimed at eliminating sexual misconduct, preventing its recurrence, and addressing its effects.

Under Policy 1.3, the Dean or division head will be responsible for deciding upon and imposing disciplinary action as soon as reasonably possible. The sanctions may include, but are not limited to, an apology to the victim; a verbal or written reprimand; a requirement to attend remedial training; appropriate workplace restrictions; denial of a merit pay increase or other benefit; denial of promotion; or reassignment, suspension or separation from the University.

To the extent permissible by law, the University will not disclose any identifying information about the victim in any publicly-available recordkeeping without the prior written consent of the victim. Policy 8.2 requires the University to provide to parties simultaneous written notice of the outcome of the disciplinary process (hearing outcome, appeal outcome, sanction and remedy). In addition, the University shall, upon written request, disclose to the alleged victim of a crime of violence (as that term is defined in Section 16 of Title 18 US Code), or a non-forcible sex offense, the report on the results of any disciplinary proceeding conducted by the University against a student who is the alleged perpetrator of such crime or offense. If the alleged victim is deceased as a result of such crime or offense, the next of kin of such victim shall be treated as the alleged victim for the purposes of this paragraph.

Prevention & Awareness Campaigns

Ongoing Prevention and Awareness Campaigns for Students and Employees

The University conducts wide-reaching educational programs to make both students and employees aware of and to attempt to minimize incidents of sexual misconduct and sexual and interpersonal violence, including rape, acquaintance rape and other forcible and non-forcible sex offenses, domestic violence, dating violence, and stalking. The education programs include Emory University policy statements that the crimes of dating violence, domestic violence, sexual assault and stalking are prohibited by the university.

Education around University Policy 8.2 – Sexual Misconduct includes the following definitions of dating violence, domestic violence, non-consensual sexual contact, non-consensual sexual intercourse, sexual harassment, sexual misconduct, stalking, among other key terms.

Consent. Consent is clear, unambiguous, and voluntary agreement between participants to engage in specific sexual activity. Consent is active, not passive, and is given by clear actions or words. Consent may not be inferred from silence, passivity, or lack of active resistance alone. A current or previous dating or sexual relationship is not sufficient to constitute consent, and consent to one form of sexual activity does not imply consent to other forms of sexual activity. Being intoxicated does not diminish one’s responsibility to obtain consent. In some situations, an individual may be deemed incapable of consenting to sexual activity because of circumstances or the behavior of another, or due to their age.[1] Examples of such situations include, but are not limited to, incompetence, impairment from alcohol and/or other drugs, fear, unconsciousness, intimidation, coercion, confinement, isolation, or mental or physical impairment.

Dating violence. Violence committed by a person: who is or has been in a social relationship of a romantic or intimate nature with the victim; and where the existence of such a relationship shall be determined based on a consideration of the following factors: the length of the relationship; the type of relationship; and the frequency of interaction between the persons involved in the relationship.

Domestic violence. A felony or misdemeanor crime of violence committed by: a current or former spouse or intimate partner of the victim, a person with whom the victim shares a child in common, a person who is cohabiting with or has cohabitated with the victim as a spouse or intimate partner, a person similarly situated to a spouse of the victim under the domestic or family violence laws of the state of Georgia, or any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the state of Georgia.

Non-Consensual Sexual Contact. Any intentional sexual touching by a person upon a person, that is without consent and/or by force. Sexual Contact includes, but is not limited to, intentional contact with the breasts, buttocks, groin, or genitals, or touching another with any of these body parts, or making another touch you or themselves with or on any of these body parts; any intentional bodily contact in a sexual manner, though not involving contact with/of/by breasts, buttocks, groin, genitals, mouth or other orifice, with any object.

Non-Consensual Sexual Intercourse. Any sexual intercourse by a person upon a person, that is without consent and/or by force. Intercourse includes, but is not limited to, vaginal penetration by a penis, object, tongue or finger; anal penetration by a penis, object, tongue, or finger; and oral copulation (mouth to genital contact or genital to mouth contact), no matter how slight the penetration or contact.

Sexual Harassment. Unwelcome conduct, based on sex or on gender stereotypes, which is so severe or pervasive that it unreasonably interferes with a person’s university employment, academic performance or participation in university programs or activities or creates a working, learning, program or activity environment that a reasonable person would find intimidating, hostile or offensive. Sexual harassment may include, for example, an attempt to coerce an unwilling person into a sexual relationship; to repeatedly subject a person to egregious, unwelcome sexual attention or advances; to punish a refusal to comply with a sexual based request; to condition a benefit on submitting to sexual advances; sexual violence or sexual assault; intimate partner violence; stalking; inappropriate comments; and gender-based bullying.

Sexual Misconduct. Sexual misconduct encompasses sexual harassment, non-consensual sexual contact (or attempts to commit same); non-consensual sexual intercourse (or attempts to commit same), and sexual exploitation. Sexual misconduct can occur between strangers or acquaintances, including people involved in an intimate or sexual relationship. Sexual misconduct can be committed by persons of any gender or sex, and it can occur between people of the same or different sex.

Stalking. Behavior where a person follows, places under surveillance, or contacts another person without the consent of that person for the purpose of harassing and intimidating him or her. The term “contact” means to make or attempt to make any communication, including, but not limited to, communication in person, by telephone, by mail, by broadcast, by computer or computer network, or by any other electronic device. “Harassing and intimidating” refers to a course of conduct or communications directed at a person that causes the person to suffer emotional distress that would cause a reasonable person to fear for personal safety or the safety of others, and which serves no legitimate purpose. It does not require that an overt threat of death or bodily injury be made.

Continuing training, education and awareness building around sexual misconduct, sexual harassment and sexual assault across the Emory Campus include:

Bystander, Greeks & Other

Comprehensive Active Bystander Campaign

In Fall 2015, the Respect Program at Emory launched a comprehensive multi-year interpersonal violence Active Bystander Strategies Campaign (ABS). There are five main components to the ABS Campaign: Haven online module; Creating Emory discussion group; KnowYourPower® posters; Step In, Speak Up comic book; and the Emory ABS (Active Bystander Skills) workshop. The goal is to create a massive shift in students’ bystander efficacy and knowledge by eliminating obstacles and social stigma that often prevent intervening. These five campaign components cross-promote each other and these messages through intentional public health frameworks:

  • Every incoming student to the Atlanta Emory community learns about sexual and interpersonal violence prevention and prevalence through an online module called Haven. Haven is completed by all undergraduate, graduate, and professional students before they begin coursework or arrive on campus.
  • Creating Emory discussions and performances take place just three days after new undergraduate students arrive at the Atlanta campus for the fall semester. These in-person guided discussions with their hall mates acknowledge that violence happens in our community, and introduces students to how each of them can play a part in creating a safe and thriving Emory through supporting those impacted by violence, learning the Sexual Misconduct Policy, being an Active Bystander, and promoting authenticity of personhood while being aware of one’s responsibility to creating safe environments.
  • KnowYourPower® Posters by Prevention Innovations Research Center are placed strategically throughout the Atlanta campus over the course of this campaign, rotating throughout classroom buildings, sorority and fraternity houses, residence life halls, athletic facilities, and dining facilities. These passive programming installations illustrate not only risky situations but creative ways to help a fellow student. This poster deployment is a large effort made possible only by partnerships with Residence Life, the Office of Sorority & Fraternity Life, Emory Dining, and Emory Athletics, who all integrate bystander messaging into their physical spaces.
  • At orientation, every first year undergraduate student on the Atlanta campus has a bystander comic book sitting on their bookshelf, entitled, “Step In, Speak Up” which contains helpful tips and illustrations for being an active bystander, as well as easy-to-understand steps for students to seek confidential counseling, advocacy, and support at Emory if they experience interpersonal violence.
  • Returning students on the Atlanta campus (in fraternities, sororities, student organizations, and athletic teams) are invited to “work out their ABS” through the Active Bystander Skills (ABS) two-hour workshop, a training created/named by Emory students during the 2014-2015 academic year. A cohort of upper-level students (“ABS Trainers”) receives advanced education each semester to facilitate these ABS workshops, making students the leaders of this initiative.
Sexual Assault Forum to Educate Greeks (“SAFE Greeks”) Council

Emory’s sorority and fraternity organizations have been involved with sexual violence prevention programming since 2011. SAFE Greeks Council is an over-arching infrastructure that makes it easy for sorority and fraternity members to become engaged in the movement to end violence at Emory and beyond. The SAFE Greeks Council is run by students with advising from the Respect Program, the Office of Sorority and Fraternity Life, and Residence Life staff. Each participating Chapter chooses a Liaison, who receives training to help them implement their Chapters’ “participation option”, which are programmatic choices that are tailored to the type of involvement sought by the sorority or fraternity. Each participation option is different but raises awareness or educates the chapter about an aspect of interpersonal violence prevention and survivor resiliency. Options cover a broad range, such as bystander intervention, learning about sexual communication/coercive behaviors, responding to harassment, receiving student-led advocacy training (SAPA 101 training) and more.

Other Training and Education Initiatives
  • Division of Campus Life and Residence Life personnel routinely receive training in sexual assault response, and at a minimum, on an annual basis.
    • Through partnership with the Respect Program, Residence Life student employees (RAs – Residence Advisors and SAs – Sophomore Advisors), Academic advisors, student organizations and any interested faculty/staff members receive training on how to support a survivor, how to report sexual misconduct appropriately, and how to facilitate dialogue about interpersonal violence prevention, campus response, trauma-informed care, etc.
  • Emory Police Department officers continually receive training on Title IX, sexual violence, and intimate partner/domestic violence, and at a minimum, on an annual basis.
  • Emory’s Office of Institutional Equity and Inclusion (formerly Office of Equal Opportunity Programs) offers regular training and education on Policy 1.3, the University’s Equal Opportunity and Discriminatory Harassment Policy, to Emory employees university-wide both in person and online. The online component was rolled out in January 2015 for university faculty, and in September 2015 for university staff.
  • Emory Title IX officials and department of Human Resources engage in awareness building of Emory’s Title IX policy and processes through continuing, helpful communications directed at university faculty and staff throughout the year.
  • The University Senate Sub-Committee for the Prevention of Sexual Violence convenes monthly to implement a public health approach to prevention sexual violence on campus by providing strategies that centers multilevel prevention programming, evaluating programming efforts, and engaging stakeholders throughout the community.
  • The Faculty and Staff Assistance Program (FSAP), http://www.fsap.emory.edu/, a division of Human Resources, offers behavioral health counseling and other supportive services for employees dealing with sexual harassment or violence.
  • The Respect Program organizes Emory Denim Day, an enterprise-wide annual fundraiser/day of awareness celebrated every April in connection with the International Denim Day movement.  Emory students, staff, and faculty by the thousands learn about victim-blaming and stigma to reporting, and send in pictures wearing jeans in solidarity and to raise money, supporting the principle that no matter what a person wears it is never an invitation to be assaulted. Key partners include Emory Healthcare, Emory Student Government Association, Bon Appetit (Emory Dining Services), Development and Alumni Relations, and Residence Life. 
  • “Take Back the Night” observance and rally held during Relationship Violence Awareness Month in October. It is co-sponsored by the Relationship Violence Awareness Month Committee. On an ongoing basis, Emory's Division of Campus Life disseminates information and offers a broad range of programming about Emory's sexual misconduct policies and health, safety, and support resources provided to students.
  • Survivor Anthology is a publication group that collects literature and art forms produced by survivors of relationship abuse, domestic violence, and sexual assault.
  • Safe Campus Awareness Month Observances
  • Safety and Security Programs, upon request, from Emory Police Department
  • Sexual Assault Awareness Month observed in April with provides daily educational opportunities, social media campaigns, and awareness events.
  • Alcohol Awareness Programs
    • Party Crashers: How to Party with Purpose – An initiative developed through collaboration with several campus life units to educate sorority and fraternity members about safer ways to plan and implement social events on and off campus. Each organization is expected to send members including current officers and future leaders before they will be able to host social events during the Fall
    • Alcohol Harm Reduction Advisory Coalition (AHRAC) – AHRAC is a multi-disciplinary task force representing faculty, staff, and students from across Emory University charged with identifying the most effective strategies to mitigate high risk alcohol use, evaluate current initiatives, and inform the Biennial Review process that ensures our compliance with the Drug-Free Schools and Campuses Regulations (EDGAR Part 86);
    • Wellness and Integrity Greek Leadership Retreat Session – Every year leaders of sorority and fraternity organizations attend a 2 day retreat where they learn strategies to be more effective leaders for their respective organizations and within the larger Emory community. In Fall 2016, the OHP and the Emory Integrity Project created a session focused on organizational brands and leveraging social support systems to promote wellness for the leaders. The ATOD related goal of this session is to recognize the value of social support systems in building community capacity for mitigating the deleterious effects of stress, including a challenge to the “work hard, play hard” mentality of many high achieving student leaders.
    • Multi-level intervention strategy for Residential Students – According to AlcoholEdu, at Emory, of the students who reported drinking 25% of them said that they drank in an on-campus residence hall. This percentage was significantly higher than their peers who lived off-campus or with their families. As such developing a strategy to educate students about policies and harm reduction strategies if they choose to use alcohol is imperative in the residence halls and Resident Advisors are a key audience to mobilize these efforts. Therefore, we created a multiple level intervention strategy that (1) educated Resident advisors about the effective ways to create a safer residential community and serve as peer mentors to educate their residents about safer alcohol use, and (2) educated residents through a peer facilitated mini-program about alcohol related policies, campus resources, and consent. The learning goals for each respective level are listed below.
    • Residence Life Student Staff Training – “Addressing high risk alcohol use in residence halls: A prevention toolkit or RAs” – by participating in this session RAs will be able to: understand the importance of Residence Life student staff in the prevention of high risk alcohol use; identify and correct at least three common misconceptions about alcohol use at Emory; define community and accountability
    • Residence Life ATOD Program in a Box – “Real Friends Don’t Leave Friends in Jeopardy” – by participating in this program residence will be able to: recognize signs of alcohol poisoning and drunken behavior; confidently support and seek help for peers negatively affected by alcohol use; better understand how alcohol incapacitation can impact consent; exhibit and increased attention to participate in Active Bystander Skills training
  • Fraternity and Sorority residence house programs
  • Summer Internships are offered by the Respect Program to provide interested students with a supervised opportunity to both learn and work in a professional setting that uses a multi-disciplinary approach to addressing interpersonal violence on college campuses.
  • RespectCon is a national conference planned by Emory students and hosted by the Respect Program annually each Spring. The conference attracts more than a hundred professionals, faculty, and students each year with the common aim to end interpersonal violence on college and university campuses by using a social justice lens to understand, confront, and ultimately prevent violence and support those impacted by violence.
  • Relationship Violence Awareness Month is organized annually by the Respect Program in coordination with the Intimate Partner Violence Working Group, Sexual Assault Peer Advocates, and Survivor Anthology.
  • Emory University has partnered with the DeKalb County District Attorney to improve county-wide sexual assault protocols with regard to the general response, investigation, interviews, arrests, evidence collection and preservation, resource referral and counseling support, prosecution, pre-trial, trial and post-trial support, and probation and parole.
  • Emory University’s Respect Program partners with the Dekalb County Domestic Violence Task Force  to create safer communities through education and advocacy across all disciplines of faith, ethnicity, sexual orientation and ability. This group meets quarterly. 

Oxford Campus

  • Every incoming student to the Oxford Emory community learns about sexual violence prevention and prevalence through an online module called Haven. Haven is completed by all undergraduate students before they begin coursework or arrive on campus.
  • RAs and PALs undergo Sexual Assault Peer Advocacy  training with Oxford SAPA and Atlanta Campus SAPA/Advisor
  • PALs (Orientation Leaders) provides a educational skits and a debrief on sexual violence during Orientation
  • RES (Residential Education & Services) introduces the Deputy Title IX Coordinator and their role in their orientation program
  • RES does Title IX education in October during “Know the Code” Week
  • The Counseling Center provides education about partner violence
  • Oxford SAPA and Revision collaborate to provide training and awareness programming such as Take Back the Night and passive poster education about consent
  • partnership with the Respect Program, Residence Life student employees (RAs – Residence Advisors and SAs – Sophomore Advisors), Academic advisors, student organizations and any interested faculty/staff members receive training on how to support a survivor, how to report sexual misconduct appropriately, and how to facilitate dialogue about interpersonal violence prevention, campus response, trauma-informed care, etc.