Student Sexual Misconduct Policy 2019-2020
The University of Louisville prohibits all forms of sex discrimination and sexual misconduct. This policy outlines student expectations, reporting options, and resources for all students, employees, University visitors, or third parties within the University community, regardless of sexual orientation or gender identity. Sexual misconduct offenses include, but are not limited to the following: sexual harassment; sexually abusive contact; domestic violence; dating violence; sexual exploitation; stalking; retaliation; or child pornography.
Student sexual misconduct falls under the guidelines of the Code of Student Conduct and should be referred to the Dean of Students Office at 502-852-5787 or email@example.com. The University will take immediate steps to end sexual misconduct, prevent recurrence, and correct any effects on the complainant or those involved in the complaint process. If, in the process of the investigation, the University determines that the alleged conduct does not fall within the guidelines of the University's policy on sexual harassment, both the complainant and the accused student will be notified.
For complaints against employees, contact Human Resources at 502-852-6688.
For complaints against a University visitor, contact University Police at 502-852-6111.
In an emergency situation, individuals should contact University Police at 502-852-6111 or call 911.
When an allegation of misconduct is brought to the attention of a University official and the accused student is found to have violated the Code of Student Conduct, sanctions will be issued. A Code of Student Conduct violation is not required in order to provide certain accommodations for the complainant reporting the concern. Possible remedies include but are not limited to the following: "no contact orders," changes to academic or living situations as appropriate, counseling services, escort services, medical services, academic support services, and notification of the right to file a complaint with local law enforcement. A person who receives a complaint is required to provide information regarding the University's policy on sexual harassment, sexual violence and sexual assault; complaint resolution procedures; and offer options for addressing a complaint.
The University may recommend interim steps as deemed necessary to protect the safety, well-being, and privacy of the complainant, accused student, and any other member of the University community who may be directly or indirectly involved.
Sexual Misconduct Offenses May Include But Are Not Limited To:
- Sexual Harassment
- Sexually Abusive Contact
- Domestic Violence
- Dating Violence
- Sexual Exploitation
- Child Pornography
1. SEXUAL HARASSMENT
As outlined in the Code of Student Conduct under Section 10, the term "Sexual Harassment" means unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature, when:
- submission to such conduct is made, either explicitly or implicitly, a term or condition of an individual's employment, or participation in a University-sponsored education program, or activity;
- submission to or rejection of such conduct by an individual is used as the basis for employment or academic decisions affecting such an individual;
- such conduct creates a hostile environment if the harassment is so severe, pervasive, and objectively offensive so as to deny or limit a person’s ability to participate in or benefit from the University’s programs, services, opportunities, or activities; or
- such conduct has the purpose or effect of unreasonably interfering with an individual's employment.
In determining whether harassment has created a hostile environment, consideration will be based on the following factors:
- whether the conduct was unwelcome to the person who feels harassed, the degree to which the conduct affected one or more students’ education or individual’s employment;
- the nature, scope, frequency, duration, and location of incident or incidents; and
- the identity, number, and relationships of persons involved.
2. SEXUALLY ABUSIVE CONTACT
As outlined in the Code of Student Conduct under Section 10, the term "sexually abusive contact" means sexual intercourse; anal intercourse; oral intercourse; touching of the genitals, breast, buttocks, or inner thighs; sodomy, or any other physical conduct or touching of a sexual nature without consent and/or by force. Examples include, but are not limited to: Intentional contact with the breasts, buttocks, groin, or genitals, mouth or other orifice; or touching another with any of these body parts; or making another touch you or themselves with any one of these body parts. 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.
3. DOMESTIC VIOLENCE
As outlined in the Code of Student Conduct under Section 10, the term “domestic violence" means intentionally, knowingly or recklessly causing physical or sexual abuse to a current or former spouse, to a person whom shares a child in common with the accused, or to a person who is cohabitating with or has cohabited with the accused as a spouse or intimate partner.
4. DATING VIOLENCE
As outlined in the Code of Student Conduct under Section 10, the term "dating violence" means intentionally, knowingly or recklessly causing physical or sexual abuse to a person who is or has been in a social relationship of a romantic or intimate nature with the accused. Whether or not a dating relationship exists is determined by the length of the relationship, the type of relationship; and the frequency of interaction between the persons involved in the relationship. This includes threats, assault, property damage, and violence or threat of violence to one’s self or to pets of the romantic or intimate partner when used as a method of coercion, control, punishment, intimidation, or revenge.
5. SEXUAL EXPLOITATION
As outlined in the Code of Student Conduct under Section 10, the term “sexual exploitation" is the taking of non-consensual or abusive sexual advantage of another by a person(s), or the inducement of another person to do the same; or for one's own advantage or benefit; or to benefit or advantage anyone other than the one being exploited.
Forms of sexual exploitation may include viewing, transmitting, recording, or photographing the image or voice of another person without that person’s knowledge or consent while in an environment that is considered private or where there is an expectation of privacy, such as a residence or bathroom (Code of Student Conduct, Section 10(dd)). Other examples of sexual exploitation include, but are not limited to the following: prostituting an individual, engaging in voyeurism, knowingly transmitting an STI or HIV to another student, or exposing one's genitals in non-consensual circumstances.
As outlined in the Code of Student Conduct under Section 10, the term “stalking" means a course of behavior directed at a specific person(s) involving repeated (two or more occasions) visual or physical proximity, non-consensual communication, expressed or implied threats of death or bodily harm, or a combination thereof, causing a reasonable person fear for their safety or the safety of others. Stalking behaviors may include persistent patterns of leaving or sending the person(s) unwanted items or gifts ranging from seemingly romantic to bizarre, following the person(s), or lying in wait for the person(s), harassing the person(s) via the internet or other forms of online and/or electronic communications (i.e., cyberstalking), or interferes with a person’s property.
As outlined in the Code of Student Conduct under Section 10, the term “retaliation" means action taken by an accused individual or an action taken by a third party against any person because that person has reported a violation of the University’s sexual misconduct policies or because that person has filed a complaint, served as a witness, assisted, or participated in an investigation or proceeding. This includes action taken against a bystander who intervened to stop or attempt to stop discrimination, harassment, or sexual misconduct. Retaliation includes intimidating, threatening, or coercing an individual because of the individual’s complaint or participation.
8. CHILD PORNOGRAPHY
As outlined in the Code of Student Conduct under Section 10, the term “child pornography" means possessing, producing, and/or distributing any depiction of sexually explicit material involving a minor (persons less than 18 years old), including but not limited to any photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means.
Consent Defined and Explained
In order for individuals to engage in sexual activity of any type, all involved individuals must consent to such activity prior to and throughout any sexual encounter. The Code of Student Conduct defines consent in the following way:
"Consent means freely given agreement by a competent person. A person is deemed incompetent to give consent when that person is under such an incapacitation that person does not appreciate the nature of the consent, or if the person is a minor."
Consent to one sexual act does not constitute consent to any other such acts; parties to a sexual encounter must ensure that they have the affirmative consent of the other individual(s) involved. It is the responsibility of every individual who is party to a sexual encounter to confirm affirmative consent to each sexual act. Affirmative consent may manifest itself differently depending on the context. “No" always means “no." Words or perceptible actions other than an explicit “yes" may be sufficient to indicate consent, depending on the totality of the circumstances of each case. Regardless of the circumstances, consent to any form of sexual activity can be withdrawn at any time, by any party to a sexual encounter, at any point during the encounter. This is true regardless of what sexual acts (or with whom) the individual(s) in question may have engaged in or agreed to previously, and regardless of the nature of the relationship between the parties.
Incapacitation is a state in which a person cannot make rational decisions as to whether or not to engage in sexual activity because the person lacks the ability to give knowing consent (i.e., to understand the "who, what, when, where, why, or how" of the sexual interaction). Incapacitation also covers a person who is unable to provide consent due to mental disability, being asleep, unconsciousness, involuntary physical restraint, or from the effects of alcohol or other drugs.
It is important to note that while a person can be incapacitated by intoxication, intoxication (in which case a person is under the influence of alcohol or drugs) does not constitute incapacitation unless it renders the person unable to consent as described above. In every case, the facts are evaluated to assess whether the person in question was capable of providing consent, and whether a reasonable person in the parties’ positions would perceive the person as being capable or incapable of providing consent.
For the Kentucky criminal definition of consent, refer to Kentucky Revised Statutes 510.020. https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=47632.
Reporting a Sexual Misconduct Complaint
The purpose of reporting a complaint is to inform the University that sexual misconduct may be occurring or may have occurred, and to provide information sufficient to identify the parties involved. Any person with knowledge of sexual harassment may report the information to any of the following:
Title IX Coordinators:
Title IX Coordinator
2100 S. Floyd Street
Student Activities Center – W301
Louisville, KY 40208
Phone: (502) 852-1198
Dr. Angela B. Taylor, Deputy Title IX Coordinator (for complaints against students)
Assistant Provost and Assistant Dean of Students
Director of Student Rights and Responsibilities
2100 S. Floyd Street
Student Activities Center – W301
Louisville, KY 40208
Phone: (502) 852-5787
Mary Elizabeth Miles, Deputy Title IX Coordinator (for complaints against employees)
Director of Employee Relations and Compliance
1980 Arthur Street
Louisville, KY 40208
Phone: (502) 852-6688
Oscar Chavez, Deputy Title IX Coordinator (for complaints against non-University community members) Lieutenant, Compliance/External Support
UofL Police Department
Floyd Street Parking Garage
Louisville, KY 40292
Phone: (502) 852-72ee or 852-6111
Good Samaritan Consideration
The health and safety of our students is of the highest priority. At times students may need immediate medical or other professional assistance. However, students may be reluctant to get help because of concerns that their own behavior may be a violation of the Code of Student Conduct. To minimize any hesitation students and/or student organizations may have in obtaining help due to these concerns, the University has enacted the following "good samaritan" provision. Although policy violations cannot be overlooked, the University will consider the positive impact of reporting an incident when determining the appropriate response for policy violations. In such cases, any possible negative consequences for the reporter of the incident should be evaluated against the possible negative consequences for the student who needed assistance. At a minimum, students and/or student organizations are encouraged to make an anonymous report that would put the student in need in touch with emergency care providers (Police, EMS).
Examples where this policy would apply include:
- A student is reluctant to call an ambulance when a friend becomes unconscious following excessive consumption of alcohol because the reporting student is under the age of 21 and was also consuming alcohol.
- A student is reluctant to report that they have been sexually assaulted because the student has been consuming alcohol and is under the age of 21.
Time Period for Filing a Complaint
Prompt reporting of a complaint to a University Official is strongly encouraged to allow timely response and resolution. The complaint should be filed within one hundred eighty days (180) of the incident. However, in its discretion, the Dean of Students Office may investigate any allegation of sexual misconduct brought to its attention.
Informal Complaint Resolution
The primary goal or objective of informal complaint resolution is to stop the behavior and resolve the conflict. While informal complaint resolution is underway, the complainant may end the informal resolution process and proceed directly to formal complaint resolution at any time.
With the informal complaint resolution process, the complainant may request that the Dean of Students Office or designee act as mediator to bring all parties together to resolve the issue. However, in cases involving sexual violence or sexually abusive physical contact, a mediated resolution is not appropriate, and will not be used.
A person who acts as a mediator under these guidelines is required to submit a written report of the incident and any action taken to the Dean of Students Office.
Resolution at this level may include, but is not limited to, an agreement in which one or more of the parties involved agree(s) to seek counseling or any other such action warranted by the circumstances of each case and as determined by the Dean of Students Office.
If there is no mediated solution after 10 days, or if the accused student does not comply with the mediated solution, a formal complaint resolution may be initiated. If the complainant does not wish for a formal resolution, the Dean of Students Office will take that feedback into consideration before determining if an accused student should be charged with violating the Code of Student Conduct. The Dean of Students Office shall determine whether any action should be taken in response to the report. The Dean of Students Office will inform the accused student within five (5) University business days of notification that an informal complaint has been filed and the nature of the complaint. This option may allow the complainant to maintain anonymity.
The complainant may at any time file a formal complaint that the accused student should be charged with violating the Code of Student Conduct. The informal complaint resolution process is not a prerequisite to filing a formal complaint.
Formal Complaint Resolution
The complainant may file a formal complaint that the accused student violated the Code of Student Conduct at any time, whether or not the student has opted for the informal complaint resolution process, or if the outcome of any informal complaint resolution process was not satisfactory.
During a formal complaint resolution process, the University will conduct a prompt, fair, and impartial investigation. The formal complaint resolution requires that the complainant submit the complaint in writing (letter, statement, and/or email) to the Dean of Students Office. Upon receipt of the complaint, an investigation will be initiated.
Title IX requires an institution to take steps to ensure equal access to its education programs and activities and protect the complainant as necessary, including interim measures before the final outcome of an investigation. The institution will take these steps promptly once it has notice of a sexual misconduct allegation and may provide the complainant with periodic updates on the status of the investigation. The institution will notify the complainant of options to avoid contact with the accused student and allow the complainant to change academic and extracurricular activities, housing, transportation, dining, and/or work situation as appropriate. The institution will provide the complainant with information on Title IX rights and any available resources, such as victim advocacy, housing assistance, academic support, student financial aid, counseling, visa and immigration services, legal assistance, disability services, health and mental health services, and the right to report a crime to campus or local law enforcement.
Purpose and Scope of the Investigation
Upon receipt of the written notice of complaint, the investigator will acknowledge receipt within five (5) business days. The formal complaint resolution begins with an investigation of the facts. This fact-finding process will be completed as expeditiously as possible. The Dean of Students Office generally allows 60 University business days to process the complaint. The Dean of Students Office may extend the amount of time needed to process the complaint as deemed necessary, upon notice to both parties.
The University will comply with law enforcement requests for cooperation and such cooperation may require the University to temporarily suspend the fact-finding aspect of a Title IX investigation while the law enforcement agency is in the process of gathering information. The University will promptly resume its investigation as soon as notified by the law enforcement agency that it has completed the initial investigation. This typically takes 3 – 10 business days although the delay in the University’s investigation may be longer in certain instances.
The investigative process is an internal University process; therefore, it is not open to persons, including counsel from outside of the University community. However, the complainant and accused student may meet with internal and/or external advisors, including counsel from outside the University community, throughout the process.
In addition to interviewing the complainant and accused student, the investigator may interview witnesses as provided by the complainant, accused student, and/or anyone who may offer relevant information. Additional information may also be gathered, such as records and documents deemed necessary.
Information of prior sexual misconduct and/or sexual harassment of the accused student may be considered, but prior sexual activities of either the accused student or the complainant, which are not relevant to the current incident, will not be permissible.
Upon completion of the investigation, a case summary report will be completed in order to document the scope of the investigation as well as a determination (based on the preponderance of the information standard of proof) of whether the information supports the allegation(s) of the complaint. These confidential findings will be submitted to the appropriate administrator(s) to render any disciplinary action (as appropriate) that is deemed necessary.
The accused student will be provided a notice in writing of the outcome of the complaint and the appeal process as outlined in Section 13 of the Code of Student Conduct. The notice will include the finding(s), sanctions, and appeal process. The complainant will also be provided a notice in writing of the outcome of the complaint and the appeal process as outlined in Section 13 of the Code of Student Conduct. The notice will include the findings(s), sanctions imposed which directly relate to the complainant, and any other steps the institution has taken to eliminate the hostile environment and prevent recurrence.
The University of Louisville reserves the right to investigate inappropriate activities or behaviors even in the absence of an allegation brought forward by an individual.
Guidelines for the Respondent
If you are a person accused of sexual misconduct (the accused student), the complaint should be taken seriously and, where applicable, any offending behavior should cease immediately. You should not retaliate against the complainant or have others retaliate against the complainant on your behalf. You should document your version of the alleged incident. You should include the date and name of any person who may have been involved in the alleged incident. You should include the name of any person who may have witnessed the alleged incident or who may have overheard the alleged incident. You should document any conversations or communications regarding the alleged incident or conduct of which you are accused.
Jurisdiction and Standard of Proof
Jurisdiction (or Inherent Authority) and Standard of Proof are described in The Code of Student Conduct.
The University reserves the right to take necessary and appropriate action to protect the safety and well-being of the campus community. The Code applies to incidents that take place on University premises or at University-sponsored activities.
The Dean of Students or designee may determine that acts prohibited by the Code, but not committed on University premises, could also be grounds for disciplinary action. Such action will be taken if a student acts in a way that substantially interferes with or endangers the University community, or for behavior with significant potential to disrupt the educational environment. Such acts include, but are not limited to, drug trafficking, hazing and acts or threats of violence against persons.
STANDARD OF PROOF
The standard of proof for incidents of non-academic misconduct is a preponderance of information. Preponderance of information is defined as information that a reasonable person would find persuasive or more likely than not to have occurred. The technical rules of evidence applicable to civil and criminal cases shall not apply when resolving incidents as outlined in the Code of Student Conduct.
Title IX Mandatory Reporters at the University of Louisville Include the Following:
- Vice Presidents, Deans, Department Chairs, Directors, and Coaches
- Assistant or Associate Vice Presidents, Deans, and Provosts
- Any employee in a supervisory or management role
- All Faculty
- University of Louisville Police Officers and any contracted security personnel
Some forms of harassment and discrimination may violate federal and state laws, and a complainant or respondent may choose to contact the following agencies regarding their complaint:
Philadelphia Office for Civil Rights
U.S. Department of Education
The Wanamaker Building
100 Penn Square East, Suite 515
Philadelphia, PA 19107-3323
Phone: (215) 656-8541
Kentucky Commission on Human Rights
332 W. Broadway, 7th Floor
Louisville, KY 40202
Phone: (502) 595-4024 or 1-800-292-5566
Federal Equal Employment Opportunity Commission
600 Dr. Martin Luther King, Jr. Place
Louisville, Kentucky 40202
Confidentiality, Privacy, and Reporting
Students should be aware of confidentiality, privacy, and mandatory reporting requirements (PPTX) in order to make informed choices.
If one desires details of the incident be kept confidential, the resources listed below are appropriate. In addition, members of the clergy and chaplains are allowed by law to keep reports confidential. However, seeking support from any of these resource organizations is not considered an official report of sex discrimination or any type of sexual misconduct to the University, but the individuals at these resource organizations can help facilitate a report and advocate for a victim. For more information, refer to Options for Survivors (PPTX).
One may seek advice from certain individuals who are not required to tell anyone else private, personally identifiable information unless there is cause or fear for your safety or the safety of others. These are individuals whom the University has not specifically designated as "responsible employees" for purposes of putting the institution on notice and for whom mandatory reporting is not required, other than in the stated limited circumstances, such as statistical reporting for the Clery Act (PDF) (see federal statistical report obligations on Pg. 10).
(Prevention, Education and Advocacy on Campus and in the Community)
PEACC is available to provide advocacy and confidential assistance to University students, staff, and faculty who are affected by sexual misconduct, sexual violence, intimate partner violence, and stalking. An advocate can listen to you, discuss options, and assist you in accessing medical care, housing accommodations, academic concerns, referrals to community and campus resources, and reporting options.
2100 S. Floyd Street
Student Activities Center. W309-H
Louisville, KY 40292
Phone: (502) 852-2663
Counseling and Medical Resources
University Counseling Services
Cardinal Station Center
215 Central Avenue – Suite 201
Louisville, KY 40208
Phone: (502) 852-6585
Health Sciences Campus
500 South Preston Street
A Building - Suite 208
Louisville, KY 40292
Phone: (502) 852-0996
Campus Health Services
Cardinal Station Center
215 Central Avenue - Suite 110
Louisville, KY 40208
Phone: (502) 852-6479
Health Sciences Center
University of Louisville Outpatient Care Center
401 East Chestnut Street, Suite 110
Louisville, KY 40202
Phone: (502) 852-6446
In the community:
Center for Women and Families Crisis Line:
927 South 2nd Street
Louisville, Kentucky 40201
Phone: (877) 803-7577
Sexual Assault Nurse Examiner (SANE)
In Jefferson County, most examinations that include the collection of evidence (sexual assault, sexual misconduct, intimate partner abuse) are performed by the Louisville SANE Program at one of their two locations:
Phone: (502) 562-4064
University of Louisville Hospital Emergency Room
530 South Jackson Street
Louisville, KY 40202
Phone: (502) 562-4064
Center for Women and Families SAFE Services
927 South 2nd Street
Louisville, KY 40201
All emergency rooms in the Commonwealth of Kentucky are authorized and required to provide this service. These services can be provided by a physician, sexual assault nurse examiner, or another qualified medical professional. Physical evidence of a criminal sexual assault must be collected from the alleged victim’s person as soon as possible. Having evidence collected will help to keep all options available to a victim, but will not obligate the victim to any course of action. The evidence collected may assist the authorities should the victim decide later to pursue criminal charges.
- For information on how to reduce your risk of being a target of gender-based or sexual misconduct, or being respondent of such conduct, please see Risk Reduction, Sexual Harassment Prevention FAQ, and the Title IX Resource Guide (PDF).
- For a complete list of prohibited student conduct, all students should familiarize themselves with the Code of Student Conduct.
Federal Statistical Reporting Obligations
Certain campus officials have a duty to report sexual misconduct for federal statistical reporting purposes such as the Clery Act. All personally identifiable information is kept confidential, but statistical information must be passed along to campus law enforcement regarding the type of incident and its general location (on or off-campus; in the surrounding area, but no addresses are given) for publication in the annual Campus Security Report. This report helps to provide the community with a clear picture of the extent and nature of campus crime, to ensure greater community safety.
Federal Timely Warning Reporting Obligations
Victims of sexual misconduct should also be aware that University administrators must issue immediate timely warnings for incidents reported to them that are confirmed to pose a substantial threat of bodily harm or danger to members of the campus community. The University will make every effort to ensure that a victim's name and other identifying information is not disclosed, while still providing enough information for community members to make safety decisions in light of the danger. The reporters for timely warning purposes are exactly the same as detailed at the end of the above paragraph.
Kentucky Law Requiring Mandatory Reporting
Kentucky law requires that any person who suspects that a minor child (under 18) is the victim of abuse or neglect must immediately contact a local law enforcement agency or other agency authorized by statute KRS 620.030. The University Police Department (502-852-6111) constitutes a local law enforcement agency for purposes of Kentucky's mandatory reporting law for child abuse and neglect. Failure to report suspected abuse may result in criminal charges and/or disciplinary action.
Kentucky law also requires that any professional who suspects that a person is a victim of domestic violence and abuse or dating violence and abuse must, upon request of the victim, immediately report this information to the appropriate agency KRS 209A.100. The University Police Department can be reached at 502-852-6111.
Consensual Sexual Relations Between Students & Faculty
University Policy Approved by Board of Trustees - September 27, 1999
Sexual relations between students and faculty members or between students and other University employees with whom they have an academic or evaluative relationship are fraught with the potential for exploitation. The respect and trust accorded a professor or a supervisor in an academic or evaluative role make voluntary consent by the student suspect. Even when both parties initially have consented, the development of a sexual relationship renders both faculty member or supervisor and the institution vulnerable to possible later allegations of sexual harassment, in light of the significant power differential that exists between students and faculty members or supervisors.
In their relationship with students, members of the faculty or University employees who supervise students are expected to be aware of their professional responsibilities and avoid apparent or actual conflict of interest, favoritism, or bias. No faculty member or supervisor may participate in the evaluation of a student's performance or any decisions that may reward or penalize the student if a sexual relationship exists or has existed between the student and that faculty member or supervisor.
Approved August 8, 2019
Effective August 8, 2019