Unlawful Harassment and Sexual Conduct Policy

Notice of Non-Discrimination

Dunwoody (also referred to as “the College”) is committed to maintaining a learning and working environment free from discrimination and intimidation, including harassment and sexual misconduct. The College’s mission is best accomplished in an atmosphere of professionalism which, in turn, is supported by mutual respect and trust. Dunwoody expects all students and employees and others doing business with Dunwoody to work toward this goal.

This Policy outlines Dunwoody’s community expectations to ensure a campus free from sexual misconduct, the steps for recourse for those individuals whose rights have been violated, and the procedures for determining a violation of University policy.  The Policy applies to the following forms of sex discrimination, which are referred to collectively as “sexual misconduct”: sexual harassment, sexual assault, domestic violence, dating violence, stalking, and sexual exploitation. 

In accordance with applicable federal and state laws, such as Titles VI and VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, the Age Discrimination in Employment Act, and the Americans with Disabilities Act and ADA Amendments, Dunwoody does not discriminate on the basis of sex, race, color, national origin, religion, age, disability, marital status, familial status, pregnancy, citizenship, creed, genetic information, veteran status, status with regard to public assistance, membership in a local human rights commission, or any other legally protected status in its education programs and activities, employment policies and practices, or any other areas of the College.

Sex discrimination is prohibited by Title IX of the Education Amendments of 1972, which provides that: “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”  Sex discrimination is conduct based upon an individual’s sex that excludes an individual from participation, denies the individual the benefits of, treats the individual differently, or otherwise adversely affects a term or condition of an individual’s employment, education, living environment or participation in a program or activity.  Sexual harassment is a form of sex discrimination.   

Dunwoody strictly prohibits sexual discrimination and sexual harassment in any form. The College will promptly and equitably respond to all reports of sexual discrimination and harassment.

Questions or concerns about the application of Title IX, sex discrimination, sexual harassment, or other forms of sexual misconduct may be directed to the College’s Title IX Coordinator.

Carla Pogliano Connor, Ph.D.
Title IX Coordinator
Vice Provost for Program Development and Compliance
612-381-8236
Office: Silver Level
cconnor@dunwoody.edu

Questions or concerns may also be directed to the U.S. Department of Education’s Office for Civil Rights:

The Office of Civil Rights
U.S. Department of Education
Citigroup Center
500 W. Madison St., Ste. 1475
Chicago, IL 60661-4544
Telephone: 312-730-1560
TDD: 877-521-2172
Email: OCR.chicago@ed.gov
http://www.ed.gov/ocr

Scope of Policy

This policy applies to sexual harassment, sexual assault, stalking, dating violence, domestic violence, and sexual exploitation (referred to collectively as “sexual misconduct”).

This policy applies to all Dunwoody community members, including students, employees, faculty, administrators, staff, applicants for admission, and third parties such as trustees, volunteers, vendors, independent contractors, visitors, and any individuals and entities that do business with Dunwoody regularly or temporarily employed, studying, living, visiting, conducting business or having any official capacity with Dunwoody or on Dunwoody property.  All Dunwoody community members are required to follow Dunwoody policies and local, state, and federal law.  This policy applies regardless of the sexual orientation or gender identity of any of the parties. 

This policy applies to any conduct that may adversely impact an employee’s work and/or a student’s or other person’s participation in the College’s educational and extra-curricular programs or other programs and activities.  This policy applies to sexual misconduct committed by or against a Dunwoody community member, including conduct occurring on campus or Dunwoody property, conduct that occurs at Dunwoody-sanctioned events or programs that take place off campus, such as study abroad and internships, and off campus conduct that may cause or threaten to cause an unacceptable disruption at the College or which may interfere with an individual’s right to a non-discriminatory educational or work environment.  Violation of this policy will lead to discipline, up to and including termination of employment for employees, expulsion or suspension from Dunwoody for students, or prohibition from doing business with Dunwoody and exclusion from Dunwoody’s campus for volunteers and third parties.

Definitions

Victim

Refers to an individual who is alleged to have been subject to conduct that violates this policy.

Accused

Refers to an individual who has been accused of prohibited conduct under this policy.

Complainant

Refers to the individual filing a complaint with the College under the Sexual Misconduct Policy. The complainant will be the person who alleges that they have been subjected to sexual misconduct. In addition, the term “complainant” may also be used to refer generally to persons alleged to have been subjected to conduct that violates this policy, whether or not they have filed a complaint.

Respondent

Refers to the individual named as the accused in a complaint resolution process with the College under the Sexual Misconduct Policy.

Third Party

Refers to any other participant in the process, including a witness to the incident or an individual who makes a report on behalf of someone else.

A Report

Is an account of the sexual misconduct that has allegedly occurred that could be provided to the College by the complainant, a third party, or an anonymous source.

A Complaint

Is an alleged policy violation that begins a complaint resolution process as set forth in the Procedures for Sexual Misconduct Complaint Resolution.

Sexual Misconduct

Prohibited by this policy means the following forms of sex discrimination and other misconduct: sexual harassment, sexual assault, stalking,1 domestic violence, dating violence, and sexual exploitation.

Sexual Harassment

Is a form of sex discrimination and includes unwelcome conduct of a sexual nature, including sexual advances, requests for sexual favors, sexually motivated physical contact or other verbal or physical conduct or communication of a sexual nature, when submission to such conduct, either explicitly or implicitly:

  • is a condition of employment or educational experience; or
  • is a basis for an employment, academic, or other educational decision; or
  • substantially and unreasonably interferes with job performance or educational experience; or
  • creates an intimidating, hostile, or offensive employment or educational environment.

Harassment of a sexual nature or based on sex is prohibited regardless of whether it is committed by a man or woman and regardless of whether it is targeted at a member of the same sex or a member of the opposite sex.  Sexual harassment includes any sexual or gender-based verbal, written, or physical conduct that is unwanted and is sufficiently severe, pervasive/persistent, and clearly/objectively offensive such that it unreasonably interferes with or deprives someone of academic, social or work-related access, benefits, or opportunities in the College community or creates an environment that interferes with the wellbeing and/or success of an individual. Dunwoody prohibits sexual harassment in any form, including verbal, physical, and visual harassment.  Some examples of conduct that may be sexual harassment under this policy include but are not limited to:

  • Unwelcome sexual flirtations, advances, or propositions;
  • Requests for sexual favors;
  • Punishing or threatening to punish a refusal to comply with a sexual-based request;
  • Offering a benefit (such as a grade, promotion, or athletic participation) in exchange for sexual favors or other verbal or physical conduct of a sexual nature;
  • Verbal abuse of a sexual nature, obscene language, gender- or sexually-oriented jokes, verbal commentary about an individual's body, sexual innuendo, and gossip about sexual relations;
  • The display of derogatory or sexually suggestive posters, cartoons, drawings, or objects, or suggestive notes or letters or e-mails or text messages or in a public space;
  • Visual conduct such as leering or making gestures;
  • Sexually suggestive comments about an individual’s body or body parts, or sexual degrading words to describe an individual;
  • Unwanted kissing;
  • Unwelcome touching of a sexual nature such as patting, pinching, or brushing against another’s body;
  • Unwelcome verbal or physical conduct against an individual related to the individual’s gender identity or the individual’s conformity or failure to conform to gender stereotypes;
  • Cyber or electronic harassment.

Unwelcome Conduct

Conduct is unwelcome when the individual did not request or invite it and regarded the conduct as undesirable or offensive.  The fact that an individual may have accepted the conduct does not mean that he or she welcomed it.  On the other hand, if an individual actively participates in conduct and gives no indication that he or she objects, then the evidence generally will not support a conclusion that the conduct was unwelcome.  That a person welcomes some conduct does not necessarily mean that person welcomes other conduct.  Similarly, that a person willingly participates in conduct on one occasion does not necessarily mean that the same conduct is welcome on a subsequent occasion.  Whether conduct was unwelcome may be determined based on the context and circumstances of the encounter or incident, including various objective and subjective factors.

Sexual Exploitation

Occurs when a person takes sexual advantage of another person for the benefit of anyone other than that person without that person’s consent. Examples of sexual exploitation include, but are not limited to:

  • Intentional and repeated invasion of sexual privacy (e.g., walking into the other person’s room or private space);
  • Prostituting another person;
  • Taking of or distribution of photographs/images, video or audio recording, or electronically broadcasting (e.g., with a web cam) a sexual activity;
  • Intentional removal or attempted removal of clothing covering an individual intimate parts;
  • Intentionally allowing others to view/hear a sexual encounter (such as letting individuals hide in the closet or watch consensual sex);
  • Viewing or permitting someone else to view another’s sexual activity or intimate body parts, in a place where that person would have a reasonable expectation of privacy;
  • Engaging in voyeurism;
  • Exposing one’s genitals or breasts;
  • Inducing another to expose his or her genitals or breasts;
  • Knowingly transmitting a sexually transmitted disease or sexually transmitted infection to another person without his or her knowledge;
  • Forcing others to view pornography.

Sexual Assault

Is any actual or attempted sexual contact, with any object, with another person without that person’s consent.  As used in this policy, sexual contact includes intentional contact by the accused with the victim’s intimate parts (genital area, groin, inner thigh, buttocks, or breasts), whether clothed or unclothed;  coerced touching by the victim of another’s genital area, groin, inner thigh, buttocks, or breasts, whether clothed or unclothed; or forcing another to touch oneself with or on any of these body parts.  Sexual assault includes but is not limited to an offense that meets any of the following definitions:

  • Rape: the penetration, no matter how slight, of the vagina or anus with any body part or object, oral penetration by a sex organ of another person, or oral contact with the sex organ of another person, without the consent of the victim.
  • Fondling: the touching of the intimate parts (genital area, groin, inner thigh, buttocks, or breast) of another person for the purpose of sexual gratification, without the consent of the victim.
  • Incest: sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
  • Statutory rape: sexual intercourse with a person who is under the statutory age of consent; in Minnesota, the age of consent is 16.

Sexual assault also is prohibited by Minnesota law.  See Minnesota Statutes Section 609.341 et seq. for applicable criminal law definitions of criminal sexual conduct.  Links to Minnesota statutes concerning sexual violence can also be found at http://www.mncasa.org/mn-sexual-violence-laws.

Consent

Is words or overt actions by a person clearly communicating a freely given present agreement to perform a particular sexual act. Consent must be informed and freely and actively given.  Words or overt actions clearly communicate consent when a reasonable person in the circumstances would believe those words or actions indicate a willingness to participate in a mutually agreed-upon sexual activity.  Although consent does not need to be verbal, verbal communication is the most reliable form of asking for and obtaining consent.  It is the responsibility of the person initiating the specific sexual activity to obtain consent for that activity.

In cases of alleged sexual assault or other sexual misconduct, Dunwoody applies the legal definition of consent as well as the principles listed below in determining whether an actor consented to a particular act:

  • The use or threatened use of force or other forms of coercion take away a person’s ability to give consent to sexual contact. 

Coercion

Is conduct or intimidation that would compel an individual to do something against their will by the use of unreasonable pressure, physical force, or threats of severely damaging consequences that would reasonably place an individual in fear of immediate or future harm.  Coercion is more than an effort to persuade or attract another person to engage in sexual activity.  Coercive behavior differs from seductive behavior based on the degree and type of pressure someone uses to obtain consent from another.

  • Consent is not present simply because a party was silent or failed to resist a particular sexual act.  Consent is active, not passive.  Silence or the absence of resistance or saying “no,” in and of themselves, cannot be interpreted as consent.
  • A person who is incapacitated, whether by drugs, alcohol, sleep, or other means, cannot consent to a sexual act.  This is true regardless of whether the person voluntarily or involuntarily consumed the drugs or alcohol. 

Incapacitation

means the physical and/or mental inability to understand the fact, nature, or extent of the sexual situation.  Incapacitation may result from mental or physical disability, sleep, unconsciousness, involuntary physical restraint, or from the influence of drugs or alcohol.  With respect to incapacitation due to the influence of drugs or alcohol, incapacitation requires more than being under the influence of drugs or alcohol; a person is not incapacitated just because they have been drinking or using drugs.  Where drugs and/or alcohol are involved, incapacitation is determined based on the facts and circumstances of the particular situation looking at whether the individual was able to understand the fact, nature, or extent of the sexual situation, whether the individual was able to communicate decisions regarding consent, non-consent, or the withdrawal of consent, and whether such condition was known or reasonably known to the respondent or a reasonable sober person in respondent's position. 

Use of drugs or alcohol by the accused is not a defense against allegations of sexual misconduct and does not diminish personal responsibility.It is the responsibility of the person initiating the specific sexual activity to obtain consent for that activity.

  • Consent to one sexual act does not, by itself, constitute consent to another.  Consent has to be specific to the act. 
  • Consent to engage in sexual activity with one person does not imply consent to engage in sexual activity with another.
  • An existing sexual, romantic, or martial relationship does not imply consent.
  • Previous relationships or previous consent do not, by themselves, constitute consent to future sexual acts.  In cases of prior relationships, the manner and nature of prior communications between the parties and the context of the relationship may be factors in determining whether there was consent.
  • Whether an individual actively and willingly participates in conduct may be a factor in determining whether there was consent.
  • Consent can be withdrawn at any time.  When consent is withdrawn, the sexual activity for which consent was initially provided must stop.
  • A person who is not of legal age (16 in Minnesota) cannot consent to sexual activity.

Dating Violence

is violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim.  The existence of such a relationship shall be determined based on the statement of the individual alleging the dating violence with consideration of the following factors: (i) the length of the relationship; (ii) the type of relationship; and (iii) the frequency of interaction between the persons involved in the relationship.  Dating violence includes, but is not limited to, sexual or physical abuse, such as physical harm, bodily injury, or criminal assault, or the threat of such abuse.  Dating violence does not include acts covered under the definition of domestic violence.

Dating violence also is prohibited by Minnesota law.Minnesota law prohibiting domestic abuse includes physical harm, bodily injury, or assault committed between persons involved in a significant romantic or sexual relationship.See Minnesota Statutes Section 518B.01.

Domestic Violence

Is 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 a current or former cohabitant of the victim as a spouse or intimate partner.
  • A person similarly situated to a spouse of the victim under Minnesota’s domestic or family violence law.
  • Any other person against an adult or youth victim who is protected from that person’s acts under applicable domestic or family violence laws of Minnesota (or, if the crime occurred outside of Minnesota, the jurisdiction in which the crime of violence occurred).  In addition to the relationships described above, Minnesota law defines domestic violence to include violence committed between parents and children, blood relatives, persons who are presently residing together or who have resided together in the past, persons who have a child together, persons involved in a significant romantic or sexual relationship, and a man and woman, if the woman is pregnant and the man is alleged to be the father.

Domestic violence also is prohibited by Minnesota law.  See Minnesota Statutes Section 518B.01 for applicable criminal law definitions relating to domestic violence.  While not exhaustive, the following are examples of conduct that can constitute domestic violence: (1) physical harm, bodily injury or assault; (2) the infliction of fear of imminent physical harm, bodily injury, or assault; or (3) terroristic threats, criminal sexual conduct, or interference with an emergency call. 

Stalking

Is engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for her, his or other people’s safety, or to suffer substantial emotional distress.  

  • Course of conduct means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through others (by any action, method, device, or means), follows, monitors, observes, surveils, threatens, or communicates to or about a person or interferes with a person’s property.
  • Reasonable person means a reasonable person in the victim’s circumstances.
  • Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or professional treatment or counseling.

Stalking behavior may include, but is not limited to:

  • Repeated, unwanted and intrusive communications by phone, mail, text message, and/or email or other electronic communications, including social media;
  • Repeatedly leaving or sending the victim unwanted items, presents, or flowers;
  • Following or lying in wait for the victim at places such as home, school, work, or recreational facilities;
  • Making direct or indirect threats to harm the victim, or the victim's children, relatives, friends, or pets;
  • Damaging or threatening to damage the victim's property;
  • Repeatedly posting information or spreading rumors about the victim on the internet, in a public place, or by word of mouth, that would cause a person to feel threatened or intimidated;
  • Unreasonably obtaining personal information about the victim.

Stalking is also prohibited by Minnesota law.See Minnesota Statutes Section 609.749 for applicable definitions of criminal stalking.

Retaliation

Is any materially adverse action, or threat thereof, taken against a person for making a good faith report or complaint of a potential policy violation, supporting another person’s report, responding in good faith to a complaint, or participating in good faith in an investigation of a complaint or the complaint resolution process, or opposing in good faith a practice or conduct that the person reasonably believes is in violation of this policy.  Retaliatory acts may include, but are not limited to: acts or comments that are intended to discourage a person from engaging in activity protected under this Policy or that would discourage a reasonable person from engaging in activity protected under this Policy; adverse changes in employment status or opportunities; adverse academic action; adverse changes to academic, educational and extra-curricular opportunities; harassment; intimidation; acts or comments intended to embarrass the individual; and seeking to influence the participation or statements of parties or witnesses, or taking adverse action against them.  Retaliatory conduct is prohibited regardless of whether it occurs on or off campus, in person, or through social media, e-mail, or other form of communication, or whether it is committed by parties to the complaint resolution process, their friends or representatives, or any other person.  Retaliation may be present against a person even when the person’s allegations of prohibited conduct are not substantiated.

Responsibilities of Title IX Coordinator and Title IX Team

Dunwoody’s Title IX Coordinator is:
Carla Pogliano Connor, Ph.D.
Vice Provost for Program Development and Compliance
612-381-8236
Office: Silver Level
cconnor@dunwoody.edu

The Title IX Coordinator is the designated representative of the College with primary responsibility for coordinating Dunwoody’s Title IX compliance efforts, including Dunwoody’s efforts to end sexual misconduct, prevent its recurrence, and address its effects. The Title IX Coordinator oversees and monitors Dunwoody’s overall compliance with Title IX-related policies and developments; the implementation and oversight of grievance processes and procedures, including notification, investigation and adjudication of complaints; provision of educational materials and training for the campus community; and monitoring all other aspects of the college’s Title IX compliance.  These responsibilities (which may be carried about by the Title IX Coordinator or the Title IX Coordinator’s designee) include, but are not limited to:

  • Ensuring Dunwoody policies and procedures and relevant state and federal laws are followed;
  • Advising any individual, including a complainant, a respondent or a third party, about the procedural options and processes used by Dunwoody and about resources available at Dunwoody and in the community;
  • Training and assisting Dunwoody employees regarding how to respond appropriately to a report of sex discrimination, sexual harassment, sexual assault, stalking, domestic violence, dating violence, or sexual exploitation;
  • Monitoring full compliance with all procedural requirements and time frames outlined in this policy; 
  • Evaluating allegations of bias or conflict of interest relating to the procedures outlined in this policy;
  • Determining whether grounds for appeal under this policy have been stated;
  • Ensuring that appropriate training, prevention and education efforts, and periodic reviews of climate and culture take place;
  • Coordinating Dunwoody’s efforts to identify and address any patterns or systemic problems revealed by reports and complaints; and
  • Assisting in answering any other questions related to this policy.

Dunwoody’s Title IX Team includes:  Kelli Sattler, Dean of Students, Patricia Edman, Vice President of Human Resources, and Mike White, Dean of Applied Management, Computer Technology, Health Sciences, Design and Graphics Technology. These team members have a shared responsibility for consulting with and supporting the Title IX Coordinator and may serve as the Coordinator’s designee(s).  Members of the team may also be called upon to investigate complaints of sexual misconduct, resolve complaints, review appeals, and/or facilitate informal resolutions to conflicts or complaints.

Confidentiality

The College is committed to protecting the privacy of individuals involved in a report of sexual misconduct. The College will protect a victim’s confidentiality to the extent possible even if the complainant does not specifically request confidentiality.  Dunwoody encourages individuals who have experienced sexual misconduct to talk to someone about what happened. Privacy and confidentiality have distinct meanings under this policy.  Different people on campus have different legal reporting responsibilities, and different abilities to maintain privacy or confidentiality, depending on their roles at Dunwoody.

In making a decision about whom to contact for support and information, it is important to understand that most Dunwoody employees are not confidential resources, and are therefore obligated to report to Dunwoody any information they receive about sexual misconduct.  Persons who have experienced sexual misconduct are encouraged to consider the following information in choosing whom to contact for information and support.

In addition, although the College will strive to protect the privacy of all individuals involved to the extent possible consistent with the College’s legal obligations, the College may be required to share information with individuals or organizations outside the College under reporting or other obligations under federal and state law, such as reporting of Clery Act crime statistics and mandatory reporting of child abuse and neglect.  In addition, if there is a criminal investigation or civil lawsuit related to the alleged misconduct, the College may be subject to a subpoena or court order requiring the College to disclose information to law enforcement and/or the parties to a lawsuit.  In these cases, personally identifying information will not be reported to the extent allowed by law and, if reported, affected students will be notified consistent with the College’s responsibilities under FERPA, as allowed by law. 

Confidential Resources

Confidential communications are those communications which cannot be disclosed to another person, without the reporter’s consent, except under very limited circumstances such as allegations involving the physical or sexual abuse of a child (under the age of 18) or vulnerable adult or an imminent threat to the life of any person.  Dunwoody recognizes that some individuals may wish to keep their concerns confidential.  Individuals who desire the details of sexual misconduct to be kept confidential should speak with a medical professional, professional counselor, minister or other pastoral counselor, or trained victims’ advocate. These resources can be found in the Resource section of this policy.

A person who speaks to a confidential resource should understand that if the person does not report the concern to Dunwoody, Dunwoody will be unable to conduct an investigation into the particular incident or pursue disciplinary action.

Non-Confidential Communications

Non-confidential communications are those communications with any Dunwoody employee who is not a confidential resource as identified above.  Only confidential resources can promise confidentiality.  All other Dunwoody employees who become aware of incidents or allegations of sexual misconduct have a responsibility to report the matter to the Title IX Coordinator.  Allegations of policy violations will be considered private and will only be shared with other Dunwoody employees on a need to know basis. The allegations will not be shared with law enforcement without the consent of the individual who has alleged the sexual misconduct, unless the allegations relate to physical abuse, sexual abuse, or neglect of a child under the age of 18 (see the Mandatory Reporting Concerning Minors section below for more information) or unless Dunwoody is compelled to do so pursuant to a subpoena or court order.

College employees who are not confidential resources will strive to remind an individual of their reporting obligations before the individual has disclosed a situation that requires reporting to the Title IX Coordinator.

Requests for Confidentiality or Non-Action

When Dunwoody receives a report of sexual misconduct, it has a legal obligation to respond in a timely and appropriate manner.  Making a report to Dunwoody does not require an individual to begin or participate in a complaint resolution process or to report to local law enforcement.  However, based on the information gathered, Dunwoody may determine that it has a responsibility to move forward with the complaint resolution process (even without the participation of the individual who has alleged the sexual misconduct).  In a situation in which the individual requests that their name or other identifiable information not be shared with the accused, or that no action be taken against the accused, Dunwoody will evaluate the request considering the following factors: the seriousness of the alleged misconduct, the respective ages and roles of the individual who has alleged the sexual misconduct and the accused, whether there have been other sexual misconduct complaints about the same alleged respondent, whether the alleged respondent has a history of arrests or records from a prior school indicating a history of violence, whether the alleged respondent threatened further sexual misconduct or other violence against the complainant or others, or whether the sexual misconduct was committed by multiple respondents, whether the sexual misconduct was perpetrated with a weapon, whether Dunwoody possesses other means to obtain relevant evidence of the sexual misconduct (e.g., security cameras or personnel, physical evidence), whether the report reveals a pattern of perpetration (e.g., via illicit use of drugs or alcohol) at a given location or by a particular group, the College’s ability to conduct an investigation without revealing identifiable information, and the extent of any threat to the Dunwoody community. 

In instances where the College moves forward with a complaint resolution process without the participation of the individual who has alleged the sexual misconduct, the individual who is alleged to have been subject to the misconduct will have the same rights as provided to a complainant under this Policy even if the individual is not named as a complainant.

Dunwoody will take all reasonable steps to investigate and respond to the complaint consistent with the request for confidentiality or request not to pursue an investigation made by the individual who has alleged the sexual misconduct, however, the scope of the response by Dunwoody may be impacted or limited based on the nature of the individual’s request.  The Title IX Coordinator may determine that the individual’s request for confidentiality or no action cannot be honored.  The presence of one or more of the factors above could lead Dunwoody to move forward with a complaint resolution process (even without the participation of the individual who has alleged the sexual misconduct).  In this instance, the Title IX Coordinator or designee will inform the individual about the chosen course of action, which may include an investigation of the incident(s) reported and may, at the individual’s request, communicate to the accused that the individual asked Dunwoody not to investigate and that Dunwoody determined it needed to do so.  Alternatively, action could include steps to limit the effects of the alleged misconduct and prevent its recurrence that do not involve an investigation or formal disciplinary action against the accused or reveal the identity of the individual who has alleged the sexual misconduct.  In order to protect the rights and safety of this community, Dunwoody reserves the right to take whatever measures deemed necessary in response to an allegation of sexual misconduct.  While Dunwoody cannot guarantee confidentiality, it will strive to accommodate the individual’s requests to the extent possible consistent with the legal obligations of Dunwoody to respond appropriately to reports.

Clery Act Reporting and Timely Warning

Pursuant to the Clery Act, Dunwoody includes statistics about certain offenses in its annual security report and provides those statistics to the United States Department of Education and Minnesota Office of Higher Education in a manner that does not include any personally identifying information about individuals involved in an incident. In addition, the Clery Act requires Dunwoody to issue a crime alert (timely warning) to the campus community about certain reported offenses which may represent a serious or continuing threat to students and employees.  If Dunwoody determines that the alleged respondent(s) poses a serious and immediate threat to the Dunwoody community, Campus Security may be called upon to issue a timely warning to the community.  The timely warning may include that an incident has been reported, general information surrounding the incident, and how incidents of a similar nature might be prevented in the future.  The timely warning will not include any identifying information about the individual who has alleged the sexual misconduct. In addition, publicly available recordkeeping, including Clery Act reporting and disclosures such as the annual security report and daily crime log, will not include names or other information that may personally identify either party, to the extent permitted by law. To ensure that a victim’s personally identifying information will not be included in publicly available recordkeeping, the Title IX Coordinator describes the alleged incidents by removing the victim’s and accused’s names and any other identifiers that would enable the public to identify either party in the context of the incident report.  
All Dunwoody processes are conducted in compliance with the requirements of FERPA, the Clery Act, Title IX, and state and federal law. No information shall be released from such processes except as required or permitted by law and Dunwoody policy.

Minnesota law requires institutions to collect statistics, without inclusion of any personally-identifying information, regarding the number of reports of sexual assault received by an institution and the number of types of resolutions.  See Minnesota Statute Section 135A.15.  Data collected for purposes of submitting annual reports containing those statistics to the Minnesota Office of Higher Education under Minn. Stat. 135A.15 shall only be disclosed to the victim, persons whose work assignments reasonably require access, and, at the victims request, police conducting a criminal investigation.  Nothing in this paragraph is intended to conflict with or limits the authority of Dunwoody to comply with other applicable state or federal laws.

Immediate and Ongoing Assistance following an Incident of Sexual Misconduct

Dunwoody will support any person adversely impacted by sexual misconduct.  Both Dunwoody and the Minneapolis community provide a variety of resources to assist and support individuals who have experienced sexual misconduct or are affected by allegations of sexual misconduct. These resources, both immediate and ongoing, are available to all persons irrespective of their decision to report to the College or to law enforcement.  Contact information for on- and off-campus resources (including confidential resources) who can provide an immediate response in a crisis situation, including assisting with obtaining needed resources and explaining reporting options, is listed in the Resources section at the end of this policy and on the College’s website.  Emergency numbers and information about health care options are also listed in the Resources section at the end of this policy and on the College’s website.

Support services that may be available include, but are not limited to, connecting the individual with appropriate on-campus and off-campus counseling, health, mental health, victim advocacy, legal assistance, visa and immigration assistance, student financial aid, and support services; making changes to academic, living, transportation, and/or working arrangements; assistance in filing a criminal complaint; and providing information about restraining orders and other available protections and services.  Additional information about ongoing assistance is in the Interim Measures section below.  To receive information about obtaining support services, individuals should contact the Title IX Coordinator or a confidential resource.

Dunwoody will provide written notification to affected individuals about existing counseling, health, mental health, victim advocacy, legal assistance, visa and immigration assistance, student financial aid, and other services available for victims, both within the College and in the community.

A complete description of Dunwoody and community resources, both confidential and non-confidential, and additional information regarding what to do if you are sexually assaulted is provided in the Resources section at the end of this policy and on the College’s website.  Individuals who believe they have been subjected to any form of sexual misconduct are encouraged to seek support from these resources.

Reporting Sexual Misconduct

The College encourages anyone who has experienced or knows of sexual misconduct to report the incident to the College. Reports should include as much information as possible to enable the College to respond appropriately. An individual may report sexual misconduct to the College by contacting the following:

Carla Pogliano Connor, Ph.D.
Title IX Coordinator
Vice Provost for Program Development and Compliance
612-381-8236
Office: Silver Level
cconnor@dunwoody.edu

Students: Dean of Students, Kelli Sattler 612-381-3437
Office: Pinska Center, ksattler@dunwoody.edu

Employees: Vice President of Human Resources,
Patricia Edman 612-381-3308, Office: Blue 54
pedman@dunwoody.edu

The College wants to respond appropriately to all incidents of sexual misconduct, but it can do so only if it is aware of them.  Dunwoody, therefore, encourages all individuals to report all incidents of sexual misconduct to the College so that the College can appropriately address such incidents.  Reports can be made by telephone, via email, or in person.  As discussed below, individuals also have the option to file an anonymous report using the College’s anonymous online reporting form.

When a student or employee reports to the College that they have been a victim of sexual assault, dating violence, domestic violence, or stalking, whether the offense occurred on or off campus, the College will provide the student or employee with a written explanation of the student’s or employee’s rights and options and procedures victims should follow.

Statistics relating to reports to Dunwoody of certain criminal offenses will be represented in the annual crime statistics published by Dunwoody as required by applicable law.

Employee Reporting Obligations

In order to enable Dunwoody to respond effectively and to prevent future instances of sexual misconduct, all Dunwoody employees who are not confidential resources, who obtain or receive information regarding a possible violation of this policy must report that information to the Title IX Coordinator. Student employees who receive such information in the course of their work position or duties also must report the information to the Title IX Coordinator.  Such report should be made as soon as possible and should include all relevant details needed to assess the situation.  This includes, to the extent known, the names of the accused (if known), the individual alleged to have experienced the sexual misconduct, other individuals involved in the incident, as well as relevant facts, including the date, time, and location.  Employees who receive such reports should not attempt to “investigate” the allegation or require the alleged victim/reporting individual to provide all of the details surrounding the alleged misconduct.  To the extent the alleged victim/reporting individual provides detail, that information should be provided to the Title IX Coordinator.  Upon receiving a report of alleged or possible sexual misconduct, the Title IX Coordinator will evaluate the information received and determine what further actions should be taken consistent with the complaint resolution process and this policy.  

Mandatory Reporting Concerning Minors

Any Dunwoody employee who becomes aware of the abuse (physical or sexual) or neglect of a child under the age of 18 on campus or in connection with any Dunwoody event, program, or activity must report it immediately to Campus Security and the Title IX Coordinator.  In addition, as a mandatory reporter under Minnesota law, such individual must also immediately report the abuse or neglect to the local welfare agency, agency responsible for assessing or investigating the report, police department, or county sheriff.

Anonymous Reports

The College will accept anonymous reports of sexual misconduct.  Reports may be filed anonymously using the College’s anonymous online reporting form without requesting further action from the College.  The individual making the report is encouraged to provide as much detailed information as possible to allow the College to investigate the report and respond as appropriate.  The College may be limited in its ability to investigate an anonymous report unless sufficient information is furnished to enable the College to conduct a meaningful and fair investigation.   

Reporting to Law Enforcement

Some types of sexual harassment and sexual misconduct prohibited by this policy, such as sexual assault, also constitute criminal conduct.  If you are the victim of sexual assault or another crime, Dunwoody encourages you to contact law enforcement immediately.  Law enforcement can help you obtain medical treatment, can immediately begin an investigation, and can take steps to ensure that evidence is preserved so that the crime may be prosecuted.  Dunwoody will, at the direction of law enforcement, provide complete and prompt assistance in obtaining, securing, and maintaining evidence in connection with criminal conduct that violates this policy.  

Reporting potentially criminal conduct to Dunwoody does not require an individual to make a report to law enforcement.  However, at the victim’s request, Dunwoody will provide assistance in reporting criminal conduct to law enforcement and will preserve any materials relevant to a report or proceeding initiated under this policy.  The College will comply with an individual’s request for assistance in notifying authorities.  

Additionally, a decision not to file a criminal complaint does not preclude a complainant from making a complaint under this policy.  An individual can bring a complaint under Dunwoody’s policy, even if the individual chooses not to report to law enforcement.

If you would like to report sexual violence to law enforcement, the Minneapolis Police Department can be contacted by calling 911 or (612) 673-5701. This phone number is a call directly to the Police Department. You will be asked the nature of your call and be connected with specific law enforcement officers who are trained to interact with sexual assault victims.  

Minnesota law provides individuals who report crimes to law enforcement with certain rights.  For further information, consult Crime Victim Rights, a publication of the Minnesota Department of Safety, or Minnesota Statutes Chapter 611A.

Harassment Orders, Protective Orders, and No-Contact Orders

Individuals who would like to avoid contact with another individual have several options available to them, including seeking a harassment restraining order or protective order from a civil court or requesting a no-contact order from the College. 

Harassment restraining orders and orders for protection are legal orders issued by a state court which forbid someone from harassing and/or making contact with another.  A harassment restraining order is a court order issued against an alleged harasser, regardless of the relationship between the alleged harasser and the alleged victim, which orders the harasser to stop harassing the victim and/or to have no contact with the victim.  An order for protection is a civil court order that protects one family or household member from domestic abuse by another family or household member.  The College does not issue harassment restraining orders or orders for protection, but one can be obtained through making an application to the Hennepin County District Court.  Petition forms to apply for Harassment Restraining Orders or to seek an Order for Protection are available at the Hennepin County Government Center in downtown Minneapolis, 300 S. 6th Street, Minneapolis, MN 55847. Forms are also available on-line from the Minnesota Judicial Branch website at www.mncourts.gov, but forms must be submitted to the Court Administrator at the Hennepin County Government Center during business hours.  Individuals seeking an order for protection may obtain assistance from the Hennepin Domestic Abuse Service Center at the Hennepin County Government Center, 300 S. 6th Street, Room #A-0650 (lower level), Minneapolis, MN 55487.  Individuals may schedule an appointment at the Domestic Abuse Service Center by calling (612) 348-5073, or walk-in assistance is available on a limited basis.  Individuals seeking a harassment restraining order may seek assistance on a walk-in basis from the Hennepin County Court Self-Help Center at the Hennepin County Government Center, 300 S. 6th Street, 2nd Floor, PSL, Minneapolis, MN 55487. 

A no-contact directive is a College-issued directive that prohibits one or both parties from communication or contact with another.  No-contact directives may be mutual or one-sided.  Generally, no-contact directives issued pending the outcome of an investigation will be mutual and serve as notice to both parties that they must not have verbal, electronic, written, or third party communication with one another.  To request a no-contact directive from the College, individuals should contact Carla Connor, Ph.D., Title IX Coordinator and Vice Provost for Program Development and Compliance, 612-381-8236, Office: Silver Level, cconnor@dunwoody.edu

The College is responsible for honoring requests for information about available options for orders for protection, restraining orders, and no-contact orders and has a responsibility to comply with and enforce such orders.  To request additional information about available options for orders for protection, restraining orders, and no-contact orders, contact the Title IX Coordinator.  An order of protection and/or harassment restraining order can be enforced by contacting local law enforcement. A College-issued no-contact directive may be enforced by contacting Dunwoody Campus Security or the Title IX Coordinator. The College will fully cooperate with any harassment restraining order and/or order for protection issued by a criminal, civil, or tribal court.  

Crime Victims Bill of Rights

Pursuant to state law, victims of crime must be informed of their rights under the Crime Victims Bill of Rights. The following is a summary of crime victims’ rights under Minnesota law.

When a crime is reported to law enforcement, victims have the right to:

  • Request that their identity be kept private in reports available to the public;
  • Be notified of crime victim rights and information on the nearest crime victim assistance program or resource;
  • Apply for financial assistance for non-property losses related to a crime;
  • Participate in prosecution of the case, including the right to be informed of a prosecutor’s decision to decline prosecution or dismiss their case;
  • Protection from harm, including information about seeking a protective or harassment order at no cost;
  • Protection against employer retaliation for taking time off to attend protection or harassment restraining order proceedings; and
  • Assistance from the Crime Victims Reparations Board and the Commissioner of Public Safety.

Victims of domestic abuse also have the right to terminate a lease without penalty.  Victims of sexual assault have the right to undergo a confidential sexual assault examination at no cost, make a confidential request for HIV testing of a convicted felon, and are not required to undergo a polygraph examination in order for an investigation or prosecution to proceed.  In cases of domestic abuse and violent crime where an arrest has been made, victims also have the right to be provided notice of the release of the offender, including information on the release conditions and supervising agency.

Complete information about crime victims’ rights can be found at: dps.mn.gov/divisions/ojp/help-for-crime-victims/Pages/crime-victims-rights.aspx.

Information about victims’ rights is also available from the Title IX Coordinator or from the Minnesota Department of Public Safety, Office of Justice Programs, and in Minnesota Statutes Chapter 611A.

Retaliation Prohibited

Retaliation against any individual for making a complaint under this policy, for opposing harassment, or for participating in an investigation of any claim regarding harassment or sexual misconduct is strictly prohibited.  Dunwoody will not tolerate any form of retaliation, either on campus or off campus, against any individual who makes a good faith report or complaint of a potential policy violation, supports another person’s report or complaint, responds in good faith to a complaint, participates in good faith in the investigation of a complaint or the complaint resolution process, or opposes in good faith a practice or conduct that the personal reasonably believes is in violation of this policy.  Encouraging or assisting others to engage in retaliation also violates this Policy.  If you feel you have experienced such retaliation, you should immediately contact:

Carla Pogliano Connor, Ph.D.
Title IX Coordinator
Vice Provost for Program Development and Compliance
612-381-8236
Office: Silver Level
cconnor@dunwoody.edu

The following individuals may also be contacted:

Students: Dean of Students, Kelli Sattler 612-381-3437
Office: Pinska Center, ksattler@dunwoody.edu

Employees: Vice President of Human Resources, Patricia Edman 612-381-3308, Office: Blue 54
pedman@dunwoody.edu

As described in the Complaints of Retaliation, Violation of Interim Measures, and Violation of Sanctions section below, Dunwoody will take appropriate action against any individual who retaliates against another person in violation of this policy.  Retaliation is defined in the Definitions section of this policy. 

Waiver of Drug/Alcohol Violations

Dunwoody strongly encourages reporting instances of sexual misconduct, including sexual assault, dating violence, domestic violence, and stalking.  Consequently, individuals who make a good faith report of such information, and individuals who participate in an investigation into allegations of violations of this policy, will not be disciplined by Dunwoody for any violation of its drug and alcohol policies in which they might have engaged in connection with the reported incident.  Dunwoody, however, reserves the right to require individuals to participate in training or educational programming designed to reduce risk and promote health and wellbeing.  The participation in such training or educational programming will not be reflected on a community member’s official records.

General Provisions for Complaint Resolution Process

When Dunwoody receives a complaint of a potential policy violation, Dunwoody will promptly investigate and address the complaint pursuant to the guidelines and procedures set forth below.

Rights of the Complainant and Respondent

The complainant and respondent are entitled to:

  • Be treated with respect, sensitivity, and dignity;
  • Appropriate support from the College;
  • Privacy to the extent possible based on applicable law and College policy;
  • Information on the policy and procedures;
  • The right to participate or decline to participate in the complaint resolution process, with the acknowledgement that not participating, either totally or in part, may not prevent the process from proceeding with the information available;
  • Equitable procedures that provide both parties with a prompt, fair and impartial investigation and resolution conducted by officials who receive annual training on conduct prohibited by the policy;
  • Notice of the allegations and defenses and an opportunity to respond;
  • An equal opportunity to identify relevant witnesses and other evidence and to suggest possible topics to be covered with witnesses during the formal process;
  • For the complainant, not to be questioned or have evidence considered regarding the complainant’s prior sexual conduct with anyone other than the respondent;
  • For the complainant, not to be treated in a manner that suggests she or he is at fault for the sexual assault or violence or that she or he should have acted in a different manner to avoid becoming a victim;
  • The right to appeal the decision and/or the sanctions;
  • The right to notification, in writing, of the resolution, including the outcome of any appeal;
  • The right to report the incident to law enforcement at any time or to decline to do so.

Additional Rights in Cases Involving Allegations of Sexual Assault, Dating Violence, Domestic Violence, or Stalking

In cases involving allegations of sexual assault, dating violence, domestic violence, or stalking, the following rights will be afforded to the complainant and the respondent in addition to those rights described above. 

  • The complainant and respondent will be provided timely notice of meetings at which the complainant or respondent may be present.
  • The complainant and respondent will be provided timely and equal access to any information that will be used during informal and formal disciplinary meetings during the adjudication phase of the complaint resolution process.
  • The complainant and respondent have the right to the complete and prompt assistance of campus authorities, at the direction of law enforcement authorities, in obtaining, securing, and maintaining evidence in connection with a sexual assault incident. 
  • The complainant and respondent have the right to the assistance of campus authorities in preserving materials relevant to a campus complaint proceeding. 
  • The complainant and respondent have the right to have an advisor present during the complaint resolution process.  The College will not limit the choice of advisor or presence of the advisor for the complainant or respondent in any meeting or disciplinary process.  See the Advisors section below for additional information and rules regarding the conduct of advisors.
  • The complainant and respondent have the right to the assistance of campus personnel (during and after the complaint process), in cooperation with the appropriate law enforcement authorities, in shielding the complainant or respondent, at their request, from unwanted contact with the complainant or respondent, including but not limited to transfer to alternative classes or to alternative college-owned housing, if alternative classes or housing are available and feasible. 
  • The complainant and the respondent have the right to be provided access to their own description of the incident, as they reported it to Dunwoody, including if the individual transfers to another post-secondary institution, subject to compliance with FERPA, the Clery Act, Title IX, and other federal or state law.  Requests for an individual’s description of the incident should be made to the Title IX Coordinator.
  • The complainant has the right to decide when to repeat a description of an incident of sexual assault, dating violence, domestic violence, or stalking and the respondent has the right to decide when to repeat a description of a defense to such allegations.

In addition, a complainant who alleges sexual assault, dating violence, domestic violence, or stalking has the following rights:

  • To be informed by the College of options to notify proper law enforcement authorities, including on campus and local police, of a sexual assault, dating violence, domestic violence, or stalking incident, or to decline to notify such authorities;
  • To the complete and prompt assistance of campus authorities, at the complainant’s request, in notifying law enforcement officials and College officials of a sexual assault, dating violence, domestic violence, or stalking incident and filing criminal charges with local law enforcement officials in sexual assault, dating violence, domestic violence, and stalking cases. 
  • To be offered fair and respectful health care, counseling services, or referrals to such services and notice of the availability of campus or local programs providing sexual assault, dating violence, domestic violence, or stalking advocacy services;
  • To be offered assistance from the Crime Victim Reparations Board and the Commissioner of Public Safety.
  • For students who choose to transfer to another post-secondary institution, the right to receive information about resources for victims of sexual assault, dating violence, domestic violence, or stalking at the institution to which the victim is transferring

Advisors in Cases involving Allegations of Sexual Assault, Dating Violence, Domestic Violence, or Stalking

The complainant and the respondent in the complaint resolution process involving allegations of sexual assault, dating violence, domestic violence, and stalking have the right to be assisted by an advisor of their choice, including an attorney.  Generally, the advisor selected by the complainant or respondent should be free of conflicts of interest in the resolution process and, if a member of the Dunwoody community, the advisor should be free of conflicts in his or her position in the community.  An individual has the right to decline a request to serve as an advisor in Dunwoody’s complaint resolution process.

Guidelines for advisors are:

  • The purpose of the advisor is to support an individual during the complaint resolution process.  An advisor is permitted to accompany the individual to in-person interviews or other meetings during the complaint resolution process.  In selecting an advisor, each party should consider the potential advisor’s availability to attend in-person interviews and meetings.  As a general matter, the College will not unnecessarily delay its proceedings to accommodate the schedules of advisors.  
  • Advisors may confer with their advisee, but they may not actively participate in the complaint resolution process. The advisor may accompany the complainant or respondent to all meetings relating to the complaint resolution process. The advisor may not appear in lieu of the complainant or respondent or speak on their behalf in either in-person or written communications to the College. The advisor may not communicate directly with the investigator, adjudicators, appeal officers, Title IX Coordinator or any other school official involved in the complaint resolution process and may not interrupt or otherwise delay the complaint resolution process.
  • Advisors may have access to information concerning a case only when accompanying the party (for in-person access to information) or only when the party has given permission for the advisor to be copied on emails or other correspondence (for access to written communications).  An advisor’s access to such information is subject to the same limitations as those placed upon the parties and conditioned upon the advisor’s agreement to maintain the confidentiality of any student education records or other confidential information.  
  • If a party selects an attorney as an advisor, the advisor’s participation in the complaint process is in the role of an advisor and not as an attorney representing a party.   The advisor will have access to highly confidential information and is prohibited from sharing information obtained as an advisor during the complaint process with anyone, including other individuals who may be part of an attorney-client relationship with the party.
  • The College will notify a party to a complaint resolution process if another party involved in the complaint resolution process has obtained an advisor.  The notice shall indicate if the other party’s advisor is an attorney.  
  • Advisors will be required to sign an Advisor Agreement acknowledging receipt and understanding of these requirements.  Failure to comply with these requirements, including violations of confidentiality, or other forms of interference with the complaint resolution process by the advisor may result in disqualification of an advisor.  The College reserves the right to dismiss an advisor.

Requests for Reasonable Accommodations

Individuals who need a reasonable accommodation should contact the Title IX Coordinator.  The College will consider requests for reasonable accommodations submitted to the Title IX Coordinator on a case-by-case basis.  Accommodations the College may provide include:

  • Providing reasonable accommodations as required by law to an individual with a disability who requests an accommodation necessary to participate in the complaint resolution process.
  • Providing an interpreter for individuals who are limited English-language proficient.

Protective and Interim Measures

The College will provide written notification to victims about options for, available assistance in, and how to request changes to academic, living, transportation, and working situations or protective measures.  The College is obligated to comply with a student’s reasonable request for a living and/or academic situation change following an alleged sex offense. At any time after a report of a potential violation of this policy has been received by the College, the Title IX Coordinator or designee(s) will consider whether interim actions, accommodations, or protective measures are reasonably necessary or appropriate to protect the parties and the broader Dunwoody community, pending completion of the complaint resolution process. The College will make accommodations and provide protective measures for an individual who believes he or she has experienced sexual misconduct, if requested and reasonably available.  The College must make such accommodations and provide such protective measures even when an individual asks to keep a reported violation of this policy confidential, when a request is made to not investigate the matter, and regardless of whether an individual chooses to report to law enforcement.  When appropriate, such interim actions, accommodations, and protective measures may be available to the complainant, respondent, and others adversely impacted by the complaint resolution process, if requested and reasonably available.

Examples of interim actions, accommodations, and protective measures include, without limitation:

  • Establishing a “no contact” directive prohibiting the parties involved from communicating with each other during the response and resolution process.
  • Changing an individual’s dining arrangements.
  • Assistance in finding alternative housing.
  • Special parking arrangements.
  • Changing an individual’s student or employee status or job responsibilities.
  • Changing an individual’s work or class schedule.
  • Providing academic accommodations or providing assistance with academic issues.
  • Providing security escorts.
  • Providing a temporary cellphone.
  • Access to counseling and medical services.
  • Making information about orders for protection and harassment restraining orders available to a complainant.
  • Assistance identifying an advocate to help secure additional resources or assistance, including off-campus and community advocacy, support, and services.
  • For students who choose to transfer to another institution: At the student’s request, providing information about resources for victims of sexual assault at the institution to which the student is transferring. 

The College determines which measures are appropriate for a particular individual on a case-by-case basis.  Such measures will vary based on the particular facts and circumstances, including but not limited to the specific need expressed by the complainant, the age of the student[s] involved, the severity or pervasiveness of the allegations, any continuing effects on the complainant, whether the complainant and alleged respondent share the same dining hall, class, transportation, or job location, and whether other judicial measures have been taken to protect the complainant. The Title IX Coordinator will be responsible for determining what measures will be put in place.
To request an accommodation or interim measure, individuals should contact the Title IX Coordinator. 

The College will maintain as confidential any interim measures or protective measures provided to an individual, to the extent that maintaining such confidentiality would not impair the ability of the College to provide the accommodations or protective measures.  The College will only disclose information necessary to provide the accommodations or protective measures in a timely manner to individuals who need to know the information in order to effectively provide the accommodations or protective measures.  The Title IX Coordinator will determine what information about a victim should be disclosed and to whom this information will be disclosed based on the facts and circumstances of the specific situation and the accommodation to be provided.  The College will inform the victim before sharing personally identifying information that the College believes is necessary to provide an accommodation or protective measure.  The College will tell the victim which information will be shared, with whom it will be shared, and why it will be shared.
Additional services are available on campus and/or in the community, as described in the Resources section at the end of this policy and on the College’s website.  

Any concern about a violation of an interim measure should be reported to the Title IX Coordinator promptly.

Obligation to Act in Good Faith

Reports and complaints of alleged sexual misconduct should be made only in good faith.  Complaints that are not made in good faith may be a form of retaliation under this policy and/or may violate other Dunwoody policies.  All parties and witnesses have an obligation to be truthful in the process.  

Conflicts

If a complainant or respondent has any concern that any individual acting for the College under this policy has a conflict of interest or bias, such concern should be reported in writing to the Title IX Coordinator.  Any concern regarding a conflict of interest or bias must be submitted in writing within two (2) calendar days after receiving notice of the person’s involvement in the process.  The Title IX Coordinator will review the concerns and take appropriate steps to ensure that no conflicts of interest exist on the part of anyone investigating or resolving a complaint under this policy.  

If the Title IX Coordinator has a conflict of interest with respect to a complaint, the College’s Vice President of Human Resources shall appoint an alternate person to oversee adherence to the Sexual Misconduct Policy with respect to the complaint at issue.  If the Title IX Coordinator and Vice President of Human Resources have a conflict of interest with respect to a complaint, the Dean of Students shall ensure that the College puts in place appropriate safeguards under the circumstances to ensure that the institution promptly and equitably responds to the complaint, including, but not limited to, appointment of alternate individuals to oversee adherence to the Sexual Misconduct Policy.

Non-Participation and Silence

Either party may decline, at any time, to provide information or participate further in the complaint resolution process.  If, at any time during the complaint resolution process, a party decides not to participate, the College will proceed with the complaint resolution process and make a determination based upon the information available.  Even if a party decides not to participate or chooses to stop participating at a phase of the process, the party will still be given the option to participate during additional phases of the process.  A respondent’s silence in response to a complainant’s allegation will not necessarily be viewed as an admission of the allegation, but may leave the complainant's allegations undisputed.  Similarly, a complainant’s silence in response to a respondent’s denials or defenses will not necessarily be viewed as an admission of the denials or defenses, but may leave the respondent’s denials or defenses undisputed.

Time Frames for Resolution

Dunwoody is committed to the prompt and equitable resolution of allegations of sexual misconduct. Dunwoody will strive to conclude the response and resolution process within 75 days of receiving a complaint alleging a policy violation. Specific time frames for each phase of the complaint resolution process are set forth in the Procedures for Sexual Misconduct Complaint Resolution below. 

Each phase of the process will generally be as follows:

  • Review of report or complaint and Notice of complaint to the respondent— nine calendar (9) calendar days
  • Investigation—thirty-five (35) calendar days
  • Response and Rebuttal—ten (10) calendar days
  • Adjudication—twenty-one (21) calendar days

Circumstances may arise that require the extension of time frames based on the complexity of the allegations, the number of witnesses involved, the availability of the parties involved, witnesses being absent from campus, the effect of a concurrent criminal investigation, unsuccessful attempts at informal resolution, any intervening school break, vacation, or other unforeseen circumstance.   

In cases where conduct that violates this policy has also been reported to the police, Dunwoody will not delay its investigation and resolution procedures in order to wait for the conclusion of a criminal investigation or proceeding.  The College will, however, comply with valid requests by law enforcement for cooperation in a criminal investigation.  As such, the College may need to delay temporarily an investigation under this policy while law enforcement is in the process of gathering evidence. This process typically takes 7-10 days.  Once law enforcement has completed its gathering of evidence, the College will promptly resume and complete its investigation and resolution procedures.

In the event that the investigation and resolution exceed the 75-day timeframe, or to the extent additional time is needed during any of the phases of the process discussed above or below, the College will notify all parties of the reason for the delay and the expected adjustment in time frames. When a time frame for a specific phase of the process, as set forth below, is less than five (5) calendar days, Dunwoody may, in its discretion, use business days to calculate the time frame deadline.  Efforts will be made to complete the process in a timely manner balancing principles of thoroughness, fundamental fairness, and promptness. 

Complainants are encouraged to begin the complaint resolution process as soon as possible following an alleged incident. There is no statute of limitation for reporting prohibited conduct to the College under this policy; however, the College’s ability to respond may diminish over time, as evidence may erode, memories may fade, and respondents may no longer be affiliated with the College.  If a complaint is brought forward more than three (3) calendar years after an alleged incident, the College, in its discretion, may decline to process a complaint under these procedures, but reserves the right to take other administrative action as appropriate depending on the specific circumstances of the complaint, and will provide reasonably appropriate remedial measures, assist the complainant in identifying external reporting options, and take reasonable steps to eliminate prohibited conduct, prevent its recurrence, and remedy its effects.  If at least one party involved in the complaint is still a member of the College community as a student or employee, the complaint generally will be processed under these procedures.

Application of Policy

When the College receives a report or complaint of a violation of this Policy, the College will apply the complaint resolution procedures from the Policy that is in effect at the time that the report or complaint is made and generally will apply the sexual misconduct definitions from the policy that was in effect at the time the alleged misconduct occurred.  

Reservation of Flexibility

The procedures set forth in this policy reflect the College’s desire to respond to complaints in good faith and in a manner that promotes fairness to all parties.  The College recognizes that each case is unique and that circumstances may arise which require that it reserve some flexibility in responding to the particular circumstances of the matter.  Where it is not possible or practical to follow these procedures, the College reserves the right to modify the procedures or to take other administrative action as appropriate under the circumstances. 

In instances where a complaint is made against an individual who is not a student or employee of the College, the College reserves discretion to use a process or procedures other than those outlined below, as appropriate under the circumstances.

Procedures for Sexual Misconduct Complaint Resolution

All processes involving a sexual misconduct complaint will provide a prompt, fair, and impartial investigation and resolution.  Processes will be conducted by individuals who do not have a conflict of interest or bias for or against the complainant or respondent and who receive annual training on the issues related to sexual harassment, sexual assault, domestic violence, dating violence, stalking, and how to conduct an investigation and decision-making process that protects the safety of all and promotes accountability.  The training is free of bias such as sex stereotypes or generalizations and includes the following topics: relevant evidence and how it should be used, proper techniques for questioning witnesses, basic rules for conducting proceedings, avoiding actual or perceived conflicts of interest, preventing sexual assault, responding to incidents of sexual assault, the dynamics of sexual assault, neurobiological responses to trauma, and compliance with state and federal laws on sexual assault.  In addition, processes will be conducted by individuals who do not have a conflict of interest or bias for or against the complainant or respondent.

Sexual Misconduct Complaint

The filing of a complaint begins the complaint resolution process under this procedure.  In most cases, complaints are made by the complainant.  However, the College reserves the right to move forward with the complaint resolution process to protect the safety and welfare of the community, even if an individual chooses not to make or move forward with a complaint.  Generally, the Title IX Coordinator will make a determination of whether the College will move forward with a complaint resolution process in the absence of a filed complaint. If the College decides that it has an obligation to move forward with the complaint resolution process, it will notify the alleged victim before proceeding.

Complaints of sexual misconduct should be made through the Title IX Coordinator or the following designees:

Carla Connor, Ph.D. 
Title IX Coordinator
Vice Provost for Program Development and Compliance
612-381-8236 cconnor@dunwoody.edu
Office: Silver Level 

Students:
Kelli Sattler 
Dean of Students
612-381-3437
Office: Pinska Level
ksattler@dunwoody.edu

Employees:
Patricia Edman
Vice President of Human Resources
612-381-3308
Office: Blue 54
pedman@dunwoody.edu

Initial Title IX Review and Assessment and Notice to Respondent

In most cases, the first step of the complaint resolution process is a preliminary meeting between the complainant and the Title IX Coordinator or the Title IX Coordinator’s designee(s). The purpose of the preliminary meeting is to allow the Title IX Coordinator to gain a basic understanding of the nature and circumstances of the report or complaint; it is not intended to be a full investigation interview.

As part of the initial meeting with the complainant, the Title IX Coordinator or the Title IX Coordinator’s designee(s) will:

  • assess the nature and circumstances of the allegation;
  • address immediate physical safety and emotional well-being of the complainant;
  • notify the complainant of the right to contact law enforcement and seek medical treatment;
  • notify the complainant of the importance of preservation of evidence;
  • provide the complainant with information about on- and off-campus resources;
  • notify the complainant of the range of interim accommodations and remedies;
  • provide the complainant with an explanation of the procedural options, including how to file a complaint and the complaint process;
  • in cases involving allegations of sexual assault, dating violence, domestic violence, or stalking, advise the complainant of the right to have an advisor of choice;
  • discuss the complainant’s expressed preference for the manner of resolution and any barriers to process; and
  • explain the College’s policy prohibiting retaliation.

All reports and complaints of sexual misconduct will be reviewed by the Title IX Coordinator and/or the Title IX Coordinator’s designee(s) to determine the risk of harm to individuals or to the campus community. Steps will be taken to address these risks in consultation with the members of the Title IX Team. The Title IX Coordinator and/or the Title IX Coordinator’s designee(s) will also assess the reported conduct for the need for a timely warning under the Clery Act; and assess for pattern evidence or other similar conduct by respondent.  

The Title IX Coordinator or designee(s) has discretion to refer the matter to other College disciplinary procedures. This referral option will generally be used when the alleged behavior does not fall within the policy or the alleged behavior applies to another disciplinary procedure.  If the Title IX Coordinator or designee(s) determines that the report or complaint, even if substantiated, would not be a violation of this policy, they may dismiss the matter or refer it to another applicable disciplinary procedure.  The parties will be notified of that determination and the complainant will be informed of other procedures for resolving the complaint and of other resources that may be available to the complainant.

When the Title IX Coordinator has received a complaint of sexual misconduct, the Title IX Coordinator or designee(s) will meet with the respondent and will:

  • notify the respondent of the complaint and alleged policy violation  that is being investigated;
  • provide the respondent an explanation of the complaint process;
  • notify the respondent of the importance of preservation of evidence;
  • notify the respondent of any interim accommodations or protective measures that have been put in place that directly relate to the respondent (i.e., no-contact order);
  • notify the respondent of any available interim accommodations and protective measures;
  • provide the respondent with information about on- and off-campus resources; 
  • in cases involving allegations of sexual assault, dating violence, domestic violence, or stalking, advise the respondent of the right to have an advisor of choice; and
  • explain the College’s policy prohibiting retaliation.

This stage of initial review of the report or complaint by the Title IX Coordinator and initial notice of complaint to the respondent generally will take no more than nine (9) calendar days.

Investigation of Other College Policy Violations

If a complaint of sexual misconduct also implicates alleged violations of other Dunwoody policies, the Title IX Coordinator or the Title IX Coordinator’s designee(s), in coordination with other appropriate school officials, will evaluate the allegations to determine whether the investigation of the alleged sexual misconduct and the other alleged policy violations may be appropriately investigated together without unduly delaying the resolution of the sexual misconduct complaint.  Where the Title IX Coordinator or the Title IX Coordinator’s designee(s), in coordination with other appropriate school officials,  determines that a single investigation is appropriate, the determination of responsibility for each of the alleged policy violations will be evaluated under the applicable policy, but the investigation and adjudication will be conducted in accordance with this Policy.

Voluntary Resolution Process

When the complainant chooses to move forward with the complaint resolution process, the complainant has the option to proceed informally, where permissible.In cases involving complaints against students where material facts are not in dispute and the alleged misconduct does not constitute a significant policy violation (for example, a single inappropriate comment), the Dean of Students may, at his or her discretion, determine an appropriate fair and equitable resolution without involvement of the Provost and notify the parties and the Provost of the outcome.In cases involving complaints against faculty or non-student Dunwoody employees where material facts are not in dispute and the alleged misconduct does not constitute a significant policy violation, the Vice President of Human Resources may determine an appropriate fair and equitable resolution and notify the parties of the outcome.  The voluntary resolution process will generally not be allowed in cases of sexual assault, domestic violence, dating violence, or stalking.   

The College will not compel a complainant or respondent to engage in mediation, to directly confront the other party, or to participate in any particular form of informal resolution.In cases involving allegations of sexual assault or more serious sexual misconduct, informal resolution may not be appropriate.

In cases where the voluntary resolution process is used, either party may request to end the voluntary process (and return to the formal resolution process below) at any time before completion.The Title IX Coordinator may also choose to end the voluntary process prior to completion.

Any informal resolution must adequately address the concerns of the complainant, as well as the rights of the respondent and the overall intent of the University to stop, remedy, and prevent policy violations.In its effort to stop, remedy, and prevent policy violations, the College will take prompt and corrective action through the imposition of individual and community remedies designed to maximize the complainant’s access to the educational and extracurricular activities of the College. Examples of potential remedies are provided in the Protective and Interim Measures section of the policy.  The recommended resolution may also include other institutional responses or requirements imposed on the respondent. 

The voluntary resolution process ends when a resolution has been reached or when the complainant, the respondent, or the College terminates the process.  If the parties to the complaint agree in writing to the terms and conditions of a recommended resolution within five (5) calendar days of the Title IX Coordinator or the Title IX Coordinator’s designee presenting the recommended resolution to the parties, the case will be resolved without further process under this procedure.  If all parties to the complaint do not agree in writing to the terms and conditions of the recommended resolution within five (5) calendar days of the Title IX Coordinator or the Title IX Coordinator’s designee presenting the recommended resolution to the parties, the complaint will be referred to the formal resolution process.  If the complaint is referred to the formal resolution process, the time spent attempting to reach an informal resolution generally will not be counted as part of the seventy-five (75)-day time frame discussed in the “Time Frames for Resolution” section above.

Appeals are not allowed in cases where the parties have agreed to a voluntary alternative resolution of the matter. 

Formal Resolution Process

If the complaint is not processed or resolved through the voluntary resolution process discussed above, the complaint will be processed according to the formal resolution process outlined below.

Investigation

Dunwoody will appoint one or more trained and impartial investigators to conduct a prompt, equitable, thorough, fair, and appropriate investigation.In most cases, the investigation will be conducted by the Dean of Students, but Dunwoody may, in its discretion, appoint an alternative trained investigator.The parties will receive written notice of the investigator appointed.If a party has a concern that the investigator has a conflict of interest, the party should report the concern in writing as set forth in the Conflicts section above.The investigator(s) will conduct the investigation in a manner appropriate to the circumstances of the case.The investigation will typically involve interviews of the complainant and respondent and may also involve questioning of other witnesses and/or review of other information.The investigator, in his or her discretion, may decline to interview witnesses suggested by the parties and may interview witnesses who were not suggested by either party.Character or reputation evidence is generally considered to be irrelevant and will not be included as part of the investigation.If a party suggests witnesses solely for the purpose of providing general character or reputation evidence, the investigator may choose not to interview witnesses and/or to not include information related to a party’s general character/reputation in the investigation report.The complainant and respondent will be given equitable opportunities to present information, including evidence and witnesses they believe should be interviewed, as part of the investigation.

The parties may decide when (or when not) to repeat a description of the alleged misconduct and have the right to decline to participate in the complaint resolution process. If at any time the complainant declines to participate in the process, the College’s ability to meaningfully investigate and resolve a complaint may be limited.In such cases, the College will proceed with the complaint resolution process, if possible to do so without the complainant’s participation, and will make a determination based upon the information available as set forth above in the section entitled, Non-Participation and Silence.The respondent also has the right to decline to participate in the complaint resolution process.In such cases, the College will proceed with the complaint process and will make a determination based upon the information available as set forth in the above section entitled, Non-Participation and Silence.

The parties will be informed of a close of evidence date.  The parties must submit any and all information and evidence believed to be relevant to the complaint by the close of evidence date.  After the close of evidence date, the parties will not be permitted to submit new or additional evidence that existed prior to the close of evidence date, unless the investigator determines otherwise.

At the conclusion of the investigation, the investigator(s) may prepare a report setting forth the facts gathered.  The investigator(s) generally will compile an investigation file, which may consist of any information, documents, recordings, or other evidence that are provided to the adjudicators.  Such information may include, as applicable: the written complaint, recordings or written records of interviews with the complainant, respondent, and any witnesses, any other evidence obtaining during the investigation, and the investigator’s report of the investigation. The investigation file shall be forwarded to the Title IX Coordinator.  The Title IX Coordinator or designee(s) will review the investigation file and has the discretion to ask the investigator(s) for clarification, additional investigation, and/or to have information removed or redacted from the investigation report.

The College will strive to complete the investigation within thirty-five (35) calendar days from the date of the complaint, but this time frame may be extended depending on the circumstances of each case, including the complexity of the allegations, the number of witnesses involved, the availability of the parties or witnesses involved, the effect of a concurrent criminal investigation, unsuccessful attempts at informal resolution, any intervening school break, vacation, or other unforeseen circumstance.  

For complaints involving allegations of sexual assault, dating violence, domestic violence or stalking, the investigation file will be made available for review by the complainant and respondent.  The Title IX Coordinator will provide a seven (7) calendar day period for the complainant and respondent to have access to review the investigation file and prepare a response to the investigation filed, as discussed below.  The parties’ review of the investigation file generally will be provided during normal business hours in a designated on-campus location.  The investigation file cannot be removed from that location, nor can copies be made or pictures taken of the file contents.  

Both parties will have the opportunity to provide a written response to the report.  To do so, the party must submit an Initial Written Statement, which shall not exceed 2,000 words in length, to the Title IX Coordinator.  The Initial Written Statement must be submitted within seven (7) calendar days after the investigation file becomes available to the complaint and respondent (i.e., at the conclusion of the seven-day review period).  The Initial Written Statement may be used as an opportunity to clarify points in the investigation report or identify information previously given to the investigator that is not included in the investigation report which the party believes should have been included.  While the parties may be assisted by their advisors in preparation of the Initial Written Statement, the Initial Written Statement must be submitted by the party, must be the party’s own statement, and may not be used to submit the statements of others on the party’s behalf. 

The parties shall have an opportunity to review the Initial Written Statement submitted by the other party and, if desired, may submit a Rebuttal Written Statement not to exceed 1,500 words. The Title IX Coordinator or the Title IX Coordinator’s designee(s) will provide a three (3) business day period for the complainant and respondent to have access to review the other party’s Initial Written Statement and submit a Rebuttal Written Statement.  The parties’ access to the Initial Written Statement generally will be provided during normal business hours in a designated on-campus location.  The Initial Written Statement cannot be removed from that location, nor can copies be made or pictures taken of the contents. The Rebuttal Written Statement may only be used to respond to arguments made in the other party’s Initial Written Statement. While the parties may be assisted by their advisors in preparation of the Rebuttal Written Statement, the Rebuttal Written Statement must be submitted by the party, must be the party’s own statement, and may not be used to submit the statements of others on the party’s behalf. 

The parties shall have an opportunity to review the Rebuttal Written Statement submitted by the other party.   The Title IX Coordinator or the Title IX Coordinator’s designee(s) will provide a three (3) business day period for the complainant and respondent to have access to review the other party’s Rebuttal Written Statement.  The parties’ access to the Rebuttal Written Statement generally will be provided during normal business hours in a designated on-campus location.  The Rebuttal Written Statement cannot be removed from that location, nor can copies be made or pictures taken of the contents.

The Title IX Coordinator shall review the Initial Written Statements and Rebuttal Written Statements.  Based on the statements, the Title IX Coordinator has the discretion to ask the investigator(s) for clarification, additional investigation, and/or to have information removed or redacted from the investigation report.  In addition, the Title IX Coordinator or designee(s) may remove or redact any portions of the parties’ written statements that exceed the permitted scope of the statements as set forth above or that otherwise exceed the scope of information that may be considered in the complaint resolution process (e.g., general character or reputation evidence and evidence relating to the complainant’s prior sexual history).

Adjudication

Upon completion of the investigation, the adjudicator(s) of the case will review the investigation file and report, along with the Initial Written Statements and Rebuttal Written Statements of the parties.  

  • In cases where the complaint is made against a student, the Provost will be the adjudicator of the case.
  • In cases where the complaint is made against a non-student employee, the Vice President of Human Resources and any other appropriate member of College leadership (“responsible individual”) will be the adjudicators of the case.
  • If a complaint is made against the President of the College, the chair of the Board of Trustees or other designated member of the Board shall serve as the responsible individual.
  • In cases where the complaint is made against a party who is not a student and not an employee, the Title IX Coordinator will make a determination regarding the appropriate adjudicator at that time.  

The adjudicator(s) will review the investigation file, along with the initial written statements and rebuttal written statements of the parties.  The adjudicator(s) may, in their discretion, seek additional information from the investigator(s), the parties, or another individual, or request additional investigation by the investigator(s).  If the adjudicators seek and are provided additional information, the parties will be notified and provided access to that additional information.
 
The adjudicator(s) will use a preponderance of the evidence standard to determine whether it is more likely than not that the respondent violated the policy and impose remedies and/or sanctions as necessary to end the misconduct, prevent its recurrence, and address its effects.  The respondent is presumed to be not responsible for violating this Policy.  The respondent will be deemed responsible for a policy violation only if the adjudicator(s) conclude that there is sufficient evidence, by a preponderance of the evidence, to support a finding that the respondent engaged in sexual misconduct.  If the adjudicator(s) determine that the respondent is responsible for a policy violation, they will then determine what sanctions and remedies are warranted.  

If the adjudicators determine that the respondent is responsible for a policy violation, they may, in their discretion, request information from the Title IX Coordinator regarding any previous violations of this policy by the respondent.  If such information is shared with the adjudicators, the parties will be notified.  

When a respondent is found not responsible for a Policy violation, but nevertheless is found to have engaged in inappropriate conduct—for example, inappropriate remarks that do not rise to the level of hostile environment sexual harassment—the College may, in its discretion, require the respondent to receive appropriate education and/or training.  The College may also recommend counseling or other support services for the respondent.

The sanctions issued will depend on the circumstances of the case, including, but not limited to the severity of the misconduct.  A complete list of possible sanctions is included in the following section.  The adjudicator(s) shall make and issue a written decision within approximately twenty-one (21) calendar days following the receipt of the investigation file, the investigator’s written report, and the Initial Written Statements and Rebuttal Written Statements of the parties.  

Sanctions and Remedies

The adjudicator(s) will impose remedies and/or sanctions as necessary to end the misconduct, prevent its recurrence, and address its effects.  The College reserves the right to take whatever measures deemed necessary in response to an allegation of sexual misconduct in order to protect the rights and personal safety of the complainant and Dunwoody community members.  Individuals who are found responsible under this policy may face the following sanctions as appropriate for students, employees, visitors, or others. Each of these sanctions may be imposed alone or in combination for a respondent found responsible for sexual misconduct, including for violations of the sexual assault, dating violence, domestic violence, or stalking provisions of this policy:  

  • verbal warning 
  • written warning 
  • probation 
  • suspension ranging from 1 semester to 5 with reinstatement requirements that could include behavioral contracts, required attendance at educational programs, required assessment or counseling, and other potential conditions on reinstatement; 
  • expulsion;
  • withholding of diploma or degree for a defined period of time or until the completion of assigned sanctions;
  • revocation of admission to Dunwoody;
  • temporary or permanent restricted access to areas of campus, and campus events, activities, organizations or courses;
  • temporary or permanent removal from class or living or housing assignment;
  • conditions upon presence on campus or at College events;
  • no trespass or no contact orders;
  • required attendance at an educational training or meetings;
  • writing a reflection paper;
  • behavioral contracts;
  • required assessment or counseling;
  • community service hours;
  • loss of salary or benefit such as travel funding 
  • suspension of promotion and salary increments ranging from 1 semester to 5 years, with reinstatement requirements that could include behavioral contracts, required attendance at educational programs, required assessment or counseling, and other potential conditions on reinstatement; 
  • removal or non-renewal of scholarships or honors;
  • transfer or change of job or responsibilities;
  • demotion;
  • termination of employment;
  • payment of restitution or costs incurred.

When an investigation reveals that a campus organization (such as a student club, athletic team, campus academic department, staff/faculty committee) has committed or promoted behavior involving sexual misconduct, the organization may be sanctioned.  Sanctions to the organization may include, but are not limited to, loss of College privileges (including, but not limited to, prohibition on the organization’s participation in certain activities and the use of College facilities), educational requirements for organization members, required additional oversight of organization activities, temporary loss of organization recognition and/or funding, and permanent loss of organization recognition, in addition to individual members of the organization who are determined responsible for a policy violation being subject to the sanctions listed above.  All campus organizations/departments are responsible for the actions of its members when they are operating on behalf of the organization/department.

Remedies, accommodations, and protective measures for the complainant include implementing or extending remedial or protective measures, including, without limitation, the following examples:

  • A mutual or one-sided no-contact order.
  • Prohibiting an individual involved from being on Dunwoody property.
  • Prohibiting an individual involved from participating in Dunwoody-sponsored events.
  • Changing an individual’s living or housing, or dining arrangements.
  • Special parking arrangements.
  • Changing an individual’s student or employee status or job responsibilities.
  • Changing an individual’s work or class schedule.
  • Providing academic accommodations or providing assistance with academic issues.
  • Providing security escorts.
  • Providing a temporary cell phone.
  • Access to counseling.
  • Making information about orders for protection and harassment restraining orders         available to a complainant.
  • Assistance identifying an advocate to help secure additional resources or assistance, including off-campus and community advocacy, support, and services.

Remedies designed to address the Dunwoody community include increased monitoring, supervision, and/or security at locations or in connection with activities where the prohibited conduct occurred or is likely to reoccur and targeted or broad-based educational programming or training for relevant persons or groups.

Any concern about a violation of an imposed sanction should be reported to the Title IX Coordinator promptly.

Notice of Outcome

The complainant and respondent will receive a written notice of the outcome, by letter or email.  The notifications will be sent to the complainant and the respondent at the same time.

For complaints involving sexual assault, dating/intimate partner violence, domestic violence, or stalking, the written notice shall include the determination of the adjudicator(s), any imposition of sanctions, and the rationales for the determination and sanctions including how the evidence was weighed, how the information supports the result, and the standard of evidence applied.  The written notice will also include information about the procedures for appeal, as set forth below, and when the result becomes final.  In addition, the written notice shall include any other steps the College has taken to eliminate the conduct and prevent its recurrence and the complainant’s written notice will include remedies offered or provided to the complainant.
For all other complaints of sexual misconduct, the written notice shall include the determination of the adjudicator(s).  The respondent’s written notice shall include any imposition of sanctions and the complainant’s written notice shall include any imposition of sanctions that directly relate to the complainant.  The written notice will also include information about the procedures for appeal, as set forth below, and when the result becomes final.  In addition, the written notice shall include any other steps the College has taken to eliminate the conduct and prevent its recurrence and the complainant’s written notice will include remedies offered or provided to the complainant.

The College will strive to complete the adjudication process and provide a notice of outcome within twenty-one (21) calendar days after completion of the investigation (including completion of any additional investigation conducted at the request of the adjudicators).  In some cases, more time may be required.  

The determination of the adjudicator(s) may be appealed as provided below.  In the event that no appeal is filed within the time periods prescribed below, the decision will be final.

Appeal

Either the complainant or the respondent may appeal the results of the formal resolution process on one or more of the following grounds:

  • a procedural error occurred that substantially affected the outcome of the process;
  • significant newly-discovered evidence that was not previously available to submit during the complaint resolution process may substantially affect the outcome of the process; however, intentional omission of factual information by the appealing party is not a ground for an appeal; or 
  • the sanction or other response by Dunwoody under the formal resolution process was excessively severe or grossly inadequate.

Submitting an Appeal

Following the determination, the complainant or respondent may request an appeal of the decision. The request for an appeal must be in writing, may not exceed 2,000 words, and must be submitted to the Title IX Coordinator within five (5) business days of receiving the notice of outcome.  While the parties may be assisted by their advisors in preparation of the appeal, the appeal statement must be submitted by the party, must be the party’s own statement, and may not be used to submit the statements of others on the party’s behalf.   Failure to file a timely appeal constitutes a waiver of any right to an appeal.

The Title IX Coordinator or the Title IX Coordinator’s designee will review the appeal to determine whether the appeal states a permissible ground for appeal (as set forth above), such that the appeal will be considered. 

The non-appealing party will be notified of the appeal and the alleged grounds for the appeal. The non-appealing party may, if desired, submit a written response to the appeal, not to exceed 2,000 words, to the Title IX Coordinator within five (5) business days of receiving notice of the appeal.

The Title IX Coordinator or the Title IX Coordinator’s designee(s) will review the appeal statement and any responsive appeal statement and may remove or redact any portions of the statements that exceed the permitted scope of the appeal or word limit or that otherwise exceed the scope of information that may be considered in the complaint resolution process (such as general character/reputation evidence and evidence relating to the complainant’s prior sexual history).  The Title IX Coordinator or the Title IX Coordinator’s designee(s) generally will compile an appeal file, which may consist of any information, documents, recordings, or other evidence that is provided to the appeal panel.  Such information may include, as applicable, the written appeal statement, the responsive appeal statement, the notice of outcome, the investigation file, the parties’ initial written statements and rebuttal written statements, and any previously undiscovered evidence (if discovery of new evidence is a ground for appeal).
For complaints involving allegations of sexual assault, dating violence, domestic violence, or stalking, the appeal file will be made available for review by the complainant and respondent.  The Title IX Coordinator or the Title IX Coordinator’s designee(s) will provide a five (5) business day period for the complainant and respondent to have access to review the appeal file and such access generally will be provided during normal business hours in a designated on-campus location.  The appeal file cannot be removed from that location, nor can copies be made or pictures taken of the contents.  

Appeals will be considered by an appeal panel appointed by the Title IX Coordinator or the Title IX Coordinator’s designee.  Generally, appeal panels will consist of three trained individuals.  The parties shall receive written notice of the appeal officers appointed.  If any party has a concern that the appeal officers have a conflict of interest, the party should report the concern in writing as indicated in the Conflicts section above.  

Consideration of Appeal

In an appeal the burden of proof is on the appealing party to show that it is more likely than not that one or more of the above grounds for appeal are satisfied. 

The appeal panel will not rehear the case, but will review the appeal file and consider whether it is more likely than not that the above-listed grounds for appeal have been satisfied and impacted the outcome of the process.  If the appeal panel determines that the appealing party has demonstrated that it is more likely than not that one of the above grounds for appeal is satisfied, generally, the matter will be remanded for further investigation and/or deliberations by ajudicators, as determined by the appeal panel.  If the appeal panel grants an appeal finding the imposed sanction to be excessively severe or grossly inadequate, the appeal panel has the discretion to modify the sanctions determination or to remand the matter to adjudicator(s) for a new sanctions determination.  If the appeal panel modifies the sanctions determination, the appeal panel’s sanctions decision will be subject to an appeal.

When the matter is remanded, the appeal panel will determine whether the matter should be remanded to the original adjudicator(s) or whether new adjudicator(s) should review the matter.  The appeal panel may not change adjudicator(s)’ determination of whether the respondent was responsible or not responsible for a Policy violation.  Only the adjudicators reviewing the matter on remand from an appeal may change the determination of the original adjudicators of whether the respondent was responsible or not responsible for a Policy violation.  If the reasons for remand relate to the investigation or warrant additional investigation, the appeal panel will determine whether the matter should be remanded to the previous investigator or whether a new investigator should be appointed.

If the appeal panel determines that the appealing party has not demonstrated that it is more likely than not that one or more grounds for appeal have been satisfied, the appeal panel will dismiss the appeal. This decision is final and is not appealable.

The appeal panel will issue a written decision to the complainant and respondent stating the appeal panel’s findings and the final disposition of the appeal.  The College will strive to complete the appeal within thirty (30) calendar days following the appeal panel’s receipt of the appeal file from the Title IX Coordinator; however, in some cases, more time may be required.  

Appeals arising out of alleged violations of this policy must be made under this appeal process and are not eligible for consideration under faculty, staff or student grievance policies or processes.
Sanctions generally will take effect immediately, notwithstanding an appeal. A request may be made to the Title IX Coordinator to defer the effective date of sanctions in exigent circumstances.  In cases where the appeal results in reinstatement to the institution or of privileges, all reasonable attempts will be made to restore the individual to his or her prior status

Complaints of Retaliation, Violation of Interim Measures, and Violation of Sanctions

Any complaint relating to retaliation in violation of this Policy, violations of interim measures, or violations of sanctions should be reported promptly to the Title IX Coordinator.  The College will take appropriate action against any individual who retaliates against another person in violation of this Policy or who violates interim measures or sanctions.  

When the College receives a complaint of retaliation or of violations of interim measures or sanctions, the Title IX Coordinator may exercise discretion to determine an appropriate responsive process based on the facts and circumstances.  At the Title IX Coordinator or the Title IX Coordinator’s designee(s)’ discretion, options for resolution include but are not limited to informal discussions and resolution facilitated by the Title IX Coordinator or the Title IX Coordinator’s designee(s) or assignment of a designated individual to investigate the complaint and determine an appropriate response.  This process will be separate and distinct from the Complaint Procedures outlined above for addressing sexual misconduct complaints. The Title IX Coordinator or the Title IX Coordinator’s designee(s) will document the complaint received, the process used, and the outcome.  The College will notify the parties of the outcome of the complaint.  Any party with concerns about the process or outcome should consult with the Title IX Coordinator.

Alternative Procedures

Nothing in this Policy is intended to interfere with the right of any individual to pursue other avenues of recourse which may include, but are not limited to, filing a complaint with the United States Department of Education’s Office for Civil Rights (OCR).

The OCR Office for institutions located in Minnesota is:

U.S. Department of Education
Office for Civil Rights
Citigroup Center
500 W. Madison St., Ste. 1475
Chicago, IL 60661-4544
Tel: 312-730-1560
TDD: 877-521-2172
Email: OCR.Chicago@ed.gov

Resources

What to do if you are sexually assaulted

  • Get to a safe place.
  • Call 911 if in immediate danger, if you are injured, or the community is in possible danger.
  • Consider securing immediate professional support on or off campus to assist you in the crisis.
  • Seek a medical evaluation for personal wellness/testing and possible evidence collection, even if you are uncertain you want to press charges or pursue legal action.   For your safety and well-being, immediate medical attention is encouraged.  Further, being examined as soon as possible, ideally within 24 hours, is important in the case of sexual assault.  The hospital will arrange for a specific medical examination at no charge.
  • Take steps to preserve evidence, which may be necessary to the proof of criminal sexual violence or in obtaining a protection order.  It is very important to preserve evidence.  You may not know right now whether you will contact the police. But in case you later decide to, the evidence available immediately after the assault is crucial. To preserve evidence follow these recommendations:  Prior to seeking medical attention, do not shower, bathe, wash your hands, brush your teeth, use the toilet or clean up in any way. Bring another set of clothes to the hospital since clothes will be collected as part of the evidence.  If you have changed clothes, bring your soiled clothing with you for evidence collection.  Additionally, you are encouraged to gather bedding, linens or any other pertinent articles that may be used for evidence.  Secure them in a clean paper bag or clean sheet.   Evidence found in phone records (texting), e-mails, and/or social media (Facebook, Snapchat, etc.) should also be preserved.
  • Even after the immediate crisis has passed, contact confidential on-campus and/or off-campus resources—for emotional support, information, and/or advocacy.  
  • Report the conduct to the Title IX Coordinator at 612-381-8236.  The Title IX Coordinator can arrange for interim measures and accommodations, including no contact orders.  The College will also assist in any needed advocacy for students who wish to obtain protective or restraining orders with local authorities.  Alternatively, you can contact the Minneapolis Police Department or Hennepin County District Court to obtain protective or restraining orders.
  • File criminal charges with the local Police Department, if desired. Designated staff members will help the employee or student in reporting the assault to the police and/or in filing a criminal charge.  

Emergency Contacts:

24-Hour Emergency – Local law enforcement: 911

On Campus Resources:

Carla Pogliano Connor, Ph.D.
Vice Provost for Program Development and Compliance
Title IX Coordinator, Rehabilitation Act Coordinator, and Age Discrimination Act Coordinator
612-381-8236
cconnor@dunwoody.edu

Patricia Edman
Vice President of Human Resources
612-381-3308
pedman@dunwoody.edu

Kelli Sattler
Dean of Students
612-381-3437
ksattler@dunwoody.edu

Dunwoody Student Services Office
612-374-5800
studentaffairs@dunwoody.edu

Dunwoody’s Employee Assistance Program:
Cigna’s Life Assistance Program 24/7
1-800-538-3543
apps.cignabehavioral.com/home.html

Off Campus Resources:

RAINN (Rape, Assault, and Incest National Network)
rainn.org
800-656-HOPE
24-hour hotline; free and confidential

Sexual Offense Services
St. Paul, Minnesota
ramseycounty.us/residents/health-medical/clinics-services/sos-sexual-violence-services
651-643-3006
24-hour hotline; free and confidential

Sexual Violence Center
Minneapolis, Minnesota
sexualviolencecenter.org
612-871-5111
24-hour hotline; free and confidential

Domestic Abuse Service Center1
mncourts.gov/district/4/?page=369
Hennepin County Government Center Rm. #A-0650 (lower level)
300 S. 6th St.
Minneapolis, MN 55487
612-348-5073

Minnesota Office of Justice, Crime Victims Programs
dps.mn.gov/divisions/ojp/Pages/default.aspx
(Monday - Friday, 8:00 a.m. – 4:30 p.m.)
651-201-7300 or 1-888-622-8799, ext. 1 for financial help
1-800-247-0390, ext. 3 for information and referral
651-205-4827 TTY

Resource list for victims:
dps.mn.gov/divisions/ojp/help-for-crime-victims/Pages/resource-list-victims.aspx
Hennepin County Victim Services
Hennepin County Attorney’s Office
hennepinattorney.org/get-help/crime/victim-services
612-348-4003

Lawhelpmn.org (Legal information on a variety of sexual assault issues)
lawhelpmn.org/issues/abuse-violence-crime-victims-rights/sexual-assault-and-other-crime-victims

Walk-In Counseling Center
(Free Mental health Counseling) walkin.org (check website for hours)
2421 Chicago Ave. S.
Minneapolis, MN 55404
612-870-0565 x 100

Health Care Options:

Hennepin County Medical Center
Sexual Assault Resources Service
612-873-5832
701 Park Ave.
Orange Building, 2.220
Minneapolis, MN 55415

Hennepin County Medical Center Sexual Assault Resources Service (SARS) provides assistance to victims of rape and sexual assault through area hospital emergency departments 24 hours a day. SARS counselors meet with victims and their families at HCMC and other participating hospitals to complete the evidentiary exam and to help them cope with the trauma and consequences of the assault.

Sexual Assault Nurse Examiners (SANEs) perform a special exam and collect evidence in a “rape kit.” There is no charge for the SANE exam.

You can have a SANE exam within 120 hours after the rape or sexual assault. The purpose of the SANE exam is to collect forensic evidence, receive preventative health care, and see if you have any physical injuries that need tending. The exam will take place at the sexual assault exam site, in a confidential room with trained staff and volunteers. During the exam, the SANE will collect evidence such as your clothing, DNA swabs, etc. Prior to the exam, preserve all evidence and do not shower, bathe, change clothes, douche, brush teeth, drink or eat, or throw away any clothing until police or medical personnel say it is okay. If you have done any of the above, it is still possible to do an exam, but it is not as effective. So if possible, please try to avoid any of these actions. Completing a SANE exam does not require you to file a police report. But, it does help preserve evidence in case you decide to file a police report at a later date.

Visa and Immigration Assistance:

US Citizenship and Immigration Services
2901 Metro Drive Ste. 100
Bloomington, MN 55425

Student Financial Aid:

Financial Aid Office: 612-381-3347