Notification of Rights and Confidentiality

 

Notification of Rights and Confidentiality


 

WBU Title IX Administrator:
Dr. Justin Lawrence
Title IX Administrator
Wayland Baptist University
1900 W. 7th
Plainview, TX 79072
(806) 291-1173 lawrencej@wbu.edu

SEXUAL MISCONDUCT, TITLE IX & DISCRIMINATION NOTIFICATION OF RIGHTS

Wayland Baptist University is committed to providing a learning, working and living environment that promotes civility and mutual respect. Sexual misconduct is a serious issue that can result in the interference or prevention of victims of such behavior from having an equal opportunity to access education or employment. Sexual misconduct (including domestic violence, dating violence, sexual assault, and stalking) are serious offences and a Title IX civil rights issue, as well as a potential crime and a violation of Wayland Baptist University policy. You have the right to file a complaint with the university and you have the right to file a separate criminal complaint with the local Police Department. Students and employees who violate Wayland’s sexual misconduct, Title IX, and discrimination policies are subject to disciplinary actions up to and including expulsion and/or termination of employment status, and may be subject to criminal charges.

Filing a report will not obligate you to prosecute, but it will help the university take steps to provide a safer campus for you and others. With your report, the university can keep a more accurate record of the number of incidents; determine whether there is a pattern of crime with regard to a particular location, method, or assailant; alert the campus community to potential danger; and better provide training and preventive education programs.

Students and employees are expected to comply with Wayland’s policies that prohibit unlawful discrimination, sexual harassment, sexual misconduct, sexual assault, and stalking both on-campus and off-campus. Any student who witnesses or experiences such conduct on-campus or off-campus by someone who is a member of the Wayland Baptist University community is encouraged to report the matter to the Title IX Administrator or a WBU representative listed below (in case of emergency call 911):

Dean of Students, Brad Miles
806-291-3754 milesb@wbu.edu;
WBU Police Department
806-774-4225
Director of Counseling, Teresa Moore
806-291-3764 tmoore@wbu.edu
Athletic Director, Rick Cooper
806-291-3801 rick.cooper@wbu.edu
Coordinator of Housing Services
806-291-3766
Director of Human Resources, Ron Appling
806-291-3451 applingr@wbu.edu
Director of Health Services
806-291-3763

Executive Director/Dean of External Campus
See specific campus contact information

Please also see the WBU Title IX Responsible Employee Listing for information regarding who you can share the information with and which employees you can speak with confidentially.

It is important to remember that sexual misconduct is never the fault of the victim.

CONFIDENTIALITY STATEMENT

Wayland Baptist University understands that many victims have a strong desire for their report of sexual misconduct to be treated confidentially. If you request that your name not be disclosed to the accused person or that the university not investigate or take disciplinary action against the accused person, university officials will carefully consider your request and honor it if possible.

However, honoring a request not to reveal a victim’s name to the accused person, not to conduct an investigation, or not to punish the accused person will limit the university’s ability to respond fully to the assault and take any appropriate disciplinary action. There are situations in which the university must override a request for confidentiality in order to meet its obligations under federal law to provide an educational environment which is safe and free from sexual violence. If the person you accuse has been accused before of committing similar acts or if the circumstances indicate that the accused person is likely to harm others, the university may have to investigate your report and take appropriate action to make the campus safe. If an investigation must take place, the information you report will be shared only on a need-to-know basis.

If the university determines that it can keep your report confidential, all reasonable steps will still be taken to respond to your complaint consistent with your request. For example, it may be helpful to make changes to your housing situation, class schedule, etc. Any request for confidentiality can be withdrawn at any time, and the university will proceed to investigate your report fully and take appropriate action.

However, honoring a request not to reveal a victim’s name to the accused person, not to conduct an investigation, or not to punish the accused person will limit the university’s ability to respond fully to the assault and take any appropriate disciplinary action. There are situations in which the university must override a request for confidentiality in order to meet its obligations under federal law to provide an educational environment which is safe and free from sexual violence. If the person you accuse has been accused before of committing similar acts or if the circumstances indicate that the accused person is likely to harm others, the university may have to investigate your report and take appropriate action to make the campus safe. If an investigation must take place, the information you report will be shared only on a need-to-know basis.

If you want to be assured that your report will be kept confidential, you can report the assault to a therapist, doctor, or attorney who is legally obligated to maintain patient or client confidentiality. If you choose this option, please consider asking your doctor, therapist, or attorney to make a confidential report of the assault without including facts that would reveal your identity. While the university will probably not be able to take any disciplinary action against the person who assaulted you, university officials will have a better picture of crime on the campus and may be able to warn the campus community about methods or patterns of attacks.


Title IX Rights of Appeal

Both parties, the complainant and the respondent, have equal rights to an impartial appeal. The request for an appeal, including the grounds upon which the request is based, should be submitted in writing to the Title IX Administrator within five (5) business days following the date on the Title IX Incident/Case Notification of Findings. If either party files an appeal, the Title IX Administrator will notify the other party in writing. The Title IX Administrator will coordinate the appeal and will have primary responsibility for interactions with the parties, gathering information needed for the appeal, and notifying both parties in writing of the outcome of the appeal. The Appeal review should be completed within 20 business days. 

All appeals will be referred from the Title IX Administrator to the University President or designee. The University President, or designee, may decide the appeal themselves or may convene a panel to decide the appeal. If an appeal panel is convened, the panel will consist of three members of the Title IX investigation team who were not involved in the case being appealed. Any individual hearing an appeal will be impartial and unbiased. The decision rendered by the President/designee/committee is considered final and will complete the appeal process. 

1.    A complainant or respondent may file a written appeal on the grounds that the appealing party believes there is substantial, relevant information that was not presented, and reasonably could not have been presented during the investigation, which may change or affect the outcome of the decision;
2.    that the severity of the sanction in relation to the details of the case is substantially disproportionate; or
3.    there was a procedural error(s) during the disciplinary process.

The adjudicating officer/committee’s findings of fact, findings of responsibility, the rationale, and any sanctions will only be reviewed under one of the three grounds listed above. The President/Designee/committee hearing the appeal may decide:

1.    to uphold the original decision of the adjudicating officer/committee,
2.    to alter the imposed sanction, or
3.    to remand the case to the adjudicating officer/committee for additional proceedings or other action.