Notification of Rights and Confidentiality

CONFIDENTIALITY STATEMENT

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

Wayland Baptist University understands that many victims have a strong desire for their report of sexual misconduct to be treated confidentially. If a person requests that his/her 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 the request and honor it if possible.

If the university determines that it can keep the report confidential, all reasonable steps will still be taken to respond to the complaint consistent with the request. For example, it may be helpful to make changes to housing situation, class schedule, etc. Any request for confidentiality can be withdrawn at any time, and the university will proceed to investigate the report fully and take appropriate action.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 accused 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 the report and take appropriate action to make the campus safe. If an investigation must take place, the information reported will be shared only on a need- to-know basis.

If the victim/complainant wants to be assured that the report will be kept confidential, he/she can report the assault to a therapist, doctor, or attorney who is legally obligated to maintain patient or client confidentiality. If this option is chosen, the victim/complainant should consider asking a doctor, therapist, or attorney to make a confidential report of the assault without including facts that would reveal the person’s identity. While the university will probably not be able to take any disciplinary action against the person who assaulted the victim/complainant, 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.


NOTIFICATION OF RIGHTS FOR VICTIM/COMPLAINANTS

Individuals who report sexual misconduct/sex based discrimination have the following rights under Federal law and Wayland Baptist University Title IX Policy.    You are encouraged to read this document and ask any questions to the assigned investigator or the Title IX Office (806-­291-­1173).

  • The right to investigation and appropriate resolution of all credible allegations of sexual misconduct or discrimination made in good faith to Wayland Baptist University officials;
  • The right to bring a victim advisor of the victim/complainant’s choosing to all phases of the investigation and resolution proceeding;
  • The right to be treated with respect by Wayland Baptist University officials;
  • The right to have Wayland Baptist University policies and procedures followed without material deviation;
  • The right not to be pressured to mediate or otherwise informally resolve any reported misconduct involving violence, including sexual violence;
  • The right not to be discouraged by Wayland Baptist University officials from reporting sexual misconduct or discrimination to both on campus and off campus authorities;
  • The right to be informed by Wayland Baptist University officials of options to notify proper law enforcement authorities, including on campus and local police, and the option to be assisted by campus authorities in notifying such authorities, if the reporting party so chooses. This also includes the right not to be pressured to report, as well;
  • The right to have reports of sexual misconduct responded to promptly and with sensitivity by campus law enforcement and other campus officials;
  • The right to be notified of available counseling, mental health, victim advocacy, health, legal assistance, student financial aid, visa and immigration assistance, or other student services, both on campus and in the community;
  • The right to a campus no contact order (or a trespass order against a non-affiliated third party) when someone has engaged in or threatens to engage in stalking, threatening, harassing or other improper behavior that presents a danger to the welfare of the reporting party or others;
  • The right to notification of and options for, and available assistance in, changing academic situations after an alleged sexual misconduct incident, if so requested by the reporting party and if such changes are reasonably available (no formal report, or investigation, campus or criminal, need occur before this option is available).
  • Accommodations may include:
    • Assistance from university support staff in completing a room relocation;
    • Assistance with or rescheduling an academic assignment (paper, exams, etc.) or otherwise implementing academic assistance;
    • Taking an incomplete in a class;
    • Assistance with transferring class sections;
    • Temporary withdrawal;
    • Assistance with alternative course completion options;
    • On or off-campus counseling assistance;
    • Other accommodations for safety as necessary.
  • The right to have the Wayland Baptist University maintain such accommodations for as long as is necessary, and for protective measures to remain confidential, provided confidentiality does not impair the institution’s ability to provide the accommodations or protective measures;
  • The right to be fully informed of campus policies and procedures as well as the nature and extent of all alleged violations contained within the report;
  • The right to be informed of the names of all witnesses whose information will be used to render a finding, in advance of that finding, except in cases where a witness’s identity will not be revealed to the responding party for compelling safety reasons (this does not include the name of the reporting party, which will always be revealed);
  • The right not to have irrelevant prior sexual history admitted as evidence;
  • The right to regular updates on the status of the investigation and/or resolution;
  • The right to have reports addressed by investigators and Title IX Administrator who have received annual sexual misconduct training;
  • The right to preservation of privacy, to the extent possible and permitted by law;
  • The right to petition that any Wayland Baptist University representative in the process be recused on the basis of demonstrated bias or conflict of interest;
  • The right to have the university compel the participation of faculty and staff witnesses, and the opportunity (if desired) to provide the investigators with a list of potential questions to ask of witnesses, and the right to challenge documentary evidence;
  • The right to be promptly informed of the outcome and sanction of the resolution process in writing, without undue delay between the notifications to the parties;
  • The right to be informed in writing of when a decision by the Title IX Office is considered final, any changes to the sanction to occur before the decision is finalized, to be informed of the right to appeal the finding and sanction of the resolution process, and the procedures for doing so in accordance with the standards for appeal established by Wayland Baptist University.

 

NOTIFICATION OF RIGHTS FOR RESPONDENTS

Individuals who are alleged to have violated Wayland Baptist University’s Title IX policy have the following rights under Federal law and Wayland Baptist University Title IX Policy.  You are encouraged to read this document and ask any questions to the assigned investigator or the Title IX Office (806-291-1173)

  • The right to investigation and appropriate resolution of all credible reports of sexual misconduct and/or discrimination made in good faith to the Title IX Administrator.
  • The right to be treated with respect by Wayland Baptist University officials;
  • The right to bring an advisor of the responding party’s choosing to all phases of the investigation and resolution proceeding;
  • The right to have Wayland Baptist University policies and procedures followed without material deviation;
  • The right to be informed of and have access to campus resources for counseling and advisory services;
  • The right to timely written notice of all alleged violations, including the nature of the violation, the applicable policies and procedures and possible sanctions;
  • The right to review all documentary evidence available regarding the report, subject to the privacy limitations imposed by state and federal law, prior to the finding by the Title IX Administrator;
  • The right to be informed of the names of all witnesses whose information will be used to render a finding, prior to final determination, except in cases where a witness’s identity will not be revealed to the responding party for compelling safety reasons (this does not include the name of the reporting party, which will always be revealed);
  • The right not to have irrelevant prior sexual history admitted as evidence in a campus resolution process;
  • The right to have reports addressed by investigators and Title IX Administrator who have received annual training;
  • The right to petition that any Wayland Baptist University representative be recused from the resolution process on the basis of demonstrated bias and/or conflict of interest;
  • The right to have the Wayland Baptist University compel the participation of student, faculty and staff witnesses, and the opportunity to provide the investigators with a list of potential questions to ask of witnesses, and the right to challenge documentary evidence;
  • The right to have an advisor of their choice to accompany and assist throughout the campus resolution process;
  • The right to a fundamentally fair resolution, as defined in these procedures;
  • The right to a decision based solely on evidence presented during the resolution process. Such evidence shall be credible, relevant, based in fact, and without prejudice;
  • The right to be promptly informed of the outcome and sanction of the resolution process in writing, without undue delay between the notifications to the parties;
  • The right to be informed in writing of when a decision of the Title IX Office is considered final, any changes to the sanction to occur before the decision is finalized, to be informed of the right to appeal the finding and sanction of the resolution process, and the procedures for doing so in accordance with the standards for appeal established by the Wayland Baptist University.

ACCOMMODATIONS AND PROTECTIVE MEASURES AVAILABLE FOR VICTIM/COMPLAINANTS 

Upon receipt of a report of domestic violence, dating violence, sexual assault sexual harassment or stalking, WBU will provide written notification to students and employees about accommodations available to them, including academic, living, transportation, protective orders and working situations. The written notification will include information regarding the accommodation options, available assistance in requesting accommodations, and how to request accommodations and protective measures (i.e., the notification will include the name and contact information for the individual or office that should be contacted to request the accommodations).

At the victim/complainant’s request, and to the extent of the victim/complainant’s cooperation and consent, University offices will work cooperatively to assist the victim/complainant in obtaining accommodations. If reasonably available, a victim/complainant may be offered changes to academic, living, working, protective measures or transportation situations regardless of whether the victim/complainant chooses to report the crime to campus police or local law enforcement. Examples of options for a potential change to the academic situation may be to transfer to a different section of a class or withdraw and take a class at another time if there is no option for moving to a different section, etc. Potential changes to living situations may include moving to a different room or residence hall. Possible changes to work situations may include changing working hours. Possible changes in transportation may include having the student or employee park in a different location, assisting the student or employee with a safety escort, etc.

To request changes to academic, living, transportation and/or working situations or protective measures, a victim/complainant should contact. If the victim/complainant wishes to receive assistance in requesting these accommodations, she or he should contact Brad Miles, Deputy Title IX Coordinator, milesb@wbu.edu (806) 291-3751, Plainview campus, CMB 1221.