Title IX
The U.S. Department of Education’s Office for Civil Rights (OCR) enforces, among other statutes, Title IX of the Education Amendments of 1972. Title IX protects people from discrimination based on sex in education programs or activities that receive federal financial assistance. Title IX states:
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.
Scope of Title IX
Title IX applies to schools, local and state educational agencies, and other institutions that receive federal financial assistance from the Department. These recipients include approximately 17,600 local school districts, over 5,000 postsecondary institutions, and charter schools, for-profit schools, libraries, and museums. Also included are vocational rehabilitation agencies and education agencies of 50 states, the District of Columbia, and territories of the United States.
A recipient institution that receives Department funds must operate its education program or activity in a nondiscriminatory manner free of discrimination based on sex, including sexual orientation and gender identity. Some key issue areas in which recipients have Title IX obligations are: recruitment, admissions, and counseling; financial assistance; athletics; sex-based harassment, which encompasses sexual assault and other forms of sexual violence; treatment of pregnant and parenting students; treatment of LGBTQI+ students; discipline; single-sex education; and employment. Also, no recipient or other person may intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by Title IX or its implementing regulations, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in a proceeding under Title IX. For a recipient to retaliate in any way is considered a violation of Title IX. The Department’s Title IX regulations (Volume 34, Code of Federal Regulations, and Part 106) provide additional information about the forms of discrimination prohibited by Title IX.
The University is committed to maintaining an educational, working, and living environment that is free from discrimination and harassment in which no student, faculty, or staff member is excluded from participation in or denied the benefits of its program and activities as a result of gender. PSU’s Title IX Coordinator is responsible for ensuring compliance with Title IX standards. These responsibilities include preventing sexual misconduct through education and training and overseeing grievance protocol. Title IX also prohibits retaliation for asserting or otherwise participating in claims of sex discrimination.
Jurisdiction
Title IX protects the University community from sexual discrimination, harassment, and misconduct in a school’s education programs and activities. Title IX protects the University community in connection with all academic, educational, extracurricular, athletic, and other University programs, whether those programs take place on University property, in University transportation, in a class, or training program sponsored by the University at another location, online, or elsewhere.
All complaints and concerns about conduct that may violate this policy should be submitted to the Title IX Coordinator or Title IX Deputy Coordinator. All references to the Title IX Coordinator in this policy implicitly include the Title IX Deputy Coordinator.
Consistent with State and Federal law, reasonable accommodations will be provided to persons with disabilities.
Filing a Report with Local Law Enforcement
In some instances, sexual misconduct may constitute both a violation of University policy and criminal activity. The University grievance process is not a substitute for instituting legal action by any party. The University encourages individuals to report alleged sexual misconduct promptly to campus officials and to law enforcement authorities, when appropriate. Individuals may file a report directly with local law enforcement agencies by dialing 911. Individuals may also contact any of the following for assistance in filing a report with local law enforcement.
PSU Office of Campus Safety and Security—M.L. Harris Fine Arts Building, Room F203-4; Phone Number: (501) 975-8525
City/County Police Department—Emergencies: 911
Little Rock Police Department—Phone Number: (501) 371-4621
A person may also file a complaint with the Department of Education’s Office for Civil Rights. Please visit https://www2.ed.gov/about/offices/list/ocr/complaintintro.html to learn more about filing a complaint with OCR. For assistance related to Title IX or other civil rights laws, please contact OCR at OCR@ed.gov or 800-421-3481, TDD 800-877-8339.
Preserving evidence
It is important that evidence of sexual assault be preserved because it may be needed for prosecuting a criminal case. Victims and others should not alter the scene of the attack. The victim should not change clothes, bathe or shower, drink or eat anything, or brush their teeth before reporting the assault. Any items worn by the victim during the assault, but are not currently being worn, and any items encountered during the assault (i.e., bed sheets, blankets, etc.) should be placed in a paper bag and brought along with the victim to the local hospital’s emergency department that has kits to collect and preserve evidence of rape and sexual assault.
Student and Visitor Responsibility to Report
Students and visitors to the University are strongly encouraged to report allegations of discrimination, harassment, retaliation, and sexual misconduct to the Title IX Coordinator. A report should be made as soon as possible after the incident in order to facilitate an effective response. The longer a report is delayed, the more difficult it will be for the University to investigate. Reports may be made by the person experiencing the misconduct or by a third party, such as a witness or someone who is told of the misconduct.
Mandatory Employee Reporting
In order to enable the University to respond effectively and to proactively stop instances of discrimination, harassment, retaliation, ad sexual misconduct at the University, all employees, including student employees must report information within 48 hours of receiving information regarding a potential violation of this policy to the Title IX Coordinator. Only employees who are statutorily prohibited from reporting such information (e.g., licensed healthcare professional, pastoral counselor) are exempt from these reporting requirements. This policy is not intended to restrict curriculum or abridge the use of particular textbooks or curricular materials.
At Philander Smith University, completely confidential support services can be provided by: Clinical Director— nurse@philander.edu
Rev. Ronnie Miller-Yow, Chaplain— rmiller-yow@philander.edu
Off-Campus Conduct
Conduct that occurs off campus can be the subject of a complaint or report and will be evaluated to determine whether it violates this policy. Allegations of off-campus sexual misconduct are of particular concern and should be brought to the University’s attention.
Confidentiality
Subject to the other provisions of this policy and the requirements of law, every possible effort will be made to ensure that all information received as part of the University’s complaint/grievance procedure is treated discreetly. All parties to the complaint are required to maintain the confidentiality of all information received during this process. However, it is not possible to guarantee that all complaints will remain confidential because of the University’s obligation to investigate allegations of misconduct. All requests to maintain confidentiality shall be directed to the Title IX Coordinator who has the authority to make such determinations. Except as compelled by law or in the interest of fairness, just resolution, or health and safety considerations, disclosure of information contained in complaints, their substance, procedures, and the results of investigations will be limited to the immediate parties, witnesses, and other appropriate officials. Limited disclosures may also be necessary to conduct a full and impartial investigation.
Availability of Counseling and Advocacy
Counseling is available for victims of sexual assault by contacting the University Psychologist at
(501) 952-5275, as well as in the community at the Little Rock Safe Places Sexual Violence Center,
(501) 374-7233, the Rape Crisis Center at (501) 801-2700, and the Center for Healing Hearts and Spirits at (501) 372-3800.
Counseling and other mental health services for victims of sexual assault are available on campus and in the community. Students may contact the Campus Health and Wellness Center to speaking the Campus Nurse at (501) 370-5333 and/or the Counselor at (501) 952-5275.
Community mental health agencies, such as Little Rock Mental Health—(501) 686-9300, AR- Connect Telehealth Services 1-800-482-9921, counselors and psychotherapists in private practice in the area can provide individual and group therapy. The Arkansas Coalition Against Sexual Assault (ACASA), Committee Against Spouse Abuse (CASA) Women’s Shelter, or Domestic Violence and Rape Crisis Programs may assist with making referrals for individual counseling and support groups and in identifying non-counseling campus and community resources that may be of additional help and serve as a victim advocate upon request. The use of these or any other resources are at the discretion of the parties.
Education and Awareness Programs
The University’s Title IX committee, in conjunction with various departments and organizations at the University, is responsible for planning and coordinating campus education and awareness programs about all forms of sexual assault, including rape, acquaintance rape, domestic violence, dating violence and other sex offenses. Programs are presented regularly throughout the academic year in residence halls, fraternities, sororities, and for other student organizations, academic classes, employee training and professional development, and in other settings that are likely to reach people throughout the campus community. Campus-wide education and awareness are also conducted during Campus Safety Week.
Policy Expectations with Respect to Consensual Relationships
There are inherent risks in any romantic or sexual relationship between individuals in unequal positions (such as teacher-student, or supervisor-employee). These relationships may be less consensual than perceived by the individual whose position confers power. The relationship also may be viewed in different ways by each of the parties, particularly in retrospect. Furthermore, circumstances may change and conduct that was previously welcomed may become unwelcomed. Even when both parties have consented at the outset of a relationship or sexual involvement, this past consent does not remove grounds for a later charge of a violation of policy.
The University does not wish to interfere with private choices regarding personal relationships when those relationships do not interfere with the goals and policies of the University. However, for the personal protection of members of this community, relationships in which power differentials are inherent (faculty-student, staff-student, administrator-student, or supervisor- employee) are regarded as inappropriate, are strongly advised against, and are inherently suspect in the event of a dispute.
Consensual romantic or sexual relationships in which one party maintains a direct supervisory or evaluative role over the other party are unethical. Therefore, persons with direct supervisory or evaluative responsibilities who are involved in such relationships must bring those relationships to the timely attention of their supervisors. This will likely result in the necessity to remove the employee from the supervisory or evaluative responsibilities, or will shift the student or employee out of being supervised or evaluated by someone with whom he or she has established a consensual relationship. Failure to self-report such relationships to a supervisor as required can result in disciplinary action for an employee, up to and including termination.
COMPLAINT/GRIEVANCE PROCEDURE
These procedures are intended to apply to all grievances involving discrimination, harassment retaliation, and sexual misconduct as described in this policy, including but not limited to those brought by a student against
Informal Complaint Process
The University does not require a complainant to utilize the informal complaint process if doing so is impracticable or unsafe, or if the complainant believes that the conduct cannot be effectively addressed through informal means. For example, the informal complaint process should not be used to address allegations of sexual assault. However, in other circumstances where it is practical and safe to do so, every reasonable effort should be made to constructively resolve issues with students, faculty, staff, and administrators before pursuing the formal complaint process. Under the informal complaint process, a complainant may elect to resolve his or her complaint by discussing it with the offending party. If the offending party is an employee and satisfactory resolution cannot be reached after discussion, the complainant may also contact the individual’s direct supervisor to resolve the complaint. If these efforts are unsuccessful, the formal complaint process may be initiated.
Formal Complaint Process
Upon receiving a report of alleged or possible violation of this policy, the Title IX Coordinator will evaluate the information received and determine what further actions should be taken. The Title IX Coordinator will follow the procedures described in this policy. The Title IX Coordinator will take steps, either directly with the complainant or through a reporting employee, to provide information about the University’s complaint/grievance procedures, as well as available health and advocacy resources and options for criminal reporting.
INVESTIGATION
The Title IX Coordinator will be responsible for overseeing the prompt, fair, and impartial investigation and resolution of complaints filed with the University. The Title IX Coordinator or designee will investigate all complaints of discrimination, harassment, retaliation, and sexual misconduct and determine any accommodations or other remedial short-term actions necessary in light of the individual circumstances presented. The Title IX Coordinator or designee will apprise the head of the appropriate division or department of the complaint, or, if the complaint is against a student, the Dean of Students.
The Title IX Coordinator or their designee, who will have been properly trained, will:
- Identify the correct policies allegedly violated;
- Conduct an immediate initial investigation to determine if there is reasonable cause to charge the respondent(s);
- Meet with the complainant to finalize the complaint;
- Prepare the notice of charges on the basis of the initial investigation;
- Develop a strategic investigative plan which may include a witness list, an evidence list, an intended timeframe, and an order of interviews for all witnesses, including the respondent;
- Conduct a thorough, reliable, and impartial investigation during which witnesses may or may not be given notice prior to the interview;
- Complete the investigation promptly and without deviation from the intended timeline;
- Make a written finding on the case based on a preponderance of the evidence which indicates that it is more likely than not that a policy violation has/has not occurred, and identifies appropriate remedies and/or sanctions, if any; and
- Prepare a complete report on the investigation and findings.
As noted above, an investigation of the complaint will be conducted by the Title IX Coordinator or their designee unless it is clear from the face of the complaint or the Title IX Coordinator’s initial meetings with the parties that no reasonable grounds exist for believing that the conduct at issue violates this policy.
In the event that the complaint was made by someone other than the alleged victim, the Title IX Coordinator will consider the following factors in determining whether it is reasonable to investigate the complaint:
- The source and nature of the information;
- The seriousness of the alleged incident;
- The specificity of the information;
- The objectivity and credibility of the source of the information;
- Whether the alleged victims(s) can be identified; and
- Whether those individual wish to pursue the matter.
In the event that the Title IX Coordinator determines an investigation of the complaint should not be conduct, he/she will determine and document (in consultation, as necessary, with the alleged victim, the respondent, and any other University administrators) the appropriate resolution of the complaint and inform the parties of the same.
With all complaints, the Title IX Coordinator determines that an investigation should be conducted, the Title IX Coordinator will promptly investigate the matter. The existence of concurrent criminal investigations or proceedings shall not delay the investigation of any complaint under this policy.
If another individual is designated to investigate the matter, the Title IX Coordinator will share the investigator’s name and contact information with the alleged victim and the respondent, and will forward the complaint to the investigator. Within three (3) days of such appointment, the investigator, the alleged victim, or the respondent may identify to the Title IX Coordinator in writing any real or perceived conflicts of interest posed by assigning such investigator to the matter.
The Title IX Coordinator will carefully consider such statements and will assign a different investigator if it is determined that a material conflict of interest exists. Upon receipt of the complaint, the Title IX Coordinator will promptly begin the investigation which shall include but is not limited to the following:
- Conducting interviews with the complainant, the alleged victim (if not the complainant), the respondent, and third party witnesses (including expert witnesses, where applicable), and summarizing such interviews in written form;
- Visiting, inspecting, and taking photographs at relevant sites; and
- Where applicable, collecting and preserving relevant evidence (in cases of corresponding criminal reports, this step may be coordinated with law enforcement agencies).
Throughout the investigation, the Title IX Coordinator will remain neutral. The Title IX Coordinator should obtain, where applicable and possible, the written consent of any third party witnesses to the disclosure, as contemplated by this policy, of any personally identifiable information contained in the complaint, the investigative report, and for any other documents the disclosure of which is contemplated by this policy in order to further the resolution of the complaints.
The Clery Act
The Clery Act requires colleges and universities to report campus crime data, support victims of violence and publicly outline the policies and procedures they have put into place to improve campus safety. Institutions of higher education must include four distinct categories of crime: (1) criminal offenses; (2) hate crimes; (3) VAWA offenses; and (4) arrests and referrals for disciplinary action.
Definitions of Reportable Clery Crimes
The Federal Bureau of Investigation’s uniform Crime Reporting Guidelines are used by Philander Smith University to classify and report crime statistics. The definitions for murder, robbery, aggravated assault, burglary, motor vehicle theft, arson, illegal weapons possession violations, drug abuse violations, and liquor law violations are excerpted from the Federal Bureau of Investigation’s Uniform Crime Reporting Handbook. The definitions of sex offenses are excerpted from the National Incident-Based Reporting System Edition of the Uniform Crime Reporting Handbook and National Incident-Based Reporting System User Manual (2021).
Aggravated Assault
An unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury. This type of assault usually is accompanied by the use of a weapon or by means likely to produce death or great bodily harm.
Arson
Any willful or malicious burning or attempt to burn, with or without intent to defraud, a dwelling house, public building, motor vehicle or aircraft, personal property of another, etc.
Burglary
The unlawful entry of a structure to commit a felony or a theft.
Drug Abuse Violations
The violation of laws prohibiting the production, distribution, and/or use of certain controlled substances and the equipment or devices utilized in their preparation and/or use. The unlawful cultivation, manufacture, distribution, sale, purchase, use, possession, transportation, or importation of any controlled drug or narcotic substance.
Fondling
The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is unable to give consent because of his/her age or because of his/her temporary or permanent mental or physical incapacity.
Forcible Rape
Forcible rape is defined as a violent crime in which an individual engages in sexual intercourse or other forms of sexual penetration with another person without their consent. This usually involves the use of force, threats, or intimidation to compel the victim to participate. Forcible rape typically implies that the victim’s resistance was overcome through physical coercion or threats of harm, and it is a serious criminal offense. The key elements of forcible rape generally include the lack of consent, the use of force or threats, and the victim being unable to resist or unwilling to consent.
Hate Crimes
A criminal offense committed against a person, property, or society which is motivated, in whole or in part, by the offender’s bias against a race, religion, disability, sexual orientation, or ethnicity/national origin; also known as a bias crime.
Incest
Non-forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
Liquor Law Violations
The violation of state or local laws or ordinances prohibiting the manufacture, sale, purchase, transportation, possession, or use of alcoholic beverages, not including driving under the influence and drunkenness. Agencies must include in this classification: manufacture, sale, transporting, furnishing, possessing, etc., of intoxicating liquor; maintaining unlawful drinking places; bootlegging; operating still; furnishing liquor to a minor or intemperate person; underage possession; using a vehicle for illegal transportation of liquor; drinking on train or public conveyance; and attempts to commit any of the aforementioned.
Motor Vehicle Theft
The theft or attempted theft of a motor vehicle.
Murder and Non-Negligent Manslaughter
The willful (non-negligent) killing of one human being by another.
Manslaughter by Negligence
The killing of another person through gross negligence.
Robbery
The taking or attempting to take anything of value from the care, custody, or control of a person or persons by force or threat of force or violence and/or by putting the victim in fear.
Sex Offenses
Unlawful sexual intercourse.
Sexual Assault with an Object
To use an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, without the consent of the victim, including instances where the victim is unable to give consent because of his/her age or because of his/her temporary or permanent mental or physical incapacity.
An “object” or “instrument” is anything used by the offender other than the offender’s genitalia, e.g., a finger, bottle, handgun, stick.
Sodomy
Oral or anal sexual intercourse with another person, without the consent of the victim, including instances where the victim is unable to give consent because of his/her age or because of his/her temporary or permanent mental or physical incapacity.
Statutory Rape
Non-forcible sexual intercourse with a person who is under the statutory age of consent.
Weapons: Carrying, Possessing, Etc.
The violation of laws or ordinances prohibiting the manufacture, sale, purchase, transportation, possession, concealment, or use of firearms, cutting instruments, explosives, incendiary devices, or other deadly weapons.
For more information on the Clery Act, see 10 U.S.C. Section 1092.
The Violence against Women Authorization Act of 2013
The Violence Against Women Act of 2013 (VAWA) amended the Clery Act by imposing new obligations on institutions of higher education under VAWA’s Campus Sexual Violence Act (Campus SaVE) provision. The regulations took effect on July 1, 2015 and impose a variety of obligations on colleges and universities. More information about VAWA can be found at https://www.whitehouse.gov/briefing-room/statements-releases/2022/03/16/fact-sheet- reauthorization-of-the-violence-against-women-act-vawa/.
Training Materials
Emergency and Support Services Numbers
Campus Safety & Security
Cell. 501.442.7780
Front Safety & Security Booth.
501.370.5370 33
Chief of Safety & Security.
Office 501.975.8525,
Cell 501-804-4246
Little Rock Police Department. 501.371.4605
Little Rock Fire Department. 501.455.3530
Campus Counselor Center. 501.952.5275 (Rape Crisis Off-Campus)
Center for Healing Hearts and Spirits. 501.372.3800
Residence Life. 501. 975.6058
Health Center. 501.370.5333
CIS Dept. 501.370.5336 (Help Desk)
Campus Chaplain. 501.370.5344
UAMS Hospital (UAMS). 501.686.7000
Student Affairs 501.370.5354
To make a report related to Title IX or sexual misconduct,
For students, contact the Title IX Student Coordinator, Dr. Rhonda Lovelace-Tilmon, through email at rlovelace@philander.edu or call (501) 370-5297
For faculty & staff, contact the Title IX Faculty & Staff Coordinator, Elizabeth Jacobson, through email at ejacobson@philander.edu or call (501) 370-5204
