Credibility should be evaluated as objectively as possible and based on a variety of factors including, but not limited to, the person’s demeanor, motivation for or interest in the situation, level of detail provided or not provided, corroboration or contradiction of details through other witnesses or through physical evidence, inconsistency or consistency of past and current statements, and other factors.
It's important to recognize that the lack of consent is central to sexual harassment and violence. For example, not resisting sexual advancement from someone does not mean that consent is automatically given. Moreover, consent on one occasion also does not mean consent to the same behavior on a later occasion.
Its easier to make one-to-one time with students in a face-to-face class so students can approach instructor with an issue. I say, make available, one-to-one times to meet with students so they have the avenue to bring up issues with Title IX offenses.
Reply to Raymond Pelky's post: I was going to say something similar.
I found it interesting as to how much flexibility that schools have in terms of grievance procedures and investigations.
I totally agree with checking into all aspects of investigating alligations cocncerning both parties. Providing the accuser the oppertunity to attain a safer atmospher during the process, while at the same time affording the accused equal preperation for defense.
Many instances of Titole IX may happen off campus or at other institutions and must be investigated, but not necessarily reported, according to the Cleary Act.
All and any incidences of on-campus and off-campus incidences that involve sexual harassment, sexual violence, physical or cyber-stalking, and the case of a hostile work-place environment should be monitored by the Office of Title IX and should be investigated.
A school also should train responsible employees to inform students oft he reporting obligations of responsible employees, students’ option to request confidentiality and available confidential advocacy, counseling, or other support services as well as their right to file a Title IX complaint with the school and to report a crime to campus or local law enforcement
Regardless of whether the incident happened on or off campus it need to be reported and investigated. Speaking in general, some people do not like getting involved and chooses to say nothing but again regardless it needs to be reported and investigated. I could not imagine if it was me or a loved one let alone a student or employee. Saftey should always be a first priority of any campus.
Keep in mind the scope of requirements that Clery and VAWA require and just because something is not required by one but is by the other doesn't mean it isn't important and can be ignored. Safety for everyone involved is important.
What is involved for the considerations all employees Involved in Disciplinary Proceedings and the order it should transpire.
Investigationsv may include, vaguely,
- ''Other similar incidents on campus; and
- Any other relevant information.''
but properly must respect the rights of both parties equally, including thazt both have similar opportunities to testify.
It is important to re-evaluate and update often. I would think especially with on-line education and the changes in technology. I'd guess some students could get pretty creative and inappropriate behind the keyboard, unfortunately.
More communication is key and consistent retro meetings to refine policies that are in line with guidance from OCR and DOE.
It is interesting that there is a difference in the level of evidence required for criminal and Title IX and VAWA. A criminal case may be dropped and still have Title IX/VAWA greivance hearing and outcomes.
I agree whether on campus or off campus all items should have to be investigated in a timely manner, and to keep an open mind.
we have to investigate, wheathernon or off campus. We have to keep an open mind and weigh what is before us.
Its important for campus employees, administrators and students to understand that campus involvement in sexual abuse and assult is a different process than filing a police report.
Ensuring that campus officials that know about these instances encourage victums to report the their cases in important to ensure proper criminal procedings.
While students are not required to report their cases to the police, they are encouraged to do so. As an advocate for my students, I would recommend they report to the Title IX coordinator and police to maximize protection and investigation resources.
