Title IX



If you have experienced sexual misconduct

  1. Go to a safe location as soon as you are able.
  2. Seek immediate medical attention if you are injured, or believe you may have been exposed to an STI/STD or potential pregnancy.
  3. Contact any of the following for immediate assistance:
    • Title IX coordinator 417-865-2815, x7316. Regular business hours, M–F
    • Campus Public Safety, 417-865-2815, x7000 (or 911 from campus phone), 24 hours/7 days a week
    • Campus Health Services, 417-865-2815, x7280. Regular business hours, M–F *
    • Campus Counseling Center, 417-865-2815, x7222. Regular business hours, M–F *
    • Community Life Office, 417-865-2815, x7317. Regular business hours, M–F
    • Campus Pastor, 417-865-2815, x7305. Regular business hours, M–F *
    • The Victim’s Center, 417-863-7273 or 417-864-7233 (24/7 rape crisis line).* The Center will provide a victim’s advocate (and go to a hospital, at the request of the victim) and a number of additional resources.

     

    *Denotes that this resource is confidential.

    Note that campus officials may contact on-call staff from these departments when their offices are closed or they are otherwise unavailable to assist immediately.

    If you are off-campus and experiencing an emergency situation, you can call local police by dialing 911

  4. 1. It is important to preserve physical evidence that may include tissue and fluid samples, evidence of violence, sheets, towels, clothing, etc. You may choose to avoid washing, bathing, urinating, etc., until after being examined at a local hospital, if possible. All local hospitals provide sexual assault exams for victims
    • Cox South: 3801 S. National Ave., Springfield, MO, 417-269-6000
    • Cox North: 1423 N. Jefferson, Springfield, MO, 417-269-3000
    • Mercy: 1235 E Cherokee St, Springfield, MO, 417-820-2000

    Because evidence of a sexual assault can deteriorate quickly, you may choose to seek a medical exam as soon as possible. Evidence collection should be completed within 120 hours of an assault, but fluids, hair samples, and DNA can be collected for a long time thereafter. Even if you have washed, evidence can often still be obtained. After 120 hours, it may still he helpful to have medical attention, even if you are not trying to obtain evidence of an assault. Sexual assault nurse examiners (SANE) are trained in the collection of forensic evidence, and can check for injuries and exposure to sexually transmitted diseases. If you are still wearing any clothes worn during the assault, wear them to the hospital, but bring a change of clothes, as the hospital will keep the clothes you are wearing as evidence. If you have changed clothes, bring the ones you were wearing during the assault to the hospital in a clean paper (not plastic) bag or a wrapped in a clean sheet. Leave sheets/towels at the scene of the assault. Police will collect them. Typically, police will be called to the hospital to take custody of the rape kit, but it is up to you whether you wish to speak with them or file a criminal complaint.

  5. Choose how to proceed. You have options, and are encouraged to contact the [Campus Victim Advocate] to discuss your options: 1) Do nothing until you are ready; 2) Pursue resolution by the University; 3) Initiate criminal proceedings; and/or 4) Initiate a civil process against the perpetrator. You may pursue whatever combination of options is best for you. If you wish to have an incident investigated and resolved by the University, students should contact the Community Life Office. Employees should contact the Human Resources Office. University procedures will be explained. Those who wish incidents to be handled criminally should contact Campus Public Safety or local police where the assault occurred. A campus official is available to accompany students in making such reports, if desired. Contact the Office of Student Development for more information.

About Confidentiality

To make informed choices, all parties should be aware of confidentiality and privacy issues, as well as institutional mandatory reporting requirements.

CONFIDENTIAL REPORTING

If reporting students wish that details of an incident be kept confidential, they should speak with campus mental health counselors, health service providers, or campus pastor. Campus counselors are available to help on an emergency basis. Their service is free of charge. Members of the clergy, chaplains, and off-campus rape crisis center staff and/or members of the campus clergy can maintain confidentiality. In addition, Evangel has designated the following as employees who can be consulted confidentially by students, including advocates. Local resources such as The Victim Center (417-863-7273 or 417-864-7233) are also confidential and have no duty to report your information to the university.

MANDATED REPORTING

All university employees who are not designated above as confidential, are mandated reporters for all the details of which they are aware about an incident. They share this information with the Title IX coordinator. Giving a mandated reporter notice of an incident constitutes official notice to the institution. Incidents of sexual misconduct will be taken seriously when official notice is given to the institution. Such incidents of sexual misconduct will be investigated and resolved in a prompt and equitable manner under the university’s resolution procedures, which are discussed in detail on the Student or Employee Portal.

You may request confidentiality and/or that the Title IX coordinator provide you with remedies and resources without initiating a formal resolution process. The coordinator will weigh requests for confidentiality against the institutional need to address and remedy discrimination under Title IX. Generally, the University will be able to respect your wishes, unless it believes there is a threat to the community based on the use of weapons, violence, pattern, predation, or threatening conduct by the person being accused.

In cases where your request for confidentiality is granted, the University will offer you available resources, supports, and remedies. You are not obligated to pursue formal resolution in order to access the resources that are available. If the University decides that it is obligated to pursue a formal resolution based on the notice you have given, you are not obligated to participate in the resolution process. However, the ability of the University to enforce its policies or provide some remedies may be limited as a result of your decision not to participate.


Policy

Sexual misconduct, including sexual harassment, sexual violence, sexual exploitation, intimate partner violence, and stalking are violations of Evangel University’s Conduct Code and its sexual misconduct policy. A number of federal laws and regulations, including Title IX, the Violence Against Women Act, and the Clery Act mandate how institutions respond to such allegations. Many types of sexual misconduct also constitute violations of Missouri law.

Members of the campus community, guests, and visitors have a right to be free from sexual misconduct. All members of the community must conduct themselves in a way that does not infringe upon the rights of others. The University’s sexual misconduct policy is intended to define expectations for appropriate conduct and outline resolution processes to address conduct that does not meet these expectations. When individuals accused of sexual misconduct are found to be in violation of the policy, the University will impose serious sanctions

All members of the campus community, guests, and visitors are protected by this policy regardless of their sexual orientation or gender identity. The University has jurisdiction over all acts of sexual misconduct involving members of the campus community, no matter where they occur, whether on- or off-campus. For complete policy, please visit the appropriate portal:

Students: https://web.evangel.edu/Portal/Student/Services/SexBasedOffensesPolicyandProcedures.pdf

Employees: https://web.evangel.edu/community/download.asp?k=SexualMisconductPolicy

Additional information about campus crime, state laws, and disclosures related to sexual misconduct can be found online in the campus Annual Security Report. Access it here: http://www.evangel.edu/wp-content/uploads/2014/10/Evangel-University-Main-Campus-2014.pdf


Sexual Misconduct Violations

The following are the definitions of conduct prohibited by the sexual misconduct policy.

SEXUAL HARASSMENT

Sexual harassment is:

  • unwelcome,
  • sexual, sex-based, and/or gender-based verbal, written, online, and/or physical conduct.

Sexual Misconduct Offenses.

HOSTILE ENVIRONMENT

A hostile environment is created when sexual harassment is:

    • sufficiently severe, or
    • persistent or pervasive, and
    • objectively offensive that it:
      • unreasonably interferes with, denies, or limits someone’s ability to participate in or benefit from the institution’s educational [and/or employment], social, and/or residential program.

Sanctions range from warning through dismissal/ termination.

NON-CONSENSUAL SEXUAL CONTACT

Non-consensual sexual contact is:

    • any intentional sexual touching,
    • however slight,
    • with any object,
    • by a person upon another person,
    • that is without consent and/or by force.

Sanctions range from warning through dismissal/termination.


SEXUAL EXPLOITATION

    • Occurs when one person takes non-consensual or abusive sexual advantage of another for his/her own advantage or benefit, or to benefit or advantage anyone other than the one being exploited, and
    • that behavior does not otherwise constitute one of other sexual misconduct offenses.

Sanctions range from warning through dismissal/ termination


INTIMATE PARTNER VIOLENCE

Intimate partner violence is:

    • violence or emotional and/or psychological abuse between those in an intimate relationship toward each other;

Sanctions range from warning through dismissal/ termination.


STALKING

Stalking 1:

    • a course of conduct,
    • directed at a specific person,
    • on the basis of actual or perceived membership in a protected class,
    • that is unwelcome, and,
    • would cause a reasonable person to feel fear.

Sanctions range from warning through dismissal/ termination

Stalking 2:

    • repetitive and menacing
    • pursuit, following, harassing, and/or interfering with the peace and/or safety of another.

Sanctions range from warning through dismissal/ termination.


RETALIATION

Retaliation is:

  • any adverse action,
  • • taken against a person participating in a protected activity,
    • because of that person’s participation in that protected activity subject to limitations imposed by the First Amendment and/or academic freedom

Sanctions range from warning through dismissal/ termination


Knowing, voluntary, and clear permission, through word or action, to engage in mutually agreed upon
sexual activity or contact.

Since different people may experience the same interactions differently, each party is responsible for making sure that partners have provided ongoing, clear consent to engage in any activity or contact.

A person may withdraw consent at any time during sexual activity or contact through words or actions. If that happens, the other party must immediately cease the activity or contact. Pressuring another person into sexual activity can constitute coercion, which is also considered to be sexual misconduct

Silence or the absence of resistance alone does not constitute consent. A victim is not required to resist or say “no” for an offense to be proven.

Consent to some forms of sexual activity (e.g., kissing, fondling, etc.) should not be construed as consent for other kinds of sexual activities (e.g., intercourse).

Being or having been in a dating relationship with the other party does not mean that consent for sexual activity exists.

Previous consent to sexual activity does not imply consent to sexual activity in the future.

To legally give consent in Missouri, individuals must be at least 18 years old.

Force

Force is defined as direct or indirect use of physical violence and/or imposing physically on someone to gain sexual access. Force, unless part of mutually-permissible kink, is a clear demonstration of a lack of consent.

Incapacitation

Incapacitation is defined as a state in which individuals are unable to make rational, reasonable decisions because they lack the capacity to understand the “who, what, when, where, why, or how” of a situation or interaction. Individuals cannot give sexual consent if they can’t understand what is happening, or if they are disoriented, helpless, asleep, or unconscious for any reason. That applies even if it is because they voluntarily consumed alcohol or drugs. Unless consent is “knowing,” it is not valid. Those engaging in sexual activity who know or should have known that the other party is incapacitated are engaging in sexual misconduct. The possession, use, distribution, and/ or administration of any incapacitating substances is prohibited.

The fact that a responding party was intoxicated, and thus did not realize the reporting party was incapacitated, does not excuse sexual misconduct.


Your Rights

Evangel University strives to provide members of the campus community with fair and equitable resolution processes that include both formal and informal options.

Reporting

  • Reporting parties have the right to notify law enforcement of incidents and to receive assistance from campus personnel in doing so.
  • Reporting parties may decline to report to law enforcement if they so wish.
  • Reporting parties have the right to have their allegations investigated and resolved internally by the University

Fairness

  • All members of the campus community have the right to have reported incidents addressed according to the published University procedures.
  • All parties have equal opportunities to have a support person of their choosing or offered by the institution present throughout all resolution proceedings (including intake, interviews, hearings, etc.). This person can be an advisor, advocate, attorney, family member, friend, faculty member, etc.
  • All parties have the right to written notice of the outcome of sexual misconduct resolution proceedings.
  • Reporting parties and witnesses will receive amnesty for minor infractions (e.g., alcohol and drug violations) that are secondary to incidents of sexual misconduct.
  • Reporting parties, their supporters, and witnesses have a right to be free from retaliation.

Support

  • Students have a right to be notified of their ability to access campus counseling and health services.
  • Students and employees have a right to be notified of on-and off-campus supportive resources.
  • All parties involved in sexual misconduct allegations will receive the information and assistance needed to effectively participate in all proceedings.
  • Reporting parties have the right to seek orders of protection, no-contact orders, restraining orders, or similar lawful orders issues by criminal, civil, or tribal courts, and may seek the help of Campus Public Safety in requesting and/or enforcing.

Remedies

The University may take whatever steps are deemed necessary to appropriately respond to allegations of sexual misconduct, protect students’ rights, and keep members of the campus community safe from further harm. Measures include, but are not limited to:

  • Issuing interim suspensions pending a hearing.
  • Reporting incidents to local police and/or prosecutors.
  • Referring to counseling and health services.
  • Referring to the Employee Assistance Program.
  • Providing education to the community.
  • Altering the housing situation of the reporting or responding party.
  • Altering work arrangements for employees.
  • Providing campus escorts.
  • Providing transportation assistance.
  • Implementing contact limitations between the parties.
  • Offering adjustments to academic deadlines, course schedules, etc.

These measures are available regardless of whether a reporting party seeks formal resolution or makes a crime report.


Procedures

The University’s procedures are detailed fully on the Student Portal (click on Services and Hours, then Sexual Misconduct Policy) or the Employee Portal (see Employee Resources, Sexual Misconduct Policy)

Intake

A University official will assist the reporting party with making choices and accessing resources. Assuming the reporting party chooses to move forward with a campus resolution, the next step is a preliminary inquiry.

All resolutions will be conducted by campus officials who receive annual training on issues related to domestic violence, dating violence, sexual assault, and stalking, and on how to conduct an investigation and hearing process that protects the safety of victims and promotes accountability.

The resolution process is confidential. The institution will protect the confidentiality of victims, consistent with federal law. Title IX-related resolutions are not subject to publicly available recordkeeping provisions. Any release of information about a resolution will be accomplished without the inclusion of identifying information about the victim, to the extent permissible by law.

Preliminary Inquiry

An initial determination is made about the allegations and whether to move them forward to a formal investigation. This decision is made by the Title IX coordinator, taking into account the nature of the allegations and the reporting party’s wishes. If the decision is made to move forward, the coordinator refers the allegations to investigators.

Investigations

An investigative model is used to resolve allegations. Trained investigators will provide an investigation that is prompt, thorough, reliable, equitable, fair, and impartial. They will interview reporting and responding parties and witnesses, and prepare reports with their findings and sanctioning recommendations. Information about all the steps in the investigative process is available at [hyperlink].

All investigations will be thorough, reliable and impartial, and will entail interviews with all relevant parties and witnesses, obtaining available evidence and identifying sources of expert information, if necessary.

The investigator will take the following steps (not necessarily in order):

    • Coordinate with Title IX Coordinator or designee to initiate any necessary interim actions;
    • Determine identity and contact information of the reporting party;
    • Meet with reporting party to identify alleged policy violations; If there is insufficient evidence to support reasonable cause, the report should be closed with no further action;
    • Commence a thorough, reliable and impartial investigation by developing a strategic investigation plan, including a witness list, evidence list, intended timeframe, and order of interviews for all witnesses and the responding party, who may be given notice prior to or at the time of the interview;
    • Complete the investigation promptly, and without unreasonable deviation from the intended timeline of 10-14 business days;
    • Provide regular updates to both the reporting and responding parties, as appropriate, throughout the investigation;
    • Once information gathering is complete, prepare an investigative summary, which generally includes findings of fact and analysis under relevant university policies.
    • Obtain a limited consent from each party to share a draft report (with personally identifying information redacted, unless pertinent to the investigation) with the parties and allow them an opportunity to provide written comments concerning details in the report before a report is finalized;
    • Finalize report and make a finding, based on a preponderance of the evidence (whether a policy violation is more likely than not);
    • Send completed report to the Title IX Coordinator (or designee) for resolution.

Investigations and/or resolutions will not typically be altered or precluded on the grounds that civil or criminal charges involving the same incident have been filed or that charges have been dismissed or reduced. However, the university may undertake a short delay (several days to weeks) in its investigation or resolution process, to comply with a law enforcement request for cooperation (e.g.: to allow for criminal evidence collection) when criminal charges on the basis of the same behaviors that invoke this process are being investigated. The university will promptly resume its investigation and processes once notified by law enforcement that the initial evidence collection process is complete

Standard Of Evidence

The University uses a preponderance of evidence standard. An investigator will consider whether, given the available credible evidence, it is more likely than not that a violation occurred.

Past History

The past sexual history or character of an individual is not considered unless it is determined to be highly relevant. All such information sought to be entered for consideration by a party or the University will be presumed irrelevant until evidence of its relevance is offered. The existence of a pattern of behavior by a responding party may be relevant to the finding and sanction imposed. Both parties will be notified in advance if such information has been deemed relevant and will be considered during the process.

Final Determination

The parties will be informed in writing of the outcome of the resolution, without significant delay between the notifications to each party. This notice will include the procedures for appealing the decision, any change to the results that occurs prior to the time that such results become final, and when results are considered to be final.

Appeals

All parties involved in sexual misconduct proceedings may appeal decisions within [specific time frame] on the basis of the [3] grounds permitted by University’s policy. All parties are included in any appeal reconsideration and have equal rights of participation. There is only one level of appeal. That decision is final. See complete policy for further details.


Risk Reduction

While victim-blaming is never appropriate and Evangel University fully recognizes that only those who commit sexual misconduct are responsible for their actions, the University provides the suggestions that follow to help individuals reduce their risk of being victimized and their risk of committing acts of sexual misconduct.

REDUCING THE RISK OF VICTIMIZATION

      • Make any limits/boundaries you may have known as early as possible.
      • Clearly and firmly articulate consent or lack of consent.
      • Remove yourself, if possible, from an aggressor’s physical presence.
      • Reach out for help, either from someone who is physically nearby or by calling someone. People around you may be waiting for a signal that you need help.
      • Take affirmative responsibility for your alcohol and/or drug consumption. Alcohol and drugs can increase your vulnerability to sexual victimization.
      • Look out for your friends, and ask them to look out for you. Respect them, and ask them to respect you, but be willing to challenge each other about high-risk choices.

REDUCING THE RISK OF BEING ACCUSED OF SEXUAL MISCONDUCT

      • Show your potential partner respect if you are in a position of initiating any sexual behavior.
      • If a potential partner says “no,” accept it and don’t push. If you want a “yes,” ask for it, and don’t proceed without clear permission.
      • Clearly communicate your intentions to your potential partners, and give them a chance to share their intentions and/or boundaries with you.
      • Respect personal boundaries. If you are unsure what’s OK in any interaction, ask.
      • Avoid ambiguity. Don’t make assumptions about consent, about whether someone is attracted to you, how far you can go with that person, or if the individual is physically and mentally able to consent. If you have questions or are unclear, you don’t have consent.
      • Don’t take advantage of the fact that someone may be under the influence of drugs or alcohol, even if that person chose to become that way. Others’ loss of control does not put you in control.
      • Be on the lookout for mixed messages. That should be a clear indication to stop and talk about what your potential partner wants or doesn’t want to happen. That person may be undecided about how far to go with you, or you may have misread a previous signal.
      • Respect the timeline for sexual behaviors with which others are comfortable, and understand that they are entitled to change their minds.
      • Recognize that even if you don’t think you are intimidating in any way, your potential partner may be intimidated by or fearful of you, perhaps because of your sex, physical size, or a position of power or authority you may hold.
      • Do not assume that someone’s silence or passivity is an indication of consent. Pay attention to verbal and non-verbal signals to avoid misreading intentions.
      • Understand that consent to one type of sexual behavior does not automatically grant consent to other types of sexual behaviors. If you are unsure, stop and ask.
      • Understand that exerting power and control over another through sex is unacceptable conduct.

Programs

VAWA/CLERY TRAINING

Incoming students are provided with education and training on awareness and risk reduction of sexual violence, dating violence, domestic violence, stalking, and consent in compliance with the Violence Against Women Act and the Clery Act.

BYSTANDER INTERVENTION

The University] offers bystander intervention programming in an effort to ensure that each member of the campus community is invested in creating a safe campus environment for themselves and others. Program participants are instructed on safe options for preventing harm and intervening when a risk of sexual misconduct exists.

ONGOING CAMPAIGNS:

Ongoing awareness and prevention campaigns are provided throughout the school year to students, faculty, and staff.


Key Contacts

The university’s Title IX Coordinator oversees compliance of the sex-based offenses policy. The Coordinator reports directly to the President of the University. Questions about this policy or anyone wishing to make a report relating to a sex-based offense may do so by contacting the Title IX Coordinator (or deputy coordinator). Title IX Coordinator: Dr. Sheri Phillips, VP for Student Development, Office: Riggs Hall, 304, 1111 N. Glenstone, Springfield, MO 65802, Phone: (417) 865-2815, ext. 7316, phillipss@evangel.edu

Title IX Deputy Coordinator (for employees):  Ocki Haas, Director of Human Resources, Office: Riggs Hall, 309, Phone: (417) 865-2815, ext. 7311, haaso@evangel.edu

Title IX Deputy Coordinator (for students): Gina Rentschler, Director of Community Life, Office: Cantrell Student Union 203, (417) 865-2815, ext. 7317, rentschlerg@evangel.edu

Two coordinators oversee gender equity in athletics and disability accommodations:
Athletic Compliance Coordinator: Steven Gause, Assistant Basketball Coach, Office: Ashcroft Center, Phone: (417) 865-2815, ext. 7409, gauses@evangel.edu
Section 504 Compliance Coordinator: Dr. Laynah Rogers, Director of Academic Success, Office:  Zimmerman 214, Phone: (417) 865-2815, ext. 8273, rogersl@evangel.edu

Immediate assistance is available 24/7 by calling the Evangel University Office of Public Safety at (417) 865-2815 ext. 7000, (on campus phone 911) or coming in person to Riggs Hall 208. An officer can assist in facilitating medical treatment, contacting a victim’s advocate, support person, Title IX Coordinator, and/or campus pastor, as well as reporting the crime to local law enforcement (if requested).


Other Resources

(* Denotes that resource is confidential.)

      • Campus Public Safety, 417-865-2815, x7000 (or 911 from campus phone), 24 hours/7 days a week
      • Campus Health Services, 417-865-2815, x7280. Regular business hours, M–F *
      • Campus Counseling Center, 417-865-2815, x7222. Regular business hours, M–F *
      • Community Life Office, 417-865-2815, x7317. Regular business hours, M–F
      • Campus Pastor, 417-865-2815, x7305. Regular business hours, M–F *
      • The Victim’s Center, 417-863-7273 or 417-864-7233 (24/7 rape crisis line).* The Center will provide a victim’s advocate (and go to a hospital, at the request of the victim) and a number of additional resources

Statement of Nondiscrimination

Evangel University does not discriminate based on race, color, national origin, sex, disability, age, veteran status, or any other protected legal status in matters of admissions, employment, housing, educational programs or activities. We operate in compliance with federal non-discrimination laws (Title IX of the Education Amendments of 1972, Title VI and Title IX of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975).  As a religious institution, the university is exempted from certain provisions and retains the right to make legitimate employment, admission, and educational decisions on the basis of religious tenets, consistent with applicable laws (Title IX statute, 1st Amendment, and Religious Freedom Restoration Act).

VISION: Fresh Air for the Windy City

read more

Asante

VISION: Changed Up with Jon and Jennifer Barratt

read more

2016 spring vision (14)-12

VISION: Toni Robinson’s Stage Presents

read more

IMG_1359

VISION: Janine Maxwell’s Hope for Africa

read more

Janine Maxwell cover

VISION: No Pain – Our Gain

read more

Dr Josh Little-cover