Confidentiality
Davenport University will make every reasonable effort to preserve an individual's privacy and protect the confidentiality of information related to sexual assault within the parameters required by law. The University may issue a safety awareness alert, and a brief description including time and location in order to notify the community of the occurrence of a serious crime potentially putting the public at risk. The University is also required by law to submit an annual report on sexual assault and other campus crime statistics to the public. It is important to note that safety awareness alerts nor campus crime statistics contain any specific complainant-identifying information. For absolute confidentiality, we encourage students to meet with one of our counseling staff.
Grievance Procedures and Process
The University is committed to promptly and equitably resolving student and employee complaints alleging any action that is prohibited by Title IX and/or it implementing regulations. The University’s response to allegations of sexual harassment will treat complainants and respondents equitably, provide supportive measures to the complainant and respondent, as appropriate, and follow this Grievance Process.
The Title IX Coordinator, investigator, decision-maker, or any person designated to facilitate an informal resolution, shall not have a conflict of interest or bias for or against complainants or respondents generally or an individual complainant or respondent that affects the outcome of the matter.
If a determination of responsibility for sexual harassment is made against the respondent, the University will provide remedies to the complainant. The remedies will be designed to restore or preserve equal access to the University’s education program or activity. Potential remedies include, but are not limited to, individualized services that constitute supportive measures. Remedies may be disciplinary or punitive in nature and may burden the respondent.
Institutional Obligation
Because sexual assault is a serious crime that may threaten the community as a whole, in some instances the University may be obliged to pursue an alleged sexual assault through internal disciplinary procedures without the cooperation of the complainant. Always in such instances, the University will inform the complainant of its obligation to address a community safety issue.
Additionally, the University has an obligation to address sexual harassment that is so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from their educational program or activity. This could also result in a complaint being filed which would generate an investigation through the Title IX Office.
Responsibility regarding Confidentiality
When a report of sexual assault is made, both the respondent and the complainant, and all identified witnesses who are named in the investigation, will be notified of the University's expectation of confidentiality. Breaches of confidentiality or retaliation against: the complainant, witnesses or the respondent may result in a review by campus authorities for further disciplinary action.
Supportive Measures
When a report of sexual harassment is brought forward, the University is required to provide supportive measures. This includes the University's obligation to consider utilizing all relevant internal disciplinary, as well as external criminal, civil, and administrative processes, regardless of whether the person assaulted wants to prosecute and/or participate. However, the wishes of the complainant will be heard with the utmost consideration and will be adhered to within the constraints of the law, and Title IX guidelines.
Campus Notification
Once a report of sexual assault is made, the university is obligated by law to take all necessary steps to protect the specific campus and the person who has been assaulted. This may include alerting the campus of crimes that it determines pose a threat to members of the campus community. In making such determinations, the university will consider the safety of students, faculty, and staff as well as the privacy interests of all persons involved in such incidents. Regardless of the action taken by the University, the name of any person involved will not appear on security alerts. To respect the privacy rights and choices of the person reporting a sexual assault, as well as the rights of a person being accused, the University will consider the wishes of all individuals involved in the incident to determine the level of specific information to include in the campus crime report.
Campus Crime Reporting
In compliance with the Clery Act (Campus Crime Statistics Act), all members of the university excluding privileged sources, notified of a sexual assault are required to inform Davenport University Title IX personnel and the incident will be included in campus crime statistics. The university never includes the names of the respondent and the complainant in crime statistics.