2021ANNUAL SECURITY AND FIRE SAFETY REPORT Emergency Notifications 6 Filing a Complaint of Sexual Misconduct 26 Outbreak of Serious Illness 7 Filing a Formal Complaint under the AlertVU Activation 7 Formal Grievance Protocol 26 AlertVU Message Content 7 Filing a Complaint Under the Sexual Misconduct Policy (Formal Grievance Operational Readiness 7 Protocol does not apply) 28 Crisis Communication to the Investigation and Resolution Process 29 Vanderbilt Community 8 Formal Grievance Protocol Process 29 Campus Evacuation Plan 8 Sexual Misconduct Policy Processes SECTION 4: Crime Response 9 (Only Complaints Not Governed by the Security Notices 10 Formal Grievance Protocol) 37 Daily Crime Log 10 Advisers 38 Protection of Minors on Campus 10 Informal Resolution 38 Reporting Requirements 10 Resolution Hearing/ Standard of Evidence 38 SECTION 5: Missing Student Sanctions 40 Notification Policy 12 Appeals 40 SECTION 6: Sexual Assault, Domestic Investigation and Resolution Processes Violence, Dating Violence, and Stalking – When the Respondent Is Not a Student 41 Prevention and Response 13 When the Complainant is not a Student Resources and Support/Immediate and the Respondent is Staff 41 Assistance and Ongoing Assistance 14 CONTENTS When the Complainant is not a Student Confidential Resource 14 and the Respondent is Faculty or a Limited Confidential Resource 14 Postdoctoral Fellow/Trainee 41 Mandatory Reporters Under Title IX 15 When the Complainant is a Student SECTION 1: Vanderbilt University Anonymous Reporting 15 and the Respondent is Staff, Faculty, Public Safety 3 Third-Party Reporting 15 or a Postdoctoral Fellow/Trainee 41 Our Mission 3 Bystander Intervention 16 When the Respondent is not a Accreditation 3 Vanderbilt Student, Staff, Faculty, or Contact Information for Resources 16 Postdoctoral Fellow/Trainee 42 Vanderbilt University Public Safety 4 Additional Information 17 Appeals 42 Vanderbilt University Police Department 4 Supportive Measures 17 SECTION 8: Resources and Crime Prevention Parking and Transportation Services 4 No-Contact Directives and and Safety-Awareness Education 43 Office of Emergency Management 4 Orders of Protection 18 VUPD 43 Institutional Definitions 18 SECTION 2: Reporting Crimes and Project Safe Center 43 Other Emergencies 5 SECTION 7: Sexual Misconduct Reports Title IX Office 44 and Investigations 21 SECTION 3: Emergency Response and University Counseling Center (UCC) 44 Evacuation Procedures 6 Vanderbilt University Sexual Misconduct and Formal Grievance Protocol 22
1 Work/Life Connections — SECTION 12: Criminal Convictions 57 Student Fire Safety Regulations 72 Employee Assistance Program (EAP) 44 Sexual Offender Registration 57 Fire Safety Rules for Electrical Appliances 73 Faculty and Physician Wellness Program 44 SECTION 13: Reference Phone Numbers 58 Approved Appliances 73 Nurse Wellness Program 44 On-Campus Resources 58 Restricted Appliances 73 Postdoc Wellness Program 44 Vanderbilt University Police Department 58 Fire Safety Rules for Furnishings 73 Zerfoss Student Health Center 45 Medical 58 Residence Hall Fire Safety Systems 73 Office of Student Accountability, Community Non-Traditional Residence Halls 73 Standards, and Academic Integrity 45 Safety Hazards 58 Fire Log 73 Equal Opportunity and Access 45 Counseling/Support/Information 59 2018–2020 Fire Statistics 73 Bystander Intervention Training 45 Parking and VUMC Shuttles 59 Fire Safety Systems Table 80 After-Hours Transportation and Off-Campus Resources 59 Walking Safety Escorts 45 SECTION 14: Crime Statistics by Year Appendix A. Vanderbilt University VandyRide 45 and Location 60 Sexual Misconduct Policy 82 Walking Safety Escort Service 46 Specific Information About Classifying Appendix B. Vanderbilt University VUMC Shuttle Service 46 Crime Statistics 60 Formal Grievance Protocol 106 Crime Prevention and Geography 61 Appendix C. Programming and Awareness Safety-Awareness Education 46 Clery Act Crimes 61 Events — 2020-2021 Academic Year 118 Education and Prevention Definitions – VAWA Crimes and Appendix D. Crime Statistics as Relating to Sexual Assault, Dating and Tennessee Law 62 Reported to TBI 122 Domestic Violence, and Stalking 46 Crime Statistics Table 66 Student Programs 46 University Campus 66 Faculty and Staff Programs 47 Vanderbilt University Medical Center 68 In compliance with federal law, including the provisions Risk Reduction 49 of Title VI and Title VII of the Civil Rights Act of 1964, Title Hate Crimes 69 IX of the Education Amendment of 1972, Sections 503 and How to Be an Active Bystander 49 Vanderbilt Programs Outside Nashville 69 504 of the Rehabilitation Act of 1973, the Americans with Reports of Crimes that Have Been Disabilities Act (ADA) of 1990,the ADA Amendments Act SECTION 9: Campus and Medical Center of 2008, Executive Order 11246, the Vietnam Era Veterans Physical Security 51 Unfounded 69 Readjustment Assistance Act of 1974 as amended by the Jobs for Veterans Act, and the Uniformed Services Administrative and Classroom Facilities 51 SECTION 15: Fire Safety 70 Employment and Reemployment Rights Act, as amended, Medical Center Facilities 51 COVID-19 and Fire Safety 70 and the Genetic Information Nondiscrimination Act of Residence Halls 51 Fire Safety Responsibilities 70 2008, Vanderbilt University does not discriminate against individuals on the basis of their race, sex, sexual orientation, Maintenance of Campus Facilities 52 Fire Safety Improvements 71 gender identity, religion, color, national or ethnic origin, Commodore Cards 52 Residential Fire Safety Education age, disability, military service, covered veterans status, Other Physical Security Measures 52 and Training 71 or genetic information in its administration of educational policies, programs, or activities; admissions policies; SECTION 10: Alcohol and Other Drugs Residential Staff Training 71 scholarship and loan programs; athletic or other university- on Campus 53 Student Resident Training 72 administered programs; or employment. In addition, the university does not discriminate against individuals on the Fire Evacuation 72 SECTION 11: Weapons 56 basis of their gender expression. Emergency Evacuation Drills 72
2 OUR MISSION The mission of Vanderbilt University Public Safety is to provide professional, service-oriented law SECTION enforcement and security services dedicated to the protection and security of Vanderbilt University and its diverse community.
To fulfill our mission we will: • Deliver superior law enforcement services with integrity and pride. • Respect and safeguard the dignity and rights of all individuals. • Demonstrate respect toward the people we serve and one another to maintain an environment of trust. • Develop partnerships with all segments of our community through effective communication and collaboration. • Carefully select and maintain a well-trained, educated, and professional staff. • Accept individual responsibility and Vanderbilt University1 accountability for our actions. PUBLIC SAFETY
The Vanderbilt University Public Safety Department (VUPS) is pleased to ACCREDITATION present the 2021 Annual Security and Vanderbilt University Public Safety (VUPS) maintains Fire Safety Report. national, international, and state-level accreditation through three governing bodies: CALEA (Commission This report is provided to inform our Vanderbilt on Accreditation for Law Enforcement Agencies), community of safety and security policies, support IACLEA (International Association of Campus Law and assistance provided to victims of crime, as well Enforcement Administrators), and TLEA (Tennessee as three years of crime and fire statistics. Law Enforcement Accreditation).
Being accredited means that VUPS has met or exceeded August Washington all standards set by the accrediting organizations. The Sr. Associate Vice Chancellor standards provide law enforcement agencies with best Ross Stanfield, 60iMediaProductions and Chief of Police practices for policy, procedure, and accountability.
VANDERBILT UNIVERSITY PUBLIC SAFETY 3 Each year VUPS must produce proofs of compliance for (MNPD). All sworn officers must successfully complete on campus and provides parking enforcement services, nearly 600 standards to maintain three law enforcement law enforcement training at a state-certified police including parking permits for students, staff, faculty, accreditations and one communications accreditation for academy. Additionally, all sworn officers attend annual and visitors. Parking and Transportation Services the VUPS Dispatch Center. in-service, receive on-the-job training, and are provided also operates the Vandy Ride system providing free professional development opportunities. transportation around the VU campus community to Accreditation is a voluntary process that is difficult our students. For more information on parking please to achieve and requires continuous oversight to The Vanderbilt University Police Department (VUPD) also visit vanderbilt.edu/traffic_parking. Information on maintain. Accreditation is the cornerstone of VUPS employs 125 non-sworn Community Service Officers (CSO) VandyRide and other transportation options can be found as a public safety agency. Accreditation provides the that are vital to the security operations of the University. at vanderbilt.edu/movevu/transportation-options/. foundation upon which VUPS demonstrates an ongoing The CSOs are empowered as unarmed security guards commitment to serve Vanderbilt’s diverse community through the Tennessee Private Protective Services Agency. with excellence and professionalism. CSOs receive in-service and on-the-job training as required. OFFICE OF EMERGENCY MANAGEMENT Additionally, VUPD routinely uses contract security to The Office of Emergency Management encompasses Vanderbilt University Public Safety is committed to supplement safety and security services for residential multiple areas of service including emergency maintaining a safe, secure environment for our students, housing, special events, and other areas as needed. preparedness, fire and life safety, workplace safety, faculty, staff, and visitors. Although security is everyone’s operational continuity, and special events. The goal of responsibility, your personal safety is a priority at Vanderbilt University Police Department (VUPD) operates the Office of Emergency Management is to ensure the Vanderbilt. Maintaining a safe place to live, work, and a 24/7 dispatch center that answers all 9-1-1 emergency safety and well-being of students, faculty, staff, and learn requires a dedicated partnership and sincere and non-emergency calls. The Dispatch Center also visitors who work and live in the Vanderbilt University cooperation between the members of the Vanderbilt monitors many public safety systems such as cameras on community. The office collaborates with campus community and Vanderbilt University Public Safety. the video patrol program, blue light phones, VandySafe, stakeholders to develop emergency preparedness and and intrusion alarms. The Dispatch Center is responsible business continuity protocols to ensure departments for assigning calls to sworn and non-sworn officers can maintain mission critical operations and business VANDERBILT UNIVERSITY depending on the nature and priority of the call. PUBLIC SAFETY services during and after an emergency incident. VUPD is comprised of several specialized units including Vanderbilt University Public Safety is comprised of three Along with stakeholders from virtually every campus Patrol, Dispatch, Criminal Investigations, Records, divisions: the Vanderbilt University Police Department entity, the office coordinates training, preparedness Property and Evidence, Training, Special Events, K-9, (VUPD), Parking and Transportation Services, and and response activities with the Metro Nashville Office Community Relations, Public Safety Systems, and the the Office of Emergency Management. For additional of Emergency Management, Tennessee Emergency Office of Compliance and Accountability. information on services offered by VUPS please visit Management Agency (TEMA) and several other colleges publicsafety.vanderbilt.edu. VUPD offers many services to the VU community and universities in Davidson County. It is through these including but not limited to educational programming, partnerships that the office increases the University’s R.A.D. Self Defense classes, fingerprinting, weapons resiliency to incidents —both natural and man-made. VANDERBILT UNIVERSITY safekeeping, Internet Exchange Area, Operation ID (bike Office personnel are available 24/7 to respond to POLICE DEPARTMENT and computer registration), and walking escorts. For emergency incidents on campus to support response Vanderbilt University Police Department (VUPD) more information, please visit police.vanderbilt.edu. and recovery efforts. The Office of Emergency provides comprehensive law enforcement and security Management works to ensure a safe environment for services 24 hours a day, 365 days a year. Through a the thousands of students, faculty, staff, and visitors in Memorandum of Understanding, VUPD employs 95 PARKING AND our community every day. For more information visit sworn officers commissioned and empowered with TRANSPORTATION SERVICES emergency.vanderbilt.edu. the same authority to enforce laws and make arrests Parking and Transportation Services maintains and as the Metropolitan Nashville Police Department operates the use of University parking lots and garages
VANDERBILT UNIVERSITY PUBLIC SAFETY 4 SECTION Dialing 911 from any non-Vanderbilt phone or cell phone will contact Metro Nashville Police Department (MNPD) Dispatch Center, who will notify VUPD of the call. For non-emergency situations, call (615) 322-2745 or for non-emergencies off campus, call MNPD at (615) 862-8600.
Additionally, blue light emergency phones are located throughout the University, VUMC, and One Hundred Oaks. Each phone has an emergency button that automatically dials the VUPD Dispatch Center which will activate a priority response from VUPD officers and when necessary, fire, and emergency medical services.
VANDYSAFE VandySafe is a free mobile safety application available through the Apple REPORTING CRIMES2 Store and Google Play. and Other Emergencies VandySafe mobile application can be used to: • Contact VUPD for emergency or non-emergency All victims and witnesses are assistance via call or chat • Activate a Mobile Bluelight to share your location encouraged to report any or all with VUPD and initiate a response information regarding suspected • Submit non-emergency reports to VUPD with text, photos, or videos criminal activity, missing persons, • Assign contacts to monitor your safety at and any emergency to VUPD as soon your request • Request “Virtual Walkhome” where the VUPD as possible. In an emergency, dialing Dispatch Center monitors your walk to your car, office, or residence hall 911 from any Vanderbilt telephone or • Share your location with a friend or VUPD (615) 421-1911 from a cell phone will • Access information about VandyRide • View VUPD emergency guides contact the Vanderbilt University Police Questions? Email the Office of Emergency Department Dispatch Center. Management at [email protected].
REPORTING CRIMES AND OTHER EMERGENCIES 5 The Vanderbilt University Police Department is designated as the first responder to all emergencies at Vanderbilt University. VUPD will respond and make an initial determination if an incident poses an imminent threat or danger to the Vanderbilt community. All SECTION emergencies should be reported to VUPD by calling 911 from any campus phone or (615) 421-1911 from any other phone.
The Office of Emergency Management provides direct support to VUPD and coordinates the campus emergency preparedness, response, and recovery operations. As part of the university response protocols, Vanderbilt University Public Safety has adopted and implemented the Incident Command System, a model promulgated by the Federal Emergency Management Agency. All standardized critical incident response procedures shall be established in accordance with this model; and shall be published in the VUPS All Hazards Response Plan (AHRP) and Campus Emergency Operations Plan (EOP). The EOP contains all information relevant to preparing for, responding to, and recovering from an incident of any size or complexity that occurs EMERGENCY RESPONSE on or near Vanderbilt University. This plan is flexible 3 and scalable —meaning any or all parts may be utilized and Evacuation Procedures during times of crisis.
EMERGENCY RESPONSE EMERGENCY NOTIFICATIONS The University shall immediately notify the campus Vanderbilt University Public Safety community upon confirming a significant emergency or dangerous situation on or near campus involving encompasses several departments an immediate threat to the health and safety of dedicated to the safety and well-being students, faculty, or staff. Once a significant emergency or dangerous situation has been confirmed, VUPD of the Vanderbilt community; these will take into account the safety of the campus departments include the Vanderbilt community, determine what information to release about the situation, and issue an AlertVU notification University Police Department, the Office through the University’s mass notification system. Broadcast emergency notifications will be made to all of Emergency Management, and Parking campus community members without delay unless and Transportation Services. the notification will, in the judgment of responsible
EMERGENCY RESPONSE AND EVACUATION PROCEDURES 6 authorities, compromise efforts to assist victims or authorities, Student Health, and Occupational Health. to contain, respond to, or otherwise mitigate the The Office of Emergency Management also may be emergency. Some examples of significant emergencies consulted in addressing preventative measures in the or dangerous situations that may warrant an AlertVU community. notification are an armed intruder, bomb threat, outbreaks of serious communicable diseases, tornado In response to the COVID-19 pandemic, Vanderbilt warning, or chemical spill. created Health and Safety Protocols website providing information regarding policies, vaccines, response, The mass notification system is designed to deliver and prevention for all members of the community. See customizable messages to every subscriber and every vanderbilt.edu/coronavirus/. registered device via emails, phone calls, and text messages. These delivery points are registered through Oracle, YES, and C2HR (for VUMC employees). Directions on how to update your information is available on the All emergencies should be reported to VUPD emergency.vanderbilt.edu website. All Vanderbilt by calling 911 from any campus phone or students and employees will receive an email to their (615) 421-1911 from any other phone. Vanderbilt email account. Depending on the nature of the significant emergency ALERTVU ACTIVATION or dangerous situation, the outdoor warning system The decision to issue campus community notifications emergency. The mass notification system contains may be activated along with the issuance of an AlertVU will be determined by the nature of the incident, the pre-approved messages by university officials that are notification. The outdoor warning system, as well as size of the impact, and/or the input of subject-matter eligible for immediate activation, including messages for an AlertVU, will be activated if a tornado is forecast experts. Depending on any exigent circumstances, tornadoes, shootings, and bomb threats. If available and to strike the campus within 15 minutes. The outdoor where on-scene confirmation cannot occur, appropriate for the situation, Public Safety officials may warning sirens are intended to notify individuals who responding officers, patrol supervisors, dispatch, or include instructions on how to respond, such as shelter- are outdoors. A verbal announcement may be issued other authorized personnel may confirm a significant in-place, run-hide-fight, or evacuation. through the outdoor warning system. Additional emergency or dangerous situation involving an emergency notification options include Security Notices immediate threat to the health and safety of the Non-emergency updates relevant to community safety (see Section 4), the University website, social media, and community using other methods, such as witness will be distributed as information becomes available media releases from the Division of Communications. accounts and/or camera surveillance. and posted to alertvu.vanderbilt.edu. These updates include emergency directions and notification that the Outbreak of Serious Illness Public Safety personnel with the authority to send or threat is no longer imminent. In the event of an outbreak of a serious illness that direct the activation of campus-wide emergency mass notifications and/or sirens include the Chief of Police, constitutes an immediate threat to the health or safety OPERATIONAL READINESS of Vanderbilt students or employees, notifications Assistant Chief of Police, Command Staff, on-duty patrol will be sent to the Vanderbilt community by email supervisor or Incident Commander, Dispatch Center The most recent full-scale test of the mass notification and/or through the Vanderbilt University website. personnel, and Emergency Management personnel. system and AlertVU notifications was conducted on Updates regarding ongoing outbreaks will be provided September 7, 2021. Testing procedures were announced prior to activation and a test message was sent to all periodically through the Vanderbilt website. The ALERTVU MESSAGE CONTENT determination of whether an outbreak constitutes an devices registered in the system by students, faculty, immediate threat on campus warranting notification VUPD will determine the content of all AlertVU messages and staff, as well as all computers connected to the will be made in consultation with local public health based on the nature, severity, and duration of each network in University offices. Announcements of
EMERGENCY RESPONSE AND EVACUATION PROCEDURES 7 emergency notification system tests include information CAMPUS EVACUATION PLAN • Supervisors and designated points of contact should on AlertVU and how to update/edit contact information contact the Vanderbilt University Police Department for students, faculty, and staff. Documentation Vanderbilt takes special populations, regular to report any immediate emergencies. of previous and planned tests of the emergency inhabitants, and visitors into consideration for the • Do not re-enter the building until cleared by notification system (including time, description, date, campus evacuation plan. Evacuation is one method Vanderbilt University Police or on-site emergency and announcements) resides within the Office of of protecting the public from the effects of a hazard; personnel. Emergency Management. protection is achieved by moving people away from the • Review and practice evacuation routes, assembly hazard. In planning for evacuation, the characteristics of areas, and procedures for your office, classroom, the hazard and its magnitude, intensity, speed of onset, laboratory, residence hall, or other facility before an CRISIS COMMUNICATION TO and anticipated duration are all significant factors. emergency happens. THE VANDERBILT COMMUNITY These factors will determine the number of people to be evacuated, the distance people must be moved to Information regarding evacuation of persons with In addition to AlertVU, Vanderbilt University works ensure their safety, the need for sheltering facilities, and disabilities is available at emergency.vanderbilt.edu/ diligently to identify additional communication tools to the extent of traffic control and security required. deliver emergency messages to individuals outside of vu/quick-ref-guides/evacuation-disabled.php/. the campus community. The Vanderbilt community must be prepared to conduct Following a review of the campus emergency plans in A desktop alert system displays emergency information both small-scale (e.g. single facility) and large-scale or November 2020, Vanderbilt University conducted an on connected computers even without email access. area (e.g. multiple buildings) evacuations at all times of announced table-top exercise of the campus emergency Outdoor sirens and PA systems also may also be used day both from known hazard areas and from unexpected response and evacuation plan on December 17, depending on the situation. Vanderbilt University incident locations. Depending on the type of emergency, 2020. Typically, this exercise is open to the Vanderbilt Division of Communications serves as the primary it may be necessary to either evacuate from a building community and external stakeholders, including news source during all emergencies at Vanderbilt and or to shelter-in-place —remain in the building until representatives from the Metro Nashville Police disseminates any pertinent information to external emergency personnel advise it is safe to leave. Department, the Metro Nashville Fire Department, entities and agencies as needed. and the Nashville Office of Emergency Management; The campus evacuation plan also includes a list of however, due to the Covid-19 Pandemic, the 2020 The Division of Communications has several additional pre-determined area evacuation shelters, large-scale exercise was restricted to VUPS personnel only. An tools ready and available to deliver detailed and shelters, and offsite rally points, as well as traffic control announcement regarding the exercise was published complex emergency information. stations along planned evacuation routes. to the campus community via the MyVU website. The Some of those tools are: table-top scenario evaluated the disaster lifecycle, • Vanderbilt University homepage In the event of a fire alarm or if instructed by emergency which includes the campus emergency response, • Vanderbilt banner at top of websites across the personnel to evacuate, community members and evacuation plan, lockdown procedures, and recovery University updated with emergency information visitors should evacuate immediately using the nearest operations. The emergency guides and procedures • Emergency Management website: emergency exit. used were advertised to the public and are available at • Do not use elevators unless directed to do so. alertvu.vanderbilt.edu emergency.vanderbilt.edu/vu/quick-ref-guides/. For • Email • Never use elevators during a fire alarm. more information about Vanderbilt’s emergency guides • Once outdoors, move to your designated rally • Social media, including Twitter: @VanderbiltU and and response plans, visit emergency.vanderbilt.edu. Facebook: Vanderbilt University point area. • Public Safety Twitter account @VUSafety • Check in and report missing persons, injuries, • VandySafe —Vanderbilt’s safety application for damages and/or potentially hazardous conditions to smartphones (If push notifications are enabled, users your supervisor or designated point of contact. will receive AlertVU messages through the app) • Keep streets, fire lanes, and walkways clear for emergency vehicles and personnel.
EMERGENCY RESPONSE AND EVACUATION PROCEDURES 8 Reporting crimes directly to Vanderbilt University Police Department allows the department to investigate the crime, implement necessary additional preventative measures, and often prevent others from being victimized. This also ensures that timely warnings to the community, known as Security Notices, are distributed when appropriate. Security Notices, as well as other publicly available information published in the crime log and the annual disclosure of crime statistics, will not include personally identifiable information of victims or witnesses. SECTION VUPD procedures require that calls involving crimes against persons and life/safety issues, such as fire or injury, receive priority response from the department. Property crimes in progress and other criminal acts with a high potential for violence also necessitate a rapid response. Requests for officers to file reports on criminal acts not in progress or general assistance requests are answered in a timely manner; however, response may be delayed if a higher priority call is in progress.
When any criminal incident is reported to VUPD, the report is public record under state law. To obtain a copy of the report, a request can be submitted to the Records Division of the Metropolitan Nashville Police Department (MNPD). VUPD officers collect and preserve evidence from criminal incidents occurring at the University. Crimes against persons, including sexual assaults, may be jointly investigated and reviewed by CRIME RESPONSE VUPD and MNPD. Tennessee Code Annotated § 49-7-129 4 and a Memorandum of Understanding between the two agencies determines primary jurisdiction.
Victims of crime on campus are strongly Members of the community can stay informed about encouraged to report all crimes directly criminal incidents at Vanderbilt University by reading the Daily Crime Log or Security Notices distributed to to VUPD to ensure inclusion in the Daily members of the Vanderbilt community as part of an Crime Log, annual crime statistics, and ongoing effort to keep the community informed and to raise awareness of significant unsolved crimes that allocation of patrol resources. occur at or near the University.
CRIME RESPONSE 9 SECURITY NOTICES Security Notice will be issued as soon as possible after the Protection of Minors (POM) Policy, including the Code of specific event. If the incident is a delayed report (more Conduct When Interacting with Minors and mandatory Security Notices are issued in compliance with the than 24 hours) by the victim, then the time and date the reporting requirements. Vanderbilt-hosted programs for Jeanne Clery Disclosure of Campus Security Policy and victim reported the incident will also be included in the minors and third-party organization events for minors Campus Crime Statistics Act (Clery Act). This federal law notice. The Security Notice will not contain information in Vanderbilt facilities are required to be registered requires that a timely warning (Security Notice) be issued that may hinder an ongoing police investigation and will with the Office of Risk and Insurance Management when one of the following incidents occurs on or near not identify the victim by name or address. A general by the hosting department. The POM Policy and Vanderbilt University facilities or property and there location designation, such as “residence hall” or “Greek Code of Conduct are available at: vanderbilt.edu/ is reason to believe that there is a continued threat to house,” may be given instead of a specific location to riskmanagement/pompolicyJune2018.php. students and/or employees: ensure the privacy of the victim. • Murder • Sex offense Security Notices are usually distributed via email REPORTING REQUIREMENTS • Robbery through the University’s mass notification system, Everyone (not limited to individuals who interact • Aggravated assault but fliers, posters, or other media may be used as with Minors) is required by Tennessee law to report • Burglary appropriate in addition to or instead of email. Security to the Department of Children’s Services (DCS) or law • Motor vehicle theft Notices are also posted on the VUPD website at police. enforcement, any type of known or suspected child • Manslaughter vanderbilt.edu. abuse or neglect, including suspected child sexual • Arson abuse. Community members making a report in good • Stalking, domestic violence, or dating violence or faith will be protected from criminal and civil liability for • When repeated offenses warrant public notice, such DAILY CRIME LOG making the report. as multiple unsolved thefts with the same possible The Vanderbilt University Police Department maintains a suspect(s) or established pattern(s) or when VUPD Daily Crime Log in compliance with the Clery Act and the Additional Vanderbilt policy requirements include otherwise determines that there is a compelling need Tennessee College and University Security Information the internal reporting of abuse or maltreatment of or to get information to the Vanderbilt community. Act. As previously noted, personally identifiable inappropriate interactions with (including conduct information regarding victims or witnesses will not be code violations) a Minor in a Vanderbilt program or at Security Notices are meant to assist the community published in the crime log. The Daily Crime Log may be an event on campus. It is important to understand that in making informed decisions about their safety and, viewed at the VUPD Records window located at 2800 every member of the University community is required depending on the nature of the incident, they should Vanderbilt Place during normal business hours, or online to report any type of suspected abuse (physical or contain as much of the following information as at police.vanderbilt.edu/crimeinfo/dailylog.php. sexual), neglect, or inadequate care. This reporting possible, when available and pertinent: policy includes disclosures of abuse which may or may • Date, time, location (general or specific) not involve Vanderbilt personnel. • Summarized event description PROTECTION OF MINORS • Vehicle description (i.e., make, model, color, any ON CAMPUS When abuse or neglect of a Minor is suspected, two damage to vehicle, and direction of flight) reports, one external and one internal, must be made: • Any special instructions that may be needed Vanderbilt University is dedicated to the welfare and • Risk reduction tips safety of minor children (individuals under age 18) who External Report • Resources available for students, faculty, and staff participate in Vanderbilt’s programs and activities, visit Vanderbilt’s campus, or are enrolled as Vanderbilt Tennessee law requires every person to make a report When VUPD receives a report of a crime, it is immediately University students. Minors participating in Vanderbilt when they suspect sexual or physical abuse or neglect assessed by a shift supervisor to determine if there is a programs and activities (excluding those enrolled as of a Minor. Failure to report child abuse is a Class A risk to the Vanderbilt community. The Chief of Police or Vanderbilt University students) are expected to be misdemeanor, and intentional failure to report child their designee is consulted on the incident and, if it is supervised while on campus, and every adult member sexual abuse is a Class E Felony. The required external determined there is an ongoing risk to the community, a of the Vanderbilt community is required to follow the report may be made to the State of Tennessee Child
CRIME RESPONSE 10 Abuse Hotline at (877) 237-0004, online at apps.tn.gov/ carat/ or to a Tennessee sheriff’s office or police department, including VUPD at (615) 322-2745. If the situation is a life-threatening emergency, contact 911. Internal Report In addition to any external report made, and in situations affecting or having the potential to affect the safety and well-being of minors, every member of the University community has an obligation to report known or suspected abuse, neglect, maltreatment, exploitation, or inappropriate interactions with (including conduct code violations) a Minor on campus or in a Vanderbilt program immediately to Vanderbilt University. Internal reporting steps are as follows: • Immediately contact the program supervisor (where appropriate) and the Office of Risk and Insurance Management (ORIM), Protection of Minors Director at (615) 936-5935. • Program supervisors receiving any report of concern of abuse to a Minor must report the concern to the ORIM, Protection of Minors Director at (615) 936-5935. This includes if the program supervisor has already made a referral to the Department of Children’s Service or law enforcement as outlined in the external reporting procedure above. • Concerns may also be reported to the Risk Management occurrence reporting system live. origamirisk.com/Origami/IncidentEntry/Welcome or the Vanderbilt University Compliance Hotline.
The University compliance hotline may be accessed by calling (844) 814-5935 or on-line at vanderbiltcompliancehotline.ethicspoint.com or by visiting the Compliance website at www.vanderbilt. edu/compliance/.
NOTE: The hotline should not be used for emergencies or when immediate action may be otherwise necessary.
CRIME RESPONSE 11 If you believe a student has been missing for at least 24 hours, please immediately contact VUPD or staff in SECTION the Office of Housing and Residential Experience. Vanderbilt makes the missing student notification process available to all students, including those in the graduate and professional schools. This confidential contact is in addition to any other emergency contact that the student may identify, although both the “confidential” contact and the “emergency” contacts may be the same person or persons. The confidential contact will be registered confidentially, and only authorized campus officials will have access to this information. This information will be disclosed to no one outside law enforcement. In the case of non- emancipated students under the age of eighteen, the HEOA requires that a custodial parent or guardian be notified; however, an additional, confidential contact may also be specified. Students may designate both emergency contacts and confidential contacts MISSING STUDENT by logging into YES (Your Enrollment Services) at 5 yes.vanderbilt.edu and selecting the appropriate process. For more information, see vanderbilt. Notification Policy edu/student_handbook/university-policies-and- regulations/#missing-student-notification-policy. All potential missing student reports Once the Vanderbilt University Police Department has determined that a student is missing, the Dean must be referred to VUPD for of Students or one of the dean’s designees will notify investigation. In compliance with the the confidential contact (and a custodial parent or guardian in the case of unemancipated minors) Higher Education Opportunity Act of 2008 within 24 hours. Vanderbilt University will also notify (HEOA), Vanderbilt University provides appropriate external law enforcement agencies and others at the University, as appropriate, about the each student residing on campus the missing student within the same 24-hour period. opportunity to designate a confidential
contact to be notified by the University in In the event a student has been missing the event that the University, through its for at least 24 hours, contact VUPD at (615) 322-2745 or the Office of Housing and established procedures, determines that Residential Experience at (615) 322-2591. a student is missing.
MISSING STUDENT NOTIFICATION POLICY 12 The University’s policies, programs, and activities are designed to foster courtesy and respect. The University prohibits and seeks to eliminate all forms of sexual SECTION misconduct, which includes sexual harassment, sexual assault, domestic violence, dating violence, and stalking. Under federal law, Vanderbilt has a duty to take steps to prevent and redress sexual misconduct. Such conduct is contrary to Vanderbilt’s values and is not tolerated.
If you experience sexual assault, stalking, or domestic or dating violence at Vanderbilt, your first priority should be to get to a place of safety. You should then obtain necessary medical treatment. The Vanderbilt University Police Department advocates that a victim of sexual assault report the incident in a timely manner by calling 911 or (615) 322-2745. Vanderbilt faculty and staff will assist victims with notification of VUPD if the student requests their assistance.
Sexual Assault, Domestic Violence, VUPD and Metro Nashville Police Department (MNPD) are available for emergency response, facilitating 6 medical transport, investigating incidents of a criminal Dating Violence, and Stalking— nature, referrals to community support resources, and advice concerning and/or assistance with preserving PREVENTION evidence. VUPD also provides support for crime victims and is available to accompany them to court.
Time is a critical factor for evidence collection and AND RESPONSE preservation. Filing a police report with a VUPD officer will not obligate the victim to prosecute, nor will it subject the victim to scrutiny or judgmental opinions Vanderbilt University is committed to from officers. Filing a police report will: equal opportunity and to maintaining • Provide the opportunity for collection of evidence helpful in prosecution, which cannot be obtained a safe and healthy environment later. (Ideally, a victim of sexual misconduct should for all members of the University not wash, douche, use the toilet, or change clothing prior to a forensic exam.) community (including students, faculty, • Ensure the victim has access to free confidential counseling from counselors specifically trained in staff, postdocs, and trainees), guests, the area of sexual misconduct crisis intervention. and visitors. • The University will arrange for reasonable
SEXUAL ASSAULT, DOMESTIC VIOLENCE, DATING VIOLENCE, AND STALKING — PREVENTION AND RESPONSE 13 supportive measures (academic, residential, or • Work/Life Connections – identity or that the person has disclosed the incident otherwise) in response to a request from a student Employee Assistance Program: (see Section 7 below regarding reporting generally and or employee who has reported a violation of the (615) 936-1327 the definition of a Report). However, a person who self- Vanderbilt University Formal Grievance Protocol • Pastoral counselors acting in that capacity, discloses to Project Safe Center staff that the person (“Formal Grievance Protocol”) or Vanderbilt which may include the Vanderbilt Office of the engaged in a possible violation of the Formal Grievance University Sexual Misconduct Policy (“Sexual University Chaplain and Religious Life: Protocol or the Sexual Misconduct Policy may not be Misconduct Policy”) and will take any other interim (615) 322-2457 covered by limited confidentiality. actions that are appropriate to ensure the safety • Medical professionals acting in a patient-care role, and security of the campus community. It is not such as the Student Health Center, the Vanderbilt Without disclosing personally identifying information necessary to file a formal complaint or a police University Medical Center Emergency Department, about the victim, the Project Safe Center will notify report to receive supportive measures. See also or other clinics or hospitals the Title IX Office of the nature, date, time, and general the Vanderbilt University Sexual Misconduct location of an incident. This notification helps keep Policy (Appendix A), Section XII, at vanderbilt. Off-campus counselors and health care providers will the Title IX Office informed of the general extent and edu/title-ix/docs/SexualMisconductPolicy.pdf also generally maintain confidentiality and refrain nature of sexual violence on and off campus, and and the Formal Grievance Protocol (Appendix from sharing information with the University unless allows for tracking patterns, evaluating the scope of the B), Section III, at vanderbilt.edu/title-ix/docs/ the person consulting them requests the disclosure problem, and formulating appropriate campus-wide FormalGrievanceProtocol.pdf. and signs a consent or waiver form. However, under responses. The Project Safe Center will also notify the state or federal law, all resources may have other Title IX Office of the name of the alleged perpetrator, reporting obligations. For example, health care if known, when the alleged perpetrator is affiliated RESOURCES AND SUPPORT/ providers and certain other individuals are required with Vanderbilt University as a faculty member, staff IMMEDIATE ASSISTANCE AND to notify law enforcement when someone seeks member, postdoctoral fellow/trainee, teaching assistant, ONGOING ASSISTANCE treatment for injuries caused by a violent crime, independent contractor, adviser, or in any other similar including sexual assault. Similarly, all persons are capacity, other than as a student. (However, the Title IX Any member of the Vanderbilt community who has required to notify law enforcement or the Department Office in most cases cannot proceed to investigate the experienced or been affected by sexual misconduct, of Children’s Services (DCS) when they receive a matter under the U.S. Department of Education Title IX including prior to their affiliation with Vanderbilt, report of any abuse of a minor (see Protection of Regulations (“Title IX Regulations”) in the absence of a may seek immediate and/or ongoing assistance from Minors on Campus in Section 4 above). Anyone who at Formal Complaint. See Section 7 below.) one or more of the resources outlined below. Some first uses a confidential resource may later decide to of these resources are confidential; others are subject make a report to a non-confidential resource, such as Project Safe Center staff can assist in providing to mandatory reporting requirements. The level the Title IX Office or law enforcement. additional information, including potentially identifying of confidentiality offered by the listed resources is information, to the Title IX Office, if the victim so wishes. described in the Sexual Misconduct Policy and below. Limited Confidential Resource Anyone who at first notifies Project Safe Center staff may later decide to make a report to the Title IX Office or Confidential Resources Project Safe is a limited confidential resource at law enforcement. Project Safe Center staff can assist a Vanderbilt. The office contact number is (615) 322- victim with seeking supportive and protective measures; These confidential resources do not report any 7233. Individuals who work at the Project Safe Center, information about an incident to law enforcement however, the provision of supportive measures that including front desk staff and graduate assistants, involve a non-confidential University department or or to the Title IX Office without the permission of the can generally talk to any person affected by sexual person consulting them. impact another person may require the disclosure of misconduct without revealing any personally identifying identifying information to the relevant department or information about an incident to others within the Confidential resources include: person as well as the Title IX Office. University. A person can seek assistance and support • Vanderbilt University Counseling Center: from Project Safe Center staff without initiating a (615) 322-2571 While Project Safe Center staff may maintain a victim’s Report to the University that could reveal that person’s confidentiality vis-à-vis the University, they may have
SEXUAL ASSAULT, DOMESTIC VIOLENCE, DATING VIOLENCE, AND STALKING — PREVENTION AND RESPONSE 14 reporting obligations under state and federal law, Mandatory reporters are required to report to the Title The University provides several resources for anonymous which include: IX Coordinator or the Title IX Office staff any knowledge reporting for individuals who do not wish to be identified. • Reporting incidents involving victims who are minors; they receive of possible violations of the Formal Anonymous reports of sexual misconduct may be made • Disclosing information regarding a threat of imminent Grievance Protocol or the Sexual Misconduct Policy. via the online reporting form (available at vanderbilt. harm to self or others; Mandatory reporters must relay all known information guardianconduct.com/incident-reporting/). Individuals • Testifying if subpoenaed in a criminal case; and about any reported Policy violation, including, but may also report anonymously to the Project Safe Center • Complying with other federal, state, and local laws. not limited to: names of involved individuals, the at (615) 322-7233 or through the Vanderbilt University nature of the incident, and the time and location of the Compliance Reporting Hotline, an independently- In addition, if Project Safe Center staff determine that incident, so that the University can take steps to address operated compliance hotline that may be used to report the respondent poses a serious and/or immediate threat the matter promptly, including identifying support incidents of apparent wrongdoing on campus. The to the University community (based on, for example, resources, and resolve it fairly. Compliance Reporting Hotline is available 24 hours a day, the nature and severity of the incident or a pattern seven days a week, and 365 days a year at (844) 814-5935 of alleged misconduct), Project Safe Center staff will If a mandatory reporter believes a person may intend or online at vanderbiltcompliancehotline.ethicspoint. disclose all relevant information to the appropriate to share any information regarding an instance of com. Students also may report anonymously to the University authorities, including, but not limited to, the sexual misconduct, the mandatory reporter should Community Standards hotline at (615) 343-7867. NOTE: Title IX Office. seek to confirm that the reporting party understands These resources, aside from the Project Safe Center, the mandatory reporter’s reporting obligations. If the should not be used for immediate assistance. Project Safe Center staff will provide non-identifying reporting party would prefer to speak to a confidential information, similar to that provided to the Title IX resource, the mandatory reporter should direct the Third-Party Reporting Office, to the Vanderbilt University Police Department reporting party to a confidential resource. (VUPD) for crime statistics reporting under the Clery Act. Vanderbilt encourages third parties to report The information reported may result in the issuance of Anonymous Reporting incidents of sexual misconduct to the Title IX Office, a timely warning or Security Notice to the community, VUPD, or MNPD. Third parties may also report but the warning will not include any information that Any individual can make an anonymous report of incidents to any mandatory reporter or through identifies the victim. a violation of the Formal Grievance Protocol or the the anonymous reporting resources identified Sexual Misconduct Policy. An individual may report the above. The University may not be able to move For more information about the services provided by incident without disclosing their name, identifying a forward based on a third-party report if the victim the Project Safe Center and for contact information for Complainant or a Respondent, or requesting any action. does not wish to cooperate and/or proceed with an Project Safe Center staff, please visit the Project Safe Vanderbilt will attempt to investigate such reports, but investigation. After providing a report, third parties Center website: vanderbilt.edu/projectsafe/. depending on the extent of information available about are not entitled to information about the University’s the incident or the individuals involved, Vanderbilt’s investigation and response due to privacy concerns Mandatory Reporters Under Title IX ability to investigate and respond to an anonymous and applicable federal and state laws. report may be limited, particularly to the extent that A mandatory reporter is an individual who is obligated the conduct alleged would be subject to the Formal A reporter can also make a report disclosing their under University policy to report any knowledge they Grievance Protocol (see Section 7 below). Vanderbilt name but requesting confidentiality. An affected may have of sexual misconduct. Vanderbilt defines will attempt to investigate anonymous reports under person who is the subject of a third-party’s report all faculty and staff as mandatory reporters except the Sexual Misconduct Policy, but without being able can also request confidentiality. See Requests Not certain confidential resources and limited confidential to collect evidence from and ask follow-up questions to Pursue an Investigation or for Confidentiality for resources staff. A non-exhaustive list of mandatory to a reporter, the potential for discipline may be Purposes of an Investigation in Section 7 below. reporters is contained in Section IX of the Sexual lessened as compared to personal reports. The Title IX Statistical information regarding all reports received Misconduct Policy (see Appendix A to this Annual Coordinator will receive the anonymous report and will by law enforcement, the Title IX Office, and other Security Report below). determine any appropriate steps, including individual or mandatory reporters are included in the annual community remedies as appropriate. disclosure of crime statistics; personally identifiable
SEXUAL ASSAULT, DOMESTIC VIOLENCE, DATING VIOLENCE, AND STALKING — PREVENTION AND RESPONSE 15 information will be kept confidential and will not be LAW ENFORCEMENT ADDITIONAL SUPPORT FOR VANDERBILT STUDENTS published in the crime log or annual crime statistics. Not Confidential, VUPD is a Mandatory Reporter Not Confidential, Mandatory Reporters • Vanderbilt University Police Department • Office of the Dean of Students Bystander Intervention (615) 322-2745 (615) 322-6400 Vanderbilt encourages anyone who witnesses, Emergency: 911 or (615) 421-1911 • Office of Housing and Residential Experience experiences, or has information about possible sexual • Metro Nashville Police Department (615) 322-2591 misconduct, including sexual assault, dating and (615) 862-8600 • Office of Student Care Coordination domestic violence or stalking, to take reasonable actions Emergency: 911 (615) 343-9355 to prevent or stop such actions. Reasonable actions • Center for Student Wellbeing may include, depending on the relevant facts and MEDICAL SERVICE PROVIDERS (615) 322-0480 circumstances, reporting the behavior (in accordance Confidential* • Margaret Cuninggim Women’s Center with the reporting options outlined above), directly (*But required to notify law enforcement when a person (615) 322-4843 intervening when it is safe and reasonable to do so, or seeks treatment for injuries caused by a violent crime) • Office of LGBTQI Life contacting law enforcement. Bystander intervention • Vanderbilt University Medical Center Emergency (615) 322-3330 is an effective means by which to reduce sexual Services • Bishop Joseph Johnson Black Cultural Center misconduct in our community. Vanderbilt provides (615) 322-0160 (615) 322-2524 bystander intervention training, available through the • For Students: Student Health Center Project Safe Center. A person who has been subjected to (615) 322-2427 RESOURCES IN THE COMMUNITY sexual misconduct need not confront the other party. • For Faculty and Staff: Occupational Health Clinic No Mandatory Report to Vanderbilt (615) 936-0955 • Nashville Sexual Assault Center Hotline Contact Information for Resources (800) 879-1999 COUNSELING SERVICES Any member of the Vanderbilt University community • YWCA Crisis and Information Line Confidential who has experienced sexual misconduct may seek (800) 799-SAFE (7233) immediate and/or ongoing assistance from one or • For Students: • RAINN/National Sexual Assault Hotline more of the following resources. The resources listed • Vanderbilt University Counseling Center (800) 656-4673 will provide assistance whether or not the individual (615) 322-2571 • 1 in 6: 24-hour Helpline Chat chooses to make a report to the Title IX Office or law • Vanderbilt Office of the University Chaplain 1in6.org/helpline/ enforcement, or to participate in an investigation. The and Religious Life (for male survivors over 18 years of age) level of confidentiality offered is noted by each resource. (615) 322-2457 • National Suicide Prevention Lifeline • For Faculty and Staff: (800) 273-8255 VICTIM ADVOCACY SERVICES • Work/Life Connections— • Trans Lifeline Confidential (Limited) Employee Assistance Program (877) 565-8860 • Vanderbilt Project Safe Center Support Line (615) 936-1327 • Saint Thomas Midtown Hospital (24/7/365) • Faculty and Physician Wellness Program Emergency Department (615) 322-SAFE (7233) (615) 936-1327 (615) 284-5555 • Nurse Wellness Program • Nashville General Hospital at Meharry TITLE IX OFFICE (615) 936-1327 Emergency Department Not Confidential (Confidentiality may be requested (615) 341-4000 from Title IX Coordinator; see Requests Not to Pursue an • TriStar Centennial Medical Center Investigation or for Confidentiality for Purposes of an Emergency Department Investigation in Section 7 below) (615) 342-1000 • (615) 322-9004
SEXUAL ASSAULT, DOMESTIC VIOLENCE, DATING VIOLENCE, AND STALKING — PREVENTION AND RESPONSE 16 Additional Information assist members of the Vanderbilt community. Students, on the outcome of the matter. For more information, faculty, staff members, or postdoctoral fellows/trainees see the Formal Grievance Protocol, Section III.B. and the The medical service providers listed above are available seen at the VUMC ED may also obtain victim support Sexual Misconduct Policy, Section XII (Appendices B and to treat injuries and possible sexually-transmitted through the Nashville Sexual Assault Center. A respectively). infections and diseases, as well as for other health services and consultations. If a forensic exam is Immediate Priority—Preserving Evidence: To help Examples of supportive measures that Vanderbilt may requested, one can be performed at the Student Health preserve evidence, individuals who have experienced consider and elect to implement for students include, Center (Monday through Friday, 8:00 a.m. to 4:30 p.m.) sexual assault are advised not to change clothes or but are not limited to: or the Vanderbilt University Medical Center Emergency bedding, take a shower, douche, or clean up until • Access to on-campus counseling services and Department (VUMC ED) (24/7/365) by a Sexual Assault evidence has been collected by the police or SANE. assistance in setting up an initial appointment; Nurse Examiner (SANE) on site. Please note that medical Evidence may still be available even after someone has • Mutual no-contact Directives treatment and a forensic examination may aid in the changed clothes or cleaned up/showered. Therefore, • Rescheduling or extension of academic exams and identification and preservation of physical evidence any clothes or bedding that may contain evidence assignments; associated with the assault and can be performed should be left unfolded and undisturbed, if possible. • Providing alternative course or program completion even if a person does not wish to proceed with an If clothing or bedding must be moved, each item options; investigation at that time. A forensic exam facilitates should be kept separate to prevent transfer of body • Changing class schedules, including the ability to the identification and preservation of physical evidence fluids or other trace evidence. Any potentially relevant transfer course sections or withdraw from or re-take associated with the assault. video, audio, photographs, text messages, messages a course; through other social media applications or outlets Tennessee law requires all medical personnel to report • Changing work schedules, job assignments, or job (e.g., Snapchat, Facebook, Twitter, Instagram, Tinder, to law enforcement when a person seeks treatment locations for University employment; Grindr, etc.), emails, voicemails, written notes, or any for injuries caused by a violent crime, including sexual • Changing residence hall or classroom assignments; other media, including hard-copy documents should be assault. Medical personnel are also required to report to • Providing an escort for transit between University preserved by anyone who possesses such evidence. law enforcement and/or the Tennessee Department of classes and activities; • Providing academic support services, such as Children’s Services when a minor presents for treatment Supportive Measures for any injury or condition that reasonably indicates tutoring; it was caused by violence or abuse, including physical In cases of reported alleged sexual misconduct, • Restrictions, which may include limiting or barring or sexual abuse. Medical personnel are also required Vanderbilt may implement supportive measures access to certain facilities or activities; to report to law enforcement and/or Adult Protective immediately or at any time that Vanderbilt determines • Student-requested leaves of absence. Services when certain vulnerable adults present and such measures are necessary. Supportive measures there is reasonable belief that they are victims of adult are non-disciplinary and non-punitive individualized Examples of supportive measures that Vanderbilt may abuse, neglect, or exploitation. services available to the parties before or after a consider and elect to implement for faculty, staff, and Complaint is filed or where no Complaint has been filed. postdoctoral fellows/trainees may include, but are not Upon request, a Victim Resource Specialist from the The Title IX Coordinator shall have responsibility for limited to: Project Safe Center will meet a student at a medical coordinating the effective implementation of supportive • Access to on-campus counseling services through service provider, law enforcement agency, or other measures, in consultation with other university offices Work/Life Connections (EAP) and assistance in location for assistance or consultation. Project Safe and departments such as the Project Safe Center and setting up an initial appointment; Center Victim Resource Specialists are available 24 the Dean of Students Office. In cases involving faculty • Changing work schedules, job assignments, job hours a day, seven days a week, 365 days a year. and staff who request supportive measures, the Title IX locations, or reporting lines; The Project Safe Center, the Work/Life Connections— Coordinator will confer with Human Resources or the • Limiting or barring access to certain Vanderbilt- Employee Assistance Program, Faculty and Physician appropriate Dean. Some of these supportive measures owned facilities or activities; Wellness Program, Nurse Wellness Program, and the also may continue in effect after an investigation is • Providing an escort for transit around campus. community resources listed above are also available to closed or as sanctions or accommodations, depending
SEXUAL ASSAULT, DOMESTIC VIOLENCE, DATING VIOLENCE, AND STALKING — PREVENTION AND RESPONSE 17 Supportive measures will be balanced based on the needed. The Respondent’s student records also may be the University can assist. VUPD and the Project Safe facts collected, seriousness of the allegations, and marked to indicate their departure during a disciplinary Center also are available to assist faculty and staff in the potential safety risks posed to the Vanderbilt process (which may resume if they return to Vanderbilt), obtaining such orders. community. Supportive measures are designed but will not indicate that such Respondent was found to restore or preserve equal access to Vanderbilt’s or assumed responsible for any alleged misconduct education program and activities without unreasonably pending at the time of departure. INSTITUTIONAL DEFINITIONS burdening the other party, including measures designed Institutional definitions of specific offenses are to protect the safety of all parties and Vanderbilt’s No-Contact Directives and set forth in Section III of the Sexual Misconduct educational or work environment, as well as to deter Orders of Protection Policy at Appendix A to this Annual Security and sexual misconduct. Fire Safety Report, or at vanderbilt.edu/title-ix/ Given the nature of cases involving sexual misconduct, docs/SexualMisconductPolicy.pdf. See also, the the Director of the Title IX Office, or the Director’s Vanderbilt will keep any supportive measures provided Formal Grievance Protocol, Section III, at Appendix to a Complainant or Respondent private, to the extent designee, may issue no-contact directives in connection B to this Report or at vanderbilt.edu/title-ix/docs/ possible. Supportive measures that affect other with a Report or Complaint under the Sexual Misconduct FormalGrievanceProtocol.pdf. The following are Policy to individuals to cease any communication. When members of the Vanderbilt community (e.g. mutual selected definitions, or summaries thereof, contained in a request is filed by one of the parties, the Director or No-Contact Directives, where the other party must be the Sexual Misconduct Policy. informed of the directive and its implications) may the Director’s designee will determine whether the be disclosed to facilitate implementation. The Title IX request is a reasonable supportive measure in light Sexual Misconduct: Coordinator is responsible for coordinating the effective of the available facts, and if so, will issue mutual no- Is a broad term that, in addition to actions that violate implementation of Supportive measures. Vanderbilt contact directives to the parties. criminal statutes such as sexual assault, dating and will maintain as confidential any personal supportive domestic violence, and stalking, also includes “sexual A report of a violation of a no-contact directive by measures provided only to the Complainant or only to harassment” as defined by the Title IX Regulations a student who is subject to the directive may result the Respondent, to the extent that maintaining such and the more broad behaviors included in Section III in a warning or in the filing of a charge against that confidentiality would not impair its ability to provide the of the Sexual Misconduct Policy. It also encompasses student. A charge will be addressed according to the supportive measures (e.g., not applicable to mutual no- other sexually-motivated or gender-biased misconduct usual accountability procedures. If the accountability contact directives). beyond sexual harassment. Examples may include sexual proceedings result in a finding that the student is exploitation and many forms of verbal harassment that responsible for violating the directive, corrective action Vanderbilt may also implement supportive measures may not meet the Title IX Regulations’ definition of will be taken. that affect the broader Vanderbilt community and “sexual harassment.” In addition, facilitation/assistance of that are aimed to eliminate occurrences of sexual The issuance or continuation of a no-contact directive or attempts to commit sexual misconduct are prohibited misconduct and to promote academic and employment under the Sexual Misconduct Policy. environments free of such conduct. is not an accountability proceeding or corrective action for purposes of a student’s record and is not subject to If alleged sexual misconduct does not satisfy the Title IX If a Respondent student withdraws from Vanderbilt appeal. Regulations’ jurisdictional criteria, such as off-campus while a Report or Complaint is pending, supportive sexual misconduct (including sexual harassment) measures for the Complainant may be continued. Students may also seek orders of protection, restraining alleged to have an on-campus effect or occurring during The Respondent may be required to notify the Title IX orders, or other similar orders issued by a court of law a study abroad program, then it may be addressed Coordinator if they intend to visit any building owned or and may be assisted in doing so by representatives from under alternative procedures, as provided in other controlled by Vanderbilt or a student organization that University offices, including, for example, the Project relevant Vanderbilt policies, including but not limited to is officially recognized by Vanderbilt, or if they otherwise Safe Center, the Office of Housing and Residential the Sexual Misconduct Policy. Such off-campus sexual seek to attend any Vanderbilt education program or Experience, and VUPD. If an individual obtains an order harassment may be referred to as Non-Consensual activity or event, so that the Complainant may be of protection or similar order issued by a court, the Sexual Contact (“NCSC”) or Non-Consensual Sexual given an opportunity to receive supportive measures if individual should share that information with VUPD so
SEXUAL ASSAULT, DOMESTIC VIOLENCE, DATING VIOLENCE, AND STALKING — PREVENTION AND RESPONSE 18 Penetration (“NCSP”) (defined below) to avoid confusion by a third party or a person not involved in the physically or otherwise, in order to demonstrate a between charges brought under the Policy and its original conduct; lack of effective consent. Effective consent means procedures as compared to the Title IX Regulations’ • Sexually-based blackmail or extortion; communicating “yes” by word or action; the absence “sexual harassment” definitions and requirements, which • Exceeding the boundaries of consent (such of saying or indicating “no” does not equate to are governed by Vanderbilt’s Formal Grievance Protocol. as covertly observing or permitting others to effective consent. A. Non-Consensual Sexual Contact: “Sexual covertly observe consensual sexual activity, • Effective consent must be maintained by both parties contact” is any contact of a sexual nature — videotaping (or otherwise recording) or throughout the sexual interaction. however slight —with the breasts, buttocks, groin, permitting others to videotape (or otherwise • Effective consent to sexual activity may be genitals, mouth, or other body part of another, record) a person using a bathroom or engaging withdrawn at any time, at which point all sexual by any person upon another without effective in other private activities); activity must cease immediately. consent. This offense also includes contact of • Engaging in voyeurism, exposing one’s breasts, • Effective consent for one form of sexual activity does a sexual nature involving an individual causing buttocks, or genitals in a non-consensual not constitute effective consent for another form of someone else to touch him/her/them with, or on, circumstance or inducing another to expose sexual activity. any of these body parts without effective consent their breasts, buttocks, or genitals without • When “no” to a form of sexual activity is (see definition below). For purposes of crime effective consent; communicated by word or action, that sexual activity reporting and the Clery Act, this contact would be • Procuring, offering for, or promoting sexual must cease immediately. Repeated requests to classified as Fondling, a category of sexual assault. exploitation of another person, or using another engage in a form of sexual activity may amount to B. Non-Consensual Sexual Penetration: “Sexual person for sex work or transactional sex for one’s coercion, as explained below. penetration” is any vaginal and/or anal own benefit; • Previous sexual relationships of the complainant and penetration —however slight —by any body part • Knowingly and non-consensually exposing the respondent with others are generally irrelevant (e.g., penis, tongue, or finger) or object, and/or someone to, or transmitting to someone, a to the existence of effective consent. But a previous, oral copulation (mouth to genital contact), by any sexually transmitted infection or sexually current, and/ or subsequent sexual relationship person upon another without effective consent. transmitted disease. between the complainant and the respondent Non-Consensual Sexual Penetration also includes • Intentionally disclosing or threatening to may or may not be relevant to demonstrating an individual causing someone else to penetrate disclose the sexual orientation, gender identity, or establishing, depending on the facts and him/her/them vaginally, anally, or orally without STI/STD status, and/or gender expression of circumstances, whether effective consent was effective consent (see definition below). For another if the person has kept, or sought to sought or obtained. Relevancy of a previous, current, purposes of crime reporting and the Clery Act, this keep, their status private from the person(s) to and/or subsequent sexual relationship between contact would be classified as Rape, a category of whom it is disclosed; and the complainant and respondent or others will be sexual assault. • Sexually-based stalking and/or bullying. evaluated on a case-by-case basis. C. Sexual Exploitation: Occurs when a person takes • Effective consent expires. Effective consent lasts for non-consensual or abusive sexual advantage of Effective consent: Is consent that is informed and freely a reasonable time, depending on the circumstances. another for their own advantage or benefit, or and actively given. Effective consent requires mutually Thus, effective consent on one occasion, whether on the benefit of anyone other than the one being understandable words or actions indicating a willingness the same day or another day, may not carry over to exploited. Examples of sexual exploitation include, to engage in mutually agreed-upon sexual activity. another sexual interaction. but are not limited to: • The person who wishes to engage in sexual activity • Effective consent is never implied by a person’s • Non-consensual video or audio-taping of sexual with another bears the burden of specifically attire, the person’s extension or acceptance of an activity or other private activity, even if that obtaining effective consent. If effective consent is in invitation to dinner, a date (social function), or a activity occurs in a public or semi-public place; question or ambiguous, then the person who wishes person’s residence, or the person’s consensual • Non-consensual dissemination of video, to engage in sexual activity must clarify or explicitly participation in kissing or other sexual activity. photographs, or audio of sexual activity or ask for permission. • Because effective consent must be informed, an other private activity, including dissemination • There is no requirement for a person to resist, individual must not engage in sexual activity with
SEXUAL ASSAULT, DOMESTIC VIOLENCE, DATING VIOLENCE, AND STALKING — PREVENTION AND RESPONSE 19 another person if the individual knows or reasonably or express or implied threats of harm. In evaluating Depending on the facts and circumstances, intent should know the person is incapacitated. whether coercion was used, the University will consider may or may not be required for a finding of sexual • Effective consent is deemed withdrawn at any whether pressure was applied and, if so, the frequency, misconduct. For example, engaging in intercourse point during sexual activity when an individual has intensity, and duration of the pressure, as well as the without obtaining effective consent constitutes a become or is incapacitated. degree of isolation of the person being pressured. violation of the policy regardless of intent. On the other • Agreement or acquiescence obtained through the Sexual activity that is coerced is non-consensual. hand, intent may be an appropriate consideration in use of fraud or force (actual or implied), or other some instances (such as when one person brushes up forms of coercion, as defined below, is not effective Incapacitation: Means the lack of ability to make against another person in a crowded room). consent. rational, reasonable judgments as a result of alcohol • Effective consent requires mutual understanding consumption, other drug use, sleep, the taking of Title IX: Refers to a comprehensive federal law that and agreement regarding the use and/or method of any so-called “date-rape” drug, unconsciousness, prohibits discrimination on the basis of sex in any prophylaxis and contraception. or blackout. An incapacitated person cannot make federally funded education program or activity. Title • A person’s age may be a factor in determining the rational, reasonable decisions because that person lacks IX prohibits the use of federal money to support sex ability to give effective consent. For example, under the ability to fully understand the who, what, where, or discrimination in education programs and provides Tennessee law, a person who is under the age of how of their sexual interaction. Determining whether individual citizens effective protection against those 18 cannot effectively consent to sexual intercourse an individual is incapacitated requires an individualized practices. with a person four or more years older than the assessment. Incapacitation is a state beyond Title IX Regulations: The U.S. Department of Education underage person. drunkenness or intoxication, in which alcohol, drugs, or enacted revised Title IX Regulations (Part 106 of Title • The existence of a cognitive disability or other other factors render one unable to make fully informed 34 of the Code of Federal Regulations), effective August condition that significantly limits a person’s ability judgments or have an awareness of consequences. 14, 2020, that are binding on Vanderbilt under certain to understand the nature of an action for which Evaluating incapacitation also requires an assessment circumstances involving sexual harassment, as that term effective consent is requested may be a factor in of whether a Respondent knew or should have known is defined by the Regulations. determining the ability to give effective consent. of the other individual’s incapacitated state. While • The existence of a physical disability or other incapacitation may be caused by drugs or alcohol, it also circumstances may prevent a person from giving includes the state of being asleep, during which time a effective consent. person is unable to provide effective consent. • The intoxication of a respondent does not excuse the Blacking out: Is an amnesia-like state that may be failure to obtain effective consent. brought on by drugs, heavy drinking, or intoxication; blacking out is not necessarily incompatible with the Note: Explicit and contemporaneous consent by all ability to engage in simple or even complex behavior. parties is required in advance for any behaviors that Afterwards the person has no recollection of all or part fall under bondage and discipline, dominance and of the events that occurred during the blackout. There submission, and sadism and masochism (BDSM). is a distinction between passing out (falling asleep or Compliance with established boundaries, safe words, becoming unconscious) due to drug or alcohol use and or other mechanisms to revoke consent in encounters blacking out in that a person in a blackout remains involving BDSM is also required. conscious and operative. Coercion: Is conduct that would reasonably place Blacking out, incapacitation, and intoxication do not an individual in fear of immediate or future physical, provide a valid explanation or excuse for engaging emotional, or other harm and that is used to pressure in any form of sexual misconduct against another someone to engage in sexual contact. Coercion can person or persons. include manipulation, intimidation, unwanted contact,
SEXUAL ASSAULT, DOMESTIC VIOLENCE, DATING VIOLENCE, AND STALKING — PREVENTION AND RESPONSE 20 The University will take prompt and effective action to address allegations of sexual misconduct and it will SECTION resolve complaints and reports in a timely and fair manner. As part of its commitment to maintaining a community free of discrimination, and in compliance with Title IX’s mandate, Vanderbilt will address allegations of sexual misconduct, will provide resources as needed for affected persons (Reporters, Complainants, Respondents and third parties within the Vanderbilt community), and will not tolerate retaliation against any person who reports sexual misconduct.
Vanderbilt is committed to providing a prompt, fair, and impartial investigation and resolution for all students and employees. All persons conducting investigations, making determinations, or imposing sanctions will be free from any conflict of interest or bias for or against the complainant Sexual Misconduct or respondent. Complainant and respondent will be provided timely notice of all meetings at 7 which either may have the right to be present. For REPORTS AND additional information concerning the investigation and disciplinary process, please review the Sexual Misconduct Policy attached to this Annual Security INVESTIGATIONS and Fire Safety Report as Appendix A and the Formal Grievance Protocol (for Title IX cases) attached as Appendix B or at vanderbilt.edu/title-ix/docs/ Vanderbilt encourages everyone affected SexualMisconductPolicy.pdf and vanderbilt.edu/ title-ix/docs/FormalGrievanceProtocol.pdf. by sexual misconduct, including sexual In addition, for employees, also please review assault, dating and domestic violence, or the Anti-Harassment Policy at hr.vanderbilt.edu/ stalking, and everyone who suspects or policies/anti-harassment.php/ and the Workplace Violence Policy at hr.vanderbilt.edu/policies/ witnesses such conduct to report it and workplace-violence.php/. For generally applicable to seek help and support from available faculty disciplinary procedures, see vanderbilt.edu/ faculty-manual/part-iv-disciplinary-actions-and- resources. grievances/ch1-disciplinary-actions/.
SEXUAL MISCONDUCT REPORTS AND INVESTIGATIONS 21 VANDERBILT UNIVERSITY All incidents of sexual assault, dating and domestic Protocol will not be applied retroactively. Procedures SEXUAL MISCONDUCT POLICY AND violence, and stalking that occur in the United set out in the relevant version of the Vanderbilt Sexual States, either on campus, in other locations Misconduct and Intimate Partner Policy, the Sexual FORMAL GRIEVANCE PROTOCOL or circumstances where Vanderbilt exercises Assault, Stalking, Dating and Domestic Violence The Vanderbilt University Sexual Misconduct Policy substantial control over both the Respondent and Policy in Cases Not Involving Students (Campus SaVE (Sexual Misconduct Policy) and Formal Grievance the location, or in any building owned or controlled Act Policy), the Anti-Harassment Policy, the Faculty Protocol outline the procedures that apply to allegations by a student organization officially recognized by Manual, and other applicable university policies will of sexual misconduct, including sexual harassment, Vanderbilt, are governed by the Formal Grievance apply to Reports received by the Title IX Coordinator sexual assault, domestic violence, dating violence, Protocol. Off-campus incidents that did not occur in prior to August 14, 2020. The definitions, including and stalking, involving members of the Vanderbilt connection with a Vanderbilt program or activity or of prohibited offenses, in effect as of the date of the community. They are applicable to all members of the that took place abroad are outside the scope of the alleged incident will be used. Reports of conduct Vanderbilt community with respect to conduct that Formal Grievance Protocol and are governed by the spanning more than one year will be addressed using occurs on campus and conduct that occurs off campus processes set forth in the Sexual Misconduct Policy. the definitions section(s) of the relevant policy in that has an on-campus effect, including conduct in effect at the time of the most recent alleged incident. connection with University programs or activities or Procedures for investigating and resolving allegations that otherwise interferes with or limits the ability of a of sexual misconduct (other than conduct subject to Inquiries about the application of the Sexual member of the community to participate in or to receive the Formal Grievance Protocol) when the Respondent Misconduct Policy should be directed to Vanderbilt’s benefits, services, or opportunities from the University’s is a student are included in Section XIII of the Sexual Title IX Coordinator: programs or activities. Misconduct Policy (Appendix A). Procedures for investigating and resolving allegations of sexual Title IX Coordinator The Sexual Misconduct Policy sets forth the specific misconduct (other than conduct subject to the Formal (615) 343-9004 types of conduct that are prohibited, as well as the Grievance Protocol) where the Respondent is not 110 21st Avenue South, Suite 975 resources and support services available to Vanderbilt a student are included in Section XIV. Combined, Nashville, TN 37203 community members who have been affected by such Vanderbilt’s policies and procedures are intended to [email protected] conduct. The University will take prompt and effective ensure that all members of the Vanderbilt community vanderbilt.edu/title-ix/ action to address allegations of sexual misconduct, who are affected by an incident or complaint of sexual and it will resolve complaints and reports in a timely misconduct receive appropriate support and fair Scope of the Formal Grievance Protocol and fair manner. treatment, and that allegations of sexual misconduct are As noted above, when sexual misconduct meets the handled in a prompt, thorough, and equitable manner. criteria specified in the Title IX Regulations, effective The Sexual Misconduct Policy serves as Vanderbilt’s August 14, 2020, it must be addressed under the comprehensive policy against sexual misconduct in Relevant terms are defined in Sections II and XV of the Formal Grievance Protocol, and not the overarching all of its forms. The accompanying Formal Grievance Sexual Misconduct Policy. Sexual Misconduct Policy, to the extent the processes Protocol covers a narrower sub-set of conduct that Vanderbilt will review, evaluate, and make any differ. The Formal Grievance Protocol applies to must be addressed according to a defined formal “sexual harassment” in a Vanderbilt “education grievance process as required by U.S. Department revisions or amendments to its policies and procedures on an ongoing and as-needed basis. The program or activity” against a person in the United of Education Title IX Regulations effective August States. “Sexual harassment” is defined in the Title 14, 2020 (“Title IX Regulations”). To the extent the procedures outlined in the Sexual Misconduct Policy and the accompanying Formal Grievance Protocol will IX Regulations as conduct on the basis of sex that processes differ, when sexual misconduct meets the satisfies one or more of the following: criteria specified in the Title IX Regulations, it must apply to all Reports of sexual misconduct received by Vanderbilt’s Title IX Coordinator on or after August 14, 1. A Vanderbilt faculty or staff member/employee be addressed under the Formal Grievance Protocol. conditioning the provision of an aid, benefit, Otherwise, the overarching Sexual Misconduct Policy 2020, regardless of the date of the alleged incident. The procedures outlined in the Sexual Misconduct or service on an individual’s participation in applies (e.g., the definitions in this Policy apply to the unwelcome sexual conduct (“quid pro quo”); Formal Grievance Protocol). Policy and the accompanying Formal Grievance
SEXUAL MISCONDUCT REPORTS AND INVESTIGATIONS 22 2. Unwelcome conduct determined by a reasonable Reporting an Incident to the University or affecting someone else. A Report may be made person to be so severe, pervasive, and objectively anonymously. Vanderbilt takes reports of sexual misconduct seriously. offensive that it effectively denies a person equal When an individual reports a potential incident of sexual access to Vanderbilt’s education program or Anyone can report an incident of sexual misconduct to misconduct, the University community can provide a activity; or Vanderbilt under the procedure described in Section number of written resources regarding the individual’s 3. Sexual assault, dating violence, domestic IX of the Sexual Misconduct Policy. For example, rights and options and information regarding support violence, or stalking (as defined in the Sexual a “Reporter” can be any individual who reports to and resources. This information also is available on the Misconduct Policy). Vanderbilt that they are a victim or survivor of sexual websites of the Title IX Office atvanderbilt.edu/title-ix/ misconduct or that they have been affected by sexual or Project Safe Center at “Sexual misconduct” prohibited by the Sexual resources.php vanderbilt.edu/ misconduct (sometimes referred to as a “First-Party . Misconduct Policy includes sex-based conduct projectsafe/ Reporter”) or that they have knowledge of sexual misconduct happening to or affecting someone else beyond the Title IX Regulations’ “sexual harassment” Whether or not a report is made to police, the University (sometimes referred to as a “Third-Party Reporter”). definition. Examples may include sexual exploitation recommends that reports of sexual misconduct, and many forms of verbal harassment that may not including sexual assault, dating and domestic violence, Third-Party and Anonymous Reporting are discussed meet the Title IX Regulations’ definition of “sexual and stalking, be made to the Title IX Office. If a person in Section 6 of this Annual Security and Fire Safety harassment.” chooses to make an initial complaint to any other Report above. mandatory reporter, that person will refer the matter to Additionally, the Formal Grievance Protocol required the Title IX Office. How the University responds depends Vanderbilt strongly encourages all individuals to by the Title IX Regulations applies to a narrower upon a variety of factors, including the wishes of the report incidents of sexual misconduct even if the set of circumstances than the Sexual Misconduct complainant, the facts and circumstances of the specific individual does not intend to pursue an official Policy. All allegations regarding sexual assault, dating incident, to whom it was reported, and the University’s Complaint under the Sexual Misconduct Policy. violence, domestic violence, or stalking occurring obligations under applicable federal and state laws. Even if Vanderbilt does not have jurisdiction over on the Vanderbilt campus will be addressed under the Respondent, Vanderbilt may take prompt action the Formal Grievance Protocol. The Protocol applies There is no time limit for reporting incidents of sexual to provide supportive measures for the safety and to a Vanderbilt “education program or activity,” misconduct under the Sexual Misconduct Policy, well-being of any affected person and the broader which is defined by the Title IX Regulations to although Vanderbilt encourages Reports to be made as Vanderbilt community. No person should assume that include locations, events, or circumstances where soon as possible. Any individual who has been subjected an incident has already been reported by someone Vanderbilt exercises substantial control over both to, or who knows of or has witnessed, an incident of else or that Vanderbilt already knows about a the Respondent and the context in which the sexual sexual misconduct is encouraged to report the incident particular situation. harassment occurs, and also includes any building or file a Complaint immediately to maximize Vanderbilt’s owned or controlled by a student organization that ability to obtain information and conduct an adequate, To make a Report to Vanderbilt, a reporting is officially recognized by Vanderbilt. Under the Title thorough, prompt, and impartial investigation. A individual may do one or more of the following: IX Regulations, the Formal Grievance Protocol does delayed Report of alleged sexual misconduct may 1. Report the incident to the Title IX Coordinator not apply to any “education program or activity” that result in the loss of relevant information, evidence, and via email to [email protected], in person, does not occur in the United States. reliable witness testimony, and may impair Vanderbilt’s via the online reporting form at vanderbilt. ability to fully investigate the incident. guardianconduct.com/incident-reporting/, by Sexual misconduct that is not covered by the Formal mail, or by phone. See the Title IX Coordinator’s Grievance Protocol, such as off-campus sexual Anyone can report an incident of sexual misconduct to contact information above. Mandatory reporters misconduct alleged to have an on-campus effect or Vanderbilt (a “Report”). A Report can be made by any should direct their Reports to the Title IX occurring during a study abroad program, may be individual who has experienced sexual misconduct, Coordinator. Other reporters are encouraged, but addressed under the Sexual Misconduct Policy. who has been affected by sexual misconduct, or who not required, to direct their Reports to the Title IX has knowledge of sexual misconduct happening to Coordinator.
SEXUAL MISCONDUCT REPORTS AND INVESTIGATIONS 23 2. Disclose the incident to a mandatory reporter conduct alleged is governed by the U.S. Department Vanderbilt University students) participating in other than the Title IX Coordinator. Generally, of Education’s Title IX Regulations, in which case Vanderbilt programs and activities are expected to be with the exception of the confidential resources Vanderbilt’s Formal Grievance Protocol will apply. supervised while on campus, and every adult member discussed above, a University employee to whom a Following an investigation, which includes assessment of the Vanderbilt community is required to follow the community member reports an incident of sexual of the allegations, the Title IX Coordinator has authority Protection of Minors (POM) Policy vanderbilt.edu/ misconduct is a mandatory reporter. This includes to resolve a Report, including the implementation of any riskmanagement/pompolicyJune2018.php, including faculty members, teaching assistants, and most supportive measures, and close the case if the Report the Code of Conduct When Interacting with Minors. staff. A non-exhaustive list of mandatory reporters does not constitute or become a Complaint. Everyone (not limited to individuals who interact with is contained in Section IX of the Sexual Misconduct minors) is required by Tennessee law to report to DCS Policy. If a person chooses to make an initial After making a Report, an individual may choose to or law enforcement any type of known or suspected report to any mandatory reporter other than the file or request a Complaint and pursue resolution abuse, neglect, or inadequate care of a minor, including Title IX Coordinator, the mandatory reporter must (under the Sexual Misconduct Policy or the Formal suspected child sexual abuse. Community members refer the information to the Title IX Coordinator. Grievance Protocol, as applicable) or, if applicable, an making a report in good faith are protected from Once the information is received by the Title IX Informal Resolution involving the Respondent; may criminal and civil liability for making a report. Vanderbilt Coordinator, it will constitute a Report. choose to be involved in Vanderbilt’s investigation also requires members of the University community and any related proceedings; or may choose to end to make an internal report to the Office of Risk and Mandatory reporters are required by Vanderbilt to involvement in the process. Insurance Management. For questions about the report to the Title IX Coordinator any knowledge they Protection of Minors policy, email protectionofminors@ receive of possible violations of the Policy. Mandatory Public Awareness Events vanderbilt.edu. reporters must relay all known information about any Public awareness events, such as “Take Back the reported Sexual Misconduct Policy violation, including Night,” the Clothesline Project, candlelight vigils, Requests Not to Pursue an but not limited to: the names of involved individuals, protests, “survivor speak-outs,” and other forums in Investigation or for Confidentiality the nature of the incident, and the time and location which students disclose incidents of sexual violence, for Purposes of an Investigation of the incident. including meetings or other events organized by Rooted in Resilience, a support group led by the Project Safe A Reporter can also make a Report disclosing their name If a mandatory reporter believes a person may intend Center staff, are not considered notice to the University but requesting confidentiality. An affected person who to share any information regarding an instance of of sexual misconduct for purposes of initiating its is the subject of a third-party’s Report can also request sexual misconduct, the mandatory reporter should obligation to address any particular incident. To ensure confidentiality. In such instances, if they also request that seek to confirm that the reporting party understands that an event meets this definition, the organizing party no investigation or disciplinary action be pursued, the Title the mandatory reporter’s reporting obligations. If the must obtain clearance through the Office of the Dean of IX Coordinator will respect the request for confidentiality reporting party would prefer to speak with a confidential Students. Such events may, however, inform the need as long as only personal supportive measures are resource, the mandatory reporter should direct the for campus-wide education and prevention efforts, and requested and grounds do not exist to convert the reporting party to a confidential resource. See Section the University may provide information about students’ Report into a Complaint. A request for confidentiality XI of the Sexual Misconduct Policy for information about Title IX rights at these events. cannot be granted in the case of a Complaint. Further, in confidential and anonymous reporting. some instances, Vanderbilt may deny or modify a request Protection of Minors and Reporting for confidentiality when weighed against Vanderbilt’s Once the Title IX Coordinator learns of any Report obligation to provide a safe and non-discriminatory of alleged sexual misconduct, whether from a direct Vanderbilt University is dedicated to the welfare environment, considering many factors, including: Report or from a mandatory reporter, they will and safety of minors who are enrolled as Vanderbilt • The seriousness of the alleged misconduct; implement supportive measures as needed and University students, who visit Vanderbilt’s campus, • Whether there have been other Reports of Sexual initiate an investigation into the alleged incident. The and who participate in Vanderbilt’s programs and Misconduct against the Respondent known by form of the investigation may vary, including if the activities. Minors (excluding those enrolled as Vanderbilt;
SEXUAL MISCONDUCT REPORTS AND INVESTIGATIONS 24 • Whether the Respondent has allegedly threatened In all instances, Vanderbilt prohibits retaliation against be in violation of the Sexual Misconduct Policy and will further misconduct or violence; anyone who reports a potential Title IX incident or be subject to disciplinary action, up to and potentially • Whether the alleged misconduct was committed by participates in a Title IX process. Vanderbilt officials will including termination for employees and expulsion multiple perpetrators; not only take steps to prevent retaliation but also take for students. See below for information pertaining to • Whether the alleged misconduct involved use of a strong responsive action if it occurs. retaliation in cases subject to the Formal Grievance weapon; Protocol, Section V (Appendix B). • The age of the individual subjected to the alleged In all cases of alleged sexual misconduct under the misconduct; Sexual Misconduct Policy reported to the Title IX Vanderbilt does not prohibit any party from discussing • Whether Vanderbilt possesses other means to obtain Coordinator, Vanderbilt will investigate and implement their own experience. While Vanderbilt cannot prevent relevant evidence of the alleged misconduct; supportive measures. Please note that Vanderbilt’s a party or witness from discussing the allegations under • Whether the Report reveals a pattern of misconduct ability to investigate and respond fully to an incident investigation, Vanderbilt encourages parties to respect at a particular location or by a particular individual may be limited because of requests for confidentiality or the sensitive nature of allegations of sexual misconduct. or group of individuals; and to not proceed with disciplinary action. To the extent any person receives another person’s • The accused individual’s right to receive information confidential information (such as medical or about the allegations if the information is Retaliation psychological treatment records) solely as a result of maintained by Vanderbilt as an “education record” Vanderbilt expressly prohibits retaliation against anyone participation in any investigation or proceeding under under the Family Educational Rights and Privacy Act arising from their actions to: 1) in good faith, report the Sexual Misconduct Policy or the Formal Grievance (FERPA), if applicable. what they believe is sexual misconduct, 2) participate Protocol, such confidential information may not be in, or refuse to participate in, any investigation or re-disclosed outside of such forums. This provision In an instance where Vanderbilt determines it must proceeding under the Sexual Misconduct Policy or does not apply to any information learned outside deny or modify a request for confidentiality, the Title IX the Formal Grievance Protocol, or 3) oppose conduct of an investigation or proceeding under the Sexual Coordinator will inform the requesting individual prior that they believe to violate the Sexual Misconduct Misconduct Policy or the Formal Grievance Protocol. to making the disclosure to anyone beyond necessary Policy or the Formal Grievance Protocol. Retaliation school officials. Any such disclosure will be limited to includes intimidation, harassment, threats, or other Anyone who knowingly makes a false accusation of individuals with a need to know such information. adverse action or speech against the person who prohibited conduct or retaliation of any form, including reported the misconduct, the parties, and their knowingly submitting false information during the Vanderbilt does not prohibit any party from discussing witnesses. Notwithstanding (2) above, staff, faculty, and adjudicatory process, may be subject to an investigation their own experience. While Vanderbilt cannot prevent employed postdoctoral fellows are generally required for a potential violation of the Sexual Misconduct a party or witness from discussing the allegations to participate in University investigations, including Policy and may be subject to disciplinary action, up under investigation, Vanderbilt encourages parties to investigations of sexual misconduct, and refusal to to and potentially including termination for university respect the sensitive nature of allegations of sexual participate in such an investigation may result in employees and expulsion for students. misconduct. To the extent any person receives another disciplinary action, which is not considered retaliation. person’s confidential information (such as medical or See Section V of the Formal Grievance Protocol and psychological treatment records) solely as a result of Limited Immunity for Alcohol and Section V of the Sexual Misconduct Policy at Appendices Other Drug Violations participation in any investigation or proceeding under B and A to this Report. the Sexual Misconduct Policy or the Formal Grievance Vanderbilt recognizes that individuals with information Protocol, such confidential information may not be Vanderbilt will not only take steps to prevent retaliation, about sexual misconduct may be hesitant to provide re-disclosed outside of such forums. This provision but it will also take strong corrective action if it occurs. that information if they fear that in doing so, they would does not apply to any information learned outside Anyone who believes they have been the victim of have to reveal their own violation of other University of an investigation or proceeding under the Sexual retaliation should immediately report it to the Title IX policies. Therefore, while Vanderbilt does not condone Misconduct Policy or the Formal Grievance Protocol. Coordinator, who will treat it as a Report. Any individual any violations of its policies, the University will generally found to have retaliated against another individual will extend limited immunity for possession or use of alcohol
SEXUAL MISCONDUCT REPORTS AND INVESTIGATIONS 25 or drugs and any resulting intoxication to students, may be delayed until the police have finished gathering by Vanderbilt, are considered sexual harassment and may extend such immunity to other individuals, evidence, but generally will not wait for the conclusion allegations subject to Title IX and must be filed under in order to facilitate reporting and investigation of of any criminal proceeding. Vanderbilt encourages the procedures set forth in the Formal Grievance sexual misconduct incidents. Individuals may be its students, faculty, staff, and postdoctoral fellows/ Protocol, Section IV (Appendix B). provided with resources on or referred for drug and trainees to report crimes to law enforcement. Project alcohol assessment, counseling and/or education, as Safe Center staff are available to accompany victims If an individual wishes to pursue an incident of sexual appropriate. The limited immunity provided in this who choose to report an incident to law enforcement. misconduct beyond simply reporting it, they may file section does not apply to situations where an individual a Complaint. The filing of a Complaint means that intentionally and non-consensually provides or causes When VUPD receives information concerning conduct the individual is asking Vanderbilt to take further the consumption of alcohol or other drugs for the that may be criminal, including sexual assault, it will steps, such as a full investigation and possibly holding purpose of engaging in behavior prohibited by either work in conjunction with MNPD. Typically, VUPD and an adjudication to resolve the alleged issue. Any the Sexual Misconduct Policy or the Formal Grievance MNPD detectives work together to assist victims. In Complainant (i.e., an alleged victim or survivor or Protocol. See Section VII of the Sexual Misconduct Policy most sexual assault cases, VUPD will provide assistance someone who has otherwise been directly affected at Appendix A to this Report. and MNPD will be the primary investigating agency. For by sexual misconduct) may file a Complaint, and other sexual misconduct cases, including stalking and Vanderbilt will treat it as such. Any Third-Party Reporter Criminal or Civil Complaints dating and domestic violence, VUPD may conduct the may request that Vanderbilt treat their Report as a investigation and keep MNPD updated and informed. Complaint, but that request would not make the Third- Criminal complaints may be filed with either VUPD or Regardless of whether VUPD or MNPD conducts the Party Reporter into a Complainant, and Vanderbilt has MNPD. VUPD and MNPD are not confidential resources. primary investigation, individuals may contact VUPD discretion on whether to treat the Third-Party Report as Victims may also decline to report to these authorities. about the incident at any time. VUPD is available on a Complaint. Vanderbilt University Police Department request to assist victims in working with MNPD and in court proceedings. To meet its Title IX obligations to provide a safe and 2800 Vanderbilt Place, Nashville, TN 37212 nondiscriminatory environment for the broader (615) 322-2745 Vanderbilt community, Vanderbilt may convert a Emergency — 911 or (615) 421-1911 FILING A COMPLAINT OF Report into a Complaint if Vanderbilt determines that police.vanderbilt.edu SEXUAL MISCONDUCT it must take additional steps to protect the Vanderbilt community. Metro Nashville Police Department Headquarters Depending on the conduct alleged and the location 200 James Robertson Parkway, Nashville, TN 37201 of the incident, a Complaint will be governed by Filing a Formal Complaint under the (615) 862-7400 either the Sexual Misconduct Policy or the Formal Emergency — 911 Grievance Protocol. A Formal Complaint under the Formal Grievance Protocol police.nashville.gov Formal Grievance Protocol is a type of Complaint. (See A. Formal Complaint Formal Grievance Protocol, Section IV.A., regarding i. A Formal Complaint is a document filed Civil or criminal proceedings are separate and distinct Formal Complaints, and Sections I-II of each policy for by a Complainant or signed by the Title IX from internal University proceedings and they may or descriptions of the scope of each respective policy. Coordinator alleging sexual harassment as may not run parallel to one another. The University may Appendices A and B to this Annual Security and Fire defined by the Title IX Regulations against a be required by law to provide information to civil or Safety Report.) As noted above, all complaints regarding Respondent and requesting that Vanderbilt criminal authorities or in civil or criminal proceedings. sexual assault, dating or domestic violence, and stalking investigate the allegation of sexual harassment. The filing of a police report or the pendency of civil that occur in the United States, either on campus, in The submission of a Formal Complaint or criminal proceedings does not preclude the Title other locations or circumstances where Vanderbilt triggers the Formal Grievance Process when IX Office or any other department of Vanderbilt exercises substantial control over both the Respondent a Formal Complaint is received by the Title IX University from proceeding with its investigation and and the location, or in any building owned or controlled Coordinator. determination. The investigation and determination by a student organization officially recognized
SEXUAL MISCONDUCT REPORTS AND INVESTIGATIONS 26 A Formal Complaint must be in writing and may deliberately indifferent to actual knowledge promptly and simultaneously send written be filed with the Title IX Coordinator in person, of sexual misconduct. Signing a Formal notice to each party of the dismissal of the by mail, or by email. The Formal Complaint Complaint does not make a Title IX Coordinator Formal Complaint, the reasoning, and the must contain the Complainant’s physical or a Complainant or otherwise a party. transfer for review under the Vanderbilt digital signature, or some other indication Sexual Misconduct Policy. that the Complainant is the person filing v. Vanderbilt may, but is not required to, it. At the time of filing a Formal Complaint, consolidate Formal Complaints arising out of the B. Title IX Coordinator Initial Responsibilities a Complainant must be participating in or same factual circumstances in two scenarios: i. Upon receipt of any report of alleged sexual attempting to participate in the education a. Where there is more than one Complainant misconduct, the Title IX Coordinator will program or activity. or Respondent; promptly contact the Complainant to discuss b. Where a Formal Complaint has also been the availability of supportive measures and ii. If Vanderbilt receives an allegation of filed by the Respondent against the explain the process involved in filing a Formal sexual misconduct that falls within the Complainant. In such cases, the Formal Complaint. The Title IX Coordinator will Formal Grievance Protocol’s scope (it meets Grievance Process for a later-filed Formal inform the Complainant of the availability both the Title IX Regulations’ definition of Complaint may be consolidated into an of supportive measures with or without the “sexual harassment” and their jurisdictional earlier-filed process rather than re-start filing of a Formal Complaint and will consider requirements) but no Formal Complaint is filed, from the beginning (e.g., the new charges the Complainant’s wishes with respect to then the Title IX Regulations prevent Vanderbilt may be considered in the course of a pre- supportive measures. from administering a formal grievance existing investigation). process (including any informal or early c. Vanderbilt may also, but is not required ii. Supportive measures will be assessed and resolution) that permits the imposition of any to, consolidate Formal Complaints and may be offered as needed to Complainants, disciplinary sanctions or other actions against other complaints initiated under the Respondents, and other members of the a Respondent. Supportive measures, however, Sexual Misconduct Policy that arise out of Vanderbilt community who may have been may still be given. Accordingly, Vanderbilt the same factual circumstances so long as affected by the alleged conduct. Supportive strongly encourages Complainants to file a the consolidated complaint is resolved in measures are discussed in the Formal Formal Complaint, so that the required Formal accordance with the requirements of the Grievance Protocol Section III.B. Grievance Process can be followed. Protocol. iii. The Title IX Coordinator may conduct a limited, iii. After filing a Formal Complaint, a Complainant vi. Mandatory Dismissal threshold investigation: may withdraw their Formal Complaint at any a. If a Formal Complaint is filed, Vanderbilt 1. to determine if the alleged conduct meets time by providing written notice to the Title will investigate its allegations. the Formal Grievance Protocol scope IX Coordinator. That withdrawal concludes b. If the conduct alleged does not meet requirements for “sexual harassment” (see the Formal Grievance Protocol process unless the Formal Grievance Protocol scope Section II); the Title IX Coordinator takes action under requirements for “sexual harassment” 2. to determine whether Vanderbilt’s Title IX Subsection iv. immediately below. (See also as defined by USDOE, Vanderbilt must obligations require the Title IX Coordinator Formal Grievance Protocol IV D v. regarding dismiss the Formal Complaint under the to “sign” a Formal Complaint if the permissive dismissal.) Protocol. However, in such circumstance, Complainant does not file one; and the Title IX Coordinator will transfer the 3. for other limited purposes; provided that if iv. A Title IX Coordinator may sign a Formal complaint for review under the Vanderbilt a Formal Complaint is filed or signed, the Complaint to initiate or continue the Formal Sexual Misconduct Policy and possible Title IX Coordinator will fulfill the terms of Grievance Process, if necessary to fulfill investigation and resolution. the Formal Grievance Process, including Vanderbilt’s duties under Title IX to not be c. In such circumstance, Vanderbilt will the notice provisions immediately below
SEXUAL MISCONDUCT REPORTS AND INVESTIGATIONS 27 and the more thorough investigation c. The date and location of the alleged by the incident, etc.). An individual can file a process described below even if it is incident, if known. Complaint through the online reporting form or by somewhat duplicative of the threshold 3. Per the Title IX Regulations, the written meeting with the Title IX Coordinator or designee investigation. notice must include the following and providing a verbal description of the sexual statements: misconduct, which the Title IX Office will use to iv. Vanderbilt may remove a Respondent from the a. The Respondent is presumed not draft a written document that the individual will education program or activity on an emergency responsible for the alleged conduct. review, verify and sign to constitute a Complaint. basis, provided that the Title IX Coordinator b. A determination regarding The online reporting form is available at vanderbilt. undertakes an individualized safety and risk responsibility is made at the guardianconduct.com/incident-reporting/. analysis and determines that an immediate conclusion of the grievance process. threat to the physical health or safety of any c. The parties may have an adviser of B. Action Following the Filing of a Complaint student or other individual arising from the their choice, who may be, but is not Vanderbilt will investigate all Complaints of sexual allegations of sexual harassment justifies required to be, an attorney. misconduct. A Complaint meeting the criteria of the removal. The Respondent must receive notice d. The parties may inspect and review Formal Grievance Protocol (a “Formal Complaint,” and an opportunity to challenge the decision evidence. discussed above) will proceed according to that immediately following the removal by following e. The parties are prohibited from Protocol instead of the provisions below. the Emergency Removal Grievance Procedure knowingly making false statements or For a Complaint that does not meet the criteria for Students. knowingly submitting false information of the Formal Grievance Protocol, Vanderbilt’s during the grievance process. process will typically involve an investigation v. Vanderbilt may place a non-student Respondent 4. The notice must be given as soon as phase and some subsequent process to determine with a Vanderbilt employment relationship practicable and with sufficient time to whether the Sexual Misconduct Policy has been on administrative leave during the pendency prepare a response before any initial violated. In matters where the Respondent is a of a proceeding under this Formal Grievance investigation interview. student, a Resolution Hearing will be used to Protocol. Faculty Respondents may also be determine whether the Respondent is responsible placed on “summary suspension” pursuant to ii. If, at any point during the course of the or not responsible for having violated the Policy, the Faculty Manual (Part 4, Chapter 1). investigation, Vanderbilt decides to investigate except in the circumstances described below. In allegations that are not included in the original matters where the Respondent is not a student, C. Notice of Allegations notice, it will provide notice of the additional a determination of whether the Respondent is i. Upon receipt of a Formal Complaint, Vanderbilt allegations to the parties. will provide written notice to known parties of responsible or not responsible for having violated the following: Filing a Complaint Under the Sexual the policy will be made by the Title IX investigator. 1. Notice of Vanderbilt’s Formal Grievance In some instances, an Informal Resolution also may Process by providing access to the Protocol. Misconduct Policy (Formal Grievance be an option for resolving a Complaint. 2. Notice of the allegations potentially Protocol does not apply) C. Where the Formal Grievance Protocol does not constituting sexual harassment, including A. Filing a Complaint apply, the Title IX Coordinator will have discretion sufficient details known at the time. Anyone seeking to file a complaint of individual to resolve a Complaint, without additional fact- Sufficient details are defined in the Title IX or institutional sexual misconduct may do so finding or a determination of responsibility, in the Regulations to include: with the Title IX Coordinator. Complaints must following circumstances: a. The identities of the parties involved include all information that the filer believes to be (1) If Vanderbilt lacks jurisdiction; in the incident, if known; relevant (e.g., time, location and nature of incident, (2) if a case involves a Vanderbilt employee b. The conduct allegedly constituting names of individuals involved in or witnesses to (including faculty, staff member, employed sexual harassment; and the incident, names of other persons affected postdoctoral fellow, or contract services
SEXUAL MISCONDUCT REPORTS AND INVESTIGATIONS 28 employee), the Title IX Coordinator will and the section on Supportive Measures above) and subject to the Formal Grievance Process. The coordinate with the designated person in Section III of the Formal Grievance Protocol (see investigation may include, among other steps, Human Resources or the appropriate Dean Appendix B) and take other measures consistent the interviewing the Complainant, the Respondent, about appropriate processes and/or resolution; Vanderbilt Student Handbook; and for employee and any witnesses; reviewing law enforcement (3) if the allegations could not constitute a Sexual matters, the Associate Vice Chancellor for Business investigation documents if applicable; Misconduct Policy violation under any alleged Services or their designee shall have authority to reviewing relevant student or employment circumstances; take action consistent with the Vanderbilt Human files; and gathering and examining other (4) if the Complaint is eligible for the Informal Resources policies. relevant documents, social media posts, and Resolution process and the Complainant and other evidence. Respondent both consent to participate in the D. A person may withdraw a Complaint. If a Complaint Informal Resolution process, with such consent is withdrawn, Vanderbilt will assess the information The Investigator will attempt to collect all obtained independently from each person provided as it would any Report and proceed relevant information and evidence. While the by the Title IX Coordinator to avoid a risk of accordingly. Investigator will have the burden of gathering coercion; evidence, it is crucial that the parties present evidence and identify witnesses to the (5) if the Complaint was requested by a Third- INVESTIGATION AND Party Reporter who reported witnessing Investigator so that they may be considered sexual misconduct happening to or affecting RESOLUTION PROCESSES during the investigation. As described below, someone else, the Title IX Coordinator will Depending on the conduct alleged and the location while all evidence presented at a hearing by have discretion to resolve the Complaint of the incident, the investigation and resolution of the parties will be considered, the Adjudicator or to provide modified hearing procedures, a Complaint or Formal Complaint will be governed may, in its/their discretion, grant lesser weight particularly to account for the alleged victim’s by either the Sexual Misconduct Policy or the Formal to information or evidence introduced at the wishes (e.g., if they do not wish to pursue the Grievance Protocol. (See Formal Grievance Protocol, hearing that was available to the party but that Complaint as a First-Party Complainant); Section IV.D. and Sexual Misconduct Policy, Section XIII, was not previously presented for investigation (6) if either Complainant or Respondent, or both, as well as Sections I-II of each policy for descriptions of by the Investigator. cease to be a Vanderbilt student or employee the scope of each respective policy. See Appendices A The investigation file should contain all prior to final resolution of the Complaint and B) As noted above, all complaints regarding sexual information gathered during the investigation (e.g., a student withdrawal or employee is no assault, dating or domestic violence, and stalking that that is potentially relevant to the alleged longer employed by Vanderbilt), the Title IX occur in the United States, either on campus, in other misconduct; the Investigator should not filter Coordinator will have discretion to resolve locations or circumstances where Vanderbilt exercises or exclude evidence or decide the weight or the Complaint or to provide modified hearing substantial control over both the Respondent and the credibility of evidence, unless the evidence is procedures; or location, or in any building owned or controlled by a clearly irrelevant. (7) if the Respondent admits responsibility student organization officially recognized by Vanderbilt, for a violation, the Title IX Coordinator will are considered sexual harassment allegations subject to Following the investigation, the Investigator have discretion to resolve the Complaint or Title IX and will be investigated and resolved under the will draft an investigation report succinctly to provide modified procedures to help the procedures set forth in the Formal Grievance Protocol, describing all collected information. relevant decision-maker determine appropriate Section IV (Appendix B). The Investigator will not make any sanctions. recommendation as to whether a Protocol Formal Grievance Protocol Process violation has occurred or potential sanctions. In all circumstances, the Title IX Coordinator will have authority to provide supportive measures and Investigation Procedure ii. Evidentiary Considerations make accommodations consistent with Section XII i. The Title IX Coordinator will appoint an 1. While investigating the allegations of any of the Sexual Misconduct Policy (see Appendix A Investigator to investigate the allegations Formal Complaint of sexual harassment,
SEXUAL MISCONDUCT REPORTS AND INVESTIGATIONS 29 the Investigator will conduct an objective experience. While Vanderbilt cannot with the exception of hearings and evaluation of all relevant evidence. Relevant prevent a party or witness from certain related meetings, as specified evidence is any evidence that may tend to discussing the allegations under below. Otherwise, advisers may be make the allegations at issue more or less investigation, Vanderbilt encourages present solely to advise or support likely to be true, i.e., both “inculpatory” or parties to respect the sensitive nature the party and are prohibited from corroborating evidence and “exculpatory” of allegations of sexual misconduct. speaking directly to the Investigator, or contradicting evidence. In addition, the Title IX Regulations Adjudicators, other parties, or 2. Standard of Evidence and the Protocol prohibit retaliation witnesses in such proceedings. a. In assessing allegations of sexual against any person because they 5. Provide written notice to each party of harassment and conducting its Formal participate or refuse to participate the date, time, location, participants, Grievance Process, Vanderbilt will in any part of Vanderbilt’s sexual and purposes of each Formal Grievance use a preponderance of the evidence misconduct processes. See Formal Process meeting at which they are invited standard. This standard means Grievance Protocol, Section V. to participate, with sufficient time for the that the alleged sexual misconduct b. To the extent any person receives party to prepare to participate. is “more likely than not” to have another person’s confidential a. For all hearings, Vanderbilt will occurred. information (such as medical or provide at least 10 calendar days’ b. That standard will apply to all Formal psychological treatment records) notice. Complaints of sexual harassment, solely as a result of participation b. For all non-hearing investigative regardless of whether the Formal in any investigation or proceeding interviews or meetings to which Complaint is against a student or under the Protocol, such confidential Vanderbilt invites a party, Vanderbilt other Vanderbilt community member, information may not be re-disclosed will provide at least 5 calendar days’ such as a faculty or staff member. outside of such forums. This provision notice to that party. does not apply to any information 6. Provide both parties an equal opportunity iii. As dictated by the Title IX Regulations, learned outside of an investigation or to inspect and review any evidence when investigating a Formal Complaint proceeding under the Protocol or the Vanderbilt obtained as part of the and throughout the grievance process, Sexual Misconduct Policy. investigation, whether obtained from Vanderbilt will: 4. Provide the parties with the same a party or other source, that is directly 1. Ensure that the burden of proof and the opportunities to have others present related to the allegations raised in a burden of gathering evidence sufficient during any grievance proceeding, including Formal Complaint. The provision of such to reach a determination regarding the opportunity to bring an adviser of evidence is intended to help each party responsibility rest on Vanderbilt and their choice to any related meeting or meaningfully respond to the evidence prior not on the parties. This means that proceeding. The adviser may be, but is to conclusion of the investigation. Vanderbilt’s decision-makers will use the not required to be, an attorney. Vanderbilt a. Parties may elect to submit certain preponderance of the evidence standard. will not limit the choice or presence of records of medical examinations, 2. Provide an equal opportunity for the an adviser for either the Complainant or treatment, or mental health services. parties to present witnesses and other Respondent in any meeting or grievance Vanderbilt will not access, consider, relevant evidence. proceeding; however, Vanderbilt will disclose, or otherwise use a party’s 3. Not restrict the ability of either party to restrict the extent to which the adviser may records that are made or maintained by discuss the allegations under investigation participate in the proceedings, which will a physician, psychiatrist, psychologist, or to gather and present relevant evidence. apply equally to both parties’ advisers. or other recognized professional a. Vanderbilt does not prohibit any a. Note: Advisers are not permitted to or paraprofessional acting in the party from discussing their own participate directly in any proceeding, professional’s or paraprofessional’s
SEXUAL MISCONDUCT REPORTS AND INVESTIGATIONS 30 capacity, or assisting in that capacity, 3. The Investigator will then create a in whole or in part; and which are made and maintained final investigative report that fairly b. The Respondent is no longer enrolled in connection with the provision of summarizes the relevant evidence. The or employed by Vanderbilt; or treatment to the party, unless the party final investigative report will not make any c. Specific circumstances prevent voluntarily consents in writing to their recommendation as to whether a Protocol Vanderbilt from gathering evidence use in a Formal Grievance Process. violation has occurred or potential sufficient to reach a determination as sanctions. At least 10 calendar days prior to the Formal Complaint in whole or in iv. Investigative Report to a hearing, Vanderbilt will send the part. 1. Prior to completion of the investigative final investigative report to each party 2. In all such circumstances, supportive report, Vanderbilt will send to each party, simultaneously, and the party’s adviser if measures may be continued. and the party’s adviser if any, a preliminary any, for their review and written response. 3. Under the first circumstance (v.1.a.), the investigative report and the evidence 4. Any such response must be received by Title IX Coordinator may choose in their subject to inspection and review. the Title IX Coordinator within five days discretion to sign the Formal Complaint to a. Such evidence will be available at of when the final investigative report continue to the Formal Grievance Process. any hearing, to give each party equal was delivered to the party, so that the 4. Under the second circumstance (v.1.b): opportunity to refer to such evidence party’s response may be available for a. The Respondent’s student or during the hearing, including for consideration by the Adjudicator. If employment records may be purposes of cross-examination. warranted, the Investigator may choose to marked to indicate their departure b. Vanderbilt retains discretion to elect update the final investigative report to take during a disciplinary process to send such materials in an electronic a party’s response into account, in which (which may resume if they return format or a hard copy. The provision case the hearing date may be postponed. to Vanderbilt), but will not indicate of such evidence may include data 5. The University endeavors to conduct and that the Respondent was found or security safeguards that prevent it complete the investigative process within assumed responsible for any alleged from being downloaded, printed or 90 business days from the issuance of the misconduct pending at the time of forwarded. notice of allegations. Good cause may exist departure. 2. The parties will have 10 calendar days for extending the time for investigation in b. The Respondent may be required to submit a written response to the some cases, such as multiple witnesses, to notify the Title IX Coordinator preliminary investigative report. See the complicated evidence, informal resolution, if they intend to visit any building Formal Grievance Protocol at Appendix and University breaks and holidays. The owned or controlled by Vanderbilt B for requirements regarding spacing, parties will be notified simultaneously, in or a student organization that is margins, and font. Any such comments writing, if the investigation process cannot officially recognized by Vanderbilt, must be submitted by hand delivery to be completed within 90 business days, and or if they otherwise seek to attend the Title IX Office, 110 21st Ave South, they will be provided with a revised timeline any Vanderbilt education program Suite 975, or by email attachment to the for completion of the investigation. or activity or event, so that the Investigator by no later than 5 pm on the Complainant may be given an 10th calendar day following the date the v. Permissive Dismissal opportunity to receive supportive parties receive the evidence. Requests 1. At any time during the investigation or measures if needed. for extensions must be submitted to hearing, Vanderbilt may dismiss the Formal 5. If permissive dismissal is granted under the the Investigator prior to the expiration Complaint or any of its allegations if: section, the Formal Grievance Process will of the 10-day period. The Investigator a. A Complainant notifies the Title IX cease, no further investigation will occur, will consider any such response prior to Coordinator in writing that they would and no disciplinary sanctions or actions completion of the final investigative report. like to withdraw the Formal Complaint can be imposed against the Respondent.
SEXUAL MISCONDUCT REPORTS AND INVESTIGATIONS 31 6. A permissive dismissal under this section receive the benefit of, a presumption that belief. The Title IX Coordinator or designee differs from a mandatory dismissal under they are not responsible for the alleged has sole discretion to keep or replace the Section IV.A.vi. for alleged conduct that conduct until the grievance process challenged Adjudicator, and if replaced, does not meet the Formal Grievance concludes and a determination regarding will postpone the hearing to allow for the Protocol scope requirements. responsibility is issued. If the Respondent appointment of a replacement Adjudicator. is found responsible for a violation of (The Title IX Coordinator or designee may Adjudication the Protocol, the Respondent may be consult with the appropriate Dean in cases i. Adjudication via hearing subjected to disciplinary action. where a faculty Respondent challenges a 1. Vanderbilt’s Formal Grievance Process 3. The Adjudicator will not be the same faculty Hearing Panel member.) will culminate in a live hearing before an person as the Title IX Coordinator or the 2. Five calendar days in advance of the Adjudicator. Investigator. The Adjudicator will receive hearing, the parties will identify their a. If the Respondent is a faculty member, training as appropriate to carry out their expected attendees (including any adviser) the Adjudicator will be a Hearing duties. and their expected witnesses (including Panel. The Hearing Panel will consist 4. At the request of either party, Vanderbilt themselves), including the witnesses’ of an independent, third-party Hearing will conduct the live hearing with the expected sequence, via writing to the Officer, who will chair the Panel and parties located in separate rooms. Title IX Coordinator or designee, who will direct the hearing, and two faculty Technology must enable the Adjudicator supply the disclosure to the other party Hearing Panel members (selected by as well as the parties to simultaneously see and the Adjudicator. The parties will not be the Title IX Coordinator from among and hear any party or witness answering strictly bound to their disclosures, but they a pool of faculty members nominated questions. Live hearings may, then, be should be submitted in good faith. by the Dean of each school) who will conducted with all parties physically 3. Typically, the parties will be in charge attend the hearing and participate in present in the same location, or any or all of choosing and supplying their deliberations. The three Hearing Panel parties, witnesses and other participants own witnesses at the hearing. When members will each have an equal vote. may appear at the live hearing virtually. necessary for the pursuit of truth and b. For all other Respondents, the 5. Vanderbilt will create a transcript or to gather evidence sufficient to reach a Adjudicator will be a single recording (audio or audiovisual) of any determination, the Hearing Officer (who independent, third-party Hearing adjudicative hearing. It will available to the may consult with the other members of Officer, who will direct the hearing parties for inspection and review pursuant the Hearing Panel, as appropriate) has process. to FERPA. discretion to ask the Title IX Coordinator or 2. The Adjudicator will consider all evidence designee to request additional witnesses presented (subject to the terms below) ii. Pre-hearing after receipt of the parties’ witness lists; and determine whether a Respondent 1. The Title IX Coordinator or designee will recognizing, however, that Vanderbilt is responsible for a violation of the identify the Adjudicator to the parties five has no ability to compel any witness to Protocol. Applying the preponderance days in advance of the hearing. Either attend. Any such requested witness will be of the evidence standard, the burden of party may challenge a named Adjudicator disclosed to the parties. proof is met, and a Respondent may be (Hearing Officer or faculty Hearing Panel 4. Vanderbilt may, within its discretion, found responsible for a Protocol violation, member) if the party believes that the require the parties to participate in a pre- if the Adjudicator determines that it is Adjudicator has a conflict of interest or hearing conference with their advisers more likely than not that the Respondent bias. Any such challenge must be delivered and the Hearing Officer. If the Adjudicator committed the conduct alleged. in writing to the Title IX Coordinator or is a Hearing Panel, other members of the Respondents are entitled to, and will designee at least two days in advance of Hearing Panel may be present at the pre- the hearing, specifying the reasons for such hearing conference.
SEXUAL MISCONDUCT REPORTS AND INVESTIGATIONS 32 iii. Evidence 2. At the hearing, the Adjudicator will typically regarding responsibility based solely on 1. At the hearing, all relevant evidence ask questions first, before either adviser. a party’s or witness’s absence from the will be objectively evaluated. Relevant Subsequently, each party’s adviser is live hearing or refusal to answer cross- evidence is any evidence that may tend permitted to ask the other party and any examination or other questions. to make the allegations at issue more or witnesses all relevant questions and follow- less likely to be true. i.e., “inculpatory” or up questions, including those challenging v. Determination Regarding Responsibility corroborating evidence and “exculpatory” credibility. Cross examination at the live 1. Based on a preponderance of the or contradicting evidence. Credibility hearing must be conducted directly, orally, evidence, the Adjudicator will decide if the determinations will not be based on and in real time by the party’s adviser of Respondent is responsible for engaging a person’s status as a Complainant, choice, and never by a party personally. in the conduct alleged, and if so, what Respondent, or witness. 3. If a party does not have an adviser present disciplinary action may be appropriate. 2. Consistent with the Title IX Regulations, at the live hearing, Vanderbilt will provide For cases where a faculty member is questions and evidence about the without fee or charge to that party, an a Respondent, the Hearing Panel will Complainant’s sexual predisposition or adviser who may be, but is not required deliberate and, at the conclusion of those prior sexual behavior are not relevant, to be, an attorney, to conduct cross- deliberations, the Hearing Panel will unless: examination on behalf of that party. issue a written determination, drafted a. offered to prove that someone other a. If a party does not have an adviser by the Hearing Officer in collaboration than the Respondent committed the for the hearing, the party must notify with the other members of the Hearing conduct alleged or the Title IX Coordinator or designee Panel. For all other cases, the Hearing b. if the questions and evidence concern no later than the party’s pre-hearing Officer will deliberate and issue a written specific incidents of the Complainant’s disclosures. Otherwise, the hearing determination. These determinations will prior sexual behavior with respect to may be delayed, and the appointed typically be issued within 15 days following the Respondent and are offered to adviser may have less time to prepare the hearing. prove consent. for the hearing. 2. The written determination will include: 3. While all relevant evidence presented at a b. Vanderbilt will make available a pool a. Identification of the allegations hearing by the parties will be considered, of trained advisers from which the potentially constituting sexual the Adjudicator has discretion to grant party may select an adviser. harassment under the Protocol; lesser weight to last-minute information 4. Only relevant cross-examination and b. A description of the procedural steps or evidence introduced at the hearing other questions may be asked of a party or taken from the receipt of the Formal that was not previously presented for witness. Before a party or witness answers Complaint through the determination, investigation by the Investigator. a cross-examination or other question, including any notifications to the the Hearing Officer must first determine parties, interviews with parties and iv. Cross-examination whether the question is relevant and witnesses, site visits, methods used to 1. As stated above, each party may be explain any decision to exclude a question gather evidence, and hearings held; accompanied to the hearing by the adviser as not relevant. c. Findings of fact supporting the of their choice, who may be, but is not 5. If a party or witness does not submit to determination; required to be, an attorney. Advisers may be cross-examination at the live hearing, the d. Conclusions regarding the application present solely to advise or support the party Adjudicator must not rely on any statement of the Protocol to the facts; and are prohibited from speaking directly to of that party or witness in reaching a e. A statement of, and rationale for, the the Investigator, Adjudicators, other parties, determination regarding responsibility. result as to each allegation, including: or witnesses during the hearing, except for The Adjudicator cannot, however, draw i. A determination regarding conducting cross examination. an inference about the determination responsibility;
SEXUAL MISCONDUCT REPORTS AND INVESTIGATIONS 33 ii. Any disciplinary sanction(s) determination described above. Any such access to Vanderbilt’s education programs imposed on the Respondent sanction for a Respondent will be generally or activities. Remedies can include, but are (which in cases involving a faculty consistent with other disciplinary decisions not limited to, the following: Respondent will be determined by taken for similarly-situated Respondents. a. Access to on-campus counseling the Dean, as described in section 1. For Student Respondents, sanctions can services and assistance in setting up vi below; for all other cases, the include, but are not limited to, the following: an initial appointment with those sanction will be determined by a. Expulsion services; the Hearing Officer); and b. Suspension b. No-Contact Directives; iii. Whether remedies designed to c. Disciplinary Probation c. Rescheduling of academic exams and restore or preserve equal access d. Deferred Disciplinary Probation assignments; to Vanderbilt’s education program e. Educational Conference d. Providing alternative course or or activity will be provided to the f. Additional components of sanctions program completion options; Complainant; and may include, but are not limited e. Changing class schedules, including f. Procedures and permissible to: restrictions, which may include the ability to transfer course sections bases for the parties to appeal the limiting or barring access to certain or withdraw from a course; determination. facilities or activities and removal or f. Changing work schedules, job 3. The written determination will be provided reassignment from University housing. assignments, job locations, or to the parties simultaneously. 2. For faculty and staff Respondents, reporting lines for University 4. Supportive measures also may be sanctions can include, but are not limited employment; provided to the Complainant that are to, the following: g. Changing on campus residence hall or designed to restore or preserve equal a. Termination of Employment classroom assignments; access to Vanderbilt’s education program b. Reduction in salary and/or rank h. Providing an escort for transit or activity, even if they are not listed in c. Suspension between University classes and the written determination. Remedies and d. Probation activities; Supportive measures that do not impact e. No Contact Directives i. Providing academic support services, the Respondent should not be disclosed f. Campus restrictions such as tutoring; in the written determination; rather, the g. Revocation of Vanderbilt privileges j. Leaves of absence. determination should simply indicate h. Educational programs k. Referral for consideration of the that “remedies will be provided to the i. Removal from (or reassignment to a Complainant’s status through the Complainant.” The Title IX Coordinator is different role on) a project appropriate process (including for responsible for effective implementation of j. A requirement to correct or retract faculty, the Grievance process under any remedies and supportive measures. publications affected by the findings Part IV, Chapter 2 of the Faculty of the investigation Manual). vi. Range of Sanctions and Remedies k. Written reprimand For student and staff Respondents, the Hearing For faculty Respondents, the Dean will vii. Finality Officer will, upon a finding of responsibility provide a copy of the written determination The determination regarding responsibility by a preponderance of the evidence, issue a to the Provost, or to the Chancellor for VUMC- (including the sanction, if any) becomes final sanction that is appropriate to the violation. employed faculty, and the University will report either: For faculty Respondents, the Respondent’s the outcome of the investigation to external 1. if an appeal is filed, on the date that Dean will determine the sanction after agencies, as required. Vanderbilt provides the parties with the consultation with the Hearing Panel, and 3. Remedies may also be implemented by written determination of the result of the the sanction will be included in the written the University to restore or preserve equal appeal, or
SEXUAL MISCONDUCT REPORTS AND INVESTIGATIONS 34 2. if an appeal is not filed, the date on which adjudication determination is provided to v. Vanderbilt will provide a copy of the appeal to an appeal would no longer be considered the parties. The written appeal must state the the non-appealing party. The non-appealing timely. ground(s) for the appeal, include the name of party may submit a written statement within the appealing party, and bear evidence that 10 calendar days that may seek to affirm the Appeals it was submitted by the appealing party. The initial decision and/or respond to the appeal i. Either party may appeal from a determination appeal statement must contain a sufficient statement. regarding responsibility (and/or the sanction, if description supporting the grounds for appeal. any), or from a dismissal of a Formal Complaint If the grounds for appeal is to consider new vi. The Title IX Coordinator has discretion to in whole or in part, on the following bases only: evidence that could affect the outcome of the impose or withhold any applicable sanctions 1. A procedural irregularity, meaning an matter that was not reasonably available to the or supportive measures prior to the appeal alleged failure to follow the process appealing party before or during the time of deadline and prior to the resolution of any outlined in the Protocol, that affected the the hearing or the dismissal, then the written appeal. outcome of the matter; appeal must include such information. The 2. New evidence that was not reasonably Title IX Coordinator retains discretion to verify vii. The appeal will be referred to an Appeals available to the appealing party at the and/or waive minor procedural variations in the Panel in the case of a faculty Respondent or time of the hearing or dismissal, that could timing and content of the appeal submission. an Appeals Officer for all other Respondents. affect the outcome of the matter; For cases where the Respondent is a faculty 3. The Title IX Coordinator, Investigator, or iv. Upon receipt of an appeal, Vanderbilt will: member, the Appeals Panel will consist of an Adjudicator (Hearing Officer or Hearing 1. Notify the other party in writing when independent, third-party Appeals Officer and Panel Member) had a conflict of interest the appeal is filed and implement appeal two additional faculty Appeals Panel members, or bias for or against Complainants or procedures equally for both parties; each of whom will have an equal vote. The Respondents generally or the individual 2. Ensure that the decision-maker (Appeals faculty Appeals Panel members will be selected Complainant or Respondent that affected Panel for faculty Respondents; Appeals by the Title IX Coordinator or designee from a the outcome of the matter. The notice of Officer for all other Respondents) for standing pool of faculty members nominated appeal must describe with specificity the the appeal is not the same person or by the Deans of the schools. For all other cases, basis upon which such conflict of interest persons as the decision-maker that the Appeals Officer will be an independent or bias is alleged and how it allegedly reached the original determination third-party. The Appeals Panel or Appeals affected the outcome; regarding responsibility or dismissal, the Officer, as appropriate, will issue a written 4. The determination cannot reasonably be Investigator(s), or the Title IX Coordinator; decision describing the result of the appeal and supported by the evidence; or 3. Ensure that the decision-maker (Appeals the rationale for the result within a reasonably 5. The severity of the sanction. Panel for faculty Respondents; Appeals prompt time frame, typically within 10 days Officer for all other Respondents) for the following receipt of all appeals materials. The ii. The following are not grounds for appeal by appeal does not have a conflict of interest appeal will determine whether the Hearing any party: or bias for or against Complainants or Panel or Hearing Officer made an error on the 1. Issuance and implementation of Remedies Respondents generally or an individual ground(s) alleged in the appeal statement. The and Supportive Measures other than Complainant or Respondent, and that the appeal is typically determined based on the Emergency Removal as described above; and decision-maker for the appeal has received existing record, but the appeal decision-maker 2. Informal Resolutions. the appropriate and necessary training; has discretion to convene a limited or full 4. Give both parties a reasonable, equal hearing if needed. The appeal decision will be iii. Appeals must be submitted in writing to the opportunity to submit a written statement given simultaneously to both parties. Title IX Coordinator or designee within 10 in support of, or challenging, the outcome. calendar days of the date that the written
SEXUAL MISCONDUCT REPORTS AND INVESTIGATIONS 35 viii. For appeals referred to an Appeals Officer, the 5. If no ground for appeal is found, the process, including the records that will be Appeals Officer will take action on the appeal determination will stand. maintained or could be shared. consistent with the options set forth below in 2. Obtain the parties’ voluntary, written consent to section x: Informal Resolution the informal resolution process. At any time prior to reaching a determination 3. If the parties agree to an informal resolution, ix. For Appeals referred to an Appeals Panel, regarding responsibility, Vanderbilt may facilitate the Formal Complaint is deemed withdrawn the Appeals Panel will review the record and an informal resolution process, such as mediation, and the Formal Grievance Protocol will be make a recommendation consistent with that does not involve a full investigation and terminated. However, the informal resolution is the options set forth below in section x. This adjudication. Vanderbilt may not offer an informal be considered binding, and its breach gives rise recommendation will be forwarded to the resolution process unless a Formal Complaint is to a new Formal Grievance Protocol, which may Chancellor (with notice to the Provost) for a filed. Both parties must agree to participate in an restart the Formal Grievance Protocol. determination. informal resolution process, and if they do, the Formal Grievance Process stops. Either party may withdraw Retaliation x. Potential outcomes of an appeal are as follows from the informal resolution process and resume A. No person may intimidate, threaten, coerce, (based on the relevant ground for appeal): the Formal Grievance Process at any time before or discriminate against any individual for 1. In cases where there has been a material an informal resolution is reached. Vanderbilt will the purpose of interfering with any right or procedural error sufficient to affect the not require the parties to participate in an informal privilege secured by Title IX, its regulation, or determination posed, the case will be resolution process, and will not require them to waive the Formal Grievance Protocol, or because the remanded to the Title IX Office with their rights to a Formal Grievance Process. individual has made a report or complaint, instructions, as appropriate. testified, assisted, or participated or refused to 2. In cases it is determined that there is new Vanderbilt will not offer or facilitate an informal participate in any manner in an investigation, evidence that was not reasonably available resolution process to resolve allegations that a proceeding, or hearing. Intimidation, threats, to the appealing party at the time of the faculty or staff member sexually harassed a student. coercion, or discrimination, including hearing or dismissal, that could affect charges against an individual for code of the outcome of the matter, the case will Prior to facilitating an informal resolution process, conduct violations that do not involve sex be remanded to the Title IX Office with Vanderbilt will: discrimination or sexual harassment, but arise instructions, as appropriate. 1. Provide written notice to the parties disclosing out of the same facts or circumstances as a 3. In cases where it is determined that the following: report or complaint of sex discrimination, the Title IX Coordinator, Investigator, or a. The allegations; or a report or formal complaint of sexual Adjudicator had a conflict of interest or b. The requirements of the informal resolution harassment, for the purpose of interfering bias for or against the Complainant or the process, including the circumstances with any right or privilege secured by Title IX Respondent generally or the individual under which it precludes the parties from or the Protocol, constitutes retaliation. Complainant or Respondent that affected resuming a Formal Complaint arising from B. Vanderbilt will keep confidential the identity the outcome of the matter, the case will be the same allegations; of any individual who has made a report or remanded to the Associate Vice Chancellor c. The fact that, at any time prior to agreeing complaint of sex discrimination, including for Equal Access to assure the University to an informal resolution, any party may any individual who has made a report or filed provides a resolution process without withdraw from the informal resolution a formal complaint of sexual harassment, conflict of interest or bias. process and resume the Formal Grievance any Complainant, any individual who has 4. In cases where the determination cannot Process; and been reported to be the perpetrator of sex reasonably be supported by the evidence, d. Any consequences resulting from discrimination, any Respondent, and any the Appellate Decisionmaker will reverse participating in the informal resolution witness, except as may be permitted by Title the determination. IX, FERPA, or as otherwise required by law,
SEXUAL MISCONDUCT REPORTS AND INVESTIGATIONS 36 or to carry out Vanderbilt’s Title IX Formal SEXUAL MISCONDUCT POLICY time to prepare before conducting an interview with Grievance Protocol or other resolution the Respondent. The Title IX Office will provide the procedures under the Policy. PROCESSES (ONLY COMPLAINTS Complainant and Respondent a transcript of their own C. The exercise of rights protected under the First NOT GOVERNED BY THE FORMAL interview for their review and approval. The parties will Amendment does not constitute retaliation. GRIEVANCE PROTOCOL) have three business days to review and offer corrections The First Amendment does not restrict the For more information about these procedures, see the to their transcript. If a party does not submit comments activities of private universities including Sexual Misconduct Policy, Section XIII (Appendix A to this within three business days, the Investigator will proceed Vanderbilt; however, the USDOE is subject to Report). As noted above, all complaints regarding sexual with the transcript as drafted. the First Amendment and may not administer assault, dating or domestic violence, and stalking that For Reports, the Title IX Coordinator or their designee will the Title IX Regulations in a manner that occur in the United States, either on campus, in other conduct an initial investigation. If that initial investigation violates the First Amendment. locations or circumstances where Vanderbilt exercises demonstrates that the case implicates Vanderbilt’s Title D. Charging an individual with a code of substantial control over both the Respondent and the IX obligations to provide a safe and nondiscriminatory conduct violation for making a materially location, or in any building owned or controlled by a environment for the broader Vanderbilt community, false statement in bad faith in the course of a student organization officially recognized by Vanderbilt, the Title IX Coordinator may treat the Report as sexual misconduct grievance proceeding does are considered sexual harassment allegations subject to a Complaint and follow the Complaint processes not constitute retaliation. A determination Title IX and must be filed under the procedures discussed outlined in the Sexual Misconduct Policy. If the Title regarding responsibility alone, however, is not in the prior section. See the Formal Grievance Protocol, IX Coordinator determines that the Report does not sufficient to conclude that any party made a Section IV (Appendix B). Processes vary depending upon implicate Vanderbilt’s Title IX obligations, then after the materially false statement in bad faith. whether the Respondent is a student, staff, faculty or Title IX Coordinator’s investigation, implementation E. Complaints alleging retaliation may be filed postdoctoral fellow/trainee. Determinations in these of any supportive measures, and finalization of any with the Title IX Coordinator, who will determine cases will be made using the preponderance of the investigation memo, the Title IX Coordinator will be whether to consolidate the allegations of evidence standard. retaliation into the investigation process authorized to close the matter. described in the Formal Grievance Protocol or A. Investigation and Resolution Process For Complaints, the Title IX Coordinator will appoint through other appropriate methods. an Investigator to handle the investigation. This F. In the event an individual alleges that the When the Respondent is a Student Investigator will be a different person than the Title Title IX Coordinator retaliated against them, Investigations IX Coordinator. Following the investigation, the the individual may file a complaint with the Vanderbilt will investigate all Reports of sexual Investigator will draft an investigation report succinctly Associate Vice Chancellor for Equal Access, misconduct reported to the Title IX Coordinator describing all collected information. Prior to completion who will follow the grievance procedures regardless of whether the Report becomes a Complaint. of the investigative report, Vanderbilt will send to each either under the Protocol or under the The investigation and adjudication procedures (if party simultaneously, and the party’s adviser if any, Vanderbilt Sexual Misconduct Policy. The Title needed) will be prompt, fair, and impartial. The process a preliminary investigative report and the evidence IX Coordinator (nor staff under the Title IX typically will begin with intake meetings conducted subject to inspection and review. The evidence will Coordinator’s supervision) will not oversee the by the Title IX Coordinator. The investigation phase be available at any hearing, to give each party equal investigation or adjudication of a complaint may include interviewing the Complainant/First-Party opportunity to refer to such evidence during the alleging that the Title IX Coordinator engaged Reporter, the Respondent, and any witnesses; reviewing hearing, including for purposes of cross-examination. in retaliation. If the Associate Vice Chancellor law enforcement investigation documents if applicable; Vanderbilt retains discretion to elect to send such for Equal Access is also the Title IX Coordinator, reviewing relevant student or employment files; and materials in an electronic format or a hard copy. The an individual alleging the Title IX Coordinator gathering and examining other relevant documents and provision of such evidence may include data security retaliated against them may file a complaint evidence. The Title IX Coordinator or designee will notify safeguards that prevent it from being downloaded, with the Vice Chancellor for Administration. the Respondent of the investigation with sufficient printed or forwarded.
SEXUAL MISCONDUCT REPORTS AND INVESTIGATIONS 37 The parties will have ten days to submit a written Vanderbilt will make reasonable efforts to balance and compel face-to-face confrontation between the parties response to the preliminary investigative report. protect the rights of the parties during any investigation or participation in any particular form of Informal See the Sexual Misconduct Policy at Appendix A for commenced under the Sexual Misconduct Policy. Resolution. requirements regarding spacing, margins, and font. Vanderbilt will respect the privacy of the parties and The response must be submitted by email attachment any witnesses in a manner consistent with Vanderbilt’s The Title IX Coordinator will make an initial decision to the Investigator by no later than 5 pm on the tenth obligations to investigate the alleged incident and take about whether a case qualifies for an Informal day following the date the parties receive the evidence. appropriate interim and/or corrective action. The Title Resolution, and if both parties then agree to pursue that Requests for extensions must be submitted to the IX Coordinator will keep the parties reasonably informed path, Vanderbilt will halt any investigation or scheduled Investigator prior to the expiration of the ten-day period. of the status of the investigation. Resolution Hearing so that the parties can explore the The investigator will consider any such response prior to possibility of Informal Resolution. Participation in an completion of the final investigative report. Both Complainants and Respondents may utilize Informal Resolution is voluntary, and either party can Advisers throughout the investigation process, including request to end the Informal Resolution conference at The investigator will then create a final investigative to accompany them to any hearing, conference, or any time and return the investigation or proceeding report that fairly summarizes the relevant evidence, related disciplinary proceeding. Advisers are not to its pre-conference status. If the parties agree to a typically within 90 business days of the date the permitted to directly participate in Resolution Hearings resolution during an Informal Resolution process, the Respondent received notice of the investigation. or Informal Resolution conferences; they may be present Title IX Coordinator will oversee its implementation, the The final investigative report will not make any solely to advise or support the party and are prohibited Complaint will be deemed withdrawn, and the matter recommendation as to whether a Protocol violation from speaking directly to the Investigator, the Sexual will be terminated. However, the resolution will be has occurred or potential sanctions. At least ten Misconduct Adjudicator, other parties, or witnesses. considered binding, and its breach would give rise to days prior to a hearing, Vanderbilt will send the final a new Complaint, which may restart the investigation investigative report to each party simultaneously, and Advisers and/or Resolution Hearing process. the party’s adviser if any, for their review and written The Sexual Misconduct Policy defines an adviser as an response. Any such response must be received by the attorney or a non-attorney adviser who can provide Resolution Hearing/ Title IX Coordinator within ten days of when the final assistance to the Complainant or the Respondent during Standard of Evidence investigative report was delivered to the party, so that Resolution Hearings, Informal Resolution conferences, the party’s response may be available for consideration A Resolution Hearing is Vanderbilt’s disciplinary and any other stage of the processes covered by the proceeding through which a Sexual Misconduct by the adjudicator. Any such comments must be Sexual Misconduct Policy, although they are not submitted by email attachment to the Investigator by Adjudicator evaluates evidence related to a Complaint to permitted to directly participate. Vanderbilt will provide determine whether a student Respondent is responsible no later than 5 pm on the tenth day following the date a list of individuals who have received training to serve the parties receive the evidence. See Sexual Misconduct or not responsible for a violation of the Policy, based on as Advisers, but parties retain the right to select their the criteria of “a preponderance of evidence.” Under this Policy, Section XIII A., for requirements regarding page own Adviser if they so choose. limits, line spacing, margins, and font. If warranted, the standard, the burden of proof is met and a Respondent may be found responsible for a Sexual Misconduct Policy investigator may choose to update the final investigative Informal Resolution report to take a party’s response into account, in which violation if the Sexual Misconduct Adjudicator determines case the hearing date may be postponed. For Complaints with a student Respondent, at the that it is more likely than not that the Respondent discretion of the Title IX Coordinator, the parties may committed the violation. If the Respondent is found in The Investigator will not make any recommendation opt to pursue an Informal Resolution as an alternative violation of the Sexual Misconduct Policy, the Respondent as to whether a Sexual Misconduct Policy violation has to a Resolution Hearing. An Informal Resolution involves may be subjected to disciplinary action. occurred or potential sanctions. Depending on how the a remedies-based, non-judicial process designed to Complaint proceeds, the investigation report and other eliminate or address potential sexual misconduct. The Sexual Misconduct Adjudicator will not be the materials related to the investigation may be presented This process aims to assure fairness, to facilitate same person as either the Title IX Coordinator or the at a Resolution Hearing and/or may be presented during communication, and to maintain an equitable balance Investigator. Cases will be adjudicated by a trained third- an Informal Resolution process. of power between the parties. Vanderbilt will not party adjudicator.
SEXUAL MISCONDUCT REPORTS AND INVESTIGATIONS 38 Respondents are entitled to, and will receive the benefit the hearing. When necessary for the pursuit of truth and permitted to ask the other party and any witnesses all of, a presumption that they are not responsible for the to gather evidence sufficient to reach a determination, relevant questions and follow-up questions, including alleged conduct until the grievance process concludes the Sexual Misconduct Adjudicator has discretion to those challenging credibility. Cross examination at and a determination regarding responsibility is issued. ask the Title IX Coordinator or designee to request the live hearing must be conducted directly, orally, If the Respondent is found responsible for a violation of additional witnesses after receipt of the parties’ witness and in real time by the party’s adviser of choice, and the Sexual Misconduct Policy, the Respondent may be lists; recognizing, however, that Vanderbilt generally never by a party personally. If a party does not have subjected to disciplinary action. has no ability to compel any witness to attend. Any such an adviser present at the live hearing, Vanderbilt will requested witness will be disclosed to the parties. provide without fee or charge to that party, an adviser At the request of either party, Vanderbilt will who may be, but is not required to be, an attorney, to conduct the live hearing with the parties located in Vanderbilt may, within its discretion, require the parties conduct cross-examination on behalf of that party. If a separate rooms. Technology must enable the Sexual to participate in a pre-hearing conference with their party does not have an adviser for the hearing, the party Misconduct Adjudicator and parties to simultaneously advisers and the adjudicator. must notify the Title IX Coordinator or designee no later see and hear the party or witness answering than the party’s pre-hearing disclosures. Otherwise, the At the hearing, all relevant evidence will be objectively questions. Live hearings may, then, be conducted hearing may be delayed, and the appointed adviser may evaluated by the adjudicator. Relevant evidence is with all parties physically present in the same have less time to prepare for the hearing. Vanderbilt will any evidence that may tend to make the allegations at location, or any or all parties, witnesses and other make available a pool of trained advisers from which the issue more or less likely to be true. i.e., “inculpatory” participants may appear at the live hearing virtually. party may select an adviser. Vanderbilt will create a transcript or recording (audio or corroborating evidence and “exculpatory” or or audiovisual) of any adjudicative hearing. It will be contradicting evidence. Credibility determinations will Only relevant cross-examination and other questions available to the parties for inspection and review in not be based on a person’s status as a Complainant, may be asked of a party or witness. Before a party accordance with the requirements of FERPA. Respondent, or witness. Questions and evidence about or witness answers a cross-examination or other the Complainant’s sexual predisposition or prior sexual question, the Sexual Misconduct Adjudicator must The Title IX Coordinator or designee will identify the behavior are not relevant, unless: (1) offered to prove first determine whether the question is relevant and Sexual Misconduct Adjudicator to the parties five days that someone other than the Respondent committed explain any decision to exclude a question as not in advance of the hearing. Either party may challenge the conduct alleged; or (2) if the questions and evidence relevant. If a party or witness does not submit to cross- a named adjudicator if believed to have a conflict of concern specific incidents of the Complainant’s prior examination at the live hearing, the adjudicator must interest or bias. A challenge must be delivered in writing sexual behavior with respect to the Respondent and are not rely on any statement of that party or witness in to the Title IX Coordinator or designee at least two days offered to prove consent. While all relevant evidence reaching a determination regarding responsibility. The in advance of the hearing, specifying the reasons for presented at a hearing by the parties will be considered, adjudicator cannot, however, draw an inference about such belief. The Title IX Coordinator or designee has the the Sexual Misconduct Adjudicator has discretion to grant the determination regarding responsibility based solely discretion to keep or replace the challenged adjudicator, lesser weight to last-minute information or evidence on a party’s or witness’s absence from the live hearing or and if replaced, will postpone the hearing to allow for a introduced at the hearing that was not previously refusal to answer cross-examination or other questions. replacement adjudicator. presented for investigation by the Investigator. The Sexual Misconduct Adjudicator will issue a written Ten days in advance of the hearing, the parties will Each party may be accompanied to the hearing by the determination, typically within 10 days following the identify their Adviser and any witnesses they request adviser of their choice, who may be, but is not required hearing. Based on a preponderance of the evidence, to the University be present at the hearing, via writing to be, an attorney. Advisers may be present solely to the adjudicator will decide if the respondent is to the Title IX Coordinator or designee, who will supply advise or support the party and are prohibited from responsible for engaging in the conduct alleged, and if the disclosure to the other party. The parties will not speaking directly to the investigator, adjudicators, so, what disciplinary action may be appropriate. The be strictly bound to their disclosures, but they should other parties, or witnesses during the hearing, except written determination will include: be submitted in good faith. The University will contact for conducting cross examination. At the hearing, the • Identification of the allegations potentially the witnesses that each party has identified and make adjudicator will typically ask questions first, before constituting sexual misconduct under the Policy; all reasonable efforts to have the witnesses present at either adviser. Subsequently, each party’s adviser is
SEXUAL MISCONDUCT REPORTS AND INVESTIGATIONS 39 • A description of the procedural steps taken from the Appeals Upon receipt of an appeal, Vanderbilt will: receipt of the Complaint through the determination, 1. Notify the other party in writing when the appeal Appeals can only be raised on one or more of the including any notifications to the parties, interviews is filed and implement appeal procedures following grounds: (1) a procedural irregularity that with parties and witnesses, site visits, methods used equally for both parties; affected the outcome of the matter; (2) new evidence to gather evidence, and hearings held; 2. Ensure that the Appellate Officer is not the same that was not reasonably available to the appealing • Findings of fact supporting the determination; person as the decision-maker that reached the party before or during the time of the hearing and that • Conclusions regarding the application of the Sexual original determination regarding responsibility could alter the decision; (3) the Title IX Coordinator, Misconduct Policy to the facts; or dismissal, the investigator(s), or the Title IX Investigator, or Adjudicator(s) had a conflict of interest • A statement of, and rationale for, the result as to each Coordinator; or bias for or against complainants or respondents allegation, including: 3. Ensure that the Appellate Officer does not generally or against the appealing party individually o A determination regarding responsibility; have a conflict of interest or bias for or against that affected the outcome of the matter; (4) The o Any disciplinary sanctions the adjudicator Complainants or Respondents generally or an determination cannot reasonably be supported by the imposes on the respondent; and individual Complainant or Respondent, and evidence; or (5) the severity of the sanction. o Whether remedies designed to restore that the Appellate Officer has received the or preserve equal access to Vanderbilt’s Either Complainant or Respondent may appeal any appropriate and necessary training; education program or activity will be Sexual Misconduct Adjudicator decision. Appeals must 4. Give both parties a reasonable, equal provided to the Complainant; and be submitted in writing to the Title IX Coordinator opportunity to submit a written statement in • Procedures and permissible bases for the parties to or designee within 10 days of the date that the support of, or challenging, the outcome. appeal the determination. written adjudication determination is provided to the parties. Any such appeal must be submitted by email Vanderbilt will provide a copy of the appeal to the non- The written determination will be provided to the attachment to the Title IX Coordinator or designee appealing party. The non-appealing party may submit parties simultaneously. by no later than 5 pm on the tenth day following the a written statement within 10 days that may seek to date the parties receive the final report. See Sexual affirm the initial decision and/or respond to the appeal Supportive measures also may be provided to the Misconduct Policy, Section XIII D., for requirements statement. Any such statement must be submitted by Complainant that are designed to restore or preserve regarding page limits, line spacing, margins, and font. email attachment to the Title IX Coordinator or designee equal access to Vanderbilt’s education program The written appeal must state the ground(s) for the by no later than 5 pm on the tenth day following the or activity, even if they are not listed in the written appeal, include the name of the appealing party, and date the non-appealing receives the appeal. See Sexual determination. Remedies and supportive measures that bear evidence that it was submitted by the appealing Misconduct Policy, Section XIII D., for requirements do not impact the Respondent should not be disclosed party. The appeal statement must contain a sufficient regarding page limits, line spacing, margins, and font. in the written determination; rather, the determination description supporting the grounds for appeal. If the should simply indicate that “remedies will be provided The Title IX Coordinator has discretion to impose grounds for appeal is to consider new evidence that to the Complainant.” The Title IX Coordinator or or withhold any applicable sanctions or supportive could affect the outcome of the matter that was not designee is responsible for effective implementation of measures prior to the appeal deadline and prior to the reasonably available to the appealing party before or any remedies and supportive measures. resolution of any appeal. during the time of the hearing or the dismissal, then Sanctions the written appeal must include such information. If The Appellate Officer will issue a written decision the grounds for appeal is an allegation of conflict of describing the result of the appeal and the rationale • Expulsion interest or bias, the notice of appeal must describe with for the result within a reasonably prompt time frame, • Suspension specificity the basis upon which such conflict of interest typically within 10 days following receipt of all appeals • Disciplinary Probation or bias is alleged and how it allegedly affected the materials. The appeal will determine whether the • Deferred Disciplinary Probation outcome. The Title IX Coordinator retains discretion to adjudicator made an error on the grounds alleged in the • Educational Conference verify and/or waive minor procedural variations in the appeal statement. The appeal is typically determined timing and content of the appeal submission.
SEXUAL MISCONDUCT REPORTS AND INVESTIGATIONS 40 based on the existing record, but the appeal decision- will be consistent with those described above. See the and sanction would take place under the Faculty maker has discretion to convene a limited or full Sexual Misconduct Policy, Section XIII, in Appendix A. Manual for faculty, and any applicable policy based hearing if needed. The appeal decision will be given Determinations in these cases will be made using the on the status of the postdoctoral fellow/trainee. The simultaneously to both parties. preponderance of the evidence standard. Title IX Coordinator or designee will simultaneously inform the Complainant and the Respondent of the The Appellate Officer will take action on the appeal When the Complainant is not a Student determination as to whether the Respondent violated based on the relevant ground for appeal as set forth and the Respondent is Staff the Policy. Complainants will be informed of the below: outcome if the case involved allegations of sexual • In cases where there has been a material procedural In instances where the Complainant is not a student assault, dating or domestic violence, or stalking. error sufficient to affect the determination posed, and the Respondent is staff, the Investigator will draft the Appellate Officer will remand the case to the Title an investigative report that includes findings of the When the Complainant is a Student and IX Office with instructions, as appropriate. investigation and a determination regarding whether • In cases where the Appellate Officer deems there the Respondent violated the Sexual Misconduct Policy. the Respondent is Staff or Faculty or a is new evidence that was not reasonably available The Title IX Coordinator will review the investigative Postdoctoral Fellow/Trainee to the appealing party at the time of the hearing report and send to the staff Respondent’s Manager/ In instances where the Complainant is a student or dismissal, that could affect the outcome of the Department Head, as well as Human Resources, who and the Respondent is either staff, faculty, or a matter, the Appellate Officer will remand the case to are responsible for sanctioning, as applicable. Any postdoctoral fellow/trainee, the Investigator will the Title IX Office with instructions, as appropriate. review of the findings and sanction would take place provide the Respondent the opportunity to review the • In cases where the Appellate Officer deems the under applicable Human Resources policies or the evidence gathered in the investigation prior to making Title IX Coordinator or Investigator had a conflict of Collective Bargaining Agreement (if applicable). The a determination whether the Respondent violated interest or bias for or against the Complainant or the Title IX Coordinator or designee will simultaneously the Policy. The Title IX Office may redact non-party Respondent generally or the individual Complainant inform the Complainant and the Respondent of the names and sensitive information from the evidence. or Respondent that affected the outcome of the determination as to whether the Respondent violated The Respondent may view the redacted information matter, the Appellate Officer will refer the case to the the Policy. Complainants will be informed of the by scheduling an appointment with the Title IX Office. Associate Vice Chancellor for Equal Access to assure outcome if the case involved allegations of sexual The Respondent may submit written comments the University provides a resolution process without assault, dating or domestic violence, or stalking. on the evidence. See the Sexual Misconduct Policy, conflict of interest or bias. Section XIV, at Appendix A regarding page, spacing, • In cases where the Appellate Officer deems the When the Complainant is not a Student margin, and font requirements. Comments must be determination cannot reasonably be supported by and the Respondent is Faculty or a submitted by email attachment to the Investigator the evidence, the Appellate Officer will reverse the Postdoctoral Fellow/Trainee by no later than 5pm on the tenth day following determination. the date the Respondent receives the evidence. In instances where the Complainant is not a student Requests for extensions must be submitted to the and the Respondent is faculty or a postdoctoral Title IX Office prior to the expiration of the ten-day INVESTIGATION AND RESOLUTION fellow/trainee, the Investigator will draft an period. Following review of any comments submitted PROCESSES WHEN THE RESPONDENT investigative report that includes findings of the and additional investigation, as appropriate, the IS NOT A STUDENT investigation and a determination regarding whether Investigator will prepare the investigative report the Respondent violated the Sexual Misconduct that includes findings of the investigation and a If the Respondent is not a student, and the Formal Policy. The Title IX Coordinator will review the Grievance Protocol is not required under the Title determination whether the Respondent violated the investigative report and send to the faculty or Policy. The Title IX Coordinator will provide the report IX Regulations, then some of the procedures for postdoctoral fellow/trainee Respondent’s Dean, investigation and resolution may differ from the on the findings of the investigation simultaneously to who is responsible for sanctioning, as well as any the Complainant and the Respondent. Complainants processes involving student Respondents described other applicable process. Any review of the findings above. The report and notification processes, however, will be informed of the outcome if the case involved
SEXUAL MISCONDUCT REPORTS AND INVESTIGATIONS 41 allegations of sexual assault, dating or domestic XIV, at Appendix A regarding page, spacing, margin, on the existing record, the petition, any new evidence violence, or stalking. and font requirements. The written appeal must in the petition that was not reasonably available for state the ground(s) for the appeal, include the name presentation to the Title IX Office and the introduction When the Respondent is not a of the appealing party, and bear evidence that it of which could reasonably be expected to change Vanderbilt Student, Staff, Faculty, or was submitted by the appealing party. The appeal the Title IX Office’s determination, and any written Postdoctoral Fellow/Trainee statement must contain a sufficient description responses. The appeal decision will be provided supporting the grounds for appeal. If the grounds for simultaneously to both parties. The appeal decision When the Title IX Office receives a complaint against appeal is to consider new evidence that could affect will be also be provided to the following persons: a person who is not a member of the Vanderbilt the outcome of the matter that was not reasonably • Staff Respondent: The staff Respondent’s Manager/ community (a Third Party), the Title IX Coordinator available to the appealing party before or during the Department Head, as well as Human Resources; has the discretion to determine the most appropriate time of the hearing or the dismissal, then the written • Faculty Respondent: The faculty Respondent’s Dean; way to address the complaint. Vanderbilt’s ability appeal must include such information. If the grounds and to take appropriate corrective action against a for appeal is an allegation of conflict of interest or bias, • Post-doctoral fellow/trainee: The appropriate Third Party will be determined by the nature of the notice of appeal must describe with specificity the Dean(s). the Third Party’s relationship to Vanderbilt. The basis upon which such conflict of interest or bias is Title IX Coordinator will determine the appropriate alleged and how it allegedly affected the outcome. The The Appellate Officer will take action on the appeal manner of resolution in accordance with Vanderbilt’s Title IX Coordinator retains discretion to verify and/or based on the relevant ground for appeal as set commitment to a prompt and equitable process and waive minor procedural variations in the timing and forth below: consistent with state and federal law, regulations, content of the appeal submission. • In cases where there has been a material procedural guidance, and this Policy. The Title IX Coordinator will error sufficient to affect the determination posed, determine which Procedures apply based upon the Upon receipt of an appeal, Vanderbilt will notify the Appellate Officer will remand the case to the facts and circumstances of the case. the other party in writing when the appeal is filed Title IX Office with instructions, as appropriate. and implement appeal procedures equally for both • In cases where the Appellate Officer deems there Appeals parties. Vanderbilt will provide a copy of the appeal is new evidence that was not reasonably available to the non-appealing party. Both parties will have a In investigations in which students are Complainants, to the appealing party at the time of the hearing reasonable, equal opportunity to submit a written the parties may appeal the determination by the Title or dismissal, that could affect the outcome of the statement in support of, or challenging, the outcome. IX Office. Appeals can only be raised on one or more of matter, the Appellate Officer will remand the case to The non-appealing party may submit a written the following grounds: (1) a procedural irregularity that the Title IX Office with instructions, as appropriate. statement within 10 days that may seek to affirm affected the outcome of the matter; (2) new evidence • In cases where the Appellate Officer deems the the initial decision and/or respond to the appeal that was not reasonably available to the appealing Title IX Coordinator or Investigator had a conflict of statement. See the Sexual Misconduct Policy, Section party before or during the time of the hearing and that interest or bias for or against the Complainant or the XIV, at Appendix A regarding page, spacing, margin, could alter the decision; (3) the Title IX Coordinator Respondent generally or the individual Complainant and font requirements. The Title IX Coordinator has or Investigator had a conflict of interest or bias for or or Respondent that affected the outcome of the discretion to impose or withhold any applicable against complainants or respondents generally or matter, the Appellate Officer will refer the case to the sanctions or supportive measures prior to the appeal against the appealing party individually that affected Associate Vice Chancellor for Equal Access to assure deadline and prior to the resolution of any appeal. the outcome of the matter; and (4) the determination the University provides a resolution process without conflict of interest or bias. cannot reasonably be supported by the evidence. The Appellate Officer will issue a written decision • In cases where the Appellate Officer deems the describing the result of the appeal and the rationale Appeals must be submitted in writing to the Title determination cannot reasonably be supported by for the result within a reasonably prompt time IX Coordinator within 10 days of the date that the the evidence, the Appellate Officer will reverse the frame, typically within 10 days following receipt of all written adjudication determination is provided to the determination. appeals materials. The appeal is determined based parties. See the Sexual Misconduct Policy, Section
SEXUAL MISCONDUCT REPORTS AND INVESTIGATIONS 42 VUPD VUPD provides referrals and support for victims of crime at Vanderbilt. When appropriate, a VUPD officer will accompany a victim to the hospital or SECTION to court, assist in obtaining protective orders or warrants, coordinate with the District Attorney’s Office, and guide the victim through the criminal justice system. Referrals are also made to campus and community support programs. For more detailed information, visit police.vanderbilt.edu/services/ vicservices or call VUPD Dispatch at (615) 322-2745 to speak with an officer.
PROJECT SAFE CENTER The Project Safe Center for Sexual Misconduct Prevention and Response provides information, support, referrals, and education about intimate partner violence (including sexual harassment, sexual assault, dating violence, domestic violence, and stalking), as well as consent, healthy RESOURCES AND relationships, and healthy sexuality to the Vanderbilt 8 University community. Project Safe administers the University’s bystander intervention training and CRIME PREVENTION Preventing Sexual Assault, the online sexual assault prevention educational module required of all incoming students, and offers prevention education designed to address all forms of sexual harassment, AND SAFETY-AWARENESS assault, and misconduct.
Project Safe serves as a central resource for those EDUCATION affected by intimate partner violence and can assist with navigating the University’s complaint process and resource and support network (including the Victims and survivors of crime at University Counseling Center, Student Health, the Equal Opportunity and Access Office, the Title Vanderbilt can expect to receive IX Office, and the Vanderbilt University Police compassion and support from a variety Department) as well as external support and law enforcement resources. Visit vanderbilt.edu/ of resources on campus. projectsafe.
RESOURCES AND CRIME PREVENTION AND SAFETY-AWARENESS EDUCATION 43 TITLE IX OFFICE population. Additionally, the UCC has a team of concerns, and divorce; alcohol and substance providers focused on supporting students coping abuse; critical incident stress management; and Vanderbilt’s Title IX Office, which operates within the with the psychological effects of sexual assault or career concerns, management consultation, and Office of Equal Access, oversees the implementation other types of traumatic events—all services are performance coaching. Besides the EAP for staff, and administration of the Formal Grievance Protocol confidential. there are two other specialty programs to serve the and Sexual Misconduct Policy, and provides unique needs of the faculty, physicians, postdoctoral education and training on the policies and sexual Individuals experiencing acute trauma may access students, and nurses. Services are provided for misconduct prevention. The office also coordinates services by requesting an appointment with a Vanderbilt University and Vanderbilt University supportive measures for anyone involved in a member of the Urgent Care Team. This team Medical Center. Services are provided face-to-face sexual misconduct incident, as well as alternative provides brief psychological care for students or through the ConnectCARE TeleHealth option. For methods of resolution of formal complaints of sexual subsequent to exposure to a traumatic event. This more information visit vumc.org/health-wellness/ misconduct. The office consists of the Director and care focuses on supportive and targeted skills-based work-life or contact EAP at (615) 936-1327. Title IX Coordinator; the Assistant Director; the interventions, which can lead to an increase in an Supportive Measures/Informal Resolution Manager; individual’s coping, resilience, and quality of life. For Faculty and Physician and two Investigators. See vanderbilt.edu/title-ix/ information about an immediate crisis please visit Wellness Program or contact the office at (615) 343-9004 or by email at vanderbilt.edu/ucc. [email protected]. The Faculty and Physician Wellness Program is The UCC also provides individual therapy and available to provide psychological support to the The Sexual Misconduct Policy and the Formal consultation to guide students in managing the Vanderbilt faculty of all ten University schools as well Grievance Protocol (see sections 6 and 7 above) impact of intimate partner violence on survivors. as house staff and spouses. outline the procedures that apply to allegations of Additionally, the UCC has a variety of groups and sexual misconduct, including sexual harassment, workshops designed to help students explore their Nurse Wellness Program dating violence, domestic violence, stalking, and identities, stressors, and relationships. If students The components of the Nurse Wellness Program sexual assault, involving members of the Vanderbilt are new to the UCC, they need to contact the Office include counseling, workplace outreach, and the community. They apply to all members of the of Student Care Coordination (OSCC) at vanderbilt. promotion of wellness activities. The Nurse Wellness Vanderbilt community and cover conduct that occurs edu/carecoordination to schedule their first Program is available to our Vanderbilt nurses on campus and conduct that occurs off-campus appointment. If they are returning students, they including registered nurses, advanced practice that has an on-campus effect, including conduct in may call the UCC at (615) 322-2571 to schedule a nurses, graduate nurses, and licensed practical connection with university programs or activities or consultation. In the aftermath of a traumatic event, nurses, and their spouses. Nurses who are on faculty that otherwise interferes with or limits the ability of students should ask for an appointment with an would be served by the Faculty and Physician a member of the community to participate in or to Urgent Care team member. receive benefits, services, or opportunities from the Wellness Program. University’s programs or activities. WORK/LIFE CONNECTIONS— Postdoc Wellness Program EMPLOYEE ASSISTANCE The Postdoc Wellness Program of Work/Life UNIVERSITY COUNSELING PROGRAM (EAP) Connections-EAP was created for Vanderbilt CENTER (UCC) postdoctoral students to promote psychological Vanderbilt’s EAP provides confidential psychological The UCC provides mental health services to resilience and support personal and professional well- support and counseling services for Vanderbilt being. The program strives to empower all postdocs Vanderbilt undergraduate, graduate, and staff and their spouses. Support and assistance are professional students, regardless of insurance as they develop their strengths, refine their skills, and available for domestic violence; stress and emotional establish their professional identities. status. The staff of therapists and medical providers challenges; depression, grief, and loss; family specializes in mental health care of the University and marital conflicts, relationships, interpersonal
RESOURCES AND CRIME PREVENTION AND SAFETY-AWARENESS EDUCATION 44 ZERFOSS STUDENT HEALTH CENTER OFFICE OF STUDENT Students can use the Student Health provides primary health care services ACCOUNTABILITY, COMMUNITY VandySafe app to check to Vanderbilt undergraduate and graduate students, STANDARDS, AND ACADEMIC route information or to regardless of insurance coverage. Student Health is INTEGRITY request a walking escort. staffed by physicians and nurse practitioners who specialize in college health and are attuned to the The Office of Student Accountability promotes good unique health care needs of a student population. citizenship in the Vanderbilt community through education. The office has jurisdiction over all persons Student Health staff are trained to take care of sexual EOA provides reasonable accommodations to assault, domestic or partnership violence, and enrolled in or taking courses—including those that involve, in whole or in part, online learning—at the qualified faculty and staff with disabilities, including harassment victims in clinic on a confidential basis. any disabilities resulting from criminal activity. All staff are required to attend 30 (nurses and nurse University, or participating in programs and activities of the University as students, even if not registered Similarly, Student Access Services, also within practitioners) or 50 (physicians) hours of continuing the Office of Equal Access, provides reasonable education classes annually; sexual violence-related primarily at Vanderbilt, students on official leaves from the University, and student organizations. accommodations to qualified students with topics are included in this education approximately disabilities. one to three times per year. These classes address The Office of Student Accountability has original not only the medical aspects of sexual assault (e.g., jurisdiction in all cases of nonacademic misconduct, proper treatment for sexually-transmitted diseases), excluding sexual misconduct and discrimination cases, involving undergraduate, graduate, and BYSTANDER INTERVENTION but also related psychological and social issues (e.g., TRAINING panic attacks, date rape). Several staff members professional students. For more information also attend the annual conferences of the American visit vanderbilt.edu/studentaccountability, The Project Safe Center offers bystander intervention College Health Association and the Southern College contact the office at (615) 322-7868 or by email training, an awareness-raising and skill-building Health Association, both of which include educational [email protected]. program designed to reduce and prevent intimate programs on sexual violence and harassment. partner violence, including stalking, sexual assault, and dating and domestic violence. This training The care provided by Student Health is multifaceted EQUAL OPPORTUNITY AND ACCESS provides strategies for bystanders to become and includes, free of charge, an office visit with a Equal Opportunity and Access, which operates within part of the solution through focusing on their clinician, pregnancy testing, HIV and STD testing and the Office of Equal Access, provides a range of services role in violence prevention. Visit vanderbilt.edu/ treatment, and referrals to other campus partners, that support Vanderbilt’s commitment to fairness, projectsafe to learn more. including the University Counseling Center and the equity, access and respect including conducting Project Safe Center. In addition, if a student seeks unbiased reviews of discrimination and harassment treatment for an injury or STD or pregnancy testing complaints. EOA services also include: monitoring AFTER-HOURS TRANSPORTATION that could be related to violence in a relationship, the University’s compliance with applicable equal AND WALKING SAFETY ESCORTS the health care professional who treats the student opportunity and affirmative action laws and VandyRide provides one-on-one counseling and education as regulations; advocating for equal opportunity and appropriate for that student. affirmative action for all persons; encouraging and The VandyRide shuttle bus system, administered by promoting the recruitment and retention of qualified Vanderbilt University Public Safety, operates during The Student Health Center can also perform the people from diverse backgrounds; and providing the academic year while students are present on Medical Legal Exam for the collection of evidence if a religious accommodations. EOA also provides campus. The hours of operation are 6:00 p.m. to student wishes to pursue legal avenues after a sexual education and training about EEO/AA, discrimination, 1:00 a.m., seven days a week, at marked designated assault. harassment, diversity, disabilities, harassment and pick-up and drop-off points on campus. Students sexual misconduct. can check the location and seating availability of VandyRide using their computers or smartphones,
RESOURCES AND CRIME PREVENTION AND SAFETY-AWARENESS EDUCATION 45 and they can set up text message alerts to let them CRIME PREVENTION AND SAFETY- EDUCATION AND PREVENTION know when the VandyRide will be arriving at their stop. To access VandyRide, students can download AWARENESS EDUCATION RELATING TO SEXUAL ASSAULT, the VandySafe app to their smartphone through the Crime prevention and personal safety-awareness DATING AND DOMESTIC VIOLENCE, Apple and Google Play stores. Once inside the app, programs are available from several resources AND STALKING at Vanderbilt. The following departments and students can select “route” in the drop-down menu Vanderbilt provides numerous programs that address organizations sponsor prevention services and in the upper left-hand corner and select all routes sexual misconduct, which includes sexual assault, provide advice and educational programs. Many of to see the routes on the map. Students can also dating and domestic violence, and stalking, including these programs are described in greater detail below: request a walking escort from the VandyRide stop or the intersection of alcohol and drug use with sexual • Vanderbilt University Police Department through the VandySafe app to their final destination. violence. A number of individual departments and • Project Safe Center for Sexual Misconduct Additional information about VandyRide and routes is offices, including the Title IX Office, the Project Safe Prevention and Response available online at vandyvan.doublemap.com/map. Center, VUPD, the Center for Student Wellbeing, the • Title IX Office Additional information about VandyRide and other Office of Housing and Residential Experience, and • Office of Housing and Residential Experience transportation options can be found at vanderbilt. student organizations also provide regular and ongoing • University Counseling Center edu/movevu/transportation-options/. programming. • Work/Life Connections—Employee Assistance VandyRide provides point-to-point service to Program (EAP), including the Faculty and Physician, Vanderbilt provides orientation to incoming students undergraduate students who live within a half-mile Postdoc, and Nurse wellness programs with information intended to prevent all forms of from campus and are registered with the Dean of • Human Resources—Employee Relations sexual misconduct, including sexual assault, dating Students Office. The service provides a free shuttle • Zerfoss Student Health Center and domestic, and stalking. The information comprises ride from a campus VandyRide stop or designated • International Student and Scholar Services definitions and a clear statement that the University ridehail pickup location to their off-campus residence. prohibits such acts. Additionally, training and materials Point-to-point service is one-way and designed to Upon request, VUPD provides talks, information, are provided defining consent, options for bystander deliver students safely to their off-campus residences. and/or programs on: intervention, information for risk reduction, and It is available from 6 p.m. to 1 a.m. seven days per • Rape and sexual assault risk reduction our policies and procedures for responding to these week. To schedule a ride students should contact • Domestic violence education incidents. Ongoing prevention education and awareness VUPD Dispatch at (615) 322-2745. • Personal safety (includes personal self-defense campaigns are offered throughout the year. instruction, and classroom and workplace Walking Safety Escort Service violence topics) Student Programs • Victim assistance and advocacy VUPD provides walking safety escorts for students, All Vanderbilt first-year students participate in • Alcohol and drug awareness/legal consequences faculty, and staff on campus who may feel unsafe. A CommonVU, an orientation that includes advising • Travel safety walking safety escort may be requested by dialing sessions, community-building activities, and academic • Property protection (includes information on (615) 322-2745 or through the VandySafe app on their programming. CommonVU also marks the beginning fraud, identity theft, and larceny) smartphone. of Vanderbilt Visions, the central community-building • Operation ID (a program to register laptops, educational program of the first-year living and learning tablets, and bicycles) VUMC Shuttle Service community, the Martha Rivers Ingram Commons.
Vanderbilt Visions aims to form strong connections and The VUMC Shuttle Service operates to and from the Student organizations and associations routinely support networks among classmates from the various Medical Center, designated Medical Center parking sponsor programs and speakers on personal safety houses that make up The Ingram Commons as a part areas, and Vanderbilt Health at 100 Oaks clinics and awareness. on business days. The VUMC Shuttle Service is not of the process of transitioning first-year students into available on weekends. For VUMC shuttle information, successful college students. Through Vanderbilt Visions, call (615) 936-1215. all first-year students are assigned to one of ninety-two
RESOURCES AND CRIME PREVENTION AND SAFETY-AWARENESS EDUCATION 46 small Visions groups of seventeen to nineteen students, The Project Safe Center provides comprehensive each led by faculty and student VUceptors. year-round violence prevention programming to undergraduate students, graduate and professional Protect your bicycle, laptop, or cell phone Each Vanderbilt Visions group must attend the students, faculty, and staff to raise awareness and help by registering it with VUPD through True Life program during CommonVU. True Life is a prevent sexual harassment, sexual assault, stalking, the Operation ID registration system. student-produced program focusing on experiences and dating and domestic violence. Project Safe offers Registering your property with Operation of Vanderbilt students outside the classroom. True programs on recognizing signs of violence and abuse, ID increases the chances of your property Life covers topics such as personal safety, community risk reduction, bystander intervention, supporting being returned if it is stolen. safety, health, and responsibility, and includes survivors, social media/online privacy and safety, information related to sexual misconduct. Based understanding consent, establishing boundaries, and on the actual experiences of Vanderbilt students, relationship communication. True Life skits are aimed at addressing a variety of dating and domestic violence, and stalking and to issues that new students are likely to confront during Vanderbilt’s bystander intervention program is protect personal safety. VUPD also collaborates their first year, such as alcohol, drugs, and/or sexual coordinated by the Project Safe Center. The Project with various departments on campus to provide violence. After watching the True Life skits, Vanderbilt Safe Center offers several bystander intervention other educational programming relating to sexual first-year students discuss the skits with their trainings to students, faculty, and staff throughout the misconduct, dating and domestic violence, and stalking. Vanderbilt Visions groups. year. During the 2020/2021 academic year, all housing resident advisers, VUceptors, and all new members In addition, the chart in Appendix C provides additional During CommonVU, the first-year students also attend of Interfraternity Council chapters completed at least examples of the type of programs presented during two additional educational sessions, “Vanderbilt three hours of bystander intervention training. In the 2020/2021 academic year to help prevent and raise Addresses Sexual Violence” and “Community of Care: 2020/2021, all Panhellenic sorority women completed awareness of sexual misconduct, dating and domestic Alcohol Awareness and Community Responsibility,” a 1.5-hour program that combined bystander violence, stalking, and other crimes. in which University staff review University policy intervention training with trauma-informed instruction expectations, definitions of consent, sexual assault, on how to constructively support survivors. Faculty and Staff Programs dating violence, domestic violence, and stalking, Vanderbilt’s nondiscrimination policy makes clear information about University reporting procedures, Anyone in the Vanderbilt community may participate in that Vanderbilt is subject to Title IX and other resources to support survivors, bystander intervention bystander intervention training offered by the Project applicable federal nondiscrimination laws and that strategies, social norming, health effects of alcohol and Safe Center staff and members of the University’s the University does not tolerate discrimination. All other drugs, and addiction, as well other health and bystander intervention committee. The Project Safe Vanderbilt employees are informed of the University’s wellness issues and resources. Center also offers dating violence awareness and nondiscrimination policy, which also is included in prevention programs, which educate participants on the Vanderbilt University Standards of Conduct and All new undergraduate students (first-years and the prevalence and warning signs of dating violence the Faculty Manual. Policies are discussed during new transfers) must also complete the following modules: and how to support someone who may be involved in employee orientation and the new employees are Preventing Sexual Assault, AlcoholEdu, Protecting an unhealthy relationship. informed of their responsibility to know the policies. Youth, and Diversity, Equity, and Inclusion for Students. New faculty orientation also includes information Vanderbilt also requires incoming graduate and Vanderbilt University Police Department typically regarding sexual misconduct policies, resources, and professional students to complete a version of offers the Rape Aggression Defense System or R.A.D. mandatory reporting responsibilities. the Preventing Sexual Assault module. Preventing self-defense training 6 months a year (September, Sexual Assault is an interactive online module that November, February, April, June, and July). Information Vanderbilt ensures that faculty and staff also have educates students about the types of intimate partner on R.A.D. self-defense training can be found at police. access to relevant trainings and materials about violence, prevention strategies, including bystander vanderbilt.edu/services/radselfdefense.php. VUPD the various resources available for students relating intervention, and relevant laws, policies, warning signs, also provides programming on healthy relationships to sexual misconduct issues. For example, Project and campus resources. to reduce or prevent the occurrence of sexual assault, Safe distributes laminated contact cards as a quick
RESOURCES AND CRIME PREVENTION AND SAFETY-AWARENESS EDUCATION 47 reference in case a student asks for help. Furthermore, Vanderbilt’s Student Care Network maintains an Blue light phones are located around campus and have a direct line to VUPD’s online reference guide for faculty and staff on assisting Dispatch Center. students of concern, which highlights signals of distress, explains how to intervene and make referrals, lists The VandySafe app on your smartphone allows users to: available resources for students, and provides online • Contact VUPD via phone call or chat training modules, including the interactive Kognito • Activate a mobile Bluelight that shares your location instantly with VUPD At-Risk program. Training for faculty and staff also • Initiate a “Virtual Walkhome” where VUPD can monitor your walk home, focuses on increasing awareness about Title IX reporting to the car, or the office obligations and how to provide information regarding • Submit non-emergency reports with text, photos, or videos confidential resources, supportive measures, and the • Assign contacts to monitor your safety at your request complaint process, in the event they receive a report of • Share your location with a friend or VUPD sexual misconduct. • View information about VandyRide • Access support resources, such as Facilities, EAP, and Project Safe Vanderbilt provides numerous programs that address • View emergency guides sexual misconduct and intimate partner violence issues, including the intersection of alcohol and drug use VandySafe can be downloaded from the Apple or Google Play stores. with sexual violence. Vanderbilt’s programs for faculty and staff cover harassment and violence prevention, reporting obligations, bystander intervention training and more. A number of individual departments and violence, and stalking as an essential part of new Vanderbilt has developed an orientation training offices, including the Title IX Office, the Project Safe faculty and staff orientation. module for new staff members. The orientation Center, and VUPD, provide regular and ongoing • The Student Care Network maintains an online training and materials for new employees contain programming on these important issues. See the section reference guide for faculty and staff on assisting definitions for sexual assault, consent, domestic above on “Student Programs” for more information. students of concern. violence, dating violence, and stalking, as well as • The Project Safe Center and the Student Care University policies and procedures for responding to Vanderbilt also provides regular and ongoing training Network facilitate training on responding to these incidents, and also contain a clear statement to faculty and staff, including the Provost, the deans of students in distress. that the University prohibits such acts. Additionally, the various schools, and Human Resources: • The University provides training for managers the University offers programs on bystander • The University provides training on and supervisors with hiring responsibilities on intervention and offers information on risk reduction. nondiscrimination laws and policies, including subjects including discrimination, harassment, those covering sexual assault, dating and domestic and retaliation. The Title IX coordinator, the Title IX Office staff, the • The Title IX Office provides in-person training Equal Opportunity and Access Office Director and regarding Title IX, sexual misconduct, and staff, the director of Student Accountability, and reporting obligations. the Project Safe Center staff are trained at least In addition, the chart in Appendix C provides • The Title IX Office, the Office of Student annually, and on an ongoing basis, on issues related additional examples of the type of programs Accountability, Community Standards, and Academic to sexual harassment, sexual assault, dating and presented during the 2020/2021 academic Integrity (Student Accountability) and the Project domestic violence, and stalking, and in conducting investigations. University law enforcement personnel, year to help prevent and raise awareness Safe Center also provide other training to faculty, staff, and students on sexual assault, dating and mandatory reporters, and others involved in of sexual misconduct, dating and domestic responding to sexual misconduct cases receive violence, stalking, and other crimes. domestic violence, and stalking and the University’s policies that address these issues. training as well.
RESOURCES AND CRIME PREVENTION AND SAFETY-AWARENESS EDUCATION 48 Risk Reduction situation, go with your gut. If you see something suspicious, contact law enforcement immediately The victim is not to blame for criminal behavior. The (local authorities can be reached by calling 911 in If you suspect you or a friend has been following are offered only as potential strategies to most areas of the U.S.). drugged, contact law enforcement or reduce one’s risk of harm: • Don’t leave your drink unattended while medical assistance immediately (local • Be aware of your surroundings. Knowing where talking, dancing, using the restroom, or making authorities can be reached by calling you are and who is around you may help you to a phone call. If you’ve left your drink alone, just 911 in most areas of the U.S.). Be explicit find a way to get out of a bad situation. get a new one. with doctors so they can administer the • Try to avoid dark or isolated areas. It is more • Don’t accept drinks from people you don’t know correct tests (a urine or blood test may difficult to get help if no one is around. or trust. If you choose to accept a drink, go with • Familiarize yourself with the blue light emergency be necessary). the person to the bar to order it, watch it being phone locations around campus. poured, and carry it yourself. • Walk with confidence and purpose. Even if you • At parties, don’t drink from the punch bowls or don’t know where you are going, act like you do. other large, common open containers. an act of violence or a situation posing the risk of • Walk and jog in groups. • Watch out for your friends, and vice versa. If a violence and who may be in a position to intervene • Trust your instincts. If a situation or location feels friend seems out of it, is way too intoxicated for the in an effective manner to preserve the health and unsafe or uncomfortable, it probably isn’t the best amount of alcohol they’ve had, or is acting out of safety of all those involved. Vanderbilt University place to be. character, get them to a safe place immediately. strives to promote a culture of care and community • Know that you do not have to stop to talk to • Have a code word to use with your friends or accountability in which bystanders are actively strangers. family, so that if you don’t feel comfortable you engaged in the prevention of violence without • If you are being followed, go to the nearest area can call them and communicate your discomfort causing further harm. of safety. without the person you are with knowing. Your • Try not to load yourself down with packages Bystanders may not always know what to do even friends or family can then come to get you or make or bags, as this can make you appear more if they want to help. Information regarding safe and up an excuse for you to leave. vulnerable. appropriate bystander intervention may be found • If you and/or the other person have been drinking, • Make sure your cell phone is with you and charged on the Vanderbilt University Project Safe Center you can say that you would rather wait until you and that you have cab money. website: vanderbilt.edu/projectsafe. Vanderbilt both have your full judgment before engaging in • Don’t allow yourself to be isolated with someone University uses a bystander intervention program sexual activity. you don’t trust or someone you don’t know. coordinated by the Project Safe Center. Anyone • Be true to yourself. You should not feel obligated • Avoid using music headphones in both ears so in the Vanderbilt community may participate in to do anything that you do not want to do. “I that you can be more aware of your surroundings, bystander intervention training offered by the don’t want to” is always a good enough reason. especially if you are walking alone. Project Safe Center staff. Only do what feels right to you and what you are • When you attend social gatherings, go with a group comfortable with. of friends. Arrive together, check in with each A Vanderbilt community member may be an active • Download the VandySafe application to your other throughout the evening, and leave together. bystander by: smartphone. Additional information can be found Knowing where you are and who is around you • Participating in a bystander intervention training regarding this resource at police.vanderbilt.edu/ may help you to find a way out of a bad situation. in order to learn more about how to recognize services/vandysafe.php. • If you can’t find traveling companions, use the high-risk situations and learn how to safely and escort service on campus, no matter how short the appropriately intervene as a bystander. distance, and advise a friend or roommate of your How to Be an Active Bystander • Watching out for friends, employees, colleagues, destination and when you plan to return. and students, and when observing a situation Bystanders may play a critical role in the prevention • Trust your instincts. If you feel unsafe in any that could be high-risk or seeing a person who of violence. Bystanders are individuals who witness
RESOURCES AND CRIME PREVENTION AND SAFETY-AWARENESS EDUCATION 49 may need assistance, asking if they are okay. If the situation would put your personal safety at risk, delegate to law enforcement or other security personnel. • Speaking up and voicing disagreement when overhearing someone’s plans to take sexual advantage of another person. • Being a sympathetic listener if someone discloses that they have experienced any form of intimate partner violence, advising them if you have reporting obligations required by law and/or University policy, and helping to connect them with support resources. A one-page informational sheet of the University’s reporting options and on-campus resources may be found on the Project Safe Center website. • If it seems safe, consider confronting a person directly when they are observed attempting to isolate another person who is intoxicated or may be resisting romantic or sexual advances. Examples of this technique would be to say to the couple, “We are finding their friends, and they will take them home.” Or to say to the intoxicated person, “I am not letting a stranger take you home.” Or to say to the other party, “Hey, don’t take her/him/them upstairs; they’re too drunk.” • If you are not comfortable directly confronting a person, distraction techniques may be effective to interrupt the flow of potential or escalating • When a bystander doesn’t feel safe to approach violence. Once the bystander identifies a high- the situation alone, they can involve others. An risk situation, they act to distract either party. example of this would be to say to one’s friends, Some examples would be to ask one of the “I am concerned for that person. Can you find people to help you find a lost item, interrupt to their friends and get them to check on the ask for directions, spill a drink, or start talking to situation, while I stay here and watch?” Another the couple and don’t leave, so the victim does way would be to delegate by recruiting someone not become isolated. An easy technique for with some authority to intervene. You could ask women bystanders is to invite another woman a bouncer or manager at a bar to look into the who is at risk for harassment or violence to go to situation. You could also ask the host of a party the bathroom with her. Once she is away from to intervene. For example, “I am worried for that the other person, check in and ask if she is afraid person who is so drunk. Could you let that person or needs help. with them know that upstairs is off limits?”
RESOURCES AND CRIME PREVENTION AND SAFETY-AWARENESS EDUCATION 50 SECTION RESIDENCE HALLS The Office of Housing and Residential Experience works closely with the Vanderbilt University Police Department, Plant Operations, Buildings and Grounds, Campus Planning, and other departments to maintain and enhance the physical security of the residence halls. Throughout the academic year, the office sponsors educational programming for residents about residence hall security and safety. Student housing for undergraduates consists of single, double, and triple rooms, apartments, suites, and lodges. First-year students are housed at The Martha Rivers Ingram Commons, separate from other students.
The residence hall system is divided into seven Campus and Medical Center administrative areas. Each area consists of a cluster of residence halls and has a central information 9 desk. Branscomb Hall information desk is staffed 24 hours a day, seven days a week, during the PHYSICAL SECURITY academic year (including breaks). Hank Ingram House information desk is staffed 24 hours a day, seven days a week, during the academic year, but ADMINISTRATIVE AND is closed during breaks. Each of the areas have CLASSROOM FACILITIES desks operating from 8:00 a.m. until midnight. Information desk staff respond to a variety of The building manager for each building or the situations and have been trained in University department administrator for each department is resources, customer service skills, and the responsible for physical security and determining access operation of door and fire alarm panels. rights and hours. They may coordinate with VUPD to conduct security assessments and patrols of their Allied Universal personnel provide additional facilities. In general, classroom buildings are locked after security in the residence halls. All residence halls the last class in the building ends, and administrative (except Chaffin and Mayfield) have Allied Universal buildings are locked after normal business hours. personnel at the main entrance from 8:00 p.m. until 6:00 a.m., seven days a week, throughout the academic year (including breaks), and in the MEDICAL CENTER FACILITIES residence halls used during the summer. Allied After-hours access to any Vanderbilt University Medical Universal personnel check to ensure anyone who Center building is restricted to designated points. enters has a Vanderbilt identification card. In Secured areas, such as the Emergency Department, addition, they log the names of guests who enter require security screening before gaining access. the residence halls when guests are permitted
CAMPUS AND MEDICAL CENTER PHYSICAL SECURITY 51 and conduct rounds through the interiors of the Residence halls are closed during breaks. Traditionally, COMMODORE CARDS residence halls. Mayfield and Chaffin are garden students who need housing over breaks may register style apartments without a single-entry point, so, for housing and will be permitted to remain in their All students, faculty, and staff members at during those same hours, Allied Universal patrols halls. Vanderbilt University are issued Commodore Cards. the exterior of those apartments. In addition, all The Commodore Card is also available on iPhone residential areas have VUPD Community Service Vanderbilt University traditionally does not operate and Apple Watch. All faculty and staff must be active Officers monitoring the exterior areas. off-campus housing nor does the University recognize in Human Resources before receiving a card. A valid any student organizations that own or control off- photo ID (e.g., a driver’s license) is also required. Professional staff members share in a weekly duty campus property; however, many graduate students Cards may be used to gain access to certain rotation with at least three on duty 24/7 joined by and undergraduate students live in neighborhoods locations and may be used to make purchases from paraprofessional staff support on the weekends surrounding Vanderbilt. In an effort to de-densify University facilities. when class is in session. All residence halls are campus during the COVID-19 pandemic, the Office equipped with smoke detectors and sprinkler of Housing & Residential Experience is managing Lost or stolen Commodore Cards should be reported systems. All residence halls are accessed via housing at the Village at Vanderbilt apartments immediately to the Commodore Card Office by electronic key card. Electronic access is restricted to adjacent to campus. telephone at (615) 322-2273 during regular business residents or authorized users of a residential area or hours. Card Holders may also report lost or found building at all times. In some buildings, combination cards online at vanderbilt.edu/cardservices. If a locks or electronic access devices further restrict MAINTENANCE OF student loses their card when the Commodore Card access to corridors. Solicitation in halls is prohibited CAMPUS FACILITIES Office is closed, the student may get a temporary without authorization. access card valid for their campus residence at the Facilities and landscaping are maintained in Branscomb Reeves Desk. Any stolen card should also a manner that minimizes unsafe conditions. Cameras have been installed at all entry/exit points be reported immediately to the Vanderbilt University VUPD regularly patrols the campus and reports and in common areas. Most residence hall exit doors Police Department. malfunctioning lights and other unsafe physical will trigger an audible alarm if they are opened conditions to the appropriate department for during darkness. Keys to individual student rooms correction. VUPD conducts an annual Safety and are unmarked to prevent unauthorized use in case OTHER PHYSICAL Security Walk. Students, staff, and members of they are lost. All operable windows have securing SECURITY MEASURES Student Housing, VU Facilities (Plant Operations and mechanisms. Campus Planning) are invited to participate. These Security cameras are in place at various locations around the Vanderbilt campus. VUPS works with Requests for routine maintenance should be tours assess popular pedestrian travel routes on University departments to determine locations and submitted through the Student Housing Portal at campus and identify areas where additional lighting coordinate monitoring upon request. Recorded . Emergency maintenance or physical improvements may enhance the overall vanderbilt.edu/ohare images may be used by law enforcement and/or issues should be reported to the resident adviser on safety and security of the area. University officials as evidence in criminal and/or duty via the duty cell phone. Members of the Vanderbilt community are encouraged University investigations. Exterior doors that have been propped open should to report potentially unsafe or hazardous conditions to be closed and reported immediately to the resident VUPD, VU Facilities, or VUMC Facilities Maintenance at adviser or, during normal business hours, to the area any time throughout the year: maintenance supervisor or front desk staff. • VUPD at (615) 322-2745 or online at police. vanderbilt.edu/services/lightingform.php Tampering with or disabling security devices and • VU Facilities at (615) 343-9675 or online at smoke detectors may lead to disciplinary action. vanderbilt.edu/plantops/servicerequest.php • VUMC Facilities Maintenance at (615) 343-4443
CAMPUS AND MEDICAL CENTER PHYSICAL SECURITY 52 The purpose of University policies, and the purpose of articulating them in great detail, is to enable students to make informed and, it is hoped, intelligent choices, as well as to enable them to understand the consequences of making unhealthy choices. In compliance with the federal Drug-Free Schools and Campuses regulations, Vanderbilt SECTION has adopted a policy that includes the expectation that students will comply with federal, state, and local laws, including those relating to alcoholic beverages, narcotics, and other drugs. All Vanderbilt employees are subject to the University’s Drugs and Alcohol Policy.
All first-year and transfer students are required to complete AlcoholEdu, an online course on alcohol and other drugs. In addition, the Community of Care: Alcohol Awareness & Community Responsibility Commons Module is a presentation given to all incoming first-year and transfer students. The Center for Student Wellbeing provides resources and support for students seeking information or assistance regarding alcohol or other drug misuse. For more information, see: vanderbilt.edu/ healthydores and vanderbilt.edu/recoverysupport/. ALCOHOL AND OTHER Information regarding education, treatment, and 10 support regarding alcohol or other drug use is available to faculty and staff through the Employee DRUGS ON CAMPUS Assistance Program at healthandwellness. vanderbilt.edu/work-life/eap. Vanderbilt University is deeply The Center for Student Wellbeing also provides education programming in the residence halls and concerned about the health and to student organizations, as well as education and information for parents during orientation. It also welfare of its students, faculty, and staff. sponsors weekly support meetings for Vanderbilt University policies and regulations in students in recovery from substance use disorders. The Center conducts Host Responsibility Training, general—and alcohol and other drugs which prepares hosts to have safe and successful policies in particular—reflect that events through the discussion of Tennessee State Law, Vanderbilt Policy, and DUI prevention concern. strategies. All student organizations hosting events
ALCOHOL AND OTHER DRUGS ON CAMPUS 53 at which alcohol will be present are required to of University policy is an educational conference for or expulsion from University housing pending the complete this training. the first offense. The completion of an appropriate findings of accountability proceedings. Students assessment will also be required. found to have distributed drugs to others may The University prohibits the unlawful possession, also be held responsible for personal injuries or use, sale, distribution, or facilitation of the The presumptive sanction for first-offense property damages resulting from misconduct distribution of alcohol and other drugs by intoxication is disciplinary probation. Standard committed by the students under the influence of students, faculty, and staff, on its property, or as indicators of drinking to the level of intoxication the distributed substances. part of any University-sponsored activity. The may include lack of balance, loss of coordination, prohibition extends to off-campus activities that confusion, slurred speech, bloodshot eyes, odor of The presumptive sanction for a third violation of are officially sponsored by Vanderbilt, its schools, intoxicant, etc. alcohol or other drugs policies is suspension. departments, or organizations. In addition, the prohibition extends to off-campus professional or The minimum sanction for driving under the Violations involving behavior that injures organizational activities, including attendance at influence of alcohol or other drugs is disciplinary persons, that damages property, or that injures or conferences, when participation is sponsored by probation and may include loss of campus driving damages the community at large, will increase the the University, or when the participating student, and parking privileges. presumptive strength of the sanction given. faculty member, or staff member is representing Unlawful provision, distribution, or sale of alcohol Sanctions may be accompanied by an the University. Finally, the prohibition extends to by a student in violation of University policy will accountability action plan to help students “private” events off campus where the University result in serious disciplinary action, which may and organizations understand the potential may have an interest (e.g., if a student were to include suspension or expulsion for the first offense, consequences of policy violations and improve provide alcohol to underage students at an off- and may also result in criminal prosecution. The decision-making. campus location). presumptive sanction for a student who illegally Such enhancements may include the following: In addition, the improper use of prescription drugs distributes alcohol to an underage student will be • Alcohol Use Disorders Identification Test is a serious problem on college campuses. For disciplinary probation for the first offense. Persons (AUDIT); this reason, it is a violation of University policy for who unlawfully furnish alcoholic beverages to • Cannabis Use Disorders Identification Test a student to be in possession of, or use, another students who are not of legal drinking age may also (CUDIT); person’s prescription medication or for a student be held responsible for personal injuries or property • Evaluation through Brief Alcohol Screening and to distribute medications to one person that have damages resulting from misconduct committed by Intervention for College Students (BASICS) or been prescribed for another. underage, intoxicated students. extensive clinical assessment by a counselor; To underscore the seriousness with which it takes Distribution or facilitation of distribution of • Individual coaching session for harm reduction the issue of health and welfare of its constituent illegal drugs (including unlawful distribution support populations, the University will impose sanctions of prescription medication) may result in • Participation in an individualized treatment plan on students, faculty, and staff—up to and including suspension or expulsion for a first offense; to address substance use and/or co-occurring expulsion or termination of employment, and unlawful distribution includes incidents in mental health disorders when indicated by the possible referral for prosecution—for violation of which no money is exchanged. In addition, the results of the evaluation; the alcohol and other drugs policy. Conditions of possession of controlled substances or alcohol • Required attendance at alcohol or other drug continued employment or enrollment may include the in such quantities as to create a presumption of education seminars; completion of an appropriate rehabilitation program possession with the intent to distribute on or off • Implementation of an alcohol or other drug and/or active participation in a recovery program. campus is a serious violation that may result in educational program for peers; immediate suspension or expulsion. Evidence • Completion of educational programs or The minimum sanction for simple purchase, that a student has distributed drugs is grounds online tutorials; possession, or consumption of alcohol in violation for interim suspension from the University and/ • Drug testing;
ALCOHOL AND OTHER DRUGS ON CAMPUS 54 • Research or reflection essays; The University will impose disciplinary sanctions program. Faculty and staff should refer to the • Restitution; or on faculty and staff, up to and including Faculty Manual, the Human Resources Policies and • Letters of apology. termination of employment and referral for Procedures website (including but not limited to prosecution, for violation of alcohol and drug laws. the Progressive Discipline policy), the Vanderbilt Tennessee alcohol and other drug laws, including Conditions of continued employment may include University Alcohol and Drug Use Policy, and any penalties for violations, are detailed in the Student the completion of an appropriate rehabilitation applicable union contract. Handbook. Additional resources can be found at vanderbilt.edu/student_handbook/alcoholic- beverage-and-controlled-substances-policies.
With respect to employees, the Vanderbilt Drugs and Alcohol Policy requires faculty and staff to comply with all federal, state and local laws relating to alcoholic beverages, narcotics and other drugs. The University prohibits the unlawful possession, use or distribution of alcohol and illicit drugs by faculty and staff on its property or as part of any University-sponsored activity. The prohibition extends to off-campus activities that are officially sponsored by Vanderbilt, its schools, departments or organizations. In addition, the prohibition extends to off-campus professional or organizational activities, including attendance at conferences, when participation is sponsored by the University, or when the participant is representing the University. Finally, the prohibition extends to “private” events off-campus where the University may have an interest.
For more information regarding legal sanctions, the health risks, and on-campus resources for employees seeking help for alcohol or drug abuse, see the Drugs and Alcohol Policy at hr.vanderbilt. edu/policies/drug-alcohol.php. The Employee Assistance Program offers a range of services, including voluntary and confidential professional services and the Faculty and Physician Wellness Program (FPWP) and the Nurse Wellness Program, to assist faculty and staff with personal problems, such as alcohol and drug abuse. Faculty and staff may contact the Employee Assistance program at (615) 936-1327.
ALCOHOL AND OTHER DRUGS ON CAMPUS 55 The University does not permit storage of any firearms or archery equipment, even for the purposes for recreational sporting/hunting, inside residential facilities or any other building on campus. Students with weapons for lawful purposes can store them for safekeeping at the Vanderbilt University Police Department located at 2800 Vanderbilt Place. For complete information, including the required forms, visit police.vanderbilt.edu.
SECTION
11WEAPONS Due to restrictions under Tennessee law, as well as additional restrictions set by University policy, anyone other than commissioned law enforcement officers are prohibited from carrying weapons on campus.
WEAPONS 56 SECTION terminate employment will be made in consultation with appropriate representatives from central Human Resources.
Employees must report a criminal arrest or conviction through a Conflict of Interest disclosure (admin.app. vanderbilt.edu/coi/) within three business days of the arrest or conviction.
A review of any criminal activity and disclosure will be conducted prior to any action being taken. The review will include, but not be limited to, an assessment of the underlying conduct, the nature and gravity of the offense or conduct, when the incident occurred (whether it occurred many years ago or within the last few years), and the nature of the position. CRIMINAL CONVICTIONS SEXUAL 12 OFFENDER REGISTRATION Being convicted of a crime outside the The Tennessee Bureau of Investigation (TBI) workplace may render a staff member maintains the state’s unsuitable for continued employment Sex Offender Registry, a central information and at the University. Vanderbilt reserves registration system of the right to terminate employment if an sexual offenders located in Tennessee. individual is convicted of a crime, even Information concerning registered sexual offenders if the crime did not occur on Vanderbilt can be obtained from the Sex Offender Registry by time or premises. calling the hotline at (888) 837-4170 between 7:00 a.m. and 8:30 p.m. CDT, Monday through Friday, or on Misconduct that involves dishonesty, violation of the the weekends between 7:00 a.m. and 5:30 p.m. CDT law, significant risks to Vanderbilt operations, or the (excluding holidays), or by email at TBISORMGR@ safety and well-being of oneself or others may be tn.gov. A search of the Sex Offender Registry can grounds for immediate termination of employment, be found by visiting the TBI website at tn.gov/tbi/ whether it results in criminal prosecution or general-information/redirect-tennessee-sex- conviction. However, the facts and circumstances offender-registry-search/sex-offender-registry- of each case will determine what action, up to and search.html. including termination, is appropriate. Decisions to
CRIMINAL CONVICTIONS 57 SECTION VANDERBILT UNIVERSITY POLICE DEPARTMENT • Emergency (615) 421-1911 or 911 (all medical, fire, life/safety issues) • Non-emergency (615) 322-2745 • Community Relations (615) 322-2745 • Walking Escorts (615) 322-2745 • Lost and Found (615) 343-5371
MEDICAL • VUMC Emergency Room REFERENCE (615) 936-8883 • Student Health 13 (615) 322-2427 (for student non-emergency illness and injury) PHONE NUMBERS • Occupational Health Clinic (615) 936-0955 (work-related injuries or exposures) ON-CAMPUS RESOURCES • Poison Center Hotline When dialing from an on-campus phone, use the last (800) 222-1222 five digits in the phone number. Remember to dial area code (615) when using a cell phone. SAFETY HAZARDS • Campus Safety Officer (615) 566-9158 (615) 322-2045 after hours • VU Facilities (615) 343-9675 (request for services, 24 hours) • VUMC Facilities Maintenance (615) 322-2041 (request for repairs, 24 hours) • Vanderbilt Information Technology (615) 343-3999
REFERENCE PHONE NUMBERS 58 COUNSELING/SUPPORT/ • Title IX Office • MNPD Domestic Violence Division INFORMATION (615) 322-9004 (615) 880-3000 (student issues involving sexual harassment, • MNPD Victim Intervention • University Counseling Center sexual assault, dating and domestic violence, (615) 862-7773 (615) 322-2571 and stalking) • District Attorney’s Office Victim/Witness Division (counseling services and referrals for students) • Equal Opportunity and Access (615) 862-5500 • Work/Life Connections—EAP (615) 343-9336 (legal process questions) (615) 936-1327 (faculty/staff issues involving discrimination, • Family and Children’s Service Crisis Line (counseling, referrals, violence in the harassment, equal access, disabilities, and (615) 244-7444 workplace issues) affirmative action) (24-hour assistance) • Faculty and Physician Wellness Program • Student Access Services • Sexual Assault Center of Nashville, (615) 936-1327 (615) 322-9727 Crisis and Support Line (counseling, referrals, violence in the (issues involving equal opportunity in 866-811-RISE (7473) (24-hour assistance) workplace issues) employment, public accommodations, • YWCA Domestic Violence Center, • Nurse Wellness Program transportation, state and local government Crisis and Information Line (615) 936-1327 services, and telecommunications for individuals (800) 799-SAFE (7233) (counseling, referrals, violence in the with disabilities pertaining to students) (24-hour assistance) workplace issues) • Center for Student Wellbeing PARKING AND VUMC SHUTTLES (615) 322-0480 • Project Safe Center for Sexual Misconduct • University Parking and Transportation Prevention and Response (615) 322-2554 (615) 322-SAFE (7233) • VUMC Parking Office (24-hour support hotline) (615) 936-1215 (Option 3) (615) 875-0660 • VUMC Shuttle Service (office line for non-urgent matters) (615) 936-1215 (Option 3) • Office of Housing and Residential Experience (615) 322-2591 OFF-CAMPUS RESOURCES (615) 566-1010 On-duty Area Coordinator/ When calling from an on-campus phone, dial “9” Graduate Area Coordinator to get an outside line. (for referrals and support services; after hours, contact an Area Coordinator) • Metropolitan Nashville Police Department (MNPD) • Office of the University Chaplain (615) 862-8600 and Religious Life (“911” call dialed from on campus will be routed (615) 322-2457 through the Vanderbilt University Police Department (available after hours for crisis counseling through dispatcher, who will notify Metro Police, if needed) voice mail forwarding) • Crime Stoppers • University Human Resources/ (615) 742-7463 Employee Service Center (to give an anonymous tip on a crime) (615) 343-4788 • MNPD Sex Crimes Unit (conflict resolution issues between staff members or (615) 862-7540 between staff and supervisors)
REFERENCE PHONE NUMBERS 59 In addition, a chart providing Vanderbilt’s crime statistics reported to the Tennessee Bureau of Investigation’s Crime Statistics Unit is attached as Appendix D. Note that these statistics will differ due to varying federal and state legal definitions of some crimes, as well as different rules regarding the year for SECTION which each incident must be reported. For example, a crime that occurred in December 2019, but was reported in January 2020, would be included in the 2020 federal statistics and the 2019 TBI statistics.
The procedures for preparing the annual disclosure of crime statistics include reporting statistics to the University community obtained from campus officials with significant responsibility for student and campus activities and security. Many sources provide data for the Annual Security Report, including: the Vanderbilt University Police Department, the Metropolitan Nashville Police Department, the Title IX Coordinator, the EOA Director, the Dean of Students, the Director of Student Accountability, the Project Safe Center, the University Compliance Officer, and other faculty and staff campus security authorities. CRIME STATISTICS Crime statistics are reported annually to the Vanderbilt 14 community via this Annual Security Report, published by by Year and Location the Vanderbilt University Police Department. Vanderbilt University then submits the annual crime statistics to the Department of Education. This statistical information The following information provides also is available to the public through the Department of Education website at ope.ed.gov/campussafety/#/. context for the crime statistics reported Students and employees are provided notice on an to the U.S. Department of Education as annual basis of the availability of this report on the part of compliance with the Clery Act. Vanderbilt University website, and a printed version is available by request. Any identifying information about victims of crime, including victims of sexual SPECIFIC INFORMATION ABOUT assault, dating and domestic violence, CLASSIFYING CRIME STATISTICS and stalking, are excluded from these The statistics in this report are published in accordance with the standards and guidelines used by the FBI statistics. Uniform Crime Reporting (UCR) Program and relevant
CRIME STATISTICS BY YEAR AND LOCATION 60 federal law (the Clery Act as amended by the Campus Non-campus is any building or property owned or • Aggravated Assault SaVE Act). controlled by an institution that is used in direct • Burglary support of, or in relation to, the institution’s educational • Motor Vehicle Theft Geography purposes, is frequently used by students, and is not • Arson Statistics must be disclosed if the crime occurred within within the same reasonably contiguous geographic area 2. Hate Crimes are incidents including any of University geography as defined by the Clery Act. The of the institution; or any building or property owned the above-listed Criminal Offenses and any Department of Education describes the categories of or controlled by a student organization that is officially of the following additional offenses that were Clery geography as On Campus, Public Property, and recognized by the institution. motivated by a bias with respect to race, Non-Campus. Clery crimes that occur in residential religion, sexual orientation, gender, gender Public Property includes thoroughfares, streets, identity, ethnicity, national origin, and/or housing are reported as a sub-category within the On sidewalks, and public parking facilities, that is within Campus geography. disability (see explanation below): the campus, or immediately adjacent to and accessible • Larceny/Theft On Campus is described as: from campus. • Simple Assault • Intimidation • any building or property owned or controlled by an Reasonably contiguous refers to a building or property • Destruction/Damage/Vandalism of Property institution within the same reasonably contiguous the institution owns or controls that is in a location the 3. Violence Against Women Act (VAWA) Offenses. geographic area and used by the institution in direct institution and its students consider to be, and treat as, (VAWA also includes sexual assault, which for support of, or in a manner related to, the institution’s part of campus. educational purposes, including residence halls; and reporting purposes is included in the Criminal • any building or property that is within or Clery Act Crimes Offenses category.) reasonably contiguous to the area identified in the • Dating Violence previous bullet of this definition, that is owned by The number of victims involved in a particular • Domestic Violence the institution but controlled by another person, incident is indicated in the statistics column for the • Stalking is frequently used by students, and supports following crime classifications: murder/non-negligent 4. Arrests and Referrals for Disciplinary Action institutional purposes (such as a food or other manslaughter; manslaughter by negligence; sex • Weapons Law Violations—Carrying, retail vendor). offenses, including rape, fondling, incest, and statutory Possession, etc. rape; aggravated assault; domestic violence; dating • Drug Abuse Violations Federal regulations require that Vanderbilt report all violence; and stalking. For example, if an aggravated • Liquor Law Violations crimes that occur on Vanderbilt University Medical assault occurs, and there are three victims, this would Center property that is contiguous to campus, including be counted as three aggravated assaults in the crime If an incident occurs that includes multiple offenses crime that occurs within the Emergency Department, statistics chart. In the crime categories of robbery, from the Criminal Offense category, a hierarchy rule Vanderbilt University Hospital, Monroe Carell Jr. burglary, larceny, vandalism, and arson the number must be used. Only the most serious offense is counted Children’s Hospital, and Vanderbilt Behavioral Health. reflected in the statistics includes one offense per when more than one of the following is committed Those statistics are set forth in a separate chart below. distinct operation. In cases of motor vehicle theft, each during a single incident. The hierarchy rule beginning vehicle stolen is counted separately. with the most serious offense is as follows: The on campus statistics includes a sub-category of 1. Murder and Non-negligent Manslaughter residential housing statistics. A residential housing There are four categories of crime statistics: 2. Manslaughter by Negligence facility is defined as any student housing facility that is 1. Criminal Offenses 3. Sex Offenses (Rape, Fondling, Incest, and Statutory owned or controlled by the institution, or is located on • Murder and Non-negligent Manslaughter Rape) property that is owned or controlled by the institution, • Manslaughter by Negligence 4. Robbery and is within the reasonably contiguous geographic area • Sex Offenses (Rape, Fondling, Incest, and 5. Aggravated Assault that makes up the campus. On Vanderbilt’s campus, this Statutory Rape) 6. Burglary includes any buildings housing Greek organizations in • Robbery 7. Motor Vehicle Theft which some members reside.
CRIME STATISTICS BY YEAR AND LOCATION 61 Exceptions to applying the hierarchy rule include The most serious offense is counted along with offense must be reported in each category. For the following: the arson. example, if an aggravated assault that includes • With respect to incidents that include both a sexual • When classifying hate crimes, all offenses in the domestic violence and an arrest for a drug offense and murder, both offenses are counted. incident that is motivated by bias are counted. violation occurs in one incident, then each • Arson incidents are counted regardless of any • When an incident occurs that includes offenses offense must be counted. additional offense committed during the incident. from any one of the four categories, the
Definitions— VAWA Crimes and Tennessee Law
VAWA DEFINITIONS TENNESSEE LAW DEFINITIONS
Rape The penetration, no matter how Rape TCA § 39-13-503 — Rape slight, of the vagina or anus Rape is unlawful sexual penetration of a victim by the defendant or of the defendant by a with any body part or object, or victim accompanied by any of the following circumstances: oral penetration by a sex organ of another person, without the 1. Force or coercion is used to accomplish the act; (2) the sexual penetration is accomplished consent of the victim. without the consent of the victim and the defendant knows or has reason to know at the time that the victim did not consent; 2. The defendant knows or has reason to know that the victim is mentally defective, mentally incapacitated or physically helpless; or 3. The sexual penetration is accomplished by fraud.
There is no statutory definition for “consent” for sexual offense crimes in Tennessee.
Tennessee courts consider consent a question for the jury; however, they have held that non- resistance does not constitute consent.
The statutory age of consent in Tennessee is 18 years of age.
Fondling The touching of the private body Fondling TCA § 39-13-505 — Sexual Battery parts of another person for the (Sexual Battery Sexual battery is unlawful sexual contact with a victim by the defendant or the defendant by purpose of sexual gratification, under TN Law) a victim accompanied by any of the following circumstances: without the consent of the victim, including instances where 1. Force or coercion is used to accomplish the act; the victim is incapable of giving 2. The sexual contact is accomplished without the consent of the victim and the defendant consent because of his/her age knows or has reason to know at the time of the contact that the victim did not consent; or because of his/ her temporary 3. The defendant knows or has reason to know that the victim is mentally defective, or permanent mental incapacity. mentally incapacitated or physically helpless; or 4. The sexual contact is accomplished by fraud.
As used in this section, “coercion” means the threat of kidnapping, extortion, force or violence to be performed immediately or in the future.
CRIME STATISTICS BY YEAR AND LOCATION 62 Definitions— VAWA Crimes and Tennessee Law
VAWA DEFINITIONS TENNESSEE LAW DEFINITIONS
Incest Sexual intercourse between persons who are related Incest TCA § 39-15-302 — Incest to each other within the degrees wherein marriage is A person commits incest who engages in sexual penetration as prohibited by law. defined in § 39-13-501, with a person, knowing the person to be, without regard to legitimacy:
1. The person’s natural parent, child, grandparent, grandchild, uncle, aunt, nephew, niece, stepparent, stepchild, adoptive parent, adoptive child; or 2. The person’s brother or sister of the whole or half-blood or by adoption.
Statutory Sexual intercourse with a person who is under the Statutory TCA § 39-15-506 — Statutory Rape Rape statutory age of consent. Rape Statutory Rape is the unlawful sexual penetration of a victim by the defendant or of the defendant by the victim when:
1. The victim is at least thirteen (13) but less than fifteen (15) years of age and the defendant is at least four (4) years but less than ten (10) years older than the victim; or 2. The victim is at least fifteen (15) but less than eighteen (18) years of age and the defendant is more than five (5) but less than ten (10) years older than the victim.
(For all victims under 13 and those under 18 where the defendant is more than 10 years older, the offense is considered to be Rape.)
CRIME STATISTICS BY YEAR AND LOCATION 63 Definitions— VAWA Crimes and Tennessee Law
VAWA DEFINITIONS TENNESSEE LAW DEFINITIONS
Any incident meeting the following definitions is considered a crime for the purposes of Clery Act reporting even if no Tennessee law was violated.
Domestic Violence A felony or misdemeanor crime of violence committed: TCA § 39-13-111 — Domestic Assault By a current or former spouse or intimate partner of the Any assault committed against a “domestic abuse victim,” which includes: victim; By a person with whom the victim shares a child in common; By a person who is cohabitating with, or 1. Adults or minors who are current or former spouses; has cohabitated with, the victim as a spouse or intimate 2. Adults or minors who live together or who have lived together; partner; By a person similarly situated to a spouse of the 3. Adults or minors who are dating or who have dated or who have or had victim under the domestic or family violence laws of the a sexual relationship, but does not include fraternization between two jurisdiction in which the crime of violence occurred; or By (2) individuals in a business or social context; any other person against an adult or youth victim who is 4. Adults or minors related by blood or adoption; protected from that person’s acts under the domestic or 5. Adults or minors who are related or were formerly related by marriage; family violence laws of the jurisdiction in which the crime or of violence occurred. Regardless of state domestic assault 6. Adult or minor children of a person in a relationship that is described in laws, Clery does not include violence between roommates (1)-(5). in this definition.
Dating Violence Violence committed by a person who is or has been in a Tennessee does not have a specific statute pertaining to dating violence social relationship of a romantic or intimate nature with that does not meet the definition of domestic violence above. the victim. The existence of such a relationship shall be based upon the reporting party’s statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between persons involved in the relationship.
For the purpose of this definition dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse. Dating violence does not include acts covered under the definition of domestic violence.
CRIME STATISTICS BY YEAR AND LOCATION 64 Definitions— VAWA Crimes and Tennessee Law
VAWA DEFINITIONS TENNESSEE LAW DEFINITIONS
Stalking Engaging in a course of conduct directed at a specific TCA § 39-17-315 Stalking person that would cause a reasonable person to: Fear A willful course of conduct involving repeated or continuing harassment of another for the person’s safety or the safety of others; or suffer individual that would cause a reasonable person to feel terrorized, frightened, substantial emotional distress. intimidated, threatened, harassed, or molested, and that actually causes the victim to feel terrorized, frightened, intimidated, threatened, harassed, or molested. “Harassment” means conduct directed toward a victim that includes, but is not limited to, repeated or continuing unconsented contact that would cause a reasonable person to suffer emotional distress, and that actually causes the victim to suffer emotional distress. “Unconsented contact” includes, but is not limited to, any of the following:
1. Following or appearing within the sight of that person; 2. Approaching or confronting that person in a public place or on private property; 3. Appearing at that person’s workplace or residence; 4. Entering onto or remaining on property owned, leased, or occupied by that person; 5. Contacting that person by telephone; 6. Sending mail or electronic communications to that person; or 7. Placing an object on, or delivering an object to, property owned, leased, or occupied by that person.
Reasonable A reasonable person under similar circumstances and with Person similar identities to the victim.
Course of Two or more acts, including but not limited to, acts in A pattern of conduct composed of a series of two or more separate non-continuous Conduct which the stalker directly, indirectly, or through third acts evidencing a continuity of purpose, including but not limited to, acts in which parties, by any action, method, device, or means, follows, the defendant directly, indirectly, or through third parties, by any action, method, monitors, observes, surveils, threatens, or communicates device, or means, follows, monitors, observes, surveils threatens, or communicates to or about a person or interferes with a person’s property. to a person, or interferes with a person’s property.
Substantial Significant mental suffering or anguish that may, but does “Emotional distress” means significant mental suffering or distress that may, but Emotional not necessarily, require medical or other professional does not necessarily, require medical or other professional treatment or counseling. Distress treatment or counseling.
CRIME STATISTICS BY YEAR AND LOCATION 65 CRIME STATISTICS TABLE University Campus The Vanderbilt University Annual Security Report has CATEGORY LOCATION 2018 2019 2020 always included in its on-campus crime statistics all incidents occurring at the hospitals and clinics located Murder / Non-negligent Manslaughter On-campus 0 0 0 at Vanderbilt University Medical Center (VUMC). Student Housing 0 0 0 The primary location of VUMC, including Vanderbilt Non-campus 0 0 0 University Hospital, the Monroe Carell Jr. Children’s Public Property 0 0 0 Hospital at Vanderbilt, and Vanderbilt Behavioral On-campus 0 0 0 Health (formerly Psychiatric Hospital at Vanderbilt), Manslaughter by Negligence along with many clinics, medical offices, and treatment Student Housing 0 0 0 centers, is adjacent to Vanderbilt’s campus. On April Non-campus 0 0 0 30, 2016, VUMC became a separate legal entity from Public Property 0 0 0 Vanderbilt University. Because of VUMC’s proximity to 1 2 3 Rape On-campus 31 26 13 campus and the regular presence of both faculty and Student Housing 26 25 13 students in the clinical and research areas of VUMC, crimes occurring on VUMC property proximate to Non-campus 0 0 0 campus will continue to be included in Vanderbilt’s on- Public Property 0 0 0 campus crime statistics. Fondling On-campus 16 16 9 For purposes of clarity, the following crime statistics Student Housing 11 9 9 have been divided into two charts. The first chart Non-campus 0 14 0 comprises crimes occurring on the Vanderbilt Public Property 1 0 0 University campus, the surrounding public property, Incest / Statutory Rape On-campus 0 0 0 and all non-campus property owned or controlled Student Housing 0 0 0 by Vanderbilt University. The statistics for Student Housing, which includes all Vanderbilt fraternity and Non-campus 0 0 0 sorority houses, are also included in the on-campus Public Property 0 0 0 statistics. The second chart covers all crimes occurring Robbery On-campus 0 1 1 on-campus at VUMC and its hospitals and clinics Student Housing 0 0 0 adjacent to Vanderbilt’s campus and the surrounding Non-campus 0 0 0 public property. Public Property 1 3 0 Aggravated Assault On-campus 3 1 15 Student Housing 0 0 0 Non-campus 0 0 0 Public Property 3 2 2
1 Thirteen of the rapes reported in 2018 occurred prior to 2018. Three of the rapes also are included in the domestic violence statistics. 2 Nine of the rapes reported in 2019 occurred prior to 2019. Six of the rapes also are included in the domestic violence statistics. 3 At least ten of the rapes reported in 2020 occurred prior to 2020. Five of the rapes reported involved the same victim and perpetrator, one of those rapes also is included in the domestic violence statistics. 4 This incident occurred during a Maymester trip to Paris, France in student housing. 5 This incident also was reported in the 2020 domestic violence statistics.
CRIME STATISTICS BY YEAR AND LOCATION 66 CATEGORY LOCATION 2018 2019 2020 CATEGORY LOCATION 2018 2019 2020 Burglary On-campus 3 1 5 Weapon Law Violations: On-campus 0 0 1 Student Housing 1 0 3 Arrests Student Housing 0 0 0 Non-campus 0 0 0 Non-campus 0 0 0 Public Property 0 0 0 Public Property 0 0 0 Motor Vehicle Theft6 On-campus 3 4 4 Weapon Law Violations: On-campus 0 0 0 Student Housing 0 0 0 Referrals Student Housing 0 0 0 Non-campus 0 0 0 Non-campus 0 0 0 Public Property 1 0 0 Public Property 0 0 0 Arson On-campus 0 0 0 Domestic Violence On-campus 97 168 79 Student Housing 0 0 0 Student Housing 5 14 5 Non-campus 0 0 0 Non-campus 0 0 0 Public Property 0 0 0 Public Property 0 1 0 Liquor Law Violations: On-campus 2 0 0 Dating Violence10 On-campus 0 0 0 Arrests Student Housing 1 0 0 Student Housing 0 0 0 Non-campus 0 0 0 Non-campus 0 0 0 Public Property 0 0 0 Public Property 0 0 0 Liquor Law Violations: On-campus 196 167 109 Stalking On-campus 8 18 7 Referrals Student Housing 191 165 108 Student Housing 4 11 4 Non-campus 0 0 0 Non-campus 0 0 0 Public Property 1 0 0 Public Property 0 0 1 Drug Related Violations: On-campus 3 3 0 Arrests Student Housing 0 0 0 Non-campus 0 0 0 Crime reports may be submitted anonymously or by a third-party Public Property 3 1 3 reporter to a Campus Security Authority. Since these reports usually Drug Related Violations: On-campus 58 43 12 have very limited information, they often cannot be investigated Referrals Student Housing 57 42 11 by law enforcement; however, they will be included in the annual Non-campus 0 0 0 disclosure of crime statistics if they meet the definition of Clery crime. Public Property 0 0 0
6 Motor vehicle thefts also include attempts or thefts of scooters, mopeds, and golf carts. 7 In 2018, three of the reported domestic violence incidents also are included in the rape statistics and one was included in the stalking statistics. 8 In 2019, six of the reported domestic violence incidents also are included in the rape statistics. Three incidents occurred prior to 2019. One incident also is included in the stalking statistics. 9 In 2020, one of the reported domestic violence incidents also is included in the rape statistics; another is included in the aggravated assault statistics. Four of the incidents were in two reports filed by the same couple. Three of these incidents occurred prior to 2020. 10 Federal regulations require that state law be followed when defining domestic violence; because Tennessee domestic violence law includes individuals who are or have been in a dating relationship, very few crimes fall into the Clery Dating Violence category.
CRIME STATISTICS BY YEAR AND LOCATION 67 Vanderbilt University Medical Center
CATEGORY LOCATION 2018 2019 2020 CATEGORY LOCATION 2018 2019 2020 Murder / Non-negligent On-campus 0 0 0 Burglary On-campus 6 0 0 Manslaughter Student Housing N/A N/A N/A Student Housing N/A N/A N/A Non-campus N/A N/A N/A Non-campus N/A N/A N/A Public Property 0 0 0 Public Property 0 0 0 Manslaughter by On-campus 0 0 0 Motor Vehicle Theft On-campus 3 2 2 Negligence Student Housing N/A N/A N/A Student Housing N/A N/A N/A Non-campus N/A N/A N/A Non-campus N/A N/A N/A Public Property 0 0 0 Public Property 0 0 0 Rape On-campus 5 0 311 Arson On-campus 0 0 1 Student Housing N/A N/A N/A Student Housing N/A N/A N/A Non-campus N/A N/A N/A Non-campus N/A N/A N/A Public Property 0 0 0 Public Property 0 0 0 Fondling On-campus 1 612 7 Liquor Law Violations: On-campus 0 0 0 Student Housing N/A N/A N/A Arrests Student Housing N/A N/A N/A Non-campus N/A N/A N/A Non-campus N/A N/A N/A Public Property 0 0 0 Public Property 0 0 0 Incest / Statutory Rape On-campus 0 0 0 Liquor Law Violations: On-campus 0 0 0 Student Housing N/A N/A N/A Referrals Student Housing N/A N/A N/A Non-campus N/A N/A N/A Non-campus N/A N/A N/A Public Property 0 0 0 Public Property 0 0 0 Robbery On-campus 0 0 0 Drug Related Violations: On-campus 19 17 3 Student Housing N/A N/A N/A Arrests Student Housing N/A N/A N/A Non-campus N/A N/A N/A Non-campus N/A N/A N/A Public Property 0 0 0 Public Property 2 1 0 Aggravated Assault On-campus 5 713 2 Drug Related Violations: On-campus 0 0 0 Student Housing N/A N/A N/A Referrals Student Housing N/A N/A N/A Non-campus N/A N/A N/A Non-campus N/A N/A N/A Public Property 0 0 0 Public Property 0 0 0
11 In 2020, one rape incident also is included in the domestic violence statistics. 12 In 2019, one fondling incident also is included in the stalking statistics. 13 In 2019, four of the reported aggravated assaults also are included in the domestic violence statistics.
CRIME STATISTICS BY YEAR AND LOCATION 68 CATEGORY LOCATION 2018 2019 2020 2019: No hate crimes were reported at Vanderbilt University or at VUMC facilities. Weapon Law Violations: On-campus 0 4 1 2018: No hate crimes were reported at Vanderbilt University or at VUMC facilities. Arrests Student Housing N/A N/A N/A Non-campus N/A N/A N/A VANDERBILT PROGRAMS OUTSIDE NASHVILLE Public Property 0 0 0 Vanderbilt conducts programs or sponsors travel during the summer in Weapon Law Violations: On-campus 0 0 0 Washington, D.C., and to other locations outside of Tennessee or the United Referrals Student Housing N/A N/A N/A States. In some instances, Vanderbilt may lease classroom and living space for the students participating in these programs or trips, and security is provided by the Non-campus N/A N/A N/A leasing entity and local police authorities. Specific questions about security at Public Property 0 0 0 program facilities and housing should be raised with the sponsoring department Domestic Violence On-campus 11 2714 1115 and the faculty member or administrator in charge of the program or trip. All Student Housing N/A N/A N/A victims are encouraged to report crimes to local police, the department or school sponsoring the program, and the Vanderbilt faculty or administrator in charge of Non-campus N/A N/A N/A the program. Public Property 1 1 0 Dating Violence On-campus 0 0 0 Vanderbilt received no reports of crime occurring at property leased in connection with its programs in Washington or abroad during 2018 or 2020. In 2019, an Student Housing N/A N/A N/A incident of fondling occurred during a Maymester trip to Paris, France in student Non-campus N/A N/A N/A housing; that crime is included in the 2019 statistics for fondling in the “non- Public Property 0 0 0 campus” category. Stalking On-campus 1 4 0 Student Housing N/A N/A N/A REPORTS OF CRIMES THAT HAVE BEEN UNFOUNDED Non-campus N/A N/A N/A During 2018, one report was unfounded from a residence hall in the University Public Property 0 0 0 campus precinct. In 2019, five reports were unfounded, four from the University campus precinct, including one from a residence hall, and one from the VUMC 14 Five of the 2019 domestic violence incidents involved charges against both parties, resulting in 10 reports of precinct. In 2020, one report was unfounded from the University campus precinct. domestic violence. 15 One of the 2020 domestic violence incidents also was included in the rape statistics. A reported crime may be unfounded only if sworn or commissioned law enforcement personnel have fully investigated the reported crime and made HATE CRIMES a formal determination that the report is false or baseless. For example, if an The Clery Act requires reporting of incidents where the offender’s bias against a person individual reports a motor vehicle theft, but then later reports to police that the or property motivates them in whole or in part to commit the crime. This includes vehicle had actually been borrowed or parked in a different location, the report of bias against race, gender, religion, national origin, sexual orientation, gender identity, that crime will be unfounded because the investigation concluded that no crime had disability, or ethnicity. Crimes listed in any of the categories in the tables above, as occurred. These reports are not included in either the Clery or the Tennessee College well as incidents of Larceny/Theft, Simple Assault, Intimidation, Destruction/Damage/ and University Information Security Act (Appendix D) crime statistics. Vandalism of Property that involve any of these hate crime categories, must be reported. No one other than appropriate law enforcement personnel may unfound a crime. 2020: No hate crimes were reported at Vanderbilt University’s campus. One incident of A prosecutor’s decision not to bring charges, a finding of not guilty by a jury, or vandalism of property involving a racially-biased statement written on the outside of a a finding of no responsibility by Vanderbilt University officials is not sufficient to window of a VUMC building was reported. unfound a reported crime.
CRIME STATISTICS BY YEAR AND LOCATION 69 The Vanderbilt University Campus Fire Safety Program is managed by the Vanderbilt University Public Safety (VUPS) Office of Emergency Management. This office maintains all campus fire-related statistical data and works to ensure campus facilities and operations are in compliance with the Metro Davidson County Fire Department rules and regulations.
SECTION VUPS staff includes a full-time certified Fire Inspector-1 to ensure code compliance and provide fire safety training to students, faculty, and staff.
COVID-19 & FIRE SAFETY The health and safety of the Vanderbilt community is our highest priority. Plans for the current academic year have been developed in close consultation with experts from the Vanderbilt University Medical Center, the School of Nursing, as well as national, state, and local public health officials. In response to the ongoing pandemic, Vanderbilt University has de- FIRE SAFETY densified residential spaces to provide housing that 15 is as safe as possible. To accomplish this initiative, non-traditional housing at the Villages at Vanderbilt will be utilized as a residence hall. This location has This report includes information on fire been added to the fire safety systems table below. prevention policies and practices, fire Additionally, the Office of Housing and Residential Experience has identified dedicated quarantine and safety education and training initiatives, isolation housing on campus. fire protection equipment in the residence halls, emergency evacuation FIRE SAFETY RESPONSIBILITIES procedures, as well as residence hall fire The following departments, entities, and individuals identified below all have vital roles in the overall fire statistics. safety of Vanderbilt University.
FIRE SAFETY 70 Vanderbilt Community Members The VUPD Dispatch Center is responsible for FIRE SAFETY IMPROVEMENTS requesting outside emergency response personnel Fire safety is everyone’s responsibility. All fires on (Metro Nashville Fire and Police departments) The Office of Emergency Management continuously campus must be reported immediately to VU Public as necessary. The Dispatch Center follows the assesses the need for fire safety improvements across Safety and the Office of Housing and Residential University’s fire alarm response procedures and campus in conjunction with the Metro Nashville Fire Experience (OHARE). notifies the Office of Emergency Management of all Marshal’s Office. A certified Fire Inspector-1 within VU fires within University residence halls. Public Safety performs inspections upon request in Vanderbilt University Public Safety — campus buildings to ensure fire and life safety code Office of Emergency Management Vanderbilt University Plant compliance. The Office of Emergency Management employs a Operations — Fire and Life Safety Branscomb Quad and Gillette Hall have received full-time certified Fire Inspector-1 (ICC, NFPA, TN) to The Vanderbilt University Plant Operations new fire detection and suppression systems. Plant assist with code compliance and provide fire safety Controls Group, in accordance with local fire Operations Building Systems Controls (BSC) has also training and education to students, staff and faculty. codes, is responsible for all fire system testing and increased sprinkler testing frequency and thoroughness. maintenance for all campus buildings. Testing, as Specific responsibilities are as follows: The Office of Emergency Management is currently well as, preventative and corrective maintenance • Serves as the primary liaison to the Metro developing a University Fire Safety Plan, which are carried out on all campus systems including Nashville Fire Department and Fire Marshal’s Office outlines the fire safety practices, procedures, and fire alarms, fire sprinklers, kitchen and laboratory • Assists with special event planning and code policies in place to ensure safe operations and suppression equipment, and fire extinguishers on a interpretation regulatory compliance. This Plan will include roles/ periodic basis. NICET qualified staff have extensive • Conducts visual inspections of University owned responsibilities, fire inspection processes, fire/ training on the systems that are primarily used in and maintained buildings within the University evacuation drills, fire safety systems and equipment, campus buildings. Facilities Zones (excludes Real Estate owned/ fire prevention, emergency access, fire alarm response operated buildings) All fire detection systems are monitored by Plant procedures, and fire reporting. • Provides fire safety training to VUPD sworn and Operations Building Systems Controls (BSC), which non-sworn officers upon hire and during annual in- Due to significant construction and improvement is staffed 24 hours per day, seven days a week. Under service training projects affecting the West End Neighborhood, the University’s fire response procedures, BSC will • Provides annual training to select student groups, evacuation plans for Greek Life residences have been notify the VUPD Dispatch Center of alarms in campus such as Residential Advisors, Greek Life Managers reviewed, updated, and posted to the buildings and if additional resources are needed, emergency. and Residents, and Student Life Center student website. VUPD Dispatch will request assistance from Metro vanderbilt.edu workers, as well as other groups upon request Nashville Fire Department (MNFD). • Conducts routine fire drills in accordance with Questions regarding code compliance or general fire and life safety inquiries can be directed to the Office applicable fire codes and the Clery Act BSC maintains a detailed daily log of activities of of Emergency Management at • Collaborates with VU Facilities to maintain the Fire important life safety events and alarms; coordinates publicsafetyinfo@ . Alarm Response Procedure with contractors for fire watches, hot work, and vanderbilt.edu • Approves fire pit requests for special events on sprinkler/fire alarm system outages; conducts all campus maintenance and testing on all life safety systems for RESIDENTIAL FIRE SAFETY each building on campus; responds to all fire issues; EDUCATION AND TRAINING Vanderbilt University Public Safety — acts as a communication bridge between VUPD and Police Department Facilities; and dispatches staff to potential fire events Residential Staff Training or elevator captures. The Vanderbilt University Police Department is the Prior to the beginning of each fall semester, the primary responding agency to incidents on campus. Office of Emergency Management provides fire
FIRE SAFETY 71 safety training for all residential advisers (RA). Topics area coordinators for each residential area. BSC buildings, labs, and parking structures. covered include RA fire safety responsibilities, fire staff members activate the alarms and then check • Bicycles may not be stored in hallways, stairwells, safety rules, evacuation procedures, fire drills, and the operating condition of fire alarm audible and or other common areas because they may block extinguisher training. visual alarms in each residence hall during the drill. emergency egress. Bicycles may be stored in Emergency evacuation drills are planned for all student rooms. Student Resident Training residence halls at Vanderbilt University during August– • Candles, other devices that produce open flames, oil At the start of each fall semester, RAs are instructed September 2021 (Note that this is subject to change lamps, and incense are prohibited in the residence to review the Evacuation Fire Safety Fact Sheet with based on any changes to COVID-19 campus health halls and subject to confiscation, whether or not they residents of their floor during the first residence hall protocols). are lit at the time they are discovered. Exceptions meeting. for registered events sponsored by University departments may be made at the discretion of The following instructions are posted in every STUDENT FIRE SAFETY REGULATIONS the senior director for housing operations, or the student’s residence room on campus: Vanderbilt University is a smoke-free campus. Smoking director’s designee. is prohibited in all buildings on campus, including • Walkways, stairs, and corridors must be kept clear University residence halls and Greek chapter houses at all times for emergency egress. Student property Fire Evacuation and on the grounds of the campus, with the exception of may not be stored in these areas. designated outdoor smoking areas. Additional smoking • Heat producing appliances (coffee makers, heating When you hear a fire alarm or see smoke policy information can be found in the Student Handbook pads, slow-cookers, etc.) must be attended when and fire: at vanderbilt.edu/student_handbook/university- turned on. • Exit the building immediately using the policies-and-regulations/#smoke-free-campus. • Flammable materials (e.g., sheets, blankets, nearest exit. bandanas, scarves), may not be used to cover or • Never use an elevator as an exit during a fire. Residents must abide by the fire safety regulations obstruct light sources, heating/cooling sources, or • Feel each door as you approach. Never open a outlined in the Student Handbook (See vanderbilt. fire-safety fixtures. hot door. edu/student_handbook/residential-life/#general- • The University’s smoke-free campus policy limits • If the hallway or stairwell is smoky, seek residence-life-policies): smoking to designated outdoor areas. Extinguishing another path or await rescue in your room. • Combustible materials may not be stored on the or disposing of smoking materials by any means • Once outside, proceed to the Area Rally Point. premises. other than the urns provided is prohibited. Never reenter the building. • Cardboard boxes may not be used for storage of • Access to windows and doors must be kept clear for items in storage areas. emergency egress. • The Metropolitan Nashville-Davidson County Fire • Emergency exits may be used by residents or guests At the start of each fall semester, the Office of Emergency Code prohibits the use and storage of grills within only for emergency exit or exit during drills. Other Management provides fire safety training for all Greek ten (10) feet of any combustible materials on any use is prohibited. House officers. This training covers fire prevention, balcony or patio of a multifamily dwelling. Use or • Failure to evacuate a building when a fire alarm extinguisher training, and evacuation safety. storage of grills is prohibited on any balcony or patio, sounds is prohibited. or in any residential facility. Emergency Evacuation Drills • Motorcycles, mopeds, and other internal combustion Additionally, the following are prohibited and machines may not be kept in University housing. will likely result in corrective action through the Emergency evacuation drills are conducted each • The use, possession, or storage of Hoverboards, University’s accountability process, which may result fall semester in every Vanderbilt residence hall. Swagways, IO Hawks, Skywalkers, and similar in sanctions, including possible suspension from The drills are planned and coordinated by the devices is prohibited inside all Vanderbilt buildings the University or a prorated damage charge among Office of Emergency Management, with input and and facilities, including, but not limited to, residence the residents of a particular area if the responsible assistance from the senior director of the Residential halls, Greek houses, student centers, academic person(s) cannot be identified: Experience Office, the associate directors, and the
FIRE SAFETY 72 • Tampering with door alarms, fire extinguishers, The residential staff may require that any appliance designed to alert building occupants in the event of sprinkler heads, water flow or other control valves be placed in storage if the manner in which the a fire and is activated by smoke detectors, sprinkler and other fire-safety equipment appliance is used causes interruption of service or water flow, or manual pull station activation. Sprinkler • Tampering with smoke detectors, emergency phones, endangers the health, safety, or well-being of the systems are activated when the fire sprinkler heads building access systems, elevator systems, surveillance residential community. detect temperatures above a designated temperature cameras or other safety and security equipment threshold. Some residence halls have commercial food • Tube lights and string lights, except that string lights Restricted Appliances service areas and are equipped with hood suppression may be used under the following conditions: Such Electric-powered appliances with exposed heating systems in the event of a cooking fire. Each residence lights may be used only in individual rooms and not elements and grills (either outdoor or indoor use, hall and Greek house has an adequate complement in common areas. The lights must be UL approved including “George Foreman” grills and similar devices) of dry chemical fire extinguishers located in common and in good condition and may not be used for are prohibited. Appliances that draw a large amount areas, multi-room suites, mechanical, and storage more than 90 days. No more than three strands of of current from each circuit, such as hot plates, air areas as required by local and state fire codes. The Fire such lights may be strung together, and they must conditioners, and electric heaters are prohibited. Safety Systems table at the end of the section contains be plugged directly into an outlet or into a surge Additional restricted electrical appliances include: a complete listing of all the current fire safety systems. protector that is plugged directly into an outlet. • Halogen lamps or halogen light sources • Items suspended from the ceilings, sprinkler heads, • Washing machines Non-Traditional Residence Halls overhead piping, or on or near water pipes • Dryers During the COVID-19 pandemic, Vanderbilt University • Use or possession of fireworks • Water-heating elements de-densified residential spaces for on-campus • Disabling fire alarm systems students. To accomplish this, the university is using • Arson/igniting fires The senior director of housing operations reserves non-traditional housing facilities near campus at the • Tampering with or damaging fire-exit lights, signs, the option of revoking authorization for the use of any Village at Vanderbilt (South Tower and Townhomes) horns, strobes or other notification devices appliance in individual buildings or throughout the as residence halls. The fire safety systems for these • Tampering with or obstructing emergency-exit doors residential campus. designated facilities are included in the fire safety systems list at the end of this report. FIRE SAFETY RULES FOR FIRE SAFETY RULES ELECTRICAL APPLIANCES FOR FURNISHINGS FIRE LOG Approved Appliances Student-owned furniture brought into campus A summary report of residential fires from 2009- residences and Greek houses must meet the hospitality/ 2020 and the current 2021 Fire Log are available on Electric-powered appliances such as radios, sound contract-grade furniture fire-safety specifications of the Emergency Management website: systems, TVs, electric blankets, clocks, lamps, and emergency. either the National Fire Protection Association (NFPA) . coffee makers with enclosed heating elements are vanderbilt.edu/vu/fire/residential-fire-reports.php 260 or the California Technical Bulletin 117, section E. permitted in residence hall rooms. All appliances used Furniture that complies with either standard will be in campus residences must be in good condition, appropriately tagged by the manufacturer. 2018–2020 FIRE STATISTICS with special attention given to seals, electrical cords, and plugs. Only power strips with circuit breakers The following chart summarizes all fires occurring in may be used as extension cords. Additional approved residence halls or Greek houses from 2018 through RESIDENCE HALL 2020. Within that time period, there were a total of electrical appliances include: FIRE SAFETY SYSTEMS • Microwave ovens (800 watt maximum and interior thirteen fires (six in 2020, five in 2019, and two in capacity of one cubic foot) All traditional Vanderbilt residence halls and Greek 2018), none of which caused any injuries. None of • Refrigerators (4-foot capacity) houses are protected by fire detection and automatic these fires exceeded $2,000 in damage. Six of the sprinkler systems. The fire detection systems are thirteen fires occurred in kitchens.
FIRE SAFETY 73 RESIDENCE HALL/ADDRESS # of Injuries Portions of Kensington Place and # of 24th Ave. were closed in summer Year # of Fires Cause of Fire Requiring Medical Damages Notes Deaths 2019; New street addresses for some Facility Treatment buildings are noted in parentheses.
Alpha Chi Omega 2018 0 2414 Vanderbilt Place 2019 0 2020 0 Alpha Delta Pi 2018 0 2410 Vanderbilt Place 2019 0 2020 0 Alpha Epsilon Pi 2018 0 209 24th Ave. S. 2019 0 2020 0 Alpha Omicron Pi 2018 0 2415 Kensington Pl. 2019 0 (200C 25th Ave. S.) 2020 0 Alpha Tau Omega 2018 0 2422 Kensington Pl. 2019 0 (110A 25th Ave. S.) 2020 0 Beta Theta Pi 2018 N/A Not currently used 210 24th Ave. S. 2019 N/A for housing 2020 N/A Blakemore House 2018 0 2818 Vanderbilt Place 2019 0 2020 0 Carmichael Tower 1 2018 0 Building 2321 West End Ave. 2019 1 Cigarettes were improperly disposed in a restroom trash can. 0 0 $1,250 demolished 2020 0 summer 2021 Carmichael Tower 2 2018 0 Building 2321 West End Ave. 2019 0 demolished 2020 0 summer 2021 Carmichael Tower 3 2018 0 Building 2321 West End Ave. Kitchen pans were not removed from the oven prior to 2019 1 0 0 $0 demolished pre-heating, resulting in a small fire. summer 2019 2020 N/A Carmichael Tower 4 2018 0 Building 2321 West End Ave. 2019 0 demolished 2020 N/A summer 2019
FIRE SAFETY 74 RESIDENCE HALL/ADDRESS # of Injuries Portions of Kensington Place and Requiring # of 24th Ave. were closed in summer Year # of Fires Cause of Fire Damages Notes 2019; New street addresses for some Medical Facility Deaths buildings are noted in parentheses. Treatment Chaffin Place A 2018 0 1406A 25th Ave. S. 2019 0 2020 0 Chaffin Place B 2018 0 1406B 25th Ave. S. 2019 0 2020 0 Chaffin Place C 2018 0 1406C 25th Ave. S. 2019 0 2020 0 Chaffin Place D 2018 0 1406D 25th Ave. S. 2019 0 2020 0 Chaffin Place E 2018 0 1406E 25th Ave. S. 2019 0 2020 0 Chaffin Place F 2018 0 1406F 25th Ave. S. 2019 0 2020 0 Chi Omega 2018 0 2416 Vanderbilt Place 2019 0 2020 0 Cole Hall 2018 0 2304 Vanderbilt Place 2019 0 (2304A Vanderbilt Pl.) 2020 0 Crawford House 2018 0 1910 South Dr. 2019 0 A clothes dryer caught fire as the result of excess lint 2020 1 0 0 $1525 buildup in the exhaust ventilation pipes. Delbruck Hall 2018 0 105 21st Ave. S. 2019 0 2020 0 Delta Delta Delta 2018 0 120 24th Ave. S. 2019 0 (2308E Vanderbilt Pl.) 2020 0
FIRE SAFETY 75 RESIDENCE HALL/ADDRESS # of Injuries Portions of Kensington Place and Requiring # of 24th Ave. were closed in summer Year # of Fires Cause of Fire Damages Notes 2019; New street addresses for some Medical Facility Deaths buildings are noted in parentheses. Treatment Delta Kappa Epsilon 2018 0 101 24th Ave. S. 2019 0 (2402 Vanderbilt Pl.) 2020 0 E. Bronson Ingram 2018 0 2211 West End Ave. A smoldering piece of cardboard was placed in a trashcan in the kitchen Building opened 2019 1 0 0 $725 maintenance area of the building dining hall, resulting in a small fire. Fall 2018 2020 0 East House 2018 0 1920 South Dr. 2019 0 2020 0 Elliston Hall 2018 0 105 21st Ave. S. 2019 0 2020 0 Gillette House 2018 0 1900 Horton Ave. 2019 0 2020 0 Hank Ingram House 2018 0 1401 18th Ave. S 2019 0 2020 0 Kappa Alpha Theta 2018 0 204 24th Ave. S. 2019 0 (2308C Vanderbilt Pl.) 2020 0 Kappa Alpha 2018 0 201 24th Ave. S. 2019 0 (2400D Vanderbilt Pl.) 2020 0 Kappa Delta 2018 0 203 24th Ave. S. 2019 0 (2400C Vanderbilt Pl.) 2020 0 Kappa Kappa Gamma 2018 0 2416 Kensington Pl. 2019 0 (110B 25th Ave. S.) 2020 0 Kappa Sigma 2018 0 213 24th Ave. S. 2019 0 (2400A Vanderbilt Pl.) 2020 0 Lambda Chi Alpha 2018 0 House demolished 2411 Kensington Place 2019 N/A Summer 2018 2020 N/A
FIRE SAFETY 76 RESIDENCE HALL/ADDRESS # of Injuries Portions of Kensington Place and Requiring # of 24th Ave. were closed in summer Year # of Fires Cause of Fire Damages Notes 2019; New street addresses for some Medical Facility Deaths buildings are noted in parentheses. Treatment Lewis House 2018 1 Small cooking fire on stovetop 0 0 $0 1410 25th Ave. S. 2019 1 2020 0 Lupton House 2018 0 2401 Vanderbilt Place 2019 0 2020 0 Mayfield Place A 2018 0 1412A 25th Ave. S. 2019 0 Tortilla chips being cooked in the oven ignited, 2020 1 0 0 $0 resulting in a small cooking fire. Mayfield Place B 2018 0 1412B 25th Ave. S. 2019 0 2020 0 Mayfield Place C 2018 0 1412C 25th Ave. S. 2019 0 2020 0 Mayfield Place D 2018 0 1412D 25th Ave. S. While cooking, butter dropped onto the burner, 2019 1 0 0 $0 resulting in a small fire. 2020 0 Mayfield Place E 2018 0 1412E 25th Ave. S. 2019 0 2020 0 McGill Hall 2018 0 310 West Side Row 2019 0 (2304F Vanderbilt Pl.) 2020 0 McTyeire Hall 2018 0 414 24th Ave. S. 2019 0 The blower motor on an HVAC unit overheated and caused 2020 1 0 0 $500 a mechanical equipment fire.
Memorial House 2018 1 Small electrical fire in an HVAC unit 0 0 $250 1910 Horton Ave. 2019 0 2020 0 Morgan House 2018 0 1408 25th Ave. S. 2019 0 2020 1 While cooking, a small fire ignited in the oven. 0 0 $0
FIRE SAFETY 77 RESIDENCE HALL/ADDRESS # of Injuries Portions of Kensington Place and # of Requiring # of 24th Ave. were closed in summer Year Cause of Fire Damages Notes 2019; New street addresses for some Fires Medical Facility Deaths buildings are noted in parentheses. Treatment Murray House 2018 0 1501 18th Ave. S. 2019 0 2020 0 North Hall 2018 0 1300 21st Ave. S. Plastic bags left next to a stovetop being used for 2019 1 0 0 $0 cooking ignited, resulting in a small kitchen fire. 2020 0 NPHC Fraternities 2018 0 308 West Side Row 2019 0 (200E 25th Ave. S.) 2020 0 NPHC Sororities 2018 0 200 25th Ave. S. 2019 0 (200A 25th Ave. S.) 2020 0 Phi Kappa Psi 2018 0 103 24th Ave. S. 2019 0 2020 0 Pi Beta Phi 2018 0 2408 Kensington Pl. 2019 0 (110D 25th Ave. S.) 2020 0 Rice Hall 2018 0 2101 West End Ave. 2019 0 2020 0 Scales House 2018 0 311 24th Ave. S. 2019 0 2020 0 Scarritt Bennett 2018 N/A Scarritt Bennett was used as 1027 18th Ave S. 2019 N/A quarantine and isolation housing 2020 0 during academic year 2020-2021. Sigma Alpha Epsilon 2018 0 2500 Kensington Place 2019 0 2020 0 Sigma Chi 2018 0 2420 Vanderbilt Place 2019 0 2020 0 Sigma Nu 2018 0 2412 Kensington Pl. 2019 0 (110C 25th Ave. S.) 2020 0
FIRE SAFETY 78 RESIDENCE HALL/ADDRESS # of Injuries Portions of Kensington Place and Requiring # of 24th Ave. were closed in summer Year # of Fires Cause of Fire Damages Notes 2019; New street addresses for some Medical Facility Deaths buildings are noted in parentheses. Treatment Smith Hall 2018 0 2101 West End Ave. 2019 0 2020 0 Stambaugh House 2018 0 1405 18th Ave. S. 2019 0 2020 0 Stapleton House 2018 0 315 24th Ave. S. 2019 0 2020 0 Sutherland House 2018 0 1900 South Dr. 2019 0 2020 0 Tolman Hall 2018 0 320 West Side Row 2019 0 (2304C Vanderbilt Pl.) A clothes dryer caught fire due to overloading 2020 1 from a large load of clothes, bedding, and a 0 0 $750 foam pillow being dried simultaneously. Vaughn House 2018 0 313 24th Ave. S. 2019 0 2020 0 2018 N/A Village at Vanderbilt The Village apartments were used as 403 Village at Vanderbilt University 2019 N/A quarantine and isolation housing for A fire occurred on an outside balcony. academic year 2020-2021. For academic 2020 1 A discarded cigarette butt burned the 0 0 $2,000 year of 2021-2022, the Villages will be outside facade and caused damage. used as a Residence Hall. West House 2018 0 1400 21st Ave. S.. 2019 0 2020 0 Zeppos College 2018 N/A Zeppos College was opened for 2417 West End Ave. 2019 N/A occupancy in Fall 2020. 2020 0 Zeta Beta Tau 2018 0 2419 Kensington Pl. 2019 0 (200B 25th Ave. S.) 2020 0 Zeta Tau Alpha 2018 0 118 24th Ave. S. 2019 0 (200D 25th Ave. S.) 2020 0
FIRE SAFETY 79 Fire Safety Systems Table
Automatic Fire RESIDENCE HALL/ADDRESS Automatic Hood Suppression Alarm System Portable Fire Smoke Portions of Kensington Place and 24th Ave. were closed in Fire Sprinkler System (Commercial Notes summer 2019; New street addresses for some buildings are Monitored on Extinguishers Detection Kitchen Unless System noted in parentheses. Campus Otherwise Noted) Alpha Chi Omega, 2414 Vanderbilt Place Yes Yes Yes Yes Yes - 1 Alpha Delta Pi, 2410 Vanderbilt Place Yes Yes Yes Yes Yes - 1 Alpha Epsilon Pi, 209 24th Ave. S. Yes Yes Yes Yes Yes - 1 Alpha Omicron Pi, 2415 Kensington Pl. (200C 25th Ave. S.) Yes Yes Yes Yes Yes - 1 Alpha Tau Omega, 2422 Kensington Pl. (110A 25th Ave. S.) Yes Yes Yes Yes Yes - 1 Beta Theta Pi, 210 24th Ave. S. Yes Yes Yes Yes Yes - 1 Not currently used for housing Blakemore House, 2818 Vanderbilt Place Yes Yes Yes Yes Yes - 1 Chaffin Place A, 1406A 25th Ave. S. Yes Yes Yes Yes No Chaffin Place B, 1406B 25th Ave. S. Yes Yes Yes Yes No Chaffin Place C, 1406C 25th Ave. S. Yes Yes Yes Yes No Chaffin Place D, 1406D 25th Ave. S. Yes Yes Yes Yes No Chaffin Place E, 1406E 25th Ave. S. Yes Yes Yes Yes No Chaffin Place F, 1406F 25th Ave. S. Yes Yes Yes Yes No Chi Omega, 2416 Vanderbilt Place Yes Yes Yes Yes Yes - 1 Cole Hall, 2304 Vanderbilt Place (2304A Vanderbilt Pl.) Yes Yes Yes Yes Yes - 1 Crawford House, 1910 South Dr. Yes Yes Yes Yes Yes - 1 Delbruck Hall, 105 21st Ave. S. Yes Yes Yes Yes Yes - 1 Delta Delta Delta, 120 24th Ave. S. (2308E Vanderbilt Pl.) Yes Yes Yes Yes Yes - 1 Delta Kappa Epsilon, 101 24th Ave. S. (2402 Vanderbilt Pl.) Yes Yes Yes Yes Yes - 1 E. Bronson Ingram, 2211 West End Ave. Yes Yes Yes Yes Yes - 2 East House, 1920 South Dr. Yes Yes Yes Yes Yes - 1 Elliston Hall, 105 21st Ave. S. Yes Yes Yes Yes Yes - 1 Gillette House, 1900 Horton Ave. Yes Yes Yes Yes Yes - 1 Hank Ingram House, 1401 18th Ave. S Yes Yes Yes Yes Yes - 1 Kappa Alpha Theta, 204 24th Ave. S. (2308C Vanderbilt Pl.) Yes Yes Yes Yes Yes - 1 Kappa Alpha, 201 24th Ave. S. (2400D Vanderbilt Pl.) Yes Yes Yes Yes Yes - 1 Kappa Delta, 203 24th Ave. S. (2400C Vanderbilt Pl.) Yes Yes Yes Yes Yes - 1 Kappa Kappa Gamma, 2416 Kensington Pl. (110B 25th Ave. S.) Yes Yes Yes Yes Yes - 1 Kappa Sigma, 213 24th Ave. S. (2400A Vanderbilt Pl.) Yes Yes Yes Yes Yes - 1 Lewis House, 1410 25th Ave. S. Yes Yes Yes Yes No Lupton House, 2401 Vanderbilt Place Yes Yes Yes Yes No Mayfield Place A, 1412A 25th Ave. S. Yes Yes Yes Yes No
FIRE SAFETY 80 Fire Safety Systems Table
Automatic Fire RESIDENCE HALL/ADDRESS Automatic Hood Suppression Alarm System Portable Fire Smoke Portions of Kensington Place and 24th Ave. were closed in Fire Sprinkler System (Commercial Notes summer 2019; New street addresses for some buildings are Monitored on Extinguishers Detection Kitchen Unless System noted in parentheses. Campus Otherwise Noted) Mayfield Place B, 1412B 25th Ave. S. Yes Yes Yes Yes No Mayfield Place C, 1412C 25th Ave. S. Yes Yes Yes Yes No Mayfield Place D, 1412D 25th Ave. S. Yes Yes Yes Yes No Mayfield Place E, 1412E 25th Ave. S. Yes Yes Yes Yes No McGill Hall, 310 West Side Row (2304F Vanderbilt Pl.) Yes Yes Yes Yes Yes - 1 McTyeire Hall, 414 24th Ave. S. Yes Yes Yes Yes Yes - 1 Memorial House, 1910 Horton Ave. Yes Yes Yes Yes Yes - 1 Morgan House, 1408 25th Ave. S. Yes Yes Yes Yes No Murray House, 1501 18th Ave. S. Yes Yes Yes Yes Yes - 1 North Hall, 1300 21st Ave. S. Yes Yes Yes Yes Yes - 1 NPHC Fraternities, 308 West Side Row (200E 25th Ave. S.) Yes Yes Yes Yes Yes - 1 NPHC Sororities, 200 25th Ave. S. (200A 25th Ave. S.) Yes Yes Yes Yes Yes - 1 Phi Kappa Psi, 103 24th Ave. S. Yes Yes Yes Yes Yes - 1 Pi Beta Phi, 2408 Kensington Pl. (110D 25th Ave. S.) Yes Yes Yes Yes Yes - 1 Rice Hall, 2101 West End Ave. Yes Yes Yes Yes Yes - 1 Scales House, 311 24th Ave. S. Yes Yes Yes Yes Yes - 1 Sigma Alpha Epsilon, 2500 Kensington Place Yes Yes Yes Yes Yes - 1 Sigma Chi, 2420 Vanderbilt Place Yes Yes Yes Yes Yes - 1 Sigma Nu, 2412 Kensington Pl. (110C 25th Ave. S.) Yes Yes Yes Yes Yes - 1 Smith Hall, 2101 West End Ave. Yes Yes Yes Yes Yes - 1 Stambaugh House, 1405 18th Ave. S. Yes Yes Yes Yes Yes - 1 Stapleton House, 315 24th Ave. S. Yes Yes Yes Yes No Sutherland House, 1900 South Dr. Yes Yes Yes Yes Yes - 1 Tolman Hall, 320 West Side Row (2304C Vanderbilt Pl.) Yes Yes Yes Yes Yes - 1 Vaughn House, 313 24th Ave. S. Yes Yes Yes Yes No West House, 1400 21st Ave. S. Yes Yes Yes Yes Yes - 1 Yes – 2, plus 13 in Zeppos College Yes Yes Yes Yes apartments Zeta Beta Tau, 2419 Kensington Pl. (200B 25th Ave. S.) Yes Yes Yes Yes Yes - 1 Zeta Tau Alpha, 118 24th Ave. S. (200D 25th Ave. S.) Yes Yes Yes Yes Yes - 1 Village at Vanderbilt Townhomes, 404-437 Village at Vanderbilt No No Yes Yes No Village at Vanderbilt South Tower, 120-352 Village at Vanderbilt No No Yes Yes No
FIRE SAFETY 81 TABLE OF CONTENTS
Section I: Purpose Section II: Scope of Policy Section III: Prohibited Conduct Section IV: Title IX and Nondiscrimination Section V: Retaliation Section VI: Time Considerations for Reporting and Filing Complaints APPENDIX Section VII: Immunity for Alcohol and Other Drug Violations Section VIII: Available Resources and Recommended Immediate Steps Following an Incident of Sexual Misconduct Section IX: Options and Procedures for Reporting or Disclosing Incidents of Sexual Misconduct Section X: Filing a Complaint of Sexual Misconduct Section XI: Confidential and Anonymous Reporting Section XII: Supportive Measures VANDERBILT Section XIII: Investigation and Resolution A Processes When the Respondent is a Student UNIVERSITY SEXUAL Section XIV: Investigation and Resolution Processes When the Respondent is Not a Student MISCONDUCT POLICY Section XV: Definitions Effective August 14, 2020
APPENDIX A. VANDERBILT UNIVERSITY SEXUAL MISCONDUCT POLICY 82 I. PURPOSE This Policy serves as Vanderbilt’s comprehensive 14, 2020, regardless of the date of the alleged policy against sexual misconduct in all of its forms. incident. The procedures outlined in this Policy Vanderbilt University is committed to equal The accompanying Formal Grievance Protocol, and the accompanying Formal Grievance Protocol opportunity and to maintaining a safe and healthy which is linked here, covers a narrower sub-set of will not be applied retroactively. Procedures environment for all members of the University conduct that must be addressed according to a set out in the relevant version of the Vanderbilt community (including students, faculty, staff, defined formal grievance process as required by Sexual Misconduct and Intimate Partner Policy, postdocs, and trainees), guests, and visitors. The U.S. Department of Education Title IX Regulations the Sexual Assault, Stalking, Dating and Domestic University’s policies, programs, and activities effective August 14, 2020. To the extent the Violence Policy in Cases Not Involving Students are designed to foster courtesy and respect. The processes differ, when sexual misconduct meets the (Campus SaVE Act Policy), the Anti-Harassment University prohibits and seeks to eliminate all forms criteria specified in the Title IX Regulations, it must Policy, the Faculty Manual, and other applicable of sexual misconduct, including sexual harassment be addressed under the Formal Grievance Protocol. university policies will apply to Reports received and sexual assault. Under federal law, Vanderbilt Otherwise, this overarching Sexual Misconduct by the Title IX Coordinator prior to August 14, 2020. has a duty to take steps to prevent and redress Policy applies (e.g., the definitions in this Policy The definitions, including of prohibited offenses, sexual misconduct. Such conduct is contrary to apply to the Formal Grievance Protocol). in effect as of the date of the alleged incident will Vanderbilt’s values and is not tolerated. be used. Reports of conduct spanning more than Procedures for investigating and resolving one year will be addressed using the definitions This Sexual Misconduct Policy (Policy)1 outlines allegations of sexual misconduct (other than the procedures that apply to allegations of sexual section(s) of the relevant policy in effect at the time conduct subject to the Formal Grievance Protocol) of the most recent alleged incident. misconduct, including sexual harassment and when the Respondent is a student are included sexual assault, involving members of the Vanderbilt in Section XII. Procedures for investigating and Inquiries about the application of this policy should community. It is applicable to all members of the resolving allegations of sexual misconduct (other be directed to Vanderbilt’s Title IX Coordinator: Vanderbilt community, with respect to conduct than conduct subject to the Formal Grievance that occurs on campus and conduct that occurs off Protocol) where the Respondent is not a student Title IX Coordinator campus that has an on campus effect, including are included in Section XIII. Combined, Vanderbilt’s (615) 343-9004 conduct in connection with University programs or policies and procedures are intended to ensure [email protected] activities or that otherwise interferes with or limits the that all members of the Vanderbilt community 110 21st Avenue South, Suite 975 ability of a member of the community to participate in who are affected by an incident or complaint of Nashville, TN 37203 or to receive benefits, services, or opportunities from sexual misconduct receive appropriate support vanderbilt.edu/title-ix/ the University’s programs or activities. and fair treatment, and that allegations of sexual This Policy sets forth the specific types of conduct misconduct are handled in a prompt, thorough, and II. SCOPE OF POLICY that are prohibited, as well as the resources and equitable manner. A. Scope support services available to Vanderbilt community Relevant terms are defined in Sections II (below) members who have been affected by such conduct. and XIV (at the end of this Policy). This Policy and the Formal Grievance Protocol are Vanderbilt encourages everyone affected by intended to protect and guide individuals who have sexual misconduct, and everyone who suspects or Vanderbilt will review, evaluate, and make any been affected by sexual misconduct, whether as a witnesses such conduct, to report it and to seek help revisions or amendments to its policies and Complainant, a Respondent, or as a witness, and to and support from available resources. The University procedures on an ongoing and as-needed basis. provide fair and equitable procedures for investigation will take prompt and effective action to address The procedures outlined in this Policy and the and resolution of Reports and Complaints. allegations of sexual misconduct, and it will resolve accompanying Formal Grievance Protocol will apply complaints and reports in a timely and fair manner. to all Reports of sexual misconduct received by Whether this Policy or the Formal Grievance Protocol Vanderbilt’s Title IX Coordinator on or after August applies depends in part on the kind of conduct alleged and the setting where it is alleged to have occurred. 1 The effective date of this Sexual Misconduct Policy is 14 August 2020.
APPENDIX A. VANDERBILT UNIVERSITY SEXUAL MISCONDUCT POLICY 83 As noted above, when sexual misconduct meets and also includes any building owned or controlled a Report to a “Complaint” if Vanderbilt determines the criteria specified in the Title IX Regulations, by a student organization that is officially recognized that, in order to meet its Title IX obligations to effective August 14, 2020, it must be addressed by Vanderbilt. Under the Title IX Regulations, the provide a safe and nondiscriminatory environment under the Formal Grievance Protocol, and not this Formal Grievance Protocol does not apply to any for the broader Vanderbilt community, it must take overarching Sexual Misconduct Policy, to the extent “education program or activity” that does not occur further steps to address and resolve the matter. the processes differ. The Formal Grievance Protocol in the United States. (§ 106.44(a).) A Formal Complaint under the Formal Grievance applies to “sexual harassment” in a Vanderbilt Protocol is a type of Complaint. (See Formal “education program or activity” against a person Sexual misconduct that is not covered by the Formal Grievance Protocol, Section IV.A., regarding Formal in the United States. 34 C.F.R. § 106.44(a). “Sexual Grievance Protocol, such as off-campus sexual Complaints.) harassment” is defined in the Title IX Regulations (§ misconduct alleged to have an on-campus effect or 106.30) as conduct on the basis of sex that satisfies occurring during a study abroad program, may be A “Complainant” refers to an individual who is one or more of the following: addressed under this Sexual Misconduct Policy. alleged to have been subjected to an incident 1. A Vanderbilt faculty or staff member/employee of sexual misconduct (i.e., a First-Party Reporter conditioning the provision of an aid, benefit, B. Overview of Policy and Certain or a victim or person who has otherwise been or service on an individual’s participation in Key Definitions affected by sexual misconduct, or under the unwelcome sexual conduct (“quid pro quo”); Formal Grievance Protocol, an individual who Vanderbilt is authorized under this Sexual is alleged to be the victim of conduct that could 2. Unwelcome conduct determined by a Misconduct Policy and its accompanying Formal reasonable person to be so severe, pervasive, constitute sexual harassment). A Complainant Grievance Protocol to take certain actions to has certain rights under this Policy, as discussed and objectively offensive that it effectively address or remedy sexual misconduct after denies a person equal access to Vanderbilt’s below. A Reporter who reports sexual misconduct receiving a report of sexual misconduct (“Report”), happening to or affecting someone else (i.e., a education program or activity; or during an investigation, and after an investigation 3. Sexual assault, dating violence, domestic Third-Party Reporter) can file a Report and request even if the matter does not proceed to an that it be treated as a Complaint, but that does violence, or stalking. (These terms are defined adjudication. in the Definitions section below, Section XIV.) not make them a Complainant. Similarly, the fact Anyone can report an incident of sexual misconduct that the Title IX Coordinator converts a Report to a “Sexual misconduct” prohibited by this Policy to Vanderbilt under the procedure described in Complaint does not make the Title IX Coordinator a includes sex-based conduct beyond the Title Section VIII of this Policy. For example, a “Reporter” Complainant. IX Regulations’ “sexual harassment” definition. can be any individual who reports to Vanderbilt that A “party” to a case may refer to a Complainant, a Examples may include sexual exploitation and they are a victim or survivor of sexual misconduct or Respondent, or a third party. many forms of verbal harassment that may not that they have been affected by sexual misconduct meet the Title IX Regulations’ definition of “sexual (sometimes referred to as a “First-Party Reporter”) A “Respondent” refers to an individual who has harassment.” or that they have knowledge of sexual misconduct been accused of conduct that could constitute happening to or affecting someone else (sometimes sexual misconduct prohibited under this Policy (or, Additionally, the Formal Grievance Protocol referred to as a “Third-Party Reporter”). under the Formal Grievance Protocol, an individual required by the Title IX Regulations applies to a who has been reported to be the perpetrator of narrower set of circumstances than this Policy. The A Report becomes a “Complaint” if a First-Party conduct that could constitute sexual harassment). A Formal Grievance Protocol applies to a Vanderbilt Reporter files a written document with the Title Respondent has certain rights under this Policy, as “education program or activity,” which is defined IX Coordinator describing an incident of sexual discussed below, and under the Formal Grievance by the Title IX Regulations to include locations, misconduct and indicating that they want Protocol when that policy is applicable. events, or circumstances where Vanderbilt exercises Vanderbilt to take further steps, such as a full substantial control over both the Respondent and investigation and possibly holding an adjudication A “third party” refers to any other participant in the context in which the sexual harassment occurs, to resolve the matter. Vanderbilt can also convert the process, including a witness to the incident or
APPENDIX A. VANDERBILT UNIVERSITY SEXUAL MISCONDUCT POLICY 84 an individual who makes a Report on behalf of The following conduct is prohibited o a person similarly situated to a spouse someone else. of the victim under the domestic or under the University’s FGP. family violence laws of the school’s As used throughout this Policy, references to the 1. Sexual Harassment: “Sexual harassment” is jurisdiction, or “Title IX Coordinator” include any other person defined in the new Title IX Regulations (34 C.F.R. o any other person against an adult or youth expressly designated by the Title IX Coordinator to § 106.30), effective August 14, 2020, to be conduct victim who is protected from that person’s act on their behalf. on the basis of sex that satisfies one or more of the acts under the domestic or family violence following: laws of the school’s jurisdiction. Additional definitions are contained in Section XIV a. A Vanderbilt faculty or staff member/employee e. Sexual Assault: An act of sexually-motivated at the end of this Policy. conditioning the provision of an aid, benefit, physical contact directed towards another or service on an individual’s participation in person when the other person does not III. PROHIBITED CONDUCT unwelcome sexual conduct (“quid pro quo”); consent or is incapable of giving consent. This b. Unwelcome conduct determined by a includes but is not limited to rape, sodomy, A. Formal Grievance Protocol (FGP) reasonable person to be so severe, pervasive, sexual battery, fondling, incest, and statutory The Formal Grievance Protocol (FGP), as required and objectively offensive that it effectively rape. See Title IX Regulations, which cite to 20 by the Title IX Regulations (§ 106.44(a)), applies to denies a person equal access to Vanderbilt’s U.S.C. § 1092(f)(6)(A)(v). conduct that meets both: education program or activity; f. Stalking: The term “stalking” is defined in • A definitional requirement: conduct on the basis c. Dating Violence: The term “dating violence” the new Title IX Regulations by reference to of sex that constitutes “sexual harassment” and is defined in the new Title IX Regulations by federal statute 34 U.S.C. § 12291(a)(30), which • A jurisdictional requirement: conduct that reference to federal statute 34 U.S.C. § 12291(a) defines the term as engaging in a course of relates to a Vanderbilt “education program or (10), which defines the term as violence conduct directed at a specific person that activity” against a person in the United States on committed by a person who is or has been in would cause a reasonable person to fear for or after August 14, 2020 a social relationship of a romantic or intimate his or her safety or the safety of others, or nature with the victim; and where the existence suffer substantial emotional distress. An “education program or activity” includes of such a relationship shall be determined locations, events, or circumstances over which based on a consideration of the following Types of stalking could include, but are not Vanderbilt exercises substantial control over both factors: (i) the length of the relationship, (ii) the limited to: the Respondent and the context in which the sexual type of relationship, and (iii) the frequency of o Following the targeted person; harassment occurs, and also includes any building interaction between the persons involved in o Approaching or confronting that person in owned or controlled by a student organization that the relationship. a public place or on private property; is officially recognized by Vanderbilt. The Title IX d. Domestic Violence: The term “domestic o Persistent and unwelcome attempts to Regulations exclude any “education program or violence” is defined in the new Title IX contact the person by phone, electronic activity” that does not occur in the United States. (§ Regulations by reference to federal statute 34 communication (including via the internet 106.44(a).) U.S.C. § 12291(a)(8), which defines the term and cellphones), or regular mail, either as felony or misdemeanor crimes of violence anonymously or non-anonymously; Sexual misconduct that does not satisfy the committed between: o Vandalizing the person’s property or USDOE’s jurisdictional requirement, such as off- o individuals who are current or former leaving unwanted items for the person; campus behavior alleged to have an on-campus spouses or intimate partners, o Persistently appearing at the person’s effect, may be addressed under alternative o persons who share a child in common, classroom, residence, or workplace procedures, as provided in the Vanderbilt Sexual o persons who currently live together or without that person’s permission or Misconduct Policy, instead of this Protocol. have formerly lived together as spouses or other lawful purpose; intimate partners, o Cyber-stalking, in which a person follows,
APPENDIX A. VANDERBILT UNIVERSITY SEXUAL MISCONDUCT POLICY 85 observes, monitors, or surveils another If alleged sexual misconduct does not satisfy the her/them with, or on, any of these body parts person through the use of electronic Title IX Regulations’ jurisdictional criteria, such as without effective consent. media such as the Internet, digital media off-campus sexual misconduct (including sexual b. Non-Consensual Sexual Penetration: “Sexual networks, blogs, cell phones, texts or other harassment) alleged to have an on-campus effect penetration” is any vaginal and/or anal similar devices; and or occurring during a study abroad program, then penetration – however slight – by any body part o Using visual or audio recording devices or it may be addressed under this Sexual Misconduct (e.g., penis, tongue, or finger) or object, and/ hidden or remote cameras used without Policy. Such off-campus sexual harassment may or oral copulation (mouth to genital contact), the subject’s consent. be referred to as Non-Consensual Sexual Contact by any person upon another without effective The Title IX Regulations’ use of federal (“NCSC”) or Non-Consensual Sexual Penetration consent. Non-Consensual Sexual Penetration definitions of sexual assault, dating violence, (“NCSP”) (defined below) to avoid confusion also includes an individual causing someone domestic violence, and stalking may differ from between charges brought under this Policy else to penetrate him/her/them vaginally, state law. Accordingly, any criminal proceeding and its procedures as compared to the Title IX anally, or orally without effective consent. brought by state or local law enforcement Regulations’ “sexual harassment” definitions and c. Sexual Exploitation: Occurs when a person authorities may use different definitions. requirements, which are governed by Vanderbilt’s takes non-consensual or abusive sexual Formal Grievance Protocol. advantage of another for their own advantage B. Sexual Misconduct Policy (SMP) or benefit, or the benefit of anyone other than Sexual misconduct is conduct that is unwanted or the one being exploited. Examples of sexual “Sexual misconduct” is a broader term that covers unwelcome and is sexual in nature. Experiencing exploitation include, but are not limited to: other sex-based conduct beyond the USDOE’s sexual misconduct may interfere with a Vanderbilt o Non-consensual video or audio-taping of “sexual harassment” definition. Sexual misconduct community member’s ability to perform a job, sexual activity or other private activity, that does not satisfy the USDOE’s definition of participate in activities, and/or participate even if that activity occurs in a public or “sexual harassment” or the related jurisdictional fully in Vanderbilt’s education programs. semi-public place; requirements may be addressed under alternative Sexual misconduct is demeaning to others and o Non-consensual dissemination of video, procedures, as provided in the Vanderbilt Sexual undermines the integrity of the employment photographs, or audio of sexual activity Misconduct Policy, instead of the FGP. relationship and/or learning environment by or other private activity, including In addition, the following conduct, including creating an intimidating, hostile or offensive dissemination by a third party or a person facilitation/assistance of or attempts to commit the working or academic environment through not involved in the original conduct; same, is prohibited under the University’s Sexual verbal or physical conduct of a sexual nature. o Sexually-based blackmail or extortion; Misconduct Policy (SMP). Sexual misconduct is prohibited regardless of o Exceeding the boundaries of consent whether it occurs between or among members (such as covertly observing or permitting 1. Sexual Misconduct: Is a broad term that includes of any sex. Sexual misconduct may also consist others to covertly observe consensual what most people colloquially refer to as “rape,” but of inappropriate gender-based comments and sexual activity, videotaping (or otherwise also includes other forms of misconduct, including gender stereotyping, even if the acts do not involve recording) or permitting others to both “sexual harassment” as defined by the Title IX conduct of an overtly sexual nature. videotape (or otherwise record) a person Regulations and the more broad behaviors included a. Non-Consensual Sexual Contact: “Sexual using a bathroom or engaging in other in this section. It also encompasses other sexually- contact” is any contact of a sexual nature – private activities); motivated or gender-biased misconduct beyond however slight – with the breasts, buttocks, o Engaging in voyeurism, exposing one’s sexual harassment. Examples may include sexual groin, genitals, mouth, or other body part of breasts, buttocks, or genitals in a non- exploitation and many forms of verbal harassment another, by any person upon another without consensual circumstance or inducing that may not meet the Regulations’ definition of effective consent. This offense also includes another to expose their breasts, buttocks, “sexual harassment.” contact of a sexual nature involving an or genitals without effective consent; individual causing someone else to touch him/ o Procuring, offering for, or promoting
APPENDIX A. VANDERBILT UNIVERSITY SEXUAL MISCONDUCT POLICY 86 sexual exploitation of another person, pressure, as well as the degree of isolation of the relationship between the complainant or using another person for sex work or person being pressured. Sexual activity that is and the respondent may or may not be transactional sex for one’s own benefit; coerced is non-consensual. relevant to demonstrating or establishing, o Knowingly and non-consensually 3. Effective Consent: Is consent that is informed depending on the facts and circumstances, exposing someone to, or transmitting and freely and actively given. Effective consent whether effective consent was sought or to someone, a sexually transmitted requires mutually understandable words or obtained. Relevancy of a previous, current, infection or sexually transmitted actions indicating a willingness to engage in and/or subsequent sexual relationship disease. mutually agreed-upon sexual activity. between the complainant and respondent o Intentionally disclosing or threatening a. The person who wishes to engage in sexual or others will be evaluated on a case-by- to disclose the sexual orientation, activity with another bears the burden of case basis. gender identity, STI/STD status, and/ specifically obtaining effective consent. h. Effective consent expires. Effective consent or gender expression of another if the If effective consent is in question or lasts for a reasonable time, depending on person has kept, or sought to keep, ambiguous, then the person who wishes the circumstances. Thus, effective consent their status private from the person(s) to engage in sexual activity must clarify or on one occasion, whether on the same to whom it is disclosed; and explicitly ask for permission. day or another day, may not carry over to o Sexually-based stalking and/or b. There is no requirement for a person to another sexual interaction. bullying. resist, physically or otherwise, in order to i. Effective consent is never implied by a demonstrate a lack of effective consent. person’s attire, the person’s extension or C. Effective Consent and Related Effective consent means communicating acceptance of an invitation to dinner, a date Terms Under the FGP and SMP “yes” by word or action; the absence of (social function), or a person’s residence, saying or indicating “no” does not equate to or the person’s consensual participation in 1. Blacking Out: is an amnesia-like state that effective consent. kissing or other sexual activity. may be brought on by drugs, heavy drinking, c. Effective consent must be maintained j. Because effective consent must be or intoxication; blacking out is not necessarily by both parties throughout the sexual informed, an individual must not engage incompatible with the ability to engage in interaction. in sexual activity with another person if simple or even complex behavior. Afterwards the d. Effective consent to sexual activity may be the individual knows or reasonably should person has no recollection of all or part of the withdrawn at any time, at which point all know the person is incapacitated. events that occurred during the blackout. There sexual activity must cease immediately. k. Effective consent is deemed withdrawn at is a distinction between passing out (falling e. Effective consent for one form of sexual any point during sexual activity when an asleep or becoming unconscious) due to drug or activity does not constitute effective individual has become or is incapacitated. alcohol use and blacking out in that a person in consent for another form of sexual activity. l. Agreement or acquiescence obtained a blackout remains conscious and operative. f. When “no” to a form of sexual activity is through the use of fraud, force (actual or 2. Coercion: is conduct that would reasonably communicated by word or action, that implied), or other forms of coercion, as place an individual in fear of immediate or future sexual activity must cease immediately. defined below, is not effective consent. physical, emotional, or other harm and that is Repeated requests to engage in a form of m. Effective consent requires mutual used to pressure someone to engage in sexual sexual activity may amount to coercion, as understanding and agreement regarding contact. Coercion can include manipulation, explained below. the use and/or method of prophylaxis and intimidation, unwanted contact, or express or g. Previous sexual relationships of the contraception. implied threats of harm. In evaluating whether complainant and the respondent with n. A person’s age may be a factor in coercion was used, the University will consider others are generally irrelevant to the determining the ability to give effective whether pressure was applied and, if so, existence of effective consent, but a consent. For example, under Tennessee law, the frequency, intensity, and duration of the previous, current, and/or subsequent sexual a person who is under the age of 18 cannot
APPENDIX A. VANDERBILT UNIVERSITY SEXUAL MISCONDUCT POLICY 87 effectively consent to sexual intercourse person cannot make rational, reasonable or ethnic origin, age, disability, military service, with a person four or more years older than decisions because that person lacks the ability covered veterans status, or genetic information in its the underage person. to fully understand the who, what, where, or administration of educational policies, programs, or o. The existence of a cognitive disability or how of their sexual interaction. Determining activities; admissions policies; scholarship and loan other condition that significantly limits a whether an individual is incapacitated requires programs; athletic or other University-administered person’s ability to understand the nature an individualized assessment. Incapacitation programs; or employment. In addition, the University of an action for which effective consent is is a state beyond drunkenness or intoxication, does not discriminate against individuals on the requested may be a factor in determining in which alcohol, drugs, or other factors render basis of their gender expression consistent with the the ability to give effective consent. one unable to make fully informed judgments or University’s nondiscrimination policy. p. The existence of a physical disability or have an awareness of consequences. Evaluating other circumstances may prevent a person incapacitation also requires an assessment of As part of its commitment to maintaining a from giving effective consent. whether a Respondent knew or should have community free of discrimination, and in compliance q. The intoxication of a respondent does known of the other individual’s incapacitated with Title IX’s mandate, Vanderbilt will address not excuse the failure to obtain effective state. While incapacitation may be caused by allegations of sexual misconduct, including sexual consent. drugs or alcohol, it also includes the state of harassment and sexual assault, in a timely and being asleep, during which time a person is effective way, will provide resources as needed NOTE: Explicit and contemporaneous consent unable to provide effective consent. for affected persons (Reporters, Complainants, by all parties is required in advance for Respondents and third parties within the Vanderbilt any behaviors that fall under bondage and community), and will not tolerate retaliation against discipline, dominance and submission, and IV. TITLE IX AND any person who reports sexual misconduct. sadism and masochism (BDSM). Compliance NONDISCRIMINATION Any individual designated by Vanderbilt to have the with established boundaries, safe words, Title IX is a federal law that prohibits discrimination duty to report alleged sexual misconduct, sexual or other mechanisms to revoke consent in on the basis of sex in any federally funded education harassment and/or related retaliation (known as a encounters involving BDSM is also required. program or activity. Title IX prohibits use of federal “Mandatory Reporter”) and who fails to report such money to support sex discrimination in education conduct may be subjected to disciplinary action by References in the Formal Grievance Protocol to programs and provides individuals protection Vanderbilt. Vanderbilt’s definition of “consent” refer to this against such practices. definition of “Effective Consent.” Inquiries about the application of Title IX should In compliance with federal law, including the be directed to Vanderbilt’s Title IX Coordinator. With few exceptions, Vanderbilt prohibits provisions of Title VII of the Civil Rights Act of 1964, Additional information can be found on Vanderbilt’s romantic and/or sexual relationships between Title IX of the Education Amendments of 1972, website: vanderbilt.edu/title-ix/. certain members of the Vanderbilt community. Sections 503 and 504 of the Rehabilitation Act of (See Faculty Handbook—Consensual and 1973, the Americans with Disabilities Act (ADA) of Inquiries about the application of Title IX also can be Familial Interpersonal Relationships Policy; 1990, the ADA Amendments Act of 2008, Executive directed to the U.S. Department of Education’s Office Vanderbilt Employee Handbook—Relationships Order 11246, the Vietnam Era Veterans Readjustment for Civil Rights. in the Workplace.) Assistance Act of 1974 as amended by the Jobs for Veterans Act, the Uniformed Services Employment 4. Incapacitation: Means the lack of ability to and Reemployment Rights Act, as amended, and the V. RETALIATION make rational, reasonable judgments as a result Genetic Information Nondiscrimination Act of 2008, Vanderbilt expressly prohibits retaliation against of alcohol consumption, other drug use, sleep, Vanderbilt University does not discriminate against anyone arising from their actions to: 1) in good the taking of any so-called “date-rape” drug, individuals on the basis of their race, sex, sexual faith, report what they believe is sexual misconduct, unconsciousness, or blackout. An incapacitated orientation, gender identity, religion, color, national 2) participate in, or refuse to participate in, any
APPENDIX A. VANDERBILT UNIVERSITY SEXUAL MISCONDUCT POLICY 88 investigation or proceeding under this Policy Anyone who knowingly makes a false accusation and may extend such immunity to other individuals, or the Formal Grievance Protocol, or 3) oppose of prohibited conduct or retaliation of any form, in order to facilitate reporting and investigation of conduct that they believe to violate this Policy or including knowingly submitting false information sexual misconduct incidents. Individuals may be the Formal Grievance Protocol. Retaliation includes during the adjudicatory process, may be subject provided with resources on or referred for drug and intimidation, harassment, threats, or other adverse to an investigation for a potential violation of this alcohol assessment, counseling and/or education, action or speech against the person who reported Policy and may be subject to disciplinary action, as appropriate. The limited immunity provided the misconduct, the parties, and their witnesses. up to and potentially including termination for in this section does not apply to situations where Notwithstanding the provision in (2) above, staff, university employees and expulsion for students. an individual intentionally and non-consensually faculty, and employed postdoctoral fellows are provides or causes the consumption of alcohol or generally required to participate in University other drugs for the purpose of engaging in behavior investigations, including investigations of sexual VI. TIME CONSIDERATIONS prohibited by either this Policy or the Formal misconduct, and refusal to participate in such an FOR REPORTING AND FILING Grievance Protocol. investigation may result in disciplinary action, which COMPLAINTS is not considered retaliation under this Policy. There is no time limit for reporting incidents of VIII. AVAILABLE RESOURCES AND Vanderbilt will not only take steps to prevent sexual misconduct under this Policy, although RECOMMENDED IMMEDIATE STEPS retaliation, but it will also take strong corrective Vanderbilt encourages Reports to be made as soon FOLLOWING AN INCIDENT OF action if it occurs. Anyone who believes they have as possible. Any individual who has been subjected been the victim of retaliation should immediately to, or who knows of or has witnessed, an incident SEXUAL MISCONDUCT report it to the Title IX Coordinator, who will treat it of sexual misconduct is encouraged to report Any member of the Vanderbilt community who has as a Report. Any individual found to have retaliated the incident or file a Complaint immediately to experienced or been affected by sexual misconduct, against another individual will be in violation of maximize Vanderbilt’s ability to obtain information including prior to their affiliation with Vanderbilt, this Policy and will be subject to disciplinary action, and conduct an adequate, thorough, prompt, may seek immediate and/or ongoing assistance up to and potentially including termination for and impartial investigation. A delayed Report of from one or more of the resources outlined below. employees and expulsion for students. alleged sexual misconduct may result in the loss of Some of these resources are confidential; others are relevant information, evidence, and reliable witness subject to mandatory reporting requirements. This Vanderbilt does not prohibit any party from testimony, and may impair Vanderbilt’s ability to Policy indicates the level of confidentiality offered discussing their own experience. While Vanderbilt fully investigate the incident. by the listed resources. cannot prevent a party or witness from discussing the allegations under investigation, Vanderbilt Confidential Resources encourages parties to respect the sensitive nature VII. LIMITED IMMUNITY FOR Some resources are confidential. These of allegations of sexual misconduct. ALCOHOL AND OTHER DRUG VIOLATIONS confidential resources do not report any To the extent any person receives another person’s information about an incident to the Title IX confidential information (such as medical or Vanderbilt recognizes that individuals with Office without the permission of the person psychological treatment records) solely as a result information about sexual misconduct may be consulting them. Confidential resources include: of participation in any investigation or proceeding hesitant to provide that information if they fear that • Vanderbilt University Counseling Center: under this Policy or the Formal Grievance Protocol, in doing so, they would have to reveal their own (615) 322-2571 such confidential information may not be re- violation of other University policies. Therefore, • Work/Life Connections—Employee Assistance disclosed outside of such forums. This provision while Vanderbilt does not condone any violations Program: (615) 936-1327 does not apply to any information learned outside of its policies, the University will generally extend • Pastoral counselors acting in that capacity, which of an investigation or proceeding under this Policy limited immunity for possession or use of alcohol may include the Vanderbilt Office of the University or the Formal Grievance Protocol. or drugs and any resulting intoxication to students, Chaplain and Religious Life: (615) 322-2457
APPENDIX A. VANDERBILT UNIVERSITY SEXUAL MISCONDUCT POLICY 89 • Medical professionals acting in a patient-care Without disclosing personally identifying staff will disclose all relevant information to the role, such as the Student Health Center, the information about the victim, the Project Safe appropriate University authorities, including, but not Vanderbilt University Medical Center Emergency Center will notify the Title IX Office of the nature, limited to, the Title IX Office. Department, or other clinics or hospitals date, time, and general location of an incident. This notification helps keep the Title IX Office Project Safe Center staff will provide non- Off-campus counselors and health care providers informed of the general extent and nature of sexual identifying information, similar to that provided to will also generally maintain confidentiality and violence on and off campus, and allows for tracking the Title IX Office, to the Vanderbilt University Police refrain from sharing information with the University patterns, evaluating the scope of the problem, and Department (VUPD) for crime statistics reporting unless the person consulting them requests the formulating appropriate campus-wide responses. under the Clery Act. The information reported may disclosure and signs a consent or waiver form. The Project Safe Center will also notify the Title result in the issuance of a timely warning or security However, under state or federal law, all resources IX Office of the name of the alleged perpetrator, if notice to the community, but the warning will not may have other reporting obligations. For example, known, when the alleged perpetrator is affiliated include any information that identifies the victim. healthcare providers and certain other individuals with Vanderbilt University as a faculty member, For more information about the services provided are required to notify law enforcement when staff member, postdoctoral fellow/trainee, teaching by the Project Safe Center and for contact someone seeks treatment for injuries caused by a assistant, independent contractor, adviser, or in information for Project Safe Center staff, please visit violent crime, including sexual assault. Similarly, any other similar capacity, other than as a student. the Project Safe Center website. all persons are required to notify law enforcement (However, the Title IX Office in most cases cannot or the Department of Children’s Services (DCS) proceed to investigate the matter under the Title IX when they receive a report of any abuse of a minor. Regulations in the absence of a Formal Complaint.) Contact Information for Resources Anyone who at first uses a confidential resource Any member of the Vanderbilt University may later decide to make a report to a non- Project Safe Center staff can assist in providing community who has experienced sexual misconduct confidential resource, such as the Title IX Office or additional information, including potentially may seek immediate and/or ongoing assistance law enforcement. identifying information, to the Title IX Office, if the from one or more of the following resources. The victim so wishes. Anyone who at first notifies Project resources listed will provide assistance whether or Limited Confidential Resource Safe Center staff may later decide to make a report not the individual chooses to make a report to the Project Safe is a limited confidential resource at to the Title IX Office or law enforcement. Project Title IX Office or law enforcement, or to participate Vanderbilt. The office contact number is (615) Safe Center staff can assist a victim with seeking in an investigation. 322-7233. Individuals who work at the Project Safe supportive and protective measures; however, the Center, including front desk staff and graduate provision of supportive measures that involve a VICTIM ADVOCACY SERVICES Confidential (Limited) assistants, can generally talk to any person non-confidential University department or impact impacted by sexual misconduct without revealing another person may require the disclosure of • Vanderbilt Project Safe Center Support Line any personally identifying information about an identifying information to the relevant department (24/7/365) incident to others within the University. A person and person as well as the Title IX Office. While (615) 322-SAFE (7233) can seek assistance and support from Project Project Safe Center staff may maintain a victim’s Safe Center staff without initiating a Report to the confidentiality vis-a-vis the University, they may have LAW ENFORCEMENT University that could reveal that person’s identity reporting obligations under state and federal law. Not Confidential, VUPD is a Mandatory Reporter or that the person has disclosed the incident. In addition, if Project Safe Center staff determines that • Vanderbilt University Police Department However, a person who self-discloses to Project the respondent poses a serious and/or immediate (615) 322-2745 Safe Center Staff that the person engaged in a threat to the University community (based on, for Emergency: 911 or (615) 421-1911 possible violation of this Policy may not be covered example, the nature and severity of the incident or a • Metro Nashville Police Department by limited confidentiality. pattern of alleged misconduct), Project Safe Center (615) 862-8600 Emergency: 911
APPENDIX A. VANDERBILT UNIVERSITY SEXUAL MISCONDUCT POLICY 90 MEDICAL SERVICE PROVIDERS • Margaret Cuninggim Women’s Center The medical service providers listed above are Confidential* (615) 322-4843 available to treat injuries and possible sexually (But required to notify law enforcement when a person • Office of LGBTQI Life transmitted infections and diseases, as well as for seeks treatment for injuries caused by a violent crime) (615) 322-3330 other health services and consultations. If a forensic • Vanderbilt University Medical Center • Bishop Joseph Johnson Black Cultural Center examination is requested, one can be performed Emergency Services (615) 322-2524 at the Student Health Center (Monday through (615) 322-0160 Friday, 8:00 am to 4:30 pm) or the Vanderbilt RESOURCES IN THE COMMUNITY University Medical Center Emergency Department • For Students: Student Health Center No Mandatory Report to Vanderbilt (615) 322-2427 (ED) (24/7/365) by a Sexual Assault Nurse Examiner • For Faculty and Staff: Occupational • Nashville Sexual Assault Center Hotline (SANE) on site. Please note that medical treatment Health Clinic (800) 879-1999 and a forensic examination may aid in the (615) 936-0955 • YWCA Crisis and Information Line identification and preservation of physical evidence (800) 799-SAFE (7233) associated with the assault and can be performed COUNSELING SERVICES • RAINN/National Sexual Assault Hotline even if a person does not wish to proceed with an Confidential (800) 656-4673 investigation at that time. A forensic exam facilitates the identification and preservation of physical • For Students: • 1 in 6: 24-hour Helpline Chat evidence associated with the assault. • Vanderbilt University Counseling Center 1in6.org/helpline/ (for male survivors over 18 years of age) (615) 322-2571 Tennessee law requires all medical personnel to • Vanderbilt Office of the University • National Suicide Prevention Lifeline (800) 273-8255 report to law enforcement when a person seeks Chaplain and Religious Life treatment for injuries caused by a violent crime, (615) 322-2457 • Trans Lifeline (877) 565-8860 including sexual assault. Medical personnel are also • For Faculty and Staff: required to report to law enforcement and/or DCS • Work/Life Connections— • Saint Thomas Midtown Hospital Emergency Department when a minor presents for treatment for any injury Employee Assistance Program or condition that reasonably indicates it was caused (615) 936-1327 (615) 284-5555 • Nashville General Hospital at Meharry by violence or abuse, including physical or sexual • Faculty and Physician Wellness Program abuse. Medical personnel are also required to (615) 936-1327 Emergency Department (615) 341-4000 report to law enforcement and/or Adult Protective • Nurse Wellness Program Services when certain vulnerable adults present (615) 936-1327 • TriStar Centennial Medical Center Emergency Department and there is reasonable belief that they are victims of adult abuse, neglect, or exploitation. ADDITIONAL SUPPORT FOR VANDERBILT (615) 342-1000 STUDENTS Upon request, a Victim Resource Specialist from Not Confidential, Mandatory Reporters Additional Information the Project Safe Center will meet a student at a • Office of the Dean of Students VUPD and MNPD are available for emergency medical service provider, law enforcement agency, (615) 322-6400 response, facilitating medical transport, or other location for assistance or consultation. • Office of Housing and Residential Experience investigating incidents of a criminal nature, Project Safe Center Victim Resource Specialists (615) 322-2591 referrals to community support resources, are available 24 hours a day, 7 days a week, 365 • Office of Student Care Coordination and advice concerning and/or assistance with days a year. The Project Safe Center, Work/Life (615) 343-9355 preserving evidence. VUPD also provides support Connections - Employee Assistance Program, • Center for Student Wellbeing for crime victims and is available to accompany Faculty and Physician Wellness Program, Nurse (615) 322-0480 them to court. Wellness Program, and the community resources
APPENDIX A. VANDERBILT UNIVERSITY SEXUAL MISCONDUCT POLICY 91 listed above are also available to assist members of Vanderbilt strongly encourages all individuals Vanderbilt defines all faculty and staff the Vanderbilt community. Students, faculty or staff to report incidents of sexual misconduct even as mandatory reporters except certain members, and postdoctoral fellows/trainees seen if the individual does not intend to pursue a “confidential resources” and “limited at the Vanderbilt University Medical Center ED may Complaint. Even if Vanderbilt does not have confidential resources” staff. The University’s also obtain support through the Nashville Sexual jurisdiction over the Respondent, Vanderbilt may mandatory reporters include, but are not Assault Center. take prompt action to provide supportive measures limited to, the following employees or for the safety and well-being of any affected person categories of employees: Immediate Priority—Preserving Evidence: To help and the broader Vanderbilt community. No person • Faculty members and teaching/graduate/ preserve evidence, individuals who have experienced should assume that an incident has already been research assistants sexual assault are advised not to change clothes or reported by someone else or that Vanderbilt already • Senior leadership (e.g., Chancellor, Provost, bedding, take a shower, douche, or clean up until knows about a particular situation. To make a Vice Chancellors, and Deans, including evidence has been collected by the police or SANE. Report to Vanderbilt, a reporting individual may do Associates and Assistants) Evidence may still be available even after someone one or more of the following: • Title IX Coordinator and staff in the Title IX and has changed clothes or cleaned up/showered. Student Discrimination Office Therefore, any clothes or bedding that may contain 1. Report the incident to the Title IX Coordinator • Staff in the Equal Employment Opportunity evidence should be left unfolded and undisturbed, if via email to [email protected], in Office possible. If clothing or bedding must be moved, each person, via the online reporting form, by mail, • Staff in Student Access Services item should be kept separate to prevent transfer of or by phone. See Section I for the Title IX • Staff in Vanderbilt University Public Safety body fluids or other trace evidence. Any potentially Coordinator’s contact information. Mandatory • Staff in the Office of Student Accountability, relevant video, audio, photographs, text messages, Reporters should direct their Reports to the Community Standards, and Academic Integrity messages through other social media applications or Title IX Coordinator. Other Reporters are • Staff in the Office of Student Care Coordination outlets (e.g., Snapchat, Facebook, Twitter, Instagram, encouraged, but not required, to direct their • Staff and graduate assistants in the Office of the Tinder, Grindr, etc.), emails, voicemails, written Reports to the Title IX Coordinator. Dean of the Students notes, or any other media, including hard-copy 2. Disclose the incident to a Mandatory Reporter • Staff, graduate assistants, and resident advisers documents, should be preserved by anyone who other than the Title IX Coordinator. Generally, in the Office of Housing and Residential possesses such evidence. with the exception of the confidential resources Experience discussed above, a University employee • Staff and graduate assistants in the Office of the to whom a community member reports an IX. OPTIONS AND PROCEDURES Dean of the Ingram Commons incident of sexual misconduct is a Mandatory • Student and faculty VUceptors FOR REPORTING OR DISCLOSING Reporter. This includes faculty members, • Faculty Heads of House, Faculty in Residence, TITLE IX INCIDENTS OF SEXUAL teaching assistants, and most staff. A non- and Faculty Directors in Living Learning MISCONDUCT exhaustive list of Mandatory Reporters is Communities contained in Appendix A at the end of this • Other professional staff working within the A. Options for Reporting to Policy. If a person chooses to make an initial Provost’s areas, including departmental Vanderbilt Under this Policy report to any Mandatory Reporter other program coordinators than the Title IX Coordinator, the Mandatory Anyone can report an incident of sexual misconduct • Professional staff, graduate assistants, and Reporter must refer the information to the to Vanderbilt (a “Report”). A Report can be made coaches in the Department of Athletics Title IX Coordinator because the Title IX Office by any individual who has experienced sexual • Designated staff in Human Resources has responsibility for responding to Reports misconduct, who has been affected by sexual • Administrative Compliance Officer in the of sexual misconduct. Once the information misconduct, or who has knowledge of sexual Office of Audit, Risk, and Advisory Services is received by the Title IX Coordinator, it will misconduct happening to or affecting someone else. • Staff in the Office of Risk and Insurance constitute a Report. A Report may be made anonymously (see Section X). Management
APPENDIX A. VANDERBILT UNIVERSITY SEXUAL MISCONDUCT POLICY 92 Mandatory Reporters are required by (under this policy or the Formal Grievance Protocol, including suspected child sexual abuse. Community Vanderbilt to report to the Title IX Coordinator as applicable) or, if applicable, an Informal members making a report in good faith are any knowledge they receive of possible Resolution involving the Respondent; may choose protected from criminal and civil liability for making violations of this Policy. Mandatory Reporters to be involved in Vanderbilt’s investigation and a report. Vanderbilt also requires members of the must relay all known information about any any related proceedings; or may choose to end University community to make an internal report to reported Policy violation, including but not involvement in the process. the Office of Risk and Insurance Management. For limited to: the names of involved individuals, questions about the Protection of Minors policy, the nature of the incident, and the time and NOTE: Public awareness events, such as email [email protected]. location of the incident. A non-exhaustive list of “Take Back the Night,” the Clothesline Project, Mandatory Reporters is contained in Appendix candlelight vigils, protests, “survivor speak-outs,” B. Options for Confidential and A at the end of this Policy. and other forums in which students disclose Limited Confidential Resources incidents of sexual violence, including meetings If a Mandatory Reporter believes a person may or other events organized by Rooted in Resilience, Confidential Resources a support group led by the Project Safe Center intend to share any information regarding an Rather than making a Report, individuals staff, are not considered notice to the University instance of sexual misconduct, the Mandatory can confidentially discuss incidents of sexual of sexual misconduct for purposes of initiating Reporter should seek to confirm that the misconduct with one of the following Vanderbilt its obligation to address any particular incident. reporting party understands the Mandatory “confidential resources”: To ensure that an event meets this definition, the Reporter’s reporting obligations. If the reporting • Vanderbilt University Counseling Center: organizing party must obtain clearance through party would prefer to speak with a confidential (615) 322-2571 the Office of the Dean of Students. Such events resource, the Mandatory Reporter should direct • Work/Life Connections—Employee Assistance may, however, inform the need for campus- the reporting party to a confidential resource. Program: (615) 936-1327 wide education and prevention efforts, and See Section X for information about confidential • Pastoral counselors acting in that capacity, which the University may provide information about and anonymous reporting. may include the Vanderbilt Office of the University students’ Title IX rights at these events. Chaplain and Religious Life: (615) 322-2457 Once the Title IX Coordinator learns of any Report Vanderbilt University is dedicated to the welfare • Medical professionals acting in a patient-care of alleged sexual misconduct, whether from a direct and safety of minors who are enrolled as Vanderbilt role, such as the Student Health Center, the Report or from a Mandatory Reporter, they will University students, who visit Vanderbilt’s campus, Vanderbilt University Medical Center Emergency implement supportive measures as needed and and who participate in Vanderbilt’s programs and Department, or other clinics or hospitals initiate an investigation into the alleged incident. activities. Minors (excluding those enrolled as The form of the investigation may vary, including Disclosures made to these confidential resources Vanderbilt University students) participating in if the conduct alleged is governed by the U.S. will be held in strict confidence and will not Vanderbilt programs and activities are expected Department of Education’s Title IX Regulations, in constitute a Report to Vanderbilt under this Policy. to be supervised while on campus, and every which case Vanderbilt’s Formal Grievance Protocol In other words, these confidential resources do adult member of the Vanderbilt community will apply. Following an investigation, which not report any information about an incident to is required to follow the Protection of Minors includes assessment of the allegations, the Title the Title IX Coordinator without the permission of (POM) Policy ( IX Coordinator has authority to resolve a Report, vanderbilt.edu/riskmanagement/ the person consulting them. These confidential ), including the Code of including the implementation of any supportive pompolicyJune2018.php resources may assist individuals with making Conduct When Interacting with Minors. Everyone measures, and close the case if the Report does not Reports or filing Complaints if, and only if, the (not limited to individuals who interact with minors) constitute or become a Complaint. Complainant requests that they do so or if there is is required by Tennessee law to report to DCS or an emergency in which the Complainant cannot law enforcement any type of known or suspected After making a Report, an individual may choose to report the alleged sexual misconduct. file or request a Complaint and pursue resolution abuse, neglect, or inadequate care of a minor,
APPENDIX A. VANDERBILT UNIVERSITY SEXUAL MISCONDUCT POLICY 93 Limited Confidential Resource X. FILING A COMPLAINT OF believes to be relevant (e.g., time, location and nature of incident, names of individuals involved As described above, individuals can contact the SEXUAL MISCONDUCT in or witnesses to the incident, names of other Vanderbilt Project Safe Center, including through its If an individual wishes to pursue an incident of persons affected by the incident, etc.). Alternatively, Support Line (24/7/365): (615) 322-SAFE (7233). For sexual misconduct beyond simply reporting it, an individual can file a Complaint by meeting with more information about the services provided by they may file a Complaint. The filing of a Complaint the Title IX Coordinator or designee and providing the Project Safe Center and for contact information means that the individual is asking Vanderbilt to a verbal description of the sexual misconduct, for Project Safe Center staff, please visit the Project take further steps, such as a full investigation and which the Title IX Office will use to draft a written Safe Center website. possibly holding an adjudication to resolve the document that the individual will review, verify and alleged issue. Any Complainant (i.e., an alleged sign to constitute a Complaint. C. Options for Notifying Law victim or survivor or someone who has otherwise Enforcement Authorities been directly affected by sexual misconduct) B. Action Following the Filing may file a Complaint, and Vanderbilt will treat it Individuals can, but are not required to, notify law of a Complaint as such. Any Third-Party Reporter may request enforcement authorities about any incident of that Vanderbilt treat their Report as a Complaint, Vanderbilt will investigate all Complaints of sexual alleged sexual misconduct, including by dialing but that request would not make the Third-Party misconduct. A Complaint meeting the criteria of the (911), calling the Metro Nashville Police Department Reporter into a Complainant, and Vanderbilt has Formal Grievance Protocol (a “Formal Complaint”) at (615) 862-8600, and/or calling VUPD at (615) 421- discretion on whether to treat the Third-Party will proceed according to that Protocol instead of 1911 (emergency) or (615) 322-2745. Individuals Report as a Complaint. the provisions below. can also contact other law enforcement agencies, depending on the location of the incident. Notifying To meet its Title IX obligations to provide a safe and For a Complaint that does not meet the criteria of law enforcement authorities other than VUPD nondiscriminatory environment for the broader the Formal Grievance Protocol, Vanderbilt’s process will not constitute a Report to Vanderbilt under Vanderbilt community, Vanderbilt may convert a will typically involve an investigation phase and this Policy, but it may or may not result in such Report into a Complaint if Vanderbilt determines some subsequent process to determine whether authorities reporting relevant information back to that it must take additional steps to protect the this Policy has been violated. In matters where the Vanderbilt which Vanderbilt will investigate. Vanderbilt community. Respondent is a student, a Resolution Hearing will be used to determine whether the Respondent Individuals can request assistance from Vanderbilt Depending on the conduct alleged and the location is responsible or not responsible for having faculty and staff in notifying appropriate law of the incident, a Complaint will be governed by violated this Policy, except in the circumstances enforcement authorities, which Vanderbilt either this Policy or the accompanying Formal described below. In matters where the Respondent encourages them to provide. Requesting such Grievance Protocol. A Formal Complaint under the is not a student, a determination of whether the assistance from a Mandatory Reporter will Formal Grievance Protocol is a type of Complaint. Respondent is responsible or not responsible for constitute a Report as described above. (See Formal Grievance Protocol, Section IV.A., having violated the policy will be made by the regarding Formal Complaints, and Sections I-II of Title IX investigator. In some instances, an Informal D. Option to Not Report each policy for descriptions of the scope of each Resolution also may be an option for resolving a Individuals can choose not to notify Vanderbilt or respective policy.) Complaint. any law enforcement authorities about an alleged incident of sexual misconduct, except that all A. Filing a Complaint C. Where the Formal Grievance persons are required to notify law enforcement or Anyone seeking to file a Complaint of individual Protocol does not apply, the Title the Department of Children’s Services (DCS) when or institutional sexual misconduct may do so with IX Coordinator will have discretion they receive a report of any abuse of a minor. the Title IX Coordinator. Complaints must be in to resolve a Complaint, without writing and include all information that the filer additional fact-finding or a
APPENDIX A. VANDERBILT UNIVERSITY SEXUAL MISCONDUCT POLICY 94 determination of responsibility, in In all circumstances, the Title IX Coordinator will an anonymous Report may be limited, particularly the following circumstances: have authority to provide supportive measures and to the extent that the conduct alleged would be make accommodations consistent with Section subject to the Formal Grievance Protocol. Vanderbilt (1) if Vanderbilt lacks jurisdiction; XI below and take other measures consistent the will attempt to investigate anonymous Reports under (2) if a case involves a Vanderbilt employee Vanderbilt Student Handbook; and for employee this Policy, but without being able to collect evidence (including faculty, staff member, employed matters, the Associate Vice Chancellor for Business from and ask follow-up questions to a Reporter, the postdoctoral fellow, or contract services Services or their designee shall have authority to potential for discipline may be lessened as compared employee), the Title IX Coordinator will take action consistent with the Vanderbilt Human to personal Reports. The Title IX Coordinator will coordinate with the designated person in Resources policies. receive the anonymous Report and will determine Human Resources or the appropriate Dean any appropriate steps, including individual or about appropriate processes and/or resolution; D. A person may withdraw a community remedies as appropriate. (3) if the allegations could not constitute a Policy Complaint. violation under any alleged circumstances; The University provides several resources for (4) if the Complaint is eligible for the Informal If a Complaint is withdrawn, Vanderbilt will assess anonymous reporting for individuals who do not Resolution process and the Complainant and the information provided as it would any Report wish to be identified. Anonymous reports of sexual Respondent both consent to participate in the and proceed accordingly. misconduct may be made via the online reporting Informal Resolution process, with such consent form. Individuals may also report anonymously to obtained independently from each person by the the Project Safe Center at (615) 322-7233 or through Title IX Coordinator to avoid a risk of coercion; XI. CONFIDENTIAL AND the Vanderbilt University Compliance Reporting (5) if the Complaint was requested by a Third- ANONYMOUS REPORTING Hotline, an independently-operated compliance Party Reporter who reported witnessing As discussed above in Section VIII.B., individuals hotline that may be used to report incidents of sexual misconduct happening to or affecting can confidentially discuss incidents of sexual apparent wrongdoing on campus. The Compliance someone else, the Title IX Coordinator will misconduct with Vanderbilt’s “confidential Reporting Hotline is available 24 hours a day, 7 days have discretion to resolve the Complaint resources” and “limited confidential resource” staff; a week, 365 days a year at 844-814-5935 or on the or to provide modified hearing procedures, those discussions will remain confidential and not website. Students may report anonymously to the particularly to account for the alleged victim’s be considered a Report to Vanderbilt. Community Standards hotline at (615) 343-7867. wishes (e.g., if they do not wish to pursue the Complaint as a First-Party Complainant); This Section X relates to situations in which a Vanderbilt encourages third parties to report (6) if either Complainant or Respondent, or both, Reporter wants to make a Report to Vanderbilt (e.g., incidents of sexual misconduct to the Title IX Office, cease to be a Vanderbilt student or employee so an investigation process may begin) in which the VUPD, or the Metro Nashville Police Department prior to final resolution of the Complaint (e.g., Reporter wishes to remain anonymous or wishes for (MNPD). Third parties may also report incidents to a student withdrawal or employee is no longer Vanderbilt to keep certain information confidential. any Mandatory Reporter or through the anonymous employed by Vanderbilt), the Title IX Coordinator reporting resources identified above. The University Any individual can make an anonymous Report will have discretion to resolve the Complaint or to may not be able to move forward based on a of a violation of this Sexual Misconduct Policy. provide modified hearing procedures; or Third-Party Report if the victim does not wish to An individual may report the incident without (7) if the Respondent admits responsibility cooperate and/or proceed with an investigation. disclosing their name, identifying a Complainant or for a violation, the Title IX Coordinator will After providing a Report, third parties are not a Respondent, or requesting any action. Vanderbilt have discretion to resolve the Complaint or entitled to information about the University’s will attempt to investigate such Reports, but to provide modified procedures to help the investigation and response due to privacy concerns depending on the extent of information available relevant decision-maker determine appropriate and applicable federal and state laws. about the incident or the individuals involved, sanctions. Vanderbilt’s ability to investigate and respond to A Reporter can also make a Report disclosing their name but requesting confidentiality. An
APPENDIX A. VANDERBILT UNIVERSITY SEXUAL MISCONDUCT POLICY 95 affected person who is the subject of a third- individual prior to making the disclosure to anyone determines such measures are necessary. Supportive party’s Report can also request confidentiality. beyond necessary school officials. Any such measures are non-disciplinary and non-punitive In such instances, if they also request that no disclosure will be limited to individuals with a need individualized services available to the parties investigation or disciplinary action be pursued, to know such information. before or after a Complaint is filed or where no the Title IX Coordinator will respect the request for Complaint has been filed. The Title IX Coordinator confidentiality as long as only personal supportive Vanderbilt does not prohibit any party from shall have responsibility for coordinating the measures are requested and grounds do not discussing their own experience. While Vanderbilt effective implementation of supportive measures, exist to convert the Report into a Complaint. A cannot prevent a party or witness from discussing in consultation with other university offices and request for confidentiality cannot be granted in the the allegations under investigation, Vanderbilt departments, such as the Project Safe Center and case of a Complaint. Further, in some instances, encourages parties to respect the sensitive nature the Dean of Students Office. In cases involving Vanderbilt may deny or modify a request for of allegations of sexual misconduct. To the extent faculty and staff who request supportive measures, confidentiality when weighed against Vanderbilt’s any person receives another person’s confidential the Title IX Coordinator will confer with Human obligation to provide a safe and non-discriminatory information (such as medical or psychological Resources or the appropriate Dean. Some of these environment, considering many factors, including: treatment records) solely as a result of participation supportive measures also may continue in effect • The seriousness of the alleged misconduct; in any investigation or proceeding under this Policy after an investigation is closed or as sanctions or • Whether there have been other Reports of or the Formal Grievance Protocol, such confidential accommodations, depending on the outcome of Sexual Misconduct against the Respondent information may not be re-disclosed outside of the matter. Examples of supportive measures that known by Vanderbilt; such forums. This provision does not apply to any Vanderbilt may consider and elect to implement for • Whether the Respondent has allegedly information learned outside of an investigation students include, but are not limited to: threatened further misconduct or violence; or proceeding under this Policy or the Formal • access to on-campus counseling services and • Whether the alleged misconduct was committed Grievance Protocol. assistance in setting up an initial appointment; by multiple perpetrators; • Mutual No-contact Directives; In all instances, Vanderbilt prohibits retaliation • Whether the alleged misconduct involved use of • rescheduling or extension of academic exams against anyone who reports a potential Title a weapon; and assignments; IX incident or participates in a Title IX process. • The age of the individual subjected to the • providing alternative course completion options; Vanderbilt officials will not only take steps to alleged misconduct; • changing class schedules, including the ability prevent retaliation but also take strong responsive • Whether Vanderbilt possesses other means to transfer course sections, withdraw from, or re- action if it occurs. to obtain relevant evidence of the alleged take a course; misconduct; In all cases of alleged sexual misconduct under • providing academic support services • Whether the Report reveals a pattern of this Policy reported to the Title IX Coordinator, • changing work schedules, job assignments, or misconduct at a particular location or by a Vanderbilt will investigate and implement job locations for University employment; particular individual or group of individuals; and supportive measures. Please note that • changing residence hall assignments; • The accused individual’s right to receive Vanderbilt’s ability to investigate and respond • providing an escort for transit between information about the allegations if the fully to an incident may be limited because of University classes and activities; information is maintained by Vanderbilt requests for confidentiality or to not proceed • providing academic support services, such as as an “education record” under the Family with disciplinary action. tutoring; Educational Rights and Privacy Act (FERPA), if • restrictions, which may include limiting or applicable. barring access to certain facilities or activities; XII. SUPPORTIVE MEASURES • student-requested leaves of absence. In an instance where Vanderbilt determines it In cases of reported alleged sexual misconduct, must deny or modify a request for confidentiality, Vanderbilt may implement supportive measures Examples of supportive measures that Vanderbilt the Title IX Coordinator will inform the requesting immediately or at any time that Vanderbilt may consider and elect to implement for faculty,
APPENDIX A. VANDERBILT UNIVERSITY SEXUAL MISCONDUCT POLICY 96 staff, and postdoctoral fellows/trainees may a student organization that is officially recognized sufficient time to prepare before conducting an include, but are not limited to: by Vanderbilt, or if they otherwise seek to attend interview with the Respondent. The Title IX Office • access to on-campus counseling services any Vanderbilt education program or activity or will provide the Complainant and Respondent a through Work/Life Connections (EAP) and event, so that the Complainant may be given transcript of their own interview for their review and assistance in setting up an initial appointment; an opportunity to receive supportive measures approval. The parties will have three (3) business • changing work schedules, job assignments, or if needed. The Respondent’s student records days to review and offer corrections to their job locations; also may be marked to indicate their departure transcript. If a party does not submit comments • limiting or barring access to certain Vanderbilt- during a disciplinary process (which may resume within three (3) business days, the Investigator will owned facilities or activities; if they return to Vanderbilt), but will not indicate proceed with the transcript as drafted. • providing an escort for transit around campus. that such Respondent was found or assumed responsible for any alleged misconduct pending at For Reports, the Title IX Coordinator or their Supportive measures will be balanced based on the time of departure. designee will conduct an initial investigation. If the facts collected, seriousness of the allegations, that initial investigation demonstrates that the and the potential safety risks posed to the case implicates Vanderbilt’s Title IX obligations to Vanderbilt community. Supportive measures are XIII. INVESTIGATION AND provide a safe and nondiscriminatory environment designed to restore or preserve equal access to RESOLUTION PROCESSES WHEN for the broader Vanderbilt community, the Title IX Vanderbilt’s education program and activities THE RESPONDENT IS A STUDENT Coordinator may treat the Report as a Complaint without unreasonably burdening the other party, and follow the Complaint processes outlined in this This Section describes Vanderbilt’s investigation including measures designed to protect the safety Policy. If the Title IX Coordinator determines that and resolution processes for cases in which of all parties and Vanderbilt’s educational or work the Report does not implicate Vanderbilt’s Title IX the Respondent is a student and in which the environment, as well as to deter sexual misconduct. obligations, then after the Title IX Coordinator’s conduct alleged does not fall within the scope Vanderbilt will maintain as confidential any investigation, implementation of any supportive of the Vanderbilt Formal Grievance Protocol. personal supportive measures provided only to measures, and finalization of any investigation Determinations in these cases will be made using the Complainant or only to the Respondent, to the memo, the Title IX Coordinator will be authorized to the preponderance of the evidence standard. extent that maintaining such confidentiality would close the matter. not impair its ability to provide the supportive For Complaints, the Title IX Coordinator measures (e.g., not applicable to mutual no contact A. Investigation will appoint an Investigator to handle the directives). Vanderbilt will investigate all Reports of sexual misconduct reported to the Title IX Coordinator investigation. This Investigator will be a different Vanderbilt may also implement supportive regardless of whether the Report becomes a person than the Title IX Coordinator. Following measures that affect the broader Vanderbilt Complaint. The investigation and adjudication the investigation, the Investigator will draft an community and that are aimed to eliminate procedures (if needed) will be prompt, fair, and investigation report succinctly describing all occurrences of sexual misconduct and to promote impartial. The process typically will begin with intake collected information. Prior to completion of the academic and employment environments free of meetings conducted by the Title IX Coordinator. The investigative report, Vanderbilt will send to each such conduct. investigation phase may include interviewing the party, and the party’s adviser if any, a preliminary Complainant/First-Party Reporter, the Respondent, investigative report and the evidence subject If a Respondent student withdraws from and any witnesses; reviewing law enforcement to inspection and review. The evidence will be Vanderbilt while a Report or Complaint is pending, investigation documents if applicable; reviewing available at any hearing, to give each party equal supportive measures for the Complainant may be relevant student or employment files; and gathering opportunity to refer to such evidence during continued. The Respondent may be required to and examining other relevant documents and the hearing, including for purposes of cross- notify the Title IX Coordinator if they intend to visit evidence. The Title IX Coordinator or designee will examination. Vanderbilt retains discretion to elect any building owned or controlled by Vanderbilt or notify the Respondent of the investigation with to send such materials in an electronic format or
APPENDIX A. VANDERBILT UNIVERSITY SEXUAL MISCONDUCT POLICY 97 a hard copy. The provision of such evidence may The Investigator will not make any recommendation The Title IX Coordinator will make an initial decision include data security safeguards that prevent it as to whether a Policy violation has occurred about whether a case qualifies for an Informal from being downloaded, printed or forwarded. or potential sanctions. Depending on how the Resolution, and if both parties then agree to pursue Complaint proceeds, the investigation report and that path, Vanderbilt will halt any investigation or The parties will have ten (10) days to submit a other materials related to the investigation may be scheduled Resolution Hearing so that the parties written response to the preliminary investigative presented at a Resolution Hearing and/or may be can explore the possibility of Informal Resolution. report. Any such comments are limited to no more presented during an Informal Resolution process. Participation in an Informal Resolution is voluntary, than ten (10) double-spaced pages with one (1) and either party can request to end the Informal inch margins and twelve (12) point font must be Vanderbilt will make reasonable efforts to balance Resolution conference at any time and return the submitted by email attachment to the Investigator and protect the rights of the parties during any investigation or proceeding to its pre-conference by no later than 5 pm on the tenth (10th) day investigation commenced under this Policy. Vanderbilt status. If the parties agree to a resolution during following the date the parties receive the evidence. will respect the privacy of the parties and any an Informal Resolution process, the Title IX Requests for extensions must be submitted to witnesses in a manner consistent with Vanderbilt’s Coordinator will oversee its implementation, the the Investigator prior to the expiration of the ten obligations to investigate the alleged incident and Complaint will be deemed withdrawn, and the (10)-day period. The investigator will consider take appropriate interim and/or corrective action. The matter will be terminated. However, the resolution any such response prior to completion of the final Title IX Coordinator will keep the parties reasonably will be considered binding, and its breach would investigative report. informed of the status of the investigation. give rise to a new Complaint, which may restart the investigation and/or Resolution Hearing process. The investigator will then create a final investigative Both Complainants and Respondents may utilize report that fairly summarizes the relevant evidence, Advisers throughout the investigation process, C. Resolution Hearing typically within 90 business days of the date the including to accompany them to any hearing, Respondent received notice of the investigation. conference, or related disciplinary proceeding. A Resolution Hearing is Vanderbilt’s disciplinary The final investigative report will not make any Advisers are not permitted to directly participate proceeding through which a Sexual Misconduct recommendation as to whether a Protocol violation in Resolution Hearings or Informal Resolution Adjudicator evaluates evidence related to a has occurred or potential sanctions. At least ten (10) conferences; they may be present solely to advise or Complaint to determine whether a student days prior to a hearing, Vanderbilt will send the final support the party and are prohibited from speaking Respondent is responsible or not responsible for a investigative report to each party simultaneously, directly to the Investigator, the Sexual Misconduct violation of this Policy, based on the criteria of “a and the party’s adviser if any, for their review and Adjudicator, other parties, or witnesses. preponderance of evidence.” Under this standard, written response. Any such response must be the burden of proof is met and a Respondent may received by the Title IX Coordinator within ten days B. Informal Resolution be found responsible for a Policy violation if the Sexual Misconduct Adjudicator determines that of when the final investigative report was delivered For Complaints with a student Respondent, at the it is more likely than not that the Respondent to the party, so that the party’s response may be discretion of the Title IX Coordinator, the parties committed the violation. If the Respondent is found available for consideration by the adjudicator. Any may opt to pursue an Informal Resolution as an in violation of the Policy, the Respondent may be such comments are limited to no more than ten (10) alternative to a Resolution Hearing. An Informal subjected to disciplinary action. double-spaced pages with one (1) inch margins and Resolution involves a remedies-based, non-judicial twelve (12) point font must be submitted by email process designed to eliminate or address potential attachment to the Investigator by no later than 5 pm The Sexual Misconduct Adjudicator will not be the sexual misconduct. This process aims to assure same person as either the Title IX Coordinator or on the tenth (10th) day following the date the parties fairness, to facilitate communication, and to receive the evidence. If warranted, the investigator the Investigator. Cases will be adjudicated by a maintain an equitable balance of power between trained third-party adjudicator. may choose to update the final investigative report the parties. Vanderbilt will not compel face-to-face to take a party’s response into account, in which case confrontation between the parties or participation Respondents are entitled to, and will receive the hearing date may be postponed. in any particular form of Informal Resolution. the benefit of, a presumption that they are not
APPENDIX A. VANDERBILT UNIVERSITY SEXUAL MISCONDUCT POLICY 98 responsible for the alleged conduct until the When necessary for the pursuit of truth and to hearing, except for conducting cross examination. grievance process concludes and a determination gather evidence sufficient to reach a determination, At the hearing, the adjudicator will typically ask regarding responsibility is issued. If the Respondent the Sexual Misconduct Adjudicator has discretion to questions first, before either adviser. Subsequently, is found responsible for a violation of this Policy, the ask the Title IX Coordinator or designee to request each party’s adviser is permitted to ask the other Respondent may be subjected to disciplinary action. additional witnesses after receipt of the parties’ party and any witnesses all relevant questions and witness lists; recognizing, however, that Vanderbilt follow-up questions, including those challenging At the request of either party, Vanderbilt will generally has no ability to compel any witness credibility. Cross examination at the live hearing conduct the live hearing with the parties located in to attend. Any such requested witness will be must be conducted directly, orally, and in real time separate rooms. Technology must enable the Sexual disclosed to the parties. by the party’s adviser of choice, and never by a party Misconduct Adjudicator and parties to simultaneously personally. If a party does not have an adviser present see and hear the party or witness answering Vanderbilt may, within its discretion, require the at the live hearing, Vanderbilt will provide without fee questions. Live hearings may, then, be conducted parties to participate in a pre-hearing conference or charge to that party, an adviser who may be, but with all parties physically present in the same with their advisers and the adjudicator. is not required to be, an attorney, to conduct cross- location, or any or all parties, witnesses and other examination on behalf of that party. If a party does At the hearing, all relevant evidence will be participants may appear at the live hearing virtually. not have an adviser for the hearing, the party must objectively evaluated by the adjudicator. Relevant Vanderbilt will create a transcript or recording (audio notify the Title IX Coordinator or designee no later evidence is any evidence that may tend to make the or audiovisual) of any adjudicative hearing. It will be than the party’s pre-hearing disclosures. Otherwise, allegations at issue more or less likely to be true. available to the parties for inspection and review in the hearing may be delayed, and the appointed i.e., “inculpatory” or corroborating evidence and accordance with the requirements of FERPA. adviser may have less time to prepare for the hearing. “exculpatory” or contradicting evidence. Credibility Vanderbilt will make available a pool of trained The Title IX Coordinator or designee will identify determinations will not be based on a person’s advisers from which the party may select an adviser. the Sexual Misconduct Adjudicator to the parties status as a Complainant, Respondent, or witness. five days in advance of the hearing. Either party Questions and evidence about the Complainant’s Only relevant cross-examination and other may challenge a named adjudicator if believed to sexual predisposition or prior sexual behavior questions may be asked of a party or witness. have a conflict of interest or bias. A challenge must are not relevant, unless: (1) offered to prove that Before a party or witness answers a cross- be delivered in writing to the Title IX Coordinator someone other than the Respondent committed the examination or other question, the Sexual or designee at least two days in advance of the conduct alleged; or (2) if the questions and evidence Misconduct Adjudicator must first determine hearing, specifying the reasons for such belief. The concern specific incidents of the Complainant’s whether the question is relevant and explain any Title IX Coordinator or designee has the discretion prior sexual behavior with respect to the decision to exclude a question as not relevant. to keep or replace the challenged adjudicator, and Respondent and are offered to prove consent. While If a party or witness does not submit to cross- if replaced, will postpone the hearing to allow for a all relevant evidence presented at a hearing by the examination at the live hearing, the adjudicator replacement adjudicator. parties will be considered, the Sexual Misconduct must not rely on any statement of that party or Adjudicator has discretion to grant lesser weight to witness in reaching a determination regarding Ten days in advance of the hearing, the parties last-minute information or evidence introduced at responsibility. The adjudicator cannot, however, will identify their Adviser and any witnesses they the hearing that was not previously presented for draw an inference about the determination request to the University be present at the hearing, investigation by the Investigator. regarding responsibility based solely on a party’s or via writing to the Title IX Coordinator or designee, witness’s absence from the live hearing or refusal to who will supply the disclosure to the other party. Each party may be accompanied to the hearing answer cross-examination or other questions. The parties will not be strictly bound to their by the adviser of their choice, who may be, but is disclosures, but they should be submitted in good not required to be, an attorney. Advisers may be The Sexual Misconduct Adjudicator will issue a written faith. The University will contact the witnesses that present solely to advise or support the party and are determination, typically within 10 days following the each party has identified and make all reasonable prohibited from speaking directly to the investigator, hearing. Based on a preponderance of the evidence, efforts to have the witnesses present at the hearing. adjudicators, other parties, or witnesses during the
APPENDIX A. VANDERBILT UNIVERSITY SEXUAL MISCONDUCT POLICY 99 the adjudicator will decide if the respondent is Range of Sanctions and Remedies reasonably available to the appealing party before or responsible for engaging in the conduct alleged, and if during the time of the hearing or the dismissal, then so, what disciplinary action may be appropriate. The Sanctions the written appeal must include such information. If written determination will include: • Expulsion the grounds for appeal is an allegation of conflict of • Identification of the allegations potentially • Suspension interest or bias, the notice of appeal must describe constituting sexual harassment under this Policy; • Disciplinary Probation with specificity the basis upon which such conflict • A description of the procedural steps taken • Deferred Disciplinary Probation of interest or bias is alleged and how it allegedly from the receipt of the Complaint through the • Educational Conference affected the outcome. The Title IX Coordinator retains determination, including any notifications to the discretion to verify and/or waive minor procedural parties, interviews with parties and witnesses, D. Appeals variations in the timing and content of the appeal site visits, methods used to gather evidence, and Appeals can only be raised on one or more of the submission. hearings held; following grounds: (1) a procedural irregularity Upon receipt of an appeal, Vanderbilt will: • Findings of fact supporting the determination; that affected the outcome of the matter; (2) new • Conclusions regarding the application of this 1. Notify the other party in writing when evidence that was not reasonably available to the the appeal is filed and implement appeal Policy to the facts; appealing party before or during the time of the • A statement of, and rationale for, the result as to procedures equally for both parties; hearing and that could alter the decision; (3) the 2. Ensure that the Appellate Officer is not the each allegation, including: Title IX Coordinator, Investigator, or Adjudicator(s) o A determination regarding responsibility; same person as the decision-maker that had a conflict of interest or bias for or against reached the original determination regarding o Any disciplinary sanctions the adjudicator complainants or respondents generally or against imposes on the respondent; and responsibility or dismissal, the investigator(s), the appealing party individually that affected the or the Title IX Coordinator; o Whether remedies designed to restore outcome of the matter; (4) The determination or preserve equal access to Vanderbilt’s 3. Ensure that the Appellate Officer does not cannot reasonably be supported by the evidence; or have a conflict of interest or bias for or against education program or activity will be (5) the severity of the sanction. provided to the Complainant; and Complainants or Respondents generally or an • Procedures and permissible bases for the parties Either Complainant or Respondent may appeal any individual Complainant or Respondent, and to appeal the determination. Sexual Misconduct Adjudicator decision. Appeals must that the Appellate Officer has received the be submitted in writing to the Title IX Coordinator or appropriate and necessary training; The written determination will be provided to the designee within 10 days of the date that the written 4. Give both parties a reasonable, equal parties simultaneously. adjudication determination is provided to the parties. opportunity to submit a written statement in support of, or challenging, the outcome. Supportive Measures also may be provided to the Any such appeal is limited to no more than ten (10) Complainant that are designed to restore or preserve double-spaced pages with one (1) inch margins and twelve (12) point font must be submitted by email Vanderbilt will provide a copy of the appeal to the equal access to Vanderbilt’s education program non-appealing party. The non-appealing party may or activity, even if they are not listed in the written attachment to the Title IX Coordinator or designee by no later than 5 pm on the tenth (10th) day following submit a written statement within 10 days that may determination. Remedies and Supportive Measures seek to affirm the initial decision and/or respond to that do not impact the Respondent should not be the date the parties receive the final report. The written appeal must state the ground(s) for the the appeal statement. Any such statement is limited disclosed in the written determination; rather, the to no more than ten (10) double-spaced pages with determination should simply indicate that “remedies appeal, include the name of the appealing party, and bear evidence that it was submitted by the appealing one (1) inch margins and twelve (12) point font will be provided to the Complainant.” The Title IX must be submitted by email attachment to the Title Coordinator or designee is responsible for effective party. The appeal statement must contain a sufficient description supporting the grounds for appeal. If the IX Coordinator or designee by no later than 5 pm implementation of any remedies and Supportive on the tenth (10th) day following the date the non- Measures. grounds for appeal is to consider new evidence that could affect the outcome of the matter that was not appealing receives the appeal.
APPENDIX A. VANDERBILT UNIVERSITY SEXUAL MISCONDUCT POLICY 100 The Title IX Coordinator has discretion to impose • In cases where the Appellate Officer deems the When the Complainant is not a or withhold any applicable sanctions or supportive determination cannot reasonably be supported Student and the Respondent is measures prior to the appeal deadline and prior to by the evidence, the Appellate Officer will the resolution of any appeal. reverse the determination. Faculty or a Postdoctoral Fellow/ Trainee The Appellate Officer will issue a written decision In instances where the Complainant is not a student describing the result of the appeal and the XIV. INVESTIGATION AND and the Respondent is faculty or a postdoctoral rationale for the result within a reasonably prompt RESOLUTION PROCESSES WHEN fellow/trainee, the Investigator will draft an time frame, typically within 10 days following THE RESPONDENT IS NOT A investigative report that includes findings of the receipt of all appeals materials. The appeal will investigation and a determination regarding whether determine whether the adjudicator made an error STUDENT the Respondent violated the Policy. The Title IX on the grounds alleged in the appeal statement. If the Respondent is not a student, and the Formal Coordinator will review the investigative report The appeal is typically determined based on the Grievance Protocol is not required under Section and send to the faculty or postdoctoral fellow/ existing record, but the appeal decision-maker 106.30 of the Title IX Regulations, then some of trainee Respondent’s Dean, who is responsible for has discretion to convene a limited or full hearing the procedures for investigation and resolution sanctioning, as well as any other applicable process. if needed. The appeal decision will be given may differ from the processes involving student Any review of the findings and sanction would take simultaneously to both parties. Respondents described in Section XII, above. The report and notification processes, however, will be place under the Faculty Manual for faculty, and The Appellate Officer will take action on the appeal consistent with the processes described in Section XII. any applicable policy based on the status of the based on the relevant ground for appeal as set Determinations in these cases will be made using postdoctoral fellow/trainee. The Title IX Coordinator forth below: the preponderance of the evidence standard. or designee will inform the Complainant and the • In cases where there has been a material Respondent of the determination as to whether the procedural error sufficient to affect the When the Complainant is not a Respondent violated the Policy. Complainants will be informed of the outcome if the case involved determination posed, the Appellate Officer Student and the Respondent is Staff will remand the case to the Title IX Office with allegations of sexual assault, dating or domestic instructions, as appropriate. In instances where the Complainant is not a student violence, or stalking. • In cases where the Appellate Officer deems and the Respondent is staff, the Investigator will there is new evidence that was not reasonably draft an investigative report that includes findings When the Complainant is a Student available to the appealing party at the time of of the investigation and a determination regarding and the Respondent is Staff or the hearing or dismissal, that could affect the whether the Respondent violated the Policy. The Faculty or a Postdoctoral Fellow/ outcome of the matter, the Appellate Officer Title IX Coordinator will review the investigative will remand the case to the Title IX Office with report and send to the staff Respondent’s Manager/ Trainee instructions, as appropriate. Department Head, as well as Human Resources, In instances where the Complainant is a student • In cases where the Appellate Officer deems the who are responsible for sanctioning, as applicable. and the Respondent is either staff, faculty, or Title IX Coordinator or Investigator had a conflict of Any review of the findings and sanction would a postdoctoral fellow/trainee, the Investigator interest or bias for or against the Complainant or the take place under applicable Human Resources will provide the Respondent the opportunity to Respondent generally or the individual Complainant policies or the Collective Bargaining Agreement (if review the evidence gathered in the investigation or Respondent that affected the outcome of the applicable). The Title IX Coordinator or designee prior to making a determination whether the matter, the Appellate Officer will refer the case to the will inform the Complainant and the Respondent Respondent violated the Policy. The Title IX Associate Vice Chancellor for Equal Access to assure of the determination as to whether the Respondent Office may redact non-party names and sensitive the University provides a resolution process without violated the Policy. Complainants will be informed of information from the evidence. The Respondent conflict of interest or bias. the outcome if the case involved allegations of sexual may view the redacted information by scheduling assault, dating or domestic violence, or stalking.
APPENDIX A. VANDERBILT UNIVERSITY SEXUAL MISCONDUCT POLICY 101 an appointment with the Title IX Office. The which Procedures apply based upon the facts and to verify and/or waive minor procedural variations Respondent may submit written comments on the circumstances of the case. in the timing and content of the appeal submission. evidence. Any such comments are limited to no more than ten (10) double-spaced pages with one Appeals Upon receipt of an appeal, Vanderbilt will notify the other party in writing when the appeal is filed (1) inch margins and twelve (12) point font and In investigations in which students are must be submitted either by hand delivery to the and implement appeal procedures equally for Complainants, the parties may appeal the both parties. Vanderbilt will provide a copy of the Title IX Office, 110 21st Avenue South, Suite 975, or determination by the Title IX Office. Appeals can by email attachment to the Investigator by no later appeal to the non-appealing party. Both parties will only be raised on one or more of the following have a reasonable, equal opportunity to submit than 5pm on the tenth (10th) day following the date grounds: (1) a procedural irregularity that affected the Respondent receives the evidence. Requests for a written statement in support of, or challenging, the outcome of the matter; (2) new evidence that the outcome. The non-appealing party may submit extensions must be submitted to the Title IX Office was not reasonably available to the appealing party prior to the expiration of the ten (10)-day period. a written statement within 10 days that may seek before or during the time of the hearing and that to affirm the initial decision and/or respond to Following review of any comments submitted could alter the decision; (3) the Title IX Coordinator and additional investigation, as appropriate, the the appeal statement. The non-appealing party’s or Investigator had a conflict of interest or bias for written statement must be no longer than ten (10) Investigator will prepare the investigative report or against complainants or respondents generally that includes findings of the investigation and a double-spaced pages with one (1) inch margins and or against the appealing party individually that twelve (12) point font. The Title IX Coordinator has determination whether the Respondent violated affected the outcome of the matter; and (4) the the Policy. The Title IX Coordinator will provide the discretion to impose or withhold any applicable determination cannot reasonably be supported by sanctions or supportive measures prior to the appeal report on the findings of the investigation to the the evidence. Complainant and the Respondent. Complainants deadline and prior to the resolution of any appeal. will be informed of the outcome if the case involved Appeals must be submitted in writing to the Title The Appellate Officer will issue a written decision allegations of sexual assault, dating or domestic IX Coordinator within 10 days of the date that the describing the result of the appeal and the rationale violence, or stalking. written adjudication determination is provided to for the result within a reasonably prompt time the parties. The notice of appeal must be no longer When the Respondent is not a frame, typically within 10 days following receipt than ten (10) double-spaced pages with one (1) inch of all appeals materials. The appeal is determined Vanderbilt Student, Staff, Faculty, or margins and twelve (12) point font. The written based on the existing record, the petition, any new Postdoctoral Fellow/Trainee appeal must state the ground(s) for the appeal, evidence in the petition that was not reasonably include the name of the appealing party, and bear available for presentation to the Title IX Office When the VU Title IX Office receives a complaint evidence that it was submitted by the appealing against a person who is not a member of and the introduction of which could reasonably party. The appeal statement must contain a be expected to change the Title IX Office’s the community (a Third Party), the Title IX sufficient description supporting the grounds for Coordinator has the discretion to determine the determination, and any written responses. The appeal. If the grounds for appeal is to consider appeal decision will be provided simultaneously most appropriate way to address the complaint. new evidence that could affect the outcome of the Vanderbilt’s ability to take appropriate corrective to both parties. The appeal decision will be also be matter that was not reasonably available to the provided to the following persons: action against a Third Party will be determined appealing party before or during the time of the by the nature of the Third Party’s relationship to • Staff Respondent: The staff Respondent’s hearing or the dismissal, then the written appeal Manager/Department Head, as well as Human Vanderbilt. The Title IX Coordinator will determine must include such information. If the grounds for the appropriate manner of resolution in accordance Resources; appeal is an allegation of conflict of interest or bias, • Faculty Respondent: The faculty Respondent’s with Vanderbilt’s commitment to a prompt and the notice of appeal must describe with specificity equitable process and consistent with state Dean; and the basis upon which such conflict of interest or • Post-doctoral fellow/trainee: The appropriate and federal law, regulations, guidance, and this bias is alleged and how it allegedly affected the Policy. The Title IX Coordinator will determine Dean(s). outcome. The Title IX Coordinator retains discretion
APPENDIX A. VANDERBILT UNIVERSITY SEXUAL MISCONDUCT POLICY 102 The Appellate Officer will take action on the appeal individuals who have received training to serve as conduct that could constitute sexual harassment). A based on the relevant ground for appeal as set forth Advisers, but parties retain the right to select their Reporter who reports witnessing sexual misconduct below: own Adviser if they so choose. happening to or affecting someone else (i.e., a • In cases where there has been a material Third-Party Reporter) can file a Report and request procedural error sufficient to affect the Appellate Officer: Refers to a trained individual that it be treated as a Complaint, but that does not determination posed, the Appellate Officer that hears and decides appeals of findings and make them a Complainant. Similarly, the fact that will remand the case to the Title IX Office with sanctions imposed by the Sexual Misconduct the Title IX Coordinator may convert a Report to a instructions, as appropriate. Adjudicator (defined below). The Appellate Complaint does not make the Title IX Coordinator a • In cases where the Appellate Officer deems Officer in a particular case will have had no prior Complainant. there is new evidence that was not reasonably involvement in the case. This Appellate Officer is available to the appealing party at the time of authorized to affirm, remand, or reverse the original Consent: See Effective Consent in Section III the hearing or dismissal, that could affect the findings and/or sanctions recommended by the above. outcome of the matter, the Appellate Officer Sexual Misconduct Adjudicator. Once issued, the In addition to the regulatory will remand the case to the Title IX Office with Appellate Officer’s decision is final. Dating Violence: definition in Section III above, Vanderbilt defines instructions, as appropriate. Complaint: Refers to a written complaint filed with Dating Violence for the purposes of this Policy as • In cases where the Appellate Officer deems the the Title IX Coordinator alleging any action, policy, sexual, psychological, or physical abuse or the Title IX Coordinator or Investigator had a conflict procedure or practice that would be prohibited by threat of such abuse committed by a person who of interest or bias for or against the Complainant this Policy and indicating that they want Vanderbilt is or has been in a social relationship of a romantic or the Respondent generally or the individual to take further steps, such as a full investigation or intimate nature with the person against whom Complainant or Respondent that affected the and possibly holding an adjudication to resolve the dating violence is perpetrated. The existence outcome of the matter, the Appellate Officer will the alleged issue. A Complaint may be filed by of a social relationship of a romantic or intimate refer the case to the Associate Vice Chancellor a Complainant. A third-party who knows of or nature may be determined by the length of the for Equal Access to assure the University witnessed an incident of Sexual Misconduct but relationship, the type of relationship, the frequency provides a resolution process without conflict of who did not suffer such misconduct themselves of the interactions between the persons involved interest or bias. may request that Vanderbilt treat their third-party in the relationship, and other relevant contextual • In cases where the Appellate Officer deems the Report as a Complaint. Vanderbilt can convert a factors. Whether the alleged conduct constitutes determination cannot reasonably be supported Report to a Complaint if Vanderbilt determines that, abuse or the threat of abuse will depend on a by the evidence, the Appellate Officer will in order to meet its Title IX obligations to provide number of factors, including, but not limited to, reverse the determination. a safe and nondiscriminatory environment for the the nature, severity, and frequency of the conduct. broader Vanderbilt community, it must take further Whether a party was acting in self-defense may also XV. DEFINITIONS steps to address and resolve the matter. A Formal be considered. Dating violence does not include acts Complaint under the Formal Grievance Protocol is a covered under the definition of domestic violence. Please also refer to Section II.B. for more type of Complaint. See Formal Grievance Protocol, information about certain key definitions. Section IV.A., regarding Formal Complaints. Domestic Violence: In addition to the regulatory definition in Section III above, Vanderbilt defines Adviser: Refers to an attorney or a non-attorney Complainant: Refers to an individual who is Domestic Violence for the purposes of this Policy adviser who can provide assistance to the alleged to have been subjected to an incident as sexual, psychological, or physical abuse or the Complainant or the Respondent during Resolution of sexual misconduct (i.e., a First-Party Reporter threat of such abuse committed between: Hearings, Informal Resolution conferences, and or a victim or person who has otherwise been • individuals who are current or former spouses or any other stage of the processes covered by affected by sexual misconduct, or under the Formal intimate partners, this Policy, although they are not permitted to Grievance Protocol governing sexual harassment, • persons who share a child in common, directly participate. Vanderbilt will provide a list of an individual who is alleged to be the victim of • persons who currently live together or have
APPENDIX A. VANDERBILT UNIVERSITY SEXUAL MISCONDUCT POLICY 103 formerly lived together as spouses or required to report possible violations of this Policy includes assessment of the allegations, the Title • intimate partners, to the Title IX Coordinator or the Title IX Office staff, IX Coordinator has authority to resolve a Report, • a person similarly situated to a spouse of the including disclosures that occur in an academic including the implementation of any supportive victim under the domestic or family setting or that are related to a pre-matriculation measures, and close the case if the Report does not • violence laws of the school’s jurisdiction, or incident. Mandatory reporters must report names, constitute or become a Complaint. • any other person against an adult or youth if known, and all relevant details about the alleged victim who is protected from that person’s sexual misconduct, so that the University can take After making a Report, an individual may choose to • acts under the domestic or family violence laws steps to address the matter promptly, including end their involvement in the process; may choose of the school’s jurisdiction. identifying support resources, and resolve it to be involved or not be involved in Vanderbilt’s fairly. Vanderbilt defines all faculty and staff as investigation and related proceedings; or may Formal Complaint: See Complaint above. See also mandatory reporters except certain “confidential choose to file or request a Complaint and pursue Formal Grievance Protocol, Section IV.A. resources” and “limited confidential resources” resolution (under this policy or the Formal staff. (See Section VIII above.) Grievance Protocol, as applicable) or, if applicable, Formal Grievance Process: The process described an Informal Resolution involving the Respondent. in the Formal Grievance Protocol for addressing and Preponderance of Evidence: Refers to the standard Vanderbilt strongly encourages all individuals to resolving a Formal Complaint, as required by the by which it is determined at a hearing whether report incidents of sexual misconduct even if the new Title IX Regulations, effective August 14, 2020. or not a violation of this Policy has occurred, and individual does not intend to pursue a Complaint. means that an act of sexual misconduct is “more Informal Resolution: A process intended to allow likely than not” to have occurred. This standard Reporter: Refers to an individual who notifies the the Complainant and the Respondent to provide applies for all claims of sexual misconduct. Title IX Coordinator or a Mandatory Reporter of an information about the alleged incident(s) of sexual alleged violation of this Policy. A Reporter can be misconduct, and to reach a mutually agreeable Report: Refers to any communication that puts a any individual who reports to Vanderbilt that they resolution. An Informal Resolution process may Vanderbilt official with authority to take corrective are a victim or survivor of sexual misconduct; that take many forms upon the agreement of the parties action (e.g., the Title IX Coordinator) on notice of they have been affected by sexual misconduct; or and the Title IX Coordinator. This process aims to an allegation that sexual misconduct occurred that they have knowledge of sexual misconduct assure fairness, to facilitate communication, and to or may have occurred. Anyone can report an happening to or affecting someone else. maintain an equitable balance of power between incident of sexual misconduct to Vanderbilt the parties. under the procedure described in Section VIII of Resolution Hearing: Refers to Vanderbilt’s this Policy. Notice may be given directly to the disciplinary proceeding through which the Sexual Investigator: Refers to an official(s) designated by Title IX Coordinator (“actual notice”) or to any Misconduct Adjudicator evaluates evidence the Title IX Coordinator to conduct an investigation Mandatory Reporter who has a duty to report related to a Complaint to determine whether a of alleged sexual misconduct. The Investigator will such information to the Title IX Coordinator. Once Respondent is in violation of this Policy, based on be a trained individual who objectively collects and the Title IX Coordinator learns of any Report of the criteria of a preponderance of evidence. This examines the facts and circumstances of potential alleged sexual misconduct, whether from a direct process differs from the Formal Grievance Process violations of this Policy and documents them for Report or from a Mandatory Reporter, they will for sexual harassment required by the new Title IX review. The Investigator will be neutral and will implement supportive measures as needed and Regulations, effective August 14, 2020. not have a conflict of interest or bias against the initiate an investigation into the alleged incident. Respondent: Refers to an individual who has Complainant or Respondent. The Investigator may The form of the investigation may vary, including been accused in a Report or Complaint of act as a witness in the event of a Resolution Hearing. if the conduct alleged is governed by the U.S. conduct that could constitute sexual misconduct Department of Education’s Title IX Regulations, in Mandatory Reporter: Refers to an individual who prohibited under this Policy (or, under the Formal which case Vanderbilt’s Formal Grievance Protocol is obligated to report any knowledge they may have Grievance Protocol governing sexual harassment, will apply. Following an investigation, which of sexual misconduct. Mandatory reporters are an individual who has been reported to be the
APPENDIX A. VANDERBILT UNIVERSITY SEXUAL MISCONDUCT POLICY 104 perpetrator of conduct that could constitute sexual harassment).
Sexual Assault: See Sexual Harassment below, Subsection A.
Sexual Exploitation: See Sexual Misconduct below, Subsection C.
Sexual Misconduct Adjudicator: Refers to the decision maker(s) who considers cases brought under this Policy. The Adjudicator hears the facts and circumstances of an alleged Policy violation as presented by the Investigator, a Complainant, a Respondent and/or witnesses at a Resolution Hearing. This Adjudicator is responsible for determining if a Policy violation has occurred and whether/what sanctions are appropriate.
Stalking: See Sexual Harassment above, Subsection D.
Title IX: Refers to a comprehensive federal law that prohibits discrimination on the basis of sex in any federally funded education program or activity. Title IX prohibits the use of federal money to support sex discrimination in education programs and provides individual citizens effective protection against those practices.
Title IX Regulations: The U.S. Department of Education enacted revised Title IX Regulations (Part 106 of Title 34 of the Code of Federal Regulations), effective August 14, 2020, that are binding on Vanderbilt under certain circumstances involving sexual harassment, as that term is defined by the Regulations. The most extensive changes to the Title IX Regulations appear in 34 C.F.R. §§ 106.30, 106.44 and 106.45.
APPENDIX A. VANDERBILT UNIVERSITY SEXUAL MISCONDUCT POLICY 105 APPENDIX
TABLE OF CONTENTS
Section I: Introduction Section II: Scope of Protocol Section III: USDOE Statements of Equitable Treatment Section IV: Formal Grievance Process VANDERBILT A. Formal Complaint B B. Title IX Coordinator UNIVERSITY Initial Responsibilities C. Notice of Allegations FORMAL GRIEVANCE D. Investigation Procedure E. Adjudication F. Appeals PROTOCOL G. Informal Resolution Section V: Retaliation As Required by the U.S. Department of Education Title IX Regulations (34 C.F.R. § 106.45, effective August 14, 2020)
APPENDIX B. VANDERBILT UNIVERSITY FORMAL GRIEVANCE PROTOCOL 106 I. INTRODUCTION Coordinator, Title IX’s live hearing requirements, the II. SCOPE OF PROTOCOL appeals process, and related topics. As required by the U.S. Department of Education • Section V explains that Vanderbilt will not retaliate This Formal Grievance Protocol, as required by the (USDOE), effective August 14, 2020, this Formal against any person for that person’s involvement in Title IX Regulations (§ 106.44(a)), applies to conduct Grievance Protocol (Protocol) addresses certain the Title IX process. that meets both: allegations of sexual misconduct subject to the Title • A definitional requirement: conduct on the basis IX Regulations as set forth in Section II, below. This This Formal Grievance Protocol, as dictated by the of sex that constitutes “sexual harassment” and Protocol contains citations to the applicable sections of USDOE, along with the comprehensive Vanderbilt • A jurisdictional requirement: conduct that relates the Title IX Regulations (34 C.F.R. Part 106) throughout. Sexual Misconduct Policy, are intended to define, to a Vanderbilt “education program or activity” For the complete Vanderbilt Sexual Misconduct address, and remedy sexual misconduct for members against a person in the United States on or after Policy (the Policy), which addresses allegations of of the Vanderbilt community (defined for purposes August 14, 2020. sexual misconduct beyond the scope of the Title IX of this Protocol to include faculty, staff, students, Regulations, please click here. postdocs, trainees, and those who use Vanderbilt A. Definitional Requirement facilities as well as those who are seeking to participate “Sexual harassment” is defined in the Title IX This Formal Grievance Protocol proceeds in four in Vanderbilt’s educational and employment programs, Regulations (§ 106.30) to be conduct on the basis of additional sections: such as applicants for admission or employment). • Section II defines the scope of this Formal sex that satisfies one or more of the following: Grievance Protocol. Under the Title IX Regulations, Vanderbilt prohibits sexual misconduct by members 1. A Vanderbilt faculty or staff member/employee sexual harassment as defined by the Title IX of the Vanderbilt community. The prohibition applies conditioning the provision of an aid, benefit, Regulations (a subset of sexual misconduct regardless of the gender of the individuals involved or service on an individual’s participation in prohibited by the Policy) must be investigated and and includes conduct in relationships involving unwelcome sexual conduct (“quid pro quo”); adjudicated according to the procedures set forth a status differential and in relationships between 2. Unwelcome conduct determined by a reasonable in this Protocol. Although the Title IX Regulations peers, colleagues, and co-workers. person to be so severe, pervasive, and objectively narrowly define sexual harassment, Vanderbilt offensive that it effectively denies a person equal remains committed to providing an environment This Protocol applies to all members of the access to Vanderbilt’s education program or that is free from sexual misconduct in all its forms. Vanderbilt community and its terms supersede activity; or To that end, sexual misconduct that is not sexual any contrary Vanderbilt policies pertaining to the 3. Sexual assault, dating violence, domestic violence, harassment as defined by the USDOE, or that does investigation or adjudication of “sexual harassment” or stalking. (These terms are defined in the not meet the jurisdictional requirements under the as defined in this Protocol. Definitions section of the Sexual Misconduct Policy.) Title IX Regulations, will still be investigated and addressed under the Policy. Questions about the Protocol and its applicability to “Sexual misconduct” is a broader term that covers • Section III contains the USDOE’s statements any alleged conduct may be directed to Vanderbilt’s other sex-based conduct beyond the USDOE’s “sexual regarding equitable treatment under the Title IX Title IX Coordinator, who oversees compliance with harassment” definition. Sexual misconduct that Regulations. Equitable treatment includes the applicable non-discrimination policies, including does not satisfy the USDOE’s definition of “sexual provision of supportive measures and waiting until this Protocol: harassment” may be addressed under alternative procedures, as provided in other relevant Vanderbilt the grievance process ends to make conclusions as Title IX Coordinator policies, including but not limited to the Sexual to whether a person violated the Policy. 110 21st Avenue South Misconduct Policy, instead of this Protocol. • Section IV contains Vanderbilt’s Formal Grievance Baker Building, Suite 975 Process to investigate and adjudicate allegations Nashville, TN 37203 of sexual harassment, as required by the Title IX Phone: (615) 343-9004 (V/TDD) B. Jurisdictional Requirement Regulations. This section provides information on [email protected] An “education program or activity” includes locations, filing a Formal Complaint of sexual harassment, vanderbilt.edu/title-ix/ events, or circumstances over which Vanderbilt the investigation process, the role of the Title IX
APPENDIX B. VANDERBILT UNIVERSITY FORMAL GRIEVANCE PROTOCOL 107 exercises substantial control over both the Respondent (1)(i).) Supportive Measures also may be offered Vanderbilt will keep any Supportive Measures and the context in which the sexual harassment occurs, as needed to Respondents and other members provided to a Complainant or Respondent private, and also includes any building owned or controlled of the Vanderbilt community who may be to the extent possible. Supportive Measures by a student organization that is officially recognized affected by sexual harassment. that affect other members of the Vanderbilt by Vanderbilt. The Title IX Regulations exclude any community (e.g., mutual No-Contact Directives, “education program or activity” that does not occur in B. Supportive Measures are non-disciplinary, where the other party must be informed of the the United States. (§ 106.44(a).) non-punitive individualized services offered as directive and its implications) may be disclosed to appropriate, as reasonably available, and without facilitate implementation. The Title IX Coordinator Sexual misconduct that does not satisfy the USDOE’s fee or charge to the Complainant or the Respondent. is responsible for coordinating the effective jurisdictional requirement, such as off-campus (§ 106.30) They may be sought or provided before or implementation of Supportive Measures. behavior alleged to have an on-campus effect, may after a Formal Complaint is filed, or where no Formal be addressed under alternative procedures, as Complaint has been filed. Supportive Measures C. An individual’s status as a Respondent will not be provided in the Sexual Misconduct Policy, instead of are designed to restore or preserve equal access to considered a negative factor during any process this Protocol. Vanderbilt’s education program or activity without under this Protocol. Respondents are entitled to, and unreasonably burdening the other party, including will receive the benefit of, a presumption that they C. Other Definitions measures designed to protect the safety of all are not responsible for the alleged conduct unless The terms “Complainant” and “Respondent” are parties or the educational environment, or deter and until the process concludes and a determination used throughout this Protocol as well as the Sexual sexual harassment. regarding responsibility is issued. Similarly, a Misconduct Policy. For purposes of this Protocol, a person’s status as a Complainant, Respondent, or Complainant is an individual who is alleged to be Supportive Measures may include, but are not witness will not determine whether that person is the victim of conduct that could constitute sexual limited to: access to on-campus counseling deemed credible. (§ 106.45(b)(1)(ii-iv).) harassment. A Respondent is an individual alleged to services and assistance in setting up an initial be the perpetrator of conduct that could constitute appointment, extensions of deadlines or other D. Vanderbilt’s Formal Grievance Process provides sexual harassment. (§ 106.30.) course-related adjustments (such as rescheduling remedies to a Complainant only if the grievance of exams/assignments or providing alternative process described in this Protocol results in a Other terms that are used in this Protocol, like Supportive course or program completion options), determination that the Respondent is responsible for Measures and Formal Complaint, are defined below. All modifications of work or class schedules (such sexual harassment. Remedies are designed to restore relevant terms, including Consent and Incapacitation, are as the ability to change work schedules, job or preserve equal access to Vanderbilt’s education defined in the Sexual Misconduct Policy. assignments, job locations, or reporting lines; or program or activity and may include the same the ability to transfer course sections or withdraw individualized services as Supportive Measures. from a course), campus escort services for Remedies may be disciplinary and punitive and III. USDOE STATEMENTS OF transit around campus (such as before and after may burden a Respondent. (§ 106.45(b)(1)(i).) EQUITABLE TREATMENT work or between classes and activities), mutual A. As required by USDOE’s Title IX Regulations, restrictions on contact between the parties (such E. Title IX Coordinators, Investigators, decision-makers, Vanderbilt’s Formal Grievance Protocol treats as Vanderbilt No-Contact Directives), changes and any person who facilitates an informal resolution Complainants and Respondents equitably by: (1) in work or housing locations (such as changing process (collectively, Title IX administrators) will not offering Supportive Measures (as defined below) residence hall or classroom assignment), student- have a conflict of interest or bias in favor of or against to a Complainant, and (2) following a grievance requested leaves of absence, administrative leave, Complainants or Respondents generally or an process that complies with the procedural increased security and monitoring of certain areas individual Complainant or Respondent. Vanderbilt requirements of the Title IX Regulations before of the campus, academic support services such as will provide necessary and appropriate training the imposition of any disciplinary sanctions tutoring, and other similar measures. to each Title IX administrator. Training materials against a Respondent. (§ 106.44(a); § 106.45(b) will not rely on sex stereotypes and will promote
APPENDIX B. VANDERBILT UNIVERSITY FORMAL GRIEVANCE PROTOCOL 108 impartial investigations and adjudications of Formal against a Respondent. Supportive Measures, arise out of the same factual circumstances so Complaints of sexual harassment. (§ 106.45(b)(1)(iii).) however, may still be given. (§ 106.44(a); § long as the consolidated complaint is resolved 106.45(b)(1)(i); see also § 106.8(c).) Accordingly, in accordance with the requirements of this Vanderbilt strongly encourages Complainants Protocol. IV. FORMAL GRIEVANCE PROCESS to file a Formal Complaint, so that the required This portion of the Protocol outlines the steps Formal Grievance Process can be followed. vi. Mandatory Dismissal (§ 106.45(b)(3)(i, iii).) taken to initiate a grievance,2 as well as USDOE’s 1. If a Formal Complaint is filed, Vanderbilt procedural requirements for investigation and iii. After filing a Formal Complaint, a Complainant may will investigate its allegations. adjudication of Formal Complaints. withdraw their Formal Complaint at any time by 2. If the conduct alleged does not meet the providing written notice to the Title IX Coordinator. Formal Grievance Protocol scope requirements A. Formal Complaint That withdrawal concludes the Formal Grievance in Section II for “sexual harassment” as defined Protocol process unless the Title IX Coordinator by USDOE, Vanderbilt must dismiss the Formal i. A Formal Complaint is a document filed by a takes action under Subsection A.iv. immediately Complaint under this Protocol. However, in Complainant or signed by the Title IX Coordinator below. (See also Subsection D.v. below regarding such circumstance, the Title IX Coordinator alleging sexual harassment as defined by the Title permissive dismissal.) will transfer the complaint for review under IX Regulations against a Respondent and requesting the Vanderbilt Sexual Misconduct Policy and that Vanderbilt investigate the allegation of sexual iv. A Title IX Coordinator may sign a Formal Complaint possible investigation and resolution. harassment. The submission of a Formal Complaint to initiate or continue the Formal Grievance Process, 3. In such circumstance, Vanderbilt will promptly triggers the Formal Grievance Process when a Formal if necessary to fulfill Vanderbilt’s duties under Title IX and simultaneously send written notice to each Complaint is received by the Title IX Coordinator. to not be deliberately indifferent to actual knowledge party of the dismissal of the Formal Complaint, of sexual misconduct. Signing a Formal Complaint the reasoning, and the transfer for review A Formal Complaint must be in writing and may be does not make a Title IX Coordinator a Complainant under the Vanderbilt Sexual Misconduct Policy. filed with the Title IX Coordinator in person, by mail, or otherwise a party. (§ 106.30.) or by email. The Formal Complaint must contain the Complainant’s physical or digital signature, or some B. Title IX Coordinator v. Vanderbilt may, but is not required to, consolidate other indication that the Complainant is the person Initial Responsibilities Formal Complaints arising out of the same factual filing it. (§ 106.30.) At the time of filing a Formal circumstances in two scenarios: i. Upon receipt of any report of alleged sexual Complaint, a Complainant must be participating 1. Where there is more than one Complainant misconduct, the Title IX Coordinator will promptly in or attempting to participate in the education or Respondent; contact the Complainant to discuss the availability program or activity. 2. Where a Formal Complaint has also been filed of Supportive Measures and explain the process by the Respondent against the Complainant. involved in filing a Formal Complaint. The Title ii. If Vanderbilt receives an allegation of (§ 106.45(b)(4).) In such cases, the Formal IX Coordinator will inform the Complainant of sexual misconduct that falls within the Grievance Process for a later-filed Formal the availability of Supportive Measures with or Formal Grievance Protocol’s scope (it meets Complaint may be consolidated into an without the filing of a Formal Complaint and will both the Title IX Regulations’ definition of earlier-filed process rather than re-start from consider the Complainant’s wishes with respect to “sexual harassment” and their jurisdictional the beginning (e.g., the new charges may be Supportive Measures. (§ 106.44(a).) requirements (see Section II)) but no Formal considered in the course of a pre-existing Complaint is filed, then the Title IX Regulations investigation). ii. Supportive Measures will be assessed and may be prevent Vanderbilt from administering a formal 3. Vanderbilt may also, but is not required to, offered as needed to Complainants, Respondents, grievance process (including any informal or consolidate Formal Complaints and other and other members of the Vanderbilt community early resolution) that permits the imposition complaints initiated under the Policy that who may have been affected by the alleged conduct. of any disciplinary sanctions or other actions Supportive Measures are discussed in Section III.B. 2 Please note that “grievance” for purposes of this Formal Grievance Protocol is not equivalent to a grievance under the Faculty Manual or the Collective Bargaining Agreement between Vanderbilt and LIUNA.
APPENDIX B. VANDERBILT UNIVERSITY FORMAL GRIEVANCE PROTOCOL 109 iii. The Title IX Coordinator may conduct a limited, C. Notice of Allegations (§ 106.45(b)(2)) D. Investigation Procedure threshold investigation: i. Upon receipt of a Formal Complaint, Vanderbilt i. The Title IX Coordinator will appoint an Investigator 1. to determine if the alleged conduct meets the will provide written notice to known parties of to investigate the allegations subject to the Formal Formal Grievance Protocol scope requirements the following: Grievance Process. The investigation may include, for “sexual harassment” as defined in § 106.30 1. Notice of Vanderbilt’s Formal Grievance among other steps, interviewing the Complainant, (see Section II); Process by providing access to this Protocol. the Respondent, and any witnesses; reviewing law 2. to determine whether Vanderbilt’s Title IX 2. Notice of the allegations potentially enforcement investigation documents if applicable; obligations require the Title IX Coordinator to constituting sexual harassment, including reviewing relevant student or employment files; “sign” a Formal Complaint if the Complainant sufficient details known at the time. and gathering and examining other relevant does not file one; and Sufficient details are defined in the Title IX documents, social media posts, and other evidence. 3. for other limited purposes; provided that if a Regulations to include: Formal Complaint is filed or signed, the Title a. The identities of the parties involved in The Investigator will attempt to collect all relevant IX Coordinator will fulfill the terms of this the incident, if known; information and evidence. While the Investigator Formal Grievance Process, including the notice b. The conduct allegedly constituting will have the burden of gathering evidence, it provisions immediately below and the more sexual harassment; and is crucial that the parties present evidence and thorough investigation process described c. The date and location of the alleged identify witnesses to the Investigator so that they below even if it is somewhat duplicative of the incident, if known. may be considered during the investigation. As threshold investigation. 3. Per the Title IX Regulations, the written notice described below in Section IV.E.iii.3., while all must include the following statements: evidence presented at a hearing by the parties iv. Vanderbilt may remove a Respondent from the a. The Respondent is presumed not will be considered, the Adjudicator may, in its/ education program or activity on an emergency responsible for the alleged conduct. their discretion, grant lesser weight to information basis, provided that the Title IX Coordinator b. A determination regarding or evidence introduced at the hearing that was undertakes an individualized safety and risk responsibility is made at the available to the party but that was not previously analysis and determines that an immediate conclusion of the grievance process. presented for investigation by the Investigator. threat to the physical health or safety of any c. The parties may have an adviser of student or other individual arising from the their choice, who may be, but is not The investigation file should contain all allegations of sexual harassment justifies required to be, an attorney. information gathered during the investigation that removal. The Respondent must receive notice d. The parties may inspect and review is potentially relevant to the alleged misconduct; and an opportunity to challenge the decision evidence. the Investigator should not filter or exclude immediately following the removal by following e. The parties are prohibited from evidence or decide the weight or credibility of the Emergency Removal Grievance Procedure for knowingly making false statements or evidence, unless the evidence is clearly irrelevant. Students. (§ 106.44(c).) knowingly submitting false information during the grievance process. Following the investigation, the Investigator will v. Vanderbilt may place a non-student Respondent 4. The notice must be given as soon as practicable draft an investigation report succinctly describing with a Vanderbilt employment relationship on and with sufficient time to prepare a response all collected information. The Investigator will not administrative leave during the pendency of a before any initial investigation interview. make any recommendation as to whether a Protocol proceeding under this Formal Grievance Protocol. violation has occurred or potential sanctions. (§ 106.44(d).) Faculty Respondents may also be ii. If, at any point during the course of the placed on “summary suspension” pursuant to the investigation, Vanderbilt decides to investigate ii. Evidentiary Considerations Faculty Manual (Part 4, Chapter 1). allegations that are not included in the original 1. While investigating the allegations of any
notice, it will provide notice of the additional Formal Complaint of sexual harassment, allegations to the parties.
APPENDIX B. VANDERBILT UNIVERSITY FORMAL GRIEVANCE PROTOCOL 110 the Investigator will conduct an objective While Vanderbilt cannot prevent a party and are prohibited from speaking directly to evaluation of all relevant evidence. Relevant or witness from discussing the allegations the Investigator, Adjudicator, other parties, evidence is any evidence that may tend to under investigation, Vanderbilt encourages or witnesses in such proceedings. make the allegations at issue more or less parties to respect the sensitive nature 5. Provide written notice to each party of the date, likely to be true, i.e., both “inculpatory” or of allegations of sexual misconduct. In time, location, participants, and purposes of corroborating evidence and “exculpatory” or addition, the Title IX Regulations and this each Formal Grievance Process meeting at which contradicting evidence. (§ 106.45(b)(1)(ii).) Protocol prohibit retaliation against any they are invited to participate, with sufficient 2. Standard of Evidence person because they participate or refuse time for the party to prepare to participate. a. In assessing allegations of sexual to participate in any part of Vanderbilt’s a. For all hearings, Vanderbilt will provide harassment and conducting its Formal sexual misconduct processes. See Section at least 10 days’ notice.3 Grievance Process, Vanderbilt will use a V. below. b. For all non-hearing investigative preponderance of the evidence standard. b. To the extent any person receives another interviews or meetings to which (§ 106.45(b)(1)(vii).) This standard means person’s confidential information (such Vanderbilt invites a party, Vanderbilt will that the alleged sexual misconduct is as medical or psychological treatment provide at least 5 days’ notice to that “more likely than not” to have occurred. records) solely as a result of participation party. (§ 106.45(b)(5)(v).) b. That standard will apply to all Formal in any investigation or proceeding 6. Provide both parties an equal opportunity Complaints of sexual harassment, under this Protocol, such confidential to inspect and review any evidence regardless of whether the Formal Complaint information may not be re-disclosed Vanderbilt obtained as part of the is against a student or other Vanderbilt outside of such forums. This provision investigation, whether obtained from community member, such as a faculty or does not apply to any information learned a party or other source, that is directly staff member. (§ 106.45(b)(1)(vii).) outside of an investigation or proceeding related to the allegations raised in a Formal under this Protocol or the Policy. Complaint. The provision of such evidence iii. As dictated by the Title IX Regulations (§ 106.45(b) 4. Provide the parties with the same opportunities is intended to help each party meaningfully (5)), when investigating a Formal Complaint and to have others present during any grievance respond to the evidence prior to conclusion throughout the grievance process, Vanderbilt will: proceeding, including the opportunity to bring of the investigation. (§ 106.45(b)(5)(vi).) 1. Ensure that the burden of proof and the burden an adviser of their choice to any related meeting a. Parties may elect to submit certain records of gathering evidence sufficient to reach a or proceeding. The adviser may be, but is not of medical examinations, treatment, or determination regarding responsibility rest on required to be, an attorney. Vanderbilt will not mental health services. Vanderbilt will not Vanderbilt and not on the parties. (§ 106.45(b)(5) limit the choice or presence of an adviser for access, consider, disclose, or otherwise (i).) This means that Vanderbilt’s decision-makers either the Complainant or Respondent in any use a party’s records that are made or will use the preponderance of the evidence meeting or grievance proceeding; however, maintained by a physician, psychiatrist, standard. See also Subsection D.i. above. Vanderbilt will restrict the extent to which the psychologist, or other recognized 2. Provide an equal opportunity for the parties adviser may participate in the proceedings, professional or paraprofessional acting in to present witnesses and other relevant which will apply equally to both parties’ the professional’s or paraprofessional’s evidence. (§ 106.45(b)(5)(ii).) advisers. (§ 106.45(b)(5)(iv).) capacity, or assisting in that capacity, 3. Not restrict the ability of either party to a. Note: Advisers are not permitted to and which are made and maintained in discuss the allegations under investigation participate directly in any proceeding, connection with the provision of treatment or to gather and present relevant evidence. with the exception of hearings and certain to the party, unless the party voluntarily (§ 106.45(b)(5)(iii).) related meetings, as specified in Section consents in writing to their use in a Formal a. Vanderbilt does not prohibit any party IV.E.iv. below. Otherwise, advisers may be Grievance Process. (§ 106.45(b)(5)(i).) from discussing their own experience. present solely to advise or support the party
3 For purposes of this Formal Grievance Protocol, “days” means calendar days unless otherwise noted.
APPENDIX B. VANDERBILT UNIVERSITY FORMAL GRIEVANCE PROTOCOL 111 iv. Investigative Report (§ 106.45(b)(5)(vi-vii).) the final investigative report was delivered to 4. Under the second circumstance 1. Prior to completion of the investigative the party, so that the party’s response may be (Subsection v.1.b): report, Vanderbilt will send to each party, available for consideration by the Adjudicator. a. The Respondent’s student or employment and the party’s adviser, if any, a preliminary If warranted, the Investigator may choose to records may be marked to indicate their investigative report and the evidence subject to update the final investigative report to take a departure during a disciplinary process inspection and review. party’s response into account, in which case (which may resume if they return to a. Such evidence will be available at the hearing date may be postponed. Vanderbilt), but will not indicate that any hearing, to give each party equal 5. The University endeavors to conduct and the Respondent was found or assumed opportunity to refer to such evidence complete the investigative process within responsible for any alleged misconduct during the hearing, including for purposes 90 business days from the issuance of the pending at the time of departure. of cross-examination. notice of allegations. Good cause may exist for b. The Respondent may be required to notify b. Vanderbilt retains discretion to elect extending the time for investigation in some the Title IX Coordinator if they intend to to send such materials in an electronic cases, such as multiple witnesses, complicated visit any building owned or controlled format or a hard copy. The provision of evidence, informal resolution, and University by Vanderbilt or a student organization such evidence may include data security breaks and holidays. The parties will be notified that is officially recognized by Vanderbilt, safeguards that prevent it from being simultaneously, in writing, if the investigation or if they otherwise seek to attend any downloaded, printed or forwarded. process cannot be completed within 90 business Vanderbilt education program or activity 2. The parties will have 10 days to submit a written days, and they will be provided with a revised or event, so that the Complainant may response to the preliminary investigative report. timeline for completion of the investigation. be given an opportunity to receive Any such comments are limited to no more than Supportive Measures if needed. 10 double-spaced pages with one-inch margins v. Permissive Dismissal 5. If permissive dismissal is granted under this and 12-point font and must be submitted by 1. At any time during the investigation or section, the Formal Grievance Process will hand delivery to the Title IX Office, 110 21st hearing, Vanderbilt may dismiss the Formal cease, no further investigation will occur, and no Ave South, Suite 975, or by email attachment Complaint or any of its allegations if: disciplinary sanctions or actions can be imposed to the Investigator by no later than 5 pm on the a. A Complainant notifies the Title IX against the Respondent. See Section IV.A.ii. tenth day following the date the parties receive Coordinator in writing that they would (citing § 106.44(a); § 106.45(b)(1)(i); § 106.8(c).) the evidence. Requests for extensions must like to withdraw the Formal Complaint be submitted to the Investigator prior to the in whole or in part; 6. A permissive dismissal under this section expiration of the 10-day period. The Investigator b. The Respondent is no longer enrolled differs from a mandatory dismissal under will consider any such response prior to or employed by Vanderbilt; or Section IV.A.vi. for alleged conduct that does completion of the final investigative report. c. Specific circumstances prevent not meet the Formal Grievance Protocol scope 3. The Investigator will then create a final Vanderbilt from gathering evidence requirements contained in Section II for “sexual investigative report that fairly summarizes the sufficient to reach a determination as harassment” as defined by § 106.30. relevant evidence. The final investigative report to the Formal Complaint in whole or in will not make any recommendation as to whether part. (§ 106.45(b)(3)(ii).) E. Adjudication a Protocol violation has occurred or potential 2. In all such circumstances, Supportive i. Adjudication via hearing sanctions. At least 10 days prior to a hearing, Measures may be continued. 1. Vanderbilt’s Formal Grievance Process will Vanderbilt will send the final investigative 3. Under the first circumstance (Subsection culminate in a live hearing before an Adjudicator. report to each party, and the party’s adviser if v.1.a), the Title IX Coordinator may choose in a. If the Respondent is a faculty member, the any, for their review and written response. their discretion to sign the Formal Complaint Adjudicator will be a Hearing Panel. The 4. Any such response must be received by the to continue to the Formal Grievance Process. Hearing Panel will consist of an independent, Title IX Coordinator within five days of when See also Sections IV.A.iii-iv, above. third-party Hearing Officer, who will chair
APPENDIX B. VANDERBILT UNIVERSITY FORMAL GRIEVANCE PROTOCOL 112 the Panel and direct the hearing, and two or all parties, witnesses and other participants Hearing Officer (who may consult with faculty Hearing Panel members (selected may appear at the live hearing virtually. the other members of the Hearing Panel, by the Title IX Coordinator from among a 5. Vanderbilt will create a transcript or recording as appropriate) has discretion to ask the pool of faculty members nominated by the (audio or audiovisual) of any adjudicative Title IX Coordinator or designee to request Dean of each school) who will attend the hearing. It will available to the parties for additional witnesses after receipt of the hearing and participate in deliberations. inspection and review pursuant to FERPA. parties’ witness lists; recognizing, however, The three Hearing Panel members will that Vanderbilt has no ability to compel each have an equal vote. ii. Pre-hearing any witness to attend. Any such requested b. For all other Respondents, the 1. The Title IX Coordinator or designee will witness will be disclosed to the parties. Adjudicator will be a single independent, identify the Adjudicator to the parties five 4. Vanderbilt may, within its discretion, require third-party Hearing Officer, who will days in advance of the hearing. Either party the parties to participate in a pre-hearing direct the hearing process. may challenge a named Adjudicator (Hearing conference with their advisers and the Hearing 2. The Adjudicator will consider all evidence Officer or faculty Hearing Panel member) if Officer. If the Adjudicator is a Hearing Panel, presented (subject to the terms below) and the party believes that the Adjudicator has a other members of the Hearing Panel may be determine whether a Respondent is responsible conflict of interest or bias. Any such challenge present at the pre-hearing conference. for a violation of this Protocol. Applying the must be delivered in writing to the Title IX preponderance of the evidence standard, the Coordinator or designee at least two days in iii. Evidence burden of proof is met, and a Respondent may advance of the hearing, specifying the reasons 1. At the hearing, all relevant evidence will be be found responsible for a Protocol violation, if for such belief. The Title IX Coordinator or objectively evaluated. Relevant evidence the Adjudicator determines that it is more likely designee has sole discretion to keep or replace is any evidence that may tend to make the than not that the Respondent committed the the challenged Adjudicator, and if replaced, allegations at issue more or less likely to be conduct alleged. Respondents are entitled to, will postpone the hearing to allow for the true—i.e., “inculpatory” or corroborating and will receive the benefit of, a presumption appointment of a replacement Adjudicator. evidence and “exculpatory” or contradicting that they are not responsible for the alleged (The Title IX Coordinator or designee may evidence. Credibility determinations will not be conduct until the grievance process concludes consult with the appropriate Dean in cases based on a person’s status as a Complainant, and a determination regarding responsibility is where a faculty Respondent challenges a Respondent, or witness. (§ 106.45(b)(1)(ii).) issued. If the Respondent is found responsible faculty Hearing Panel member.) 2. Consistent with the Title IX Regulations, for a violation of this Protocol, the Respondent 2. Five days in advance of the hearing, the questions and evidence about the may be subjected to disciplinary action. (§ parties will identify their expected attendees Complainant’s sexual predisposition or prior 106.45(b)(6)(i).) (including any adviser) and their expected sexual behavior are not relevant, unless: 3. The Adjudicator will not be the same person witnesses (including themselves), including the a. “offered to prove that someone other as the Title IX Coordinator or the Investigator. witnesses’ expected sequence, via writing to than the Respondent committed the The Adjudicator will receive training as the Title IX Coordinator or designee, who will conduct alleged” or appropriate to carry out their duties. supply the disclosure to the other party and to b. “if the questions and evidence concern 4. At the request of either party, Vanderbilt will the Adjudicator. The parties will not be strictly specific incidents of the Complainant’s conduct the live hearing with the parties bound to their disclosures, but they should be prior sexual behavior with respect to located in separate rooms. Technology must submitted in good faith. the Respondent and are offered to enable the Adjudicator as well as the parties, 3. Typically, the parties will be in charge of prove consent.” (§ 106.45(b)(6)(i).) to simultaneously see and hear any party or choosing and supplying their own witnesses 3. While all relevant evidence presented at a witness answering questions. Live hearings at the hearing. When necessary for the hearing by the parties will be considered, may, then, be conducted with all parties pursuit of truth and to gather evidence the Adjudicator has discretion to grant lesser physically present in the same location, or any sufficient to reach a determination, the weight to last-minute information or evidence
APPENDIX B. VANDERBILT UNIVERSITY FORMAL GRIEVANCE PROTOCOL 113 introduced at the hearing that was not 4. Only relevant cross-examination and other taken from the receipt of the Formal previously presented for investigation by the questions may be asked of a party or witness. Complaint through the determination, Investigator. See also Section IV.D.i., above. See Section IV.E.iii., above, regarding including any notifications to the parties, relevancy. Before a party or witness answers interviews with parties and witnesses, site iv. Cross-examination a cross-examination or other question, visits, methods used to gather evidence, 1. As stated above in Section IV.D.iii.4., each the Hearing Officer must first determine and hearings held; party may be accompanied to the hearing by whether the question is relevant and explain c. Findings of fact supporting the the adviser of their choice, who may be, but any decision to exclude a question as not determination; is not required to be, an attorney. Advisers relevant. (§ 106.45(b)(6)(i).) d. Conclusions regarding the application may be present solely to advise or support 5. If a party or witness does not submit to of this Protocol to the facts; the party and are prohibited from speaking cross-examination at the live hearing, the e. A statement of, and rationale for, the directly to the Investigator, Adjudicator, other Adjudicator must not rely on any statement result as to each allegation, including: parties, or witnesses during the hearing, of that party or witness in reaching a i. A determination regarding except for conducting cross examination. determination regarding responsibility. responsibility; 2. At the hearing, the Adjudicator will typically The Adjudicator cannot, however, draw an ii. Any disciplinary sanction(s) imposed ask questions first, before either adviser. inference about the determination regarding on the Respondent (which in cases Subsequently, each party’s adviser is responsibility based solely on a party’s or involving a faculty Respondent will be permitted to ask the other party and any witness’s absence from the live hearing or determined by the Dean, as described witnesses all relevant questions and follow- refusal to answer cross-examination or other in section vi below; for all other cases, up questions, including those challenging questions. (§ 106.45(b)(6)(i).) the sanction will be determined by the credibility. Cross examination at the live Hearing Officer); and hearing must be conducted directly, orally, v. Determination Regarding Responsibility iii. Whether remedies designed to and in real time by the party’s adviser of 1. Based on a preponderance of the evidence, restore or preserve equal access choice, and never by a party personally. (§ the Adjudicator will decide if the Respondent to Vanderbilt’s education program 106.45(b)(6)(i).) is responsible for engaging in the conduct or activity will be provided to the 3. If a party does not have an adviser present alleged, and if so, what disciplinary action Complainant; and at the live hearing, Vanderbilt will provide may be appropriate. For cases where a f. Procedures and permissible without fee or charge to that party, an adviser faculty member is a Respondent, the Hearing bases for the parties to appeal the who may be, but is not required to be, an Panel will deliberate and, at the conclusion determination. (§ 106.45(b)(7)(ii).) attorney, to conduct cross-examination on of those deliberations, the Hearing Panel 3. The written determination will be provided behalf of that party. (§ 106.45(b)(6)(i).) will issue a written determination, drafted to the parties simultaneously. a. If a party does not have an adviser for by the Hearing Officer in collaboration with 4. Supportive Measures also may be provided to the hearing, the party must notify the the other members of the Hearing Panel. the Complainant that are designed to restore Title IX Coordinator or designee no later For all other cases, the Hearing Officer will or preserve equal access to Vanderbilt’s than the party’s pre-hearing disclosures. deliberate and issue a written determination. education program or activity, even if they (See Section IV.E.ii.2., above.) Otherwise, These determinations will typically be issued are not listed in the written determination. the hearing may be delayed, and the within 15 days following the hearing. Remedies and Supportive Measures that appointed adviser may have less time to 2. The written determination will include: do not impact the Respondent should not prepare for the hearing. a. Identification of the allegations be disclosed in the written determination; b. Vanderbilt will make available a pool of potentially constituting sexual rather, the determination should simply trained advisers from which the party harassment under this Protocol; indicate that “remedies will be provided to may select an adviser. b. A description of the procedural steps the Complainant.” The Title IX Coordinator is
APPENDIX B. VANDERBILT UNIVERSITY FORMAL GRIEVANCE PROTOCOL 114 responsible for effective implementation of j. A requirement to correct or retract vii. Finality any remedies and Supportive Measures. (§ publications affected by the findings of The determination regarding responsibility 106.45(b)(7)(iv).) the investigation (including the sanction, if any) becomes final either: k. Written reprimand 1. if an appeal is filed, on the date that Vanderbilt vi. Range of Sanctions and Remedies (§ 106.45(b) provides the parties with the written (1)(vi)). For student and staff Respondents, the For faculty Respondents, the Dean will provide a determination of the result of the appeal, or Hearing Officer will, upon a finding of responsibility copy of the written determination to the Provost, 2. if an appeal is not filed, the date on which by a preponderance of the evidence, issue a or to the Chancellor for VUMC-employed faculty, an appeal would no longer be considered sanction that is appropriate to the violation. For and the University will report the outcome of the timely. (§ 106.45(b)(7)(iii).) faculty Respondents, the Respondent’s Dean will investigation to external agencies, as required. determine the sanction after consultation with the F. Appeals Hearing Panel, and the sanction will be included 3. Remedies may also be implemented by in the written determination described in section the University to restore or preserve equal i. Either party may appeal from a determination v.2.e above. Any such sanction for a Respondent access to Vanderbilt’s education programs regarding responsibility (and/or the sanction, if will be generally consistent with other disciplinary or activities. Remedies can include, but are any), or from a dismissal of a Formal Complaint decisions taken for similarly-situated Respondents. not limited to, the following: in whole or in part, on the following bases only: 1. For student Respondents, sanctions can a. Access to on-campus counseling 1. A procedural irregularity, meaning an include, but are not limited to, the following: services and assistance in setting up an alleged failure to follow the process a. Expulsion initial appointment with those services; outlined in this Protocol, that affected the b. Suspension b. No-Contact Directives; outcome of the matter; c. Disciplinary Probation c. Rescheduling of academic exams and 2. New evidence that was not reasonably d. Deferred Disciplinary Probation assignments; available to the appealing party at the time e. Educational Conference d. Providing alternative course or of the hearing or dismissal, that could affect f. Additional components of sanctions program completion options; the outcome of the matter; may include, but are not limited to: e. Changing class schedules, including 3. The Title IX Coordinator, Investigator, or restrictions, which may include limiting the ability to transfer course sections Adjudicator (Hearing Officer or Hearing Panel or barring access to certain facilities or or withdraw from a course; member) had a conflict of interest or bias activities and removal or reassignment f. Changing work schedules, job for or against Complainants or Respondents from University housing. assignments, job locations, or reporting generally or the individual Complainant or 2. For faculty and staff Respondents, lines for University employment; Respondent that affected the outcome of the sanctions can include, but are not limited g. Changing on campus residence hall or matter. The notice of appeal must describe to, the following: classroom assignments; with specificity the basis upon which such a. Termination of Employment h. Providing an escort for transit between conflict of interest or bias is alleged and how b. Reduction in salary and/or rank University classes and activities; it allegedly affected the outcome; c. Suspension i. Providing academic support services, 4. The determination cannot reasonably be d. Probation such as tutoring; supported by the evidence; or e. No Contact Directives j. Leaves of absence; 5. The severity of the sanction. f. Campus restrictions k. Referral for consideration of the g. Revocation of Vanderbilt privileges Complainant’s status through the ii. The following are not grounds for appeal by h. Educational programs appropriate process (including for any party: i. Removal from (or reassignment to a faculty, the Grievance process under Part 1. Issuance and implementation of Remedies different role on) a project IV, Chapter 2 of the Faculty Manual). and Supportive Measures other than
APPENDIX B. VANDERBILT UNIVERSITY FORMAL GRIEVANCE PROTOCOL 115 Emergency Removal as described above; and 4. Give both parties a reasonable, equal viii. For appeals referred to an Appeals Officer, the 2. Informal Resolutions. opportunity to submit a written statement in Appeals Officer will take action on the appeal support of, or challenging, the outcome. (§ consistent with the options set forth below in iii. Appeals must be submitted in writing to the Title 106.45(b)(8)(iii).) section F. x. IX Coordinator or designee within 10 days of the date that the written adjudication determination v. Vanderbilt will provide a copy of the appeal to the ix. For Appeals referred to an Appeals Panel, the is provided to the parties. The written appeal non-appealing party. The non-appealing party Appeals Panel will review the record and make a must state the ground(s) for the appeal, include may submit a written statement within 10 days recommendation consistent with the options set the name of the appealing party, and bear that may seek to affirm the initial decision and/or forth below in section F. x. This recommendation evidence that it was submitted by the appealing respond to the appeal statement. will be forwarded to the Chancellor (with notice party. The appeal statement must contain a to the Provost) for a determination. sufficient description supporting the grounds for vi. The Title IX Coordinator has discretion to appeal. If the grounds for appeal is to consider impose or withhold any applicable sanctions or x. Potential outcomes of an appeal are as follows new evidence that could affect the outcome of supportive measures prior to the appeal deadline (based on the relevant ground for appeal): the matter that was not reasonably available to and prior to the resolution of any appeal. 1. In cases where there has been a material the appealing party before or during the time procedural error sufficient to affect the of the hearing or the dismissal, then the written vii. The appeal will be referred to an Appeals Panel determination posed, the case will be appeal must include such information. The Title in the case of a faculty Respondent or an Appeals remanded to the Title IX Office with IX Coordinator retains discretion to verify and/or Officer for all other Respondents. For cases instructions, as appropriate. waive minor procedural variations in the timing where the Respondent is a faculty member, the 2. In cases where it is determined that there and content of the appeal submission. Appeals Panel will consist of an independent, is new evidence that was not reasonably third-party Appeals Officer and two additional available to the appealing party at the iv. Upon receipt of an appeal, Vanderbilt will faculty Appeals Panel members, each of whom time of the hearing or dismissal, that could 1. Notify the other party in writing when will have an equal vote. The faculty Appeals affect the outcome of the matter, the case the appeal is filed and implement appeal Panel members will be selected by the Title IX will be remanded to the Title IX Office with procedures equally for both parties; Coordinator or designee from a standing pool of instructions, as appropriate. 2. Ensure that the decision-maker (Appeals faculty members nominated by the Deans of the 3. In cases where it is determined that the Title Panel for faculty Respondents; Appeals Officer schools. For all other cases, the Appeals Officer IX Coordinator, Investigator, or Adjudicator for all other Respondents) for the appeal is not will be an independent third-party. The Appeals had a conflict of interest or bias for or the same person or persons as the decision- Panel or Appeals Officer, as appropriate, will issue against the Complainant or the Respondent maker that reached the original determination a written decision describing the result of the generally or the individual Complainant or regarding responsibility or dismissal, the appeal and the rationale for the result within a Respondent that affected the outcome of Investigator(s), or the Title IX Coordinator; reasonably prompt time frame, typically within 10 the matter, the case will be remanded to the 3. Ensure that the decision-maker (Appeals days following receipt of all appeals materials. The Associate Vice Chancellor for Equal Access to Panel for faculty Respondents; Appeals Officer appeal will determine whether the Hearing Panel assure the University provides a resolution for all other Respondents) for the appeal or Hearing Officer made an error on the ground(s) process without conflict of interest or bias. does not have a conflict of interest or bias alleged in the appeal statement. The appeal is 4. In cases where the determination cannot for or against Complainants or Respondents typically determined based on the existing record, reasonably be supported by the evidence, generally or an individual Complainant or but the appeal decision-maker has discretion to the Appellate Decisionmaker will reverse the Respondent, and that the decision-maker for convene a limited or full hearing if needed. The determination. the appeal has received the appropriate and appeal decision will be given simultaneously to 5. If no ground for appeal is found, the necessary training; both parties. (§ 106.45(b)(8)(iii)(E-F).) determination will stand.
APPENDIX B. VANDERBILT UNIVERSITY FORMAL GRIEVANCE PROTOCOL 116 G. Informal Resolution 2. Obtain the parties’ voluntary, written IX Formal Grievance Protocol or other resolution consent to the informal resolution process. procedures under the Policy. (§ 106.71)(a).) ii. At any time prior to reaching a determination § 106.45)(b)(9)(i-ii).) regarding responsibility, Vanderbilt may facilitate C. The exercise of rights protected under the First an informal resolution process, such as mediation, v. If the parties agree to an informal resolution, the Amendment does not constitute retaliation. The that does not involve a full investigation and Formal Complaint is deemed withdrawn and the First Amendment does not restrict the activities of adjudication. Vanderbilt may not offer an informal Formal Grievance Protocol will be terminated. private universities including Vanderbilt; however, resolution process unless a Formal Complaint is However, the informal resolution is be considered the USDOE is subject to the First Amendment and filed. Both parties must agree to participate in an binding, and its breach gives rise to a new Formal may not administer the Title IX Regulations in a informal resolution process, and if they do, the Grievance Protocol, which may restart the Formal manner that violates the First Amendment. Formal Grievance Process stops. Either party may Grievance Protocol. withdraw from the informal resolution process and D. Charging an individual with a code of conduct resume the Formal Grievance Process at any time violation for making a materially-false before an informal resolution is reached. Vanderbilt V. RETALIATION (§ 106.71.) statement in bad faith in the course of a sexual will not require the parties to participate in an A. No person may intimidate, threaten, coerce, or misconduct grievance proceeding does not informal resolution process, and will not require discriminate against any individual for the purpose of constitute retaliation. A determination regarding them to waive their rights to a Formal Grievance interfering with any right or privilege secured by Title responsibility alone, however, is not sufficient to Process. (§ 106.45(b)(9).) IX, its regulation, or this Formal Grievance Protocol, conclude that any party made a materially-false
or because the individual has made a report or statement in bad faith. iii. Vanderbilt will not offer or facilitate an informal complaint, testified, assisted, or participated resolution process to resolve allegations that or refused to participate in any manner in an E. Complaints alleging retaliation may be filed a faculty or staff member sexually harassed a investigation, proceeding, or hearing. Intimidation, with the Title IX Coordinator, who will determine student. (§ 106.45)(b)(9)(iii).) threats, coercion, or discrimination, including whether to consolidate the allegations of charges against an individual for code of conduct retaliation into the investigation process described iv. Prior to facilitating an informal resolution violations that do not involve sex discrimination or herein or through other appropriate methods. process, Vanderbilt will: sexual harassment, but arise out of the same facts 1. Provide written notice to the parties or circumstances as a report or complaint of sex F. In the event an individual alleges that the Title IX disclosing the following: discrimination, or a report or formal complaint of Coordinator retaliated against them, the individual a. The allegations; sexual harassment, for the purpose of interfering may file a complaint with the Associate Vice b. The requirements of the informal resolution with any right or privilege secured by Title IX or this Chancellor for Equal Access, who will follow the process, including the circumstances Protocol, constitutes retaliation. grievance procedures either under this Protocol under which it precludes the parties from or under the Vanderbilt Sexual Misconduct Policy. resuming a Formal Complaint arising from B. Vanderbilt will “keep confidential the identity The Title IX Coordinator (nor staff under the Title the same allegations; of any individual who has made a report or IX Coordinator’s supervision) will not oversee c. The fact that, at any time prior to agreeing complaint of sex discrimination, including any the investigation or adjudication of a complaint to an informal resolution, any party may individual who has made a report or filed a alleging that the Title IX Coordinator engaged withdraw from the informal resolution formal complaint of sexual harassment, any [C] in retaliation. If the Associate Vice Chancellor process and resume the Formal Grievance omplainant, any individual who has been reported for Equal Access is also the Title IX Coordinator, Process; and to be the perpetrator of sex discrimination, any an individual alleging the Title IX Coordinator d. Any consequences resulting from [R]espondent, and any witness, except as may retaliated against them may file a complaint with participating in the informal resolution be permitted” by Title IX, FERPA, or as otherwise the Vice Chancellor for Administration. process, including the records that will required by law, or to carry out Vanderbilt’s Title be maintained or could be shared.
APPENDIX B. VANDERBILT UNIVERSITY FORMAL GRIEVANCE PROTOCOL 117 APPENDIX
PROGRAMMINGC AND AWARENESS EVENTS 2020 – 2021 Academic Year
The following chart provides examples of the type of programs presented during the 2020-2021 academic year to raise awareness of and prevent sexual assault, domestic and dating violence, stalking, and other crimes. Due to pandemic health and safety protocols, all programming, education, and awareness events were provided remotely via Zoom or other on-line platforms.
APPENDIX C. PROGRAMMING AND AWARENESS EVENTS 118 MONTH PROGRAM PRESENTED/SPONSORED BY Project Safe Center for Sexual Misconduct Prevention and Response July New Student Athletes Policy and Resources Overview (Project Safe Center) and the Title IX Office Medical School Orientation: Policy and Resources Overview Title IX Office, Equal Opportunity and Access office (EOA), and Project Safe Center Dores Prevention Playbook (Student Athlete Prevention Program): Football first-year and transfer student athletes: program includes: Project Safe Center, Athletics, Student Accountability, Community Standards, bystander intervention training, effective consent, dating violence and sexual assault prevention. First part of a four-year educational program and Academic Integrity (Student Accountability), and Title IX Office. for student athletes. Dores Prevention Playbook: Sessions for Sophomore, Junior, and Senior Football players Project Safe Center, Athletics, Student Accountability, and Title IX Office Athletics Football Coaching Staff Mandatory Reporter and Resources Training Project Safe Center and Athletics Campus Connectors Reporting Obligations and Supporting Survivors Training (Every undergraduate student is assigned a Campus Connector, a professional staff member from Academic Affairs. That person is a single point of contact, providing support and information and connections Project Safe Center to campus resources.) August Orientation Leader Student Care Network Panel Project Safe Center and the Student Care Network Law School Orientation Sexual Misconduct Policy and Resources Overview Project Safe Center Dean of Students Division Mandatory Reporting and Survivor Support Training Project Safe Center Housing Resident Adviser Staff Training sessions: • Supporting Student Survivors Project Safe Center and the Office of Housing and Residential Experience (OHARE) • Bystander Intervention • Advanced Bystander Intervention Housing Resident Adviser Staff Training: Sexual Misconduct Policy and Reporting Title IX, Student Accountability, Project Safe Center, and OHARE Fraternity House Manager training, includes prohibited behaviors, support resources, and bystander intervention. Greek Life Divinity Student Orientation Campus Resources Fair Project Safe Center Center for Student Wellbeing and the Martha Rivers Ingram Commons (Commons) Community of Care: Alcohol Awareness and Social Responsibility (first-year residential college) Vanderbilt Addresses Sexual Violence —Workshop addressing dating violence and sexual assault prevention for all first-year students. Students also view CommonVU True Life, a student-produced program focusing on experiences of Vanderbilt students outside the classroom, Commons, Project Safe Center, Title IX Office, and Student Accountability including personal safety and sexual misconduct Vandy Sex Ed Peer Educators Consent Training Project Safe Center and the Margaret Cuninggim Women’s Center (Women’s Center) Office of Lesbian, Gay, Bisexual, Transgender, Queer, and Intersex Life September Navigating Healthy Relationships: Vandy Sex Ed (Office of LGBTQI Life) and Women’s Center Healthy Relationships in the U.S. Project Safe and International Student and Scholar Services Staying Safe in Nashville/International Orientation VUPD and International Student and Scholar Services Reporting and Responding to Disclosures of Sexual Misconduct (Faculty Workshop) Project Safe Center and Title IX Neuroscience Research Forum: Student Resources Panel Project Safe Center and the Neuroscience Graduate Program Project Safe Center and the Bishop Joseph Johnson Black Cultural Center Gaslighting, When the Receipts Don't Add Up (Black Cultural Center) Various campus offices including: Project Safe Center, Office of LGBTQI Life, Diverse ‘Dores Day: provides an opportunity for the entire Vanderbilt community to learn more about various support centers and Women’s Center, Student Access Services, Center for Student Wellbeing, Black identity-related resources and spaces on campus. Cultural Center, and Office of the University Chaplain and Religious Life National Academies of Science, Engineering and Medicine (NASEM) Action Collaborative Panel: Title IX Updates Project Safe Center Vanderbilt Recovery Support Seminar Center for Student Wellbeing Sexual Assault and Domestic Violence from a Transnational Perspective Project Safe Center and the Gender and Sexuality Studies Department Assertive and Boundary-Setting Workshop: Theta Tau Business Fraternity Project Safe Center October Housing Professional Staff Training: Campus Title IX Process Changes Project Safe Center and OHARE Supporting Survivors During a Pandemic Project Safe Center P.R.I.D.E. (Pursuing Respect, Inclusion, Diversity and Equity) Training. The PRIDE program aims to create a visible network of support Office of LGBTQI Life for LGBTQI individuals and their allies. Available to students, faculty and staff Chi Omega Health & Wellbeing Task Force Prevention and Support Training Project Safe Center and Greek Life
APPENDIX C. PROGRAMMING AND AWARENESS EVENTS 119 MONTH PROGRAM PRESENTED/SPONSORED BY October Dating and Domestic Violence Awareness month activities, programs include: National Call for Unity; The History of Domestic Violence Awareness Month Activism; What is VAWA? An Overview; Navigating Boundaries in a Breakup; Project Safe Center and Purple Ribbon Project (student organization) Creating Healthy Boundaries; the Escalation Workshop on Dating Violence; Supporting a Survivor, and Domestic Violence Resources at VU and in the Community; and Set the Expectation Week Survivor Speak-Out Project Safe Resources Project Safe Center and the University Counseling Center Sexual Assault Prevention: Naval ROTC Students Project Safe Center and Naval ROTC Bystander Intervention Training: Interfraternity Council Project Safe Center and Greek Life Vanderbilt Recovery Support Seminar Center for Student Wellbeing Supporting a Survivors and Bystander Intervention Training Project Safe Center and Office of Greek Life Set The Expectation Sexual Assault Awareness and Prevention Football Game Athletics and Project Safe Center Bystander Intervention for Incivility and Harassment: Business Services (multiple sessions) Project Safe Center and Business Services November Supporting a Survivor workshops for individual sororities Project Safe Center and Greek Life Assertiveness and Boundary-Setting workshops Project Safe Center and School of Medicine NPHC Chapter Prevention Action Planning workshops for individual NPHC chapters Project Safe Center, Greek Life, and individual NPHC sororities and fraternities Helping Patients Who Have Experienced Sexual Assault and Intimate Partner Violence Project Safe Center and School of Nursing Intimate Partner Violence on College Campuses: An Overview: Women's Fund of Nashville Project Safe Center and the Women's Fund of Nashville Vanderbilt Recovery Support Seminar Center for Student Wellbeing December Bystander Intervention Training: Vanderbilt Student Government (VSG) (multiple sessions) Project Safe Center and Vanderbilt Student Government Vanderbilt Recovery Support Seminar Center for Student Wellbeing January Bystander Intervention training for New Housing Staff Project Safe Center and OHARE Mandatory Reporting training for New Housing Staff Project Safe Center and OHARE Sexual Assault Awareness and Prevention: individual Greek organizations Project Safe Center and Greek Life Vanderbilt Recovery Support Seminar Center for Student Wellbeing Understanding Stalking Project Safe Center P.R.I.D.E. (Pursuing Respect, Inclusion, Diversity and Equity) Training. The PRIDE program creates a visible network Office of LGBTQI Life of support for LGBTQI individuals and allies.
Sex Ed and Healthy Relationships Week programs, including Healthy Relationships at Vanderbilt and Safest Sex During February Women’s Center, Vandy Sex Ed, and Student Health Center COVID-19 What is Rape Culture? (multiple sessions) Project Safe Center Supporting a Survivor workshops (multiple sessions) Project Safe Center Bystander Intervention Training (multiple sessions) Project Safe Center Interfraternity Council New Member Education, programs include: Understanding Rape Culture; Alcohol & Sex; Project Safe Center and Greek Life Bystander Intervention Training The Neurobiology of Trauma (multiple sessions) Project Safe Center Sexual Assault Awareness and Prevention: individual Greek organization Project Safe Center and Greek Life Vanderbilt Recovery Support Seminar Center for Student Wellbeing Advanced Bystander Intervention Training (multiple sessions) Project Safe Center Supporting a Survivor workshop for VSG Project Safe Center and Vanderbilt Student Government March Bystander Intervention Training (multiple sessions) Project Safe Center Greek Liaisons Training Project Safe Center and Greek Life Dores Prevention Playbook: separate sessions for Senior Men, Senior Women, Junior Men, Junior Women, Project Safe Center and Athletics Sophomore Men, Sophomore Women, First-Year Men, and First-Year Women Sex in the Dark Panel (questions submitted anonymously are answered by the panel) Project Safe Center, Student Health Center, Vandy Sex Ed Peer Educators, and Office of LGBTQI Life Interfraternity Council New Member Education program: Alcohol & Sex Project Safe Center and Greek Life Advanced Bystander Intervention Training (multiple sessions) Project Safe Center
APPENDIX C. PROGRAMMING AND AWARENESS EVENTS 120 MONTH PROGRAM PRESENTED/SPONSORED BY March What is Rape Culture? (multiple sessions) Project Safe Center The Neurobiology of Trauma (multiple sessions) Project Safe Center Supporting a Survivor Workshop (multiple sessions) Project Safe Center Rape Culture, Alcohol and Sex: Planned Parenthood Student Chapter Project Safe Center Vanderbilt Recovery Support Seminar Center for Student Wellbeing Bystander Intervention Training NPHC sororities (multiple sessions) Project Safe Center and Greek Life VSG Student Assembly: What does a Prevention Educator and Victim Resource Specialist Do? Project Safe Center and Vanderbilt Student Government Project Safe Center, University Counseling Center, Women's Center, AAPI Atlanta Attacks Vigil/Holding Space and the Vanderbilt University Vigil of Sorrow, Hope, and Solidarity and Office of Equity, Diversity, and Inclusion
Project Safe Center and Dean of Students Student Engagement and Project Safe Overview: Experiential Learning Directors Leadership Team Alcohol, Consent, & Rape Culture: Generation Action Student Organization Project Safe Center Project Safe Services Overview Project Safe Center and the Basic Sciences Department April Sexual Assault Awareness Month (SAAM) 2021 What Faculty and Staff Can Do with Donna Freitas Project Safe Center and the Provost's Sexual Misconduct Prevention Committee SAAM 2021 Kick-Off: Consent on Campus with Donna Freitas Project Safe Center SAAM 2021 programs, including Privilege The Intersections of Class, Gender, & Consent (featuring author Mary Adkins); Your Campus Sexual Assault Resources Panel; Sex & Survivorship: Lessons from the Margins; The SANE Exam – What to Know, What to Expect; and Project Safe Project Safe Center and Dean of Students Presents Ashlee Haz SAAM 2021 Assert Empowerment Self-Defense Training (multiple sessions); Project Safe Center and Greek Life Consent Education and Campus Reporting and Support Resources Project Safe Center and ROTC SAAM 2021 Survivor Speak Out Project Safe Center and Dean of Students Programming for individual Greek organizations, including: Bystander Intervention Training, Advanced Bystander Intervention Training, Project Safe Center, Greek Life, and the Center for Student Wellbeing and Alcohol and Other Drug Misuse Prevention SAAM 2021 Sis, Get Information...Intimate Partner Violence in the Black Community Project Safe Center and Greek Life Project Safe Center , Women in Government, and the Student Government Sexual Harassment in the Workplace Sexual Assault Prevention Subcommittee (VSAP) VU Staff Listening Session AAPI Violence Office of Equity, Diversity, and Inclusion, USAC, and Project Safe Center SAAM 2021 (In)Visible Portraits: Black Women and Experiences of Sexual Assault Project Safe Center VSG, VSG Sexual Assault Prevention Subcommittee (VSAP), and Project SAAM 2021 VSAP Presents Chanel Miller Safe Center Barriers to Bystander Intervention Project Safe Center and the Department of Cell and Developmental Biology SAAM 2021 Faith, Sexual Assault, & Survivorship: Exploring the Intersections Project Safe Center Sexual Violence Impacting AAPI Women Project Safe Center and the South Asian Cultural Exchange Vanderbilt Recovery Support Seminar Center for Student Wellbeing SAAM 2021 Supporting a Survivor Workshop Project Safe Center SAAM 2021 Assertiveness and Boundary-Setting Workshop Project Safe Center SAAM 2021 Dating Apps: Intentions, Communication, & Tips for Staying Safe Project Safe Center SAAM 2021 Calling Out Inappropriate Behavior Project Safe Center SAAM 2021 #AllMenCan: Men's Role in Violence Prevention Project Safe Center Project Safe Center , Student Health Center, Vandy Sex Ed Peer Educators, SAAM 2021 Sex in the Dark Panel Office of LGBTQI Life May Violence Prevention and You: University School of Nashville Seniors and Parents Project Safe Center June New Student Athletes Policy and Resources Overview Project Safe Center and Title IX Office Vanderbilt Summer Science Academy (VSSA) Orientation: Support Resources Project Safe Center
APPENDIX C. PROGRAMMING AND AWARENESS EVENTS 121 APPENDIX
CRIME STATISTICSD as Reported to TBI
APPENDIX D. CRIME STATISTICS AS REPORTED TO TBI 122 In compliance with the Tennessee College and used to collect Group A and Group B incident data Vanderbilt University campus, Vanderbilt University University Security Information Act, Vanderbilt from law enforcement in the state of Tennessee. Medical Center, Vanderbilt Health at 100 Oaks, and all University Police Department reports to the shops, restaurants, and a movie theater located at the Tennessee Bureau of Investigation monthly incident- Reporting requirements are based on jurisdictional 100 Oaks Mall. To access the statistical information based crime data. The Tennessee Incident Based boundaries specified in the Memorandum of online, go to crimeinsight.tbi.tn.gov. Reporting System (TIBRS) is the reporting method Understanding with MNPD, including the areas of
TBI Crime Statistics 2018 (Population 39,038) 2019 (Population 40,407) 2020 (Population 42,563) Offense Offenses Rate per 1000 Offenses Rate per 1000 Offenses Rate per 1000 Homicide Offenses (Total) 1 0.0 0 0.0 0 0.0 Murder 1 0.0 0 0.0 0 0.0 Negligent Manslaughter 0 0.0 0 0.0 0 0.0 Kidnapping/Abduction 2 0.1 1 0.0 3 0.1 Sex Offenses (Forcible) (Total) 13 0.3 12 0.3 17 0.4 Forcible Rape 4 0.1 0 0.0 2 0.0 Forcible Sodomy 3 0.1 0 0.0 1 0.0 Sexual Assault W/Object 2 0.1 1 0.0 1 0.0 Forcible Fondling 4 0.1 11 0.3 13 0.3 Robbery 1 0.0 6 0.1 3 0.1 Assault Offenses (Total) 169 4.3 209 5.2 117 2.7 Aggravated Assault 14 0.4 22 0.5 5 0.1 Simple Assault 100 2.6 112 2.8 68 1.6 Intimidation 48 1.2 61 1.5 41 1.0 Stalking 7 0.2 14 0.3 3 0.1 Arson 0 0.0 0 0.0 1 0.0 Extortion/Blackmail 1 0.0 2 0.0 1 0.0 Burglary 13 0.3 3 0.1 9 0.2 Larceny/Theft Offenses (Total) 358 9.2 438 10.8 310 7.3 Theft - Pocket-picking 1 0.0 0 0.0 2 0.0 Theft - Purse Snatching 0 0.0 0 0.0 1 0.0 Theft - Shoplifting 56 1.4 74 1.8 45 1.1 Theft From Building 202 5.2 240 5.9 156 3.7 Theft From Coin Machine 0 0.0 0 0.0 1 0.0 Theft From Motor Vehicle 36 0.9 53 1.3 57 1.3 Theft of Motor Vehicle Parts 16 0.4 13 0.3 10 0.2 Theft - All Other Larceny 47 1.2 58 1.4 38 0.9 Motor Vehicle Theft 9 0.2 9 0.2 6 0.1
APPENDIX D. CRIME STATISTICS AS REPORTED TO TBI 123 TBI Crime Statistics 2018 (Population 39,038) 2019 (Population 40,407) 2020 (Population 42,563) Offense Offenses Rate per 1000 Offenses Rate per 1000 Offenses Rate per 1000 Counterfeiting/Forgery 3 0.1 14 0.3 3 0.1 Fraud Offenses (Total) 31 0.8 58 1.4 24 0.6 Fraud - Computer Hacking/Invasion 0 0.0 0 0.0 0 0.0 Fraud - Credit Card/ATM 6 0.2 9 0.2 1 0.0 Fraud - False Pretenses 12 0.3 26 0.6 6 0.1 Fraud - Identity Theft 2 0.1 2 0.0 1 0.0 Fraud - Impersonation 6 0.2 8 0.2 3 0.1 Fraud - Welfare 0 0.0 0 0.0 0 0.0 Fraud - Wire 5 0.1 13 0.3 13 0.3 Embezzlement 12 0.3 7 0.2 2 0.0 Stolen Property Offenses 1 0.0 6 0.1 1 0.0 Destruction/Damage/Vandalism 46 1.2 62 1.5 44 1.0 Drug Narcotic Violations (Total) 144 3.7 122 3.0 103 2.4 Drug/Narcotic Violations 97 2.5 90 2.2 78 1.8 Drug/Narcotic Equipment Violations 47 1.2 32 0.8 25 0.6 Sex Offenses (Non-Forcible) (Total) 0 0.0 0 0.0 1 0.0 Incest 0 0.0 0 0.0 1 0.0 Statutory Rape 0 0.0 0 0.0 0 0.0 Pornography/Obscene Material 0 0.0 0 0.0 1 0.0 Gambling Offenses 0 0.0 0 0.0 0 0.0 Prostitution Offenses 0 0.0 1 0.0 1 0.0 Bribery 0 0.0 0 0.0 0 0.0 Human Trafficking Offenses 0 0.0 0 0.0 0 0.0 Weapon Law Violations 4 0.1 8 0.2 4 0.1 Animal Cruelty 0 0.0 2 0.0 0 0.0 Bad Checks 0 0.0 0 0.0 0 0.0 Curfew/Vagrancy 0 0.0 0 0.0 0 0.0 Disorderly Conduct 7 0.2 6 0.1 3 0.1 DUI 6 0.2 5 0.1 7 0.2 Drunkenness 15 0.4 24 0.6 3 0.1 Family-Non Violent 3 0.1 1 0.0 0 0.0 Liquor Law Violations 210 5.4 178 4.4 102 2.4 Peeping Tom 0 0.0 0 0.0 0 0.0 Trespass 36 0.9 46 1.1 24 0.6 All Other Offenses 9 0.2 6 0.1 9 0.2
APPENDIX D. CRIME STATISTICS AS REPORTED TO TBI 124