Policy on Sexual Misconduct Response and Prevention
This policy applies to complaints of alleged sexual misconduct. RUSM University expressly prohibits any instances of sexual misconduct including sexual harassment, domestic violence, dating violence, sexual assault, stalking, and rape or acquaintance rape. Any acts that fall within the definitions of sexual harassment, sexual assault, rape, acquaintance rape, stalking, dating violence, domestic violence or prohibited sexual contact are a violation of University policy, and potentially applicable state and federal law. RUSM is committed to fostering an environment where any type of sexual misconduct is promptly reported and sexual misconduct complaints are resolved in a fair and timely manner.
Creating a safe environment is the responsibility of all members of the RUSM community. Regardless of the definitions provided below, anyone who believes they are a victim of sexual misconduct should report the incident as soon as possible to the Title IX Coordinator or the campus complaint administrator and seek immediate medical and/or safety assistance.
This policy applies to all members of the RUSM community, and includes, but is not exclusive to, faculty, staff, students, visitors, volunteers, vendors, and persons related to, receiving or seeking to receive services from the University, or otherwise pursuing undergraduate, graduate or professional studies at the University. It also applies to alleged acts of sexual misconduct that adversely affect the RUSM community, whether those acts occur on or off campus.
“Acquaintance rape” is a sex crime committed by someone who knows the victim. The perpetrator could be a friend, classmate, relative, or co-worker. Acquaintance rape includes forced, manipulated, or coerced sexual contact or penetration by a body part or object with someone who has not given or is incapable of giving consent.
“Clery Act” refers to the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, 20 U.S.C. Section 1092(f); 34 C.F.R. Part 668.46
“Colleague Code of Conduct” refers to the policy titled “DeVry Education Group (DVG) Code of Conduct and Ethics” which is applicable to colleagues and outlines colleague’s rights and responsibilities.
“Colleague complaint procedure” is the vehicle by which a colleague can bring to the University’s attention any complaint relating to his/her experience with the College or a member of the College community. It is the College’s mechanism for investigating and trying to resolve complaints raised by colleagues. This procedure is also referred to as the Open Door Policy.
“Complaint administrator” is a RUSM colleague responsible for conducting an investigation when a complaint of sexual misconduct is raised. To find out who the complaint administrator is at any given location for a particular complaint, consult the location’s student services office or the Title IX coordinator.
“Conduct administrator” is a RUSM/DeVry official authorized to administer disciplinary proceedings for respondents who may have violated the Code of Conduct applicable to students. A conduct administrator may serve as the sole member or as a participant in the conduct panel. Nothing shall prevent the University from authorizing the same conduct administrator to impose sanctions in all cases at a single or multiple locations.
“Conduct panel” means any person or persons authorized by the conduct administrator to determine whether a respondent has violated the Code of Conduct applicable to students and to determine appropriate sanctions; at RUSM these bodies are the Honor Council and Grievance Committee.
“Consent” is a freely given agreement to engage in a specific sexual act.. While the explicit definition of consent varies by jurisdiction, the following general rules apply when assessing whether consent was given. The lack of explicit consent does not imply consent. Where there is use of threat or force by the accused, the lack of verbal or physical resistance or the submission by the victim does not constitute consent. The manner of dress of the victim at the time of the offense does not constitute consent. Past consent to sexual contact and/or a sexual history with the accused does not imply consent to future sexual contact. A person who initially consents to sexual contact or penetration may withdraw continued consent at any time during the course of that interaction. Intoxication due to use of alcohol or drugs may impair an individual’s capacity to consent freely and may render an individual incapable of giving consent.
“Coordinator” refers to the University’s Title IX coordinator. C, Associate Title IX Coordinator (Camille D. Lee TitleIXCoordinator@adtalem.com or 630-353-7075) and TiShaunda McPherson, Director, Equity and Access (TiShaunda.McPherson@adtalem.com) are designated to receive and monitor resolution for all Title IX reports.
“CRC” refers to the Coaching Resource Center which is available to managers to assist in addressing colleague relation concerns.
“Dating violence” means violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim.
“RUSM premises” includes all land, buildings, facilities, student housing and other property in the possession of or owned, used, or controlled by the University (including parking lots, adjacent streets and sidewalks).
“Domestic violence” refers to felony or misdemeanor crimes of violence committed by either a current or former spouse of the victim; a person with whom the victim shares a child in common; a person who is or has cohabitated with the victim as a spouse; a person similarly situated to a spouse of the victim under the jurisdictional domestic or family violence laws; or any other person against a victim who is protected from that person’s acts under the jurisdictional domestic or family violence laws.
“FERPA” means the Family Educational Rights and Privacy Act, 20 U.S.C. Section 1232g; 34 C.F.R. Part 99.
“Member of the RUSM community” includes RUSM students, faculty members or staff, and any other individuals associated with the University. The conduct administrator or complaint administrator shall determine a person’s status in a particular situation.
“One Up Manager” is a colleague’s manager’s manager. It is the person responsible for receiving a colleague’s complaint when his/her direct manager is implicated in that complaint.
“Policy” is defined as the regulations of the University, for example those found in the Student Handbook, colleague handbook, DVG Code of Conduct and Ethics, and any housing handbooks or catalogs.
“Rape” is defined as sexual intercourse or penetration by a body part or object, through use of coercion or force, with someone who has not given or is incapable of giving consent.
“Sexual assault” is defined as physical contact of a sexual nature against the victim’s will or without the victim’s consent.
“Sexual contact” means the deliberate touching of a person’s intimate body parts (including lips, genitalia, groin, breast or buttocks, or clothing covering any of those areas), or using force to cause a person to touch his or her own or another person’s intimate body parts.
“Sexual harassment” means unwelcomed sexual advances, requests for sexual favors or other conduct of a sexual nature. Sexual harassment occurs when a student or colleague is the recipient of conduct of a sexual nature where: (1) Submission to, or toleration of, such conduct is made either explicitly or implicitly a term or condition of the student’s education, colleague’s employment; or (2) Submission to or rejection of such conduct by an individual is used as the basis for academic decisions about the student or professional decisions about the colleague; or (3) Such conduct has the purpose or effect of unreasonably interfering with the colleague/ student’s welfare or professional/ academic performance, or creates an intimidating, hostile, offensive or demeaning work/ academic environment.
“Sexual misconduct” is a broad term encompassing sexual harassment, dating violence, domestic violence, rape, sexual assault, and stalking. Sexual misconduct can occur between strangers or acquaintances, including people involved in an intimate or sexual relationship. Sexual misconduct can be committed by men or by women, and it can occur between people of the same or different sex.
“Stalking” is a pattern of behavior directed at a specific person that would cause a reasonable person to feel fear for his/her safety. A person commits stalking by knowingly engaging in a course of conduct directed at a specific person when the person engaging in the conduct knows or should know that this course of conduct would cause a reasonable person to fear for his/her safety or the safety of a third person or suffer other emotional distress.
“Code of Conduct applicable to students” refers to the document titled “Code of Conduct” which is applicable to students and accessible in the Student Handbook. It outlines students’ rights and responsibilities, as well as the process by which the University may take action against a student.
“Student complaint procedure” is the vehicle by which a student can bring to the University’s attention any complaint relating to his/her experience with the University or a member of the RUSM community. It is the University’s mechanism for investigating and trying to resolve complaints raised by students.
“Speak Up” refers to SpeakUpDeVryGroup,a reporting system available to colleagues and managed by a third party vendor (EthicsPoint), which encourages DeVry colleagues to come forward with questions or concerns, including allegations of sexual misconduct. Colleagues are expected to ask legal, compliance and ethics questions and report suspected wrongdoing. Colleagues can utilize the SpeakUp program by contacting the third party contractor EthicsPoint by phone at 1 866 421 0617 or on-line at www.speakupdevrygroup.ethicspoint.com.
“Title IX” refers to the U.S. Department of Education regulation which governs the efforts of educational institutions to maintain a campus free from sex and gender discrimination including investigating and remediating sexual misconduct by students, colleagues, or third parties.
“University” or “RUSM” means Ross University School of Medicine
Prevention and Awareness
Acts that are deemed to fall under the definition of sexual misconduct by the University are violations of the Codes of Conduct, as well as the expectations of members of the RUSM community. These acts may also be crimes. In an effort to reduce the risk of sexual misconduct such as sexual assault from occurring among its students and colleagues, the University is committed to providing awareness and prevention programming.
The University will identify and provide programs to students, colleagues, faculty, consistent with requirements of Title IX, VAWA, SaVE and other needs as determined on an ongoing basis. These Programs will address all forms of sexual misconduct and include themes of awareness and primary prevention such as bystander intervention and the establishment of community norms.
Acts of dating violence, domestic violence, rape, sexual assault, sexual harassment, and stalking are subject to disciplinary action by the University. Victims may file a formal complaint with a designated local campus administrator or through the Title IX Coordinator. If the victim wishes to access local community agencies and/or law enforcement for support, the University will assist the victim in making these contacts. The University official who receives notification of the misconduct will offer assistance to victims, which may take the form of opportunities for assistance with academic concerns, changes in housing for the victim or the responding student, changes in working situations and other assistance as may be appropriate and available (such as no contact orders, campus escorts, transportation assistance, or targeted interventions). No victim is required to take advantage of these services and resources, but the University provides them in the hope of offering help and support. A summary of these rights and options is available to victims through Student Affairs, Student services or human resources. The University may also provide referrals to counseling services, at the victim’s option.
When the victim chooses, or the University believes it is necessary, the University will initiate a prompt, fair and impartial investigation. If allegations are substantiated based on the totality of the circumstances, the respondent may be subject to the Code of Conduct process, which may result in the imposition of sanctions/discipline based upon a preponderance of evidence (what is more likely than not). The student complaint procedure which details the investigation and resolution processes for student misconduct can be found in the Compliant Procedure Section of this handbook.. The colleague complaint procedure which details the investigation and resolution processes for colleague misconduct can be found in the colleague handbook.
The Title IX Coordinator will monitor the investigation and resolution of sexual misconduct reports and assure compliance with this policy. Furthermore, the Title IX Coordinator will work with campus administration to identify and initiate strategies intended to remedy the effects on the victim and the community to the extent practicable, and reasonably prevent the recurrence of similar misconduct.
Privacy of the records specific to sexual misconduct investigations is maintained in accordance with applicable law, including FERPA. Any public release of information to comply with the timely warning provisions of the Clery Act will not include the names of victims or information that could easily lead to a victim’s identification. In appropriate instances, RUSM will disclose pertinent interim actions and the results of disciplinary hearings regarding the alleged perpetrator of sexual misconduct to the alleged victim. Confidentiality will be maintained whenever possible, however RUSM reserves the right to exercise discretion and disclose details of an incident or allegation to assure community safety or the safety of an individual.
Any individual wishing to discuss an instance of sexual misconduct without triggering an immediate investigation should seek referral to mental health counseling services. Students may seek support on Dominica through Counseling Services at 255-6553, off-island through ASPIRE at 888.470.1531 or via info@myASPIREonline.com and colleagues may seek support 24 hours a day, seven days a week through GuidanceResources at 877-623-3879.
It is RUSM’s policy to hold perpetrators of interpersonal violence, which includes sexual assault, prohibited sexual contact, stalking, dating and domestic violence in any form, accountable for their actions through appropriate student conduct or personnel procedures, and by working with community agencies and law enforcement as appropriate. Mediation will not be used to resolve an allegation of sexual misconduct.
For students: Please see the definitions section above for a list of proscribed conduct that constitutes a violation of this policy. Appropriate disciplinary sanctions for substantiated violations of this policy, up to and including expulsion, will be imposed in accordance with the Code of Conduct applicable to students found here in the Sanctions section of this Student Handbook. . This policy statement is not intended to replace or substitute for the Code of Conduct applicable to students. This policy is a supplement to the community standards that the Code of Conduct applicable to students sets forth. Alleged violations of this policy will be referred to the applicable complaint administrator or conduct administrator for appropriate review. All parties in a student conduct proceeding will be informed of the University’s appeal processes, and their rights to request an appeal. Should any change in outcome occur prior to finalization, all parties will be timely informed, and will be notified when the results of the resolution process become final.
For faculty and staff (all colleagues): Appropriate disciplinary sanctions for violations of this policy include written reprimand or termination of employment or contract, and will be imposed in accordance with applicable University policies and procedures, including the Colleague Code of Conduct, available in the colleague handbook. For offenses including harassment, domestic violence, dating violence and stalking, possible sanctions include warning, probation, housing suspension, housing expulsion, limiting order, change in job assignment, office relocation, reduction of awards under the management incentive plan, and termination of employment or contract. Serious and violent incidents and acts of non-consensual sexual intercourse (the policy equivalent to the crime of rape) usually result in suspension, expulsion or termination of employment or contract. In addition, violations of this policy may trigger application of law. Colleagues who are made aware of a possible violation of this policy are required to contact their Manager or One Up Manager and also the Title IX Coordinator. Colleagues can also submit anonymous reports of sexual misconduct by utilizing the DVG “Speak Up” hotline at www.speakupdevrygroup.ethicspoint.com. Colleagues should contact the Title IX Coordinator with any questions about whether a report to law enforcement is appropriate. Nothing in this policy prohibits a student or colleague from reporting a crime directly to local authorities.
For everyone: Disciplinary procedures are independent of any and all criminal procedures and proceedings. In all cases, RUSM reserves the right to refer cases for criminal prosecution or to pursue sanctions regardless of criminal prosecution. Violations of this policy by a visitor, volunteer, vendor, agents, or other third parties affiliated with the University may also result in the termination of pre-existing or future relationships. In any complaint of sexual misconduct, the person bringing the accusation and the responding party are both entitled to the same opportunities for a support person or advisor of their choice throughout the process and consistent with guidelines set forth in the applicable handbook. Once complete, the parties will be informed, in writing, of the outcome. Notice to both parties will include the findings, as well as the sanctions/discipline (if any) to the degree possible and always when the sanction/ discipline is directly relevant to that individual. Delivery of this outcome will not be unduly delayed to either party, and should occur as near to simultaneously as possible.
Procedures to Follow After a Sexual Misconduct Incident
Victims of domestic violence, dating violence, sexual assault, stalking, rape, and acquaintance rape on campus or at any campus property outside of the main campus, or at any RUSM-sponsored event or activity have the option and are encouraged to contact local law enforcement authorities.
Whenever possible victims should report a violation of this policy as soon as possible and preserve evidence as may be necessary to prove that domestic violence, dating violence, sexual assault, or stalking occurred, or to obtain a protection order. Victims of sexual assault or rape are strongly encouraged to report the incident as described in this policy in order to deter these assaults and to ensure that victims receive the services they need. Steps should be taken to help deal with physical and emotional trauma associated with the violation. Recommended steps include:
Victims are not required to report an incident to law enforcement authorities, but campus authorities will assist victims who wish to do so. Anyone with knowledge about a sexual assault or other sexual misconduct is encouraged to report it immediately to the Title IX Coordinator in order to permit a coordinated report to the applicable law enforcement authorities when appropriate. Nothing in this policy prohibits a student or colleague from reporting a crime directly to local authorities.
Please refer to the Resources for Victims of Sexual Misconduct section of this document for a link to local resources for advice and assistance to victims.
RUSM will take interim steps to protect victims of sexual misconduct and maintain a positive learning and working environment by minimizing or eliminating contact with the respondent and providing reasonable academic and administrative accommodations in accordance with the Clery Act and Title IX. Victims of sexual misconduct may request a change in their academic or employment arrangements by contacting Student Central office, One Up Manager, Title IX Coordinatoror local leadership. Additionally, reasonable employment arrangements may also be requested through human resources while an investigation ensues. Victim’s rights include:
For faculty and staff (all colleagues): In the event that a violation of this policy is reported to you, the victim should be provided with the above-listed options. For more specific instructions on how to properly comply with University’s sexual misconduct policy, please consult with the Title IX Coordinator.
RUSM prohibits retaliation against anyone who reports an incident of sexual misconduct or any person who assists or participates in a proceeding, investigation or hearing relating to such allegations. Any allegation of retaliation related to the investigation or resolution of a sexual misconduct allegation will be treated as an independent Title IX complaint requiring consideration of appropriate reparative interim action, as well as investigation and resolution as described in this policy.
Retaliation includes, but is not limited to, any form of intimidation, reprisal, or harassment.
All complaints of retaliation should be reported in accordance with RUSM’s complaint procedures. If University procedures would result in the student or colleague being required to submit his/her complaint to the person whom he/she believes is retaliating against him/her, the student or colleague may submit the retaliation complaint directly to the Title IX Coordinator, or to the campus or location leader or One Up Manager, who should also inform the Title IX Coordinator.
Submission of a good-faith complaint or report of sexual misconduct will not adversely affect the complainant’s future academic or work environment. RUSM will discipline or take other appropriate action against anyone who retaliates against any person who reports an incident of alleged sexual misconduct or who retaliates against any person who assists or participates in a proceeding, investigation or hearing related to such allegations.
RUSM wishes to create an environment in which individuals feel free to discuss concerns and make complaints. RUSM understands that complainants, witnesses, and others involved in the investigation process may be concerned about the confidentiality of the information they are sharing. In some cases, howeverRUSM may be obligated to take action when it becomes aware of information relating to a complaint.
Confidentiality in cases of sexual misconduct will be maintained to the extent permissible by law and consistent with RUSM’s obligations in investigating complaints. Once an individual discloses identifying information to RUSM through the processes described above and in the applicable complaint procedures, he/she will be considered to have filed a complaint with RUSM. While the confidentiality of information received, the privacy of individuals involved, and compliance with the wishes of the complainant or witnesses cannot be guaranteed, they will be respected to the extent possible and appropriate.
If a student or colleague wishes to speak with someone who can assure confidentiality, he/she is encouraged to access counseling services available by referral through RUSM’s third party provider, ASPIRE, at 888.470.1531 or via http://myaspireonline.com (for students) or GuidanceResources at 877-623-3879 (for colleagues).
Resources for Victims of Sexual Misconduct
Local Resources are reviewed each year and can be found in the Annual Disclosure reports distributed to each campus community and posted on the Student Consumer Info page of the University’s web site. The reports are available by location in a drop-down menu and contain lists of local resources available to victims of sexual misconduct. The resource lists are updated annually.
To access this information, go to:
Online assistance: http://www.rapecrisis.com/