Student Handbook

Sexual Misconduct and Sexual Harassment

Nothing matters more than the safety and well-being of every individual in our community. With that aim, Richmont continuously strives to educate the student community about the effects of sexual assault. Sexual harassment is antithetical to university values, a barrier to learning in the classroom, and an obstruction to productivity in the workplace.

Both legally and morally, Richmont rejects any form of sexual misconduct. Sexual harassment is prohibited by federal statute [cf. Title VII of the Civil Rights Act, 1964, 42 U.S.C. Sections 2000e et seq. (1992); Title IX of the Educational Amendments, (1972), 20 U.S.C. Sections 1681 et seq. (1990)]. Similarly, all members of the Richmont community share responsibility for the creation of a campus that bears joyful witness to the God-given worth of all persons. The university’s Christian identity and values require us to act in a manner honoring others.

Biblical View on Sexual Misconduct

Every member of the Richmont community should be aware that Richmont is strongly opposed to sexual misconduct and/or harassment and that such behavior is prohibited both by policy and by law [cf. Title VII of the Civil Rights Act, 1964, 42 U.S.C. Sections 2000e et seq. (1992); Title IX of the Educational Amendments, (1972), 20 U.S.C. Sections 1681 et seq. (1990)].  Sexual harassment is a barrier to learning in the classroom and to productivity in the workplace. 

  

Sexual misconduct and sexual harassment are a violation of Christ’s commandment to love our neighbor as ourselves.  It denies the image of God in the other, and it negates our oneness in Christ.  Sexual harassment regularly involves an abuse of power.  It invariably interferes with shared ministry and rends the Body of Christ. With these things in mind, together with the realization that when one member suffers all suffer together (1 Cor. 12:26), Richmont establishes the following policy, definitions, and procedures about sexual harassment. Richmont intends to take whatever action may be needed to prevent, correct, and if necessary, discipline behavior which violates this policy.  Faculty, administrators, and supervisors have the responsibility to participate in the creation of a campus environment free from sexual harassment and an environment that bears joyful witness to the God-given worth of all persons. 

Sexual Misconduct and Sexual Harassment Definitions

Dating Violence is defined as violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship shall be determined based on the reporting party’s statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. For the purposes 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 (U.S. Department of Education, 2016, Chapter 8).

Domestic Violence is defined as a felony or misdemeanor crime of violence committed
• by a current or former spouse or intimate partner of the victim;
• by a person with whom the victim shares a child in common;
• by a person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner;
• by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred;
• by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred (U.S. Department of Education, 2016, Chapter 8).

Stalking is defined as engaging in a course of conduct directed at a specific person that would cause a reasonable person to
• fear for the person’s safety or the safety of others; or
• suffer substantial emotional distress (U.S. Department of Education, 2016, Chapter 8).

Sexual Assault is defined as an offense that meets the definition of rape, fondling, incest, or statutory rape as used in the FBI’s UCR program and included in Appendix A of 34 CFR Part 668 (U.S. Department of Education, 2016, Chapter 8).

Sexual Harassment incudes unwelcome sexual advances, requests for sexual favors, other verbal or physical conduct of a sexual nature, and/or sexual assault. Sexual harassment occurs when:
• submission to such conduct is made either explicitly or implicitly a condition of instruction, employment, or participation in any Richmont activity;
• submission to or rejection of such conduct by an individual is used as a basis for evaluation in making any academic or personnel decision affecting that individual; or
• such conduct has the purpose or effect of unreasonably interfering with an individual’s performance or participation in instructional, employment-related, or other Richmont activity.

Both men and women may be victims of sexual harassment. One person may be sexually harassing another person and not be aware that his or her behavior is viewed negatively. In determining whether the alleged conduct constitutes sexual harassment, consideration shall be given to the conduct of the accused, as a whole, and to the totality of the circumstances, including the context in which the alleged conduct occurred. 

Consent
Under Georgia law, consent to sexual activity is defined as an informed and voluntary agreement and cannot be given by someone who is underage (generally, the age of consent is 16 years old). Georgia courts have found consent cannot be given by someone who is incapacitated by drugs or alcohol, mentally incompetent, or in fear of being hurt or suffering other dangerous consequences.

Under Tennessee law, consent to sexual activity is defined as express or apparent agreement to engage in sexual activity. Consent cannot be given by persons who are forced, threatened, coerced, or deceived, incapable of understanding the nature of the conduct due to youth, intoxication, or a mental disease or defect, rendered incapable of controlling their actions or understanding the nature of the conduct due to acts done to them or substances consumed involuntarily, unconscious, asleep, or otherwise physically or verbally unable to object or resist, or underage (generally, the age of consent is 18 years old). Students, faculty, and staff who are outside of Georgia and Tennessee are encouraged to verify their state’s definition of consent.

Safe and Effective Bystander Interventions

Bystanders play a critical role in the prevention of sexual and relationship violence. They are "individuals who observe violence or witness the conditions that perpetuate violence. They are not directly involved but have the choice to intervene, speak up, or do something about it." We want to promote a culture of community accountability where bystanders are actively engaged in the prevention of violence without causing further harm.

We may not always know what to do even if we want to help. If you or someone else is in immediate danger, dial 911. This could be when a person is yelling at or being physically abusive towards another and it is not safe for you to interrupt.

How to be an active bystander:
1. Create a distraction - Do what you can to interrupt the situation. A distraction can give the person at risk a chance to get to a safe place.
2. Ask directly - Talk directly to the person who might be in trouble.
3. Refer to an authority - Sometimes the safest way to intervene is to refer to a neutral party with the authority to change the situation.
4. Enlist others - It can be intimidating to approach a situation alone. Enlist another person to support you.
5. Your actions matter - Whether or not you were able to change the outcome, by stepping in, you are helping to change the way people think about their role in preventing sexual assault.

Risk Reduction of Sexual Misconduct

The following tips may reduce your risk for many different types of crimes, including sexual violence (taken from Rape, Abuse & Incest National Network, rainn.org):

1. Know your resources. Who should you contact if you or a friend needs help? Where should you go? Locate resources such as a local health center, police station, and a local sexual assault service provider.
2. Stay alert. When you're moving around on campus or in the surrounding neighborhood, be aware of your surroundings. Consider inviting a friend to join you. If you're alone, only use headphones in one ear to stay aware of your surroundings.
3. Be careful about posting your location. Many social media sites use geolocation to publicly share your location. Consider disabling this function and reviewing other social media settings.
4. Make others earn your trust. A university environment can foster a false sense of security. They may feel like fast friends, but give people time to earn your trust before relying on them.
5. Think about Plan B. Spend some time thinking about back-up plans for potentially sticky situations. If your phone dies, do you have a few numbers memorized to get help? Do you have emergency cash in case you can't use a credit card? Do you have the address to your dorm or college memorized? If you drive, is there a spare key hidden, gas in your car, and a set of jumper cables?
6. Be secure. Lock your door and windows when you're asleep and when you leave the room. If people constantly prop open the main door to the apartment, tell security or a trusted authority figure.

Procedures for Victims of Sexual Misconduct

Richmont Graduate University prohibits the crimes of dating violence, domestic violence, sexual assault, and stalking as those terms are defined for purposes of the Clery Act.

Initial Action Steps for Students

If a student is a victim of sexual assault, sexual misconduct, or sexual harassment, the priority is to get to a place of safety. At that point, the student should obtain necessary medical treatment. Time is a critical factor for evidence collection and preservation in case the student decides at some point to pursue legal options. Filing a report with the local police department by dialing 911 is recommended and will not obligate the victim to prosecute at a later date.

A student who has been the victim of sexual misconduct or harassment should either file a grievance (See Student Grievances) or report the incident(s) to the Office of Student Affairs. The Office of Student Affairs will assist the student in notifying authorities if requested, and will help with referrals to off-campus mental health services. Reporting the incident to the Office of Student Affairs will initiate the Formal Grievance process.

The Office of Student Affairs can be contacted at studentaffairs@richmont.edu.

If the alleged perpetrator of sexual misconduct or assault is a student at Richmont, the alleged perpetrator’s name will be disclosed to either the Dean of the School of Counseling or Dean of the School of Ministry. The Dean will follow the Student Evaluation procedure Student Performance and Disposition Review as outlined in the Graduate Catalog. Possible outcomes following these procedures include: Continuance in the Program, Probationary Status with Appropriate Remedial Actions (i.e., Student Development Plan), or Dismissal. Reports of sexual misconduct must be filed within 30 days of the incident or most recent incident(s).

If the alleged perpetrator is an employee at Richmont, the Student Grievance Investigative Committee will follow the Student Grievance procedures as outlined in the Student Handbook. Student Grievances must be filed within 30 days of the incident or most recent incident(s). A representative from Human Resources will be added to the Student Grievance Investigative Committee and will lead the investigation in cases of alleged sexual misconduct or harassment by a university employee. The student filing the grievance will be allowed to choose one person (a student or employee from the Richmont community) who has had no formal legal training to accompany them throughout their grievance process.

A student found guilty of violating the Richmont sexual misconduct policy could be criminally prosecuted in the state courts and may be suspended or expelled from Richmont.

Student victims have the option to change their academic situations after an alleged sexual assault if such changes are reasonably available.

Staff Responsibility to Report

An individual having direct knowledge of sexual harassment by a member of the Richmont community has a clear duty to bring the matter to the attention of Human Resources or The Office of Student Affairs immediately. This designated investigator may serve as the complainant in such a matter and may pursue the matter through the informal and formal complaint resolution process.

Critical Incidents

In a situation in which the health or well-being of a member of the Richmont community is threatened, the person so threatened, a designated investigator, supervisor, or another person should promptly inform the President. The President is authorized to take such action as is necessary and appropriate to ensure the well-being of the Richmont community.

Time Limits

Richmont intends to resolve alleged sexual harassment incidents in as timely a manner as possible. However, the time limits set forth herein may be extended for a good cause. The total period for the investigation, from the filing of a formal complaint or grievance to the issuance of the Final Determination, shall not exceed 120 calendar days.

Confidentiality

Richmont will protect the confidentiality of the alleged victims and other necessary parties and will complete publicly available records (including Clery Act reporting and disclosures) without the inclusion of identifying information about the victim. The university will confidentially maintain any accommodations or protective measures provided to the victim, to the extent that maintaining such confidentiality does not impair the ability of the university to provide the accommodations.

Victim Assistance

Richmont will provide written notification to students and employees about existing mental health, victim advocacy, legal assistance, visa and immigration assistance, student financial aid, and other services available for victims, both within the institution and in the community. These services are provided off-campus and from local professionals within the community.

Richmont will provide written notification to victims about options for available assistance regarding how to request changes to academic or working situations on campus to provide protection from the alleged or confirmed perpetrator. The university will make such accommodations if they are requested by the victim and if they are reasonably available, regardless of whether the victim chooses to report the crime to local law enforcement.

Richmont will provide the student with a written explanation of the student’s rights and options when a student or employee reports to the institution that the student or employee has been a victim of dating violence, domestic violence, sexual assault, or stalking, whether the offense occurred on or off campus.

Sexual Misconduct Educational Programs and Campaigns

Richmont Graduate University provides information and education that promotes awareness of sexual misconduct and harassment for incoming students and new employees. The training includes both primary and ongoing trainings for the prevention and intervention of sexual misconduct. Topics include definitions related to domestic violence, dating violence, sexual misconduct, sexual harassment, safe and effective bystander interventions, etc.

New students are invited to participate in the university’s online sexual misconduct and harassment training during their first semester as a student at Richmont. 

Advising the Campus Community About Sex Offenders

Convicted sex offenders are required by law to register their names and addresses with Department of Corrections in Georgia and the Department of Correction in Tennessee. Interested persons may obtain state information on individuals registered as sex offenders by visiting the Georgia Bureau of Investigation Sex Offender Registry website.