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Policies

The following policies and procedures are derived from the ATIXA one policy/one process model.  The Assistant Vice President for Human Resources, Title IX Coordinator,  Director of Student Conduct, Director of Disability Services, and the University Ombudsman worked Fall 2014 semester to review UNA's policies and procedures.  The University attorney is reviewing the proposed plan below.  The document will soon be vetted through UNA's Shared Governance process.

The University of North Alabama affirms its commitment to promote the goals of fairness and equity in all aspects of the educational enterprise. All policies below are subject to resolution using the UNA’s Equity Resolution Process, as detailed below. The Equity Resolution Process is applicable regardless of the status of the parties involved, who may be members or non-members of the campus community, students, student organizations, faculty, administrators and/or staff. UNA reserves the right to act on incidents occurring on-campus or off-campus, when the off-campus conduct could have an on-campus impact or impact on the educational mission of UNA.

The Assistant Vice President for Student Affairs serves as the Title IX Coordinator. The Assistant Vice President for Human Resources oversees implementation of the UNA’s Equal Opportunity plan. Both the Title IX Coordinator and the Assistant Vice President for Human Resources oversee the UNA’s policy on equal opportunity, harassment and nondiscrimination. Reports of discrimination, harassment and/or retaliation should be made to the Title IX Coordinator, Assistant Vice President for Human Resources, or Deputy Coordinators promptly, but there is no time limitation on the filing of complaints, as long as the accused individual remains subject to UNA’s jurisdiction. All reports are acted upon promptly while every effort is made by the University to preserve the privacy of reports. Anonymous reports may also be filed online, using the reporting form posted at https://www.una.edu/titleIX. Reporting is addressed more specifically on p. 15, Section 7. Reports of discrimination by the Title IX or Assistant Vice President for Human Resources should be reported to the University President in 110 Bibb Graves Hall, 256-765-4211.

This policy applies to behaviors that take place on the campus, at university-sponsored events and may also apply off-campus and to actions online when the Title IX Coordinator or the Assistant Vice President for Human Resources determines that the off-campus conduct affects a substantial University interest. A substantial University interest is defined to include:

  • Any action that constitutes criminal offense as defined by federal or Alabama state law. This includes, but is not limited to, single or repeat violations of any local, state or federal law committed in the municipality where the University is located;
  • Any situation where it appears that the accused individual may present a danger or threat to the health or safety of self or others;
  • Any situation that significantly impinges upon the rights, property or achievements of self or others or significantly breaches the peace and/or causes social disorder; and/or
  • Any situation that is detrimental to the educational interests of the University.

Any online postings or other electronic communication by students, including cyber-bullying, cyber-stalking, cyber-harassment, etc. occurring completely outside of the UNA’s control (e.g. not on UNA’s networks, websites or between UNA email accounts) will only be subject to this policy when those online behaviors can be shown to cause a substantial on-campus disruption. Otherwise, such communications are considered speech protected by the 1st Amendment.

Off-campus discriminatory or harassing speech by employees may be regulated by the University only when such speech is made in an employee’s official or work-related capacity.

Inquiries about this policy and procedure may be made internally to:

Tammy W. Jacques
Assistant Vice President for Student Affairs & Title IX Coordinator
Guillot University Center 107
256.765.4223
tmwells@una.edu
Catherine D. White
Assistant Vice President for Human Resources
Bibb Graves 226
256.765.4291
cdwhite1@una.edu

Deputy Coordinators:

Dr. Kimberly Greenway
Student Conduct
256.765.5012
Catherine D. White
Human Resources
256.765.4291
Debbie Williams
Athletics
256.765.4788
Dr. Alex Takeuchi
Ombudsman
256.765.5224

Inquires may be made externally to:

Office for Civil Rights (OCR)
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202-1100
Hotline#: 800.421.3481
FAX#: 202.453.6012
TDD#: 877.521.2172
Email: OCR@ed.gov
http://www.ed.gov/ocr
Atlanta Office
Office for Civil Rights (OCR)
U.S. Department of Education
61 Forsyth St. S.W.
Suite 19T10
Atlanta, GA 30303-8927
Telephone#: 404.974.9406
FAX#: 404.974.9471
TDD#: 800.877.8339
Email: OCR.Atlanta@ed.gov
Equal Employment opportunity Commission (EEOC)
http://www.eeoc.gov/contact/
 

UNA adheres to all federal and state civil rights laws banning discrimination in public institutions of higher education. UNA will not discriminate against any employee, applicant for employment, student or applicant for admission on the basis of [race, religion, hearing status, personal appearance, color, sex, pregnancy, political affiliation, source of income, place of business, residence, religion, creed, ethnicity, national origin (including ancestry), citizenship status, physical or mental disability, age, marital status, family responsibilities, sexual orientation, gender, gender identity, veteran or military status (including special disabled veteran, Vietnam-era veteran, or recently separated veteran), predisposing genetic characteristics, domestic violence victim status] or any other protected category under applicable local, state or federal law, including protections for those opposing discrimination or participating in any grievance process on campus or within the Equal Employment Opportunity Commission or other human rights agencies.

This policy covers nondiscrimination in employment and in access to educational opportunities. Therefore, any member of the campus community, guest or visitor who acts to deny, deprive or limit the educational, employment, residential and/or social access, benefits and/or opportunities of any member of the campus community on the basis of their actual or perceived membership in the protected classes listed above is in violation of the UNA policy on nondiscrimination. When brought to the attention of the UNA, any such discrimination will be appropriately remedied by UNA according to the procedures below.

UNA is committed to full compliance with the Americans with Disabilities Act of 2008, Americans With Disabilities Act of 1990 (ADA) and Section 504 of the Rehabilitation Act of 1973, which prohibit discrimination against qualified persons with disabilities, as well as other federal and state laws pertaining to individuals with disabilities. Under the ADA and its amendments, a person has a disability if he or she has a physical or mental impairment that substantially limits a major life activity. The ADA also protects individuals who have a record of a substantially limiting impairment or who are regarded as disabled by the institution whether qualified or not. A substantial impairment is one that significantly limits or restricts a major life activity such as hearing, seeing, speaking, breathing, performing manual tasks, walking or caring for oneself.

Inquiries about ADA/504 would be forwarded to University legal counsel through the Director of Disability Services or the Assistant Vice President for Human Resources.

a. Students with Disabilities

UNA is committed to providing qualified students with disabilities with reasonable accommodations and support needed to ensure equal access to the academic programs and activities of UNA while at the same time maintaining the integrity of the University program requirements.

All accommodations are made on a case-by-case basis. A student requesting accommodations should contact the Disability Support Services’ office for academic accommodations. The student is responsible for self-identifying to this office and having a meeting with a provider, providing an impact statement and documentation. During the consultation with the DSS professional, accommodations appropriate to the student’s particular needs and academic programs are reviewed. Pertinent material is reviewed by the Disability Support Services Advisory Committee for approval of requested accommodations. Please review the website at http://www.una.edu/disability-support/ for more information.

b. Employees with Disabilities

Pursuant to the ADA, UNA will provide reasonable accommodation(s) to all qualified employees with known disabilities, where their disability affects the performance of their essential job functions, except where doing so would be unduly disruptive or would result in undue hardship.

An employee with a disability is responsible for requesting an accommodation in writing to the Office of Human Resources and provide appropriate documentation. The Assistant Vice President for Human Resources will work with the employee’s supervisor to identify which essential functions of the position are affected by the employee’s disability and what reasonable accommodations could enable the employee to perform those duties.

Students, staff, administrators, and faculty are entitled to a working environment and educational environment free of discriminatory harassment. This harassment policy is not meant to inhibit or prohibit educational content or discussions inside or outside of the classroom that include germane, but controversial or sensitive subject matters protected by academic freedom. The sections below describe the specific forms of legally prohibited harassment that are also prohibited under UNA policy.

Harassment constitutes a form of discrimination that is prohibited by law. College/University will remedy all forms of harassment when reported, whether or not the harassment rises to the level of creating a hostile environment. When harassment rises to the level of creating a hostile environment, College/University may also impose sanctions on the harasser. College’s/University’s harassment policy explicitly prohibits any form of harassment, defined as unwelcome conduct on the basis of actual or perceived membership in a protected class, by any member or group of the community.

A hostile environment may be created by verbal, written, graphic, or physical conduct that is sufficiently severe, persistent/pervasive and objectively offensive that it unreasonably interferes with, limits or denies the ability of an individual to participate in or benefit from educational programs or activities or employment access, benefits or opportunities.[1]

Offensive conduct and/or harassment that does not rise to the level of discrimination or that is of a generic nature not on the basis of a protected status may not result in the imposition of discipline under University policy, but will be addressed through civil confrontation, remedial actions, education and/or effective conflict resolution mechanisms. For assistance with conflict resolution techniques, employees should contact the Assistant Vice President for Human Resources and students should contact the Director of Student Conduct.

College/University condemns and will not tolerate discriminatory harassment against any employee, student, visitor or guest on the basis of any status protected by university policy or law.

[1] This definition of hostile environment is based on Federal Register / Vol. 59, No. 47 / Thursday, March 10, 1994: Department Of Education Office For Civil Rights, Racial Incidents And Harassment Against Students At Educational Institutions Investigative Guidance. The document is available at http://ed.gov/about/offices/list/ocr/docs/race394.html.

Both the Equal Employment Opportunity Commission and the State of Alabama regard sexual harassment as a form of sex/gender discrimination and, therefore, as an unlawful discriminatory practice. UNA has adopted the following definition of sexual harassment, in order to address the special environment of an academic community, which consists not only of employer and employees, but of students as well.

Sexual harassment is:

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

Anyone experiencing sexual harassment in any UNA program is encouraged to report it immediately to the University’s Title IX Coordinator.

Sexual harassment creates a hostile environment, and may be disciplined when it is:

  • sufficiently severe, persistent/pervasive and objectively offensive that it,
    1. has the effect of unreasonably interfering with, denying or limiting employment opportunities or the ability to participate in or benefit from the university’s educational, social and/or residential program, and is
    2. based on power differentials (quid pro quo), the creation of a hostile environment or retaliation.

State law defines various violent and/or non-consensual sexual acts as crimes. Additionally, UNA has defined categories of sexual misconduct, as stated below, for which action under this policy may be imposed. Generally speaking, UNA considers Non-Consensual Sexual Intercourse violations to be the most serious, and therefore typically imposes the most severe sanctions, including suspension or expulsion for students and termination for employees. However, UNA reserves the right to impose any level of sanction, ranging from a reprimand up to and including suspension or expulsion/termination, for any act of sexual misconduct or other gender-based offenses, including intimate partner or relationship (dating and/or domestic) violence, non-consensual sexual contact and stalking based on the facts and circumstances of the particular grievance. Acts of sexual misconduct may be committed by any person upon any other person, regardless of the sex, gender, sexual orientation and/or gender identity of those involved. Violations include: Sexual Harassment, Non-Consensual Sexual Intercourse, Non-Consensual Sexual Contact, Sexual Exploitation, and Consent.

Defined as:

  • any sexual penetration or intercourse (anal, oral or vaginal)
  • however slight
  • with any object
  • by a person upon another person
  • that is without consent and/or by force

Sexual penetration includes vaginal or anal penetration by a penis, tongue, finger or object, or oral copulation by mouth to genital contact or genital to mouth contact.

Defined as:

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

Sexual touching includes any bodily contact with the breasts, groin, genitals, mouth or other bodily orifice of another individual, or any other bodily contact in a sexual manner.

Sexual Exploitation refers to a situation in which a person takes non-consensual or abusive sexual advantage of another, and situations in which the conduct does not fall within the definitions of Sexual Harassment, Non-Consensual Sexual Intercourse or Non-Consensual Sexual Contact. Examples of sexual exploitation include, but are not limited to:

  • Sexual voyeurism (such as watching a person undressing, using the bathroom or engaged in sexual acts without the consent of the person observed)
  • Taking pictures or video or audio recording another in a sexual act, or in any other private activity without the consent of all involved in the activity, or exceeding the boundaries of consent (such as allowing another person to hide in a closet and observe sexual activity, or disseminating sexual pictures without the photographed person’s consent)
  • Prostitution
  • Sexual exploitation also includes engaging in sexual activity with another person while knowingly infected with human immunodeficiency virus (HIV) or other sexually transmitted disease (STD) and without informing the other person of the infection, and further includes administering alcohol or drugs (such as “date rape” drugs) to another person without his or her knowledge or consent

Consent is knowing, voluntary and clear permission by word or action, to engage in mutually agreed upon sexual activity. Since individuals may experience the same interaction in different ways, it is the responsibility of each party to make certain that the other has consented before engaging in the activity. For consent to be valid, there must be a clear expression in words or actions that the other individual consented to that specific sexual conduct.

A person cannot consent if he or she is unable to understand what is happening or is disoriented, helpless, asleep or unconscious for any reason, including due to alcohol or other drugs. An individual who engages in sexual activity when the individual knows, or should know, that the other person is physically or mentally incapacitated has violated this policy.

It is not an excuse that the individual responding party of sexual misconduct was intoxicated and, therefore, did not realize the incapacity of the other.

Incapacitation is defined as a state where someone cannot make rational, reasonable decisions because they lack the capacity to give knowing consent (e.g., to understand the “who, what, when, where, why or how” of their sexual interaction). This policy also covers a person whose incapacity results from mental disability, involuntary physical restraint and/or from the taking of incapacitating drugs.

Consent to some sexual contact (such as kissing or fondling) cannot be presumed to be consent for other sexual activity (such as intercourse). A current or previous dating relationship is not sufficient to constitute consent. The existence of consent is based on the totality of the circumstances, including the context in which the alleged incident occurred and any similar previous patterns that may be evidenced. Silence or the absence of resistance alone is not consent. A person can withdraw consent at any time during sexual activity by expressing in words or actions that he or she no longer wants the act to continue, and, if that happens, the other person must stop immediately.

In Alabama, a minor (meaning a person under the age of 16 years) cannot consent to sexual activity. This means that sexual contact by an adult with a person younger than 16 years old is a crime, as well as a violation of this policy, even if the minor wanted to engage in the act.

The University of North Alabama (the “University”) is committed to providing an environment for work and learning as free as possible from conflicts of interest, favoritism and exploitation. Even where the relationship is consensual, there is significant potential for harm when there is a power difference between the parties involved - - for example, between a supervisor and an employee or between a faculty or staff member and a student. Any evaluation or supervision provided may be suspect in view of such relationship.

A consensual relationship with a subordinate is likely to interfere with the ability of a superior to act and make decisions fairly and without bias. Even if the superior is able to avoid showing favoritism, the other individuals in the learning or workplace environment are likely to see themselves as being less favored and disadvantaged by the personal relationship. Additionally, the damage can continue long beyond the consensual relationship and can make people suspicious of any future professional interactions between the individuals.

The following policy is directed to faculty-student relationships, to staff-student relationships and to employee-employee relationships. While the University normally has no interest in private romantic or sexual relationships between individuals, the University has adopted a consensual relationship policy for the following reasons: to avoid the types of problems outlined above, to protect individuals from the type of injury that either a subordinate or superior individual to such relationship can incur, to protect the integrity of the learning and work environment and evaluation process, and to provide information and guidance to members of the University community. This Policy addresses consensual relations only. Non-consensual or coerced relationships are addressed in the University Policy on Sexual Harassment.

I. Definitions

For purposes of this policy, the following terms are defined as follows:

A. Consensual Relationship. Any dating, romantic, sexual, or marriage relationship willingly undertaken by the parties.

B. Direct Supervision. Includes but is not limited to the following activities: academic instruction, course teaching, formal mentoring, overseeing, directing, examining, grading, advising, supervising, evaluating, recommending, promoting, employing and other employment actions including directly setting of salary or wages, any disciplinary action, including suspension, expulsion and termination, and exercising responsibility for grades, honors or degrees.

II. Policy Regarding Faculty-Student and Staff-Student Consensual Relationships

Interactions between the faculty members or staff members and students at the University are guided by mutual trust, confidence and/or professional ethics. Professional faculty-student or staff-student relationships have a power differential between faculty members or staff members and students; personal faculty-student or staff-student relationships carry risks of conflict of interest, breach of trust, abuse of power, and/or breach of professional ethics

A. Prohibited Relationships.

Faculty members and staff members shall not engage in, and are prohibited from, consensual relationships with students whenever a faculty member or staff member has direct supervision with respect to the student. Should a consensual relationship exist prior to the beginning of the professional relationship, or develop, or appear likely to develop, while the faculty member or staff member is, or would be, in a position of direct supervision over the student, the faculty member or staff member shall immediately report such relationship with his or her immediate supervisor and initiate steps to avoid and/or terminate the position of direct supervision. Avoidance or termination includes but is not limited to the student not enrolling in a course; a qualified alternative faculty member or teaching assistant taking the position of direct supervision; transfer of the student to another course, section, seminar, etc. taught by a different faculty member or teaching assistant; assigning or transferring the student to, or the student selecting, another academic advisor; or the student dropping or withdrawing from a course.

B. Discouraged Relationships.

The following faculty-student and staff-student relationships are strongly discouraged at the University in light of the potential for apparent and actual conflicts of interest. Should such relationships arise, however, they are required to be disclosed and managed as indicated below:

1. Even when no position of direct supervision exists, a faculty member or staff member who engages in a romantic or sexual relationship with a student must promptly disclose the existence of the relationship to his or her immediate supervisor if there exists a reasonable possibility that a conflict of interest may arise. Relationships, in which a conflict of interest exists or is likely to arise, appear to third parties to create an unfair advantage for the student or to be exploitative of the student and may later develop into conflicts of interest that are prohibited in A above.

2. When the student is a graduate student in the same department or academic program as the faculty member, or is an undergraduate student and is majoring or minoring in the same department as the faculty member, a potential conflict of interest exists. A conflict of interest also may arise if the student is studying in a department separate from the faculty member. The faculty member must promptly disclose the relationship to his or her immediate supervisor when a potential conflict of interest exists or is reasonably likely to arise.

3. Once the relationship is disclosed, the immediate supervisor will evaluate the situation to determine whether an actual conflict of interest exists or is likely to arise and will develop a management plan to address the potential conflict of interest. The faculty member or staff member has the professional and ethical responsibility to remove himself or herself from any decisions that may reward or penalize the student involved and otherwise comply with the management plan.

III. Policy Regarding Employee/Employee Consensual Relationships

An employee should be aware that entering into a consensual relationship with another employee that exercises direct supervision over the employee creates the potential for risk to both parties. In particular, such a relationship will limit that supervisor/employee’s ability to direct work or promote that employee’s career and creates conflicts of interest and perceptions of undue advantage.

A. Prohibited Relationships.

A University employee shall not engage in, and is prohibited from, consensual relationships with another employee whenever one employee has direct supervision with respect to the other employee. Should a consensual relationship exist prior to the beginning of the period of direct supervision, or develop, or appear likely to develop, while an employee is, or would be, in a position of direct supervision over another employee, the employee exercising direct supervision shall immediately report such relationship to his or her immediate supervisor and steps to avoid and/or terminate the position of direct supervision shall be taken. Avoidance or termination includes but is not limited to the subordinate employee not accepting such position; another appropriate employee assuming the position of direct supervision; or transfer of the subordinate employee to another position not directly supervised by the other employee.

B. Discouraged Relationships.

The following relationships between employees are strongly discouraged at the University in light of the potential for apparent and actual conflicts of interest. Should such relationships arise, however, they are required to be disclosed and managed as indicated below:

1. Even when no position of direct supervision exists, an employee who engages in a romantic or sexual relationship with another employee must promptly disclose the existence of the relationship to his or her immediate supervisor if there exists a reasonable possibility that a conflict of interest may arise. Relationships, in which a conflict of interest exists or is likely to arise, may later develop into conflicts of interest that are prohibited in A above.

2. Once the relationship is disclosed, the immediate supervisor will evaluate the situation to determine whether an actual conflict of interest exists or is likely to arise and will develop a management plan to address the potential conflict of interest. An employee has the professional and ethical responsibility to remove himself or herself from any decisions that may reward or penalize the other employee involved and otherwise comply with the management plan.

IV. Sanctions/Intent

University responses to violations of this Policy will vary as appropriate to the facts and circumstances of each case and persons in violation of this Policy shall be subject to sanctions ranging from verbal warnings to dismissal or termination. The University reserves the right to take disciplinary action against members of the University community who make false allegations of unreported consensual relationships. This Policy is not intended to intrude on the privacy of members of the University community but is intended primarily to be instructive and corrective.

  • Threatening or causing physical harm, extreme verbal abuse or other conduct which threatens or endangers the health or safety of any person on the basis of their actual or perceived membership in a protected class
  • Discrimination, defined as actions that deprive other members of the community of educational or employment access, benefits or opportunities on the basis of their actual or perceived membership in a protected class
  • Intimidation, defined as implied threats or acts that cause an unreasonable fear of harm in another on the basis of actual or perceived membership in a protected class
  • Hazing, defined as acts likely to cause physical or psychological harm or social ostracism to any person within the UNA community, when related to the admission, initiation, pledging, joining, or any other group-affiliation activity (as defined further in the hazing policy) on the basis of actual or perceived membership in a protected class; hazing is also illegal under Alabama law and prohibited by UNA policy
  • Bullying, defined as repeated and/or severe aggressive behavior likely to intimidate or intentionally hurt, control or diminish another person, physically or mentally on the basis of actual or perceived membership in a protected class
  • Violence between those in an intimate relationship to each other on the basis of actual or perceived membership in a protected class (this includes romantic relationships, dating, domestic and/or relationship violence)
  • Stalking, defined as a course of conduct directed at a specific person on the basis of actual or perceived membership in a protected class that is unwelcome and would cause a reasonable person to feel fear
  • Any other UNA rules, when a violation is motivated by the actual or perceived membership of the victim on the basis of sex or gender or in a protected class, may be pursued using this policy and process.

Sanctions for the above-listed “Other Civil Rights Behaviors” behaviors range from reprimand up through and including expulsion (students) or termination of employment.

Retaliation is defined as any intentional, adverse action taken by a responding individual or allied third party, absent legitimate nondiscriminatory purposes, against a participant or supporter of a participant in a civil rights resolution proceeding or other protected activity. Retaliation against an individual for alleging harassment, supporting a party bringing a complaint or for assisting in providing information relevant to a claim of harassment is a serious violation of UNA policy and will be treated as another possible instance of harassment or discrimination. Acts of alleged retaliation should be reported immediately to the Title IX Coordinator or the Assistant Vice President for Human Resources or to a Deputy Coordinator and will be promptly investigated. UNA is prepared to take appropriate steps to protect individuals who fear that they may be subjected to retaliation.

UNA will implement initial remedial and responsive and/or protective actions upon notice of alleged harassment, retaliation and/or discrimination. Such actions could include but are not limited to: no contact orders, providing counseling and/or medial services, academic support, living arrangement adjustments, providing a campus escort, academic or work schedule and assignment accommodations, safety planning, referral to campus and community support resources.

UNA will take additional prompt remedial and/or disciplinary action with respect to any member of the community, guest or visitor who has been found to engage in harassing or discriminatory behavior or retaliation. Procedures for handling reported incidents are fully described below. Deliberately false and/or malicious accusations of harassment, as opposed to grievances which, even if erroneous, are made in good faith, are just as serious an offense as harassment and will be subject to appropriate disciplinary action.

UNA employees are expected to report actual or suspected discrimination or harassment to appropriate officials, though there are some limited exceptions. In order to make informed choices, one should be aware of confidentiality and mandatory reporting requirements when consulting campus resources. On campus, some resources may maintain confidentiality – meaning they are not required to report actual or suspected discrimination or harassment to appropriate university officials - thereby offering options and advice without any obligation to inform an outside agency or individual unless you have requested information to be shared. Other resources exist for you to report crimes and policy violations and these resources will take action when you report victimization to them. The following describes the three reporting options at UNA:

Confidential Reporting

If a reporting party would like the details of an incident to be kept confidential, the reporting party may speak with:

Student Counseling Services
256-765-5215
University Health Services
256-765-4328
Women’s Center
256-765-4380
Rape Response
256-767-1100 (hotline)/256-765-0025 (office)
Safe Place (domestic violence)
256-767-6210 (hotline)/256-767-3076 (office)
Local or state assistance agencies
 
On or off-campus members of the clergy/chaplains
 

who will maintain confidentiality except in extreme cases of immediacy of threat or danger or abuse of a minor. For UNA students, Licensed counselors from Student Counseling Services are available to assist UNA students who have paid the Student Health & Wellness Fee and can be seen by appointment or on a walk-in basis for crisis intervention during usual University operating hours. The professional staff of Student Counseling Services are considered confidential reporters under Title IX and University Policy, and will only submit anonymous statistical information for Clery Act purposes. If the Counselor believes circumstances represent the potential for greater harm for the student-client or the UNA community at large, the limits of confidentiality and personal safety planning will be discussed in greater detail with the student-client. For UNA employees, Alabama Psychiatric Services (APS) is available at 256-765-2230, 1410 Glory Way, Florence, AL 35633.

Formal Reporting Options

UNA employees have a Duty to Report, unless they fall under the “Confidential Reporting” section above. Parties bringing a complaint may want to consider carefully whether they share personally identifiable details with non-confidential employees, as those details must be shared by the employee with the Title IX Coordinator and/or Deputy Coordinators. Otherwise, employees must share all details of the reports they receive. If a complainant does not wish for their name to be shared, does not wish for an investigation to take place, or does not want a formal resolution to be pursued, the complainant may make such a request to the Title IX Coordinator or Deputy Coordinators, who will evaluate that request in light of the duty to ensure the safety of the campus and comply with federal law.

In cases indicating pattern, predation, threat, weapons and/or violence, the University will likely be unable to honor a request for confidentiality. In cases where the victim requests confidentiality and the circumstances allow the University to honor that request, the University will offer interim supports and remedies to the victim and the community, but will not otherwise pursue formal action. A party bringing a complaint has the right, and can expect, to have complaints taken seriously by UNA when formally reported, and to have those incidents investigated and properly resolved through these procedures.

Formal reporting still affords privacy to the reporter, and only a small group of officials who need to know will be told, including but not limited to: Division of Student Affairs, Office of Human Resources, UNA Police, and the UNA Care Team. Information will be shared as necessary with investigators, witnesses and the responding party. The circle of people with this knowledge will be kept as tight as possible to preserve a party bringing a complaint’s rights and privacy. Additionally, anonymous reports can be made by victims and/or third parties using the online reporting form posted at http://www.una.edu/titleIX. Note that these anonymous reports may prompt a need for the institution to investigate.

Victims of sexual misconduct should be aware that UNA administrators must issue timely warnings for incidents reported to them that pose a substantial threat of bodily harm or danger to members of the campus community. UNA will make every effort to ensure that a victim’s name and other identifying information is not disclosed, while still providing enough information for community members to make safety decisions in light of the potential danger.