INSTITUTIONAL COMPLIANCE OFFICE
POLICY ON SEX DISCRIMINATIONAND/OR SEXUAL MISCONDUCT
I.POLICY
In accordance with Title IX of the Education Amendments of 1972, EVMS does not discriminate on the basis of sex and is committed to providing its educational programs and activities in an environment that is free from both sex discrimination and sexual misconduct. Sex Discrimination and/or Sexual Misconduct (as defined below) are strictly prohibited and it is the policy of EVMS that all reports of Sex Discrimination and/or Sexual Misconduct will be investigated and resolved in accordance with this policy. This policy applies to all members of the EVMS community, including employed and community faculty, residents, staff employees, students, vendors or visitors, and applies to all EVMS sponsored activities and programs, whether on or off the EVMS campus.
II.DEFINITIONS
A.Sex Discrimination. Occurs when an individual is treated differently because of his or her sex (including one’s gender identity and/or transgender status) and this treatment denies or limits an individual's ability to participate in or benefit from EVMS programs or it interferes with the individual’s employment or educational performance at EVMS. Examples include, but are not limited to, the following:
1.Rejecting otherwise qualified applicants because of their sex.
2.Subjecting individuals to different rules or sanctions because of their sex.
3.Counseling an individual away from a job or program because of perceived sex stereotypes.
4.Retaliation against an individual who has made a Title IX or other complaint.
5.Being subjected to egregious, or a pattern of, Sexual Misconduct (as defined below).
B.Sexual Misconduct. Means any one or more of the following:
1.Sexual Harassment: Any unwelcome sexual advance, request for sexual acts or favors, and other verbal or physical conduct of a sexual nature, whether between individuals of different sexes or the same sex, when:
i.Submission to such conduct is made explicitly or implicitly a term or condition of an individual's employment, academic advancement, evaluation, or grades; or
ii.Submission to or rejection of such conduct by an individual is used as a basis for employment, academic advancement, evaluation, or grading decisions affecting that individual; or
iii.The conduct has the purpose or effect of substantially interfering with a person’s academic or work performance by creating an intimidating, hostile, or offensive environment regardless of whether such conduct takes place on EVMS property, at an EVMS sponsored activity, class, or program, or at another location.
2.Sexual Violence: Any sexual acts (such as kissing and fondling; vaginal, oral, or anal intercourseand/or penetration with a body part or object) that are:
i.Perpetrated against a person's will by force, threat, intimidation, coercion, or ruse; or
ii.Perpetrated against a person who was incapable of giving consent due to use of drugs and/or alcohol or because of an intellectual or other disability.
Rape, statutory rape, sexual assault, sexual battery, and/or other acts deemed illegal by Virginia sexual assault statutes are included in this definition of Sexual Violence.
3.Domestic Violence: A felony or misdemeanor crime of violence committed by:
i.A current or former spouse or intimate partner of the victim;
ii.A person with whom the victim shares a child in common;
iii.A person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner;
iv.A person similarly situated to a spouse as set forth in the domestic or family violence laws of a jurisdiction receiving grant monies distributedunder the Violence Against Women Act (VAWA); or
v.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 Virginia.
4.Dating Violence: Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim, where the existence of such a relationship shall be determined based on a consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.
5.Stalking: Engaging in actions that are directed at a specific person that would cause a reasonable person to fear for his or her safety or the safety of others or suffer substantial emotional distress such as:
i.Non-consensual (unwanted) communication or contact (face-to-face, telephone, touching, electronic mail, instant messaging, texts, written letters, unwanted gifts, etc.);
ii.Harassment, either by the individual or through a third party;
iii.Use of threatening gestures;
iv.Physically pursuing or following an individual;
v.Using surveillance or other types of observation to track or monitor the victim; or
vi.Trespassing.
III.PROCEDURE
A.Reporting Sex Discrimination and/or Sexual Misconduct. Anyone in the EVMS community who feels that they have been subjected to, or who believes that someone else has been subjected to,Sex Discrimination and/or Sexual Misconductshould report the incident to:
1.EVMS Institutional Title IX Coordinator or the appropriate SeniorDeputy Coordinator. The Title IX Coordinator will advise the reporter of his or her right to resolve the matter through aninformal resolution option(if applicable) and/or to file a formal Title IX Complaint.
2.EVMS Office of Institutional Compliance, 446-6008 or the EVMS Compliance hotline known asAlertLine, 1-877-874-8416 (anonymous reporting available).
3.In cases of Sexual Violence, Domestic Violence, Dating Violence or Stalking, you may also report to any EVMS Police or Public Safety Officer or to the EVMS Police and Public Safety department at 446-5911. For more information about victims of sexual violence including how to preserve evidence, how to talk to a confidential resource, and reporting to law enforcement, please see the EVMS Title IX webpages.
B.EVMS’ Response to Reports of Sex Discrimination and/or Sexual Misconduct.
1.EVMS will treat all reports of Sex Discrimination and/or Sexual Misconduct coming through the Office of Institutional Compliance or the hotline as compliance complaints. Such complaints will be investigated by the EVMS Office of Institutional Compliance and will pull in the appropriate Title IX Coordinator as necessary. Individuals who identify themselves in these reports will be advised of their rights to file a formal Title IX Complaint.
2.Formal Title IX Complaints will be handled by the Institutional Title IX Coordinator in accordance with theEVMS Title IX Grievance/Formal Complaint Process as outlined on the EVMS Title IX webpages.
3.Anyone who, in good faith, raisesquestions, makes a report, or files a formal Title IX complaintabout actual or suspected Sex Discrimination and/or Sexual Misconduct matters and/or who acts as a witness in any investigation is protected from retaliation in accordance with the EVMS Compliance Reporting/Anti-Retaliation Policy.
C.Disciplinary Action
1.Whether or not a formal complaint is filed, a finding of Sex Discrimination and/or Sexual Misconduct in violation of this policy against any student, resident, faculty, staff, vendor, or other visitor and staff will result in one or more of the following: disciplinary actions:
i.Disciplinary action in accordance with the EVMS StudentHandbook, EVMS Faculty Handbook, GraduateMedical Education polices, and/or Human Resources policies, as applicable;
ii.Being barred from the EVMS campus; or
iii.Other actions that EVMS may deem appropriate.
These actions shall be separate and, in some cases may be in addition to, any criminal or civil remedies available.
2.In accordance with Section 23-9.2:15 of the Code of Virginia, any student who withdraws while under, or is suspended or dismissed as a result of, an investigation of sexual violence will have a prominent notation placed on their transcript.
Institutional Compliance Office, Title IXPage 1 of 4
Board Approved: December 15, 2015