F. Title IX Sexual Harassment UNA’s Procedures for Responding to Reports and Complaints of Title IX Sexual Harassment (“hereinafter referred to as “Title IX Procedures”) (add hyperlink) applies to all reports of Title IX Sexual Harassment as defined in the Title IX Procedures, alleged to have occurred on or after August 14, 2020, and when meeting the jurisdictional requirements set forth in the Title IX Procedures. G. Violation of Supportive or Remedial Measures Where a violation of Supportive Measures would constitute Prohibited Conduct under this Policy the violation will be addressed pursuant to the Policy. If the violation of Supportive Measures would not constitute Prohibited Conduct under this Policy, then such violation of Supportive Measures will be referred to the Office of Student Affairs, Office of Human Resources, or other appropriate senior administrator. H. Retaliation Intimidation, threats, coercion, or discrimination against any person by UNA, a student, or an employee or other person authorized by UNA to provide aid, benefit, or service under UNA’s program or activity, for the purpose of interfering with any right or privilege under the Policy or because the person reported information, made a complaint, testified, assisted, participated or refused to participate in any manner in an investigation, proceeding, hearing, or informal resolution. Individuals are also protected from good faith opposition to what an individual reasonably believes to be discrimination, harassment, or related misconduct under this Policy and making good faith requests for accommodations on the basis of religion, pregnancy or pregnancy-related medical conditions, or disability. To constitute a Policy violation, the challenged actions or treatment must be sufficiently serious to discourage a reasonable person from further reporting, participation, or opposition. Charging an individual with a Policy violation for making a materially false statement in bad faith in the course of UNA’s complaint process or in response to a complaint does not constitute Retaliation. IV. Additional Defined Terms Informal Resolution: A voluntary, non-punitive, remedies-based process that does not include an investigation or hearing. Remedies may include appropriate and reasonable educational, restorative, and accountability- focused measures as agreed to by the parties and approved by UNA. Coercion: The use of an unreasonable amount of pressure to gain sexual access. Coercion is more than an effort to persuade, entice, or attract another person to have sex. When a person decides not to participate in a particular form of sexual activity, decides to stop, or decides not to go beyond a certain sexual interaction, continued pressure can be coercive. In evaluating whether coercion was used, UNA will consider: (i) the frequency of the application of the pressure, (ii) the intensity of the pressure, (iii) the degree of isolation of the person being pressured, and (iv) the duration of the pressure. Complaint: An oral or written request to UNA that objectively can be understood as a request for UNA to investigate and make a determination about alleged Prohibited Conduct. Complainant: An individual who is alleged to have experienced Prohibited Conduct who was participating or attempting to participate in UNA’s program or activity at the time of the alleged Prohibited Conduct. In some situations, the conduct may be reported by someone other than the Complainant. In either case, the “Complainant” is the individual who was/is being subjected to the Prohibited Conduct, not necessarily the reporter.
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