Sexual Misconduct Policy for Montana Campuses

1.0 Policy

The Touro University System (“Touro”) pledges its efforts to ensure an environment in which the dignity and worth of all members of the community are respected. It is the policy of Touro that sexual intimidation of students and employees is unacceptable behavior and will not be tolerated. Touro will not tolerate unwelcome sexual advances, requests for sexual favors, and any other verbal or physical conduct of a sexual nature constituting sexual harassment or sexual assault (i.e. rape, fondling, incest or statutory rape).

All supervisors and managers who receive a complaint or information about suspected sexual misconduct, observe behavior that could be considered to be sexual misconduct or for any reason suspect that sexual misconduct is occurring, are required to report such suspected sexual harassment to the Office of Institutional Compliance. In addition to being subject to discipline if they engage in sexual misconduct conduct themselves, supervisors and managers will be subject to discipline for failing to report suspected sexual misconduct. Touro will also not tolerate any supervisory and/or managerial personnel who knowingly allow such behavior to continue.

In general, it is a sex crime to engage in any sexual contact with a person who does not affirmatively consent, or to engage in sexual intercourse, deviant sexual intercourse, or sexual abuse if it is accomplished by forcible compulsion. Montana Code also defines these acts as crimes if any of them are engaged in with a person who is incapable of consent either because of the person's age or because the person is mentally disordered, mentally incapacitated, physically helpless or overcome by deception, coercion or surprise. Therefore, sexual abuse, sodomy, and rape are sex crimes and violators will be prosecuted in accordance with Montana Code.

Touro subscribes to all federal, state and institutional laws and regulations to ensure the goal that it maintains a safe environment for all community members. This policy is meant to work in harmony with other applicable Touro policies and procedures that address sexual and discriminatory misconduct when relevant. In the event that conduct falls within the scope of the Title IX Grievance Policy, under the Education Amendments of 1972, then Touro’s Title IX Grievance policy will serve as the operating process for addressing the violation.

2.0 Purpose

All divisions of Touro seek to foster a collegial atmosphere where students are nurtured and educated through close faculty-student relationships, student camaraderie, and individualized attention. Discrimination or harassment of any kind, including sexual assault (i.e. rape, fondling, incest or statutory rape), domestic violence, dating violence, and stalking, is anathema to Touro’s mission, history, and identity. Touro will resolve any identified discrimination, harassment or sexual assault in a timely and effective manner. Compliance with Touro’s policies and procedures is a necessary step in achieving a safe environment in our educational community. The policies set forth were developed to promote a safe educational environment in compliance with Title IX and Title VII of the Civil Rights Act of 1964, the Violence Against Women Act (VAWA), Montana Code, and a high-quality campus life. Those believing that they have been harassed or discriminated against on the basis of their sex, including sexual harassment, should immediately contact the Office of Institutional Compliance. When Touro has notice of the occurrence, Touro is compelled to take immediate and effective corrective action reasonably calculated to stop the harassment, prevent its recurrence, and as appropriate, remedy its effects.

3.0 Scope

This policy applies to all members of Touro located in Montana including students, faculty, and administrators as well as third-parties (including, but not limited to, vendors, invitees, etc.). This policy applies to events that occur on-campus, off-campus, and on study abroad. Information and/or training regarding this policy are available to students, faculty, and staff. In addition, information about this policy will be available on Touro’s website.

4.0 Definitions

• Accused
  • Accused means a person accused of a violation who has not yet entered an institution’s judicial or conduct process.
• Advisor
  • Any individual who provides the accuser or accused support, guidance, or advice.
• Awareness Programs
  • Awareness program means community-wide or audience- specific programming, initiatives, and strategies that increase audience knowledge and share information and resources to prevent violence, promote safety, and reduce perpetration.
• Code of Conduct
  • Code of conduct means the written policies adopted by an institution governing student behavior, rights, and responsibilities while such student is matriculated in the institution.
• Confidentiality
  • Confidentiality may be offered by an individual who is not required by law to report known incidents of sexual assault or other crimes to institution officials, in a manner consistent with state and federal law, including but not limited to 20 U.S.C. 1092(f) and 20 U.S.C. 1681(a). Licensed mental health counselors, medical providers and pastoral counselors are examples of institution employees who may offer confidentiality.
• Institution
  • Institution means any college or university chartered by the regents or incorporated by special act of the legislature that maintains a campus in Montana.
• Ongoing Prevention and Awareness Campaigns
  • Ongoing prevention and awareness campaigns means programming, initiatives, and strategies that are sustained over time and focus on increasing understanding of topics relevant to and skills for addressing dating violence, domestic violence, sexual assault, and stalking, using a range of strategies with audience throughout the institution and including information on definitions of different crimes, options for bystander intervention, and risk reduction.
• Primary Prevention Programs
  • Primary prevention programs means programming, initiatives, and strategies informed by research or assessed for value, effectiveness, or outcome that are intended to stop dating violence, domestic violence, sexual assault, and stalking before they occur through the promotion of positive and healthy behaviors that foster healthy, mutually respectfulrelationships and sexuality, encourage safe bystander intervention, and seek to change behavior and social norms in healthy and safe directions.
• Privacy
  • Privacy may be offered by an individual when such individual is unable to offer confidentiality under the law but shall still not disclose information learned from a reporting individual or bystander to a crime or incident more than necessary to comply with this and other applicable laws, including informing appropriate institution officials. Institutions may substitute another relevant term having the same meaning, as appropriate to the policies of the institution.
• Reporting Individual
  • Reporting individual encompasses the terms victim, survivor, complainant, claimant, witness with victim status, and any other term used by an institution to reference an individual who brings forth a report of a violation.
• Respondent
  • Respondent means a person accused of a violation who has entered an institution’s judicial or conduct process.
• Risk Reduction
  • Risk reduction means options designed to decrease perpetration and bystander inaction and to increase empowerment for victims in order to promote safety and to help individuals and communities address conditions that facilitate violence.
• Bystander
  • Bystander means a person who observes a crime, impending crime, conflict, potentially violent or violent behavior, or conduct that is in violation of rules of an institution.
• Campus
  • Any building or property owned or controlled by an institution within the same reasonably contiguous geographic area and used by the institution in direct support of, or in a manner related to, the institution's educational purposes, including residence halls; and
  • Any building or property that is within or reasonably contiguous to the area identified in paragraph (i) of this definition, that is owned by the institution but controlled by another person, is frequently used by students, and supports institutional purposes (such as a food or other retail vendor).
• Campus Security
  • A campus police department or a campus security department of an institution.
  • Any individual or individuals who have responsibility for campus security but who do not constitute a campus police department or a campus security department under paragraph (i) of this definition, such as an individual who is responsible for monitoring entrance into institutional property.
  • Any individual or organization specified in an institution's statement of campus security policy as an individual or organization to which students and employees should report criminal offenses.
  • An official of an institution who has significant responsibility for student and campus activities, including, but not limited to, student housing, student discipline, and campus judicial proceedings. If such an official is a pastoral or professional counselor as defined below, the official is not considered a campus security authority when acting as a pastoral or professional counselor.
• Consent (with regards to sexual activity)
  • Affirmative consent is a knowing, voluntary, and mutual decision among all participants to engage in sexual activity. Consent can be given by words or actions, as long as those words or actions create clear permission regarding willingness to engage in the sexual activity. Silence or lack of resistance, in and of itself, does not demonstrate consent. The definition of consent does not vary based upon a participant’s sex, sexual orientation, gender identity, or gender expression.
    • Consent to any sexual act or prior consensual sexual activity between or with any party does not necessarily constitute consent to any other sexual act.
    • Consent is required regardless of whether the person initiating the act is under the influence of drugs and/or alcohol.
    • Consent may be initially given but withdrawn at any time.
    • Consent cannot be given when a person is incapacitated, which occurs when an individual lacks the ability to knowingly choose to participate in sexual activity. Incapacitation may be caused by the lack of consciousness or being asleep, being involuntarily restrained, or if an individual otherwise cannot consent. Depending on the degree of intoxication, someone who is under the influence of alcohol, drugs, or other intoxicants may be incapacitated and therefore unable to consent.
    • Consent cannot be given when it is the result of any coercion, intimidation, force, or threat of harm.
    • When consent is withdrawn or can no longer be given, sexual activity must stop.
• 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; and
  • The existence of a social relationship is based on the “reporting party’s statement” with consideration of
    • the length of the relationship,
    • the type of relationship, and
    • the frequency of the interaction between the persons involved.
  • Dating violence includes, but is not limited to, sexual or physical abuse or the threat of abuse, and does not include acts covered by the definition of domestic violence.
• Discrimination and Harassment
  • Touro’s policies prohibit discrimination based on sex, including sexual harassment. The prohibition against discrimination extends to employment and third-parties. Sexual harassment is unwelcome conduct of a sexual nature and can include sexual advances, request for sexual favors, and other verbal, non-verbal, or physical conduct. Environmental harassment (sometimes referred to as hostile environment) is sexually harassing conduct that is sufficiently severe, persistent or pervasive to limit an individual’s ability to participate in or receive benefits, services, or opportunities at Touro. This can include persistent comments or jokes about an individual’s, sex; verbal behavior, including insults, remarks, epithets, or derogatory statements; nonverbal behavior, including graffiti, inappropriate physical advances short of physical violence such as repeated and unwanted touching; and assault, including physical violence or the threat of physical violence.
  • Title VII, and its implementing regulations, prohibit Discrimination “because of sex” or “on the basis of sex.” The terms “because of sex” or “on the basis of sex” include, but are not limited to, because of or on the basis of pregnancy, childbirth, or related medical conditions; and women affected by pregnancy, childbirth, or related medical conditions shall be treated the same for all employment-related purposes, including receipt of benefits under fringe benefit programs.
• Domestic Violence
  • Domestic violence is a felony or misdemeanor crime of violence committed by any of the following individuals:
    • A current or former spouse or intimate partner of the victim; or
    • A person with whom the victim shares a child in common; or
    • A person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner; or
    • 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; or
    • Any other person against an adult or youth victim who is protected under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred.
• Pastoral counselor
  • A person who is associated with a religious order or denomination, is recognized by that religious order or denomination as someone who provides confidential counseling, and is functioning within the scope of that recognition as a pastoral counselor.
• Professional counselor
  • A person whose official responsibilities include providing mental health counseling to members of the institution's community and who is functioning within the scope of the counselor's license or certification.
• Proceeding
  • All activities related to a non-criminal resolution of an institutional disciplinary complaint, including, but not limited to, fact-finding investigations, formal or informal meetings, and hearings.
  • Does not include communications and meetings between officials and victims concerning accommodations or protective measures to be provided to a victim.
• Result
  • Any initial, interim, and final decision by any official or entity authorized to resolve disciplinary matters within the institution.
  • The result must include any sanctions imposed by the institution and the rationale for the result and the sanctions.
• Sexual Activity
  • Sexual activity has the same meaning as “sexual act” and “sexual contact” as provided in 18 U.S.C. 2246(2) and 18 U.S.C. 2246(3).
• Sexual Misconduct
  • Unwelcome sexual advances, requests for sexual favors, and, other visual, verbal or physical conduct of a sexual nature, when:
  • An individual’s submission to or rejection of the conduct is made, either explicitly or implicitly, a term or condition of employment or of status in a course, program, or activity, or is used as a basis for employment or academic decision; or
  • The conduct has the purpose or effect of unreasonably interfering with an individual’s work performance, academic performance, or educational experience, or of creating an intimidating, hostile, humiliating, or offensive working, educational, or living environment.
• Sexual Offense
  • Unwelcome sexual advances, requests for sexual favors, and any other verbal or physical conduct of a sexual nature constituting sexual harassment.
• Sexual Assault
  • Any nonconsensual sexual act proscribed by Federal, tribal, or State law, including when the victim lacks capacity to consent, and including rape, fondling, incest or statutory rape as acted in the FBI’s Uniform Crime Reporting program.
• Rape
  • Is the perpetuation of an act of sexual intercourse with a person against his or her will and consent, or when such person is incapable of giving consent because of his or her youth or his or her temporary or permanent mental or physical incapacity.
  • Is the penetration of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person without the consent of a person, or when such person is incapable of giving consent.
  • Acquaintance rape is rape that involves people who know or are familiar with each other.
• Stalking
  • 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.
  • A course of conduct is two or more acts, including, but limited to:
    • Acts in which the ‘stalker’ directly, indirectly, or through third parties by any action, method, device, or means,
    • Follows, monitors, observes, surveils, threatens, or communicates to or about, a person, or interferes with a person’s property.
  • Substantial emotional distress is a significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.
  • A reasonable person is one under similar circumstances and with similar identities to the victim.
• Jurisdictional Definitions of Domestic Violence, Dating Violence, Sexual Assault and Stalking
  • Domestic Violence: An act of violence committed by a current or fomer spouse of the victim, by a person with whom the victim share a child in common, by a person who is cohabitating with or has cohabitated with the the victim as a spouse, by a person similarly situated to a spouse of the victim under the domestic and family violence laws of Montana [Title 40, Ch. 15, MCA] or by any other person against an adult or youth victim who is protected under the domestic or family violence laws of Montana. Persons protected include mothers, fathers, brothers, sisters, and other past and present family members of a household.
    Assault:
    (1) A person commits the offense of assault if the person:
    (a) purposely or knowingly causes bodily injury to another;
    (b) negligently causes bodily injury to another with a weapon;
    (c) purposely or knowingly makes physical contact of an insulting or provoking nature with any individual; or
    (d) purposely or knowingly causes reasonable apprehension of bodily injury in another.
    
    (2) A person convicted of assault shall be fined not to exceed $500 or be imprisoned in the county jail for any term not to exceed 6 months, or both.
    
    Intimidation:
    (1) A person commits the offense of intimidation when, with the purpose to cause another to perform or to omit the performance of any act, the person communicates to another, under circumstances that reasonably tend to produce a fear that it will be carried out, a threat to perform without lawful authority any of the following acts:
    
    (a) inflict physical harm on the person threatened or any other person;
    
    (b) subject any person to physical confinement or restraint; or
    
    (c) commit any felony.
    
    (2) A person commits the offense of intimidation if the person knowingly communicates a threat or false report of a pending fire, explosion, or disaster that would endanger life or property.
    
    (3) A person convicted of the offense of intimidation shall be imprisoned in the state prison for any term not to exceed 10 years or be fined an amount not to exceed $50,000, or both.
    
    Strangulation of Partner of Family Member:
    (1) A person commits the offense of strangulation of a partner or family member if the person purposely or knowingly impedes the normal breathing or circulation of the blood of a partner or family member by:
    
    (a) applying pressure on the throat or neck of the partner or family member; or
    
    (b) blocking air flow to the nose and mouth of the partner or family member.
    
    (2) (a) A person convicted of a first offense of strangulation of a partner or family member shall be fined an amount not to exceed $50,000 or be imprisoned in the state prison for a term not to exceed 5 years, or both.
    
    Facilitating  a  Sex  Offense  with  a  Controlled  Substance  (Penal  Law 130.90):
    • • A person is guilty of facilitating a sex offense with a controlled substance when he or she:
        • knowingly and unlawfully possesses a controlled substance or any preparation, compound, mixture or substance that requires a prescription to obtain and administers such substance or preparation, compound, mixture or substance that requires a prescription to obtain to another person without such person’s consent and with intent to commit against such person conduct constituting a felony defined in this article; and
        • commits or attempts to commit such conduct constituting a felony defined in this article.
    • Facilitating a sex offense with a controlled substance is a class D felony
      
      Partner or family member assault:
      (1) A person commits the offense of partner or family member assault if the person:
      (a) purposely or knowingly causes bodily injury to a partner or family member;
      (b) negligently causes bodily injury to a partner or family member with a weapon; or
      (c)  purposely or knowingly causes reasonable apprehension of bodily injury in a partner or family member.
      
      (2) For the purposes of Title 40, chapter 15, 46-6-311, and this section, the following definitions apply:
      (a) "Family member" means mothers, fathers, children, brothers, sisters, and other past or present family members of a household. These relationships include relationships created by adoption and remarriage, including stepchildren, stepparents, in-laws, and adoptive children and parents. These relationships continue regardless of the ages of the parties and whether the parties reside in the same household.
      (b) "Partners" means spouses, former spouses, persons who have a child in common, and persons who have been or are currently in a dating or ongoing intimate relationship with a person of the opposite sex.
  • Sexual Assault: The State of Montanadefines sexual assault as follows: A person who knowingly subjects another person to any sexual contact without consent commits the offense of sexual assault.
  • The following definitions are applicable to this article:

1. Sexual intercourse” has its ordinary meaning and occurs upon any penetration, however slight.
2.  
   1. “Oral sexual conduct” means conduct between persons consisting of contact between the mouth and the penis, the mouth and the anus, or the mouth and the vulva or vagina.
   2. “Anal sexual conduct” means conduct between persons consisting of contact between the penis and anus.
3. “Sexual contact” means any touching of the sexual or other intimate parts of a person 1 for the purpose of gratifying sexual desire of either party. It includes the touching of the actor by the victim, as well as the touching of the victim by the actor, whether directly or through clothing, as well as the emission of ejaculate by the actor upon any part of the victim, clothed or unclothed.
4. For the purposes of this article 2 “married” means 3 the existence of the relationship 4 between the actor and the 5 victim as spouses which is recognized by law at the time the actor commits an offense proscribed by this article 6 against the 7 victim.
5. “Mentally 1 disabled” means that a person suffers from a mental disease or defect which renders him or her incapable of appraising the nature of his or her conduct.
6. “Mentally incapacitated” means that a person is rendered temporarily incapable of appraising or controlling his conduct owing to the influence of a narcotic or intoxicating substance administered to him without his consent, or to any other act committed upon him without his consent.
7. “Physically helpless” means that a person is unconscious or for any other reason is physically unable to communicate unwillingness to an act.
8. “Forcible compulsion” means to compel by either:
   1. use of physical force; or
   2. a threat, express or implied, which places a person in fear of immediate death or physical injury to himself, herself or another person, or in fear that he, she or another person will immediately be kidnapped.
9. “Foreign object” means any instrument or article which, when inserted in the vagina, urethra, penis, rectum or anus, is capable of causing physical injury.
10. “Sexual conduct” means sexual intercourse, 1 oral sexual conduct, anal sexual conduct, aggravated sexual contact, or sexual contact.
11. “Aggravated sexual contact” means inserting, other than for a valid medical purpose, a foreign object in the vagina, urethra, penis 1 , rectum or anus of a child, thereby causing physical injury to such child.
12. “Health care provider” means any person who is, or is required to be, licensed or registered or holds himself or herself out to be licensed or registered, or provides services as if he or she were licensed or registered in the profession of medicine, chiropractic, dentistry or podiatry under any of the following: article one hundred thirty-one, one hundred thirty-two, one hundred thirty-three, or one hundred forty-one of the education law.
13. “Mental health care provider” 1 shall mean a licensed physician, licensed psychologist, registered professional nurse, licensed clinical social worker or a licensed master social worker under the supervision of a physician, psychologist or licensed clinical social worker.

• • Stalking: The State of Montana defines stalking as follows: A person commits the offense of stalking if the person purposely or knowingly causes another person substantial emotional distress or reasonable apprehension of bodily injury or death by repeatedly:
    (a) following the stalked person; or
    (b) harassing, threatening, or intimidating the stalked person, in person or by mail, electronic communication, as defined in 45-8-213, or any other action, device, or method.
• Preponderance of the Evidence
  • Just enough evidence to make it more likely than not that the fact the clai mant seeks to prove is true.
• Retaliation
  • Retaliation is any kind of reprisal, adverse action, or negative action taken against an individual because he or she has:
    • complained about alleged discrimination or harassment as defined above,
    • opposed alleged discrimination or harassment as defined above,
    • participated as a party or witness in an investigation relating to such allegations, or
    • participated as a party or witness in a proceeding regarding such allegations. Retaliation can occur contemporaneously during the complaint process or subsequent to it, once the retaliator is aware of the recipient’s participation in the process.
  • Retaliation does not exist in the absence of an adverse action. An individual is protected from retaliation even when the complaint at issue is ultimately found to lack merit, as long as the complaint was made in good faith.
  • Touro does not allow, nor tolerate any conduct by any Touro community member that may be regarded as retaliatory. Retaliation against any individual, whether said person submitted a complaint through the method described below, or for any other reason will not be tolerated.
    
    Touro University: Compliance Officer 2801 18th Avenue
    South Great Falls, Montana 59405 Phone: 646-565-6000 x55667
    Email: compliance@touro.edu
• Unlawful employment practices under Title VII: It shall be an unlawful employment practice for an employer--
  • to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his or her compensation, terms, conditions, or privileges of employment, because of such individual's sex; or
  • to limit, segregate, or classify his employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his or her status as an employee, because of such individual's sex.
  • to print or publish or cause to be printed or published any notice or advertisement relating to employment by such an employer, indicating any preference, limitation, specification, or discrimination, based on sex, except that such a notice or advertisement may indicate a preference, limitation, specification, or discrimination based on sex when sex is a bona fide occupational qualification for employment.
  • to willfully not post and keep posted in conspicuous places upon its premises where notices to employees, applicants for employment, and members are customarily posted a notice to be prepared or approved by the EEOC setting forth excerpts from or, summaries of, the pertinent provisions of Title VII and information pertinent to the filing of a complaint.

5.0 Procedures

Duty to Report Violations

Any member of the Touro community including students, faculty, employees, and third-parties have a duty to report violations of this policy where individuals know, or should know, of accusations or actions which violate Touro Policy and will notify a Touro Compliance Officer of such violations promptly.

If you believe that you have been subjected to sexual harassment you may complete the attached complaint form found at the end of this policy, which is also available on TouroOne. Your complaint will then be investigated pursuant to the procedures outlined in this policy.

Formal  Investigation  and  Resolution  of  Discrimination,  Harassment,  Sexual Assault or Retaliation Complaints

Duty to Cooperate and Facilitate

All members of Touro are required to cooperate fully with any investigations of harassment. A faculty member, staff member, or student who has relevant information and refuses to cooperate with an ongoing investigation will be subject to disciplinary action for, among other things, violations of the Touro Code of Conduct and/or insubordination. Likewise, all Touro employees are required to ensure that complaints about harassment are directed to the appropriate administrative office for evaluation and investigation.

Right to Prompt, Fair, and Impartial Proceeding and Complaint Process

Touro is committed to conducting an inquiry that is thorough, prompt and impartial. Accused and accuser will have the opportunity to object to Touro participants as bias.

Victims have the option to notify proper law enforcement authorities, including on- campus security and local police, or to decline to notify such authorities. Complaints concerning sexual harassment and/or sexual discrimination should be sent to the Office of Institutional Compliance at 2801 18th Avenue, S. Great Falls, Montana 59405 at compliance@touro.edu and 646-565-6000 x55330. Complaints should be filed as soon as possible after the date of the alleged misconduct, and a written complaint is preferable.

A written or verbal complaint, which should be submitted within the later of the following two dates: (a) thirty (30) days after the alleged misconduct; or, (b) the end of the semester in which the alleged incident occurred. A complaint should include the following information:

• Complainant’s full name, home address, email, telephone number, and Touro Student/Employee ID number.

• Name of the person against whom the complaint was made, including job title or student status, if known.

• The protected status that is the basis for the alleged discrimination, harassment, or retaliation based on the complainant’s gender.

• A clear statement of the facts that constitute the alleged discrimination, harassment, or retaliation, including dates on which the acts were committed and any information to identify witnesses.

• The complainant should include the term and year of his/her most recent active employment, academic, or student status within the university.

• A student who is seeking admission to Touro should include the term and year in which he/she sought admission to the university.

• The full name, address, and telephone number of the complainant’s advisor or supervisor, if any.

• The specific harm that resulted from the alleged act and the remedy sought.

• The complainant’s signature and the date on which the complaint was submitted.

The accused will receive notice of the complaint, although the accused will be considered innocent until proven guilty of a violation. While prompt reporting is expected, complaints older than 30 days will be processed. However, if more than

365 days have elapsed since the day of the complaint, the complaint may not be processed.

Every effort is made to conduct a thorough and speedy investigation. Several factors may impact Touro’s ability to conduct a prompt investigation, including, but not limited to: the Complainant’s accessibility or unresponsiveness, witness availability or unresponsiveness, the number of witnesses, the timing of the investigation (i.e. if an investigation is being conducted at a time when students are taking final exams or on recess), etc. The process allows for extension with good cause shown. The burden to develop facts surrounding the investigation and/or prove that an incident lacked consent is on the institution, not the reporting individual. A reporting individual may withdraw a complaint or report from the institution at any time. Such individual will not be penalized for withdrawing such complaint. Please note that the institution may, consistent with other provisions of this law as well as federal law, still have obligations to investigate and/or take actions even if the complaint has been withdrawn.

Availability of Counseling

Touro College will offer its internal counseling services to any complainant who has begun the complaint process. It is ultimately the complainant’s decision of whether or not to accept the counseling service offered by Touro.

Accommodations and Protective Measures Available for Victims

Upon receipt of a report of domestic violence, dating violence, sexual assault or stalking, Touro will provide written notification to the students and employees involved about accommodations available to them, including academic, living, transportation and working situations. The written notification will include information regarding the accommodation options, available assistance in requesting accommodations, and how to request accommodations and protective measures (i.e., the notification will include the name and contact information for the individual or office that should be contacted to request the accommodations).

At the victim’s request, and to the extent of the victim’s cooperation and consent, Touro offices will work cooperatively to assist the victim in obtaining accommodations. If reasonably available, a victim may be offered changes to academic, living, working or transportation situations regardless of whether the victim chooses to report the crime to campus police or local law enforcement. Examples of options for a potential change to the academic situation may be to transfer to a different section of a class, withdraw and take a class at another time if there is no option for moving to a different section, etc. Potential changes to living

situations may include moving to a different room or residence hall. Possible changes to work situations may include changing working hours. Possible changes in transportation may include having the student or employee park in a different location, assisting the student or employee with a safety escort, etc.

Certain remedial measures may be taken to protect both parties during the pendency of the investigation, including changes to academic, living, transportation, and working situations or other protective measures. Touro may make such accommodations or provide such protective measures if the victim requests them and if they are reasonably available, regardless of whether the victim chooses to report the crime to campus police or local law enforcement.

To request changes to academic, living, transportation and/or working situations or protective measures, a victim should contact the Director of Security Lydia Perez at 646-565-600 x55134 or Office of Institutional Compliance at 646-565-6000 x55330. If the victim wishes to receive assistance in requesting these accommodations, she or he should contact the Director of Security Lydia Perez at 646-565-600 x55134 or the Office of Institutional Compliance at 646-565-6000 x55330.

Notice and Timely Access and Preservation of Evidence

The proceeding will be consistent with Touro’s policies and transparent to both the accuser and the accused. Both accuser and accused will receive timely notice of meetings at which their presence is requested. Either party may request that others be present. If allowed, other individuals will not be allowed to participate or interfere in such meeting. Both accuser and accused will receive timely and equal access to information that will be used during formal and informal disciplinary meetings or hearings (if any). Investigation interviews are not deemed disciplinary in nature. Touro will endeavor to protect the privacy of the participating parties and/or witnesses.

It is very important that the victim preserve any proof or evidence of any criminal offense. Such incidents will be reviewed and investigated in an expedient and professional manner.

Intake Interview

After receipt of a complaint, the Compliance Officer or his/her designee will meet with the complainant as soon as possible, usually within one week, but not later than thirty (30) days after receipt. The complainant must make himself/herself available to meet.

The meeting will be an intake interview where the Compliance Officer or his/her designee will inform the complainant about the investigation procedure and timeline. The complainant will have an opportunity to provide or present evidence and witnesses on their behalf. The complainant may sign a formal complaint form at that time (under the above guidelines) if he/she has not already done so. A complaint will proceed even in the absence of a signed written complaint.

Complaints about Students, Faculty, Other Employees or Third Parties

The College’s disciplinary process includes a prompt, fair, and impartial investigation and resolution process from the initial investigation to the final result. Upon receipt of a complaint, the Compliance Officer or his/her designee shall investigate the circumstances of the complaint. This investigation will include documented interviews of the complainant, the person against whom the complaint is written, and witnesses with relevant knowledge, if any. Further, the investigation will include a review of relevant documents and any other evidence. Touro will use the preponderance of the evidence standard in the investigation and disciplinary action, as VAWA requires.

Investigation of Complaints

The Compliance Officer or his/her designee shall have thirty (30) days from the intake interview to complete the investigation of the event in question. Usually, the resolution of domestic violence, dating violence, sexual assault and stalking complaints are completed within 60 days of the report. However, each proceeding allows for extensions of timeframes for good cause with written notice to the accuser and the accused of the delay and the reason for the delay. College officials involved in the investigation or adjudication of domestic violence, dating violence, sexual assault and stalking complaints are trained annually on the issues related to domestic violence, dating violence, sexual assault, and stalking as well as how to conduct an investigation and hearing process that protects the safety of the victim and promotes accountability. Such thirty (30) days may be extended in the event that one of the following occurs:

• Availability or unavailability of a witness or relevant/material documents;
• Reluctance of a witness and/or any necessary party;
• Delay or other uncooperative actions of any necessary party;
• Numerosity of witnesses;
• Holidays and vacation periods;
• Any other unforeseeable events/circumstances.

Both the complainant and respondent will have the same opportunities to have others present during any disciplinary proceeding, including the opportunity to be accompanied to any related meeting or proceeding by the advisor of their choice. Touro will not limit the choice of advisor or presence for either the accuser or the accused in any meeting or institutional disciplinary proceeding, but Touro may establish restrictions regarding the extent to which the advisor may participate in the proceedings, as long as the restrictions apply equally to both parties.

During any such investigation, the complainant and the accused will each reserve the right to exclude their own prior sexual history with any persons other than the party involved in the hearing during the judicial or conduct investigation process. Both will also reserve the right to exclude any mental health diagnosis and treatment during the institutional disciplinary stage which determines responsibility. Past findings of domestic violence, dating violence, stalking, or sexual assault may be admissible in the stage that determines sanction.

Generally speaking an investigation will take approximately 60 calendar days following receipt of the complaint. This may not be practicable in every investigation and may vary depending on the complexity of the investigation and the severity and extent of the harassment. The institutional disciplinary procedures will not be conducted by officials who have a conflict of interest or bias for or against the accuser or the accused.

Notice of Determination and Further Action

The Compliance Officer or his/her designee shall report the findings of the investigation to a designated, impartial Fact Finder. The Fact Finder shall endeavor to issue a determination within fifteen day after receipt of the investigation file to determine and detail: (a) whether there is probable cause to believe discrimination occurred with respect to each allegation in the complaint, (b) a description of actions taken, if any, to prevent similar problems from occurring in the future, and (c) the proposed resolution of the complaint. Both parties will be informed of the outcome reached and sanctions imposed as a result of such investigation and determination.

Both the complainant, the party who filed the complaint or the alleged target of the sexual harassment or sexual assault, and the respondent, the accused, shall be informed of the fact finder’s decision, including the outcome reached and sanctions imposed, in writing simultaneously within ten days of the conclusion of the fact finder’s deliberation. They will both be notified simultaneously and in writing of the outcome of the proceeding and appeal procedures. Questions concerning

these actions should be addressed to the Office of Institutional Compliance. Notification to the appropriate law enforcement officials and other assistance to the student or staff member in notifying law enforcement officials will be provided, if requested.

Touro will provide the victim a written explanation of her/his rights and options with respect to the report when the victim reports to Touro about the misconduct.

Notification to Victims of Crimes of Violence

The College will, upon written request, disclose to the alleged victim of a crime of violence, or a non-forcible sex offense, the report on the results of any disciplinary proceeding conducted by such institution against a student who is the alleged perpetrator of such crime or offense. If the alleged victim is deceased as the result of such crime or offense, the next of kin of such victim shall be treated as the alleged victim for purposes of this paragraph.

Appeals

The complainant and respondent alike will be provided with at least one level of appeals.

Both the complainant and the respondent are eligible to file an appeal to the determination based on (i) a procedural error occurred, (ii) new information exists that would substantially change the outcome of the finding, or (iii) the sanction is disproportionate with the violation.

The request for an appeal, including the grounds upon which the request is based, should be submitted in writing to the Office of Institutional Compliance within seven (7) business days following the date on the outcome letter. The Appeal should state the remedy sought by the appealing party. Each party may respond in writing to any appeal submitted by the other party. Written responses to the other party’s appeal must be submitted within three (3) business days following delivery of the notice of the written appeal. Written requests for appeal submitted by one party will be shared with the other party.

Appeals will be conducted in an impartial manner by trained College officials without conflict of interest or bias for or against either party. A party with a concern about a conflict of interest or bias should contact the Office of Institutional Compliance. The Appeals Panel can determine whether a change in the decision is warranted. If applicable, both the accuser and accused will have an opportunity to be present or have others present during any disciplinary proceedings. If a change

in this decision is necessary, the Appeals Panel will review the appeal and rationale and make a final decision. Both parties will be informed of the outcome reached and sanctions imposed as a result of such proceedings.

Appeals will not be reviewed or considered beyond the Appeals Panel. Appeals decisions will be rendered within twenty (20) business days after the receipt of the formal request for appeal. The appeal decision will be provided in writing to both parties and the appeal decision is final. However, information obtained during the course of the conduct or judicial process will be protected from public release until the appeals process is final, unless otherwise required by law.

Touro has a grade appeal process, which is not circumvented by this policy. This procedure is not a substitute for a grade appeal. A grade appeal may be suspended until a determination has been made by the fact finder.

Touro will provide the victim a written explanation of her/his rights and options with respect to the report when the victim reports to Touro about the misconduct.

6.0 Sanctions for Violations

Student violators may be subject to the following sanctions and remedial measures on a case-by-case basis:

• Warning: A written reprimand putting the student on notice that he/she has violated the Code of Conduct. A copy of this warning is placed in the student's folder.
• No-Contact Order: A student may be ordered to temporarily not intentionally contact a victim through any medium.
• Probation: A student may be placed on disciplinary probation for a definite period of time. While on probation, students may not hold office in Student Government Organizations, Clubs or Societies or represent the college in any capacity. Further violations while on probationary status will result in suspension or expulsion from the college.
• Restitution: A student may be required to pay restitution to the college or to fellow students for damages and losses resulting from his/her actions.
• Suspension: At any time during a student's enrollment at the college he/she may be suspended and barred from attending classes for a definite period, not to exceed two years. A student who is suspended is entitled to a written clarification with specific reasons for and description of the sanction. A student may not be automatically re-enrolled at the end of his/her suspension. He/she must apply to the Student Affairs Committee for re-enrollment.
• Expulsion: Touro may terminate a student's status at the college at any time.

Faculty and staff (part-time and full-time) who violate the policy will be subject to disciplinary sanctions on a case-by-case basis as follows:

• Censure: A written reprimand, outlining the violation(s) of college policies, may be placed in the personnel file of individual violators.
• Probation: Faculty and/or staff may be placed on probation for a definite period of time up to a maximum of one year. In such instances, individuals may be required to enroll in a therapeutic counseling or treatment program.
• Suspension: Faculty and/or staff may be suspended from employment without pay for a period of time ranging from seven days to a maximum of one year.
• Termination of Employment: Faculty and/or staff may be dismissed from employment upon written notice by the Dean of Faculties (for faculty members) or the Vice President for Administration (all other employees).
• Legal Action: Faculty and/or staff may be turned over to law enforcement authorities for criminal prosecution and legal action.

In both cases for students, faculty and staff, the existence of a progressive system of disciplinary sanctions measures does not preclude Touro College from levying a heavy sanction, without first resorting to a lesser sanction. By way of illustration and not exclusion, Touro College may expel a student or terminate a staff member for a violation of policy without first issuing a warning or putting that student or employee on probation.

College-Initiate Protective Measures

In addition to those protective measures previously described, the Title IX Coordinator or their designee will determine whether interim interventions and protective measure should be implemented, and, if so, take steps to implement those protective measures as soon as possible.

When the accused or respondent is a student, to have the institution issue a “no contact order” consistent with institution policies and procedures, whereby continued intentional contact with the reporting individual would be a violation of institution policy subject to additional conduct charges; if the accused or respondent and a reporting individual observe each other in a public place, it shall be the responsibility of the accused or respondent to leave the area immediately and

without directly contacting the reporting individual. Both the accused or respondent and the reporting individual shall, upon request and consistent with institution policies and procedures, be afforded a prompt review, reasonable under the circumstances, of the need for and terms of a no contact order, including potential modification, and shall be allowed to submit evidence in support of his or her request. Institutions may establish an appropriate schedule for the accused and respondents to access applicable institution buildings and property at a time when such buildings and property are not being accessed by the reporting individual.

Other examples of interim protective measures include, but are not limited to: a College order of no contact, residence hall relocation, adjustment of course schedules, a leave of absence, or reassignment to a different supervisor or position. These remedies may be applied to one, both, or multiple parties involved. Protective measures imposed may be temporary pending the results of an investigation or may become permanent as determined by Touro College. Violations of the Compliance Officer’s directives and/or protective measures will constitute related violations that may lead to additional disciplinary action including interim suspension pending the outcome of a judicial or conduct process consistent with Touro policy. Both the accused or respondent and the reporting individual shall, upon request and consistent with the institution’s policies and procedures, be afforded a prompt review, reasonable under the circumstances, of the need for and terms of an interim suspension, including potential modification, and shall be allowed to submit evidence in support of the request.

Every institution shall ensure that individuals are provided the following protections and accommodations:

• To receive a copy of the order of protection or equivalent when received by an institution and have an opportunity to meet or speak with an institution representative, or other appropriate individual, who can explain the order and answer questions about it, including information from the order about the accused’s responsibility to stay away from the protected person or persons;

• When the accused is not a student but is a member of the institution’s community and presents a continuing threat to the health and safety of the community, to subject the accused to interim measures in accordance with applicable collective bargaining agreements, employee handbooks, and rules and policies of the institution.

Policy for Transcript Notations

For crimes of violence, including, but not limited to sexual violence, defined as crimes that meet the reporting requirements pursuant to the federal Clery Act established in 20 U.S.C. 1092(f)(1)(F)(i)(I)-(VIII), Touro shall make a notation on the transcript of students found responsible after a conduct process that they were “suspended after a finding of responsibility for a code of conduct violation” or “expelled after a finding of responsibility for a code of conduct violation.” For the respondent who withdraws from the institution while such conduct charges are pending, and declines to complete the disciplinary process, institutions shall make a notation on the transcript of such students that they “withdrew with conduct charges pending.” Touro will allow for appeals seeking removal of a transcript notation for a suspension, provided that such notation shall not be removed prior to one year after conclusion of the suspension, while notations for expulsion shall not be removed. If a finding of responsibility is vacated for any reason, any such transcript notation shall be removed.

7.0 Confidentiality

Touro has independent obligations to report or investigate potential misconduct, even if a complainant does not wish to initiate an official process. Therefore, absolute confidentiality cannot be promised with respect to a complaint of discrimination, harassment, sexual harassment, sexual assault (i.e. rape, fondling, incest or statutory rape) or retaliation received either through Touro’s compliance hotline, email or otherwise. The phone number for the Touro hotline is 646-565- 6000 x55330. The email is compliance@touro.edu

Touro wishes, however, to create an environment in which legitimate complaints are encouraged, while also protecting the privacy of all involved in an investigation. Complaints about violations of these policies will therefore be handled in strict confidence, with facts made available only to those who need to know in order for Touro to promptly and thoroughly investigate and resolve the matter. Touro employees will explain to the reporting individual whether he or she is authorized to offer the reporting individual privacy. Even Touro offices and employees who cannot guarantee confidentiality will maintain your privacy to the greatest extent possible. The information you provide to a non-confidential resource will be relayed only as necessary for the Compliance Officer to investigate and/or seek a resolution.

Reporting individuals may request confidentiality and choose not to consent to an investigation by Touro, and the Compliance Officer must weigh the request against the institution’s obligation to provide a safe, non-discriminatory environment for all members of its community. If Touro determines that an investigation is required,

it must notify the reporting individuals and take immediate action as necessary to protect and assist them. Touro should seek consent from reporting individuals prior to investigating, and declining consent will be honored unless Touro determines in good faith that failure to investigate does not adequately mitigate a potential risk of harm to members of the community. If an individual discloses information through a public awareness event, Touro is not obligated to begin an investigation based on such information.

Declining to consent to an investigation shall be honored unless the institution determines in good faith that failure to investigate does not adequately mitigate a potential risk of harm to the reporting individual or other members of the community. Honoring such a request may limit the institution’s ability to meaningfully investigate and pursue conduct action against an accused individual. Factors used to determine whether to honor such a request include, but are not limited to:

• Whether the accused has a history of violent behavior or is a repeat offender;
• Whether the incident represents escalation in unlawful conduct on behalf of the accused from previously noted behavior;
• The increased risk that the accused will commit additional acts of violence;
• Whether the accused used a weapon or force;
• Whether the reporting individual is a minor; and
• Whether the institution possesses other means to obtain evidence such as security footage, and whether available information reveals a pattern of perpetration at a given location or by a particular group

Touro will complete publicly available record-keeping for purpose of Clery Act reporting and disclosure. These reports will not include identifying information about the victim or accused and shall maintain confidentiality of any accommodations or protective measures provided to the victim, to the extent that maintaining such confidentiality would not impair the ability of Touro to provide the accommodations or protective measures.

Touro does not publish the name of crime victims or other identifiable information in the Daily Crime Log or in the annual crime statistics that are disclosed in compliance with the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act. Furthermore, if a Timely Warning Notice is issued on the basis of a report of domestic violence, dating violence, sexual assault or stalking, the name of the victim and other personally identifiable information about the victim will be withheld.

By only sharing personally identifiable information with individuals on a need-to-know basis, without the inclusion of identifying information about the victim (to the extent possible), the institution will maintain as confidential any accommodations or protective measures provided to the victim, to the extent that maintaining such confidentiality would not impair the ability of Touro to provide the accommodations or protective measures.

8.0 Retaliation

Retaliation is any kind of reprisal, adverse action, or negative action taken against an individual because he or she has:

• Complained about alleged discrimination, harassment or sexual assault as defined above,
• Participated as a party or witness in an investigation relating to such allegations, or
• Participated as a party or witness in a proceeding regarding such allegations.

Retaliation can occur contemporaneously during the complaint process or subsequent to it, once the retaliator is aware of the recipient’s participation in the process. Retaliation does not exist in the absence of an adverse action. An individual is protected from retaliation even when the complaint at issue is ultimately found to lack merit, as long as the complaint was made in good faith.

Touro does not allow, nor tolerate any conduct by any Touro member that may be regarded as retaliatory. Retaliation against any individual, whether said person submitted a complaint, will not be tolerated.

Upon the first instance of disclosure by a reporting individual to a Touro representative, the individual will be informed:

“You have the right to make a report to university police or campus security, local law enforcement, and/or state police or choose not to report; to report the incident to your institution; to be protected by the institution from retaliation for reporting that incident; and to receive assistance and resources from your institution.”

Reporting individuals or bystanders who report an incident of sexual assault in good faith will receive amnesty for drug and alcohol use. The following is Touro’s Alcohol and/or Drug Amnesty Policy:

“The health and safety of every student at the Touro is of utmost importance. Touro recognizes that students who have been drinking and/or using drugs (whether such use is voluntary or involuntary) at the time that violence, including but not limited to domestic violence, dating violence, stalking, or sexual assault occurs may be hesitant to report such incidents due to fear of potential consequences for their own conduct. Touro strongly encourages students to report domestic violence, dating violence, stalking, or sexual assault to institution officials. A bystander acting in good faith or a reporting individual acting in good faith that discloses any incident of domestic violence, dating violence, stalking, or sexual assault to Touro officials or law enforcement will not be subject to Touro’s code of conduct action for violations of alcohol and/or drug use policies occurring at or near the time of the commission of the domestic violence, dating violence, stalking, or sexual assault.”

Employees, faculty and students who violate Touro’s policies may be subject to disciplinary action. Individuals, who retaliate against someone who files a complaint, or against a witness, representative, or advocate for a complainant, will be subject to further disciplinary action.

9.0 Assistance for Victims: Rights & Options

Regardless of whether a victim elects to pursue a criminal complaint or whether the offense is alleged to have occurred on or off campus, Touro will assist victims of sexual assault, domestic violence, dating violence, and stalking and will provide each victim with a written explanation of their rights and options. Such written information will include:

• the procedures victims should follow if a crime of dating violence, domestic violence, sexual assault or stalking has occurred;
• information about how the institution will protect the confidentiality of victims and other necessary parties;
• a statement that the institution will provide written notification to students and employees about victim services within the institution and in the community;
• a statement regarding the institution’s provisions about options for, available assistance in, and how to request accommodations and protective measures; and
• an explanation of the procedures for institutional disciplinary action

Rights of Victims and the Institution's Responsibilities for Orders of Protection, “No Contact” Orders, Restraining Orders, or Similar Lawful Orders Issued by a Criminal, Civil, or Tribal Court or by the Institution

Touro complies with Montana law in recognizing orders of protection. Any person who obtains an order of protection from Montana or any reciprocal state should provide a copy to Campus Security and the Office of Institutional Compliance. A complainant may then meet with Campus Security to discuss the order, its consequences, and/or develop a Safety Action Plan, which is a plan for campus police and the victim to reduce risk of harm while on campus or coming and going from campus. This plan may include, but in not limited to: escorts, special parking arrangements, providing a temporary cellphone, changing classroom location or allowing a student to complete assignments from home, etc.) Touro cannot apply for a legal order of protection, no contact order or restraining order for a victim from the applicable jurisdiction(s). However, the individual may receive assistance from police or campus security or have them call the appropriate agency in order to effect an arrest when an individual violates an order of protection.

Touro may issue an institutional no contact order if deemed appropriate or at the request of the victim or accused. If Touro receives a report that such an institutional no contact order has been violated, Touro will initiate disciplinary proceedings appropriate to the status of the accused (student, employee, etc.) and will impose sanctions if the accused is found responsible for violating the no contact order.

It is very important that the victim preserve any proof or evidence of the criminal offense. Such incidents will be reviewed and investigated in an expedient and professional manner. The employee or student can also file a grievance as per Touro’s grievance policy described in the Administrative Handbook.

The federal laws require that both accuser and accused have the opportunity to object to Touro Participants as impartial.

Every institution shall ensure that every student be afforded the following rights:

• Throughout proceedings involving such an accusation of sexual assault, domestic violence, dating violence, stalking, or sexual activity that may otherwise violate the institution’s code of conduct, the right:
  • To a prompt response to any complaint and to have the complaint investigated and adjudicated in an impartial, timely, and thorough manner by individuals who receive annual training in conducting investigations of sexual violence, the effects of trauma, impartiality, the rights of the respondent, including the right to a presumption that the respondent is “not responsible” until a finding of responsibility is made pursuant to the provisions of this article and the institution’s policies and procedures, and other issues including, but not limited to domestic violence, dating violence, stalking or sexual assault.
  • To make an impact statement during the point of the proceeding where the decision maker is deliberating on appropriate sanctions.
  • To simultaneous (among the parties) written or electronic notification of the outcome of a judicial or conduct process, including the sanction or sanctions.

Procedures the College Will Follow When a Crime of Domestic Violence, Dating Violence, Sexual Assault and Stalking is Reported

The College has procedures in place that serve to be sensitive to victims who report sexual assault, domestic violence, dating violence, and stalking, including informing individuals about their right to file criminal charges as well as the availability of counseling, health, mental health, victim advocacy, legal assistance, visa and immigration assistance, student financial aid, and other services on and/or off campus as well as additional remedies to prevent contact between a complainant and an accused party, such as housing, academic, transportation and working accommodations, if reasonably available. The College will make such accommodations, if the victim requests them and if they are reasonable available, regardless of whether the victim chooses to report the crime to the Campus Security department or local law enforcement. Students and employees should contact Lydia Perez at 646-565-6000 x55134 or the Office of Institutional Compliance at 646-565-6000 x55330

The following Student Bill of Rights is a summary of many of the procedures listed above in Section 5. Under this Bill of Rights all students have the right to:

1. Make a report to local law enforcement and/or state police;
2. Have disclosures of domestic violence, dating violence, stalking, and sexual assault treated seriously;
3. Make a decision about whether or not to disclose a crime or violation and participate in the judicial or conduct process and/or criminal justice process free from pressure by the institution;
4. Participate in a process that is fair, impartial, and provides adequate notice and a meaningful opportunity to be heard;
5. Be treated with dignity and to receive from the institution courteous, fair, and respectful health care and counseling services, where available;
6. Be free from any suggestion that the reporting individual is at fault when these crimes and violations are committed, or should have acted in a different manner to avoid such crimes or violations;
7. Describe the incident to as few institution representatives as practicable and not be required to unnecessarily repeat a description of the incident;
8. Be protected from retaliation by the institution, any student, the accused and/or the respondent, and/or their friends, family and acquaintances within the jurisdiction of the institution;
9. Access to at least one level of appeal of a determination;
10. Be accompanied by an advisor of choice who may assist and advise a reporting individual, accused, or respondent throughout the judicial or conduct process including during all meetings and hearings related to such process; and
11. Exercise civil rights and practice of religion without interference by the investigative, criminal justice, or judicial or conduct process of the institution.

If a report of domestic violence, dating violence, sexual assault or stalking is reported to Touro, Touro will follow the procedures above in Section 5.

10.0 Victim Assistance

In cases of rape and/or sexual violence, there are many sources of support available to victims.

On Campus

• Emergency Assistance
• Employee on staff is available to work with the Touro community to meet immediate need.
• Accompaniment
• Security is available to provide support and escort around campus, and in certain instances to assist the individual in getting home.

• Other available community resources may be provided based on client’s individual needs.

Off Campus

MONTANA

• https://cor.mt.gov/Victims/
• https://havenmt.org/
• https://ncvli.org/

NATIONAL

• www.womenslaw.org
  • (707) 784-6844
• www.rainn.org
  • (800) 656-HOPE (4673)

ISRAEL

• www.1202.org.il/English/
  •  +972-2- 623 2451

24 HOUR HOTLINES

• Hi-Line's Help for Abused Spouses 24 Hr. Crisis Line: (800) 219-7336
• Toole County Victim Advocate Crisis Line: (406) 450-0335

SEXUAL ASSAULT SERVICES AT MEDICAL CENTERS

• YWCA Great Falls, Montana, Sexual Assault Response: (406) 453-1018
• Victim-Witness Assistance Services Office: (406) 315-1111

Great Falls, Montana Police Contact Information: (406) 455-8599 Touro is committed to providing a safe learning and working environment, and in compliance with federal law has adopted policies and procedures to prevent and respond to incidents of sexual violence including sexual assault, domestic violence, dating violence and stalking. These guidelines apply to all students, faculty, staff, contractors, and visitors.

Information on Montana state criminal statutes can be found at: https://leg.mt.gov/bills/mca/title_0450/chapters_index.html

Please see Touro’s Sexual Violence Policy in the Appendix for more information.

11.0 External Reporting

Touro will conduct a campus climate assessment every other year to ascertain general awareness and knowledge of the provisions of this policy, including student experience with and knowledge of reporting and college adjudicatory processes, which shall be developed using standard and commonly recognized research methods. The aggregate results of these campus climate assessments shall be posted on Touro’s website with no identifying information about respondents. Touro will also annually submit to the Montana’s State Education Department aggregate data and information about reports of domestic violence, dating violence, stalking, and sexual assault. The assessment shall include questions covering, but not be limited to, the following:

• The Title IX Coordinator’s role;
• Campus policies and procedures addressing sexual assault;
• How and where to report domestic violence, dating violence, stalking or sexual assault as a victim, survivor or witness;
• The availability of resources on and off campus, such as counseling, health and academic assistance;
• The prevalence of victimization and perpetration of domestic violence, dating violence, stalking, or sexual assault on and off campus during a set time period;
• Bystander attitudes and behavior;
• Whether reporting individuals disclosed to the institution and/or law enforcement, experiences with reporting and institution processes, and reasons why they did or did not report;
• The general awareness of the difference, if any, between the institution’s policies and the penal law; and
• General awareness of the definition of affirmative consent

Every institution shall take steps to ensure that answers to such assessments remain anonymous and that an individual is identified. Institutions shall publish results of the surveys on their website provided that no personally identifiable information or information which can reasonably lead a reader to identify an individual shall be shared.

Information discovered or produced as a result of complying with this section shall not be subject to discovery or admitted into evidence in any federal or state court proceeding or considered for other purposes in any action for damages brought by a private party against an institution, unless, in the discretion of the court, any such information is deemed to be material to the underlying claim or defense.

Members of Touro are always subject to local, state, and federal laws, and nothing in these procedures is intended to limit or postpone the right of an individual to file a complaint or charge with appropriate federal, state, or local departments or agencies.

It is the rights of victims and the responsibility of all members of the community to comply with protective orders issued by a criminal, civil, or tribal court or by Touro.

U.S. Department of Education Office for Civil Rights

Among other options, individuals may contact the Office for Civil Rights of the

U.S. Department of Education for inquiries concerning the application of Title IX as well as the implementation of its regulations. The Office for Civil Rights can be contacted using the following information:

U.S. Department of Education Office for Civil Rights
915 Second Avenue, Room 3310
Seattle, WA 98174-1099
Phone: (206) 607-1600
Fax: (206) 607-1601
Email: OCR.Seattle@ed.gov

Montana Human Rights Bureau

The Human Rights Law (HRL), codified as Montana Code Title 49applies to employers in Montana with regard to sexual harassment, and protects employees, paid or unpaid interns and non-employees regardless of immigration status. A complaint alleging violation of the Human Rights Law may be filed either with Human Rights Bureau (“HRB”) or in State Court.

Complaints with HRB may be filed any time within 180 days of the harassment. This time may be extended if there has been an internal grievance procedure process.

You do not need an attorney to file a complaint with HRB, and there is no cost to file with HRB.

DHR will investigate your complaint and determine whether there is probable cause to believe that discrimination has occurred. Probable cause cases are forwarded to a public hearing before an administrative law judge. If discrimination is found after a hearing, DHR has the power to award relief, which varies but may include requiring your employer to take action to stop the harassment or redress the damage caused, including paying monetary damages, attorney’s fees and civil fines.

Human Rights Bureau PO Box 1728
Helena MT, 59624-1728
Phone: (406) 444-2884
Toll Free: 1-800-542-0807
Telephone Relay Service: 711

United States Equal Employment Opportunity Commission (EEOC)

The EEOC enforces federal anti-discrimination laws, including Title VII of the 1964 federal Civil Rights Act (codified as 42 U.S.C. § 2000e et seq.). An individual can file a complaint with the EEOC anytime within 180 days after the alleged harassment occurred and notice of such charge (including the date, place and circumstances of the alleged harassment) shall be served upon the person against whom such charge is made within ten days thereafter, except in a case where the complainant has initially instituted proceedings with a State or local agency with authority to grant or seek relief or institute criminal proceedings, such charge shall be filed by or on behalf of the complainant within 300 days from the harassment. There is no cost to file a complaint with the EEOC. The EEOC will investigate the complaint, and determine whether there is reasonable cause to believe that discrimination has occurred, at which point the EEOC will issue a Right to Sue letter permitting the individual to file a complaint in federal court.

The EEOC does not hold hearings or award relief, but may take other action including pursuing cases in federal court on behalf of complaining parties. Federal courts may award remedies if discrimination is found to have occurred.

If an employee believes that he/she has been discriminated against at work, he/she can file a “Charge of Discrimination.” The EEOC has district, area, and field offices where complaints can be filed.

EEOC
Phone 1-800-669-4000 (1-800-669-6820 (TTY))
Website: www.eeoc.gov
Email: info@eeoc.gov

If an individual filed an administrative complaint with DHR, DHR will file the complaint with the EEOC to preserve the right to proceed in federal court.

Local Protections

Many localities enforce laws protecting individuals from sexual harassment and discrimination. An individual should contact the county, city or town in which they live to find out if such a law exists.

Contact the Local Police Department

If the harassment involves physical touching, coerced physical confinement or coerced sex acts, the conduct may constitute a crime. Contact the local police department.

12.0 Policy on Monitoring Criminal Activity

Touro monitors and records criminal activity by students at non-campus locations of student organizations officially recognized by Touro, including student organizations with non-campus housing facilities through local police agencies.

Touro shall ensure that reporting individuals have the following:

• Information regarding institutional crime reporting including, but not limited to: reports of certain crimes occurring in specific geographic locations that shall be included in Touro’s annual security report pursuant to the Clery Act, 20 U.S.C. 1092(f), in an anonymized manner that identifies neither the specifics of the crime nor the identity of the reporting individual; that the institution is obligated to issue timely warnings of crimes enumerated in the Clery Act occurring within relevant geography that represent a serious or continuing threat to students and employees, except in those circumstances where issuing such a warning may compromise current law enforcement efforts or when the warning itself could potentially identify the reporting individual; that a reporting individual shall not be identified in a timely warning; that the Family Educational Rights and Privacy Act, 20 U.S.C. 1232g, allows institutions to share information with parents when i. there is a health or safety emergency, or ii. when the student is a dependent on either parent’s prior year federal income tax return; and that generally, the institution shall not share information about a report of domestic violence, dating violence, stalking, or sexual assault with parents without the permission of the reporting individual.

13.0 Programs

All new students, including transfers, student leaders, student athletes, and officers of student organizations, will attend a program about the provision of this policy and how to prevent, and best protect themselves and others against sexual assault, domestic violence, dating violence, and stalking prior to receiving recognition or registration, and Touro shall require that each student- athlete complete training on domestic violence, dating violence, stalking, or sexual assault prevention prior to participating in intercollegiate athletic competition. On at least an annual basis, the Office of the Dean of Students or the Vice-President of Division of Graduate Studies at each of the College's campuses/sites will provide a formal educational program to increase awareness of sexual offenses, including rape, acquaintance rape, dating violence, domestic violence, sexual assault, stalking and other forcible and non-forcible sexual offenses. Students should receive training on the following topics:

• Touro prohibits sexual and interpersonal violence and will offer resources to any victims and survivors of such violence while taking administrative and conduct action regarding any accused individual within the jurisdiction;
• Policies apply equally to all students regardless of sexual orientation, gender identity, or gender expression;
• The role of the Title IX Coordinator, university police or campus security, and other relevant offices that address domestic violence, dating violence, stalking, and sexual assault prevention and response;
• Awareness of violence, its impact on victims and survivors and their friends and family, and its long-term impact

Touro engages in comprehensive, intentional, and integrated programming, initiatives, strategies, and campaigns intended to end dating violence, domestic violence, sexual assault and stalking that:

• Are culturally relevant, inclusive of diverse communities and identities, sustainable, responsive to community needs, and informed by research, or assessed for value, effectiveness, or outcome; and
• Consider environmental risk and protective factors as they occur on the individual, relationship, institutional, community and societal levels.

The programs will include discussion of what constitutes these offenses, penalties for these offenses, definition of consent, prevention and awareness programs and ongoing prevention and awareness campaigns, risk reduction for students and faculty, safe and positive options for bystander intervention and security measures to protect against the occurrence of these offenses. Touro will advertise the date, time and content of these educational programs on posters displayed in those areas regularly used by students and employees of Touro.

Touro shall use multiple methods to educate students about violence prevention and shall share information on domestic violence, dating violence, stalking and sexual assault prevention with parents of enrolling students.

Presentations will be made by guest speakers and appropriate members of Touro's faculty and staff. The training programs’ topics are as follows:

• Protect Your Possessions and Identity
  • Most property is lost due to people being inattentive. We will instruct them that opportunist will take advantage of an easy grab. Not to leave items lying around, locking up your room, proper techniques to protect your property while walking around. To be aware of your surroundings and whose around you, i.e. ATM usage. We will also discuss Online/telephone scams to protect ones identity. Never giving out ones information to strangers or bogus request from online scams and or telephone solicitation. Offered as follows:
    • Campus Security Lecture
    • DVR for Site Training
    • Online Video (Portal)
    • Operation ID
• Everyday Safety
  • We will elaborate that you should be aware of your surroundings and that you could be safer while out enjoying the scenes. We provide tips on safety while in elevators, subway, buses, and in dorms etc. Offered as follows:
    • Campus Security Lecture
    • DVR for Site Training
    • Online Video (Portal)
• Common-Sense Defense
  • We may not all be fighters or large individuals, but there are tactics that could be used to allow you to survive a dangerous interaction. These methods will be shown and instructed. We focus on the art of verbal communication. Offered as follows:
    • Campus Security Lecture
    • DVR for Site Training
    • Online Video (Portal)
• Forming Healthy Relationships
  • We discuss methods on how to read another’s actions and determine if this is a good or bad relationship. We offer tips on healthy relationships and how do deal with an unhealthy relationship. Offered as follows:
    • Campus Security Lecture
    • DVR for Site Training
    • Online Video (Portal)
    • We have the capability of inviting agencies such as RAINN.
• Dating Violence/Domestic Violence
  • We discuss warning signs, tips, available agencies to assist our community and reporting of such incidents. Offered as follows:
    • Campus Security Lecture
    • DVR for site training
    • Online Video (Portal)
    • We have the capability of inviting agencies such as RAINN,
• Controlling Behavior
  • We discuss the signs that a person maybe displaying in a controlling situation. We discuss the psychological issues that arise in these relationships and how you can defend yourself or others from this behavior. Offered as follows:
    • Campus Security Lecture
    • DVR for Site Training
    • Online Video (Portal)
    • We have the capability of inviting agencies such as RAINN,
• Racism, Classism, Religious, and Sexual orientation and Gender Identity (Discrimination)
  • We discuss discrimination and how it affects us. We will identify the trends that are presently being observed and how to combat them. We will instruct those on how to report incidents involving discriminations occurring here at Touro. Offered as follows:
    • Campus Security Lecture
    • DVR for Site Training
    • Online Video (Portal)
• Sexual Misconduct/Assault
  • We discuss our Policy, Protocol, Procedure and Prevention. We will identify what is Sexual Misconduct/Assault and how to report if an incident should occur. How to attend to those who have been victimized and how these incidents will be investigated. Present what resources there are for those who have been victimized. We also offer tips on how to prevent these incidents and what to do if you become a victim or know someone who is a victim. We discuss buddy system and we encourage our students to contact us if they are in a situation that they can’t handle. Offered as follows:
    • Campus Security Lecture
    • DVR for Site Training
    • Online Video (Portal)
    • We have the capability of inviting agencies such as RAINN,
• Stalking
  • Familiarize those with what stalking actually is and how it could affect their daily lives. With the Internet and Social Media, those who seek knowledge about others are easily obtained. We will discuss ways of protecting oneself from this intrusion. We also discuss on what to do if you are a victim of Stalking. Offered as follows:
    • Campus Security Lecture
    • DVR for Site Training
    • Online Video (Portal)
• Bystander Intervention
  • The goal of Bystander Intervention is to block bad behavior before it goes too far. We will educate our Touro community of their role and how they can prevent this behavior. We offer tips on what they can do to prevent any of the behaviors identified.
  • Tips for a Bystander
    • Be honest and direct talk about the consequences of their actions.
    • Don’t let resentment prevent you from stepping in.
    • Don’t turn a blind eye.
    • Don’t wait for someone else to act.
    • Give the person an out “Call their cell phone, distract the other person.
    • If it doesn’t feel safe to say something you can call the police or any other person of authority.
    • If the person is your friend, communicate by either asking the person “Are you okay”, “Is he bothering you”.
    • If you are attending a social gathering with a friend remember the same principles applied in every scenario be mindful of your friend make sure you come and go together and if you don’t leave together that your friend is able to make decisions on her/himself.
    • If you see someone at risk, get involved.
    • Solicit help from other bystanders.
  • Offered as follows:
    • Campus Security Lecture
    • DVR for Site Training
    • Online Video (Portal)
• Active Shooter Awareness
  • We train our College community on what to do in the event of an active shooter, how to report these types of incidents and what behaviors we need to report. Offered as follows:
    • Campus Security Lecture
    • Consultant Lectures
    • DVR for Site Training
    • Online Video (Portal)
• Suspicious Package/Mail Awareness
  • We train our people on how to identify/detect suspicious packages, particularly to Mail Room Staff. Offered as follows:
    • Campus Security Literature
    • Postal Inspector also available for Lecture and review of our mailrooms.
• Faculty Orientation
  • We utilize the time allotted to inform new employees of Security measures and policies in place. i.e., the need and use of ID badges, Panic alarms, aware of their surroundings, workplace violence policies, and Emergency Contact numbers. Offered as follows:
    • Campus Security Literature
    • Portal online training
• Student Orientation
  • During these Orientations we process the students into using/wearing their ID badges. We also go through Clery Compliance requirements including but not limited to VAWA, alcohol/drug usages, self-safety awareness, property and identification protection. Offered as follows:
    • Campus Security Literature
    • DVDs available
• Resident Assistants Orientation
  • We emphasize their role as Resident Assistants. We instruct them as to their responsibilities as guardians of the students and facilitate emergencies as they arise. They are processed as “College Security Authority” (CSAs). Offered as follows:
    • Campus Security Lectures/Literature
    • CSA Online required training
    • DVDs available
    • Portal General Training
• Work Place Violence
  • We are looking into material and training aids. Possible resources:
    • Consultant training
    • DVDs
    • Literature
• Risk reduction
  • Touro have Officers at 95% of our campuses/sites, in addition to CCTV and access control measures. When any incidents/crimes have been reported to Touro, Security staff would work with the person(s) involved to assure that all their needs (i.e. escort to mode of transportation, weekly calls to follow-up, referrals to agencies, etc.).

14.0 Resources for Sexual Harassment Victims

Touro will provide resources for sexual harassment victims, regardless of whether the victims choose to report the crime to campus police or local law enforcement. Touro will provide written notification to victims about options for, and available assistance in, changing academic, living, transportation, and working situations. These resources include but are not limited to:

• Crisis Intervention Counseling
  • In-person or telephone services which support clients and their families in their effort to cope with the trauma of victimization and provide assistance in the recovery process.
• Emergency Assistance
  • Counselors will work with clients to determine and meet immediate needs for mental health counseling, medical care, etc.
• Accompaniment
  • Security is available to provide support and escort around campus, and in certain instances to assist the individual in getting home.
• Others
  • Victims will have access to a sexual assault forensic examination with a nurse.
  • Available community resources will be provided based on client’s individual needs.

15.0 Registered Sexual Offenders

Touro makes available to the public over the Internet information about certain sex offenders required to register under Megan’s Law.

The federal Campus Sex Crimes Prevention Act, enacted on October 28, 2000, requires institutions of higher education to issue a statement advising the campus community where law enforcement agency information provided by a State concerning registered sex offenders may be obtained. It also requires sex offenders already required to register in a State to provide notice, as required under State law, of each institution of higher education in that State at which the person is employed, carries on a vocation, volunteers services or is a student. The sex offender registry for Montana can be found at the following address: https://dojmt.gov/sexual-or-violent-offender-registry/

16.0 Implementation

This policy shall be implemented by the Department of Human Resources and the Office of Campus Security.

17.0 Source Documents

• 34 CFR 106.8 and 106.9
• 34 CFR 668.46
• Revised Sexual Harassment Guidance: Harassment of Students By School Employees, Other Students, or Third Parties, dated January 19, 2001
• “Dear Colleague Letter” from the Assistant Secretary, U.S. Department of Education, Office of Civil Rights, dated April 4, 2011.
• “Dear Colleague Letter” from the Assistant Secretary, U.S. Department of Education, Office of Civil Rights, dated July 14, 2014.
• Touro College Title IX Policy

18.0 Approval

This policy has been approved by the Human Resources Department, the Officer of Campus Security and the Office of Institutional Compliance.

The Office of Civil Rights (Region II) reviewed portions of this policy on October 28, 2013.

19.0 Complaint Form

If you wish to file a complaint, please use the Title IX and Sexual Misconduct Policy Complaint Form located on the TouroOne Portal.