An Iowa College in the Liberal Arts Tradition
Title IX Policy and Procedures
Luther College is committed to creating and maintaining a safe and healthy environment where all members of its community—students, faculty, staff, and visitors—are treated with respect and dignity. Therefore, the College will not tolerate sexual misconduct in any form. Sexual Misconduct is not only an act against an individual; it is also an act that affects the entire Luther College community. Acts of sexual misconduct are inconsistent with our educational mission.
01. Glossary
- Actual Knowledge means notice of sexual misconduct or allegations of sexual misconduct to the Title IX Coordinator or any Official with Authority of the College.
- Advisor means a person chosen by a party, or appointed by the College only if a party does not have an advisor at the hearing, to accompany the party to meetings related to the resolution process,, and to conduct cross-examination for the party at the hearing, if any.
- Alternative Resolution is an informal process in which the College uses voluntary informal procedures such as shuttle negotiations or restorative practices to reach resolution.
- Campus Appeals Board is typically composed of three members including the Faculty Interest Committee Chair , Student Senate President, and the Dean for the Student Engagement. The appeals board will consider party appeals in regard to a decision reached by the Luther College Hearing Board.
- Campus Security Authority (CSA) is an official of the College who has significant responsibility for students and/or campus activities, including but not limited to student housing, student discipline, athletics, and student organizations. CSAs must report all information known about campus-related crimes defined in the Jeanne Clery Act to Campus Safety and Security and/or the Title IX Coordinator. Some of these crimes include Sexual Assault (Rape, Fondling, Incest) and Dating Violence, Domestic Violence, and Stalking. Employees at Luther who are considered a CSA are: Wellness Staff, Student Activities Staff, Athletic Directors, Coaches, Ensemble Directors, and CGL Staff as well as any faculty or staff member who advises a student organization.
- Complainant means an individual who is alleged to be the victim of conduct that could constitute sexual misconduct. At the time of filing the complaint, a complainant must be participating in or attempting to participate in the educational program or activity of the College.
- Complaint (formal) means a document filed/signed by a Complainant or signed by the Title IX Coordinator alleging harassment against a Respondent(s).
- Confidential Resource means an employee, person, or entity who by a legal privilege, professional obligation, or otherwise must maintain confidence of communications, including reports of discrimination or harassment. At Luther College confidential resources are Health Service, Counseling Service, and College Ministries. Confidential resources may report when substantial information is presented as a serious threat to self or others or in situations/cases as required by law.
- Day means a business day when the College is in normal operation. The College’s normal hours of operation are Monday-Friday, 8:00-5:00 PM, excluding days when the campus is closed.
- Educational program or activity means locations, events, or circumstances where the College exercises substantial control over both the Respondent and the context in which the alleged sexual misconduct occurs.
- Employee refers to any member of the faculty or any regular staff employee, or any temporary staff employee whose primary relationship to the College is as an employee. (This does not include RAs for work-study.)
- Formal Grievance Process means a method of formal resolution through a live hearing designated by the College to address conduct that falls under Title IX as described within the policies included below, and which complies with the Department of Education requirements of 34 CFR Part 106.45.
- Hearing Board (“Board”) refers to those who have decision-making and sanctioning authority within the College’s formal grievance process. The board is comprised of faculty, staff and students.
- Investigator means a person or persons charged by the College with gathering facts about an alleged violation of this Policy, assessing relevance, synthesizing the evidence, and compiling this information into a final investigation report and file of directly related evidence.
- Notice of Outcome a letter stating the conclusion based on the preponderance of evidence standard.
- Official with Authority (OWA) means an employee of the College explicitly vested with the responsibility to implement corrective measures for Policy violations on behalf of the College.Examples include: President’s Cabinet, HR, Student Engagement Deans, Campus Safety and Security personnel, Residence Life Staff, Resident Assistants(RAs) and the Title IX Coordinator.
- Parties are the Complainant(s) and Respondent(s), collectively.
- Private Resource: means that information related to a complaint will be shared with a limited number of Luther College employees who “need to know” in order to assist in the assessment, investigation, and resolution of the report. Privacy is distinct from confidential.
- Remedies are actions directed to the Complainant and/or the community as mechanisms to address safety, prevent recurrence, and restore access to the College’s educational program.
- Report means that an employee, student, or third-party informs the Title IX Coordinator or other Official with Authority of the alleged occurrence of sexua lmisconduct, and/or retaliatory conduct.
- Respondent means an individual who has been reported to be the perpetrator of conduct that could constitute sexual misconduct or retaliation.
- Required Referral Employees of the College who are not confidential resources and not an OWA or CSA are expected to make “required referrals,” meaning that all non-confidential employees must submit information obtained about known or suspected sexual misconduct to the Title IX Coordinator or any other member of the Title IX team. In some situations, the name of the Complainant may not be required, but it would be expected that the employee would share resources with the Complainant as directed by the Title IX Coordinator.
- Resolution means the result of an alternative resolution or formal grievance process.
- Sanction means a consequence imposed by the College on a Respondent who is found to have violated this policy. Sanctions may be educational, restorative, punitive or a combination of these
- Sexual Harassment has the meaning stated at 34 CFR § 106.30 and includes the offenses of quid pro quo, sexual harassment, sexual assault, stalking, and dating violence and domestic violence. Additionally, sexual misconduct is used as an umbrella term for all of these offenses.
- Student includes all persons taking courses at Luther College, either full time or part time. Persons who withdraw or are suspended after allegedly violating the Code of Conduct, who are not officially enrolled for a particular term but who have a continuing relationship with Luther College or who have accepted offers of admission are considered students, as are persons who are living in Luther College residence halls, although not enrolled in this institution. Student does not include temporary guests of the College such as summer campers.
- Subpoena is a legal document compelling the production of certain designated materials (such as investigation or hearing recordings) that may be relevant to a pending judicial proceeding.
- Title IX Coordinator is the official designated by Luther College to ensure compliance with Title IX and the College’s Title IX program. References to the Coordinator throughout this policy may also encompass a designee of the Coordinator for specific tasks.
- Title IX Team refers to the Title IX Coordinator, any deputy Title IX coordinators, and any member of the Title IX Process including investigators, chairs, and those coordinating supportive measures.
Next: 02. Rationale for Policy