Title IX

Policy & Procedures

Discrimination, Harassment and Sexual Misconduct Policy

Statement of Policy

Christopher Newport University (CNU) is committed to providing an environment that emphasizes the dignity and worth of every member of its community and that is free from harassment and discrimination in admission, employment, and education programs or activities based on race, color, religion, sex, national origin, age, disability, genetic information, sexual orientation, gender identity, marital status, military/veteran status, political affiliation, pregnancy, or any other status protected by law.

Such an environment is necessary to a healthy learning, working, and living atmosphere because discrimination and harassment undermine human dignity and the positive connection among everyone on campus. In pursuit of this goal, any question of impermissible discrimination and/or harassment on these bases will be addressed with efficiency and energy in accordance with this policy. This policy also addresses any reports of retaliation against individuals who under this policy have filed reports, have testified or otherwise participated in investigations or proceedings, or have intervened to prevent a violation of this policy.

CNU, an Equal Opportunity Employer, is fully committed to Access and Opportunity for all persons.

This policy prohibits specific forms of behavior as required by Title IX of the Education Amendments of 1972 (“Title IX”), the Americans with Disabilities Act of 1990, as amended; Section 504 of the Rehabilitation Act of 1973, Titles VI and VII of the Civil Rights Act of 1964; the Age Discrimination Act of 1975; the Genetic Information Nondiscrimination Act of 2008; the Virginia Human Rights Act; and other applicable state and/or federal laws. This policy also includes certain obligations that CNU must fulfill under the Violence Against Women Reauthorization Act of 2013 (“VAWA”) and the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (“Clery Act”).

Prohibited Conduct includes the following behavior as defined in Section D: Discrimination, Harassment, Sexual Misconduct (Non-Title IX Sexual Harassment, Title IX Sexual Harassment, Sexual Assault, Sexual Exploitation, Dating Violence, Domestic Violence, Stalking), Complicity, and Retaliation.

Statement of Purpose

The purpose of this policy is to establish clearly and unequivocally that CNU prohibits discrimination, harassment, sexual misconduct, and retaliation by individuals subject to its control or supervision and to set forth procedures by which such allegations shall be reported, investigated, and adjudicated.

The purpose of the procedures is to provide a prompt, fair, and impartial resolution of reports of discrimination and/or harassment based on race, color, religion, sex, national origin, age, disability, genetic information, sexual orientation, gender identity, marital status, military/veteran status, political affiliation, pregnancy, or any other status protected by law. The procedures also address any reports of retaliation against individuals who under this policy have filed reports, have testified or otherwise participated in investigations or proceedings, or have intervened to prevent a violation of this policy.

This policy also provides for full and fair notice to anyone accused of conduct in violation of it, including all allegations, and evidence and a full and fair opportunity to respond to such allegations and evidence.

Scope and Applicability

This policy and related procedures apply to on-campus Prohibited Conduct involving all students, employees, and Third Parties (i.e. volunteers, visitors to campus including, but not limited to, students participating in camp programs, non-degree-seeking students, exchange students, and other individuals taking courses or participating in programs at CNU, and contractors working on campus who are not CNU employees).

This policy and related procedures apply to off-campus Prohibited Conduct at CNU-sponsored programs or activities involving all students, employees, and Third Parties. This policy and related procedures are also applicable to any conduct occurring off-campus if it may have continuing effects that create a hostile environment on-campus.

This policy contains two separate procedures:

• Process A applies to reports of Title IX Sexual Harassment (including Sexual Assault, Dating Violence, Domestic Violence, and Stalking) involving students and employees when the Prohibited Conduct:
  • Occurs within the United States; and
  • Occurs within CNU’s education program and activity meaning 1) locations, events, or circumstances over which CNU exercises substantial control over both the Respondent and the context in which the Prohibited Conduct occurs and 2) any building owned or controlled by a student organization that is officially recognized by CNU); and
  • At the time of filing a Formal Complaint, a Complainant is participating in or attempting to participate in CNU’s education program or activity.
• Process B applies to reports of (1) when jurisdiction does not fall within Process A, as determined by the Director, (2) Non-Title IX Sexual Harassment, and (3) all other reports of Prohibited Conduct.

Allegations of either on-campus or off-campus violations of this policy should be reported to the Director’s Office as stated in Section K. The Director will determine if the allegations are subject to resolution using the procedures in this policy.

Employees or students who violate this policy may face disciplinary action up to and including termination or dismissal. Third parties who violate this policy may be permanently barred from CNU property, from CNU programs, services or activities, or may be subject to other restrictions. CNU’s ability to take appropriate corrective action against a Third Party will be determined by the nature of the relationship of the Third Party to CNU.

This policy applies to all reports of Prohibited Conduct received on or after the effective date of this policy. Where the date of the alleged incident precedes the effective date of this policy, the definitions used in the policy in existence at the time of the alleged incident(s) will be used. However, the procedures established under this policy will be used to address, investigate, and/or resolve all reports of Prohibited Conduct made on or after the effective date of this policy, regardless of when the incident(s) occurred.

Complainant refers to any individual who may have been a victim of a violation covered under this policy regardless of whether the Complainant makes a report or seeks action under this policy. Respondent refers to any individual who has been reported to be the perpetrator of conduct that could constitute a policy violation. Parties refers to the Complainant and the Respondent, collectively. Report refers to the process of giving a spoken or written account of a possible violation under this policy, either witnessed or experienced. Formal Complaint refers to a document filed or signed by a Complainant or signed by the Director alleging a violation of Title IX Sexual Harassment under this policy under Process A against a Respondent and requesting that CNU investigate the allegation(s). A Formal Complaint filed by a Complainant must contain a physical or digital signature or otherwise indicate that the Complainant is the person filing the Formal Complaint. Student refers to any individual who has accepted an offer of admission; any individual registered or enrolled in courses through CNU; any individual who withdrew after allegedly violating any CNU policy; any individual not enrolled for a particular term but who has not officially separated from CNU; and any individual who is separated from CNU for academic or discipline reasons regardless of the duration of the separation.  However, if an individual’s enrollment lapses for more than twelve consecutive months, based on that individual’s voluntary decision not to enroll, that individual will no longer be considered a Student for purposes of this policy.