Sexual Misconduct Policy

Scope of Policy

This Sexual Misconduct policy covers complaints of alleged sexual misconduct by University students. If you or someone you know may be a victim of sexual misconduct by students or a member of the University faculty or staff, you may report such misconduct or file a complaint with the University's Title IX Coordinator, Sharrell McCaskill, by email at sharrell.mccaskill@gallaudet.edu, by phone at 202-651-5462 or in person at College Hall, Room 312. Additional resources that may be contacted are listed in the "Reporting Sexual Misconduct" section.

Personal Jurisdiction

Any member of the University community may file a complaint of sexual misconduct against an University student under this policy. For purpose of determining personal jurisdiction, an "University student" means all persons taking courses at Gallaudet University, either full-time or part-time, pursuing undergraduate, graduate, or professional studies, persons who withdraw or graduate after allegedly violating the Student Code of Conduct, who are not officially enrolled for a particular term but who have a continuing relationship with Gallaudet University and/or are persons who are living in Gallaudet University residence halls and Kendall apartments, although not enrolled in this institution. A member of the University community includes any person who is a student, staff, faculty member, University official, or any other person employed by Gallaudet University.

Geographical Jurisdiction

This sexual misconduct policy applies to any allegation of sexual misconduct against a University student, regardless of where the alleged sexual misconduct occurred. Although there is no geographical limitation to invoking this policy, sexual misconduct that is alleged to have occurred at a significant distance from the University may be more difficult to investigate.

Timing of Complaints and Availability of Procedures

So long as there is personal jurisdiction over the accused student, there is no time limit to invoking this policy in response to complaints of sexual misconduct. Nevertheless, students are encouraged to report alleged sexual misconduct immediately in order to assist the students with getting assistance and support on and off campus as well as to conduct a thorough, impartial and reliable investigation. Failure to promptly report an alleged sexual misconduct incident may result in the loss of relevant information, including information from witnesses, and may impair the University's ability to enforce this policy.

Related Criminal Proceedings

Because sexual misconduct may constitute both a violation of University policy and criminal activity, the University encourages students to report alleged sexual misconduct promptly to local law enforcement agencies. Criminal investigations may be useful in the gathering of relevant evidence, particularly forensic evidence. Because the standards for finding a violation of criminal law are different from the standards of finding a violation of this policy, criminal investigations or reports are not determinative of whether sexual misconduct, for purposes of this policy, has occurred. In other words, conduct may constitute sexual misconduct under this policy even if law enforcement agencies lack sufficient evidence of a crime and therefore decline to prosecute.

The filing of a complaint of sexual misconduct under this policy is independent of any criminal investigation or proceeding; the University will not wait for the conclusion of any criminal investigation or proceedings to commence its own investigation and will take interim measures to protect the complainant and the community, if necessary.

Retaliation

Gallaudet University strictly prohibits retaliation against any person(s) for reporting, filing, testifying, assisting or participating in any manner in any investigation or proceeding involving allegations of sexual misconduct. For these purposes, "retaliation" includes intimidation, threats, harassment, and other adverse action threatened or taken against any such complainant or third party. Any person who violates this retaliation policy will be subject to discipline and sanctions through the appropriate disciplinary or grievance procedures.

False Reports

Gallaudet University will not tolerate intentional false reporting of incidents. It is a violation of the Student Code of Conduct to furnish false information to any University official, of any policy violation including sexual misconduct.

University as Complainant

As necessary, Gallaudet University reserves the right to initiate a complaint, to serve as complainant, and to initiate informal or formal resolution without the formal complaint by the complainant of misconduct.

Third Party Reports

In cases where a sexual misconduct incident is reported to the Title IX Coordinator (or other University sources) by a third party, the complainant will be notified by the Title IX Coordinator that a report has been received. The Title IX Coordinator will contact the complainant to discuss his/her options and resources available on- and off-campus.