Policy and Procedure

Scope

This policy governs the conduct of Baylor University students, regardless of enrollment status; faculty; staff; and third parties (i.e., non-members of the University community, such as vendors, alumni/ae, and visitors).

Third parties are both protected by and subject to this policy. A third party may report potential policy violations committed by a member of the University community, and the University will take appropriate steps to investigate and respond. A third party who is accused of violating University policy may also be permanently barred from the University or subject to other restrictions for failing to comply with this policy.

This policy applies to conduct that occurs:

• on campus or University property;

• in the context of any University-related or sponsored education program or activity, regardless of the location (including travel, research, or internship programs);

• by a Baylor student, regardless of location, under the Student Conduct Code statement of General Expectations of Baylor Students;

• through the use of University-owned or provided technology resources; or

• when the conduct has a nexus to the University, such as continuing adverse effects or the creation or continuation of a hostile environment on campus.

For every report, the Title IX Coordinator will review the circumstances of the reported conduct to determine whether the University has jurisdiction. The University will, however, take reasonable action to support a complainant through interim remedial measures and will assist a complainant in identifying external reporting mechanisms.

Policy

Baylor University’s Sexual and Interpersonal Misconduct Policy prohibits sexual and gender-based harassment, sexual assault, sexual exploitation, stalking, intimate partner violence, and retaliation. All forms of prohibited conduct under this policy are regarded as serious University offenses; and violations result in discipline, with the possibility of separation from the University. Some forms of prohibited conduct may also violate state and federal laws, and criminal prosecution may occur independently of any disciplinary action imposed by the University.

This policy sets forth the procedures that will be used to investigate and respond to reports of prohibited conduct. The University will respond to reports about prohibited conduct with measures designed to eliminate the conduct, prevent its recurrence, and remedy any adverse effects of the conduct on individuals, members of the campus community, or University-related programs or activities. In addition, the University may impose interim restriction(s) prior to the conclusion of the investigation to provide a complainant with continued access to University programs and activities and protect individual and campus safety.

Procedures

Baylor University’s disciplinary resolution process is prompt, fair, and impartial. Investigators and review panel members are trained annually regarding the Sexual and Interpersonal Misconduct Policy which encompasses Title IX and the Violence Against Women Act (VAWA) topics.

As detailed in the Policy, the language of which controls in specific cases over the language of this summary, Baylor’s procedures for cases that fall within the scope of the Policy:

• provide the complainant and respondent with the same opportunities to have others present during any related meeting, including the opportunity to be accompanied, at the party’s expense, to any related meeting or proceeding by an advisor of their choice;

• provide for simultaneous notification, in writing, to both parties, the result of Baylor’s disciplinary proceedings, Baylor’s procedures for the complainant and the respondent to appeal/contest the result of institutional disciplinary procedures (if available) any change to the result before it becomes final, and when the result becomes final;

• are completed within reasonably prompt timeframes designated by Baylor’s policy, including a process that allows for the extension of timeframes for good cause with written notice to the complainant and the respondent of the delay and the reason for the delay;

• are conducted in a manner that is consistent with Baylor’s policies and transparent to the complainant and respondent; include timely notice of meetings at which the complainant and/or respondent may be present;

• provide timely and equal access to the complainant, the respondent, and appropriate officials any information that may be used during the process; and

• are conducted by officials who do not have a conflict of interest or bias for or against the complainant or the respondent.

Disclaimer: These key points are intended to provide a general overview of Baylor University’s Title IX process, which is governed by the Sexual and Interpersonal Misconduct Policy, in effect September 15, 2021.