Safety, Title lX, Complaints

Nondiscrimination/Anti-Harassment Policy

It is the policy of the University of St. Augustine for Health Sciences that each member of the University community be permitted to work or attend class in an environment free from any form of discrimination, including race, creed, color, age, disability, gender, marital status, national origin, veteran status, religion, sexual orientation, and sexual harassment, as prohibited by state and federal statutes. This policy applies to students, faculty, employees, and applicants for admission or employment.

For sexual discrimination concerns, refer to the Sexual Misconduct and Relationship Violence Prevention Policy in this handbook.

For disability discrimination concerns, refer to the Americans With Disabilities Act (ADA)  policy in this handbook.

For all other concerns under this policy, refer to the Complaints section in this handbook.

Security Policy

Reporting Emergency Situations and Security Concerns

Emergency situations involving a threat to life or property should be reported to the police (911) and communicated immediately thereafter to the University by calling 800-241-1027. The University of St. Augustine encourages all students, faculty, and staff to be involved in campus crime prevention.

For instances of rape/sexual misconduct, please see the Sexual Misconduct and Relationship Violence Prevention Policy in this Handbook.

If other types of improprieties occur, these should be reported immediately to the University by calling 800-241-1027. At that time, a report of the incident will be written and statements taken.

Emergency and Safety Procedures

The Emergency Operations Plan is available on the main website: https://www.usa.edu/safety-security/ 

Medical Emergency

Call 911 immediately and render first aid as able. Stay with the individual until emergency services arrive. When a student is injured, he or she should complete a Student Incident Report Form found on the myUSA portal Students tab, and file this form, together with any other forms required, with his or her health insurance provider. A copy of the report form should also be provided to the University via fax, 904-826-0085.

Structural Emergency

Upon hearing an alarm, students will follow the posted evacuation procedures, following exit signs that are displayed. Stay a safe distance from the building until emergency services arrive.

Weather Emergency

In the event of a weather emergency—such as a hurricane or tornado—students, faculty, and staff will be alerted of any campus cancellations or delays via email, text message, and phone calls to their cell phones. “All Clear” messages will alert the community when it is safe to return to campus.

Natural Disaster Emergency

In the event of a natural disaster—such as a wildfire or earthquake evacuation—students (and family members) are asked to monitor the University website for any cancellation or restart dates and times. Further information will be given by faculty and/or staff at the time of the emergency. Information about reopening will also be given via the University voice mail system by calling the main number: 800-241-1027.

Safety on Campus

Certain safeguards are in place to ensure as safe of an environment as possible. These safety features include the following:

• In case of an emergency, all students will be notified via the emergency communication system.
• Exterior building doors are locked and access is available only to those with appropriate card access.
• Talk-A-Phones are located throughout the parking lots and University grounds with emergency phones.
• A security guard is available on campus after 5:00 p.m. and designated weekends when the campus is open for student access.
• All faculty, staff, and students are expected to wear name tags at all times.
• All visitors must report to the administration building (or the security guard desk after hours) for permission to enter the campus, to receive a visitor’s badge, and to be escorted as appropriate by a campus employee/security guard.
• Emergency contacts and evacuation plans are posted in all classrooms and student/employee meeting areas. Telephones are available in all classrooms.
• To ensure your safety on campus, be personally responsible by
  • being alert to unsafe situations and reporting them immediately to University employees;
  • keeping the exterior doors closed and/or locked (do not prop open);
  • not allowing non-University individuals to enter the building with you;
  • reporting lost/stolen card access name badges immediately to the University receptionist;
  • not walking to your car alone in the dark. Use the “buddy system,” especially when you feel your personal safety may be threatened. Do not enter any situation or location where you feel threatened or unsafe; and
  • not leaving valuables in plain sight in your car. Lock these items in your trunk or remove them.

Unlawful and Controlled Substances Policy

It is unlawful for any person to sell, manufacture, deliver, or possess with intent to sell, manufacture, or deliver a controlled substance. Any person violating the provisions of respective state, county, or federal law may be guilty of a felony, or, in some cases, a misdemeanor of the first degree, and may be subject to punishment as provided in the municipal codes. This punishment can include imprisonment, fines, forfeiture of property, and, in some cases, loss of business licenses. It should be noted that under state sentencing guidelines, punishment may become successively more severe for second and third violations.

USAHS will impose sanctions on students and/or employees for violation of the standards of conduct consistent with local, state, and federal laws. Sanctions may include disciplinary action up to and including termination of employment, expulsion, and referral for prosecution.

Alcohol Policy

USAHS complies with appropriate state statutes and city ordinances dealing with the consumption of alcoholic beverages on USAHS premises and at any function in which USAHS’s name is involved. Students and their guests who consume any alcoholic beverage on campus or at an event sponsored by USAHS or any entity of USAHS must be at least 21 years of age and must be able to furnish proof of age at the event. USAHS and its agents reserve the right to refuse to serve alcoholic beverages to anyone who is visibly intoxicated or whose behavior, at the sole discretion of USAHS and its agents, warrants the refusal of service. Any individual who arrives at a USAHS function either on or off campus in a visibly intoxicated state may, at the sole discretion of USAHS or its agents, be denied entrance to the event.

Drug and Alcohol Counseling

Students who desire drug and alcohol abuse counseling should contact the Dean or Program Director so that a referral to the appropriate agency may be made. Students may also refer to the Drug and Alcohol Abuse Prevention Policy located on the myUSA portal, Student Services tab.

Tobacco Policy

USAHS is a smoke- and tobacco-free environment. Smoking is not permitted on any University campus. Smokeless tobacco and e-cigarettes are not permitted in any University building.

Prohibited Weapons Policy

The University of St. Augustine for Health Sciences desires to maintain a safe environment for all of its students, faculty members, staff members, contractors, and visitors. This policy seeks to reduce the risk of injury or death associated with the intentional or accidental use of weapons.

The possession, transfer, sale, or use of weapons, dangerous instruments, or paraphernalia associated with a weapon is prohibited on University premises. This includes those licensed to carry a weapon, except as provided by the law of the state in which the USAHS campus is located (please refer to local state law as these vary from state to state). This restriction includes, but is not limited to, University grounds, offices, classrooms, University-sponsored events, and vehicles being used to conduct University business. Possession of weapons is prohibited at all times while conducting University business. This policy applies to all students, faculty, and staff of the University, and violation may result in discipline up to and including termination of employment or expulsion. Where appropriate, University officials will report the transfer, sale, or use of weapons or dangerous instruments to local law enforcement authorities.

Definitions

The University prohibits any weapon, including:

• firearms (including concealed handguns and BB guns, whether loaded or unloaded);
• knives (including switchblades, stilettos, swords, etc.);
• police batons or nightsticks;
• all martial arts weapons;
• electronic defense weapons, except as provided by law; and
• any other dangerous instrument.

A “dangerous instrument” is defined as any instrument, article, or substance that, under immediate circumstances, is capable of causing death or physical injury. Any member of the campus community who has a question as to whether an instrument, article, or substance is considered a weapon in violation of this policy should ask for clarification from appropriate University officials (supervisors, academic department heads, etc.) prior to bringing the instrument, article, or substance on to University premises. Exceptions to the prohibited weapons policy must be approved beforehand by a representative of the President’s Office. Any weapon on University premises may be confiscated. There is no reasonable expectation of privacy with respect to weapons on campus, and desks, workstations, offices, lockers, bags, briefcases, files, etc. may be subject to reasonable security searches.

If you observe suspicious behavior, report this immediately to your supervisor, program director, or campus security.

Title IX and Sexual Misconduct Grievance Reporting Policy and Procedures

(Information updated 4/17/2019)

The United States Department of Education (DOE) mandates that institutions comply with specific requirements under Title IX of the Educational Amendments of 1972. Title IX is a federal civil rights law that prohibits discrimination on the basis of sex. University of St. Augustine for Health Sciences (USAHS) is committed to providing a safe educational and working environment for its students, faculty, staff, and other members of the university community.

USAHS believes that all members of the University community should be free from all acts of sexual misconduct, including sexual assault, sexual harassment and discrimination, sexual exploitation, relationship violence, and stalking. All members of the University community and all visitors, regardless of sex, gender, sexual orientation, gender identity, or gender expression are advised that any sexual misconduct by any student, employee, or third party is prohibited. Any attempt to commit sexual misconduct, or to assist or willfully encourage any such act, is a violation of this Policy. Sexual misconduct is contrary to the basic values of USAHS, which include promoting a sense of community, fostering learning, instilling integrity, and achieving excellence. USAHS is committed to providing for the prompt and equitable resolution of all complaints of sexual misconduct.

This policy applies to all complaints of sexual misconduct in USAHS’s education programs and activities. It prohibits conduct that: occurs on campus or other University property; occurs in connection with University educational programs or activities, whether on or off-campus; or otherwise affects the University community. This policy prohibits sexual misconduct by all third parties (including but not limited to visitors, guests, volunteers and contractors) on USAHS campuses and during university activities. It also applies to applicants for admission to, or employment with, USAHS.

Violations of this policy may result in disciplinary action up to and including removal from the University for students and termination of employment for faculty and staff. When used in this policy the term “complainant” refers to a person claiming that a violation of this policy occurred, and the term “respondent” refers to a person accused of violating this policy.

1. Definitions

Consent: Consent is defined at USAHS as a clear and unambiguous agreement expressed in mutually understandable words or actions to voluntarily engage in specific sexual or intimate activity or conduct. Conduct will be considered “without consent” if no clear affirmative consent, verbal or otherwise, is given. Consent is not present (1) if obtained through the use of force, threat, coercion, or intimidation; or (2) when an individual is incapacitated, such as by consumption of drugs or alcohol or being unconscious or asleep; or (3) if given by someone who is not able to effectively communicate or to understand the nature of the conduct being engaged in. Silence or an absence of resistance on the part of the individual does not imply or constitute consent. Past consent does not imply future consent. Consent can be withdrawn at any time. Consent to engage in sexual activity with one person does not imply consent to engage in sexual activity with another.

Relationship violence: Relationship violence means a violent act committed by a person who is or has been in a social relationship of a romantic nature or intimate nature with the complainant, as determined by the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. Relationship violence includes dating violence and domestic violence.

Retaliation: Retaliation means intimidating, threatening, coercing, or in any way discriminating against an individual because the individual made a report of a claim of sexual misconduct or participated in any way in the investigation or resolution of such a report or complaint, or exercised any right or responsibility under this Policy.

Sexual Discrimination: Sexual discrimination for the purpose of this policy is defined as including, but not limited to, treating individuals differently because of their gender or sexual orientation, in connection with the terms and conditions of employment or educational opportunities. Discrimination does not occur, however, when an individual is treated differently than another individual for legitimate reasons.

Sexual Assault: Sexual assault is non-consensual physical contact of a sexual nature. Sexual assault includes rape and any other acts using force, threat, intimidation, or coercion, or taking advantage of a victim’s inability to make reasoned decisions about sexual activity. This includes:

1. Non-Consensual Sexual Intercourse: Non-consensual sexual intercourse is any sexual intercourse, however slight, with any object, by one person upon another, which is without consent and/or by force. It includes vaginal penetration by a penis, object, tongue or finger, anal penetration by a penis, object, tongue, or finger, and oral copulation (mouth to genital contact or genital to mouth contact), no matter how slight the penetration or contact.
2. Non-Consensual Sexual Contact: Non-consensual sexual contact is any intentional sexual touching, however slight, with any object by a person upon another person that is without consent and/or by force, threat or intimidation. It includes intentional contact with the genitals, breasts, thighs, buttocks, anus, or groin, touching another with any of these body parts, or making another touch you or themselves with or on any of these body parts, any intentional bodily contact in a sexual manner, though not involving contact with/of/by genitals, breasts, thighs, buttock, anus, groin, mouth or other orifice. It also includes attempted non-consensual intercourse.
3. Statutory rape: Sexual intercourse with a person who is under the statutory age of consent in the applicable jurisdiction.

Sexual Exploitation: Sexual exploitation occurs when an individual takes non-consensual or abusive sexual advantage of another for his/her own advantage or benefit, or to benefit or advantage anyone other than the one being exploited. Examples include but are not limited to: invasion of sexual privacy, prostituting another student, non-consensual video or audio-taping or photography of sexual activity, distributing sexual or intimate information, images or recordings of another without that individual’s consent, going beyond the boundaries of consent (such as allowing friends to hide in the closet watching consensual sex), voyeurism, knowingly transmitting an STD or HIV to another student, exposing one’s genitals in non-consensual circumstances or inducing another to expose his/her genitals, and sexually-based bullying, including, but not limited to, through social media.

Sexual Harassment: Sexual harassment can include, but is not limited to, unwelcome sexual advances; requests for sexual favors; unwelcome physical contact of a sexual nature; e-mails containing inappropriate sexual content; obscene or harassing phone calls or jokes of a sexual nature; suggestive gestures, sounds, stares, or other verbal or physical conduct of a sexual nature when:

a. Submission to such conduct is made, either explicitly or implicitly, a term or condition of a student’s academic progress;

b. Submission to or rejection of such conduct by an individual is used as a basis for decisions affecting assessment of academic progress; or

c. Such conduct, by instructors, staff, or students, including between students, has the purpose or effect of interfering with academic performance or creating an intimidating, hostile, or offensive environment.

Sexual Misconduct: Sexual misconduct includes, but is not limited to, sexual discrimination, sexual exploitation, sexual harassment, sexual assault, relationship violence, and stalking. While USAHS may use different standards and definitions than state criminal codes, sexual misconduct often overlaps with crimes under applicable criminal codes.

Stalking: Stalking is engaging in a course of conduct that would cause a reasonable person to suffer substantial emotional distress or to fear for his or her safety or the safety of others. A course of conduct means two or more acts in which a person follows, monitors, observes, surveils, communicates with another person, threatens, intimidates or communicates with or about another person, or vandalizes another person’s property.

2. Reporting Violations of This Policy

Students, faculty, or staff members who believe that they are a victim of sexual misconduct should contact the Title IX Coordinator. The Title IX Coordinator is responsible for receiving and processing, in a timely manner, reports from students, faculty, staff, and administrators regarding rights and responsibilities concerning sexual misconduct in violation of Title IX.

Any questions or complaints regarding Title IX may be referred to USAHS’s Title IX Coordinator and Title IX Coordinators or to the Department of Education’s Office of Civil Rights – Regional Division Offices listed below.

Filing a Criminal Complaint: Students, faculty, and staff members have the right to file both a criminal complaint and a Title IX complaint simultaneously.

To file a criminal complaint please contact the local police department for your campus listed below.

USAHS’s Florida Campuses

USAHS California Campus

USAHS Texas Campuses

Students, faculty, and staff members must report an incident of alleged discrimination to a “Responsible Employee.” For the purposes of this policy, the “Responsible Employees” are the Title IX Coordinator, the Title IX Coordinator’s designee, the Executive Director for Student Administration, and the Program Director. For complaints where both the complainant and respondent are employees, “Responsible Employees” is the Human Resources Campus Manager.

USAHS takes all reports of sexual misconduct seriously and, upon receiving notice of any alleged violation of this policy, shall take immediate steps to conduct a thorough, prompt, and appropriate investigation of the complaint.

A complainant who contacts the Title IX Coordinator or Responsible Employee with an allegation of Sexual Misconduct will be notified of his or her right to confidentiality and his or her right to remain anonymous and how that may affect USAHS’s ability to conduct an investigation. Please note that there are certain situations where the University may not be able to guarantee confidentiality or anonymity. If the complainant wishes to move forward with the process, he or she will be asked a series of questions to provide information. If the complainant prefers, he or she may complete the information from the form and submit it to the Title IX Coordinator. The Sexual Misconduct or Discrimination Complaint Incident Report is available from the Title IX Coordinator or by downloading at https://www.usa.edu/safety-security/. In certain circumstances, it may be necessary for the complaint to go forward even if the complainant does not consent to that course of action.

USAHS strongly supports the complainant’s right to confidentiality in cases involving sexual misconduct. All members of the USAHS community have the right to ask that their names not be disclosed to the alleged perpetrators. However, there are limited situations in which the university must override a complainant’s (person alleging sexual misconduct, sexual harassment or sexual discrimination) request for confidentiality in order to meet the institution’s legal obligations under Title IX (for example, one individual’s safety or the safety of others). In these situations, the information will only be shared with individuals who are responsible for handling the University’s response to incidents of sexual violence. Given the sensitive nature of reports of sexual violence, the University shall ensure that the information is maintained in a secure manner. If the complainant requests that his or her name not be revealed to the alleged perpetrator or if complainant asks the university not to investigate or seek action against the alleged perpetrator, USAHS will be limited in its ability to respond fully to the incident, including taking disciplinary action against the alleged perpetrator. If the complainant still requests that his or her name not be disclosed to the alleged perpetrator, or that the university not investigate or seek action against the alleges perpetrator, the Title IX Coordinator will need to determine whether or not the institution can honor such a request while providing a safe and nondiscriminatory environment for all students, faculty, and staff.

3. Determination of interim measures

Upon notification of an incident of sexual misconduct, USAHS shall take steps to ensure equal access to its education programs and activities and protect the complainant as necessary, including taking interim measures before the final outcome of an investigation. These measures are designed to protect the Complainant and provide the Complainant with options to avoid contact with the alleged perpetrator. These measures may include a change in academic activities, living, transportation, dining, and working situation as appropriate. After the initial report of alleged sexual misconduct, possible immediate interim suspension can be invoked on the accused (“Respondent”) if there is a reasonable cause to believe the Respondent’s behavior is of such a nature as to pose a threat of harm or injury to the Complainant or any other member of the campus community. The Title IX Coordinator shall work with the Complainant to determine what, if any, interim measures shall be implemented.

4. Student Amnesty Policy and Bystander Intervention

USAHS encourages the reporting of sexual misconduct. Sometimes, students may be reluctant to come forward and report an incident of sexual misconduct, or serve as a witness, because they are concerned that they may be charged with violating other campus polices, such as USAHS’s alcohol or drug policy. In order to encourage reporting of sexual misconduct, students who report an incident of sexual misconduct, or who serve as witnesses to an incident of sexual misconduct, will not face disciplinary sanctions for their own personal consumption of drugs or alcohol related to the incident as long as any such violations did not place the health or safety of any other person at risk.

5. Advisors

For complaints of sexual misconduct where the complainant or respondent is a student, the complainant and the respondent may be accompanied throughout the investigation and appeal process by an advisor of their choice. Advisors should be from the University community, unless otherwise approved, and must agree to keep the matter confidential. However, the advisor may not be a witness or possible witness in the case, a person involved in the University’s disciplinary process, or a complainant or a respondent in the case. The purpose of the advisor is to provide advice to the student in a manner that is not disruptive to the proceedings. The advisor may accompany the party to any meeting or hearing held pursuant to this policy. The advisor may not provide verbal, written, or other input during the investigation or appeal process other than to the student being advised; the advisor may not speak on the party’s behalf or otherwise participate or address or question the investigator, Resolution Officer, or other parties or witnesses.

6. Informal Resolution

If the complainant and respondent agree, certain cases may be resolved informally, including through mediation in appropriate cases. Cases involving allegations of sexual assault are not suitable for mediation. The Title IX Coordinator may also determine that informal resolution is not appropriate based on the facts and circumstances of the particular case. All informal resolutions will be conducted or overseen by the Title IX Coordinator or designee. Under no circumstances will a complainant be required to resolve a matter directly with the respondent.

If both parties are satisfied with a proposed informal resolution, and the Title IX Coordinator considers the resolution to satisfy USAHS’s obligations to provide a safe and non-discriminatory environment, the resolution will be implemented and the informal resolution process will be concluded. If informal resolution does not resolve the matter, the resolution process will proceed to formal investigation. At any point in the process, either the complainant or the respondent may elect to end the informal process in favor of proceeding with a formal investigation.

7. Investigations

If informal resolution is inappropriate, unsuccessful, or not desired by the complainant and the respondent, a formal investigation will be conducted. The investigation of a report of sexual misconduct will begin promptly. Notice will be provided simultaneously to the complainant and the respondent in writing that a complaint has been received by USAHS and will be investigated under this policy. The notice shall specify any interim measures that have been implemented.

USAHS shall determine, given the circumstances surrounding the complaint, the proper party to conduct the investigation. The proper party may or may not be the Title IX Coordinator, and shall be the person best able to conduct an impartial and fair review of the complaint. The investigation will normally include interviewing the complainant(s), respondent(s), witnesses, and other relevant parties and will include a review of any relevant documents and other information. It may include reviewing law enforcement investigation documents (if applicable) and reviewing student and personnel files. Both the complainant and the respondent may provide the investigator(s) with the names of witnesses, documents, and other information. The investigator(s) will exercise their discretion in deciding which individuals identified as witnesses during the investigation should be interviewed and which documents or other information should be reviewed. The interviews, meetings, and other proceedings are not recorded by USAHS and may not be recorded by others. The complainant and the respondent are afforded equal procedural rights during the investigation. No expert witnesses shall be permitted.

The complainant’s prior sexual relationships or conduct are neither relevant nor admissible during the investigation and will not be considered, other than the prior sexual relationship or conduct with the respondent if the respondent alleges consent. The fact that a complainant may currently have or had in the past a dating or sexual relationship with the respondent that was consensual is not sufficient by itself to constitute consent and does not preclude a determination that sexual misconduct occurred.

At any time prior to or during an investigation, the respondent may accept responsibility for some or all of the alleged violations. The matter will then proceed to the sanctioning phase and any appeal of the sanctioning decision.

8. Preparation of Investigation Report

Upon completion of the investigation, the investigator(s) will prepare a report summarizing the interviews conducted and the evidence reviewed. The report will include the investigator’s finding of fact, an assessment of the credibility of the parties and witnesses when appropriate, and a recommended determination as to whether a violation of this Policy has occurred. In reaching this conclusion, the investigator shall use the preponderance of evidence standard.

9. Resolution Procedures

Cases involving allegations of employee violations

If the Respondent is a non-student employee, the Title IX Coordinator or designee will report his or her findings to University Human Resources and Leadership. If Leadership determines, based on the contents of the report, that no violation of University Policy has occurred, the incident will be closed.

If Leadership determines, based on the contents of the report that a violation of University Policy has or may have occurred, University Leadership will determine an appropriate resolution including remedial and/or disciplinary action up to and including termination of the employee. University Leadership will determine if a hearing is appropriate prior to the determination of the sanctions based on the particular facts presented, including but not limited to the identity of the complainant (student or employee), the nature and/or severity of the offense, and the evidence presented by the investigative report. Resolution, sanctions and appeals will be governed by the procedures in University’s personnel policies or Faculty Handbook, if applicable, in accordance with the requirements of Title IX.

Cases involving allegations of student violations

Sexual misconduct complaints involving student respondents will be governed by the following process. Upon the completion of the investigation, the Title IX Coordinator shall present the investigative report to University leadership which may include, as appropriate, the Executive Director for Student Administration or the Chief Academic Officer. The individual or individuals charged with making a determination as to the resolution of the complaint, and sanction, and any remedies for the complainant shall be referred to herein as the “Resolution Officer,” although more than one individual may be charged with resolving the complaint. The Resolution Officer shall then determine the appropriate resolution to the complaint, considering factors including but not limited to the identity of the complainant (student or employee), the nature and/or severity of the offense, and the evidence presented by the investigative report. The Resolution Officer shall determine whether any hearing is appropriate prior to imposition of any sanction. Generally, a hearing will be provided if the probable sanction to be imposed is suspension or expulsion if the respondent is a student, or termination of employment if the respondent is an employee.

The Resolution Officer shall provide written notice to both the complainant and the respondent of the process to be used to resolve the complaint. If no hearing is to be held, both complainant and respondent may make a written submission to the Resolution Officer if they choose. If a hearing is held, the proceedings shall be closed. The complainant and respondent and their respective advisors may be present for all or any portion of the hearing. Either the complainant or respondent may request, or be asked, to hear or view the proceedings via audio or video transmission from a separate room. Any witnesses may only be present in the hearing room when being questioned by the Resolution Officer.

Neither party shall be permitted to ask questions at the hearing, although either party may submit to the Resolution Officer requested questions for the other party or witnesses. It shall be in the discretion of the Resolution Officer whether or not to ask the submitted questions, in whole or in part.

The Resolution Officer shall provide both parties with written notice of its findings and the reasons for such findings. The Resolution Officer shall use the preponderance of evidence standard in making his or her findings. If a violation of this Policy is found, the notice shall provide the sanctions to the respondent and to the complainant, as appropriate under Title IX.

The notice shall set forth either party’s right to appeal, the identity of the Appeal Officer, and the process and time limit for such an appeal.

In addition to discipline against the respondent, resolutions may include remedies for the complainant, which may include steps such as reassignment of a course section or residency, counseling services, medical services, academic support services, or changes to the school’s overall services or policies, including altering withdrawal penalties within courses. Any remedies offered would be separate from, and in addition to, any interim measure that may have been provided prior to the conclusion of any investigation. Resolutions may also include remedies for the broader University population, such as training or changes to policies or services.

10. Appeals

Appeals for sexual misconduct complaints involving non-student employee respondents will be governed by the procedures in University personnel policies or Faculty Handbook, as applicable. If any right of appeal is granted through those policies, both the complainant and the respondent shall have equal rights of appeal.

In cases involving student respondents, both parties have the right to appeal the Resolution Officer’s finding of responsibility and/or imposition of sanctions. Any appeal must be filed in writing within five (5) days from the notice of resolution. The University will determine the appropriate individual in University leadership to hear any appeal (“Appeal Officer”), depending on the circumstances of the case, including the identity of the respondent. There is a presumption that the decision, and any sanction or discipline, was made properly, and the Appeal Officer may not substitute his or her judgment for that of the Resolution Officer. The sole grounds for appeal are: (1) a procedural error that substantially impacted the determination or sanction; (2) new information that was not available at the time of the investigation or hearing and that could reasonably have had had a substantial impact on the determination or sanction; and (3) excessiveness or insufficiency of the sanction. The sanction may be increased only if the complainant appeals on the ground that the sanction was insufficient, and may only be decreased if the respondent appeals on the ground that the sanction was excessive.

The Appeal Officer shall give both parties timely notice of the receipt of an appeal. Both parties shall be provided the opportunity to make a written submission to the Appeal Officer. The Appeal Officer shall be limited to the record below, including any information that was part of the investigation or the resolution hearing. The Appeal Officer shall not conduct another hearing but may conduct interviews with the complainant, respondent, or witnesses in his or her discretion. The party appealing shall have the burden of proof in any appeal. The Appeal Officer shall use the preponderance of evidence standard in the determination of any appeal.

The Appeal Officer shall give written notice to both parties of the outcome of the appeal and the reasons for his or her decision. The decision of the Appeal Officer is final.

Retaliation: Title IX includes protections against retaliation. The University of St. Augustine will take immediate and appropriate steps to investigate or otherwise determine if retaliation due to the reporting of sexual misconduct or discrimination occurs.

Training: All individuals with responsibilities under this Policy shall have appropriate training in this Policy and in the requirements of Title IX and related laws. Training shall include training relating to sexual misconduct, including sexual assault, relationship violence, and stalking as defined in this Policy.

Time Frames for Process: While each situation is different and there can be no way to determine how long an investigation will take, the Title IX Coordinator shall use her best efforts to reach resolution within 60 days from the time the complaint is reported to notice of resolution, exclusive of any appeals.

Sources of Counseling, Advocacy, and Support: Victims of Sexual Misconduct can receive assistance immediately by calling the local police department (911, if emergency) and local counseling resources listed by campus below. USAHS employees may contact the Employee Assistance Program (EAP) by contacting Compsych Guidance Resources at 800-697-0353 or online at www.guidanceresources.com (user name: USAEAP).  EAP is a free, “Confidential Resource” at USAHS, which means that all conversations will remain confidential and will not initiate any type of investigation into the incident. Sexual assault reports must be made by contacting the University’s Title IX Coordinator or Coordinators, who are the appropriate University Officials for receiving reports of sexual assault. USAHS students can contact the following off-campus resources for counseling services: The National Domestic Violence Hotline, 1-800-799-SAFE (7233), or 1-800-787-3224 (TTY). For students at the USAHS Florida Campuses: The Betty Griffin House 24-hour crisis hotlines, Telephone: (904) 824-1555.

For students at the USAHS California Campus: North County Family Violence Center Prevention Services, 330 Rancheros Dr. San Marcos, CA, Telephone: (760) 798-2835. For students at the USAHS Austin, Texas Campus: Victim Services Resources: 24-hour crisis hotlines, Telephone: (512) 472-4357. For students at the USAHS Dallas, Texas Campus:  Dallas Area Rape Crisis Center (DARC-C), Telephone:  (972) 641-7273.

Additional Resources:

Sexual Misconduct or Discrimination Complaint Incident Report

Statement of Rights

Complaints

The University of St. Augustine is committed to providing a learning and working environment in which complaints are addressed fairly and resolved promptly. All complaints are taken seriously. The procedure for handling complaints encourages informal conciliation, facilitates early resolution, and maintains individual privacy and confidentiality.

This policy covers general types of complaints.

This policy does not cover complaints about incidents related to harassment. Complaints of this nature should be directed to the Director of Human Resources. Students with complaints regarding Sexual Misconduct should refer to the Title IX and Sexual Misconduct Grievance Reporting Policy and Procedures in this handbook.

Student Complaints

• Types of Student Complaints
  Students should utilize the following procedure for complaints about service, support, or assistance provided by academic, administrative, or support departments of the University. Student complaints include academic issues such as instruction methodology, grading, testing, assignments, or nonacademic matters such as IT support, University services, facilities, policies, financial matters, etc. The following procedure is not for complaints regarding academic or nonacademic appeals policies and procedures. Please refer to the Academic Evaluation and Right of Appeal section of this Handbook for information on the appeals processes.
• Confidentiality
  All information submitted as part of a student complaint will be treated as confidential and will only be available to the appropriate/involved parties. The student should also respect the need for confidentiality throughout the complaint process. A student who submits a complaint should be aware that complete confidentiality cannot always be guaranteed if effective action is to be taken. Where a complaint is in reference to a specific individual, the complaint cannot be investigated if the student does not wish the allegation to be made known to that individual. Anonymous complaints will not be considered.
• USAHS will provide for the Student Services Director or a designee, not directly involved in the area of the complaint, who will serve as in impartial representative of the institution in the complaint process.
• No adverse action will be taken against a complainant as the result of the submission of a complaint through the USAHS complaint procedure.
• Student Complaints Procedures
  A student should discuss his or her concerns with the person(s) who is directly responsible (course instructor, staff member, etc.) in order to resolve the issue. Depending on the severity of the issue, a written record may or may not be drafted and placed in the student’s permanent record.
  1. If the complaint cannot be resolved to the satisfaction of the student, the student should discuss the issue with his or her Program Director. The Program Director will consider the complaint and attempt to bring the issue to a satisfactory resolution.
     1. In certain situations, the Program Director may refer the complaint to an appropriate University committee. The respective committee will consider the complaint and provide a written recommendation to the Program Director.
     2. The Program Director will consider the committee recommendation and notify the student in writing of the decision.
     3. Written documentation regarding the resolution will be placed in the student’s file and maintained for 6 years past the student’s last date of attendance.
  2. After following the steps above, the student may submit a formal written complaint to the Grievance Committee.
     1. The complaint will be investigated by the Grievance Committee and a written response will be provided to the student.
     2. The original written complaint, a copy of the response, and a description of any actions taken as a result of the complaint will be maintained on file for 6 years past the student’s last date of attendance.

Unresolved Complaints

If a complaint cannot be resolved after following the procedures above, the following agencies can be contacted directly. This information will be posted and kept current on the University website.

• WASC Senior College and University Commission (WSCUC)
  • Complaints may be filed with the University’s institutional accrediting body by contacting the WSCUC at http://www.wascsenior.org/comments by reviewing the Policy on Complaints and Third-Party Comments to ascertain the appropriate means to communicate comments and complaints.
• Commission on Accreditation in Physical Therapy Education (CAPTE)
  • Complaints about the Physical Therapy program can be submitted to CAPTE by requesting the Procedures for Handling Complaints about an Accredited or Developing Physical Therapy Program.
  • This document can be obtained by writing to CAPTE at 1111 N. Fairfax Street, Alexandria, VA 22314, by telephone 703-706-3245, or visit http://www.capteonline.org/Complaints/.
• American Occupational Therapy Association (AOTA)
  • Complaints against the Occupational Therapy program must be submitted in writing to the ACOTE Chairperson, c/o the AOTA Accreditation Department. The complaint must be submitted as an attachment to an e-mail addressed to accred@aota.org and must include a signed complaint form, “Complaint Against a Program Subject to ACOTE Accreditation.” This form can be accessed at www.aota.org/-/media/Corporate/Files/EducationCareers/Accredit/Policies/Procedures/VB1%20Complaint%20FormProgram.doc
  • For more information on this process please visit https://www.aota.org/Education-Careers/Accreditation/Policies.aspx and review Complaints Against Education Programs.
• American Speech-Language Hearing Association
  • Council on Academic Accreditation in Audiology and Speech-Language Pathology: In addition to opportunities for providing public comment regarding a program’s accreditation status, the CAA has separate procedures for filing a formal complaint about a CAA-accredited program or one seeking a CAA accreditation status. Individuals who wish to file a formal complaint should contact the Accreditation Office to obtain a copy of the complaint procedures or refer to the Procedures for Complaints Against Graduate Education Programs on the CAA website.
• Commission on Collegiate Nursing Education
  • Complaints may be directed to the “CCNE Complaints Administrator” and sent to the CCNE office at 655 K Street NW, Suite 750, Washington, DC 20001.
• U.S. Department of Education
  • Complaints about discrimination based on race, color, national origin, sex, age, or disability are handled by the Office for Civil Rights.
    • For more information on this process please visit https://www2.ed.gov/about/offices/list/ocr/complaintintro.html.
• In California
  • A student or any member of the public may file a complaint about this institution with the Bureau for Private Postsecondary Education by calling 888-370-7589 or by completing a complaint form at http://www.bppe.ca.gov/enforcement/complaint.shtml.
• In Florida
  • For information on the Commission for Independent Education’s complaint process go to http://www.fldoe.org/cie/complaint.asp or contact the Commission for Independent Education, Florida Department of Education at 325 West Gaines Street, Suite 1414, Tallahassee, FL 32399, (toll free number) 888-224-6684.
• In Texas
  • For more information on making a complaint to the Texas Higher Education Coordinating Board go to http://www.thecb.state.tx.us/index.cfm?objectid=989FE9A0-2213-11E8-BC500050560100A9 Title 19 of the Texas Administrative Code, Sections 1.110-1.120 governs the rules for student complaints: https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=T&app=9&p_dir=P&p_rloc=164570&p_tloc=&p_ploc=1&pg=7&p_tac=&ti=19&pt=1&ch=1&rl=116.
• Additional States

In District of Columbia contact the District of Columbia Higher Education Licensure Commission,1050 First St., NE, Fifth Floor, Washington, DC 20002, (202) 727-6436, https://osse.dc.gov/service/higher-education-licensure-commission-helc-public-complaints

• In Georgia contact the Georgia Nonpublic Postsecondary Education Commission’s complaint process go to https://gnpec.org/gnpec-authorized-school-complainant-form/.
• In Iowa contact the Iowa College Student Aid Commission, 475 SW Fifth Street, Suite D, Des Moines, IA 50309, (877) 272-4456 Student Dispute Resolution Form https://www.iowacollegeaid.gov/sdrf-start
• In Maryland contact the Maryland Attorney General, Consumer Protection Division, 200 St. Paul St., Baltimore, MD 21202, 410-528-8662/888-743-0823 (toll free)
• In New Mexico contact the New Mexico Higher Education Department, 2044 Galisteo Street, Suite 4, Santa Fe, NM 87505-2100, http://www.hed.state.nm.us/institutions/complaints.aspx.
• In Utah contact the Utah Division of Consumer Protection, 160 East 300 South, 2nd Floor, PO Box 146704, Salt Lake City, UT 84114-6704, http://www.dcp.utah.gov/complaints/index.html Students can file a complaint at any time with the Utah Division of Consumer Protection. 

• The Tennessee Higher Education Commission requires that all students know of their rights in a grievance situation, including contacting the Tennessee Higher Education Commission, Nashville, TN 37243-0830, 1-615-741-5293, if grievances are not resolved at the institutional level.

The University of St. Augustine has taken the necessary steps to apply and/or receive authorization to deliver education, to market, and to affiliate with clinical education sites in all fifty (50) states. For information on a specific state, or to file a complaint go to: https://www.usa.edu/legal/complaints/