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Title IX Program FAQs

Does information about a Title IX complaint (this includes sexual harassment and sexual misconduct) remain confidential?

The confidentiality of all parties to a complaint of sexual harassment or sexual misconduct must be respected, insofar as it does not interfere with the University’s obligation to fully investigate allegations of sexual harassment or sexual misconduct. Where confidentiality is not strictly kept, it will still be tightly controlled on a need-to-know basis. Dissemination of information and/or written materials to people not involved in the complaint procedure is not permitted. Violations of the privacy of the Complainant (the person who reports having been targeted by sexual misconduct) or the Respondent (the person who is alleged to be responsible for sexual misconduct) may lead to disciplinary action by the University.

In all complaints of sexual harassment and sexual misconduct, all parties will be informed of the outcome. In some instances, the University may choose to make a brief public announcement of the nature of the violation and the action taken, without using the name or identifiable information of the complainant. Certain University administrators are informed of the outcome within the bounds of student privacy (e.g., the Dean, Title IX Coordinator, legal counsel). If there is a report of alleged sexual misconduct (such as, sexual assault) to the University, local police will be notified if the Complainant consents. This does not mean charges will be automatically filed or that a Complainant must speak with the police. The University also must statistically report the occurrence on campus of certain crimes, including sex offenses, in an annual report of campus crime statistics defined under the “Clery Act” (Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act). This statistical report does not include personally identifiable information.

 

If I have filed a complaint, who can I contact for counseling/mental health care or advocacy/support?
Students and Employees

San Bernardino Sexual Assault Services (Local Rape Crisis Center)
Free confidential advice and counseling available 24 hours, 7 days a week
(909) 885-8884

 

Riverside Area Rape Crisis Center

(Local Rape Crisis Center)
Free confidential advice and counseling available 24 hours, 7 days a week
(951) 686-7273

Project Sister Advocates & Counselors (Local Rape Crisis Center) Free confidential advice and counseling available 24 hours, 7 days a week
(909) 626-HELP (909-626-4357)

House of Ruth (Domestic and Dating Violence Crisis Center) Free confidential advice and counseling available 24 hours, 7 days a week
(877) 988-5559 (toll-free hotline)
(909) 623-4364 (Pomona Outreach Office)

RAINN Advocates & Counselors (National Sexual Assault Crisis Center) Free confidential advice and counseling available 24 hours, 7 days a week
(800) 656-HOPE (800-656-4673)
Hotline Assistance

Students (Off-campus Resource)

Student Assitance Plan (SAP) ) is offered through an outside agency that provides professional counseling and legal assistance for CUSM students.
This service is available 24 hours a day, 7 days a week.
Phone: (800) 633-3353
https://www.mygroup.com: (Follow these steps: > My Portal Login > Student > Request a SAP Appointment).

 

Employees (Off-campus Resource):

Employee Assistance Program (EAP) is offered through an outside agency that provides support for any work, health, or life concern. This includes professional counseling and legal assistance. This service is available 24 hours a day, 7 days a week. Phone: (800) 272-2727
(Group Code: Standard 3).

 

I’m a student. What, if anything, will my parents or significant other be told?

The University’s primary relationship is to you, the student, and not to your parent/guardian or significant other. University officials will only speak with your parents/guardians or significant other at your request or when there is a significant threat to your health or safety.

 

I’m the Complainant (the person who reports having been targeted by sexual harassment/sexual misconduct). Do I have to name the alleged perpetrator?

“YES,” if you want the University to pursue an investigation and formal procedures as outlined in CUSM’s “Title IX Sexual Harassment & Sexual Misconduct Policy and Procedures”.

“NO,” if you choose to not file a formal complaint. Complainants should be aware that not identifying the alleged perpetrator may limit the University’s ability to respond comprehensively.

 

Will the Respondent (the person who is alleged to be responsible for sexual harassment/sexual misconduct) know my identity?

“Yes,” if and only if you file a formal Title IX complaint. Sexual harassment and sexual misconduct will not be tolerated at CUSM, therefore they are considered serious offenses and the Respondent has the right to know the identity of the reporting party, or Complainant.

 

What do I do if I am accused of sexual harassment or sexual misconduct?

DO NOT contact the Complainant. You may want to speak with the Title IX Coordinator, or designee, at (909) 498-1608 or TitleIXCoordinator@cusm.edu who can explain the University’s resolution procedures for addressing sexual harassment and sexual misconduct complaints. You may also want to speak with someone who can act as your support person/advisor throughout the campus process. Your support person/advisor can be present with you during all procedural aspects, this includes interviews, meetings, and hearings.

 

If I am the Respondent, who can I contact for counseling/mental health care or advocacy/support?

Students (On-Campus Resource):

CUSM Counseling and Wellness offers psychological counseling services. This service is available Monday - Friday, 8am - 5pm.
Schedule an appointment through CUSMs Therapy Portal:

Email: Deborah.Wright@cusm.edu
Phone: (909) 498-0646

Students (Off-Campus Resource):

Student Assistance Plan (SAP) is offered through an outside agency that provides professional counseling and legal assistance for CUSM students.
This service is available 24 hours a day, 7 days a week.
Phone: (800) 633-3353
Online Access: (Follow these steps: > My Portal Login > Student > Request a SAP Appointment).

Employees (Off-Campus Resource):

Employee Assistance Program (EAP) is offered through an outside agency that provides support for any work, health, or life concern. This includes professional counseling and legal assistance. This service is available 24 hours a day, 7 days a week. Phone: (800) 272-2727
Online Access:
(Group Code: Standard 3).

 

What about legal advice/representation? 

University procedures (internal action): Complainants and Respondents have the right to legal advice throughout campus informal and formal procedures. Furthermore, an attorney may attend campus meetings and hearings but is restricted to only advising the student until the Live Hearing phase.

Criminal proceedings (external action): Complainants do not need private legal counsel to pursue criminal prosecution because representation will be handled by the local District Attorney’s office that also provides Victim/Witness Division support services. However, a Complainant may want to retain an attorney if you are considering filing a civil action. A Respondent may want to retain legal counsel given the potential for criminal and/or civil action.

 

What about University accommodations? 

Following the filing of a formal Title IX complaint, accommodations known as “supportive measures” can be made through the Title IX Coordinator. Supportive measures available might include: assistance with or rescheduling an academic assignment (paper, exams, etc.); assistance in requesting an incomplete in a class; assistance with transferring class sections, if available; temporary withdrawal; assistance with alternative course completion options; mutual no contact orders; and other accommodations for safety, deemed necessary.

 

If I am the Respondent, if I am presumed innocent why are supportive measures issued?

Supportive measures are Title IX accommodations that are narrowly tailored on a case-by-case basis to ensure campus safety, to limit the interruption of education for both the Complainant and the Respondent, and/or to support overall student success. Furthermore, supportive measures do not imply guilt but are put in place for the protection of all parties involved while the case is being investigated and/or going through the hearing/appeal phases.

 

What should I do about obtaining medical treatment for a sexual assault?

Complainants that have experienced a sexual assault (particularly rape, forced oral copulation or anal penetration) are urged to seek medical treatment as soon as possible by going to the nearest hospital emergency room, Planned Parenthood, or a private physician.

It is STRONGLY ENCOURAGED that Complainants contact an advocate to accompany them to the emergency room by contacting a local rape crisis center:

  • San Bernardino Sexual Assault Services: 909.885.8884
  • Riverside Rape Crisis Center: 951.686.7273
  • Project Sister (Inland Empire Redlands Community Hospital area): 909.626.4357

Complainants who seek medical attention benefit from being examined for physical injury, receiving preventative treatment for sexually transmitted diseases, a toxicology examination for date rape drugs, and emergency contraception.

Emergency rooms nearest CUSM, that are equipped with a SART (Sexual Assault Response Team) to appropriately respond to a sexual assault, are located at:

 

Kaiser Fontana Hospital 9961 Sierra Ave.
Fontana, CA 92335
Main: 833.574.2273
Redlands Community Hospital 350 Terracina Blvd.
Redlands, CA 92373
Main: 909.335.5500

Note 1: SART exams can be done up to 7 days from the incident. However, the sooner exams are done the better chance SART nurses will have to find and document evidence.

Note 2: Although information provided to medical providers is generally protected by confidentiality, medical providers in California are required to notify law enforcement if a patient tells medical personnel that they have experienced sexual violence. Although the police may be present you are not required to speak with them.

 

What should I do about preserving evidence of a sexual assault?

Prompt reporting allows for the preservation of evidence, which will only be used if you decide (then or later) to press criminal charges or file a civil suit.

To preserve evidence, you should not bathe, douche, smoke, brush your teeth or change clothes (a change of clothes should be brought along). If clothes have been changed, the original clothes should be put in a paper bag (plastic bags damage evidence) and brought to the hospital.

Do not disturb the scene of the assault. If it is not possible to leave the scene undisturbed, evidence (e.g., bedding, towels, loose fabrics, prophylactics, and clothing) should be placed in separate paper bags to be preserved.

Time is a critical factor in collecting and preserving evidence. The physical evidence of an assault is most effectively collected within the first 24-48 hours of the assault, but some evidence may be collected for up to 72 hours. If, however, you choose to report the incident days, weeks, or even months after the assault, important support systems are still available and can be arranged but understand that delay may make it more difficult to collect physical evidence of the sexual assault that could impact a criminal prosecution or civil lawsuit.

* Please note: If you have questions about this it is STRONGLY ENCOURAGED that Complainants contact a rape crisis advocate by contacting:

  • San Bernardino Sexual Assault Services: (909) 885-8884
  • Riverside Rape Crisis Center: (951) 686-7273
  • Project Sister (Inland Empire Redlands Community Hospital area): (909) 626-4357

These options are available 24 hours a day, 7 days a week.

 

If I am a Respondent , what do my rights include during this process?

CUSM is committed to ensuring due process and equity for both the Complainant and the Respondent. Therefore, you should expect the following:

 

Will the use of drugs or alcohol affect the outcome of a report of sexual assault? 

Alcohol and/or drug use may affect the memory of any party involved and, therefore, may affect the outcome. To substantiate a report of sexual misconduct it is important that the Complainant remember the alleged incident or have sufficient information and/or witnesses. If the Complainant does not remember the circumstances of the alleged incident, it may not be possible to substantiate a finding of responsibility or impose sanctions on the Respondent without further corroborating information.

The use of alcohol and/or drugs by either party will not diminish the Respondent’s responsibility in the event the Respondent is found responsible of the allegation. Use of alcohol and/or drugs will never excuse a violation by a Respondent.

 

Will the Complainant be sanctioned when reporting a sexual assault if they have illegally used drugs or alcohol?

No. The seriousness of sexual assault is the primary concern and the University does not want any of the surrounding circumstances (e.g., drug or alcohol use) to inhibit the reporting of sexual misconduct. Please see the “Title IX Sexual Harassment & Sexual Misconduct Policy and Procedures” Section 10 (Good Samaritan Provision (Amnesty)) for more information.

 

Will either party’s prior use of drugs and/or alcohol be a factor when reporting sexual misconduct? 

Not unless there is a compelling reason to believe that prior use or abuse is relevant to the current report of sexual harassment or sexual misconduct.



What should I do if I am uncertain about what happened? 

If you believe that you have experienced or have done some type of sexual harassment or sexual misconduct but are unsure of whether it was a violation of the university policy, you can choose to contact the Title IX Coordinator at (909) 424-0345. Keep in mind this contact is NOT considered confidential, although the information will be tightly controlled on a need-to-know basis.

If you would like to speak with someone in strict confidence to explore the incident, you have a choice to speak with whom you would like, and you may want to speak with:

Complainant

  • An off-campus advocate from San Bernardino Sexual Assault Services: at the 24-hour hotline (909) 885-8884

Respondent
An off-campus counseling/mental health care professional through the:

  • Student Assistance Plan (SAP) at the 24-hour service hotline (800) 633-3353, or
  • Employee Assistance Program (EAP) at the 24-hour service hotline (800) 272-2727