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Title IX

Title IX

Title IX prohibits discrimination on the basis of sex in educational programs or activities. The University of Providence takes sexual and interpersonal misconduct seriously and is committed to providing an inclusive, safe, and welcoming environment for all members of its community. It is a violation of University Policy to engage in prohibited conduct, which includes sexual assault, sexual harassment, dating violence, domestic violence, stalking, sexual exploitation, complicity, and retaliation. The University encourages the community to report incidents of prohibited conduct immediately to the University Title IX Coordinator.

Brittany Budeski
Chief Operating Officer
Title IX Coordinator

406-791-5207
titleix@uprovidence.edu

 

Mission

The Title IX program seeks to provide leadership pertaining to the Title IX regulations, state laws, and University policies in support of maintaining a safe learning, living, and working environment for all members of its community.

 

Office Hours

Monday – Friday, 8am – 5pm

Emergency or crisis situations needing an immediate public safety, law enforcement or medical emergency response are advised to call the Great Falls Police Department at 406-771-1180 or dial 911.

Confidential Resources

If you or someone you know has experienced sexual assault, relationship violence, stalking, or sexual harassment, you may contact a confidential resource for support. Confidential resources provide a confidential place for students and employees to seek support, receive information about reporting processes on and off campus, and assist with those processes. Meeting with one of these individuals does not trigger any investigation or resolution process.

Campus Advocate / Counselor

Nikki Lewis-Clark
406-791-5986
nikki.lewisclark@uprovidence.edu

Pastoral Resources

Vowed religious personnel working within Campus Ministry and who are operating in that role are confidential resources.

These individuals will honor confidentiality unless there is an imminent danger to the student or to others. In addition, a student’s disclosure during the Sacrament of Reconciliation (confession) will not be revealed by the priest for any reason, which is a sacred obligation protected by law. Campus Ministry can be reached at 406-791-5240.

National Sexual Assault Hotline

https://www.rainn.org/resources

RAINN is the nation’s largest anti-sexual violence organization. Online chat and phone options available.

Non-Confidential Resources

In addition to Confidential Resources, the University offers options for students to report issues and concerns. Sharing information with the following resources will result in a University response.

Title IX Coordinator

406-791-5207 or titleix@uprovidence.edu

Deputy Title IX Coordinator

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Campus Safety Department and Personnel

406-791-5911 or campussafety@uprovidence.edu

Campus Safety personnel are available 24 hours a day, 7 days a week.

Residence Hall Staff

Residential Life Community Coordinators and Resident Assistants

406-791-5225 or housing.up@uprovidence.edu

Human Resources

406-791-5976 or hr.up@uprovidence.edu

University Faculty and Staff

All University faculty and staff, as well as certain student employees including but not limited to, RAs and paid mentors.

File a Title IX Report

Any person may report an incident of sexual discrimination, including sexual harassment (whether or not the person reporting is the person alleged to be harmed by the conduct that could constitute sex discrimination or sexual harassment), interpersonal violence (including domestic and dating violence), or stalking. The University offers support through Confidential Resources, Non-Confidential Resources, and through filing a report. Submitting a report will not automatically initiate a Title IX investigation. The primary purpose for submitting a report is to inform the Title IX Coordinator so that support and options can be offered to individuals who may have experienced prohibited conduct. The Title IX Coordinator will work with individuals to identify the best way to address the concern, which may or may not include a formal complaint and investigation. Visit the Resolution Options content below to learn more about formal and informal resolution options.

We encourage reports to be submitted as soon as possible either in person, by telephone, by email, or through use of the online reporting form. The University reserves the right to investigate or otherwise address any report, regardless of when it is made, based on concern for the safety or well-being of the University community.

Why Report?

  • The incident has negatively affected your academics or employment.
  • You have concerns about your safety or the safety of the community.
  • You need someone to confide in or want to seek assistance and support, but you are not seeking action or do not want to name the Respondent.
  • You want the university to pursue disciplinary action against the Respondent.
  • You want a No Contact Order to be put in place between you and the Respondent.
  • Reporting an incident informs the University of the incident, which allows the institution to provide support, resources, and accommodations to all the parties impacted by the incident and does not necessarily result in the initiation of a grievance process.

 

Ways to report

  • Phone: 406-791-5207
  • Email:  titleix@uprovidence.edu
  • Online Report Submission
  • In-person meeting with Title IX Coordinator (scheduled by phone or by email)

 

Anonymous Report

A report can be made without sharing your name or contact information. You can remain anonymous when calling the Title IX Coordinator or when completing the online reporting form (by simply leaving the name and contact fields blank). Submitting an anonymous report will make the university aware of incidents or general trends but may not allow us to seek any further action. Depending on the information provided, the university’s ability to respond may be limited.​ It’s important to note that members of the University community who are identified as a Mandatory Reporter may not make anonymous reports.

Students, faculty, and staff may choose to report an incident of bias, discrimination, and/or harassment to the University (through the online reporting form), report to a Non-Confidential Resource, or report to the Great Falls Police Department. Regardless of the reporting option chosen, the University is obligated to respond after receiving a report regarding an incident of harassment, sexual assault, sexual misconduct, dating violence, domestic violence, stalking, and/or conduct that creates a hostile environment.

Any person subject to an alleged incident, may file a Formal Complaint (this is separate from a title IX report) to initiate the appropriate grievance process. The Title IX Coordinator may also file and sign a Formal Complaint based on any incident report received which will initiate the appropriate grievance process track.

Additional Report Filing Options

Police Report

Police reports can be made as an option to pursue criminal action, file a protective order, and access victim services, or you can file a police report without pursuing criminal action. Criminal action is separate from a Title IX university investigation process. We do not share information with the Great Falls Police Department unless the Complainant gives us specific permission to do so, there are immediate safety concerns, the victim is a minor under state law, or we are compelled to do so by a subpoena or court order.

Civil Report

Reports can also be made to external federal or state agencies.

What happens after filing a Title IX Report?

After a report is submitted, the Title IX Coordinator will:

  • assess the nature and circumstances of the report;
  • assess immediate concerns including physical safety and emotional well-being of the Potential Complainant;
  • discuss the Potential Complainant’s right to contact law enforcement and right to seek medical treatment;
  • provide the Potential Complainant information about resources (on-campus and off-campus) and the availability of appropriate and supportive measures;
  • advise on UP’s policy regarding confidentiality and retaliation; and
  • explain the process and requirements for filing a formal complaint under Title

 

For more information on the processes, please visit the Policies and Procedures document below.

 

Policies and Procedures

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Title IX Regulations

Civil Rights Division website, Title IX Legal Manual  

 

Defining Covered Sexual Harassment, as defined under Title IX

Includes any conduct on the basis of sex that satisfies one or more of the following:

  • An employee conditioning educational benefits on participation in unwelcome sexual conduct (i.e., quid pro quo);
  • Unwelcome conduct that a reasonable person would determine is so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the educational institution’s education program or activity;
  • Sexual assault (as defined in the Clery Act), which includes any sexual act directed against another person, without the consent of the victim including instances where the victim is incapable of giving consent;
  • Dating violence (as defined in the Violence Against Women Act (VAWA) amendments to the Clery Act), which includes any violence committed by a person: (A) who is or has been in a social relationship of a romantic or intimate nature with the victim; and (B) where the existence of such a relationship shall be determined based on a consideration of the following factors: (i) The length of the relationship; (ii) The type of relationship; (iii) The frequency of interaction between the persons involved in the relationship.
  • Domestic violence (as defined in the VAWA amendments to the Clery Act), which includes any felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under applicable state and local domestic or family violence laws or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the State or local jurisdiction.
  • Stalking (as defined in the VAWA amendments to the Clery Act), meaning engaging in a course of conduct directed at a specific person that would cause a reasonable person to– (A) fear for their safety or the safety of others; or (B) suffer substantial emotional distress.

 

Note that conduct that does not meet one or more of these criteria may still be prohibited under the UP Code of Conduct or other relevant policy.

 

Complainant Resources

UP has numerous resources to provide safety measures, physical and mental wellness assistance and academic accommodations for students and employees. If you are a complainant, you are entitled to fair treatment as well as support for your concerns, assistance with decision-making and resources, regardless of whether you choose to pursue a formal investigation or not. We strongly encourage you to use these resources to ensure that you find the help that you need. It is important to us that you feel supported and safe.

  • Confidential Resources (link to page above)
  • Non-Confidential Resources (link to page above)
  • Supportive Measures (link to page above)
  • Filing a Formal Complaint (link to report submission page)
  • Resolution Options

 

Respondent Resources

UP has numerous resources to provide safety measures, physical and mental wellness assistance and academic accommodations for students and employees. If you are a respondent, you are entitled to fair treatment as well as support for your concerns, assistance with decision-making and resources. We strongly encourage you to use these resources to ensure that you find the help that you need. It is important to us that you feel supported and safe.

  • Confidential Resources (link to page above)
  • Non-Confidential Resources (link to page above)
  • Supportive Measures (link to page above)
  • Filing a Formal Complaint (link to report submission page)
  • Resolution Options

 

Notice of Rights and Options

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Supportive Measures

Supportive measures are intended to restore or preserve equal access to UP’s education programs and activities, including work environments, without burdening the other party. These measures may help individuals access UP environments safely or may be designed to deter any sex-or gender-based violence, harassment, or discrimination. Supportive measures may be available regardless of whether a complaint is filed, or an investigation is requested.

Supportive measures may include:
  • counseling
  • extensions of deadlines or other course-related adjustments
  • modifications of work or class schedules
  • campus escort services
  • restrictions on contact between the parties (no contact orders)
  • changes in work or housing locations
  • leaves of absence
  • increased security and monitoring of certain areas of the campus
  • Emergency Removal

These services are offered when appropriate and reasonable. They are available to any individual who has experienced or is alleged to have engaged in behavior that may be considered sex- or gender-based violence, harassment, or discrimination.

If you have experienced sex- or gender-based violence or harassment, confidential resources or the Office of the Title IX Coordinator can provide information and assist with supportive measures.

Terms and Concepts

Resolution Options

After a report has been made to the Title IX Coordinator, the Title IX Coordinator will reach out to provide support resources and explain formal and informal resolution options. The Coordinator is available to ensure each report receives an appropriate and supportive response and that individuals can make informed decisions based on accurate and complete information. The Title IX Coordinator will be available as a point of contact throughout the resolution process to answer questions, provide updates, and coordinate communications. If you are seeking confidential support and have experienced sexual assault, sexual harassment, intimate partner violence, or stalking, UP Confidential Resources are available. Reach out to a Confidential Resource (see above) to learn more about their services and schedule a meeting.

Supportive Measures

Supportive measures are non-disciplinary, non-punitive, individualized support available to individuals who may have experienced sex- or gender-based violence, harassment, or discrimination. Supportive measures are intended to restore or preserve equal access to education programs, activities, and work environments. It is not necessary to file a formal complaint to access supportive measures.

Formal Complaint

A formal complaint is initiated by submitted a written document requesting for a University investigation that may result in disciplinary action. An investigation is an impartial process that includes gathering facts to determine whether the evidence supports a finding of a policy violation. The process involves interviews of parties and others who may have relevant information. In some cases, an investigation involves a hearing. To submit a formal complaint, schedule an intake with the Title IX Coordinator.

Complainant

A Complainant (CP) is a person who is alleged to be the victim of conduct that could constitute sexual harassment. Typically, this is the person submitting the Title IX report.

Respondent

A Respondent (or Responding Party, RP) is someone who has been reported to be the perpetrator of conduct that could constitute sexual harassment.

Mandatory Reporter

A UP employee designated by the Title IX Coordinator who is required to report incidents of alleged prohibited conduct under Title IX to the university. This designation applies to the Title IX Coordinator and the Deputy Title IX Coordinator, all UP faculty and staff, as well as certain student employees including but not limited to, RAs and paid mentors.

Consent

The act of willingly agreeing to engage in each specific sexual contact or activity. Consent must be clear, knowing, voluntary, and expressed prior to engaging in and during each sexual act.

Sex Discrimination

Disparate treatment of an individual on the basis of sex or gender (including, but not limited to, sexual orientation, gender identity, gender expression, and pregnancy status) that adversely affects the terms or conditions of the individual’s employment or substantially interferes with the individual’s access to education or educational benefits.

Formal Complaint

A written document filed by a Complainant or signed by the Title IX Coordinator alleging sexual harassment against a respondent and requesting that the recipient investigate the allegation of sexual harassment. Submission of a written Formal Complain document is a request of the University to initiate the Grievance Process. The Title IX Coordinator may also file and sign a Formal Complaint based on any incident report received which will initiate the Grievance Process.

Mutual No Contact Order

Mutual No Contact Orders are one type of supportive measure that may be requested. These are intended to prevent two people from communicating with one another and are not intended to be disciplinary, punitive, or prevent anyone from accessing their educational or workplace environments.

Potential Complainant

A person identified by a witness or other individual as a person who may have experienced sexual harassment or retaliation in violation of the policy. This individual is one who has not submitted a formal complaint.

Potential Respondent

Individual identified by a witness or potential complainant as having been the perpetrator of conduct that could constitute sexual harassment. This individual is not yet one associated with a formal complaint.

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