Title IX

Although Title IX is commonly associated with sex-based discrimination in athletics, the law is much broader. Title IX of the Education Amendments of 1972 is a federal law that states:

“No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any educational program or activity receiving Federal financial assistance.”

Title IX prohibits sex discrimination in all of the College’s programs and activities in the United States, including, but not limited to, admissions, recruiting, financial aid, academic programs, student services, counseling and guidance, discipline, class assignments, grading, recreation, athletics, housing, and employment.

Millsaps College prohibits sex-based discrimination, including discrimination on the basis of pregnancy or related conditions, as well as specific forms of sexual harassment, and other prohibited conduct as defined by the 2020 Title IX regulations. Under these regulations, the College addresses sexual harassment, sexual assault, dating and domestic violence, stalking based on sex and related retaliation occurring in its education programs or activities within the United States. This includes quid pro quo harassment by an employee, sexual assault, dating violence, domestic violence, and stalking, as well as other unwelcome conduct that is so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the College’s education program or activity.

If a report of alleged Prohibited Conduct does not fall under the Title IX and Prohibited Sexual Harassment Policy, it may be reported and addressed through other college policies and procedures.

Title IX permits sex-separate programs or facilities in limited circumstances, such as athletics and housing, but generally prohibits treating individuals differently based on sex in a manner that denies equal access to educational opportunities. Title IX also protects against retaliation for individuals who report or participate in a Title IX process.

For more information about Title IX, visit the U.S. Department of Education’s website.

Scope and Jurisdiction

This policy applies to all Millsaps College students, faculty, and staff who experience Prohibited Sexual Harassment (as defined in this policy) in the College’s education programs or activities. It also applies to individuals participating in College-sponsored programs and activities where Millsaps College exercises substantial control over both the Respondent and the context in which the conduct occurs, including:

• College-sponsored events such as summer programs or alumni gatherings
• Activities hosted in spaces owned or controlled by the College
• Conduct occurring in buildings owned or controlled by recognized student organizations, including fraternity or sorority lodges, where the College has substantial control over the Respondent and the context of the conduct

When reported Prohibited Sexual Harassment does not meet the Title IX jurisdictional requirements (e.g., the incident occurred outside the United States, the College lacks substantial control over the context or respondent, or the conduct does not meet the narrow definition of “Prohibited Sexual Harassment” under 34 C.F.R. §106.30), the College may still address the behavior under other applicable policies and procedures.

In particular, conduct that falls under the Clery Act and the Violence Against Women Act (VAWA)—including sexual assault, dating violence, domestic violence, and stalking—will be addressed using processes that align with Clery/VAWA procedural protections. These include:

• Providing written notice of rights and options to both parties;
• Ensuring a prompt, fair, and impartial process conducted by trained officials;
• Offering supportive measures regardless of whether a formal complaint is filed;
• Allowing both parties the opportunity to be accompanied by an advisor of their choice during proceedings;
• Simultaneous notification of outcomes, sanctions, and appeal rights.

Millsaps College is committed to responding appropriately to all allegations of Prohibited Conduct, whether they fall under the Title IX Final Rule or are addressed through other institutional processes in accordance with federal law.

Millsaps College’s Title IX policy applies to all individuals participating in or attending College-sponsored programs or activities. While guests and non-student visitors are not subject to the College’s formal conduct or grievance procedures as set forth in this policy, they are nonetheless expected to uphold the community values and behavioral expectations of the institution. The College reserves the right to remove or restrict access to individuals who engage in behavior that violates these principles or poses a disruption to campus safety and integrity including but not limited to Prohibited Sexual Harassment.

Purpose

Millsaps is committed to fostering an environment in which all members of the campus community are safe, secure and free from Prohibited Sexual Harassment. The college expects that all interpersonal relationships and interactions—especially those of an intimate nature—will be based on mutual respect, open communication and affirmative consent. When learning of conduct or behavior that may not meet these standards, community members and the college are expected to take an active role in upholding this policy and promoting the dignity of all individuals.

Policy

Affirmative Consent

Affirmative consent represents the cornerstone of respectful and healthy intimate relationships. Millsaps strongly encourages its community members to communicate—openly, honestly and clearly—about their actions, wishes and intentions when it comes to sexual behavior and to do so before engaging in intimate conduct. Such communication should be active and on-going throughout any sexual activity.

Affirmative consent means affirmative, conscious, and voluntary agreement to engage in sexual activity. It is the responsibility of each person involved in the sexual activity to ensure that they have the affirmative consent of the other or others to engage in the sexual activity. Affirmative consent must be ongoing throughout a sexual activity and can be revoked at any time. Affirmative consent must be freely given. It cannot be obtained through coercion, deception, force, intimidation, or threat. Affirmative consent must be informed and specific to the activity, the participants, and the circumstances. Affirmative consent to one form of sexual activity does not imply one has affirmatively consented to other forms.

• Lack of protest or resistance does not mean consent has been affirmed.
• Silence does not mean one has affirmatively consented.
• The existence of a dating relationship between the persons involved, or the fact of past sexual relations between them, should never by itself be assumed to be an indicator that consent is affirmed.

It shall not be a valid excuse that the Respondent believed that the Complainant affirmatively consented to the sexual activity if the Respondent knew or reasonably should have known that the Complainant was unable to affirmatively consent to the sexual activity under any of the following circumstances:

• The Complainant was asleep or unconscious.
• The Complainant was incapacitated due to the influence of drugs, alcohol, or medication, so that the Complainant could not understand the fact, nature, or extent of the sexual activity.
• The Complainant was unable to communicate due to a mental or physical condition.

In addition, it shall not be a valid excuse to alleged lack of affirmative consent that the Respondent believed that the Complainant affirmatively consented to the sexual activity under either of the following circumstances:

• The Respondent’s belief in affirmative consent arose from the intoxication or recklessness of the Respondent.
• The Respondent did not take reasonable steps, in the circumstances known to the Respondent at the time, to ascertain whether the Complainant affirmatively consented.

Prohibited Sexual Harassment

Millsaps prohibits all forms of sexual harassment based on sex, related retaliation and other prohibited conduct as defined by this policy. Such conduct violates the community values and principles of the institution and disrupts the living, learning and working environment for students, faculty, staff and other community members. Therefore, the college prohibits the actions listed below. An attempt to commit an act identified in this policy, as well as assisting or willfully encouraging any such act, is also considered a violation of this policy. An act may violate one or more parts of this policy. Employee-related matters are reviewed and investigated by the Office of Human Resources. Community members may also be held responsible for the misconduct of their visitors and guests.

1. Sexual Assault

Sexual penetration without affirmative consent: Any penetration of the sex organs or anus of another person when affirmative consent is not present; any penetration of the mouth of another person with a sex organ when affirmative consent is not present; or performing oral sex on another person when affirmative consent is not present. This includes penetration or intrusion, however slight, of the sex organs or anus of another person by an object or any part of the body.

Sexual contact without affirmative consent (e.g., unwelcome sexual contact):

• The intentional touching of the clothed or unclothed body parts without the affirmative consent of the Complainant for the purpose of sexual degradation, sexual gratification, or sexual humiliation.
• The forced touching by the Complainant of the Respondent’s clothed or unclothed body parts, without the affirmative consent of the Complainant for the purpose of sexual degradation, sexual gratification, or sexual humiliation.

Statutory rape: Sexual intercourse with a person who is under the statutory age of consent under the laws of the state in which the incident occurred. Age of consent in the state of Mississippi is 16.

2. Sexual Exploitation

Taking sexual advantage of another person for the benefit of oneself or a third party when affirmative consent is not present and deliberately infringes on one’s reasonable expectations of privacy and/or safety.

This includes a variety of behaviors. For example:

• Prostituting another person;
• Sexual voyeurism or permitting others to witness or observe the sexual or intimate activity of another person without that person’s affirmative consent;
• Indecent or lewd exposure or inducing others to expose themselves when affirmative consent is not present;
• Recording images (e.g. video, photograph) or audio of another person’s sexual activity, intimate body parts, or nakedness without that person’s affirmative consent;
• Distributing sexual information or images (e.g. video, photograph) or audio of another person’s sexual activity, intimate body parts, or nakedness if the individual distributing the images or audio knows or should have known that the person depicted in the images or audio did not affirmatively consent to such disclosure and objects to such disclosure;
• Viewing another person’s sexual activity, intimate body parts, or nakedness in a place where that person would have a reasonable expectation of privacy, without that person’s affirmative consent and for the purpose of arousing or gratifying sexual desire.
• Sharing via electronic means in group chats, texts, e-mails, and posting on social media;
• Inducing incapacitation in another person with the intent to engage in sexual conduct, regardless of whether prohibited sexual conduct actually occurs.

3. Stalking Based on Sex

Knowingly engaging in a course of conduct directed at a specific person that one knows or should know would cause a reasonable person to fear for their safety (or the safety of a third party) or suffer substantial emotional distress. Conduct that can amount to stalking may include two or more actions directed at another person, whether done directly, indirectly, through others, via devices or via any other methods or means (specifically including electronic means such as social media), including but not limited to:

• Following a person;
• Being or remaining in close proximity to a person;
• Entering or remaining on or near a person’s property, residence or place of employment;
• Monitoring, observing or conducting surveillance of a person;
• Threatening (directly or indirectly) a person;
• Giving gifts or objects to, or leaving items for, a person;
• Interfering with or damaging a person’s property (including pets); or
• Engaging in other unwelcome conduct.

Allegations of stalking that are not based on sex will be addressed under the College’s applicable student conduct or other designated policy, consistent with the procedural protections required by the Violence Against Women Act (VAWA). The College ensures that all reports will be handled promptly and fairly by the appropriate office.

4. Relationship, Dating, and Domestic Violence and Abuse

Physical and sexual violence and abuse between persons in an intimate relationship where the conduct is so severe, pervasive and persistent as to significantly interfere with an individual’s ability to learn and/or work or cause substantial emotional distress, when judged objectively (meaning that a reasonable person would find the behavior to be abusive).

These actions may include, but are not limited to:

• Physical abuse: hitting, slapping, shoving, grabbing, pinching, biting or hair pulling;
• Psychological/emotional abuse: a pattern of behavior undermining an individual’s sense of self-worth or self-esteem, constant criticism, diminishing one’s abilities, name-calling or damaging one’s relationship with one’s children;
• Sexual abuse: attacks on sexual parts of the body, treating one in a sexually demeaning manner, coercing or attempting to coerce any sexual contact or behavior without affirmative consent.

Individuals encompassed in the definition of Relationship Violence include, but are not limited to:

• Persons who have or have had a dating relationship;
• Persons who have or have had a social relationship of a romantic or intimate nature;
• Current and former spouses;
• Current and former domestic partners;
• Intimate partners or dating partners who share or formerly shared a common dwelling;
• Persons who otherwise have a child in common or share a relationship through a child.

Relationship violence and abuse may be committed by a person, past or present, involved in a social, sexual or romantic relationship with the alleged victim. Individuals encompassed in the definition include those in casual sexual encounters, partnerships where a dwelling is or has been shared, and those who have joint custody of a child.

5. Sexual Harassment

Sexual harassment is any unwelcome conduct of a sexual nature where:

1. Submission to or rejection of such conduct is made, either explicitly or implicitly, a term or condition of a person’s employment, academic standing or participation in any college program and/or activity, or is used as the basis for college decisions affecting the individual (often referred to as “quid pro quo” harassment); or
2. Such conduct creates a hostile environment. A hostile environment exists when the conduct is sufficiently severe, persistent and pervasive that it unreasonably interferes with, limits or deprives an individual from participating in or benefitting from the college’s education or employment programs and/or activities. The existence of a hostile environment is to be judged both objectively (meaning a reasonable person would find the environment hostile) and subjectively (meaning the impacted individual felt the environment was hostile).

Examples of conduct that may constitute sexual harassment include:

• Pressure for a dating, romantic or intimate relationship;
• Unwelcome sexual advances;
• Unwelcome touching, kissing, hugging or massaging;
• Pressure for or forced sexual activity;
• Unnecessary references to parts of the body;
• Remarks about a person’s gender, nonconformity with gender stereotypes or sexual orientation;
• Sexual innuendoes or humor;
• Obscene gestures;
• Sexual graffiti, pictures or posters;
• Sexually explicit profanity;
• E-mail, texting (“sexting”) and Internet use that violates this policy.

Conduct that falls outside of the definitions outlined above may still be investigated under other college policies.

Title IX and VAWA Statement

It is the policy of Millsaps to comply with Title IX of the Education Amendments of 1972, which prohibits discrimination (including sexual harassment and sexual violence) based on sex in the college’s educational programs and activities. It is also Millsaps’ policy to comply with the federal Violence Against Women Act (VAWA) amendments to the Jeanne Clery Disclosure of Campus Security Policy and Campus Crimes Statistics Act and the accompanying regulations (collectively referred to as VAWA). Title IX prohibits retaliation for asserting or otherwise participating in claims of sex discrimination. VAWA imposes additional duties on universities and colleges to investigate and respond to reports of sexual assault, stalking, and dating or domestic violence and to publish policies and procedures related to the way these reports are handled. Millsaps has designated the Title IX Coordinator, with assistance of the Title IX team, to coordinate Millsaps’ compliance with Title IX and VAWA to respond to reports of violations. The college has directed its director of campus safety to coordinate Millsaps’ compliance with the Clery reporting related to VAWA requirements.

Preserving Evidence

Many prohibited sexual harassment offenses also are crimes in the state or locality in which the incident occurred. For that reason, complainants often have legal options that they can pursue. For example, a survivor may seek a protective order from a court against the perpetrator(s); pursue a civil action against the perpetrator(s); and/or participate in a law enforcement investigation and criminal prosecution of the perpetrator(s). Regardless of whether an incident of sexual misconduct is reported to the police or the college, Millsaps strongly encourages individuals who have experienced prohibited sexual harassment to preserve evidence to the greatest extent possible, as this will best preserve all legal options for them in the future.

Additionally, such evidence may be helpful in pursuing a complaint with the college. While the college does not conduct forensic tests for parties involved in a complaint of sexual misconduct, results of such tests that have been conducted by law enforcement agencies and medical assistance providers may be submitted as evidence that may be considered in a college investigation or proceeding, provided they are available at the time of the investigation or proceeding.

Below are suggestions for preserving evidence related to an incident of sexual misconduct. It is important to keep in mind that each suggestion may not apply in every incident:

• General Evidence Preservation Suggestions: In order to best preserve their legal options in the future, individuals should consider not altering, disposing of or destroying any physical evidence of sexual misconduct. If there is suspicion that a drink may have been drugged, an individual should inform a medical assistance provider and/or law enforcement as soon as possible so they can attempt to collect possible evidence (e.g., from the drink, through urine or blood sample). Individuals can preserve evidence of electronic communications by saving them and/or by taking screen shots of text messages, instant messages, social networking pages or other electronic communications, and by keeping pictures, logs or copies of documents that relate to the incident and/or perpetrator. Even if survivors choose not to make a complaint with the college regarding sexual misconduct, they may consider speaking with campus safety or other law enforcement to preserve evidence. Please note that, as college employees, members of the Office of Campus Safety would have to report the concern to the Title IX Coordinator.
• Evidence Preservation Specific to Sexual Assault: Because some evidence, particularly evidence that may be located on the body, dissipates quickly (within 48-96 hours), it is recommended that individuals who have been sexually assaulted and wish to preserve evidence seek medical attention. Complainants should go to the University of Mississippi Medical Center and request to be seen by a Sexual Assault Nurse Examiner (SANE) who can conduct a medical examination, gather information, and collect/preserve evidence using a Physical Evidence Recovery Kit (P.E.R.K.). Under Mississippi law, any cost for an emergency medical or forensic examination for a victim of sexual violence that is not covered by private insurance or a federally financed insurance program will be covered by the Mississippi Office of the Attorney General, Division of Victim Compensation. No bill for the examination will be submitted to the victim, nor shall the medical facility hold the victim responsible for payment. (Section 99-37-25 of the Mississippi Code Annotated) An individual who has been sexually assaulted and wishes to preserve evidence should, if possible, not shower, bathe, douche, smoke, brush teeth, eat, drink, use the bathroom or change clothes or bedding before going to the hospital or seeking medical attention. If the individual who has been sexually assaulted decides to change clothes or bedding and wishes to preserve evidence, they should not wash the clothes worn or bedding used during the assault, and should bring them to a hospital, medical facility or the police in a non-plastic (e.g., paper) bag.

Formal Complaint and Informal Resolution Processes

Individuals reporting alleged prohibited sexual harassment shall be invited to meet with the Title IX Coordinator. During this conversation, the TIX Coordinator will explain how the Title IX process works, including both formal and informal resolution options. They will also provide information about how to report to law enforcement, discuss available supportive measures, and connect the student with helpful resources both on campus and in the community.

Written notice will be sent to the complainant and respondent regarding interviews, meetings, and hearings within the required time frames.

Formal Investigation

Students contemplating filing a formal complaint, separate from the initial report, may at any time meet with the Title IX Coordinator, who will discuss the matter and review the formal complaint process. Should a formal, written complaint be submitted, the Title IX Coordinator will assign the case to a trained investigator so the fact-finding stage may commence. Written notice will be sent to the complainant and respondent regarding interviews, meetings, and hearings within the required time frames.

The investigation will commence, generally within one week. Investigations will be conducted as expeditiously as possible, though this may vary based on the availability of witnesses, the scope of the investigation or unforeseen circumstances. Not all reported behavior may constitute a violation of Title IX, but campus and community resources are available.

During an investigation, the complainant will have the opportunity to describe the allegations and present supporting witnesses or other evidence. The respondent will have the opportunity to respond to each allegation and present supporting witnesses or other evidence. Both parties may present additional questions and/or evidence as the investigation proceeds. The investigator will review evidence presented and will meet with additional witnesses identified by the complainant, the respondent, or third parties, as determined appropriate by the investigator. All parties involved in the investigation are expected to cooperate and provide truthful information throughout the investigation process.

Millsaps cannot guarantee complete confidentiality when addressing discrimination and harassment complaints. However, all information will be handled with discretion and in compliance with legal, institutional, and procedural requirements. The Title IX Coordinator will manage inquiries, complaints, and related proceedings with sensitivity and a commitment to protecting all parties involved. Each case is reviewed as privately as possible, and information is only shared with individuals who need it to conduct a fair and thorough investigation.

Once interviews and the collection of evidence is complete, the investigator will draft a summary report. The document will not make conclusions about responsibility. Both parties will have the opportunity to review and respond to the evidence before the final report is completed.

Any participant in an investigation who has a complaint regarding the conduct of the investigator or who believes the investigator has a conflict of interest should contact the Title IX Coordinator or one of the Deputy Coordinators who has not been involved in the investigation of the complainant’s report and who shall take appropriate actions to address the issue in a prompt and equitable manner.

Live Hearings

After the investigation, a live hearing must be scheduled when all of the following are true:

• The conduct meets the Title IX definition of sexual harassment, which includes:
  • Quid pro quo harassment by an employee;
  • Unwelcome conduct that is so severe, pervasive, and objectionably offensive that it effectively denies a person equal access, or
  • Sexual assault, dating violence, domestic violence or stalking as defined by Clery/VAWA;
• The conduct occurred in the College’s education program or activity;
• The conduct occurred in the United States;
• A formal complaint has been filed by the complainant or signed by the Title IX Coordinator.

If the case falls under Title IX rules, the school will hold a live hearing, which may take place in person or virtually. A trained decision-maker or panel separate from the investigator and free of bias will oversee the hearing. During the hearing, each party must have an advisor (e.g. a faculty/staff member, a coach, an attorney, etc.) to conduct cross-examination. If a party does not have one, the college will provide an advisor free of charge. Following the hearing, the decision-maker(s) will issue a written determination that includes findings of fact, conclusions about whether a policy was violated, the rationale for the decision, and any applicable sanctions or remedies. Both the complainant and respondent will receive the decision at the same time.

Hearing Scheduling and Structure

Following the conclusion of the investigation, only cases that meet the aforementioned criteria for Title IX jurisdiction and require a live hearing under federal regulations will proceed to a hearing. In such cases, Millsaps College will convene a live hearing within 30 calendar days of distributing the final investigative report to the parties, unless delayed due to documented unusual or complex circumstances. The hearing will be conducted before a neutral decision-maker or Review Panel to determine responsibility for the alleged Prohibited Sexual Harassment outlined in the Formal Complaint.

The decision-maker(s) shall not include the Title IX Coordinator or the investigators involved in the case. Decision-makers may be trained internal staff or external individuals retained by the College. If a Review Panel is used, the Title IX Coordinator will appoint an odd number of panelists from the College’s trained pool, and designate one member to serve as Chair. Each party may challenge the participation of a panelist for conflict of interest or other good cause. The Title IX Coordinator will determine whether to replace the challenged panelist.

Attendance and Privacy

Live hearings are closed to the public. The following individuals may attend:

• The Complainant and Respondent
• The decision-maker(s)
• One advisor for each party
• Witnesses (only during their own testimony)
• Any individual providing authorized accommodations (e.g., interpreters or support persons)

Advisors and Cross-Examination

Each party must have an advisor present at the live hearing to conduct cross-examination. If a party does not have an advisor, Millsaps College will appoint one at no cost. The advisor may be, but is not required to be, an attorney. The College is required to ensure the presence of an advisor regardless of whether the party attends the hearing. If a party’s chosen advisor is unavailable, a reasonable postponement may be granted for good cause.

Format and Virtual Participation

Live hearings may be held in person or virtually, at the College’s discretion. All participants must be able to see and hear each other simultaneously. Upon request, the College will provide for the Complainant and Respondent to be in separate rooms with real-time audiovisual technology.

Recording

The College will create and maintain either an audio or audiovisual recording or transcript of the hearing, which will be made available to the parties for inspection and review. Any other recording is strictly prohibited and may result in disciplinary action.

Pre-Hearing Meeting

Each party will be required to attend a pre-hearing meeting with the Title IX Coordinator (or designee) to review the hearing procedures and administrative expectations. Deadlines for submitting and exchanging witness names, evidence, and pre-hearing questions will be set during or before this meeting.

Hearing Questioning Procedures

Cross-Examination

During the hearing, the advisors for each party may question the opposing party and any witnesses, including follow-up questions and those challenging credibility. Only advisors—not the parties—may conduct questioning.

Relevance Review

All questions must be relevant. The Chair will determine whether each question is admissible before it is answered and will explain any decisions to exclude questions on the basis of relevance.

Question Restrictions

Questions and evidence regarding a Complainant’s sexual predisposition or prior sexual behavior are not permitted unless:

• Offered to prove that someone other than the Respondent committed the alleged conduct, or
• Related to prior sexual behavior between the Complainant and Respondent and offered to prove consent.

Decision-Maker Questions

The decision-maker(s) may ask their own relevant questions of the parties and witnesses.

Use of Witness Statements

If a party or witness refuses to submit to cross-examination, or is absent from the live hearing, the decision-maker(s) may not rely on any statement made by that individual in reaching a determination regarding responsibility. However, no adverse inference may be drawn based solely on a party’s or witness’s absence or refusal to answer questions.

Written Determination Regarding Responsibility

Content of the Written Determination

The decision-maker(s) will issue a written determination of responsibility using the standard of evidence outlined in this policy. For a Review Panel, a majority vote is required for both findings of responsibility and imposition of sanctions. The determination will include:

• The allegations potentially constituting sexual harassment
• A summary of the procedural steps taken from the complaint through the hearing
• Findings of fact and rationale supporting the determination
• Conclusions regarding policy violations
• A statement and rationale for the outcome of each allegation, including any disciplinary sanctions and remedies
• Information about the appeal process and grounds for appeal

Issuance and Finality

The written determination will be provided to both parties simultaneously. The outcome becomes final on:

• The date the College provides written notice of the result of an appeal, if one is filed; or
• The date the appeal deadline passes with no appeal submitted.

Informal Resolution

In many instances, counseling, advice, or informal discussion may be useful in resolving concerns about allegations of discrimination prohibited by Title IX. The Complainant’s and Respondent’s decision to proceed informally must be voluntary, informed, and never coerced.

Complainants or Respondents who wish to resolve their concerns informally should bring them to the attention of the Title IX Coordinator. In working to resolve the matter, the Title IX Coordinator will assign the case to a trained staff member to interview the complainant, respondent, and, as appropriate, others who may have knowledge of the facts underlying the complaint. At any point, while the informal process is ongoing, the Complainant or Respondent may elect to end the informal process in favor of filing a formal complaint. Once an informal resolution agreement is finalized, the matter is considered closed, and the complainant cannot re-open a formal process for the same complaint—unless there’s a new basis, such as breach of agreement or a new complaint.

Although Millsaps welcomes informal resolution of complaints when appropriate, it will not use mediation when a student alleges misconduct by an employee. Similarly, in certain cases involving sexual assault, informal resolution may be used only if both parties voluntarily agree and understand their rights.

Appeals

The Respondent and Complainant may request an appeal of the decision rendered by the Adjudicator within 10 days of receiving the written determination. Disagreement with the finding or corrective action is not, by itself, grounds for appeals. The three grounds upon which an appeal of the decision or sanctions may be made are:

1. The party believes a procedural error occurred, which the party feels may change or affect the outcome of the decision;
2. The party has substantive new evidence that was not available to the investigator or the parties at the time of the hearing and that may change the outcome of the decision;
3. The party feels that the severity of the sanction is inappropriate given the details of the case.

The request for an appeal, including the grounds upon which the request is based, should be submitted in writing to the Title IX Coordinator.

As to all appeals, the Title IX Coordinator (or designee) shall:

1. Notify the other party in writing immediately when an appeal is filed and implement appeal procedures equally for both parties;
2. Ensure that the decision-maker(s) for the appeal is not the same person as the decision-maker(s) that reached the determination regarding responsibility or dismissal, the investigator(s), or the Title IX Coordinator;
3. Ensure that the decision-maker(s) for the appeal complies with the standards set forth in this policy;
4. Give the non-appealing party an opportunity to submit a written statement in response to the appeal within 10 days of receiving the appeal, which shall be transmitted within 2 business days to the Appeal decision-maker(s).

Decision on Appeal

Within 20 days of receiving the appeal and the response, the Appeal decision-maker(s) shall issue a written decision describing the result of the appeal and the rationale for the result; and provide the written decision simultaneously to both parties. The Appeal decision-maker(s) may deny the appeal or, if the appeal ground(s) has or have been met, may return the case to the initial decision-maker(s) for reconsideration, or convene a new hearing. If a case is returned to the initial decision-maker(s), the Appeal decision-maker(s) shall identify which aspects merit further review.

Dismissal

Under Title IX regulations, Millsaps College shall investigate the allegations in a Formal Complaint, except as follows:

• Mandatory Dismissal: Millsaps College shall dismiss the Formal Complaint if the conduct alleged in the Formal Complaint:
  • would not constitute prohibited sexual harassment as defined by this policy, even if proved,
  • did not occur in Millsaps College’s education program or activity,
  • or did not occur against a person in the United States.
  • The dismissal does not preclude action under another policy or procedure of Millsaps College.
• Discretionary Dismissal: Millsaps College may dismiss the Formal Complaint or any allegations therein, if at any time during the investigation or hearing:
  • A Complainant notified the Title IX Coordinator in writing that the Complainant would like to withdraw the Formal Complaint or any allegations therein;
  • The Respondent is no longer enrolled in or employed by Millsaps College; or
  • Specific circumstances prevent Millsaps College from gathering evidence sufficient to reach a determination as to the Formal Complaint or allegation therein.
  • Occurred prior to August 14, 2020, in which case Millsaps College’s Code of Conduct shall be used.

Millsaps College may dismiss a Formal Complaint at any time in the process if it becomes known that one of the foregoing reasons for dismissal applies.

Upon a dismissal required or permitted under this section, Millsaps College will promptly send written notification of the dismissal and reason(s) therefor simultaneously to both parties. Millsaps College may also refer the matter to the appropriate department for resolution under the Code of Conduct.

This dismissal decision is appealable by any party under the procedures for appeal. The decision not to dismiss is also appealable by any party claiming that a dismissal is required or appropriate.

Consolidation of Formal Complaints

Millsaps College may consolidate Formal Complaints as to allegations of Prohibited Sexual Harassment against more than one Respondent, or by more than one Complainant against one or more Respondents, or by one party against the other party, where the allegations of Prohibited Sexual Harassment arise out of the same facts or circumstances. Where a grievance process involves more than one Complainant or more than one Respondent, references in this section to the singular ‘‘party,’’ ‘‘Complainant,’’ or ‘‘Respondent’’ include the plural, as applicable.

Resolution of Non-Title IX Cases

If a reported incident does not meet the criteria for resolution under this policy—for example, due to the location of the conduct, the identity of the parties involved, or the nature of the behavior—Millsaps College may resolve the matter through other institutional policies, such as the Student Code of Conduct or applicable employee procedures.

In these situations, the College may use alternative resolution processes, including administrative hearings, individual adjudication by a trained official, or a review of written materials. While these cases are not handled under Title IX, they are still subject to federal requirements under the Clery Act and the Violence Against Women Act (VAWA).

Accordingly, Millsaps College ensures that all resolution processes provide:

• A fair and impartial investigation and outcome;
• Equal opportunity for both parties to participate;
• Trained officials overseeing the process;
• Simultaneous written notification of outcomes and appeal rights.

These procedures are designed to support a safe, respectful campus environment and to ensure that all parties are treated with dignity throughout the process.

If you have experienced Prohibited Sexual Harassment—or if you’re unsure whether your experience falls under this policy—you have the right to seek help and file a report.

Title IX protects students from sex-based discrimination in education programs and activities in the United States. This includes:

• Sexual harassment (including quid pro quo and hostile environment)
• Sexual assault
• Dating or domestic violence
• Stalking
• Discrimination based on pregnancy or related conditions

Note: Even if your experience does not meet the legal definition of Title IX Prohibited Sexual Harassment, the college may still be able to help through other policies.

Filing a report does not necessarily mean you are committing to a formal complaint and/or a formal investigation. It simply informs the Title IX Office about your situation, so they can:

• Provide support options
• Explain your rights and choices
• Offer supportive measures
• Discuss whether you wish to file a formal complaint
• When applicable, connect you with appropriate staff for conduct related matters

The Title IX Coordinator can launch the formal process as the Complainant when necessary to protect campus safety.

You may file a report in any of the following ways:

• Online: One may submit a report via the online form by clicking here.
• Email or Phone: Contact the Title IX Coordinator at [email protected] or 601-974-1200.
• In Person: Schedule an appointment with the Title IX Coordinator.
• Meet with a Mandatory Reporter: Faculty, staff, coaches, Resident Assistants, Ford Fellows, Pathways Peers, and lab assistants with teaching responsibilities serve as mandatory reporters. They can assist with directing you to the appropriate resources and the submission of a report. Again, they are obligated to submit a report when made aware of potential infractions to Title IX policies.

One may also file anonymously, though this may limit the College’s ability to respond fully.

Reporting to Campus Safety and Local Law Enforcement

Millsaps College encourages individuals to report incidents of Prohibited Sexual Harassment to the Office of Campus Safety and/or local law enforcement officials. Timely reporting to the police is an important factor in successful investigation and prosecution of crimes, including sexual violence and may lead to the arrest of an offender or aid in the investigation of other incidents.

 An individual has the right to choose whether to file a police report. Filing a police report can result in the investigation of whether sexual violence or related crimes occurred and the prosecution of those crimes against a perpetrator. Filing a report does not mean one is pressing charges, rather it ensures there is a record should one decide to proceed with charges later.

Campus safety employees are college employees and therefore are obligated to promptly report incidents of conduct prohibited by this policy of which they become aware during the scope of their work. Campus Safety employees will submit a report to the Title IX Coordinator regardless of whether the individual who experienced the alleged conduct chooses to do so.

Retaliation

Millsaps strictly prohibits retaliation against any member of its community for reporting an incident of conduct prohibited by this policy or for participating, in any manner, in an investigation or hearing related to a report ofprohibited by this policy. The college considers such actions to be protected activities in which all members of the Millsaps community may freely engage. Members of the community are prohibited from engaging in intimidation, coercion, discrimination, threat, or other adverse action taken against another person due to their participation or potential participation, in any proceeding under this policy.

The Millsaps community is strongly encouraged to report any alleged incident of retaliation under this policy to the Title IX Coordinator or member of the Title IX team, so the matter may be reviewed and addressed.

Amnesty of Complainants and Witnesses

Students may report conduct prohibited by this policy to the college without fear of self-incrimination concerning minor campus violations, including alcohol, drug and/or residence hall visitation policies. This limited amnesty is intended to encourage reporting of sexual harassment and related misconduct and does not extend to more serious or repeated violations of College policy.

Supportive measures are individualized services offered as appropriate to either or both the reporting and responding parties involved in an allegation of Prohibited Sexual Harassment, prior to or during a formal investigation, during any informal processes, and after an investigation concludes. Supportive measures are not punitive in nature and are reasonable and based on the context and resources available. These may include, but are not limited to:

• Counseling
• Course-related extensions
• Modifications to work and housing assignments (when possible)
• Coordination with law enforcement
• Campus escort services
• Restrictions on contact between the parties.

It may be appropriate for the College to implement supportive measures during the investigation of a complaint and to continue providing them on an ongoing basis after the investigation concludes.

Supportive measures will be individualized and appropriate based on the information gathered by the Title IX Coordinator, making every effort to avoid depriving any student of their education. The measures needed by each party may change while participating in the College’s programs and activities and the Title IX Coordinator will communicate with parties throughout an investigation to ensure that any supportive measures are necessary and effective based on the parties’ evolving needs.

As noted, an individual may request to receive support—including the measures mentioned in this section—even if they choose not to participate in the college’s formal complaint or informal resolution process.

Community Resources

Center for Violence Prevention
P.O. Box 6279
Pearl, MS 3208
601-932-4198 (24-hours)
1-800-266-4198
msc4vp.org

Mississippi Coalition Against Sexual Assault
888-987-9011
800-656-HOPE (24-hours)
mscasa.org

Jackson Police Department*
327 East Pascagoula Street
Jackson, MS 39205
Off-campus: 601-960-1234
jacksonms.gov/departments/Jackson-police-department/

Capitol Police Department*
501 North West Street
Jackson, MS 39201
Off-campus: 601-359-3125
dps.ms.gov/capitol-police

*Call Millsaps Campus Safety at 601-974-1234 and request that Jackson or Capitol Police be contacted.

Medical Resources

University of Mississippi Medical Center*
2500 North State Street
Jackson, MS 39216
601-984-1000

*Sexual assault nurse examiners (SANE) are on site. Physical Evidence Recovery kits (P.E.R.K.) are available so evidence may be collected.

Crossroads Clinic—Mississippi State Department of Health**
Jackson Medical Mall
350 W. Woodrow Wilson Avenue
1st Floor-Suite 4545
601-432-3231
cdc.gov/sti

**Free STI/STD testing and treatment. Walk-ins welcome or call for an appointment.

Campus Resources

Office of Campus Safety
New South Hall, Atrium
601-974-1234 (24-hours dispatch)
601-974-1180 (Administrative Office)

Counseling Services (confidential)
A. Campbell College Center
Top Floor
[email protected]

Office of the Chaplain (confidential)
Selby & Richard McRae Christian Center
[email protected]

Wesson Health Center (confidential)
A. Boyd Cambell College Center
Lower Level
[email protected]

Confidentiality is limited by law and College policy. When potential criminal conduct or health and safety concerns arise, confidential resources may be required to share information with College officials, law enforcement, emergency responders, or other appropriate authorities without the reporting party’s consent.

The following terms and definitions are important components of Title IX. Criminal and other applicable state laws may use different definitions of these terms. The definitions are intended to give meaning to these terms in the context of the Millsaps community.

Coercion: Includes unreasonable pressure for sexual activity. When someone makes clear they do not want to engage in sexual behavior, that they want to stop, or that they do not want to go beyond a certain point, continued pressure can be coercive.

Complainant: Individual who is reported to have experienced prohibited conduct, regardless of whether the individual makes a report or seeks disciplinary action.

Complainants may include former students, provided they are participating in or attempting to participate in the institution’s education program or activity at the time of filing a formal complaint.

Confidential employee: An employee of the recipient whose communications are privileged or confidential under Federal or State law.

Dating Violence: Violence committed by a person who is or has been in a romantic or intimate relationship with the victim.

Disciplinary sanctions: Consequences imposed on a respondent following a determination under Title IX that the respondent violated the recipient’s prohibition under this policy.

Domestic Violence: Crimes of violence committed by a current or former spouse or intimate partner, cohabitant, or someone similarly situated.

Formal complaint: A writing submitted by the Complainant or signed by the Title IX Coordinator alleging Prohibited Sexual Harassment against a Respondent that requires a response consistent with the procedures in this policy.

Incapacitation: A state in which an individual lacks the ability to knowingly choose to participate in sexual activity. Signs of incapacitation may include slurred speech, unsteady gait, inability to focus or hold a conversation, vomiting, or unconsciousness. The existence of alcohol or drug use does not automatically indicate incapacitation, but it can be a contributing factor.

Party: Students, employees, agents, or other authorized persons providing aid, benefits, or services under a school’s education program or activity.

Pregnancy or related conditions: Encompasses pregnancy, childbirth, miscarriage, termination of pregnancy, false pregnancy, or recovery from any of these conditions.

Preponderance of Evidence: The standard of evidence used in Title IX investigations; a finding is more likely than not to be true.

Recipient: Educational institutions or organizations that receive federal financial assistance from the U.S. Department of Education.

Relevant evidence: Evidence pertinent to proving whether facts material to the allegations under investigation are more or less likely to be true.

Respondent: Individual who has been accused of Prohibited Sexual Harassment.

Retaliation: Intimidation, threats, coercion, or discrimination against any individual for the purpose of interfering with Title IX rights.

Sex-based harassment: As defined under 34 C.F.R. § 106.30 includes:

1. Quid pro quo harassment by an employee;
2. Unwelcome conduct determined to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access;
3. Sexual assault, dating violence, domestic violence, or stalking, as defined by federal law.

Sexual Assault: A form of sexual harassment that includes any sexual act directed against another person, without affirmative consent of the victim, including instances where the victim is incapable of giving affirmative consent. This includes:

1. Rape: The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without affirmative consent of the victim.
2. Sexual Contact without Affirmative Consent: The intentional touching of the clothed or unclothed body parts without the affirmative consent of the Complainant for the purpose of sexual degradation, sexual gratification, or sexual humiliation. The forced touching by the Complainant of the Respondent’s clothed or unclothed body parts, without the affirmative consent of the Complainant for the purpose of sexual degradation, sexual gratification, or sexual humiliation. This offense includes instances where the Complainant is incapable of giving affirmative consent because of their age or because of temporary or permanent mental incapacity.
3. Incest: Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
4. Statutory Rape: Sexual intercourse with a person who is under the statutory age of affirmative consent, as defined by applicable state law.

Stalking: Engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for their safety or suffer substantial emotional distress. Stalking that is not based on sex is handled through other College processes.

Supportive measures: Non-disciplinary, non-punitive individual services offered to complainants or respondents. These services are provided as appropriate, reasonably available, and without fee or charge. They aim to assist individuals affected by conduct that may constitute sex discrimination, including sexual violence and other forms of Prohibited Sexual Harassment.

Title IX Coordinator: The employee designated to coordinate the recipient’s compliance efforts under Title IX.

Third party: Individual who is not a Millsaps College student, faculty member, or staff member (e.g., vendors, alumni/ae, or visitors).

Witness: Individual who may have information relevant to a report of Prohibited Sexual Harassment. A witness may be a student, an employee, or a third party.

Confidentiality and Privacy of Reports

Confidentiality will be maintained except:

• As permitted by the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. § 1232g, and its implementing regulations at 34 C.F.R. Part 99;
• As required by law or when legally subpoenaed;
• As necessary to fulfill the requirements of an investigation, hearing, or judicial proceeding under the policy; or
• In instances where there is an immediate and serious threat to someone’s health, safety, or property or to others in the college community.

This means that Millsaps College will protect the privacy of all parties involved to the extent possible but may share information with College officials who have a legitimate need to know in order to process and respond to complaints appropriately.

Confidentiality is not absolute. In circumstances involving potential criminal conduct or where there is a concern for the health or safety of any individual or the broader campus community, Millsaps College may be required to take steps that include sharing information with law enforcement, emergency responders, or other appropriate entities—even without the consent of the reporting individual.

Confidential Resources at Millsaps College

Counselors and medical providers working for or on behalf of Millsaps College are considered Confidential Resources. In most situations, these individuals:

• Will not disclose the content of conversations, or even the fact that such conversations occurred, without the individual’s express permission.
• Are not obligated to report incidents of sexual harassment or sexual misconduct to the College for formal action, unless the individual chooses to do so.

Confidential Resources may include:

• Millsaps College Counseling Services
• Campus Health Services/medical staff
• Ordained clergy or pastoral counselors working in an official capacity

Students, faculty, or staff who wish to discuss concerns confidentially, without triggering a formal report or College action, are encouraged to speak with a Confidential Resource.

Clery Act Compliance and Data Privacy

In accordance with the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, Confidential Resources at Millsaps College do not report personally identifiable information when they learn about a Clery-reportable crime (such as dating violence, domestic violence, stalking, or sexual assault) through a confidential communication.

When required by law, and where appropriate, Millsaps College may include such incidents in statistical reports—without including any identifying details—to fulfill its obligations under Clery and the Violence Against Women Act (VAWA).

Q: To whom do I report concerns of sex discrimination including sexual harassment?

A: Witnesses or complainants may submit information via the online Title IX Report Form. Assistance and advisement may also be sought from any mandatory reporter, including faculty, staff, and Resident Assistants. These individuals are required to inform the Title IX Coordinator of any narratives or concerns to which they are privy.

Students may also contact Patrick Cooper, the Title IX Coordinator, directly at [email protected] or 601-974-1200.

Q: This is overwhelming. Is there someone who can help me understand more about the policy and my options?

A: Yes! The Title IX Coordinator will visit with you to discuss options, supportive measures and your rights. Decisions do not need to be made in one visit.

Q: Is there anyone I can speak to confidentially at Millsaps?

A: Yes, students may reach out to one of three departments for confidential support:

• Counseling Services
  A. Boyd Campbell College Center
  Top Floor
  [email protected]
• Office of the Chaplain
  Selby & Richard McRae Christian Center
  [email protected]
• Wesson Health Center
  A. Boyd Campbell College Center
  Lower Level
  [email protected]

Confidential resources are not required to report incidents of sex discrimination.

It is important to note that reporting to a confidential source will NOT result in any institutional action unless there is a serious or imminent threat of harm or danger to the individual, or others, or there is reported abuse involving a minor.

Q: If I share a report of Prohibited Sexual Harassment with a faculty member or a member of the Millsaps staff, will they be able to keep it confidential?

A: All Millsaps College faculty and staff must report any incident of sexual misconduct or sex/gender harassment to the Title IX Coordinator. Resident Assistants and students with teaching responsibilities are also obligated to submit a report when they have knowledge of or have witnessed misconduct.

Q: If I share a report with another student, may they keep it confidential?

A: Yes, but the college strongly encourages individuals who have been involved in, who know of, or who have witnessed incidents of Prohibited Sexual Harassment to submit a report as soon as possible.

Again, the exception would be Resident Assistants who must submit a report when notified of an alleged incident.

Q: Where do I seek assistance if I have been accused of sex discrimination including Prohibited Sexual Harassment?

A: A student (the respondent) accused of violating this policy should seek assistance from the Title IX Coordinator.

Supportive measures are available for both the respondent and complainant.

Q. Do I have any protections provided by the college as a complainant or a respondent to an accusation?

A: Yes. It’s important to know that both parties have rights and will be afforded supportive measures. Students are encouraged to read the tab titled Rights of the Complainant/Respondent.

Q: Can I report an incident and choose not to be involved in the process any further?

A: Yes, a report can even be made anonymously, though it is important to note that anonymity can limit the college’s response.

Complainants are encouraged to meet with the Title IX Coordinator. After submitting a report, you may:

• choose to end your involvement in the process;
• choose to be or not to be involved in the college’s investigation and any related proceedings;
• choose to file a formal complaint and proceed with an investigation and formal hearing against the respondent or opt to participate in the Informal Resolution process.

Any information shared will be handled discreetly, in accordance with legal, institutional, and procedural obligations.

Q: Why does the school use a different standard of proof than a court would use?

A: Campus Title IX investigations are not criminal investigations. Criminal investigations are required to use what’s referred to as the “beyond a reasonable doubt” standard, which specifies that a verdict of guilty can only be returned if the facts demonstrate an overwhelming body of evidence in favor of the defendant’s guilt. However, Title IX is a non-discrimination statute and not a criminal statute. When it is argued in courts, it is considered civil litigation. Civil litigation carries a lesser standard of proof – the “preponderance of evidence” standard, which holds that the proof must only show that the defendant is more likely than not to be guilty (like a simple majority, 50 percent plus 1 likelihood).

While campus Title IX investigations are not conducted in a courtroom and do not carry the weight of law in the same way, guidance issued on April 4, 2011, by the Office of Civil Rights instructs administrators to use the same standard of evidence as provided in civil litigation suits involving discrimination. If a claimant were to choose to pursue criminal sexual assault charges, they would be held to the higher “beyond a reasonable doubt” standard, which requires a greater level of evidence to prove guilt. Because of that difference, a respondent may be found responsible of unlawful sexual harassment under Title IX by the college’s investigation even if the police do not have sufficient evidence of a criminal violation.

Q: If I have been sexually assaulted, why should I seek medical attention?

A: If you’ve experienced sexual assault, getting medical attention as soon as possible is recommended. This is for your health, your safety, and understanding of your options moving forward. It is important to make sure you are physically okay, evidence can be collected (if you want), you understand choices available to you, and you have the support of trained individuals who can assist without judgement, pressure, or bias.

Q. Where should I go for medical assistance?

A. It is recommended that you go to the University of Mississippi Medical Center (UMMC).

When triaged, you should request a trained Sexual Assault Nurse Examiner (SANE). These nurses specialize in conducting exams for survivors of sexual assault. They will meet with you for a brief interview during which they will collect your health history, identify any areas you may have injuries, review what will happen during the exam, and answer any questions you may have.  If you choose to proceed, the SANE will perform an examination that may include any of the following, dependent on the circumstances of your assault: a full-body examination, including internal examinations of the mouth, vagina, and/or anus. It may also include taking samples of blood, urine, swabs of body surface areas, and sometimes hair samples. The nurse may take pictures of your body to document injuries and the examination. With your permission, they may also collect items of clothing, including undergarments. Any other forms of physical evidence that are identified during the examination may be collected and packaged for analysis, such as a torn piece of the perpetrator’s clothing, a stray hair, or debris. You will be offered prevention treatment for STIs and other forms of medical care that may require a follow up appointment with a medical professional.

Q: What if I don’t want to pursue a criminal case or get the police involved?

A: The decision to report the crime is entirely yours. It may take some time to decide what to do. Having a sexual assault forensic exam ensures that the forensic evidence will be safely preserved if you decide to report to law enforcement at a later time.

Also, while you may not initially be interested in pursuing a criminal case, a report can still be filed with Capitol Police or the Jackson Police Department. A case number will be provided in the event you wish to press charges at a later date.

Q: Where can I get tested for an STI/STD?

A: One can go to the Crossroads Clinic operated by the Mississippi State Department of Health. The clinic is located at 350 W. Woodrow Wilson Avenue in the Jackson Medical Mall. Free STI/STD testing and treatment are available.

Walk-ins are welcome, or one may call 601-432-3231 for an appointment.

Q: What happens if a guest from another school engages in Prohibited Sexual Harassment against a Millsaps student?

A: Millsaps encourages all members of its community to report harassment, discrimination, or sexual violence to the Title IX Office immediately, regardless of the respondent’s affiliation. In such cases where the respondent is not a student or employee of Millsaps, the College will work with the student or employee to ensure that they receive medical attention and support services. The Title IX Office and Office of Campus Safety can assist the student with filing a police report, obtaining orders of protection, or discuss the possibility of a No Trespass Order to ensure the respondent does not return to Millsaps campus.

Millsaps does not have any legal authority to discipline a non-Millsaps student or employee or monitor or intervene in another institution’s Title IX process.

The College provides training, awareness, and prevention programs to help prevent sexual misconduct within the Millsaps community. Programming is designed to be culturally relevant, trauma-informed, inclusive, sustainable, research-informed, and responsive to community needs, addressing risk and protective factors at individual, relationship, institutional, community, and societal levels. Investigators receive annual training, and adjudicators are trained on issues related to sexual misconduct, investigation, and resolution.

In accordance with Section 106.45(b) of the 2020 Title IX regulations, all materials used to train Title IX Coordinators, investigators, decision-makers, and facilitators of informal resolution processes are publicly available on the College’s website.

• Pre-August 2023: Training through Thompson Coburn LLP
• August 2023: Title IX training for all new students
• December 2023: Training for investigators and hearing panelists
• February 2024: Title IX compliance training with spring athletes and coaches
• August 2024: Title IX training for Resident Assistants
• August 2024: Title IX training for all new students
• August 2024: Title IX compliance training with fall athletes and coaches
• January 2025: Title IX compliance training with spring athletes and coaches
• July 2025: Grand River training for TIX Coordinator, Deputy Coordinators, and investigators
• August 2025: Title IX training for Department of Athletics
• August 2025: Title IX training for Resident Assistants
• August 2025: Title IX training for all new students
• August 2025: Title IX Compliance Training with fall athletes and coaches

Millsaps College maintains a 7-year retention period for all records including, training materials, supportive measures, and hearing recordings.

Complainant’s Rights

Complainants have:

1. The right to be treated with respect by college officials;
2. The right not to be discouraged from reporting by college officials;
3. The right to be informed of the outcome and sanction of any disciplinary hearing involving sexual assault, without condition;
4. The right to be informed of their options to notify proper law enforcement authorities, including on-campus and local police, and the option to be assisted by campus authorities in notifying such authorities, if the student so chooses. This also includes the right not to report, if this is the victim’s desire.
5. The right to supportive measures that are reasonable and based on the context and resources available. These may include, but are not limited to, counseling, no-contact orders, course related extensions, modifications to work and housing assignments, leaves of absence, escorts by Campus Safety, and protection from retaliation,
6. The right not to have irrelevant prior sexual history admitted in a campus hearing;
7. The right of both accuser and accused to have the same opportunity to have others present (in support or advisory roles) during a formal hearing;
8. The right not to have incidents of non-consensual sexual intercourse and non-consensual sexual penetration mediated (as opposed to adjudicated);
9. The right to make a statement at the sexual misconduct hearing and to have that statement considered by the panel in determining responsibility and sanctions;
10. The right to have complaints of Prohibited Sexual Harassment responded to promptly and with sensitivity by college officials;
11. The right to voluntary informal mediation;
12. The right to appeal the outcome of a Prohibited Sexual Harassment hearing if:
    a. The complainant believes a procedural error occurred, which may change or affect the outcome of the decision;
    b. The party has substantive new evidence that was not available to the investigator or the parties at the time of the hearing and that may change the outcome of the decision;
    c. The party feels that the severity of the sanction is inappropriate given the details of the case.

Respondent’s Rights

Respondents have:

1. The right to be treated with respect by college officials;
2. The right to be given written notice of any charges of alleged violations of Millsaps’ Policy;
3. The right to supportive measures that are reasonable and based on the context and resources available. These may include, but are not limited to, counseling, no-contact orders, course related extensions, modifications to work and housing assignments (when possible), leaves of absence, escorts by Campus Safety, and protection from retaliation,
4. The right to be advised of and review the evidence associated with the case to the extent permitted by law;
5. The right to request a delay of a hearing or conference due to extenuating circumstances, provided that the grant of such request is in the discretion of the Title IX Coordinator;
6. The right to challenge the objectivity of the sexual misconduct Hearing panel’s members upon the belief that a bias or conflict of interest may exist;
7. The right to admit responsibility for any or all charges of alleged violations of the Policy;
8. The right to decline to make statements;
9. The right to present their version of the events in question;
10. The right to have witnesses present factual information on their behalf;
11. The right to be advised by and/or receive assistance in preparing their case from an Advisor prior to any hearing or conference;
12. The right to be accompanied by a Supporter; and
13. The right to appeal the outcome of a Prohibited Sexual Harassment hearing if:
    a. The respondent believes a procedural error occurred, which may change or affect the outcome of the decision;
    b. The party has substantive new evidence that was not available to the investigator or the parties at the time of the hearing and that may change the outcome of the decision;
    c. The party feels that the severity of the sanction is inappropriate given the details of the case.