Information for Faculty and Staff

Supporting Students as a University Employee

If approached by an alleged victim of sexual harassment or sexual violence it is important to be aware that the individual is choosing to tell you about a very traumatic incident. Active listening will be a key skill as well as emotional support, guidance, and direction. The following is recommended when interacting with an alleged victim of sexual harassment or sexual violence:

Address the victim by name.
Introduce yourself by name and position and explain your role at the university. This is also the time to tell the victim of your reporting obligations and whether or not you can maintain confidentiality. Victims of sexual harassment or sexual violence need clear boundaries and role definitions from those professionals who offer help because their personal boundaries have been violated.
- “I need to let you know that I am required to report what you have shared with me to the OSU-Tulsa police department for the purpose of crime statistics. I will not be reporting your name unless you provide consent for me to do so. However, OSU policy and federal laws require that I report all of what you have shared with me to the appropriate university officials [Title IX Coordinator, Student Conduct].”
According to Board of Regents policy, the Campus Police Department should be contacted immediately if the incident happened on campus and the Tulsa Police Department should be contacted if the incident happened off campus.
University employees must notify the office of Student Conduct (918-594-8234) for issues regarding students and Title IX office for issues regarding employees (918-594-8105).
Provide the victim with the student version of the 1 is 2 Many Booklet.
In the case of sexual assault, provide the student with information about the OSU-Tulsa Victim Advocate (918-200-5595) and the DVIS 24 Hour Crisis Line (918-743-5763).
Encourage the student to seek immediate health care through Hillcrest Medical Center or with a personal physician.
Encourage the student to seek counseling. Counseling options are provided through the OSU-Tulsa Counseling Clinic (918-594-8568) and in the community.
Offer information concerning the OSU student conduct process, and the reporting student’s options to file a complaint with the University alleging another student violated University policy.
Offer information to the student concerning accommodations to be made as needed for the student to feel safe and continue in school.
Help the student generate a list of people in her/his life who may be able to provide non-judgmental, confidential support.
If appropriate, make a plan to follow-up with the student.

Guidelines for University Employees

If you are an employee, when an incident of sexual harassment or other crime is reported to you, there are three simple steps that you should follow to ensure that you have fulfilled your obligations.

Inform the individual that you have to report the incident and provide resources.
Get the facts.
Report the incident to the appropriate individuals.

Inform the individual you have to report the incident and provide resources.

Please tell the person reporting the incident to you that you must report what happened. For example:

“I need to let you know that I am required to report what you have shared with me to the Campus Police for the purpose of crime statistics. I will not be reporting your name unless you provide consent for me to do so. However, OSU policy and federal laws require that I report all of what you have shared with me to the appropriate university officials [Title IX Coordinator, Student Conduct].”

There is a distinct difference between what the Clery Act requires university officials report to Campus Police and what Title IX requires university officials to report internally.

When reporting to Campus Police, the Clery Act generally does not require the victim’s name unless the victim consents. More information and even revealing the victim’s name is sometimes necessary in order to maintain a safe learning environment. If more information is needed after you report, you might be asked to follow up with the victim or ask the victim permission to share their name so the police can follow up with the individual.

The data compiled at the end of the year in the annual security report contains no names of the victims or perpetrators.

When reporting to the Title IX Coordinator or Student Conduct, Title IX requires that you provide both the victim and alleged individual’s names and details of what you know. The university is required to take immediate and appropriate steps to investigate what occurred and take prompt and effective action to fulfill the following:

End the harassment
Prevent any recurrence
Remedy the effects

The university will not be able to fulfill its federal requirements and maintain a learning environment if you do not share all the information.

Lastly, there are a number of campus and community resources available to victims of crimes. Please inform the individual about his/her option to report directly to law enforcement; however, you should not try to convince the person to speak to the police if they are unwilling to do so.

More information can be found in the OSU-Tulsa Public Safety Guide.

Get the facts.

First, if a crime is currently ongoing or you feel that it is an emergency, call 911.

Assuming that there is not an ongoing emergency, you must first get the facts of the incident. Facts would include the date and time the incident occurred, where the incident occurred, the details of what occurred, and the date it was reported to you. This information is important to determine if this incident has been reported by others.

You do not have to prove what happened or who was at fault; appointed individuals will investigate. In addition, do not try to apprehend the individual accused of a crime.

Report the incident to the appropriate individuals.

After the facts have been collected and the individual has been informed of the report and provided resources, you now must report the incident to the appropriate officials.

If a student is involved, contact Student Conduct at 918-594-8450. When a student is not involved, only faculty and/or staff, call the university’s Title IX Coordinator at 918-594-8105.

Who to Report to about Sexual Violence
Student Involved	Student Conduct & OSU-Tulsa Police Department
No Student Involved	Title IX Coordinator & OSU-Tulsa Police Department
Who to Report to about Sexual Harassment
Student Involved	Student Conduct
No Student Involved	Title IX Coordinator

Reporting for Faculty and Staff (non-student) Instances

Faculty and staff shall report any instances of sexual harassment and sexual violence by another faculty or staff member to the Title IX Coordinator at OSU-Tulsa in Main Hall 1405 or 918-594-8105. The university also strongly encourages individuals to report any instances to Campus Police.

Clery Reporting

University employees’ obligations to report criminal activity extends beyond your obligation to report sexual harassment and sexual violence. Under the Clery Act, university employees are required to report the following crimes to Campus Police:

Stalking
Dating violence
Domestic violence
Aggravated assaults
Hate crimes
Burglary
Motor vehicle theft
Robbery
Arson
Criminal homicide
Arrests and disciplinary referrals for violations of liquor, drug and weapon laws

Definitions of these crimes are provided online at the reporter does not need to make a determination on the specific crime; he or she just needs to report it.

Generally speaking, the Clery Act has exhaustive guidance regarding locations of crimes and what must be reported. In order to simplify this guidance, if you become aware of one of these crimes, on campus, off campus but closely related to the university, or at a university sponsored event, err on the side of caution and report it.

The Clery Act also includes requirements regarding reporting of missing students. Any employee who receives a report of a missing student should call Campus Police immediately.

Faculty and Staff Complaint Process

Formal Complaint Process

All Title IX complaint processes are separate from law enforcement investigations. Even if law enforcement and criminal justice authorities choose not to prosecute a particular incident, the university may still pursue the incident through the Title IX complaint process.

We want all participating parties to be knowledgeable about the process that occurs once a complaint is filed with Title IX. The following describes the investigation process, the hearing, and the outcome of the hearing. Title IX and Student Support & Conduct staff will be available to explain the process as requested. The complaint process will be prompt, fair, and impartial. This means that the process will be completed within a reasonable timeframe and without undue delay. The process will be conducted in a manner that is consistent with the university’s policies and will be transparent to all parties. The victim that submits the complaint is referred to as the complainant. The alleged individual is referred to as the respondent. Lastly, the Title IX complaint process will be conducted by university officials who do not have conflict of interest or bias for the complainant or respondent.

Filing a Formal Complaint

Formal complaints can be filed online, mail, email, or in person in 700 N. Greenwood Ave, 1405 Main Hall OSU Tulsa, tulsa.titleix@okstate.edu. In order for disciplinary action to be taken, a signed formal complaint must to be filed and the complainant must participate in the investigative and hearing processes.

Investigation

The complainant and respondent will be notified of receipt of the complaint. When the respondent is an employee, the notice will also be provided to the respondent’s supervisor and the appropriate senior administrator.
A university official will separately meet with the complainant and respondent to discuss the complaint submitted, review the investigation and hearing processes.
An investigation will be conducted by a non-biased Investigator. This investigation will include meeting personally with the complainant; meeting personally with the respondent(s); meeting personally with any witnesses; and, reviewing any documentary information.
The investigation will be adequate, reliable, and impartial. The Investigator will compile an investigation report, which will be fact-checked by the complainant and respondent.
The university official will determine if a hearing is possible based on the available information. If it is determined that the university will proceed with a hearing, the complainant and the respondent(s) will be notified of the hearing date.
You are allowed one advisor to be present during the investigation process.

Hearing

Upon the conclusion of an investigation, the Complainant and Respondent will be notified in writing with the name and contact information of a trained Decision Maker assigned to conduct a live hearing that will be recorded by audio or audio visual means. The Complainant and Respondent will be provided the scheduled date, time and location of the hearing, as well as written information regarding the hearing process by the Title IX Coordinator or Designee.
Within ten (10) business days of receipt of the notification, both parties must provide the Decision Maker and Title IX coordinator with the name and contact information of their Advisor for the hearing, supporting evidence and a list of witnesses, if applicable.
The hearing includes opening statements, presentation of the investigation report, presentation of information by complaint and respondent, questions to each party, and closing statements.
Each party is permitted to have a person of their choosing to accompany them throughout the hearing as an advisor. The primary role of the advisor to aid you in recounting your experience. If the case falls under Title IX policy, you are required to have an advisor present in the hearing to ask questions of the other party. If you are unable to obtain an advisor, the university will provide one for you.
Each party is permitted to be present during the hearing (except during deliberations). All parties can be in the same room in a pre-arranged, non-threatening location or in separate rooms with a video conference option.
The standard of proof used in all university conduct hearings is preponderance of the evidence, which means the determination to be made is whether it is more likely than not a violation occurred. This is significantly different than proof beyond a reasonable doubt, which is required for a criminal prosecution.

Outcome

Possible outcomes include the entire range of sanctions listed in the OSU policies concerning employee and student misconduct. When it is determined that sexual violence is more likely than not to have occurred, the outcome can include separation from the university.
Respondents and complainants will be informed simultaneously in writing of the outcome within five business days after the hearing.
Each party has the right to appeal the decision reached through the hearing proceedings within ten business days after the hearing and the right to respond if an appeal is submitted by the other party.