Title IX

​Dear University of the Ozarks Students:

This page is intended to provide information regarding University of the Ozarks Title IX policy and the procedures and resources available to students, faculty, and staff of University of the Ozarks. The Title IX policy applies to both on-campus conduct and off-campus conduct that affects students and employees of University of the Ozarks. Vendors, independent contractors, visitors, and others who conduct business with University of the Ozarks or on University of the Ozarks property are also expected to comply with this policy.

Thank you for your interest in promoting a community of mutual trust and respect, and an environment free from sexual misconduct.

Sincerely,

Luke Morrill
Dean of Students
Title IX Coordinator

What is Title IX?

Title IX of the Education Amendments was passed by the U.S. Congress on June, 1972, and signed into law on July 1, 1972. It is a federal civil rights law that prohibits sex discrimination in education programs and activities such as:

  • Admissions
  • Housing and facilities
  • Courses and other educational activities
  • Career guidance and counseling activities
  • Financial aid
  • Health and insurance benefits
  • Scholastic, intercollegiate, club, or intramural athletics

Each school must designate at least one employee to evaluate current policy practices to ensure an institution’s compliance with Title IX; coordinate efforts to effectively and efficiently respond to complaints of sex discrimination, including complaints of sexual harassment; and ensure as much as possible that every U of O employee and student has an equal education and employment opportunities.


Sections


Title IX Policy

University of the Ozarks is committed to complying with all requirements of federal and state civil rights acts, including Title VI and VII of the Civil Rights Act and Title IX of the Educational Amendments Act of 1972 in creating a working and learning environment free from all forms of discrimination, including harassment. Every member of the University community should be aware that unlawful discrimination and harassment, either intentional or unintentional of any student, faculty member, employee or third party by another student, faculty member, employee or third party is strictly prohibited by law and University policy. As such, any discrimination on the basis of sex or gender will not be tolerated in any of the University’s work, educational or activities environments. Such discrimination includes, but is not limited to: sexual harassment; sexual assault; sex or gender-based bullying; hazing; stalking; relationship violence (including domestic violence and dating violence); and failure to provide equal opportunity in admissions, activities, employment or athletics.

Members of the University of the Ozarks’ Community, guests and visitors have the right to be in an environment free from all forms of gender/sex discrimination including sexual misconduct.

Failure to comply with Title IX can result in the termination of all or part of the University’s federal funding. This includes grants, subsidies, and other program funds from the federal government.

In addition to the loss of federal funds, the University may be sued by those seeking redress for violations of Title IX.

Therefore, it is essential that institutions receiving federal financial assistance operate in a nondiscriminatory manner. To ensure the university’s compliance with the law, adherence to Title IX regulations is everyone’s responsibility.

Title IX Coordinator

University of the Ozarks’ Title IX Compliance Coordinator is Lucas Morrill, Dean of Students. His office is located in the Seay Student Center. He may be reached via email at lmorrill@ozarks.edu or by telephone at 479-979-1448. The Title IX Coordinator is responsible for monitoring and overseeing implementation of Title IX compliance at University of the Ozarks, including coordinating training, education, communications, and initiating the grievance procedures for faculty, staff, students and other members of the University community, as well as visitors to the campus.

Consent is informed. It is an unambiguous, affirmative, and conscious decision by each person, to engage in mutually agreed upon sexual activity, under circumstances permitting mutually understandable words or actions, actively communicated both knowingly and voluntarily, that clearly convey permission. A person can only give consent where he or she is under no coercion, force, threat, or intimidation. Silence does not mean consent.

Prohibited Acts/Misconduct

Bullying

University of the Ozarks prohibits bullying, defined as a repeated and/or severe, aggressive behavior likely to intimidate or intentionally hurt, control or diminish another person, physically or mentally.

Dating Violence

Intentional use of physical, sexual, verbal, or emotional abuse by a person to harm, threaten, intimidate, or control another person who is or has been in a social relationship of a romantic or intimate nature.

Discrimination

University of the Ozarks prohibits discrimination in employment or student admissions on the basis of race, color, religion, sex, national origin, age, disability, genetic information, sexual orientation, gender identity, or status as a protected veteran.

Domestic Violence

University of the Ozarks prohibits domestic violence; the use of force in domestic situations that causes bodily injury, threatens to cause bodily harm, or causes any kind of physical contact the other person may regard as offensive or provocative.

Non-Consensual Sexual Conduct

University of the Ozarks maintains a zero-tolerance policy for non-consensual sexual conduct, regardless of the sexual orientation or gender identity of the individuals engaging in sexual activity. Zero-tolerance means the University will remedy all unwelcome or non-consensual conduct of a sexual nature and will impose appropriate and often significant sanctions on community members who violate this policy.

Retaliation

University of the Ozarks prohibits retaliation against an individual who raises concerns under, or complains of violations of, this policy.

Sex Discrimination

Specifically, University of the Ozarks does not discriminate on the basis of sex against any person, including access to its campuses and facilities and in participation in its education services, programs, operations and employment. Sexual harassment, which includes sexual violence, is a form of sex discrimination prohibited by Title IX and institutional policies.

Sexual Harassment

University of the Ozarks prohibits sexual harassment. Sexual harassment means any harassment based on someone’s sex or gender. It includes harassment that is not sexual in nature (for example, offensive remarks about an individual’s sex or gender), as well as any unwelcome sexual advances or requests for sexual favors or any other conduct of a sexual nature, when any of the following is true:

  • Submission to the advance, request or conduct is made either explicitly or implicitly a term or condition of employment, or which has the purpose or effect of interfering with the individual’s education;
  • Submission to or rejection of the advance, request or conduct is used as a basis for employment or educational decisions; or
  • Such advances, requests or conduct have the purpose or effect of substantially or unreasonably interfering with an employee’s work or educational performance by creating an intimidating, hostile or offensive environment.

Sexual Misconduct

University of the Ozarks prohibits sexual misconduct. Sexual misconduct is a broadly defined term includes all forms of gender-based harassment, discrimination, and/or unwelcome behavior of a sexual nature.

Stalking

University of the Ozarks prohibits stalking and takes seriously its obligation to protect the campus community. Stalking occurs when one individual engages in conduct directed at a specific person on the basis of actual or perceived membership in a protected class that is unwelcome, and would cause a reasonable person to feel fear. Stalking occurs when one individual’s repetitive pursuit of another, followed by, harassment and/or interference with the peace and/or safety of another.

Responsible Employees (Faculty and Staff)

Students, faculty and staff should report their concerns to a responsible employee at the University. A responsible employee is a university employee who has the authority to take action to redress an alleged violation of this policy; who has been given the duty of reporting such allegations to the University Title IX Coordinator, or whom an individual could reasonably believe has this authority or duty. Responsible Employees include, but are not limited to:

  • Administrators;
  • Academic advisors;
  • Faculty members, including professors, adjuncts, lecturers, instructors, and teaching assistants;
  • Student services personnel;
  • Graduate research assistants;
  • Student organizations and community advisors;
  • All supervisory personnel; and
  • Human Resources personnel.

Mandatory Reporting Obligations

All members of the university community (students, faculty, staff and visitors to any University premises or University-affiliated activity) are responsible for reporting immediately any Prohibited Acts / Misconduct they experience, witness, or which are communicated to them. Responsible Employees are not confidential reporting resources.

Any member of the University community who becomes aware of possible sexual harassment perpetrated by a University employee must promptly contact the Title IX Coordinator to discuss the matter. Failure to report sexual harassment could result in disciplinary action up to and including termination of employment.

Disclosures to licensed clinical and/or mental health professions (physicians, psychologists, nurses, counselors, and those performing services under their supervision) acting in their professional role are not subject to mandatory reporting requirements Supervisors, Managers & Administrators

University of the Ozarks faculty members, supervisors, student services staff, and anyone else employed by the University who have supervisory, administrative, and instructional or advising responsibilities must notify the Title IX Coordinator immediately about matters of possible Prohibited Acts / Misconduct. Failure to report such conduct could result in immediate termination.

Abuse or Suspected Abuse of Minors

All employees are required to report abuse or suspected abuse of minors consistent with the law of the state. This generally includes reporting immediately to law enforcement and to the state’s child welfare agency.

General Reporting Obligations

All students, employees, and third parties are strongly encouraged to promptly report any incidents of Prohibited Acts / Misconduct or sexual harassment, engaged in by either students or University employees, to the University’s Title IX Coordinator or other Responsible Employee. Furthermore, all employees and students have a responsibility to:

  • Refrain from retaliation directed against any person for making a good faith report of Prohibited Acts / Misconduct or for participating in any proceeding under the policy; and
  • Provide truthful information in connection with any report, investigation, or resolution of Prohibited Acts / Misconduct under the policy or these procedures.

Filing Complaints

All students, employees, and third parties are strongly encouraged to promptly report any violations of this policy to the University Title IX Coordinator. All students, employees, and third parties may also report incidents of Prohibited Acts / Misconduct to law enforcement, including on-campus and local police (if applicable). The Title IX Coordinator will assist with contacting these authorities if the individual wishes. Individuals may also decline to notify law enforcement of incidents of Prohibited Acts / Misconduct.

An individual who experiences any form of sexual, domestic, or dating violence is encouraged to seek immediate medical care. Also, preserving DNA evidence can be key to identifying the perpetrator in a sexual violence case. Victims can undergo a sexual assault forensic exam (SAFE) to preserve physical evidence. If possible, this should be done immediately, or as soon as practicable. With the examinee’s consent, the physical evidence collected during this medical exam can be used in a criminal investigation. To undergo an exam go directly to the nearest emergency department that provides such services.

Individuals

An individual who experiences any form of Sexual Misconduct should also preserve other evidence relevant to the complained of activity, such as items of clothing, photographs, phone records, text messages, computer records, and other documents.

Responsible Employees

If an employee is a Responsible Employee and receives information about violations of this policy, reporting is required. Responsible Employees have a duty to promptly report all known details of incidents of sex discrimination, sexual harassment, Prohibited Acts / Misconduct, stalking and any other suspected violation of this policy to the University Title IX Coordinator.

Responsible Employees are not confidential reporting resources.

Confidential Reporting Resources

Disclosures to pastoral counselors or licensed clinical and/or mental health professionals acting in their professional roles in the provision of services are not subject to the foregoing mandatory reporting requirements. These employees include pastors, physicians, psychologists, nurses, counselors, and those performing services under their supervision. These employees are encouraged to provide students or employees with information and guidance regarding University reporting options and available resources but will not report or otherwise refer instances of sexual harassment/misconduct to University administrators without the student or employee’s express permission.

Anonymous Reporting

Individuals wishing to remain anonymous can file a complaint in any manner, including by telephone or written communication, with the University Title IX Coordinator. However, electing to remain anonymous may greatly limit the University’s ability to investigate an alleged incident, collect evidence, and/or take effective action against individuals or organizations accused of violating this policy.

Investigations

All reports of discrimination and harassment will be investigated by a designee of the Title IX Compliance Coordinator. While there is no deadline to file a complaint, to promote timely and effective review, the University strongly encourages individuals who believe they have experienced a violation of this policy to come forward promptly with their complaints and to seek assistance from the University. Delays in reporting can greatly limit the University’s ability to stop the violations, collect evidence, and/or take effective action against individuals or organizations accused of violating the policy. Further, the following steps will apply to University Investigations:

  1. After being notified of the allegations, the Title IX Coordinator will begin an investigation (or if applicable, appoint a designated investigator to begin), interview all parties, including witnesses, and review all relevant material. Confidentiality is considered essential to the integrity of the investigation, and disclosure of facts will be limited to what is necessary to conduct a fair and thorough investigation, and will be otherwise protected to the extent reasonably possible under the legal standards that apply.
  2. During the investigation, the accused individual(s) will be notified of the allegation(s). Thereafter, the individual has five business (5) days to submit a statement to the investigator for consideration. This statement should set forth the accused’s response to the allegation(s).
  3. Further, the complainant and accused may have the opportunity to present witnesses and other evidence.
  4. The investigation will be completed as promptly as possible. While the University cannot promise a definitive timeframe for investigating a complaint, generally an investigation will take no more than 60 days to complete.
  5. Upon the completion of the investigation, the Title IX Coordinator, along with the investigator, if applicable, will prepare a written report regarding their factual investigative findings – to include disciplinary recommendations if the accused party is a student. Such reports must be directed to: (1) the Director of Human Resources if the party is an employee; or (2) the Assistant Provost if the party is a student. Thereafter, and based upon the written report, the Director of Human Resources shall make disciplinary and other recommendations to the President the related party is an employee. Similarly, the Assistant Provost shall make disciplinary and other recommendations to the Provost if the related party is a student.
  6. Both the complainant and the accused will be informed, in writing, of the outcome of the complaint within 3 business days of the determination.
  7. The University will take reasonable steps to prevent the recurrence of the violation.
  8. The University will take all necessary steps to remedy the discriminatory effects on the victim(s) and others. Examples of such victim sensitive remedies may include: order of no contact; residence hall relocation; adjustment of schedule, etc. These remedies may be applied to one, both or multiple parties involved. Both parties have the right to be accompanied by an advisor of the individual’s choosing during all meetings, proceedings, and/or disciplinary hearings at which the individual is present. The role of the advisor will be limited to being present only; advisors are not allowed to actively participate in the process.

Good-Faith Complaints

However, if after investigating any complaint of harassment or unlawful discrimination, the University determines the complaint is not bona fide and was not made in good faith or that false information has been provided regarding the complaint, disciplinary action may be taken against the individual who filed the complaint or who gave false information.

Privacy and Confidentiality

All University of the Ozarks’ resources listed in this policy are committed to preserving student, faculty and employee privacy and confidentiality. Although, under certain circumstances, information may need to be shared with other University individuals and authorities, in order to provide for the individual’s safety, effective completion of the investigation, and/or to provide for the safety of the campus community, and to the extent allowed by law.

Appeals Process

If any party to the investigation disagrees with the findings, they may file a written appeal within three (3) business days of receipt of the findings. Employees must direct their appeals to the Director of Human Resources. Students must direct their appeals to the Assistant Provost. All appeals will be reviewed and a final determination made within ten (10) business days of receipt of the appeal.

Reporting Options

University of the Ozarks encourages individuals affected by sexual misconduct to report the incident as soon as possible. University of the Ozarks is committed to protecting the privacy of all persons involved in a report of sexual misconduct or harassment. However, University of the Ozarks’ ability to maintain complete confidentiality may be affected by its responsibility to protect the safety of its campus and its obligation to keep an environment free from sex and gender-based discrimination and harassment. Outlined below are the reporting options for individuals and the confidentiality that applies to each.

Confidential Reporting Options

Disclosures to pastoral counselors or licensed clinical and/or mental health professionals acting in their professional roles in the provision of services are not subject to the foregoing mandatory reporting requirements. These employees include pastors, physicians, psychologists, nurses, counselors, and those performing services under their supervision. These employees are encouraged to provide students or employees with information and guidance regarding University reporting options and available resources but will not report or otherwise refer instances of sexual harassment/misconduct to University administrators without the student or employee’s express permission.

Students who wish to discuss a situation in complete confidence should notify only pastoral counselors or licensed clinical and/or mental health professionals acting in their professional roles or off-campus confidential resources, such as the Ozarks Rape Crisis Center. Faculty and staff who wish to discuss a situation in complete confidence should seek off-campus confidential resources or discuss available resources with the Director of Human Resources.

Responsible Faculty and Staff Reporting Options

With the exception of confidential resources, all other University staff and faculty who receive a report of sexual misconduct or harassment are required to elevate the report to the Title IX Coordinator for investigation and response. Please be aware that all U of O employees, including professional staff, faculty, coaches, and certain student staff, such as Resident Assistants, are considered responsible faculty and staff and must report cases of sexual misconduct to the Title IX Coordinator. The Title IX Coordinator will ensure that the University responds to all reports in a timely, effective and consistent manner.

All University of the Ozarks’ resources related to Title IX and sexual misconduct policies are committed to preserving student, faculty and employee privacy and confidentiality. Although, under certain circumstances, information may need to be shared with other University individuals and authorities, in order to provide for the individual’s safety, effective completion of the investigation, and/or to provide for the safety of the campus community, and to the extent allowed by law.

Ways to File a Report

  • Public Safety: The opportunity to file a report with the University is available 24 hours a day, 7 days a week by calling Public Safety at 479-979-2020.
  • Title IX Coordinator: The Title IX Coordinator is available to receive a report of sexual misconduct.
  • Local Law Enforcement: A reporting party may file a report with the Clarksville Police Department or other law enforcement agency (depending on location of incident).

The University’s Title IX Sexual Misconduct Policy is independent of civil and criminal processes and may be carried out prior to, simultaneously with, or following civil or criminal proceedings off‐campus. The University process and the criminal justice process are two separate and independent courses of action. If a reporting party wishes to file a report with law enforcement, a U of O staff member is available to assist.

Title IX Coordinator

University of the Ozarks has a designated Title IX Coordinator to oversee its response to all reports of sexual misconduct and, conduct training, and coordinate compliance with the mandates of Title IX. Any questions about University of the Ozarks Title IX policies and any reports of sexual misconduct should be directed to the Title IX Coordinator.

Luke Morrill

Dean of Students, University of the Ozarks

  • Office location: Seay Student Center – Student Affairs Suite
  • Telephone number: (479) 979-1448
  • Email address: lmorrill@ozarks.edu

University and Community Resources

If an individual has experience an act of sexual misconduct, the first priority is to get to a safe place and obtain necessary medical attention. University support services are available regardless of whether or not the victim chooses to report the incident to law enforcement. Individuals are strongly encouraged to report the incidents of sexual misconduct to one of the following University resources:

  • Public Safety Office: 479-979-2020, available 24 hours per day/7 days per week
  • Student Affairs Office/Title IX Coordinator: 479-979-1322
  • Human Resources: (faculty/staff), 479-979-

It is important to seek prompt medical treatment after an incident of sexual assault or violence in order to receive preventative treatment for sexually transmitted diseases and to preserve evidence.

  • Johnson Regional Medical Center
    • 1100 E Poplar St
    • Clarksville, AR 72830
    • 479-754-5454
  • Ozarks Rape Crisis Center
    • 715 W Main St
    • Clarksville, AR 72830
    • 479 – 754 – 6869