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Article I : Sexual Misconduct Policy & Procedures

Introduction to Sexual Misconduct Policy
Virginia International University (VIU or the university) is committed to maintaining a safe educational and work environment in which no member of the community is, on the basis of sex, gender, sexual orientation, or gender identity, excluded from the participation in, denied the benefits of, or subjected to discrimination in any VIU program or activity.
This policy applies to any form of sex or gender-based discrimination, which includes, but is not limited to, sexual assault, domestic violence, dating violence, stalking, and harassment. The term Prohibited Conduct will be used to refer to all forms of sex and gender-based discrimination.
VIU provides ongoing prevention, awareness, and training programs for employees and students in an effort to:

  • Eliminate, prevent, and address sex discrimination and its effects;
  • Encourage reporting;
  • Make available timely services for those affected by Prohibited Conduct; and
  • To provide the prompt and equitable investigation and resolution of Prohibited Conduct cases.

Any question regarding the interpretation and application of this policy shall be referred to the Title IX & Clery Act Compliance Coordinator. The Title IX & Clery Act Compliance Coordinator may designate a Title IX Deputy Coordinator to serve as the Title IX Coordinator for any procedures outlined in this policy.

Virginia International University does not discriminate on the basis of sex in its education programs or activities. Prohibited Conduct under this policy constitutes sex discrimination prohibited by Title IX of the Education Amendments of 1972 (Title IX), sections of the Violence Against Women Reauthorization Act (VAWA), Title VII of the Civil Rights Act of 1964 (Title VII), the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act), and the Virginia Human Rights Act.

Title IX prohibits sex discrimination in all aspects of university activities and programs. This means that students and employees are entitled to an environment that is free from sex discrimination. Both men and women can be victims of sex discrimination and sex discrimination can occur between members of the same or opposite sex.

Individuals who have been found to have violated this policy will face disciplinary action up to, and including, termination or expulsion. It is the responsibility of every member of the VIU community to create and foster an environment free from sex discrimination. As such, all members of the community are encouraged to take reasonable actions to stop or prevent an act of sex discrimination. Anyone who takes such actions will receive the full support of VIU.

This policy applies to any report of Prohibited Conduct made by or against a student, an employee, a member of the Board of Trustees, or volunteers at Virginia International University, or a third party, regardless of where the alleged Prohibited Conduct occurred so long as the reported conduct:

  1. Is related to or has an adverse effect on VIU’s academic, educational, employment, or extracurricular programs or activities; or
  2. Creates a hostile environment for or has continuing adverse effects on students, employees, or third parties while engaging in academic, education, employment, or extracurricular program or activity.

VIU is able to prohibit third parties from being on campus. However, VIU’s disciplinary authority does not extend to third parties who are not students or employees of VIU. While there is no geographical limitation to invoking this policy, it will be difficult to investigate any Prohibited Conduct that is alleged to have transpired outside of VIU property or a significant distance from VIU.

VIU may choose to adjudicate alleged misconduct or actions that are related to the Prohibited Conduct at issue, even if such misconduct or actions are not, by themselves, governed by this policy. Other Non-Academic Misconduct may be subject to the procedures and policies contained in this policy if the misconduct occurs at the same time as Prohibited Conduct, or is related to Prohibited Conduct.

VIU has designated a Title IX & Clery Act Compliance Coordinator who is responsible for the oversight of this policy and any procedures related to it. The Title IX & Clery Act Compliance Coordinator is responsible for overseeing and resolving all Title IX reports, as well as identifying and addressing any patterns or systemic concerns that arise during the review of such reports. The Title IX & Clery Act Compliance Coordinator evaluates trends on campus by using information reported and provides campus wide training and education programs and other remedial actions designed to eliminate Prohibited Conduct, prevent its recurrence, and address its effects.  For any questions or concerns regarding Title IX, please email This email address is being protected from spambots. You need JavaScript enabled to view it..   

Title IX Coordinators and Deputy Title IX Coordinators serve as designees of the Title IX & Clery Act Compliance Coordinator in any case where there is a conflict of interest that would prohibit the Title IX & Clery Act Compliance Coordinator from providing fair and impartial oversight.

Title IX Coordinator
Caitlin G. Myron
Title IX & Clery Act Compliance Coordinator
Village Drive, 3rd Floor
Telephone: (703) 591-7042 Ext. 379
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.
Title IX Coordinator
Christina Koonts
Associate Vice President, Institutional Effectiveness & QA
Village Drive, 3rd Floor
Telephone: (703) 591-7042 Ext. 318
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.
Title IX Coordinator
Rebecca Yu
Director of Human Resources
Village Drive, 3rd Floor
Telephone: (703) 591-7042 Ext. 338
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.
Title IX Coordinator
Hali Dayberry
Student Affairs Coordinator
Village Drive, 3rd Floor Student Center
Telephone: (703) 591-7042 Ext. 395
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

Virginia International University prohibits all types of sexual misconduct and sex discrimination. Such conduct is referred to as “Prohibited Conduct” in this policy. Prohibited Conduct has been broadly defined to include any unwelcome conduct of a sexual nature. The university will review all allegations of Prohibited Conduct on a case-by-case basis, in the totality of the circumstances.
Prohibited Conduct is listed in alphabetical order and defined below.1

Complicity
Complicity is any action taken with the intent or purpose of aiding, facilitating, promoting, or encouraging an act of Prohibited Conduct by another person or persons.

Dating Violence
Dating violence is violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. Dating violence includes sexual, emotional, or physical abuse, or the threat of such abuse. Dating violence may include any of the Prohibited Conduct contained in this policy, including physical assault.

Physical Assault is threatening to or causing physical harm or engaging in other conduct that threatens or endangers the health or safety of another person. Dating violence can include the use or threat of physical force or restraint carried out with the intent of causing pain or injury to another.

The existence of a social relationship of a romantic or intimate nature shall be determined based on the following factors:

  1. The reporting party’s statement;
  2. The length of the relationship;
  3. The type of relationship; and
  4. The frequency of interaction between the persons involved in the relationship.

Dating violence does not include any acts covered under the definition of domestic violence.

Below are examples of behavior that may be dating violence:

  • Physical Abuse: hitting, slapping, kicking, hurting or killing pets, denying medical treatment, throwing things, interrupting sleep, or shoving.
  • Sexual Abuse: being forced to have sex, being afraid to say no to sex, violence or name calling during sex, or denying contraception or protection from sexually transmitted diseases and infections.
  • Emotional Abuse: constant put downs or criticisms, name calling, minimizing abuse or blaming the victim for their behavior, isolating the victim from friends and family, or monitoring where you go and who you talk to.
  • Financial Abuse: being given an allowance, hiding assets and money, or interfering with your job.

For more information about dating violence, visit the National Network to End Domestic Violence’s website.2

Domestic Violence
Domestic violence is defined as violence committed by

  1. a current or former spouse or intimate partner of the victim; or
  2. a person whom the victim shares a child in common; or
  3. a person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner; or
  4. by any other person against an adult or minor who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred.

To be considered domestic violence the relationship between the victim and perpetrator must be more than two people living as roommates. They must be current or former spouses, or have or had an intimate relationship.

Domestic violence includes sexual, emotional, or physical abuse, or the threat of such abuse. Domestic violence may include any of the Prohibited Conduct contained in this policy.

Physical Assault is threatening to or causing physical harm or engaging in other conduct that threatens or endangers the health or safety of another person. Domestic violence can include the use or threat of physical force or restraint carried out with the intent of causing pain or injury to another.
Below are examples of behavior that may be domestic violence:

  • Physical Abuse: hitting, slapping, kicking, hurting or killing pets, denying medical treatment, throwing things, interrupting sleep, or shoving.
  • Sexual Abuse: being forced to have sex, being afraid to say no to sex, violence or name calling during sex, or denying contraception or protection from sexually transmitted diseases and infections.
  • Emotional Abuse: constant put downs or criticisms, name calling, minimizing abuse or blaming the victim for their behavior, isolating the victim from friends and family, or monitoring where you go and who you talk to.
  • Financial Abuse: being given an allowance, hiding assets and money, or interfering with your job.

For more information about domestic violence, visit the National Network to End Domestic Violence’s website. 3

Providing False Information
Any individual who knowingly submits a complaint that is not in good faith or provides false or misleading information in any review, investigation, or resolution of a complaint will be subject to disciplinary action.

Retaliation
Retaliation includes threatening, intimidating, harassing, coercing, or any other conduct that would discourage a reasonable person from engaging in any activity that is protected under this policy. The presence of retaliation is not dependent on a finding of “responsibility” for any allegations of Prohibited Conduct. Under this policy, retaliation means any adverse action taken against a person for making a good-faith report of Prohibited Conduct or participating in any procedure under this policy.

Retaliation may include the following types of behavior; however, it is not limited to these examples:

  1. Any action such as an assault or unfounded institutional complaints, civil or criminal charges that are likely to deter reasonable people from engaging in their rights or seeking assistance;
  2. Actions that effect the academic standing of a student;
  3. Employment actions such as refusal to hire, denial of promotion, or termination; and
  4. Other actions effecting a person’s employment, academic, or school-related activities such as threats, unjustified negative evaluations, unjustified negative references, or increased surveillance or supervision.

Retaliation does NOT include:

  1. Annoyances and petty snubs;
  2. Stray negative comments in an otherwise positive or neutral evaluation;
  3. Slighting a colleague;
  4. Not talking to a student;
  5. Negative comments that are justified by a student or employee’s poor academic or work performance or history; or
  6. Good faith actions lawfully pursued in response to a report of Prohibited Conduct.

Any retaliation against any person who raises an allegation of Prohibited Conduct, cooperates in an investigation, or opposes discriminatory practices is strictly prohibited under this policy and is a violation of federal law. VIU considers acts or threats of retaliation to be a serious violation of this policy. Violations of this prohibition will be addressed through this policy and potentially other VIU disciplinary procedures, as deemed appropriate by VIU.

Anyone who believes they have been subjected to retaliation because of making a report or assisting in an investigation of this policy, should file a report with a Title IX Coordinator.

Any other allegations of retaliation that are not related to this policy should be immediately reported to Human Resources by emailing This email address is being protected from spambots. You need JavaScript enabled to view it. or Student Affairs by calling (703) 591-7042 ext. or emailing This email address is being protected from spambots. You need JavaScript enabled to view it..

Sexual Assault
Sexual assault is actual or attempted sexual contact, however slight that contact is, with another person without that person’s consent. Sexual assault includes, but is not limited to:

  1. The intentional touching of another person’s intimate parts without that person’s consent;
  2. Other intentional sexual contact with another person without that person’s consent;
  3. Coercing, forcing, or attempting to coerce or force a person to touch another person’s intimate parts without that person’s consent; or
  4. Penetration, no matter how slight, of
    1. the vagina or anus of a person by any body part of another person or by an object, or
    2. the mouth of a person by a sex organ of another person or an object, without that person’s consent.

Consent
Consent is knowing, voluntary, and clear permission by word or action, to engage in mutually agreed upon sexual activity. Consent can be withdrawn at any time during a sexual act or encounter. Silence does not establish consent. The absence of resistance does not establish consent. There is no consent when there is force, expressed or implied, or when coercion, intimidation, threats, or duress is used.

Past consent to sexual activities does not imply ongoing or future consent. Current or previous dating relationships do not imply consent. Consent to one sexual activity is not consent for other sexual activity. Consent to engage in sexual activity with one person does not imply consent to engage in sexual activity with another person. A person’s attire does not constitute consent.

An individual who is under the age of consent cannot consent4. If a person is mentally or physically impaired so that person cannot understand the fact, nature, or extent of the sexual situation, there is no consent. This includes impairment due to drug or alcohol consumption that meets the legal standard of impairment. There is no consent when a person is asleep or unconscious.

Whether a person has taken advantage of a position of influence over another person may be a factor in determining consent.

Stealthing
Engaging in the act of stealthing is a violation of consent. Stealthing is the non-consensual removal of a condom during intercourse, or the purposeful use of a faulty condom. Under this policy stealthing is a form of sexual assault.

Sexual Exploitation
Sexual exploitation occurs when an individual takes advantage of a person in a sexual way for the benefit of anyone other than that person and takes places without that person’s consent. Any sexual exploitation, regardless of the medium in which it occurs, including physical and digital exploitation, shall be treated as an incident of equal severity under this policy.

Examples of behavior that could be considered sexual exploitation:

  • Causing the incapacitation of another person (through drugs, alcohol, or other means) for the purpose of compromising that person’s ability to consent to sexual activity.
  • Prostituting another person.
  • Recording images or audio of another person’s sexual activity, intimate body parts, or nakedness without that person’s consent.
  • Distributing images 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 consent to such disclosure and it is reasonable to assume the person would object to such disclosure. This includes what is referred to as “revenge porn.”
  • Allowing third parties to view private sexual activity from a hidden location or through electronic means (such as Skype, Facebook Live, Snapchat, etc.).
  • 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 consent, and for the purpose of sexual arousal or gratifying sexual desire.
  • Inducing another person to expose their intimate body parts without their consent.
  • Knowingly transmitting or exposing another person to an STI, STD, venereal disease, or HIV.

Sexual or Gender-based Harassment

Sexual Harassment is any unwelcome conduct or harassment of a sexual nature, including but not limited to unwelcome sexual advances; requests for sexual favors; or other conduct whether verbal, nonverbal, physical, or graphic when the conditions outlined below in (a), (b), or (c) are present.

Gender-Based Discrimination is harassment based on a person’s actual or perceived sex or gender, sexual orientation, gender identity, gender expression, or non-conformity with gender stereotypes. This harassment may include intimidation, acts of aggression, or hostility, or other conduct whether verbal, nonverbal, physical, or graphic when the conditions outlined below in (a), (b), or (c) are present.

(a) The submission or rejection of such conduct is explicitly (meaning clearly stated, leaving no confusion or doubt) made a term or condition of a person’s employment, academic standing, or participation in any of VIU’s programs or activities or is used as the basis for any decision affecting the individual;
(b) The submission or rejection of such conduct is implicitly (meaning suggested or not directly expressed) made a term or condition of a person’s employment, academic standing, or participation in any of VIU’s programs or activities or is used as the basis for any decision affecting the individual; or
(c) Such conduct creates a hostile environment.

A Hostile Environment exists when sex discrimination interferes with, limits, or deprives a person from participating or benefiting from VIU’s programs or activities, or interferes with a person’s work or program performance.

A hostile environment can be created by anyone involved in VIU’s programs or activities, such as administrators, faculty members, students, and campus visitors. To determine if the conduct in question has created a hostile environment, VIU will consider the conduct from both a subjective and objective perspective to determine if the conduct is severe, persistent, and pervasive enough to have created a hostile environment. VIU will also need to find that a reasonable person in the same or similar position would have perceived the conduct as undesirable or offensive in order for that conduct to create or contribute to a hostile environment.

To make the ultimate determination of whether a hostile environment exists, VIU will consider a variety of factors related to the severity, persistence, or pervasiveness of the harassment, including but not limited to:

  1. the type, frequency, and duration of the conduct;
  2. the severity and nature of the conduct;
  3. whether the conduct was physically threatening;
  4. the identity and relationships of persons involved;
  5. the number of individuals involved;
  6. the location of the conduct and the context in which it occurred;
  7. whether the conduct interfered with the individual’s educational performance, work performance, or participation in VIU programs or activities and to what degree that interference occurred;
  8. the effect of the conduct on the individual’s mental or emotional state;
  9. Whether the conduct occurred in the context of other discriminatory conduct; and
  10. Whether the conduct raises concerns related to academic freedom or protected speech. 

The more severe the sex discrimination, the less need there is to show a repetitive series of incidents to find a hostile environment. A single occurrence of sexual assault or violence may be sufficient to create a hostile environment. Similarly, a series of incidents may be sufficient even if the incidents are not particularly severe.
Below are examples of behavior that may constitute sexual harassment and gender-based discrimination:

  • Giving someone unwanted gifts of a sexual nature.
  • Displaying sexually suggestive or explicit materials.
  • Sending sexually suggestive or explicit notes, emails, or other communications.
  • Calling someone by a sexually suggestive or demeaning name.
  • Touching someone without their consent.
  • Brushing up against someone repeatedly.
  • Continuing to ask out a person who previously said they are not interested.
  • Exposing your genitals to another person.

Sexual Violence
Sexual violence means physical sexual acts perpetrated against a person’s will or against a person incapable of giving consent.

Stalking
Stalking is engaging in a course of conduct directed at a specific person under circumstances that would cause a reasonable person to fear for their safety or the safety of others, or suffer substantial emotional distress.

Stalking includes “cyber-stalking,” which is a particular form of stalking in which a person uses electronic means such as the internet, social networks, blogs, texts, or other similar devices or forms of contact.

Course of Conduct
Course of conduct means two or more acts, including but not limited to acts in which a person directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property.

Significant Emotional Distress
Significant emotional suffering means significant mental suffering or anguish. A person can suffer from significant emotional distress without seeking or requiring mental health assistance.

Reasonable Person
Reasonable person means a person under the same or similar circumstances and with similar identities to the victim.

Unwelcome Conduct
Conduct is unwelcome if the person did not request or invite it and considered the conduct to be undesirable or offensive.

Unwelcome conduct does not have to include the intent to harm, be directed at a specific target, or involve repeated incidents. Unwelcome conduct can involve persons of the same or opposite sex.

Participation in the conduct or the failure to complain or report the conduct does not mean that the conduct was welcome. The fact that a person welcomed some conduct does not necessarily mean that the person welcomes other conduct. The fact that a person requested or invited conduct on one occasion does not mean that the conduct is welcome in the future.

Unwelcome conduct may take various forms, including, name-calling, graphic or written statements (including the use of cell phones or the internet), or other conduct that may be physically threatening, harmful, or humiliating.

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1.The following definitions are the definitions VIU will use to recognize, classify, and report Prohibited Conduct at an institutional level. These definitions may differ than those of the state of Virginia. Virginia’s laws on sexual and domestic violence can be found here, or accessed here: http://law.lis.virginia.gov/vacode/title18.2/chapter4/
2. National Network to End Domestic Violence’s website can be accessed here: http://nnedv.org/resources/stats.html.

3. National Network to End Domestic Violence’s website can be accessed here: http://nnedv.org/resources/stats.html.
4. The age of consent in Virginia is 15 years of age. The age of consent in Maryland is 16 years of age. The age of consent in the District of Columbia is 15 years of age.

The Campus Sex Crimes Prevention Act (CSCPA) was enacted on October 28, 2000, and is a federal law that requires institutions of higher education to issue a statement advising the campus community where information on registered sex offenders in the state of Virginia can be obtained. In Virginia, convicted sex offenders, and all others who are required, must register with the Virginia State Police. The Sex Offender Registry for the state of Virginia is available here.5
CSCPA also requires sex offenders registered in other states to provide notice to the state of Virginia concerning each institution of higher education that the person is employed or enrolled at within the state of Virginia.

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5. The Sex Offender Registry for Virginia is available here: http://sex-offender.vsp.virginia.gov/sor/index.html

Virginia International University recognizes that there may be circumstances in which a student or employee with a disability may be a victim of Prohibited Conduct, or may be accused of Prohibited Conduct, and will make arrangements to ensure that individuals with disabilities are provided appropriate accommodations, to the extent necessary and available, to aid in understanding and/or complying with this Policy. Any requests for accommodations must be made to the Title IX Coordinator.

VIU respects the privacy of its community members. As such, VIU will make every effort to preserve and protect the privacy of the individuals involved in an incident of Prohibited Conduct. This includes the identities of and information shared by all parties involved in an investigation of an allegation of Prohibited Conduct.

Under this policy privacy and confidentiality are treated differently and have distinct meanings. Strict confidence, and confidentiality, are only available when speaking to Confidential Employees. Confidential Employees cannot reveal information to a third party except when an applicable law or court order requires such a disclosure. Privacy means that the information shared about the alleged Prohibited Conduct will be shared with a limited number of third parties and only when it is deemed absolutely necessary.

Standard of Privacy

In order to comply with FERPA and to provide for the consideration of relevant information without undue intimidation or harassment, the investigation and any information related to the complaint are not available to the general public. Those documents that are prepared or received by VIU, including but not limited to the complaint, written statements, Investigator notes, Interim Measures, ongoing accommodations, and the final report will not be discoverable or disclosed unless required or authorized by law.
Due to privacy being of the utmost importance to VIU, information regarding Prohibited Conduct typically will only be disclosed by VIU personnel as follows:

  1. Responsible Employees must report information regarding any alleged Prohibited Conduct to the Title IX Coordinator as soon as is practical after addressing the needs of the victim. The Responsible Employee must report all relevant details about the alleged Prohibited Conduct that have been shared with them.
  2. VIU personnel must handle information regarding Prohibited Conduct in accordance with applicable local, state, and federal laws.
    1. Under conditions of potential imminent harm to the community, the university may be required by federal law to inform the community of the occurrence of the alleged incident of Prohibited Conduct. VIU will provide the necessary information to protect the community while making every effort to protect the privacy of the parties involved.
    2. Under the Clery Act, anonymous, statistical information regarding Prohibited Conduct will be compiled for data collection.
  3. VIU personnel may report alleged Prohibited Conduct to local law enforcement if warranted by the nature of the allegations.
    1. Pursuant to Virginia state law, in cases in which the alleged Prohibited Conduct would constitute a felony sexual assault, VIU will contact the attorney responsible for prosecuting the crime within 24 hours.
    2. Pursuant to Virginia state law, if VIU determines that disclosure of an act of sexual violence is necessary to protect the health and safety of the victim or other individuals, VIU is required to disclose information to local law enforcement. This disclosure will include personally identifiable information.
  4. VIU administrators will share information regarding alleged Prohibited Conduct, where appropriate and necessary, so as to implement temporary measures, address and resolve the complaint, prevent the recurrence of similar Prohibited Conduct, and address the effects of Prohibited Conduct on the parties and the community.

VIU takes seriously all unauthorized sharing of private information and VIU will take disciplinary action if unauthorized sharing of information occurs. VIU is not responsible for and cannot control disclosures made by students or third parties.

Responsible Employees
Responsible Employees are required by law to report to the Title IX Coordinator all information they receive regarding an alleged incident of Prohibited Conduct as soon as is practical, but the report must be made within 24 hours of receiving the information.

While a Responsible Employee must disclose information to the Title IX Coordinator, they are required to maintain the privacy of the individual and should not disclose any information unless the Title IX Coordinator authorizes such a disclosure.

Responsible Employees are any employees (a) who have the authority to redress sexual violence, (b) who have been given the duty to report to appropriate school officials about incidents of Prohibited Conduct, or any other misconduct by students, or (c) who a student could reasonably believe has the authority or the responsibility.
Failure of a Responsible Employee to report an incident, or incidents, of prohibited Sexual Misconduct that they knew about or should have known about is a violation of this policy and federal law and may result in disciplinary action, up to and including termination of employment.

If an employee has any questions about this policy and its application or is in doubt as to whether certain conduct violates the Sexual Misconduct Policy, they should contact the Title IX & Clery Act Compliance Coordinator. For more information about Responsible Employees, refer to pages 14-15.

Confidentiality & Professional Counselors
Members of the VIU community may discuss any alleged Prohibited Conduct in strict confidence with VIU’s professional, licensed counselors6 who are licensed to provide mental-health counseling. Professional Counselors are not required to report any personally identifiable information about an incident without the individual’s signed permission.
Professional Counselors will provide individuals with information on how to report an incident of Prohibited Conduct to VIU administration, the grievance and disciplinary procedure, their rights, and resources on- and off-campus.

Under Virginia law there are some situations which require a Professional Counselor to disclose some information to the proper authorities. Situations, such as when the alleged Prohibited Conduct involves a minor or there is the threat of imminent physical harm to the individual or others.

VIU will collect non-identifying, aggregate data on an annual basis about incidents of Prohibited Conduct from Professional Counselors so as to identify widespread patterns and issues related to Prohibited Conduct and to include the data in the Annual Security Report required by the Clery Act.

A Professional Counselor is available to all students. For more information visit the Counseling Services website.7 To set up an appointment, email This email address is being protected from spambots. You need JavaScript enabled to view it..

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6. Virginia International University does not have any pastoral counselors or licensed healthcare professionals.

A main priority for VIU is to ensure the safety and security of all campus facilities at all times.  We believe that this responsibility is shared by everyone in the VIU community.  Experiencing prohibited conduct is never the victim’s fault. Only abusers and perpetrators are responsible for the abuse they perpetrate.
The Rape, Abuse, & Incest National Network 8 and VIU encourage individuals to adopt strategies that may reduce your risk and give you the confidence to help others:

  • Be alert and aware. Knowing where you are and who is around you may help you find a way out of a bad situation. Avoid isolated locations when possible because it is difficult to get help when there is no one around.
  • Take precautions after dark. Use the buddy system/have a friend walk with you. If you are by yourself, ask security to escort you. Security is located on the second floor of the Village Drive building.
  • Be careful about posting your location. Many social media sites, like Facebook, Instagram, and Twitter, use geolocation to publicly share your location. Consider turning this option off and adjusting your privacy settings. 9
  • Make others earn your trust. A university environment can create a false sense of security. It may feel like you have found your new best friends, but give people time before relying on them.
  • Have a Plan B. Have plans for potential situations. If your phone dies, do you have several numbers memorized that you could call? Do you have your address memorized? If you drive, is there a spare key?
  • Walk with purpose. Even if you don’t know where you are going, act like you do.
  • Avoid putting headphones in both ears. You will be more aware of your surroundings if you can hear everything going on around you.
  • Protect your drink. Do not leave your drink unattended and try to watch out for your friends’ drinks if possible. If you accidentally leave your drink unattended, throw it out. Only drink from unopened containers or drinks you watch being made.
  • Trust your instincts. If something doesn’t feel right, it probably isn’t.
  • Make a plan. If you are going to a social gathering, go with your friends and people that you trust. Arrive together and plan to leave together. Periodically check-in with each other. You can also share your location with the friends you trust so they will be able to find you, and vice versa. Learn how to share your location with an iPhone10. Learn how to share your location with an Android or Windows Phone11.Sharing your location with only those you choose to share it with is not the same as posting your location on social media. Only share your location with those you trust.
  • Put yourself first. You should never feel obligated to do something you do not want to do. “I don’t want to” is a good enough reason. Always do what you feel is right for you and what you are comfortable with doing.
  • Immediately report any suspicious individual or item to security.
  • In an emergency always dial 911.

If you are in an uncomfortable or scary situation, here are some ideas to help you get out of the situation:

  • Have a safe word with your friends or family. If you are in a situation where you do not feel safe then contact your family or friends and communicate to them that you do not feel safe by using the code word. Your family or friends can come get you or provide an excuse for why you need to leave.
  • Lie. If you feel that you cannot get out of a situation safely by being honest or do not feel comfortable telling the truth, then lie. It is better to lie and make up a reason for leaving than to stay in a situation that makes you uncomfortable, scared, or worse. Some excuses are: you need to go take care of a friend/family member/pet, you don’t feel well, or have somewhere else you promised you would be.

Remember that being in this situation is not your fault. You did not do anything wrong. It is the person who is making you uncomfortable or afraid that is to blame.

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7. The Counseling Services website can be accessed at: http://www.viu.edu/students/student-affairs/counseling-services.html
8. Rape, Abuse, and Incest National Network’s website can be accessed here: https://www.rainn.org/safety-prevention.
9. Instructions and advice on how to engage in Social Media Safety can be accessed here: https://www.rainn.org/articles/social-media-safety.
10. Instructions on how to share your location with an iPhone can be accessed here: https://support.apple.com/kb/PH19426?viewlocale=en_US&locale=en_US.
11.Instructions on how to share your locations with an Android or Windows phone can be accessed here: http://www.howtogeek.com/228380/how-to-share-your-exact-physical-location-with-family-and-friends/.

VIU does not currently have any Memoranda of Understanding (MOU) with any law enforcement agency, state or local. The security personnel at VIU work closely with the state and local law enforcement agencies.

VIU will keep all records related to the Sexual Misconduct Policy in a locked storage area for a period of eight (8) years, regardless of the outcome of the report or complaint.
The university will destroy all records after the period of eight years.

The Title IX & Clery Act Compliance Coordinator will review and update this policy, as appropriate, by September 30th each year. To determine what updates may be appropriate for this policy, the Title IX & Clery Act Compliance Coordinator will evaluate any changes in legal requirements, existing VIU and community resources, and complaints and resolutions from the previous academic year.

Title IX Complaint
If an individual feels that the university is not complying with Title IX they may file a complaint with the Department of Education, Office for Civil Rights (OCR) alleging such. The person or organization filing the complaint does not have to be the victim of sex discrimination, but they must be complaining on behalf of another person/group or be effected by the creation of a hostile environment.
To file a complaint, complete the online form at the Department of Education website, or contact the Office for Civil Rights12.

The OCR Office for Virginia:
Washington DC (Metro)
Office for Civil Rights
U.S. Department of Education
400 Maryland Ave., SW
Washington, DC 20202-1475
Telephone: 202-453-6020
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.
The OCR National Headquarters:
U.S. Department of Education
Office for Civil Rights
Lyndon B. Johnson Dept. of Ed. Bldg.
400 Maryland Ave., SW
Washington, DC 20202-1100
Telephone: 800-421-3481
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

For more information on how and why to file a Title IX Complaint, visit Know Your IX: How to File a Title IX Complaint13.

Clery Act Complaint
If an individual feels the university is not complying with the requirements of the Clery Act they may file a complaint alleging such. Anyone may file a complaint if he/she believes that the university is not complying with the Clery Act.

For questions or to file a complaint, email This email address is being protected from spambots. You need JavaScript enabled to view it.. For more information on how to file a Clery Act Complaint, visit Know Your IX: How to File a Clery Act Complaint14.

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12. The online form to file a complaint with the Department of Education can be accessed at:  http://www2.ed.gov/about/offices/list/ocr/complaintintro.html.
13. The Know Your IX: How to File a Title IX Complaint website can be accessed at: http://knowyourix.org/title-ix/how-to-file-a-title-ix-complaint/.
14. The Know Your IX: How to File a Clery Act Complaint website can be accessed at: http://knowyourix.org/clery-act/how-to-file-a-clery-act-complaint/.

The Sexual Misconduct Policy will be widely disseminated to the members of the VIU community and will be consistently and equitably enforced.  The policy will be reexamined and updated as appropriate.  Training will be provided to employees and students on this policy for the purpose of preventing sexual misconduct and other prohibited conduct, raising awareness, and promoting a respectful community.  All employees and students are responsible for completing all training that is identified as mandatory.  

The Sexual Misconduct Policy does not create a contract and may be changed at any time without consent or prior notice. Any incident of Prohibited Conduct shall be subject to the policy in effect at the time of the alleged Prohibited Conduct. If there was no policy at the time of the incident of Prohibited Conduct, then the most current policy will be applied. If the policy that was in effect at the time of the incident of Prohibited Conduct violates current federal law or guidelines provided by the Department of Education, Office of Civil Rights, then the most current policy will be applied.