2. Some states, including Virginia, have criminal statutes that specify that individuals below a certain age lack capacity to provide legally effective consent. See Va. Code §§18.2-63, 18.2-370, 18.2-370.01 and 18.2-371.

3. Aaron White, Ph.D., "Shining a Light on Alcohol Blackouts," The Spectrum,Vol. 6, Issue 2 (June 2014), National Institute on Alcohol Abuse and Alcoholism (NIAAA): http://www.spectrum.niaaa.nih.gov/archives/V6I2Jun2014/features/light.html

For a deeper understanding of this topic, see White, A.M. (2003) "What happened? Alcohol, memory blackouts, and the brain." Alcohol Research & Health: The Journal of the National Institute on Alcohol Abuse and Alcoholism 27, 186-196. http://pubs.niaaa.nih.gov/publications/arh27-2/186-196.htm

4. In Virginia, some of such domestic or family violence laws can be found as follows:
relating to stalking: http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-60.3;
relating to family abuse: http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+16.1-228 and www.dcjs.virginia.gov/victims/documents/domviobr.pdf; and
relating to rape: https://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-61.
Applicable laws will vary depending upon where "the crime of violence occurred."

http://www.virginia.edu/sexualviolence/policy/options.html

Options Available to Students Following an Incident of Sexual Misconduct

A. Immediate Assistance and Preservation of Evidence
B. Ongoing Confidential Assistance and Support
C. Assistance from the Office of the Dean of Students; Interim Remedial Measures & Support
D. Reporting Sexual Misconduct to the University and/or Police
E. Filing a University Disciplinary Complaint
F. University Complaint Resolution Procedures

This section of the Policy describes all of a student's options following an incident of Sexual Misconduct—how to obtain assistance and ongoing support in the immediate aftermath; how to obtain a No-Contact Order and other Interim Remedial Measures; how to file a University and/or Police report; and how to file a University complaint. Students are encouraged to avail themselves of all of these options. Options are listed in the sequence in which they are usually considered and accessed, but students generally can avail themselves of any of these options in any sequence at any time.1

A. Immediate Assistance and Preservation of Evidence

The University recognizes that deciding whether or not to report Sexual Misconduct (to the University and/or to the Police) and deciding how to proceed if and when a report has been filed (including deciding whether and when to pursue a University complaint) can be a decision-making process that unfolds over time. Whatever steps a student ultimately decides to take, Sexual Misconduct can leave students feeling powerless, and they need support in its immediate aftermath in order to regain a sense of control. Students are therefore urged to seek immediate information, support and assistance, while they consider all of their other options. Seeking immediate assistance also ensures that available evidence can be obtained and preserved for use at a later time, if and when a University complaint and/or criminal charges are filed, and it increases the likelihood that students will continue to get the support and assistance they need.

1. Seeking Emergency Medical Attention and Preserving Forensic Medical Evidence

Students are urged to seek immediate medical attention at the University's Emergency Department after an incident of sexual violence.

U.Va. Medical Center Emergency Department
1215 Lee Street, Charlottesville
(434) 924-2231

The University's Medical Center is the only local hospital that employs Sexual Assault Nurse Examiners (also known as "SANE Nurses"). SANE Nurses assess patients for injuries that need treatment; evaluate patients for sexually-transmitted diseases, physical trauma and possible pregnancy; provide medical care (including medications to prevent infections and pregnancy); and, within the first 72 hours after an incident of sexual assault, administer a "forensic exam." The purpose of the forensic exam is to document and collect evidence of sexual contact and/or physical trauma (including injuries on the body and genitals), trace evidence, and identifiable DNA from the perpetrator of a sexual assault.2 When there is suspicion or concern that an assault may have been facilitated by the use of drugs,3 the forensic exam may also include the collection of urine and blood samples for toxicology testing. Students are not required to report an incident to Police in order to receive medical attention or a forensic exam.4 Students may have a support person present throughout the forensic exam; the Emergency Department ensures that an advocate from the Sexual Assault Resource Agency ("SARA") is available to all patients reporting sexual assault. Students may accept or decline the confidential services of the SARA advocate.

2. Reporting to Police in the Immediate Aftermath of Sexual Misconduct

Students are urged to report sexual violence immediately to the Police. The Police have legal power to issue search warrants to collect forensic evidence that may have been left at the scene or at other relevant locations, and are also able to assist students in seeking Emergency Protective Orders (see Section IV, D, 1 below). Students may make an immediate report to the Police in one of two ways: (1) they can report directly to the Police, either by calling "911" (or one of the other numbers listed below), or, (2) if they seek medical attention at the University Emergency Department, by asking an Emergency Department employee to call the Police on their behalf.

• Police Emergency: "911"
• Albemarle County Police: (434) 977-9041
• City of Charlottesville Police: (434) 970-3280
• University Police: (434) 924-7166

Incidents that occurred on-Grounds fall within the jurisdiction of the University Police; incidents that occurred off-Grounds within the City of Charlottesville or within Albemarle County fall within those Police jurisdictions, respectively. Students will be directed to the appropriate Police Department when they call "911" or by contacting the University Police Department's Victim/Witness Assistance Program (Officer Rexrode, [email protected]).

3. Confidential Crisis Counseling

Students are encouraged to seek emotional support in the immediate aftermath of Sexual Misconduct. There are a number of confidential sources and "hotlines" for crisis counseling, both on- and off-Grounds.

• U.Va. Women's Center (daytime)
• Charlotte Chapman (434) 982-2903
• Email: [email protected]
• U.Va. Counseling and Psychological Services ("CAPS"):
  • (434) 234-243-5150 (daytime)
  • (434) 972-7004 (evenings and weekends)
• Sexual Assault Resource Agency ("SARA"): (434) 977-7273
• Shelter for Help in Emergency ("SHE"): (434) 293-8509
• Family Violence and Sexual Assault Virginia Hotline:
• Call: (800) 838-8238
• Text: (804) 793-9999

4. Preserving Other Evidence in the Immediate Aftermath of Sexual Misconduct

Victims (and witnesses) of sexual violence are also urged to collect and preserve any other evidence of Sexual Misconduct that might prove helpful in a future investigation, whether by Police, by the University, or both. Such other evidence includes, but is not limited to, electronic exchanges (via text message, email, Facebook, Instagram, Snapchat and other social media, to the extent that they can be captured or preserved), photographs (including photographs stored on smartphones and other devices), voice-mail messages, and other physical, documentary and/or electronic data that might be helpful or relevant in an investigation. Electronic and photographic evidence may be lost through the upgrade or replacement of equipment (including smartphones), software and/or accounts or may simply be lost to the passage of time.

B. Ongoing Confidential Assistance and Support

1. Confidential Disclosures to a "Confidential Employee" within the University

While students are strongly encouraged to report Sexual Misconduct as soon as it occurs, the University also recognizes that there may be barriers to reporting, both individual and cultural, and not every student will choose to report Sexual Misconduct (or make a report right away). Students who do not feel comfortable reporting Sexual Misconduct to the University and/or the Police are nevertheless encouraged to talk about what happened and they may do so, confidentially, on Grounds, with any "Confidential Employee." (See Appendix II to this Policy, which lists locations of Confidential Employees). Disclosures made to Confidential Employees are designated as "privileged communications." 5 Because these disclosures are confidential, it is important for students to understand that information shared with a Confidential Employee cannot be used to conduct an investigation or pursue disciplinary action. In order to trigger an investigation into Sexual Misconduct, a report must be filed, either with the University, with the Police, or both. These options are discussed below.

2. Confidential Counseling and Support

Whether or not a student is ready to report Sexual Misconduct to the University and/or the Police, confidential counseling and support will continue to be available on-Grounds at CAPS and the Women's Center and, off-Grounds, through SARA, SHE and/or the Family Violence and Sexual Assault Virginia Hotline, as set forth above. The Confidential Resources Chart (see Appendix II to this Policy) lists contact information for these agencies.

C. Assistance from Office of the Dean of Students ("ODOS"); Obtaining Interim Remedial Measures and Support

The Office of the Dean of Students (or "ODOS") can provide students with information, support, and assistance and can arrange for a broad range of Interim Remedial Measures (defined below) as soon as an incident of Sexual Misconduct occurs. ODOS representatives have received extensive training for this purpose and often serve as the main source of early and ongoing contact and support for students in the aftermath of Sexual Misconduct. ODOS's primary concern is student safety and well-being, from the moment an incident of Sexual Misconduct occurs.

As discussed more fully below, students may initiate contact with ODOS at any time to request information, assistance and a broad range of support and accommodations, including Interim Remedial Measures (see below). Students are often initially referred to ODOS by a Confidential Employee, a friend or another third party. Upon referral, ODOS will discuss a student's current circumstances with him or her to determine whether certain forms of support, assistance or accommodations may be beneficial and appropriate at that time. ODOS will ensure that students also receive written notification of these options, regardless of whether a student chooses to report Sexual Misconduct to the Police or pursue a University complaint.

To contact ODOS during regular business hours, students may call, email, or visit ODOS in person, at:

Office of the Dean of Students
Peabody Hall, Second Floor
[email protected]
(434) 924-7429 or (434) 924-7133

To contact ODOS after regular business hours, students may call (434) 924-7166 and ask for the "Dean on Call."

It is important for students to remember that ODOS representatives are "Responsible Employees" (see Section IV, D, 2, below) and, as such, they are required to report to the Title IX Coordinator any information students disclose to them about Sexual Misconduct. However, students are not obligated to disclose detailed information about an incident of Sexual Misconduct in order to obtain support and Interim Remedial Measures from ODOS.6

The implementation of Interim Remedial Measures will be based upon the specific circumstances of each case. ODOS will consider a number of factors in determining which measures to take, including, for example, the specific needs expressed by the reporting student; the severity or pervasiveness of the allegations; any continuing effects on the reporting student; whether the reporting student and the alleged perpetrator share the same residence hall, dining hall, academic course(s), job or parking location; and whether other judicial measures have been taken to protect the reporting student (e.g., civil protective orders). When implementing such measures, ODOS will seek to minimize the burden on the reporting student. For example, if the reporting student and alleged perpetrator share the same class or residence hall, ODOS will not, as a matter of course, remove the reporting student from the class or residence hall while allowing the alleged perpetrator to remain without carefully considering all options and circumstances.

Interim Remedial Measures mean the broad range of protective measures, assistance and accommodations that can reasonably be imposed or arranged by ODOS following an incident of Sexual Misconduct. Interim Remedial Measures may remain in place for as long as a student needs them, and they may be modified by ODOS as a student's circumstances change. Interim Remedial Measures may include, but are not limited to, the imposition of a No-Contact Order (see below); the arrangement of a meeting with University Police to discuss safety planning; the arrangement of access to counseling and/or medical services and assistance in setting up initial appointments for such services; the facilitation of changes in a student's academic, University housing and/or University employment arrangements and schedules; and any of the other accommodations that may be arranged by ODOS (to the extent reasonably available) to ensure the safety and well-being of a University student who has been affected by Sexual Misconduct. Academic accommodations may include, without limitation, the alteration of course schedules (including transfer to another section), permission to withdraw from and/or retake a class, permission to attend a class via alternative means (e.g., online or through independent study), the extension of assignment deadlines, and voluntary leaves of absence. University housing accommodations may include, without limitation, immediate temporary relocation to safe living quarters and/or permanent reassignment of University residence halls and/or assigned parking. University employment accommodations may include, without limitation, changes in work schedules, job assignments, work locations and/or assigned parking. In some cases, a report of Sexual Misconduct (or the investigation and resolution of University disciplinary proceedings or criminal charges) may cause a student to request a leave of absence or a reduced course load; these actions may, in turn, impact a student's immigration, visa and/or financial aid status. In these and other cases, ODOS will connect students with the applicable University department or unit so that they may obtain relevant information and assistance.

No Contact Order means an order issued by ODOS directing a party or parties (generally the alleged perpetrator(s)) to refrain from having in-person or electronic contact with a named person, directly or through proxies.

A No-Contact Order is separately enforceable through the University's Standards of Conduct; violation(s) of any Interim Remedial Measures (including No-Contact Orders) violate the Standards of Conduct and may lead to additional disciplinary actions against the violator.

D. Reporting Sexual Misconduct

1. Reporting Sexual Misconduct to the Police; Obtaining a Protective Order

Sexual Misconduct may constitute a criminal offense as well as a violation of this Policy. Students retain the right to decide whether or not to report Sexual Misconduct to the Police. (See Section IV, A, 2, above for contact information for local law enforcement agencies.)

ODOS can arrange and/or attend a meeting between students and local law enforcement for purposes of filing a Police report. ODOS works closely with the University Police Department's Victim/Witness Assistance Program in these cases. Filing a Police report does not obligate a student to participate in the investigation or adjudication of any subsequent criminal charges that may be brought against the alleged perpetrator(s). The decision whether to pursue criminal charges in connection with an incident described in a Police report lies solely with the Commonwealth's Attorney.

• Interaction with University Investigation. Criminal investigations are entirely separate and independent from University investigations. If a student has filed a University complaint, the University will attempt to coordinate its investigation with that of the Police, to the extent possible. The University may delay its investigation temporarily while a law enforcement agency is gathering evidence, but the University will not wait for the conclusion of a criminal investigation or criminal proceedings before commencing (or completing) its own investigation. It is also important to remember that the definitions of Sexual Misconduct under this Policy and under the related criminal statutes are not the same, and that the burden of proof for a finding of responsibility under University Policy—a "preponderance of the evidence"—is much lower than the burden of proof for a finding of guilt under criminal law—"beyond a reasonable doubt." For these reasons, the outcome of any criminal investigation will not determine the outcome of any proceedings under this Policy, and vice versa. ODOS can help students understand the implications of reporting to the Police, filing a University complaint, and the interaction between Police and University investigations.
• Protective Orders. If an alleged perpetrator represents an ongoing threat to the health or safety of a victim of Sexual Misconduct, it may be possible for the victim to obtain a court-ordered Emergency or Preliminary Protective Order. These Protective Orders are temporary, and they may be issued if the judge believes that there is an immediate threat to health or safety. Later, after a full hearing, the court may agree to issue a "Permanent" Protective Order, in appropriate cases. A Permanent Protective Order may remain in place for up to two years under Virginia law and, in some cases, may be extended for an additional two years. "Protective Orders" are separate and distinct from "No-Contact Orders": Protective Orders may be obtained only from a court of law and are enforceable anywhere in the United States; their violation may result in criminal charges. No-Contact Orders may be obtained directly from ODOS and are enforceable through the University Standards of Conduct. ODOS can arrange and/or attend a meeting with the University Police Department's Victim/Witness Assistance coordinator, who can explain the process for seeking a Protective Order and can escort a student to the appropriate Police Department in order to initiate a petition seeking a Protective Order.

2. Reporting Sexual Misconduct to the University

The University strongly encourages students who have knowledge of, who have witnessed, or who have experienced Sexual Misconduct firsthand to report what occurred—both in order to get the support they need, and to enable the University to respond appropriately. Under Title IX, once an institution has notice of an act of Sexual Misconduct, it is required to (1) take immediate and appropriate steps to investigate what occurred; and (2) take prompt and effective action to (a) end any misconduct that occurred; (b) remedy its effects; and (c) prevent its recurrence.7 Although there is no time limit for the filing of a report of Sexual Misconduct, the University's ability to respond effectively may be compromised by the passage of time between the occurrence of an incident and the filing of a report.

An incident of Sexual Misconduct may be (1) self-reported (including anonymously) by an affected individual (including a witness), or (2) reported by disclosing to a "Responsible Employee." 8

a) Reporting Sexual Misconduct to the University; Self-Reporting and Reporting to a Responsible Employee. Any individual may report Sexual Misconduct to the University. Such reports may be made in either of two ways: (1) the Reporter may self-report the information (including anonymously, through Just Report It, by omitting his or her name and contact information), or (2) the Reporter may disclose the information to any Responsible Employee. A Reporter may or may not be the victim of the reported Sexual Misconduct. A Reporter may be any person who has experience or knowledge of Sexual Misconduct, including a third-party witness. Under the Reporting Policy, every Responsible Employee is required to report to the Title IX Coordinator (through Just Report It) all relevant details that have been disclosed to him or her about alleged Sexual Misconduct9—including the names of the parties involved, any witnesses identified by the Reporter, and any other relevant facts, including the date, time and specific location of the alleged incident.

b) University Response to Identifiable Reports of Sexual Misconduct. Except in cases of anonymous reports (see below), all reports of Sexual Misconduct will be shared, concurrently, with members of the University's Title IX Response Team, consisting of the Title IX Coordinator, an ODOS representative, and a limited number of other specially-trained individuals in the Division of Student Affairs and Office of Equal Opportunity Programs. An ODOS representative on the Title IX Response Team will promptly (1) initiate outreach to the Reporter (and the victim, if the Reporter is not the victim) in order to obtain additional information about the reported incident, if available, and to offer support, assistance and, where appropriate, Interim Remedial Measures, (2) perform a "Preliminary Review" in order to identify any immediate concerns for the safety of the Reporter, the victim (if other than the Reporter) and/or the University community, and (3) take preliminary action, if warranted, in order to address any immediate concerns for the safety of the Reporter, the victim (if other than the Reporter) and/or the University community. These actions by ODOS are described in more detail, below.

• Preliminary Outreach by ODOS. Upon receiving a report of Sexual Misconduct, ODOS will contact the Reporter (and/or the victim, if the Reporter is not him- or herself the victim of the reported incident of Sexual Misconduct) (1) to obtain any additional information that may be available about the underlying incident, (2) to offer immediate information, assistance and support (including Interim Remedial Measures, if appropriate), and (3) to ascertain whether the victim wishes to participate in a University investigation of the incident in question.
• Preliminary Review by ODOS. ODOS will then conduct a "Preliminary Review" of the facts disclosed in the report, together with any other information obtained from the Reporter (and the victim, if the Reporter is not the victim) in order to determine whether there is any immediate threat to the safety of the Reporter, the victim (if other than the Reporter), to witnesses or other third parties named in the report, or to the broader University community. In making this determination, ODOS will be guided by the Evaluation Factors (see below), together with any other relevant information in the University's possession, including the existence of a record of prior misconduct by the alleged perpetrator(s). If the Preliminary Review reveals the existence of such a safety threat, ODOS will coordinate with University officials to respond appropriately. Such response may include the immediate interim suspension by the Dean of the alleged perpetrator(s), pending resolution of a University complaint (see below).
• Other Preliminary Action by ODOS. If the victim wishes to pursue a University complaint, ODOS will meet with him or her in order to explain the University's investigation and resolution procedures and to help facilitate the filing of a Sexual Misconduct complaint under this Policy. If the victim instead makes a "Request for Confidentiality"—i.e., requests that the information contained in the report be maintained confidentially, that no investigation be conducted and/or that no disciplinary action be taken—ODOS will refer the matter to the Evaluation Panel (see below) for further evaluation. If the victim wishes to report the matter to the Police, ODOS will arrange and/or attend a meeting with the University Police Department's Victim/Witness Assistance coordinator for this purpose.

Regardless of whether the victim wishes to pursue a Police report and/or a University complaint, ODOS will offer to meet with the victim in order to offer support, assistance and accommodations, including, where appropriate, Interim Remedial Measures (see Section IV, C, above).

c) University Response to Anonymous Reports of Sexual Misconduct. Reporters (other than Responsible Employees) may report alleged Sexual Misconduct anonymously through Just Report It by omitting their names and contact information. In the case of anonymous reporting, ODOS will not be able to contact Reporters to obtain further information about the incident in question and, where the victim is the anonymous Reporter (or the victim is not named), ODOS also will not be able to offer information, support and/or Interim Remedial Measures. In addition, ODOS's Preliminary Review, and the University's ability to respond to the report, will be limited to the information provided. The University nevertheless encourages reporting of Sexual Misconduct, even anonymous reporting, and will make such use of the reported information as circumstances may allow.

d) Requests for Confidentiality; the Evaluation Panel. If the victim of an incident of Sexual Misconduct makes a Request for Confidentiality (e.g., that his or her name not be disclosed to the alleged perpetrator(s) or that no University investigation or disciplinary action be pursued), the University will attempt to honor the victim's request if it can do so without compromising the safety of the victim, third parties identified in the report, or the broader University community. In order to make this determination, the Title IX Response Team will refer such incidents to the University's Evaluation Panel, which will weigh the Request for Confidentiality against the University's obligation to provide a safe, non-discriminatory environment for the entire University community. Although rare, there are times when the University may not be able to honor a victim's Request for Confidentiality while still providing a safe, non-discriminatory environment for all students. When evaluating a Request for Confidentiality, the Evaluation Panel will meet to consider and weigh a range of factors, including the following (the "Evaluation Factors"):

• Evidence, if any, of the increased risk that the alleged perpetrator will commit additional acts of Sexual Misconduct or other misconduct, such as:
• whether there have been other Sexual Misconduct reports or complaints about the same alleged perpetrator
• whether the alleged perpetrator has a history of arrests or records from a prior school indicating a history of engaging in Sexual Misconduct
• whether the alleged perpetrator threatened further Sexual Misconduct or other misconduct against the Reporter or others
• whether the Sexual Misconduct was committed by multiple perpetrators
• whether the Sexual Misconduct was perpetrated with a weapon
• whether the victim is a minor (under the age of legal consent)
• whether the University possesses other means to obtain relevant evidence of the alleged Sexual Misconduct (e.g., security cameras or personnel, physical evidence)
• whether the report reveals a pattern of perpetration (e.g., via illicit use of drugs or alcohol) at a given location or by a particular group; and/or
• whether there is any other evidence suggesting predatory behavior by the alleged perpetrator(s)

Even when a victim has made a Request for Confidentiality, the presence of one or more of the Evaluation Factors could lead the Evaluation Panel to determine that the University should investigate the incident and, if appropriate, pursue disciplinary action against the alleged perpetrator by means of an Administrative Complaint initiated by the Dean (see Section IV, E, 2, below). If none of the Evaluation Factors is present, the Evaluation Panel will determine, in most cases, that the Request for Confidentiality should be honored. If the University honors such Request for Confidentiality, however, the victim should understand that the University's ability to meaningfully investigate the incident and pursue disciplinary action against the alleged perpetrator may be severely compromised. The University may nevertheless take steps to limit the effects of the alleged Sexual Misconduct and prevent its recurrence without undermining the Request for Confidentiality by, for example, increasing monitoring, supervision and/or security at locations or activities where the Sexual Misconduct was alleged to have occurred; providing training and education for students and employees; revising and publicizing the University's policies on Sexual Misconduct; and conducting climate surveys regarding Sexual Misconduct.

If the Evaluation Panel determines that the University cannot honor a Request for Confidentiality, the University will share the reported information only with (1) those individuals who are charged with handling the University's response, and (2) those individuals with whom the University must share information in order to conduct an effective investigation and/or implement an effective response so as to address any threat to the safety of the University community. In any case, the University will inform the victim, in advance, how the University intends to proceed, with whom the reported information will be shared, and whether and to what extent the victim's identity can be protected. In addition, the Evaluation Panel may recommend that the Dean (1) meet with the alleged perpetrator(s) to put him/her on notice of the alleged conduct and counsel him/her appropriately; (2) pursue disciplinary action against the alleged perpetrator(s) by means of an Administrative Complaint; (3) cause the University Registrar to place a "hold" on the University transcript of the alleged perpetrator(s), pending the resolution of formal disciplinary proceedings; and/or (4) impose an immediate, interim suspension against the alleged perpetrator(s), pending the resolution of formal disciplinary proceedings. If the report alleges Sexual Misconduct by a group (e.g., a sports team, a club or a Greek organization), the Evaluation Panel may recommend an investigation of such allegations in the context of such group, and/or focused educational programming for such group. The Dean will inform the victim of any recommendations that are pursued.

e. Protection from Retaliation. Retaliation (as defined above) against individuals who participate in the investigation of any Sexual Misconduct report (including the Reporter, the victim (if not the Reporter) and third-party witnesses) violates this Policy and will not be tolerated. The University will take appropriate measures to protect the well-being of victims and any other parties who participate, as witnesses or otherwise, in the investigation of Sexual Misconduct reports, including the imposition of Interim Remedial Measures and the prompt initiation of disciplinary proceedings to redress the Retaliation. This same protection is afforded persons who participate in the investigation of a Sexual Misconduct complaint (see Section IV, E, 2, below). Students who believe that they may be the subject of Retaliation should contact the Dean immediately.

f. Drug and Alcohol Violations Disclosed in a Good Faith Report of Sexual Misconduct

The University will not pursue disciplinary action against a Reporter, Complainant, or third-party witness for disclosure of illicit personal consumption of drugs or alcohol where such disclosure is made in connection with a good faith report and/or complaint or subsequent investigation of Sexual Misconduct. In such cases, the University may initiate educational discussion or pursue other educational remedies regarding alcohol or other drugs.

E. Filing a University Complaint

Any person (the "Complainant") may file a complaint of Sexual Misconduct against a University student (the "Respondent"), regardless of whether the Complainant has previously reported the conduct to the University and/or the Police. The Complainant may elect "Formal Resolution" or (if certain conditions are met) "Voluntary Informal Resolution" of the complaint. These options are explained below. This Section of the Policy governs all aspects of the filing, investigation and resolution of complaints of Sexual Misconduct by the University.

1. Jurisdiction

a) Personal Jurisdiction; Deadline for Filing a University Complaint. Any person may file a complaint of Sexual Misconduct against a "University student" under this Policy. A "University student" means any student registered or enrolled for credit- or non-credit-bearing coursework at the University (in Charlottesville) (1) at the time of the alleged Sexual Misconduct (including Sexual Misconduct that is alleged to have occurred during any academic recess, provided that there is an expectation of such student's continued enrollment at the University), and (2) at the time that the Dean prepares and delivers to the Investigator a Sexual Misconduct complaint against such student (see below). So long as there is personal jurisdiction over the Respondent, there is no time limit for filing a complaint under this Policy.10 Students are nevertheless strongly urged to file a complaint as promptly as possible in order to maximize the University's ability to obtain evidence and otherwise conduct a prompt, thorough, fair, impartial and reliable investigation (described below).

b) Geographic Jurisdiction. Any person may file a complaint against a University student alleging an incident of Prohibited Conduct, wherever such conduct occurs (i.e., whether on- or off-Grounds). In the case of Sexual Misconduct that occurs a significant distance from the University, the ability of the University to obtain evidence and otherwise conduct a thorough investigation (described below) may be limited.

2. Filing a Complaint: Intake Meetings with the Dean; Transcript Hold; Administrative Complaint; Acceptance of Responsibility; Time for Completion

a) Intake Meeting(s) between the Dean and the Complainant; Election of Formal Resolution or Voluntary Informal Resolution; Interim Remedial Measures. When a student informs ODOS that he or she wishes to file a Sexual Misconduct complaint, the Dean will schedule an individual Intake Meeting with the student to discuss this Policy, to determine whether the student wishes to pursue Formal Resolution or (where available) Voluntary Informal Resolution, and to discuss Interim Remedial Measures.

i. Electing Formal Resolution; Referral to Investigator. If the Complainant wishes to pursue Formal Resolution, the Dean will prepare a complaint setting forth the Complainant's name, the Respondent's name, and the date, location and nature of the incident in question. The Dean will forward the complaint to the Investigator, who will commence an investigation (see below).

ii. Electing Voluntary Informal Resolution; Referral to the SMB Chair. Unless (A) the alleged Sexual Misconduct constitutes a form of Sexual Assault (or otherwise involves the use of Force or violence), or (B) facts alleged in the complaint or other information in the possession of the University (e.g., a history of prior misconduct) suggest, in the sole reasonable discretion of the Dean, an ongoing risk to the University community, the Complainant may elect to pursue Voluntary Informal Resolution. If the Complainant wishes to pursue Voluntary Informal Resolution, the Dean will refer the complaint to the SMB Chair for the initiation of Voluntary Informal Resolution proceedings.

iii. Interim Remedial Measures. At the Intake Meeting, the Dean and the Complainant will also discuss the need for any Interim Remedial Measures (or the extension and/or modification of any measures already in place). (See Section IV, C, above.)

b) Intake Meeting(s) between the Dean and the Respondent; Prohibition on Retaliation; Interim Remedial Measures. As soon as a complaint has been filed, the Dean will contact the Respondent to schedule an individual Intake Meeting in order to discuss the complaint; to explain what the Respondent can expect as the resolution process unfolds; to explain the University's prohibition on, and response to, Retaliation; and to discuss the need for any Interim Remedial Measures.
c) Appointment of Advisors at Intake Meetings. At its Intake Meeting with each of the parties, the Dean will inquire as to each party's preference for an advisor. A party may select a trained advisor provided by the University or any other person (including a friend, family member, University official, or attorney) of his or her choosing. An advisor's role is limited to providing support, guidance and/or advice to the parties throughout the investigation and resolution of the complaint.
d) Transcript Hold. When (A) a complaint is filed which alleges Sexual Assault (or otherwise involves the use of Force or violence), or (B) facts alleged in a complaint or other information in the possession of the University (e.g., a history of prior misconduct) suggest, in the sole reasonable discretion of the Dean, an ongoing risk to the University community, the Dean will request that the University Registrar place a "hold" on the transcript of the Respondent, pending the outcome of University disciplinary proceedings.

e) Administrative Complaint. When the victim of reported Sexual Misconduct is unable or does not wish to pursue a University complaint, the Dean may file his or her own complaint, called an "Administrative Complaint," in appropriate circumstances. Such circumstances will be determined by the Dean, in his or her sole reasonable discretion, and may include, without limitation, (1) cases in which the Evaluation Panel has determined that information contained in a report raises a threat to the safety of individuals and/or the University community, and (2) cases in which the University otherwise becomes aware of information about an incident of Sexual Misconduct, whether or not reported, that raises a threat to the safety of individuals and/or the University community. Where the victim is unable or unwilling to cooperate in the investigation of the Administrative Complaint, the University's ability to investigate and respond to Sexual Misconduct may be severely limited. An Administrative Complaint will be handled in the same manner as an ordinary complaint, except that the Dean will be named as the Complainant.

f) Acceptance of Responsibility by Respondent. The Respondent, upon learning of the complaint (and at any time prior to the completion of the investigation and the receipt of the Investigator's Report), may elect to terminate the disciplinary process by accepting responsibility for the conduct alleged in the complaint. If the Respondent accepts such responsibility, the case will be referred to the SMB Chair, who will propose a sanction. If both the Complainant and the Respondent agree to such proposed sanction, the complaint is resolved and the sanction imposed. If either party objects to the proposed sanction, the case will be referred to the SMB for a Hearing on Sanction (see below). (Accepting responsibility in the context of Voluntary Informal Resolution is discussed in Section IV, F, 2, below.)

g) Time for Completion of Resolution Process. The University will attempt, if reasonably possible, to complete its investigation (or complete the Voluntary Informal Resolution process, if applicable), make a final determination of responsibility, and impose a sanction, if applicable, within 60 days from the date the complaint is filed.

F. University Complaint Resolution Procedures

1. Formal Resolution

a) Formal Resolution; Notice to Parties; Investigation; Investigator's Report; Standing Review Committee. When a Complainant elects Formal Resolution, his or her complaint will be forwarded by the Dean to the Investigator, who will provide written notice to the parties and commence a prompt, thorough, fair, impartial and reliable investigation. The "Investigator" is the person designated by the University's Office of Equal Opportunity Programs to conduct investigations under this Policy and who has received training that draws on relevant professional and expert resources for this purpose. At any time prior to the completion of the Investigator's Report (and if the conditions for electing Voluntary Informal Resolution are otherwise met), the Complainant may decide to change his or her election from Formal Resolution to Voluntary Informal Resolution, by so notifying the Investigator, in which case the matter will be referred to the SMB Chair for proceedings in accordance with Section IV, F, 2 below.

i. Notice to the Parties of Commencement of Investigation. The Investigator will notify the Complainant and the Respondent, in writing, of the commencement of an investigation. Such notice will (1) identify the Complaint and the Respondent; (2) specify the date, location and nature of the alleged incident; (3) identify the Investigator; (4) indicate that the Complainant has elected Formal Resolution; (5) include information about the parties' respective rights and responsibilities under this Policy; (6) explain the prohibition against Retaliation against either party or any witness in the investigation; (7) instruct the parties not to destroy any potentially relevant evidence (including electronic evidence and photographs) in any format; (8) inform the parties how to challenge participation by the Investigator (including on the basis of a conflict of interest)11; and (9) provide a copy of this Policy.

ii. Investigation. The Investigator will coordinate the gathering of information from the Complainant, the Respondent, and other individuals or entities with relevant information. To ensure that each party is afforded due process, the Investigator will provide each party equal opportunity to identify witnesses and other evidence that may be relevant to the complaint. In addition, the Investigator will ensure that each party has an equal opportunity to respond to the other party's statements and supporting evidence in separate meetings with the Investigator, before the Investigator's Report is finalized.

(a) Documents and Records; Electronic Evidence; Photographs. In addition to reviewing any documents, records and other evidence (including electronic evidence and photographs) submitted by the parties, the Investigator will seek to obtain other relevant physical and/or electronic records and evidence, including, without limitation, documents, police records, electronic or other records of communications between the parties or witnesses (via text message, email, Facebook, Instagram, Snapchat, and other social media), photographs (including photographs stored on smartphones), voice-mail messages, and any other relevant information. The Investigator will also seek relevant medical evidence, subject to the consent of the applicable party. In obtaining any such evidence, the Investigator will comply with applicable laws and University policies.

(b) Site Visits. The Investigator may visit relevant sites or locations and record observations through written or photographic documentation.

(c) Interviews with Complainant and Respondent. The Investigator will interview the Complainant and the Respondent separately and may interview one or both of them more than once in the course of the investigation.

(d) Witness Interviews. The Investigator will make a good faith effort to contact and interview any witness that either party suggests may have information or evidence relevant to the complaint, as well as any witnesses that a review of relevant documents or records suggests may have relevant information or evidence, including those witnesses who are no longer University students or no longer residing in the local community. The Investigator may also interview any other individual that he or she believes has information that may be relevant to the allegations stated in the complaint. The Investigator will instruct each such witness about the University's prohibition on Retaliation.

(e) Experts. The Investigator may consult any expert that he or she determines is necessary to achieve a fuller understanding of matters raised in the complaint. The Investigator may also consult an expert witness informally, or for a professional opinion regarding information obtained through the investigation.

(f) Coordination with Law Enforcement. The Investigator will contact any law enforcement agency that is conducting its own investigation into the incident that is the subject of the complaint in order to inform such agency that a University investigation is also in progress; to ascertain the status of the criminal investigation in order to determine whether a temporary delay in the University's investigation is warranted (see Section IV, D, above); and to determine the extent to which any evidence collected by the Police may be available to the University in its investigation of the complaint.

(g) Role of Advisors during the Investigation. Advisors to the parties may be present during any meeting between the parties and the Investigator for the limited purpose of providing support, guidance and/or advice, but may not speak on behalf of the parties or otherwise directly participate in the investigation. The University may remove or dismiss advisors who become disruptive or fail to abide by the limitations on their participation.

iii. Investigator's Report. At the conclusion of the investigation, the Investigator will prepare a report (the "Investigator's Report"), addressed to the Vice President. The Investigator's Report will (1) state the factual findings of the Investigator; and (2) make a recommendation, applying a "preponderance of the evidence" standard, for a determination of "responsibility" or "no responsibility" for each alleged violation of this Policy. The Investigator's Report will summarize the evidence obtained through the investigation and will attach copies, where available, of relevant supporting documents, physical evidence, photographs, electronic evidence and forensic evidence, if any. The University's Office of the General Counsel will review the Investigator's Report for legal sufficiency before it is finalized.

iv. Final Statements by the Parties. Upon completion, the Investigator will make a copy of the final Investigator's Report available to each of the parties and their respective advisors, simultaneously. Each of the parties may submit a written statement to the Investigator within five (5) business days of the date on which the Investigator's Report was issued. The purpose of such statements is to allow the parties an opportunity to address any perceived factual errors or omissions in the Investigator's Report, and to disclose any relevant evidence that was not previously known or available to the Investigator. The Investigator will distribute copies of any such statements to both parties and their advisors, simultaneously.

v. Delivery to Vice President; Appointment and Review by Standing Review Committee; Decision Final. The Investigator will deliver the Investigator's Report, together with the statements of the parties (if provided), to the Vice President and Chief Student Affairs Officer (the "Vice President"). The Vice President will appoint a Standing Review Committee to review the Investigator's Report (together with such statements) on his or her behalf. The purpose of such review is to determine whether, in the reasonable opinion of the Standing Review Committee, (1) the investigation was conducted in a prompt, thorough, fair, impartial and reliable manner, (2) the factual findings of the Investigator are supported by the evidence, and (3) there is a rational basis, applying a "preponderance of the evidence" standard, for the Investigator's recommended finding(s) of responsibility or no responsibility. If it so determines, the Standing Review Committee will approve the Investigator's recommendations and, (1) in the case of one or more findings of responsibility, forward the case to the SMB for a Hearing on Sanction, or (2) in the case of a finding of no responsibility, issue the Final Outcome Letter, simultaneously to both parties (in the form and manner described below), within five (5) calendar days of completing its review. In reaching its decision, the Standing Review Committee may consult with the University's Office of the General Counsel, the Vice President, the Title IX Coordinator, the Dean, and/or the parties; may request that further investigation be undertaken by the same or another Investigator; and/or may request that a de novo investigation be conducted by another Investigator. The Standing Review Committee may not, however, conduct its own investigation or hearing. The decision of the Standing Review Committee is final, without further recourse or appeal by either party.

vi. Hearing on Sanction. The sole purpose of the Hearing on Sanction is to determine the sanction(s) for Prohibited Conduct as to which there has already been a finding of responsibility. The Hearing on Sanction will not re-visit the finding(s) of responsibility. Sanctions will be determined by the SMB Hearing Panel, as described in this paragraph. The SMB Hearing Panel will be appointed by the SMB Chair, who will also appoint the SMB Hearing Panel Chair. The SMB Hearing Panel will be comprised of students, faculty and staff members of the SMB unless either the Complainant or the Respondent objects to the inclusion of student members, in which case the SMB Hearing Panel will be comprised exclusively of faculty and staff members of the SMB. The SMB Chair will provide written notice to each of the parties stating (1) the date, time, and place of the Hearing on Sanction, and (2) the names of the SMB members selected to serve as the SMB Hearing Panel at the Hearing on Sanction. The parties are expected to cooperate in the scheduling of the Hearing on Sanction. If either party fails to appear at the scheduled Hearing on Sanction, the SMB Hearing Panel Chair may postpone the proceedings or may direct that the SMB Hearing Panel proceed and determine the sanction(s) (and other remedial measures, if applicable) on the basis of the Investigator's Report, provided that the absent party was duly notified in advance of the Hearing on Sanction. A party wishing to challenge participation by any member of the SMB Hearing Panel should so notify the SMB Hearing Panel Chair, in writing, within three (3) business days of receiving notice of the Hearing on Sanction, setting forth specific reasons for the objection. The SMB Hearing Panel Chair will determine whether the challenge has merit and, if it does, arrange for replacement of the SMB Hearing Panel member in question. Upon timely request prior to the date of the Hearing on Sanction, the SMB Panel Chair will arrange for either party to appear at the Hearing on Sanction via closed-circuit or other available technology.

vii. Role of the Parties and Advisors at Hearing on Sanction. The Complainant may present a statement describing how he/she has been impacted by the Prohibited Conduct and may voice his/her preferences regarding particular sanction(s) (the "Impact Statement"). The Respondent will have an opportunity to respond to the Impact Statement and present any other information relevant to the imposition of sanction(s). The SMB Hearing Panel is not bound by these statements in determining sanction(s). No other witnesses or third parties may address the SMB Hearing Panel, although the SMB Hearing Panel Chair reserves discretion to permit the presence of other persons at the Hearing on Sanction. Any question(s) either party has for the other party will be limited to matters relating specifically to the Complainant's Impact Statement and the Respondent's response, respectively. Questions relating to the Investigator's Report and/or finding(s) of responsibility will not be permitted. Questions will be directed, in writing, to the SMB Hearing Panel Chair; the SMB Hearing Panel Chair will ask any relevant and permitted questions submitted by the parties. Advisors to the parties may be present during the Hearing on Sanction for the limited purpose of providing support, guidance and/or advice, but may not speak on behalf of the parties or otherwise directly participate in the Hearing on Sanction. The SMB Hearing Panel Chair may remove or dismiss advisors who become disruptive or fail to abide by the limitations on their participation.

viii. Sanctions and Remedial Measures
(a) Range of Sanctions. The SMB Hearing Panel may impose any one or more of the following sanctions for any act(s) of Prohibited Conduct under this Policy:

• Community Service: A requirement that the Respondent undertake a stated number of hours of community service, of the kind, in the manner, and within the timeframes required by the SMB Hearing Panel;
• Completion of Educational or Training Programs: A requirement that the Respondent complete a particular educational or training program within the timeframes required by the SMB Hearing Panel;
• Evaluation by Health or Mental Health Professional: A requirement that the Respondent be evaluated by a health or mental health professional and comply with any treatment recommendations prior to returning to the University (if a period of suspension is imposed) or as a condition of continued enrollment at the University (if a period of suspension is not imposed);
• Financial Restitution: An order directing the Respondent to reimburse the Complainant for damages incurred as a result of the Prohibited Conduct;
• Suspension Held in Abeyance: Exclusion from classes and other privileges and activities or from the University for a specified period of time, such suspension to be held in abeyance unless and until the Respondent is found responsible for any subsequent violation of this Policy;
• Suspension: Exclusion from classes and other privileges and activities or from the University for a specified period of time; and
• Expulsion: Permanent termination of student status.

Although it retains the discretion to impose any one or more of the foregoing sanctions, the SMB Hearing Panel is required to consider a sanction of suspension or expulsion as to every violation of this Policy. In selecting a sanction or sanctions, the SMB Hearing Panel may consider any record of past incidents of misconduct, at the University or elsewhere, including violations of the Standards of Conduct, as well as the number, timing, nature and severity of such past incident(s). The SMB Hearing Panel will also consider, as part of its deliberations, whether a given sanction will (a) bring an end to the Policy violation in question, (b) reasonably prevent the recurrence of a similar violation, and (c) remedy the effects of the violation on the Complainant and the University community.

(b) Remedial Measures. In addition to imposing one or more sanctions, as described above, the SMB Hearing Panel may impose (or extend, modify, remove and/or replace) one or more remedial measures in order to ensure the safety and well-being of the Complainant and the University community. Such remedial measures may include the extension, modification, removal and/or replacement of any Interim Remedial Measures (including any No-Contact Order) previously arranged for or imposed against either of the parties by ODOS. Such remedial measures may also include measures directed at the broader University community, including, but not limited to, conducting educational, prevention or training programs focused on particular groups within the University community (e.g., a fraternity or sorority; an athletic team; a student organization; or a residence hall).

ix. Decision by the SMB Hearing Panel Final; Final Outcome Letter. The SMB Hearing Panel's decision on sanction(s) and remedial measures (if any, imposed against the Respondent or broader University community) shall be made by majority vote. The sanction(s) and remedial measures imposed will be announced to both parties, concurrently, by the SMB Hearing Panel Chair at the conclusion of the Hearing on Sanction. In addition, the SMB Hearing Panel Chair will provide a copy of the Final Outcome Letter (described below), to both parties, simultaneously, and to the Dean, the Vice President, and the Title IX Coordinator within five (5) calendar days following the Hearing on Sanction (or such longer time as the SMB Hearing Panel Chair may for good cause determine). The decision of the SMB Hearing Panel is final, without further recourse or appeal by either party.

x. Effective Date of Sanction(s). Sanctions are effective immediately, unless otherwise specified by the SMB Hearing Panel.

xi. Transcript Notation in Cases of Suspension or Expulsion. If the SMB Hearing Panel imposes a sanction of suspension or expulsion, the SMB Hearing Panel Chair will notify the University Registrar to place a notation on the Respondent's transcript reading "Disciplinary Suspension" or "Disciplinary Expulsion," as applicable.

xii. Privacy of the Hearing on Sanction; Final Outcome Letter. In order to comply with FERPA, the Hearing on Sanction is not open to the general public. Accordingly, the Investigator's Report and any other documents prepared by or for the SMB Hearing Panel in advance of the Hearing on Sanction may not be disclosed outside of the proceedings, except as may be required or authorized by law. In addition to complying with FERPA, the University is required to comply with the Clery Act. Under the Clery Act, both the Complainant and the Respondent must be informed, simultaneously, in writing, of the "result" of any disciplinary proceeding. The Clery Act defines "result" as "any initial, interim, and final decision by any official or entity authorized to resolve disciplinary matters within the institution." "Result" must include "any sanctions imposed by the institution, and notwithstanding FERPA, the rationale for the result and the sanctions." The Clery Act defines "proceeding" as "all activities related to a non-criminal resolution of an institutional disciplinary complaint, including, but not limited to, fact-finding investigations, formal or informal meetings, and hearings." 12

Consistent with these legal requirements, following a Hearing on Sanction, the SMB Hearing Panel Chair will simultaneously issue a written decision (the "Final Outcome Letter") to both the Complainant and the Respondent. The Final Outcome Letter will contain the name of the Respondent; the violation(s) of this Policy for which the Respondent was found responsible, as supported by the rationale contained in the Investigator's Report; the sanction(s) imposed against the Respondent; and the rationale for such sanction(s). The Final Outcome Letter will also identify any remedial measures implemented with respect to the Respondent or broader University community. The Final Outcome Letter will not contain any individual remedies provided to the Complainant. The University may not impose any restrictions on the re-disclosure of the Final Outcome Letter. The parties are free to share the contents of the Final Outcome Letter with whomever they choose.

2. Voluntary Informal Resolution

a. Election to Pursue Voluntary Informal Resolution. A Complainant may elect to pursue Voluntary Informal Resolution of a complaint under this Policy unless (A) the alleged Sexual Misconduct constitutes a form of Sexual Assault (or otherwise involves the use of Force or violence), or (B) facts alleged in the complaint or other information in the possession of the University (e.g., a history of prior misconduct) suggest, in the sole reasonable discretion of the Dean, an ongoing risk to the University community. In addition, at any time prior to the completion of an investigation, the Complainant may decide to change his or her election from Formal Resolution to Voluntary Informal Resolution (if the conditions for electing Voluntary Informal Resolution are otherwise met), by so notifying the Investigator, in which case the matter will be referred to the SMB Chair for proceedings in accordance with this Section. Voluntary Informal Resolution is an alternative resolution process; it is not mediation.

i. Purpose of Voluntary Informal Resolution; Proceedings before SMB Chair. Voluntary Informal Resolution provides an opportunity for the Complainant to confront the Respondent, in the presence of, and facilitated by, the SMB Chair, or his or her designee. Voluntary Informal Resolution allows the Complainant to communicate his or her feelings and perceptions regarding the alleged incident, and his or her wishes and expectations regarding protection in the future. The Respondent will have an opportunity to respond.

ii. Role of Advisors in Voluntary Informal Resolution. Advisors to the parties may be present during Voluntary Informal Resolution for the limited purpose of providing support, guidance and/or advice, but may not speak on behalf of the parties or otherwise directly participate in the proceedings. The SMB Chair may remove or dismiss advisors who become disruptive or fail to abide by the limitations on their participation.

iii. Voluntary Informal Resolution Where Respondent Accepts Responsibility. If, during the Voluntary Informal Resolution proceedings, the Respondent chooses to acknowledge his or her actions and accept responsibility for the alleged Prohibited Conduct, the Voluntary Informal Resolution will be concluded and the SMB Chair will propose a sanction. If both the Complainant and the Respondent agree to such proposed sanction, the complaint will be resolved without any further rights of appeal by either party. If either the Complainant or the Respondent objects to the proposed sanction, the SMB will convene a Hearing on Sanction. The outcome of this Hearing on Sanction will be final.

iv. Voluntary Informal Resolution Where Respondent Contests Responsibility. If, during the Voluntary Informal Resolution, the Respondent contests the complaint of alleged Sexual Misconduct, ODOS may nevertheless impose a No-Contact Order and other Interim Remedial Measures agreed upon by the parties, or (with or without such agreement) based on information derived from the Voluntary Informal Resolution, taken together with any other relevant information in the possession of the University.

v. Election of Formal Resolution. The University or the Complainant may, at any time prior to the conclusion of the Voluntary Informal Resolution, elect to end the Voluntary Informal Resolution proceedings and initiate Formal Resolution proceedings instead. In such cases, the SMB Chair will refer the case to the Investigator, who will commence an Investigation (or complete an Investigation, if one has already been commenced) and may consider, in preparing the Investigator's Report, any statements or disclosures made by the parties in the course of the Voluntary Informal Resolution proceedings.

vi. Privacy of Voluntary Informal Resolution. In order to promote honest, direct communication, information disclosed during the Voluntary Informal Resolution proceedings must remain private while the Voluntary Informal Resolution is pending, except where disclosure may be required by law or authorized in connection with duties on behalf of the University.