Title IX

EVMS Title IX Policy on Non-Discrimination

In accordance with Title IX of the Education Amendments of 1972, EVMS does not discriminate on the basis of sex and is committed to providing its educational programs and activities in an environment that is free from both sex discrimination and sexual misconduct.  Sex Discrimination and/or Sexual Misconduct are strictly prohibited by EVMS.  This prohibition applies to all members of the EVMS community, including employed and community faculty, residents, staff employees, students, vendors or visitors, and applies to all EVMS sponsored activities and programs, whether on or off the EVMS campus. 

Reports and Formal Title IX Complaints

Anyone in the EVMS community who feels that they have been subjected to, or who believes that someone they know has been subjected to, Sex Discrimination and/or Sexual Misconduct should immediately report the incident to: 

EVMS will investigate every report of Sex Discrimination and/or Sexual Misconduct and will take appropriate action to remedy same accordingly. 

In addition, anyone in the EVMS community who feels that they have been subjected to, or who believes that someone they know has been subjected to, Sex Discrimination and/or Sexual Misconduct has the right to file a formal Title IX Complaint against the alleged perpetrator.  Such Complaint will be subject to the Title IX - Complaint, Investigation, and Determination Process.

In accordance with the Compliance Reporting/Anti-Retaliation Policy EVMS will not tolerate retaliation against anyone who, in good faith, raises questions, makes a report or files a formal Title IX complaint about actual or suspected Sex discrimination or Sexual misconduct matters. Please note, however that reports/complaints can often contain sensitive and private details about one of the worst moment(s) of a person's life (think sexual assault or other sexual violence ).  Before making any report/formal complaint, you need to review the Confidentiality Considerations and should always try to have the consent of the victim (if the report is made by a witness or other 3rd party).  Confidential Resources are also available to confidential support and victim advocacy .  

Investigation and Disciplinary Action

Whether or not a formal complaint is filed, a finding of sex discrimination or sexual misconduct in violation of this policy will result in disciplinary action that could include termination of employment/dismissal from EVMS in accordance with EVMS student or employee disciplinary action policies, being barred from the EVMS campus (for visitors or vendors) or other actions that EVMS may deem appropriate.  These actions shall be separate and, in some cases may be in addition to, any criminal or civil remedies available. 

Complaint to the Department of Education, Office for Civil Rights

While EVMS would like the opportunity to address your formal Title IX Complaint, you are not required by law to file a complaint with us before filing a complaint with the US Department of Education, Office for Civil Rights.   Thus, if you have made a formal complaint and are unsatisfied with EVMS' handling of that complaint, or you wish wish to make a complaint directly to the  Office for Civil Rights (OCR), you may call 800.421.3481 or use their online complaint process.

 

 

 

Confidentiality Considerations

While we strongly encourage you to make a report or formal complaint of sex discrimination or sexual assault to ensure that EVMS can take appropriate action, before you do, you need to understand the confidential considerations outlined below.  

A. No Confidential Reporting to EVMS Faculty, Staff and Responsible Employees.  All EVMS faculty and staff have a duty to report Sex Discrimination or Sexual Misconduct to the EVMS Office of Compliance pursuant to the EVMS Code of Conduct/EVMS Compliance Program, even if such reports are not in writing.   In addition, all members of the EVMS Police and Public Safety, Student Affairs, Human Resources, Legal and Compliance, and Student Housing Departments are considered "Responsible Employees".  In addition to having a duty to report under the EVMS Code of Conduct/EVMS Compliance Program, all Responsible Employees must immediately report to the Institutional Title IX Coordinator or a Senior Deputy Coordinator if they:

  • Directly or indirectly (i.e. social networking site, discussions from by students, faculty or staff) receive a report of Sex Discrimination and/or Sexual Misconduct;
  • Witness one or more incidents that are or, to a reasonable person, could be construed as Sex Discrimination and/or Sexual Misconduct. 

EVMS has a duty to act  when it receives ANY report or Sex Discrimination or Sexual Misconduct.  As such, there is no such thing as "just a discussion", "off the record", "running something by",  or "bouncing something off" even if made in a casual setting or not in writing and any such requests will not be honored. 

B. No Confidential Reporting via a Formal Title IX Complaint.    If a formal complaint as outlined in the Title IX - Complaint, Investigation, Findings, and Disciplinary Action Process in Section IV is made, the investigator will make every reasonable effort to protect the privacy of all parties involved and will make every effort to  investigate and respond consistent with the victim’s request for anonymity.  In some cases, this means that we can resolve a report or complaint without revealing the complainant's identity.  In some circumstances, this may not be possible, even when the victim requests anonymity and/or requests that the alleged perpetrator not be punished.  In such event the victim will be advised what disclosures will need to be made and to whom.  It should be noted that maintaining anonymity will substantially limit the ability of EVMS to complete its investigation and respond effectively.  An individual who requests anonymity that results in a limited investigation may, at any time within a year of the anonymous complaint, request that such anonymity be lifted and a full investigation  conducted.

C.  Potentially Confidential Reporting via the Compliance Hotline.  Anyone can make an anonymous report to the EVMS Office of Compliance using the compliance hotline known as AlertLine.  This hotline is staffed by a 3rd party vendor and allows individuals to provide as much, or as little,  information as they desire.  All information provided by the reporter will sent to the Institutional Title IX Coordinator or a Senior Deputy Coordinator for further investigation to the extent possible given the information provided.  Please note that while the hotline allows one to make a 100% anonymous report, the details of the situation and or the provision of witnesses names can lead to the revelation of the victim's identity.

Confidentiality can never be guaranteed and, as such, it is also your right to not to make a report or formal complaint.  If you or someone you know want to talk with someone confidentially, please review the Confidential Resources page.