Title IX policy

https://studentaffairs.duke.edu/sexual-misconduct-prevention-and-response

DUKE’S COMMITMENT TO ADDRESSING SEXUAL MISCONDUCT

Duke is proactive in its efforts to address and reduce instances of sexual discrimination, sexual harassment and sexual violence. Below students will find information about Title IX, university policies and procedures regarding sexual misconduct, and additional related information.  A note on terminology used below:  A “complainant” is defined as a student who reports being the victim of sexual misconduct.  A “respondent” is defined as a student alleged to have committed sexual misconduct.

If you have any questions regarding this information, please contact any of these offices for more information:

If you feel you have been subjected to sexual misconduct or discrimination, you should seek assistance as soon as possible. Report an incident of sexual misconduct, or contact the Women’s Center and/or Duke Police.

Sexual Misconduct Policy
Duke has a comprehensive policy prohibiting student-on-student sexual misconduct. The Sexual Misconduct Policy applies to all students.

Frequently asked questions and answers about the Sexual Misconduct Policy are available here.

The Office for Institutional Equity receives reports of sexual misconduct in which an alleged perpetrator is a non-student.

Individuals do not need to determine whether or not an incident constitutes an act of sexual misconduct in order to report it.

Sexual Misconduct Defined

Consent Defined

Alcohol and Other Drugs and Consent
The use of alcohol or other drugs can impair effective communication about sexual activity and can hinder one’s ability to pick up on danger cues and resist an assault. Alcohol or other drugs can also lower inhibitions and create an atmosphere of confusion over whether consent is freely and effectively given.

Reporting Sexual Misconduct on Campus
Students are encouraged to report incidents of sexual misconduct to the Office of Student Conduct.

Students should be aware that, with the exception of the confidential resources of Student Health staff, Counseling and Psychological Services staff, Women’s Center staff, and clergy acting in that professional role at Duke, all employees who become aware of conduct that might fall under this policy are expected to notify the Office of Student Conduct with the names of the parties involved and the details of the report. Students who serve in an ongoing peer-advising role (such as Resident Assistants) are also expected to share such reports with the Office of Student Conduct.

Reporting Sexual Misconduct to Law Enforcement
Reporting an incident of sexual misconduct to the Office of Student Conduct does not preclude a complainant from proceeding with simultaneous action with law enforcement authorities. Students have the option of reporting—or not reporting—to the appropriate law enforcement agency any criminal conduct. (Duke Police has jurisdiction over incidents that occur on campus; Durham Police has jurisdiction for off-campus incidents that occur within the City of Durham. A student who is unsure of which law enforcement agency to report an incident to can always start with Duke Police at 919-684-2444.)

Resources for Students Who Experience Sexual Misconduct
The Women’s CenterStudent Health, the Office for Institutional Equity (specifically Howard Kallem, Title IX Coordinator, 919-684-1437), the Student Disability Access OfficeCounseling and Psychological Services, and disciplinary advisors with the Office of Student Conduct can provide access to many levels of assistance and resources, including:

  • Victim advocacy
  • Housing assistance
  • Counseling
  • Academic accommodations
  • Disability services
  • Health and mental health services
  • Guidance through the disciplinary process

For additional resources and information, see

Resources for Students Accused of Sexual Misconduct
Students accused of sexual misconduct through the university’s disciplinary process are presumed innocent of any violation unless and until they are found responsible for a violation of the Sexual Misconduct Policy or other university policy.  Resources available to respondents include the Office for Institutional Equity (specifically Howard Kallem, Title IX Coordinator, 919-684-1437), the Student Disability Access Office,  Counseling and Psychological Services, and disciplinary advisors with the Office of Student Conduct. Resources include:

  • Guidance through the disciplinary process
  • Housing assistance
  • Counseling
  • Academic accommodations
  • Disability services
  • Health and mental health services

Additional Information for International Students
International students, whether complainants or respondents, should contact Duke Visa Services for assistance in determining how their actions will affect their visa statuses in the U.S. This office will provide regulatory guidance for any complainant  or respondent considering a reduced course load, leave of absence, or change to a nonimmigrant status. Respondents will also receive guidance on how any disciplinary actions by the institution could affect their visa status and/or referral to a qualified immigration attorney.

Confidentiality
A student may confidentially discuss a violation of the sexual misconduct policy (i.e., without the information being reported to the Office of Student Conduct) to Student Health staff, Counseling and Psychological Services (CAPS) staff, Women’s Center staff, and clergy acting as such in their professional role at Duke. The university has a number of confidential resources available for victims of sexual misconduct.

A student who is the reported victim of sexual misconduct may request that the Office of Student Conduct not reveal the complainant’s identity in responding to a report.

Investigation and Hearing Procedures

Appeals

Bystander Intervention

Bystander intervention—that is, not being a passive observer to behavior that potentially could lead to victimization, but rather, taking proactive preventive action— can reduce the incidence of sexual and relationship violence on and off campus. Duke trains participants in our intervention program to intervene in safe and creative ways, rather than standing aside as passive bystanders.

https://studentaffairs.duke.edu/wc/gender-violence/information-parents