Title IX - Rights, Responsibilities, and Options

The following information provides a short summary of your rights and options after filing a complaint.

I. General Information

  • It is extremely important that you preserve evidence as it may be necessary to prove the complaint you are making or needed to obtain a protection order.  In the case of physical violence, including sexual violence/assault, domestic violence, and dating violence, you should go directly to the emergency room and should not bathe, urinate, douche, brush teeth, drink liquids, or change clothes until after you are examined and, if necessary, a rape examination is completed.
  • Once you have made a complaint, you have several options, including, but not limited to:
    • Contacting parents or a relative
    • Seeking legal advice
    • Seeking personal counseling
    • Pursing legal action against the perpetrator
    • Pursing disciplinary action
    • Requesting that no further action be taken
  • If requested, the Title IX Coordinator will assist you in contacting campus police or local law enforcement regarding the incident.  You may decline to notify such authorities.
  • If you have obtained a temporary restraining order or other no contact order against the alleged perpetrator from a criminal, civil, or tribal court, please provide such information to the Title IX Coordinator.  The College will take all reasonable and legal action to implement the order.

II. Institutional Procedures

  • The College’s Title IX: Non-Discrimination and Anti-Harassment Policy (http://www.benedictine.edu/student-handbook) :
    • Will provide a prompt, fair, and impartial resolution of your complaint.
    • Is carried out by College officials who have received training on these issues and how to conduct an investigation and hearing process that promotes safety and accountability.
    • Provides you and the accused the right to have a support person accompany you to all aspect of the investigation and resolution process. The support person may not advocate like an attorney would in court.
    • Ensures that both you and the accused will be notified simultaneously in writing of the outcome of all stages of the process, including any appeals.
    • Prohibits retaliation by the accused or anyone else against you for making a complaint.

III. Possible Sanctions or Protective Measures

  • Interim Measures: At any time during the investigation, the Title IX Coordinator may impose interim remedies or protections for the parties or witnesses.  These may include separating the parties, placing limitations on contact between the parties, suspension, or making alternative living, class-placement, or workplace arrangements.
  • Sanctions:  If there is a finding that a violation has occurred, sanctions may include counseling or training, separation of the parties, and/or discipline of the respondent, including written reprimand, suspension, demotion, termination, or expulsion.

IV. Confidentiality

  • If you request confidentiality or ask that a complaint not be investigated, the College will take reasonable steps to investigate and respond to the complaint consistent with the request.  However, the College’s ability to respond may be limited in such cases, and the College may not be able to grant such a request when the accused poses a continuing threat to the College Community.

V. Options for Changing your Current Situation

  • Pending final outcome of an investigation, you may be allowed to change your academic, living, transportation, or work situation if options to do so are reasonably available.  This may occur regardless of whether you choose to make a complaint to campus police or local law enforcement.

VI. Resources Available

  • Emergency Police– 911 (or 9-911 from a campus phone)
  • Sean Mulcahy, Director of Residence Life and Title IX Student Coordinator – 913-360-7500 (contact to report sexual harassment and assault for students)
  • Dr. Kimberly Shankman, Title IX Coordinator – 913-360-7413
  • Counseling Center – 913-360-7621
  • Student Health Center– 913-360-7117
  • Campus Security– 913-360-8888
  • RD on-call– 913-360-7070
  • 24 Hour Local DoVes Sexual Assault & Dating/Domestic Violence Line– 1-800-367-7075
  • Atchison Hospital Emergency Department– 913-360-5324
  • Special Guidance Regarding Sexual Violence:

All victims of sexual violence are encouraged to immediately call for medical help via the Residence Life Staff or by calling 9-911. Victims are also encouraged to report to law enforcement or campus safety officials. The College will provide support during local law enforcement investigations. Victims should be reminded to preserve evidence (no bathing, no changing clothes); to go to the local hospital as soon as possible; and to begin personal counseling. 

If you are a Complainant or a Respondent, what opportunity will you be given to participate in the process?

  • Parties may provide evidence to the investigator (documents, notes, emails, letters, or anything else relevant to the facts).
  • Parties may provide a written statement outlining the relevant facts or information they wish considered in the investigation.
  • Parties may identify witnesses they would like interviewed.
  • Parties may use the assistance of an advisor.
  • Parties may request interim measures designed to eliminate the behavior/harassment.
  • A party who has been the victim of sexual assault may pursue criminal charges. Pursing criminal charges may be in addition to filing with the Student Life Office. Filing with Student Life Office is not required prior to filing criminal charges and you can elect to pursue both avenues—criminal complaint and Student Life Office investigation.