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Administrators announce update of sexual misconduct policy

December 30, 2014

MSU President Lou Anna K. Simon announced the finalization of the new Relationship Violence & Sexual Misconduct Policy in an email on Monday afternoon. The new policy will take effect on Jan. 1, 2015.

The aim, Deputy General Counsel Kristine Zayko said in an interview in September, is to ensure MSU complies with the newest iteration of the Violence Against Women Act, a federal law that included new requirements with its renewal.

Much of the additions that had appeared in the proposal for the new policy remain. Dating violence, domestic violence and stalking were all prohibited actions added to the updated policy, in addition to expanded definitions which lay what does and does not constitute consent. 

The new policy also gives amnesty for alcohol, drug use and possession violations on sexual violence cases, so that students may report incidents without fear of legal penalties.

In public events, such as Take Back the Night, where students and employees may disclose previously unknown instances of sexual harassment, under the update the disclosures “are not considered notice” to MSU unless the victim files a complaint.

Additionally, on MSU's website for the new policy are a number of new flowcharts detailing the procedures for different investigations and disciplinary processes, which had previously been more ambiguous.

"Comprehensive training for faculty and staff will be announced during the spring semester. Current training for students will be enhanced to include information about the new policy," Simon said in the release. 

The revisions come in the midst of an investigation by the U.S. Department of Education into whether MSU may have violated guidelines for the federal law Title IX, which was revealed last February by The State News.

In a letter sent by university officials in February, MSU's Title IX coordinator and senior advisor to President Simon, Paulette Granberry Russell said investigators would examine whether MSU’s processes for handling sexual assault follow federal guidelines. 

She insisted MSU leaders were doing everything in their power to address the problem.

Department of Education spokesman Jim Bradshaw told The State News in February that the planned visit to campus was directly related to an official investigation into sexual harassment and violence complaints pending against the university.

The Office of Inclusion and Intercultural Initiatives revealed its own report from their investigations of sexual assaults on campus earlier this month

It revealed that the office, known as I3, had received 81 student claims of sexual misconduct in the 2013-2014 school year, out of which 21 received a formal investigation.

The report also revealed that since August 2011, 174 reports of sexual misconduct involving students were filed to I3. Only 47 of those cases underwent investigation, the other 127 did not undergo formal investigation due to either a claimant not being able to participate or no jurisdiction in the matter. 

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