Civil Rights Policy for the Campus Community

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Policy Created 5/10/2017. Modified 3/8/2018; 8/14/2020; 10/16/2020.

Southeastern Oklahoma State University affirms its commitment to an educational and working environment free from discrimination, harassment, and retaliation. The procedure outlined in this policy specifically covers all civil rights except for Title IX and other gender-based misconduct matters for all faculty, students, staff, student and employee applicants, contractors, and visitors when the University becomes aware of discrimination, harassment, or retaliation through a complaint or by other means. Parts 3, 4, and 6 of this policy include guidance and information about remedies for all civil rights matters, including Title IX and gender-based misconduct. For the full Title IX and gender-based misconduct policy please consult the Regional University System of Oklahoma Title IX Policy.

Southeastern is committed to promptly ending any instances of discrimination, harassment, or retaliation and taking appropriate measures to effectively prevent the repetition of such conduct. The University will impose appropriate sanctions to reasonably ensure that such actions are not repeated, and steps will promptly be taken to remedy the effects of the misconduct.

The University is committed to preventative programming and outreach to the campus community in order to improve campus attitudes and understanding about discrimination, harassment, sexual misconduct, effective consent, bystander intervention, and other important behavioral wellness topics.

Policy Statement

In accordance with state and federal laws, the University will not discriminate in any employment practice, education program, education activity, or admissions on the basis of race, color, religion, national origin, age, sex, sexual orientation, gender identity, or veteran status. The following individual has been designated to handle inquiries regarding nondiscrimination policies and Title IX:

Michael J. Davis
Special Assistant to the President for Compliance
Title IX Coordinator and Equal Employment Opportunity Officer
Russell Building, Room 303
425 W. University Blvd., Durant, OK 74701
mdavis@se.edu | (580) 745-3090

Title IX of the Education Amendments of 1972 protects people from sex discrimination in educational programs and activities at institutions that receive federal assistance.

Primary Authority

The application of other University policies not related to discriminatory misconduct may trigger this policy if any report or complaint that arises under those processes contains elements of discriminatory misconduct, and will therefore be addressed in accordance with this policy prior to the resolution of other claims.

Examples: A student grade appeal typically routed through the Academic Appeals Committee, but which contains allegations of racial discrimination, must first be evaluated in accordance with the policies and procedures contained herein before continuing through that committee. An employee appeal from suspension, demotion, or discharge which contains allegations of gender-based discrimination must first be evaluated in accordance with the policies and procedures contained herein before continuing through that committee.

Policy Approval History

Action	Date
Director of Compliance and Safety — Southeastern Oklahoma State University	March 1, 2017
Regional University System of Oklahoma General Counsel’s Office	April 17, 2017
President of Southeastern Oklahoma State University	May 10, 2017
Policy Revisions Enacted	March 8, 2018
Policy Revisions Enacted after new Title IX Regulations	August 14, 2020
Policy Revisions Enacted after implementation of RUSO Title IX Policy	October 16, 2020

Part One: Overview

1.1 Preservation of Academic Freedom and Intellectual Inquiry

The definition of discriminatory misconduct, including harassment and retaliation, in this policy is meant neither to proscribe nor to inhibit discussions, in or out of the classroom, of complex, controversial, or sensitive matters, when related to a reasonable pedagogical purpose. Southeastern promotes intellectual inquiry and debate. The mere expression of views that might be seen as offensive does not by itself create a hostile environment or constitute a per se violation of this policy. The exercise of protected speech does not violate this policy.

1.2 Prohibited Acts

Section	Prohibited Act	Definition
1.2.A	Discrimination	Conduct directed at a specific individual or group of individuals that subjects them to treatment that adversely affects their employment or education, or their access to institutional programs, benefits, or activities, on account of race, color, genetic information, religion, national origin, sex, age, disability, sexual orientation, gender identity, or status as a veteran. Any act or omission that meets the criteria outlined by statute or caselaw for any civil rights law applicable to the University, including the laws cited in this policy, with the exception of Title IX and Title VII gender-based discrimination, harassment, and retaliation, which is governed by a separate policy.
1.2.B	Harassment	Any act, statement, or combination of acts and/or statements, on account of race, color, religion, genetic information, national origin, age, disability, or status as a veteran, that is so objectively and subjectively severe or pervasive that it: (1) deprives an individual of access to the education or employment opportunities or benefits provided by the University; (2) creates a hostile or abusive work or educational environment; or (3) creates a hostile or abusive environment for a visitor so as to deprive a reasonable visitor from exercising legal rights or privileges granted by the University in furtherance of the University’s mission. Harassing conduct may take many forms, including verbal acts and name-calling; graphic and written statements, which may include use of cell phones or the Internet; or other conduct that may be physically threatening, harmful, or humiliating. Harassment does not necessarily have to include intent to harm, be directed at a specific target, or involve repeated incidents.
1.2.C	Attempts and Complicity	Attempts to commit or encouraging others to commit acts prohibited by this policy will be sanctioned to the same extent as if one had committed the prohibited act. Apathy or acquiescence in the presence of prohibited conduct may constitute a violation of this policy.
1.2.D	Retaliation	Any attempt to penalize or retaliate against a person for filing a complaint or participating in the investigation of a complaint of discrimination, retaliation, or harassment will be treated as a separate and distinct violation. Retaliating against a person who brings a complaint forward or against an individual who has participated or is participating in an investigation or this process is prohibited both by this policy and by law. Acts of retaliation include but are not limited to intimidation, threats, and harassment — whether physical or communicated verbally or in writing — as well as adverse changes in work or academic environments.
1.2.E	Obstruction	Obstruction, misdirection, and interference with investigation procedures or outcomes is prohibited. This includes falsification, distortion or misrepresentation of information; knowingly filing a complaint without good faith; harassment or intimidation of an individual involved in the investigation and sanction process including witnesses; and failure to comply with sanctions properly imposed through the conduct process.

1.3 Training for Employees and Students

Educational materials related to sexual misconduct will be disseminated to each new employee and student in an online format, and these materials will be designed to be compliant with Clery Act law. This is achieved through the use of the Safe Colleges modules for students and employees and ongoing training and awareness programs conducted by the University.

1.4 Designation of and Requirements for Responsible Employees

All instances of discrimination, harassment, and retaliation should be properly reported to the Coordinator or any person in their direct chain of command at Southeastern, any supervisor, or to the RUSO Board. Such instances may also be reported to external agencies. Any supervisor who witnesses or becomes aware of conduct that they reasonably believe may be discriminatory or retaliatory must promptly report the conduct to the Coordinator, even if the supervisor has not received a complaint.

Southeastern has designated all employees except health care providers and clinical counselors in the Wellness Center as mandatory reporters of discrimination. This means that if any instance of discrimination, harassment, or retaliation is reported to a University employee, that employee should immediately report the incident or situation to the Coordinator. An employee’s report should include all relevant details, including time, place, and the individuals involved, so that the University can conduct a prompt and proper investigation. An employee should not share this information with law enforcement unless there is an emergency or a complainant requests such a report.

1.5 The Civil Rights and Title IX Committee

The Civil Rights & Title IX Committee, or an appointed panel therefrom, will hear all claims arising under this policy, including discrimination, harassment, and retaliation related to a civil rights protection or Title IX. This includes all claims that cut across the various constituencies of faculty, staff, students, contractors, and visitors. Additionally, it includes all claims that the institution’s policies, procedures, services, determinations, or other actions are discriminatory, and cases where there is no specifically named respondent.

Note: A subset of Civil Rights and Title IX Committee members will be trained at least annually on issues specifically relating to Title IX and the four VAWA-specific categories of Dating Violence, Domestic Violence, Sexual Assault, and Stalking in compliance with the RUSO Title IX Policy. This training is required by 79 CFR 62773 § 668.46(k)(2)(ii) and will include definitional understanding (including the definition of consent) and how to conduct a hearing process that protects the safety of victims and promotes accountability.

Part Two: Procedure

2.1 Initial Reporting

Employees, staff, students, campus visitors, or any other participant in a University program or activity who have been a victim of discrimination, harassment, or retaliation should report the incident immediately.

2.1.A Emergency Reporting to Police

Incidents of discrimination do not always amount to criminal conduct, but instead are enforced through administrative processes to preserve equity, equal opportunity, and the protection of civil rights. However, some conduct covered by this policy is indeed criminal and should be reported as such — especially acts of discrimination and harassment that include crimes such as physical abuse and vandalism. Filing a police report allows for immediate evidence gathering procedures to be implemented, which preserves future options regarding criminal prosecution, university conduct sanctions, and civil or criminal actions against the perpetrator.

Incidents can be reported to Campus Police at 301 University Boulevard by calling their emergency number at 580-745-2911 or non-emergency number at 580-745-2727. If the incident occurred off-campus, call the local Police Department by dialing 911. Reports made to Campus Police will simultaneously notify University officials.

2.1.B Non-Emergency Reporting to the University

All university employees have a duty to forward information reported to them to the Coordinator, any person in their direct chain of command at Southeastern, or the RUSO Board, unless they are a confidential resource such as a health care provider or clinical counselor in the Wellness Center. Reporting parties may want to consider carefully whether they share personally identifiable details with non-confidential employees, as those details will be shared with the Coordinator.

If a reporting party does not wish for their name to be shared, does not wish for an investigation to take place, or does not want a formal resolution to be pursued, they may make such a request to the Coordinator, who will evaluate that request with legal counsel in light of the duty to ensure campus safety and comply with federal law. In cases indicating pattern, predation, threat, weapons, and/or violence, the University will likely be unable to honor a request for confidentiality.

A reporting party has the right, and can expect, to have reports taken seriously by the University when formally reported, and to have those incidents investigated and properly resolved through this policy. Formal reporting still affords privacy to the reporter, and only a small group of officials who need to know will be told, including but not limited to: the Title IX Coordinator; Division of Student Affairs; Campus Police; and the Behavioral Intervention Team. Records will not be disclosed outside the University unless required by law.

To report any act of discrimination, harassment, or retaliation covered by this policy, the primary point of contact is:

Michael J. Davis, EEO/Title IX Coordinator
Russell Building, Room 303
580-745-3090
mdavis@se.edu

2.1.C Anonymous Reporting

Anonymous reports may prompt a need for the institution to investigate and should not be utilized for reporting emergencies. Anonymous reporting may inherently limit the scope of the investigation due to limited information and evidence. The following anonymous reporting options are available:

1. File a student misconduct report through the University’s Maxient incident reporting system: Maxient Incident Report
2. File a “silent witness” report with Campus Police: Silent Witness Information Form
3. Download the 911Shield app on your iPhone or Android smartphone and file an “iReport” with Campus Police.
4. File an anonymous tip with the Regional University System of Oklahoma through the RUSO Tip Line in EthicsPoint: RUSO EthicsPoint Tip Line

2.1.D Confidential Reporting

For students: If a student would like the details of an incident to be kept confidential and would like to decline to report an incident to the University or law enforcement, they may still speak with counselors in the Southeastern Oklahoma State University Student Counseling Center, GDJ Student Union, Room 200, (580) 745-2988. The Counseling Center will maintain confidentiality except in extreme cases of immediacy of threat or danger or abuse of a minor. Campus counselors are available to help free of charge to students and can be seen on an emergency basis during normal business hours.

For employees: Employees can contact the Crisis Control Center at (580) 924-3000. Additionally, employees can contact the National Sexual Abuse Hotline at 800-656-4673. Resources may also be available through the Employee Assistance Program offered through Lincoln National Life Insurance Company at 1-877-757-7587 or eapadvantage.com.

2.1.E External Reporting

Employees may make Title VII discrimination and/or retaliation complaints to an appropriate external agency:

U.S. Equal Employment Opportunity Commission (EEOC)
1-800-669-4000
info@eeoc.gov

U.S. Department of Justice Civil Rights Division
(202) 514-4609 | TTY: (202) 514-0716

Oklahoma Office of Civil Rights Enforcement (OCRE)
(405) 521-3921

Note: Victims reporting violations of this policy should be aware that university administrators must issue immediate timely warnings for incidents reported to them that are confirmed to pose a substantial threat of bodily harm or danger to members of the campus community. The University will make every effort to ensure that a victim’s name and other identifying information is not disclosed, while still providing enough information for community members to make safety decisions.

2.2 Investigation of a Grievance

2.2.A Process

An individual may initiate the investigation process by filing a grievance with the Coordinator. Employees may additionally report such grievances to any person in their direct chain of command at Southeastern, and to the RUSO Board directly using the EthicsPoint reporting system. Grievances must be reduced to writing if they are not already in writing, and may be submitted using the Civil Rights Grievance Form, the Maxient incident reporting platform, or by mail, email, or hand-delivered letter to the Coordinator.

The investigation process will be prompt, fair, and impartial, completed within a reasonable timeframe and without undue delay. The individuals conducting the investigation shall not have a conflict of interest or bias for the complainant or respondent. Good cause for delay or extension includes considerations such as the absence of a party, a party’s advisor, a witness, concurrent law enforcement activity, or accommodation requirements.

The respondent is always presumed not responsible for the alleged conduct until a determination regarding responsibility is made at the conclusion of the grievance process.

2.2.B Distinct and Separate Process

The University may undertake a short delay to allow evidence collection when criminal charges on the basis of the same behaviors are being investigated by police or other law enforcement. University action will not be precluded on the grounds that civil or criminal charges involving the same incident have or have not been filed or that charges have been dismissed or reduced. The Civil Rights process is distinct from any criminal investigation and flows from the University’s obligation under equity laws to ensure it is providing a safe and nondiscriminatory environment.

2.2.C Gatekeeping

No formal investigations shall commence unless the Coordinator or designee determines through a preliminary investigation that enough information exists and that a case merits investigation. This gatekeeping function is based on whether reasonable cause exists to believe that policy may have been violated. If the preliminary stages of investigation do not produce sufficient evidence to believe a policy may have been violated, the investigation will cease and no formal notice of allegations will be issued and no hearings will be held.

2.2.D Investigation Procedures

If the complainant is not anonymous and is available, the Coordinator or appropriate designee will meet with the complainant to discuss the complaint submitted, review the investigation and hearing process, and discuss the outcome desired from the complaint.

If the respondent in the grievance is a student, then the Student Conduct Coordinator and/or other appropriate Student Affairs professionals may be appointed to conduct an investigation. If the respondent is an employee, contractor, or visitor, the Coordinator or trained designee will investigate.

The investigation will include meeting with the complainant(s) and respondent(s), meeting with relevant witnesses, reviewing any relevant evidence submitted by the parties, and making any site visits as needed. Parties may have an advisor present during any investigation meeting. The role of the advisor will be limited to being present only; the advisor will not be permitted to speak to anyone other than their advisee during any meeting, interview, or hearing, with the exception of cross-examination within the hearing setting. If the advisor is an attorney, the party shall notify the Coordinator that an attorney will be present at least two days prior to the meeting.

The parties involved will have equal opportunities to present information to the investigators, including the opportunity to present witnesses (fact and expert) and other inculpatory and exculpatory evidence. The investigator will create an investigative report that fairly summarizes relevant evidence and, at least 5 days prior to a hearing, send it to each party and the party’s advisor (if any) in an electronic format for their review and written response.

Under no circumstances, except with voluntary consent, will an individual be required to discuss the alleged discriminatory and/or retaliatory conduct with the person alleged to have committed the discrimination and/or retaliation.

2.3 Agreement-Based Resolution Options

In appropriate cases the University may choose to pursue agreement-based resolution with the consent of all parties at any point in the investigation process. When an informal agreement-based process is commenced the parties will receive written notice disclosing the allegations, the requirements of the informal resolution process, information relating to waiver of full investigation and hearing as a result of the agreement-based process, and the right to withdraw from the informal process and resume the formal process.

Alternative resolution options can include mediation, admission of misconduct, specific action plans, voluntary agreements, or sanctions. Any alternative resolution must be reduced to writing by the Coordinator and signed or electronically assented to by each party and by the Coordinator. All parties will be notified of the right to end the alternative resolution process at any time and resume the formal process.

2.4 Hearing Procedures

If an agreement-based resolution option is inappropriate or declined by the parties or by the University, a hearing will take place if there is still, after investigation, enough reasonable cause on which to hold a hearing.

A panel of three Civil Rights and Title IX Committee members will be assembled to hold a live hearing. Any investigators of the case are not eligible to serve on the hearing panel. Neither a respondent nor a complainant may be one of the decision-makers charged with determining whether the respondent discriminated or retaliated against the complainant.

Hearing notification will occur at least five days in advance and include the hearing date, time, and location. No fewer than five days prior to the hearing, the parties shall be provided the investigative report that will be submitted to the hearing panel for review.

The hearing includes opening statements, discussion of relevant parts of the investigation report, information about the incident or incidents, presentation of information by witnesses brought by the parties, cross-examination of the parties and witnesses, and closing statements. Each party is permitted to have a person of their choosing to accompany them throughout the hearing as an advisor.

Cross-examination must take place in a phased process. Each party’s advisor is permitted to ask the other party and any witnesses all relevant questions and follow-up questions, including those challenging credibility. Such cross-examination must be conducted directly, orally, and in real time by the party’s advisor — never by a party personally. Before a complainant, respondent, or witness answers a cross-examination question, the decision-maker(s) must first determine whether the question is relevant. If a party does not have an advisor present at the live hearing, the University will provide, without fee or charge, an advisor of the University’s choice for the limited purpose of asking questions during cross-examination.

At either party’s request, the hearing may be arranged with the parties located in separate rooms with technology enabling the decision-maker(s) and parties to simultaneously see and hear the party or witness answering questions.

The standard of proof used in all university hearings is preponderance of the evidence.

The University will record an audio or audiovisual recording of any live hearing and make it available to the parties for inspection and review.

2.5 Outcome

The outcome will be determined by a majority vote of the panel, and the sanction can be based not just on the facts in the present case but also on any conduct history of the respondent in totality. Both parties will be notified within fourteen business days after the hearing.

The written outcome determination will include:

• A reference to the policy provision alleged to have been violated
• A summary of the allegations
• Conclusions regarding the application of the Civil Rights Policy to the facts, including whether the respondent is found responsible or not responsible for each discrete allegation

The University will provide the written determination to the parties simultaneously. The determination regarding responsibility becomes final either on the date that the University provides the parties with the written determination of the result of the appeal (if an appeal is filed), or, if an appeal is not filed, the date on which an appeal would no longer be considered timely.

2.6 Appeal

Appeals shall be on paper, to a three-person panel of the Civil Rights & Title IX Committee who are not the same persons who sat on the initial hearing panel. The written appeal must include the basis for seeking the appeal and must be received by the Coordinator no later than three (3) business days after the date of the determination being appealed. If no written request for an appeal is received within the time specified, the request will not be reviewed and any sanctions imposed will be final.

An appeal must be based on one of the following:

1. Procedural irregularity that affected the outcome of the matter.
2. New evidence that was not reasonably available at the time the determination was made, that could affect the outcome of the matter.
3. The Coordinator, investigator(s), or decision-maker(s) had a conflict of interest or bias for or against complainants or respondents generally, or the individual complainant or respondent, that affected the outcome of the matter.

2.7 Preservation of Other Rights

If a tenured faculty member is dismissed from employment as a result of the process outlined in this policy, that individual preserves the right to appeal to the Appellate Committee on Dismissal of Tenured Faculty Members, consistent with section 4.6.12 in the Academic Policies and Procedures Manual. If a tenured faculty member receives a sanction other than dismissal, that individual preserves the rights in section 4.6.11.

Employees preserve the rights listed in the Employee Handbook, Sections 9 and 10. Nothing in this policy is intended to conflict with those employment appeal rights.

Students who were respondents in a case brought through this policy who received a sanction of suspension, expulsion, or degree revocation maintain their right to a hearing before the Committee on Student Conduct as described in the Student Handbook.

The University may impose an interim suspension on an employee or student during the investigatory phase. If the University pursues this route, employees preserve rights listed in § 9.4 of the Employee Handbook, tenured faculty preserve rights listed in § 4.6.7 of the Academic Policies and Procedures Manual, and students preserve rights listed in § C(2)(g) of the Student Handbook.

Part Three: Victim Care, Protective, and Remedial Measures

3.1 Supportive Measures

Supportive measures are non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the complainant or the respondent before or after the filing of a formal complaint or where no formal complaint has been filed. Such measures are designed to restore or preserve equal access to the recipient’s education program or activity without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the University’s educational environment, or deter harassment.

Supportive measures may include counseling, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, campus escort services, mutual restrictions on contact between the parties, changes in work or housing locations, leaves of absence, increased security and monitoring of certain areas of the campus, and other similar measures. The Coordinator is responsible for coordinating the effective implementation of supportive measures.

Outside of Title IX (see RUSO Policy for Title IX), supportive measures may include:

• Referral to counseling and health services or to the Employee Assistance Program
• Altering the housing situation of an accused student or resident employee (or the complainant, if desired)
• Altering work arrangements
• Providing campus escorts
• Implementing contact or geographic limitations between the parties
• Offering adjustments to academic deadlines, course schedules, dining arrangements, etc.
• Imposing an interim suspension on an employee or student
• Banning specific contractors or visitors from campus
• Re-assignment of job tasks or supervisory authority
• Provision of immediate alternative office location or workstation
• Support and guidance for obtaining a protective order

Medical treatment is available through local physicians or at Alliance Health Durant, where evidence may be collected to preserve the option of prosecution if the complainant so chooses.

The University will provide written notification to victims about options for, and available assistance in, requesting changes to a working situation or other protective measures, regardless of whether the victim chooses to report the crime to campus police or local law enforcement. This written notification will also include options for existing counseling, health, mental health, victim advocacy, legal assistance, visa and immigration assistance, and other services available within the University or the local community.

3.2 Sanctions

3.2.A Possible Sanctions for Students

• Warning.
• Customized Restrictions or Projects: Including but not limited to: letter of apology, presentation of a workshop, preparation of a research paper or project, social probation, community service, assessment or evaluation, counseling, no contact orders (may include restricted access to campus services, amenities, enrollment, facilities, etc.), assigned mentor/role model, required community/organizational involvement, restitution for damages, punitive fines, eviction from residence halls, loss of privileges (visiting privileges in housing or denial of access to computer or other campus services), prohibiting membership or leadership in campus organizations, denial of participation in any official athletic or non-athletic extracurricular activity (including practices or travel), withholding of official transcript or degree, blocking from enrollment for a specified period of time, intervention program (may require a fee), or any combination of the above.
• Conduct Probation: A student may be placed on conduct probation for a specified time frame. If a second violation occurs while a student is on probation, disciplinary action will be based on both charges.
• Suspension: A student may be suspended from the University for a definite period of time not less than the remainder of the current semester. The student who has been suspended may apply for readmission at the close of the period for which they were suspended. A suspension hold will be placed on the student’s transcript during the period of suspension.
• Expulsion: When a student is expelled, a record of this action will be noted on the student’s transcript and it will be a part of the student’s permanent record in the Office of the Registrar. A student who is expelled will not be allowed to re-enter the University.
• Degree Revocation or Rescission of Credit.
• Temporary Suspension: A student may be temporarily suspended from the University or university housing to ensure the safety and well-being of members of the university community or preservation of university property; to ensure a student’s own physical or emotional safety and well-being; and/or if the student poses an ongoing threat or disruption. The temporary suspension does not replace the regular process, which shall proceed on the normal schedule. The student will be notified in writing of this action and the reasons for the temporary suspension, including the time, date, and place of an initial hearing at which the student may show cause why their continued presence on campus or in university housing does not constitute a threat.

3.2.B Possible Sanctions for Employees

• Warning: A formal method of informing an employee of a violation of University rules, guidelines, and/or policies. Additional violations will initiate the progressive disciplinary process.
• Mandated Assessment by a university-approved licensed psychologist, physician, or healthcare provider.
• Access Restrictions: geographically defined as needed.
• Reassignment: relocation to a new job location or new job duties either physically or structurally.
• Demotion: A reduction in rank or status.
• Administrative Leave: Temporary removal of an employee from performing their work duties.
• Nonrenewal.
• Termination: If the nature of the violation is so problematic and/or harmful to the campus community that a warning or suspension is not appropriate, the University’s recommendation will be to terminate employment.

3.2.C Possible Sanctions for Contractors and Visitors

• Warning: A formal method of informing a contractor or visitor of a violation of University rules, guidelines, and/or policies.
• Ban: Individuals or groups may be formally banned from University property or sponsored events.
• Termination: Contractor agreement will be terminated.

Part Four: Disability Rights

4.1 Definitions

Person with a Disability: Any person who has a physical or mental impairment that substantially limits one or more major life activities; has a record of such impairment; or is regarded as having such an impairment.

Major Life Activity: Functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, working, major bodily functions, and an impairment that is episodic or in remission.

A Qualified Individual with a Disability: An individual with a disability who, with or without reasonable modifications to rules, policies, or practices, the removal of auxiliary aids and services, meets the essential eligibility requirements for the receipt of services or the participation in programs or activities provided by a public entity.

4.2 Reasonable Accommodations

The Office of Disability Services is the central contact point for making reasonable accommodation requests in accordance with applicable law. Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act Amendments Act of 2008 protect the right to be accommodated for disability at public institutions of higher education.

It is the responsibility of all students and employees to direct any requests for disability-related accommodations to the Office of Disability Services in a timely manner. Please be prepared to discuss the nature of the disability and to provide relevant documentation if the nature of the disability is not readily apparent. The student or employee will be asked to fill out an information form designating precisely what type of accommodations they feel are needed. Requests should be made in advance of the anticipated need for accommodations. Guests, employment applicants, and other campus visitors may also request accommodations for meetings they attend and other campus functions.

Students must be admitted to and/or enrolled in the University to request accommodations. The Coordinator of Disability Services will make a case-by-case determination of any requesting party’s educational or employment need for any requested auxiliary aids, accommodations, and/or other special services determined to be necessary. These services, and equipment (if deemed appropriate), will be provided at no cost to the student or employee. Students may request accommodations for class, housing, dining, student life (such as organizations, athletics, etc.), and campus jobs. Employees may request accommodations necessary for them to fulfill functions in their job description and to enjoy all the benefits and privileges of employment as enjoyed by similarly situated employees without disabilities.

Student Accommodation Renewal by Semester

It is the responsibility of all students who receive accommodations or services through the Office of Disability Services to renew their accommodation request at the time of their enrollment for any subsequent semesters. This can be done at any time by contacting 580-745-3090. As a matter of practice, the Coordinator of Disability Services will automatically check enrollment for all students who received accommodations or services the prior semester; however, this does not remove the student’s responsibility to renew their request. This renewal is especially important for students who have taken a semester off or declined accommodation during the previous semester.

Interim Accommodations

When accommodations cannot be provided immediately, interim accommodations will be provided when feasible, determined on a case-by-case basis. Interim accommodations are not indicative that a reasonable accommodation will be approved, but are courtesies until the accommodation request can be processed. Interim accommodations will only be granted for 8 business days. If a student or employee needs a longer interim accommodation, they will need to contact the Office of Disability Services to discuss their options.

Temporary Disabilities

Students with temporary disabilities or injuries may also seek accommodations. The process will be the same as for longer accommodations; however, the accommodation letters may show an end or expiration date, or the Coordinator of Disability Services may request that the student or employee update the office when the accommodation is no longer necessary.

4.3 Documentation

Students and employees requesting accommodations through the Office of Disability Services should be prepared to provide documentation unless their disability and related impairments are readily apparent. While documentation is not always necessary, it is usually necessary and useful in the process of determining the scope and structure of reasonable accommodation on a case-by-case basis. This documentation policy is rooted in disability accommodation documentation guidelines promulgated by the Association on Higher Education and Disability (AHEAD) in April 2012.

Testimonial and Observational Documentation

The documentation process begins with an interactive process and self-report by the student or employee with the Coordinator of Disability Services. This self-report is crucial to a specific understanding of access barriers that a student may encounter at the University and the relation between those access barriers and the disability. In some cases, this step will be sufficient by itself to make an informed determination of eligibility for accommodation.

Written or Formal Documentation

When there are informational gaps in a student or employee’s self-report, and when the existence, scope, and nature of a mental or physical impairment are not apparent, it is appropriate for the Director to request written documentation. Such documentation may include but is not limited to:

• Medical records, reports, or assessments from health care providers
• Information from school psychologists, teachers, or other education providers
• Copies of past accommodation history, including Individual Education Programs (IEP) or Summary of Performance (SOP) documents and 504 Plans
• A letter from a treating physician, psychologist, psychiatrist, or other appropriate medical professional
• Results from appropriate diagnostic instruments administered by a qualified diagnostician
• An audiogram or visual acuity measurement administered by a qualified professional
• Information on file with a Vocational Rehabilitation agency
• Accommodation information from other colleges and universities the student may have attended

The Determination

Once the information-gathering phase is complete, the Coordinator of Disability Services will notify the requesting student or employee within a reasonable time about which accommodations will be made, as well as overall approval or disapproval of the accommodation request. The fundamental question being asked is: “Would an informed and reasonable person conclude from the available evidence that a disability is likely and the requested accommodation is warranted?”

Accommodation letters for students will typically have a longevity of one semester, at which time the student must request renewal. Accommodation letters for employees will be customized to fit the situation. Requests for ineffective modifications, requests that fundamentally alter or undermine the academic mission of the University, or requests that constitute an undue burden will not be deemed reasonable.

Storage and Sharing of Documentation

Disability-related documentation for students and employees registered with approved accommodations is kept for the duration of that student’s enrollment or the employee’s employment at the University. After a student or employee no longer receives accommodations, documents are stored for three years in accordance with state law. No records will be shared beyond a need-to-know basis without the express written and knowing consent of the student.

Student Accommodation Letters

Students who have been approved for classroom accommodations will receive an official Accommodation Letter that details specific approved academic modifications. The Office of Disability Services will send a copy of the Accommodation Letter to each of that student’s faculty members via email prior to the beginning of each semester. It is up to the student to communicate with their instructors if they choose to decline accommodation in a specific class. Students should consult with their instructors the first day of class or during faculty office hours to discuss their accommodations. Any student with a concern that their accommodations are not properly being implemented should immediately contact the Office of Disability Services.

4.4 Housing Accommodations

Requests should be made three months in advance. Late requests may not be accommodated if housing is unavailable, including housing that is already under contract. Accommodation requests in housing will be made by the Coordinator of Disability Services through the normal interactive accommodation process. For housing applications and further information, please contact the Director of Residence Life at (580) 745-2948.

4.5 Dining Accommodations

Students or employees that require dining accommodations in relation to a disability or medical diagnosis or treatment should contact the Office of Disability Services. The Director will work with Dining Services in determining the appropriate accommodation.

4.6 Campus Visitors

All visitors and guests of the University, volunteer employees, guest speakers and presenters, and athletic attendees with disabilities may contact the Office of Disability Services to request accommodations for their attendance or participation as a guest of the University. It is crucial that accommodation requests be made a reasonable time in advance so that accommodations can be in place by the time of the event.

University Commencement Ceremonies

Any guest of a graduate who needs an accommodation for the commencement ceremony should have that graduate self-report during commencement ceremony rehearsal, prepared with details about the accommodation being requested. The commencement ceremony is captioned and a sign language interpreter is on site. Devices that assist with hearing the audio can be tested for compatibility at the arena entrance.

4.7 Captioning Policy

Southeastern Oklahoma State University strives to make the University’s website accessible to all of its students, staff, and visitors. The website is in compliance with Sections 504 and 508 of the Rehabilitation Act, the Americans with Disabilities Act, and University non-discrimination policies.

External Communications

Any media posted to the Southeastern Oklahoma State University webpage that is intended to reach the general public must be captioned in order to provide individuals with disabilities access to information and data comparable to those without disabilities. Media will not need to be captioned where the audio text is already incorporated into the visual media. For information on how to caption your media, please contact the Center for Instructional Development and Technology.

Internal Communications

Captioning in the classroom or the employment environment is considered an accommodation under the ADA, and all accommodation requests for captioning should be made through the Office of Disability Services. Captioning is not required for media that is used in a course restricted to an audience that is known not to include students who need captioning. For help captioning your course material, please contact the Center for Instructional Development and Technology.

4.8 Service and Assistance Animal Policy

Southeastern is welcoming of individuals with disabilities who use service or assistance animals because of a disability. The University does not generally permit animals in campus buildings except as this policy accommodates. The Office of Disability Services is responsible for implementing and assisting students and faculty members with disabilities regarding this policy.

Service Animals

Only dogs and miniature horses may be service animals. A service animal is an animal that has been trained to perform specific work or tasks for a person with a disability. The mere provision of emotional support by the animal’s presence does not make an animal a service animal. Common service animal tasks might include guiding people who are blind or deaf, notifying a person of an imminent seizure, reminding a person to take medication, or intentionally applying calming pressure to a person prone to anxiety or panic attacks.

Service animals are permitted everywhere on campus that the animal may reasonably accompany a person with a disability, including University transportation, classrooms, offices, residence halls, lounges, and common areas. The University may on a case-by-case basis exclude the animal from laboratories or other areas where the presence of the animal may cause an unavoidable hazard or health risk.

When it is not obvious what service an animal provides, University staff may ask only two questions: (1) is the dog a service animal required because of a disability, and (2) what work or task has the dog been trained to perform. The University will not require individuals with service animals to receive permission to have their animal with them on campus, nor will there be any pre-clearance requirement. However, students may wish to voluntarily notify the Office of Disability Services prior to the first day of class.

The University will not charge a surcharge or deposit for having a service animal in campus housing, but reserves the ability to make appropriate assessments of charges to the owner for any damage or cleaning costs for which the animal is responsible. The maximum recommended size for service animals is 50–60 pounds.

Responsibilities of the Service Animal Owner

• Service animals must be kept near the person with a disability and not be permitted to run free.
• Service animals must be compliant with applicable vaccination laws. A copy of the animal’s vaccination history must be submitted to the Office of Disability Services at the beginning of each academic year or upon update of vaccinations, whichever comes first.
• Students intending on having a service animal in campus housing must provide notice prior to the housing application deadline for the applicable semester.
• The animal must be clearly labeled as a service animal and restrained with a harness, leash, or tether, unless the nature of the disability and the animal’s training precludes such restriction, in which case the animal must be reliably controlled by voice or a substitute method. Note: Oklahoma Law requires that a dog used by a deaf or hard-of-hearing person wear an orange identifying collar.
• The animal’s excrement or other refuse must be disposed of by the owner in a prompt and hygienic manner.
• Owners are expected to control the volume of their animal and quell any unreasonable loudness or excitability.
• Animals may not under any circumstances be permitted to jump on, lick, nudge, growl at, or otherwise engage another member of the campus community.
• Animals must be properly cared for, fed, and maintained in reasonable health with due diligence. The University will not be responsible for cleaning up after an animal, feeding an animal, or watching the animal under any circumstance.

Service Animals in Training

Service animals in training are not considered service animals under the ADA. The dog must already be trained before it is considered a service animal. However, they may be permitted upon approval if registered as a service-animal-in-training through the Office of Disability Services.

Assistance Animals

Assistance animals are not service animals. Assistance animals provide emotional support that alleviates the symptoms or effects of a person’s disability, but might not be specifically trained to perform any task or function. Assistance animals are also sometimes called comfort animals, therapy animals, or emotional support animals.

For University Employees (Title I of the ADA): An Assistance Animal may qualify as a reasonable accommodation under Title I of the ADA if it is necessary to enable the employee to perform the essential functions of their position and would not cause undue hardship to the University. Employee requests will be determined on a case-by-case basis by the Office of Disability Services.

For Students (Title II of the ADA): The University permits Assistance Animals only within residential facilities and outdoors, and not within the remainder of campus buildings. An individual may keep an assistance animal in a residence hall if (1) the individual has a disability, (2) the animal is necessary to permit that individual to use and find comfort in their residential space, and (3) there is an actual relationship between the disability and the assistance or emotional support that the animal provides. All accommodation requests for the possession of assistance animals should be made through the Office of Disability Services.

The University will not charge a surcharge or deposit for having an assistance animal in campus housing, but reserves the ability to make appropriate assessments of charges to the owner for any damage or cleaning costs for which the animal is responsible.

Responsibilities of the Assistance Animal Owner

• Assistance animals are required to be contained within the privately assigned residential area. When outside of housing, they must be in a carrier or controlled by a leash.
• Assistance animals must be compliant with applicable vaccination laws. A copy of the animal’s vaccination history must be submitted to the Office of Disability Services at the beginning of each academic year or upon update of vaccinations. Assistance Animals other than dogs and cats must have an annual clean bill of health from a licensed veterinarian.
• Students intending on having an assistance animal in campus housing must provide notice prior to the housing application deadline for the applicable semester.
• The animal’s excrement or other refuse must be disposed of by the owner in a prompt and hygienic manner.
• Owners are expected to control the volume of their animal and quell any unreasonable loudness or excitability.
• Animals may not under any circumstances be permitted to jump on, lick, nudge, growl at, or otherwise engage another member of the campus community.
• Animals must be properly cared for, fed, and maintained in reasonable health with due diligence.
• Assistance animals must be kept in a kennel, crate, or cage-like apparatus when students are not in campus housing.
• Assistance animals are not to be kept in campus housing during any prolonged absence of the student (e.g., leaving town for the weekend or a holiday break; the animal must accompany the student).
• Roommates are not responsible for the care of any assistance animals.
• Students are encouraged to have a plan for their assistance animals in case of emergency.
• A reasonable accommodation that allows an exception to the University’s animal policy does not constitute an exception to any other policy. The student must abide by all other residential policies.

Exceptions to Permitting Service and Assistance Animals on Campus

The University may ask an individual to remove a service or assistance animal from a campus building or from University property if:

• The animal is disruptive to instruction, services, or the use of facilities.
• The animal poses a health or safety risk, or a direct threat to other campus patrons.
• The animal does not have acceptable hygiene or is not housebroken.
• The animal is not kept under control.
• The animal is no longer performing a role of disability-related service or assistance.
• The presence of the animal would fundamentally alter the nature of a program or activity.
• The animal’s owner does not clean up after the animal.
• The University reasonably concludes that the animal is not a service or assistance animal.
• The owner does not comply with any other element of this policy.

If an individual is asked to remove the animal permanently, the process will be handled through the University’s student conduct procedure in consultation with the Office of Disability Services.

Students with Conflicting Disabilities or Health Conditions

Students with medical conditions that are affected by animals are asked to contact the Office of Disability Services if they have a health or safety related concern about exposure to a service or assistance animal. The individual will be asked to provide medical documentation that identifies the medical condition, which will allow the Office of Disability Services to determine whether accommodation is a necessity.

4.9 Disability Grievances

Students, faculty, or staff who have a grievance relevant to disability-related discrimination or harassment, or other disability rights may use the grievance procedure outlined in Parts One and Two of this Civil Rights Policy. For grievances related to appropriate accommodation, accommodation approval or delay, or the service and assistance animal policy, the individual should attempt to correct the alleged violation through the Office of Disability Services. If unable to resolve the problem there, the individual may file a formal grievance in accordance with this policy.

Southeastern is committed to ensuring an inclusive campus community for all students, faculty, staff, and visitors. This includes freedom from discrimination and harassment based on gender identity or transgender status. The University will not exclude, separate, or deny benefits to, or otherwise treat differently on the basis of sex, any person in its educational programs or activities unless expressly authorized to do so under Title IX or its implementing regulations.

Part Five: Transgender Inclusion

Definitions

Gender Identity: An individual’s internal sense of gender. A person’s gender identity may be different from or the same as the person’s sex assigned at birth.

Transgender: Describes those individuals whose gender identity is different from the sex they were assigned at birth.

Gender Transition: The process in which transgender individuals begin asserting the sex that corresponds to their gender identity instead of the sex they were assigned at birth. During gender transition, individuals begin to live and identify as the sex consistent with their gender identity and may dress differently, adopt a new name, and use pronouns consistent with their gender identity. Transgender individuals may undergo gender transition at any stage of their lives, and gender transition can happen swiftly or over a long duration of time.

When the University is notified that a student or employee will begin to assert a gender identity that differs from previous representations or records, the University will begin treating the student or employee consistent with that gender identity. There is no medical diagnosis or treatment requirement that must be met as a prerequisite to being treated consistent with one’s gender identity.

Third Party Harassment

Southeastern will not tolerate harassment that targets an individual based on gender identity or transgender status. If such sex-based harassment creates a hostile environment, the University will take action to end the harassment, prevent its recurrence, and remedy its effects.

Identification and Records

All students, employees, and contractors of Southeastern are expected to treat individuals consistent with their gender identity even if their education or employment records indicate a different sex. This includes an expectation to use the appropriately gendered pronouns, prefixes, or abbreviations when referring to an individual either directly or indirectly.

Southeastern will entertain requests to amend educational records to make them consistent with the student or employee’s gender identity. Unless an individual’s name and/or gender are changed by law, not all documents may be able to be amended.

Facilities, Including Housing

Gender-segregated facilities, including restrooms, locker rooms, housing, and hotel room assignments on University-sponsored trips, must permit access consistent with an individual’s gender identity.

Fraternities and Sororities

Title IX, and the requirements of this University policy, do not apply to the membership practices of social fraternities and sororities. Such organizations are exempt and may have their own policies in regard to sex and gender identity.

Athletics

Southeastern enforces equal opportunity for transgender student athletes. To the extent any of this policy conflicts with current NCAA Division II rules, the official NCAA Division II rules will be the controlling policy as applied to student athletes at Southeastern.

A transgender student athlete should be allowed to participate in any sports activity so long as any use of hormone therapy is consistent with the National College Athletic Association (NCAA) existing policies on banned medications.

Transgender Student Athletes Undergoing Hormone Treatment

1. A male-to-female (MTF) transgender student athlete who is taking medically prescribed hormone treatment related to gender transition may participate on a men’s team at any time, but must complete one year of hormone treatment before competing on a women’s team.
2. A female-to-male (FTM) transgender student athlete who is taking medically prescribed testosterone related to gender transition may not participate on a women’s team after beginning hormone treatment.
3. A female-to-male (FTM) transgender student athlete who is taking medically prescribed testosterone for gender transition may compete on a men’s team with an NCAA-approved medical exception.
4. In any case where a student athlete is taking hormone treatment related to gender transition, the use of an anabolic agent or peptide hormone must be approved by the NCAA before the student-athlete is allowed to participate in competition while taking these medications. The institution, through its director of athletics, may request an NCAA exception by submitting medical documentation from the prescribing physician supporting the diagnosis and treatment.

Transgender Student Athletes NOT Undergoing Hormone Treatment

1. Any transgender student athlete who is not taking hormone treatment related to gender transition may participate in sex-separated sports activities in accordance with their assigned birth gender.
2. A female-to-male transgender student athlete who is not taking testosterone related to gender transition may participate on a men’s or women’s team.
3. A male-to-female transgender student athlete who is not taking hormone treatments related to gender transition may not compete on a women’s team.

Participation in Mixed Gender Sport Activities

A mixed team has both female and male participants and may be restricted in championship play according to specific national governing body rules.

Undergoing hormone treatment:

1. For purposes of mixed gender team classification, a MTF transgender student athlete who is taking medically prescribed hormone treatment shall be counted as a male participant until the athlete has completed one year of hormone treatment, at which time the athlete shall be counted as a female participant.
2. A FTM transgender student athlete who is taking medically prescribed testosterone shall be counted as a male participant and must request a medical exception from the NCAA prior to competing because testosterone is a banned substance.

NOT undergoing hormone treatment:

1. A FTM transgender student athlete who is not taking testosterone may be counted as either a male or female.
2. A FTM transgender student athlete participating on a women’s team shall not make that team a mixed gender team.
3. A MTF transgender student athlete who is not taking hormone treatment shall count as a male.

The Student’s Responsibility

In order to avoid challenges to a transgender student’s participation during a sport season, a student athlete who has completed, plans to initiate, or is in the process of taking hormones as part of a gender transition shall submit the request to participate on a sports team in writing to the athletic director upon matriculation or when the decision to undergo hormonal treatment is made. The student shall submit a letter from their physician documenting the athlete’s intention to transition or transition status, the prescribed hormonal treatment, and documentation of the student’s testosterone levels if relevant.

The student is encouraged to meet with someone who can offer support and advice through the process, if desired. A list of people who might serve in that role is available from the Athletic Director, the Title IX Coordinator, and the Office of the Dean of Students.

Disputation

If at any point the athletics section of this Transgender Inclusion Policy is disputed, the Athletics Compliance Officer shall notify the EEO/Title IX Coordinator. The Civil Rights and Title IX Policy and Procedure will govern the dispute. No part of this policy is intended to conflict with NCAA policies and/or rules for member institutions, and to the extent any such conflict exists, the University will defer to NCAA regulations and interpretations of such regulations.

Policies for Intramural Sports

People participating in any intramural sports or other athletic programs, such as physical education courses, may participate in accordance with their gender identity, should that be relevant, regardless of any medical treatment.

Locker Rooms

Anyone using sports facilities on campus — whether SE athletes, visiting athletes, or other participants and attendees — shall have access to the changing, shower, and toilet facilities that accord with their gender identity. Private facilities will be made available if asked for, but transgender people will not be required to use them.

Accommodations for Travel

When possible, athletes traveling to other schools should be assigned accommodations based on their gender identity, with more privacy provided, if possible, when requested.

Names and Pronouns

Teammates, coaches, and other participants in sports shall refer to people by their preferred names and pronouns.

Dress Codes and Uniforms

Dress codes should enable all athletes and other sports participants to dress in accord with their gender identity. For example, instead of requiring gendered forms of “dressy” such as a skirt or dress, dress codes should require students to dress with appropriate formality in ways that suit their gender identity. Since both transgender and cisgender athletes may have preferred gender expressions that do not conform to traditional norms of dress, this policy should be understood to apply to all athletes. Uniforms, too, ideally should not conflict with an athlete’s gender identity.

Education

Athletes, coaches, trainers, and other people involved in SE Athletics should be educated about trans identities and the principles of transgender inclusion. They should be knowledgeable about how, in their particular roles, to support trans people, and prepared to put this knowledge to use.

At schools or venues where or against which SE athletes compete. Without naming or violating the privacy of transgender athletes or personnel in question, relevant authorities and personnel at schools or venues should be informed about expectations for the treatment of transgender athletes — including accommodation, pronoun, and name use — during and outside of play.