Reporting

Upon receipt of a report, the Office of Institutional Compliance/Title IX reviews the report for the following purposes:

• the applicability of Policy 1005 and referral to the appropriate party for review if the report describes conduct that may be prohibited under another university policy;
• the need to respond to any immediate physical health and safety risks that arise from the report. 
• The initial review is not a formal investigation, nor is its purpose to determine whether a policy violation has occurred. 

In situations where the complainant's contact information is not provided or is inaccurate, the University will attempt to obtain accurate contact information to conduct outreach. 

For Reports of Alleged Sexual Misconduct

The Office of Institutional Compliance/Title IX also reaches out to the complainant to inform the complainant about: 

• available resources and supportive measures or interim measures; 
• the right to contact law enforcement or to decline to do so; 
• the right to seek medical treatment; 
• the importance of preserving evidence; 
• the right to bring an advisor of their choice to meetings; 
• CNU’s prohibition on retaliation; 
• contact information for the Office of Institutional Compliance/Title IX;  
• the option and procedures for filing a formal complaint and the process the University uses to adjudicate formal complaints; and 
• If the complainant is a student, the notification will also include information about amnesty

Upon receipt of a report of alleged sexual violence, the Title IX Coordinator or Deputy Title IX Coordinator will convene the Campus Review Committee-Sexual Violence (CRC-SV) pursuant to Policy 1055 Campus Violence Prevention. 

The specific procedures the university uses to determine if emergency removal is justified for a respondent can be found in Policy 1055 Campus Violence Prevention. 

The complainant is not obligated to respond to the notification from the Office of Institutional Compliance/Title IX and the decision about what, if any, resources and options to utilize will rest with the complainant.

For Reports of Alleged Discrimination and/or Harassment on the Basis of Protected Characteristics or Status

The Office of Institutional Compliance/Title IX shall also contact the complainant about:

• available resources and interim measures;
• CNU’s prohibition on retaliation;
• the right to contact law enforcement or to decline to do so;
• contact information for the Office of Institutional Compliance/Title IX; and
• the options and procedures for resolving the report through informal resolution or formal resolution.

Anyone who wishes to involve law enforcement should contact law enforcement directly and at any time, irrespective of ongoing investigations or other coordination with the Office of Institutional Compliance/Title IX, and no one should dissuade individuals from exercising their right to do so. Involving law enforcement does not preclude individuals from also reporting to the Office of Institutional Compliance/Title IX. While individuals have the right to notify or decline to notify law enforcement, to preserve options, the University encourages immediate reporting to law enforcement. To contact:

• CNU Police: call 757-594-7777 (for on-campus emergencies and non-emergencies) 
• Newport News Police Department: call 911 (emergencies off-campus in Newport News) or 757-247-2500 (non-emergencies off-campus in Newport News) 

If individuals are unsure which police department to contact, they are encouraged to contact the Christopher Newport University Police Department, which will assist in determining which law enforcement agency has jurisdiction to respond to the report. 

Pending a decision to report to police, it is strongly encouraged that individuals take immediate steps to preserve all evidence in any form that could be used for an investigation. Evidence preservation is enhanced in the following ways:

• Do not wash your hands, bathe, or douche. Do not urinate, if possible.
• Do not eat, blow your nose, drink liquids, smoke, or brush your teeth if oral contact took place.
• Keep the clothing worn when the incident took place. If you change clothing, place the worn clothing in a paper bag (evidence deteriorates in plastic).
• Obtain a forensic sexual assault examination by a Sexual Assault Nurse Examiner (SANE Nurse) within 120 hours of the incident. (Regardless of whether a forensic exam is obtained within the first 120 hours after the incident, individuals are encouraged to seek care to address any medical concerns.)
• Do not destroy any physical evidence that may be found in the vicinity of the incident and do not clean or straighten the location of the crime until law enforcement officials have had an opportunity to collect evidence.
• Tell someone all the details you remember and/or write them down as soon as possible.
• Maintain text messages, voice mails, pictures, online postings, video, and other documentary or electronic evidence that may corroborate a report.

In situations where a report has been made to CNU Office of Institutional Compliance/Title IX and to law enforcement, the existence of criminal proceedings will not unnecessarily delay or interrupt procedures outlined in this policy, unless the law enforcement agency or prosecution advises that the Office of Institutional Compliance/Title IX procedures be suspended, in which case the University will determine whether and for how long to suspend its procedures. Evidence and information gathered during the Office of Institutional Compliance/Title IX investigation of a formal complaint may be shared with law enforcement as permitted by law.

All full-time and adjunct faculty, all full- and part-time staff (other than staff who are designated as confidential resources), all graduate student employees, and undergraduate student employees who are Resident Assistants (RA), Residence Hall Front Desk Assistants (FDA), Intramural Supervisors, Group Fitness Instructors, Personal Trainers, and Fitness Supervisor Leads, are designated as responsible employees.

• If a responsible employee, within the course of their regular, paid duties, receives information regarding an incident of sexual misconduct including sexual harassment involving a member of the CNU community, the responsible employee must report all relevant information directly to the Office of Institutional Compliance/Title IX as soon as possible.
• Relevant information includes all details about the alleged incident that the complainant or third-party reporter has freely shared and that the office of institutional Compliance will need to make an initial assessment, such as the names of the respondent, the complainant, and other individuals who are potential witnesses and the date, time, and location of any incidents that were disclosed to the responsible employee.
• The responsible employee is encouraged to take appropriate steps to address the immediate needs of the individual making the report but will not investigate allegations or pressure the complainant to disclose information not freely given to the responsible employee.
• The responsible employee must inform any individual who has disclosed information concerning an alleged incident of sexual misconduct that as a responsible employee, they are required to disclose the information to the Office of Institutional Compliance/Title IX. If the complainant or third-party reporter is requesting confidentiality or to remain anonymous, the responsible employee can share that request with the Office of Institutional Compliance/Title IX but cannot withhold the identity of the complainant or third-party reporter from the Office of Institutional Compliance/Title IX.
• Referring the report to a confidential resource, law enforcement, or a university authority other than the Office of Institutional Compliance/Title IX does not fulfill the responsible employee’s reporting obligation.

• If an individual discloses an experience of dating or domestic violence, sexual assault, sexual exploitation, sexual harassment, or stalking to you, you are encouraged to listen and refrain from offering your opinions. Do not ask the individual for more information beyond what they voluntarily provide, unless necessary to address immediate safety concerns.
• If timing allows, you may gently interrupt the individual to let them know that you are a responsible employee and required to report to the Office of Institutional Compliance/Title IX. Let them know that there are confidential resources on campus if they would prefer to speak to someone who is not required to report. if the individual who is disclosing is a student, offer to connect them to an on-campus confidential resource such as Counseling Services or Accessibility and Care Team Support.
• You may assure the individual that a report to the Office of Institutional Compliance/Title IX does not mean that the individual will have to take any particular action and that in general the person alleged to have caused harm will not be notified. It means the individual who reported will be given access to support and information regarding their options.
• Let the individual know what information you will be sharing and who you will be sharing it with. Keep the information confidential beyond what you are required to share.
• Share that the Office of Institutional Compliance/title IX will send the individual an introductory email with information about resources but that the individual is not obligated to respond.
• Follow the established reporting protocol for the office or department you are working in and report to the Office of Institutional Compliance/Title IX.
• Consider checking back with the individual a short time later and offer to connect them with support resources if they would like.

CNU prohibits retaliation against a group or individual exercising rights under and/or participating in, or not participating in, any procedures under policy 1005. Claims of retaliation may be reported to the Office of Institutional Compliance/Title IX.

Claims of alleged retaliation by students (including student employees) will be referred to the Center for Honor Enrichment and Community Standards (CHECS), utilizing procedures laid out in the Student Handbook for addressing allegations of misconduct.

Claims of alleged retaliation by employees will be handled under procedures laid out in respective handbooks including the University Handbook or Virginia Department of Human Resource Management policies for addressing allegations of misconduct.

• Inquiries or complaints concerning discrimination/harassment on the basis of race, color, national origin, sex including Sexual Misconduct, age, disability, or retaliation may be directed to the United States Department of Education’s Office for Civil Rights (OCR).
• Inquiries or complaints concerning discrimination and harassment of employees may also be directed to the following: U.S. Equal Opportunity Employment Commission (EEOC)
• Virginia Department of Human Resource Management (DHRM)