University of Lynchburg is founded on dignity, inclusion, and respect. To preserve these principles for all members of this community, University of Lynchburg is committed to providing an educational and work environment in which no one is excluded from participation in, denied the benefits of, or subject to discrimination in any educational program or activity on the basis of sex or gender identity. Sexual and gender-based harassment, including sexual violence, are forms of sex discrimination that limit a person’s ability to benefit from or participate in University of Lynchburg programs or activities. Sex discrimination is prohibited at University of Lynchburg.
This policy is designed to reflect this principle of non-discrimination, and to comply with applicable state and federal laws, including but not limited to Title IX of the Education Amendments of 1972, which prohibits sex discrimination in all University of Lynchburg programs and activities; Title VII of the Civil Rights Act of 1964, which prohibits discrimination on the basis of sex in employment; the Violence Against Women Reauthorization Act; and Virginia laws that require University of Lynchburg to follow certain procedures in addressing sexual violence. This policy applies to all members of the University of Lynchburg community, and it will be applied and enforced in conjunction with other applicable University of Lynchburg policies and procedures.
This policy specifically prohibits all forms of Sexual and Gender-Based Harassment, including Sexual Assault, Dating Violence, Domestic Violence, Stalking, Coercion, Complicity, Exploitation, and Retaliation, as those terms are defined in this policy (collectively, “Prohibited Conduct,” see definitions provided in section entitled “Prohibited Conduct”). University of Lynchburg will investigate allegations of Prohibited Conduct promptly, in a fair and impartial manner, to end any discrimination, prevent its recurrence, and, as appropriate, to remedy its effects. Violations of this policy may result in a range of sanctions, including dismissal, suspension, expulsion, or termination. Importantly, this Policy does not abridge academic freedom or the educational mission of University of Lynchburg. To the contrary, this Policy ensures that no one is denied access to such benefits because of Prohibited Conduct.
Preventing discrimination is a shared responsibility. Ongoing prevention, training, and awareness programs will be provided to, and required of, students and employees (including faculty) to encourage appropriate actions for preventing Prohibited Conduct and ensuring timely and effective assistance to community members who are impacted by Prohibited Conduct. Retaliation against an individual for acting under this policy is a form of Prohibited Conduct.
This policy applies to Prohibited Conduct that is committed by or against any Student or
Employee when occurring in the context of any University of Lynchburg program or activity.
Prohibited Conduct committed by or against Third Parties will be addressed in accordance with
applicable policies and/or contracts. For the purposes of this policy, the following definitions
- Student: Any student of University of Lynchburg, regardless of whether such student is enrolled in credit- or non-credit courses or on a full-time or part-time basis.
- Employee: Any University of Lynchburg employee, including full-time, part-time, regular part-time, temporary, exempt or non-exempt employee, as those categories are classified in the University of Lynchburg Employee Handbook of Personnel Policies and Procedures. Employees include both Staff Employees and Faculty Employees.
- Third Party: Any vendor, contractor, guest, or other person who is neither a Student nor an Employee.
This policy covers Prohibited Conduct committed by or against any Student, Employee, or Third Party in the context of a University of Lynchburg program or activity, which includes:
- any activity that occurs on the campus of University of Lynchburg or other property owned
or controlled by University of Lynchburg; or
- any activity that occurs in the context of an employment- or education-related activity, regardless of whether it occurs on property owned or controlled by University of Lynchburg, including any academic, educational, extracurricular, athletic, or other University of Lynchburg sponsored program (e.g., study abroad programs, online programs, school sponsored internship programs, etc.).
Even if Prohibited Conduct does not occur on property owned or controlled by University of Lynchburg, or in a school-sponsored off-campus program or activity, this Policy still applies if the Prohibited Conduct has adverse effects on or creates a hostile environment for any Student, Employee, or Third Party in any University of Lynchburg program or activity. For example, if Prohibited Conduct is committed by a Student against another Student over the summer break, this policy applies to any hostile environment or continuing adverse effects from the Prohibited Conduct on a Student’s ability to participate in programs or activities at University of Lynchburg.
A person alleged to have committed Prohibited Conduct under this policy shall be referred to as the “Respondent.” A person against whom Prohibited Conduct is allegedly committed shall be referred to as the “Claimant” (regardless of whether the claim was investigated pursuant to a request from a Claimant or, e.g., after an independent determination by University of Lynchburg that such an investigation was necessary to fulfill the goals of this policy).
As set forth in Section XIV, the process for determining sanctions under this policy will differ in certain respects based on whether the Respondent is a Student, Staff Employee, or Faculty Employee. If a Respondent has more than one status at University of Lynchburg (e.g., if a full-time Student is also a part-time Employee or a full-time Employee is also a part-time Student), the Respondent may be subject to any sanctions applicable to Students or Employees. University of Lynchburg will be more limited in its ability to take action if the Respondent is a Third Party. However, the Title IX Coordinator has resources available to assist all Claimants who are impacted by Prohibited Conduct and will determine the appropriate response for each case.
The procedures for investigating allegations of Prohibited Conduct shall be conducted in a fair and impartial manner to promptly and effectively end any discrimination, prevent its recurrence, and remedy its effects. In determining whether this Policy has been violated, a “preponderance of the evidence” standard shall be applied, which means that a fact-finder shall determine if the Respondent more likely than not is responsible for Prohibited Conduct.
As a recipient of federal financial assistance, University of Lynchburg is required to designate a Title IX Coordinator to coordinate the school’s efforts to comply with Title IX of the Education Amendments of 1972, which prohibits sex discrimination, including sexual violence and sexual and gender-based harassment, in University of Lynchburg educational programs and activities.
The Title IX Coordinator is responsible for monitoring the school’s response to Title IX reports and addressing any systemic problems that are revealed in those reports. To ensure that the Title IX Coordinator can fulfill these responsibilities (and to comply with state law requirements regarding reporting certain acts of sexual violence), subject only to the exception from mandatory reporting for certain Confidential Employees (see infra, Section V.B.), the Title IX Coordinator must be informed of all reports of Prohibited Conduct under this policy, even if those reports are first provided to another individual or office at University of Lynchburg. See infra, Section V, for more details on the University of Lynchburg Title IX Reporting Policy. The Title IX Coordinator also facilitates ongoing training and awareness programs on Title IX for Students and Employees.
Interested persons may contact the Title IX Coordinator to seek information regarding University of Lynchburg policies and procedures for investigating and resolving reports of potential Prohibited Conduct, to report an incident of Prohibited Conduct, and to obtain information about available support resources (including confidential resources) relating to Prohibited Conduct.
The Title IX Coordinator can be contacted during regular office hours:
Office of Equity and Inclusion
Flynn Multicultural Center (second floor, Drysdale Student Center)
1501 Lakeside Drive, Lynchburg, VA 24501
Privacy and confidentiality have distinct meanings under this policy. “Privacy” means that information regarding Prohibited Conduct will be shared only with a limited group of individuals who have a need to know the information to investigate and respond to potential discrimination, remedy its effects, and prevent it from recurring. “Confidentiality” generally means that information regarding Prohibited Conduct that is shared with certain University of Lynchburg Employees will not be shared with others without permission except in certain circumstances required or permitted by law. Student educational records are handled in accordance with University of Lynchburg’s policy for complying with the Family Educational Rights and Privacy Act (FERPA). Access to medical records and related information is governed by the Health Insurance Portability and Accountability Act (HIPAA). Access to employee personnel records is restricted pursuant to University of Lynchburg policies and applicable state or federal laws.
Only a small number of Employees at University of Lynchburg are permitted to keep confidential and not report incidents of Prohibited Conduct to the Title IX Coordinator (“Confidential Employees”). All other Employees are “Responsible Employees,” and are required to promptly report potential incidents of Prohibited Conduct to the Title IX Coordinator. A report to a Responsible Employee is a report to the institution, and University of Lynchburg is generally obligated to investigate. For more information regarding the respective roles and responsibilities of Confidential and Responsible Employees, see Section V of this policy.
A Claimant may request anonymity even after University of Lynchburg is put on notice of Prohibited Conduct. Although such requests will be honored to the extent possible, University of Lynchburg is required by law to consider a variety of factors in determining the extent to which certain information relating to Prohibited Conduct must be shared with legal authorities and with the broader campus community. In cases involving certain types of Prohibited Conduct, state law requires that University of Lynchburg notify law enforcement or prosecutorial authorities. Title IX also requires that a Claimant’s request for anonymity be considered against any potential risks to the safety of the entire community. Information regarding how University of Lynchburg considers requests for anonymity, and the circumstances in which reporting of personally identifiable information to outside authorities is required, can be found in Sections X and XI.
Certain anonymous information also must be reported to comply with federal law. Pursuant to the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (the “Clery Act”), University of Lynchburg must collect and disclose non-personally identifiable information regarding certain crimes that are committed on campus property, property controlled by University of Lynchburg, or on nearby public property. This anonymous data is included in an annual security report that is provided to the U.S. Department of Education. The Clery Act also requires University of Lynchburg to issue timely reports with non-identifying information regarding
certain crimes that are considered serious and immediate threats to students or employees.
In accordance with University of Lynchburg policy concerning notice to parents regarding student discipline and consistent with FERPA, University of Lynchburg reserves the right to contact parents or guardians of a dependent student in disciplinary matters involving probationary status, suspension, or expulsion. For policy information, see “Notification of Parents Concerning Student Discipline” in the Honor and Student Conduct Codes and Regulations.
The Prohibited Conduct defined in this section is prohibited regardless of the sex, sexual orientation, and gender identity and/or gender expression of the Claimant or the Respondent.
Sexual Harassment is a form of sex discrimination that is prohibited by Title IX. Sexual Harassment is unwelcome conduct of a sexual nature, including unwelcome sexual advances, requests for sexual favors, or other verbal, nonverbal, graphic, or physical conduct of a sexual nature, when (1) submission to or rejection of such conduct is made either explicitly or implicitly a condition of an individual’s employment or academic standing or is used as the basis for employment or academic decisions or evaluations (“quid pro quo” sexual harassment); or (2) such conduct creates a “hostile environment” because it is sufficiently severe, persistent, or pervasive that it interferes with or limits the person’s ability to participate in or benefit from University of Lynchburg education or work programs or activities. In determining whether alleged conduct constitutes Sexual Harassment, the totality of the circumstances will be considered, including the nature of the conduct and the context in which the conduct occurred.
For conduct of a sexual nature to be harassment, the conduct must be unwelcome. Conduct is unwelcome if it was not requested or invited. The fact that a Claimant acquiesced or did not affirmatively or expressly object or resist does not mean that conduct was welcome. In addition, the fact that a Claimant might permit, acquiesce, or not object to conduct on one occasion does not mean that similar conduct is welcome on subsequent occasions.
Whether a hostile environment exists will be evaluated from a subjective and objective perspective – i.e., from the perspective of a reasonable person in the Claimant’s position, considering all the circumstances. Relevant factors include, but are not limited to, the following:
- the degree to which the conduct affected the access of one or more persons to education or work programs or activities;
- the type, frequency, and duration of the conduct;
- the identity of, and relationship between, the Respondent and the Claimant, including whether the Respondent was in a position of authority over the Claimant (1);
- the number of individuals involved;
- the location of the conduct;
- other incidents involving similar conduct against other members of the University of Lynchburg community by the same Respondent or other individuals; and
- incidents of other Prohibited Conduct involving the same or other individuals.
(1) Even consensual relationships may be prohibited or otherwise subject to the University of Lynchburg Consensual Relationships Policy in the University of Lynchburg Employee Handbook of Personnel Policies and Procedures. It is possible that a Claimant who is not part of such a relationship but who is subject to discrimination on account of the relationship may have a claim under this policy.
In some instances, a single event (e.g., a Sexual Assault) will be sufficiently severe to create a hostile environment. In other circumstances, repeated and pervasive but less overtly sexual conduct might take on sexual connotations and rise to the level of sexual harassment.
Gender-Based Harassment is verbal, nonverbal, or physical aggression, intimidation, or hostility based on sex, sexual-orientation, sex-stereotyping, gender identity, transgender status, or gender expression, not involving conduct of a sexual nature, that is sufficiently severe, persistent, or pervasive to deny or limit a person’s ability to participate in an education or work program or activity at University of Lynchburg. For example, persistently harassing a Student or Employee for failing to conform to stereotypical notions of masculinity or femininity constitutes Gender-Based Harassment under this policy.
Sexual Assault is Non-consensual Sexual Intercourse or Non-consensual Sexual Contact.
Non-consensual Sexual Intercourse means the penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the Consent of the victim.
Non-consensual Sexual Contact means any intentional and non-accidental touching of the private body parts of another person, causing another to touch one’s private body parts, disrobing or exposure of another person, without Consent. Private body parts may include the breasts, genitals, buttocks, groin, or any other part of the body that is touched in a sexual manner.
For the definition of Consent, and related definitions related to Incapacitation and Coercion, see Section VIII.
Domestic Violence is a violence committed by:
- a current or former spouse or intimate partner of the victim;
- a person with whom the victim shares a child in common;
- a person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner;
- a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the violence or threatened violence occurred; or
- any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction in which the violence or threat of violence occurred. (2)
(2) In Virginia, the protections of the domestic and family violence laws extend to (i) the accused’s spouse
or former spouse, parents, stepparents, children, stepchildren, brothers, sisters, half-brothers, half-sisters,
grandparents, and grandchildren, regardless of whether those persons reside in the same home as the
accused; (ii) parents- and siblings-in-law of the accused who reside in the same home with the accused;
(iii) any individual who has a child in common with the accused, whether or not the accused and such
person have been married or have resided together at any time; or (iv) any individual who cohabits with
or who, within the previous 12 months, cohabited with the accused, and any children of either of them
residing in the same home with the accused. See Va. Code. §§ 18.2-57.2, 16.1-228.
Dating Violence is violence committed by a person against one with whom such person is or has been in a social relationship of a romantic or intimate nature. The existence of such a relationship will be determined based on the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. Dating Violence does not include acts covered under the definition of Domestic Violence.
Dating and Domestic Violence include, but are not limited to, physical or sexual abuse and the threat of such abuse.
Stalking is engaging in a course of conduct (i.e., two or more acts) directed at a specific person that would cause a reasonable person to:
- fear for the person’s safety or the safety of others; or
- suffer substantial emotional distress (i.e., significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling).
Stalking includes, but is not limited to, acts in which the stalker directly, indirectly, or through other persons, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property.
Complicity is any act with the purpose of facilitating, encouraging, or promoting the commission of Prohibited Conduct by another person.
Sexual Exploitation is using, invading, or taking advantage of the sexual privacy of another without Consent for any purpose, including for sexual gratification or financial gain; exceeding the boundaries of consent. Examples of Sexual Exploitation include, but are not limited to, the following:
- prostituting another individual;
- allowing other persons to observe sexual activity or the intimate parts of another from a hidden location or by electronic means;
- video- or audio-recording of private sexual activity or the intimate parts of another without Consent;
- removing barrier protection in the middle of sexual activity without obtaining Consent to engage in sexual activity without barrier protection; or
- knowingly transmitting or exposing a person to a sexually transmitted disease.
Retaliation is intimidation, threats, coercion, discrimination, or adverse action against an individual for making a good faith report of Prohibited Conduct or for assisting, as a witness or otherwise, with an investigation under this policy. Retaliation may be present even when a Respondent is found “Not Responsible” for Prohibited Conduct. Retaliation might also include acts for the purpose of interfering with any report, investigation, proceeding, or administrative action under this policy, including but not limited to actions that violate any protective measures implemented pursuant to this policy. For the purposes of this definition, interfering with an investigation does not include the decision of any individual not to participate or assist in any investigation or proceeding, but it does include affirmative efforts to destroy, conceal, or prevent access to information and evidence needed to effectuate this policy. (3)
(3) Acts that interfere with reports, investigations, or proceedings under this policy that do not constitute Retaliation might nevertheless violate other University of Lynchburg policies and procedures.
Consent means an informed, voluntary, and affirmative choice to permit or participate in sexual activity demonstrated through clear and mutually understandable words and/or actions. Consent cannot be obtained by Force, Coercion, or taking advantage of the Incapacitation of another. Consent cannot be inferred from silence or lack of resistance, and Consent may require verbal communication. Consent given on one occasion does not imply Consent to the same conduct on any subsequent occasion. A person who commits sexual acts is responsible for seeking Consent from the other participant(s), and Consent may be withdrawn at any time.
Consent to engage in sexual activity with one person does not imply consent to engage in sexual activity with another person. (4)
In determining whether Consent was effective, the circumstances will be evaluated to determine whether the Respondent knew, or reasonably should have known, that the Claimant did not Consent or was incapable of Consent because of Force, Coercion, or Incapacitation.
(4) Under Virginia law, a person under the age of thirteen can never provide Consent.
Force is the use of threats, physical violence, intimidation or Coercion to overcome or prevent an individual’s right to object and withhold Consent to unwelcome sexual conduct.
Coercion is any use of unreasonable pressure to compel someone to engage in unwelcome sexual activity, including through threats of physical, emotional, moral, reputational, financial, or other harms to the Claimant and/or others if sexual activity is resisted. Factors relevant to determining whether Consent was obtained by Coercion include the frequency, intensity, and duration of any pressure imposed upon the Claimant, and whether the Claimant was physically isolated in a way that limited the ability to withhold Consent to sexual activity.
Incapacitation is lacking the conscious knowledge of the sexual activity and/or being unable to comprehend the nature or extent of the activity. Incapacitation can result from alcohol, drugs, or other substances; sleep; temporary or permanent mental impairment; and/or youth. In evaluating Incapacitation, University of Lynchburg will consider whether the Respondent knew, or whether a reasonable and sober person in the same situation should have known, that the Claimant was Incapacitated.
Incapacitation is more than intoxication. However, the impact of alcohol and other drugs varies from person to person. Engaging in sexual activity when one of the individuals involved has been drinking or using other drugs is risky behavior, and the prudent course of action is to forego sexual activity entirely when there is any doubt regarding an individual’s ability to Consent. Intoxication or drunkenness by the Respondent does not negate the responsibility to obtain Consent.
Before speaking with someone on campus, a Claimant is encouraged to consider whether he/she wishes for the disclosure of incident information to remain confidential or to constitute a report that will be investigated by the University. Only a small group of University employees are able to maintain the confidentiality of incident information regarding Prohibited Conduct.
There are multiple ways to report incidents of Prohibited Conduct. The following section outlines both formal reporting and confidential reporting. Retaliation for making a report is prohibited under this policy.
1. Amnesty Policy
To encourage a culture of voluntary reporting of Prohibited Conduct, the University of Lynchburg will not take disciplinary action for the personal use of drugs or alcohol when such personal use is disclosed by someone who reports Prohibited Conduct or assists an investigation.
2. Confidential Reporting
Students and Employees can obtain confidential support services from confidential employees at the following locations on campus (note: all employees working in the following locations are considered confidential employees with respect to personally identifying information):
- Counseling Center, Hundley Hall, terrace level, 434.544.8616 (students only).
- Health Center, Hundley Hall, terrace level, 434.544.8357 (students only).
- Spiritual Life Center, located at 500 Brevard Street, 434.544.8348 (students and employees).
Free confidential support services are also available to Employees through an off-campus Employee Assistance Program (“EAP”) that is operated through a contract with a third-party vendor. Such services can be contacted at the following:
- Employee Assistance Program (EAP), 2250 Murrell Road, Suite B5, Lynchburg, Virginia 24501, 434.845.1246.The EAP does not share any personally identifying information with the University of Lynchburg.
Confidential Employees are generally permitted to maintain the confidentiality of information regarding Prohibited Conduct and are not required to disclose information that is learned about Prohibited Conduct while working in their professional capacity. If an Employee has roles at the University as both a Confidential Employee and a Responsible Employee, only information learned in the role for which one is deemed a Confidential Employee can be maintained as confidential. Moreover, Confidential Employees might be required to disclose otherwise confidential information if (i) the person who disclosed information to a Confidential Employee provides written consent; (ii) the information involves suspected abuse of a minor; (iii) to prevent a risk of serious harm to the disclosing individual or any other person; or (iv) such information is required or permitted to be disclosed by law or court order.
Confidential Employees are not required to report information regarding Prohibited Conduct to the Title IX Coordinator except as described above. However, Confidential Employees are required to inform Students and Employees who have experienced Prohibited Conduct that they have a right to request a Title IX investigation at the university and also separately to file a complaint with local law enforcement or the U.S. Department of Education’s Office of Civil Rights. Confidential Employees also must explain to a potential Claimant that Title IX and this policy prohibit retaliation for reporting Prohibited Conduct. Confidential Employees will also provide Claimants with information regarding available counseling, medical, mental health, academic, and other support services, as set forth in Appendix A. Contact information regarding confidential off-campus resources is also set forth in Appendix A.
A Claimant who wishes to speak only with a Confidential Employee must understand that the University will be unable to conduct an investigation into the particular incident or to pursue disciplinary action against an alleged perpetrator. A Claimant who initially opts to make a confidential disclosure may later decide to file a report with the University of Lynchburg and/or the Lynchburg Police Department.
3. Formal Reporting to the Title IX Coordinator
The University of Lynchburg encourages, but does not require claimants to make a formal report of alleged Prohibited Conduct to the Title IX Coordinator and, when such Prohibited Conduct might constitute a crime, to report such conduct to law enforcement. Assistance and support will be made available regardless of whether a Claimant requests a formal investigation of Prohibited Conduct or makes a report to law enforcement.
The Title IX Coordinator can be contacted during regular office hours:
Office of Equity and Inclusion
Flynn Multicultural Center (second floor, Drysdale Student Center)
1501 Lakeside Dr.; Lynchburg, VA 24501
Please see Section IX Initial Assessment, Interim Actions, Protective Measures and Accommodations for information regarding the next steps taken by the Title IX Coordinator once information regarding alleged prohibited conduct is received.
4. Reporting to Law Enforcement
Claimants or other persons may notify, or decline to notify, law enforcement authorities of Prohibited Conduct. The Lynchburg Police Department may be contacted at the following:
Lynchburg Police Department
911 – Emergency
905 Court Street
Lynchburg, VA 24504
Reports of Prohibited Conduct may be made to law enforcement even if the Claimant does not wish to pursue criminal charges (although an investigation might not proceed without participation by the Claimant). Moreover, a report to law enforcement may be made instead of, in addition to, or simultaneously with a report to the Title IX Coordinator(5). More information regarding the importance of preserving evidence, even if the Claimant chooses not to notify law enforcement or pursue criminal charges, can be found in subsection B of this section.
(5) Responsible Employees are required to report Prohibited Conduct to the Title IX Coordinator even if a report is made to law enforcement.
There is no deadline on when reports of Prohibited Conduct will be accepted by the Title IX Coordinator for resolution pursuant to this policy. Should a Claimant wish to pursue criminal charges through the criminal justice system, statutes of limitations might apply to certain conduct under state law. The University of Lynchburg strongly encourages prompt reporting so that evidence is preserved, witnesses can be interviewed, and so that any contact with or control over the Respondent is not compromised by the passage of time.
Claimants are strongly encouraged to preserve evidence for use in potential legal proceedings or in the Title IX investigation. Claimants should document the dates, times, witnesses, and any other relevant information about the incident. Claimants should also preserve clothing that was worn at the time of the assault and any electronic or other communications, including text messages, emails, social media postings, photographs, videos, and any other evidence (including evidence located on smartphones or mobile devices). In addition to addressing urgent medical needs, consultation with a medical provider immediately following an incident of Prohibited Conduct may be necessary to document and photograph medical injuries.
Claimants who have experienced sexual assault are encouraged to avoid showering, douching, changing clothes, brushing teeth, going to the bathroom, throwing away sheets, eating, drinking, or doing anything that might destroy or alter evidence before a forensic exam may be completed by a medical professional. Forensic exams can be completed and performed at no charge and with no obligation to file a criminal complaint. For additional information on medical resources, including forensic exams, see Section VI.
Whether an Employee is required to report Prohibited Conduct about which the employee has become aware to the Title IX Coordinator depends on whether the Employee is a Confidential Employee or a Responsible Employee. At the University of Lynchburg, only Employees in the Health and Counseling Center and the Spiritual Life Center(6) (including administrative support personnel in these offices), are Confidential Employees who are permitted to maintain the confidentiality of information regarding Prohibited Conduct. All other Employees – i.e., nearly every Employee at the university except this limited number of Confidential Employees – are Responsible Employees and must report to the Title IX Coordinator all information regarding Prohibited Conduct, including personally identifiable information.
(6) Certain Employees at the University of Lynchburg serve as Ministers on Call through a program administered through the Spiritual Life Center. For the purposes of this policy, such Ministers on Call are Confidential Employees when acting in their respective capacities as Ministers on Call.
Responsible Employees are required to report Prohibited Conduct to the Title IX Coordinator. A Responsible Employee is any Employee who is not a Confidential Employee, including certain Student Employees (e.g., Resident Assistants, On-Call Graduate Assistants, Graduate Teaching Assistants) when they are acting as Employees. A Responsible Employee is required to report immediately to the Title IX Coordinator all relevant information upon learning of potential Prohibited Conduct, whether that information was learned directly or indirectly, from whatever source. This includes personally identifiable information of the persons involved and the time and location of the incident. Prior to receiving any potentially reportable information from a Claimant, Responsible Employees should attempt to explain that (i) the Responsible Employee is required to report Prohibited Conduct to the Title IX Coordinator; (ii) the University will consider a request from a Claimant to maintain his/her anonymity; and (iii) a Claimant may seek confidential support services from a Confidential Employee if they prefer to do so.
University of Lynchburg offers a variety of resources to individuals who are impacted by Prohibited Conduct. Assistance is available on an ongoing basis, but individuals are encouraged to consider certain options immediately following an incident of Prohibited Conduct. These resources include options for all members of the University of Lynchburg community who are impacted by Prohibited Conduct, whether as a Claimant, a Respondent, or as a witness.
The safety and well-being of the Claimant should be the first priority following an incident of Prohibited Conduct. Individuals who have experienced Prohibited Conduct are encouraged to seek immediate medical attention through the following resources:
Students may seek medical attention on campus during regular business hours:
- University of Lynchburg Student Health Center
Hundley Hall, terrace Level
Students and Employees may seek medical attention through off campus medical providers and resources, including the following:
- Free Clinic of Central Virginia
1016 Main Street
Lynchburg, VA, 24504
- Lynchburg General Hospital Emergency Department
1901 Tate Springs Road
Lynchburg, VA 24501
(Emergency medical and mental health treatment and forensic examinations)
- Virginia Health Department
- Lynchburg Health Department
307 Alleghany Avenue
Lynchburg, VA 24501
(Free and confidential STD/STI testing, pregnancy testing)
- Doctor: WebMD.com: Physician directory
In addition to treating physical injuries, medical providers can also help document and preserve evidence that can be useful if a Claimant later pursues legal action or remedies through Title IX. For additional information regarding preservation of evidence, see Section V.C.
The following resources are also available on a 24-hour basis.
- Lynchburg Police Department: 911 (emergency); 434.847.1602 (non-emergency)
- Campus Safety and Security
First floor, Hall Campus Center
Students and Employees can obtain confidential support services at the following locations on campus:
- Counseling Center, Hundley Hall, terrace level, 434.544.8616 (students only)
- Health Center, Hundley Hall, terrace level, 434.544.8357 (students only)
- Spiritual Life Center, located at 500 Brevard Street, 434.544.8348 (students and employees)
Free confidential support services are also available to Employees through an off-campus Employee Assistance Program (EAP) that is operated through a contract with a third-party vendor. Such services can be contacted at the following:
- Employee Assistance Program (EAP), 2250 Murrell Road, Suite B5, Lynchburg, VA 24501, 434.845.1246
The EAP does not share any personally identifying information with University of Lynchburg.
IX. Initial Assessment, Supportive/Protective Measures and Accommodations (No Contact Orders), and Interim Actions
All reports of Prohibited Conduct will be referred for initial assessment to the Title IX Coordinator. The Title IX Coordinator or his/her designee will conduct an initial assessment of the report and determine whether there are any immediate health or safety concerns for the Claimant or other members of the University of Lynchburg community. The Title IX Coordinator also must assess whether the report relates to conduct that must be entered anonymously into the daily crime log or requires a timely warning to the community pursuant to the Clery Act.
If the alleged Prohibited Conduct involves “sexual violence” as defined under certain provisions of state law (i.e., “physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent”) committed against a student, the Title IX Coordinator must promptly report the alleged Prohibited Conduct to the Review Committee for an evaluation pursuant to Section X.
The Title IX Coordinator, or her designee (including, but not limited to, Deputy Title IX Coordinators, deans in the Office of the Dean of Students, the Dean on Call, or Campus Safety Officers), will determine the appropriate response to the matter, including whether interim actions are needed. The Title IX Coordinator will also work with the Claimant to identify and implement reasonable protective measures and accommodations, when needed.
The Title IX Coordinator will provide a Claimant with written information regarding:
- the importance of, and the options available for, seeking medical treatment;
- the importance of collection and preservation of evidence;
- options for a protective order;
- options for notifying or declining to notify law enforcement, including assistance that is available to help the Claimant notify law enforcement;
- the available campus options for investigation and adjudication under this policy;
- the Claimant’s right to participate or decline to participate in any investigation;
- the applicable confidentiality laws that govern information provided by the Claimant;
- available on-campus resources and unaffiliated community resources, including sexual assault crisis centers, domestic violence crisis centers, legal assistance, visa and immigration assistance, student financial aid, or other victim support services;
- the availability of protective measures and accommodations as described in this policy, regardless of whether the Claimant contacts law enforcement or requests to initiate Formal or Alternative Resolution under this policy; and
- the prohibition on Retaliation as a form of Prohibited Conduct.
The initial assessment will also address the Claimant’s preference regarding whether to proceed with Formal Resolution or Alternative Resolution under this policy.
A range of protective measures and accommodations will be made available to Claimants and/or Respondents when reasonably available while the University of Lynchburg responds to a report of Prohibited Conduct. Such protective measures and accommodations may include, but are not limited to the following:
- no-contact orders or other similar orders to limit contact between the Claimant and the Respondent;
- changes in academic, working, extracurricular, living, dining, or transportation
- schedules or activities;
- victim advocacy services;
- housing support or relocation;
- academic support services, including tutoring;
- health and mental health services, including counseling and disability services;
- increased monitoring, supervision, or security, including providing an escort between classes or other programs or activities; or
- any other reasonable measure necessary to fulfill the goals of this policy.
Any accommodations or protective measures that are provided will remain confidential.
Protective measures and accommodations will be offered even if a Claimant chooses to request anonymity under Section XI, or not to file a report with law enforcement. The Title IX Coordinator might also impose protective measures and accommodations at his/her discretion and without request from the Claimant and/or the Respondent when necessary to ensure health or safety or to fulfill the goals of this policy. Protective measures and accommodations are safety measures and do not reflect a determination that this policy has been violated
The Title IX Coordinator, or her designee (including, but not limited to, Deputy Title IX Coordinators, deans in the Office of the Dean of Students, the Dean on Call, or Campus Safety Officers), may determine that sufficient cause exists to impose interim actions on the Respondent. Interim action may include, but are not limited to:
- Prohibiting Respondent’s contact with a person or group of persons
- Changing Respondent’s academic, working, extracurricular, living, dining, or transportation schedules or activities;
- Changing Respondent’s on-campus housing or office assignment;
- Removing Respondent’s ability to live on campus;
- Restricting Respondent’s access to specified areas of campus;
- Restricting Respondent’s participation in athletics or other activities; and
- Interim suspension (Student Respondent)/Administrative Leave (Employee Respondent)
An administrative leave (in the case of an Employee Respondent) or an interim suspension (in the case of a Student Respondent) might be imposed when necessary to ensure health or safety, to facilitate an investigation, or to avoid disruptions to the daily operations and educational mission of University of Lynchburg. When interim suspension is issued to a Student, the Student is excluded from all classes and other College activities. The student must leave College property within the time specified in the interim suspension notice. When interim suspension is issued, Formal Resolution under Section XIV of this policy will be initiated immediately.
When an administrative leave is issued to an Employee, the Employee is excluded from work and all College activities. The Employee must leave College property within the time specified in the leave of absence notice and Formal Resolution under Section XIV of this policy will be initiated immediately. An Employee who is placed on administrative leave during the pendency of an investigation will receive pay pending the outcome of an investigation.
Interim actions do not reflect a determination that this policy has been violated.
D. Review Committee Evaluation For Potential Reporting Obligations Under the Virginia Reporting Statute
Pursuant to Virginia law, upon receipt of information relating to alleged Prohibited Conduct involving “sexual violence” as defined under certain provisions of state law (i.e., “physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent”) when committed against a student, the Title IX Coordinator must promptly report such information, including all personally identifiable information, to a review committee (the “Review Committee”). The Review Committee shall consist of three or more individuals, including at a minimum the Title IX Coordinator or his/her designee, a representative of the Office of the Dean of Students, and a campus security representative (“CSR”). The Review Committee may also include other University of Lynchburg officials as necessary or appropriate depending on the facts and circumstances of a particular case(7). The Review Committee shall meet within 72 hours of receiving a report under this Section, and shall meet again as necessary when new information becomes available. In evaluating the alleged Prohibited Conduct, the Review Committee may obtain law enforcement records, criminal history record information, health records, available institutional conduct or personnel records, and any facts or circumstances known to either the University of Lynchburg or to law enforcement.
(7) Other individuals who may be included on the Review Committee in a particular case include, but are not limited to, the Vice President and Dean for Academic Affairs, representatives from Human Resources, or other individuals with relevant information based on the Respondent’s relationship with the University.
The Review Committee will consider the reported information to evaluate the level of risk to the Claimant or other members of the community. In evaluating risks, the Review Committee will consider all relevant factors, including the following (the “Risk Factors”):
- other reports about the Respondent, including any history of arrests or records indicating a history of violence or violations of this policy;
- threats of future violence against the Claimant or others;
- the number of Respondents who allegedly perpetrated the Prohibited Conduct;
- facts indicating a pattern of perpetration at a location or by a particular group;
- whether drugs, alcohol, or other agents were used to facilitate an assault;
- whether the Prohibited Conduct was perpetrated with a weapon;
- the age of the Claimant and Respondent(s); and
- the Respondent’s right to receive information about the allegations if the information is maintained by the school in any “education record” under FERPA(8).
(8) For example, pursuant to FERPA, a Respondent may have a right to portions of an “educational record” that relate to him or her, even if the record was prepared by or relates to another student. In such circumstances, the Respondent may be entitled to a copy of the portion of the document that relates to the Respondent with the confidential information relating to other students redacted.
After considering the Risk Factors, the Review Committee will determine whether the disclosure of information relating to the report of Prohibited Conduct, including personally identifiable information, is necessary to protect the health or safety of a Student or other individuals. If no consensus is reached by the Review Committee, the CSR independently must determine whether disclosure is necessary and, if so, immediately report all information to the law enforcement agency that would be responsible for investigating the alleged Prohibited Conduct. The Title IX Coordinator will notify the Claimant if such a report to law enforcement is required.
If the alleged sexual violence committed against a student would constitute a felony under state law, the CSR will inform the other members of the Review Team and, within 24 hours, provide the information received by the Review Team to the Commonwealth’s attorney or other prosecutor that would be responsible for prosecuting the alleged Prohibited Conduct. Unless disclosure is required under Subsection A because of a threat to health or safety, information regarding felony conduct shall be provided to the prosecutor without personally identifiable information. If the CSR does not provide this disclosure and another member of the Review Team concludes that the alleged sexual violence committed against a student would constitute a felony under state law, that person shall make the required disclosure described above to the appropriate prosecutor within 24 hours.
A Claimant may request anonymity in an investigation, that no investigation be conducted, and/or that no disciplinary action be taken against the Respondent. Such requests will be considered on a case-by-case basis and consistent with University of Lynchburg’s obligations to end discrimination, remedy its effects, and prevent its recurrence. In cases that require referral to the Review Committee pursuant to Section X, requests for anonymity will be evaluated by the Review Committee in consideration of the Risk Factors. In all other cases, the Title IX Coordinator shall have the discretion to consider requests for anonymity based on the Risk Factors, and may consult with other University of Lynchburg officials as necessary or appropriate.
Even if University of Lynchburg honors a Claimant’s request for anonymity or that no investigation or discipline be pursued, the Claimant may request assistance or accommodations to remedy the effects of Prohibited Conduct. Community-wide remedial measures might also be warranted to increase awareness or education across campus or for certain groups. University of Lynchburg reserves the right to revisit a decision to honor a request for anonymity or that certain actions not be taken if circumstances change or if new information is later discovered. A Claimant can withdraw a request for anonymity and request an investigation at any time.
If University of Lynchburg cannot honor a Claimant’s request for anonymity, that no investigation be pursued, or that no disciplinary action be taken, the Title IX Coordinator will inform the Claimant and arrange remedial measures and/or impose protective measures as needed. In such circumstances, a Claimant is not required to participate in or assist with any investigation of the Prohibited Conduct. However, University of Lynchburg’s ability to respond to the Prohibited Conduct might be limited without the assistance of the Claimant.
There are two methods of investigating and resolving reports of Prohibited Conduct. (9) Formal Resolution is available in all cases in which the Claimant requests a full investigation regarding Prohibited Conduct by a Student or Employee. (10) Formal Resolution may also be initiated in cases in which the Title IX Coordinator, in consultation with the Review Committee or other appropriate University of Lynchburg officials, determines that a complete investigation is necessary to respond to discrimination, remedy its effects, and prevent it from recurring. Alternative Resolution is available in certain cases in which a Claimant wishes to pursue a less formal means of resolving a report of Prohibited Conduct without a complete investigation.
During either Formal or Alternative Resolution, a Claimant and a Respondent are permitted to be accompanied by an Advisor of their choice at any proceeding or meeting relating to the resolution or investigation of a report of Prohibited Conduct. The Advisor cannot be a Claimant, Respondent, or witness in the proceeding. The Claimant and Respondent are permitted to rely on their Advisors for support and advice during any meeting or proceeding, but Advisors cannot speak on behalf of the individual they are advising or participate in any meeting or proceeding. University of Lynchburg reserves the right to exclude any Advisor who is deemed disruptive at any time.
The Claimant, the Respondent, and any witnesses who participate in an investigation and resolution of Prohibited Conduct are expected to respect the privacy of the individuals involved. Disclosure of information about a case may also undermine the integrity of the pending investigation. In some circumstances, the disclosure of information about a case may constitute Retaliation or violate other University of Lynchburg policies. This provision does not prohibit, and should not be construed to discourage, any individual impacted by Prohibited Conduct from seeking appropriate resources and support.
(9) Different procedures for investigation and resolution shall apply in the event of a report of Prohibited Conduct involving a cabinet-level Employee, the Title IX Coordinator, the President of University of Lynchburg, or a member of the Board of Trustees. For a report of Prohibited Conduct involving a cabinet-level Employee or the Title IX Coordinator, the President shall determine in consultation with the Board of Trustees whether an investigation may be handled appropriately by an Investigator employed by University of Lynchburg or whether outside investigators must be retained. In such cases, the President shall make the final determination regarding responsibility for Prohibited Conduct and related sanctions. In cases involving a report of Prohibited Conduct by the President or a trustee, the Executive Committee of the Board shall designate one or more trained external investigators to conduct an investigation, and the Executive Committee of the Board shall make the final decision regarding responsibility for Prohibited Conduct and any related sanctions. The Title IX Coordinator shall be consulted in all cases in which he/she is not a Claimant, Respondent, witness, or otherwise compromised by a conflict of interest.
(10) In cases involving Prohibited Conduct by Third-Parties, University of Lynchburg may be more limited in its ability to investigate and respond, although remedial measures and support will be made available.
A Claimant may request, without guarantee that the request will be granted, Alternative Resolution to pursue less formal means of resolving a report of Prohibited Conduct that do not involve formal discipline of a Respondent. Alternative Resolution may take different forms, including informal mediation between the Claimant and the Respondent with the assistance of the Title IX Coordinator or his/her designee, remedies or interventions focused on restoring the Claimant’s access to any University of Lynchburg program or activity, or broader actions and initiatives intended to eliminate a hostile environment (e.g., through programs or initiatives focused on education or training for specific groups or for the entire community).
A decision to participate in Alternative Resolution is voluntary, and a Claimant will never be required to directly confront a Respondent. The Title IX Coordinator must approve any request for Alternative Resolution. Mediation and other forms of Alternative Resolution involving face-to-face meetings between a Claimant and a Respondent are never available in cases of alleged Sexual Assault. The Title IX Coordinator reserves the right to initiate Formal Resolution at any time, and a Claimant may terminate Alternative Resolution and pursue Formal Resolution at any time.
If Alternative Resolution involving mediation or a similar intervention results in an agreement between the Claimant and the Respondent, the Title IX Coordinator may, in his/her discretion, approve the agreement and administratively close the matter. If the agreement is violated, or if the facts and circumstances later require, the Claimant or the Title IX Coordinator may pursue Formal Resolution and the case may be reopened. Any statements or disclosures during an Alternative Resolution may be used in any subsequent proceeding or investigation under this policy.
The following procedures shall apply in cases involving Formal Resolution:
To initiate the Formal Resolution process, the Title IX Coordinator will designate one or more Investigator(s) with sufficient training and experience to conduct a prompt, thorough, fair, and impartial investigation appropriate to the needs and circumstances of each particular case. The Investigator will be the Title IX Coordinator, a trained investigator from University of Lynchburg, or a trained external investigator. In all cases, the investigator will be impartial and free of any conflict of interest. A Claimant or Respondent can challenge the selection of an Investigator on the basis of bias or conflict of interest by reporting the concern to the Title IX Coordinator to determine whether an alternate Investigator is needed.
Upon initiating an investigation, the Investigator shall provide the Claimant and Respondent with a written notice of the investigation that includes a general summary of the facts giving rise to the investigation, including but not limited to the individuals involved, the conduct alleged, and the potential policy violations being investigated. The written notice shall also enclose a copy of this policy and explain that Retaliation is a form of Prohibited Conduct, explain the procedures for challenging any bias or conflict on the part of the Investigator, instruct the Claimant and Respondent to preserve all available evidence (in whatever format it may exist), and include information regarding access to support or assistance during the investigation.
At the discretion of the Title IX Coordinator, a single report against multiple Respondents may be investigated and resolved as part of the same proceeding, so long as maintaining a single proceeding is otherwise consistent with the goals of this policy. If a report of Prohibited Conduct also involves potential violations of other University of Lynchburg policies (e.g., the University of Lynchburg Human Rights and Equal Employment Opportunity Policy), the Title IX Coordinator will determine whether investigation and resolution of the other alleged policy violations can be appropriately consolidated with the Title IX investigation. Any such
consolidation shall be for the purpose of efficiency in investigation and resolution, and a determination of whether other policies have been violated shall be determined in accordance with the applicable policies.
For Student Respondents, if a report of Prohibited Conduct also alleges misconduct prohibited by the Honor and Student Conduct Codes, the additional misconduct alleged may be considered and/or resolved in conjunction with the address of alleged Prohibited Conduct through procedures outlined in this Interpersonal Misconduct Policy as an aggravating factor should sanctions be assigned. Also, alleged misconduct prohibited by the Honor and Student Conduct Codes may be referred to the Office of the Dean of Students for resolution. The Office of the Dean of Students may review alleged misconduct in accordance with disciplinary procedures outlined in the Honor and Student Conduct Codes and Regulations concurrent with or subsequent to address of alleged Prohibited Conduct through the procedures outlined in this Interpersonal Misconduct Policy.
University of Lynchburg encourages, but does not require, participation of the Claimant, Respondent, or witnesses in a Title IX investigation. However, interfering with an investigation may be Prohibited Conduct or violate other University of Lynchburg policies.
The following standards and principles will apply to evidence during Formal Resolution:
1. Evidentiary Standard for Determining Responsibility
A Respondent will be deemed Responsible for Prohibited Conduct under this policy according to a “preponderance of the evidence” standard. A “preponderance of the evidence” means the evidence supports a finding that it is more likely than not a violation was committed.
2. Potential Sources of Evidence
The Investigator will consider reasonably available sources of evidence and information relevant to the allegations of Prohibited Conduct, including but not limited to the following:
- Interviews: The Investigator may conduct interviews of the Claimant, Respondent, witnesses, or other individuals with actual knowledge of the Prohibited Conduct, including its effects. Witnesses must have direct personal knowledge of relevant and material facts. Character witnesses will not be considered by the Investigator.
- Site visits: The Investigator may visit the site of the alleged Prohibited Conduct to gather potential evidence, including photographic, video, or other recordings.
- Physical and Documentary Evidence: The Investigator may collect physical and documentary evidence, including documents, photographs, or electronic evidence available from University of Lynchburg sources, the Claimant and/or Respondent, or any other persons. Evidence deemed relevant by the Investigator will be acknowledged in the Final Investigation Report and will be made available to the Claimant and Respondent for examination to the extent feasible and consistent with applicable privacy laws.
- Expert Consultations: The Investigator may consult with experts for assistance evaluating an issue or item of evidence relevant to a determination under this policy.
A summary of the evidence considered shall be included in the Final Investigation Report.
3. Relevancy Determinations
The Investigator will exercise discretion in determining which evidence to pursue and how evidence should be considered (if at all). Evidence is relevant if it makes it more or less likely that the Respondent is responsible for committing Prohibited Conduct. Evidence may be provided to the Investigator by the Claimant, the Respondent, or any other persons. However, it is possible that not all evidence will be considered or that not all evidence will be given equal weight. Some evidence might never be considered and other types only rarely considered.
a. Prior Sexual History Between Claimant and Respondent
Even in an ongoing sexual relationship, Consent to sexual activity on one occasion does not imply Consent to sexual activity on another occasion, and Consent to one type of sexual activity does not mean Consent to all sexual activity. Accordingly, the prior sexual history between the Claimant and Respondent generally will not be relevant to determining whether this policy has been violated. However, in limited circumstances, the sexual history between the Claimant and Respondent may be relevant to whether Consent was clearly and affirmatively communicated with respect to the alleged Prohibited Conduct. Prior sexual history between the Claimant and Respondent may never be used to show character, reputation, or personality trait.
b. Prior Sexual History of the Claimant With Persons Other than the Respondent
Evidence of the prior sexual history of the Claimant with persons other than the Respondent is not relevant to whether the Claimant provided Consent to specific sexual conduct with the Respondent. It will not be considered and cannot be offered to prove character, reputation, or any personality trait.
c. Prior or Subsequent Conduct of the Respondent
Prior or subsequent conduct of the Respondent cannot be used to demonstrate character, reputation, or any personality trait. However, such evidence may be deemed relevant if it suggests a pattern or scheme of misconduct or if it reflects knowledge, intent, or purpose.
d. Character and Reputation Evidence Generally
In evaluating evidence, the Investigator will consider directly observed facts and reasonable inferences from those facts, but generally will not consider statements of opinion, hearsay, statements regarding character or reputation, or information that is not material.
The Investigator will prepare a Preliminary Investigation Report that summarizes the evidence obtained but does not include recommended findings. Copies of the report will be made available to the Claimant and Respondent to review with the Investigator and provide comments or additional information within five (5) calendar days. At this time the Claimant or Respondent may also offer a statement regarding any factors that should be considered in determining sanction(s) if the Respondent is found responsible for any alleged act of Prohibited Conduct. The Investigator will consider any comments or additional information and may make changes to the document as a result of the additional comments or information before finalizing the report and transmitting it to the Title IX Coordinator.
After receiving any comments and/or additional evidence in response to the Preliminary Investigation Report, the Investigator shall prepare a Final Investigation Report. In this report, the Investigator will make a recommended finding as to whether a preponderance of the evidence supports a finding of responsibility as to each alleged act of Prohibited Conduct. The Investigator will also provide a rationale in support of each recommended finding. If the Investigator makes a finding of responsibility regarding any alleged act of Prohibited Conduct, the Investigator will also make recommended sanctions. In preparing the Final Investigation Report, the Investigator may consult with counsel and, if the Investigator is not the Title IX Coordinator, with the Title IX Coordinator. Upon completion of the Final Investigation Report, the Title IX Coordinator will provide concurrent written notice to the Claimant and the Respondent that the report is complete and available for review upon request.
A Claimant or Respondent may reject any recommended finding or recommended sanction of the Investigator by requesting a hearing before a three-person panel (the “Adjudication Panel”) pursuant to Section XIV.I. If the Investigator issues a recommended finding regarding more than one type of Prohibited Conduct, the Claimant or Respondent may request a hearing regarding all or only some of the recommended findings. A Claimant or Respondent may accept the finding of responsibility and request a hearing on the sanction(s) only or may request a hearing on both the finding of responsibility and the sanction(s).
To request a hearing before an Adjudication Panel, a Claimant or Respondent must submit a concise statement regarding why any recommended finding and/or recommended sanction should not be accepted by the Adjudication Panel based on one of the following grounds: (1) procedural unfairness (including bias or conflict), (2) new evidence for which there is good cause for not timely presenting it to the Investigator, (3) the recommended finding is not supported by the evidence, or (4) the sanction recommended is disproportionate to the severity of the violation. Section XIV.I sets forth additional information regarding how the Adjudication Panel will determine if these standards are met.
A request for hearing before an Adjudication Panel must be submitted to the Title IX Coordinator within two (2) calendar days of receiving notice from the Title IX Coordinator of the Investigator’s recommended finding. The other party or parties will have two (2) calendar days to respond in writing to address issues related to the request for hearing, including why the Investigator’s recommended finding should be accepted.
The Title IX Coordinator will transmit the request for hearing, any response, and the Final Investigation Report (collectively, the “Adjudication File”), to the Adjudication Panel.
If a Claimant accepts a finding of No Responsibility, the case shall be closed by the Title IX Coordinator. The Title IX Coordinator will provide the Claimant with information regarding support and assistance that remain available in all cases, regardless of the resolution.
For cases in which the Investigator made a determination of responsibility against a Student Respondent for at least one act of Prohibited Conduct, if the Claimant and Respondent accept the findings regarding Responsibility and Sanctions, the matter is closed. The findings of the Investigator become the final resolution.
For cases in which the Investigator made a determination of responsibility against an Employee Respondent for at least one act of Prohibited Conduct, if the Claimant and Respondent accept the findings regarding Responsibility and Sanctions the matter is forwarded to the appropriately designated University of Lynchburg official(s) for a final determination regarding sanctions only. See Section XIV.J.
All challenges to an Investigator’s recommended finding regarding responsibility and/or recommended sanctions, whether the Respondent is a Student or Employee, shall be reviewed by an Adjudication Panel.
1. Composition of the Adjudication Panel
The Adjudication Panel typically will be comprised of individuals from the Adjudication Board, a pool of ten individuals selected by the Title IX Coordinator from the University of Lynchburg Community who will receive annual training on issues related to Prohibited Conduct and on how to conduct a hearing process that protects the safety of victims and promotes accountability. At the discretion of the Title IX Coordinator, the Adjudication Panel may be comprised either in whole or in part of properly trained external professionals. Each Adjudication Panel will include three panelists, one of whom shall serve as Hearing Chair to preside over and facilitate the order of events at the hearing before the Adjudication Panel.
By a written Notice of Hearing sent concurrently to the Claimant and Respondent, the Title IX Coordinator will identify the composition of the Adjudication Panel and inform the Claimant and Respondent of their respective rights to challenge the composition of the Adjudication Panel for bias or conflict of interest by contacting the Title IX Coordinator. A hearing before the Adjudication Panel typically will be scheduled within five (5) calendar days of the Notice of Hearing, or on the soonest date reasonably practicable under the circumstances. The Notice of Hearing shall inform the Claimant and Respondent that they are not required to appear before the Adjudication Panel and may decline to do so. The Claimant and Respondent may also request permission to participate in the hearing from an alternate location.
2. Format of Adjudication Panel Hearing
A hearing before the Adjudication Panel is not a trial. It is an optional administrative hearing that allows the Claimant or Respondent to appear in person and make a statement regarding any challenge to the Investigator’s recommended finding. Neither the Claimant nor the Respondent is required to appear before the Adjudication Panel, but the hearing and formal resolution process may proceed without the participation by either the Claimant or Respondent.
Adjudication Panel hearings are closed to the public. The Claimant and Respondent may be accompanied by one Advisor subject to the conditions described in Section XII. The Adjudication Panel may also exercise its discretion to request the attendance of witnesses, the Investigator, and/or the Title IX Coordinator. Legal counsel for University of Lynchburg may also be present. No later than two (2) days prior to the hearing, the Claimant and Respondent must confirm whether they will attend the Adjudication Panel hearing and, if necessary, request to participate in an alternate location.
The Hearing Chair has discretion to set the agenda for the hearing in any manner that provides equal opportunities to the Claimant and Respondent. However, a hearing before an Adjudication Panel generally will proceed as follows: (1) brief opening statements by the Claimant and Respondent; (2) questions of the Claimant and Respondent by the Adjudication Panel; (3) questions of any other witnesses by the Adjudication Panel, including the Investigator and/or the Title IX Coordinator; (4) brief closing remarks by the Claimant and Respondent; and (5) dismissal and conclusion of the hearing. The Claimant and Respondent may not directly question one another or any witnesses during the hearing. Questions may be submitted to the Adjudication Panel, which will consider asking such questions at its discretion.
3. Standard of Review on Appeal
The Adjudication Panel is charged with determining by majority vote whether the Investigator’s recommended finding(s) should be set aside based on any of the following four grounds: (1) procedural unfairness (including bias or conflict), (2) new evidence with good cause, (3) the recommended finding is not supported by the evidence, or (4) the sanction(s) is disproportionate to the severity of the violation.
a. Procedural unfairness
The Investigator’s recommended finding will be set aside for procedural unfairness when the record reflects a material deviation from the procedures and standards set forth in this policy or where there is substantial doubt about the thoroughness of the investigation. A procedural deviation is material if it more likely than not affected the Investigator’s recommended finding on responsibility. Procedural unfairness includes bias or conflict. If the Investigator’s recommended finding is set aside for procedural unfairness, the Adjudication Panel will return the case to the Title IX Coordinator with instructions to appoint a new Investigator to review the file and/or to otherwise correct the procedural error. A new or amended Final Investigation Report will be prepared based on any additional investigation.
b. New evidence with good cause
The Investigator’s recommended finding will be set aside on the basis of newly discovered evidence only when the Claimant or Respondent proffering the evidence demonstrates good cause for why the evidence was not available and could not be obtained upon reasonable diligence during the investigation. If good cause is shown, the Adjudication Panel shall direct the Investigator to review his/her recommended finding in light of the new evidence. An amended Final Investigation Report will be prepared after consideration of the new evidence.
c. Recommended finding is not supported by the evidence
The Investigator’s recommended finding also may be set aside if the Adjudication Panel finds that the preponderance of the evidence does not support the Investigator’s recommended finding regarding responsibility. Upon making such a finding, the Adjudication Panel may modify the Investigator’s findings and make new findings, or request additional investigation.
d. Sanction disproportionate to the severity of the violation
The Investigator’s recommended sanction may be set aside if the Adjudication Panel determines that it is disproportionate to the severity of the violation. The Adjudication Panel can determine that it is disproportionately too severe, or disproportionately not sever enough. In arriving at its determination, the Adjudication Panel should take into consideration the guidelines outlined in Section XIV.J. Upon making such a finding the Adjudication Panel will determine a new appropriate sanction(s).
4. Timing and Written Determination of Adjudication Panel Hearing
The Adjudication Panel will provide a written determination of its decision within five (5) calendar days of the hearing. Reflecting differences in the procedures for determining sanctions for Students and Employees, respectively, the form and content of this written determination shall differ depending on whether the Respondent is a Student or Employee.
a. Student Respondents
In cases involving Student Respondents, the Adjudication Panel shall make a final determination regarding responsibility for violations of this policy and shall make a final determination regarding what sanctions, if any, are appropriate, based on the considerations described in Section XIV.J.3. Accordingly, the written determination issued by the Adjudication Panel in cases involving Student Respondents shall be a Notice of Final Outcome that shall comply in form and substance with the requirements set forth in Section XIV.L. The Title IX Coordinator, or his/her designee, will assist in the preparation of the Notice of Final Outcome to ensure compliance with this policy, and the document shall be signed by each member of the Adjudication Panel.
This determination shall constitute the final decision in cases involving Student Respondents, any sanctions imposed on the Student Respondent shall become effective immediately, and there shall be no recourse to any appeal of this final decision.
b. Employee Respondents
In cases involving Employee Respondents, the Adjudication Panel shall not make a final determination regarding sanctions. The written determination by the Adjudication Panel will include a final finding regarding responsibility for any violations of this policy, a recommended sanction, a general description of the procedures by which sanctions will be determined, and a brief explanation setting forth the rationale for the Adjudication Panel’s determinations.
The written determination of the Adjudication Panel will be signed by each member of the Adjudication Panel. The Title IX Coordinator will transmit the written determination of the Adjudication Panel concurrently to the Claimant and the Respondent and to the appropriate University of Lynchburg official responsible for administering sanctions, who separately will be provided with a copy of the Adjudication File.
5. Same Adjudication Panel for Subsequent Reviews in the Same Case
To the extent possible, the same Adjudication Panel shall be selected to conduct any subsequent review of an Investigator’s recommended finding in the same case.
The procedures and persons charged with determining sanctions differ based on whether the Respondent is a Student, Staff Employee, or Faculty Employee.
1. Student Respondents
As described above, the Adjudication Panel will make final sanctions determinations in cases involving Student Respondents in which the Investigator’s recommended sanction is rejected.
Sanctions that may be imposed on Student Respondents include one or more of the following: warning and reprimand; educational requirements (e.g., required trainings or similar programs designed to foster an understanding of Prohibited Conduct and its effects); disciplinary restrictions (e.g., issuance of no-contact orders, restrictions or prohibitions on participating in certain University of Lynchburg programs or activities); suspension for a definite period of time; expulsion from University of Lynchburg; group sanctions (e.g., applied to student organizations or residential facilities); or any other disciplinary action required or permitted under law and University of Lynchburg policies and procedures that is needed to effectuate the goals of this policy. When the Investigator’s recommended sanction is rejected by the Adjudication Panel, the Adjudication Panel shall determine the appropriate sanction(s) by a majority vote. As noted, the Adjudication Panel’s determination regarding sanctions for Student Respondents is a final decision in this process.
2. Employee Respondents
Sanctions for Employee Respondents will be determined based on the facts and circumstances of each case. A range of one or more potential sanctions may be imposed, including verbal reprimand, counseling, transfer or reassignment, demotion, removal of administrative position, suspension, and termination of employment. In cases involving Staff Employees, the Vice President for Business and Finance, or his/her designee, shall determine final sanctions pursuant to University of Lynchburg’s Employee Handbook of Personnel Policies and Procedures. Final sanctions for Faculty Employees shall be determined by the Vice President and Dean for Academic Affairs, or his/her designee, using the disciplinary procedures appropriate to the case and to the Faculty Employee’s employment status. For example, the Vice President and Dean for Academic Affairs will decide if a finding of responsibility warrants referral to a faculty committee to consider dismissal for cause or whether an alternative sanction is appropriate.
3. Relevant Considerations in Determining Sanctions
When the Investigator makes a recommended sanction, he/she will look to ensure consistency in similar cases and to otherwise fulfill the goals of this policy. However, in all cases in which the Investigator’s recommended sanction is rejected by either the Claimant or Respondent, the final determination regarding sanctions shall rest with the Adjudication Panel or the designated University of Lynchburg official. When sanctions are appealed to the Adjudication Panel, the Panel may question the Investigator and/or the Title IX Coordinator (if the Investigator is not the Title IX Coordinator) regarding the rationale for the sanction.
In determining sanction(s), the following factors will be considered based on the specific facts and circumstances of each case:
- the nature of the conduct alleged;
- prior disciplinary history of the Respondent at University of Lynchburg;
- whether the Respondent has a history of misconduct outside of the University of Lynchburg community, including criminal history;
- the effects of the Prohibited Conduct (i.e., on the Claimant, on the University of Lynchburg community or on any other persons);
- whether the Respondent has accepted responsibility for the Prohibited Conduct;
- sanctions historically imposed in similar cases; or
- any other factors or circumstances to fulfill the goals of this policy and to provide an appropriate resolution to the particular case.
When a Student Respondent is found responsible for non-consensual sexual intercourse, suspension from University of Lynchburg is the standard sanction; expulsion should be issued in more serious cases.
When an Employee Respondent is found responsible for non-consensual sexual intercourse, dismissal is the standard sanction.
These factors shall be considered and applied in all cases consistent with any other disciplinary procedures that are being applied based on whether the Respondent is a Student or Employee.
4. Timeline for Sanctions Determination
To the extent possible, the designated official(s) charged with determining sanctions for Employee Respondents shall render a decision within three (3) calendar days after receiving the Adjudication File from the Hearing Chair, or five (5) calendar days after receiving the accepted findings and recommendations from the Investigator. When this is not feasible because of the need to coordinate compliance with other University of Lynchburg policies and procedures (e.g., a faculty “for cause” determination), the Title IX Coordinator and the appropriate official may need to discuss additional or alternative interim measures and how to coordinate all applicable procedures to ensure that the rights of the Claimant and Respondent are equally protected and the goals of this policy are fulfilled.
Once a final decision regarding sanctions has been made, the designated University of Lynchburg official will notify the Title IX Coordinator in writing of the final sanctions decision, including a brief rationale in support of the sanction, if it is different from the recommendation made by the Investigator or Adjudication Panel. This sanction decision is final and conclusive, and there shall be no recourse to any further appeal or reconsideration. Within two (2) days of receipt of the written sanctions determination, the Title IX Coordinator shall concurrently transmit to the Claimant and the Respondent a Notice of Final Outcome that shall comply in form and substance with the requirements in Section XIV.L.
In all cases, regardless of whether the Respondent is found responsible, the Claimant and/or Respondent may be offered or may request certain remedies, protective measures, and/or other assistance on an ongoing basis after completion of the Formal Resolution process. Such remedies and assistance may also be recommended by the Adjudication Panel or designated official charged with determining sanctions in a particular case. Potential remedies and accommodations will be left to the discretion of the Title IX Coordinator and include, but are not limited to, the following:
- comprehensive medical, counseling, or academic support services;
- academic or work accommodations (e.g., allowing the Claimant to have additional time to complete a course or assignment or withdraw from or retake a class without academic or financial penalty);
- review of any disciplinary or academic consequences of the Prohibited Conduct (e.g., if the Claimant was punished for skipping classes to avoid seeing the Respondent); or
- any support services available as accommodations as described in Section IX.
The Title IX Coordinator may need to coordinate with other individuals to tailor a remedy or accommodation to the disciplinary procedures or employment status of the affected individual.
In some cases, the Title IX Coordinator may also need to coordinate and implement broader remedies within the University of Lynchburg community, including, but not limited to:
- training and awareness to the entire community or to specific groups;
- issuing statements to reaffirm University of Lynchburg’s prohibition on sexual and gender-based discrimination and harassment, including sexual violence;
- conducting surveys or other assessments of campus climate; or
- any other remedies necessary to fulfill the goals of this policy.
In considering these broader remedies, the Title IX Coordinator will consider what steps are necessary to end any ongoing discrimination, remedy its effects, and prevent its recurrence.
In all cases, the Notice of Final Outcome shall be sent concurrently to the Claimant and Respondent. In cases involving Student Respondents when the findings and recommendation of the Investigator are accepted by both the Claimant and Respondent, those findings and recommended sanction(s), if any, become the Notice of Final Outcome. In cases involving Student Respondents in which an appeal to the Adjudication Panel is made, the written determination of the Adjudication Panel shall be the Notice of Final Outcome.
In cases involving Employee Respondents, the Notice of Final Outcome shall be sent by the Title IX Coordinator upon receiving notice of the sanctions decision from the appropriate University of Lynchburg official charged with determining sanctions.
To comply with federal privacy laws, the contents of the Notice of Final Outcome shall be as follows:
- Cases of Sexual Violence, Dating Violence, Domestic Violence, and Stalking: The Notice of Final Outcome will set forth the specific Prohibited Conduct for which the Respondent was found responsible or not responsible, the sanctions imposed, and a brief rationale in support of the result and sanctions. The notice will not disclose any accommodations provided to the Claimant to remedy the Prohibited Conduct.
- All other Prohibited Conduct: The Notice of Final Outcome will set forth the specific Prohibited Conduct for which the Respondent was found responsible or not responsible and any sanctions to be imposed that directly relate to the Claimant. For
example, if a “no contact” sanction has been imposed on the Respondent or if the Respondent has been dismissed or suspended or required to change classes, living, or work arrangements to ensure no contact with the Claimant, such sanctions directly
relate to the Claimant and will be disclosed. The notice will not disclose any accommodations provided to the Claimant to remedy the Prohibited Conduct.
Any sanctions set forth in the Notice of Final Outcome shall be effective immediately, and the Title IX Coordinator shall proceed to implement any protective measures or accommodations.
Reports of Prohibited Conduct will be addressed promptly to end any discrimination, remedy its effects, and implement sanctions and remedies as appropriate to prevent it from recurring. University of Lynchburg endeavors to resolve all reports of Prohibited Conduct within sixty days. However, a variety of circumstances may impact the timing of any investigation or resolution of Prohibited Conduct, and some of those circumstances are beyond the control of University of Lynchburg. Accordingly, reasonable delays or modifications of the procedural deadlines set forth in various provisions of this policy may be necessary to accommodate various factors and to fulfill the goals of this policy. The Title IX Coordinator will ensure that the Claimant and the Respondent are apprised of any reasonable delays in the timing of any investigation or proceedings.
In some circumstances, law enforcement authorities may be conducting a parallel criminal investigation of alleged Prohibited Conduct. University of Lynchburg may need to delay its own investigation to accommodate or coordinate with the evidence gathering stage of the criminal investigation, but it will not wait until the completion of the criminal investigation to resume its own investigation pursuant to this policy. University of Lynchburg may also enter into and act pursuant to memoranda of understanding with appropriate law enforcement authorities to facilitate the sharing of evidence and/or to coordinate contemporaneous investigations.
To the extent possible, the schedule of each case will approximate the following timetable, measured from the date of a Notice of Investigation to initiate Formal Resolution:
- 30 days: Completion of the Preliminary Investigation Report
- 35 days: Deadline for comments on the Preliminary Investigation Report
- 40 days: Completion of the Final Investigation Report
- 42 days: Deadline to Submit Request for Adjudication Panel Hearing
- 44 days: Deadline to Submit Response to Request for Adjudication Panel Hearing
- 45 days: Notice of Hearing Issued
- 50 days: Adjudication Panel Hearing
- 55 days: Adjudication Panel Decision (Final Outcome in Student Respondent Cases)
- 58 days: Deadline for Sanctions Decisions in Employee Respondent Cases
- 60 days: Notice of Final Outcome in Employee Respondent Cases
Respondents will not graduate, diplomas will not be issued, and transcripts will not be released during the pendency of any review or investigation of Prohibited Conduct under this policy. Moreover, as required by Virginia law, a prominent notation will be placed on the academic transcript of each student who has been suspended, permanently dismissed, or who withdraws from University of Lynchburg while under investigation for an offense involving “sexual violence” (defined as “physical sexual acts perpetrated against a person’s will or against a person incapable of giving consent”). The notation shall be substantially in the following form: “[Suspended, Dismissed, or Withdrew while under investigation] for a violation of the University of Lynchburg Policy and Procedures on Sexual and Gender-Based Misconduct and Interpersonal Violence.” University of Lynchburg reserves the right to proceed with an investigation and resolution under this policy if a Respondent withdraws, resigns, or otherwise terminates their relationship with University of Lynchburg.
The transcript notation shall be removed by the Registrar if (1) the Respondent is later found not to have committed Prohibited Conduct involving “sexual violence,” or (2) completes the term of any suspension, including related conditions, and has been determined by University of Lynchburg to be in good standing according to University of Lynchburg policies and procedures.
Anyone who intentionally provides false information in connection with a report or investigation of Prohibited Conduct is subject to disciplinary action under other applicable University of Lynchburg policies and/or may violate civil or criminal laws. This does not apply to any report made in good faith under this policy, regardless of the finding of any investigation.
Upon administrative closure of a case following Alternative Resolution or Formal Resolution, the Title IX Investigator will retain official records created pursuant to this policy. In cases involving sexual violence that require an evaluation by the Review Committee, both the Title IX Coordinator and Campus Safety and Security will retain records of the Review Committee’s considerations. All official records shall be retained pursuant to applicable University of Lynchburg record retention policies. For Employee Respondents, a copy of the Notice of Final Outcome shall be placed in a separate folder within the employment records of the Respondent, and shall be redacted as necessary to comply with applicable privacy laws and/or to protect the privacy of the Claimant, witnesses, or any other persons.
University of Lynchburg is committed to offering prevention programs for incoming students and employees regarding Prohibited Conduct, and additional ongoing prevention and awareness programs for students and employees. Information regarding introductory and ongoing prevention and awareness programs is available in the University of Lynchburg Annual Security Report and Fire Safety Report.
University of Lynchburg offers and/or requires periodic trainings to Students and Employees regarding issues relating to this policy and Prohibited Conduct. Information regarding training programs is available in the University of Lynchburg Annual Security Report and Fire Safety Report. Failure to complete required training shall be governed by applicable policies and procedures based on an individual’s relationship to University of Lynchburg (e.g., whether the individual is a Student, Staff Employee, or Faculty Employee).
University of Lynchburg also is committed to ensuring that any investigation and resolution pursuant to this policy is conducted by individuals who receive annual training on issues relating to Prohibited Conduct, including how to conduct a prompt, fair, and equitable investigation and hearing process that protects the safety of Claimants and promotes accountability.
This policy is maintained by the Office of the Title IX Coordinator. University of Lynchburg will review and update this policy as appropriate on an annual basis or more frequently as necessary to comply with applicable state and federal laws.
Appendix A: Emergency, Community, and Confidential Resources
XXI. Links to Additional Information Regarding Relevant State and Federal Laws
- Title IX: https://www.justice.gov/crt/title-ix-education-amendments-1972
- Violence Against Women Reauthorization Act of 2013:
- Violence Against Women Act, Final Regulations:
- U.S. Department of Education, Office of Civil Rights, Title IX Information:
- FERPA: http://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html
- Virginia Reporting Statute:
http://law.lis.virginia.gov/vacode/title23/chapter1/section23-9.2:15/ (until 10/1/16)
http://law.lis.virginia.gov/vacode/title23.1/chapter8/section23.1-806/ (after 10/1/16)
Policy and Procedures on Sexual and Gender-Based Misconduct and Interpersonal Violence: Emergency, Community, and Confidential Resources
The following resources are available to persons seeking assistance with issues related to sexual and gender-based misconduct and interpersonal violence:
University of Lynchburg Resources
Confidential Disclosure Resources
Students and Employees can obtain confidential support services at the following locations:
- University of Lynchburg Counseling Center: Terrace level of Hundley Hall; 434.544.8616 (students only)
- University of Lynchburg Health Center: Terrace level of Hundley Hall; 434.544.8357 (students only)
- University of Lynchburg Center for Spiritual Life 500 Brevard Street; 434.544.8348 (students and employees)
- Employee Assistance Program (EAP), 2250 Murrell Road, Suite B5, Lynchburg, Virginia 24501, 434.845.1246. Free confidential support services are available to Employees through an off-campus EAP that is operated through a contract with a third-party vendor. The EAP does not share personally identifying information with University of Lynchburg.
Reports made to employees in the following University of Lynchburg offices generally obligate the College to investigate the incident and to take appropriate steps to address the situation, which may include disciplinary review:
- Campus Safety and Security: First floor, Hall Campus Center; 434.544.5555 (emergency) or 434.544.8100 (non-emergency)
- Title IX Coordinator: Amanda McGovern; Office of Equity and Inclusion, located in the Flynn Multicultural Center on the second floor of the Drysdale Student Center; 1501 Lakeside Drive, Lynchburg, VA 24501; 434.544.8482;
The following campus offices have resources to assist with requests for adjustments in academic schedules, living arrangements, transportation, and working situations. Such accommodation requests may be made regardless of whether a Claimant reports Prohibited Conduct to the Lynchburg Police Department.
- Academic Support: Associate Dean for Academic Affairs, fourth floor, Hall Campus Center; 434.544.8695;
Academic Achievement Center, second floor, Hall Campus Center; 434.544.8339
- Housing: Office of Residence Life, first floor, Hundley Hall; 434.544.8320; (students only)
- Transportation: Campus Safety and Security, first floor, Hall Campus Center; 434.544.8452;
- Work Assignment: Human Resources; fourth floor, Hall Campus Center; ; 434.544.8126; Student Employment Office, 403 Hall Campus Center; 434.544.8142;
- Disability Services: Disability Services Coordinator, Academic Achievement Center, second floor, Hall Campus Center; 434.544.8687, (students only)
Counseling and Mental Health Resources
- University of Lynchburg Counseling Center (students only): Terrace level of Hundley Hall; 434.544.8616; www.lynchburg.edu/student-life/health-and-counseling/counseling-center/
- All Points Employee Assistance Program & Organizational Services, Inc. (employees only): 2250 Murrell Road, Suite B5, Lynchburg, VA 24501; 434.845.1246; www.allpointseap.org
- Central Piedmont Psychiatric Center: 3300 Rivermont Avenue, Lynchburg, VA 24503; 434.200.5999; 888.528.5900
- Horizon Behavioral Health: Multiple locations in the Lynchburg area, including Horizon Wellness Center, 620 Court Street, Lynchburg, VA 24504; 434.847.8035; 434.522.8191 (after-hours emergency); www.horizonbh.org
- American Psychiatric Association: www.psychiatry.org
- National Institute of Mental Health: www.nimh.nih.gov
- University of Lynchburg Health Center (students only): Terrace level of Hundley Hall; 434.544.8357;
- Free Clinic of Central Virginia: 1016 Main Street, Lynchburg, VA, 24504; 434.847.5866; www.freeclinicva.org
- Lynchburg General Hospital Emergency Department: 1901 Tate Springs Road, Lynchburg, VA 24501; 434.200.5000
Emergency medical treatment, completion of medical and forensic examinations, and emergency mental health assistance
- Virginia Health Department: www.vdh.virginia.gov
Lynchburg Health Department: 307 Alleghany Avenue, Lynchburg, VA 24501; 434.477.5900; services include free and confidential STD/STI testing, pregnancy testing
- Doctor.WebMD.com: Physician directory
Victim Advocacy Resources
- Domestic Violence Prevention Center: 888.528.1041 ( 24-hour hotline) ; 434.528.1041
- Emergency shelter for women and children, individual caseworkers, on-site support groups, parenting classes, court advocacy, transportation, confidential and community referrals and information.
- Serves Lynchburg, Amherst, Appomattox, Bedford, Campbell, Danville, Nelson, and Pittsylvania.
- Office of the Commonwealth’s Attorney: 901 Church Street, Lynchburg, VA 24504; 434.455.3760; www.ocalynchburg.com
Victim/Witness Program: 434.455.3790
- Sexual Assault Response Program: 1900 Tate Springs Rd., Suite 8, Lynchburg, VA 24501; 888.947.7273 (24-hour confidential hotline); 434.947.7422 (office); www.ywca.org/site/pp.asp?c=mkI1L6MPJvE&b=8347927
Crisis intervention and support, information and referrals, emergency financial assistance, ongoing advocacy, support groups, and community awareness
- DomesticShelters.org: Find domestic violence help and shelters
- National Center for Victims of Crime: www.victimsofcrime.org
Connect Directory for locating crime victim assistance in a wide variety of jurisdictions throughout the country; list of national hotlines and helpful links
- National Domestic Violence Hotline: 800.799.7233; 800.787.3224 (TTY); www.thehotline.org
- NotAlone.gov: Online information for anyone interested in finding resources on how to respond to and prevent sexual assault on college and university campuses and in primary/secondary schools
- Office for Victims of Crime: www.ojp.gov/ovc
Helplines, articles, and a U.S. resources map of crime victims services and information
- Stalking Resource Center: www.victimsofcrime.org/our-programs/stalking-resource-center
- Virginia Crime Victim Assistance: 888.887.3418; www.dcjs.virginia.gov/victims-services
Callers are informed of their rights as victims under Virginia’s Crime Victim and Witness Rights Act and receive additional information, support, and referrals to programs and resources in their communities. As necessary, Language Line Services are used to provide language interpretation for over 170 different languages.
- Virginia Sexual and Domestic Violence Action Alliance: 804.377.0335; www.vsdvalliance.org;
Virginia Family Violence and Sexual Assault Hotline: 800.838.8238 (24-hour hotline)
Legal Assistance and Resources
- Lynchburg General District Court: 905 Court Street, Lynchburg, VA 24504; 434.455.2640;
Information relevant to filing a civil law suit, including forms for different case filing types and a filing fee calculator: http://webdev.courts.state.va.us/cgi-bin/DJIT/ef_djs_gdfees_calc.cgi
- Lynchburg Police Department: 905 Court Street, Lynchburg, VA 24504; 911 (off-campus emergencies)
or 434.847.1602 (non-emergencies)
- Office of the Commonwealth’s Attorney: 901 Church Street, Lynchburg, VA 24504; 434.455.3760;
- Protective Order in Virginia: Protective orders are legal documents issued by a judge or magistrate to
protect the health and safety of a person who is alleged to be a victim of any act involving violence, force,
or threat that results in bodily injury or places that person in fear of death, sexual assault, or bodily injury
- I-CAN! Virginia: Free online program for assistance in filling out forms needed to ask a court for a
Protective order – http://www.courts.state.va.us/courtadmin/aoc/judpln/programs/afapo/home.html
- For protection from a family member, household member, or a juvenile, or for a juvenile victim:
Juvenile and Domestic Relations District Court, 909 Court Street, Main Level, Lynchburg, VA 24504;
- For protection from someone other than a family member, household member, or a juvenile:
Lynchburg General District Court, 905 Court Street, Lynchburg, VA 24504; 434.455.2640;
- I-CAN! Virginia: Free online program for assistance in filling out forms needed to ask a court for a
- Public Defender Office: Allied Arts Building, 725 Church Street, Lynchburg, VA 24504; 434.947.2244
- Virginia Legal Aid Society: 513 Church Street, Lynchburg, VA 24505; 434.455.3080 or 1.866.534.5243; vlas.org
- Potentially Applicable Confidentiality Provisions in Federal and Virginia Law:
- Violence Against Women Act: Section 3, 42 USC §13925(b)(2)(2008)
- Confidentiality of records of persons receiving domestic and sexual violence services (Code of
Virginia § 63.2-104.1); attorney confidentiality (Virginia State Bar Rules of Professional Conduct,
Rule 1.6); marital communications (Code of Virginia §8.01-398); physician-patient communications
(Code of Virginia §8.01-399); ministers (Code of Virginia §8.01-400); interpreters (Code of Virginia
§8.01-400.1, 406); communications with mental health professionals (Code of Virginia §8.01-400.2)
- FindLaw.com: Search for attorneys by location and legal issue
- National Crime Victim Bar Association: 202.467.8716; www.victimsofcrime.org/our-programs/national-crime-victim-bar-association
- Civil Justice for Victims of Crime, a brochure designed to give crime victims and allies a basic understanding of the civil justice system
- Office for Civil Rights (OCR): U.S. Department of Education, 400 Maryland Avenue SW, Washington, DC 20202; 800.421.3481 (civil rights hotline); 202.453.6012 (fax); 800.877.8339 (TDD); ; www.ed.gov/ocr
- Virginia Lawyer Referral Service: Sponsored by the Virginia State Bar Association, 800.552.7977; www.vsb.org/vlrs/index.php/public/vlrs/
- Virginia Poverty Law Center Poverty Law Center Domestic and Sexual Violence Law Program: 804.782.9430, ext. 33;
Visa and Immigration Assistance
- University of Lynchburg Center for Global Education: First floor, Hopwood Hall; 434.544.8688, 434.544.8788;
- The Center’s director serves as University of Lynchburg’s principal designated school official (PDSO) working with nonimmigrant and exchange students and visitors. Similarly, the international student advisor serves as a designated school official (DSO).
- The Center’s director and international student advisor are available to advise all international students regarding visa and immigration regulations as they pertain to their student visa status.
- FindLaw.com: Search for attorneys by location and legal issue
- Student and Exchange Visitor Program: U.S. Immigration and Customs Enforcement, www.ice.gov/sevis
- U.S. Citizenship and Immigration Services: www.uscis.gov
- The Norfolk Field Office serves Lynchburg, VA: 5678 East Virginia Beach Boulevard, Norfolk, VA 23502; www.uscis.gov/about-us/find-uscis-office/field-offices/virginia-norfolk-field-office
- U.S. Visas: U.S. Department of State; www.travel.state.gov/content/visas/en/study-exchange/student.html
Student Financial Aid and Victim Compensation
- University of Lynchburg College Business Office: Fourth floor, Hall Campus Center; 434.544.8213
- University of Lynchburg Financial Aid Office: Second floor, Alumni House; 434.544.8228
- Academic Catalogs: For information regarding refund policies, leaves of absence, and other academic regulations
- Undergraduate Catalog: www.lynchburg.edu/academics/courses/catalog/
- Graduate Catalog: www.lynchburg.edu/graduate/graduate-catalog/
- Leaves of Absence (students):
- For non-medical reasons
- Undergraduate students: Office of the Dean of Students; 114 Hundley Hall; 434.544.8226; www.lynchburg.edu/student-life/dean-of-students/ for link to Personal Leave of Absence form
- Graduate Students: See “Leave of Absence” in the graduate catalog for instructions; www.lynchburg.edu/graduate/graduate-catalog/
- Medical Leave of Absence for health reasons: Contact the director of Health and Counseling Services; terrace level of Hundley Hall; 434.544.8616
- For non-medical reasons
- Crime Victim Compensation: www.victimsofcrime.org/help-for-crime-victims/get-help-bulletins-for-crime-victims/crime-victim-compensation
- Criminal Injuries Compensation Fund: 800.522.4007; P.O. Box 26927, Richmond, VA 23261; www.cicf.state.va.us
- Office for Victims of Crime: www.ovc.gov/
- Administers the Crime Victims Fund, which is financed by fines and penalties paid by convicted
federal offenders – www.ovc.gov/about/victimsfund.html
- Administers the Crime Victims Fund, which is financed by fines and penalties paid by convicted