What is Permanent Memorandum No-73?
PM-73 is a policy that Louisiana State University System implemented to outline the University’s process as it relates to investigating complaints of sexual misconduct and Title IX. The federal government mandates all federally funded institutions to create and abide by such policies.
What is Title IX?
Title IX is a federal law that mandates “no person in the United States shall, on
the basis of sex, be excluded from participation in, be denied the benefits of, or
be subjected to discrimination under any education program or activity receiving Federal
financial assistance.” Colleges and universities receiving Federal financial assistance
must guarantee ALL students an education and learning environment free from sex discrimination and sexual
misconduct. They must also guarantee ALL employees a safe and welcoming work environment free from sex discrimination and
sexual misconduct.
What is Sexual Misconduct?
Sexual misconduct is any sexual act or contact of sexual nature that occurs without
consent of the other person or persons regardless of personal relationship. Sexual misconduct
can be a range of behaviors including forms of dating/domestic violence, sex discrimination,
sexual assault, sexual harassment, stalking, and any other conduct of a sexual nature
that has the purpose or effect of threatening, intimidating, or coercing a person.
What is Consent?
Consent is the affirmative and voluntary agreement to engage in a specific sexual
activity during a sexual encounter. It cannot be obtained by threat, coercion, or
force. It also cannot be obtained from someone who is sleeping, or otherwise mentally
or physically incapacitated, whether due to alcohol, drugs, or some other reason.
What is the Complaint Process?
Louisiana State University is responsible for investigating complaints promptly and
equitably; stopping inappropriate behavior; seeking remedies to the behavior; and
preventing it from occurring in the future. In each step of the complaint process,
the parties involved are notified of their rights and/or options, trained university
officials handle information, and procedures are followed in a timely manner. Interim
measures, such as separating the parties, suspensions, alternative scheduling, and/or
housing arrangements may be recommended.
What are the Complainant’s Rights?
Complainants have a right to be informed of their options; to notify law enforcement; to be notified of counseling
services; to be notified of options for changing academic and/or living situations;
to have the opportunity to have an advisor of choice present during any disciplinary
proceeding; and to be informed of the outcome of any disciplinary proceeding.
Are complaints confidential?
All parties involved in a complaint, investigation, and/or resolution, including witnesses,
shall keep information concerning the complaint private and shall be notified of this
obligation. However, LSU may be required to divulge information on a need-to-know
basis in order to properly address the complaint. Violations of confidentiality may
result in disciplinary or other action.
What is an “Advisor of Choice”?
A student or employee has the right to have an “Advisor of Choice” present during
any meeting conducted under this policy. The “Advisor of Choice” can be any person
who the student or employee chooses but may not have personal involvement regarding
any facts or circumstances of the alleged misconduct. The Advisor’s only function
shall be to assist and/or consult with the student or employee. This Advisor may
be an attorney, but participation shall be limited as stated above. The “Advisor
of Choice” may not act as a spokesperson.
What is LSU’s Jurisdiction over PM-73 cases?
LSU maintains jurisdiction over PM-73 cases even when misconduct occurs outside the
boundaries of campus. Depending upon the circumstance, LSU may be required to investigate
an off-campus incident. Jurisdiction is evaluated on a case-by-case basis. LSU may
extend jurisdiction (over off-campus conduct) if the alleged conduct by the student
or employee involved violence or produced a reasonable fear of physical harm; and/or
involved any other members of the LSU community or any academic work, records, documents,
or property of LSU.
Where can I find PM-73 to review?
Here is a link to LSU’s PM-73 policy: https://www.lsu.edu/administration/policies/pmfiles/PM73-Title-IX-and-Sexual-Misconduct-Policy.pdf . In the link, you will find the full policy, which goes into more detail and houses
all the necessary definitions one may need when addressing an alleged violation of
the policy LSU PM-73.
Does this policy apply to all campuses?
Yes, PM-73 applies to all LSU campuses and their affiliates.
Does PM-73 force victims/survivors to share their experience with the Institution or pressure a complainant to pursue disciplinary action?
The complainant always retains control over what level of information to share with involved parties. When a report of sexual misconduct is shared with the Title IX Coordinator, or any other responsible party, the University has a legal duty to follow up on the report to determine the appropriate response under this policy. A Title IX Investigator will conduct an initial assessment regarding, among other things, the nature of the report, the safety of the individual and the broader campus community, and the complainant’s expressed preference for resolution. Students and/or employees are not pressured to pursue a specific action. In planning any response, the wishes of the reporting party are given full consideration. Nevertheless, the University may need to pursue a certain path despite the wishes of the student, but usually only if there is a broader safety risk for the community.
Does a PM-73 complaint always start a criminal/legal process?
Reporting an incident to the police and/or pursuing criminal charges are always available
to a student and/or employee and the University will help in accessing those resources,
but it is separate and different from the University’s Title IX process. A complainant
can pursue both the criminal and administrative process at the same time.
Is the Title IX Team sensitive to the needs of victims/survivors?
The Title IX team intentionally works to create a compassionate, sensitive environment
to address all concerns; offer an unbiased and transparent system for gathering facts;
and connect all community members with appropriate support and resources.
Are all employees at LSU required to report incidents of sexual misconduct?
PM-73 requires most employees to report, but not all. Some employees have legally
recognized confidentiality protections and will not share information without the
consent of the victim/survivor.
Does PM-73 cover student complaints of sexual misconduct against employees?
Yes, if a student reports sexual misconduct/harassment by an employee, LSU must take
action. Based on the report, LSU will notify the student of options and resources
available for support. LSU will also notify the employee of the allegation, and in
most instances will conduct an investigation. If it is found that the employee has
engaged in sexual misconduct/harassment, LSU will take steps to ensure the conduct
stops.
Is there a time limit for making a report?
There is no time limit for making a report. The University encourages reporting an
incident as soon as possible in order to maximize their ability to respond promptly
and effectively. The University does not, however, limit the time frame for reporting.
However, the longer an incident goes without being reported, the less successful the
investigation will be. If the respondent is no longer a student or employee, the University
may not be able to take action against the Respondent, but it will still seek to meet
its obligation under PM-73 by taking steps to end the harassment, prevent its recurrence,
and address its effects, when appropriate.
Who is considered a mandatory reporter and what are the expectations as such?
Mandatory reporters are faculty and staff that have supervisory responsibilities as
well as staff who manage academic or student programs. Mandatory reporters must report
Title IX complaints to the Title IX Coordinator or one of the Deputy Coordinators.
If an employee who is not obligated mandatory reporter receives a Title IX complaint,
they are encouraged to report it to the Title IX Coordinator, a Human Resources Officer
or to their supervisor.
If an employee reports sexual misconduct or harassment by another employee, can the complainant remain confidential?
When a report of sexual misconduct/harassment is made to the Title IX Coordinator
or an mandatory reporter (e.g. supervisor, manager, HR professional), LSU has a legal
duty to follow up on the report to determine whether sexual misconduct occurred and
if so, to take appropriate action to ensure that the sexual misconduct/harassment
ends. A Title IX Investigator will conduct an initial assessment regarding, among
other things, the nature of the report, the safety of the individual and of the broader
campus community, and the complainant’s expressed preference for resolution. While
an employee may request confidentiality and LSU will weigh the request with LSU’s
obligation to provide a safe, non-discriminatory environment, in some instances it
may not be possible to provide complete confidentiality to the employee.
If an employee reports the incident to a confidential source, the confidential source
will advise the employee of their options. A mandatory reporter such as a Human Resources
Officer must report and take action if an employee discloses they have been sexually
harassed.
Can accommodations be made for employees if an allegation of sexual misconduct is reported and the two employees work closely together?
Interim measures may be taken while an investigation is pending to ensure that no
sexual misconduct/ harassment continues while the investigation is ongoing. If an
investigation results in a finding of sexual misconduct, LSU will work with the Department
and the individuals to come up with potential accommodations to ensure that the sexual
misconduct/harassment does not reoccur. In some cases temporary no contact orders,
schedule changes or space changes may be an option. Other types of accommodations
may be considered depending on the circumstances of the situation.
I believe my supervisor is harassing me based on continual comments of a sexual nature. Who do I report this to in order to have the behavior stop?
You can contact your LSU Human Resources Officer or you may also contact LSU’s Title
IX Coordinator for help. In addition, please review the resources page for additional
support.
What is retaliation? As an employee, what should I do if I believe any of the involved parties are retaliating?
Retaliation against an employee or student for filing a complaint, or who are involved
in a complaint, in good faith is prohibited. Any acts of reprisal, intimidation, discrimination
or harassment for coming forward with a complaint could be considered retaliation.
If you believe that retaliation may have occurred, you should report your concern
immediately to your supervisor, your Human Resources Officer or the Title IX Coordinator.
What should I do as an employee if a co-worker or student complains to me that he/she is being sexually harassed?
First listen without judgment, offer support and connect the individual with resources such as LSU Student Health Center for students and HRM for employees. You and/or the complainant are encouraged to report the complaint to the Title IX Coordinator, a Deputy Title IX Coordinator, Human Resources or your supervisor.
What should I do as an employee if I witnessed sexual harassment on campus or in my department?
If you are a witness to inappropriate behavior, determine whether you can intervene and speak up. If it is not appropriate or safe for you to do so, you should report what you witnessed to your supervisor or a Human Resources employee.
I am an employee and someone filed a sexual harassment complaint against me, what should I do?
It may be helpful to speak with an advisor or your supervisor. If you realize you
may have behaved inappropriately, it may be appropriate to apologize for your actions.
Cooperate fully with any investigation and provide the investigator with any information
that you believe is relevant to a determination and/or resolution of the complaint.
Who investigates PM-73 complaints?
University Title IX investigators will be assigned to investigate any PM-73 complaints.
These University representatives are trained to be able to investigate sensitive matters
such as these.
What if it is my word against theirs?
When it is someone’s word against another person’s word, then this is where witnesses
or any other relevant pieces of information or evidence to the case should be presented
to the Title IX investigators. Any additional information you can provide to the
Title IX investigators will be beneficial for you to help relay your version of events.
What happens if I am not satisfied with the outcome of the investigation?
Either party may appeal the findings of the formal resolution process in accordance with existing University policies detailing appeal procedures for students or for employees. Appeals must be submitted in writing to the Campus Title IX Coordinator or designee within ten (10) business days upon receipt of the outcome.
