Discrimination, Harassment, Sexual Misconduct, and Retaliation
USC Upstate is committed to creating an environment where individuals feel comfortable coming forward with a report alleging a violation of university policy and Title IX. Reporting will not require an individual to pursue a certain action but will allow the university to assess the safety of those involved and offer support and resources. A report may be made at any time, including during non-business hours. There is no time frame for making a report. However, the passage of time may limit the university’s response and jurisdiction over a student or employee. Any individual can report incidents that violate university policy and Title IX (even if the person making the report is not the person alleged to be the victim of prohibited conduct), including any of the following acts that involve members or visitors of the USC Upstate campus community:
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Discrimination includes Disparate Treatment Discrimination and Disparate Impact Discrimination.
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Harassment is a form of Discrimination, which includes Hostile Environment and/or Quid Pro Quo.
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Sexual misconduct includes sexual assault, dating violence, domestic violence, stalking, sexual exploitation, and sexual harassment (university definition and/or Title IX definition).
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Any adverse action against any person by another, such as intimidation, threats, coercion, or discrimination, for the purpose of interfering with any right or privilege secured by policy, or because the individual has made a report or complaint of prohibited conduct, testified, assisted, or participated or refused to participate in any manner in any investigation, proceeding, or hearing under policy. Retaliation includes such conduct through associates or agents of a Complainant, Respondent, or participant in any investigation or proceeding related to policy.
All university employees that receive information regarding incidents that violate university policy and Title IX are
required to inform the Civil Rights & Title IX Coordinator.
A report can be made by submitting an online report, email, mail, by phone, or in person. After making a report or upon actual knowledge of a report, the Civil Rights & Title IX Coordinator will reach out to the complainant to offer supportive measures and resources, conduct an initial assessment of the report, and discuss the various resolution options available at the university, which include:
- Taking no further action: This can occur when the facts alleged by a reporting party would not constitute a
violation of policy if proven, and the report is referred to another university department to address under other
applicable policies. A dismissal of a previously filed complaint will also result in no further action. - Supportive measures only: A complainant can obtain immediate supports such as confidential counseling or no contact directives with or without filing a complaint.
- Filing a Complaint: This option will trigger either an investigative or informal resolution. A complaint must be signed by a complainant, or the Civil Rights & Title IX Coordinator can sign a complaint if an investigation is warranted.
- Investigative resolution: The university will initiate a thorough, reliable, and impartial, investigation as to what occurred, conduct a live hearing if required, and make a written determination on the alleged violations.
- Informal resolution: All parties must mutually agree to resolve a complaint informally outside of the investigative process, or when a respondent accepts responsibility, the parties may have the option to resolve informally.
- Other resolution for the parties involved: This can include educational conversations or coaching, which are considered non-disciplinary.
Reporting
It is important to know that reporting alleged violations of university policy or Title IX is not the same as filing a complaint. After receiving a report, the Civil Rights & Title IX Coordinator will determine whether a complaint process is appropriate, and if so, a complainant can choose to file a formal complaint and engage in an investigative or informal resolution process as described above. Under certain circumstances, the Civil Rights & Title IX Coordinator has the discretion to file a complaint. The procedures for responding to reports and complaints of discrimination, harassment, sexual misconduct, or retaliation subject to university policy and Title IX can be found in the university’s resolution procedures.
Contact
Dr. Lyda Costello Kiser
Civil Rights & Title IX Coordinator
University of South Carolina Upstate
800 University Way
Spartanburg, SC 29303
Phone: 864-503-5632
titleix@uscupstate.edu
Title IX Violation Report
If you or someone you know has been the victim of sex discrimination, sexual harassment, sexual misconduct, or retaliation, at USC Upstate, you can report it. Any individual can make a report by submitting an online report via the reporting link below, sending an email to titleix@uscupstate.edu, by calling (864) 503-7193, mail, or in person.
Please know that the submission of a report will not automatically initiate a formal complaint process but will serve as an initial step to assess whether a violation of university policy and Title IX has occurred and will connect those impacted with supportive measures and resources.