91³Ô¹ÏÍø

A. Harassment Discrimination Overview

1. Philosophy

91³Ô¹ÏÍø recognizes the inherent dignity of all individuals and promotes respect for all people in its activities and programs and in the relationships it shares with students, faculty, staff and the public. Further, 91³Ô¹ÏÍø expects all community members to promote dignity and respect in their daily interactions with each other.

Harassment, discrimination, and sexual misconduct will not be tolerated at 91³Ô¹ÏÍø. Such acts are counter to our mission, values, Student Code of Conduct and are against 91³Ô¹ÏÍø policy. Acts of harassment, discrimination, and/or sexual misconduct interfere with an individual’s ability to benefit from the 91³Ô¹ÏÍø experience. 91³Ô¹ÏÍø is committed to taking all appropriate steps to eliminate harassment, discrimination, and sexual misconduct, prevent its recurrence and address its effects.

91³Ô¹ÏÍø seeks to cultivate a campus culture of prevention and awareness surrounding harassment, discrimination and/or sexual misconduct. All members of the 91³Ô¹ÏÍø community are encouraged to report any incident of harassment, discrimination, or sexual misconduct. 91³Ô¹ÏÍø will take steps to resolve complaints promptly and equitably. 91³Ô¹ÏÍø does this by providing counseling and support services for individuals and groups who have been affected by harassment, discrimination, and/or sexual misconduct, by holding individuals who violate this policy accountable, and by providing education and training to the 91³Ô¹ÏÍø community.

It is a violation of 91³Ô¹ÏÍø policy to threaten, intimidate or retaliate in any way against an individual for raising allegations of harassment or discrimination, participating in an investigation, complaint process or hearing, filing a complaint alleging harassment or discrimination, or encouraging others to report. Retaliation includes, but is not limited to, any form of intimidation, reprisal, or harassment. 91³Ô¹ÏÍø will take immediate and responsive action to any retaliation. Anyone found to have acted in a retaliatory manner may be subject to appropriate disciplinary action up to and including termination of employment.

2. Notice of Non-Discrimination

91³Ô¹ÏÍø's Policy On Non-Discrimination:

91³Ô¹ÏÍø University does not discriminate against any person on the basis of race, color, religion, national origin, sex, marital status, sexual orientation, gender identity, age, disability, veteran status, or any other non-merit factor in employment, educational program, or activities that it operates.

Policies and procedures (collectively referred to as “policies”) are written consistent with 91³Ô¹ÏÍø’s Mission Statement. Our non-discrimination policies comply with federal and state regulations, including Title IX of the Education Amendments of 1972.

Title IX Inquiries & Complaint Process

Inquiries concerning application of Title IX may be referred to the Title IX Coordinator. To file a complaint of sexual harassment, sexual assault, sexual misconduct, or gender-based discrimination, contact any of the parties listed below.

Non-Discrimination Inquiries & Complaint Process

Inquiries concerning the application of the University’s non-discrimination policy may be referred to the Office of Equity and Inclusion. To file a complaint of harassment or discrimination based upon any of the protected groups, contact the Office of Equity and Inclusion or any of the parties listed below.

Robin Kelley, Ph.D.

Chief Diversity Officer

Email: kelleyr2@gonzaga.edu
Phone: (509) 313-6013

 

Andrew J. Newman, '16; '21, J.D.

Director of Harassment & Discrimination Prevention; Title IX Coordinator

Email: newmana@gonzaga.edu
Phone: (509) 313-6910

  

David Gomez, M.A.

Title IX Equity & Compliance Investigator

Email: gomezd2@gonzaga.edu
Phone: (509) 313-5382

 

Heather Gores

Associate Athletics Director, Internal Operations

Deputy Title IX Coordinator

509.313.3599 (office)

509.991.1776 (cell)

gores@gonzaga.edu

Individuals may also contact the Office for Civil Rights of the U.S. Department of Education:

Seattle Office, Office for Civil Rights
U.S. Department of Education
915 Second Avenue Room 3310
Seattle, WA 98174-1099

Telephone: 206-607-1600
FAX: 206-607-1601
TDD: 800-877-8339
Email: OCR.Seattle@ed.gov

3. Scope of Policy

This policy applies to harassment and discrimination based on legally protected classes or characteristics. It applies to all 91³Ô¹ÏÍø community members, including employees and students. All students and employees of 91³Ô¹ÏÍø are responsible for their actions and behavior, whether the conduct in question occurs on or off campus. As such, this policy applies to both on campus conduct and relevant off campus conduct which affects the 91³Ô¹ÏÍø community.

Vendors, independent contractors, visitors, and others who conduct business with 91³Ô¹ÏÍø or on 91³Ô¹ÏÍø property are also expected to comply with this policy.

91³Ô¹ÏÍø’s Office of Equity and Inclusion is responsible for oversight of complaints made pursuant to this policy for all forms of harassment and discrimination prohibited by law. However, gender-based complaints made by students against other students, faculty, staff, other community members or visitors, are overseen by the Title IX Coordinator.

4. Harassment and Discrimination Defined

Harassment and discrimination against individuals in protected classes can take many forms. It can include verbal or physical conduct, name-calling, slurs, comments, rumors, jokes, innuendos, unwelcome compliments or touching, cartoons, pranks, graphic and written statements, communications via cell phones or the internet, or other conduct which may be physically or emotionally threatening, harmful or humiliating.

Generally, physical and verbal conduct is considered harassment when it meets one or more of the following criteria:

1. Submission to the undesirable conduct or communication is made, either explicitly or implicitly, a term or condition of one’s employment or academic status, or
2. Submission to or rejection of the conduct or communication by an individual is used as a factor in decisions affecting the individual’s employment or education, or
3. The conduct or communication has the purpose or effect of substantially or unreasonably interfering with an individual’s employment or education, or creates an intimidating, hostile, or offensive employment or academic environment, and
4. The conduct or communication would not have occurred but for the protected category of the individual(s) or group to whom it is directed or who are affected by it.

Specific examples of Harassment and Discrimination are provided in Section B of this policy.

5. Verbal and Other Expressive Behaviors in Instruction Settings

The College and University Personnel Association and the American Association of 91³Ô¹ÏÍø Professors have developed guidelines for addressing allegations of harassment arising in an instructional setting. The types of expressive behavior which are acceptable within the instructional setting are defined below. Complaints received concerning behaviors outside of these protected behaviors are handled through the applicable procedures described in the 91³Ô¹ÏÍø University Policies and Procedures Manual, the Faculty Handbook and the Student Code of Conduct, as determined by the classification of the respondent (employee, student or faculty).

Definitions:

1. “Instructional setting:” An instructional setting is a situation in which a member of the faculty or academic staff is communicating with a student(s) concerning matters the faculty or academic staff member is responsible for teaching the student(s). These situations include, but are not limited to, such communication in a classroom, laboratory, during a field trip or in a faculty or academic staff member’s office.
2. “Expressive behavior:” Expressive behavior is conduct in an instructional setting whenever a faculty or academic staff member seeks to communicate with students. It includes, but is not limited to, the use of visual materials, verbal or written statements, and assignment of visual, recorded or written materials.

Protected Expressive Behavior:

1. Expressive behavior related to subject matter:
2. A faculty or academic staff member’s selection of instructional materials shall not be the basis for discipline if the material selected is germane to the subject of the course. However, if the Faculty Harassment/Discrimination Committee finds, at a formal hearing, that the faculty or academic staff member’s claim that the materials are germane to the subject of the course is unreasonable, it shall not be an acceptable defense to the use of such material.
3. A faculty or academic staff member’s expressive behavior shall not be the basis for discipline if the behavior constitutes an opinion or statement germane to the subject matter of the course. However, if the Faculty Harassment/Discrimination Committee finds, at a formal hearing, that the faculty or academic staff member’s claim that the expressive behavior is unreasonable, it shall not be an acceptable defense to the use of such behavior.
4. Expressive Behavior related to pedagogical strategies: A faculty or academic staff member’s selection of pedagogical strategies shall not be the basis for discipline unless the Faculty Harassment/Discrimination Committee finds, at a formal hearing, that the faculty or academic staff member’s claim that the objective cannot be accomplished as effectively by techniques less likely to cause harm is unreasonable.

Statement of Privacy and Confidentiality

91³Ô¹ÏÍø is committed to protecting the privacy and confidentiality of all individuals involved in a report of harassment or discrimination. 91³Ô¹ÏÍø will balance privacy and confidentiality with its obligation to conduct a thorough review of the allegation for the purpose of protecting the parties and the broader campus community and maintaining an environment which is free from harassment and discrimination.

• Privacy generally means information related to a report of misconduct will only be shared with a limited circle of individuals. The use of this information is limited to those 91³Ô¹ÏÍø employees who “need to know” in order to assist in the active review, investigation or resolution of the report. While not bound by confidentiality, these individuals are required to be discreet and respect the privacy of all individuals involved in the process.

• Confidentiality means information shared by an individual with designated campus or community professionals cannot be revealed to any other individual without the express permission of the individual. These professionals include those licensed by the State as a medical professional, mental health clinician or clergy serving in their capacity as a sacramental confessor or any ordained religious serving in the sacred confidence role.

When 91³Ô¹ÏÍø has received a report of harassment or discrimination, but the Complainant requests his/her identity remain private or confidential, or that 91³Ô¹ÏÍø not pursue an investigation, 91³Ô¹ÏÍø must balance this request for privacy with its responsibility to provide a safe and non-discriminatory environment for all members of the 91³Ô¹ÏÍø community. Decisions regarding privacy requests will be made by the Title IX Coordinator for gender-based harassment, discrimination, and/or sexual misconduct. Decisions regarding privacy of all other equal opportunity complaints will be made by appropriate 91³Ô¹ÏÍø officials. 91³Ô¹ÏÍø will take all reasonable steps to investigate and respond to the report consistent with the Complainant’s request, but its ability to do so may be limited by the request for privacy. However, with the presence of circumstances (including without limitation the seriousness of the alleged harassment and the age of the parties) or evidence of a pattern of repetitive behavior, 91³Ô¹ÏÍø may conduct further investigation, or take other appropriate measures without the Complainant’s consent. A Complainant will be informed whenever legally permissible of any action taken by 91³Ô¹ÏÍø to resolve the complaint, including further investigation and corrective or disciplinary steps.

If circumstances alleged in a report of misconduct pose an immediate threat to the 91³Ô¹ÏÍø community or when timely notice must be given to protect the health or safety of the community, 91³Ô¹ÏÍø may not be able to maintain the same level of privacy. Immediately threatening circumstances include, but are not limited to, reported incidents of sexual misconduct which include the use of force, a weapon, or other circumstances which represent a serious and ongoing threat to 91³Ô¹ÏÍø students, faculty, administrators, staff, or visitors.

All resolution proceedings are conducted in compliance with the requirements of the Family Educational Rights and Privacy Act (FERPA), the Clery Act, Title IX, other applicable federal and state laws, and 91³Ô¹ÏÍø policy. No information shall be released except as required or permitted by law and 91³Ô¹ÏÍø policy.

B. Specific Policies Associated with Harassment and Discrimination

1. Gender-based Harassment, Discrimination and Sexual Misconduct

Purpose:

1. Define gender-based harassment and the forms of sexual misconduct which violate our community standards;
2. Identify resources and support for all members of the 91³Ô¹ÏÍø community;
3. Identify the Title IX Coordinator and the scope of his/her role;
4. Provide information as to where an individual can obtain support or access resources in a confidential manner;
5. Provide information as to how an individual can make a report on campus or off campus; and
6. Provide information as to how a report against a 91³Ô¹ÏÍø community member will be investigated, evaluated and adjudicated.

When used in this policy:

1. Reporting Party refers to the person who reports to 91³Ô¹ÏÍø gender-based harassment, discrimination, and/or sexual misconduct.
2. Complainant refers to one who has allegedly been the subject of gender-based harassment, discrimination, and/or sexual misconduct.
3. Respondent refers to the person(s) who is reported to have allegedly committed an act or acts of gender-based harassment, discrimination, and/or sexual misconduct.
4. Third party refers to any other participant in the process, including a witness to the alleged misconduct.
5. Mandatory reporter refers to people who have regular contact with students and therefore are legally bound to report suspected or observed abuse. At 91³Ô¹ÏÍø all employees are mandatory reporters of alleged sexual harassment or discrimination, unless they are licensed by the State as a medical professional, mental health clinician, or clergy, serving in their capacity as a sacramental confessor or any ordained religious serving in the sacred confidence role.

2. Gender-based Harassment, Discrimination, and/or Sexual Misconduct Awareness and Education Programs

91³Ô¹ÏÍø is committed to providing a variety of awareness and prevention programs on gender-based harassment, discrimination, and/or sexual misconduct issues to all community members including students, faculty and staff. While a variety of offices provide programming related to these issues, the primary offices to contact in search of existing programming or customized events include:

• Housing and Residence Life
• Human Resources
• LGBT Resource Center

• Center for Cura Personalis
• Women’s and Gender Studies
• Campus Climate Committee

These offices offer established training sessions, programs and events throughout each year. Some offices are also available to design programming for specific groups or situations.

3. Examples, Definitions, and Prohibited Conduct:

This policy addresses a broad spectrum of behavior, all of which falls under the broad definition of sexual harassment. Sexual harassment is objectionable verbal or physical conduct which is gender-based or sexual in nature. Unwelcome sexual advances, requests for sexual favors, sexually motivated physical or verbal conduct may be sexual harassment. Other behavior which is not sexual in nature but is motivated by a person’s sex, gender identity, or sexual orientation may also be sexual harassment.

Sexual harassment may include sexual misconduct and sexual violence. A single isolated incident of sexual harassment may create a hostile environment if the incident is sufficiently severe. The more severe the conduct, the less need there is to show a repetitive series of incidents to provide a hostile environment, particularly if the harassment is physical. Sexual misconduct and sexual violence can include, but is not limited to, sexual assault, intimate partner violence, sexual exploitation, harassment and stalking. Sexual harassment also includes gender-based harassment, which may include acts of verbal, nonverbal, or physical aggression, intimidation or hostility based on gender or gender-stereotyping, even if those acts do not involve conduct of a sexual nature.

Gender-based harassment, discrimination or sexual misconduct can take many forms:

• Can occur between equals (e.g., student to student, employee to employee) or between persons of unequal power status (e.g., supervisor to subordinate, professor to student, coach to student-athlete).

• Can be committed by an individual or may be a result of the actions of an organization or group. It can be committed against an individual, an organization or a group.

• Can be committed by an acquaintance, a stranger or someone with whom the Complainant has an intimate or sexual relationship.

• Can occur by any individual against any individual. This policy prohibits gender-based harassment, discrimination, and/or sexual misconduct against 91³Ô¹ÏÍø community members of any sex, gender identity or sexual orientation.

• Demeaning sexist statements, humor or jokes about sex or gender-specific traits, crude sexual remarks, offensive stories, remarks of a sexual nature about a person’s clothing or body, remarks about sexual activity or experiences, sexual innuendo or other suggestive comments, offensive notes, sexual propositions, or insults and threats, that an individual communicates are unwanted and unwelcome.

• Hazing as defined by Student Code of Conduct.

• Display or circulation of written materials or pictures degrading to an individual(s) or gender group.

• Engaging in demeaning verbal and other expressive behavior of a sexual or gendered nature in instructional settings.

• Inappropriate or unwelcome physical contact or suggestive body language, such as touching, patting, pinching, hugging, kissing, or brushing against an individual’s body.

• Undue and unwanted attention, such as repeated inappropriate flirting, compliments about clothing or physical attributes, staring or making sexually oriented gestures.

• Pressuring an individual to become involved in sexual activity.

• Making a student’s work or an employee’s job more difficult because of that person’s sex, gender identity or sexual orientation.

• Using a position of power and authority to: 1) threaten or punish, either directly or by implication, for refusing to tolerate harassment or submit to sexual activity or for reporting harassment; 2) promise rewards in return for sexual favors.

• Sexually assaulting an individual.

4. Specific Examples of Prohibited Conduct:

In addition to the range of behaviors identified above as sexual harassment, the following conduct is specifically prohibited by this policy:

“Sexual Assault”:

• Related to Attempted or Actual Penetrations: Having or attempting to have non-consensual vaginal, anal, or oral penetration, however slight, with any object or body part, with another person. This includes intercourse or attempted intercourse under circumstances including :

• the use or threat of coercion or force,

• when the other person is incapacitated and that incapacitation is reasonably apparent to the Respondent; or
• when the other person does not consent.

• Related to All Other Forms of Sexual Contact: Having or attempting to have any non-consensual, non-accidental touching of a sexual nature. This touching can include, but is not limited to, kissing, touching the intimate parts of another or causing the other to touch the harasser’s intimate parts. This includes sexual contact under circumstances including:

• the use or threat of coercion or force,
• when the other person is incapacitated and that incapacitation is reasonably apparent to the Respondent; or
• when the other person does not consent.

“Sexual-based Communication”: Speaking to, or directing any kind of communication, words, or images of a sexual nature at another person which is not welcomed by the receiving party. If the communication is unwelcome, that is, if it occurs without the other person’s consent or participation it may create a hostile learning and living environment. Sexual-based communication can include interactions in person, by phone, social media, electronic messages and photos and written words or images such as graffiti.

“Sexual Exploitation”: Taking sexual advantage of another for the Respondent's advantage or benefit, or for the benefit or advantage of anyone other than the Reporting Party, and that behavior does not otherwise constitute other forms of gender-based harassment, discrimination, and/or sexual misconduct described in this policy. Examples of sexual exploitation include creating images (including video or still photography) of another person of a sexual nature via web-cam, camera, Internet exposure, etc., without knowledge and consent of all persons; knowingly exposing a person who has not consented to the risk to Human Immunodeficiency Virus (HIV) or any other Sexually Transmitted Diseases (STD); inducing incapacitation for the purpose of making the other person vulnerable to sexual assault; and voyeurism.

“Stalking”: A pattern of repeated and unwanted attention, harassment, contact, or any other course of conduct directed at a specific person which would cause a reasonable person to become alarmed or be in fear of harm or injury, including physical, emotional or psychological harm. This includes cyber-stalking, a particular form of stalking in which electronic media such as the internet, social networks, blogs, cell phones, texts or other similar devices or forms of contact are used to pursue, harass or make unwelcome contact with another person.

“Domestic Violence”: Domestic violence and emotional abuse are behaviors used by one person in a relationship to control the other. Partners may be married or not married; heterosexual, gay, or lesbian; living together, separated or dating.

“Dating Violence”: A pattern of abusive behaviors used to exert power and control over a dating partner.

“Prohibited Relationships”: Romantic or sexual relationships between two members of the 91³Ô¹ÏÍø community when one person in that relationship has actual or apparent authority to supervise, evaluate, counsel, educate, employ or otherwise make decision(s) or recommendation(s) regarding the other person in respect to the other person’s employment, education or instruction at 91³Ô¹ÏÍø, or as to his/her advancement, participation, benefits or privileges in the educational or employment context. Although relationships between "unequal" persons may not necessarily constitute sexual harassment, an inherent conflict of interest and may give rise to sexual harassment/discrimination, or allegations thereof. Refer to the 91³Ô¹ÏÍø Certain Relationships by Persons in Authority policy for more information.

Definitions:

“Consent”: Consent occurs when the parties exchange affirmative words, actions, or behavior indicating their agreement to freely participate in mutual sexual activity. Consent must be informed, knowing and voluntary, and freely and actively given. As a general rule, a person will be considered unable to give valid consent if she/he cannot appreciate the "who, what, when, where, why and how" of a sexual interaction. The following further clarifies the definition of consent:

• Each participant in a sexual encounter is expected to obtain and give consent to each act of sexual activity.

• If at any time it is reasonably apparent either party is hesitant, confused or unsure, both parties should stop and obtain mutual verbal consent before continuing such activity.

• Consent may be withdrawn by either party at any time. Withdrawal of consent must also be outwardly demonstrated by words or actions which clearly indicate a desire to end sexual activity. Once withdrawal of consent has been expressed, sexual activity must cease.

• Relying on non-verbal communication can lead to misunderstandings. Consent should not be inferred from silence, passivity, lack of resistance or lack of an active response alone. A person who does not physically resist or verbally refuse sexual activity is not necessarily giving consent.

• Individuals with a previous or current intimate relationship do not automatically give either initial or continued consent to sexual activity.

• An individual who is physically incapacitated from alcohol or other drug consumption (voluntarily or involuntarily), or is unconscious, unaware or otherwise physically helpless is considered unable to give consent. For example, one who is asleep or passed out cannot give consent.

• An individual in a blackout state may appear to act normally but may not have later recall of the events in question. The extent to which a person in this state affirmatively gives words or actions indicating a willingness to engage in sexual activity and the other person is unaware – or reasonably could not have known – of the alcohol consumption or blackout, must be evaluated in determining whether consent could be considered as having been given.

• Alcohol and other drugs impair a person’s decision-making capacity, awareness of the consequences and ability to make judgments, and can create an atmosphere of confusion over whether consent has been freely and clearly sought or given.

• Being intoxicated or impaired by drugs or alcohol is never an excuse for gender-based harassment, discrimination, and/or sexual misconduct and does not diminish one’s responsibility to obtain consent.

“Coercion”: The use, attempted use or threat of force, immediate or future harm, or the use of physical, severe or pervasive emotional intimidation to cause another person to engage in or submit to certain activities. Coercion also includes administering a drug, intoxicant or similar substance which impairs the person’s ability to give consent.

“Incapacitation”: An individual who is incapacitated cannot consent to sexual activity. An individual is incapacitated if he/she is physically helpless, unconscious, or unaware, due to drug or alcohol consumption (voluntarily or involuntarily) or for some other reason. Where alcohol is involved, incapacitation is a state beyond drunkenness or intoxication. Some indicators of incapacitation may include, but are not limited to, lack of control over physical movements, being unaware of circumstances or surroundings, or being unable to communicate for any reason

4. Retaliation

It is a violation of 91³Ô¹ÏÍø policy to threaten, intimidate or retaliate in any way against an individual for raising allegations of harassment or discrimination, participating in an investigation, complaint process or hearing, filing a complaint alleging harassment or discrimination, or encouraging others to report. Retaliation includes, but is not limited to, any form of intimidation, reprisal, or harassment. 91³Ô¹ÏÍø will take immediate and responsive action to any retaliation. Anyone found to have acted in a retaliatory manner may be subject to appropriate disciplinary action up to and including termination of employment.

5. The Role of the Title IX Coordinator and Deputy Title IX Coordinators

Title IX Coordinators and Deputies are knowledgeable and trained in 91³Ô¹ÏÍø’s policies and procedures, state and federal laws applying to matters of sexual misconduct, harassment and discrimination, and the dynamics of sexual misconduct, harassment and discrimination. Title IX Coordinators are available to meet with any individual, either Reporting Party, Complainant, Respondent or third party to discuss the options for resolution of a report under this policy.

In every report of sexual misconduct, harassment and discrimination, the Title IX Coordinator will review the report, investigative steps and will endeavor to ensure that all appropriate remedies have been considered and implemented as needed with the goals of eliminating harassment, preventing its recurrence and addressing its effects. In cases involving a student respondent, the Title IX Coordinator will determine whether there is sufficient evidence to forward the report to the Office of Community Standards.

91³Ô¹ÏÍø’s Title IX Coordinator:

Stephanie N. Whaley
Title IX Coordinator
(509) 313-6910
whaley@gonzaga.edu

Deputy Title IX Coordinators:

Eric Baldwin
Dean of Student Well-Being and Healthy Living
College Hall 120
baldwine@gonzaga.edu
(509) 313-4135

Heather Gores
Associate Athletic Director
McCarthey Athletic Center, Office 315
gores@athletics.gonzaga.edu
(509) 313-3599

Michael Roden
Assistant AD Student Athletic Support Services
McCarthey Athletic Center PV103A
roden@athletics.gonzaga.edu
(509) 313-5527

• Emergency or follow-up medical services. The medical exam has two goals: first, to treat the full extent of any injury of physical trauma and to consider the possibilities of sexually transmitted disease or pregnancy; and second, to properly collect and preserve evidence as part of a “rape kit”/sexual assault examination for potential criminal prosecution (provided only by a trained provider in a hospital). 

• IMPORTANT: do not shower, bathe, douche, brush your teeth, drink or change your clothing, as you may be destroying evidence you will need if you decide to prosecute. 

• STD and HIV testing (available through 91³Ô¹ÏÍø Health Center or another off-campus provider) 

• Pregnancy testing (available through 91³Ô¹ÏÍø Health Center or another off-campus provider) 

• Health care concerns related to the incident may be discussed with the hospital emergency staff, a personal physician or 91³Ô¹ÏÍø Health Center staff, who can also provide referrals to off-campus providers  

• 91³Ô¹ÏÍø Health Center can also advise an individual about the complaint processes under this policy. 

Campus and Local Resources for Students

Where to go for gender-based harassment, discrimination, and/or sexual misconduct incidents and support services:

Services offered 24 hours a day, 365 days a year.

Campus and Local Resources for Employees

Where to go for gender-based harassment, discrimination, and/or sexual misconduct incidents and support services:

Coordination with Law Enforcement

Notifying Law Enforcement may result in the Reporting Party, Complainant and/or Respondent being contacted by a police officer. The police department determines if a criminal investigation will occur and if the case will be referred for prosecution. A case not referred for criminal prosecution may receive a 91³Ô¹ÏÍø response. 

An act not criminally prosecuted may violate 91³Ô¹ÏÍø policy. To the extent permitted or required by law, 91³Ô¹ÏÍø will cooperate with outside investigators. 91³Ô¹ÏÍø encourages reporting to both 91³Ô¹ÏÍø and to an outside law enforcement agency, if the alleged gender-based harassment, discrimination, and/or sexual misconduct may also be a crime. 

91³Ô¹ÏÍø process and the criminal justice process are two separate and independent courses of action. If an individual wants to file a report with Law Enforcement, a 91³Ô¹ÏÍø professional staff member is available to assist. 91³Ô¹ÏÍø generally will not file a police report on behalf of an individual, unless circumstances warrant. 91³Ô¹ÏÍø’s response to a report is not impacted by the filing of a criminal complaint or by the outcome of the criminal investigation. 

Amnesty

It is 91³Ô¹ÏÍø's goal that all individuals report all incidents of sexual misconduct so that those affected can receive the support and resources needed. Therefore, violations of 91³Ô¹ÏÍø’s alcohol and drug policies by a Reporting Party or a Complainant may be exempt from disciplinary action in situations where gender-based harassment, discrimination, and/or sexual misconduct also occurs. However, 91³Ô¹ÏÍø may initiate an educational discussion about the use of alcohol or drugs and their impact. 

False Reports

Submission of a good faith complaint, concern or report of harassment will not affect the Reporting Party’s or Complainant’s employment, grades, academic standing or work assignments.  However, an individual found to have made a false complaint or to have knowingly and willingly given false information during an investigation, will be subject to disciplinary action up to and including student expulsion or termination of employment. 

Interim measures

After a report is made, 91³Ô¹ÏÍø will provide interim support and reasonable protection against further acts of misconduct, harassment or retaliation as needed, and will provide services and resources to provide a safe environment. For a listing of services and resources see the Campus Resources section of this policy. 

91³Ô¹ÏÍø will determine the necessity and scope of any interim measures pending the completion of the complaint process. All individuals are encouraged to report concerns about failure of another individual to abide by any restrictions imposed by an interim measure.  91³Ô¹ÏÍø will take immediate and responsive action to enforce a previously implemented interim measure. Interim measures are not appealable.

The range of interim measures includes:

• Contact/Communication Directives: The Complainant or Respondent may request, or 91³Ô¹ÏÍø may impose, even if not requested, communication and contact restrictions to prevent further potentially harmful interaction. Any such request shall be made to the investigator. Upon request the investigator assigned to the case will inform the Reporting Party or Respondent of options and will endeavor to accommodate the requested changes if they are reasonably available.  

• Academic, Employment or Living Arrangements: A Complainant or Respondent may request, or 91³Ô¹ÏÍø may impose, even if not requested, a change in academic, employment or living situation after a report of sexual misconduct, harassment or discrimination. Upon request 91³Ô¹ÏÍø will inform the Complainant or Respondent of the options and will endeavor to accommodate the requested changes if they are reasonably available. Interim changes may include: 

Resolution of Complaints:

The Student Development Division has staff designated for resolving student-to-student complaints as well as complaints of harassment or discrimination against a student by an unknown party. Reports where a student is the Respondent will be resolved under the Student Code of Conduct.   

The Equity and Inclusion Office or academic administration is responsible for resolving complaints against a faculty/staff member. Reports where a staff member is the Respondent will be resolved under 91³Ô¹ÏÍø University Policies and Procedures Manual. Reports where a faculty member is the Respondent will be resolved under the Faculty Handbook. 

Parties will be notified in writing of the final outcome of the hearing or other action which concludes the report process. 

C. Harassment and Discrimination of all Other Protected Categories 

A. Purpose

91³Ô¹ÏÍø is committed to providing equal opportunities for all individuals. To do so, 91³Ô¹ÏÍø must maintain an environment free from harassment, discrimination, intimidation and humiliation as expressed by communication, threats, acts of violence, hatred, abuse of authority or ill-will which assaults an individual’s self-worth. Harassment and discrimination interferes with or limits an individual’s or group’s ability to participate in, or benefit from, 91³Ô¹ÏÍø programs, services, activities or amenities. Harassment and discrimination dishonor 91³Ô¹ÏÍø and its members and diminishes the stature of the academic community.  

91³Ô¹ÏÍø will make every reasonable effort to address harassment and discrimination even if the perpetrator has not been identified.

B. Harassment and Diversity Awareness and Education Programs 

91³Ô¹ÏÍø provides a variety of awareness and prevention programs on diversity, harassment and discrimination issues involving race, ethnicity, religion, sexual orientation, gender identification, ability/disability and many other diversity and inclusion topics. Programs are available to all community members including students, faculty and staff.  While a variety of offices provide programming related to these issues, the primary offices to contact in search of existing programming or customized events include: 

• Campus Climate Committee 
• Center for American Indian Studies 
• Disability Access Office  
• Human Resources 
• Intercultural and Multicultural Professionals Affecting Change Together (IMPACT) 
• LGBT Resource Center 
• Unity Multicultural Education Center (UMEC) 

These offices offer established training sessions, programs and events throughout each year.  Staff are also available to design programming for specific groups or situations.    

C. Examples, Definitions, and Prohibited Conduct

Definitions:

• Race, ethnicity, color:  Being a member certain race or having personal characteristics associated with race (such as hair texture, skin color, complexion, or certain facial features).  

• Religion, creed: people who belong to traditional, organized religions and also others who have sincerely held religious, ethical or moral beliefs. 

• National origin: Being from a particular country or part of the world, having a particular ethnicity or accent or appearing to be of a certain ethnic background (even if they are not). 

• Sex, gender:  Being of a certain gender or sex or being connected with an organization or group which is generally associated with people of a certain sex. 

• Marital status: The status of being a member of a legally recognized union or not being part of a legally recognized union. 

• Sexual orientation: a person's sexual identity in relation to the gender to which they are attracted; the fact of being heterosexual, homosexual, or bisexual, or asexual, or pan sexual. 

• Gender identity: person's private sense, and subjective experience, of their own gender. This is generally described as one's private sense of being a man or a woman, consisting primarily of the acceptance of membership into a category of people: male or female. 

• Age: for purposes of this policy, being age 40 or older.  

• Disability: being a person covered by the Americans with Disabilities Act, as amended, or the Rehabilitation Act, as amended, and other federal and state laws as applicable. Generally, “disability” means a physical or mental impairment that substantially limits one or more major life activities. 

• Veteran status: having served in the military or currently serving in the military. 

• Genetic information: when genetic information is used for academic or employment purposes. 

• Retaliation: No officer, employee, or agent of an institution shall retaliate, intimidate, threaten, coerce or otherwise discriminate against any individual for exercising their rights or responsibilities. Those rights/responsibilities include but are not limited to reporting alleged discrimination or harassment, participating in an investigation or encouraging others to make reports. 

Following are examples of behaviors which, if based on any of the protected classes may constitute harassment or discrimination:

• Making demeaning remarks to an individual or group, or in the presence of an individual or group.  This includes name calling, slurs, epithets, jokes and other put-downs which demean a person or group, treat individuals or groups differently because of these protected classes, or create a hostile environment. 
• Displaying, circulating, or placing visual or written material demeaning anyone based on protected category status in a 91³Ô¹ÏÍø living or working area, which results in a hostile or demeaning education, working or living environment. 
• Damaging, defacing, or destroying 91³Ô¹ÏÍø’s property or the property of any individual because of these protected categories. 
• Expressing in words (including “fighting words” likely to provoke an immediate or violent reaction), pictures or symbols commonly understood to convey hatred or contempt. 
• Engaging in acts based on these protected categories that obstruct or attempt to obstruct or seriously impair 91³Ô¹ÏÍø activities on 91³Ô¹ÏÍø property or in other locations where 91³Ô¹ÏÍø-sponsored activities occur. 
• Engaging in demeaning verbal and other expressive behavior in instructional settings. 

Reporting Harassment or Discrimination:

Emergency Reporting:Call 911 if the incident involves a threat to safety, a crime, or if evidence needs to be collected or preserved.  

For Campus Safety and Security assistance call 509-313-2222. A 91³Ô¹ÏÍø security officer or other 91³Ô¹ÏÍø official can assist in an emergency situation. Campus Safety and Security personnel can also assist individuals with filing a police report.

Campus reporting options:

Individuals are encouraged to bring forward concerns or complaints about suspected harassing or discriminatory behavior to any of the following: 

Campus and Local Resources for students:

Where to go for Hate Bias Incidents and Support Services

Services offered 24 hours a day, 365 days a year.

Campus and Local Resources for Employees:

Where to go for hate/bias incidents and support services

Services offered 24 hours a day, 364 days a year.

Coordination with Law Enforcement

Notifying Law Enforcement may result in the Reporting Party, Complainant, and/or Respondent being contacted by a police officer. The police department determines if a criminal investigation will occur and if the case will be referred for prosecution. A case not referred for criminal prosecution may receive a 91³Ô¹ÏÍø response.

An act not criminally prosecuted may violate 91³Ô¹ÏÍø policy. To the extent permitted or required by law, 91³Ô¹ÏÍø will cooperate with outside investigators. 91³Ô¹ÏÍø encourages reporting to both 91³Ô¹ÏÍø and to an outside law enforcement agency, if the alleged gender-based harassment, discrimination, and/or sexual misconduct may also be a crime.

91³Ô¹ÏÍø process and the criminal justice process are two separate and independent courses of action. If an individual wants to file a report with Law Enforcement, a 91³Ô¹ÏÍø professional staff member is available to assist. 91³Ô¹ÏÍø generally will not file a police report on behalf of an individual, unless circumstances warrant. 91³Ô¹ÏÍø’s response to a report is not impacted by the filing of a criminal complaint or by the outcome of the criminal investigation.

False Reports

Submission of a good faith complaint, concern, or report of harassment will not affect the Reporting Party’s or Complainant’s employment, grades, academic standing, or work assignments.  However, an individual found to have made a false complaint or to have knowingly and willingly given false information during an investigation, will be subject to disciplinary action up to and including student expulsion or termination of employment.

Retaliation

It is a violation of 91³Ô¹ÏÍø policy to threaten, intimidate or retaliate in any way against an individual for raising allegations of harassment or discrimination, participating in an investigation, complaint process or hearing, filing a complaint alleging harassment or discrimination, or encouraging others to report. Retaliation includes, but is not limited to, any form of intimidation, reprisal, or harassment.   91³Ô¹ÏÍø will take immediate and responsive action to any retaliation.  Anyone found to have acted in a retaliatory manner may be subject to appropriate disciplinary action up to and including termination of employment.

Procedures for Resolution of Harassment and Discrimination

91³Ô¹ÏÍø is committed to providing all students, staff and faculty with a safe environment in which to live, learn and work. Consistent with this goal, 91³Ô¹ÏÍø will respond promptly and equitably when any incident of harassment or discrimination is alleged against an individual or 91³Ô¹ÏÍø becomes aware of the situation by other reliable means. The first priority is to ensure the safety of all members and then to offer support and services to members of the 91³Ô¹ÏÍø community. 91³Ô¹ÏÍø’s response may take a number of forms within its discretion. Potential responses include offering reasonable protection and services to involved parties, conducting an inquiry or review, conducting an investigation, imposing corrective or restrictive measures, or conducting resolution processes.

Review and Investigation

91³Ô¹ÏÍø will review and respond to all reports of discrimination or harassment. In every case, 91³Ô¹ÏÍø will make an immediate assessment of any risk of harm to individuals or the campus community and will take appropriate steps to address any risks. Following this initial review, 91³Ô¹ÏÍø may take steps to investigate or otherwise determine what occurred. 91³Ô¹ÏÍø will take all reasonable steps to investigate and respond to the report consistent with the Complainant’s request; however, circumstances may exist when 91³Ô¹ÏÍø chooses to move forward with an investigation or resolution or take other appropriate measures without the Reporting Party or Complainant’s consent. 91³Ô¹ÏÍø will investigate the report in a thorough, equitable, and expeditious manner. These investigative steps may include interim measures intended to provide for the safety of individuals and the campus community. 91³Ô¹ÏÍø's overarching goal is to end any discrimination and harassment, to prevent its recurrence and to address its effects.

Generally speaking, 91³Ô¹ÏÍø will attempt to complete the investigation and resolution of all reports within 60 calendar days of receiving a report.

Resolution of Complaints

The Student Development Division has staff designated for resolving student-to-student complaints as well as complaints of harassment or discrimination against a student by an unknown party. Reports where a student is the Respondent will be resolved under the Student Code of Conduct.

The Office of Equity and Inclusion or academic administration is responsible for resolving complaints against a faculty/staff member. Reports where a staff member is the Respondent will be resolved under 91³Ô¹ÏÍø University Policies and Procedures Manual. Reports where a faculty member is the Respondent will be resolved under the Faculty Handbook.

Complaints of harassment or discrimination involving both a student and a faculty/staff member are jointly handled by the Student Development Division, the Office Equity and Inclusion and by appropriate officials within the academic administration.

D. Harassment and Discrimination Complaint Procedures Specific to Staff

91³Ô¹ÏÍø is committed to resolving all complaints of harassment and discrimination, or reports of information, which create a reasonable belief that harassment or discrimination has occurred.  Because of the sensitive nature of most incidents and the emotional and moral complexities involved, effort is made to resolve problems fairly and informally as they arise.  91³Ô¹ÏÍø retains complete discretion as to the terms and conditions upon which matters may be resolved by informal means.

The staff in the Office of Equity and Inclusion within Human Resources or TIXC is available to discuss general concerns or specific complaints about harassment or discrimination, and to answer questions about the various procedures for initiating a complaint. Any member of the campus community may present questions about procedures, seek informal advice, or submit a complaint, either verbally or in writing. Sometimes suggestions may be provided which enable the individual to deal directly with the other party. Other cases may require intervention or administrative action.

Preliminary Inquiry and/or Investigation

A preliminary inquiry and/or investigation is the first step in the resolution process after allegations of harassment or discrimination are reported through proper channels.  Its purposes are to: 1) determine the facts, 2) determine whether a reasonable basis exists for the allegations, 3) advise the complainant (if applicable) of resolution options, and 4) if appropriate after steps 1-3, notify the respondent of allegations and obtain a response.

The Investigator will meet with the complainant to receive full and complete details about the allegations. Once the Investigator has the initial facts of the case, the Investigator will normally meet with the respondent’s immediate supervisor or appropriate administrator to discuss the case and determine the appropriate steps for resolution.  Witnesses may be interviewed as necessary to conduct the preliminary inquiry as determined by the Investigator.  If the Investigator determines that a reasonable basis exists for the allegations, the Investigator will meet with the respondent to explain the allegations and obtain a response.

If the Investigator cannot determine by a preponderance of evidence that the alleged incident(s) occurred, or that it/they did not constitute harassment or discrimination, the Investigator or TIXC will communicate this to the complainant.  Some form of intervention may occur at this point in an attempt to resolve any misperceptions or misunderstandings, or deal with allegations of conduct that may be improper but not harassment or discrimination.  Allegations of misconduct that are serious but not considered harassment or discrimination may be handled through applicable processes outlined in the 91³Ô¹ÏÍø University Policies and Procedures Manual at 91³Ô¹ÏÍø's discretion.

91³Ô¹ÏÍø will conduct a preliminary inquiry in response to all complaints.  Any further action deemed necessary will be determined by the results of the preliminary inquiry.

Intervention

At the conclusion of an inquiry and/or investigation, intervention may occur with or without a finding of policy violation. Intervention entails a variety of actions 91³Ô¹ÏÍø may take to resolve the situation so as to mitigate the need for administrative action.  However, 91³Ô¹ÏÍø will take administrative action without the step of intervention if the seriousness of the situation or other circumstances warrants such.

Intervention does not involve discipline, or require a specific finding that the harassment and discrimination policy has been violated.  Each case will be evaluated on its own merits. 91³Ô¹ÏÍø will consider such factors as the seriousness of the allegations, the number of complainant(s) involved, the length of time the alleged conduct has occurred, and the effect of the alleged conduct on the complainant. If necessary, a more extensive inquiry may be undertaken to determine these factors.

Intervention may include one or more of the following, which are used at 91³Ô¹ÏÍø's discretion:

• Informal and/or formal discussions with the parties to request behavior changes (normally informal discussions will be used only to resolve a first complaint against an employee) 
  Education
• Offer of apology to the complainant or those affected by the behavior
• Formal mediation by a professional (mediation is not used to resolve incidents of sexual assault)
• Leave of absence, transfer, resignation
• Other measures deemed appropriate for the situation

91³Ô¹ÏÍø has the sole discretion and authority to take whatever actions it deems necessary to resolve the situation. If, after the step of intervention, a satisfactory resolution cannot be reached or if additional complaints, concerns or information are received and corroborated, 91³Ô¹ÏÍø may take administrative action against a respondent. 

Administrative Action

If the Office of Equity and Inclusion, or TIXC, determines by a preponderance of the evidence that a violation of policy occurred, then administrative action may be taken. Administrative action may involve Performance Notice, Corrective Action Plan (CAP), Letter of Expectation (LOE), suspension, demotion or termination of employment after a respondent has been found to have violated this policy. These steps may be taken without the step of intervention if the seriousness of the situation or other circumstances warrants such. They may also be taken after intervention has not resolved the problem to 91³Ô¹ÏÍø’s satisfaction or additional allegations are made and corroborated. 

Records