Yes. Conduct that previously constituted a violation of 91³Ô¹ÏÍø policy related to sexual harassment including sexual assault, stalking, and dating and domestic will continue to constituted a policy violation. However, such conduct may be adjudicated differently depending upon whether it falls under the jurisdiction of the Title IX Sexual Harassment Policy of the Harassment and Discrimination Policy.
No. If you are a 91³Ô¹ÏÍø Student, staff or faculty and have experienced Sexual Harassment as defined by either the Title IX Sexual Harassment policy or the Harassment and Non-Discrimination Policy, but are not sure whether or not you are ready or willing to file a formal complaint, you may still work with the Title IX Coordinator to gain a better understanding of your support and reporting options, or request reasonable interim support measures to help you maintain access to your educational program or activity.
The Title IX Sexual Harassment grievance process is based on definitions and procedural due process protections set forth in Federal Regulations from the U.S. Department of Education under Title IX, and scope and jurisdiction of the policy is limited by those regulations to the following:
- Conduct that occurs within the United States; and
- Conduct that occurs within the College’s educational program or activity.
When those two parameters are met, the policy applies to allegations of Sexual Assault or Sexual Harassment that is so severe, pervasive and objectively offensive that it effectively denies a person equal access to their educational program or activity. In addition to Sexual Assault, this may include conduct such as Quid Pro Quo Sexual Harassment, Domestic Violence, Dating Violence and Stalking. For example, the following types of allegations would likely fall under the Title IX Sexual Harassment grievance process:
- Student A files a formal complaint alleging that Student B sexually assault them in an on-campus residential hall.
- Student A files a formal complaint alleging that Student B engaged in dating violence outside of the Hemmingson Center.
- Student A files a formal complaint alleging that Faculty Member B engaged in severe, pervasive and objectively offensive sexual harassment in class.
- Student A files a formal complaint alleging that Faculty Member B engaged in Quid Pro Quo Sexual Harassment during a field work assignment in Florida.
The Harassment and Discrimination Policy and Process applies to allegations of Sexual Harassment, Sexual Assault, Dating Violence, Domestic Violence, Sexual Exploitation and Stalking which do not fall within the parameters set forth within the Federal Rules. As such, the Sexual Misconduct Process may apply to:
- Conduct which occurs off campus, but outside of a 91³Ô¹ÏÍø Program or Activity; or
- Conduct that occurs outside of the United States when the conduct is associated with a 91³Ô¹ÏÍø – sponsored program or activity, such as study abroad, travel, research, or internship programs; or
- Conduct that involves the use of the 91³Ô¹ÏÍø’s computing and network resources from a remote location, including but not limited to accessing email accounts.
For example, depending on the circumstances, the following types of allegations would likely fall under the Harassment and Discrimination Policy and process:
- Student A alleges that Student B sexually assaulted them in an off-campus apartment.
- Student A alleges that Student B sexually assaulted them while attending a study abroad program in Japan.
- Student A alleges that Student B engaged in dating violence at a restaurant on York.
- Student A alleges that Faculty Member B engaged in quid pro quo sexual harassment of them at an academic conference in Italy.
- Student A alleges that Student B engaged in sexual exploitation of them.
Many aspects of the two processes are very similar, including the initial assessment, the investigation, sanction determination, and appeal. There are some key differences, however, including:
- During a Title IX Sexual Harassment hearing, parties’ advisors can cross-examine (directly question) the other party and witnesses, provided that the questions are deemed relevant. In contrast, during a Student Code of Conduct Hearing for example, parties may not be able to directly cross examine the other party or witnesses, but may submit written questions to the panel to be observed.
- In the Title IX Sexual Harassment process, if parties or witnesses do not attend the hearing or they decline to be cross-examined, any information/evidence that they have provided cannot be used/considered in the adjudication. The Harassment and Discrimination process does not include this evidentiary limitation.
- Another main difference is that the Title IX Sexual Harassment Policy and Process is the same for students, staff and faculty for all major stages of the process. However, under the Harassment and Non-Discrimination Policy Processes, the investigation will be the same, however, the case will be adjudicated dependent upon the status of the respondent. For example, under the Harassment and Non-Discrimination Policy,
- the adjudication for Students will be under the Student Code of Conduct;
- the adjudication for staff will be under University Policy and Procedure Manual; and
- the adjudication for faculty will be under the Faculty Handbook.
If you are a complainant who is interested in learning more about potential support or reporting options, we encourage you to contact the Title IX Coordinator (kelleyr2@gonzaga.edu). If you were interested in pursuing further options, you would be asked to file a formal complaint, at which point an initial assessment would be conducted by the Title IX Coordinator in order to determine which policy most appropriately applies to the alleged conduct.