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Sexual Misconduct & Title IX Responsibilities
Standards of Conduct
|EWU Policy 402-01||Authority: EWU Board of Trustees|
|Effective: December 7, 2018||Proponent: President’s Office|
Purpose: This policy describes university standards for sexual misconduct, sexual harassment, non-consensual sexual activity, intimate partner violence, stalking, and retaliation involving members of the university community. It also establishes procedures for handling related complaints or incidents of policy violations.
History: This policy revises EWU Policy 402-01, dated February 24, 2017 and was approved by the board of trustees on December 7, 2018.
Applicability: This policy applies to all members of the university community, including employees, students, visitors, volunteers, or contractors.
CHAPTER 1– INTRODUCTION
Eastern Washington University will not tolerate any form of sexual misconduct, sexual harassment, non-consensual sexual activity, intimate partner violence, stalking or retaliation (hereinafter “sexual misconduct”) and will take appropriate action against a university employee, student, visitor, volunteer, or contractor who violates any part of this policy. Enforcement of this policy is subject to constitutional protections related to freedom of speech, association, and the press.
As a public institution of higher education, the university has a special responsibility to create and maintain an academic environment that promotes freedom of inquiry and expression while protecting the rights, opportunities, and welfare of employees, students, visitors, volunteers, and contractors.
The goal of this policy is to promote an environment that is free of sexual misconduct. In accordance with, and to the extent prohibited by, Title IX of the Education Amendments of 1972, EWU does not exclude individuals from participating in, deny benefits to, or discriminate against individuals on the basis of sex in any university program or activity. Sexual misconduct, as defined below, is a form of sex discrimination.
To facilitate this goal, the university retains authority to discipline or take other appropriate action for any conduct that is deemed unacceptable or inappropriate, regardless of whether the conduct rises to the level of unlawful sexual misconduct.
All persons, including students, employees, visitors, volunteers, and contractors are required to comply with this policy while on campus or participating in university programs. EWU students and employees are also required to comply with this policy while conducting university business, participating in university activities, or using university resources. Students and employees are also responsible for violations of this policy off-campus when the conduct in question has an impact on the person’s duties or responsibilities as a university student or employee.
- Complainant. The person who has been subjected to sexual misconduct or interpersonal violence. If the person who was subjected to the alleged misconduct is not willing to file a complaint, EWU may still determine it needs to pursue the complaint. In such circumstances, the term “Complainant” may refer to both the person subjected to the conduct and EWU.
- Intimate Partner Violence. See definition in section 4-4 below.
- Investigator. Person designated by the university to review and, if appropriate, investigate allegations of violations of this policy.
- Non-Consensual Sexual Activity. See definition in section 4-2 below.
- Respondent. A person who is alleged to have violated this policy.
- Retaliation. See definition in section 4-6 below.
- Sexual Harassment. See definition in section 4-1 below.
- Sexual Misconduct. See definition in chapter 4 below.
- Stalking. See definition in section 4-5 below.
CHAPTER 2 – REPORTING
Individuals who believe they have been subjected to sexual misconduct are encouraged to report such incidents to the university and seek advice and assistance as soon as possible.
Incidents may be reported to one of the reporting options listed below. These entities also serve as resources for advice and assistance. Individuals may pursue a complaint through the university investigatory and disciplinary process by notifying the Title IX Coordinator. Individuals also have the option of pursuing a criminal complaint by contacting the university police or local law enforcement. Complainants may pursue both a criminal complaint and an administrative complaint consecutively or concurrently.
Except for licensed professionals at Counseling and Psychological Services (CAPS) and complainants, all university employees who become aware of an incident or complaint that may be a violation of this policy involving a student, employee, visitor, volunteer, or contractor must report it to the Title IX Coordinator within 24 hours of becoming aware of the matter.
Employees must report complaints regardless of the person reporting the incident’s desire for the matter to remain confidential and regardless of whether a report is made with campus or local law enforcement. Mandatory reporting is not required when a person discloses sexual misconduct during a public awareness event, such as “Take Back the Night.” Employees who are uncertain as to whether or not a disclosure is subject to mandatory reporting should contact the Title IX Coordinator.
Mandatory reporting helps the university to respond effectively and prevent a hostile educational and work environment. However, EWU has not designated all employees as officials who have authority to institute corrective measures on behalf of the university.
2-1. Reporting Options
1. Report Online
a. All types of reports may be made via e-mail to: email@example.com
b. Reports of violations of this policy by students may be made online at: https://cm.maxient.com/reportingform.php?EasternWashingtonUniv
2. Report via telephone or in-person
Title IX Coordinator
211 Tawanka Hall
3. Report to Law Enforcement
Emergency: Dial 911
Office: (509) 359-6300
215 “G” Street
Emergency: Dial 911
Crime Check: (509) 535-9233
4. Anonymous Reporting
Individuals who have been subjected to sexual misconduct have the option to report anonymously. However, anonymous reports may affect or prevent EWU from conducting an investigation. Confidentiality may be requested but may not always be possible based on the circumstances of a particular case. Confidentiality is addressed below in section 5-2.
The following are anonymous reporting options:
University Police Anonymous TIP LINE at 509-359-4286
University Police Confidential Reporting Form. Online form may be completed at: https://sites.ewu.edu/police/report-a-crime/
Student Concern / Incident Report Form (May Remain Anonymous). Online form may be completed at: https://cm.maxient.com/reportingform.php?EasternWashingtonUniv
2-2. Confidential Resources
Students may also seek advice and assistance on a confidential basis from Counseling and Psychological Services (CAPS) – (509) 359-2366 For a list of additional confidential resources for students and employees, please see chapter 6 below.
2-3. Reporting Deadlines
Mandatory reporters are required to report within 24 hours of becoming aware of an incident.
All individuals are encouraged to report as soon as possible.
2-4. Good Faith
Complaints must be made in good faith. Knowingly making a false or frivolous allegation may be considered an act of misconduct.
2-5. Amnesty for Certain Student Conduct Charges
The university encourages students to report incidents of sexual misconduct without fear of consequences for having possessed or consumed alcohol and/or drugs at the time of the incident. The university’s primary concern is to address student safety, discrimination, and sexual misconduct. The university does not condone drinking, use of illegal drugs, or other violations of law or university policy; however, the university generally will not pursue Student Conduct Code allegations against a complainant for alcohol or drug use and/or possession at the time of the reported sexual misconduct. This amnesty does not extend to other potential violations of the Student Conduct Code. This limited amnesty is applicable only to university Student Conduct Code proceedings and is at the university’s discretion.
CHAPTER 3 – RESPONSIBILITIES
3-1. University President
The university president is responsible for overall compliance with Title IX and other nondiscrimination laws. The president will ensure development and implementation of university policies and programs to comply with these laws. The president will promote those programs and policies and monitor university compliance. The president delegates to the associate vice president for civil rights, compliance and enterprise risk management the responsibility for promoting and monitoring the university’s compliance with federal and state nondiscrimination laws and supervising the Title IX Coordinator. The associate vice president is responsible for responding to any external investigations by the Human Rights Commission, Equal Employment Opportunity Commission, and/or Office of Civil Rights.
3-2. Title IX Coordinator
1. Contact Information
Title IX Coordinator
211 Tawanka Hall
The Title IX Coordinator will ensure all complaints of sexual misconduct are investigated in a prompt, thorough, and impartial manner. In the absence of extenuating circumstances, a sexual misconduct investigation should be completed within 90 days from the date the complaint is received by the university. Investigations involving employees will be handled in accordance with EWU Policy 402-04, Investigations of Employees for Sexual Harassment & Sexual & Interpersonal Violence. Investigations involving students will be handled in accordance with the Student Conduct Code, Chapter 172-121 WAC.
3. Monitoring & Training
The Title IX Coordinator shall maintain a register of the number and types of sexual misconduct complaints received, the results of any investigations, interim measures taken, and the resolutions of student and employee conduct. This register will include reports of domestic and dating violence when there is a gender component to the complaint.
The Title IX Coordinator will periodically review incident details and university responses for consistency and sufficiency – and to assess whether the university is meeting its goal to promote a safe learning and working environment free from discrimination and harassment, including preventing future recurrence of such conduct and addressing the effects of such conduct on the university learning and work environments. The Title IX Coordinator will provide training on Title IX and all types of conduct prohibited by this policy.
The Title IX Coordinator shall report the data and findings to the university president at least once per academic quarter. Each year the Title IX Coordinator will meet with the University President regarding Title IX compliance.
3-3. Deputy Title IX Coordinators
In consultation with the Title IX Coordinator, the Deputy Title IX Coordinators shall ensure appropriate actions are taken to comply with Title IX matters involving their areas of assignment. The university president may appoint Deputy Title IX Coordinators as needed.
3-4. Supervisors and Faculty
Supervisors and faculty members play a key role in both preventing and responding to discriminatory acts or behaviors.
- Prevention: Prevention is the best method for eliminating discrimination and harassment in the workplace. Supervisors and faculty members can help prevent discrimination and harassment by modeling appropriate behaviors and by arranging discrimination prevention training when necessary.
- Response: When supervisors and faculty members become aware of incidents of discrimination and/or harassment, they will take appropriate action based on the situation. In all cases, the supervisor or faculty member will report the incident or behavior to appropriate authorities.
- Faculty members have the additional responsibility to monitor student activities in the classroom and to take appropriate action when discriminatory or harassing behaviors or incidents occur.
- Supervisors and faculty who are, or should be, aware of discriminatory practices or harassment within their department, area, or classroom will be held responsible for their actions in response to such circumstances. In determining such responsibility, the supervisor’s or faculty member’s extent of control over the circumstances and any corrective actions they have taken will be considered.
3-5. Dean of Students; Title IX Coordinator; University Police
Complainants of sexual misconduct must be provided with certain notifications and procedural protections in accordance with the requirements of the Clery Act. The Dean of Student’s Office, Title IX Coordinator, and University Police will coordinate to ensure notifications and protections are provided to students and employees.
Additional information about the procedural protections, training, and resources for complainants is contained in EWU Policy 402-04, Investigations of Employees for Sexual Harassment, Sexual Misconduct, & Sexual & Interpersonal Violence, EWU Policy 603-01, Campus Safety, Security & Crime Prevention, and the EWU Student Conduct Code, Chapter 172-121 WAC.
The University Police are responsible for providing training to the campus community and resources for complainants for the aspects of this policy that also constitute criminal conduct, including acts of sexual and interpersonal violence, as detailed in EWU Policy 603-01, Campus Safety, Security and Crime Prevention.
CHAPTER 4 – SEXUAL MISCONDUCT
All university students, employees, visitors, volunteers and contractors are prohibited from engaging in any form of sexual misconduct. “Sexual misconduct” includes sexual harassment, domestic violence, dating violence, and stalking, as defined below. Gender-based harassment is covered by EWU Policy 402-02 (Diversity & Nondiscrimination).
4-1. Sexual Harassment
Sexual harassment is a form of discrimination and violates this policy.
Sexual harassment is defined by the Department of Education’s Office of Civil Rights as unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature, including sexual assault.
Sexual harassment, including sexual assault, can involve persons of the same or opposite sex.
Consistent with state and federal law, this policy prohibits two types of sexual harassment:
- Tangible Employment or Educational Action
A person with authority over the student or employee explicitly or implicitly conditions a term or condition of the student or employee’s education or employment on the complainant’s submission to unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature. This includes instances where submission to or rejection of such sexual conduct by a complainant is used as the basis for educational or employment decisions affecting the complainant. In determining whether such harassment exists, it is immaterial whether the complainant resists and suffers the threatened harm or submits and thus avoids the threatened harm.
- Hostile Environment
Sexual harassment may create a hostile environment when it is so severe or pervasive, and objectively offense that:
a. It substantially interferes with another’s ability to work, study, participate in, or benefit from the university’s programs or activities; or,
b. The conduct has the purpose or effect of unreasonably interfering with another individual’s work performance or creating an intimidating, hostile, or offensive working environment. This alternative only applies in the context of employment.
4-2. Non-Consensual Sexual Activity
Non-consensual sexual activity is sexual contact or sexual intercourse without consent and violates this policy.
1. Non-consensual sexual contact: Intentional contact with a person’s intimate body parts without the person’s consent. Intimate body parts are defined as but not limited to breasts, genitalia, thighs, and buttocks.
2. Non-consensual sexual intercourse
Penetration, no matter how slight, of the vagina, or anus, with any body part or object, without consent; or, oral penetration by a sex organ of another person without consent.
Consent means actual words or conduct indicating freely given agreement to the sexual activity. Consent cannot be inferred from silence, passivity, or lack of active resistance. There is no consent where there is a threat of force of violence or any other form of coercion or intimidation, physical or psychological.
Sexual activity is nonconsensual when one person is incapable of consent by reason of mental capacity, drug or alcohol use, illness, unconsciousness, or physical condition.
4. Incapacitation due to drugs or alcohol
If an individual is “incapacitated” due to drugs or alcohol, they are unable to consent to sexual activity. Incapacitation due to drugs or alcohol refers to an individual who is in a state of intoxication such that the individual is incapable of making rational, reasonable decisions because the person lacks the capacity to give knowing consent.
4-3. Other Forms of Sexual Misconduct
Other forms of sexual misconduct include, but are not limited to, indecent liberties, indecent exposure, sexual exhibitionism, sex-based cyber-harassment, prostitution or the solicitation of a prostitute, peeping or other voyeurism, or going beyond the boundaries of consent, such as by allowing others to view consensual sex or the non-consensual recording of sexual activity. These types of sexual misconduct violate this policy.
4-4. Intimate Partner Violence
Intimate partner violence violates this policy. Intimate partner violence includes:
1. Domestic violence: means: (a) physical harm, bodily injury, assault, or the infliction of fear of imminent physical harm, bodily injury or assault, between family or household members; (b) sexual assault of one family or household member by another; or (c) stalking of one family or household member by another family or household member.
2. Dating violence is a type of domestic violence, except the acts specified above are committed by a person who is or has been in a social relationship of a romantic or intimate nature with the complainant. In determining whether such a relationship exists, the following factors are considered: (a) the length of time the relationship has existed; (b) the nature of the relationship; and (c) the frequency of interaction between the parties involved in the relationship.
4-5. Stalking is engaging in a course of conduct directed at a specific person that would cause a reasonable person to (a) fear for their health and/or safety or the health/safety of others; or (b) suffer substantial emotional distress.
Any actual or threatened retaliation or any act of intimidation intended to prevent or otherwise obstruct the reporting, investigation, or enforcement of a complaint under this chapter is prohibited. Such retaliatory acts will be treated as a separate violation of this chapter.
CHAPTER 5 – INVESTIGATIONS AND RESOLUTIONS
The process for reporting discrimination complaints is set forth above in chapter 2. This section outlines the process for handling such complaints.
5-1. Initial Notifications
Upon receipt of a complaint under this chapter, the Title IX Coordinator or designee shall determine the appropriate process for handling the complaint.
1. Complainant: The Title IX Coordinator or designee will reach out to the complainant to gather more information and notify the complainant of their rights under Title IX and university policy. This shall include, but is not limited to:
a. The complainant’s rights and options, including options to avoid contact with the respondent, available resources to assist the complainant, and possible protective measures he or she can take;
b. Procedures to follow to preserve evidence of the alleged incident and seek medical treatment;
c. Who will receive a report of the complaint;
d. His or her right to file a criminal complaint and the ability to be assisted by campus authorities in notifying law enforcement authorities if the complainant wishes to do so;
e. A list of resources for obtaining protective, no contact, restraining, or similar orders, if applicable;
f. A list of existing on and off campus counseling, health, mental health, victim advocacy, legal assistance, visa and immigration assistance, student financial aid, and other academic and housing services at the university and in the community
g. The procedures the university will follow when determining if discipline is appropriate;
h. Steps the university will take to ensure confidentiality and limits this may place on the university’s ability to investigate and respond, as set forth above;
i. A list of options and resources available to assist the complainant regarding academic, living, transportation and working situations, leave options, or other protective measures; and,
j. Information regarding the university’s policy against retaliation and how the complainant should report retaliation or new incidents.
2. Respondent: The Title IX Coordinator or designee will reach out to the respondent to notify the respondent of the allegations. The respondent shall be informed of his/her rights during the investigative and discipline processes, as well as the university’s policy against retaliation. The respondent will also be informed of the availability of interim measures, existing on and off campus counseling, mental health, or other services for respondents. Additional notifications may be required under the Student Conduct Code or EWU Policy 402-04 (Investigations of Employees for Sexual Harassment & Sexual & Interpersonal Violence).
The university is obligated to investigate complaints under this chapter in a prompt, thorough, and impartial manner. In the absence of extenuating circumstances, all investigations should be completed within 90 days from the date the complaint is received by the university. Investigators must be adequately trained on an annual basis on issues of sexual misconduct and how to conduct an investigation that protects the safety of complainants and promotes accountability.
An investigation will be conducted regardless of whether law enforcement is also conducting an investigation, as the university has an independent obligation to conduct such an investigation under Title IX regardless of any law enforcement investigations. Any pending or ongoing investigation by the university will not be suspended or terminated if a person also files a complaint with an agency identified in chapter 6, unless it would interfere with a criminal investigation.
Regardless of the type of investigation conducted, the university must determine whether it is more likely than not that a violation of this chapter occurred.
1. Investigative process when the respondent is a student.
Complaints of sexual misconduct by a student are handled by the Dean of Students’ Office in accordance with the Student Conduct Code, WAC 172-121. If a student has status as both a student and as an employee, the student may be subject to investigation and discipline under both the Student Conduct Code and University policies governing employees. Sanctions for a violation of the Student Conduct Code may include an admonition, warning, censure, disciplinary probation, restitution, fines, discretionary sanctions, loss of institutional, financial aid funds, assessment, suspension, expulsion, or revocation of degree. ). The results of such investigations and proceedings shall be reported to the Title IX Coordinator within 30 days of the final action.
2. Investigative process when the respondent is a university employee. Complaints of a violation of this policy that involve university employees, including students acting in their capacities as employees, will be referred to the Title IX Coordinator or designee for investigation in accordance with EWU Policy 402-04, Investigations of Employees for Sexual Harassment & Sexual & Interpersonal Violence. The disciplinary process for such complaints is also set forth in EWU Policy 402-04 and applicable collective bargaining agreements. An employee who is found responsible for engaging in sexual misconduct may be subject to corrective/constructive action or discipline, including letters of expectation, letters of coaching and counseling, performance improvement plans, verbal or written reprimand/warning, temporary suspension, demotion, reassignment, mandatory training, and/or termination. The results of such investigations and processes shall be reported to the Title IX Coordinator within 30 days of the final action.
If an employee is also a student, the final investigative report will be forwarded to the Dean of Students’ Office to determine whether additional action is warranted under the Student Conduct Code.
3. Investigative process when the respondent is not a university student or employee. The university is obligated to investigate all violations of this policy, to the extent possible, occurring on campus or off-campus when such conduct may create a hostile environment on campus.
4. Confidentiality. All complaints received by non-confidential employees at the university must be reviewed and the university may have an obligation to investigate such complaints. To facilitate the investigative process and protect the privacy of those involved, all information will be maintained in a confidential manner to the fullest extent permissible by law. During an investigation, complaint information will be disseminated only on a need-to-know basis. If the complainant wishes to remain anonymous, the university will take all reasonable steps to investigate the allegation without disclosing the name of the complainant to the extent allowed by state and federal law and contractual obligations. If the complainant wishes to remain anonymous, the university shall inform him or her that its ability to investigate and respond to the allegation will be limited and that any type of retaliation is prohibited. The university will notify the complainant of the steps it will take to prevent and respond to any retaliation to help alleviate the complainant’s concerns. However, the university cannot ensure confidentiality, as its legal and contractual obligations may require disclosure of the complainant’s name. Reports of crimes to the campus community shall not include the names of the complainants. Files subject to public disclosure will be released to the extent required by law.
5-3. Interim Measures
Upon receipt of a complaint under this chapter, the university may determine whether immediate, interim measures are necessary to protect the complainant, witness or respondent prior to completion of the investigation and resolution of the complaint. Interim measures may include, but are not limited to, implementing a non-contact directive between complainant and respondent, separating the respondent from the complainant, adjusting academic or workplace schedules, placing an employee on administrative leave, assistance with moving student housing locations, development of safety plans, providing counseling, and/or placing a student on interim restriction. EWU will make accommodations and provide protective measures if a party requests such measures and they are reasonably available, regardless of whether an incident is reported to law enforcement. If the university makes a preliminary determination that conduct in violation of this chapter has created a hostile work or learning environment, the university will take immediate action to stop the harassment, prevent its recurrence, and address its affects.
5-4. Internal Complaints of Failure to Comply with Title IX
Any person who believes the university has failed to comply with Title IX requirements may file a complaint with the Title IX Coordinator or the Associate Vice President for Civil Rights, Compliance & Enterprise Risk Management (211 Tawanka; (509 359-6724). The Title IX Coordinator or, in the case of a possible conflict of interest, the associate vice president or designee, shall inquire into how the university handled the situation and whether or not the university complied with Title IX. A person may also file an external complaint under chapter 6.
5-5. Notification- Grants & Research
If the respondent in an investigation conducted under this policy is the principal investigator or co-principal investigator for research conducted as part of a federal grant or contract, such as an award by the National Science Foundation, the University is obligated to follow federal regulations and terms and conditions of the award regarding notification of the federal agency. The Executive Director of Grants and Research is responsible for notifying the awarding agency if a principal investigator or co-principal investigator is found responsible for sexual harassment, harassment, or sexual assault, if such person is placed on administrative leave or restricted duties for such reasons, or if the person is convicted of a sexual offense in court. The notice provided to the federal awarding agency will not include any personally identifiable information of the complainant or other individuals involved in the matter other than the respondent.
CHAPTER 6 – EXTERNAL COMPLAINTS
Individuals have a right to file complaints alleging discrimination, harassment, or retaliation with state or federal agencies within the agencies’ prescribed time periods. State and federal agencies have their own processes for responding to and processing such complaints. Filing a complaint with a state or federal agency listed below may be done in lieu of or in addition to the university’s complaint process.
Equal Employment Opportunity Commission
909 First Avenue, Suite 400
Seattle, WA 98104
Phone: (800) 669-4000
TTY: (800) 669-6820
Office of Federal Contract Compliance
90 7th Street, Suite #18-300
San Francisco, CA 94103
U.S. Department of Labor
Wage and Hour Division
300 Fifth Avenue, Suite 1130
Department of Education, Office for Civil Rights
915 Second Avenue, Room 3310
Seattle, WA 98174
Washington State Human Rights Commission
1330 N, Washington St., Suite 2460
Spokane, WA 99201
CHAPTER 7 – RESOURCES AND REFERENCES
The following resources may be helpful if you have concerns involving sexual misconduct.
6-1. Non-Confidential Campus Resources
Associate Dean of Students
301 Pence Union Building (509) 359-7924
Dean of Students
301 Pence Union Building (509) 359-7924
Student Rights and Responsibilities 301 Pence Union Building
Student Support & Advocacy Manager 301 Pence Union Building
Title IX Coordinator 211 Tawanka Hall
University Police Red Barn
Emergency: Dial 911
Office: (509) 359-6300
6-2. Confidential Resources
Counseling and Psychological Services (CAPS) – (509) 359-2366
Washington State Employee Assistance Program – (877) 313-4455
YWCA Alternatives to Domestic Violence- 24 hour crisis line
Lutheran Community Services, Sexual Assault & Family Trauma Response Center;
Suicide and Mental Health – 24 hour – (509) 838-4428
YWCA Alternatives to Domestic Violence- 24 hour crisis line – (509) 326-2255
Lutheran Community Services, Sexual Assault & Family Trauma Response Center; (509) 747-8224
Suicide and Mental Health – 24 hour – (509) 838-4428
- EWU Policy 402-04, Investigations of Employees for Sexual Harassment, Sexual & Interpersonal Violence
- EWU Policy 403-05, Employee Leave Related to Domestic Violence, Sexual Assault & Stalking
- EWU Policy 603-01, Campus Safety, Security & Crime Prevention\
- EWU Policy 402-02, Diversity & Nondiscrimination
- Titles VI and VII of the Civil Rights Act of 1964
- Title IX of the Education Amendments of 1972
- The Civil Rights Act of 1991
- Student Conduct Code, WAC 172-121
- Washington State Laws on Discrimination, RCW 49.60
- Collective Bargaining Agreements
- Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act