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PREVENTING AND RESPONDING TO SEX DISCRIMINATION, INCLUDING SEXUAL MISCONDUCT (POL-U1600.04)
This policy applies to all students, employees, agents, groups, third parties, individuals, and organizations that use University facilities and persons who participate in University programs and activities to the extent provided by law, regardless of sexual orientation or gender identity. This policy applies to all Western locations (i.e., main campus, satellite locations, Lakewood); locations where Western activities are taking place (i.e., field trips, away sporting events); Western sponsored transportation (i.e., buses to off-campus events); and off-campus non-Western sponsored events where the off-campus behavior creates a negative adverse impact back on campus.
Authority:
Title VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Chapter 49.60 RCW, and the Violence Against Women Reauthorization Act of 2013 [Campus Sexual Violence Elimination (SaVE) Act Provision].
Preamble:
Western prohibits sex discrimination, which includes sexual misconduct. Sexual harassment, gender harassment, and sexual violence are forms of sexual misconduct. Western is committed to preventing, addressing, and responding to sex discrimination. Sex discrimination, on or off campus, can have a serious impact on the quality of the educational and/or work experience. All students and employees have a right to work and educational environments free from sex discrimination. Therefore, Western adopts policies and programs aimed at preventing and responding to sex discrimination and prohibits retaliation against individuals who file or participate in sex discrimination complaints, as outlined in Title IX and Title VII. Western has numerous reporting options and resources for survivors of sexual misconduct, some of which are confidential and some of which have limited confidentiality as discussed below in Paragraph 2.
Definitions:
Sex Discrimination - Disparate treatment or disparate impact based on an individual’s sex. This includes sexual misconduct in all its forms — sexual harassment, gender based harassment, and sexual violence, as well as other discrimination that treats or impacts people disparately on the basis of sex, gender, or gender identity.
Sexual Misconduct - An umbrella term for the following types of sex discrimination — sexual harassment, gender-based harassment, and sexual violence.
Sexual Harassment - Unwelcome conduct of a sexual nature. This includes unwelcome sexual advances or requests for sexual favors, or other unwelcomed verbal, physical, or cyber conduct of a sexual nature and can involve persons of the same or different sexes or sexual orientations. Sexual harassment also includes sexual violence, sexual assault, rape, domestic violence, stalking, sexual misconduct, and dating violence.
Consistent with the law, this policy prohibits two types of sexual harassment:
A. Quid Pro Quo: Sexual harassment that has a tangible educational or employment impact. This type of sexual harassment occurs when the terms or conditions of employment, educational benefits, academic grades or opportunities, living environment or participation in a University activity is conditioned upon, either explicitly or implicitly, submission to or rejection of unwelcome sexual advances or requests for sexual favors, or such submission or rejection is a factor in decisions affecting that individual’s employment, education, living environment, or participation in a University program or activity. Generally, perpetrators will be agents or employees with some authority from the University.
B. Hostile Environment Sexual Harassment:
Hostile environment harassment is sufficiently serious (i.e., severe, pervasive, or persistent) and objectively offensive so as to deny or limit a person’s ability to participate in or benefit from the University’s programs, services, opportunities, or activities; or when such conduct has the purpose or effect of unreasonably interfering with an individual’s employment or education. Harassment that creates a hostile environment (“hostile environment harassment”) violates this policy. A hostile environment can be created by anyone involved in a University program or activity (e.g., administrators, faculty members, students, and even campus guests). Mere offensiveness is not enough to create a hostile environment. Although repeated incidents increase the likelihood that harassment has created a hostile environment, a serious incident, such as a sexual assault, even if isolated, can be sufficient.
Gender-Based Harassment - Non-sexual harassment of a person because of the person’s sex and/or gender and/or gender identity, including but not limited to harassment based on the person’s non-conformity with gender and gender identity stereotypes.
Sexual Violence - Physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent (for example, due to the student’s age or use of drugs or alcohol, or because an intellectual or other disability prevents the individual from having the capacity to give consent). A number of different acts fall into the category of sexual violence, including rape, sexual assault, non-consensual sexual contact, non-consensual sexual intercourse, sexual exploitation, sexual battery, sexual abuse, and sexual coercion. Sexual violence can be carried out by employees, other students, or third parties. All such acts of sexual violence are forms of prohibited sex discrimination.
- Sexual Assault - Any actual or attempted sexual contact or behavior with another person without that person’s consent. (WA RCW 7.90.150 (6a) a sex offense as defined in RCW 9.94A.030, any violation of RCW 9A.44.096, or any violation of RCW 9.68A.090, or any gross misdemeanor that is, under chapter 9A.28 RCW, a criminal attempt, criminal solicitation, or criminal conspiracy to commit an offense that is classified as a sex offense under RCW 9.94A.030.)
- Domestic Violence - (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 as defined in RCW 9A.46.110 of one family or household member by another family or household member. (RCW 26.50.010)
- Dating Violence - Violence committed by a person:
1. Who is or has been in a social relationship of a romantic or intimate nature with the victim; and
2. Where the existence of such a relationship shall be determined based on a consideration of the following factors:
a. the length of the relationship
b. the type of relationship
c. the frequency of interaction between the persons involved in the relationship
- Stalking - A person commits the crime of stalking if, without lawful authority and under circumstances not amounting to a felony attempt of another crime:
1. He or she intentionally and repeatedly harasses or repeatedly follows another person; and
2. The person being harassed or followed is placed in fear that the stalker intends to injure the person, another person, or property of the person or of another person. The feeling of fear must be one that a reasonable person in the same situation would experience under all the circumstances; and
3. The stalker either:
a. Intends to frighten, intimidate, or harass the person; or
b. Knows or reasonably should know that the person is afraid, intimidated, or harassed even if the stalker did not intend to place the person in fear or intimidate or harass the person.
(See RCW 9A.46.110)
Consent - Consent is a voluntary agreement to engage in sexual activity. Consent is informed, freely given, and mutual. If coercion, intimidation, threats, or physical force are used there is no consent.
- If a person is mentally or physically incapacitated or impaired so that such person cannot understand the fact, nature or extent of the sexual situation, there is no consent. This includes impairment or incapacitation due to alcohol or drug consumption, or being asleep or unconscious or because of an intellectual or other disability that prevents the person from having the capacity to give consent.
- There is no consent where there is force, expressed or implied, or use of duress or deception.
- Coercion, force, or threat of either invalidates consent.
- Silence or an absence of resistance does not imply consent.
- Consent to engage in sexual activity with one person does not imply consent to engage in sexual activity with another person.
- Consent can be withdrawn at any time.
- Past consent to sexual activities does not imply ongoing future consent.
Family or Household Members - Spouses, domestic partners, former spouses, former domestic partners, persons who have a child in common regardless of whether they have been married or have lived together at any time, adult persons related by blood or marriage, adult persons who are presently residing together or who have resided together in the past, persons sixteen years of age or older who are presently residing together or who have resided together in the past and who have or have had a dating relationship, persons sixteen years of age or older with whom a person sixteen years of age or older has or has had a dating relationship, and persons who have a biological or legal parent-child relationship, including stepparents and stepchildren and grandparents and grandchildren. (RCW 26.50.010)
Retaliation - Any adverse action against any individuals because they have opposed discrimination (made a report or filed a complaint), responded to a complaint, served as a witness in an investigation, or participated in any manner in an investigation is strictly prohibited.
1. The University Does Not Discriminate on the Basis of Sex in its Programs and Activities and Will Not Tolerate Sex Discrimination, Including Sexual Misconduct.
Title IX and Title VII require the University to not discriminate on the basis of sex. Sex discrimination, including sexual misconduct, is unacceptable and may be cause for discipline even if it does not rise to the level of a violation of law.
2. The University Respects Confidential Reporting of Sex Discrimination, Including Sexual Misconduct.
The University provides resources for confidential reporting of and counseling regarding sex discrimination. These resources are available to students, faculty and staff, through services provided by licensed university counselors (e.g., CASAS) and university health care professionals. Due process may mandate disclosure to a limited number of witnesses in the investigation of sex discrimination complaints. Some off-campus reports may also be legally privileged, such as reports to clergy, private legal counsel, or health care professionals (See link to options for assistance, resources, and reporting in Paragraph 4).
3. The University is Committed to a Comprehensive Educational and Training Program to Promote Awareness of and Prevent Sex Discrimination, Including Sexual Misconduct.
A. The Vice Provost for Equal Opportunity is Western’s Title IX Coordinator. The Vice Provost is responsible for providing mandatory initial and refresher Sexual Harassment Prevention Training (SHPT) for University employees. New employees should complete this training within their first six months of employment.
B. SHPT includes information on Title IX obligations and the nature and consequences of sexual harassment, including sexual misconduct, and discusses reporting options, resources, and procedures for handling complaints.
C. The Vice Presidents and Deans are responsible for ensuring that their employees complete the mandatory SHPT and refresher training.
D. The Equal Opportunity Office, University Police, Enrollment and Student Services, Human Resources and other campus offices promote awareness of and provide additional communication about and training in the prevention of sex discrimination, including sexual misconduct.
E. Educational and training programs include discussion of bystander intervention, engaging men in prevention of sex discrimination, including sexual misconduct and educating students and employees about this policy.
4. The University and Community Offer Support and Resources for Persons Affected by Sex Discrimination, Including Sexual Misconduct.
Counseling support services and reporting options are provided for survivors of sex discrimination, including sexual misconduct.
5. The University Provides Comprehensive Response System for Reporting and Addressing Sex Discrimination, Including Sexual Misconduct.
A. The response system is available to students, employees and others on campus affected by sex discrimination, including sexual misconduct.
B. Vice Provost for Equal Opportunity/Title IX Coordinator investigates all discrimination complaints, including complaints of sex discrimination, including sexual misconduct.
Western’s discrimination complaint procedure provides an administrative complaint process (not legal or criminal) for prompt and equitable investigation and resolution of sex discrimination complaints. PRO-U1600.02A Discrimination Complaint Procedure
The University will take steps to prevent recurrence of all forms of sex discrimination, and to correct its discriminatory effects on the complainant and others if appropriate. Interim measures may be taken to assist or protect the complaining individual(s) during the complaint process as necessary with the complainant’s consent (e.g., arranging for changes in class schedule and/or living arrangements, counseling, modifying class requirements or testing schedules as needed, without penalty to the complainant).
Individuals who believe they have been discriminated against or are survivors of sexual misconduct are encouraged to contact the Vice Provost for Equal Opportunity & Employment Diversity, who also serves as the Title IX Coordinator, Equal Opportunity Office, Western Washington University, Old Main 345, MS 9021, 516 High Street, Bellingham, WA 98225; 360.650.3307 (voice) or 711 (Washington Relay); eoo@wwu.edu; or the Department of Education’s Office for Civil Rights.
The standard of evidence used by the Title IX Coordinator in investigating allegations of discrimination is a preponderance of evidence (i.e., that it is more likely than not that the allegations are true).
C. Chief, University Police responds to and investigates all on-campus incidents of sexual misconduct when an individual seeks to file a criminal report or seeks a legal remedy. Off campus incidents are handled by the Bellingham Police.
When the survivor of a criminal act chooses to seek a legal remedy, they are encouraged to report all crimes of sexual violence to the appropriate law enforcement agency (University or Bellingham Police). The standard of evidence used by campus police in investigating alleged crimes is proof beyond a reasonable doubt.
D. Student Conduct Offer
The Student Conduct Officer responds to and investigates sexual misconduct. See WAC 516-21 for the Student Rights and Responsibilities Code. The Student Conduct Office may take immediate interim measures in cases of sexual misconduct by imposing sanctions, including no-contact orders.
6. The University Takes Action Towards Violators of This Policy
Anyone who is found to be in violation of this policy will be subject to a range of sanctions, such as written reprimand, suspension, student expulsion, or termination of employment.
7. All Members of the University Community Ensure That Commitment to Preventing Sex Discrimination, Including Sexual Misconduct is an Integral Part of Western.
8. Employees Must Report Sexual Misconduct
Employees have a duty to promptly report to the Vice Provost for Equal Opportunity, Title IX Coordinator, known or suspected incidents of sex discrimination, including sexual misconduct (except for those employees statutorily barred from sharing such information). Students and visitors are also encouraged to report this.
9. The University Prohibits Retaliation
The University, based on civil rights law, prohibits retaliation or encouraging others to retaliate against anyone reporting or thought to have reported a violation of this policy. This means that any type of adverse action or behavior is prohibited against those who file a complaint or third-party report, or otherwise participate in an investigative or disciplinary process. Retaliation will be considered independently, whether or not a complaint is substantiated. The University will take strong responsive action if retaliation occurs.
Effective Date: June 9, 2009. Revision Date: September 9, 2014. Approved By: President Bruce Shepard and Executive Policy Group
ATTACHMENT TO POL-U1600.04 “OPTIONS FOR ASSISTANCE AND RESOURCES”:
Options for assistance, resources, and reporting are as follows:
A. Consultation and Sexual Assault Support (CASAS) (for students) – Contact CASAS at 360-650-3700. CASAS, located on campus, provides confidential, professional consultation, brief or ongoing counseling, information about medical services, legal information and reporting options, academic support, and support groups for survivors of violence.
B. Domestic Violence and Sexual Assault Services (DVSAS) (for students, employees, general public) – DVSAS is located in downtown Bellingham and provides confidential services similar to those of CASAS. It is available on a 24-hour basis, 7 days a week; contact 360-715-1563 or 877-715-1563.
C. Student Health Center (for students) – Western’s Student Health Center (360-650-3400) is a primary care medical clinic providing a broad range of affordable health care to eligible students. Staffed by a team of physicians, nurse practitioners, registered nurses, and support staff, the mission of the Student Health Center is to assist students with preventive health care and consultations, as well as evaluating, diagnosing and treating health concerns, illnesses and injuries, thereby minimizing their impact on academic progress. Seek treatment for injuries, and preventative treatment for sexually transmitted diseases.
D. PeaceHealth St. Joseph Medical Center – seek treatment for injuries, preventative treatment for sexually transmitted diseases, and other health services. Provides rape kit assessment with sexual assault nurse examiner. Seeking medical treatment can preserve evidence. DVSAS or CASAS advocates can accompany a survivor to the hospital or health provider. Contact 360-734-5400.
E. Counseling Center (for students) – Western’s Counseling Center (360-650-3164) provides individual, confidential counseling including crisis appointments and after-hours emergency services. The Counseling Center also assists students by referring them to other services on campus and to community resources that can offer more specialized or longer-term help with problems and concerns.
F. Employee Assistance Program (for employees) – The EAP (360-407-9490) helps public employees resolve personal and work-related problems. EAP staff understand the issues that face public service employees. Consultations are voluntary, confidential, and available at no cost to covered employees and adult members of their households.
G. Dean of Students, Office of Student Life (for students) – The Office of Student Life (360-650-3706) is dedicated to supporting the learning and development of students, and creating an environment that fosters student success and graduation. The primary purpose of the Office of Student Life is to ensure the well-being and success of Western students. They work closely with students (and their family members), faculty, and staff, in support of this purpose, and also collaborate with a number of campus departments. They will work with the survivor to provide for safety and well-being, such as the ability to move dorms, change schedules, withdraw from/re-take a class without penalty, access tutoring or other support services.
H. Title IX Coordinator, Equal Opportunity Office (for students, employees, and others in the campus community affected by sex discrimination, including sexual misconduct) conducts discrimination complaint investigations. Contact 360-650-3307.
I. Human Resources (for employees) – Human Resources (360-650-3774) provides health and wellness programs for employees and handles leave, including Domestic Violence Leave. See Domestic Violence Resources for Employees.
J. Campus Police (for employees, students, others affected by sexual violence on campus) Survivors of sexual violence may file a criminal report with Campus Police. Campus police can also assist with safety planning and providing campus escorts. Contact 360-650-3911 (emergency) or 360-650-3555 (to report).
See POL-U5615.01 Responding to Campus Violence or Threats of Violence. The City of Bellingham Police provides a similar resource to survivors who have experienced sexual violence off-campus. Campus Police work closely with City of Bellingham Police to ensure their response and protocols are sensitive to the issues of sexual misconduct.
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