Appendix A - WWU Policies on Equal Opportunity/Nondiscrimination, Affirmative Action, Sexual Harassment, and Reasonable Accommodation

(POL-U1600.02) ENSURING EQUAL OPPORTUNITY AND PROHIBITING DISCRIMINATION AND RETALIATION

This policy applies to all employees, students, agents, groups, individuals and organizations that use University facilities and persons who participate in University programs and activities.

Authority:

Titles VI and Title VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 503 and Section 504 of the Rehabilitation Act of 1973, the Age Discrimination in Employment Act of 1967, the Vietnam Era Veterans Readjustment Assistance Act of 1972, the Americans with Disabilities Act of 1990, ADA Amendments Act of 2008, the Civil Rights Act of 1991, the Veteran’s Employment Opportunities Act of 1998, the Washington State Law Against Discrimination, Chapter 49.60 RCW, and Title II of the Genetic Information Nondiscrimination Act of 2008

Definitions:

Legally Protected Characteristics: Race, color, creed, religion, national origin, sex (including pregnancy and parenting status), disability, age, veteran status, sexual orientation, gender identity and expression, marital status, and genetic information.

Discrimination: Discrimination is conduct that is based upon a legally protected characteristic that excludes an individual from participation, denies the individual the benefits of, treats the individual differently or otherwise adversely affects a term or condition of an individual’s employment, education, living environment or participation in a University program or activity. This includes failing to provide reasonable accommodation, consistent with state and federal law, to persons with disabilities.

Harassment is a form of discrimination. Bullying is a subset of harassment. Examples of harassment and bullying include name-calling, graphic or written statements (including cyber), or physical conduct that is threatening, harmful or humiliating and that is based, at least in part, on a legally protected characteristic. Harassment does not have to include intent to harm, be directed at a specific target, or involve repeated incidents.

1. The University is Committed to Ensuring Equal Opportunity and Prohibiting Illegal Discrimination and Inappropriate Behavior in All Aspects of Employment and for Students in Educational and Extracurricular Programs and Activities

Discrimination, including harassment and bullying, on the basis of a legally protected characteristic is illegal and prohibited.

Inappropriate behavior based on a legally protected characteristic is unacceptable and may be cause for discipline even if it does not rise to the level of illegal discrimination.

The University will not tolerate illegal discrimination or inappropriate behavior based on any legally protected characteristic, in any University program or activity, including employment, admissions, extracurricular and educational programs.

All members of the University community will create and maintain an environment that is free of discrimination and harassment and one in which employees, students, applicants and visitors are treated with dignity and respect.

2. The Board of Trustees Pledges That Every Reasonable Effort Will Be Made to Provide the Resources Necessary to Implement This Policy

3. The President, as Delegate of the Board of Trustees, Affirms the University Shall Comply With Applicable Civil Rights Laws

The President delegates chief responsibility for compliance with civil rights laws to the Vice Provost for Equal Opportunity and Employment Diversity (Vice Provost, EO).

All Vice Presidents are responsible for ensuring compliance with this Policy.

The President or the President’s delegate shall:

A. Develop, monitor and enforce University policies governing recruitment and selection to remove barriers to equal employment opportunity and prevent illegal discrimination.

B. Ensure that promotion and hiring decisions are in accordance with the principles of equal employment opportunity.

C. Ensure fairness and equity in the administration of personnel actions such as hiring, promotion, separation, compensation, benefits, transfers, layoffs, returns from layoff, University-sponsored training, education, tuition assistance, and social or recreational programs.

D. Ensure equal opportunity in the recruitment and admission of students, and in the operation of all University programs, activities and services.

E. Cooperate with federal and state agencies in fulfilling University obligations under civil rights laws of the United States and the State of Washington.

4. The University Provides an Internal Procedure for Investigating Complaints of Discrimination and Seeking Assistance

A. Individuals who believe they have been subject to discrimination based on a legally protected characteristic are encouraged to contact the 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. The Vice Provost, EO, is the University’s Title IX and ADA Coordinator.

B. Complaints of discrimination will be promptly and equitably investigated. See PRO-U1600.02A Discrimination Complaint Procedure (PRO-U1600.02A).

C. Individuals should not wait to report conduct of concern until it becomes sufficiently serious to create a hostile environment. Individuals with discrimination or harassment concerns who are comfortable doing so are encouraged to discuss their concerns with the appropriate supervisor or department chair in an attempt to resolve the issue informally. The Vice Provost, EO, designees, and other University officials can take proactive steps to prevent harassment from continuing and perhaps escalating and to protect or otherwise assist the person.

5. 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 a student or employee who expresses a concern or complaint to the Equal Opportunity Office, or against a formal complainant, respondent or witness involved in a discrimination complaint investigation. Such retaliation will be considered independently, whether or not a complaint of discrimination is substantiated.

6. Employees Promptly Report Harassment, Bullying, Discrimination and/or Retaliation to the Vice Provost, EO, if They Know or Should Have Known of Actual or Suspected Incidents.

All employees have a duty to promptly report to the Vice Provost, EO, information related to incidents of discrimination, bullying, harassment and/or retaliation involving any legally protected characteristic (except for those employees statutorily barred from sharing such information). This duty to report exists even if the individual reporting the concern requests that it be kept confidential. As appropriate, employees should also bring such concerns to the attention of their supervisor. In consultation with the Vice Provost, EO, supervisors must address allegations of discrimination or harassment.

7. Individuals May Also File an External Discrimination Complaint

An individual may also choose to file a discrimination complaint by contacting one of the following agencies within their established time limits.

Washington State Human Rights Commission
711 S. Capitol Way #402
P.O. Box 42490
Olympia, WA 98504-2490
Phone: (800) 233-3247
TTY: (800) 300-7525

U.S. Equal Employment Opportunity Commission
Seattle Field Office 909 First Avenue
Suite 400
Seattle, WA 98104-1061
Phone: (800) 669-4000
TTY: (800) 669-6820

U.S. Department of Education
Office for Civil Rights
915 Second Avenue Room 3310
Seattle, WA 98174-1099
Phone: (206) 607-1600
TDD: (800) 877-8339

Effective Date: June 9, 2009. Revision Date: March 18, 2014. Approved By: President Bruce Shepard.

IMPLEMENTING AFFIRMATIVE ACTION PROGRAM (POL-U1600.05)

Policy applies to university employees

Definition:

The Affirmative Action Program (AAP) shall include: ♦ equal opportunity and affirmative action policies and methods for their dissemination ♦ responsibility for implementation ♦ identification of problem areas ♦ action-oriented programs designed to recruit, employ and promote qualified members of targeted populations, to include women, minorities, people with disabilities and veterans ♦ internal audit and reporting systems.

The Affirmative Action Plan is a working document that identifies areas of underutilization in the work force, proportional to availability; analyzes personnel actions, hiring practices; and goal achievement, and serves as a basis for updating the Affirmative Action Program

1. The University Establishes an AAP and Reports the Results of its Efforts in an Affirmative Action Plan (Plan)

The results of the AAP shall be reported annually in an updated Plan.

The content of the Plan shall conform to current state and federal guidelines and will represent the university’s good faith efforts to eliminate barriers to recruit and retain targeted populations for equal employment opportunity.

2. The Board of Trustees Pledges its Commitment to Affirmative Action

The Board of Trustees delegates responsibility for promoting and enforcing the AAP to the President of the university.

3. The President Carries Out This Responsibility by:

A. Designating the Vice Provost for Equal Opportunity & Employment Diversity as the official responsible for preparation of the Plan and overall implementation of the AAP.

B. Delegating responsibility for ensuring the success of the AAP to other university employment officials, managers and supervisors.

C. Ensuring that the resources necessary for the implementation of this policy remain a priority in the university budget.

4. The Vice Provost for Equal Opportunity and Employment Diversity (Vice Provost) Reports to the President on Matters Regarding Affirmative Action

5. The Vice Provost has the Authority to Administer the AAP by:

A. Making the affirmative action policy available to all employees and the public.

B. Maintaining discrimination compliant procedures.

C. Facilitating the informal resolution of discrimination complaints.

D. Receiving and investigating complaints of illegal discrimination and making recommendations for solutions.

E. Serving as liaison between the university and the state and federal enforcement agencies regarding externally filed complaints and compliance reviews.

F. Keeping the university informed concerning developments in discrimination law and taking appropriate steps to assure timely applications of new regulations in all administrative or operating units of the university.

G. Monitoring employment recruitment processes and work climate for continual compliance with the requirements of anti-discrimination law.

H. Facilitating compliance with equal opportunity regulations in programs and services provided to students and the public.

I. Preparing the annual Plan which measures progress, identifies problem areas, and sets goals and providing the Plan to the President for review and signature.

J. Preparing reports, statistics, and data which delineate and quantify various aspects of the policy, and planning for internal analysis as required by federal and state agencies.

K. Maintaining internal and external awareness of the existence and value of the AAP.

L. Developing and overseeing effective affirmative action/equal employment opportunity training programs.

6. Vice Presidents and Deans Are Responsible to Ensure the Success of the AAP in Their Divisions by:

A. Participating in the development and implementation of action-oriented programs focused on underutilized groups.

B. Ensuring appropriate non-discrimination clause in all contracts.

C. Annually reviewing with the Equal Opportunity Office the effectiveness of the AAP in their respective units.

D. Ensuring employees participate in the university’s affirmative action/equal employment opportunity training.

E. Ensuring affirmative actions efforts and results shall be a part of the evaluation of the performance of administrators and supervisors.

7. University Employees and Supervisors Facilitate the Affirmative Action Program

All university employees and supervisors will, by creating and maintaining an atmosphere conducive to recruiting, hiring, promoting and retaining members of underrepresented groups, in working to reach the university’s affirmative action goals.

8. University Search Committees and Hiring Authorities Will Design Equal Employment Opportunity and Affirmative Action Goals by Reflecting Them in Their Recruitment Plans

Effective Date: June 9, 2009.  Approved By: President Bruce Shepard and Executive Policy Group

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 individual’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, 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 - Means that at the time of the act of sexual intercourse or sexual contact there are actual words or conduct indicating freely given agreement to have sexual intercourse or sexual contact. (RCW 9A.44.010)

• If coercion, intimidation, threats, or forcible compulsion is used there is no consent. 
• If a person is mentally incapacitated or physically helpless or impaired such that a reasonable person would believe the incapacitated 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 when there is force, expressed or implied, or use of duress or deception. 
• Coercion, forcible compulsion, 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.

Forcible Compulsion – Physical force which overcomes resistance, or a threat, express or implied, that places a person in fear of death or physical injury to herself or himself or another person, or in fear that she or he or another person will be kidnapped (RCW 9A.44.010)

Sexual Intercourse – (a) has its ordinary meaning and occurs upon any penetration, however slight, and (b) also means any penetration of the vagina or anus however slight, by an object, when committed on one person by another, whether such a persons are of the same or different sex, except when such penetration is accomplished for medically recognized treatment or diagnostic purposes, and (c) also means any act of sexual contact between persons involving the sex organs of one person and the mouth or anus of another whether such persons are of the same or different sex. (See RCW 9A.44.010)

Sexual Contact – Any touching of the sexual or other intimate parts of a person done for the purpose of gratifying sexual desire of either party or a third party.  (RCW 9A.44.010)

Mental Incapacity – That condition existing at the time of the offense which prevents a person from understanding the nature or consequences of the act of sexual intercourse or sexual contact whether that condition is produced by illness, defect, the influence of a substance or from some other cause. (See RCW 9A.44.010)

Physically Helpless – A person who is unconscious or for any other reason is physically unable to communicate unwillingness to an act. (RCW 9A.44.010)

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.

The University prohibits the crimes of sexual assault, dating violence, domestic violence, and stalking. Further, 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 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 University provides sexual violence primary prevention and awareness training to new, matriculated students and new employees. The Director, Prevention and Wellness Services is responsible for implementing this training for students and the Vice Provost for Equal Opportunity is responsible for implementing this program for employees.

In alignment with Western’s culture and values, participation in these programs will be mandatory during AY2015-2016. During this first year of program implementation, the mandatory participation requirement will be vetted with the campus community to determine whether or not program participation should be required in future years or if an acceptable alternative approach is desired.

E. 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, in implementing an ongoing prevention and awareness campaign for students and employees.

F. Primary prevention and awareness training for incoming students and new employees, and an ongoing prevention and awareness campaign, include the following: A statement that the University prohibits sexual assault, dating violence, domestic violence and stalking; the definition of these four offenses; the definition of consent; discussion of safe and positive options for bystander intervention; information on risk reduction; information about engaging men in prevention of sex discrimination, including sexual misconduct, and; information about relevant investigative and disciplinary procedures at the University.

3. The University and Community Offer Support and Resources for Persons Affected by Sex Discrimination, Including Sexual Misconduct

Support services and reporting options are provided for survivors of sex discrimination, including sexual misconduct.

Confidential support resources are available to students through services provided by licensed university counselors (e.g., Counseling Center and CASAS) and university health care professionals, and to faculty and staff via the Employee Assistance Program. Some off-campus reports may also be legally privileged, such as reports to clergy, private legal counsel, or health care professionals.

When sexual misconduct complaints are made to the Assistant Dean of Students/Student Conduct Officer (hereafter referred to as Student Conduct Officer), the Student Conduct Officer may issue an interim administrative no-contact order to all parties.  No-contact orders may also be issued by the Student Conduct Officer as a sanction for Student Conduct Code violations. 

Protective measures or accommodations provided by the University to individuals who report sexual violence will be shared by the University only to the extent reasonably necessary in order to carry out the terms of the protective measure or accommodation.

Regardless of whether it occurred on or off campus, individuals who report to the University that they have experienced sexual violence will be provided with information in writing about the following:

• Procedures to follow regarding:  preservation of evidence; to whom and how to report; the option of notifying law enforcement, including University and local police, and to be assisted by the University’s Title IX Coordinator or CASAS in notifying law enforcement if the victim so chooses, or to decline to notify law enforcement, and; the victim’s rights and University’s responsibilities regarding protection and no-contact orders.
• Both the University-based and the community-wide victim advocacy, counseling, health and other resources listed in the Support Services and Reporting Options document linked to above;
• Options available, assistance available in obtaining, and how to request changes to academic, living, transportation, and working situations, or protective measures;
• How the University will protect confidentiality of victims and other necessary parties, including how publicly available recordkeeping will be completed without inclusion of personally identifying information about the victim, and how accommodations and protective measures will be kept confidential to the extent possible without limiting the University’s ability to provide the accommodations or protective measures;
• The applicable University procedures for investigations and disciplinary proceedings, as contained in the Discrimination Complaint Procedure and Student Code of Conduct.

4. 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. Individuals have the right to file a criminal complaint and an institutional discrimination or disciplinary complaint simultaneously. Complaints against anyone to whom this policy applies may be made to the Vice Provost for Equal Opportunity/Title IX Coordinator or the police. Complaints against students by students may also be made to the Student Conduct Officer. As required by Title IX, the University will investigate reports of sexual violence even when no complaint is filed.

B. Institutional discrimination and disciplinary complaints regarding sexual violence are conducted by officials who, as relevant to their roles in these processes, receive annual training on issues related to sexual assault, dating violence, domestic violence, and stalking, and how to conduct investigation and hearing processes that protect victims’ safety and promote accountability.

C. Victims of sexual violence are encouraged to preserve evidence that may assist in proving the sexual violence occurred or may be helpful in obtaining a protection order from a court with jurisdiction.

D. 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, equitable and impartial 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., safety planning, 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).

E. Chief, University Police responds to and investigates all on-campus incidents of sexual misconduct when an individual seeks to file a criminal report. Off campus incidents are handled by the Bellingham Police or the police department with jurisdiction over the location where the alleged sexual misconduct occurred.

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 (typically either University or Bellingham Police). University Police may be contacted by calling (360) 650-3911 in an emergency or (360) 650-3555 to make a report, and are located in the Campus Services Building, 2001 Bill McDonald Parkway.  University officials and offices, including the Title IX Coordinator (for anyone affected by sexual misconduct) or CASAS (for students) can assist victims in reporting to law enforcement if the victim so chooses. The standard of evidence used in criminal proceedings is proof beyond a reasonable doubt.

F. Student Conduct Officer responds to and investigates sexual misconduct. See WAC 516-21 for the Student Rights and Responsibilities Code. The procedures applicable in student conduct investigations provide for prompt, fair, and impartial investigation and resolution of sexual misconduct reports. The standard of evidence used by the Student Conduct Officer in investigating allegations of sexual misconduct is a preponderance of evidence (i.e., that it is more likely than not that the allegations are true). The Student Conduct Officer may take immediate interim measures in cases of sexual misconduct by imposing sanctions, including no-contact orders. The Student Conduct Officer may be contacted by calling (360) 650-3706, and is located in Viking Union 506.

G. When a report is investigated via the Discrimination Complaint Procedure or Student Conduct Code, or by University or local police, due process may mandate disclosure of information provided by the complainant or respondent to the Title IX Coordinator/Equal Opportunity Office, Student Conduct Officer, or law enforcement with the other party and a limited number of witnesses.

H. When sexual violence is reported to the Title IX Coordinator, University Police, or the Student Conduct Officer, the University will keep the report confidential to the greatest extent possible while also providing protective measures and accommodations requested by the survivor and taking necessary action to keep other members of the campus community safe. If a survivor requests that their name not be revealed to the alleged perpetrator or requests that the University not investigate the report, the University will discuss with the survivor the limitations this places on the University’s ability to hold the perpetrator accountable. Personally identifying information regarding complainants/survivors of sexual violence contained in records maintained by the University regarding sexual violence will not be publicly disclosed except to the extent required by law.

5. 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. As outlined in the Student Code of Conduct, possible sanctions for students are:  warning; conditional status; loss of privileges; no-contact orders; requirement to engage in educational activities, assessment, counseling or treatment; requirement to provide restitution; campus housing relocation or termination; suspension or deferred suspension from the University, and; expulsion from the University. Possible sanctions for employees include written reprimand, leave without pay, and termination of employment.

6. All Members of the University Community Ensure That Commitment to Preventing Sex Discrimination, Including Sexual Misconduct is an Integral Part of Western.

7. 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.

8. 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: June 23, 2015. Approved By: President Bruce Shepard

ATTACHMENT TO POL-U1600.04 “Support Services and Reporting Options for People who Experience Sexual Misconduct”:

Western Washington University Counseling and Support Resources

• Consultation and Sexual Assault Support (CASAS) (for students): Old Main, 585B, 360-650-3700. CASAS 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, including sexual violence. CASAS can help students make a report to the University or to the police.
• Counseling Center (for students): Old Main 540; 360-650-3164 (counselor on-call is available 24 hours a day). The Counseling Center provides 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.
• Student Health Center (for students): Campus Services Building, 2001 Bill McDonald Pkwy; 360-650-3400. The Student Health Center provides confidential health care, including treatment for injuries and sexually transmitted infections, and emergency contraceptive services. 
• Employee Assistance Program (for employees): 877-313-4455 (appointment scheduling); 866-704-6364 (after-hours help line). The EAP provides confidential help to public employees regarding personal and work-related problems. Consultations are available at no cost to covered employees and adult members of their households.
• Human Resources (for employees): Humanities Building, Floor 2; 360-650-3774. Human Resources can assist employees who are survivors of domestic violence, sexual assault, or staking and employees who have family members who are survivors. State law allows employees to take leave from work, with or without pay, to address legal or law enforcement needs and obtain medical, mental health and social services assistance related to sexual violence. HR administers Domestic Violence Leave.

Western Washington University Reporting Options

• University Police (for students, employees, and others affected by sexual violence on campus): Campus Services Building, 2001 Bill McDonald Pkwy. In an emergency, call 360-650-3911. In a non-emergency, call 360-650-35555. Survivors of sexual violence may file a criminal report with University Police. University Police can also assist with safety planning and providing campus escorts. See POL-U5615.01 Responding to Campus Violence or Threats of Violence. Students may also work with CASAS, and anyone may work with Domestic Violence & Sexual Assault Services (DVSAS), to make a police report and/or file for legal no-contact orders.
• Western’s Title IX Coordinator/Equal Opportunity Office (for students, employees, and others in the campus community affected by sexual misconduct) Old Main 345; 360-650-3307 or 711 (WA Relay); sue.guenter-schlesinger@wwu.edu conducts discrimination complaint investigations. Contact at 360-650-3307. Sue Guenter-Schlesinger is the Vice Provost for Equal Opportunity and Western’s Title IX Coordinator. Survivors of sexual misconduct, including sexual violence, may file a discrimination complaint with the EO Office. This does not obligate the individual to file a police report. The EO Office coordinates closely with the Office of Student Life. The EO Office can help coordinate support for survivors of sexual violence, including counseling and medical services, safety planning, obtaining a no-contact order against the perpetrator, academic support, and residence hall room changes. Survivors have the right to support from Western even if they do not want to file a complaint.
• Dean of Students, Office of Student Life (for students): Viking Union 506; 360-650-3706. The primary purpose of the Office of Student Life is to ensure the well-being and success of Western students. Students who experience sexual misconduct, including sexual violence, perpetrated by another student may make a complaint through Western’s student conduct process. This does not obligate a student to file a police report.  The Office of Student Life coordinates closely with the Title IX Coordinator. The Office of Student Life 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, and obtain no-contact orders.

Off-campus Resources and Reporting Options, available to anyone

• DVSAS (Domestic Violence & Sexual Assault Services): 1407 Commercial Street, Bellingham; 24-hour helpline (360) 715-1563 or (877) 715-1563. DVSAS offers free and confidential services, including a 24-hour helpline seven days a week, walk-in services weekdays from 9am to 5pm, support groups, emergency shelter, and legal, medical and social services advocacy. The DVSAS website, www.dvsas.org, lists many community resources for survivors.
• Bellingham Police Department: 505 Grand Avenue, Bellingham. In an emergency, call 911. In a non-emergency, call (360) 778-8800. Contact the police to make a criminal report.
• PeaceHealth St. Joseph Medical Center: 2901 Squalicum Pkwy.; (360) 734-5400. The hospital’s services include providing treatment for injuries and sexually transmitted infections. The hospital provides rape kit assessments with a sexual assault nurse examiner. An advocate for sexual assault survivors is called whenever a patient reports being sexually assaulted and the patient decides whether to have the advocate accompany them through the exam process. CASAS advocates can also accompany a survivor to the hospital or health provider. Seeking medical treatment can preserve evidence.
• Rape, Abuse, and Incest National Network (RAINN): The Rape, Abuse & Incest National Network is the nation’s largest anti-sexual assault organization. RAINN provides the National Sexual Assault Hotline at 1.800.656.HOPE and the National Sexual Assault Online Hotline at www.rainn.org. The organization provides many resources about sexual violence, including resources about how to help a loved one who has experienced sexual violence.

ACCOMODATING PERSONS WITH DISABILITIES (POL-U1600.03)

Policy applies to:

• Applicants or employees who, with or without reasonable accommodation, can perform the essential functions of a position,
• Qualified students, prospective students and
• Individuals who wish to participate in university-sponsored events which are open to the public.

Authority:

42 U.S.C. §12101 et seq. (the Americans with Disabilities Act (ADA) of 1990), the ADA Amendments Act of 2008, 29 CFR §1630 (Regulations to Implement Equal Employment Provisions of the ADA), 28 CFR §35 (Nondiscrimination on the Basis of Disability in State and Local Government Services), 45 CFR 84 (Nondiscrimination on Basis of Handicap in Programs and Activities Receiving or Benefitting from Federal Financial Assistance), Section 504 of the Federal Rehabilitation Act of 1974, Chapter 49.60.040 RCW (the Washington State Law Against Discrimination), WAC 162-22 (Employment-handicapped persons), WAC 357-26 (Reasonable Accommodation), WA Executive Order 96-04 (Implementing the ADA and Superseding 93-03)

Definitions:

Person with a Disability means: Under 42 USC §12102, a person with a physical or mental impairment that substantially limits one or more major life activities; and/or Under chapters 49.60.040 RCW and 162-22 WAC, the presence of a sensory, mental or physical impairment (temporary or permanent) that is: Medically cognizable or diagnosable, or Exists as a record or history; or Known or shown through an interactive process to exist in fact, and: Has a substantially limiting effect upon the individual’s ability to perform his or her job, the individual’s ability to apply or be considered for a job or the individual’s access to equal benefits, privileges, or terms or conditions of employment; or The employee must have put the employer on notice of the existence of an impairment, and medical documentation must establish a reasonable likelihood that engaging in job functions without an accommodation would aggravate the impairment to the extent that it would create a substantially limiting effect.

Disability Status Definitions:

Impairment (federal definition): Any physiological disorder, or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genitor-urinary, hemic and lymphatic, skin, and endocrine; or any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.

Impairment (state definition): Any physiological disorder, or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological, musculoskeletal, special sense organs, respiratory, including speech organs, cardiovascular, reproductive, digestive, genitor-urinary, hemic and lymphatic, skin, and endocrine; or any mental developmental, traumatic, or psychological disorder, including but not limited to cognitive limitation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.

Major Life Activities: Activities that include, but are not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working and operation of a major bodily function, including but not limited to, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.

Substantially Limits: Unable to perform a major life activity that the average person in the general population can perform or significantly restricted as to the condition, manner or duration under which you can perform a particular major life activity as compared to the condition, manner, or duration under which the average person in the general population can perform that same major life activity.

Essential Functions means the fundamental job duties of the position that the individual with the disability holds or desires. The term “essential functions” does not include the marginal functions of the position.

Qualified Employee with a Disability means an individual with a disability who meets the skill, experience, education, or other job-related requirements of the position held or desired, and who, with or without reasonable accommodation, can perform the essential functions of the job.

Qualified Student with a Disability means an enrolled student with a documented disability and completed Needs Assessment who complies with applicable university policies on student rights and responsibilities and who meets the admission requirements and technical standards of the academic program, activity, or service.

Reasonable Accommodation means a modification or adjustment to a job, work environment, policies, practices, and procedures that enables a qualified individual with a disability to enjoy equal employment or academic opportunities.

Undue Hardship means an excessively costly, extensive, substantial, or disruptive modification, or one that would fundamentally alter the nature or operation of the institution.

1. The University Provides Reasonable Accommodations

a) The university provides reasonable accommodation to the known physical or mental limitations of otherwise qualified individuals except where such accommodation would impose undue hardship on the institution.

b) The Vice Provost for Equal Opportunity and Employment Diversity, the Vice President for Business and Financial Affairs and the Vice President for Student Affairs, through their procedures, inform the campus and public of the ability to request accommodation.

2. The Vice Provost for Equal Opportunity/ADA Coordinator Provides Compliance Oversight, Advice and Consultation Regarding the ADA and Architectural Access. See ADA Access Accommodation.

3. Vice President for Business and Financial Affairs is Responsible for Employment Accommodation Services

a) The Vice President will:

1. Ensure the appropriate services are available to process requests for reasonable accommodation to qualified applicants and employees with disabilities.
2. Delegate full authority for implementing these services to the Director of Human Resources.

b) Qualified applicants and employees with disabilities who require an accommodation should refer to guidance on the Human Resources web page. See www.wwu.edu/drs/index.shtml for procedures and additional resources.

4. Vice President for Student Affairs is Responsible for Student Accommodation Services

a) The Vice President will:

1. Ensure appropriate services are available to process requests for reasonable accommodation to qualified students and prospective students with disabilities.
2. Delegate full authority of implementing these services to the Director of disAbility Resources for Students (DRS)

b) Qualified students and prospective students with disabilities who require an accommodation should refer to guidance on the Disability Resources for Students web page. See www.wwu.edu/depts/drs/ for procedures and additional resources.

5. The University Provides a Discrimination Compliant Procedure

The Vice Provost for Equal Opportunity investigates complaints for individuals who believe they have been subject to discrimination based on their disability or their request for reasonable accommodations as outlined in discrimination complaint procedure (PRO-U1600.02A).

Effective Date: June 9, 2009. Approved By: President Bruce Shepard and Executive Policy Group