POL-U1600.04 Preventing And Responding To Sexual Harassment Under Title IX (Interim)

WWU prohibits discrimination on the basis of sex, including sexual harassment and sexual assault, dating violence, domestic violence, and stalking under Title IX. Further, Title VII of the Civil Rights Act of 1964, the Violence Against Women Reauthorization Act, and the Washington State Law Against Discrimination require WWU to stop, remediate, and prevent discrimination on the basis of sex. Sex discrimination, including sexual assault, may be cause for discipline even if it does not rise to the level of a violation of Title IX. Sex discrimination that does not violate Title IX may still be a violation of Title VII, the Violence Against Women Reauthorization Act, and the Washington Law Against Discrimination, and WWU may take disciplinary action where warranted under those statutes.

1. The Executive Director of the Office of Civil Rights and Title IX Compliance is Western’s Title IX Coordinator. The Executive Director 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 month of employment.
2. SHPT includes information on Title IX obligations and the nature and consequences of sexual harassment, including sexual assault, and discusses reporting options, resources, and procedures for handling complaints.
3. The Vice Presidents and Deans are responsible for ensuring that their employees complete the mandatory SHPT and refresher training.
4. 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 Executive Director, Office of Civil Rights & Title IX Compliance is responsible for implementing this program for employees. Consistent with Western’s culture and values, participation in these programs is mandatory.
5. Office of Civil Rights & Title IX Compliance (CRTC), University Police, Division of Enrollment and Student Services, Human Resources, and other offices promote awareness of and provide additional communication about and training in the prevention of sexual harassment, including sexual assault, in implementing an ongoing prevention and awareness campaign for students and employees.
6. Primary prevention and awareness training for incoming students and new employees, and an ongoing prevention and awareness campaign, include the following: A statement that University prohibits sexual harassment , including sexual assault; the definition of these offenses; the definition of consent; safe and positive options for bystander intervention; information on risk reduction; information about the prevention of sexual harassment, including sexual assault; and information about relevant investigative and disciplinary procedures at the University.

1. Supportive measures and reporting options are provided for individuals affected by sexual harassment, including sexual assault, whether or not a formal complaint is made. If supportive measures are not provided, the Title IX Coordinator must document in writing why this decision was clearly reasonable under the circumstances.
2. Confidential support resources are available to students through services provided by WWU psychologists, mental health counselors, survivor advocates, and health care professionals; confidential support resources are available to employees through the Employee Assistance Program. Reports to some off-campus support personnel may also be legally privileged, such as reports to clergy, private legal counsel, or health care professionals.
3. When sexual harassment, including sexual assault, complaints involving students are made to the Title IX Coordinator, supportive measures for both complainant and respondent will be coordinated through the Office of Student Life.
4. Supportive measures taken by WWU on behalf of parties to a Title IX matter will be shared by WWU only to the extent reasonably necessary in order to carry out the terms of the protective measure or accommodation.

1. The response system is available to students, employees, and others on campus affected by sexual harassment, including sexual assault. Individuals have the right to file a criminal complaint and an institutional discrimination complaint simultaneously. Complaints against anyone to whom this policy applies may be made to the Title IX Coordinator.
2. The investigation of complaints of sexual harassment, including sexual assault, is conducted by Title IX Administrators who, as relevant to their roles in these processes, receive annual training which includes, but is not limited to:
   • the definition of sexual harassment under this policy and associated procedures,
   • the scope of WWU’s educational programs and activities,
   • how to conduct an investigation,
   • how to serve impartially without prejudgment of facts, conflicts of interest, or bias,
   • use of technology employed during an investigation or hearing,
   • the relevance of evidence and questions,
   • trauma-informed interviewing techniques, and
   • effective report writing.
3. Any person may report sexual harassment, including sexual assault, whether or not the reporting party is the person alleged to be the victim of conduct that could constitute a violation of Title IX. The report can be made at any time, including during non-business hours, to WWU’s Title IX Coordinator, who also serves as the Executive Director of the Office of Civil Rights and Title IX Compliance.
   
   Executive Director of the Office of Civil Rights and Title IX Compliance
   Office of Civil Rights and Title IX Compliance
   Western Washington University
   Old Main 345; MS 9021
   516 High Street
   Bellingham, WA 98225
   (360) 650-3307 (voice) or 711 (Washington Relay)
   crtc@wwu.edu
4. The Title IX Coordinator is responsible for:
   • Accepting and processing all Title IX reports, referrals, and formal complaints.
   • Executing and submitting a formal complaint when appropriate and necessary.
   • Handling requests for confidentiality.
   • Determining, during the Grievance Procedure:
     • whether a Formal Complaint should be dismissed either in whole or in part, and if so,
     • providing notice to both parties about why dismissal was necessary or desirable, and
     • referring the complaint to the appropriate disciplinary authority for proceedings outside the jurisdiction of Title IX.
     • Maintaining accurate records of all complaints, reports, and referrals, and retaining investigation files, complaints, reports, and referrals in compliance with the applicable records retention schedules or federal or state law, whichever is longer.
     • Conducting investigations or assigning and overseeing investigations.
     • Engaging in an interactive process with both parties to identify and provide supportive measures that ensure during the investigation and disciplinary processes that the parties have equitable access to education programs and activities and are protected from further discrimination or retaliation.
     • Upon completion of an investigation, issuing or overseeing the issuance of a final investigation report to the parties and the appropriate disciplinary authority in compliance with this Grievance Procedure.
     • Recommending non-disciplinary corrective measures to stop, remediate, and/or prevent recurrence of discriminatory conduct to disciplinary authorities and other WWU administrators.
     • Overseeing the investigation of all complaints of sex discrimination, including sexual misconduct, which fall under Title IX.
5. Before imposing discipline, WWU is responsible for gathering and presenting evidence to a neutral and unbiased decision maker establishing responsibility for a Title IX violation.
6. The standard of evidence used by the Title IX Coordinator in investigating all allegations of discrimination from students and employees is the preponderance of the evidence, that is, it is more likely than not that the allegations made by the complainant are true.
7. WWU shall treat both the Complainant and Respondent equitably by providing Complainant with remedies against Respondent who has been found responsible for sexual harassment through application of the institution’s Title IX grievance and applicable Title IX disciplinary procedures and by providing Respondent with Title IX procedural safeguards contained in this Title IX Grievance Procedures and in the applicable Title IX disciplinary procedures.
8. The investigator shall base investigation results on all relevant evidence, including both exculpatory and inculpatory evidence.
9. Formal and informal resolutions will be pursued within reasonably prompt timeframes with allowances for temporary delays and extensions for good cause shown. Good cause supporting a request for an extension includes, but is not limited to: a party, a party’s advisor, or a witness being unavailable, concurrent law enforcement activity, and the need for language assistance or accommodation of disabilities. Both parties will receive written notice of any temporary delay or extension for good cause with an explanation of why the action was necessary.
10. The Chief of 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 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 to the appropriate law enforcement agency. University Police may be contacted by calling 360-650-3911 in an emergency, or 360-650-3555 to make a non-emergency report. University Police are located in the Campus Services Building, 2001 Bill McDonald Parkway. WWU officials and offices may assist victims in reporting to law enforcement if the victim chooses.

A respondent found responsible for engaging in sex discrimination, including sexual assault, may receive discipline.

Students found responsible may receive sanctions which include, but are not limited to, 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; expulsion from WWU.

An employee found responsible may receive sanctions which include, but are not limited to, training; written reprimand; leave without pay; reduction in job responsibilities or demotion; loss of title; termination of employment.

As outlined in the Student Code of Conduct, when an investigation is conducted involving a student respondent, the CRTC or their designee will provide a copy of the written report of findings to the student conduct officer. The student conduct officer will consider this report and make a finding as to whether the code was violated and impose sanction(s) as appropriate.

When an investigation is conducted involving an employee, the CRTC or their designee will provide a copy of the written report of findings to Human Resources, the Vice President of the organizational unit in which the respondent is employed, and to the employee’s supervisor. Human Resources will refer the matter to the hearing body as appropriate.

No additional description for this statement.

Employees have a duty to promptly report to the Title IX Coordinator any known or suspected incidents of sex discrimination, including sexual misconduct, with the exception of those employees statutorily excluded from this responsibility (confidential resources). Students and visitors are encouraged to report any known or suspected incidents of sex discrimination, including sexual misconduct.

The University prohibits retaliation or encouraging others to retaliate against anyone reporting or believed to have reported a violation of this policy. Retaliation will be considered as a separate action, under POL-U1600.02, whether or not the original complaint is substantiated. WWU will take responsive action if retaliation occurs.