Title IX

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Definitions

Pacific Union College affirms is committed to providing a respectful learning, living, and working environment that is free of sexual and gender-based discrimination and sexual harassment (including sexual assault, dating violence, domestic violence, and stalking) and prohibits such behavior as outlined in the College's Sex Nondiscrimination and Sexual Harassment policy.

Advisor

A person chosen by a party (Complainant or Respondent), or appointed by the institution to accompany the party to meetings related to the resolution process, to advise the party on that process, and in the case of a Process A hearing (if any), to conduct cross-examination for the party.

Complaint (formal)

Complaint (formal)means a document filed/signed by a Complainant or signed by the Title IX Coordinator alleging harassment or discrimination or retaliation for engaging in a protected activity against a Respondent and requesting that the recipient investigate the allegation.

Complainant

An individual who is alleged to be the victim of conduct that could constitute harassment or discrimination; or retaliation for engaging in a complaint or grievance process.

Confidentiality and Privacy

Confidential Resource

An employee who is not a Mandated Reporter of notice of harassment, discrimination, and/or retaliation (irrespective of Clery Act Campus Security Authority status). These employees include the campus chaplain, the staff and therapists in the Career and Counseling Center, and the staff and medical providers at Health Services.

Consent

An active giving of permission to engage in activity.  Consent is affirmative, knowing, conscious, and voluntary agreement which provides clear permission by word or action to engage in mutually agreed upon sexual activity. Affirmative consent must be ongoing throughout a sexual activity and can be revoked at any time.

For consent to be valid, there must be a clear expression in words or actions that the other individual consented to that specific sexual conduct. Affirmative consent must be ongoing throughout the sexual activity. Reasonable reciprocation can be implied. Consent can also be withdrawn once given at any time.  The withdrawn consent should be reasonably and clearly communicated. If consent is withdrawn, that sexual activity should cease.  There is no requirement on a party to resist the sexual advance or request, but resistance is a clear demonstration of non-consent.

The presence of consent is not demonstrated by the absence of resistance. Sexual activity that is forced is by definition non-consensual, but non-consensual sexual activity is not by definition forced.  Lack of protest, or the absence of resistance alone does not mean consent, nor does silence mean consent.

A current or previous intimate relationship is not sufficient to constitute consent.

Since individuals may experience the same interaction in different ways, it is the responsibility of each party to make certain that the other has consented before engaging in the activity and continues throughout the activity. It is not an excuse that the Respondent did not take reasonable steps, in the circumstances known at that time, to ascertain whether the complainant affirmatively consented.  Consent to some sexual contact (such as kissing or fondling) cannot be presumed to be consent for other sexual activity (such as intercourse).

The existence of consent is based on the totality of the circumstances, including the context in which the alleged incident occurred and any similar previous patterns that may be evidenced. 

In California, a minor (meaning a person under the age of 18 years) cannot consent to sexual activity. This means that sexual contact by an adult with a person younger than 18 years old may be a crime, and a potential violation of this policy, even if the minor wanted to engage in the act.

Education program or activity

Locations, events, or circumstances where Pacific Union College exercises substantial control over both the Respondent and the context in which the sexual harassment or discrimination occurs and also includes any building owned or controlled by a student organization that is officially recognized by the College.

Incapacitation

A state where someone cannot make rational, reasonable decisions because they lack the capacity to give knowing/informed consent (e.g., to understand the "who, what, when, where, why or how" of their sexual interaction).  A person cannot consent if s/he is unable to understand what is happening or is disoriented, helpless, asleep, or unconscious for any reason, including due to alcohol or other drugs. Incapacitation may also result from a temporary or permanent physical or mental health condition, involuntary physical restraint, and/or the consumption of incapacitating drugs.  

Some indicators of incapacitation include but are not limited to:

  • A lack of full control over physical movements (e.g., difficulty walking or standing without stumbling or assistance);
  • A lack of awareness of circumstances or surroundings (e.g., lack of awareness of where one is, how one got there, who one is with, or how or why one became engaged in a sexual interaction);
  • An inability to effectively communicate for any reason (e.g., slurring speech, difficulty finding word).
  • A person may appear to be giving consent without the capacity to do so, in which case, the apparent consent is not effective. 

If anyone has any doubt as to a partner's capacity to give consent, one would assume the partner is incapacitated.  It is not an excuse that the responding party was intoxicated and, therefore, did not realize the incapacity of the reporting party.

Investigation

An investigation is a formal review of all pertinent evidence related to an allegation of a violation of the College's Sex Nondiscrimination and Sexual Harassment Policy.  In an investigation process, the Title IX Coordinator will appoint one or more investigators to gather facts about an alleged violation of the Policy, providing an initial assessment of relevance, synthesizing the evidence, and compiling this information into an investigation report and file of directly related evidence.

Investigator

The person or persons charged by Pacific Union College with gathering facts about an alleged violation of this Policy, providing an initial assessment of relevance, synthesizing the evidence, and compiling this information into an investigation report and file of directly related evidence.

Mandated Reporter

An employee of Pacific Union College who is obligated by policy to share knowledge, notice, and/or reports of sex discrimination, sexual harassment, and/or retaliation with the Title IX Coordinator. Mandated Reporters include:

  • Faculty (including adjunct faculty);
  • Staff (including temporary employees;
  • Resident Assistants (RAs);
  • Student employees (other than RAs) when they are working. 

Notice

An employee, student, or third-party informs the Title IX Coordinator or other Official with Authority of the alleged occurrence of harassing, discriminatory, and/or retaliatory conduct.

Official with Authority (OWA)

An employee of the Recipient explicitly vested with the responsibility to implement corrective measures for sex discrimination, sexual harassment, and/or retaliation on behalf of the Recipient. PUC Officials with Authority include:  

  • the president, vice presidents, and associate vice presidents of the College;
  • Individuals listed by the College as Grievance Pool Advisors;
  • Director of Residential Life and all residence hall deans;
  • Campus Security employees;
  • Athletic Director and all coaching staff;
  • all academic department chairs and directors;
  • all program directors; and
  • all service department directors. 

Preponderance of Evidence

The greater weight of the evidence; a standard of proof by which the evidence provides credible truth that a policy violation is more probable to have been committed than not.  Used in the grievance and resolution procedures outlined in the Sex Nondiscrimination and Sexual Harassment Policy.

Prohibited Conduct

Supportive Measures

Non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the parties to restore or preserve access to the College's education program or activity, including measures designed to protect the safety of all parties or the College's educational environment, and/or deter harassment, discrimination, and/or retaliation. These actions may include, but are not limited to:

  • Referral to counseling, medical, and/or other healthcare services
  • Referral to the Employee Assistance Program
  • Referral to community-based service providers
  • Visa and immigration assistance
  • Student financial aid counseling
  • Education to the community or community subgroup(s)
  • Altering campus housing assignment(s)
  • Altering work arrangements for employees or student-employees
  • Safety planning
  • Providing campus safety escorts
  • Providing transportation accommodations
  • Implementing contact limitations (no contact directives) between the parties
  • Academic support, extensions of deadlines, or other course/program-related adjustments
  • No trespass directives
  • Timely warnings (as required by the Clery Act)
  • Class schedule modifications, withdrawals, or leaves of absence
  • Increased security and monitoring of certain areas of the campus
  • Any other actions deemed appropriate by the Title IX Coordinator