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.
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)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.
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.
In order to make informed choices, it is important to be aware of and understand the difference between confidentiality and privacy when consulting campus resources and considering disclosing an incident. On campus, some resources may maintain confidentiality – meaning they are not required to report actual or suspected discrimination or harassment to appropriate college officials – thereby offering options and advice without any obligation to inform the Title IX Office unless a Complainant has requested information to be shared.
Confidentiality indicates a privileged service whereby information disclosed to the service provider cannot be shared with others. Confidential services exist on campus within the context of privileged communication laws related to those who provide services in medical and clinical care, mental health, and ordained clergy-based counseling.
When information is shared with a Confidential Resource, the Confidential Resource cannot reveal the information to any third party except when an applicable law or a court order requires or permits disclosure of such information. For example, information may be disclosed when: (i) the individual gives written consent for its disclosure; (ii) there is a concern that the individual will likely cause serious physical harm to self or others; or (iii) the information concerns conduct involving suspected abuse or neglect of a minor under the age of 18, elders, or individuals with disabilities. Non-identifiable information may be shared by Confidential Resources for statistical tracking purposes as required by the federal Clery Act. Other information may be shared as required by law.
The College has deemed the following employees as confidential resources: therapists and staff at the Career and Counseling Center; health service providers and staff at Health Services; and the Campus Chaplain.
Confidential employees not acting within the scope of their confidential positions are not considered a confidential resource. For example, if a confidential resource has been contracted to teach a class for an academic department, while they are acting within their role as an instructor, they are considered at that point in time to be a mandated reporter.
Privacy protects information to the fullest extent possible, and every effort is made by PUC to preserve the privacy of reports. PUC will not share the identity of any individual who has made a report or complaint of sex discrimination, sexual harassment, and/or retaliation; any Complainant, any individual who has been reported to be the perpetrator of sex discrimination, any Respondent, or any witness, except as permitted by the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. 1232g; FERPA regulations, 34 CFR part 99; or as required by law; or to carry out the purposes of 34 CFR Part 106, including the conducting of any investigation, hearing, or grievance proceeding arising under these policies and procedures.
In order to provide supportive measures or go through a grievance process, a small group of officials will need to know about the complaint. This group may include but is not limited to: Student Life, CARE Team, and Public Safety. Information will be shared as necessary with Investigators, Hearing Panel members, witnesses, and the parties. The circle of people with this knowledge will be kept as tight as possible to preserve the parties' rights and privacy.
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.
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.
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.
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.
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.
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.
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;
- Public Safety 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.
Unreasonable pressure for sexual activity. Coercive conduct differs from seductive conduct based on factors such as the type of and/or extent of the pressure someone uses to obtain consent from another. When someone makes clear to you that they do not want sex, that they want to stop, or that they do not want to go past a certain point of sexual interaction, continued pressure beyond that point can be coercive.
Actions that deny, deprive, or limit the educational or employment and/or social access, benefits, and/or opportunities of any member of the College community, guest, or visitor on the basis of that person's actual or perceived sex or gender is in violation of the PUC Sex Nondiscrimination and Sexual Harassment Policy.
Discriminatory harassment is defined as unwelcome conduct by any member or group of the community on the basis of actual or perceived sex or gender.
- Hostile Environment: A hostile environment is one that unreasonably interferes with, limits, or effectively denies an individual's educational or employment access, benefits, or opportunities. This discriminatory effect results from harassing verbal, written, graphic, or physical conduct that is severe or pervasive and objectively offensive.
The use of physical violence and/or imposing on someone physically to gain sexual access. Force also includes threats, intimidation (implied threats), and coercion that overcome resistance or produce consent ("Have sex with me or I'll hit you." "Okay, don't hit me, I'll do what you want.").
Adverse action taken against a person participating in a protected activity because of their participation in that protected activity. A materially adverse action by intimidating, threatening, coercing, harassing, or discriminating against any individual for the purpose of interfering with any right or privilege secured by law or policy, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under this policy and procedure.
Sexual harassment is an umbrella category including the offenses of sexual assault, stalking, and dating violence and domestic violence as well as an underlying category of prohibited conduct.
- Sexual Assault: Sex offenses, both forcible and non-forcible, as defined by the Clery Act.
- Sex Offenses, Forcible: Any sexual act directed against another person without the consent of the Complainant, including instances in which the Complainant is incapable of giving consent.
- Forcible Rape: penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the Complainant.
- Forcible Sodomy: Oral or anal sexual intercourse with another person, forcibly, and/or against the person's will in stances in which the Complainant is incapable of giving consent because of age (in California, the age of consent is 18) or because of temporary or permanent mental or physical incapacity.
- Sexual Assault with an Object: The use of an object or instrument to penetrate, however slightly, the genital or anal opening of the body of another person, forcibly, and/or against that person's will (non-consensually), or not forcibly or against the person's will in instances in which the Complainant is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacity.
- Forcible Fondling: The touching of the private body parts of another person (buttocks, groin, breasts) for the purpose of sexual gratification, forcibly, and/or against that person's will (non-consensually), or not forcibly or against the person's will in instances in which the Complainant is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacity.
- Sex offenses, Non-forcible:
- Incest: Non-forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by California law.
- Statutory Rape: Non-forcible sexual intercourse, with a person who is under the statutory age of consent of 18.
- Dating Violence: Violence committed by a person who is in or has been in a social relationship of a romantic and/or intimate nature with the Complainant. The existence of such a relationship shall be determined based on the Complainant's statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. For the purposes of this definition—dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse. Dating violence does not include acts covered under the definition of domestic violence.
- Domestic Violence: Violence committed by a current or former spouse or intimate partner of the Complainant, by a person with whom the Complainant shares a child in common, or by a person who is cohabitating with, or has cohabitated with, the Complainant as a spouse or intimate partner, or by a person similarly situated to a spouse of the Complainant under the domestic or family violence laws of California or by any other person against an adult or youth Complainant who is protected from that person's acts under the domestic or family violence laws of California. To categorize an incident as Domestic Violence, the relationship between the Respondent and the Complainant must be more than just two people living together as roommates. The people cohabitating must be current or former spouses or have an intimate relationship.
- Sexual Harassment: Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the College's education program or activity.
- Stalking: Engaging in a course of conduct, on the basis of sex, directed at a specific person, that would cause a reasonable person to fear for the person's safety, or the safety of others; or suffer substantial emotional distress. For the purposes of this definition—course of conduct means two or more acts, including, but not limited to, acts in which the Respondent directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person's property. Reasonable person means a reasonable person under similar circumstances and with similar identities to the Complainant. Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily require medical or other professional treatment or counseling.
- Quid Pro Quo: Unwelcome solicitation of an individual's participation in sexual conduct by an employee of Pacific Union College as a condition for the provision of an aid, benefit, or service of the College.
Taking non-consensual or abusive sexual advantage of another for their own benefit or for the benefit of anyone other than the person being exploited, and that conduct does not otherwise constitute sexual harassment under this policy. Examples of Sexual Exploitation include, but are not limited to:
- Sexual voyeurism (such as observing or allowing others to observe a person undressing or using the bathroom or engaging in sexual acts, without the consent of the person being observed).
- Invasion of sexual privacy.
- Taking pictures, video, or audio recording of another in a sexual act, or in any other sexually-related activity when there is a reasonable expectation of privacy during the activity, without the consent of all involved in the activity, or exceeding the boundaries of consent (such as allowing another person to hide in a closet and observe sexual activity, or disseminating sexual pictures without the photographed person's consent), including the making or posting of revenge pornography. Sharing pictures, video, or audio recording previously taken with consent for a partner's eyes only.
- Prostituting another person.
- Engaging in sexual activity with another person while knowingly infected with human immunodeficiency virus (HIV) or a sexually-transmitted disease (STD) or infection (STI), without informing the other person of the infection.
- Causing or attempting to cause the incapacitation of another person (through alcohol, drugs, or any other means) for the purpose of compromising that person's ability to give consent to sexual activity, or for the purpose of making that person vulnerable to non-consensual sexual activity
- Misappropriation of another person's identity on apps, websites, or other venues designed for dating or sexual connections
- Forcing a person to take an action against that person's will by threatening to show, post, or share information, video, audio, or an image that depicts the person's nudity or sexual activity.
- Knowingly soliciting a minor for sexual activity.
- Engaging in sex trafficking
- Creation, possession, or dissemination or child pornography
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