Pacific Union College, a Seventh-day Adventist liberal arts college, is committed to maintaining a respectful learning and living environment that is free from sexual misconduct, domestic violence, dating violence and stalking. Acts of sexual misconduct, relationship violence and stalking in any form, regardless of the length of the relationship or gender of the individuals, are inconsistent with this commitment, strictly prohibited, and intolerable. Pacific Union College expects its students and employees to uphold biblical principles of morality and conduct. Nothing in this policy is intended or should be construed to waive or relinquish any constitutional or statutory rights PUC possesses as a nonprofit religious institution. Neither should this policy be construed to be a replacement or alternative for the criminal justice system.
This policy addresses PUC’s responsibilities regarding Title IX and the Violence Against Women Reauthorization Act of 2013; Sec 304. Title IX of the Educational Amendments of 1972 prohibits discrimination from educational programs and activities on the basis of sex (gender) in educational programs and activities that receive federal assistance. The Violence Against Women Reauthorization Act expects that colleges have procedures in place to respond to matters of sexual misconduct, domestic and dating violence and stalking (collectively, misconduct).
All members of the PUC community share in this responsibility to uphold this policy and, if found in violation of this policy, may be subject to disciplinary action. This includes all college students, faculty, and staff, other members of the College community, and to contractors, consultants, and vendors doing business or providing services to the College. This policy covers misconduct between a student and another College student, staff, or faculty regardless of whether the alleged misconduct occurred on- or off-campus or in online communications. In instances where misconduct is found to have occurred, the Title IX Coordinator will take appropriate steps to end such misconduct, prevent its recurrence, and remedy its effects.
Tanya Healy is the Title IX Coordinator for Pacific Union College. Contact: (707) 965-6226, thealy@puc.edu, Chan Shun Hall, office #106. Or, information can be sent directly to TitleIX@puc.edu. Online reports can be submitted by clicking on the following link: https://www.puc.edu/v/campus-services/student-life/sexual-misconduct-policy/title-ix-incident-reporting-form
Any inquiries regarding this policy or sex-based complaints regarding students, faculty, or staff, including sexual misconduct, domestic violence, dating violence and stalking, should be referred to the designated officials as follows:
Title IX Deputy Coordinators
Lunelle Bertress
Dean of Graf Hall, Women’s Residence
(541) 863-9540
lbertress@puc.edu
Jean Buller, Faculty, Department of Education
(707 965-7266
jbuller@puc.edu
Jaymie de la Torre, Assistant for Visual Arts
(707) 965-6604
jhdelatorre@puc.edu
Abram Fisher, Faculty, Department of
Business Administration & Economics
(707) 965-6521
afisher@puc.edu
Holly Jeske, Wellness Coordinator
(707) 965-6330
hjeske@puc.edu
Peter Katz, Faculty, Department of English
(707) 965-6611
pjkatz@puc.edu
Stacy Nelson, Director of Human Resources
(707) 965-6221
snelson@puc.edu
Crista Peterson, International Student Advisor
(707) 965-7362
cpeterson@puc.edu
Leah Turcotte, Athletics Trainer
(707) 965-6652
lturcotte@puc.edu
Residence Hall Deans
Ask for Dean on Duty
(707) 965-6313
External inquiries or reports can be made at any time to:
Office for Civil Rights (OCR)
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202-1100
Customer Service Hotline #: (800) 421-3481
Facsimile: (202) 453-6012
TDD#: (877) 521-2172
OCR@ed.gov
http://www.ed.gov/ocr
Equal Employment Opportunity Commission (EEOC)
http://www.eeoc.gov/contact
Consent can be communicated by word or action and must be mutually understandable. Consent to one form of sexual activity does not imply consent to other forms of sexual activity. Consent at one time does not imply consent to another time.
Effective Consent is informed and freely and actively given. It cannot result from force, threat, intimidation, coercion or incapacitation and cannot be given by minors, mentally disabled individuals, or individuals who are mentally or physically incapacitated (such as by alcohol or other drug use, etc.) – see Incapacitation.
Complainant refers to the individual who has been the recipient of a possible Sexual Harassment Policy violation.
Respondent refers to the individual who has been accused of violation of the Sexual Harassment Policy.
Force is the use of physical violence and/or imposing on someone physically to gain sexual access. Force also includes threats, intimidation (implied threats) and coercion.
Hazing includes, but is not limited to, any act directed toward an individual, or any coercion or intimidation of an individual to act or to participate in something which a reasonable person would perceive is likely to cause physical or psychological injury and where such act is a condition of initiation into, admission into, continued membership in, or association with any group, whether that group is a formal or informal entity. For more information see California Penal Code, 245.6.
Hostile Environment/Discriminatory Harassment involves unwelcome verbal or physical conduct based on race, color, religion, national origin, sex, gender identity, sexual orientation, age, genetic information, veteran status, or disability, when:
Incapacitation is when an individual lacks the physical and/or mental ability to make informed, rational judgments (e.g., to understand “who, what, when, where, why, or how” of their sexual interactions) and thus cannot give effective consent to sexual activity.
Incapacitation may be temporary or permanent and result from mental disability as well as states including, but not limited to, sleep, unconsciousness, blackouts resulting in memory loss, etc. Incapacitation may also occur in persons who appear to be functional or coherent, but still may not be able to make a rational decision or give effective consent.
The impact of consuming alcohol or drugs will vary from person to person. Evaluating incapacitation due to the use of substances requires an assessment of each individual. Warning signs that a person may be approaching incapacitation include slurred speech, vomiting, unsteady gait, odor of alcohol, combativeness, emotional volatility, etc.
Because incapacitation may be difficult to discern, students are strongly encouraged to err on the side of caution; when in doubt, assume the other person is incapacitated and therefore unable to give effective consent. Being intoxicated or impaired by drugs and alcohol is never an excuse for sexual misconduct and does not diminish one’s responsibility to obtain informed and freely-given consent.
Non-Consensual Sexual Contact is any intentional sexual touching that is without consent and/or by force –
Non-Consensual Sexual Penetration is any sexual intercourse that is without consent and/or by force –
Relationship Violence – Dating violence is defined as violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim, and where the existence of such a relationship shall be determined based on a consideration of the following factors:
Relationship Violence – Domestic violence is a pattern of abusive behavior that is used by an intimate partner to gain or maintain power and control over the other intimate partner. Domestic violence can be physical, sexual, emotional, economic, or psychological actions or threats of actions that influence another person. This includes any behaviors that intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure, or wound someone.
Sexual Assault/Sexual Violence is a particular type of sexual harassment that includes non- consensual sexual contact, non-consensual sexual intercourse, rape, or other physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent. Sexual assault/sexual violence includes, but is not necessarily limited to, physical assaults of a sexual nature, such as rape, sexual assault, sexual battery, domestic violence, dating violence, stalking, or attempts to commit these acts.
Sex Discrimination occurs when a distinction is made in favor of, or against, a person on the basis of sex rather than on individual merit. In an educational setting, this occurs when a distinction is made on the basis of sex that deprives a person of the ability to participate in or benefit from the College’s education program or activities.
Sexual Exploitation occurs when a student/employee takes non-consensual or abusive sexual advantage of another.
Examples of sexual exploitation and sexual misconduct include, but are not limited to the following:
Sexual Harassment is unwelcome, sex or gender-based, verbal or physical conduct that is
Examples of sexual harassment include, but are not necessarily limited to, unwelcome sexual advances, repeated propositions or requests for a sexual relationship to an individual who has previously indicated that such conduct is unwelcome, or sexual gestures, noises, remarks, jokes, questions, or comments about a person’s gender, sexuality or sexual experience. Sexual harassment may consist of repeated actions or may even arise from a single incident if sufficiently extreme. The complainant and the respondent may be of either gender and need not be of different genders.
Sexual Misconduct is any sexual penetration, sexual contact, sexual exploitation, or sexual harassment that occurs without the effective consent of all individuals involved.
Sexual Penetration/Intercourse includes: vaginal or anal penetration by a penis, object, tongue or finger, and oral copulation (mouth to genital contact or genital to mouth contact), no matter how slight the penetration or contact.
Stalking is defined as a pattern of repeated and unwanted attention, harassment, contact, or any other course of conduct directed at a specific person that would cause a reasonable person to feel fear for his/her safety or safety of others or suffer substantial emotional distress. Stalking is a crime and can be dangerous. California Penal Code section 646.9, in part, states, “Any person who willfully, maliciously, and repeatedly follows or willfully and maliciously harasses another person and who makes a credible threat with the intent to place that person in reasonable fear for his or her safety, or the safety of his or her immediate family, is guilty of the crime of stalking…” For more information: https://www.victimsofcrime.org/our-programs/stalking-resource-center/stalking-laws/criminal-stalking-laws-by-state/california.
Bystander Engagement/Intervention and Good Faith Reports (Amnesty Protection): The welfare of students in our community is of paramount importance. PUC wishes to facilitate a safe and caring campus climate for all good faith report of sexual misconduct, domestic and dating violence, and stalking. The College believes that bystanders (peers nearby) can play a key role in the prevention of misconduct. Thus, the College encourages students to offer help to others in need.
In an effort to remove fears and obstacles to reporting, victims or witnesses of misconduct, in the process of helping and making a report, who voluntarily report their own lesser violation of the Student Conduct Policies (such as alcohol consumption, curfew violations, etc.) will not typically receive disciplinary action related to the specific reported incident. To foster healing and growth, complainants and witnesses making good faith reports may be asked to engage in educational opportunities.
Initiating a Complaint: Students, faculty or staff who have a complaint against a student, faculty, staff member, or other individual involving allegations of harassment and discrimination, including but not limited to sexual misconduct, unwelcomed sexual advances, requests for sexual favors, and other verbal or physical conduct or communications constituting sexual harassment, and discrimination or harassment based upon one’s race, color, religion, national origin, age, genetic information, veteran status, or disability in violation of this policy should contact the Title IX Coordinator, a Deputy Coordinator or any trusted PUC faculty or staff member.In addition to contacting the Deputy Title IX Coordinator, individuals who have experienced sexual misconduct or other acts of relationship violence or sexual assault may contact the proper law enforcement authorities such as the local police department.
Pacific Union College is committed to investigating all possible violations of this policy about which the school knows or reasonably should know (also referred to in this policy as “alleged or suspected violations of this policy”), regardless of whether a complaint alleging a violation of this policy has been filed and regardless of where the alleged conduct occurred. The College’s ability to investigate in a particular situation, or the extent of the investigation in any given situation, may be affected by any number of factors, including whether the complainant is willing to file a complaint or to consent to an investigation, the location where the alleged conduct occurred, and the College’s access to information relevant to the alleged or suspected violation of this policy. The College is nonetheless committed to investigating all alleged and suspected violations of this policy to the fullest extent possible under the circumstances. At the same time, before a complainant reveals information (name of the accused, details, etc.), they should understand that only professional counselors, health service professionals, pastors and chaplains are able to retain confidentiality, and all other faculty and staff are required to notify the designated College officials.
Reporting: If you have a complaint against a student, faculty, staff member or other individual involving a suspected violation of this policy or of retaliation, you should contact the Title IX Coordinator, any Deputy Coordinator or any trusted faculty or staff member. Or you may file an online report by clicking on the following link: https://www.puc.edu/campus-services/student-services/sexual-misconduct-policy/title-ix-incident-reporting-form. Faculty and staff are required to report any suspected violations of this policy. Although there is no specific time limit for reporting a suspected violation of this policy, a student or employee who believes that he or she has been subjected to conduct that violates this policy is encouraged to contact the Title IX Coordinator, any Deputy Coordinator or any trusted faculty or staff member. Any complaints against the Title IX Coordinator should be directed to the PUC President, Dr. Robert Cushman. (707) 965-6211, bcushman@puc.edu.
Bodily Harm: If the Deputy Title IX Coordinator receives a report of relationship violence or assault involving bodily harm, the local law enforcement agency with jurisdiction over the College will be contacted. The victim of sexual assault also may choose to file a criminal complaint against the alleged perpetrator. Any pending criminal investigation or criminal proceeding may have some impact on the timing of the College’s investigation, but the College will commence its own investigation as soon as is practicable under the circumstances. The College reserves the right to commence and/or complete its own investigation prior to the completion of any criminal investigation or criminal proceeding.
Investigation: The Deputy Title IX Coordinator will begin an investigation in partnership with trained investigators and other College officials, as deemed appropriate by the College. The investigation phase will be completed within sixty (60) days of the filing of a complaint or the date on which the College becomes aware of a suspected violation of this policy.
As part of the investigation, the Investigator(s) will seek separate interviews with the complainant, the respondent, and any witnesses to the greatest extent possible. To help ensure a prompt and thorough investigation, complainants are encouraged to provide as much of the following information as much as possible, including the following:
The respondent also is encouraged to provide as much information as possible in connection with the investigation.
Interim Protective Measures: The College reserves the right to suspend or place on immediate administrative leave any member of the campus community respondent of violating this policy, or to take any other interim measures the College deems appropriate, pending the outcome of an investigation and/or disciplinary proceedings. Such interim measures can include, but are not limited to, placing an employee on paid or unpaid administrative leave, removing a student from campus housing and/or current classes, modifying course schedules, and issuing a “no contact” order, among many other remedies.
Prohibition Against Retaliation: Retaliation exists when action is taken against a participant in the complaint process that adversely affects the individual’s employment or academic status and is motivated in whole or in part by the individual’s participation, or lack thereof, in the complaint process.
No individual involved in a complaint alleging a violation of this policy or participating in the investigation or resolution of such a complaint shall be subject to retaliation as a result of such activity or participation. Any acts of retaliation, as defined in this policy, shall be grounds for disciplinary action, up to and including expulsion/dismissal for students and termination/dismissal for faculty and staff.
Confidentiality: To the extent permitted by law, the confidentiality of all parties involved in the resolution of alleged or suspected violations of this policy will be observed, provided that it does not interfere with the College’s ability to conduct an investigation and take any corrective action deemed appropriate. While confidentiality cannot be guaranteed, care will be taken to keep investigation discussions appropriately limited to protect the complainant’s identity when requested.
Reported Complaint Resolution Process
Equity Resolution Process—All complaints will, in general, utilize the following steps. Sequence flexibility of steps may be necessary, depending on circumstances. These steps are subject to modification if needed.
This process may be changed for reasons including, but not limited to, the following:
Sexual Misconduct Hearing Process
The hearing process applies when either the complainant or the respondent requests, when investigators determine resolution is best served by a hearing, or in any matter when the College deems appropriate (e.g. termination, separation from the institution). The hearing process is outlined below:
Individuals have the right to appeal in writing a Sexual Misconduct Hearing Process decision to the Title IX Coordinator within (7) days of receipt of a written outcome from the Hearing Process Chair. The appeals process is outlined below:
Complainant and respondent parties shall be provided with the following in connection with any hearing or other proceeding used to reach a decision regarding whether any violation of this policy has occurred.
Rights of Complainant are
Rights of Respondent are
Sanctions/Discipline/Corrective Action. Any violation of this policy involving students or faculty and staff of the College is subject to the Policy and Procedures as stated in this document. The College will take reasonable steps to prevent the recurrence of any sexual misconduct, relationship violence, or stalking and to remedy the effects on the complainant (and others, if appropriate).
Examples of the range of potential sanctions/corrective actions that may be imposed with respect to students may be found in the Student Handbook and any related policies set forth in the College’s catalog or Student Life Agreement. Comparable information with respect to employees can be found in the Faculty Handbook and in the Human Resources documents of the College. The College also may take any other corrective action that it deems appropriate under the circumstances.
Alcohol or Drugs. Use of alcohol or drugs will never function as a defense for any behavior that violates this policy.
Students who are found to have violated this policy will be subject to disciplinary action up to and including expulsion or dismissal and with the additional provisions set forth in the “Rights” section of this policy.
Faculty and staff (employees) who are found to have violated this policy will be subject to disciplinary action up to and including discharge or termination and with the additional provisions set forth in the “Rights” section of this policy.
Guests and other third parties who are found to have violated this policy will be subject to corrective action deemed appropriate by the College, which may include removal from the campus(es) and termination of any applicable contractual or other arrangements.
When disciplinary action is unable to be pursued by the College in response to an alleged violation of this policy because a complainant insists on confidentiality, or for some other reason, steps to limit the effects of such conduct and to prevent its recurrence will be pursued by the College.
Pacific Union College has several available avenues for education and prevention of sexual misconduct, relationship violence, and stalking for the campus community.
Bystander Intervention
Awareness and Education
Student Preventive Education
Campus-wide education, prevention, awareness, risk-reduction and empowerment
Campus Clarity, Think About It, online education for students Wellness programming and self-defense training
Video Presented or Available as Resources
Employee Training
Copyright © 1996-2019 Pacific Union College | All Rights Reserved.