RESPONSE TO SEXUAL MISCONDUCT Know Your Rights and Options
Civil Rights Compliance: cwu.edu/civil-rights-compliance
Central Washington University’s RESPONSE TO SEXUAL MISCONDUCT: Know Your Rights and Options Civil Rights Compliance cwu.edu/civil-rights-compliance
TABLE OF CONTENTS Introduction What is Sexual Misconduct? Definitions What is Consent? Reporting Sexual Misconduct and Confidentiality Confidential Resources Non-Confidential/Private Resources and Reporting Requesting Confidentiality Protecting Student Privacy in Public Records Resources Confidential Resources On and Off-Campus Non-Confidential/Private Resources On- Campus Following a Sexual Misconduct Disclosure or Report Supportive Measures Sexual Misconduct Reporting and Response Workflow Sexual Misconduct Investigation and Outcomes Timeline Process Retaliation Procedural Rights How Decisions Are Made Potential Sanctions Reporting to Law Enforcement and Legal Interventions Preservation of Evidence Contacting Law Enforcement Protective and No-Contact Orders University Issued No-Contact Orders for Students
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Introduction Central Washington University (CWU), in compliance with the Clery Act, including amendments by the Violence Against Women Reauthorization Act of 2013, has prepared this guide for University community members who have been impacted by acts or reports of sexual misconduct. Sexual misconduct is a form of prohibited sex discrimination which violates University policy, as well as state and federal law, including but not limited to Title IX, Title VII of the Civil Rights Act of 1964 and RCW 49.60. This booklet is intended to provide detailed information about reporting options and what to expect from the University’s response to reports of sexual misconduct. University community members are encouraged to contact the Title IX Coordinator if they have questions, using the contact information on page 8.
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Anyone seeking assistance, whether for themselves or someone they are concerned about, is strongly encouraged to contact a confidential resource first. Confidential resources can be a good starting point because they can outline the various reporting options and resources available, without the responsibility to report to the Title IX Coordinator. For more information about confidential resources, please review “Confidential Resources On and Off-Campus” on pages 6-7.
This publication is inspired by University of North Carolina- Charlotte’s Interpersonal Violence Resources Guide.
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Who Can Help? Sexual Misconduct Resources and Reporting
What is Sexual Misconduct? Sexual Misconduct is a broad term that includes acts of sexual violence, sexual harassment, domestic violence, dating violence, and stalking.
Confidential Resources If a University community member wants to discuss an experience of sexual misconduct with someone who does not have a responsibility to report the incident to the Title IX Coordinator, they may utilize the confidential services listed on pages 6-7 to get support and learn about the range of options available to them. Disclosure of sexual misconduct to many members of the University community, professional staff and faculty that are not specifically designated as confidential, will require the incident to be reported to the Title IX Coordinator. The Title IX Coordinator will work with the Reporting Party and/or Third-Party Reporter to discuss their rights, options, and resources, as well as the formal complaint process, investigative options, and resolution options, if appropriate. Reports of sexual misconduct can also Non-Confidential/Private Resources and Reporting be made to local law enforcement or through the Concern and Support reporting form . If you are uncomfortable with initiating an investigative and/or resolution process, consider contacting a confidential resource first, listed on pages 6-7. Requesting Confidentiality- Documenting Complaint Only and Not Proceeding If a University community member has reported to a non-confidential resource but wants the report to remain private and/or does not want to proceed with an investigative and/or resolution process, they can request confidentiality to the Title IX Coordinator.
Stalking Stalking is a course of conduct directed at a specific person that would cause a reasonable person to fear for their safety or the safety of others or suffer substantial emotional distress. For additional information and detailed definitions of prohibited sexual misconduct for University community members, please refer to the Title IX Grievance Procedure (CWUR 3-45-061) , Sexual Harassment Policy (CWUP 2-35-050) , CWU Student Conduct Code (WAC 106-125) , and Domestic Violence and the Workplace Policy (CWUP 2-30-040) . What is Consent? Consent means knowing, voluntary, and clear permission by words or actions, by all involved parties to engage in (or continue engaging in) sexual activity. Any party can withdraw consent at any time and each party has the responsibility to make certain that the other has consented before and while engaging in the sexual activity. A person cannot consent if they are unable to understand what is happening (i.e., physical or mental incapacitation) or are disoriented, helpless, asleep or unconscious for any reason, including due to alcohol or other drugs.
CWU aims to protect the privacy of the Complainant to the fullest extent possible, but confidentiality may limit the University’s ability to respond to the allegations and address the misconduct. In many cases, the Title IX Coordinator can honor a request for confidentiality; however, several factors must be weighed during this determination to ensure that the University is maintaining a safe and nondiscriminatory environment for all members of the University community. For more information about requesting confidentiality, see the Title IX Grievance Procedure (CWUR 3-45-061) , Student Discrimination Complaint Procedures (CWUR 3-45-010) , and Discrimination Complaint and Resolution Policy (CWUP 2-35-070) . Protecting Student Privacy in Public Records Identifying information about the incident and any involved students are a part of the student’s “education” record under the Federal Education Rights and Privacy Act (FERPA); therefore, documentation about sexual misconduct incidents is generally protected from public disclosure. Limited information may be disclosable if the Respondent is found responsible for certain policy violations. For more information on FERPA or institutional record keeping, please contact Central Washington University’s Office of Business Services : (509) 963-2310. If sexual misconduct is reported that happened on-campus, as well as University owned or controlled property, the University is required to include that statistic in the Annual Security and Fire Safety Report , compiled by University Police and Public Safety.
Dating violence, domestic violence, sexual assault, sexual harassment, and stalking are all criminal offenses under Washington state law, even though they may be referred to by different names. At CWU, all forms of sexual misconduct are prohibited. Dating Violence and Domestic Violence Dating and domestic violence is physical violence, the infliction of fear of imminent physical harm, sexual assault, or stalking committed by a member or members of a romantic or intimate partnership against another partner, which can include household members as well as former spouses and Sexual assault is actual or attempted sexual intercourse or sexual contact without the consent of all involved parties (e.g., nonconsensual sexual intercourse or contact). Sexual Harassment Sexual harassment is unwelcome conduct of a sexual nature, that creates an intimidating, hostile, or offensive environment, including but not limited to unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature, as well as quid pro quo harassment. intimate partners. Sexual Assault
Sex discrimination and sexual misconduct can affect and be perpetrated by people of any social identity, including but not limited to sex, gender identity and expression, sexual or romantic orientation, race, ethnicity, and ability.
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Confidential Resources On and Off-Campus
The resources below are confidential, meaning a report will not be made to the Title IX Coordinator or law enforcement. Confidential resources will share information per your wishes except in situations of immediate threat or danger, as well as abuse of a minor or elder. Confidential resources only available to current students are indicated.
The resources included below are not inclusive of all possible resources available and should be used as a starting point for individuals seeking information and support.
ASPEN Victim Advocacy Services 220 W. 4th Ave Ellensburg, WA 98926
Kittitas Valley Healthcare 603 S. Chestnut St. Ellensburg, WA 98926 509-962-9841 Information shared by a medical patient is confidential and not shared unless there is an immediate threat of serious harm to self or others. Sexual Assault Nurse Examiners (SANE) can provide forensic medical exams to collect any physical or documentary evidence. University community members can receive any need medical assistance, including treatment for injuries, as well as preventative treat for STIs and pregnancy testing.
P.A.T.H. (Prevention- Advocacy-Training-Healing) Wellness Center, SURC 256 CWU Ellensburg Campus 509-963-3213
Student Health Services Corner of 11th and Poplar CWU Ellensburg Campus 509-963-1881 Information shared by a medical
Business Hours Line- 509-925-9384 24-hour Crisis Line- 866-925-9384 ASPEN is a local, 24-hour confidential community resource (not affiliated with CWU) that provides free legal advocacy, access to free counseling information, and opportunities to work with advocates trained to address the needs of individuals who have been the recipients of sexual assault, dating or domestic violence, and/or stalking.
patient is confidential and not shared unless there is an immediate threat of serious harm to self or others. Student Health Services can provide Plan B, STI and pregnancy testing, and partner treatment to students via appointment or phone. All Student Health Services providers assist with access to other campus and community resources.
P.A.T.H. in the Wellness Center offers a confidential starting point for students impacted by sexual assault, dating or domestic violence, stalking, and/or related concerns. P.A.T.H. confidential advocacy provides confidential and immediate support and assistance to students and can help with connections to additional campus and/or community resources, based on the students’ needs and requests. Student Counseling Services Black Hall, Suite 225 CWU Ellensburg Campus 509-963-1391 Information shared by a counseling client is confidential and not shared unless there is an immediate threat of serious harm to self or others. Student Counseling Services provides information, advocacy, and support to students via appointment, drop-in, or by phone. Student Counseling Services providers assist with access to other campus and community resources.
CWU Centers-Local Confidential Resources Each CWU Center campus will have varied local resources, including closest medical care or emergency room, law enforcement agencies, and victim advocacy services. Please utilize local information or crisis services (e.g.; rape crisis, victim advocacy, domestic violence shelter) for resources specific to your area. If you need assistance finding or understanding local resources specific to sexual violence or misconduct, please contact P.A.T.H. or Civil Rights Compliance.
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Non-Confidential/Private Resources On-Campus
Following a Sexual Misconduct Disclosure or Report
Central Washington University is committed to providing a learning, working, and living environment where every community member is comfortable reporting incidents of sexual misconduct. The University encourages community members to report incidents promptly so that we can address the impact of the incident(s), as well as provide appropriate resources and assistance, as quickly as possible. The University’s highest concern is for the safety, health, and well-being of all involved parties and members of the University community. From modifications to academic and/or work schedules, to referrals to resources on and off-campus, the University can assist community members by providing various supportive measures. Any time the University receives a report of sexual misconduct, the Title IX Coordinator will initiate outreach to the Reporting Party and/or Third-Party Reporter regarding the report. There are many reasons why a member of the University community may choose not to engage with the Title IX Coordinator. Responding to the Title IX Coordinator is optional for the Reporting Party. In those cases, the University encourages community members to seek resources and supportive measures through confidential resources both on and off-campus, outlined on pages 6-7. Supportive Measures Once an incident has been reported, the Title IX Coordinator will arrange for supportive measures for the Complainant as needed. Supportive measures also may be implemented by the Title IX Coordinator or appropriate office to protect the safety of all University community members, as well as deter retaliation and prevent the reported behavior from reoccurring. Supportive measures can be arranged or implemented by the University whether a formal complaint has been made, as well as whether the report is resolved informally or formally. If notice of an investigation and/or resolution process is provided to both the Complainant and the Respondent, all involved parties may receive supportive measures, both during and after an investigative process or determination of responsibility. Support measures are individualized to each involved party and the University must comply with reasonable requests for supportive measures. University community members can receive supportive measures even if the other involved party is not a current member of the University community. If reasonably available, supportive measures include, but are not limited to: • Access to counseling services, medical assistance, or victim advocacy assistance • Modifications to work or class schedules • Modifications to on-campus living arrangements • Transportation accommodations or assistance • Campus escorts • University no-contact orders and trespass from specific areas or buildings
The resources below are private and are NOT confidential, which means that a report will be made to the Title IX Coordinator. Regardless of the CWU Campus location of the Reporting Party or Third-Party Reporter, the following University resources provide support and response for all members of the University community. Information will only be shared with relevant campus partners to coordinate support and assistance.
Civil Rights Compliance John MacArthur, Title IX Coordinator Laura Brant, Deputy Title IX Coordinator Barge 204 CWU Ellensburg Campus 509-963-2050 The Title IX Coordinator is responsible for processing and responding to all reports of sexual misconduct. The Title IX Coordinator will work with the Complainant, Respondent, and/or Third- Party Reporter to discuss their rights, options, and resources- further outlined on pages 9-13. Human Resources Mitchell Building- 1st Floor CWU Ellensburg Campus 509-963-1202 Human Resources collaborates with the Title IX Coordinator in their response to reports of sexual misconduct involving employees, including student employees, faculty, and staff. Office of Student Rights and Responsibilities Bouillon 205 CWU Ellensburg Campus 509-963-1817 The Office of Student Rights and Responsibilities (OSRR) collaborates with the Title IX Coordinator in their response to reports of sexual misconduct involving students.
University Police and Public Safety 1211 N Wildcat Way CWU Ellensburg Campus
509-963-2959 Emergency- 911 After Hours Non-Emergency- 509-925-8534
If appropriate, University Police and Public Safety may collaborate with the Title IX Coordinator, or appropriate office, in their response to reports of sexual misconduct involving any University community member. For more information about reporting sexual misconduct to law enforcement, please review “Reporting to Law Enforcement and Legal Interventions” on pages 13-15.
Any member of the University community may file a complaint with local law enforcement agencies by dialing 911 or contacting local law enforcement directly, especially in instances of immediate threat or danger.
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Sexual Misconduct Reporting and Response Workflow
Following a Sexual Misconduct Disclosure or Report
Sexual Misconduct Investigation and Outcomes At CWU, all forms of sexual misconduct are prohibited. Dating violence, domestic violence, sexual assault, sexual harassment, and stalking are all prohibited conduct for University community members under the Title IX Grievance Procedure (CWUR 3-45-061) , Sexual Harassment Policy (CWUP 2-35-050) , CWU Student Conduct Code (WAC 106-125) , and Domestic Violence and the Workplace Policy (CWUP 2-30-040) .Other sexual misconduct prohibited under these policies includes intimate partner violence, sexual exploitation, sexual violence, statutory rape, and incest. Therefore, if potential sexual misconduct is reported, an investigative and resolution process can occur. The investigative and resolution process used to address the reported sexual misconduct will differ depending on which policy applies to the alleged misconduct, but the information provided in this section is true for all policies that address sexual misconduct at CWU. If a Reporting Party wants the reported sexual misconduct to remain private and/or does not want to proceed with an investigative and resolution process, they can request confidentiality to the Title IX Coordinator or appropriate office (see “Requesting Confidentiality on page 5 for additional information). In certain situations, depending on the severity and risk involved, the University has an obligation to respond to the alleged misconduct and to remedy its effects. Timeline When a sexual misconduct report is received, the University will respond in a timely and equitable manner. Circumstances, such as investigating multiple incidents over time or challenges around availability of those involved, may impact the timeliness of the investigative and resolution processes. Both involved parties will be notified, through written notice, of temporary delays or extensions to the investigative and resolution processes. Additionally, allowances for temporary delays and extensions, at the request of the involved parties, will be made if good cause shown.
After a Report to Title IX Coordinator
Outreach to complainant or Third-Party Reporter
Discuss and Implement Supportive Measures
Discuss Resolution Options
Resolution Options
Documentation Only
Informal Resolution
Formal Resolution
Formal Resolution Flowchart
Civil Rights Compliance
• Outreach* • Support Measures • Investigation
Human Resources (Employee Respondent) OR Office of Student Rights and Responsibilities (Student Respondent)
• Hearing • Outcome • Appeal
* Each element (bullet point) after Outreach is not required and may or may not occur due to the nature of the incident.
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Following a Sexual Misconduct Disclosure or Report
Potential Sanctions A student respondent found responsible for sexual misconduct may receive discipline up to and including dismissal from CWU. A description of other possible disciplinary sanctions and conditions that may be imposed against students can be found in CWU Student Conduct Code (WAC 106-125-030) under “Disciplinary Sanctions”. An employee respondent found responsible for sexual misconduct may receive discipline up to and including dismissal from employment. A description of possible disciplinary sanctions and conditions that may be imposed against employees can be found in the applicable CWU employment policies and collective bargaining agreements. Reporting to Law Enforcement and Legal Interventions
Process Under appropriate circumstances and if the involved parties agree to participate, a University official may be able to facilitate an informal resolution between involved parties. In some cases, informal resolution may not be appropriate and will not be considered. An informal resolution is completely voluntary and does not require the involved parties to meet face to face. If an investigative process is initiated through the Title IX Coordinator or appropriate office, an investigator will contact and meet with each involved party separately to gather facts around the reported incident. The investigator will also meet with relevant witnesses as well as gather evidence related to the reported incident. All University officials involved in sexual misconduct investigative and resolution processes receive annual training on those processes as well as specialized training around sexual misconduct. These officials include, but are not limited to, the Title IX Coordinator, investigators, hearing officers or hearing panel members, University appointed advisors of choice, and appellate officers. For more information about investigative and resolution processes, please review the Title IX Grievance Procedure (CWUR 3-45-061) , CWU Student Conduct Code (WAC 106-125) , Student Discrimination Complaint Procedures (WAC 3-45- 010) , and Discrimination Complaint and Resolution Policy (CWUP 2-35-070) . Retaliation CWU prohibits retaliation against those who report sexual misconduct, those who otherwise participate in an investigative and/or resolution process, as well as those who are thought to
have reported sexual misconduct or participated in an investigative and/or resolution process. Procedural Rights Throughout the process, all involved parties are entitled to equitable rights and opportunities, including but not limited to having: • Notice of the allegations, initiation of investigation, and outcome of a formal resolution process • An advisor of choice present at any investigative meetings or hearings • The opportunity to provide information related to the reported incident(s)
• The University encourages community members to go to the emergency room of local hospitals and request a Sexual Assault Nurse Examiner (SANE). The SANE will conduct a forensic examination as well as collect physical and documentary evidence. Requesting a SANE and completing an examination does NOT mean that you must file a police report. Evidence can be anonymously preserved for a set period if you decide you want to use it later. • The Washington State Crime Victim’s Compensation Program may be able to cover all, if not most, medical costs when a crime is reported to the police and fulfills other program requirements. In all cases of sexual misconduct, University community members are encouraged to preserve other evidence, including but not limited to handwritten or electronic communications and photographs of the incident or physical injuries. If you are willing and able, document everything you can recall about the
Preserving Evidence If someone has recently experienced sexual misconduct, the University encourages community members to preserve evidence even if you are unsure about reporting to the University or filing criminal charges. Preserving physical and documentary evidence is important as it may assist in obtaining a protective order or proving that an incident occurred in criminal case or University investigative process. Please consider taking the following steps to preserve evidence, if appropriate: • Avoid drinking, bathing, showering, brushing your teeth, using mouthwash, or combing your hair. • Avoid changing your clothes. If you have already changed your clothes, place your clothing and other items (sheets, blankets) in a brown paper bag. • You should seek medical assistance within 72 hours of the incident so that any physical evidence can be preserved. Medical assistance can include treatment for injuries, as well as preventative treat for STIs and pregnancy testing.
• The opportunity to appeal the outcome of a formal resolution process
University community members who are accused of violating relevant University policies are called “Respondents.” Respondents shall be presumed not responsible for alleged sexual misconduct until the appropriate investigative and resolution process has come to a close and a determination of responsibility is reached. How Decisions are Made Prior to imposing disciplinary or corrective action, the University is responsible for gathering and presenting evidence to determine responsibility using the preponderance of the evidence standard. A preponderance of the evidence means that it is more likely than not that the Respondent is responsible or not responsible for relevant policy violation(s). Human Resources and the Office of Student Rights and Responsibilities oversee decision-making, which is outlined on the page 10 workflow.
sexual misconduct incident as you are able to recall it.
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Contacting Law Enforcement
CWU Centers-Local Law Enforcement and Legal Intervention Resources
Any University community member that has experienced sexual misconduct has various options regarding contacting law enforcement: 1. You can choose not to notify law enforcement. You can utilize any of the confidential resources on pages 6-7 if you are unsure about whether to report to law enforcement and want to learn more. 2. You can utilize any of the confidential or non-confidential resources on pages 6-8 to receive assistance in notifying appropriate law enforcement agencies. If you choose to notify appropriate law enforcement agencies, a university or community confidential advocate can be present for support during any meetings with law enforcement. 3. You can also contact the law enforcement agencies listed below to report sexual misconduct, anonymously or formally, and may be directed to another law enforcement agency that has jurisdiction over the incident. Jurisdiction is dependent upon where an incident occurred and/or where the involved parties reside. The law enforcement agency may provide you with University or local resources following your report. University Police and Public Safety stands by their Sexual Assault Response Commitment when working with members of the University community reporting sexual misconduct. University Police and Public Safety, as well as other law enforcement agencies, will provide the option to have a victim advocate respond to provide support as well as additional information about victim rights and resources. For more information about assistance in making a report to law enforcement, contact University Police and Public Safety and/or P.A.T.H. in the Wellness Center. If you choose to file a police report, the officer will ask for detailed information about the sexual misconduct being reported, including but not limited to a written statement and information about any other involved party/parties. If the officer is aware that the reporting party is a member of the University community, a formal report may also be submitted to the Title IX Coordinator if appropriate. Any member of the University community may file a complaint with local law enforcement agencies by dialing 911 or by contacting their local law enforcement directly, especially in instances of immediate threat or danger.
Protective and No-Contact Orders In Washington State, courts issue a variety of protective and no-contact orders to increase protections for people affected by different forms of violence. An example of this is a civil protection order, issued by an individual’s request (petitioner) who has experienced domestic or dating violence by an identified respondent. Protective and no-contact orders may require an individual to abstain from all types of contact with the petitioner and can include the requirement that the respondent stay a specific distance away from the petitioner, or not be allowed to enter a petitioner’s residence, school, workplace, etc. There are also orders that cover sexual assault, stalking, harassment, and pending criminal investigations. For more information about the types of court-issued orders available, and for assistance with the process of obtaining a court-issued order, please contact P.A.T.H. in the Wellness Center, ASPEN, or your local victim advocacy services. University community members who have active, temporary, or permanent protective or no- contact orders through the court can receive assistance by contacting University Police or Public Safety as well as their local law enforcement agency and providing the agency with a copy of the order. University Issued No-Contact Orders Civil Rights Compliance and/or the Office of Student Rights and Responsibilities can help facilitate a no-contact order for members of the University community, if both parties are affiliated with the University. A no-contact order is a University order that prohibits any and all forms of communication between the involved parties, including but not limited to purposefully going to places/locations where the other involved party frequents, phone and electronic communication, and contact through third parties. Please contact your local law enforcement, as well as your local information line or crisis line, for resources and assistance specific to your area. If you need assistance finding or understanding local resources specific reporting to law enforcement and/or legal intervention, please contact University Police and Public Safety and/or P.A.T.H. in the Wellness Center.
University Police and Public Safety 1211 N Wildcat Way CWU Ellensburg Campus 509-963-2959 Emergency - 911 After Hours Non-Emergency - 509-925-8534
Ellensburg Police Department 100 N. Pearl St., Ellensburg
509-962-7280 Emergency- 911
Kittitas County Sheriff’s Office 307 W. Umptanum Rd., Ellensburg
509-962-7525 Emergency- 911
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16 CWU is an EEO/AA/Title IX Institution. For accommodation email: DS@cwu.edu. • 2023-CS981-RN
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