CWU Response to Sexual Misconduct Handbook

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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