CWU Response to Sexual Misconduct Handbook

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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