Sexual Misconduct Policy

Updated July 2015

Student Sexual Misconduct Policy and Procedures Contents

Policy

Procedures


Policy Introduction

Members of Pacific University community, guests and visitors have the right to be free from sexual harassment, violence, and discrimination. All members of the Pacific University community are expected to conduct themselves in a manner that does not infringe upon the rights of others. The Pacific University sexual misconduct policy has been developed to reaffirm this expectation and to provide recourse for those individuals whose rights have been violated.
Pacific University is committed to providing a learning environment that affirms the dignity and inherent worth of every member of the student community. The Student Code of Conduct (Code) is an overarching set of regulations and procedures designed to protect and foster such a learning environment, and includes within it this Student Sexual Misconduct Policy.

Pacific University maintains a policy of zero tolerance for sexual misconduct regardless of the sexual orientation or gender identity of individuals. Zero tolerance means Pacific University will take steps to address all unwelcome conduct of a sexual nature and will impose sanctions on anyone who violates this policy. Resolution by Pacific University is intended to help bring an end to harassing or discriminatory conduct, prevent recurrence and address the effects on the survivor and the community. This policy serves (1) as a measure to evaluate if behaviors trespassed on community values and (2) as a guide for students on Pacific University’s expectations for responsible and respectful sexual communication and interaction.

While the policy below is quite detailed and specific, the expectations of this community can be summarized in this simple paragraph: Consent is clear permission and can only be given by one of legal age who has capacity to consent.  Consent can be given by word or action. Non-verbal consent is more ambiguous than explicitly stating one’s wants and limitations. Consent to one form of sexual activity should not, and cannot, be taken as consent to any and all other sexual activity. Individuals who consent to sexual activity must be able to fully understand what they are doing. Under this policy, “No” always means “No” and “Yes” may not always mean “Yes.” For example, a person that is incapacitated as a result of alcohol or other drugs will be considered unable to give valid consent. In addition, silence—without clear actions demonstrating permission—cannot be assumed to indicate consent.

Finally, there is a difference between seduction and coercion. Coercion is defined in this policy as unreasonably pressuring another person for sexual activity. Coercing someone to engage in sexual activity violates this policy in the same way as physically forcing someone to engage in sexual activity.

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Scope of the Policy

Pacific University will process all complaints of sexual misconduct, regardless of where the conduct occurred, to determine whether the conduct occurred in the context of an educational program or activity or had continuing effects on campus or in an off-campus education program or activity. Examples of off-campus education programs and activities include, but are not limited to, activities that take place at houses of fraternities or sororities recognized by the school; school-sponsored field trips, including athletic team travel; and events for school clubs that occur off-campus (e.g., a debate team trip to another school or to a weekend competition). The jurisdiction of this policy emulates the jurisdiction detailed in the Pacific University Student Conduct Code, and applies to all University campuses, programs, and activities. That is to say:

The policy shall apply to conduct that adversely affects the University Community and/or the pursuit of its objectives. This conduct may occur at any time throughout the calendar year, on University premises, at University sponsored activities, or at any off-campus venue wherein a Pacific student acts. Each student shall be responsible for personal conduct from the time of his/her acceptance of admission through the actual awarding of a degree or severing of the relationship with University, including while a disciplinary matter is pending.

For the purposes of alleged sexual misconduct, it shall be the Title IX Coordinator, or designee, who shall decide whether the Sexual Misconduct Policy shall be applied to conduct occurring off-campus or out-of-term, on a case by case basis. (For full definitions of terminologies including “student,” “University premises,” and more, please see the Pacific University Student Conduct Code.)

While this sexual misconduct policy specifically speaks to students, the spirit of the policy applies to all Pacific University community members: students, employees, and third parties, regardless of sexual orientation or gender identity.  This policy includes steps the University will follow when responding to a complaint of student sexual misconduct. Procedures regarding complaints against employees are outlined in Human Resources policies, as well as the Faculty and Governance Handbook and Staff Handbook.

Pacific University is committed to creating an environment that encourages students to come forward if they have experienced any form of sexual misconduct. The University will work to safeguard the identities and privacy of the students who seek help or who report sexual misconduct. However, it is important that students understand the limits on confidentiality. Different people, depending on their positions, have different obligations with regard to confidentiality. For a detailed explanation of reporting options, please see “Confidentiality and Reporting Sexual Misconduct” below.

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Options for Assistance Following an Incident of Sexual Misconduct

If you think you have experienced an unwanted sexual experience or have had any kind of unwanted sexual contact, you are not alone and it is not your fault. As a result of sexual assault, a survivor may experience a wide range of reactions and feelings that they may find upsetting. Each survivor responds uniquely to an assault.  It is important to realize that these reactions and feelings are normal reactions of women and men who have been sexually assaulted or subjected to nonconsensual sexual contact.  Below is an explanation of some of the options and resources that are available to you. Please remember that no matter what you do, there is no one correct way to handle a situation. Whatever you choose to do, it is important to pay attention to what makes you feel safe.

Immediate Assistance

The following are the University resources that can provide confidential assistance to you. This means that without your informed and written permission, these resources will not voluntarily disclose information about the incident. These resources are available during regular business hours:

  • Student Counseling Center, 503-352-2191: This is a confidential resource for seeking one-time or ongoing counseling support. Therapists can provide you with confidential support to process and work towards resolution, help you discuss options, and provide referrals to other services. The Counseling Center will not report any information that you share with them to anyone, unless you ask the counselor and sign a release for them to share specific information with a specific person (for instance, a student may sign a release so that a counselor can advocate for flexibility in classes if needed).  All counselors are trained to provide support and some therapists specialize in working with survivors of unwanted sexual experiences.

The following University resources will support your privacy, but cannot guarantee confidentiality amongst the university staff and faculty (see “Confidentiality and Reporting Sexual Misconduct” below for more information.)

  • Campus Wellness Coordinator, 503-352-CARE (2273): The Wellness Coordinator is a University staff member who is specially trained to provide support, advocacy, and assistance in clarifying your options and in assisting you in utilizing your on-campus and off-campus resources. The Wellness Coordinator will work with you at your comfort level to figure out what options are best for you. Available during most business hours. If you talk with her, she will keep your identity confidential unless you ask her to share your information with University personnel.  The Wellness Coordinator does report non-identified information to the Title IX Coordinator so that person can be aware of whether there are areas on campus or events that appear to show a pattern of risk to others (for instance, she will say “a student talked with me today to report an unwanted sexual experience that happened in a residence hall on date”.
  • Student Health Center, 503-352-2269: You can make an appointment with the Student Health Center for help with emergency contraception, STD screening, and other health concerns relating to the unwanted sexual experience. They also provide referrals to other on-campus and off-campus services as needed.
  • Campus Public Safety, 503-352-2230: Campus Public Safety is available 24-hours a day to assist you. CPS Officers can help you locate resources for immediate help and explain reporting options to you.
  • Dean of Students, 503-352-2120
  • Title IX Coordinator, 503-352-2924
  • Director of Graduate and Professional Student Services, 503-352-7215
  • Area Coordinator: If you live in one of the residence halls, you can talk to a Resident Assistant (RA) or the Area Coordinator (AC) for your building.

The following are a few of the local Off Campus resources for those who have had an unwanted sexual experience:

  • Police Department: If you are injured and need police assistance, you can call 911. If it is a non-emergency situation and you decide you would like to file a report with the police about the unwanted sexual experience, you can call the non-emergency dispatch number. The legal process can be lengthy and difficult, so you may find that you need additional emotional support during this process.
    • Forest Grove Police Department:  503-629-0111 (non emergency) or 9-1-1 (emergency)
    • Hillsboro Police Department: 503-629-0111 (non emergency) or 9-1-1
    • Portland Police Department: 503-823-3333 (non emergency) or 9-1-1
    • Eugene Police Department: 541-682-5111(non emergency) or 9-1-1
  • Washington County Victim’s Assistance Program, District Attorney’s Office: 503-846-8671
  • Sexual Assault Resource Center’s (SARC) 24 hour crisis line: 503-640-5311, SARC provides 24 hour support, advocacy, referral information, crisis counseling, and information. They also provide hospital advocacy within Washington and Multnomah Counties. Their services are confidential and advocates can help you determine the best option for you.
  • Portland Women’s Crisis Line: 503-235-5333
  • Men’s Resource Center: 503-235-3433

Medical Treatment

You have the option of seeking treatment for injuries, preventative treatment for sexually transmitted diseases, pregnancy testing, emergency contraception, and other health services.

You also have the option to go to the hospital to have a forensic examination by a trained professional. Providence Saint Vincent’s Hospital (9205 SW Barnes Rd, Portland, OR) is the closest emergency room that is staffed with a Sexual Assault Nurse Examiner, who is specially trained to provide care and evidence collection for victims of sexual assault. You can receive medical attention and choose to have evidence collected if you wish. You can also choose to have evidence collected but not given to the police until you decide if you would like to pursue legal charges. According to law, you have access to an exam free of charge or with a full reimbursement regardless of your decision to cooperate with law enforcement investigators. If you would like someone present to provide additional support during this examination, you may request to have an advocate from SARC present.

  • On Campus: Pacific University's Student Health Center (SHC):  This is a confidential resource for seeking medical information or treatment if desired following an unwanted sexual experience. The SHC will keep your identity confidential unless you ask them to share your information with University personnel.  The SHC does report non-identified information to the Title IX Coordinator so that person can be aware of whether there are areas on campus or events that appear to show a pattern of risk to others. If you have any concerns and feel it would help you rest easier to know whether you could have contracted a sexually transmitted infection, pregnancy (for women), or if you have other health related questions or concerns, the SHS can provide these services with no visit fee and low cost for any related testing or labs that they are able to provide directly.  The SHS cannot provide a forensic “rape kit” examination (this can be done at Providence St. Vincent’s Hospital, where there is a Sexual Assault Nurse Examiner on site).
  • Off Campus: Providence St Vincent’s Hospital: 503-216-1234, This is a confidential resource that can provide medical treatment for injuries, preventative treatment for sexually transmitted diseases, pregnancy testing, emergency contraception, and other health services.  If you wish to have evidence collected, they provide forensic examinations “rape kits” and have Sexual Assault Nurse Examiners on site who are specially trained to provide this care. Located at 9205 Southwest Barnes Road, Portland, OR 97225

Ongoing Assistance

Most resources listed above can be used for ongoing assistance after sexual misconduct. A few resources should be highlighted for the scope of assistance they provide.

Whether or not you choose to make an official report or participate in the institutional disciplinary or criminal process, you are entitled to counseling and support.  Below are on-campus options and resources for ongoing support.

  • Student Counseling Center (503-352-2191) provides confidential support to process distressing events and work toward resolution. You can utilize services at this center for as few or as many sessions as you would like. The counselors at the center can also help you understand all of your options, even if time has gone by after the event.
  • The Campus Wellness Coordinator (503-352-CARE) is a University staff member who is specially trained to provide support, advocacy, and assistance in clarifying your options and in assisting you in utilizing your on-campus and off-campus resources. The Wellness Coordinator will work with you at your comfort level to figure out what options may work for you. The Wellness Coordinator maintains privacy to the degree allowed by law and the University; however, this person is not a confidential resource.  If you choose to pursue a University disciplinary process or an off-campus criminal process, you may use the Wellness Coordinator as an advocate.
  • Campus Conduct Advisor: If you think you may want make a report to the University, but you would like to know more about the conduct options first, you can talk with the Conduct Advisor to learn more about this process. If you are not sure whether you want additional action taken, do not share the name of the person(s) involved in the unwanted sexual experiences. The Conduct Advisor will report any information you provide to the Title IX Coordinator, so that person can be aware of whether there are areas on campus or events that appear to show a pattern of risk to others.  If you decide to pursue a Student Conduct hearing, you will be asked to provide a written statement of your experience.  Once you share the name of the accused student(s), the Conduct Advisor will provide this information to the Title IX Coordinator whether or not you decide to pursue a conduct hearing. When deciding whether or not to make a report to the University, you may also consult with the Campus Wellness Coordinator or the Student Counseling Center for support and information.
  • Advisors for University Disciplinary Process: The Title IX Coordinator and Director of Student Conduct maintain a list of campus community members who have undergone Title IX training and can guide a student through the pre-hearing and hearing process as Advisor, should the student pursue disciplinary action against another person.

Interim Measures and Academic Accommodations

The University will take immediate steps and interim measures to ensure the safety and well-being of anyone who has been the survivor of sexual misconduct. Such steps may include one or more of the following: changes in University housing, work schedules, altered academic schedules, withdrawing from a course, and accessing academic support. If you are interested in pursuing any of these accommodations, you can speak with your counselor, the Wellness Coordinator, or the other support person you have been working with.

While the University investigates complaints of misconduct, the University may take interim measures such as no contact orders and changing the alleged perpetrator’s living arrangements or course schedule. More information about this process can be found in the Student Sexual Misconduct Investigation and Adjudication Procedures.

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Title IX Coordinator

Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681) is a federal law that states “no person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.” The law expressly prohibits all forms of sex discrimination, which include sexual harassment, sexual assault and sexual violence.

Since the university is a recipient of federal financial assistance, all Pacific University students, employees, affiliates and visitors are covered by Title IX requirements and protections. The University has appointed a Title IX Coordinator to ensure all Pacific University community members are protected in compliance with the Title IX requirements. Mark Ankeny, Vice President for Enrollment Management and Student Affairs. (503-352-2924, mankeny@pacificu.edu) serves as the Title IX Coordinator. In addition to receiving grievances, questions, concerns and requests for consultations, the Title IX Coordinator manages the University’s response when a non-confidential staff or faculty member receives a report of sexual misconduct. The Title IX Coordinator and his team then assess campus safety, coordinate accommodations and resource referrals to those involved, gather information, and arrange follow-up as needed.

Title IX Deputies, as designated by the Title IX Coordinator, are staff and faculty trained to understand University policies and protocols regarding Title IX, to receive complaints of sex discrimination, including sexual harassment and sexual violence, and to help the University respond to such complaints. Names of all Title IX Deputies can be found on the Title IX webpage.

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Defining and Recognizing Sexual Misconduct

Sexual Misconduct is a broad term used to encompass unwelcome conduct of a sexual nature that is prohibited by Title IX and Pacific University. The term Sexual Misconduct includes (but is not limited to) behaviors often described as sexual harassment, sex/gender discrimination, sexual assault, sexual violence, rape, stalking, and relationship violence (including domestic and dating violence). It is a violation of this Policy to commit these acts or to attempt to commit them, as well as a violation of applicable law (including Title IX). Sexual Misconduct can occur between any persons regardless of sex and gender identity. Influence by other factors, such as alcohol or other drugs, before or during a sexual act does not serve as a defense or excuse for the offending student’s misconduct. Sexual Misconduct may vary in its severity and consists of a range of behaviors including, but not limited to, the following categories:

1. Sexual Assault

Sexual assault is the act of committing unwanted physical contact of a sexual nature, whether by an acquaintance or stranger. Such contact is unwanted when it occurs without the consent (as defined below) of one or all individuals, when any of the individuals are incapacitated or incapable of giving consent (as defined below), or occurs with the use of force (as defined below). An “acquaintance” can include a close friend, intimate partner, family member, classmate, or can be anyone you just met. A survivor and the accused can be of any sex/gender, sexual orientation and/or sexual identity. There are many degrees and forms of sexual assault including, but not limited to, the following:

a. Nonconsensual sexual contact (or attempts to commit the same):

  • Any intentional sexual touching,
  • however slight,
  • with any body part(s) or inanimate object(s),
  • by person(s) upon another person(s),
  • without consent and/or by physical force, coercion, or threat.

Examples of nonconsensual sexual contact include (but are not limited to): touching of a non-consenting person’s intimate parts (such as groin, genitals, breast, buttocks, mouth, and/or clothing covering these parts); touching a non-consenting person with one’s own intimate parts; making a non-consenting person touch you or another; or any intentional bodily contact in a sexual manner, even if it does not involve the genitals, mouth, breast, buttocks, groin, or other orifice. Such actions can be considered nonconsensual sexual contact whether or not physical force, coercion or threat is involved.

Sexual contact/activity with a person who is incapacitated (by use of drugs, alcohol, or any other means) or otherwise unable to consent (i.e. asleep, intellectually impaired, etc.) is considered non-consensual. See the definitions of consent and incapacity below for more information.

b. Nonconsensual sexual intercourse (or attempts to commit the same):

  • Any sexual intercourse (anal, oral or vaginal penetration),
  • however slight,
  • with any body part(s) or inanimate object(s),
  • by person(s) upon another person(s),
  • without consent and/or by physical force, coercion, or threat.

Examples of nonconsensual sexual intercourse include (but are not limited to): non-consensual penetration (oral, anal or vaginal) with any object or body part, including but not limited to fingers, tongue, penis or any foreign object. This includes, but is not limited to, penetration of a bodily opening or cavity without consent or subjecting an unwilling person to perform or engage in intercourse and/or penetration. Such actions can be considered nonconsensual sexual intercourse whether or not physical force, coercion or threat is involved.

Sexual contact/activity with a person who is incapacitated (by use of drugs, alcohol, or any other means) or otherwise unable to consent (i.e. asleep, intellectually impaired, etc.) is considered non-consensual. See the definitions of consent and incapacity below for more information.

2. Sexual Exploitation

Sexual exploitation is taking nonconsensual, unjust, or abusive sexual advantage of another for one’s own advantage or benefit, or to benefit a person other than the one being exploited that does not otherwise constitute nonconsensual sexual contact or intercourse. Examples of sexual exploitation include, but are not limited to:

a. Prostitution;
b. Photographing or video/audio recording of someone involved in sexual activity, sexual intercourse/penetration, or in a state of undress without their knowledge and consent;
c. The dissemination of photographs or audio/video of someone involved in sexual activity, intercourse/penetration, or in a state of undress, without their knowledge and consent;
d. Exceeding the boundaries of explicit consent, such as allowing friends to hide in a closet to be witness to one’s consensual sexual activity or disseminating sexually explicit images without the consent of all parties;
e. Engaging in voyeurism, which is the act of observing someone involved in sexual contact/activity, sexual intercourse/penetration or in a state of undress, without their knowledge and consent;
f. Offering drugs, alcohol or other substances to a person, with or without their knowledge, with the intent to impair their ability to withhold consent or their ability to knowingly consent to sexual activity or intercourse/penetration, regardless of whether sexual activity actually takes place; and/or
g. Knowingly transmitting a sexually transmitted disease/infection or HIV to another student.

3. Stalking

Stalking is defined as engaging in a course of conduct directed at a specific person that would cause a reasonable person to (a) fear for their safety or the safety of others; or (b) 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 stalker 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.;
  • Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.
  • Reasonable person means a reasonable person under the same or similar circumstances and with the same or similar identities to the survivor.

Examples of stalking include (but are not limited to) a person persistently, unwantedly, and repeatedly: following a person; appearing at a person’s home, class or workplace; making frequent phone calls, emails, text messages, or social media messages; leaving written messages or objects; and/or vandalizing a person’s property.

4. Sexual Harassment

Sexual harassment is defined as unwelcome conduct of a sexual nature. It can include unwelcome sexual advances, requests for sexual favors, other physical or verbal conduct of a sexual nature, and conduct directed at a person because of the person’s true or perceived sex/gender when:

a. Such conduct is made an explicit or implicit condition of an individual’s academic, social, extracurricular status or employment; or
b. Refusing or submitting to such conduct is used as a basis for academic, social, extracurricular or employment decisions; or
c. Such conduct has the purpose or effect of unreasonably interfering with an individual’s work or academic performance, i.e., it is sufficiently serious, pervasive, or persistent as to create an intimidating, hostile, humiliating, demeaning, or sexually offensive working, academic, residential, or social environment under both an objective (a reasonable person’s view) and subjective (the complainant’s view) standard.

Sexual harassment also includes gender-based harassment, which may include acts of verbal, nonverbal, or physical aggression, intimidation, or hostility based on sex, gender, or related stereotyping, even if these acts do not involve conduct of a sexual nature.

While it would be difficult to list all those additional circumstances that may constitute sexual harassment, the following are some examples of conduct, which if unwelcome, may constitute sexual harassment depending upon the severity of the conduct and its pervasiveness:

  • direct proposition of a sexual nature and/or subtle pressure for sexual activity that is unwanted and unreasonably interferes with a person’s work, academic or educational environment;
  • unwelcome sexual advances, whether they involve physical touching or not;
  • sexual epithets or jokes; written or verbal references to sexual conduct; gossip regarding one's sex life; comment on an individual's body; comment about an individual's sexual activity, experiences, deficiencies, or prowess;
  • displaying sexually suggestive objects, pictures, cartoons, etc.;
  • unwelcome leering, whistling, brushing against the body, sexual gestures, suggestive or insulting comments, threats, or innuendos of a sexual nature;
  • unwanted physical contact such as touching, hugging, brushing against a person’s body, impeding or blocking movements;
  • gender harassment, including sexist statements and behavior that convey insulting, degrading, or sexist attitudes;
  • persistent and unwanted requests for dates; unwelcome and inappropriate letters, telephone calls, email, texts, graphics, and other communications or gifts;
  • direct or implied threats that indicate that submission to sexual advances will be a condition of employment, work status, promotion, grades, or letters of recommendation;
  • sexually explicit statements, questions, jokes, or anecdotes regardless of the means of communication (verbal, written, email, text messages, etc.); and
  • the display of inappropriate sexually oriented materials in a location where others can view them.
     

5. Relationship violence (including domestic, dating, and intimate partner violence)

Relationship violence (including domestic, dating, and intimate partner violence) is intentionally violent or controlling behavior by a person who is currently or was previously in a social relationship of a romantic or intimate nature with the survivor. Relationship violence includes actual or threatened physical injury, sexual assault, psychological abuse, economic control, and/or progressive social isolation.

Relationship violence occurs in all types of relationships. Relationship violence can include (but is not limited to): physical or emotional abuse; controlling/possessive behavior; making the survivor feel like he/she must walk on eggshells, call friends in secret, or dress a certain way.

6. Retaliation

Retaliation exists when an individual harasses, intimidates or takes other adverse action(s) against a person for raising concerns about prohibited conduct or for their support of someone involved in raising such concerns. A student may be found in violation by requesting or encouraging another person to retaliate on one’s behalf. Any member of the University community has the right to raise good faith concerns, or file a good faith complaint of sexual misconduct, without fear of retaliation. Retaliatory actions include, but are not limited to, threats or actual violence against the person or their property, adverse educational or employment consequences, ridicule, intimidation, bullying, or inciting social ostracism. It is unlawful and it is a violation of University policy to retaliate against an individual for filing a complaint of sexual misconduct or for cooperating in a sexual misconduct investigation. Retaliating against anyone who reports an incident of sexual misconduct, brings forward a complaint, or who in any way participates in an inquiry or investigation of sexual harassment, is strictly prohibited. Retaliation is also prohibited against anyone who in good faith opposes, in a reasonable manner, any act or policy believed to constitute a violation of the Sexual Misconduct Policy. Any person who retaliates in one or more of the aforementioned manners is subject to disciplinary action up to and including expulsion and/or termination by the University.

7. Additional Definitions

  1. Consent is an informed, knowing, voluntary, and mutual decision and can be withdrawn at any time. Consent is active, not passive. Consent can be given by words or actions as long as those words or actions create mutually unmistakable permission regarding the conditions of sexual activity. Consent must be obtained by the person initiating the behavior at every stage of sexual interaction.
    1. It is important to remember:
    • Silence, by itself, cannot constitute consent
    • The absence of resistance does not imply consent.
    • Consent to one sexual act does not constitute or imply consent to a different sexual act. Consent can be withdrawn at any time.
    • Past consent cannot imply consent to future sexual acts. Consent is required regardless of the parties' relationship status or sexual history together.
    • A verbal “no” or its equivalent meaning, even if it may sound tentative, indecisive, or insincere, indicates a lack of consent.
    1. Consent can never be given by:
    • Someone who is incapacitated. A person can be incapacitated through the use of drugs, alcohol or any other intoxicating substance, or when they are unconscious or asleep. It is a violation of the Sexual Misconduct Policy to engage in sexual activity with someone you know or should know is incapacitated. See the definition of incapacity below for more information.
    • Someone who is intellectually disabled.  Certain intellectual disabilities can cause a person to be unable to knowingly consent to sexual activity. It is a violation of the Sexual Misconduct Policy to engage in sexual activity with a person whose intellectual disability renders them incapable of giving consent and the disability is known or should have been known to the non-disabled sexual partner. Under these circumstances, the conduct is non-consensual regardless of whether the person appeared to be a willing participant.
    • Someone who is under the legal age of consent. In Oregon, the legal age of consent is eighteen (18). It is a violation of this policy to engage in sexual activity with a person who is under the age of consent, regardless of whether the person willingly participated in the conduct, unless otherwise provided by law. The University will take into consideration Oregon law, including the close-in-age exemption (ORS 163.345). Note: Employees of Oregon public and private higher education institutions are considered by law to be mandatory reporters of child abuse for minors.
    1. The use of alcohol, drugs, or any other intoxicating substance: A person who has consumed alcohol and/or drugs still has a responsibility to obtain ongoing consent for any sexual activity with another person. The use of alcohol or other drugs by the person initiating sexual activity will never be accepted as an excuse for failing to obtain consent.
  2. Incapacity is the lack of physical or intellectual capabilities to consent.  It is important to remember the following:
    • A person who is incapacitated cannot understand the fact, nature, or extent of sexual activity.
    • Incapacity may be a result of consuming alcohol, drugs or other intoxicating substances, being unconscious or asleep, and/or other factors that could alter one’s faculties.
    • It is a violation of the Sexual Misconduct Policy to engage in sexual activity with a person who is incapacitated, regardless of whether the person appeared to be a willing participant.
    • If there is any question regarding whether a person may be incapacitated, it is best not to engage in sexual activity with that person.
  3. Force is never to be used to make someone submit or to complete sexual activity. The use of force to cause someone to engage in sexual activity is, by definition, non-consensual contact. The term “force” includes the use of any of the following:
    • Physical force, violence, the presence or use of a weapon
    • Threats or harassment
    • Intimidation, abuse of real or perceived power or authority, implied threats
    • Coercion or duress; this includes pressuring another person to perform or engage in sexual activity.
  4. Terms such as “student” and “Universityand others are defined in the Student Code of Conduct (Code). The Sexual Misconduct Policy is part of the Code and therefore these definitions apply to this policy unless otherwise noted. For convenience, below are the definitions of “Complainant” and “Respondent,” which will be referred to frequently in this document:
    • The “Complainant” brings forward an allegation of a breach of the Code which is actionable. The University is the “Complainant,” except in those cases which fall under the sexual misconduct or harassment policies, where the Complainant may be an individual or group.
    • The term “Respondent” means any person accused of violating the Code.
  5. The terms “survivor” or “victim” refer to the person who experienced an incident of Sexual Misconduct.

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Reporting Policies and Protocols

The following section will explain how to access the support or response that you need. You may also contact the Campus Wellness Coordinator (503-352-2273) if you would like to talk through these options with someone.

The University encourages students who have experienced sexual misconduct to talk to somebody about what happened so that they can get the support needed. There are several options for reporting Sexual Misconduct at Pacific University. The University recognizes that choosing to report misconduct can be difficult and will support any student through this process.

Other Policy Violations
Students may be concerned about reporting Sexual Misconduct believing that their own behavior might subject them to disciplinary action. Witnesses and survivors and Complainants should be assured that the focus in matters of Sexual Misconduct is on the reported behavior, not, for example, on whether someone was using alcohol or drugs at the time. Individuals are encouraged to come forward and report such conduct regardless of the surrounding circumstances. In situations involving allegations of Sexual Misconduct, Pacific University will, to the extent allowed by applicable laws and University policy, seek to make the Sexual Misconduct allegation the primary focus of any investigation or disciplinary action. It should be noted that the use of alcohol or drugs does not excuse Sexual Misconduct and a person who is incapacitated through the use of alcohol and drugs (or by any other means) cannot give effective consent to sexual activity.

Protection from Retaliation
Any member of the University community has the right to raise good faith concerns about or file a good faith complaint of sexual misconduct without fear of retaliation. It is unlawful and violation of University policy to retaliate against an individual for filing a complaint of sexual misconduct, for cooperating in a sexual misconduct investigation, or for supporting someone involved in raising such concerns of misconduct. Any person who retaliates is subject to disciplinary action up to and including expulsion and/or termination by the University.

Reporting: Confidentiality and Privacy Limitations

This section is intended to make students aware of the various reporting and confidential disclosure options available to them – so they can make informed choices about where to turn should they become a survivor of sexual misconduct. When considering these reporting options, please also keep in mind the aforementioned “Options for Assistance Following an Incident of Sexual Misconduct” section should anyone affected by the misconduct need help. Different employees on campus have differing abilities to maintain a survivor’s privacy, as detailed below.

Privileged and Confidential Communications

Professional Counselors

Professional, licensed counselors and pastoral counselors who provide mental-health counseling to members of the school community (and including those who act in that role under the supervision of a licensed counselor) are not required to report any information about an incident to the Title IX coordinator without a survivor’s permission. Following is the contact information for these individuals: Student Counseling Center, 503-352-2191

Advocate, Health Services, and University Chaplain

The Wellness Coordinator (503-352-2273) Student Health Center staff, and the University Chaplain, can generally talk to a survivor without revealing any personally identifying information about an incident to the University. A survivor can seek assistance and support from these individuals without triggering a University investigation that could reveal the survivor’s identity or that the survivor has disclosed the incident.

While maintaining a survivor’s confidentiality, this individual should report the nature, date, time, and general location of an incident to the Title IX Coordinator. This limited report – which includes no information that would directly or indirectly identify the survivor – helps keep the Title IX Coordinator informed of the general extent and nature of sexual violence on and off campus so the coordinator can track patterns, evaluate the scope of the problem, and formulate appropriate campus-wide responses. Before reporting any information to the Title IX Coordinator, these individuals will consult with the survivor to ensure that no personally identifying details are shared with the Title IX Coordinator.

Following is the contact information for these individuals:

  • Wellness Coordinator, 503-352-2273
  • Student Health Center, 503-352-2269
  • Rev. Chuck Currie, 503-352-2032

A survivor who speaks to any of the staff listed above should understand that, if the survivor wants to maintain confidentiality, the University will be limited to respond to the incident. For instance, the University would likely be unable to conduct an investigation into the particular incident or pursue disciplinary action against the alleged perpetrator. Even so, these counselors and advocates will still assist the survivor in receiving other necessary protection and support, such as survivor advocacy, academic support or accommodations, health or mental health services, and changes to living, working or course schedules. A survivor who at first requests confidentiality may later decide to file a complaint with the school or report the incident to local law enforcement, and thus have the incident fully investigated. These counselors and advocates will provide the survivor with assistance if the survivor wishes to do so.
       
If the University determines that the alleged perpetrator(s) pose a serious and immediate threat to the University community, the Director of Campus Public Safety, the Title IX Coordinator, and the Dean of Students may be called upon to issue a timely warning to the community. Any such warning should not include any information that identifies the survivor.

Reporting to Responsible Employees

The term “responsible employee” refers to a University employee who has the authority to redress sexual violence, who has the duty to report incidents of sexual violence or other student misconduct, or whom a student could reasonably believe has this authority or duty.
    
When a survivor tells a responsible employee about an incident of sexual misconduct, the University will take immediate and appropriate steps to investigate what happened and to resolve the matter promptly and equitably.
    
A responsible employee must report to the Title IX coordinator all relevant details about the alleged sexual violence shared by the survivor and that the University will need to determine what happened – including the names of the survivor and alleged perpetrator(s), any witnesses, and any other relevant facts, including the date, time and specific location of the alleged incident.
    
To the extent possible, information reported to a responsible employee will be shared only with people responsible for handling the University’s response to the report. A responsible employee should not share information with law enforcement without the survivor’s consent or unless the survivor has also reported the incident to law enforcement.

The following are the University’s responsible employees: All Pacific University staff and faculty, including but not limited to full-time and part-time staff, adjunct faculty, all student employees (including work study students), resident assistants, coaches, club advisors, and clinic supervisors. Note: While contracted parties, such as dining services, are not considered responsible employees, they are highly encouraged to report misconduct to the University.
    
A responsible employee should make reasonable efforts to inform a student of the employee’s reporting obligations with regard to sexual misconduct at the earliest possible point in a conversation which may result in a disclosure related to sexual misconduct. If a survivor prefers to maintain confidentiality, the responsible employee should direct the survivor to confidential resources.
    
If the survivor wants to tell the responsible employee what happened, but also asks that their identity not be revealed to anyone else, the employee should tell the survivor that the University will consider the request, but cannot guarantee that the University will be able to honor it. In reporting the details of the incident to the Title IX Coordinator, the responsible employee will also inform the Coordinator of the survivor’s request for privacy. See “Requesting Confidentiality” below for more details.
    
Responsible employees will not pressure a survivor to request privacy, but will honor and support the survivor’s wishes, including for the University to fully investigate an incident. By the same token, responsible employees will not pressure a survivor to make a detailed report if the survivor prefers not to do so.

Requesting Confidentiality From the University: How the University Will Weigh the Request and Respond

If a survivor discloses an incident to a responsible employee but wishes to maintain privacy or requests that no investigation into a particular incident be conducted or disciplinary action taken, the University must weigh that request against the University’s obligation to provide a safe, non-discriminatory environment for all students, including the survivor. The University will honor a survivor’s request that no investigation take place if (1) there is no concern of the safety for the university community, as described below, and (2) if there is no mandatory reporting requirement.
    
If the University honors the request for confidentiality, a survivor must understand that the University’s ability to meaningfully investigate the incident and pursue disciplinary action against the alleged perpetrator(s) may be limited.
    
There are times when the University may not be able to honor a survivor’s request in order to provide a safe, non-discriminatory environment for all students. The University has designated the following group to evaluate requests for confidentiality once a responsible employee is on notice of alleged sexual violence:

  • Title IX Coordinator
  • Dean of Students
  • Campus Public Safety
  • Student Conduct

During this evaluation, the survivor’s identity will be protected to the extent possible. When weighing a survivor’s request for confidentiality or that no investigation or discipline be pursued, team members will consider a range of factors, including the following:

The increased risk that the alleged perpetrator will commit additional acts of sexual or other violence, such as:

  • whether there have been other sexual violence complaints about the same alleged perpetrator;
  • whether the alleged perpetrator has a history of arrests or records from a prior school indicating a history of violence;
  • whether the alleged perpetrator threatened further sexual violence or other violence against the survivor or others;
  • whether the sexual violence was committed by multiple perpetrators;
  • whether the sexual violence was perpetrated with a weapon;
  • whether the survivor is a minor;
  • whether the University possesses other means to obtain relevant evidence of the sexual violence (e.g., security cameras or personnel, physical evidence);
  • whether the survivor’s report reveals a pattern of perpetration (e.g., via illicit use of drugs or alcohol) at a given location or by a particular group. 

The presence of one or more of these factors could lead the University to investigate and, if appropriate, pursue disciplinary action. If none of these factors is present, the University will likely respect the survivor’s request for confidentiality.
      
If the University determines that it cannot maintain a survivor’s confidentiality, the University will inform the survivor prior to starting an investigation and will, to the extent possible, only share information with people responsible for handling the University’s response.

The University will remain mindful of the survivor’s well-being, taking ongoing steps to protect the survivor from retaliation or harm and work with the survivor to create a safety plan. Retaliation against the survivor, whether by students or University employees, will not be tolerated. The University will also:

  • assist the survivor in accessing other available survivor advocacy, academic support, counseling, health or mental health services, and legal assistance both on and off campus (see portion of policy identifying these);
  • provide other security and support, which could include issuing a no-contact order, helping arrange a change of living or working arrangements or course schedules (including for the alleged perpetrator pending the outcome of an investigation) or adjustments for assignments or tests; and
  • inform the survivor of the right to report a crime to campus or local law enforcement – and provide the survivor with assistance if the survivor wishes to do so.

The University may not require a survivor to participate in any investigation or disciplinary proceeding.
    
Because the University is under a continuing obligation to address the issue of sexual violence campus-wide, reports of sexual violence (including non-identifying reports) may also prompt the University to consider broader remedial action – such as increased monitoring, supervision or security at locations where the reported sexual misconduct occurred; increasing education and prevention efforts, including to targeted population groups; conducting climate assessments/victimization surveys; and/or revisiting its policies and practices.
    
If the University determines that it can respect a survivor’s request for confidentiality, the University will also take action as necessary to protect and assist the survivor. It should be noted that, in such situations, the University may be limited in how it can respond to the incident. For instance, the University may be unable to conduct an investigation into the particular incident or pursue disciplinary action against the alleged perpetrator.

Special Considerations for Confidentiality

Take Back the Night and other public awareness events 
Public awareness events such as “Take Back the Night,” the Clothesline Project, candlelight vigils, protests, “survivor speak outs” or other forums in which students may disclose incidents of sexual violence, are not considered notice to the University of sexual violence for purposes of triggering an obligation to investigate any particular incident(s). Such events may, however, inform the need for campus-wide education and prevention efforts, and the University may provide information about students’ Title IX rights at these events.
    
Anonymous reporting
Although the University encourages survivors to talk to someone, the University provides a paper form for anonymous reporting. The form will notify the user that entering personally identifying information may serve as notice to the University for the purpose of triggering an investigation. These forms are available online.
    
Off-campus counselors and advocates
Off-campus counselors, advocates, and health care providers may maintain confidentiality and not share information with the University unless the survivor requests the disclosure and signs a consent or waiver form. Referrals can be provided by the Student Counseling Center, and can be found online at http://www.pacificu.edu/about-us/offices/campus-wellness.
    
Clery Act obligations
The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act or Clery Act requires all colleges and universities that participate in federal financial aid programs to keep and disclose information about crime on and near their respective campuses. The Clery Act, signed in 1990, was originally known as the Crime Awareness and Campus Security Act.

In accordance with the Clery Act, the University will track all reports made to responsible employees and those submitted anonymously of sexual misconduct, including dating violence, domestic violence and stalking for annual reporting purposes. More information about Clery and the University’s Annual Security and Fire Safety Report is available here.
   
Timely warnings
At any time, if the University determines an alleged perpetrator poses a serious and immediate threat to the University community, the Director of Campus Public Safety, the Title IX Coordinator, and the Dean of Students may be called upon to issue a timely warning to the community. Any such warning will not include any information that identifies the survivor. 

Sharing information with law enforcement
There may be times when the University investigates a complaint of Sexual Misconduct at the same time that a law enforcement agency is investigating the same matter. The University will share information about a complaint with law enforcement consistent with a written Memorandum of Understanding (“MOU”) or with applicable law.

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Prevention and Education

Below is a list of some of the education/primary prevention programs provided for incoming students at first contact and on an ongoing basis with regards to prevention of domestic violence, dating violence, sexual assault and stalking provided by the Campus Wellness Office in collaboration with campus and community partners (e.g. Residence Life, Student Counseling Center, Center for Gender Equity, International Programs, Dean of Students, Athletics, Greek Life, Orientation):

Primary prevention educational programming:

  • Presentations provided directly by Campus Wellness address prevention, bystander intervention, definitions, response, and resources for instances of domestic violence, interpersonal violence, sexual assault and stalking. This information is delivered through the following avenues:
    • Got Consent? One-hour presentation to all undergraduate students during new student orientation
    • Athletics team meetings
    • Resident Assistant training
    • Orientation Student Ambassador Training
    • Residence hall events
    • International Student Leader Training
    • International Student Orientation
    • Trainings for Peer Wellness Educators

Indirect educational programming:

  • Awareness tabling events in the University Center and athletic tailgates
  • Campus-wide awareness building campaigns such as Denim Day

Online training and resource information:

  • Alcohol-Wise Consent and Respect module. Mandatory training for all undergraduate and graduate students (meets Campus SaVE requirements)
  • Information on Campus Wellness webpage

Individual and small group consultations providing support, advocacy, and professional consultation for:

  • Survivors of sexual violence
  • Allies of survivors
  • Faculty members seeking information regarding reporting obligations
  • Collaborations with student groups and/or professional departments that provide programming on these topics (such as annual Take Back the Night much and rally, hosted by the Center for Gender Equity in collaboration with Campus Wellness and Student Counseling)

 

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Procedures Introduction

These procedures accompany Pacific University’s Student Sexual Misconduct Policy and are to be used when responding to, investigating, and adjudicating complaints of sexual misconduct against Pacific University students. As outlined in the aforementioned policy, Sexual Misconduct is a broad term used to encompass unwelcome conduct of a sexual nature that is prohibited by Title IX and Pacific University. The term Sexual Misconduct includes (but is not limited to) behaviors often described as sexual harassment, sex/gender discrimination, sexual assault, sexual violence, rape, stalking, and relationship violence (including domestic and dating violence). It is a violation of this Policy to commit these acts or to attempt to commit them, as well as a violation of applicable law (including Title IX).

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Definitions

Terms such as student and University and others are defined in the Student Code of Conduct (Code). The Sexual Misconduct Policy and Student Sexual Misconduct Investigation and Adjudication Procedures are part of the Code and therefore these definitions apply to this policy unless otherwise noted.

See Pacific University’s Student Sexual Misconduct Policy for definitions of sexual misconduct and related terms.

Complainant: The person who brings forward an allegation of a breach of the Code which is actionable.

Respondent: The student or student group accused of violating the Code.

Conduct Board: means any person or persons authorized by the Student Conduct Advisor to determine whether a student has violated the Student Code and to impose sanctions when a violation has been committed. For hearings evaluating allegations of Sexual Misconduct, faculty and/or staff who have been specifically trained in Title IX and related matters will serve as Conduct Board members.

Character Witness: Witnesses who can only speak to the personality or moral character of the Respondent (“Character Witnesses”) are not permitted in hearings.

Sanction: A sanction is any action, status or status change, or requirement resulting from being found in violation of a University policy or the proscribed conduct outlined in the Student Code of Conduct. A Respondent may receive more than one sanction for any policy violation.

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Overview

The University will conduct an investigation into an incident of Sexual Misconduct when:

  • a student who has experienced an incident of Sexual Misconduct files a complaint against another person for the misconduct.
    • It should be noted that a survivor’s request for confidentiality limits the University’s ability to investigate a particular matter. If the person filing the complaint requests to maintain confidentiality regarding their identity, and/or not participate in the adjudication process, the University will still take steps to limit the effects of the alleged sexual misconduct and prevent its recurrence without initiating formal action against the alleged perpetrator or revealing the identity of the student complainant.
  • the University has determined, through the criteria listed in the Student Sexual Misconduct Policy (section “Requesting Confidentiality From the University”) that there exists an increased risk that the alleged perpetrator will commit additional acts of sexual or other violence. If this occurs, the University may choose to investigate and possibly pursue conduct action against the alleged perpetrator. If the University determines that it cannot maintain a victim’s confidentiality, the University will inform the victim prior to starting an investigation and will, to the extent possible, only share information with people responsible for handling the University’s response.

Time Frame for Resolution

Under ordinary circumstances during the academic year, the Sexual Misconduct Investigation and Adjudication Processes should be completed within 60 days from the receipt of the disciplinary complaint. If this time frame cannot be met, both the Respondent and the Complainant will be notified promptly. This timeline may be reasonably extended for good cause; examples of such include academic calendar delays, the temporary withdrawal of either student, medical emergency of any participant of the scheduled hearing, and high numbers of witnesses needing to be interviewed.

Timing of Complaints: There is no time limit for the submission of a complaint alleging Sexual Misconduct. A complaint may be filed at any time. The University reserves the right to initiate adjudication of a complaint immediately when necessary to protect the interests and safety of the Pacific community, no matter the timing of the year. A complaint received after the semester has ended or during a University break may result in a delay in the adjudication of the complaint until the beginning of the subsequent semester in which the respondent is enrolled. The University may be limited in the actions it can take when a student is no longer enrolled in the institution, however a student wanting to make a report against a former student is encouraged to do so.

Role of the Support Person, Attorney, and Non-Attorney Advisor

Throughout the process, the Complainant and Respondent may have a Support Person present at any meeting related to resolution of a report under the Policy. The Support Person may be anyone over the age of eighteen (18), of the individual’s choosing, who is not a party or witness involved in the Investigation. In addition, the Complainant and Respondent may each have a second person in attendance: an additional Support Person, a Non-Attorney Advisor, or, at the party’s own initiative and expense, an Attorney Advisor. Absent extenuating circumstances, witnesses and others involved in an investigation or hearing are not entitled to have Support Persons or Advisors in attendance.

Scheduling

When scheduling any meeting in which a party has notified the Office of Student Conduct that an Attorney or Non-Attorney Advisor and/or Support Person plan to participate, the University will make reasonable efforts to accommodate the aforementioned individuals’ schedules, while balancing the University’s commitment to a prompt and equitable process. The University will prioritize the availability of the Complainant and Respondent, witnesses, and investigative/adjudicative team assigned to the matter when determining the date and time for the proceeding.

Once chosen by a student to serve as an Attorney or Non-Attorney Advisor and/or Support Person, each designated individual must meet with a representative from the Office of Student Conduct before they are allowed participation. This is to ensure participants understand the expectations of their respective roles, privacy considerations, and appropriate decorum.

The parties must provide two (2) business days advance notice to the Office of Student Conduct if an Attorney Advisor will accompany them to any proceeding. Whenever an Attorney Advisor attends a meeting, the University may elect to have University Counsel present during these proceedings.

A party’s inclusion of a Support Person, Attorney, or Non-Attorney Advocate is at the sole expense of the party.

Support Person

  • A Complainant and Respondent may choose to be assisted by a Support Person of their choice.
  • The Support Person may accompany the party to any investigative, administrative, or adjudicative proceeding under the Policy. (See also “Scheduling” above.)
  • A Support Person is someone who can provide emotional, logistical, or other kinds of assistance. The Support Person cannot be a witness or provide statements in the proceedings. The Support Person is a non-participant who is present to assist a Complainant or Respondent by taking notes, providing emotional support and reassurance, organizing documentation, or consulting directly with the party in a way that does not disrupt or delay the proceeding. The Complainant and/or the Respondent are responsible for presenting their own information, and therefore, Support Persons are not permitted to participate directly in any meeting or hearing.
  • A party’s Support Person may not delay, or otherwise interfere with the investigative and adjudicative processes. The Director of Student Conduct, or designee, has the right at all times to determine what constitutes appropriate behavior on the part of a support person and whether the person may remain at the proceedings.
  • It is each party’s decision whether and how they choose to engage a Support Person throughout the investigation and adjudication processes. If a party requests or submits any type of form authorizing the Support Person to receive information or documents regarding the party, such a request will be denied. The Office of Student Conduct will at all times communicate and correspond directly with the party.

Attorney or Non-Attorney Advisor

  • At the initiative and expense of the Complainant or Respondent, an Attorney or Non-Attorney Advisor may assist in the proceedings.
  • The Attorney or Non-Attorney Advisor may accompany the party to any investigative, administrative, or adjudicative proceeding under the Policy. (See also “Scheduling” above.)
  • The role of the Attorney or Non-Attorney Advisor is limited to providing advice and consultation directly to the party they are accompanying. It is not to provide representation of behalf of the party, as an attorney would do in a formal legal proceeding. In this way the Attorney or Non-Attorney Advisor is a participant who is present solely to advise and consult with the party throughout any proceeding. An Attorney or Non-Attorney Advisor may accompany the party to any investigative, administrative, or adjudicative meeting or proceeding under the Policy. The Complainant and/or the Respondent are responsible for presenting their own information, and therefore, Non-Attorney Advisors and Attorneys are not permitted to participate directly in any meeting or hearing.
  • A party’s Attorney or Non-Attorney Advisor may not delay, or otherwise interfere with the investigative and adjudication processes. The Director of Student Conduct, or designee, has the right at all times to determine what constitutes appropriate behavior on the part of an Advisor and whether the person may remain at the proceedings.
  • To assist parties in identifying an Advisor, the Title IX Coordinator and Director of Student Conduct maintain a list of campus community members who have undergone Title IX training and can guide a student through the pre-hearing and hearing process.
  • If a party has an Attorney or Non-Attorney Advisor, it is each party’s responsibility to communicate and share information with their Attorney or Non-Attorney Advisor. If a party submits any type of form authorizing the Attorney or Non-Attorney Advisor to receive information or documents regarding the party, such a request will be denied. The Office of Student Conduct will at all times communicate and correspond directly with the party.
  • The University reserves the right to have Counsel present if a student has an Attorney present during any investigative, administrative, or adjudicative proceeding.

Protective Interim Measures

The University will not automatically restrict a student from attending classes or participating in other University activities on the basis of a disciplinary complaint pending in the Sexual Misconduct Adjudication Process. Any involved student may request protective interim measures from Dean of Students, who will review each request and notify students of the outcome. The University reserves the right to impose protective interim measures on any party at any time after learning of an allegation of Sexual Misconduct. Such measures may include, but are not limited to, restrictions regarding movement on campus, removal from University housing and/or removal from campus. The decision to impose interim measures is made solely at the discretion of the Dean of Students. Any interim measures do not replace the regular processes, which shall proceed on the normal schedule, up to and through a hearing, if required.

Reporting Other Misconduct/Leniency

Students may be concerned about reporting Sexual Misconduct believing that their own behavior might subject them to disciplinary action. Witnesses and victim/survivors and complainants should be assured that the focus in matters of Sexual Misconduct is on the reported behavior, not, for example, on whether someone was using alcohol or drugs at the time. Individuals are encouraged to come forward and report such conduct regardless of the surrounding circumstances. In situations involving allegations of Sexual Misconduct, Pacific University will, to the extent allowed by applicable laws and University policy, seek to make the Sexual Misconduct allegation the primary focus of any investigation or disciplinary action, understanding that the University will exercise leniency regarding any secondary conduct violations. It should be noted that the use of alcohol or drugs does not excuse Sexual Misconduct and a person who is incapacitated through the use of alcohol and drugs (or by any other means) cannot give effective consent to sexual activity.

Intentional Presentation of False Information

Participants in the Sexual Misconduct Adjudication Process must, present in, good faith, truthful and accurate information to the Title IX Coordinator, the Director of Student Conduct and the Investigators. Knowingly making false statements or presenting inaccurate information is unacceptable and will result in a separate disciplinary action regarding that conduct. Please note that filing a complaint or providing information which a party or witness genuinely believes is accurate, but which is ultimately dismissed due to insufficient evidence or found to be untrue, does NOT constitute the intentional presentation of false information.

Criminal Conduct

When a disciplinary complaint involves allegations which may also constitute criminal conduct, participants are advised to seek legal counsel before making any written or oral statements. This Sexual Misconduct Adjudication Process does not attempt to create a courtroom environment and attorneys for students are not permitted to participate in the process. However, participants should seek legal advice about how this disciplinary process could impact any criminal case in which they are or may become involved.

The University will conduct its own investigation and adjudication of a disciplinary complaint, regardless of whether the alleged Sexual Misconduct is also being pursued through the criminal justice system. The University will comply with law enforcement requests for cooperation. At times, that cooperation may require the University to temporarily suspend its fact-finding investigation while law enforcement gathers evidence. The University will promptly resume its fact-finding investigation as soon as it is notified that doing so would not impede any law enforcement activities.

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Filing a Disciplinary Complaint

Complaints of sexual misconduct can be filed with one of these people:

Lindsey Blem
Interim Director of Residence Life and Student Conduct
Clark Hall, 129
503-352-2045
lindseyb@pacificu.edu

Mark Ankeny
Title IX Coordinator and
Vice President for Enrollment Management and Student Affairs
Marsh Hall, 114A
503-352-2924
titleix@pacificu.edu

If you would like assistance in the reporting process, Kathleen Converse, the Campus Wellness Coordinator can help (503-352-2273, kathleenconverse@pacificu.edu).

The person who brings forward the allegation of misconduct is called the Complainant. To initiate the disciplinary process, the Complainant will be asked to submit two forms, as explained below. These forms should be submitted to the Title IX Coordinator or Director of Student Conduct in-person or by email. The Complainant is welcome to bring a Support Person and/or Advisor with them to any meetings with the Director of Student Conduct or Title IX Coordinator (see “Role of the Support Person, Attorney, and Non-Attorney Advisor” section above). It is the Complainant’s choice whether to also report sexual misconduct to civil authorities, such as the police. A report to the University does not trigger a report to law enforcement authorities, unless as required by law.

Complaint Form

This document contains basic information about the complaint made against the accused student (also known as the Respondent), such as time, date, location, and a brief description of the incident. The Complaint Form must contain sufficient detail to permit the Respondent to understand the charges being brought and to be able to adequately respond. The Complaint Form will be shared with the Respondent prior to filing his/her written response statement. If the Complainant knows their hearing preference at this time, the Complainant will note whether they would like to pursue an Individual Board Hearing or a Group Board Hearing; the potential outcomes of each of these types of hearings are different and details regarding these differences are written below in the “Adjudication Process” section. (If the Complainant is undecided, the hearing type may be decided later at the conclusion of the Investigation phase.) For a copy of the Complaint Form, contact studentconduct@pacificu.edu.

Process/Non-Retaliation Acknowledgement Form

The Complainant will be required to sign a Process/Non-Retaliation Acknowledgement Form, agreeing to the following:

  • To refrain from all contact with the Respondent (in-person, written, or by third party) until further notice (this restriction will be reevaluated at the conclusion of the Investigation and Adjudication processes),
  • To refrain from any misconduct against the Respondent or any witnesses in the matter,
  • During the Investigation and Adjudication phases only, to limit discussing the facts of the complaint with anyone other than those authorized to see such information under this process. The Complainant will also still be able to discuss the facts underlying the subject of the disciplinary complaint with counselors, clergy, other therapeutic professionals, family, and other support persons. This is to preserve the integrity of the investigative process.
  • After the Investigation and Adjudication phases are complete, either party will not be required to abide by a nondisclosure agreement, in writing or otherwise, that would prevent the re-disclosure of information related to the outcome of the proceeding.

Complainant’s Statement Option

The Complainant also has the option to submit a third piece of documentation known as the Complainant’s Statement. This document is optional and serves to assist with information gathering during the Fact-Finding Process. If submitted, it would not be shared with the Respondent until the investigation is done and the hearing process starts.  If the Complainant chooses to submit this document, it should include the Complainant’s full account of the event and its context, as well as the Complainant’s reflections as follows:

  • Tell the story in full. Relate in full the facts of the incident as you recall them. Take care to distinguish between what you saw, heard, or experienced first-hand from what you may have learned later from others.
  • Describe the context. It is important for you to give your perception of the Respondent’s conduct and the context in which the alleged incident occurred, including its location, and any witnesses to it.
  • Reflect on the event. It is helpful for you to provide any conclusions you have drawn about the incident, stating clearly why you believe the Respondent’s actions may have violated University policy or the Code of Conduct.
  • A descriptive list of any other sources of information, should they exist (e.g., witnesses, correspondence, text messages, emails, photos, medical documents, etc.), can be attached to the Complainant’s Statement. That list should include information that the Complainant believes should be considered in deciding the disciplinary complaint, along with a brief explanation of why this information would be relevant and helpful to the process. Please identify the sources and/or location of this supporting information but do not attempt to obtain the information yourself. The Investigators will solicit relevant statements or documents referenced through this process.

Once submitted, the Complainant’s Statement may not be amended. Complainants are encouraged to share a draft of the statement with someone who is well-positioned to discuss, among other matters, the statement’s style, organization, length, and clarity, while also anticipating questions it may raise for the fact-finder. The Complainant will be required to sign a statement verifying that the Statement is an accurate representation of their recollection of the events.

It is the Complainant’s choice whether to also report sexual misconduct to civil authorities, such as the police. A report to the University does not trigger a report to law enforcement authorities, unless as required by law.

Informational Meeting with Complainant

Upon receipt of a complaint, the Title IX Coordinator or Director of Residence Life and Student Conduct (or designee,) will ensure that the Complainant is provided with a copy of the Student Sexual Misconduct Policy and Student Sexual Misconduct Investigation & Adjudication Procedures. Additionally the Complainant will be informed of the following:

  • The option to: (1) notify law enforcement for possible criminal investigation and the filing of criminal charges; (2) proceed with the University for investigation and adjudication under University conduct processes; (3) proceed with both criminal and University complaints; or (4) pursue neither option;
  • How the internal University investigative and adjudicative processes work;
  • Information regarding the preservation of evidence;
  • Available community and campus resources and services;
  • The right to seek medical assistance, as necessary;
  • The option of requesting protective interim measures, such as academic accommodations, the ability to change housing or dining facilities; change work schedules; alter academic schedules; access academic support such as tutoring; issue no contact orders; and change the alleged perpetrator’s living arrangements or course schedule.
  • The right to an Advisor and the Advisor’s role;
  • The right to a Support Person and the Support Person’s role;
  • The University’s prohibition against retaliation and how to report incidents of retaliation;
  • The Complainant’s statement option;
  • The University’s potential obligation to proceed with an investigation and possible adjudication to ensure the safety and well-being of the Complainant and/or others in the campus community in the absence of or withdrawal of a formal complaint and/or desire of the complainant to remain anonymous.

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Responding to a Disciplinary Complaint / Notice to Respondent

The person against whom the disciplinary complaint is brought is called the Respondent. The Respondent shall be given written notification when a disciplinary complaint has been filed against him or her within seven (7) days of the Director of Student Conduct or Title IX Coordinator receiving the aforementioned forms from the Complainant.

Informational Meeting with Respondent

Within five (5) days of receiving notice of the disciplinary complaint, the Respondent must meet with the Director of Student Conduct or designee (lindseyb@pacificu.edu, 503-352-2045), who will ensure that the Respondent is provided with a copy of the Student Sexual Misconduct Policy and Student Sexual Misconduct Investigation & Adjudication Procedures. The Respondent will be required to sign the Process/Non-Retaliation Acknowledgement Form. At this meeting, the Respondent will be informed of the following:

  • The nature of the complaint via the Complaint Form;
  • The issuance of a no contact order to refrain from all contact with the Complainant and/or witnesses (in-person, written, or by third party);
  • Available community and campus resources and services;
  • The option of requesting protective interim measures, such as academic accommodations, the ability to change housing or dining facilities; change work schedules; alter academic schedules; access academic support such as tutoring; issue no contact orders; and change the alleged perpetrator’s living arrangements or course schedule.
  • How the internal University investigative and adjudicative processes work;
  • Information regarding the preservation of evidence;
  • The right to an Advisor and the Advisor’s role;
  • The right to a Support Person and the Support Person’s role;
  • The University’s prohibition against retaliation and how to report incidents of retaliation;
  • The University’s potential obligation to proceed with an investigation and possible adjudication to ensure the safety and well-being of the Complainant and/or others in the campus community in the absence of or withdrawal of a formal complaint and/or desire of the complainant to remain anonymous;
  • The Pre-Fact-Finding Resolution of Complaint/Acceptance option;
  • The Respondent’s Statement option;
  • The Respondent will be required to sign a Process/Non-Retaliation Acknowledgement Form, agreeing to the following:
    • To refrain from all contact with the Respondent (in-person, written, or by third party) until further notice (this restriction will be reevaluated at the conclusion of the Investigation and Adjudication processes),
    • To refrain from any retaliatory conduct against the Complainant or any witnesses in the matter, knowing that the Respondent may be responsible for any retaliation by persons affiliated with the Respondent (i.e. a friend or family member),
    • During the Investigation and Adjudication phases only, to limit discussing the facts of the complaint with anyone other than those authorized to see such information under this process. The Respondent will also still be able to discuss the facts underlying the subject of the disciplinary complaint with counselors, clergy, other therapeutic professionals, family, and other support persons. This is to preserve the integrity of the investigative process.
    • After the Investigation and Adjudication phases are complete, either party will not be required to abide by a nondisclosure agreement, in writing or otherwise, that would prevent the re-disclosure of information related to the outcome of the proceeding.
  • The fact that professional reporting requirements may exist and may require further action, should the Respondent be found in violation of policy.

The Respondent has the right to remain silent. Refusal/failure by the Respondent to meet and cooperate with the Director of Student Conduct or Investigators regarding this matter or to sign an Acknowledgement form, as determined by the Dean of Student Affairs, may result in 1) an interim suspension of the Respondent from the University and/or 2) the adjudication of the disciplinary complaint without input of the Respondent.

Pre-Fact-Finding Resolution of Complaint/Acceptance

After meeting with the Director of Student Conduct or designee and reviewing the Complaint Form, the Respondent has the right to end the Sexual Misconduct Adjudication Process by accepting responsibility for the conduct as alleged in the Complaint Form. If the Respondent accepts responsibility for the conduct alleged in the Complaint Form, the process would not proceed to the Fact-Finding Investigation phase. Instead, the matter would be referred to a Sexual Misconduct Board (Individual Conduct Board or Group Conduct Board, depending on the Complainant’s preference) to decide the issue of the appropriate disciplinary action against the Respondent. This process will operate in accordance with the hearing procedures as described below (“Adjudication Procedures”). The Respondent must decide whether he/she would like to utilize this resolution/acceptance process within five (5) days of the Initial Meeting with the Director of Student Conduct or designee.

Once the Respondent accepts responsibility, such acceptance cannot be withdrawn. A written finding of the acceptance of responsibility and the resulting disciplinary action will be issued by the Board, which will become part of the Respondent’s student records and will be shared with the Complainant.

Respondent’s Statement Option

The Respondent also has the option to submit a Respondent’s Statement within five days of the Initial Meeting with the Director of Student Conduct. This document is optional and serves to assist with information gathering during the Fact-Finding Process. If submitted, it would not be shared with the Complainant until the Fact-Finding Process is complete and the adjudication process starts. If the Respondent chooses to submit this document, it should include the Respondent’s full account of the event and its context, as well as his or her reflections as follows:

  • Tell the story in full. Relate in full the facts of the incident as you recall them. You should take care to distinguish between what you saw, heard, or experienced from what you may have learned later from others.
  • Describe the context. It is important for you to give your perception of the conduct and the context in which the alleged incident occurred, including its location, and any witnesses to it.
  • Reflect on the event. It is helpful for you to provide any conclusions you have drawn about the incident, stating clearly why you believe that your actions have not violated University policy or the Code of Conduct.
  • A descriptive list of all sources of information (e.g., witnesses, correspondence, records, etc.) should be attached to the Respondent’s Statement. That list should include information which the Respondent believes should be considered in deciding the disciplinary complaint, along with a brief explanation of why this information would be relevant and helpful to the process. Please identify the sources and/or location of this supporting information but do not attempt to obtain the information yourself. The Investigators will solicit relevant statements or documents referenced through this process.

Once submitted, the Respondent’s Statement may not be amended. Respondents are encouraged to share a draft of the statement with someone who is well-positioned to discuss, among other matters, the statement’s style, organization, length, and clarity, while also anticipating questions it may raise for the fact-finder. The Respondent will be required to sign a statement verifying that the Statement is an accurate representation of their recollection of the events.

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Fact-Finding Investigation

The Director of Student Conduct or designee will initiate a Fact-Finding Investigation, utilizing the University’s neutral Investigators. It is the responsibility of the Investigators, not the parties, to gather the evidence relevant to the complaint and the facts raised in the parties’ statements, to the extent reasonably possible. During the course of the investigation, the Investigators may utilize some or all of the following procedures, in whatever order the Investigators deem most appropriate. The scope of the Fact-Finding Investigation will not be limited to information provided by the parties or to the violations outlined in the disciplinary complaint. In all cases, the Investigators will conduct an adequate, reliable, and impartial investigation into the allegations of the disciplinary complaint, reviewing all evidence deemed to be relevant. Parties and Witnesses will make themselves reasonably available to the Investigators.

Investigation Timeline

The Fact-Finding Investigation may take up to twenty-one days to complete. This timeline may be reasonably extended for good cause; examples of such include if many witnesses may need to be interviewed, during University closures, and so-forth. Written notice will be provided to the Complainant and Respondent if such a delay is occurs and why.

Investigators

The University’s Investigators are staff and faculty who are selected by the Office of Student Conduct to perform Fact-Finding Investigations regarding matters of sexual misconduct between students. They are trained to conduct balanced and thorough inquiries into incidents of this nature, all while maintaining a level of privacy as dictated by University protocol. Often, two Investigators will be assigned per incident (though exceptions may be made at the discretion of the Director of Student Conduct, or designee).

Topics of Consideration

Upon being assigned to a case, Investigators will conduct the following:

  • Document Review: The Investigators will review any statements and all of the supporting materials. The Investigators will then attempt to obtain any documents or other materials deemed relevant to the investigation.
  • Party Interviews: The Investigators will interview the Complainant and the Respondent separately. This meeting is an opportunity for the participant to discuss his/her recollection of the event in question, supplement any written statements already submitted, voice any concerns, and to work with the Investigators to determine what information may be helpful in the investigation of the allegations. Parties may also discuss the impact that this experience has had on them. The Investigators may interview the parties more than once, as necessary. After interviews have concluded, the Investigators will write a summary report of each party’s experiences, and consult with the respective parties to review, edit, and have sign off on a final copy of the report.
  • Witness Interviews: The Investigators will attempt to contact and interview any witnesses identified by the parties that the Investigators deem to be relevant to the resolution of the disciplinary complaint. The Investigators may also interview any other persons which the Investigators find to be potentially relevant to this matter. Witnesses may not bring support persons to their interviews. The Investigator will employ best efforts to interview relevant witnesses who are no longer on campus or in the local area, attempting to contact them by phone or internet. Witnesses will be required to sign a Process / Non-Retaliation Acknowledgement, agreeing:
    • To refrain from any retaliatory conduct against the Complainant, Respondent, or any witnesses in the matter,
    • During the Investigation and Adjudication phases only, to limit discussing the facts of the complaint with anyone other than those authorized to see such information under this process. The witness will also still be able to discuss the facts underlying the subject of the disciplinary complaint with counselors, clergy, other therapeutic professionals, family, and other support persons. This is to preserve the integrity of the investigative process.
  • Expert Witnesses: The Investigators reserves the right to consult with any experts which he/she deems necessary to the determination of the facts of this case. An expert witness could be consulted to review or provide a professional opinion regarding evidence discovered in the Fact-Finding Investigation.
  • Other Evidence: Students can address issues and present documents to the Investigator without concerns about admissibility. It should be noted that if the Investigators determines that the issues raised and/or documents presented are relevant and probative of whether the alleged conduct occurred, then, in the interest of fairness, that information will be disclosed to the opposing party.
    • Written and Photographic Evidence: (preserve text messages, emails, letters, photos, social media posts, etc. log of events.)
    • Sexual History: In a case of Sexual Misconduct, questioning about the Complainant’s sexual history with anyone other than the Respondent will not be permitted; sexual behavioral outside the relationship between the Complainant and Respondent will not be considered in the hearing. Additionally, prior consensual sexual activity between the two parties will not be determinative of the issue of consent in the pending disciplinary complaint. Consent to one sexual act does not constitute consent for another sexual act.
    • Medical and Counseling Records: The use of medical and/or counseling records in the Sexual Misconduct Adjudication Process is rare. Medical and counseling records are privileged and confidential documents that students will not be required to disclose in this process. Medical and counseling documents being privileged means that they cannot be shared with anyone other than the treating professional unless the patient agrees to disclosure. Students should be aware that there are legal implications to agreeing to produce privileged records. Students are encouraged to seek advice from a knowledgeable source about the possible consequences of releasing this information.
      • A Complainant/Respondent who, after due consideration, believes that his/her own medical or counseling records would be helpful in determining whether Sexual Misconduct occurred, has several options for voluntarily presenting this information:
        • The Complainant/Respondent can voluntarily decide to present his/her own medical or counseling records to the Investigator as part of the documents which he/she would like to have the Board consider in deciding the disciplinary complaint. Please note that if a party decides to produce such records, they must be produced in their entirety. The production of excerpts or selected documents is inappropriate and will not be considered;
        • The Investigator may ask a Complainant or Respondent to voluntarily provide a verification of therapeutic or medical services to confirm simply that such treatment occurred, but not providing any details regarding that treatment.

Recordings

Interviews with the Complainant, Respondent and Witnesses may be recorded by the Investigators so that they may go back to review statements in order to compose the most accurate reports possible. During these meetings, only the Investigators may record the meetings; no other recordings will be allowed. These recordings will be kept through the Fact-Finding Investigation and Adjudication periods and will be deleted. Protocols for recording conduct hearings is below in the “Adjudication Procedures” section.

Investigative Report

Once the Fact-Finding Investigation has been completed, the Investigators will evaluate the information obtained during this process. The Investigators will prepare a report summarizing and analyzing the relevant facts received through the Investigation, noting any supporting documentation or statements. As mentioned above, the Complainant and Respondent will be able to review and approve their respective sections before the report is finalized. Under ordinary circumstances, the Investigative Report should be submitted to the Director of Student Conduct within seven days after the completion of the Fact-Finding Investigation.

Determining Charges

The Director of Student Conduct (and/or designee(s)) will use the Investigative Report to determine if sufficient information exists to warrant a hearing. If so, he or she will determine the alleged policy violations the Respondent will be reviewed under. This determination could result in charges stemming from the Student Sexual Misconduct Policy, the Student Code of Conduct, and/or any other University policy.

If an incident results in a Respondent being simultaneously charged with violating the Student Code of Conduct in addition to the Sexual Misconduct Policy, in most cases, the University will utilize the Student Sexual Misconduct Adjudication Procedures to resolve all allegations, including protocols related to sanctioning and appeals. Exceptions from this course of action only made where there are compelling mitigating circumstances.

Hearing Type

As the Investigative Report is finalized, the Complainant will confirm whether he or she would like to pursue an Individual Board Hearing or a Group Board Hearing if they have not done so already; the potential outcomes of each of these types of hearings are different and details regarding these differences are written below in the “Adjudication Procedures” section.

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Adjudication Procedures

Once the Investigative Report is finalized, the Office of Student Conduct will inform both the Complainant and Respondent, in writing, of the alleged policy violations, and the conduct hearing time and location. Both the Respondent and the Complainant have the right to review all documentation, including the Investigative Report and any supplemental documents, at least 72 hours before the hearing.

Hearing Scheduling and Preparations

The hearing will be scheduled no fewer than five and no more than ten days after the Investigative Report is submitted to the Director of Student Conduct. If this time frame cannot be met, both the Respondent and the Complainant will be notified promptly. Only specific conditions may allow for a hearing delay such as academic calendar delays, the temporary withdrawal of either student, or medical emergency of any participant of the scheduled hearing. Both the Respondent and the Complainant will be informed by the Director of Student Conduct (or designee) of the hearing format and related protocol.

Pertinent records, exhibits, and written statements that are reasonably related to the issues being heard may be accepted as information for consideration by a Conduct Board at the discretion of the Board. All such records must be submitted to the Director of Student Conduct within at least 120 hours (five days) before the hearing so they may be shared with the other party within the established time frame.

Two hearing options are available:

  • an Individual Conduct Board Hearing: a series of meetings with one trained Conduct Board Officer and the Complainant, Respondent, and Witnesses one-on-one with no possibility of University Expulsion, Revocation of Admission and/or Degree, and Withholding Degree being implemented as resulting sanctions, or
  • a Group Conduct Board Hearing: a meeting with a three-person, trained Conduct Board and the Complainant and Respondent (either in-person or by video feed), calling in Witnesses as necessary, with all sanctions available as potential outcomes.

Further details for each of these processes are written below.

Both hearing types utilize the same standard of evidence the University uses for all student conduct hearings: that is to say, all decisions are made based on a “preponderance of evidence,” meaning the alleged policy violation was more likely than not to have happened (this is also known as having more than a 50% chance to have occurred). Mediation between parties (Complainant and Respondent) is never an appropriate resolution method for cases of Sexual Misconduct.

As previously mentioned, the Complainant will have selected his or her desired hearing type either when filing the complaint or as the Fact-Finding Investigation is concluding. In most circumstances, this is the type of hearing that the University will conduct. However, there is a possibility that a Group Conduct Board Hearing might be required in some cases. In cases where the Director of Student Conduct, in consultation with the Title IX Coordinator, the Dean of Students, and Campus Public Safety determines there is a pattern of behavior that poses a significant risk to the community, a Group Conduct Board Hearing may be required to adjudicate an alleged incident so that the University may pursue University Expulsion, Revocation of Admission and/or Degree, and Withholding Degree as possible outcomes. For example, in the rare case where there is a clear pattern of sexual misconduct by the same student against multiple individuals, a Group Conduct Board Hearing may be required.

For both types of hearings, the following protocols apply:

  • Hearings will be convened in a private room and will not be open to the public. A record of the hearing (digital audio and/or written) will be maintained by the University. No other recordings shall be made at the hearing. Any person disruptive to a hearing may be excluded from the process by the Director of Student Conduct (or designee) and/or a Conduct Board. If this person is a student, he or she will be subject to disciplinary sanctions including immediate suspension and/or lesser charges appropriate to the disruption.
  • All students have a right to a fair and impartial hearing. However, a student’s failure to attend a scheduled hearing after receiving appropriate, timely notice, or a student’s failure to participate appropriately in the proceeding, are not sufficient reasons to halt the Conduct Board from rendering a decision.
  • In Hearings involving more than one Respondent, the Director of Student Conduct (or designee) in his or her discretion, may permit the hearings concerning each student to be conducted either separately or jointly.
  • Neither the Respondent nor Complainant may question one another directly, however both will have the opportunity to suggest questions for the Conduct Board to ask. Procedures for submitting questions will be explained during the hearing process. The Conduct Board retains ultimate authority over which questions shall be asked or not asked.
  • The Complainant, the Respondent and the University may arrange for witnesses to present pertinent information to the Conduct Board. The University will try to arrange the attendance of potential witnesses who are members of the University community, if reasonably possible, and who are identified by the Complainant and/or Respondent during the Investigation phase to the Hearing. Witnesses will provide information to and answer questions from the Conduct Board. Witnesses who can only speak to the personality or moral character of the Respondent (“Character Witnesses”) are not permitted in hearings.
  • For both Individual Conduct Board Hearings and Group Conduct Board Hearings, the adjudicators will be comprised of staff and/or faculty authorized by the University to determine whether a student has violated the Student Code when a violation has been committed. These board members have been trained in conduct protocols and best practices specific to sexual misconduct adjudication.
  • If a Respondent has been found in violation of the Sexual Misconduct Policy, the Director of Student Conduct (or designee) will determine the appropriate sanction(s). This person has been trained in conduct protocols and best practices specific to sexual misconduct adjudication.
  • During either hearing type, the Complainant and Respondent will be given the opportunity to raise issues related to potential conflicts of interest related to the conduct board members. The Respondent and Complainant will be notified of the names of those who will serve on the Board at the time the hearing is scheduled. If either objects to any member or members of the Board, he or she must submit the reasons for objection in writing to the Director of Student Conduct (or designee) no less than 72 hours prior to the hearing. The Director of Student Conduct (or designee) will review the objection and decide whether the Board members should or should not be replaced. Removal from the Board will occur if the Director of Student Conduct (or designee) is convinced that bias or other harm could result from allowing the selected member to adjudicate the incident.
  • In a case of Sexual Misconduct, questioning about the Complainant’s sexual history with anyone other than the Respondent will not be permitted; sexual behavioral outside the relationship between the Complainant and Respondent will not be considered in the hearing. Additionally, prior consensual sexual activity between the two parties will not be determinative of the issue of consent in the pending disciplinary complaint. Consent to one sexual act does not constitute consent for another sexual act.
  • All procedural questions are subject to the final decision of the Director of Student Conduct or designee.

Individual Conduct Board Hearing Option

During an Individual Conduct Board Hearing, the hearing will be procedurally identical for both students – same Conduct Board Officer, same Director of Student Conduct (or designee), same preparatory materials provided, same opportunity for Support Person(s) and/or an Advisor. However, the day and/or time of the hearing will be different to ensure that the Complainant and Respondent do not have direct contact with one another through the process. The two students will not be asked to be in the same room, at the same time, during the hearing.

In the course of the hearing, one Conduct Officer will serve as the Conduct Board to evaluate information and determine whether a student has violated the Student Code. The Conduct Officer will speak individually with both the Respondent and the Complainant. The Conduct Officer will also speak with all relevant Witnesses to the incident before rendering a decision.

After both the Complainant and the Respondent have participated in their portions of the hearing, the Conduct Officer will decide if the Respondent for one or more policy violations. Just as in any University conduct case, decisions are made based on a “preponderance of evidence,” meaning the incident was more likely than not to have happened (more than 50% chance). Lack of voluntary consent constitutes the violation.

If the Respondent is found in violation of one or more policies, the Director of Student Conduct (or designee) will evaluate all facts of the case and determine appropriate sanctions. University Expulsion, Revocation of Admission and/or Degree, and Withholding Degree cannot be imposed as the outcome of an Individual Conduct Board Hearing. A listing of some representative potential conduct sanctions or interventions is included in the “Sanction” section of this procedures document.

Both the Complainant and Respondent will be notified simultaneously in writing within four (4) days of the hearing of the hearing outcome, assigned sanctions (if applicable,) and appeals options. See the “Appeals” section for appeal criteria and procedures.

Pacific University will not require either party to abide by a nondisclosure agreement, in writing or otherwise, that would prevent the redisclosure of information related to the outcome of the proceeding.

Group Conduct Board Hearing Option

In a Group Conduct Board Hearing, both the Complainant and Respondent must appear before the Board, in the same room, to tell his/her side of the incident. The Director of Student Conduct (or designee) will be in attendance to ensure procedural consistency, but will not participate directly and does not have a vote to influence the outcome of the hearing.

In the course of the hearing, the Board will evaluate information and determine whether a student has violated the Student Code. Either the Complainant or Respondent may request participation via streaming video feed (such as Skype), a room partition, or other reasonable visual or physical separation during the hearing. Both the Complainant and Respondent may be questioned by the Board. Neither the Respondent nor Complainant may question one another directly. Both the Respondent and Complainant will have the opportunity to read any submitted documentation regarding the incident and may respond to the information in the reports. The Board will also speak with all relevant Witnesses to the incident before rendering a decision.

After both the Complainant and the Respondent have participated in their portions of the hearing, the Board will decide by majority vote if the Respondent is responsible for one or more policy violations. Just as in any University conduct case, decisions are made based on a “preponderance of evidence,” meaning the incident was more likely than not to have happened (more than 50% chance). Lack of voluntary consent constitutes the violation.

If the Respondent is found in violation of one or more policies, the Director of Student Conduct (or designee) will evaluate all facts of the case and determine appropriate sanctions. Permanent dismissal or expulsion from the University can be imposed as the outcome of a Group Conduct Board Hearing. A listing of some representative potential conduct sanctions or interventions is included in the “Sanction” section of this procedures document.

Both the Complainant and Respondent will be notified simultaneously in writing within four (4) days of the hearing of the hearing outcome, assigned sanctions (if applicable,) and appeals options. See the “Appeals” section for appeal criteria and procedures.

Pacific University will not require either party to abide by a nondisclosure agreement, in writing or otherwise, that would prevent the redisclosure of information related to the outcome of the proceeding.

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Imposition of Sanctions

Only after a finding of responsibility has been reached may prior violations of the Sexual Misconduct Policy, of the Student Code of Conduct, or of public law that are deemed relevant be made known to the Director of Student Conduct (or designee) so that he or she may determine appropriate sanctions. The Respondent’s previous conduct history and any other pertinent information may influence the sanctioning decision(s) and also may act to elevate the sanctions assigned.

A list of sanctions may be imposed upon any student found to have violated the Student Code can be found in the Student Code of Conduct, Article IV: Student Conduct Code Procedures, Section B. Sanctions. The only exception is when a student has been found in violation of one or more policies through the Individual Conduct Board Hearing process; in such cases, the following sanctions may not be applied:

  • University Expulsion—Permanent separation of the student from the University.
  • Revocation of Admission and/or Degree—Admission to or a degree awarded from the University may be revoked for fraud, misrepresentation, or other violation of University standards in obtaining the degree, or for other serious violations committed by a student prior to graduation.
  • Withholding Degree—The University may withhold awarding a degree otherwise earned until the completion of the process set forth in this Student Conduct Code, including the completion of all sanctions imposed, if any.

Sexual misconduct is a serious offense and such violations are subject to any combination of conduct sanctions as described in the Code of Student Conduct. Individuals found responsible for violating the Nonconsensual Sexual Intercourse part of the policy face a recommended sanction of Pacific University suspension or Pacific University expulsion. Deviations from this range are rare and only made where there are compelling mitigating circumstances. Suspensions, if given, are based on satisfying conditions rather than solely on a period of time. Predatory, pattern and/or repeat offenders face Expulsion, which is also available for any serious offense whether pattern, predatory or repeat offending is evidenced or not.

The other forms of sexual misconduct defined in the Student Sexual Misconduct Policy cover a range of behaviors, and therefore a range of sanctions from Warning to Expulsion can be applied, depending on the nature of the misconduct.

Unless otherwise prohibited by law, the University may disclose to anyone—not just the Complainant—the final results of a disciplinary proceeding if it determines that the student is in violation of the Student Sexual Misconduct Policy, and, with respect to the allegation made, the student has committed a violation of the institutions rules or policies.

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Appeals

A decision reached by a Sexual Misconduct Board or a sanction imposed by Director of Student Conduct (or designee) may be appealed by the Respondent(s) or Complainant(s) within four (4) days of the decision. Such appeals shall be in writing and shall be delivered to the Office of Student Conduct. Appeals will only be considered under the following conditions:

1. the party appealing is doing so based on one or more of the criteria listed in section 2.a-d below, and 2. the party appealing has provided a reasonable explanation of the selected criteria in his or her written appeal.

A Sexual Misconduct Appellate Board (“Appellate Board”) will determine if these conditions have been met; if so, the Appellate Board will go on to review the merits of the appeal through an Appeal Meeting.

Appeal Meeting

The Complainant(s) and Respondent(s) will have the opportunity to discuss the appeal through an Appeal Meeting with the Appellate Board. Appeal Meetings will occur within seven (7) days of the appeal being submitted. Each party will meet with the Appellate Board separately. The appeal process is based solely on whether or not the person appealing presents sufficient information to determine that one or more of the grounds for appeal has been met. This Appeal Meeting shall not serve to replace the original hearing, or serve as a discussion regarding anything else but whether or not the grounds for appeal are valid.

The Appellate Board will be able to take into consideration the verbatim record of the original hearing, the hearing outcome, supporting documents, as well as information gathered through discussions with the Complainant(s) and/or Respondent(s) through the Appeal Meetings, for one or more of the following purposes:

a. To determine whether the Hearing was conducted fairly in light of the alleged violations and information presented, and in conformity with prescribed procedures giving the complaining party a reasonable opportunity to prepare and to present information that the Student Code was violated, and giving the Respondent a reasonable opportunity to prepare and to present a response to those allegations. Procedural error will only be an acceptable basis for appeal when such errors were so substantial as to effectively deny the Respondent a fair hearing.
b. To determine whether the sanction(s) imposed were appropriate for the violation of the Student Code, which the student was found to have committed.
c. To determine whether the decision reached regarding the Respondent was based on substantial information, that is, whether there were facts in the case that, if believed by the fact finder, were sufficient to establish that a violation of the Student Code occurred.
d. To consider new information, sufficient to alter a decision, or other relevant facts not brought out in the original hearing, because such information and/or facts were not known to the person appealing at the time of the original Student Conduct Board Hearing.

If the Appellate Board determines that the appeal is not valid, the matter shall be considered final and binding upon all involved and the original Conduct Board decision(s) stands. If the Appellate Board determines that the appeal is valid, the Appellate Board renders a final decision with regard to policy violations and/or sanctions. A successful appeal does not necessarily mean that a case will be dismissed with all violations and sanctions removed. The Appellate Board reviewing the appeal may decide:

  1. to affirm the findings/outcome and sanction(s) imposed by the original Sexual Misconduct Board.
  2. to reverse or modify the decision and/or sanction(s) of the Sexual Misconduct Board. Such reversal or modification shall take place only upon a showing by the respondent of clear and material error on the part of Sexual Misconduct Board and which error affected the outcome of the case.
  3. to dismiss the entire case. Dismissal will occur only if there is insufficient information to support a finding of responsibility for all alleged policy violations.

Both the Complainant and Respondent will be notified simultaneously in writing within two (2) days of the final Appeal Meeting of the appeal outcome. All decisions made by the Appellate Board are final and cannot be appealed.

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Note: Although this policy undergoes regular review, information contained within it is subject to change by Pacific University at anytime. Although notice is not required for any change to take effect, the University will make reasonable attempts to timely notify students of any changes through Web site or email postings, or other methods deemed appropriate by University administration.