Policy identification number: To come
File: Ethical & Responsible Conduct Policies > Anti-Discrimination Policies
This policy states the expectation that the Fort Lewis College community should be free from sexual misconduct, including sexual harassment, sexual violence, dating violence, domestic violence, and stalking. The policy also explains how to report sexual misconduct committed by Fort Lewis College community members. Complaints managed through the Sexual Misconduct Policy are resolved in accordance with the Fort Lewis College Grievance Procedure.
Vice President for Student Affairs
October 5, 2018
October 5, 2018
s,vpsa, sexual, misconduct
Scheduled for Review
I. Statement of Policy
II. Definitions and Prohibited Behavior
Sexual Harassment. Sexual harassment is defined as unwelcome conduct of a sexual nature, unwelcome sexual advances, requests for sexual favors, and other visual, verbal or physical conduct of a sexual nature.
Gender Based Harassment is prohibited under the Discriminatory Harassment Policy. It includes conduct (verbal, gestures, written, graphic, physical, cyberbullying) directed against any person or a small group of persons because of basis of actual or perceived gender, sexual orientation, gender identity, gender expression, that has the reasonably foreseeable effect of creating an offensive, demeaning, intimidating, threatening, or hostile environment for that person or a small group of persons.
Sexual violence. Sexual violence is a form of sexual misconduct and refers to physical non-consensual sexual acts. Sexual violence includes:
Intimate Partner Violence. Intimate partner violence is a form of sexual misconduct and includes:
Stalking. Stalking means engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for his or her safety or the safety of others or suffer substantial emotional distress, including causing a person to respond by altering their activities.
Attempt. Attempts to engage in any act prohibited by this policy is a violation of this policy.
Consent. Consent is affirmative, knowing, and voluntary words or actions that create a mutually understandable and clear agreement to engage in sexual activity. It is the responsibility of each person involved in the sexual activity to ensure that he or she has the affirmative consent of the other or others to engage in the sexual activity. Silence and/or lack of protest or resistance, by themselves, cannot be interpreted as consent. Consent must be ongoing throughout a sexual activity and may be withdrawn at any time, as long as the withdrawal is communicated clearly. Withdrawal of consent can be communicated in many ways and need not be a verbal withdrawal of consent. The existence of a dating relationship or previous sexual relationship between the persons involved cannot be interpreted as consent. Consent is not effectively given if it results from the use of force, threats, intimidation or coercion, or if a person is incapable of giving consent due to use of drugs or alcohol, or due to intellectual or other disability.
Fort Lewis College Community. The Fort Lewis College community includes all academic, educational, extracurricular, athletic, and other programs of the school, whether those programs are in Fort Lewis College facilities or at a program sponsored by the school elsewhere. Members of the Fort Lewis College community include any employee, faculty member, student, or authorized volunteer.
Complaint. Complaint means a written allegation of sexual misconduct or retaliation that is made on the College’s complaint form at www.fortlewis.edu/tellsomeone. Any member of the College community who has been a victim of sexual misconduct is encouraged to report the matter to the appropriate supervisor(s) or the Coordinator. If an individual wishes to notify the College of possible sexual misconduct and requires resolution, he or she must complete this College’s complaint form. All complaints alleging sexual misconduct will be resolved under the Fort Lewis College Grievance Procedure. Inquiries relating to procedure can be made at any time to the Coordinator; however, a procedural inquiry alone does not constitute a complaint.
Complainant. Complainant is an individual or organization filing a complaint regarding sexual misconduct. The victim may or may not be the complainant. The appropriate Vice President or designee may, on behalf of Fort Lewis College, initiate a complaint, serve as complainant, and initiate sexual misconduct proceedings under the Grievance Procedure without a formal complaint by the victim of misconduct.
Respondent. Respondent is the individual against whom a complaint has been filed.
Parties. Parties are the complainant and the respondent. The victim may be treated as a party for notice purposes, if the victim is not the complainant.
III. Title IX Coordinator
The Title IX Coordinator is the individual responsible for receiving and overseeing all sexual misconduct allegations, reports and complaints and identifying and addressing any patterns or systemic problems that arise during the review of such complaints. In addition, the Title IX Coordinator shall:
The College’s primary concern is safety. The use of drugs or alcohol never makes the victim at fault for sexual misconduct. Complainants and witnesses will receive amnesty for drug or alcohol use that occurs in the same incident where sexual misconduct is alleged. In addition, a respondent’s voluntary use of drugs or alcohol will never function as a defense to a violation of this policy.
V. Privacy and Confidentiality
The initial discussion regarding a concern will be kept confidential to the full extent permitted by law. The College will honor requests for confidentiality to the extent permitted by law. While all efforts will be made to protect privacy, confidentiality cannot be guaranteed when other members of the College community may be at risk, or when the Coordinator has reason to believe a crime has been committed. In some cases, the College may be required to report information to law enforcement, and/or investigate and take action on the basis of the facts it discovers.
VI. Reporting Requirement
Most Fort Lewis College employees are Responsible Employees and are required to report sexual misconduct to the Coordinator if they know or have reason to know of an incident of sexual misconduct in the College’s learning and working environment involving a member of the College community. Counseling Center and Health Center employees are not Responsible Employees and are not required to report sexual misconduct to the Title IX Coordinator. Employees who are not sure whether they are Responsible Employees should contact the Title IX Coordinator.
Fort Lewis College offers training online and/or in person regarding prevention of sexual misconduct, reporting of sexual misconduct, bystander intervention, and sexual consent.
VIII. Reason for Policy
To initiate operating procedures for handling complaints of sexual misconduct on campus and supporting students who have experienced sexual misconduct off campus.
For following policy: All students and employees regardless of their employment classification
Cross Referenced Policies
This policy supersedes Sexual Misconduct Policy approved Dec. 6, 2013. This revised policy was approved by the Board of Trustees on February 13, 2015 to bring the policy in alignment with the Violence Against Women Reauthorization Act ("VAWA"), which amended the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act ("Cleary Act"), and imposed new obligations on colleges and universities under its Campus Sexual Violence Act ("SaVE Act") provision, Section 304, for which the U.S. Department of Education issued final regulations on October 20, 2014. Among other things, these regulations require prevention programs, reporting, and definitions regarding Dating Violence, Domestic Violence, Sexual Assault, and Stalking. This revised policy addresses those regulations, defines additional terms, and brings the policy into alignment with the College's Equal Opportunity and Affirmative Action policy approved by the Board of Trustees on October 17, 2014.
This revised policy was approved by the President's Cabinet on August 24, 2016 and the Board of Trustees on October 7, 2016. Revisions include (1) conflation of the two “Harassment” definitions of “Sexual Harassment” and “Hostile Environment Sexual Harassment” into one; (2) waiving adjudication of substance abuse conduct violations for victims or witnesses who wish to make a complaint; (3) expansion of confidential reporting options; (4) articulation of “Interim Remedies” for victims; and (5) articulation of the requirement that responsible employees must report sexual misconduct.
July 2018 - technical change removing the Consensual Relationships section as this section is replaced by the Amorous Relationships policy.
October 2018 - minor changes reorganization and wording changes made to policy