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Policy identification number:
|File: Ethical & Responsible Conduct Policies > Anti-Discrimination Policies|
Title IX Sexual Harassment
This policy prohibits sexual harassment including rape, fondling, dating and domestic violence, stalking and unwelcome conduct on the basis of sex, requires supportive measures in response to reports, and provides both informal and formal procedures for resolving sexual harassment complaints.
Associate Vice President, Student Affairs
August 7, 2020
August 14, 2020
t, vpsa, title IX, sexual, harassment
Scheduled for Review
The provisions of this Policy apply to all reported instances of alleged Sexual Harassment that occur while the Complainant is in the United States and is participating in, or attempting to participate in, an Education Program or Activity of the Institution.
III. Reports of Alleged Sexual Harassment
IV. Supportive Measures
V. Fair and Equitable Process
VI. Informal Resolution Process
VII. Formal Resolution Process
IX. Reason for Policy
The College has a responsibility to respond properly to sexual harassment so as to provide equal access to its educational programs, regardless of gender.
For following the policy: All students and employees regardless of their employment classification
For enforcement of the policy: Title IX Coordinator, Deputy Title IX Coordinators
For oversight of the policy: Associate Vice President, Student Affairs
For notification of policy: Policy Librarian
For procedures implementing the policy: Title IX Coordinator, Deputy Title IX Coordinators
Complainant. An individual who is alleged to be the victim of conduct that could constitute Sexual Harassment.
Consent. 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, lack of protest, or resistance, by themselves, cannot be interpreted as consent. Consent must be ongoing throughout a sexual activity and can be revoked at any time. The existence of a dating relationship between the persons involved, or the fact of past sexual relations between them, by itself cannot be interpreted as consent. Consent is not effectively given if force, threats, intimidation or coercion were involved, or if a person is incapable of giving consent due to use of drugs or alcohol, or due to intellectual or other disability.
Days. Calendar days (Sunday through Saturday), not business days.
Education Program or Activity. Locations, events, or circumstances over which Fort Lewis College exercised substantial control over both the Respondent and the context in which the Sexual Harassment occurs, and also includes any building owned or controlled by a student organization that is officially recognized by the Institution.
Formal Complaint. A document filed by a Complainant or signed by the Title IX Coordinator alleging Sexual Harassment against a Respondent and requesting that Fort Lewis College investigate the allegation of Sexual Harassment. (See Section 8, below).
Mandatory Reporter. An employee who has the obligation to report alleged Sexual Harassment and alleged Retaliation to the Title IX Coordinator.
Party. Complainant or Respondent.
Report. An allegation of sexual harassment provided to a mandated reporter or to the Title IX Coordinator directly, which is not a Formal Complaint. Reports may be made for purposes of obtaining supportive measures, to get guidance on handling the incident independently, or simply to make a record of the allegation (See section 4).
Respondent. An individual who has been reported to be the perpetrator of conduct that could constitute Sexual Harassment.
Retaliation. Intimidation, threats, coercion, or discrimination against any individual for the purpose of interfering with any right or privilege secured by Title IX or its implementing regulation, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under this Policy.
Sexual Harassment. Conduct on the basis of sex that satisfies one or more of the following:
Supportive Measures. Non-disciplinary, non-punitive individualized services offered to the Complainant or Respondent. Supportive Measures are discussed in further detail in Section 5 below.
Title IX Coordinator, Kate Suazo, 230 Skyhawk Station, (970) 822-8728, and/or email@example.com. For the purpose of this Policy, actions to be taken by the Title IX Coordinator may be completed by the Title IX Coordinator’s designee.
XII. Cross-Referenced Policies
Fort Lewis College Anti-Discrimination Policies