2013-2014 Occidental College Sexual Assault Policy

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9/7/13 Policies & Procedures | Occidental College | The Liberal Arts College in Los Angeles www.oxy.edu/sexual-assault-resources-support/policies-procedures#V. Prohibited Conduct and Definitions 1/29 MyOxy Library Offices & Services Newsroom Calendars Our Story Admission & Aid Academics Life at Oxy Los Angeles Oxy Voices Giving Go Tigers! Sexual Assault Resources & Support » Policies & Procedures Policies & Procedures Members of the college community, guests and visitors have the right to be free from sexual violence. Occidental College Sexual Misconduct Policy Applies to sexual and gender-based harassment, sexual violence, stalking and intimate partner violence 1. Introduction: Institutional Values and Community Expectations Sets forth the College’s values and expectations for community members 2. Scope of Policy Outlines the College’s jurisdiction to take action 3. Notice of Non-Discrimination Outlines protected classes and protections under Title IX 4. Privacy v. Confidentiality Delineates the difference between confidential resources and those that will maintain an individual’s privacy 5. Prohibited Conduct and Definitions Provides specific definitions for sexual harassment and other forms of prohibited conduct, consent, force and incapacitation; also outlines policy on prohibited relationships by persons in authority 6. Resources Outlines on and off campus resources, including confidential resources 7. Reporting Provides emergency, campus, anonymous and law enforcement reporting options, timeframes, and provisions for amnesty, retaliation and mandatory reporting of suspected child abuse 8. Interim Measures, Remedies and Accommodations Sets forth the range of interim protections available 9. Options for Resolution Provides an overview of how the College will investigate and resolve a report under this policy, including an initial Title IX assessment, informal resolution, and formal resolution. 10. Appendix A: Resolving Complaints Against a Student Provides specific procedures for resolution of a complaint against a student I. Introduction: Institutional Values and Community Expectations Occidental College is committed to providing a non-discriminatory and harassment-free educational, living Sexual Assault Resources & Support Survivor Advocate Naddia Palacios: (323) 259-1359 Interim Title IX Coordinator Lauren Carella: (323) 259-1338 Campus Safety Emergency Line: (323) 259-2511 or dial 5 from any campus phone Dean of Students Office: (323) 259-2661 Get Help How to Report Care & Support Supporting a Friend/Student Policies & Procedures Sexual Respect at Oxy Sexual Assault Resources & Support 9/7/13 Policies & Procedures | Occidental College | The Liberal Arts College in Los Angeles www.oxy.edu/sexual-assault-resources-support/policies-procedures#V. Prohibited Conduct and Definitions 2/29 and working environment for all members of the Occidental community, including students, faculty, administrators, staff, and visitors. This policy prohibits all forms of sexual or gender-based harassment, discrimination or misconduct, including sexual violence, sexual assault, stalking and intimate partner violence. Misconduct of this nature is contrary to Occidental’s institutional values and prohibited by state and federal law. Occidental encourages the prompt reporting of any incident of sexual or gender-based misconduct to the College and to local law enforcement or civil rights enforcement agencies. Upon receipt of a report, the College will take prompt and effective action by: providing interim remedies and support for individuals who make a report or seek assistance under this policy (referred to as the “Complainant”); conducting a review of the conduct under Title IX of the Education Amendments of 1972; addressing the safety of individuals and the campus community; and as warranted, pursuing resolution through informal measures or formal disciplinary action against the accused individual (referred to in this policy as the “Respondent”). The policy provides specific procedures for investigation and resolution based on the role of Respondent (student, staff or faculty). All Occidental community members are strongly encouraged to report information regarding any incident of sexual harassment, sexual violence, stalking or intimate partner violence directly to the Title IX Coordinator or a member of the Title IX team. The College cannot take appropriate action unless an incident of sexual harassment, sexual violence, stalking or intimate partner violence is reported to a “responsible employee” of the College. All members of the Occidental community are expected to conduct themselves in a manner that does not infringe upon the rights of others. The College will not tolerate sexual harassment, sexual violence, stalking and intimate partner violence. Any individual who is found to have violated this policy may face disciplinary sanctions up to and including expulsion or termination of employment. This policy has been developed to reaffirm Occidental’s institutional values, to define community expectations, to provide recourse for those individuals whose rights have been violated, and to provide for fair and equitable procedures for determining when this policy has been violated. The College is committed to fostering a climate free from sexual harassment, sexual violence, and intimate partner violence through clear and effective policies, a coordinated education and prevention program, and prompt and equitable procedures for resolution of complaints. Retaliation against any person or group who makes a complaint, cooperates with an investigation, or participates in a grievance procedure is a violation of College policy. Retaliation should be reported promptly to the Title IX Coordinator for investigation, which may result in disciplinary action independent of any sanction or interim measures imposed in response to the underlying allegations of discrimination and/or harassment. The College encourages all members of our community to participate in the process of creating a safe, welcoming and respectful environment on campus. In particular, the College expects that all Occidental community members will take reasonable and prudent actions to prevent or stop an act of sexual misconduct. Taking action may include direct intervention when safe to do so, enlisting the assistance of friends, contacting law enforcement, or seeking assistance from a person in authority. Community members who chose to exercise this positive moral obligation will be supported by the College and protected from retaliation. II. Scope of Policy The policy applies to all Occidental community members, including students, faculty, administrators, staff, volunteers, vendors, independent contractors, visitors and any individuals regularly or temporarily employed, studying, living, visiting, conducting business or having any official capacity with the College or on College property. This policy is intended to protect and guide individuals who have been affected by sexual harassment, sexual violence, stalking or intimate partner violence, whether as a Complainant, a Respondent, or a third party, and to provide fair and equitable procedures for investigation and resolution of reports. When used in this policy, Complainant refers to the individual who identifies him/herself as being a victim or survivor of sexual harassment, sexual violence, stalking or intimate partner violence. A Respondent refers to the individual who has been accused of prohibited conduct under this policy. A third party refers to any other participant in the process, including a witness to the incident or an individual who makes a report on behalf of someone else. All Occidental College community members are required to follow College policies and local, state, and federal law. This policy applies to conduct occurring on Occidental College property or at College-sanctioned events or programs that take place off campus, including study abroad and internship programs. In situations in which both the Complainant and Respondent are members of the Occidental College community, this 9/7/13 Policies & Procedures | Occidental College | The Liberal Arts College in Los Angeles www.oxy.edu/sexual-assault-resources-support/policies-procedures#V. Prohibited Conduct and Definitions 3/29 policy will apply regardless of the location of the incident. In particular, off campus conduct that is likely to have a substantial adverse effect on, or poses a threat of danger to, any member of the Occidental College community or Occidental College is covered under this policy. A Complainant is encouraged to report misconduct regardless of where the incident occurred, or who committed it. Even if the College does not have jurisdiction over the Respondent, the College will still take prompt action to provide for the safety and well-being of the Complainant and the broader campus community. III. Notice of Non-Discrimination The College does not permit discrimination or harassment in its programs and activities on the basis of race, color, national origin, ancestry, sex, gender, gender identification, sexual orientation, disability, age, religion, physical and/or mental disability, medical condition, veteran status, marital status or any other characteristic protected by institutional policy or state, local, or federal law. This policy addresses all forms of sexual discrimination, including sexual harassment, sexual violence and intimate partner violence. Occidental College does not discriminate on the basis of sex in its educational, extracurricular, athletic, or other programs or in the context of employment. Sex discrimination is prohibited by Title IX of the Education Amendments of 1972, a federal law that provides that: 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. Sexual harassment is also prohibited under Title VII of the Civil Rights Act of 1964, the California Fair Employment and Housing Act, and other applicable statutes. This policy prohibits sexual harassment, sexual violence, stalking and intimate partner violence against Occidental community members of any gender, gender identity, gender expression or sexual orientation. This policy also prohibits gender-based harassment that does not involve conduct of a sexual nature. The College, as an educational community, will respond promptly and equitably to reports of sexual harassment, sexual violence, stalking and intimate partner violence in order to eliminate the harassment, prevent its recurrence, and address its effects on any individual or the community. The College has designated Lauren Carella to serve as the College’s interim Title IX Coordinator. The Title IX Coordinator oversees the College’s centralized review, investigation, and resolution of reports of sexual harassment, sexual violence and intimate partner violence. The Coordinator also oversees the College’s overall compliance with Title IX. The Title IX Coordinator is: Responsible for oversight of the investigation and resolution of all reports of sexual harassment, sexual violence and intimate partner violence involving students, staff, administrators, faculty, vendors, and visitors; Assisted by designated Deputy Title IX Coordinators in athletics, student affairs, human resources, and the faculty, and by a Title IX team as detailed in this policy. These Deputy Title IX Coordinators have a shared responsibility for supporting the Title IX Coordinator and are accessible to any member of the community for consultation and guidance; Knowledgeable and trained in College policies and procedures and relevant state and federal laws; Available to advise any individual, including a Complainant, a Respondent or a third party, about the courses of action available at the College, both informally and formally, and in the community; Available to provide assistance to any College employee regarding how to respond appropriately to a report of sexual harassment, sexual violence, stalking or intimate partner violence; Responsible for monitoring full compliance with all procedural requirements and time frames outlined in this policy; and Responsible for training, prevention and education efforts and periodic reviews of climate and culture. The Title IX Coordinator is supported by the Title IX team. Members of this interdepartmental team include the Title IX Coordinator, Title IX Deputy Coordinators, and the Chief of Campus Safety. In addition, based on the role of the Complainant and the Respondent, the members of the team could include the Vice President for Academic Affairs and Dean of the College and a representative from the Dean of Students Office and/or Human Resources. Composition of the team will be limited to a small circle of individuals who “need to know” in order to implement procedures under this policy. Inquiries or complaints concerning the application of Title IX may be referred to the College’s Title IX Coordinator, Deputy Title IX Coordinators and/or to the U.S. Department of Education’s Office for Civil Rights: 9/7/13 Policies & Procedures | Occidental College | The Liberal Arts College in Los Angeles www.oxy.edu/sexual-assault-resources-support/policies-procedures#V. Prohibited Conduct and Definitions 4/29 Lauren Carella Interim Title IX Coordinator (323) 259-1338 AGC 108 lcarella@oxy.edu Web: http://www.oxy.edu/office-title-ix Office for Civil Rights Beale Street, Suite 7200 San Francisco, CA (415) 486-5555 Email: OCR@ed.gov Web: http://www.ed.gov/ocr50 Inquiries involving employees may also be referred to: California Department of Fair Employment and Housing 1055 West 7th Street, Ste 1400 Los Angeles, CA 90017 (213) 439-6799 United States Equal Employment Opportunity Commission Roybal Federal Building 255 East Temple St., 4th Floor Los Angeles, CA 90012 1-800-699-4000 IV. Privacy vs. Confidentiality The College is committed to protecting the privacy of all individuals involved in a report of sexual harassment, sexual violence, stalking or intimate partner violence. All College employees who are involved in the College’s Title IX response, including the Title IX Coordinator, investigators, and hearing panel members, receive specific instruction about respecting and safeguarding private information. Throughout the process, every effort will be made to protect the privacy interests of all individuals involved in a manner consistent with the need for a thorough review of the report. Privacy and confidentiality have distinct meanings under this policy. Privacy: Privacy generally means that information related to a report of misconduct will only be shared with a limited circle of individuals. The use of this information is limited to those College employees who “need to know” in order to assist in the active review, investigation or resolution of the report. While not bound by confidentiality, these individuals will be discreet and respect the privacy of all individuals involved in the process. Confidentiality: Confidentiality means that information shared by an individual with designated campus or community professionals cannot be revealed to any other individual without the express permission of the individual. These campus and community professionals include mental health providers, ordained clergy, rape crisis counselors and attorneys, all of whom have legally protected confidentiality. These individuals are prohibited from breaking confidentiality unless there is an imminent threat of harm to self or others. An individual who seeks completely confidential assistance may do so by speaking with professionals who have a legally protected confidentiality. On campus, Confidential Resources available to students include psychological counselors in the Emmons Student Wellness Center, ordained clergy in the Office for Religious & Spiritual Life, and the Survivor Advocate. Employees may access confidential assistance through the Employee Assistance Program. Information shared with these resources will remain confidential and will not be shared with the College or anyone else without express permission of the individual seeking services. When a report involves suspected abuse of a minor under the age of 18, these confidential resources are required by state law to notify child protective services and/or local law enforcement. An individual may also seek assistance from a medical provider. In general, the disclosure of private information contained in medical records is protected by the Health Insurance Portability and Accountability Act (HIPAA). In the context of sexual violence, however, medical providers in California are required to notify law enforcement if a patient tells personnel s/he has experienced sexual assault. The patient has the right to request that a survivor advocate be present and to request that law enforcement not pursue a criminal charge. Neither campus nor community medical providers will notify the College of the report. Responsible Employees: In general, most College employees do not have legally protected confidentiality. Under Title IX, a College is required to take immediate and corrective action if a “responsible employee” knew or, in the exercise of reasonable care, should have known about sexual or gender-based harassment that creates a hostile environment. A “responsible employee” includes any employee who: Has the authority to take action to redress the harassment; Has the duty to report to appropriate school officials sexual harassment or any other misconduct by students or employees; or 9/7/13 Policies & Procedures | Occidental College | The Liberal Arts College in Los Angeles www.oxy.edu/sexual-assault-resources-support/policies-procedures#V. Prohibited Conduct and Definitions 5/29 A student could reasonably believe has the authority or responsibility to take action. Using this lens, employees with supervisory and leadership responsibilities on campus are considered “responsible employees.” This may include, for example, faculty, coaches, administrators, Resident Advisors and other student employees with a responsibility for student welfare. The College requires that all “responsible employees” share a report of misconduct with the Title IX Coordinator or a member of the Title IX team. The Title IX team, under the guidance of the Title IX Coordinator, will conduct an initial assessment of the conduct, the Complainant’s expressed preferences, if any, as to course of action, and the necessity for any interim remedies or accommodations to protect the safety of the Complainant or the community. Request for Confidentiality: Where a Complainant requests that his/her name or other identifiable information not be shared with the Respondent or that no formal action be taken, the College will balance this request with its dual obligation to provide a safe and non-discriminatory environment for all College community members and to remain true to principles of fundamental fairness that require notice and an opportunity to respond before action is taken against a Respondent. In making this determination, the College may consider the seriousness of the conduct, the respective ages and roles of the Complainant and Respondent, whether there have been other complaints or reports of harassment or misconduct against the Respondent, and the rights of the Respondent to receive notice and relevant information before disciplinary action is sought. The College will take all reasonable steps to investigate and respond to the complaint consistent with the request for confidentiality or request not to pursue an investigation, but its ability to do so may be limited based on the nature of the request by the Complainant. Where the College is unable to take action consistent with the request of the Complainant, the Title IX Coordinator or a member of the Title IX team will inform the Complainant about the chosen course of action, which may include the College seeking disciplinary action against a Respondent. Alternatively, the course of action may also include steps to limit the effects of the alleged harassment and prevent its recurrence that do not involve formal disciplinary action against a Respondent or revealing the identity of the Complainant. Timely Warning: If a report of misconduct discloses a serious or continuing threat to the Occidental community, the College may issue a campus wide timely warning (which can take the form of an email to campus) to protect the health or safety of the community. The timely warning will not include any identifying information about the Complainant. Even where there is no imminent threat, the College may send campus- wide e-mail notifications on all reported sexual misconduct. At no time will the College release the name of the Complainant to the general public without the express consent of the Complainant. The release of the Respondent’s name to the general public is guided by Family Educational Rights and Privacy Act (FERPA) and the Clery Act. All College proceedings are conducted in compliance with the requirements of FERPA, the Clery Act, Title IX, and state and federal law. No information shall be released from such proceedings except as required or permitted by law and College policy. V. Prohibited Conduct and Definitions The College prohibits all forms of sexual and gender-based harassment, including sexual violence and intimate partner violence. Each of these terms encompasses a broad range of behavior. In general, sexual violence refers to physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent due to incapacitation. Intimate partner violence refers to any act of violence or threatened act of violence, sexual or otherwise, against a person who is or has been involved in a sexual, dating, domestic or other intimate relationship with that person. Within these broad categories, the College prohibits the following specific conduct: A. Sexual Harassment Sexual Harassment: Any unwelcome sexual advance, request for sexual favors, or other unwelcome verbal or physical conduct of a sexual nature when: (1) Submission to or rejection of such conduct is made, either explicitly or implicitly, a term or condition of an individual’s employment, evaluation of academic work, or participation in any aspect of a College program or activity; or (2) Submission to or rejection of such conduct by an individual is used as the basis for decisions affecting the individual; or 9/7/13 Policies & Procedures | Occidental College | The Liberal Arts College in Los Angeles www.oxy.edu/sexual-assault-resources-support/policies-procedures#V. Prohibited Conduct and Definitions 6/29 (3) 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 a subjective and objective standard. A single isolated incident of sexual harassment may create a hostile environment if the incident is sufficiently severe. The more severe the conduct, the less need there is to show a repetitive series of incidents to create a hostile environment, particularly if the harassment is physical. Sexual harassment also includes gender-based harassment, which may include acts of verbal, nonverbal, or physical aggression, intimidation, or hostility based on sex or sex stereotyping, even if those acts do not involve conduct of a sexual nature. Sexual harassment: May be blatant and intentional and involve an overt action, a threat or reprisal, or may be subtle and indirect, with a coercive aspect that is unstated. Does NOT have to include intent to harm, be directed at a specific target, or involve repeated incidents. May be committed by anyone, regardless of gender, age, position or authority. While there is often a power differential between two persons, perhaps due to differences in age, social, educational or employment relationships, harassment can occur in any context. May be committed by a stranger, an acquaintance, or someone with whom the complainant has an intimate or sexual relationship. May be committed by or against an individual or may be a result of the actions of an organization or group. May occur by or against an individual of any sex, gender identity, gender expression or sexual orientation. May occur in the classroom, in the workplace, in residential settings, or in any other setting. May be a one-time event or can be part of a pattern of behavior. May be committed in the presence of others or when the parties are alone. May affect the Complainant and/or third parties who witness or observe harassment and are affected by it. Examples of conduct that may constitute sexual harassment as defined above may include a severe, persistent or pervasive pattern of unwelcome conduct that includes one or more of the following: Physical conduct: Unwelcome touching, sexual/physical assault, impeding, restraining, or blocking movements Unwanted sexual advances within the employment context Verbal conduct: Making or using derogatory comments, epithets, slurs or humor Verbal abuse of a sexual nature, graphic verbal commentaries about an individual's body, sexually degrading words used to describe an individual, suggestive or obscene letters, notes or invitations Objectively offensive comments of a sexual nature, including persistent or pervasive sexually explicit statements, questions, jokes, or anecdotes Visual conduct: Leering, making sexual gestures, displaying of suggestive objects or pictures, cartoon or posters in a public space or forum Severe, persistent, or pervasive visual displays of suggestive, erotic, or degrading sexually oriented images that are not pedagogically appropriate Written conduct: letters, notes or electronic communications containing comments, words, or images described above Quid pro quo conduct: Direct propositions of a sexual nature between those for whom a power imbalance or supervisory or other authority relationship exists Offering employment benefits in exchange for sexual favors Making submission to sexual advances an actual or implied condition of employment, work status, promotion, grades, or letters of recommendation, including subtle pressure for sexual activity, an element of which may be repeated requests for private meetings with no academic or work purpose Making or threatening reprisals after a negative response to sexual advances B. Other Forms of Prohibited Conduct The following forms of conduct fall under the broad definition of sexual harassment, and are specifically prohibited under this policy. The College will treat attempts to commit any prohibited conduct as if those attempts had been completed. 9/7/13 Policies & Procedures | Occidental College | The Liberal Arts College in Los Angeles www.oxy.edu/sexual-assault-resources-support/policies-procedures#V. Prohibited Conduct and Definitions 7/29 Sexual Assault: Having or attempting to have sexual intercourse with another individual: By force or threat of force; Without effective consent; or Where that individual is incapacitated. Sexual intercourse includes vaginal or anal penetration, however slight, with a body part (e.g., penis, tongue, finger, hand) or object, or oral penetration involving mouth to genital contact. This definition tracks the FBI’s Uniform Crime Report definition of rape: “the penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.” Under many state laws, including California, however, rape definitions differ in that they require proof of an element of force or threat of force. Our definition incorporates both. Non-Consensual Sexual Contact: Having sexual contact with another individual: By force or threat of force; Without effective consent; or Where that individual is incapacitated. Sexual contact includes intentional contact with the intimate parts of another, causing another to touch one's intimate parts, or disrobing or exposure of another without permission. Intimate parts may include the breasts, genitals, buttocks, groin, mouth or any other part of the body that is touched in a sexual manner. Sexual Exploitation: Occurs when an individual takes non-consensual or abusive sexual advantage of another for one’s own advantage or benefit, or to benefit or advantage anyone other than the one being exploited. Examples of sexual exploitation include, but are not limited to: surreptitiously observing another individual's nudity or sexual activity or allowing another to observe consensual sexual activity without the knowledge and consent of all parties involved; non-consensual sharing or streaming of images, photography, video, or audio recording of sexual activity or nudity, or distribution of such without the knowledge and consent of all parties involved; exposing one's genitals or inducing another to expose their own genitals in non-consensual circumstances; knowingly exposing another individual to a sexually transmitted disease or virus without his or her knowledge; sexually-based stalking and/or bullying; and inducing incapacitation for the purpose of making another person vulnerable to non-consensual sexual activity. Harm to Others: Words or types of conduct that threaten or endanger the health or safety of any person including physical abuse, verbal abuse, threats, intimidation and/or harassment. This behavior is typically treated as a violation of Occidental’s Code of Student Conduct. Acts which constitute harm to others that are a form of intimate partner violence, or are based on sex or gender, will be resolved under the Sexual Harassment and Assault Policy. Stalking: A course of physical or verbal conduct directed at another individual that could be reasonably regarded as likely to alarm, harass, or cause fear of harm or injury to that person or to a third party. A course of conduct consists of at least two acts. The feared harm or injury may be physical, emotional, or psychological, or related to the personal safety, property, education, or employment of that individual. Stalking includes cyber-stalking, a particular form of stalking in which electronic media such as the Internet, social networks, blogs, cell phones, texts, or other similar devices or forms of contact are used to pursue, harass, or to make unwelcome contact with another person in an unsolicited fashion. Retaliation: Acts or attempts to retaliate or seek retribution against the Complainant, Respondent, or any individual or group of individuals involved in the complaint, investigation and/or resolution of an allegation of sexual misconduct. Retaliation can be committed by any individual or group of individuals, not just a Respondent or Complainant. Retaliation can take many forms, including threats, intimidation, pressuring, continued abuse, violence or other forms of harm to others. C. Consent: Force, Coercion, Incapacitation, Drugs and Alcohol Consent: Under California law, consent means positive cooperation in act or attitude pursuant to an exercise of free will. The person must act freely and voluntarily and have knowledge of the nature of the act or transaction involved. Consent consists of an affirmative, conscious decision by each participant to engage in mutually agreed-upon sexual activity. The following are essential elements of effective consent: 9/7/13 Policies & Procedures | Occidental College | The Liberal Arts College in Los Angeles www.oxy.edu/sexual-assault-resources-support/policies-procedures#V. Prohibited Conduct and Definitions 8/29 Informed and reciprocal: All parties must demonstrate a clear and mutual understanding of the nature and scope of the act to which they are consenting and a willingness to do the same thing, at the same time, in the same way. Freely and actively given: Consent cannot be obtained through the use of force, coercion, threats, intimidation or pressuring, or by taking advantage of the incapacitation of another individual. Mutually understandable: Communication regarding consent consists of mutually understandable words and/or actions that indicate an unambiguous willingness to engage in sexual activity. In the absence of clear communication or outward demonstration, there is no consent. Consent may not be inferred from silence, passivity, lack of resistance or lack of active response. An individual who does not physically resist or verbally refuse sexual activity is not necessarily giving consent. Relying solely upon non-verbal communication can lead to a false conclusion as to whether consent was sought or given. Not indefinite: Consent may be withdrawn by any party at any time. Recognizing the dynamic nature of sexual activity, individuals choosing to engage in sexual activity must evaluate consent in an ongoing manner and communicate clearly throughout all stages of sexual activity. Withdrawal of consent can be an expressed “no” or can be based on an outward demonstration that conveys that an individual is hesitant, confused, uncertain or is no longer a mutual participant. Once consent is withdrawn, the sexual activity must cease immediately and all parties must obtain mutually expressed or clearly stated consent before continuing further sexual activity. Not unlimited: Consent to one form of sexual contact does not constitute consent to all forms of sexual contact, nor does consent to sexual activity with one person constitute consent to activity with any other person. Each participant in a sexual encounter must consent to each form of sexual contact with each participant. Even in the context of a current or previous intimate relationship, each party must consent to each instance of sexual contact each time. The consent must be based on mutually understandable communication that clearly indicates a willingness to engage in sexual activity. The mere fact that there has been prior intimacy or sexual activity does not, by itself, imply consent to future acts. In the state of California, consent cannot be given by minors under the age of 18, except where the parties are within three years of age of one another. Under no circumstances may an adult over the age of 21 engage in sexual activity with a minor under the age of 16. Force: Force is the use or threat of physical violence or intimidation to overcome an individual’s freedom of will to choose whether or not to participate in sexual activity. For the use of force to be demonstrated, there is no requirement that a Complainant resists the sexual advance or request. However, resistance by the Complainant will be viewed as a clear demonstration of non-consent. Coercion: Coercion is the improper use of pressure to compel another individual to initiate or continue sexual activity against his/her will. Coercion can include a wide range of behaviors, including intimidation, manipulation, threats and blackmail. A person’s words or conduct are sufficient to constitute coercion if they wrongfully impair another individual’s freedom of will and ability to choose whether or not to engage in sexual activity. Examples of coercion include threatening to “out” someone based on sexual orientation, gender identity or gender expression and threatening to harm oneself if the other party does not engage in the sexual activity. Incapacitation: Incapacitation is a state where an individual cannot make an informed and rational decision to engage in sexual activity because s/he lacks conscious knowledge of the nature of the act (e.g., to understand the who, what, when, where, why or how of the sexual interaction) and/or is physically helpless. An individual is incapacitated, and therefore unable to give consent, if s/he is asleep, unconscious, or otherwise unaware that sexual activity is occurring. Incapacitation may result from the use of alcohol and/or drugs. Consumption of alcohol or other drugs alone is insufficient to establish incapacitation. The impact of alcohol and drugs varies from person to person, and evaluating incapacitation requires an assessment of how the consumption of alcohol and/or drugs impact an individual’s: decision-making ability; awareness of consequences; ability to make informed judgments; or capacity to appreciate the nature and the quality of the act. Evaluating incapacitation also requires an assessment of whether a Respondent knew or should have known, that the Complainant was incapacitated. 9/7/13 Policies & Procedures | Occidental College | The Liberal Arts College in Los Angeles www.oxy.edu/sexual-assault-resources-support/policies-procedures#V. Prohibited Conduct and Definitions 9/29 Alcohol and Other Drugs: In general, sexual contact while under the influence of alcohol or other drugs poses a risk to all parties. Alcohol and drugs impair a person’s decision-making capacity, awareness of the consequences, and ability to make informed judgments. It is especially important, therefore, that anyone engaging in sexual activity be aware of the other person’s level of intoxication. If there is any doubt as to the level or extent of the other individual’s intoxication or impairment, the prudent course of action is to forgo or cease any sexual contact or activity. Being intoxicated or impaired by drugs or alcohol is never an excuse for sexual harassment, sexual violence, stalking or intimate partner violence and does not diminish one’s responsibility to obtain consent. D. Intimate Partner Violence Intimate partner violence is often referred to as dating violence, domestic violence or relationship violence. Intimate partner violence includes any act of violence or threatened act of violence against a person who is, or has been involved in, a sexual, dating, domestic or other intimate relationship with the Respondent. Intimate partner violence can encompass a broad range of behavior including, but not limited to, physical violence, sexual violence, emotional violence, and economic abuse. It may involve one act or an ongoing pattern of behavior. Intimate partner violence may take the form of threats, assault, property damage, violence or threat of violence to one’s self, one’s sexual or romantic partner or to the family members or friends of the sexual or romantic partner. Intimate partner violence affects individuals of all genders, gender identities, gender expressions, and sexual orientation and does not discriminate by racial, social, or economic background. The College will not tolerate intimate partner violence of any form. For the purposes of this policy, the College does not define intimate partner violence as a distinct form of misconduct. Rather, the College recognizes that sexual harassment, sexual assault, sexual exploitation, harm to others, stalking, and retaliation all may be forms of intimate partner violence when committed by a person who is or has been involved in a sexual, dating or other social relationship of a romantic or intimate nature with the Complainant. Under Clery and the Campus SaVE Act, the College will record and report all relevant incidents of intimate partner violence. E. Prohibited Relationships by Persons in Authority Sexual or other intimate relationships in which one party maintains a direct supervisory or evaluative role over the other party are prohibited. In general, this includes all sexual or other intimate relationships between students and their employers, supervisors, professors, coaches, advisors or other College employees. Similarly, College employees (faculty and staff) who supervise or otherwise hold positions of authority over others are prohibited from having a sexual or other intimate relationship with an individual under his/her direct supervision. The College does not wish to interfere with private choices regarding personal relationships when these relationships do not interfere with the goals and policies of the College. However, faculty, administrators, and others who educate, supervise, evaluate, employ, counsel, coach or otherwise guide students should understand the fundamentally asymmetrical nature of the relationship they have with students or subordinates. Intimate or sexual relationships where there is differential in power or authority produce risks for every member of our community and undermine the professionalism of faculty and supervisors. In either context, the unequal position of the parties presents an inherent element of risk and may raise sexual harassment concerns if one person in the relationship has the actual or apparent authority to supervise, evaluate, counsel, coach or otherwise make decisions or recommendations as to the other person in connection with his/her employment or education at the college. Sexual relations between persons occupying asymmetrical positions of power, even when both consent, raise suspicions that the person in authority has violated standards of professional conduct and potentially subject the person in authority to charges of sexual harassment based on changes in the perspective of the individuals as to the consensual nature of the relationship. Similarly, these relationships may impact third parties based on perceived or actual favoritism or special treatment based on the relationship. Therefore, persons with direct supervisory or evaluative responsibilities who contemplate beginning or are involved in such relationships are required to promptly: 1) discontinue any supervising role or relationship over the other person; and 2) report the circumstances to his/her own supervisor. Failure to fully or timely comply with these requirements is a violation of this policy, and the person in authority could be subject to disciplinary action, up to and including dismissal from employment by the College. Any individual may file a complaint alleging harassment or discrimination, including an aggrieved party outside the relationship affected by the perceived harassment or discrimination. Retaliation against 9/7/13 Policies & Procedures | Occidental College | The Liberal Arts College in Los Angeles www.oxy.edu/sexual-assault-resources-support/policies-procedures#V. Prohibited Conduct and Definitions 10/29 persons who report concerns about consensual relationships is prohibited and constitutes a violation of this policy. VI. Resources The College is committed to treating all members of the community with dignity, care and respect. Any individual who experiences or is affected by sexual harassment, sexual violence, stalking or intimate partner violence, whether as a Complainant, a Respondent, or a third party, will have equal access to support and counseling services through the College. Interim remedies are also available to all parties (see Section IX). The College recognizes that deciding whether or not to make a report, either to the College or law enforcement, and choosing how to proceed can be difficult decisions. Making a report means telling someone in authority what happened, in person, by telephone, in writing or by email. All individuals are encouraged to seek the support of campus and community resources. These trained professionals can provide guidance in making decisions, information about available resources and procedural options, and assistance to either party in the event that a report and/or resolution under this policy is pursued. Individuals are encouraged to use all available resources on and off campus, regardless of when or where the incident occurred. There are many resources available on campus and in the surrounding community. As detailed below, there are Confidential Resources which by law cannot share information without the consent of the individual seeking assistance. There are also a variety of College resources that will be discreet and private, but are not considered confidential. These resources will maintain the privacy of an individual’s information within the limited circle of those involved in the resolution of a complaint under this policy. For more information about the difference between privacy and confidentiality, see Section IV. A. Confidential Resources The College encourages all community members to make a prompt report of any incident of sexual harassment, sexual violence, stalking or intimate partner violence to local law enforcement and the College. For individuals who are not prepared to make a report, or who may be unsure what happened, but are still seeking information and support, there are several legally-protected confidential resources available as designated below. These confidential resources will not share information with the College or anyone else without the individual’s permission. On Campus Confidential Resources: Sexual Assault Survivor Advocate and Project SAFE Coordinator Naddia Palacios Accessible 24 hours a day to provide highly confidential crisis support and resource options to students who experience sexual assault of any kind. Support includes, but is not limited to advising, case management and accompanying survivors to rape treatment centers or medical services. As the Project SAFE Coordinator, conducts comprehensive outreach and educational programming. (323) 259-1359 npalacios@oxy.edu Oxy Assault & Advocacy Response Team (OAART) Provides a comprehensive support system to sexual assault survivors that includes advocacy, counseling, and medical services, as well as information about and linkage to forensic exams, legal support, and housing and academic accommodations. Team members include Naddia Palacios (Survivor Advocate), Jenny Heetderks (Emmons psychologist), and Bobbi Dacus (Emmons nurse practitioner). Emmons Student Wellness Center Provides confidential psychological counseling services. As detailed below, Emmons also provides medical treatment, but under California law medical providers are required to notify law enforcement when they receive a report of sexual assault. (323) 259-2657 Office for Religious & Spiritual Life Provides spiritual guidance and in the context of ordained clergy, confidential support. (323) 259-2621 Employee Assistance Program Provides confidential telephone consultation or face-to-face meeting with a master’s level consultant; also provides educational materials through an online library of downloadable 9/7/13 Policies & Procedures | Occidental College | The Liberal Arts College in Los Angeles www.oxy.edu/sexual-assault-resources-support/policies-procedures#V. Prohibited Conduct and Definitions 11/29 materials and interactive tools. (800) 854-1446, English (877) 858-2147, Spanish www.lifebalance.net (User ID and password: lifebalance) Off Campus Confidential Resources: LA Rape and Battering Hotline Peace Over Violence A confidential 24-hour crisis line. (213) 626-3393 Peace Over Violence Provides comprehensive, free treatment for sexual assault survivors, including 24-hour emergency medical care and forensic services, counseling and psychotherapy, advocacy, and accompaniment services. (310) 319-4000 Ext. 3 Rape, Abuse and Incest National Network (RAINN) A confidential, anonymous national sexual assault hotline. 1-(800) 656-4673 Santa Monica Rape Treatment Center 24-hour emergency medical care and forensic services (310) 319-4000 San Gabriel Valley Medical Center 438 West Las Tunas Dr San Gabriel, CA 91776 (626) 289-5454 B. Confidential* Medical Resources *In California, medical providers (but not psychological counselors) are mandated by state law to notify law enforcement if a patient tells personnel s/he has experienced sexual assault. However, the patient has the right to request that a survivor advocate be present when s/he speaks with law enforcement and to request that law enforcement not pursue a criminal charge at that time. Beyond this notification, however, the disclosure of private information contained in medical records is protected by HIPAA. Further, community medical providers will not notify the College. A medical provider can provide emergency and/or follow-up medical services. The medical exam has two goals: first, to diagnose and treat the full extent of any injury or physical effect (including prevention of sexually transmitted illnesses and pregnancy) and second, to properly collect and preserve evidence. There is a limited window of time (within 96 hours) following an incident of sexual assault to preserve physical and other forms of evidence. Taking the step to gather evidence immediately does not commit an individual to any particular course of action. The decision to seek timely medical attention and gather any evidence, however, will preserve the full range of options to seek resolution under this policy or through the pursuit of criminal prosecution. On campus, Emmons Student Wellness Center can provide medical care; however, Emmons is not equipped for forensic examinations. As with off-campus medical personnel, Emmons staff members are required by state law to notify law enforcement if a patient tells them that s/he has experienced a sexual assault. Emmons Student Wellness Center Provides medical treatment. (323) 259-2657 Taxi vouchers are available at Campus Safety, Emmons Student Wellness Center and Residential Education and Housing Services to provide free transportation to local medical centers. The Survivor Advocate is also available to accompany survivors to access off-campus resources. San Gabriel Valley Medical Center* 438 W. Las Tunas Dr., San Gabriel 91776 Provides medical treatment and forensic exams; closest facility to campus. (877) 209-3049 9/7/13 Policies & Procedures | Occidental College | The Liberal Arts College in Los Angeles www.oxy.edu/sexual-assault-resources-support/policies-procedures#V. Prohibited Conduct and Definitions 12/29 LA County/USC Medical Center* 1200 N. State St., Los Angeles 90033 Provides medical treatment and forensic exams. (323) 226-3961 Rape Treatment Center at Santa Monica-UCLA Medical Center* Provides comprehensive, free treatment for sexual assault victims, including 24-hour emergency medical care and forensic services, counseling and psychotherapy, advocacy, and accompaniment services. (310) 319-4000 Ext. 3 *L.A. County designated Sexual Assault Response Team (SART) Center C. Campus Resources In addition to the confidential resources listed above, Occidental community members have access to a variety of resources provided by the College. The staff members listed below are trained to support individuals affected by sexual harassment or misconduct and to coordinate with the Title IX Coordinator consistent with the College’s commitment to a safe and healthy educational environment. While not bound by confidentiality, these resources will maintain the privacy of an individual’s information within the limited circle of those involved in the Title IX resolution process. Interim Title IX Coordinator Lauren Carella Available on weekdays during regular office hours to coordinate a fair and equitable response to reports of sexual misconduct. lcarella@oxy.edu; (323) 259-1338 Deputy Title IX Coordinator Richard Ledwin Director of Human Resources Available on weekdays during regular office hours. ledwin@oxy.edu; (323) 259-2526 Deputy Title IX Coordinator Jaime Hoffman AVP/Director of Athletics Available on weekdays during regular office hours. jhoffman@oxy.edu; (323) 259-2608 Campus Safety Available as a first option to report an incident of sexual violence or intimate partner violence. Also provides an escort service on campus to any student and can reach the Dean on Duty at any time. Available 24 hours a day, 7 days a week. (323) 259-2511 (emergency line), or dial 5 from any campus phone. Dean of Students Office/Dean on Duty Can provide reasonable accommodations for housing, academic flexibility and stay-away letters. Available on weekdays during regular office hours. Access to Dean on Duty 24 hours a day by calling Campus Safety at (323) 259-2599. Dean of Students Office (323) 259-2661 Emmons Student Wellness Center Provides medical treatment and confidential psychological counseling services. (323) 259-2657 Office for Religious & Spiritual Life Provides spiritual guidance and in the context of ordained clergy, confidential support. (323) 259-2621 Project SAFE (Sexual Assault Free Environment) A prevention and education support program dedicated to ending sexual violence on campus through resources, advocacy, and educational programming related to issues of sexual violence and intimate partner violence. (323) 341-4750 9/7/13 Policies & Procedures | Occidental College | The Liberal Arts College in Los Angeles www.oxy.edu/sexual-assault-resources-support/policies-procedures#V. Prohibited Conduct and Definitions 13/29 D. Community Resources Students, faculty and staff may also access resources located in the local community. These organizations can provide crisis intervention services, counseling, medical attention and assistance in dealing with the criminal justice system. All individuals are encouraged to use the resources that are best suited to their needs, whether on or off campus. It may be helpful for survivors to have someone who can help them explore their off-campus options and guide them through legal processes; an advocate can provide assistance in this area. Two local resources, Peace Over Violence and the Rape Treatment Center at Santa Monica-UCLA Medical Center offer advocacy support. LAPD 911 (24 hours) For dispatch, (877) ASK-LAPD (877-275-5273) LAPD Northeast Division 3353 North San Fernando Road Los Angeles, CA 90065 (323) 344-5701 Occidental is located in Northeast Division. Rape Treatment Center at Santa Monica-UCLA Medical Center Provides comprehensive, free treatment for sexual assault victims, including 24-hour emergency medical care and forensic services, counseling and psychotherapy, advocacy, and accompaniment services. (310) 319-4000 Peace Over Violence (“POV”) POV case managers can provide assistance and support with the medical and criminal legal process as well as accompaniment to hospitals, law enforcement agencies, and court appointments. 1015 Wilshire Blvd. Los Angeles, CA 90017 (213) 626-3393 or (626) 793-3385 LA Gay and Lesbian Center Provides support and advocacy services for LGBT community members. 1625 Schrader Blvd., Los Angeles 90028 (323) 993-7400 VII. Reporting The College encourages all individuals to seek assistance from a medical provider and/or law enforcement immediately after an incident of sexual violence. This is the best option to ensure preservation of evidence and to begin a timely investigative and remedial response. The College encourages all individuals to make a report to the College and to local law enforcement. Reporting options are not mutually exclusive. Both internal and criminal reports may be pursued simultaneously. The College has a strong interest in supporting victims and survivors of sexual harassment, sexual violence, stalking and intimate partner violence and encourages all individuals or third party witnesses to report any incident to the College. Making a report means telling someone in authority what happened -- in person, by telephone, in writing or by email. At the time a report is made, a Complainant does not have to decide whether or not to request any particular course of action, nor does a Complainant need to know how to label what happened. Choosing to make a report, and deciding how to proceed after making the report, can be a process that unfolds over time. The College provides support that can assist each individual in making these important decisions, and to the extent legally possible will respect an individual’s autonomy in deciding how to proceed. In this process, the College will balance the individual’s interest with its obligation to provide a safe and non-discriminatory environment for all members of the College community. Any individual who reports sexual harassment, sexual violence, stalking or intimate partner violence can be assured that all reports will be investigated and resolved in a fair and impartial manner. A Complainant, a Respondent and all individuals involved can expect to be treated with dignity and respect. In every report 9/7/13 Policies & Procedures | Occidental College | The Liberal Arts College in Los Angeles www.oxy.edu/sexual-assault-resources-support/policies-procedures#V. Prohibited Conduct and Definitions 14/29 under this policy, the College will make an immediate assessment of any risk of harm to the Complainant or to the broader campus community and will take steps necessary to address those risks. These steps will include interim measures to provide for the safety of the individual and the campus community. A. Emergency and External Reporting Options The College encourages all individuals to seek assistance from a medical provider and/or law enforcement immediately after an incident of sexual misconduct. This is the best option to ensure preservation of evidence and to begin a timely investigative and remedial response. The College will help any Occidental community member to get to a safe place and will provide transportation to the hospital, coordination with law enforcement, and information about on- and off-campus resources and options for resolution. LAPD For Emergencies: 911 For concerning situations Call dispatch at (877) ASK-LAPD (877-275-5273) LAPD Northeast Division 3353 North San Fernando Road Los Angeles, CA 90065 Front desk phone number: (323) 344-5701 Occidental is located in Northeast Division. San Gabriel Valley Medical Center* 438 W. Las Tunas Dr., San Gabriel 91776 Provides medical treatment and forensic exams; closest facility to campus. (877) 209-3049 LA County/USC Medical Center* 1200 N. State St., Los Angeles 90033 Provides medical treatment and forensic exams. (323) 226-3961 Rape Treatment Center at Santa Monica-UCLA Medical Center* Provides comprehensive, free treatment for sexual assault victims, including 24-hour emergency medical care and forensic services, counseling and psychotherapy, advocacy, and accompaniment services. (310) 319-4000 Ext. 3 *These three medical centers are Los Angeles County designated Sexual Assault Response Team (SART) Centers. B. Campus Reporting Options The College encourages all individuals to report misconduct to any College employee the Complainant trusts and feels comfortable with. In general, most College employees do not have legally protected confidentiality. Under Title IX, a College is required to take immediate and corrective action if a “responsible employee” knew or, in the exercise of reasonable care, should have known about sexual or gender-based harassment that creates a hostile environment. A “responsible employee” includes any employee who: Has the authority to take action to redress the harassment; Has the duty to report to appropriate school officials sexual harassment or any other misconduct by students or employees; or A student could reasonably believe has the authority or responsibility to take action. Using this lens, employees with supervisory and leadership responsibilities on campus are considered “responsible employees.” This may include, for example, faculty, coaches, administrators, Resident Advisors and other student employees with a responsibility for student welfare, including Project SAFE program assistants. The College requires that all “responsible employees” share a report of misconduct with the Title IX Coordinator or a member of the Title IX team. The Title IX team, under the guidance of the Title IX Coordinator, will conduct an initial assessment of the conduct, the Complainant’s expressed preferences, if any, as to course of action, and the necessity for any interim remedies or accommodations to protect the safety of the Complainant or the community. 9/7/13 Policies & Procedures | Occidental College | The Liberal Arts College in Los Angeles www.oxy.edu/sexual-assault-resources-support/policies-procedures#V. Prohibited Conduct and Definitions 15/29 All Occidental community members, even those who are not obligated to do so by this policy, are strongly encouraged to report information regarding any incident of sexual harassment, sexual violence, stalking or intimate partner violence directly to the Title IX Coordinator or a member of the Title IX team. The College cannot take appropriate action unless an incident is reported to the College. Members of the interdepartmental Title IX team include the Title IX Coordinator, Title IX Deputy Coordinators, and the Chief of Campus Safety. In addition, based on the role of the Complainant and the Respondent, the members of the team could include the Vice President for Academic Affairs and Dean of the College and a representative from the Dean of Students Office and/or Human Resources. Campus Reporting Options: Interim Title IX Coordinator Lauren Carella Available on weekdays during regular office hours to coordinate a fair and equitable response to reports of sexual misconduct. lcarella@oxy.edu; (323) 259-1338 Deputy Title IX Coordinator Richard Ledwin Director of Human Resources Available on weekdays during regular office hours. ledwin@oxy.edu; (323) 259-2526 Deputy Title IX Coordinator Jaime Hoffman AVP/Director of Athletics Available on weekdays during regular office hours. jhoffman@oxy.edu; (323) 259-2699 Campus Safety Available as a first option to report an incident of sexual violence or intimate partner violence. Also provides an escort service on campus to any student and can reach the Dean on Duty at any time. Available 24 hours a day, 7 days a week. (323) 259-2511 (emergency line), or dial 5 from any campus phone. Dean of Students Office/Dean on Duty Can provide reasonable accommodations for housing, academic flexibility and no contact letters. Available on weekdays during regular office hours. Access to Dean on Duty 24 hours a day by calling Campus Safety at (323) 259-2599. Office: AGC #111 and #112 (Ground floor, north side) deanofstudents@oxy.edu (323) 259-2661 C. Anonymous Reporting Any individual may make an anonymous report concerning an act of sexual harassment, sexual violence, stalking or intimate partner violence. An individual may report the incident without disclosing his/her name, identifying the Respondent or requesting any action. Depending on the extent of information available about the incident or the individuals involved, however, the College’s ability to respond to an anonymous report may be limited. The Anonymous Reporting Form can be found here. The Title IX Coordinator will receive the anonymous report and will determine any appropriate steps, including individual or community remedies as appropriate, and in consultation with the Director of Campus Safety, compliance with all Clery Act obligations. D. Reporting Considerations: Timeliness and Location of Incident Complainants and third-party witnesses are encouraged to report sexual harassment, sexual violence and intimate partner violence as soon as possible in order to maximize the College’s ability to respond promptly and effectively. The College does not, however, limit the time frame for reporting. If the Respondent is not a member of the Occidental community, the College will still seek to meet its Title IX obligation by taking steps to end the harassment, prevent its recurrence, and address its effects, but its ability to take disciplinary action against the Respondent may be limited. An incident does not have to occur on campus to be reported to the College. Off-campus conduct that is likely to have a substantial effect on the Complainant’s on-campus life and activities or poses a threat or danger to members of the Occidental community may also be addressed under this policy. E. Amnesty for Alcohol or Other Drug Use The college community encourages the reporting of prohibited conduct under this policy. It is in the best interest of this community that as many Complainants as possible choose to report to college officials, and 9/7/13 Policies & Procedures | Occidental College | The Liberal Arts College in Los Angeles www.oxy.edu/sexual-assault-resources-support/policies-procedures#V. Prohibited Conduct and Definitions 16/29 that witnesses come forward to share what they know. To encourage reporting, an individual who reports sexual harassment or misconduct, either as a Complainant or a third- party witness, will not be subject to disciplinary action by the College for his/her own personal consumption of alcohol or drugs at or near the time of the incident, provided that any such violations did not and do not place the health or safety of any other person at risk. The College may, however, initiate an educational discussion or pursue other educational remedies regarding alcohol or other drugs. F. Coordination with Law Enforcement The College encourages Complainants to pursue criminal action for incidents of sexual harassment, sexual violence and intimate partner violence that may also be crimes under California law. The College will assist a Complainant in making a criminal report and cooperate with law enforcement agencies if a Complainant decides to pursue the criminal process to the extent permitted by law. The College’s policy, definitions and burden of proof may differ from California criminal law. A Complainant may seek recourse under this policy and/or pursue criminal action. Neither law enforcement’s determination whether or not to prosecute a Respondent, nor the outcome of any criminal prosecution, are determinative of whether a violation of this policy has occurred. Proceedings under this policy may be carried out prior to, simultaneously with, or following civil or criminal proceedings off campus. At the request of law enforcement, the College may agree to defer its Title IX fact gathering until after the initial stages of a criminal investigation. The College will nevertheless communicate with the Complainant regarding Title IX rights, procedural options and the implementation of interim measures to assure safety and well-being. The College will promptly resume its Title IX fact gathering as soon as it is informed that law enforcement has completed its initial investigation. G. Statement against Retaliation It is a violation of College policy to retaliate in any way against an individual because s/he raised allegations of sexual harassment, sexual violence, stalking or intimate partner violence. The College recognizes that retaliation can take many forms, may be committed by or against an individual or a group, and that a Complainant, Respondent or third party may commit or be the subject of retaliation. The College will take immediate and responsive action to any report of retaliation and will pursue disciplinary action as appropriate. An individual reporting sexual harassment or misconduct is entitled to protection from any form of retaliation following a report that is made in good faith, even if the report is later not proven. H. False Reports The College will not tolerate intentional false reporting of incidents. The College takes the accuracy of information very seriously as a charge of sexual harassment, sexual violence, stalking or intimate partner violence may have severe consequences. A good-faith complaint that results in a finding of not responsible is not considered a false or fabricated accusation of sexual misconduct. However, when a Complainant or third party witness is found to have fabricated allegations or given false information with malicious intent or in bad faith, the Complainant may be subject to disciplinary action. It is a violation of the Code of Student Conduct to make an intentionally false report of any policy violation, and it may also violate state criminal statutes and civil defamation laws. I. Reports Involving Minors or Suspected Child Abuse Under California law, an individual must make a mandatory report of suspected child abuse and neglect, including sexual assault when that individual, in his/her professional capacity or within the scope of his/her employment, has knowledge of or observes a minor under the age of 18 whom the individual knows or reasonably suspects has been the victim of child abuse or neglect. All College employees, whether designated as a mandatory reporter under California state law or not, are required to immediately report any suspected child abuse and neglect to the Title IX Coordinator and the Director of Campus Safety. The source of abuse does not need to be known in order to file a report. The College will report all suspected child abuse and neglect, including sexual assault, to law enforcement and/or to Los Angeles County Department of Child and Family Services. The College must act quickly regarding all reasonable suspicions of sexual or physical abuse. It is not the responsibility of any employee, student, or volunteer to investigate suspected child abuse. This is the role of Child Protective Services and law enforcement authorities. In addition to notifying the Title IX Coordinator and Director of Campus Safety, any individual may make a direct report as follows: If a child is in immediate danger, call 911. If there is no immediate danger, contact the Child Protection Hotline 24 hours a day, 7 days a week, at (800) 540-4000. If calling from outside of California, call (213) 639-4500. 9/7/13 Policies & Procedures | Occidental College | The Liberal Arts College in Los Angeles www.oxy.edu/sexual-assault-resources-support/policies-procedures#V. Prohibited Conduct and Definitions 17/29 VIII. Interim Measures, Remedies and Accommodations A. Overview Upon receipt of a report, the College will impose reasonable and appropriate interim measures designed to eliminate the hostile environment and protect the parties involved. The College will make reasonable efforts to communicate with the parties to ensure that all safety, emotional and physical well-being concerns are being addressed. Interim measures may be imposed regardless of whether formal disciplinary action is sought by the Complainant or the College. A Complainant or Respondent may request a Stay-Away Letter or other protection, or the College may choose to impose interim measures at its discretion to ensure the safety of all parties, the broader College community and/or the integrity of the process. All individuals are encouraged to report concerns about failure of another individual to abide by any restrictions imposed by an interim measure. The College will take immediate and responsive action to enforce a previously implemented measure. B. Range of Measures Interim measures will be implemented at the discretion of the College. Potential remedies, which may be applied to the Complainant and/or the Respondent, include: Access to counseling services and assistance in setting up initial appointment, both on and off campus Imposition of campus “Stay-Away Letter” Rescheduling of exams and assignments (in conjunction with appropriate faculty) Providing alternative course completion options (with the agreement of the appropriate faculty) Change in class schedule, including the ability to take an “incomplete,” drop a course without penalty or transfer sections (with the agreement of the appropriate faculty) Change in work schedule or job assignment Change in on-campus housing Arranging to dissolve a housing contract and pro-rating a refund in accordance with campus housing policies Assistance from College support staff in completing housing relocation Limit an individual or organization’s access to certain College facilities or activities pending resolution of the matter Voluntary leave of absence Providing an escort to ensure safe movement between classes and activities Providing medical services Providing academic support services, such as tutoring Interim suspension or College-imposed leave Any other remedy that can be tailored to the involved individuals to achieve the goals of this policy. C. Interim Suspension or Separation Where the report of sexual harassment, sexual violence, stalking or intimate partner violence poses a substantial and immediate threat of harm to the safety or well-being of an individual, members of the campus community, or the performance of normal College functions, the College may place a student or student organization on interim suspension or impose leave for an employee. Pending resolution of the report, the individual or organization may be denied access to campus, campus facilities and/or all other College activities or privileges for which the student might otherwise be eligible, as the College determines appropriate. When interim suspension or leave is imposed, the College will make reasonable efforts to complete the investigation and resolution within an expedited time frame. The full provisions for Interim Suspension for students are contained in the Code of Student Conduct. Provisions for suspension of faculty members are contained in the Faculty Handbook. Staff may be placed on leave at the discretion of the College. IX. Options for Resolution A. Overview Upon receipt of a report, the College’s Title IX team will conduct an Initial Title IX Assessment. The goal of this assessment is to provide an integrated and coordinated response to reports of sexual harassment or 9/7/13 Policies & Procedures | Occidental College | The Liberal Arts College in Los Angeles www.oxy.edu/sexual-assault-resources-support/policies-procedures#V. Prohibited Conduct and Definitions 18/29 misconduct. The assessment will consider the nature of the report, the safety of the individual and of the campus community, and the Complainant’s expressed preference for resolution. At the conclusion of the assessment, the College may choose to pursue Informal Resolution, a remedies- based approach that does not involve disciplinary action against a Respondent, or refer the matter for Investigation. The goal of the Investigation is to gather all relevant facts and determine if there is sufficient information to refer the report to a hearing panel for disciplinary action using the College’s Formal Resolution procedures. The initial steps for resolution of a complaint against a student, an employee or a faculty member will involve the same stages: an initial assessment, investigation, and either informal or formal resolution. There are specific procedures for resolving complaints against a student, faculty or staff respondent. B. The Role of the Title IX Team The Title IX team, led by the Title IX Coordinator, assists in the review, investigation and resolution of reports. Members of this interdepartmental team include the Title IX Coordinator, Title IX Deputy Coordinators, and the Chief of Campus Safety. In addition, based on the role of the Complainant and the Respondent, the members of the team could include the Vice President for Academic Affairs and Dean of the College and a representative from the Dean of Students Office and/or Human Resources. Composition of the team will be limited to a small circle of individuals who “need to know” in order to implement procedures under this policy. Although a report may be made to any College employee, the College seeks to ensure that all reports are referred to the Title IX team to ensure consistent application of the policy to all individuals and allow the College to respond promptly and equitably to eliminate the harassment, prevent its recurrence and address its effects. The members of this team oversee the resolution of a report under this policy. Resources are available for both students and employees, whether as Complainants or Respondents, to provide guidance throughout the investigation and resolution of the complaint. Interim Remedies are also available to provide protection and security. C. Initial Title IX Assessment In every report of sexual harassment or misconduct, the College will make an immediate assessment of any risk of harm to individuals or to the campus community and will take steps necessary to address those risks. These steps may include interim protective measures to provide for the safety of the individual and the campus community. The initial review will proceed to the point where a reasonable assessment of the safety of the individual and of the campus community can be made. Thereafter, the investigation may be initiated depending on a variety of factors, such as the Complainant’s wish to pursue disciplinary action, the risk posed to any individual or the campus community by not proceeding, and the nature of the allegation. D. Investigation Where the Title IX assessment concludes that disciplinary action may be appropriate, the College will initiate an investigation. The College will designate an investigator who has specific training and experience investigating allegations of sexual harassment and sexual misconduct. The investigator may be an employee of the College or an external investigator engaged to assist the College in its fact gathering. The College will typically use a team of two investigators, which may include the pairing of an external investigator with a College employee. Any investigator chosen to conduct the investigation must be impartial and free of any conflict of interest. The investigator will conduct the investigation in a manner appropriate in light of the circumstances of the case, which will typically include interviews with the Complainant, the Respondent and any witnesses. The interviews will be supplemented by the gathering of any physical, documentary or other evidence. As part of the investigation, the College will provide an opportunity for the parties to present witnesses and other evidence. The investigation is designed to provide a fair and reliable gathering of the facts. The investigation will be thorough, impartial and fair, and all individuals will be treated with appropriate sensitivity and respect. As described in the Privacy and Confidentiality section, the investigation will be conducted in a manner that is respectful of individual privacy concerns. The College will seek to complete the investigation within 20 (twenty) business days of receiving the complaint, but this time frame may be extended depending on the complexity of the circumstances of each case. At the conclusion of the investigation, the report will be forwarded to the Title IX Coordinator and the Hearing Coordinator responsible for initiating Formal Resolution proceedings. Information gathered during the review or investigation will be used to evaluate the responsibility of the 9/7/13 Policies & Procedures | Occidental College | The Liberal Arts College in Los Angeles www.oxy.edu/sexual-assault-resources-support/policies-procedures#V. Prohibited Conduct and Definitions 19/29 Respondent, provide for the safety of the Complainant and the College campus community, and impose remedies as necessary to address the effects of the conduct cited in the report. Where there is sufficient information set forth that, if proven, would constitute a violation of policy, the College will have the discretion to institute Formal Resolution proceedings against the Respondent. At the conclusion of the investigation, the College will notify all parties that the investigation is complete and provide information about next steps in the process. Based on the information gathered in the initial Title IX assessment and/or full investigation, the College will take appropriate measures designed to end the misconduct, prevent its recurrence and address its effects. The Title IX Coordinator will document each report or request for assistance in resolving a case involving charges of sexual misconduct, whether formal or informal, and will review and retain copies of all reports generated as a result of investigations. These records will be kept confidential to the extent permitted by law. E. Informal Resolution Informal resolution is a remedies-based, non-judicial approach designed to eliminate a hostile environment without taking disciplinary action against a Respondent. Where the Title IX assessment concludes that informal resolution may be appropriate, the College will take immediate and corrective action through the imposition of individual and community remedies designed to maximize the Complainant’s access to the educational and extracurricular activities at the College and to eliminate a hostile environment. Examples of protective remedies are provided in Section IX: Interim Remedies. Other potential remedies include targeted or broad-based educational programming or training, direct confrontation of the Respondent and/or indirect action by the Title IX Coordinator or the College. Depending on the form of informal resolution used, it may be possible to maintain anonymity. The College will not compel a Complainant to engage in mediation, to directly confront the Respondent, or to participate in any particular form of informal resolution. Mediation, even if voluntary, may not be used in cases involving sexual violence or assault. The decision to pursue informal resolution will be made when the College has sufficient information about the nature and scope of the conduct, which may occur at any time. Participation in informal resolution is voluntary, and a Complainant can request to end informal resolution at any time. The Title IX Coordinator will maintain records of all reports and conduct referred for informal resolution. Informal resolution will typically be completed within thirty (30) business days of the initial report. F. Formal Resolution Disciplinary action against a Respondent may only be taken through Formal Resolution procedures. Because the relationship of students, staff, and faculty to the College differ in nature, the procedures that apply when seeking disciplinary action necessarily differ as well. Each of the procedures, however, is guided by the same principles of fundamental fairness and respect for all parties, which require notice, an equitable opportunity to be heard, and an equitable opportunity to respond to a report under this policy. The specific procedures for Formal Resolution will vary based upon the role of the Respondent: For a complaint against a student, disciplinary action may be taken by the Vice President of Student Affairs and Dean of Students or his/her designee following a finding of responsibility by an Administrator or a Hearing Panel. For a complaint against an employee, disciplinary action may be taken at the conclusion of the investigation by the Director of Human Resources or the Vice President for Finance and Planning. For a complaint against a faculty member, disciplinary action may be taken at the conclusion of the investigation by the Vice President for Academic Affairs and Dean of College and the Faculty Council or Advisory Council Hearing Committee pursuant to the “Procedures for Actions Leading to Warning, Reprimand, or Dismissal” in the Faculty Handbook. G. Time Frame for Resolution The College seeks to resolve all reports within 60 days of the initial report. All time frames expressed in this policy are meant to be guidelines rather than rigid requirements. Extenuating circumstances may arise that require the extension of time frames, including extension beyond 60 days. Extenuating circumstances may include the complexity and scope of the allegations, the number of witnesses involved, the availability of the parties or witnesses, the effect of a concurrent criminal investigation, any intervening school break or vacation, or other unforeseen circumstances. In general, a Complainant and Respondent can expect that the process will proceed according to the time frames provided in this policy. In the event that the investigation and resolution exceed this time frame, the College will notify all parties of the reason(s) for the delay and the expected adjustment in time frames. Best efforts will be made to complete the process in a timely manner by balancing principles of thoroughness and fundamental fairness with promptness. 9/7/13 Policies & Procedures | Occidental College | The Liberal Arts College in Los Angeles www.oxy.edu/sexual-assault-resources-support/policies-procedures#V. Prohibited Conduct and Definitions 20/29 Appendix A: Resolving Complaints Against a Student I. Overview As outlined in the Reporting section of this policy, an individual who wishes to make a report of sexual harassment, sexual violence, stalking or intimate partner violence is encouraged to make a report directly to the Title IX Coordinator, Deputy Title IX Coordinators, the Dean of Students Office, Campus Safety or Human Resources. In every instance under this policy, the College, through the coordinated efforts of the Title IX team, will conduct an initial Title IX Assessment. At the conclusion of the Title IX Assessment, the report will be referred for Informal Resolution or Investigation to determine if there is sufficient information to proceed with Formal Resolution. Informal Resolution is a non- judicial, remedies-based approach that does not involve disciplinary action against a Respondent. Formal Resolution is a judicial, sanctions-based approach that may involve discipline up to and including expulsion. II. Initial Title IX Assessment Upon receipt of a report, the College, through the coordinated efforts of the Title IX team, will conduct an initial Title IX assessment. The first step of the assessment will usually be a preliminary meeting with the Complainant with the Title IX Coordinator or a member of the Title IX team. The purpose of the preliminary meeting is to gain a basic understanding of the nature and circumstances of the report; it is not intended to be a full forensic interview. At this meeting, the Complainant will be provided with information about resources, procedural options and interim remedies. As part of the initial assessment of the report, the Title IX team will: Assess the nature and circumstances of the allegation Address immediate physical safety and emotional well-being needs Notify the Complainant of his/her right to contact law enforcement and seek medical treatment, including the importance of preservation of evidence Enter the report into the College’s daily crime log Assess the reported conduct for the need for a timely warning under Clery Provide the Complainant with information about: On and off campus resources The range of interim accommodations and remedies An explanation of the procedural options, including Informal Resolution and Formal Resolution Make available an advisor, advocate, or support person Assess for pattern evidence or other similar conduct by Respondent Discuss the Complainant’s expressed preference for manner of resolution and any barriers to proceeding Explain the College’s policy prohibiting retaliation This initial review will proceed to the point where a reasonable assessment of the safety of the individual and of the campus community can be made. Thereafter, an investigation may continue depending on a variety of factors, such as the Complainant’s wish to pursue disciplinary action, the risk posed to any individual or the campus community by not proceeding, and the nature of the allegation. At the conclusion of the Title IX assessment, the Title IX team will determine the appropriate manner of resolution and, if appropriate, refer the report for further Investigation, Informal Resolution or Formal Resolution. The determination as to how to proceed will be communicated to the Complainant in writing. Depending on the circumstances and requested resolution, the Respondent may or may not be notified of the report or resolution. A Respondent will be notified when the College seeks action that would impact a Respondent, such as protective measures that restrict his/her movement on campus, the initiation of an investigation or the decision to involve the Respondent in Informal Resolution. III. Informal Resolution Informal resolution is a remedies-based, non-judicial approach designed to eliminate a hostile environment without taking disciplinary action against a Respondent. Where the Title IX assessment concludes that informal resolution may be appropriate, the College will take immediate and corrective action through the imposition of individual and community remedies designed to maximize the Complainant’s access to the educational and extracurricular activities at the College and to eliminate a hostile environment. Examples of protective remedies are provided in Section IX: Interim Remedies. Other potential remedies include targeted or broad-based educational programming or training, direct confrontation of the Respondent and/or indirect action by the Title IX Coordinator or the College. 9/7/13 Policies & Procedures | Occidental College | The Liberal Arts College in Los Angeles www.oxy.edu/sexual-assault-resources-support/policies-procedures#V. Prohibited Conduct and Definitions 21/29 Depending on the form of informal resolution used, it may be possible to maintain anonymity. The College will not compel a Complainant to engage in mediation, to directly confront the Respondent, or to participate in any particular form of informal resolution. Mediation, even if voluntary, may not be used in cases involving sexual violence or assault. The decision to pursue informal resolution will be made when the College has sufficient information about the nature and scope of the conduct, which may occur at any time. Participation in informal resolution is voluntary, and a Complainant can request to end informal resolution at any time. The Title IX Coordinator will maintain records of all reports and conduct referred for informal resolution. Informal resolution will typically be completed within thirty (30) business days of the initial report. IV. Investigation Following the initial Title IX assessment, the College may initiate a prompt, thorough and impartial investigation. The Title IX Coordinator, in consultation with the Title IX team, will oversee the investigation. At the conclusion of the investigation, if warranted, a Hearing Coordinator will be assigned to facilitate the adjudication through a conduct conference or specially trained conduct hearing panel. The investigation is designed to provide a fair and reliable gathering of the facts. All individuals in the investigation, including the Complainant, the Respondent and any third-party witnesses, will be treated with appropriate sensitivity and respect. Consistent with the need for a full assessment of the facts, the investigation will safeguard the privacy of the individuals involved. The College will designate an investigator who has specific training and experience investigating allegations of sexual harassment and sexual misconduct. The investigator may be an employee of the College or an external investigator engaged to assist the College in its fact gathering. The College will typically use a team of two investigators, which may include the pairing of an external investigator with a College employee. Any investigator chosen to conduct the investigation must be impartial and free of any conflict of interest. The investigator(s) will coordinate the gathering of information from the Complainant, the Respondent, and any other individuals who may have information relevant to the determination. The investigator(s) will also gather any available physical or medical evidence, including documents, communications between the parties, and other electronic records as appropriate. The investigator(s) may consider prior allegations of, or findings of responsibility for, similar conduct by the Respondent. The Complainant and Respondent will have an equal opportunity to be heard, to submit evidence, and to identify witnesses who may have relevant information. The investigation will usually be completed within twenty (20) business days. Given the availability of witnesses or complexity of the circumstances, this time frame may be extended as necessary to ensure the integrity and completeness of the investigation. At the request of law enforcement, the College may agree to defer its Title IX fact gathering until after the initial stages of a criminal investigation. The College will nevertheless communicate with the Complainant regarding Title IX rights, procedural options and the implementation of interim measures to assure safety and well-being. The College will promptly resume its Title IX fact gathering as soon as law enforcement has completed its initial investigation. Information gathered during the investigation will be used to evaluate the appropriate course of action, provide for the safety of the individual and the campus community, and impose remedies as necessary to address the effects of the conduct cited in the report. A. Threshold Determination and Appeal from Insufficient Threshold At the conclusion of the investigation, the investigator(s) will prepare a written report synthesizing the facts for review by the Title IX Coordinator and a Hearing Coordinator from the Office of Student Conduct. The investigator(s) are not charged with reaching a determination as to responsibility, which is a function reserved for the Conduct Conference or Hearing Panel. Upon receipt of the investigative report, the Hearing Coordinator, in consultation with the Title IX team, will review the report and make a threshold determination as to whether there is sufficient information upon which an adjudicator could find a violation of this policy. This threshold determination does not involve making a determination of responsibility, nor does it involve a credibility assessment. If the threshold has been established, the Hearing Coordinator will issue a Notification Letter to the Respondent and the Complainant and refer the report for Pre-Hearing Procedures. If the Title IX Coordinator, in consultation with the Title IX team, determines that this threshold has not been reached, the Complainant and Respondent will be notified in writing. The Complainant will have the opportunity to seek review by the Vice President for Student Affairs and Dean of Students (or designee) by submitting a written request for review within five (5) business days of receipt of the notification. If an appeal is filed, the Respondent will be notified and have the opportunity to respond. The Vice President for Student Affairs and Dean of Students (or designee) may affirm the threshold 9/7/13 Policies & Procedures | Occidental College | The Liberal Arts College in Los Angeles www.oxy.edu/sexual-assault-resources-support/policies-procedures#V. Prohibited Conduct and Definitions 22/29 finding, reverse the finding or remand the matter for additional investigation as warranted. The Vice President for Student Affairs and Dean of Students (or designee) will render a decision in writing, to both parties, within ten (10) business days of receipt of the request for review. The decision of the Vice President for Student Affairs and Dean of Students (or designee) is final. Where a designee is chosen, the identity of this individual will be shared with both parties. V. Formal Resolution Formal resolution of a complaint under the Sexual Harassment and Assault Policy will occur through the use of a Conduct Conference or a Hearing Panel. A. Conduct Conference A Complainant or Respondent may request resolution through an administrative conduct conference, in which the Hearing Coordinator will meet with the Complainant and Respondent to determine responsibility and render a decision as to what sanctions, if applicable, should be implemented. Both parties and the Hearing Coordinator must agree that the matter is appropriate for resolution by a conduct conference. Depending upon the nature and severity of the allegations, the Hearing Coordinator may decline to handle the matter administratively and refer the case to a Hearing Panel. A conduct conference is particularly appropriate when the Respondent has admitted to the harassment or misconduct and there is no discernible dispute in the relevant facts of the investigation report; however, at the discretion of the Hearing Coordinator, it may also be used when the facts are in dispute. The investigative report will serve as the primary evidence in making a determination of responsibility. Both parties must have notice, the opportunity to review the investigative report in advance, and the opportunity to present any additional relevant information to the Hearing Coordinator. In reaching a determination as to whether this policy has been violated, the Hearing Coordinator will reach a determination by a preponderance of the evidence, that is, whether the conduct was more likely than not to have occurred as alleged. Based on the outcome of the conduct conference, the Hearing Coordinator will issue an appropriate sanction. Both a Complainant and Respondent may appeal the determination of the Hearing Coordinator as provided in the Appeal section below. B. Hearing Panel The hearing panel typically consists of a three members drawn from a pool of trained faculty and campus administrators. Faculty members of the hearing panel pool are appointed by Faculty Council. Administration members of the hearing panel pool are selected and appointed by the Dean of Students Office. At the discretion of the Hearing Coordinator, the College may engage an external adjudicator to serve as a member of the hearing panel or in lieu of the hearing panel whenever, in the exercise of judgment, doing so will best serve the fair and equitable resolution of the complaint. In making the determination to select an external adjudicator, the Hearing Coordinator will consider, among other factors, the nature of the allegations, the complexity of the case, whether there is any issue of conflict of interest, the availability of trained panel members for the hearing, whether the College is in session or on break, or any other relevant factors. All hearing panelists must participate in annual training on non-discrimination; the dynamics of sexual harassment, sexual violence and intimate partner violence; the factors relevant to a determination of credibility; the appropriate manner in which to receive and evaluate sensitive information; the manner of deliberation; evaluation of consent and incapacitation; the application of the preponderance of the evidence standard; sanctioning and the College’s policies and procedures. The training will be coordinated by the Title IX Coordinator in conjunction with campus and external partners. The Hearing Panel is supported by the Hearing Coordinator, who is present at hearing panel meetings, but is not be a voting member of the panel. He or she will meet with all involved parties prior to the hearing, be present during the hearing to serve as a resource for the hearing panel on issues of policy and procedure, and to ensure that policy and procedure are appropriately followed throughout the hearing. In most cases, it should be possible to convene a hearing panel; however if the hearing must be heard at or after the end of the semester or academic year and/or a full hearing panel cannot reasonably be convened, those cases may be heard by the Vice President for Student Affairs and Dean of Students (or designee) or the College may substitute an alternate method of adjudication at its discretion. C. Advisors, Support Persons, and Attorneys Advisor: In any hearing, the Complainant and Respondent may choose to be assisted by an advisor. The Dean of Students Office maintains a list of campus community members who have undergone Title IX training who can guide a student through the pre-hearing and hearing process. The advisor may accompany the 9/7/13 Policies & Procedures | Occidental College | The Liberal Arts College in Los Angeles www.oxy.edu/sexual-assault-resources-support/policies-procedures#V. Prohibited Conduct and Definitions 23/29 student to any College investigative, administrative or adjudicative meeting, including the panel hearing. The advisor may not speak to the panel during the hearing. Support Person: A Complainant and Respondent may also choose to be assisted by an emotional support person of their choice. The person must be a member of the Occidental community (student, faculty, staff, or administrator). To serve as a support person, the individual will be required to meet with a Hearing Coordinator or the Title IX Coordinator in advance of any participation in the proceedings. The Survivor Advocate may serve as a support person for a Complainant. The support person cannot be a witness in the proceedings. The support person is a silent and non- participating presence who is there solely to observe and provide moral support during the hearing itself. This person is not to address the hearing panel, except to ask for a short recess if one of the parties requires some time to compose him or herself or collect his or her thoughts. The Hearing Coordinator 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. While the support person may be present to hear testimony, no written materials are to be shared with support people. Absent extenuating circumstances, witnesses and others involved in an investigation or hearing are not entitled to have a support person present. Role of the Attorney/Outside Agreements: The College prohibits outside attorneys, or family members acting as attorneys, from participating in proceedings under this policy. A Complainant or Respondent may choose to seek the advice and assistance of an attorney at his/her own expense, but the attorney may not participate in investigatory interviews, informal resolution proceedings, or formal resolution via administrative hearing or Hearing Panel. Similarly, the College will not recognize or enforce agreements between the parties outside of these procedures. D. Pre-Hearing Procedures 1. Notice of Charges Following the threshold determination that there is sufficient information to move forward with a hearing, the Hearing Coordinator will send written Notification Letter to both the Complainant and the Respondent. The Notification Letter provides each party with a brief summary of the conduct at issue and the specific provision of the policy violation(s) that are alleged to have taken place. 2. Pre-Hearing Meeting with Complainant and Respondent Following the Notification Letter, the Hearing Coordinator will contact the Complainant and Respondent to schedule separate meetings with each party. At this pre-hearing meeting, each party will receive an explanation of the hearing process and have the opportunity to ask any questions. If the Complainant and/or Respondent have elected to have advisors throughout the hearing process, the advisor is encouraged to accompany the Complainant/Respondent to this initial meeting. 3. Notice of Hearing Once each party has met with the Hearing Coordinator, a Notice of Hearing is sent to the Complainant and the Respondent. In addition, the Notice provides the parties with the date, time, and place of the hearing, as well as the name(s) of the person(s) hearing the case. In general, the hearing will be scheduled within ten (10) business days of the date of the Notice of Hearing. Under extenuating circumstances, this time frame may be extended. 4. Composition of the Hearing Panel The Complainant and the Respondent may submit a written request to the Hearing Coordinator that a member of the hearing panel be removed. The request must clearly state the grounds to support a claim of bias, conflict of interest or an inability to be fair and impartial. This challenge must be raised within two (2) business days of receipt of the Notice of Hearing. All objections must be raised prior to the commencement of the hearing. Failure to object prior to the hearing will forfeit one's ability to appeal the outcome based on perceived or actual bias. 5. Pre-Hearing Review of Documents The Complainant and the Respondent will each have the opportunity to review all investigative documents, subject to the privacy limitations imposed by state and federal law, at least five (5) business days prior to the hearing. The investigative documents will include the investigation report, any witness statements or interviews, statements or interviews by both parties, and any other documentary information that will be presented to the hearing panel. 6. Witnesses The Complainant, Respondent, and the hearing panel all have the right to call witnesses. Witnesses must have observed the conduct in question or have information relevant to the incident and cannot be called solely to speak about an individual’s character. 9/7/13 Policies & Procedures | Occidental College | The Liberal Arts College in Los Angeles www.oxy.edu/sexual-assault-resources-support/policies-procedures#V. Prohibited Conduct and Definitions 24/29 In general, neither party will be permitted to call as a witness anyone who was not interviewed by the investigator as part of the College’s investigation. If either party wishes to call witnesses, whether or not they were previously interviewed as part of the College’s investigation, the following must be submitted no later than five (5) business days before the hearing to the Hearing Coordinator via e-mail or in hardcopy format: • The names of any witnesses that either party intends to call; • A written statement and/or description of what each witness observed, if not already provided during investigation; • A summary of why the witness’ presence is relevant to making a decision about responsibility at the hearing; and, • The reason why the witness was not interviewed by the investigator, if applicable. The Hearing Coordinator will determine if the proffered witness(es) has relevant information and if there is sufficient justification for permitting a witness who was not interviewed by the investigator. The Hearing Coordinator may also require the investigator to interview the newly proffered witness. If witnesses are approved to be present, the Respondent and Complainant are provided with a list of witnesses and any relevant documents related to their appearance at the hearing no later than five (5) business days before the hearing. All parties have the opportunity to ask questions of witnesses (through the panel), regardless of who called them to the hearing. 7. Relevance The Hearing Coordinator will review the investigative report, any witness statements and any other documentary evidence to determine whether the proffered information contained therein is relevant and material to the determination of responsibility given the nature of the allegation. In general, the Hearing Coordinator may redact information that is irrelevant, more prejudicial than probative, or immaterial. The Hearing Coordinator may also redact statements of personal opinion, rather than direct observations or reasonable inferences from the facts, and statements as to general reputation for any character trait, including honesty. 8. Prior Sexual History and/or Pattern Evidence Prior Sexual History of a Complainant: In general, a Complainant’s prior sexual history is not relevant and will not be admitted as evidence at a hearing. Where there is a current or ongoing relationship between the Complainant and the Respondent, and the Respondent alleges consent, the prior sexual history between the parties may be relevant to assess the manner and nature of communications between the parties. As noted in other sections of this policy, however, the mere fact of a current or previous dating or sexual relationship, by itself, is not sufficient to constitute consent. Any prior sexual history of the Complainant with other individuals is typically not relevant and will not be permitted. Pattern Evidence by a Respondent: Where there is evidence of pattern of conduct similar in nature by the Respondent, either prior to or subsequent to the conduct in question, regardless of whether there has been a finding of responsibility, this information may be deemed relevant and probative to the panel’s determination of responsibility and/or assigning of a sanction. The determination of relevance will be based on an assessment of whether the previous incident was substantially similar to the conduct cited in the report and indicates a pattern of behavior and substantial conformity with that pattern by the Respondent. Where there is a prior finding of responsibility for a similar act of sexual misconduct, there is a presumption of relevance and the finding may be considered in making a determination as to responsibility and/or assigning of a sanction. The College, through the Hearing Coordinator or Title IX Coordinator, may choose to introduce this information, with appropriate notice to the parties. Alternatively, a party may request in writing that information under this section be admitted. A request to admit such information must be submitted to the Hearing Coordinator. The Hearing Coordinator, in consultation with the Title IX Coordinator, will assess the relevance of this information and determine if it is appropriate for inclusion at the hearing. To aid in an advance determination of relevance, the following must be submitted no later five (5) business days before the hearing to the Hearing Coordinator via e-mail or in hardcopy format: • A written statement and/or description of the proposed information, if not already provided during investigation; and • A summary of why this information is relevant to making a decision of responsibility at the hearing. If this information is approved as appropriate for presentation at the hearing, the Respondent and Complainant will be provided with a brief description of the approved information no later than five (5) business days before the hearing. 9/7/13 Policies & Procedures | Occidental College | The Liberal Arts College in Los Angeles www.oxy.edu/sexual-assault-resources-support/policies-procedures#V. Prohibited Conduct and Definitions 25/29 9. Request to Reschedule Hearing Either party can request to have a hearing rescheduled. Absent extenuating circumstances, requests to reschedule must be submitted to the Hearing Coordinator with an explanation for his or her request at least three (3) business days prior to the hearing. 10. Consolidation of Hearings At the discretion of the Hearing Coordinator, in consultation with the Title IX Coordinator, multiple reports may be consolidated against a Respondent in one hearing, if the evidence related to each incident would be relevant and probative in reaching a determination on the other incident. Matters may be consolidated where they involve multiple Complainants, multiple Respondents, or related conduct that would regularly have been heard under the Code of Student Conduct. E. Hearing Panel Procedures 1. Attendance at Hearing If a party does not attend a hearing for any non-emergency or compelling reason, the hearing may be held in his/her absence at the discretion of the Vice President of Student Affairs and Dean of Students. A Respondent will not be permitted to withdraw from the College prior to the conclusion of an investigation or formal resolution under this policy. If a Respondent chooses not to participate, the College will move forward with the hearing and imposition of sanction, if any, in absentia. The Respondent’s academic transcript will be marked Withdrawal Pending Disciplinary Action, or, if finally resolved in absentia, with the final outcome in accordance with regular practice under this policy. A Complainant or Respondent may also request alternative testimony options that would not require physical proximity to the other party. Options include placing a privacy screen in the hearing room, allowing the Complainant or Respondent to speak outside the physical presence of the other by using relevant technology to facilitate participation. Any proposed alternative must be reviewed in advance of the hearing to ensure that it is consistent with the goals of a fair and equitable process. While these options are intended to help make the alleged Complainant or Respondent more comfortable, they are not intended to work to the disadvantage of the other party. 2. Participants in Hearing Procedures The hearing panel is a closed hearing; it is not open to the public. The individuals who may appear before the hearing panel are: the Complainant; the Respondent; any individual serving as an approved advisor or support person; and any individuals appearing as witnesses. Attorneys, including family members acting as attorneys, are not permitted. 3. Safeguarding of Privacy All parties involved in a hearing are required to keep the information learned in preparation for the hearing and at the hearing private. No copies of documents provided are to be made or shared with any third parties. All copies provided must be returned to the College at the conclusion of the hearing and any appeals. Any breach of this duty is subject to further disciplinary action by the College. 4. Hearing Panel Procedures A hearing is not intended to be adversarial; rather, it is intended to be educational and developmental. The hearing is intended to provide a fair and ample opportunity for each side to present his/her account of the incident and for the hearing panel to determine the facts of the case, make a determination as to whether College policy was violated, and to recommend appropriate sanctions, if necessary. The hearing is an informal proceeding not comparable to a criminal trial; it is the mechanism by which the College assesses, and as appropriate, takes formal disciplinary action regarding a violation of College policy. The hearing panel must review all pertinent information regarding the incident in question prior to the date of the hearing panel. Relevant information supporting the violation(s) alleged may be offered in the form of written statements, documents, items, or oral information from the Complainant, the Respondent, and witnesses. A member of the panel will be designated as the panel chair. A hearing will be called to order by the panel chair. The Hearing Coordinator serves as a (non-voting) advisor to the hearing panel. The chair will explain the hearing process and will provide an opportunity to all parties to ask procedural questions prior to initial statements and the presentation of information. The investigator will provide a brief opening statement summarizing the investigation. The opening statement should focus on the areas of agreement and disagreement in order to assist the hearing panel in prioritizing areas of inquiry. The hearing panel, Complainant, or Respondent may make brief 9/7/13 Policies & Procedures | Occidental College | The Liberal Arts College in Los Angeles www.oxy.edu/sexual-assault-resources-support/policies-procedures#V. Prohibited Conduct and Definitions 26/29 inquiries of the investigator at this juncture, as there will be additional opportunity to ask questions of the investigator after the hearing panel has heard from the Complainant, the Respondent, and any witnesses. The Complainant may supplement the information provided to the panel with a brief statement. This is not intended to be a retelling of the event. The hearing panel may pose questions to the Complainant, including questions suggested by the Respondent. After the Complainant is finished, the Respondent will be given an opportunity, and is encouraged, to make a brief statement. The hearing panel may pose questions to the Respondent, including questions suggested by the Complainant. The panel may hear from witnesses on behalf of the Complainant and the Respondent. Each witness will be questioned by the hearing panel, and, as appropriate, the Complainant and the Respondent. Under some circumstances, the Complainant or Respondent may be asked to present a list of written questions to the panel, who will determine the relevance of the questions and pose any questions deemed relevant. The hearing panel, Complainant, and Respondent may then question the Investigator. The investigator is not permitted to offer an opinion on the credibility of any individual or as to the ultimate issue. At the conclusion of the presentation of all witnesses, the Complainant and Respondent will each be given a brief final opportunity to address any outstanding issues of fact. 5. Questioning of Witnesses It is the responsibility of the hearing panel to assure that the information necessary to make an informed decision is presented. The panel members may play an active role in questioning both parties and witnesses involved in the case. At times, the panel members may need to ask difficult or sensitive questions in order to understand areas of factual dispute or gain a full understanding of the context. At no time will the complainant or the respondent be permitted to directly question one another. As outlined above, the parties may submit questions to the hearing panel in writing, which may be posed at the discretion of the hearing panel. Similarly, the panel members are under no obligation to allow either party to directly question witnesses, and the panel may require that questions to witnesses be submitted in writing. Both parties are encouraged to prepare a written list of questions in advance. The parties may also submit questions in writing to the chair throughout the course of the hearing. The chair, in consultation with the panel, will determine the appropriateness and relevance of the questions. Parties and other individuals who offer information at a hearing are expected to respond honestly, and to the best of their knowledge. The hearing panel reserves the right to recall any party or witness for further questions and to seek additional information necessary to make a decision. 6. Deliberation After all of the information has been presented, all parties will be dismissed and the hearing will be formally concluded. The panel members will conduct their deliberations in private. The panel must complete their deliberations within two (2) business days, but every attempt will be made to complete the deliberations promptly. The Hearing Coordinator may remain for deliberations, but may not participate in the deliberations and may not vote. The hearing panel will determine a Respondent’s responsibility by a preponderance of the evidence. This means that the hearing panel will decide whether it is “more likely than not,” based upon all of the relevant information, that the Respondent is responsible for the alleged violation(s). The hearing panel must reach a decision on responsibility by majority vote. Only the decision on responsibility will be shared with the Complainant and the Respondent. If the panel finds the Respondent responsible, the panel will then recommend appropriate sanctions to the Hearing Coordinator. The Hearing Coordinator, in consultation with the Title IX Coordinator, will review the recommendations and impose an appropriate sanction. The findings of the hearing panel will be reduced to writing. The findings will detail the findings of fact and the basis/rationale for the decision of the hearing panel, making reference to the evidence that led to the finding. F. Sanctions A hearing panel that finds a Respondent responsible for a violation of this policy may recommend appropriate sanctions that may include, but are not limited to, those set forth below. Sanctions may be issued individually, 9/7/13 Policies & Procedures | Occidental College | The Liberal Arts College in Los Angeles www.oxy.edu/sexual-assault-resources-support/policies-procedures#V. Prohibited Conduct and Definitions 27/29 or a combination of sanctions may be imposed. The Complainant and Respondent will each have the opportunity to present a written statement about impact and/or requested sanctions. The hearing panel will review these statements only if the Respondent has been found responsible for one or more violation. In general: Any student who is determined to have committed sexual assault may receive a sanction ranging from suspension to expulsion. Any student who is determined to have committed non-consensual sexual contact or any other prohibited form of conduct may receive a sanction ranging from conduct warning to expulsion. The hearing panel may deviate from the range of recommended sanctions, based upon a full consideration of the following factors: (1) the Respondent’s prior discipline history; (2) how the College has sanctioned similar incidents in the past; (3) the nature and violence of the conduct at issue; (4) the impact of the conduct on the Complainant; (5) the impact of the conduct on the community, its members, or its property; (6) whether the Respondent has accepted responsibility for his actions; (7) whether the Respondent is reasonably likely to engage in the conduct in the future; (8) the need to deter similar conduct by others; and (9) any other mitigating or aggravating circumstances, including the College’s values. The hearing panel or Hearing Coordinator may also consider restorative justice outcomes that, taking into account the safety of the community as a whole, allows a Respondent to learn about the origins of his/her behavior, his/her responsibility for this behavior, and how s/he can change this behavior. In appropriate cases, a panel may determine that the conduct was motivated by bias, insofar as a Complainant was selected on the basis of his or her race, color, ethnicity, national origin, religion, age, disability or other protected class. Where the panel determines that student misconduct was motivated by bias, the panel may elect to increase the sanction imposed as a result of this motivation. The hearing panel will make a recommendation about the appropriate sanction. The Hearing Coordinator, in consultation with the Title IX Coordinator, may affirm or modify the recommended sanction(s). The Hearing Coordinator and Title IX Coordinator will review the panel’s recommendations and take reasonable steps to foster consistency for similar violations and circumstances. Sanctions that may be imposed under this policy include: Warning: Notice, in writing, that continuation or repetition of prohibited conduct may be cause for additional disciplinary action. Censure: A written reprimand for violating the Code of Student Conduct or other College policy. This conduct status specifies a period of time during which the student's or organization's good standing with the College may be in jeopardy. The student is officially warned that continuation or repetition of prohibited conduct may be cause for additional conduct action including probation, suspension, or expulsion from the College. Disciplinary Probation: Exclusion from participation in privileged activities for a specified period of time (privileged activities may include, but are not limited to, elected or appointed ASOC offices, student research, athletics, some student employment, and study abroad). Additional restrictions or conditions may also be imposed. Violations of the terms of disciplinary probation or any other College policy violations may result in further disciplinary action. Restitution: Repayment to the College or to an affected party for damages resulting from a violation of this Code. To enforce this sanction, the College reserves the right to withhold its transcripts and degrees or to deny a student participation in graduation ceremonies and privileged events. Removal from Campus Housing: Students may be removed from College housing and/or barred from applying for campus housing due to disciplinary violations of this Code. Suspension: Exclusion from College premises, attending classes, and other privileges or activities for a specified period of time, as set forth in the suspension notice. Notice of this action will remain in the student's conduct file. Conditions for readmission may be specified in the suspension notice. Expulsion: Permanent termination of student status and exclusion from College premises, privileges, and activities. This action will be permanently recorded on the student's academic transcript. Revocation of Admission and/or Degree: Admission to, or a degree awarded by, the College may be revoked for fraud, misrepresentation in obtaining the degree or violation of College policies, the Student Code of Conduct or for other serious violations committed by a student prior to enrollment or graduation. Withholding Degree: The College may withhold awarding a degree otherwise earned until the completion of the process set forth in this Code, including the completion of all sanctions imposed, if any. Other sanctions may be imposed instead of, or in addition to, those specified here. Service, education or research projects may also be assigned. More than one of the sanctions listed above may be imposed for 9/7/13 Policies & Procedures | Occidental College | The Liberal Arts College in Los Angeles www.oxy.edu/sexual-assault-resources-support/policies-procedures#V. Prohibited Conduct and Definitions 28/29 any single violation. G. Outcome Letter The outcome of the hearing panel will be final and communicated to the Complainant and Respondent in writing, usually within four (4) business days from the date the hearing is concluded. The notification of each party should occur at or near the same time. Both parties have the right to be informed of the outcome. In addition, the Respondent will be fully informed of any sanctions. For reports involving sexual violence, the Complainant will be fully informed of any sanctions. For all other reports under this policy, the Complainant will be informed of only those sanctions that directly relate to the Complainant, consistent with FERPA and other applicable law. The imposition of sanctions will take effect immediately and will not be stayed pending the resolution of the appeal. The College reserves the right to notify parents/guardians of dependent students regarding any health or safety risk, change in student status or conduct situation, particularly alcohol and other drug violations. The College may also notify parents/guardians of non-dependent students who are under age 21 of alcohol and/or drug policy violations. Where a student is not dependent, the College will contact parents/guardians to inform them of situations in which there is a significant and articulable health and/or safety risk. The College also reserves the right to designate which College officials have a need to know about individual conduct complaints pursuant to FERPA requirements. H. Appeals Either party may appeal the final outcome in writing to the Vice President for Student Affairs and Dean of Students or designee (the “Appeals Officer”). The appeal will be conducted in an impartial manner by an impartial decision-maker. The appeal must be filed in writing within five (5) business days of receiving the written outcome. The appeal shall consist of a plain, concise and complete written statement outlining the grounds for appeal and all relevant information to substantiate the basis for the appeal. The Complainant and/or Respondent may appeal only the parts of final outcome directly relating to him/her. Dissatisfaction with the outcome of the hearing is not grounds for appeal. The only grounds for appeal are: A procedural or substantive error occurred that significantly affected the outcome of the hearing (e.g. substantiated bias, material deviation from established procedures, etc.). New evidence, unavailable during the original hearing or investigation, that could substantially impact the original finding or sanction (a summary of this new evidence and its potential impact must be included). The receipt of the appeal will be acknowledged in writing (which can include email). Each party will be given the opportunity to respond in writing to the other party’s appeal. Any response by the opposing party must be submitted to the Appeals Officer within three (3) business days from receipt of the appeal. The appeals documents from each party will be considered together in one appeal review process. In any request for an appeal, the burden of proof lies with the party requesting the appeal, as the original determination and sanction are presumed to have been decided reasonably and appropriately. The Appeals Officer shall first consider whether the appeal is timely filed and if so, whether the appeal is properly framed based on the two grounds. If the Appeals Officer determines that the appeal is not properly framed, the appeal will be denied. If the appeal is based on procedural or substantive error, the Appeals Officer may return the complaint to the original hearing panel with instructions to reconvene to cure the error, or in rare cases where the error cannot be cured, the Appeals Officer can ask that a new hearing occur before a newly constituted hearing panel. In the case of new and relevant information, the Appeals Officer can recommend that the case be returned to the original hearing panel to assess the weight and effect of the new information and render a determination after considering the new facts. The reconsideration of the hearing panel is final. Appeals are not intended to be full rehearing of the complaint (de novo). In most cases, appeals are confined to a review of the written documentation or record of the original hearing, and pertinent documentation regarding the grounds for appeal. This is not an opportunity for the Appeals Officer to substitute his/her judgment for that of the original hearing body merely because s/he disagree with its finding and/or sanctions. Appeals decisions are to be deferential to the original hearing body, making changes to the finding only where there is clear error. The Appeals Officer can affirm or alter the original findings, depending on the basis of the requested appeal. Sanctions imposed are implemented immediately unless the Vice President for Student Affairs and Dean of Students stays implementation in extraordinary circumstances, pending the outcome of the appeal. Pending graduation, study abroad, internships/externships, or other events do not typically constitute extraordinary circumstances. In cases where the appeal results in reinstatement to the institution or of privileges, all reasonable attempts will be made to restore the student to their prior status, recognizing that some 9/7/13 Policies & Procedures | Occidental College | The Liberal Arts College in Los Angeles www.oxy.edu/sexual-assault-resources-support/policies-procedures#V. Prohibited Conduct and Definitions 29/29 OCCIDENTAL COLLEGE FOR ALUMNI FOR PARENTS EMPLOYMENT CONTACT US MAPS & DIRECTIONS 1600 Campus Road Los Angeles, California 90041 opportunities lost may be irretrievable in the short term. The Appeals Officer will render a written decision on the appeal to the Complainant and Respondent within fifteen (15) business days from the date of the submission of all appeal documents by both parties. Appeal decisions are final. I. Integrity of Proceedings These procedures are entirely administrative in nature and are not considered legal proceedings. Neither party may audio or video record the proceedings, nor is formal legal representation allowed. At the Hearing Coordinator’s discretion, anyone disrupting the hearing may be removed. J. Records The Title IX Coordinator will retain records of all reports and complaints, regardless of whether the matter is resolved by means of Title IX assessment, informal resolution or formal resolution. Complaints resolved by means of Title IX assessment or informal resolution are not part of a student’s conduct file or academic record or of an employee’s personnel record. Affirmative findings of responsibility in matters resolved through formal resolution are part of a student’s conduct record and an employee’s personnel record. Such records shall be used in reviewing any further conduct, or developing sanctions, and shall remain a part of a student’s conduct record or an employee’s personnel record. Generally suspension, expulsion, and withdrawal pending disciplinary action are permanently noted on a student’s transcript. The conduct files of students who have been suspended or expelled from the College are maintained in the Dean of Students Office indefinitely. Conduct files of students who have not been suspended or expelled are maintained in the Dean of Students Office for no fewer than seven years from the date of the incident. Further questions about record retention should be directed to the Dean of Students Office.

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