1.  Amnesty Policy for Victim, Witness and/or Reporting Party 
Fresno Pacific University encourages the reporting of policy violations, misconduct and crimes.  Sometimes, victims or witnesses are hesitant to report to university officials or participate in resolution processes because they fear that they themselves may be accused of behavioral and policy violations, such as underage drinking that may have taken place at the time of the incident.  It is in the best interest of this community that as many victims as possible choose to report to university officials, and that witnesses come forward to share what they know.  To encourage reporting, the university offers victims, witnesses and reporting parties’ amnesty from minor policy violations related to the incident. Amnesty for major violations may be considered but is not guaranteed.

2. Non-discrimination Policy
In compliance with Titles VI and VII of the Civil Rights Act of 1964, Title IX of the Educational Amendments of 1972, and Section 504 of the Rehabilitation Act of 1973, Fresno Pacific University does not discriminate on the basis of race, color, national origin, sex, age, disability, or status as a veteran in the recruitment or admissions of students or in any of its policies, practices, or procedures.

Fresno Pacific University prohibits discrimination on the basis of sex in educational programs operated by institutions that receive federal financial assistance.  Programs and activities which may be included are: admissions, recruitment, financial aid, academic programs, athletics, housing and employment.

Examples of types of discriminatory conduct include but are not limited to:
a.Depriving an individual of employment opportunities on the basis of a protected characteristic such as:
i.Refusing to hire or promote a person because of a protected characteristic
ii.Terminating a person on the basis of a protected characteristic
iii.Subjecting an employee to different performance standards or reviews because of a protected characteristic, other than in conjunction with a reasonable accommodation offered to a qualified individual with a disability, or
iv.Depriving an employee of job benefits on the basis of a protected characteristic
b.Depriving an individual of academic opportunities on the basis of a protected characteristic such as:
i.Refusing admission to academic programs on the basis of a protected characteristic
ii.Subjecting individuals to different academic standards on the basis of a protected characteristic
iii.Refusing access to university housing, recreational, or social activities on the basis of a protected characteristic

3. Harassment Policy
Fresno Pacific University prohibits all forms of harassment.  Harassment of a student or an employee of the university by other students, employees, supervisors, or agents of Fresno Pacific University will not be tolerated.  All reports of harassment will be taken seriously, promptly investigated, and addressed.  During any harassment investigation, matters of egregiousness, pervasiveness adn loss will be especially attended to.

Harassment is conduct that meets all of the three criteria defined below:
a. Unwelcomed if, under the totality of the circumstances it is:
i. Neither solicited nor incited; and
ii. It is regarded by the recipient as undesirable or offensive
b. Directed or related to an individual’s race, color, religion, ancestry, national origin, sex, marital status, sexual orientation, age, disability, veteran status or any other classification protected by law
c. When either of the following conditions exist:
i .It is implicitly or explicitly suggested that submission to or rejection of the conduct will be a factor in academic or employment decisions, evaluations, or permission to participate in a University activity; or
ii. The conduct would be offensive to a reasonable person under the circumstances in question and if not corrected, could interfere with an individual’s academic or work performance or create or substantially contribute to an intimidating or hostile work, academic or student living environment.  In determining whether the alleged conduct constitutes discrimination or harassment under this policy, consideration of the incident will include but not limited to the totality of the circumstances, the context in which the alleged incident(s) occurred, the relationship of the parties, whether the alleged offending party was asked to cease the offending conduct and principles of academic freedom.

Examples of types of harassment prohibited by this policy include but are not limited to:
a. Verbal harassment, such as harassing phone calls, jokes, slurs, epithets, anecdotes, or other derogatory statements directed to an individual’s or group of individual’s race, color, religion, ancestry, national origin, sex, marital status, sexual orientation, age, disability, veteran status or any other classification protected by law other than in an appropriate academic study of such activity; or
b. Visual, through the use of writings, graffiti, e-mail, texts, posters, objects, or symbols that ridicule ore demean an individual’s or group of individual’s race color, religion, ancestry, national origin, sex, marital status, sexual orientation, age, disability, veteran status or any other classification protected by law other than in an appropriate academic study of such activity; or
c. Physical, such as unwanted touching, stalking, or impeding an individual’s free movement on the basis of a protected characteristic.

Examples of types of harassment prohibited by this policy include but are not limited to:
a. Verbal harassment, such as harassing phone calls, jokes, slurs, epithets, anecdotes, or other derogatory statements directed to an individual’s or group of individual’s race, color, religion, ancestry, national origin, sex, marital status, sexual orientation, age, disability, veteran status or any other classification protected by law other than in an appropriate academic study of such activity; or
b. Visual, through the use of writings, graffiti, e-mail, texts, posters, objects, or symbols that ridicule ore demean an individual’s or group of individual’s race color, religion, ancestry, national origin, sex, marital status, sexual orientation, age, disability, veteran status or any other classification protected by law other than in an appropriate academic study of such activity; or
c. Physical, such as unwanted touching, stalking, or impeding an individual’s free movement on the basis of a protected characteristic.

4. Sexual Harassment Policy
Fresno Pacific University prohibits all forms of sexual harassment.  Sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other verbal, visual, or physical conduct of a sexual nature when:
a. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or student status
b. Submission to or rejection of such conduct by an individual is used as a basis for an employment decision or performance evaluation affecting an individual
c. Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating a hostile, intimidating, or offensive working/learning/living environment, or when submission to, or rejection of the conduct by the individual is used as the basis for any decision affecting the individual is used as the basis for any decision affecting the individual regarding benefits and services, honors, programs or activities available at or through Fresno Pacific University

d.During any sexual harassment investigation, matters of egregiousness, pervasiveness, and loss will be especially attended to.

Examples of sexual misconduct include, but are not limited to:
a. Verbal conduct such as epithets, derogatory jokes or comments, slurs or unwelcome sexual advances, invitations, flirtations, propositions, or comments whether spoken or written, verbal abuse of a sexual nature, graphic verbal commentaries about an individual’s body, suggestive or obscene comments, letters or notes;
b. Display of derogatory and/or sexually-oriented objects, photography, cartoons, drawings or posters;
c. Physical conduct such as sexually-oriented gestures, assault, inappropriate touching, blocking normal movement, or interfering with work;
d. Threats, demands or subtle pressure to submit to sexual requests as a condition of continued employment or academic advancement, or to avoid some other loss, making or threatening reprisals after a negative response to sexual advances, and offers of preferential treatment in return for sexual favors;
e. Retaliation for having reported or threatened to report sexual harassment.

Harassment based upon any of the characteristics described, including sexual harassment, is absolutely prohibited.

  • Faculty – Student sexual harassment is prohibited.
  • Faculty – Faculty sexual harassment is prohibited.
  • Faculty – Staff sexual harassment is prohibited.
  • Staff – Student sexual harassment is prohibited.
  • Staff – Staff sexual harassment is prohibited.
  • Staff – Faculty sexual harassment is prohibited.
  • Student – Student sexual harassment is prohibited.
  • Student – Faculty sexual harassment is prohibited.
  • Student – Staff sexual harassment is prohibited.

5. Sexual Misconduct Policy
Fresno Pacific University prohibits all forms of sexual misconduct.  Sexual misconduct is any unwelcome behavior of a sexual nature that is committed without consent or by force, intimidation, coercion, or manipulation. Sexual misconduct can occur among persons of the same or different sex.  Sexual misconduct includes, but is not limited to, sexual harassment, sexual assault, sexual exploitation, domestic violence, dating violence, and stalking (for definitions of these terms that will be used in applying this policy, see definition of terms).