The Title IX Coordinator will administer complaints of sexual harassment, sexual violence or other Sex-Based Misconduct in accordance with this Section. Nothing in this section shall relieve a Responsible Employee from reporting obligations described in other sections of this policy.
Any disciplinary measures imposed by the University for violations of the University’s Behavioral Values and Expectations Policy at or near the time of the incident being investigated shall be consistent with paragraph (10) of subdivision (b) of California Education Code section 67386.
The University will take reasonable steps to respond to each incident of sexual harassment involving individuals subject to the University’s policies that occur in connection with any educational activity or other program of the University, as well as incidents that occurred on or off campus, if, based on the allegations, there is any reason to believe that the incident could contribute to a hostile educational environment or otherwise interfere with a student’s access to education.
Regardless of whether a complaint has been formally filed under the University’s Grievance Process 2 procedures for Formal Title IX Sexual Harassment Complaints, if the University knows, or reasonably should know, about the possible sexual harassment involving individuals subject to the University’s policies at the time, the University shall promptly investigate under the procedures set forth under Grievance Process 1, to determine whether the alleged conduct more likely than not occurred, or otherwise respond if the University determines that an investigation is not required. If the University determines that the alleged conduct more likely than not occurred, it shall immediately take reasonable steps to end the harassment, address the hostile environment, if one has been created, prevent its recurrence, and address its effects. The University is presumed to know of sexual harassment if a Responsible Employee knew, or, in the exercise of reasonable care, should have known, about the sexual harassment.1
A. Responding to Prior Incidents of Sexual Harassment.
The University shall consider and respond to requests for accommodations relating to prior incidents of sexual harassment that could contribute to a hostile educational environment or otherwise interfere with a student’s access to education where both individuals are, at the time of the request, subject to the institution’s policies.
In some cases, students may disclose incidents of sexual harassment or other Sex-Based Misconduct in the course of their academic program. Responsible Employees, and Confidential Resources acting outside the scope of their licensure or ordination, are still required to report these disclosures to the University’s Title IX Coordinator. In such cases, investigation or adjudication of the alleged misconduct may not be required or possible; however, the University may provide the student with supportive measures and resources appropriate to the situation and consistent with the University’s obligation to prevent a hostile educational environment or interference with the student’s access to education.
B. Responding to Student’s Requests for Confidentiality.
If a student who is not an employee of the University is a complainant and requests confidentiality, which could preclude a meaningful investigation or potential discipline of the potential respondent, or that no investigation or disciplinary action be pursued to address alleged sexual harassment, the University shall take the request seriously, while at the same time considering its responsibility to provide a safe and nondiscriminatory environment for all students, including for the complainant. The University shall generally grant the request. In determining whether to disclose a complainant’s identity or proceed to an investigation over the objection of the complainant, the University may consider whether any of the following apply:
- There are multiple or prior reports of sexual misconduct against the respondent.
- The respondent reportedly used a weapon, physical restraints, or engaged in battery.
- The respondent is a faculty or staff member with oversight of students.
- There is a power imbalance between the complainant and respondent.
- The complainant believes that the complainant will be less safe if complainant’s name is disclosed or an investigation is conducted.
- The University is able to conduct a thorough investigation and obtain relevant evidence in the absence of the complainant’s cooperation.
If the University determines that it can honor the student’s request for confidentiality, it shall still take reasonable steps to respond to the complaint, consistent with the request, to limit the effects of the alleged sexual harassment and prevent its recurrence without initiating formal action against the alleged perpetrator or revealing the identity of the complainant. These steps may include increased monitoring, supervision, or security at locations or activities where the alleged misconduct occurred; providing additional training and education materials for students and employees; or conducting climate surveys regarding sexual violence. The University shall also take immediate steps to provide for the safety of the complainant while keeping the complainant’s identity confidential as appropriate. These steps may include changing living arrangements or course schedules, assignments, or tests. The complainant shall be notified that the steps the University will take to respond to the complaint will be limited by the request for confidentiality.
If the University determines that it must disclose the complainant’s identity to the respondent or proceed with an investigation, it shall inform the complainant prior to making this disclosure or initiating the investigation. The institution shall also take immediate steps to provide for the safety of the complainant where appropriate. In the event the complainant requests that the University inform the respondent that the student asked the University not to investigate or seek discipline, the University shall honor this request.
Notwithstanding the above, all Responsible Employees are required to report allegations of sexual harassment as set forth in Section VII Reporting Prohibited Conduct to the University; Amnesty for Student Complaints and Witnesses. The determinations set forth in this section regarding whether to initiate an investigation or not shall be the responsibility of the Title IX Coordinator (or designee).
1 The University may rebut this presumption of knowledge if it shows all of the following: (1) The University provides training and requires all nonconfidential responsible employees to report sexual harassment; (2) Each nonconfidential responsible employee with actual or constructive knowledge of the conduct in question was provided training and direction to report sexual harassment; (3) Each nonconfidential responsible employee with actual or constructive knowledge of the conduct in question failed to report it.