Complainants and respondents may each have an advisor of their choosing as they go through the formal complaint process. The advisor’s role is to provide support and to give advice. An advisor may accompany the party that he or she advises to such party’s proceedings, but during a proceeding the advisor may only speak to the party he or she advises and may not interrupt or interfere with the process. If an advisor does not follow the restrictions in this paragraph, the advisor may be required to leave the proceedings (in which case the applicable party may select a different advisor). The University recognizes that the parties may consult with legal counsel concerning their situations. An advisor may also be an attorney.
Clery & Timely Warnings
Certain campus officials – those deemed Campus Security Authorities (CSA) – have a duty to report sexual assault, domestic violence, dating violence and stalking for federal statistical reporting purposes (Cleary Act). All personally identifiable information (name/specific location) is kept confidential, but statistical information must be passed along to campus law enforcement regarding the type of incident and its general location (geographic area on/off campus, surrounding area, and public property) for publication in the Annual Security Report. This report helps to provide the community with a clear picture of the extent and nature of campus crime, to ensure greater community safety.
Mandated federal reporters include: student/conduct affairs, campus law enforcement, coaches, athletic directors, residence life staff, student activities staff, human resources staff, advisors to student organizations and any other official with significant responsibility for student and safety activities/responsibilities. The information to be shared includes the date, the location of the incident (using Clery location categories) and the Clery crime category. This reporting protects the identity of the complainant and may be done anonymously.
University officials will decide whether the information provided about alleged sexual misconduct presents an ongoing threat and determine if it is necessary to issue a timely warning to the campus community about potential dangers. The Chief of Campus Safety is required by law to issue immediate timely warnings for incidents reported that confirm to pose a substantial threat of bodily harm or danger to members of the campus community. The university will ensure that a complainant’s name and other identifying information is protected as far as reasonably possible, while still providing enough information for community members to make safety decisions in light of the danger. If there is evidence that a respondent’s continued presence may constitute a threat to others or to the continuance of normal university operations, interim suspension, loss of housing privileges, and/or other restrictions may be imposed immediately and without prior notice.
University officials will protect (as far as is reasonably possible in the circumstances) the privacy of the complainant and the respondent. The University will take all reasonable steps to investigate and respond consistently with any request for confidentiality. However, the University cannot guarantee the anonymity of an individual making an informal or formal complaint. The University may disclose information provided by complainants, respondent, or others in order to comply with legal requirements to promote the safety of students and employees (Clery) and to proceed with formal conduct proceedings. A few on campus exceptions to this are as follows: licensed professional counselors and staff, on-campus health service providers and staff, and the campus pastor working within the scope of their licensure or ordination.
The University recognizes that false allegations of discrimination, harassment, sexual harassment, sexual misconduct, sexual assault, dating violence, domestic violence and stalking can have serious effects on innocent men and women and their educational process. Therefore, the University may take disciplinary action in cases where frivolous, false, or vexatious complaints are submitted. In addition, the University may take disciplinary action against those who bear false witness during an investigation.
FERPA generally prohibits nonconsensual disclosure of personally identifiable information from a student’s education record. However, FERPA permits the University to disclose certain information in connection with sexual misconduct proceedings, and the University may make use of such exceptions.
Fresno Pacific University reserves the right to notify parents/guardians of dependent students regarding any health or safety risk, change in student status or conduct situation, particularly in the case of an alcohol/drug violations. The university may also notify parents/guardians of non-dependent students, who are under the age of 21, of alcohol and/or drug policy violations. Where a student is non-dependent, the university will contact parents/guardians to inform them of situations in which there is a significant and articulable health and/or safety risk. The university also reserves the right to designate which university officials have a need to know about individual conduct reports pursuant to the Family Educational Rights and Privacy Act.
The University strictly prohibits any retaliation, intimidation, or coercion directed against a student/employee, or other person who, in good faith, has filed a complaint, reported an incident or has testified, assisted or participated in any manner in any investigation proceeding or adjudication. Any student/employee who, after appropriate investigation, has been determined to have retaliated against a student/employee will be subject to disciplinary action, up to and including immediate suspension, dismissal or expulsion. If any student/employee believes he or she has been retaliated against, the student/employee should directly and immediately contact the coordinator.