Purpose/BackgroundIn keeping with its long-standing traditions and policies, University of the Pacific considers students, employees, applicants for admission or employment, and those seeking access to university programs on the basis of individual merit. The university does not discriminate on the basis of race, sex/gender, sexual orientation, national origin, ancestry, color, language use, religion, religious creed, age, marital status, gender, gender identity, gender expression, cancer-related or genetic-related medical condition, disability, pregnancy, perceived pregnancy, citizenship status, military service status, or any other status protected by law (including Title IX of the Education Amendments of 1972).
The purpose of this Policy is to:
Applicability/ResponsibilityThe core purpose of this Policy is the prohibition of all forms of sex and gender-based Discrimination, and Retaliation. Sometimes, Discrimination involves exclusion from or different treatment in activities, such as admission, athletics, or employment. Other times, Discrimination takes the form of harassment or, in the case of sex-based discrimination, can encompass Sexual Harassment, Sexual Assault, Stalking, Sexual Exploitation, Dating Violence or Domestic Violence. When an alleged violation of this Policy is reported, the allegations are subject to resolution using the university's "Process A" or "Process B," as determined by the Title IX Coordinator, and as detailed within the associated procedures. In general, if some or all of the allegations in a Complaint relate to the protections of Title IX as described in the 2020 Federal Regulations (34 CFR §106) then all allegations in the complaint are resolved through Process A. All other complaints under this policy are resolved through Process B.
This Policy applies to all members of University of the Pacific Community, as defined below. When the Respondent or Complainant is not a Pacific Student or employee, a grievance process may still be available. The procedures outlined may also be applied to incidents, to patterns, and/or to the campus climate, all of which may be addressed and investigated in accordance with this Policy. Title IX Coordinator Elizabeth Trayner serves as University of the Pacific's Title IX Coordinator and oversees implementation of the Policy Prohibiting Sexual Misconduct, Discrimination, and Retaliation. The Title IX Coordinator has the primary responsibility for coordinating the university's efforts related to the intake, investigation, resolution, and implementation of Supportive Measures to stop, remediate, and prevent Discrimination, Harassment, and Retaliation prohibited under this Policy.
Dr. Elizabeth Trayner Title IX Coordinator 3601 Pacific Avenue Hand Hall 112 Stockton, California 95211 email@example.com Direct: 209.946.7770 Toll-Free: 888.383.2765 www.go.pacific.edu/TitleIX
Notice/Complaints of Discrimination, Harassment, and/or Retaliation
Notice or complaints of sex or gender-based Discrimination, Harassment, and/or Retaliation may be communicated in any of the following ways:
1) File a Complaint with, or give verbal notice to, the Title IX Coordinator or deputy/deputies/Officials with Authority. Such a report may be made at any time (including during non-business hours) by using the telephone number or email address, or by mail to the office address, listed for the Title IX Coordinator or any other official listed.
2) Report online, using the reporting form posted at www.go.pacific.edu/TitleIX. Anonymous reports are accepted but can give rise to a need to investigate. The university tries to provide Supportive Measures to all Complainants, which is impossible with an anonymous report. Because reporting carries no obligation to initiate a formal response, and as the university respects the Complainant's requests to dismiss complaints unless there is a compelling threat to health and/or safety, the Complainant is largely in control and should not fear a loss of privacy by making a report that allows the university to discuss and/or provide Supportive Measures.
3) Report using the Compliance Helpline: 800.854.8443.
In order to file a Formal Complaint, a document must be submitted by the Complainant or by the Title IX Coordinator alleging a policy violation by a Respondent and requesting that the university investigate the allegation(s). A Complaint may be filed with the Title IX Coordinator in person, by mail, or by electronic mail, by using the contact information in this Policy. As used in this paragraph, the phrase "document submitted by a Complainant" means a document or electronic submission (such as by electronic mail or through an online portal provided for this purpose by the university) that contains the Complainant's physical or digital signature, or otherwise indicates that the Complainant is the person filing the complaint, and requests that the university investigate the allegations.
If Notice is submitted in a form that does not meet this standard, the Title IX Coordinator will contact the Complainant to ask that it be submitted correctly. Education and Prevention
University of the Pacific provides education and prevention programs including prevention strategies, awareness campaigns, primary prevention, bystander intervention, and risk reduction. Outreach programs are also provided to make Students, Faculty and Staff aware of all aspects of this policy, including the practical implications of an affirmative consent standard, resources available for victims, and the rights and responsibilities of Students, Faculty and Staff. Prevention programs are included as part of incoming student orientation. Per California harassment laws AB1825 and SB 1343, all employees must complete ongoing prevention and intervention training and education.
What to do
For information on what to do if you have experienced sex or gender-based discrimination or harassment go to: https://www.pacific.edu/campus-life/safety-and-conduct/sexual-assault-/-title-ix-resources-and-support/get-help.html Supportive Measures
University of the Pacific will offer and implement appropriate and reasonable supportive measures to the parties upon Notice of alleged Harassment, Discrimination, and/or Retaliation.
Supportive Measures are non-disciplinary, non-punitive, individualized services offered as appropriate and reasonably available, and without fee or charge to the parties to restore or preserve access to the university's education program or activity, including measures designed to protect the safety of all parties or the university's educational environment, and/or deter harassment, discrimination, and/or retaliation. The Title IX Coordinator works with the Complainant to ensure that their wishes are taken into account with respect to the Supportive Measures that are planned and implemented.
The university will maintain the Privacy of any individual receiving Supportive Measures, provided that this Privacy does not impair the university's ability to provide the Supportive Measures. The university will seek to implement Supportive Measures in a way that does not unreasonably burden the other party, and has as minimal an academic/occupational impact on the parties as is reasonably possible.Supportive measures may include, but are not limited to:
Violations of no contact orders, trespass or PNG instructions by students or employees will be referred to appropriate processes for enforcement. Emergency Removal
University of the Pacific can act to remove a Student Respondent entirely or partially from its education program or activities on an emergency basis when an individualized safety and risk analysis has determined that an immediate threat to the physical health or safety of any student or other individual justifies removal. This risk analysis is performed by the Title IX Coordinator in conjunction with the Behavioral Intervention Team using its standard objective violence risk assessment procedures. The Title IX Coordinator has sole discretion under this policy to implement or stay an emergency removal and to determine the conditions and duration. Violation of an emergency removal under this policy by a Student or employee will be grounds for discipline, up to and including Dismissal or Termination, respectively, through appropriate conduct policies.
The university will implement the least restrictive emergency actions possible in light of the circumstances and safety concerns. As determined by the Title IX Coordinator, working in coordination with the appropriate entity (Student Conduct, Human Resources Department, or Provost), these actions could include, but are not limited to: removing a student from a residence hall, temporarily re-assigning an employee, restricting a student's or employee's access to or use of facilities or equipment, allowing a student to withdraw or take grades of incomplete without financial penalty, authorizing an administrative leave, and suspending a student's participation in extracurricular activities, student employment, student organizational leadership, or intercollegiate/intramural athletics.
At the discretion of the Title IX Coordinator, alternative coursework options may be pursued to ensure as minimal an academic impact as possible on the Parties.
Where the Respondent is an employee, the university will follow the university policies for determining the need for taking interim action.
All allegations are acted upon promptly by University of the Pacific once it has received notice or a formal complaint. Complaints typically take 60-90 business days to resolve. There are always exceptions and extenuating circumstances that can cause a resolution to take longer, but the university will avoid all undue delays within its control.
If the general timeframes for resolution outlined in university procedures will be delayed, the university will provide written notice to the parties of the delay, the cause of the delay, and an estimate of the anticipated additional time that will be needed as a result of the delay. Privacy
When reports or complaints are made of sex- or gender-based Discrimination, Harassment or Retaliation, University of the Pacific will endeavor to preserve the confidentiality of the information contained in the reports or complaints, as well as the identities of (1) the person making the report or Complaint; (2) any Complainant; (3) any Respondent; and (4) any witness, except as permitted by the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. §1232g; FERPA regulations, 34 CFR §99; or as required by law; or to carry out the purposes of this policy, including the conducting of any investigation, hearing, or grievance proceeding arising under these Policies and associated procedures.
The university reserves the right to determine which university officials have a legitimate educational interest in being informed about incidents that fall within this policy, pursuant to the Family Educational Rights and Privacy Act (FERPA).
Typically, only a small group of officials who need to know will be told about the complaint, including but not limited to: the Title IX Coordinator and appropriate members of the Title IX Team; Public Safety; and the university's Behavioral Intervention/Threat Assessment Team. Information will be shared as necessary with Investigators, Decision-Makers, witnesses, and the Parties. Additional units within the university such as Human Resources and the Faculty Grievance Committee will be informed, as appropriate. The circle of people with this knowledge will be limited to preserve the parties' rights and Privacy.
The university may contact parents/guardians to inform them of situations in which there is a significant risk to the safety or well-being of that student, other students, or other members of the school community, but will usually consult with the Student first before doing so.Confidentiality and Mandated Reporting are addressed more specifically below.
Independence and Conflict-of-Interest The Title IX Coordinator manages the Title IX Team and acts with independence and authority free from bias and conflicts of interest. The Title IX Coordinator oversees all resolutions under this policy and associated procedures. The members of the Title IX Team are trained to ensure they are not biased for or against any party in a specific case, or for or against Complainants and/or Respondents, generally.
Persons who have a complaint involving bias or conflict of interest by the Title IX Coordinator, should contact the university President, Chris Callahan, at 209.946.222 or internal audit. Concerns of bias or a potential conflict of interest by any other Title IX Team member should be raised with the Title IX Coordinator.
Reports of Sexual Misconduct or Discrimination committed by the Title IX Coordinator should be reported to the university President, Chris Callahan, at 209.946.222 or designee. Reports of Sexual Misconduct or Discrimination committed by any other Title IX Team member should be reported to the Title IX Coordinator.
Jurisdiction This Policy applies to all University of the Pacific community members, including Students, Faculty, Staff, administrators, consultants, vendors, and others engaged in business with the university. Every community member is responsible for complying with all university policies and procedures.
The university's prohibition of Sexual Misconduct includes conduct occurring on campus or off campus, including online and electronic communication or other conduct, when the university determines there is a nexus to the university and the university has a substantial interest. Regardless of where the conduct occurred, the university will address notice/complaints to determine whether the conduct occurred in the context of its employment or educational program or activity and/or has continuing effects on campus or in an off-campus sponsored program or activity. The university has a substantial interest in conduct when it:
· Occurs at university-related events
· Occurs during study abroad, clinical, internship or other academic programs
· Constitutes a violation of local, state or federal law; including repeat violations of any local, state, or federal law committed in any county where the university is located
· Indicates that the individual may present a danger or threat to the health or safety of him/herself or others
· Significantly threatens the rights or property of those protected by this Policy, or significantly breaches the peace and/or causes social disorder
· Is harmful to the educational mission of the university
· Involves individuals covered by this Policy at a non-university event
University policies and procedures apply to conduct that takes place once a person becomes a Student or employee of the university, including periods during academic breaks and between semesters/academic terms. This Policy applies to and protects visitors to the university. Visitors may file a Complaint for alleged violation(s) of university policies and procedures committed by members of the Pacific community. Pacific community members may be held accountable for the conduct of their guests.
If the Respondent is unknown or is not a member of the Pacific community, the Title IX Coordinator will assist the Complainant in identifying appropriate campus and local resources and support options and, when criminal conduct is alleged, local or campus law enforcement if the individual would like to file a police report.
Even when the Respondent is not a member of Pacific's community, Supportive Measures, Remedies, and resources may be accessible to the Complainant by contacting the Title IX Coordinator or Pacific's Victim Advocate.
In addition, the university may take other actions as appropriate to protect the Complainant against third parties, such as barring individuals from university property and/or events.
All vendors serving the university through Third-Party contracts are subject to the policies and procedures of their employers and may, through their contract, be bound by this policy.
When the Respondent is enrolled in or employed by another institution, the Title IX Coordinator may assist the Complainant in liaising with the appropriate individual at that institution, as it may be possible to allege violations through that institution's policies.
The Title IX Coordinator may be able to assist and support a student or employee Complainant who experiences Discrimination in an environment external to the university (such as an internship, externship, study abroad program, or other environment) where Sexual Harassment or Nondiscrimination policies and procedures of the facilitating or host organization provide Supportive Measures for the Complainant.
Time Limits on Reporting There is no time limitation on providing Notice/Complaints to the Title IX Coordinator. However, if the Respondent is no longer subject to University of the Pacific's jurisdiction and/or significant time has passed, the ability to investigate, respond, and provide remedies may be more limited or impossible.
Acting on Notice/Complaints significantly impacted by the passage of time (including, but not limited to, the rescission or revision of policy) is at the discretion of the Title IX Coordinator, who may document allegations for future reference, offer Supportive Measures and/or Remedies, and/or engage in informal or formal action, as appropriate.
When Notice/Complaint is affected by significant time delay, the university will typically apply the Policy in place at the time of the alleged Sexual Misconduct and the procedures in place at the time of Notice/Complaint.
Points of Contact
Dr. Elizabeth Trayner
Title IX Coordinator
Office of the President
3601 Pacific Avenue
Hand Hall 112
Stockton, CA 95211
This facility can be utilized for immediate medical treatment.
This facility performs Sexual Assault examinations.
This is a Confidential Resource.
Office for Civil Rights (OCR)
U.S. Department of Education
400 Maryland Avenue, SW
Washington, D.C. 20202-1100 Customer Service Hotline #: (800) 421-3481
Facsimile: 202.453.6012 TDD#: 877.521.2172
San Francisco Office
Office for Civil Rights
50 Nations Plaza
Mail Box 1200, Room 1545
San Francisco, CA 94102
U.S. Department of Health and Human Services
200 Independence Avenue, SW
Room 509F, HHH Building
Washington, D.C. 20201
Michael Leoz, Regional Manager
90 7th Street, Suite 4-100
San Francisco, CA 94103
Customer Response Center: 800.368.1019
Equal Employment Opportunity Commission (EEOC)
DefinitionsTerms in this Policy that are capitalized (e.g., "Sexual Misconduct") are defined below.
Romantic relationships that may occur between various members of the Pacific community. Some consensual relationships have the potential to evolve into Sexual Misconduct. This is true of faculty-student, faculty-staff, staff-student, supervisor-subordinate, and coach-student athlete relationships. The university prohibits consensual relationships when one person provides teaching, mentoring, supervision or coaching to the other person in that relationship.
Athletics Staff/Student-Athlete Amorous Relationships Policy
Intimate Relationships Affecting Supervisory Functions, Teaching, and Mentoring
Affirmative, conscious, and voluntary agreement to engage in sexual activity. It is the responsibility of each person involved in the sexual activity to ensure that they have the affirmative consent of the other or others to engage in the sexual activity. Lack of protest or resistance does not mean consent, nor does silence mean Consent. Affirmative Consent must be ongoing throughout sexual activity and can be revoked at any time. The existence of a dating relationship between the persons involved, or the fact of past sexual relations between them, should never by itself be assumed to be an indicator of consent. The person must act freely and voluntarily and have knowledge of the nature of the act or transaction involved.
A current or previous dating or marital relationship shall not be sufficient to constitute Consent. Evidence that the victim suggested, requested, or otherwise communicated to the Respondent that the Respondent use a condom, other birth control or protective/prophylactic device, without additional evidence of consent, is not sufficient to constitute Consent. Consent to one form of sexual activity cannot imply Consent to other forms of sexual activity. Consent cannot be obtained by the use of physical force, threats, intimidating behavior or coercion (e.g. unreasonable pressure for sexual activity). Consent cannot be given by a person known under the legal age of Consent or by someone, or who should have been known, to be mentally or physically incapable of providing consent (by alcohol or other drug use, unconsciousness, blackout, sleep, shock disability, age [i.e. under 18 years old] or for any other reason). The use of alcohol or drugs will not function as an excuse for behavior that violates this Policy.
Policy StatementStudents, staff, administrators, and faculty are entitled to an employment and educational environment that is free of legally prohibited harassment. University of the Pacific's Policy is not meant to inhibit or prohibit educational content or discussions inside or outside of the classroom that include germane but controversial or sensitive subject matters protected by academic freedom.
The sections below describe the specific forms of legally prohibited harassment that are also prohibited under university policy. Collectively, these are referred to as Sexual Misconduct.
When speech or conduct is protected by academic freedom and/or Leonard's Law, it will not be considered a violation of university policy, though supportive measures will be offered to those impacted. The university's policies are written and interpreted broadly to include online manifestations of any of the behaviors prohibited below.
1. Discriminatory Harassment
Discriminatory Harassment constitutes a form of Discrimination that is prohibited by university policy. Discriminatory Harassment is defined as unwelcome conduct by any member or group of the community on the basis of actual or perceived membership in a class protected by policy or law.
The university does not tolerate discriminatory harassment of any employee, student, visitor, or guest. The university will act to remedy all forms of harassment when reported, whether or not the harassment rises to the level of creating a "hostile environment."
A hostile environment is one that unreasonably interferes with, limits, or effectively denies an individual's educational or employment access, benefits, or opportunities. This discriminatory effect results from harassing verbal, written, graphic, or physical conduct that is severe or pervasive and objectively offensive.
When discriminatory harassment rises to the level of creating a hostile environment, the university may also impose sanctions on the Respondent through application of the appropriate grievance process below.
The university reserves the right to address offensive conduct and/or harassment that 1) does not rise to the level of creating a hostile environment, or 2) that is of a generic nature and not based on a protected status. Addressing such conduct will not result in the imposition of discipline under University of the Pacific policy, but may be addressed through respectful conversation, remedial actions, education, effective Alternate Resolution, and/or other informal resolution mechanisms.
For assistance with Alternate Resolution and other informal resolution techniques and approaches, employees should contact the Assistant Vice President of Human Resources, and students should contact the Assistant Dean of Student Conduct & Community Standards.
2. Sexual Harassment
The Department of Education's Office for Civil Rights (OCR), the Equal Employment Opportunity Commission (EEOC), and the State of California regard Sexual Harassment, a specific form of discriminatory harassment, as an unlawful discriminatory practice.
University of the Pacific has adopted the following definition of Sexual Harassment in order to address the unique environment of an academic community, which consists not only of employer and employees, but of Students as well.
Acts of sexual harassment may be committed by any person upon any other person, regardless of the sex, sexual orientation, and/or Gender Identity or Gender Expression of those involved.
Sexual Harassment, as an umbrella category, includes the offenses of Sexual Harassment, Sexual Assault, Domestic Violence, Dating Violence, and Stalking, and is defined as:
Conduct on the basis of sex that satisfies one or more of the following:
3. Other Civil Rights Offenses
In addition to the forms of Sexual Harassment described above, which fall within the coverage of Title IX as defined in 34 CFR §106.30, University of the Pacific additionally prohibits the following offenses as forms of discrimination outside of Title IX as defined in 34 CFR §106.30 when the act is based upon the Complainant's actual or perceived Sex, Gender, Gender Identity, or Gender Expression.
a) Sexual Exploitation, defined as: taking non-consensual or abusive sexual advantage of another for their own benefit or for the benefit of anyone other than the person being exploited, and that conduct does not otherwise constitute sexual harassment under this policy. Examples of Sexual Exploitation include, but are not limited to:
b) Non-Consensual Sexual Intercourse, defined as non-consensual sexual intercourse or any other sexual penetration (oral, anal, or vaginal) with a body part or other object (no matter how slight), rape, forced sodomy, forced oral copulation or the threat of any of these behaviors;c) Non-Consensual Sexual Touching, defined as intentional sexual touching, however slight, with any body part or object, by any individual upon another that is without consent and/or by force or coercion. Sexual contact includes: intentional contact with the breasts, buttock, groin, or genitals, or touching another with any of these body parts or object, or making another touch you or themselves with or on any of these body parts; any intentional bodily contact in a sexual manner, though not involving contact with/of/by breasts, buttocks, groin, genitals, mouth, or other orifice.d) Threatening or causing physical harm, extreme verbal, emotional, or psychological abuse, or other conduct which threatens or endangers the health or safety of any person;
e) Gender-Based Harassment, defined acts of verbal, nonverbal, or physical aggression, based on gender, gender expression, sex or sexual-orientation; unwelcome sexual advances, requests for sexual favors; verbal, visual or physical conduct of a sexual nature;
f) Gender-Based Discrimination, defined as giving preferential treatment to a gender to the disadvantage of another;
g) Intimidation, defined as implied threats or acts that cause an unreasonable fear of harm in another; h) Sex or Gender-Based Hazing, defined as acts likely to cause physical or psychological harm or social ostracism to any person within the Pacific community, when related to the admission, initiation, pledging, joining, or any other group-affiliation activity (as defined further in the Hazing Policy); i) Sex or Gender-Based Bullying, defined as:
j) Violation of No Contact/Supportive or Protective Measures:
k) Attempts, defined as:
Protected activity under this policy includes reporting an incident that may implicate this Policy, participating in the Grievance Process, supporting a Complainant or Respondent, assisting in providing information relevant to an investigation, and/or acting in good faith to oppose conduct that constitutes a violation of this Policy.
Acts of alleged Retaliation should be reported immediately to the Title IX Coordinator and will be promptly investigated. University of the Pacific is prepared to take appropriate steps to protect individuals who fear that they may be subjected to Retaliation.
It is prohibited for the university or any member of the Pacific community to take materially adverse action by intimidating, threatening, coercing, harassing, or discriminating against any individual for the purpose of interfering with any right or privilege secured by law or policy, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under this Policy and associated procedure.
Charges against an individual for code of conduct violations that do not involve sex discrimination or sexual harassment but arise out of the same facts or circumstances as a report or complaint of sex discrimination, or a report or complaint of sexual harassment, for the purpose of interfering with any right or privilege secured by Title IX, constitutes Retaliation.
The exercise of rights protected under the First Amendment/Leonard's Law does not constitute Retaliation.
Charging an individual with a code of conduct violation for making a materially false statement in bad faith in the course of a grievance proceeding under this policy and procedure does not constitute retaliation, provided that a determination regarding responsibility, alone, is not sufficient to conclude that any party has made a materially false statement in bad faith. Force, Coercion, Consent, and Incapacitation
As used in sections 1-4 of the offenses above, the following definitions and understandings apply:
Force: Force is the use of physical violence and/or physical imposition to gain sexual access. Force also includes threats, intimidation (implied threats), and coercion that is intended to overcome resistance or produce consent (e.g., "Have sex with me or I'll hit you," "Okay, don't hit me, I'll do what you want.").
Sexual activity that is forced is, by definition, non-consensual, but non-consensual sexual activity is not necessarily forced. Silence or the absence of resistance alone is not consent. Consent is not demonstrated by the absence of resistance. While resistance is not required or necessary, it is a clear demonstration of non-consent.
Coercion: Coercion is unreasonable pressure for sexual activity. Coercive conduct differs from seductive conduct based on factors such as the type and/or extent of the pressure used to obtain consent. When someone makes clear that they do not want to engage in certain sexual activity, that they want to stop, or that they do not want to go past a certain point of sexual interaction, continued pressure beyond that point can be coercive.
Consent is: Affirmative, conscious, and voluntary agreement to engage in sexual activity. It is the responsibility of each person involved in the sexual activity to ensure that they have the affirmative Consent of the other or others to engage in the sexual activity. Lack of protest or resistance does not mean Consent, nor does silence mean Consent. Affirmative Consent must be ongoing throughout sexual activity and can be revoked at any time. The existence of a dating relationship between the persons involved, or the fact of past sexual relations between them, should never by itself be assumed to be an indicator of consent. The person must act freely and voluntarily and have knowledge of the nature of the act or transaction involved.
A current or previous dating or marital relationship shall not be sufficient to constitute consent. Evidence that the victim suggested, requested, or otherwise communicated to the Respondent that the Respondent use a condom, other birth control or protective/prophylactic device, without additional evidence of Consent, is not sufficient to constitute Consent. Consent to one form of sexual activity cannot imply Consent to other forms of sexual activity. Consent cannot be obtained by the use of physical force, threats, intimidating behavior or coercion (e.g. unreasonable pressure for sexual activity). Consent cannot be given by a person known under the legal age of consent or by someone, or who should have been known, to be mentally or physically incapable of providing consent (by alcohol or other drug use, unconsciousness, blackout, sleep, shock disability, age [i.e. under 18 years old] or for any other reason). The use of alcohol or drugs will not function as an excuse for behavior that violates this Policy.
Incapacitation: A person cannot Consent if they are unable to understand what is happening or is disoriented, helpless, asleep, or unconscious, for any reason, including by alcohol or other drugs. As stated above, a Respondent violates this policy if they engage in sexual activity with someone who is incapable of giving Consent.
It is a defense to a Sexual Assault policy violation that the Respondent neither knew nor should have known the Complainant to be physically or mentally incapacitated. "Should have known" is an objective, reasonable person standard that assumes that a reasonable person is both sober and exercising sound judgment.
Incapacitation occurs when someone cannot make rational, reasonable decisions because they lack the capacity to give knowing/informed Consent (e.g., to understand the "who, what, when, where, why, or how" of their sexual interaction).
Incapacitation is determined through consideration of all relevant indicators of an individual's state and is not synonymous with intoxication, impairment, blackout, and/or being drunk.
This Policy also covers a person whose incapacity results from a temporary or permanent physical or mental health condition, involuntary physical restraint, and/or the consumption of incapacitating drugs.
University of the Pacific Staff (including student staff members) and Faculty are Responsible Employees who are required to immediately report information about any incident of Sexual Misconduct to the Title IX Coordinator or a Deputy Title IX Coordinator, unless the employee is required by law to keep information confidential (e.g. psychological counselor, Student Victim Advocate, Student Health Services, University Chaplain working within the scope of their licensure or ordination, University Ombuds as outlined in their charter, etc.). Mandated Reporters are required to report known or suspected instances of child abuse involving a minor.
In order to make informed choices, it is important to be aware of confidentiality and mandatory reporting requirements when consulting campus resources. On campus, some resources may maintain confidentiality and are not required to report actual or suspected discrimination or harassment. They may offer options and resources without any obligation to inform an outside agency or campus official unless a Complainant has requested the information be shared.
If a Complainant expects formal action in response to their allegations, reporting to any Responsible Employee can connect them with resources to report crimes and/or policy violations, and these employees will immediately pass reports to the Title IX Coordinator (and/or police, if desired by the Complainant), who will take action when an incident is reported to them.
The following sections describe the reporting options at the university for a Complainant or third-party (including parents/guardians when appropriate):
Confidential ResourcesIf a Complainant would like the details of an incident to be kept confidential, the Complainant may speak with:
Individuals with Disabilities
If you are a student with a disability who requires accommodations, please contact the Office of Services for Students with Disabilities located in the McCaffrey Center, Room 137. Phone: 209.946.3221. Email: firstname.lastname@example.org. Online: www.pacific.edu/disabilities.
If you are an employee or applicant on the Stockton Campus, please contact Cari Keller, Associate Director Human Resources at email@example.com or 209.946.2126.
If you are an employee or applicant on the Sacramento Campus, please contact Cari Keller, Associate Director Human Resources at firstname.lastname@example.org or 209.946.2126.
If you are an employee or applicant on the San Francisco Campus, please contact Kara Bell, Assistant Dean, Human Resources & Support Operations/Campus Director at email@example.com or 415.929.6454.
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Athletics Staff/Student-Athlete Amorous Relationships Policy
Relationships Affecting Supervisory Functions, Teaching, and Mentoring