University of the Pacific seeks to promote an environment that is free of Sexual Misconduct1, Gender-Based Discrimination and Retaliation. Sexual Misconduct includes Sexual Harassment, Sexual Assault, Stalking, Sexual Exploitation, RelationshipViolence, and Gender-Based Harassment, terms that are defined in Addendum A of this Policy. Throughout this Policy, this prohibited conduct will be referred to generally as “Misconduct.” The University seeks to educate students, faculty and staff about the issue of Misconduct and to provide a clear path to resolution and correction of prohibited Misconduct. The University reserves the right to respond with whatever measures it deems appropriate to prevent Misconduct and preserve the safety and wellbeing of the University community.
The University is committed to compliance with Title IX of the Education Amendments of 1972, the Violence Against Women Act Amendment to the Act, and state and federal sexual discrimination laws and regulations. Title IX states,
“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 educational program or activity receiving federal financial assistance.”
University of the Pacific prohibits Misconduct in any form.
1 Terms with initial capital letters denote defined terms in Addendum A - Definitions
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The purpose of this Policy is to:
• Affirm the University’s commitment to preventing Misconduct• Affirm the University’s commitment to provide educational and preventative training regarding Misconduct• Identify resources and support for victims of Misconduct• Establish fair and equitable procedures for filing and handling complaints of Misconduct• Define Misconduct that includes Sexual Violence, Stalking, Relationship Violence, Gender-Based Harassment, Discrimination, and Retaliation• Assure that members of the University community respond appropriately when incidents occur Back To Top
• Affirm the University’s commitment to preventing Misconduct• Affirm the University’s commitment to provide educational and preventative training regarding Misconduct• Identify resources and support for victims of Misconduct• Establish fair and equitable procedures for filing and handling complaints of Misconduct• Define Misconduct that includes Sexual Violence, Stalking, Relationship Violence, Gender-Based Harassment, Discrimination, and Retaliation• Assure that members of the University community respond appropriately when incidents occur
This Policy applies to all University 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 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 and it has a substantial interest. 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 University community. University community members may be heldaccountable for the conduct of their guests.
The University provides comprehensive 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.
The list of prohibited Misconduct under this policy includes, but is not limited to, the following:
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“Consent” means 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 he or she has 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.
Additional definitions may be found in Addendum A.
If you or someone you know has experienced Misconduct, and are in immediate danger, or if you think there could be an ongoing threat to the University community, please call 911, public safety or use an emergency blue phone and get to a safe place.
A victim of Sexual Assault or Sexual Violence should seek immediate medical attention including a medical exam to check for injuries and gather evidence.
1. Immediate medical treatment:
2*Denotes confidential resource3**Denotes medical facility that performs sexual assault examinations
In order to preserve evidence, leave the scene undisturbed, and allow law enforcement to collect evidence.
If law enforcement is delayed or victims chose not to report immediately, they should collect bedding or clothing and store items in paper bags, and collect a prophylactic device of any type in a paper bag. All potential evidence should be placed in separate paper bags to prevent cross contamination of evidence. If possible, use gloves to collect the evidence and place gloves in a paper bag once finished. If possible, the victim should not bathe, urinate, douche, brush their teeth, drink liquids or change clothing before seeking medical attention.
Persons (Students, Faculty or Staff) who believe they are victims of Misconduct may file a complaint or seek assistance with any of the following resources. If a Complainant or victim seeks a confidential resource, they should speak with one of the confidential resources listed below, including Pacific’s Student Victim Advocate, Pacific’s Counseling and Psychological Services, Pacific Health Services, and other city specific resources. Victims may choose where to report incidents of Misconduct. However, it is important to understand that off-campus reports (e.g. off-campus police and hospitals) may not be shared with the University and do not constitute notice to the University.
In addition, University Staff (including student staff members) and Faculty are Responsible Employees who are required to immediately report information about any incident of 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, etc.). Mandated Reporters are required to report known or suspected instances of child abuse involving a minor.
Inquiries concerning this Policy and Title IX compliance should be referred to University of the Pacific’s Title IX Coordinator or a Deputy Title IX Coordinator.
University Title IX Coordinator
Title IX Coordinator
209.946.7770 or 1.888.383.2765 (toll-free)
Deputy Title IX Coordinator
Heather Dunn Carlton
Director, Student Conduct and Community Standards
Associate Athletic Director
Assistant Dean, Director, Human Resources & Support Operations
Assistant Dean, Administration & Resource Management
Director, Human Resources
Faculty Deputy Title IX Coordinator
Any person participating in the educational activities or programs of the University wishing to file a Complaint of Misconduct must follow the procedures set forth in this policy.
The procedures outlined here for review of allegations of Misconduct are separate from any criminal process or investigation. Because the requirements and standards for finding a violation of criminal law are different from the standards for finding a violation of this Policy, criminal investigations, reports or verdicts may be different from outcomes under this Policy. The University may share information and coordinate investigation efforts with law enforcement when necessary or appropriate.
All Complaints will be reviewed to determine whether the Complaint involves a Policy violation and whether an investigation is appropriate under the circumstances. This review will be performed by the Title IX Coordinator, in consultation with Student Conduct, Human Resources and/or the Provost’s office as appropriate, depending upon the persons implicated by the Complaint. Even if an investigation is not undertaken, the University may engage in protective measures or corrective action.
The University will ensure that Complainants and Respondents receive equitable information, support and protections throughout the Complaint Review Process. Both the Complainant and Respondent have the following rights:
• To be treated with sensitivity and respect during the entire Complaint Review Process• To receive timely and detailed information on options for Complaint resolution • To have an Advisor and a Process Guide (if requested) throughout the Complaint Review Process and any appeal process• To have a prompt and thorough investigation of any Complaint• The right to decline to participate in the Complaint Review Process, with the understanding that, based upon the nature of the Complaint, the process may proceed without an individual’s participation• To a Complaint Review Process that provides reasonable time for all parties to prepare and respond to a Complaint• To challenge panel member(s) who present a potential conflict of interest• To receive prompt notification in writing of the Review Panel’s finding, and appeal findings• To an appeal according to the standards established in this Policy• To understand that all records associated with the Complaint Review Process may be obtained for use in civil and/or criminal proceedings by search warrant or subpoena
Office of Student Conduct
Dean or Designee
The Complainant or Respondent may decline to participate in the Complaint Review Process. The University may proceed with the Complaint Review Process based upon the nature of the Complaint and available information. Non-participation by a party to thecomplaint may not be used as a basis for appeal process.
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University of the Pacific encourages reporting of Misconduct. The University will ensure that an individual who participates as a Complainant or witness in an investigation of Misconduct will receive amnesty and will not be subject to disciplinary sanctions for a violation of the University’s student conduct policies regarding drug and/or alcohol use at or near the time of the incident, unless the University determines that the violation was egregious. Egregious violations include acts that place the health or safety of any other person at risk. The University reserves the right to require individuals to participate in health and safety assessments or educational programs.
Information related to the Complaint Review Process will be shared only with those individuals on campus with a demonstrated need to know. Confidential campus resources include the Student Victim Advocate, psychological therapists, health services staff providing medical care, and attorneys in a client relationship. All other University Faculty and Staff are Responsible Employees, and therefore cannot serve as confidential resources.
An individual who asks the University to pursue an alleged violation of this Policy may request that the University not disclose certain information to the Respondent or other individuals who may be involved in the matter. While the University will take all reasonable steps to investigate and respond to the Complaint to the extent possible, while honoring the Complainant’s request, a formal review hearing will not be possible without the disclosure of the Complainant’s identity. During a formal review hearing, the Complainant’s name will be disclosed to the Respondent. The names of the Complainant and Respondent will also be provided to the Review Panel, unless there is a compelling reason not to share this information. Individuals requesting that their name not be disclosed must submit a request in writing to the Title IX Coordinator within three (3) Business Days of receiving Notice that their case will be referred to a review hearing. The University may not be able to honor a Complainant’s request for confidentiality, if doing so would potentially compromise the safety or wellbeing of the campus community.
• Change in campus housing and/or dining locations• Paid or unpaid leave of absence (Staff and Faculty)• Academic or workplace accommodations• No contact directive or campus ban• Alternate work scheduling• Escorts• Removal from University housing• Other accommodations as may be necessary given the circumstancesBack To Top
Upon receipt of a Complaint, if it is determined that there will be a formal investigation, the Complainant and Respondent will be provided with written information regarding the Complaint Review Process. This will include a link to the policies and procedures related to the Complaint Review Process, resources available both on and off campus, and information on interim protective measures that may be available. The primary method for Notice and communication under this Policy will be University email. All persons involved in the Complaint Review Process have an obligation to promptly read all University emails.
Complainants and Respondents will simultaneously receive Notice of:
• The Complaint, including alleged policy violations and the process for review and investigation of the Complaint• The option for Informal Resolution • The decision by a Respondent to accept responsibility for any Policy violations• The opportunity to review the investigation report and all documents/evidence gathered during the investigation (subject to Family Educational Rights and Privacy Act (FERPA) limitations)• The date, time, and location of the review hearing• The Review Panel members, the process to challenge members, and any conflict of interest challenges• The Review Panel finding and reason for each finding• The sanction decision• The process for appealing either the finding or recommended sanction(s)• The filing of any appeal• The outcome of any appeal
The Complainant and Respondent will each receive the above information unless one or both request in writing not to receive further information.
The University may modify these notification standards to accommodate a criminal investigation.
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The Complainant and Respondent may choose anyone (including legal counsel or a union representative) to voluntarily serve as an Advisor of their choice. The Complainant and Respondent may be accompanied to any meeting or hearing by their Advisor. The Advisor may support and advise the Complainant or Respondent; however, the Advisor may not speak on behalf of the Complainant or Respondent or otherwise engage with the investigators, Review Panel members, witnesses, or other individuals associated with the Complaint Review Process.
Upon request, the University will also assign a University-trained Process Guide to each Complainant and Respondent. The Process Guide will not be involved in the current investigation. The Process Guide will explain the steps involved in the Misconduct Complaint Review Process and be available to answer questions regarding the process. The Process Guide may serve as the Advisor to the Complainant or Respondent; however, the Process Guide may not speak on behalf of the Complainant or Respondent or otherwise engage with the investigators, Review Panel members, or witnesses.
The Complainant and Respondent must notify the Title IX Coordinator at least three business days prior to the hearing date if they wish to bring an Advisor or Process Guide to a Review Panel Hearing. The notification must include the name of the Advisor and/or Process Guide.
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The investigation and review hearing will generally be completed within sixty (60) days following receipt of the Complaint. However, this time period may be extended by the Title IX Coordinator in consultation with University counsel for good cause given the circumstances of the Complaint, investigation and/or Review Panel hearing process.
The investigation will include some or all of the following steps:
4Complaints involving a Faculty Respondent will follow the hearing procedures described in Section 7.12.10-7.12.20 of the University’s Faculty Handbook.
1. Investigation Report
The investigation team will prepare a report summarizing the information gathered. The report may include a description of the alleged incident, factual agreements and disputes, and supporting information. The investigation team will review all of the facts and determine the relevance of information necessary and appropriate for determining if this Policy was violated. The investigation team will come to one of two conclusions, by applying the preponderance of the evidence standard: (a) a Policy violation has occurred; or (b) there is insufficient evidence to conclude that Policy violation has occurred.
2. Finding of No Policy Violation
If the investigation team determines there is insufficient evidence to find a violation of this Policy, the Complaint will be referred back to the Title IX Coordinator to determine future handling. This determination will be made by the Title IX Coordinator, in consultation with Student Conduct, Human Resources and/or the Provost’s office as appropriate depending upon the persons implicated by the Complaint.
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If the informal resolution or mediation process is inappropriate or unsuccessful, and the University or one of the parties requests a hearing, the University will convene a 3-person Review Panel to conduct a review hearing. The Review Panel will consider all information presented, including the investigation report, and determine whether to affirm the investigation findings applying the preponderance of the evidence standard. The Review Panel will also make sanction recommendations when a finding of a policy violation is made.
The Review Panel, appointed by the Title IX Coordinator or his/her designee, will be composed of three persons. Review Panel members may be trained Faculty, Students, or Staff. The Title IX Coordinator in consultation with the Review Panel will designate one of the three members to serve as the review hearing chair. Review Panel members may be from any of University's three campuses. In some cases, the University may include in the panel retired judges, attorneys, or other individuals from outside the University with relevant and/or specialized training or expertise. Pre-hearing training of Review Panel members will include the hearing process as well as specialized training for the unique issues related to cases of Misconduct.
The Complainant and Respondent will be provided with the names of the Review Panel members in advance of the hearing process. The Complainant and Respondent may each request in writing, at least three business days prior to the hearing, that panel members be excused for good cause (e.g. conflict of interest, prior knowledge of the case). The reason provided will be evaluated by the Title IX Coordinator in consultation with Student Conduct, Human Resources, and/or the Provost, as appropriate. Following consultation, the Title IX Coordinator will make a decision regarding any challenges and provide Notice of the decision to both the Complainant and Respondent. If excused, a replacement will be selected.
1. Written Statements and Witnesses
The Complainant and Respondent may provide a written response to the investigation report, as well as any additional information relevant to the case, to the Review Panel. Both the Complainant and Respondent will have the opportunity to review all materials submitted to the Review Panel (subject to FERPA limitations). The Complainant and Respondent may bring witnesses to the facts to the hearing. Title IX Coordinator must be notified of the witnesses’ names and their relevance to the case identified, at least three business days before the hearing. Should the Title IX Coordinator determine that the witness(s) have no direct relevance to the facts of the case, the witnesses may be disallowed.
2. Hearing Procedures
Generally, the Complainant and Respondent will have at least five (5) Business Days’ advance Notice of the scheduled hearing. The Notice period may be shortened or extended in emergency circumstances or with agreement of all parties and subject to holiday and no school periods.
Hearings are closed proceeding. Participants who may be present during the hearing include:
• Review Panel Members• Complainant (with Advisor and/or Process Guide only when Respondent not present)• Respondent (with Advisor and/or Process Guide only when Complainant not present)• Witnesses (only when called by Review Panel)• Members of Investigation Team (only when called by Review Panel)• The Title IX Coordinator may be present to observe and/or answer policy-related or hearing process questions from the Review Panel• In some cases, the University may provide subject matter experts to the Review Panel. The experts will not speak to individual cases. Their role is to provide expert information in response to queries from the Review Panel.
The review hearing will generally proceed in the following order (note that the Complainant and Respondent may not be in the same room at the same time):
• Complainant Statement• Questions to the Complainant by the Review Panel• Questions to the Complainant from the Respondent• Respondent Statement• Questions to the Respondent by the Review Panel• Questions to the Respondent from the Complainant• Witness statements and questioning by the Review Panel• Questions to the Investigation Team by the Review Panel• Final questions to the Complainant and/or Respondent by the Review Panel• Closing statement by the Complainant• Closing statement by the Respondent• Closed deliberations by the Review Panel
Only the Review Panel may ask questions of the Complainant, Respondent, and witnesses. The Complainant and Respondent may submit questions to the Review Panel in writing. The Review Panel has the discretion to revise or decline to ask any or all questions submitted. If questions are revised or declined, the Review Panel will document the reasoning in writing at the time of the hearing.
The Review Panel may, at its discretion, alter the order of proceedings and establish reasonable limits on time allotted for any portion of the hearing process. The Review Panel may determine the relevance of, restrict or exclude any witnesses or information presented.
In the event that the Complainant or Respondent is unable to attend the review hearing, alternative means for participation will be identified.
Typically, the Complainant and Respondent are not in the hearing room at the same time, although this may be waived if both parties agree. The Complainant and Respondent, along with their Advisors, when not before the Review Panel, will be able to listen to the proceedings via speaker-phone or other appropriate means (e.g., closed circuit TV, live streaming).
3. Hearing Recording
The University will make an audio recording of the hearing for use, if necessary, by the Review Panel, Appeal Committee, and University administrators. It will be the sole recording permitted. The Complainant and Respondent may request to review the hearing recording; however, no duplication or copy of the recording will be provided. Complainant, Respondent, Advisors and Witnesses are not permitted to record the proceedings.
4. Standard of Proof
The standard of proof used by the Review Panel is “preponderance of the evidence.” The Review Panel will use this standard to determine whether the Respondent(s) violated this Policy. A preponderance of the evidence requires that the Review Panel members determine, based upon the evidence available to them at the time of the hearing, that the Respondent is more likely than notto have violated this Policy.
5. Majority Vote
A Policy violation finding will be based upon a majority vote of the Review Panel.
If the Review Panel finds the Respondent responsible for a policy violation, the Review Panel will recommend a sanction or sanctionsby a majority vote. In considering an appropriate sanction, the Review Panel shall consider all the evidence presented during the hearing and the following:
• Impact statements provided by the Complainant and Respondent to the Review Panel. Impact statements should not be part of the process of determining a Policy violation.• What is reasonable, appropriate, and fair given the facts of the case and the determination of responsibility, including but not limited to: o What were the specific acts involved? (e.g. touching over the clothes, penetration, etc.)o What factors contributed to the absence of Consent? (e.g. coercion, force, incapacitation)o What motivated the Respondent’s behavior? (negligence, intentional, reckless, biased)o What is the impact on the Complainant?o What is the impact on others?o What is the Respondent’s disciplinary history with regard to Misconduct?o Is the proposed sanction consistent with sanctions imposed for similar offenses at the University?o Are there aggravating or mitigating circumstances?
• Impact statements provided by the Complainant and Respondent to the Review Panel. Impact statements should not be part of the process of determining a Policy violation.
• What is reasonable, appropriate, and fair given the facts of the case and the determination of responsibility, including but not limited to:
o What were the specific acts involved? (e.g. touching over the clothes, penetration, etc.)o What factors contributed to the absence of Consent? (e.g. coercion, force, incapacitation)o What motivated the Respondent’s behavior? (negligence, intentional, reckless, biased)o What is the impact on the Complainant?o What is the impact on others?o What is the Respondent’s disciplinary history with regard to Misconduct?o Is the proposed sanction consistent with sanctions imposed for similar offenses at the University?o Are there aggravating or mitigating circumstances?
Sanctions the Review Panel may recommend include but are not limited to the following:
• Disciplinary Warning• Disciplinary Probation• Educational, interventional or restorative requirements• Restricted Access to University facilities, organizations or events• Imposition or continuation of a “no contact” order• Loss of student housing privileges• Employment Discipline• Suspension, reduction, or loss of compensation• Demotion (employment)• Termination of employment, contract, appointment and/or tenure.• Suspension from educational program or campus access• Delayed awarding of a degree if enrolled in Pacific degree program• Dismissal (expulsion)• Revocation of a degree
The recommendation will generally be issued within three (3) Business Days of the conclusion of the review hearing. The Review Panel will include an explanation of the reasoning for its recommendation and the basis for its recommended sanction(s). The Review Panel will submit its recommendation to the Title IX Coordinator. The Title IX Coordinator will consult with the appropriate person (Dean of Students, Provost or Human Resources) to make a final sanction decision supported by appropriate rationale. The final decision will generally be issued within five (5) business days of the consultation.
Where a sanction is recommended against a union employee, the employee will have all rights provided by the applicable collective bargaining agreement to appeal discipline under the union procedures prior to imposition of a sanction.
Both the Respondent and Complainant may request an appeal of the decision of the Review Panel and/or the sanctions imposed. An appeal must be based on one or more of the following reasons:
• Material deviation from the hearing procedures, resulting in significant prejudice• New relevant evidence that could affect the outcome is available. It must be evidence that could not be produced at the time of the hearing despite reasonable diligence.• The sanction is disproportionate to the offense
Disagreement with the findings or recommended sanction, in and of itself, is insufficient grounds for appeal. Non-participation by a party to the complaint may not be used as a basis for appeal.
The Complainant or Respondent must submit a written appeal request within five (5) Business Days of Notice of the Review Panel decision and/or sanction(s). The Appeal should include information or documentation that supports the bases on which the Appeal is made. The appeal shall be submitted to the Title IX Coordinator. If either the Complainant or Respondent submits an appeal based on the reasons provided above, the University will notify the other party of the appeal and provide an opportunity to review the appeal. The non-appealing party may submit a written response within three (3) business days of receiving Notice of the appeal.
1. Initial Review
The Title IX Coordinator will perform an initial review of any appeal to determine whether the party states an appropriate basis for appeal. If not, the appeal will be dismissed by the Title IX Coordinator. This review will be performed in consultation with Student Conduct, Human Resources, and/or the Provost’s office, as appropriate depending upon the persons implicated by the Complaint.
2. Appeal Committee
Sanction consideration and/or implementation will be conducted by the Title IX Coordinator in conjunction with the following:
The recommended sanction shall be imposed unless a compelling reason exists for adopting an alternate sanction.
The University may modify the deadlines and procedures associated with the Complaint Review Process and/or appeal process as necessary for good cause and will communicate this information in a timely manner to both the Complainant and Respondent.
The Title IX Coordinator has the authority to update this Policy to reflect new contact information or personnel changes as necessary.
As used in this Policy, the following terms have the meaning indicated:
"Advisor" is any person chosen by either the Complainant or Respondent to provide support or assistance during the Complaint Review Process including legal counsel or a union representative. The Complainant or Respondent may not compel a person to serve as their Advisor. A witness may not also serve as the Advisor.
“Appeal Committee” is the three person panel of trained individuals from the University community who have the responsibility of considering an appeal of the Review Panel’s determination and recommended sanction(s).
“Business Day” includes Monday through Friday, when the University is open for business.
"Complainant” means the person (including, in certain circumstances, the University) filing a report or Complaint of Misconduct.
"Complaint" means filing a charge of Misconduct with an appropriate person.
"Complaint Review Process” means the University’s process for investigating and/or resolving alleged Complaints and determining whether this Policy has been violated. The Complaint Review Process may include some or all of the following: investigation, witness interviews, gathering evidence, making a preliminary decision, a Review Panel hearing and the issuance of a finding and recommended sanctions.
“Consensual Relationships” are romantic relationships that may occur between various members of the University’s community. Some consensual relationships have the potential to evolve into 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 the relationship.
"Consent" means 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 he or she has 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 a 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 or other birth control or protective/prophylactic device, without additional evidence of consent, is not sufficient to constitute consent.7 Consent to one form of sexual activity cannot imply Consent to other forms of sexual activity. Consent cannot be procured by the use of physical force, threats, intimidating behavior or coercion (unreasonable pressure for sexual activity). Consent cannot be given by a person known, or who should have been known, to be mentally or physically incapacitated (by alcohol or other drug use, unconsciousness, blackout, sleep, shock or for any other reason). The use of alcohol or drugs will not function as an excuse for behavior that violates this Policy.
"Discrimination" refers to less favorable treatment because of a person's membership in a class or status protected by law. Protected classes include but are not limited to race, gender, Gender Identity or expression, sexual orientation, national origin, ancestry, color, religion, religious creed, age, marital status, medical condition, genetic information, disability, citizenship status, military service status, veteran status, pregnancy, age, physical or mental disability, or any other status prohibited by law.
"Faculty" means the president, provost, associate provosts, deans of the schools and colleges; professors, associate professors, assistant professors, instructors, lecturers, adjunct professors, volunteer professors, clinical professors, and part-time professors, visiting professors, and scholars (writers, composers, artists, executives, and the like)-in-residence, teaching assistants in their teaching capacity, and others who are recognized under the University's bylaws or policies or both as members of the University Faculty.
"FERPA" is the Family Educational Rights and Privacy Act which protects the privacy of student education records. The University will comply with FERPA throughout the processes outlined in this Policy.
Identity” refers to a person’s innate, deeply felt psychological identification
as male or female, which may or may not correspond to the person’s body or
designated sex at birth.
"Gender Expression" refers to all of the external characteristics and behaviors that are socially defined as either masculine or feminine, such as dress, grooming, mannerisms, speech patterns and social interactions. Social or cultural norms can vary widely.
Gender-Based Harassment" is a form of Gender-Based Discrimination and means acts of verbal, nonverbal, or physical aggression, Intimidation, or hostility based on gender, Gender Expression/identity, sex or sex-stereotyping, including sexual-orientation even if those acts do not involve conduct of a sexual nature. Gender-Based Harassment includes sexual harassment and means unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature including Sexual Violence. Hostile environment harassment consists of verbal, physical or visual conduct based on sex, gender or is sexual in nature, which is sufficiently severe, persistent, or pervasive, and which occurs without Consent. A single, severe incident, such as a Sexual Assault, Stalking or Relationship Violence could create a hostile environment. However, a hostile environment is often created by a series of incidents. Quid pro quo harassment means "this for that." An example of this form of harassment occurs if a member of the Faculty (or Staff member) stipulates that one's grade or performance rating (or participation on a team, in a play, etc.) will be based on whether one submits to sexual conduct. Whether one refuses a sexual demand or submits to it is not relevant; the conduct violates this Policy. Gender-Based Harassment creates an intimidating hostile or offensive working or academic environment or unduly interferes with an individual's work or academic performance. For purposes of this Policy, undue interference is defined as improper, unreasonable or unjustifiable behavior going beyond what is appropriate, warranted or natural.
"Gender-Based Discrimination" means giving preferential treatment to one gender to the disadvantage of another. It may occur also when policies or practices are facially neutral, but have a disproportionately adverse impact on a particular gender when applied.
"Harassment" includes sexual harassment, Gender-Based Harassment, and Sexual Violence.
"Intimidation" means to make fearful, to compel or deter by threats, to force into or coerce.
"Mandated Reporters" under this Policy are individuals required to immediately report suspected or known child abuse of a minor. Examples of Mandated Reporters include but are not limited to Staff from the Division of Student Life, Faculty, and other academic staff who teach courses in which minors are enrolled, including summer programs, Athletics Department employees, and Residential Advisors.
"Misconduct" refers to prohibited conduct including but not limited to Sexual Misconduct, Gender-Based Discrimination, Retaliation, Sexual Assault, Stalking, Relationship Violence, Sexual Exploitation, and Gender-Based Harassment.
"Notice" refers to information given directly to a person. An individual is deemed to have been given Notice when one actually hears it or reads it. For purposes of this Policy, the primary method for Notice and communication will be University email. All persons involved in the Complaint Review Process have an obligation to promptly read all University emails.
"Penetration" involves any penetration of the mouth, sex organs or anus, however slight, with an object or any part of the body. This includes contact between the penis and the vulva; contact between the mouth/tongue and the penis, vulva, or anus; or physical insertion of a hand, finger, or other object into the mouth, anal or genital opening of another person; and specifically includes cunnilingus, fellatio, vaginal intercourse, and anal intercourse.
"Process Guide" means a volunteer University Faculty or Staff member trained in the Complaint Review Process who may be assigned to the Complainant, Respondent, Review Panel or Appeal Committee to assist as a neutral source to answer questions about the process.
"Relationship Violence" is the University's term that includes dating and domestic violence. Relationship violence refers to controlling, abusive and/or aggressive behavior in a social or romantic relationship, including marriage or co-habitating couples. Examples include name calling, verbal, emotional, economic, physical and/or sexual abuse, actual or threatened physical harm, Sexual Assault, Stalking, and Intimidation.
"Respondent" means the person who is alleged to have engaged in Misconduct as set forth in the report or Complaint.
"Responsible Employee" is an employee who knows, or in the exercise of reasonable care should have known that Misconduct has occurred. Responsible employees have the obligation to report incidents of Misconduct to the Title IX Coordinator or her/his designee. Except University confidential resources, all employees at the University are Responsible Employees.
"Retaliation" direct or indirect Intimidation, threats, coercion, harassment, discrimination or other negative behavior in response to a person's concern, Complaint or participation in an investigation of Misconduct. This includes any employment, educational or personal action.
"Review Panel" is the three person panel of trained individuals from the University community who have the responsibility of determining whether the Respondent violated this Policy and, if so, recommending a sanction(s).
"Sex" refers to the biological and physiological characteristics that define males and females.
"Sexual Assault" includes, but is not limited to, sexual intercourse or any other sexual Penetration (oral, anal, or vaginal) with a body part or other object without Consent, touching an intimate part of another person without Consent, rape, forced sodomy, forced oral copulation, or the threat of any of these. Sexual Assault may also include any intentional contact, however slight, with any body part or object without Consent.
"Sexual Exploitation" means taking sexual advantage of another person without his or her Consent. Sexual advantage includes, without limitation, causing or attempting to cause the incapacitation of another person in order to gain a sexual advantage of that person; non-consensual recording and/or transmission of sexual activity or intimate body parts with pictures, video or audio recording; allowing third parties to observe private sexual acts; knowingly transmitting a sexually transmitted infection to another; exposure of intimate body parts in non-consensual circumstances or inducing others to do so; engaging in voyeurism; making, viewing or transmitting child pornography; trafficking, and/or pimping another.
"Sexual Violence" means a physical sexual act perpetrated against a person's will or where a person is incapable of giving Consent for any reason including but not limited to sleep, unconsciousness, use of drugs or alcohol, intellectual or other disability or emotional instability/capacity. A number of different acts fall into the category of sexual violence, including but not limited to rape, Sexual Assault, Sexual Battery, and sexual coercion.
"Staff Member" or "Staff" means a salaried or hourly person employed by the University, including applicants.
"Stalking" refers to a pattern of unwanted attention by an individual or group toward another person. Behavior may be related to Harassment and Intimidation, communicating a threat or placing a person in fear. Examples can include but are not limited to showing up at one's home or place of work uninvited, sending unwanted text messages, letters, emails or voicemails, leaving unwanted items or gifts, making unwanted phone calls.
"Student" refers to any applied, accepted, matriculated, currently or continuously enrolled, or returning student. A returning student is one who previously attended the University and is in the process of returning after being absent one or more semesters.
"University" refers to University of the Pacific.
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