Sexual Misconduct and Gender-Based Harassment Policies
Table of Contents
This page contains the following content:
What is Title IX?
Institutional Compliance with Title IX
When Should I Contact a Title IX Coordinator?
Types of Sexual Assault
Title IX Investigation Procedures
Pertinent Federal Legislation
What is Title IX?
“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 education program or activity receiving Federal financial assistance.” (20 U.S.C. Sec. 1691)
Title IX of the Education Amendments of 1972 is a federal law that prohibits sex discrimination on the basis of sex in federally funded education programs and activities, including but not limited to athletic programs that receive federal funding. Under Title IX, discrimination on the basis of sex can include sexual harassment, sexual assault and sexual violence.
Institutional Complicance With Title IX
It is Bushnell University’s policy to provide an educational environment free of all forms of sex discrimination, including but not limited to unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct or communications constituting sexual harassment, as defined in
this policy and as otherwise prohibited by state and federal statutes. Sexual harassment, including acts of sexual assault and sexual violence, is a form of sex discrimination and is prohibited at NCU. This prohibition against discrimination on the basis of sex applies to all students, faculty and staff, to other members of the Bushnell University community, and to contractors, consultants, and vendors doing business or providing services to the school.
In accordance with Title IX, the president of Bushnell University has designated the following Title IX Coordinator(s) the primary contacts responsible for implementing and monitoring NCU’s compliance with Title IX:
Jocelyn Hubbs, Director of Financial Aid & Retention Services, Title IX Coordinator
Greg Brock, Dean of Students & Director of Residence Life, Deputy Coordinator
Chad Meadors, Assistant Athletics Director & Women’s Basketball Coach, Deputy Coordinator
The Title IX Coordinator are responsible for the coordination of training, education, communications, and administration of the complaint and grievance procedures for the handling of suspected or alleged violations of Title IX.
When Should I Contact A Title IX Coordinator?
Any student, faculty or staff member who has concerns about sex discrimination, including but not limited to acts of sexual harassment, sexual assault or sexual violence, is encouraged to seek the assistance of one of the Title IX Coordinators identified above.
Contact a Title IX Coordinator if you:
Wish to understand your options if you think that you may have encountered sex
discrimination, sexual harassment, sexual assault, or sexual violence.
Learn of a situation that you feel may warrant an institutional investigation.
Need help on how to handle a situation in which you are indirectly affected.
Want information about possible informal remedies or administrative measures to deescalate or alleviate a difficult situation.
Have questions about NCU’s policies and procedures.
Title IX Coordinator(s):
Jocelyn Hubbs, Title IX Coordinator, firstname.lastname@example.org, 541-684-7291, office is located in the Morse Event Center Welcome Center
Greg Brock,Title IX Deputy Coordinator, email@example.com, 541-684-7252, office is located in the Goodrich Administration Building
Chad Meadors, Title IX Deputy Coordinator, firstname.lastname@example.org, 541-684-7201, office is located in the Morse Event Center Welcome Center
Office of Student Life – 541-684-7345
Security – 541-517-5197
Non-Emergency Eugene Police – 541-682-5111
Filing a Report
To initiate an investigation regarding a Title IX violation or sexual assault, please contact one of the reporting options above or submit an online report via the website or on My.Bushnell.
Conversations with all University employees that are related to Title IX are kept as private as possible, but information about incidents of suspected violations of Title IX are legally mandated be shared to the extent necessary to conduct an investigation and take any corrective action deemed appropriate by the University. The only two categories exempt from reporting a suspected violation of Title IX are counseling sessions that take place within a clinical counseling context and pastoral counseling sessions with the Campus Pastor in the Office of Student Life.
Confidential On-Campus Support
Counseling Center 541-349-7471
located on the first floor of the Education & Counseling Building
Pastoral Support via Office of Student Life 541-684-7345
located on the first floor of the Goodrich Administration Building
Sexual Assault Support Services (SASS) 24/7 Hotline (541-343-7277, 1-800-788-4727)
RAINN 24/7 Hotline (800-656-4673) Online Chat (online.rainn.org)
Lane County Victim’s Assistance Programs (541-682-4523)
Department of Human Services (541-686-7555)
Eugene City Victim’s Assistance Program (541-682-8432)
Consent is informed, freely and actively given, mutually understandable words or actions that indicate a willingness to participate in mutually agreed upon sexual activity. Consent obtained through the use of force (actual or implied, immediate or future) whether that force is physical force, threats, intimidation, or coercion, is invalid consent. The survivor of sexual aggression is not required to physically or otherwise resist a sexual aggressor. Silence, previous sexual relationships and/ or current relationship with the perpetrator may not be taken as an indication of consent. Use of alcohol/drugs by the perpetrator is not an excuse for violation of the sexual conduct policy. A person who is not of legal age, who is incapacitated/helpless by physical or mental illness, who is mentally or physically incapacitated as a result of drug or alcohol consumption, or who is unconscious or unaware, is incapable of giving consent. A person who knows, or reasonably should have known, that another is incapacitated by the use of drugs or alcohol, and engages in sexual activity with that person commits sexual assault or rape.
Types of Sexual Assualt
Non-forcible Sexual Offenses
There are two types of non-forcible sexual offenses: statutory rape and incest.
Statutory rape: Non-forcible sexual intercourse with a person who is under the statutory age of consent. The statutory age of consent in the State of Oregon is 18 years old.
Incest: Non-forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
Forcible Sexual Offenses
There are two types of forcible sexual offenses: sexual assault and rape. Furthermore, there are two degrees of sexual assault.
First degree sexual assault: This includes, but is not limited to, physical and/or verbal abuse, threat of violence, actual non-consensual or forcible oral intercourse, or attempted vaginal intercourse by a person(s) known or unknown.
Second degree sexual assault: This includes, but is not limited to, forced sodomy (anal intercourse), forced oral copulation (oral-genital contact), rape by a foreign object (including a finger), sexual battery (the unwanted touching of another person for the purpose of sexual arousal) and/or any unwanted fondling, kissing or groping.
The preceding also includes situations where the survivor is unable to resist due to alcohol or drugs, whether or not the substances were administered by the accused.
Rape: An act of violence, aggression, intimidation and power defined as:
Sexual intercourse against the will of the survivor accomplished by force, perception of force, intimidation, threats or coercion where the complainant fears bodily harm if he or she does not submit.
Vaginal intercourse against the survivor’s will, by person(s) known or unknown, without consent, when the survivor’s will is overcome by fear, force or intimidation that result from the threat of force, from drugs or alcohol administered without consent or when the survivor
is being physically unable to communicate consent.
Title IX Investigation Procedures
The University will provide the complainant and respondent with charge letters of alleged violations. The charge letter will set forth the allegations constituting a potential violation and include sufficient detail so that a party may prepare a response before any initial interview. Sufficient detail includes the identities of the parties involved, the specific policy allegedly violated, a description of the conduct allegedly constituting the potential violation, and the date and location of the alleged incident.
An adequate, reliable, and impartial investigation will take place. A person free of actual or reasonably perceived conflicts of interest and biases for or against any party will lead the
Any rights or opportunities that the University makes available to one party during the investigation will be made available to the other party on substantially equal terms.
The investigation will include the opportunity for parties to present witness statements and other evidence to an investigator.
The University will provide a party with sufficient time to prepare for any interview or meeting to allow for meaningful participation.
The University will notify the complainant and respondent of the availability of interim measures to protect students during the investigation and during the conduct, including any appeals. The University will endeavor to avoid depriving any student of her or his education. The measures needed by each student may change over time, and the Title IX Coordinator will communicate with each student throughout the investigation to ensure that any interim measures are necessary and effective based on the students’ evolving needs.
The University will make a good faith effort to complete its investigation within 20 calendar days of the charge letter.
When the investigation is tentatively completed, a draft report will be prepared and provided to the complainant and respondent, who will have five calendar days to review and prepare questions and provide them to the investigator. The investigator will then schedule follow-up interviews with each party and others as appropriate.
Within seven calendar days after the last interview, the investigator will prepare a final report and provide it to parties. The investigation will result in a written report summarizing the relevant exculpatory and inculpatory evidence. The complainant and respondent will have timely and equal access to any information that will be used to determine sanctions.
Once the final report is provided to the parties, the Dean of Students will require each party to attend a separate meeting with the Dean. For the respondent, this will be the meeting at Step 2 of the conduct process.
The conduct process will then proceed in accordance with University policy. Matters will be resolved based on the “preponderance of the evidence” standard. Notice of the outcome of a complaint will be provided to the complainant and the respondent.
Retaliation and retaliatory harassment are prohibited against any individual who files a sex discrimination complaint with the university or participates in a complaint investigation in any way. Retaliation or retaliatory harassment can be reported to the Title IX Coordinator.
At any point, if all parties voluntarily agree to participate in an informal resolution that does not involve a full investigation and adjudication after receiving a full disclosure of the allegations and their options for formal resolution, and if the University determines that the particular Title IX complaint is appropriate for such a process, the University may facilitate an informal resolution, including mediation, to assist the parties in reaching a voluntary resolution.
Academic or Campus Housing Changes
The Dean of Students will work with all parties involved to make academic or housing accommodations to provide for the well-being of each student during and after an investigation.
Remember: Sexual assault is NEVER the survivor’s fault.
Sexual assault can happen to anyone. There is no typical survivor. Statistics indicate that anywhere from 85-90% of all sexual assaults occur between people who know each other.
If a friend has been assaulted or raped:
Listen and be supportive.
Encourage your friend to immediately contact the appropriate resources.
Stay with your friend during interviews and examinations if she or he wants you to do so.
Take care of yourself. You many need to talk with someone about how this has affected you. The resources listed in this section are for you as well.
If you have been assaulted or raped, you have control of the choices you can make. Following are recommendations to assist you in dealing with this crime:
Do not blame yourself. Sexual assault is NEVER the survivor’s fault.
Go to a safe location.
Seek medical attention immediately.
Do NOT shower, bathe, or douche. The only way medical evidence can be collected is if it is left intact.
Do not straighten up the area where the assault has taken place. Put clothes in a PAPER bag. The impulse to clean is normal, but evidence that might be needed will be destroyed by these activities.
Get to a hospital. Transportation can be provided by a friend or roommate or through the local resources (see below).
Note: In order to collect evidence to later be used in legal proceedings, an exam should be administered at Sacred Heart Medical Center. This is performed at the survivor’s discretion. Although the survivor may not want to press charges immediately, it is important that evidence is collected for potential future use as soon as possible after the assault takes place.
Rape Trauma Syndrome
Rape Trauma Syndrome (RTS) is an acute stress reaction to the threat of being killed or of being seriously injured, resulting from either a completed or attempted sexual assault. Not all the reactions encompassed by RTS are experienced by each survivor. Rather, RTS represents a range of possible reactions which vary from person to person. RTS has two major phases: (1) the immediate or acute phase, in which the survivor’s lifestyle is completely disrupted, and (2) the long-term phase in which the survivor must reorganize this disrupted lifestyle. Characteristics of the first phase include shock, disbelief, sleeping and eating pattern disturbances, difficulty in concentrating, fear, shame, guilt, mood swings, lack of self-esteem, and flashbacks to the incident. Recovery is aided by support from friends, relatives, and others in the survivor’s environment.
Any sexual advances, requests or demands for sexual favors and/or other physical, verbal or visual conduct of a sexual nature constitute sexual harassment when:
Such conduct has the purpose or effect of substantially interfering with an individual’s work or academic performance, creating an intimidating, hostile or offensive work, learning, living, or campus environment.
Submission to or rejection of such conduct by an individual is used as the basis for employment or academic decisions affecting the individual.
Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or academic program.
The University prohibits the following behaviors:
Verbal Sexual Harassment:
Conduct such as epithets, derogatory jokes or comments, slurs or unwanted sexual advances, invitations or comments, obscene phone calls or voice mail or e-mail messages.
Threats or demands to submit to sexual requests as a condition of continued employment or academic advancement, or to avoid some other loss.
Offers of preferential treatment in return for sexual favors and/or retaliation for having reported or threatened to report harassment.
Non-verbal/Visual Sexual Harassment:
Display of or references to derogatory and/or sexuality-oriented posters, photographs, cartoons, drawings or gestures
Exposure (i.e. “mooning”, “streaking”), or other lewd behaviors
Physical Sexual Harassment:
Conduct such as unwanted touching, blocking normal movement or interfering with work or study.
Please refer to the reporting options listed in the Sexual Assault section above.
Pertinent Federal Legislation
The Student Right-to-Know and Campus Security Act of 1990 and the Campus Sexual Assault Victim’s Bill of Rights Amendment of the 1992 Higher Education Reauthorization Act (copies of which can be found in the Residence Life Office) require Universities to report accurate statistics regarding sexual assaults and rapes.
Abusive sexual behavior is harmful to both the learning environment and the sense of community the University seeks to foster among students, faculty, staff and administration. All members of the University community have an obligation to act responsibly in the realm of sexuality. Any student who, either individually or in concert with others, participates in any of the aforementioned misconduct is subject to University discipline including suspension, dismissal, and/or expulsion.