Policy Against Sexual Misconduct

I. Introduction

At World Mission University, we believe that men and women of God are suited for Christian service by moral character as well as by academic achievement and spiritual gifts. Among their qualifications should be compassion for individual persons, sensitivity to the needs of the communities of which they are a part, a commitment to justice, a burden that the whole of God’s will be obeyed on earth, personal integrity, a desire for moral growth, and mutual accountability. Students and employees at WMU are expected to exhibit these moral characteristics.

The behavioral standards of WMU are guided by an understanding of Scripture and a commitment to its authority regarding all matters of Christian faith and living. The WMU community also desires to honor and respect the moral tradition of the churches who entrust students to us for education. These moral standards encompass every area of life, but prevailing confusion about specific areas leads the community to speak clearly about them. Students receiving training in a discipline for which there are professional ethical standards are subject to those as well. Enrollment in or employment by WMU includes a commitment by each individual to adhere to all of the WMU published policies and ethical and behavioral standards.

As an educational institution, WMU also recognizes its legal obligations in regard to Title IX, the Campus Sexual Violence Elimination Act, and the Clery Act.

Effective August 14, 2020, additional Title IX procedures and definitions will be implemented and considered for Title IX-specific incidents, as defined below.

II. Applicable Federal Law

WMU is incorporating new Department of Education Title IX regulations, effective August 14, 2020, as applicable. However, this policy is not limited to Title IX and incorporates all other forms of sexual misconduct that are prohibited by WMU. Where specific Title IX regulations, procedures, or definitions might apply, they will be identified below as Title IX.

This policy of WMU addresses the requirements of Title IX of the Education Amendments of 1972 (“Title IX”), a federal law prohibiting discrimination based on sex in federally-funded education programs and activities. Title IX states as follows:

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.

This policy covers all forms of sexual misconduct, even if not specifically covered by Title IX. Title IX procedures and definitions will be used when Title IX is applicable. Those involved in a complaint resolution process will be informed, usually by the Title IX Coordinator, at various stages whether Title IX grievance procedures are applicable.

III. Policy

WMU is committed to providing and modeling a learning, working, living, and community environment free of discrimination on the basis of sex, which includes all forms of sexual

misconduct. This commitment extends to the WMU administration of its educational policies, admissions, employment, educational programs, and activities, including in person or online. In keeping with this commitment, the WMU does not discriminate on the basis of sex.

Sexual misconduct includes discriminatory treatment on the basis of sex, sexual harassment, sexual assault, sexual exploitation, intimate partner violence (dating & domestic violence), and stalking.

Sexual misconduct can be committed by men or women and it can occur between people of the same or different sex. The WMU considers sexual misconduct in any form to be a serious violation of the Christ-like conduct expected from all members of its community. While this policy applies to any on-campus conduct and any off-campus (including online) conduct that affects the learning experience of students or working experience of employees or the campus climate, the WMU will process all Sexual Misconduct complaints regardless of where the conduct occurred to determine whether the conduct occurred in the context of its educational programs or had continuing effects on campus on or in off-campus programs or activities. This policy applies to all WMU students, faculty, administrators, staff, other members of the WMU community, including contractors, consultants, and vendors doing business or providing services to the WMU, whether in person or online.

Violation of the policy against sexual misconduct will result in disciplinary actions. The range of disciplinary sanctions includes, but is not limited to the following, for each of the following groups:

Students: written warning, probationary status, academic suspension, or
Employees: written warning, performance improvement plan, required training or education, suspension with or without pay, administrative leave, revocation of tenure, or termination of employment.
Campus Organization (student group): written warning, withholding of privileges, suspension, or expulsion.

WMU discipline is in addition to penalties that may be imposed by state or federal law, which could include imprisonment or financial fines.

IV. Title IX Coordinator and Responsibilities

The Title IX Coordinator at WMU is the individual designated by the institution to oversee the WMU overall compliance with Title IX. The Title IX Coordinator is responsible for the following:

coordinating the WMU efforts to comply with the WMU Title IX responsibilities;
overseeing the WMU response to reports of Title IX violations, including the following:
- discuss the availability of Supportive Measures,
- consider the Complainant’s wishes with respect to Supportive Measures,
- inform the Complainant of the availability of Supportive Measures with or without the filing of a Formal Complaint, and
- explain to the Complainant the process for filing a Formal Complaint;
identifying and addressing any pattern or systemic problems;
providing or coordinating education and training about discrimination, harassment, and sexual misconduct to the WMU community
providing or coordinating education or training, as applicable, as follows
- facilitating mandatory annual training for Title IX & Discrimination Officers, Investigators, and Decision Makers on issues related to domestic violence, dating violence, sexual assault, and stalking, and on how to conduct an investigation and the complaint resolution process that protects the safety of all parties and promotes accountability, along with a focus on WMU procedures and applicable confidentiality requirements ;
coordinating discrimination and sexual misconduct investigations to ensure they are fair, prompt, and equitable;
facilitating the writing and updating of relevant policies; and
identifying throughout the process whether Title IX procedures are

The Title IX Coordinator is authorized to designate other appropriately trained individuals without a Conflict of Interest to receive and investigate reports and complaints of discrimination, harassment, and sexual misconduct as deemed appropriate at his/her sole discretion. The Title IX Coordinator also facilitates the assignment of Decision Makers with the intent to avoid a potential Conflict of Interest. He/she and/or his/her designee makes sure appropriate Supportive Measures are provided to impacted students and employees.

For complaints involving students or student groups, the Dean of Student Affairs can be contacted. For complaints not involving students, including complaints involving faculty, administrators/managers, staff, contractors, third parties, or visitors, a Title IX Coordinator can be contacted. See below for the contact information. Questions about Title IX can be directed to the Office of Civil Rights of the U.S. Department of Education:

Lim, Paul

Title IX Coordinator

213-388-1000

titleix@wmu.edu

U.S. Department of Education

Office for Civil Rights

http://www2.ed.gov/about/offices/list/ocr/index.html

Yoon, Im Sang

The Dean of Students

213-388-1000

iyoon@wmu.edu

V. Definitions

The following definitions apply to all aspects of this policy unless otherwise specified as only pertaining to Title IX.

Actual Knowledge/Notice: Under Title IX, means notice of sexual harassment or allegations of sexual harassment to a school’s Title IX Coordinator or any official of the school who has authority to institute corrective measures on behalf of the institution. At WMU, this includes notice to a Title IX & Discrimination Officer, a dean, or other member of WMU executive leadership team.

Advisor: Persons designated by the Complainant and Respondent, respectively to be present during any aspect of the Formal Complaint process. An advisor will also “cross-exam” the other party and witnesses during a live hearing, if applicable. If a party does not have an advisor, the institution must provide an advisor of its choice, free of charge, to conduct cross examination. The advisor may be an attorney, but does not need to be. Institutions cannot restrict the choice of either party’s advisor.

Complainant: An individual who is alleged to be the victim of conduct that could constitute sexual harassment or sexual misconduct.

Conflict of Interest: Bias for or against Complainants or Respondents generally or an individual Complainant or Respondent.

Decision Makers: Objectively evaluate all relevant evidence and independently reach a determination regarding responsibility without giving deference to the Investigative Report. Formal Complaint: A document (Formal Title IX Complaint Form) filed by a Complainant or signed by a Title IX Coordinator alleging sexual harassment against a Respondent and requesting that the institution investigate the allegation of sexual harassment. Under Title IX, at the time of filing a formal complaint, a Complainant must be participating in or attempting to participate in the education program or activity of the school with which the formal complaint is filed.

Formal Title IX Complaint Form: A document or electronic submission (such as by e-mail or through an online portal provided for this purpose by the institution) that contains the Complainant’s physical or digital signature, or otherwise indicates that the complainant is the person filing the formal complaint. If a Formal Title IX Complaint Form is signed by the Title IX Coordinator, the Title IX Coordinator does not become a party to the complaint.

Informal Resolution: Under Title IX, at any time prior to reaching a final determination, an institution may facilitate an informal resolution that does not involve a full investigation and adjudication, provided that the institution provides the parties a written notice disclosing:

the allegations
the requirements of the informal resolution process
the circumstances under which it precludes the parties from resuming a formal complaint arising from the same facts
any other consequences of participating in the informal resolution process
the records that will be maintained or could be shared
that the institution will obtain the parties’ voluntary, written consent to the informal resolution.

Investigation Report: A report that fairly summarizes the evidence.

Investigators: Objectively evaluate all relevant evidence and create an Investigation Report that summarizes the relevant evidence.

Live Hearing: A step in the Title IX Formal Complaint resolution process, conducted with participants appearing virtually, with technology enabling them to see and hear each other. An audio or audiovisual recording will be created of any live hearing.

Respondent: An individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment or sexual misconduct.

Retaliation: Any adverse action taken against a person for making a good faith report of Prohibited Conduct or participating in any proceeding under this policy. Retaliation includes threatening, intimidating, harassing, coercing, or any other conduct that would discourage a reasonable person from engaging in any process provided for and/or activity protected under this policy. Under Title IX, no school or other person may intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by Title IX, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in a Title IX investigation, proceeding, or hearing.

Supportive Measures: Individualized services reasonably available that are nonpunitive, non- disciplinary, and not unreasonably burdensome to the other party while designed to ensure equal educational access, protect safety, or deter sexual harassment or sexual misconduct.

VI. Prohibited Conduct

Sexual misconduct that is perpetrated by or against any WMU community member will not be tolerated. WMU is committed to prohibiting all forms of sexual misconduct in all functions of the WMU. When applicable, additional provisions under Title IX will also be applied.

A. Discriminatory Treatment

Discriminatory Treatment occurs when:

an agent or employee of the WMU, acting within the scope of his or her official duties, treats a person differently on the basis of sex in the context of an educational program or activity without a legitimate, nondiscriminatory reason, so as to interfere with or limit the ability of the person to participate in or benefit from the services, activities, or privileges provided by the

B. Sexual Harassment

Title IX Definition of Sexual Harassment

Sexual harassment means conduct on the basis of sex that satisfies one or more of the following:

unwelcome conduct determined by a reasonable person to be so severe, pervasive,

and objectively offensive that it effectively denies a person equal access to the institution’s education program or activity;

an employee of the institution conditioning the provision of an aid, benefit, or service of the institution on an individual’s participation in unwelcome sexual conduct; or
sexual assault as defined in the Clery Act, or dating violence, domestic violence, or stalking as defined in the Violence Against Women Act (VAWA).

Under Title IX, an institution must respond to sexual harassment, with or without a formal complaint, when:

the school has Actual Knowledge of the alleged sexual harassment;
the alleged sexual harassment occurred in an education program or activity of the school; and
the alleged sexual harassment was against a person physically located in the United States.

WMU Definition of Sexual Harassment is:

unwelcome,
sexual, sex-based and/or gender-based
verbal, written, online and/or physical

Anyone experiencing sexual harassment in any WMU program is encouraged to report it immediately to the Title IX Coordinator. Supportive Measures, education, and/or training will be provided in response.

Sexual harassment may be disciplined when it takes the form of quid pro quo harassment, retaliatory harassment, creates a hostile environment, and/or meets the Title IX Definition of Sexual Harassment.

Hostile Environment

A hostile environment is created when sexual harassment is:

sufficiently severe, or
persistent or pervasive, and
objectively offensive that it:
- unreasonably interferes with, denies or limits someone’s ability to participate in or benefit from the WMU educational, employment, social, and/or residential program.

Quid Pro Quo Harassment is:

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature
By a person having power or authority over another constitutes sexual harassment when
Submission to such sexual conduct is made either explicitly or implicitly a term or condition of rating or evaluating an individual’s educational or employment progress, development, or
This includes when submission to such conduct would be a condition for access to receiving the benefits of any educational or employment

Sexual harassment may include, but is not limited to, unwelcome sexual advances, repeated propositions or requests for a sexual relationship to an individual who has previously indicated that such conduct is unwelcome, or sexual gestures, noises, remarks, jokes, questions, or

comments about a person’s gender, sexuality, or sexual experience. Sexual harassment may consist of repeated actions. Also, unlike the Title IX Definition of Sexual Harassment, sexual harassment may even arise from a single incident if sufficiently extreme. The Complainant and the Respondent may be of either gender and need not be of different genders.

Some specific examples of Sexual Harassment include:

A faculty member insists that a student go on a romantic getaway away with him/her to the faculty member’s cabin in exchange for a good grade. This is harassment regardless of whether the student accedes to the request and irrespective of whether a good grade is promised or a bad grade is
A student repeatedly sends sexually oriented jokes around on an email list s/he created, even when asked to stop, causing one recipient to avoid the sender on campus.
Two supervisors frequently ‘rate’ employees’ bodies and sex appeal, commenting suggestively about their clothing and
A faculty member engages students in her class in discussions about their past sexual experiences, yet the conversation is not in any way germane to the subject matter of the class. She probes for explicit details, and demands that students answer her, though they are clearly uncomfortable and
A student or employee texts sexually explicit pictures to another student or employee.

C. Other Forms of Prohibited Conduct

Sexual Violence is:

A particular type of sexual harassment that includes non-consensual sexual contact, non-consensual sexual intercourse, or other physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent. Sexual violence includes, but is not limited to, physical assaults of a sexual nature, such as sexual assault, intimate partner violence, stalking, or attempts to commit these

Non-Consensual Sexual Intercourse is:

any sexual penetration or intercourse (anal, oral or vaginal),
however slight,
with any object,
by a person upon another person,
that is without consent and/or by

Note: “Sexual intercourse” includes vaginal or anal penetration by a penis, object, tongue, or finger, and oral copulation (mouth to genital contact or genital to mouth contact), no matter how slight the penetration or contact.

Non-Consensual Sexual Contact is:

any intentional sexual touching,
however slight,
with any object,
by a person upon another person
that is without consent and/or by

Note: “Sexual contact” includes intentional contact with the breasts, buttock, groin, or genitals, or touching another with any of these body parts, or making another touch you or themselves with or on any of these body parts; or any other intentional bodily contact of a sexual manner, including the nonconsensual touching of a person’s intimate parts, or the clothes covering the immediate area of those parts, or forcing a person to touch another’s intimate parts.

Sexual Exploitation

Refers to a situation in which a person takes non-consensual or abusive sexual advantage of another, and situations in which the conduct does not fall within the definitions of Sexual Harassment, Non-Consensual Sexual Intercourse, or Non- Consensual Sexual

Examples of sexual exploitation include, but are not limited to:

Invasion of sexual privacy,
Prostituting another student,
Non-consensual recording, broadcasting sexual activity, including redistribution of pictures, video, or audio,
Going beyond the boundaries of consent (such as letting your friends hide in the closet to watch you having consensual sex),
Engaging in voyeurism,
Knowingly exposing another to an STD or HIV,
Exposing one’s genitals in non-consensual circumstances or inducing another to expose their genitals,
Sexually based stalking and/or bullying, including cyber-stalking and/or cyber- bullying, may also be forms of sexual

Intimate Partner Violence is:

Any instance of violence or abuse—verbal, physical, or psychological—that occurs between those who are in or have been in a sexual, dating, domestic, or other intimate relationship with each

Verbal Abuse is the extreme or excessive use of language, often in the form of insults, name-calling, and criticism, designed to mock, shame, embarrass, or humiliate the other intimate partner. Verbal abuse often has the aim of diminishing the Complainant’s self-esteem, dignity, or

Physical Violence or Abuse occurs when one intentionally or recklessly (1) causes bodily harm; (2) attempts to cause another bodily harm; or (3) puts another in fear of imminent bodily

Emotional/Psychological Abuse involves a persistent pattern or prolonged climate of dominating or controlling behavior, often involving some type of power imbalance. The abuser’s behavior is often intended to terrorize, intimidate, isolate, or exclude an intimate partner, and can often result in measurable psychological harm, such as depression, anxiety, or post-traumatic stress symptoms. Examples include relentless denigration and disparagement, threatening to harm a beloved pet or destroy sentimental possession(s), as well as financial and economic abuse and

The above types of abuse can occur concurrently.

Stalking is:

Repetitive and menacing pursuit, following, harassing, and/or interfering with the peace and/or safety of

Repetitive involves at least two occurrences, although the repeated conduct does not have to be of the same

Menacing conduct is intended to control someone, restore a relationship at any cost, or obtain some other desired end for which the stalker is willing to cause harm if they don’t get what they want. It includes conduct that is meant to frighten or

3. Pursuit, following, harassing, and/or interfering with the peace and/or safety of another examples:

Unwelcome phone calls, voice or text messages, hang-ups
Unwelcome emails, instant messages, messages through social media
Unwelcome cards, letters, flowers, or presents
Watching or following from a distance, spying with a listening device, camera, or global positioning system (GPS)
Installing tracking apps or keystroke recorders on electronic devices
Approaching or showing up in places such as the target’s home, workplace, or school when it is unwelcome
Leaving strange or potentially threatening items for the target to find
Sneaking into target’s home or car and doing things to scare the target or let the target know the stalker has been there¹

All three (repetitive, menacing, and pursuit…) of the above elements must be present to constitute stalking according to this policy. Please note, however, that the Title IX definition of stalking is broader than the above definition and the Title IX definition will be used in cases where Title IX is applicable; where the incident(s) occurred may determine which stalking definition is used.

D. Consent, Incapacitation, Force, Coercion

Statement on Consent:

Consent is knowing, voluntary, and clear permission by word or action, to engage in mutually agreed upon sexual activity. Since individuals may experience the same interaction in different ways, it is the responsibility of each party to make certain that the other has consented before engaging in the activity. For consent to be valid there must be a clear expression in words or actions that the other individual agreed to that specific sexual

A person cannot consent if he or she is unable to understand what is happening or is disoriented, helpless, asleep, or unconscious for any reason, including due to alcohol or other drugs, including so-called “date rape” drugs, or medication. An individual who engages in sexual activity when the individual knows, or should know, that the other person is physically or mentally incapacitated has violated this policy. The question of what the Respondent should have known is objectively based on what a reasonable person in the place of the Respondent, sober and exercising good judgment, would have known about the condition of the

Incapacitation is defined as a state where someone cannot make rational, reasonable decisions because they lack the capacity to give knowing consent (e.g., to understand the “who, what, when, where, why or how” of their sexual interaction). This policy also covers a person whose incapacity results from a mental or developmental disability, involuntary physical restraint, and/or from the taking of incapacitating drugs.

Consent to some sexual contact (such as kissing or fondling) cannot be presumed to be consent for other sexual activity (such as intercourse). A current or previous dating relationship is not sufficient to constitute consent. Silence or the absence of resistance alone is not consent.

A person can withdraw consent at any time during sexual activity by expressing in words or actions that he or she no longer wants the act to continue, and, if that happens, the other person must stop

A minor below the age of consent according to state law cannot consent to sexual activity. This means that sexual contact by an adult with a person below the age of consent is a crime as well as a violation of this policy, even if the minor appeared to have wanted to engage in the

Statement on Force:

Force is the use of physical violence and/or imposing on someone physically to gain sexual access. Force also includes threats, intimidation (implied threats) and coercion that overcome resistance or produce consent (“Have sex with me or I’ll hit you. Okay, don’t hit me; I’ll do what you ”)

Coercion is unreasonable pressure for sexual activity. Coercive behavior differs from seductive behavior based on the type of pressure someone uses to get consent from another. When someone makes clear to you that they do not want to go past a certain point of sexual interaction, continued pressure beyond that point can be coercive.

VI. Resources

A. Confidential Resources

Confidential WMU Resources

Students, faculty, and staff may wish to seek confidential assistance in dealing with a Sexual Misconduct violation, or related issues no matter where the issues arose (e.g., on-campus, off-campus, or online). The WMU has identified the following counseling center located on our campus. The resources below will maintain confidentiality under the professional license or professional ethics necessary for performing their employed role at the WMU:

Korean Christian Counseling Center

500 Shatto Pl.

Los Angeles, CA 91006

Phone: 213-388-1000

All of the above Confidential WMU Resources will maintain confidentiality except in extreme cases of immediate threat or danger, or abuse of a minor.

Non-Confidential WMU Resources

In addition to the confidential resources listed above, WMU community members have access to a variety of resources provided by the WMU:

Spanish Resource – Joon S Lee

Academic Advisor

213-388-1000

jsmission@gmail.com

Title IX Coordinator – Paul Lim

213-388-1000 ext 109

titleix@wmu.edu

Dean of the Students – Dr. Im Sang Yoon

213-388-1000 ext 125

iyoon@wmu.edu

VII. Guidance on Reporting

WMU encourages those who have experienced any form of sexual misconduct to report the incident promptly, to seek all available assistance, and to pursue university conduct violation charges and criminal prosecution of the offender. WMU takes complaints very seriously and will work with Complainants to ensure their safety as much as possible and to remedy the situation. The WMU will fully cooperate with the police in any related investigation and reserves the right to commence its internal complaint resolution procedures prior to the completion of any police investigation.

Initial Inquiries or Reports of Sexual Misconduct

Initial Inquiries or Reports of Sexual Misconduct may be shared with the Title IX Coordinator, Dean of Students, or any WMU employee identified as a Responsible Employee. All sexual misconduct reports made to Responsible Employees will be referred to the applicable Title IX.

Formal Complaints

Formal Complaints to initiate an Investigation/Grievance Procedure may be submitted to or by the Title IX Coordinator at any point in the process by completing a Formal Title IX Complaint Form.

Supportive Measures will be made available regardless of whether or not a Formal Complaint is submitted.

How to Request Confidentiality

If a Complainant does not wish for their name to be shared, does not wish for an investigation to take place, or does not want a formal Investigation/Grievance Procedure to be pursued, the reporting party may make such a request to the Title IX Coordinator or Title IX, who will evaluate that request in light of the duty to ensure the safety of the campus and comply with federal law. In cases indicating pattern, predation, threat, weapons and/or violence, or in instances where the WMU would like to pursue disciplinary action if the Respondent is found in violation of the policy, the WMU will likely be unable to honor a request for confidentiality. In cases where the Complainant requests confidentiality and the circumstances allow the WMU to honor that request, the WMU will offer Supportive Measures to the Complainant and the community, but will not otherwise pursue formal action. A reporting party has the right, and can expect, to have reports taken seriously by the WMU when formally reported, and to have those incidents investigated and properly resolved through these procedures.

In addition, see above for Confidential WMU Resources. Confidential Resources will only report to the Title IX Coordinator upon request of the victim.

Privacy

Formal reporting still affords privacy to the Complainant, and only a small group of officials who need to know will be told.

Information will be shared as necessary with Investigators, witnesses, and the Respondent. The circle of people with this knowledge will be kept as small as possible to preserve the rights and privacy of the Complainant and Respondent.

Reporting to Campus Safety

Victims may request assistance from any of the Confidential WMU Resources (see above) or Reporting Options (see below). This should be notified to the Title IX Coordinator of the incident.

Amnesty for Reporting Party and Witnesses

The WMU community encourages the reporting of misconduct and crimes by the Complainant and witnesses. Sometimes, the Complainant or witnesses are hesitant to report to WMU officials or participate in resolution processes because they fear that they themselves may be accused of policy violations, such as alcohol or drug violations at the time of the incident. It is in the best interests of this community that the Complainant choose to report to WMU officials, and that witnesses come forward to share what they know. To encourage reporting, WMU pursues a policy of offering Complainants and witnesses amnesty from minor policy violations related to the incident.

VIII. Reporting Options

Title IX & Discrimination Officers

All incidents of sexual misconduct or retaliation should be reported. For all complaints involving students, the Title IX & Discrimination Officer for Students will ensure that prompt steps will be taken to prevent recurrence of harassment and to correct its discriminatory effects on Complainant and others, if appropriate, and will provide for an adequate, reliable, and impartial investigation. For all complaints not involving students, the Title IX & Discrimination Officer for Employees will ensure that prompt steps will be taken to prevent recurrence of harassment and to correct its discriminatory effects on the Complainant and others, if appropriate, and will provide for an adequate, reliable, and impartial investigation. Reports may be made at any time (including during non-business hours) by using the telephone number or electronic address, or by mail to the office address, listed for the Title IX Coordinator. The contact information is as follows:

Title IX & Discrimination Officer for Students

Paul Lim

Title IX Coordinator

Office location: 500 Shatto Place, Suite 500, Los Angeles, CA 90020

Phone: 213-327-8809 ext 109

Email: titleix@wmu.edu

Title IX & Discrimination Officer for Employees

Paul Lim

Title IX Coordinator

Office location: 500 Shatto Place, Suite 500, Los Angeles, CA 90020 Phone: 213-327-8809 ext 109

Email: titleix@wmu.edu

Responsible Employees

All supervisors, administrators/managers, and faculty, as well as community coordinators and Campus Safety personnel, with the exception of counseling employees identified above under Confidential WMU Resources, are considered Responsible Employees. A Responsible Employee must report all allegations of sexual misconduct to the Title IX Coordinator or a Title IX & Discrimination Officer.

Questions about Title IX can be directed to the Dean of the Students or to the Office of Civil Rights (OCR, http://www2.ed.gov/about/offices/list/ocr/index.html) of the U.S. Department of Education.

Supportive Measures

The Title IX Coordinator, Title IX & Discrimination Officer, or his/her designee, may provide Supportive Measures intended to address the short-term effects of sexual misconduct, harassment, discrimination, and/or retaliation, i.e., to redress harm to the Complainant and the community and to prevent further violations. Supportive Measures are also available to the Respondent during the WMU informal or formal complaint resolution process. Supportive Measures will be provided to the Complainant or Respondent, as appropriate, even if informal or formal complaint resolution procedures are not pursued.

These Supportive Measures for the Complainant or Respondent, as applicable, may include, but are not limited to:

referral to counseling
referral to health services
referral to the Employee Assistance Program
education to the community
altering the housing situation (on-campus resident student and/or on-campus resident employee)
altering work arrangements for employees, including modifying work schedule or changing work location
providing campus escorts
providing transportation accommodations
implementing mutual contact restrictions between the parties
offering adjustments to academic deadlines, course schedules, ability to retake courses, etc.
increasing security or monitoring of certain areas of campus

Any Supportive Measures provided above will be taken promptly, at no cost to the Complainant or Respondent, as applicable. The WMU will continue to take these steps after the conclusion of an investigation, if applicable, if sexual violence is found to have occurred.

In addition, the WMU reserves the right, at the direction of the chief academic officer or his/her designee or the chief financial officer or his/her designee, upon concurrence of the chief operating officer, to remove a Respondent from campus on an emergency basis, provided the institution

undertakes an individualized safety and risk analysis;
determines that an immediate threat to the physical health or safety of any student or other individual arising from the allegations of sexual harassment justifies removal; and
provides the Respondent with notice and an opportunity to challenge the decision immediately following the

The WMU may also place a non-student employee Respondent on an administrative leave, pending the outcome of a complaint resolution process.

Any Supportive Measures will be kept confidential by the institution with the exception of those who need to know to carry out the Supportive Measures, and otherwise, only in accordance with applicable state and federal laws.

X. Retaliation Prohibited

Fear of retaliation should not hinder the reporting of an alleged violation(s) of sexual misconduct. The WMU strictly prohibits retaliation against a member of the WMU community:

who opposes the practices prohibited by this policy against sexual misconduct (consistent with all laws and applicable WMU conduct policies),
who brings forth a complaint,
against whom a complaint is brought, or
who otherwise is a participant in a complaint resolution

Such prohibited retaliatory conduct includes, but is not limited to, reducing a student’s grade, decreasing an employee’s pay, or downgrading a person’s performance evaluation. This also includes intimidating, threatening, coercing, or in any way discriminating against or harassing an

individual because of an individual’s complaint or participation in the complaint resolution process, provided that the individual is not breaching applicable law or conduct policies. Retaliatory conduct within the meaning of this policy will be considered a violation of WMU policy, and anyone over whom the WMU has authority to do so (including third parties such as friends or colleagues of respondents) who violates this policy against retaliation will be independently disciplined by the WMU, up to and including possible termination of student status (expulsion) and/or termination from employment.

This policy against retaliation applies to all members of the WMU community, including students, authorized student organizations, faculty, administrators/managers, staff-level employees, and trustees. This policy may also be applicable to complaints deemed to have been submitted without merit and for a retaliatory purpose.

XI. Investigation/Grievance Procedures

The Student and Employee Grievance Procedure will be followed for incidents of reported violation(s) of the Policy Against Sexual Misconduct. However, for incidents of reported dating violence, domestic violence, sexual assault, or stalking, or that may otherwise fall under the Title IX Definition of Sexual Harassment, the Complaint Resolution Procedures: Sexual Harassment, Unlawful Discrimination, Unlawful Harassment, Sexual Misconduct, and Retaliation will be followed with the following additional provisions:

The grievance process will comply with Title IX regulations for Formal
The institution may facilitate Informal Resolution upon agreement of both
The investigation of a sexual misconduct allegation may proceed whether or not a related criminal matter is pending. If a Complainant files a grievance with local law enforcement,

the WMU will comply with that agency’s requests for cooperation, which may require the WMU to temporarily suspend the fact-finding aspect of its Title IX investigation while the law enforcement agency gathers evidence. If such is the case, the WMU will promptly resume its Title IX investigation as soon as notified by law enforcement that it has completed the evidence gathering process.

The standard used to determine whether this policy has been violated is whether it is more likely than not that the respondent violated this policy. This is often referred to as a

“Preponderance of Evidence” standard.

The burden of collecting evidence and proving a violation of policy is on the institution, not the parties.
The Title IX Coordinator or designee will select Investigators, Decision Makers, and Hearing Officers, as applicable, from a pool of trained, internal Complaint Resolution Team Members or external sources, as
It will be presumed that the Respondent is not responsible for the alleged conduct until a determination is made. In other words, no sanctions will be imposed upon the Respondent unless a finding of responsibility is determined by a Decision
The Complainant and the Respondent will have timely notice for meetings at which the Complainant or Respondent, or both, may be present.
Both parties and appropriate officials will be provided periodic updates during the complaint resolution process and will have timely and equal access to any information that will be used during formal and informal investigatory meetings.
The Complainant and the Respondent will have the same opportunities to have others present during any Formal Complaint Grievance Procedure. The Complainant and the Respondent each have the opportunity to be advised by an Advisor of their choice at any stage of the process and to be accompanied by that Advisor to any related meeting or proceeding. The WMU will not limit the choice of Advisor or presence for either the Complainant or the Respondent in any meeting or institutional disciplinary proceeding. However, the role of the Advisor is limited to the following:
- An Advisor may only consult and advise his or her advisee, but not speak for the advisee at any meeting or
- An Advisor also asks questions on behalf of the Complainant or Respondent, as applicable, in a Live
The institution will not impose restrictions on the ability of any party to discuss the allegations or gather and present relevant evidence.
Both parties will each have an opportunity to review the Investigation Report and have an opportunity to submit a written response to be included along with the Investigation Report to be reviewed by the Decision Maker.
Information about the Complainant’s past relationships with anyone other than the Respondent will not be used as evidence in determining the findings prepared by the investigator(s) or by the Decision Maker when determining the final result of the Grievance Procedure.

Both parties will be informed in writing of the result of the Grievance Procedure, at the same time (without significant delay between the notifications to each party), once a decision has been reached. This notice will include the procedures for appealing the decision, any change to the results that occurs prior to the time such results become final, and when results are considered to be final. The results will include any sanctions imposed by the WMU, including the rationale for the result.
Appeals may be granted on the following bases:
- a procedural irregularity that affected the outcome;
- new evidence that was not reasonably available at the time the determination or dismissal was made and could affect the outcome;
- the Title IX Coordinator, Investigator, or adjudicator (Decision Maker) had a Conflict of Interest or bias that affected the outcome of the matter; or
- to determine whether or not any sanction imposed was appropriate for the found violation(s).
WMU will usually complete investigations and adjudication within 60 business days of receipt of a Formal Complaint. Any appeals will also be completed within a reasonably prompt timeframe. However, if extensions are necessary, the good cause reasons and rationale for the extensions will be provided in writing to both

XII. Other Helpful Information

Please see WMU Webpage for information on risk reduction, safe and positive options for bystanders, and the ongoing prevention/awareness campaigns for students and employees. It also provides a helpful overview of some of the information provided above.