Sexual Misconduct and Title IX Policy

REPORT
To report sexual harassment or a violation of the Sexual Misconduct policy please email: titleix@jessup.edu

For all emergencies please call 911.

If you currently feel unsafe and need immediate assistance please contact WJU Campus Safety at 916-521-0776.

Statement of Nondiscrimination

William Jessup University is a Christ-centered institution of higher learning dedicated to the holistic formation of students—their academic, mental, physical, emotional, and spiritual formation.  Together we covenant to love God, love others, and love ourselves, and, therefore, in this policy, we are guided by these fundamental beliefs in our Community Covenant:

We value all persons as created in the image of God (Genesis 1:27)—honoring, loving, and serving one another.

We support the weak (Micah 6:8; Isaiah 1:17)—always helping the wounded, the oppressed, and the needy.

We respect authority (Romans 13:1-4)—affirming the God-given authority of those in leadership over us in the university and beyond.

We emphasize reconciliation (2 Corinthians 5:18-19)—expressing grace and forgiveness in conflict.

William Jessup University is committed to providing a work and learning environment where all persons who participate in University programs and activities can work and learn together in an atmosphere free of harassment, disrespectful, or other unprofessional conduct.  WJU prohibits discrimination and harassment based on race, color, gender, national origin or ancestry, age, disability/medical condition, pregnancy, familial status, or veteran status.

Title IX of the Education Amendments of 1972 prohibits discrimination on the basis of sex in education programs or activities operated by recipients of Federal financial assistance.  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 education program or activity receiving federal financial assistance” (20 U.S.C. § 1681).  Title IX also protects all students, faculty, and staff from unlawful sexual discrimination, which may include sexual harassment, unwelcome sexual advances, or sexual violence. The Campus Sexual Violence Act (Campus SaVE Act) enacted in 2013, adds protection for domestic violence, dating violence, sexual violence, and stalking.

To ensure compliance with Title IX, WJU has developed this policy and related procedures in alignment with the White House Task Force to Protect Students from Sexual Assault, to define terminology; define the responsibilities of the Title IX Coordinators, liaisons, and Title IX Committee; establish means of grievance resolution; provide sanctions for inappropriate behaviors; establish protocols; and reference education, training, and awareness efforts.  The policy addresses offenses that occur on the WJU property (including WJU’s Bay Area Center in San Jose) and/or to incidents of sexual misconduct involving students and employees.

Title IX Coordinator

The duties and responsibilities of the Title IX Coordinator and Deputy Coordinators include monitoring and oversight of overall implementation of Title IX compliance at William Jessup University, such as coordination of training, education, communications, and administration of grievance procedures for students, faculty and staff.  Title IX regulations require Deputy Coordinators to report incidents whether resolved informally or formally to the Title IX Coordinator. These reports allow the Title IX Coordinator to identify patterns of frequency in a particular area within the University and to coordinate compliance with federal regulations.

The Title IX Coordinator and Deputy Coordinators comprise the Title IX Committee, which is responsible for investigating all Title IX complaints and ensure adherence to the policies and procedures in this document.

Title IX Coordinator

Kay Llovio, Ed.D.

Associate Provost
kllovio@jessup.edu
916-577-2212
Student Life Building

Title IX Deputy Coordinators

For Students
Dave Heitman, M.Ed.

Dean of Students
dheitman@jessup.edu
916-577-2367
Student Life Building

For a complaint against a WJU student for sexual harassment, sex discrimination, or sexual assault, contact the Deputy Coordinator for students.  The Deputy Coordinator for students is responsible for Title IX compliance for matters involving students, including training, education, communication, and administration of the grievance/judicial procedure for all complaints against WJU students.  For further information, please refer to the harassment policy (for students) and the student judicial procedures found in the Student Handbook.

For Athletics
Farnum Smith

Senior Associate Athletic Director
fsmith@jessup.edu
916-577-2361
A complaint about Title IX application to athletics programs should be directed to the Deputy Coordinator for Athletics.

For Faculty
Dennis Jameson, Ph.D.

Provost
djameson@jessup.edu
916-577-2218
Administration Offices

For a complaint against a WJU faculty member for sexual harassment, sex discrimination, or sexual assault, contact the Provost.  The Provost is responsible for the administration of the grievance procedure for all complaints against faculty members, including those filed by students and staff.  Please refer to the harassment policy found in the Faculty Manual for further information.

For Staff
Linda Giusti

Human Resources Manager
916-577-2305

For a complaint against a WJU staff member for sexual harassment, sex discrimination, or sexual assault, contact the Human Resources Manager, who is responsible for Title IX compliance for matters involving staff members including the administration of the grievance procedure for all complaints against staff members, including those filed by students and faculty as well as training, education and communication for staff and faculty members.  Please refer to the harassment policy found on the policy and procedures link on my.jessup.edu – http://my.jessup.edu/policies-procedures/policy/policy-against-discrimination-and-harassment/.

Definition of Terms

Conduct prohibited by this policy is defined below and includes sexual discrimination, sexual harassment, sexual assault, domestic violence, dating violence, sexual exploitation, stalking, retaliation, and intimidation.  Consent and incapacitation as defined in California law are also included.

“Affirmative consent” means affirmative, conscious, and voluntary agreement to engage in sexual activity (according to California SB967, signed into law on September 28, 2014).  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.

It shall not be a valid excuse to alleged lack of affirmative consent that the respondent believed that the complainant consented to the sexual activity under either of the following circumstances:

(A) The respondent’s belief in affirmative consent arose from the intoxication or recklessness of the respondent.

(B) The respondent did not take reasonable steps, in the circumstances known to the respondent at the time, to ascertain whether the complainant affirmatively consented.

It shall not be a valid excuse that the respondent believed that the complainant affirmatively consented to the sexual activity if the respondent knew or reasonably should have known that the complainant was incapacitated and unable to consent to the sexual activity under any of the following circumstances:

(A) The complainant was asleep or unconscious.

(B) The complainant was incapacitated due to the influence of drugs, alcohol, or medication so that the complainant could not understand the fact, nature, or extent of the sexual activity.

(C) The complainant was unable to communicate due to a mental or physical condition or developmental disability.

Consent will not apply if the individual is under the age of consent according to California Law.

Complainant – A complainant is any person who alleges to be the victim of sex discrimination, including but not limited to any act of sexual violence.

Dating violence: Dating violence is a violent act committed by a person –

  • Who is or has been in a social relationship of a romantic or intimate nature with the victim; and
  • Where the existence of such a relationship shall be determined based on a consideration of the following factors:
    • the length of the relationship;
    • the type of relationship; and
    • the frequency of interaction between the persons involved in the relationship.

Domestic violence: Domestic violence is a felony or misdemeanor crime of violence committed by:

  • A current or former spouse or intimate partner of the victim
  • A person with whom the victim shares a child in common
  • A person who is cohabiting with or has cohabitated with the victim as a spouse or intimate partner
  • A person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies [under VAWA], or
  • Any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction.

Intimidation: Words or conduct that places the victim in reasonable fear of bodily harm. 

Non-consensual sexual contact: Any intentional sexual touching, however slight, with any object, by a man or a woman upon a man or a woman, without affirmative consent.

Non-consensual sexual intercourse: Any sexual intercourse (anal, oral, or vaginal), however slight, with any object, by a man or woman upon a man or a woman, without affirmative consent.

Respondent – A respondent is an individual who is alleged to have discriminated on the basis of sex as defined in this policy.

Responsible employee – A responsible employee is a University employee designated herein as having the obligation to report incidents of alleged sexual violence to the Title IX Coordinator.  Responsible employees include the Title IX Coordinator and Deputy Coordinators, Residence Directors and other professional Residence Life staff, and any employee designated as a Campus Security Authority, except as provided in the next sentence.  Responsible employees do not include campus mental-health counselors, pastoral counselors, psychologists, or other persons with a professional license requiring confidentiality, or who are supervised by such person.

Examples of individuals whose positions should be assessed because they meet the criteria for being campus security authorities include:

  • Professional staff in a dean of students office, including leaders in student affairs and housing
  • Staff in the student center or student union building
  • Staff in the student activities office (handling extracurricular activities)
  • Faculty or staff advisors to student organizations
  • Resident assistants/advisors; resident and/or community directors
  • Students who monitor access to dormitories or other facilities
  • Athletic directors (ADs) and coaches (including assistant ADs and assistant coaches)
  • Contract security officers
  • Event security staff
  • Administrators at branch/satellite/separate campuses

Examples of individuals who would not meet the criteria for being campus security authorities include:

  • A faculty member who does not have any responsibility for student and campus activity beyond the classroom
  • Clerical or cafeteria staff
  • Facilities or maintenance staff

Sexual assault – Sexual assault is a general term that covers a broad range of inappropriate or unlawful conduct, including rape, sexual battery, and sexual coercion.  As defined under California law, rape is nonconsensual sexual intercourse that involves the use of threat of force, violence, or immediate and unlawful bodily injury or threat of future retaliation and duress.  Sexual battery includes the nonconsensual touching of a person’s intimate parts, or the clothing covering the immediate area of those parts, or forcing a person to touch another’s intimate parts.

Sexual discrimination: Sexual discrimination is defined as inequitable treatment of individuals on the basis of gender and includes behaviors or actions that deny or limit a person from the benefits of an education program or activity.

Sexual harassment: Sexual harassment is defined as unwelcome conduct of a sexual nature.  It includes unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature.  Sexual harassment occurs where:

  • submission to such conduct is made either explicitly or implicitly a term or condition of employment or education (“quid pro quo”);
  • submission to or rejection of such conduct by an individual is used as the basis for employment or education decisions affecting the individual (“quid pro quo”); or
  • such conduct creates an intimidating, hostile, offensive, or demeaning employment or educational environment.

Sexual violence: Sexual violence is a form of sexual harassment prohibited by Title IX.  It is defined as any physical sexual act perpetrated against a person’s will or where the person is incapable of giving consent due to that person’s use of drugs or alcohol, or because an intellectual or other disability prevents the person from having the capacity to give consent.  Sexual violence includes, but is not limited to, rape, sexual assault, sexual battery, and sexual coercion.

Stalking: Means engaging in a course of conduct directed at a specific person that would cause a reasonable person to—a) fear for his or her safety or the safety of others; or b) suffer substantial emotional distress.  [VAWA] Examples include, but are not limited to, unwelcome communication (e.g. face-to-face communication, electronic communication, communicating through a third-party, written letter, gifts, etc.), threatening or obscene gestures, and following a person or group of peoples.

California Penal Code Definition of Stalking (PC 646.9): (a) Any person who willfully, maliciously, and repeatedly follows or willfully and maliciously harasses another person and who makes a credible threat with the intent to place that person in reasonable fear for his or her safety, or the safety of his or her immediate family is guilty of the crime of stalking, punishable by imprisonment in a county jail for not more than one year, or by a fine of not more than one thousand dollars ($1,000), or by both that fine and imprisonment, or by imprisonment in the state prison.

COMPLAINANT’S RIGHTS AND OPTIONS

Reporting

Sexual harassment may involve incidents between any members of the University community, including faculty and other academic appointees, staff, coaches, students, and non-student or non-employee participants in University programs, such as vendors, contractors, visitors, and parents.  Sexual harassment may occur in hierarchical relationships or between peers, or between persons of the same sex or opposite sex.

In the interest of preventing sexual harassment, the University will respond to reports of any such conduct and will take reasonable steps to prevent discrimination and harassment from occurring.  In determining whether the reported conduct constitutes sexual harassment, consideration shall be given to the record of the conduct as a whole and to the totality of the circumstances, including the context in which the conduct occurred.

WJU encourages those who have experienced sex discrimination to complete an online incident report at http://my.jessup.edu/campussafety/report-a-safety-issue/ or speak directly to the Title IX Coordinator, a Deputy Title IX Coordinator, or the Department of Campus Safety.  Upon receiving a complaint, a Responsible Employee will make every effort to ensure the Complainant understands reporting options and confidentiality limitations, in additions to options for care, counseling, and accommodations.  Although the University encourages reporting of any sexual misconduct, it is ultimately the student’s decision whether to file a criminal and/or university complaint, unless the student is a minor. If the student is a minor, the University is required to report the matter to a law enforcement agency

University complaints against other students are filed through:

  • Dean of Students
  • Department of Campus Safety

University complaints against an employee of WJU are filed through the Office of Human Resources.

The Title IX Coordinator can assist with all aspects of the reporting procedure and will conduct a thorough and impartial investigation into a complaint.

Timing

Although there is no time limit on the filing of campus complaints as long as the respondent is still a member of the WJU community, prompt reporting is likely to result in a more satisfactory investigation.

The University is committed to providing a prompt, thorough, and fair resolution to all complaints, typically within 90 calendar days.  Except in extraordinary cases, the 90 days include the complaint, notice to the accused, investigation, and notice of findings, sanctions, and/or recommendations to the complainant and respondent concurrently within five days after the report is completed.

Academic Accommodations and Interim Measures

On-campus services that can be requested through the Womack Student Life Center or through the Title IX and Deputy Coordinators include:

  • Housing Relocation Services

In the case of sexual assault, students have the right to request changes to their on-campus living situation and may include extending a temporary exemption of a housing contract so the victim may seek an off-campus housing alternative.

  • Change of Academic Situation

In the case of sexual assault, students have the right to request changes to their class schedule, including rescheduling exams or assignments, withdrawal from or retaking a class without penalty, transferring class sections, alternative course completion options, adjustment of on-campus work schedule, and access to academic support (e.g., tutoring).  

  • Additional Interim Measures

While an investigation is pending, the University may provide for no contact orders or changing students’ living arrangements or course schedule.

  • Counseling Services

Referral to counseling services through a local agency is available through the Womack Student Life Center.  Contact the Director of Student Care for help in locating an off-campus counseling resource (916.577.2322 or care@jessup.edu).

These remedies may be applied to one, both, or multiple parties involved.  The University will address reports of violations of this policy through the judicial process.

Limited Immunity

WJU will work with victims to ensure their safety as much as possible and to remedy the situation.  To encourage reporting, the University pursues a policy of limited immunity from being held responsible with policy violations related to the particular incident.  While violations to policy cannot be completely overlooked, the University will provide educational options.

Confidentiality

WJU receives all reports of sexual misconduct with the utmost gravity and encourages those who have experienced any form of sex discrimination to report the incident promptly, to seek all available assistance, and to pursue University conduct charges and criminal prosecution of the offender.

Individuals who desire confidentiality and privacy related to incidents of sexual discrimination, sexual harassment, and sexual violence are encouraged to seek University counseling services or campus ministry staff.

Those who have disclosed sexual misconduct should know that other university employees (Residence Directors, Campus Safety Officers, faculty and staff members, etc.), excluding University Counseling Center staff or Campus Pastors who may be bound by confidentiality standards, will report sexual misconduct to the Title IX Coordinator.

While the complainant may request confidentiality, s/he needs to know that the request will be weighed against the seriousness of the allegation(s), that the University’s ability to respond may be limited, and the FERPA rights of the respondent might be implicated.  University employees involved in the investigative process receive instruction about respecting and safeguarding private information. If the student is a minor, the University is required to report the matter to a law enforcement agency.

Prohibition against Retaliation

The University may not retaliate against individuals for reporting or otherwise opposing discrimination targeted at other individuals or for participating in an investigation of another person’s discrimination complaint (including intimidating, threatening, coercing, or in any way discriminating against the individual).  Discipline for Student Code of Conduct violations that are imposed on students who are found to have engaged in sex discrimination does not constitute retaliation.

False Complaints

Students and employees will not suffer adverse consequences as a result of reporting a matter involving sexual discrimination, sexual harassment, and sexual violence in good faith.  However, the protocol shall not be used to initiate frivolous claims, false claims, or malicious charges without regard to the truth. After the completion of remediation efforts, if the Title IX Coordinator concludes that the complainant’s allegations were false, frivolous, or malicious, then s/he may recommend disciplinary action against the complainant, up to and including termination of employment or expulsion from the University.

Resources

On-campus resources for students are located in the Office of Student Life.  Employee resources are available in the Office of Human Resources.

Emergency response is available through Campus Safety, the RD Hotline, and Stand Up Placer.  In the case of a sexual assault, the following may be contacted for victim assistance:

  • WJU Campus Safety Hotline: 916.521.0776 (who will contact Resident Director on call)
  • WJU RD Hotline: 916.577.8020
  • Stand Up Placer, 24 Hour Crisis Hotline: 800.575.5352

A list of off-campus resources is maintained in the Office of Student Life.  Referral to counseling services through a local agency is available; contact the Director of Student Care.  In searching for counseling services, it is recommended that the complainant consult their insurance provider to determine what the insurance may cover, as the complainant may want to seek a provider authorized by the insurance company

INVESTIGATIVE AND DISCIPLINARY PROCEDURES

The Title IX Coordinator has the authority to investigate allegations of discrimination prohibited by Title IX even absent the filing of a formal complaint, lack of participation by the complainant, or in the event that a complaint is withdrawn. In addition, the Title IX Coordinator may proceed with investigating a formal or informal complaint even if a complainant specifically requests that the matter not be pursued, if it is determined that an investigation is necessary to comply with the university’s regulatory obligations. In such a circumstance, the Title IX Coordinator or designee will take all reasonable steps to investigate and respond to the matter in a manner that is informed by the complainant’s articulated concern about pursuing the matter further.

The status of the respondent will determine which office will investigate and adjudicate the complaint.  Decisions made regarding an alleged sexual misconduct violation are ultimately based upon what the university would consider being “a reasonable belief” of what occurred/“preponderance of evidence” and not upon “rules of evidence” similar to that of a court legal system.  When there is a “preponderance of evidence,” the evidence in support of the question at issue is of greater weight or more convincing than the evidence in opposition to it; that is, the standard is whether based on the evidence it is more likely than not that what is alleged is true.

Investigation and disciplinary procedures are contained in the appropriate handbook found online:

Students

  • Dean of Students

Faculty

  • Provost (respondent is faculty or staff member in the role of instructor)

Employee

  • Human Resources (respondent is an employee)

Individuals found to have engaged in sexual harassment, stalking, and/or sexual violence will be subject to disciplinary actions, which could include written warnings placed in the respondent’s personnel or student file, participation in appropriate education or counseling, no contact order, termination of employment or non-renewal of an employment contract, suspension or dismissal from academic programs, exclusion from university activities, and suspension or expulsion from the University.

EDUCATION, TRAINING, AND AWARENESS

Consistent with institutional values that reflect respect for others, the University educates its members as to how to identify and prevent sexual discrimination, sexual harassment, sexual violence, and other inappropriate behavior.  With this knowledge, University members become more sensitized and can help keep the University community free of these behaviors. Although this is not intended to be an exhaustive list, the following steps support these efforts:

  • The Title IX Policy is disseminated through multiple media, including, but not limited to, publications (e.g., catalogs, handbooks, etc.), the University website and portal, orientations, awareness programs, and placement in prominent campus locations.
  • The Title IX Contact poster is displayed on the main campus, at non-main campus locations, and on the University website.
  • New employees are advised of policies and procedures during orientation.
  • Online training for all new students and transfer students.
  • Residents are advised of policies and procedures during residence life orientation.
  • By virtue of their contracts, faculty (including adjuncts) are expected to become familiar with policies and procedures.
  • Annual Title IX and sexual assault prevention education for resident advisors, orientation leaders, and student government.
  • Annual Title IX and sexual assault prevention education for athletes and coaches.
  • Students involved in practicums, student teaching, and other off-campus study are advised of policies and procedures before they begin their studies.

 

In addition to the University’s continuing sexual harassment and Title IX training, the University conducts  primary prevention and awareness programs for incoming students and new employees concerning:

    • Domestic violence, dating violence
    • Sexual Assault
    • Stalking
    • Safe options for bystander intervention
    • Information on risk reduction to recognize warning signs of abusive behavior
    • Ongoing prevention and awareness described in said programs

Additionally, Campus Safety provides safety whistles, safety escorts, safety videos, and safety and prevention presentations.

Training for those with Title IX Responsibilities

All university officials involved from the initial investigation to the completion of the process (i.e., investigators, adjudicators, appeals committee, etc.), have received, at minimum, an annual training on the issues related to dating violence, domestic violence, sexual assault, and stalking, and on how to conduct an investigation and hearing process that protects the safety of victims and promotes accountability. The proceedings will be conducted by officials who do not have a conflict of interest or bias for or against the complainant or the respondent. If the complainant or respondent believes any university official in the proceeding is not suited to perform their role because of bias or conflict of interest, he or she must notify the Title IX Coordinator within five calendar days of learning the identity of the official and his/her role.

 

Bystander Intervention

If acts of violence against other individuals are observed, the University encourages bystanders to intervene, if possible to do so without risking further harm:

  • Dial 911
  • Contact Campus Safety
  • Yell, draw attention to the situation so as to frighten the perpetrator
  • Remain in the area as a witness