Central Washington University will not tolerate sexual assault, sexual violence, or sexual misconduct in any form. The university affirms respect, responsibility and caring among all persons within the community. Allegations of sexual assault by students will be administered by the office of the dean of student success.
The university is committed to preventing all forms of sexual assault, sexual violence, or sexual misconduct and to providing accessible, responsive services for dealing with such offenses. Sexual assault on the part of any member of the university community is clearly inconsistent with Central Washington University values. It is also considered a form of sexual harassment in violation of the university student rights and responsibilities policy, as well as a violation of state and federal law.
1. Sexual Violence:
- Refers to physical and sexual acts that are unwanted or where a person cannot give consent either due to incapacitation as a result of consumption of alcohol or other drugs or inability to give consent due to an intellectual, psychological, or other disability. A number of acts fall into the category of sexual violence including rape, sexual assault, sexual battery, and sexual coercion. All such acts of sexual violence are forms of sexual harassment covered under Title IX. These acts are typically committed using threats, coercion, physical force, and intimidation.
- Includes recklessly engaging in conduct which creates a substantial risk of physical harm to another person.
2. Consent requires an agreement between the parties involved to share some type of sexual activity and must include the following elements:
- It must be informed. Parties must be able to effectively communicate and agree on the type of sexual activities that will be shared. Either partner has the right to change his/her mind, at any time and is responsible for communicating that change to his/her partner.
- Either partner in a relationship may modify or terminate agreements at any time.
- Consent is a free choice if it has been granted without the use of force (real or imagined), threats, intimidation, coercion or fraud.
- It is the responsibility of the person that initiates any type of sexual activity to obtain the other person's consent.
- Consent to one type of sexual act does not imply consent to other forms of sexual activities
- Silence, or a previous sexual relationship, or a present relationship with the person who initiates the sexual activity, should not be interpreted as consent.
- The way a person dresses does not imply consent for any form of sexual contact.
- Accepting an invitation for a meal or date is not consent, nor does it imply consent.
- Consent will not be effective when it is obtained from a person whose capacity to consent is diminished. Consumption of alcohol or drugs is never an excuse or justification for sexual assault.
C. Reporting and Assistance
The university's highest concern is for the emotional and physical well-being of sexual assault victims. The victim shall have access to the full complement of university services that can help students maintain emotional and psychological well-being and provide for the safety of the victim. These include, but are not limited to, assistance in changing academic and living arrangements if these changes are reasonably available. The University Sexual Assault Response Coordinator will be the official first point of contact, other than police, for facilitating victim access to all needed services. Sexual Assault Coordinator contact: telephone: 509-963-3233 or email Andrea Easlick at firstname.lastname@example.org. Other departments, if contacted first, will make a referral to the Sexual Assault Response Coordinator.
If a reporting party has a complaint with a non-student member of the University community, they should contact the Administrator for Equal Opportunity and Professional Development at 509-963-2205 or by e-mail at email@example.com.
Any member of the University community may file a third party report with the Sexual Assault Response Coordinator, Student Medical and Counseling Clinic or CWU Police Services detailing an incident involving sexual misconduct. It is important to note that the university cannot initiate student conduct action or a criminal complaint against the accused based on a third party report unless the name of the alleged perpetrator is provided. The report is encouraged, none the less, as it can provide useful information for protecting the community-at-large and connecting similar reports while protecting the victim's anonymity.
D. Recourse and Disciplinary Actions (Grievance Procedures)
The University will pursue disciplinary action when it is found that sexual violence has occurred.
Retaliation against a reporting party or any other party associated with a report of sexual misconduct is a clear violation of the student code of conduct and provides for appropriate sanctions.
A reporting party has the right to avoid face-to-face interaction with the offender during any campus conduct hearings. She/he also has the right to appeal the findings of investigations conducted by the office of student success.
The privacy of all parties involved in a complaint of sexual misconduct will be respected. However, under Title IX, CWU has an obligation to fully investigate allegations of sexual misconduct. This means exchange of information will only occur on a need to know basis. People not directly involved in the investigation will not have access to information and/or written materials. Violations of the privacy of the complainant or the accused student may lead to conduct action by the University. In all complaints of sexual misconduct, the complainant will be informed of the outcome in writing. Certain university administrators may be informed on a confidential basis (e.g. dean of student success, director of residence life and new student programs, Title IX Coordinator, etc.). If an act of sexual misconduct is reported, local police may be notified. Unless permission is given by the reporting party, the report will be made anonymously and will not identify the reporting party. This does not mean charges will be automatically filed or that the reporting party must speak with police, but the University is required to notify law enforcement authorities. CWU also must statistically report the occurrence of campus major violent crimes, including certain sex offenses, in an annual report of campus crime statistics. This statistical report does not include personally identifiable information.
2) Naming the Accused
The University will conduct an investigation of sexual misconduct as part of the student conduct process when the reporting party has named the accused. If the reporting party does not name the accused, the University is limited in its response. The University reserves the right to investigate reports of sexual misconduct when allegations provide enough identifiable information that the University is aware that there is a violation of the University’s nondiscrimination policy, or discriminatory behavior, may have occurred.
[PAC: 11/17/04, BOT: 12/3/04; Motion 04-54: Responsibility: Dean of Student Success; Authority: Marilyn A. Levine; Reviewed/Endorsed by: Provost’s Council 7-24-2012; Cabinet/UPAC; Review/Effective Date: 05/01/2013; Approved by: James L. Gaudino, President]
CWUP 8-0 Student Affairs and Enrollment Management