CWUP 8-40

Student Life

• 8-40-010 Waiver of Mandatory Student Fees
• 8-40-040 Services and Activities Fee
• 8-40-050 Student Sexual Assault Response

CWUP 8-40-010 Waiver of Mandatory Student Fees

Mandatory student fees are fees initiated by students for programmatic purposes. Students may request an appeal of some of the fees under specific circumstances. A request for an appeal does not constitute an approval of that request; decisions regarding appeals are made on a case-by-case basis by a committee constituted through Student Engagement and Success.

The following mandatory student fees may not be appealed: Student Technology Fee; Central Transit Fee; Athletic Fee; Services and Activities Fee, Math and Writing Tutoring Fee, and Student Lobby Fee.

See CWU procedure, CWUR 4-20-010, for information to request an appeal of the Student Health and Counseling Fee, Student Union Building Fee, Student Wellness Fee, or Student Recreation Center Fee.

[Responsibility: Student Engagement and Success; Authority: Student Engagement and Success; Reviewed/Endorsed by: Student Engagement and Success, Provost’s Council, F&A 12/2013; ELT, 02/27/2013; UPAC, 03/06/2013; Review/Effective Date: 03/06/2013; 6/13/2018; 05/08/2023; Approved by: A. James Wohlpart, President]

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CWUP 8-40-040 Services and Activities Fee

STUDENT SERVICES & ACTIVITIES FEE GUIDELINES

CENTRAL WASHINGTON UNIVERSITY

These Student Services & Activities Fee Guidelines are established by the CWU Board of Trustees pursuant to RCW 28B.15.045 to assist the students and administration in implementing the provisions of RCW 28B.15.041, RCW 28B.15.044, and RCW 28B.15.045 relating to the programs, services, and activities funded through student services and activities fees (S&A fees). These guidelines are intended to give students a strong voice in presenting recommendations to the board of trustees regarding the allocation of S&A fees.

(1) SERVICES & ACTIVITIES FEE COMMITTEE

There is hereby established the CWU Student Services & Activities Fee Committee reporting for administrative purposes to the dean of student success.

(A) Committee Structure               

1. Committee Members. The S&A fee committee shall consist of nine to thirteen voting members, which includes the ASCWU Student Government (ASCWU-SG) executive vice president, and two ex officio nonvoting members.

2. Ex Officio Members. The dean of student success (or the dean’s designee), and the student funds financial manager shall serve as the two ex officio nonvoting members.

3. Student Members. All voting committee members shall be students, with one being the ASCWU-SG executive vice president and the remaining being recommended by the ASCWU-SG and appointed by the Dean of Student Success. The student members will serve a one-year term and may be reappointed.

a. Student Representation. Student members should represent the diversity of the student body and its varied interests. ASCWU-SG is responsible for making every effort to ensure that there should be student representation from each of the four academic colleges, non-traditional student representation, student representation who reside on campus, and representation to the university centers.

b. Academic Standing. Student members must be in good academic standing at the time of their appointment and for the duration of their term. Students who fall below good academic standing during their appointment on the committee will have to vacate their position and ASCWU-SG will work to quickly recommend a replacement to the Dean of Student Success for the remainder of the appointment term.

c. Preferred Qualifications. Student members should have general knowledge of and/or the ability to understand university policies, procedures, and budgets in addition to having knowledge of the programs, services, and activities funded through S&A fees.

d. Student Appointments. Prospective student members may be interviewed by the executive vice president of the ASCWU-SG and an attempt made to nominate/recommend by the ASCWU-SG by the end of Spring Quarter of each academic year. The Dean of Student Success shall appoint the student committee members no later than the third week of classes of fall quarter.

e. Student Appointments – Summer. If there is need to convene the committee during Summer Quarter or prior to the start of Fall Quarter, ASCWU-SG can nominate/recommend temporary alternative student members to serve on the committee. These student members shall be appointed by the Dean of Student Success.

4. Faculty Members. Three of the non-voting committee members shall be faculty members appointed by the provost/vice president for academic & student life from among those faculty recommended by the faculty senate. The faculty members will serve staggered four-year terms and may be reappointed.

a. Faculty Representation. Faculty members should represent the diversity of the academic departments and their varied interests. So far as practicable, there should be diverse faculty representation from amongst the four academic colleges.

5. Committee Officers. The committee will elect three of the student members to serve as committee chair, vice chair, and parliamentarian. The chair, vice chair, and parliamentarian will serve a one-year term and may be reelected.

a. The chair shall be responsible for overseeing the general business meetings of the committee and will work with the advisor on setting the agendas and responding to communications received.

b. The vice chair will assume the duties of chair when the chair is unable to serve. The vice chair is also responsible for convening and chairing most S&A sub-committees.

c. The parliamentarian will assume the duties of the chair when the chair and vice chair are unable to serve. The parliamentarian is responsible for ensuring that the committee is following appropriate parliamentary procedure during their meetings.

6. Committee Advisor. The dean of student success (or designee) will serve as advisor to the committee.

(B) Committee Meetings

1. Training Meetings. The first two meetings of the S&A fee committee during the academic year will be reserved for training purposes. Members of the ASCWU-SG are encouraged to attend these meetings.

2. Regular Meetings. Regularly scheduled meetings of the S&A fee committee will be held during the regular academic year while classes are in session at a time and place to be established by the committee at its first meeting. The committee chair and/or advisor will notify members if any scheduled meeting is cancelled. Additional meetings may be called by the committee chair in consultation with the committee advisor. The chair and/or advisor will notify members of the time and place of such additional meetings, giving as much notice as practicable in the circumstances.

3. Public Comment. Meetings of the S&A fee committee shall be open to the public and the committee shall provide an opportunity for all viewpoints to be heard at a public meeting during the committee’s consideration of funding requests. Published meeting agendas should include the name of each group requesting funding and a brief description of each request. The ASCWU-SG and CWU administration may address the committee regarding any issue during the public comment portion of the meeting or by requesting to be included on the agenda. The committee may meet in executive session if permitted by law as determined in consultation with the assistant attorney general. The committee will otherwise follow any applicable guidelines for public meetings as provided in the Open Public Meetings Act, RCW 42.30.

4. Voting and Disclosure Requirements.

a. Voting. Committee members must be in attendance to vote. Voting by proxy will not be allowed.

b. Conflicts of Interest. Committee members are required to disclose their relationships and/or any conflicts of interest with respect to any groups or organizations that are requesting or receiving funding through S&A fees. Committee members who have authority over, who work for, or who receive any type of benefit from, such groups shall abstain from the voting concerning such groups, but may participate in the committee’s discussions in the same capacity as a member of the general public during public comment or if called upon to answer a question by a voting committee member.

5. Attendance.

a. Requirements. Committee members are expected to attend all committee meetings and to provide prior notice if they are unable to attend a meeting.

b. Excused Absences. An excused absence requires prior notice to the committee chair and/or advisor.

c. Removal. A committee member who is not fulfilling their responsibilities on the committee with more than two unexcused absences per year, or who the chair or advisor feel is abusing excused absences, may, by a vote of the committee, have their name submitted to the appropriate appointing authority for removal from the committee. The committee member will be given notice one week in advance of the committee vote.

(2) S&A FEE BUDGETING PROCEDURES

(A) General Guidelines

1. Budget Information. The student funds financial manager will provide the S&A fee committee as needed with information regarding anticipated S&A fee revenues, debt service costs, and other pertinent financial data.

2. University Notification. The S&A fee committee will provide information in a timely manner to the university community concerning the guidelines, procedures, and timelines for reviewing funding requests, conducting budget hearings, allocating available funds, and reviewing funded budgets.

3. Funding Priorities. The S&A fee committee must give priority consideration to, in order of priority: preexisting contractual obligations, debts already incurred, legal obligations, contracted agreements recognized and approved by the committee, the Student Union and Recreation Center and support costs, and stability for programs affecting students.

4. Budget Proposals. The S&A fee committee will accept budget proposals from previous funding recipients as well as new proposals for S&A funding. Giving first priority to the obligations referenced in section (2) (A)

3, Funding Priorities, immediately above, the committee will proceed to evaluate funding requests and to prepare recommendations for the allocation of S&A fees, with supporting documentation. All requests, whether new or continuing, will be evaluated in accordance with how the funding proposals will benefit CWU students.

5. SURC Reserve Fund. The S&A fee committee may recommend allocating a portion of the available funds to the reserve account for the Student Union and Recreation Center (SURC). The union board will have a strong voice in the utilization of those funds, subject to final approval by the dean of student success.

6. S&A Fee Reserve Fund. The S&A fee committee may recommend allocating a portion of the available funds to the services & activities fee reserve fund. The S&A reserve fund shall maintain a minimum reserve balance of $500,000 as emergency reserve for supplemental funding in accordance with section (2) (E), Supplemental Funding Procedures, below.

(B) Changes in Services & Activities Fees

1. S&A Fee Changes. S&A fees shall be established by the board of trustees on recommendation of the CWU administration. Pursuant to RCW 28B.15.069, S&A fees may be (but are not required to be) increased annually by a percentage not to exceed the annual percentage increase in resident undergraduate tuition.

2. Initiation of Fee Changes. The S&A fee committee and/or CWU administration may initiate a request that the board of trustees approve an increase or decrease in S&A fees. Recommended changes will be reviewed by the S&A fee committee, the ASCWU-SG, and CWU administration prior to submitting a recommendation to the board of trustees. Disputes between the S&A fee committee and CWU administration, if any, will be resolved in accordance with the dispute resolution procedures provided in section (4) (A), S&A Fee Change and Allocation Disputes, below.

3. Timeline for Approval of Fee Changes. Proposed changes in the amount of S&A fees must be published at least twenty-one calendar days before the board of trustees meeting in which they are being presented in order to comply with the public notice and comment requirements of RCW 28B.15.067.

(C) Base Funding Allocation Procedures

1. Solicitation of Funding Requests. No later than October 1st of every fourth year (beginning October 2008), the S&A fee committee will publicize the timeline for considering proposals for funding of programs, services, and activities through S&A fees for the next four-year funding cycle. A notice will be published in the first issue of the university’s official student newspaper for the academic year inviting recognized clubs and organizations at the Ellensburg campus and university centers to submit proposals. A notice will also be sent via email directly to all existing base funding units.

2. Submission of Funding Requests. Base funding proposals must be submitted to the dean of student success no later than December 1st of every fourth year (beginning December 2008). To facilitate the development of such proposals, the student funds financial manager will provide training and/or assistance to organizations for the purpose of forecasting funding needs.

3. Committee Review. The S&A fee committee will begin hearing base funding requests no later than the third week of classes during winter quarter. The presentation of funding requests will be limited to ten minutes for each presentation, with ten additional minutes allowed for questions, for a total of twenty minutes. The committee reserves the right to recall presenters to provide additional information and respond to further questions.

4. Administrative Review. The S&A fee committee shall submit recommended S&A base funding allocations, with supporting documentation, no later than the last week of March to the ASCWU-SG and to the CWU administration, to include the Vice-President of Business and Financial Affairs, through its dean of student success. The ASCWU-SG and the CWU administration by its dean of student success shall provide a written response, with supporting documentation, to the S&A fee committee no later than the last week of April. The response from the dean of students shall outline potential areas of difference between the recommendations of the S&A fee committee and the proposed budget recommendations of the CWU administration. Disputes between the S&A fee committee and CWU administration will be resolved in accordance with the dispute resolution procedures provided in section (4) (A), S&A Fee Change and Allocation Disputes, below.

5. Board of Trustees Review. Proposed S&A base funding allocations must be submitted for consideration by the board of trustees at or before its regular meeting during spring quarter. Student representatives from the S&A fee committee shall have the opportunity to address the board before decisions are made regarding recommended S&A fee budgets and/or any disputed matters pursuant to section (4), Dispute Resolution Procedures, below. Final action shall be by the board of trustees, which, pursuant to RCW 28B.15.045, shall adhere to the principle that the desires of the S&A fee committee be given priority consideration with respect to funding proposals that do not fall into the categories of (a) preexisting contractual obligations, (b) bond covenant agreements, or (c) stability for programs affecting students.

(D) Annual Adjustments to Base Funding Allocations

During each year of each four-year funding cycle, the S&A fee committee will evaluate the impact of inflationary or other costs on base funding allocations and may, in the committee’s discretion, propose adjustments to those allocations. The recommended adjustments will be subject to the review and approval procedures under section (2) (C), Base Funding Allocation Procedures, above.

(E) Supplemental Funding Procedures

1. Supplemental Requests. Groups and organizations receiving S&A funding are expected to operate within their base funding allocations. The committee recognizes that circumstances may arise for base funded units beyond what was initially planned during the base funding allocation process. Base funded units may make funding requests outside of the base funding allocation process and those requests will be considered as supplemental funding requests.

2. Evaluation Criteria. The S&A fee committee will evaluate supplemental funding requests in accordance with the following criteria listed in order of funding priority:

a. First Priority. The request pertains to conditions that were not reasonably anticipated at the time of the base funding request (such as the acquisition of essential equipment due to loss, destruction, premature failure, etc.).

b. Second Priority. The request pertains to opportunities to add, expand, or enhance programs, services, or activities that do not result in the addition of non-student payroll positions.

c Third Priority. The request pertains to opportunities to add, expand, or enhance programs, services, or activities that do result in the addition of non-student payroll positions.             

d. New Programs. New programs, or programs not historically funded through S&A fees, may be funded in the discretion of the S&A fee committee using the above criteria as guidelines.

e. Emergency Requests. Supplemental requests to fund amounts already committed will not be approved unless such expenditures are determined by the S&A fee committee to be necessary for the safety of the university community or for the protection of CWU and/or ASCWU property and equipment.

f. Base Funding Increases. Supplemental requests for increases in base funding allocations may be considered, for good cause shown, in accordance with the criteria set forth above for evaluating supplemental funding requests.

3. Supplemental Funding Limitations. Notwithstanding the above provisions for evaluating supplemental funding requests, such requests will not be funded if such funding would cause the services & activities fee reserve fund to fall below $500,000, except with respect to unforeseen conditions substantially impairing existing contractual obligations, including but not limited to bond covenant obligations or the operation of the SURC.

4. Supplemental Budget Hearings.

a. Submission of Supplemental Requests. The S&A fee committee will conduct hearings on supplemental funding requests on as-needed basis as determined by the committee chair in consultation with the committee advisor. A group or organization requesting supplemental funding must notify the committee chair in writing via the committee advisor. Unless otherwise approved, supplemental requests must be received no later than fifteen academic work days in advance of the requested committee hearing.

b. Student Funds Manager Review. The student funds financial manager must review all supplemental funding requests before such requests can be placed on the committee’s agenda. No funds may be expended or committed, nor may any contracts be executed, before supplemental funding is approved by the S&A fee committee and board of trustees.

c. Committee Review. Upon receiving one or more supplemental funding requests, the committee chair and/or advisor will notify the committee, the requesting party (or parties), and the university community of the date, time, and place of the supplemental budget hearing(s). The hearing(s) will be conducted in the same manner as the committee hearings for base funding requests.

d. Administrative Review. The S&A fee committee shall submit its recommendations regarding supplemental funding requests to the ASCWU-SG and to the CWU administration through its dean of student success. The ASCWU-SG and the CWU administration will provide a written response to the committee outlining any identified concerns with the committee’s recommendations. Recommendations as to which there is a disagreement between the S&A fee committee and the CWU administration will be resolved in accordance with the dispute resolution procedures provided in section (4) (A), S&A Fee Change and Allocation Disputes, below.

5. Board of Trustees Review. Final approval of supplemental funding proposals shall be by the board of trustees, except that the university president (or the president’s designee) shall have delegated authority to approve supplemental requests under twenty-five thousand dollars per request.

(3) S&A FUND MANAGEMENT

(A) Administration of Funds

1. Fund Management. S&A fees, as well as revenues generated by programs, services, or activities funded by such fees, shall be deposited, expended, and accounted for through the office of the vice president for business & financial affairs. Such funds shall be managed in accordance with applicable state laws and institutional policies or procedures, including but not limited to the State Budgeting & Accounting Act, RCW 43.88.

2. Fund Transfers. With the exception of any funds needed for bond covenant obligations, once the budget for expending S&A fees is approved by the board of trustees, S&A funds shall not be shifted from any budgeted S&A fund account, or from the services & activities fee reserve fund, to any other fund account unless the CWU Administration provides written justification for the proposed transfer and the transfer is approved by the S&A fee committee and by the board of trustees. In the event of a dispute among the S&A fee committee, the CWU administration, and/or board of trustees, such dispute shall be resolved pursuant to the dispute resolution procedures provided under RCW 28B.15.045(12) and section (4) (B), Fund Transfer Disputes, below.           

3. Budget Review, Accounting, and Reporting.

a. Excess Fee Revenues. Any S&A fee revenues collected that are in excess of initially budgeted and allocated amounts will be subject to RCW 28B.15.045(13) and all applicable provisions of these S&A Fee Guidelines.

b. Over-Expenditures. Groups receiving S&A fund allocations are expected to expend and/or commit no more than the maximum amounts allocated. Over-expended fund accounts will result in an account deficit carrying forward to the subsequent year, thus reducing available funds. Repeated and/or egregious overspending will result in the account being placed in probationary status and may result in the denial of future funding. Conditions of probationary status will be determined by the S&A fee committee and shall include mandatory periodic budget reports to the committee and to the dean of student success.

c. Under-Expenditures. Unused S&A fund allocations may be carried forward from one academic year to the next, but may not be carried forward beyond the fourth year of each four-year funding cycle. Exceptions may be approved by the S&A fee committee, but only in advance and for good cause shown.

d. Unexpended Salary. If S&A funds are allocated to fund a staff position, and the position remains vacant for six consecutive months, any salary savings resulting from the unfilled position will revert to the S&A fee committee for reallocation of those funds.

e. Unused Supplemental Funds. Approved supplemental funds that are not expended within 60 days of the original requested expenditure date, unless under contract, may be called back for review by the S&A fee committee. The S&A fee committee may determine to continue the funding with an updated expenditure date or may revert the funds to the S&A fee committee for reallocation.

4. Annual Reports. No later than December 1st of each year, each recipient of S&A funding must submit a written report to the S&A fee committee and to the dean of student success describing:  (a) how allocated S&A funds were used; (b) any funds provided in addition to S&A funds in support of the funded program, service, or activity; (c) any approved transfers from one S&A fund account to another; and (d) the specific program, service, or activity supported by S&A funds (e.g., type and location of the program or service, the number of students directly or indirectly served, and how they benefited). Failure to submit the required annual reports may result in the denial of further funding.

5. S&A Committee Review. The responsibility for recommending program priorities and S&A funding levels for that portion of program budgets derived from S&A fees shall reside with the S&A fee committee. The committee reserves the right, for good cause shown, to review and recommend changes at any time to any S&A base funding allocation.

6. Public Information. Information pertaining to S&A fees budgets shall be made available to interested parties pursuant to the Public Records Act, RCW 42.56. In addition, by September 30th of each year, the S&A fee committee, in coordination with the CWU administration, shall post S&A fees expenditure information for the prior academic year on the CWU website so that the information is clearly visible and easily accessible to students and the public. At a minimum, such information must include all major categories of expenditure and the amounts expended in each category.

(4) DISPUTE RESOLUTION PROCEDURES

(A) S&A Fee Change and Allocation Disputes

Disputes between the S&A fee committee and CWU administration regarding recommended S&A fee changes and/or funding allocations will be resolved in accordance with the dispute resolution procedures provided under RCW 28B.15.045(6), (7), and (8), as now or hereafter adopted, and the remaining provisions of this section (4) (A), S&A Fee Change and Allocation Disputes.

1. S&A Fee Committee. In the event of a dispute or disputes involving the S&A fee committee recommendations, the CWU administration shall meet with the S&A fee committee in a good faith effort to resolve such dispute(s) prior to submitting a final recommendation to the board of trustees.

2. Dispute Resolution Committee. If the dispute is not resolved within fourteen calendar days, a dispute resolution committee shall be convened within fourteen calendar days by the chair of the S&A fee committee. The dispute resolution committee will consist of two nonvoting advisory members appointed by the CWU administration, three voting members appointed by the board of trustees, and three voting student members of the S&A fee committee appointed by the S&A fee committee chair. The S&A fee committee chair will also appoint a student member of the S&A fee committee to serve as a nonvoting chair of the dispute resolution committee.

3. Dispute Resolution Procedures. Meetings of the dispute resolution committee shall be open to the public. The dispute resolution committee shall meet in good faith and shall settle by vote any and all disputes. In the event of a tie vote, the chair of the dispute resolution committee shall vote to settle the dispute.

4. Board of Trustees. The board of trustees may take action on those portions of the S&A fee budget that are not currently in dispute resolution in accordance with customary budget approval timelines established by the board. The board of trustees shall consider the results, if any, of the dispute resolution committee and shall take action.

(B) Fund Transfer Disputes

Disputes among the S&A fee committee, CWU administration, and/or board of trustees relating to proposed fund transfers will be resolved pursuant to RCW 28B.15.045(12) and the applicable dispute resolution provisions of this section (4), Dispute Resolution Procedures.

(5)  AMENDMENTS

(A) S&A Committee Review

Proposed changes to these S&A Fee Guidelines may be reviewed by the S&A fee committee or by a sub-committee thereof consisting of at least three student members, with the ASCWU-SG executive vice president and the dean of student success (or designee) serving in ex officio capacities.

(B) Administrative Review

The S&A fee committee, upon review of the proposed changes, will submit a recommendation to the ASCWU-SG through its executive vice president and to the president’s cabinet through the dean of student success. In the event of any disagreement, the ASCWU-SG executive vice president and the dean of student success will meet and confer in a good faith effort to resolve the matter.

(C) Board of Trustees Review

The president, giving due consideration to the recommendations of all interested parties, will submit recommended changes for final review and approval by the board of trustees. These Guidelines may also be amended by the board of trustees on its own motion.

[Approved by Board of Trustees June 5-6, 2008]

[Responsibility: Student Success, Reviewed/Endorsed by: S&A Fee Committee and ASCWU-BOD 11/7/12; 4/20/16; Dean of Student Success, 11/21/12; 5/16/16; Approved by Provost Council, 6/16/16; 04/26/22; Approved by Board of Trustees, 02/01/13; Updated at UPAC, 02/16/2020; 06/15/2022; Motion 13-04, Res 13-01]

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CWUP 8-40-050 Student Sexual Assault Response

(1) Introduction

Central Washington University (CWU) does 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 misconduct by students will be administered by the Office of Student Rights & Responsibilities under the Office of the Dean of Student Success. Allegations of sexual misconduct by faculty or staff will be administered by Human Resources.

CWU 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 misconduct on the part of any member of the university community is clearly inconsistent with CWU values. It is also considered a form of sexual harassment in violation of university policies and corresponding procedures, including, but not limited to: Title IX: Discrimination and the Basis of Sex and Sexual Misconduct (CWUP 2-35-015), Sexual Harassment (CWUP 2-35-050), Gender Equity (CWUP 2-35-060), Equal Opportunity and Nondiscrimination (WAC 106-72-004), and CWU Student Conduct Code (WAC 106-125), as well as a violation of state and federal law.

(2)  Definitions

(A) Sexual Misconduct: Includes sexual harassment, sexual intimidation, and sexual violence.

1. Sexual Harassment: Unwelcome conduct of a sexual nature, including unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature that is sufficiently serious as to deny or limit, based on sex, the ability of a student to participate in or benefit from the university’s educational program, or that creates an intimidating, hostile, or offensive environment for any campus community member(s).

2. Sexual Intimidation: Incorporates the definition of “sexual harassment” and includes threatening or emotionally distressing conduct based on sex, including stalking (or cyberstalking), voyeurism, indecent exposure, or the nonconsensual recording of sexual activity or distribution of such recording. Stalking is defined as engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for such person’s safety or the safety of others, or to suffer substantial emotional distress.

3. Sexual Violence: Incorporates the definition of “sexual harassment” and includes a physical sexual act perpetrated against a person’s will or where the person is incapable of giving consent, including rape, sexual assault, sexual battery, and sexual coercion. The term further includes acts of dating or domestic violence. A person may be incapable of giving consent by reason of age, threat or intimidation, lack of opportunity to object, disability, drug or alcohol consumption, unconsciousness, or other cause.

(B) Consent: Requires an agreement between the parties involved to share some type of sexual activity and must include the following elements:

1. It must be informed. Parties must be able to effectively communicate and agree on the type of sexual activities. Any party has the right to change their mind, at any time. There must be a clear indication that consent is being withdrawn.

2. Any party may modify or terminate agreements at any time.

3. Consent is a free choice when it has been granted without the use of force (real or imagined), threats, intimidation, coercion or fraud.

4. It is the responsibility of the party that initiates any type of sexual activity to obtain consent from all individuals involved.

5. Consent to one type of sexual act does not imply consent to other forms of sexual activities.

6. Silence, or a previous sexual relationship, or a present relationship with the party who initiates the sexual activity, should not be interpreted as consent.

7. The way an individual dresses does not imply consent for any form of sexual contact.

8. Accepting an invitation for a meal or date is not consent, nor does it imply consent.

9. Consent cannot be obtained from an individual whose capacity to consent is diminished by drug or alcohol consumption, unconsciousness, or other cause.

(3) Reporting and Assistance

CWU's highest concern is for the emotional and physical well-being of all individuals. The recipient of unwanted behavior shall have access to the full complement of university services that can help individuals maintain safety and well-being. These include, but are not limited to, assistance in changing academic, work, and living arrangements if these changes are reasonably available.

(A) If victim is a student:

The university Violence Prevention & Response Coordinator will be the official first point of contact, other than police, for facilitating victim access to all needed services and reporting options for students. Violence Prevention & Response Coordinator contact: Telephone: 509-963-3213 or email: VPRC@cwu.edu. Other departments, if contacted first, will make a referral to the Violence Prevention & Response Coordinator.

(B) If victim is a faculty/staff member:

The CWU Title IX Coordinator will be the official first point of contact, other than police, for facilitating victim access to all needed services and reporting options for faculty or staff. Title IX Coordinator contact: telephone: 509-963-2031 or email: Thomas.Pedersen2@cwu.edu. Other departments, if contacted first, will make a referral to the Title IX Coordinator.

Reporting:

Any member of the university community may file a report of sexual misconduct through the university’s Behaviors of Concern online reporting mechanism. Reports involving a faculty or staff member may be made to the Title X Coordinator, 509-963-2031, Thomas.Pedersen2@cwu.edu. Third party reports may also be filed with the Violence Prevention & Response Coordinator, Title IX 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 disciplinary action or a criminal complaint against the accused based on a third party report unless the name of the accused is provided. The report is encouraged, nonetheless, as it can provide useful information for protecting the community-at-large and connecting similar reports while protecting the victim's anonymity.

(4) Recourse and Disciplinary Actions (Grievance Procedures)

The university will initiate an investigation and pursue potential disciplinary action through the appropriate office when it is reported that sexual misconduct has occurred and the accused is identified.  Faculty and Staff are encouraged to utilize Discrimination Complaint and Resolution Policy (CWUP 2-35-070) and Discrimination Complaint and Resolution Procedure (CWUR 1-30-050).

Retaliation against a reporting party or any other party associated with a report of sexual misconduct is a clear violation of the Student Conduct Code (WAC 106-125-010) and Sexual Harassment (CWUP 2-35-050) and provides for appropriate response and sanctions.

The victim has the option to avoid face-to-face interaction with the accused during any campus investigations or hearings. Parties have the right to appeal the findings of investigations conducted by the Office of Student Rights & Responsibilities or Human Resources.

(5) Miscellaneous

(A) Confidentiality

Under Title IX, CWU has an obligation to fully investigate allegations of sexual misconduct. The privacy of all parties involved in a complaint of sexual misconduct will be respected. 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 victim or the accused student may lead to appropriate disciplinary action by the university. In all complaints of sexual misconduct, the victim and accused will receive a copy of the findings in accordance with university policies and state and federal law. Certain university administrators may be informed on a confidential basis if necessary within the scope of their role. CWU also must statistically report the occurrence of campus violent crimes, including certain sex offenses, in an annual report of campus crime statistics. This statistical report does not include personally identifiable information.

(B) Naming the Accused

The university must conduct an investigation of sexual misconduct through the appropriate office when the accused is identified.  The university is required to investigate reports of sexual misconduct when allegations provide enough identifiable information that the university is aware there is an alleged violation of the above mentioned university policies. If the reporting party does not name the accused, the university is limited in its response but will ensure appropriate services and resources are provided to the victim. 

[PAC: 11/17/04, BOT: 12/3/04; Motion 04-54: Responsibility: Dean of Student Success; Authority: Provost/VP for Academic & Student Life; Reviewed/Endorsed by: Provost’s Council 7-24-2012; 06/03/18; Cabinet/UPAC; Review/Effective Date: 05/01/2013; 06/13/18; Approved by: James L. Gaudino, President]

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