CWUR 3-45

CWUR 3-45-010 Student Discrimination Complaint

(1) General

(A) Central Washington University is committed to providing an inclusive community that is free from discrimination on the basis of gender (including sexual harassment, sexual assault, stalking, and dating or domestic violence), disability, race (including racial harassment), color, creed, religion, ethnic or national origin, sexual orientation, gender identification, pregnancy, marital status, veteran’s status, or age. Central Washington University complies with applicable state and federal laws addressing discrimination.

(B) While individuals who feel they have been discriminated against have the option to file complaints at any time with external enforcement agencies, Central Washington University has adopted these internal procedures to investigate and resolve allegations of discrimination between members of the university community.  Individuals who believe they have been discriminated against by a member of the university community due to their protected status are encouraged to utilize these procedures.  

(C) All individuals who formally bring forward a complaint of discrimination to the institution shall have explained to them the procedures available through the university and the existence of external agencies where complaints may be filed if appropriate.  They shall also receive copies of these Discrimination Complaint Procedures, the Student Conduct Code (WAC 106-125), Equal Opportunity Policies (CWUP 2-35), and any other relevant university policies. To facilitate resolution, individuals are urged to bring their complaints forward as soon as possible after the alleged discrimination.

(D) If an individual brings forward an allegation of discrimination that may involve a violation of state criminal law, the university may notify either CWU Police or Ellensburg Police so they may initiate an investigation. In such cases, the university may choose to temporarily hold off initiating an investigation until the police investigation is complete; however, the university may provide services and support to the complaining party as appropriate during the interim.   

(2) Confidentiality

(A) Confidentiality is essential in matters involving allegations of discrimination. Complainants (those making the complaint), respondents (those alleged to have engaged in discrimination) and participants in these processes are urged to treat all information as confidential.   University personnel will seek to protect the privacy of the complainant to the full extent possible, consistent with the legal obligation to investigate, take appropriate remedial and/or disciplinary action, and comply with the federal and state law, as well as applicable university policies and procedures. Although the university will attempt to honor a complainant’s requests for confidentiality, it cannot guarantee complete confidentiality. Complainants seeking confidential assistance or support may consult with professional staff in the Student Medical and Counseling Clinic or with the Violence Prevention and Response Coordinator and professional staff in the Wellness Center.

(B) University personnel will inform and obtain consent from the complainant before commencing an investigation into a sexual misconduct complaint.  If a sexual misconduct complainant asks that the complainant’s name not be revealed to the respondent or that the university not investigate the allegation, the university will inform the complainant that maintaining confidentiality may limit the university’s ability to fully respond to the allegations and that retaliation by the respondent and/or others is prohibited.  If the complainant still insists that the complainant’s name not be disclosed or that the university not investigate, the Title IX Coordinator or Executive Director of Student Rights, Responsibilities, & Health Promotion (or designees) will determine whether the university can honor the request and at the same time maintain a safe and non-discriminatory environment for all members of the university community, including the complainant.  Factors to be weighed during this determination may include, but are not limited to:

1. The severity of the alleged sexual misconduct;

2. The age of the complainant;

3. Whether the sexual misconduct was perpetrated forcibly or with a weapon;

4. Whether the respondent has a history of committing acts of sexual misconduct or violence or has been the subject of other sexual misconduct complaints;

5. Whether the respondent threatened to commit additional acts of sexual misconduct against the complainant or others; and

6. Whether relevant evidence can be obtained through other means (e.g., security cameras, other witnesses, physical evidence).

If the university is unable to honor a complainant’s request for confidentiality, the university will notify the complainant of the decision and ensure that the complainant’s identity is disclosed only to the extent reasonably necessary to effectively conduct and complete the investigation.

If the university decides not to conduct an investigation or take disciplinary action because of a request for confidentiality, the university will evaluate whether other measures are available to limit the effects of the harassment and prevent its recurrence and implement such measures if reasonably feasible. 

(C) The Violence Prevention and Response Coordinator and other professional staff in the Wellness Center are considered campus-affiliated advocates for students who have experienced sexual assault, dating or domestic violence, or stalking. Complainant communications with, and records maintained by, these staff pertaining to sexual misconduct are considered confidential under RCW 28B.112.030 and, with limited exceptions, are not subject to inspection, copying, or dissemination without the complainant’s consent.

(3) Retaliation and False Complaints

Filing a false complaint is considered to be serious misconduct and such offenses will be subject to the full range of applicable sanctions. A finding that discrimination did not occur will not in itself be the basis for a charge of false complaint. 

The university aims to protect all participants in these proceedings from retaliation. Retaliation means harming, threatening, intimidating, coercing, or taking adverse action of any kind against a person because such person reported an alleged violation, provided information about an alleged violation, or participated in any capacity in a university investigation. Retaliating against participants in these proceedings is serious misconduct, and is subject to the full range of applicable sanctions.

The procedure described in this document will be available to anyone who wishes to allege that a false complaint has been filed or that retaliation has taken place.

(4) Complaints

(A) Complaints of discrimination should include a statement of the facts alleging discriminatory behavior(s), the name of the person(s) who allegedly engaged in the discriminatory act(s), and the date/place where the incident(s) occurred. Contact information (phone number, e-mail and local address) should also be provided. The university may initiate an investigation in the absence of a written complaint.

Complaints pertaining to a student should be submitted to the Office of Student Rights & Responsibilities in the Office of the Dean of Student Success (509-963-1515).

Complaints pertaining to employees of the institution, including faculty and staff, should be submitted to the Thomas Pedersen in the Human Resources (509-963-2031).

Complaints may also be submitted electronically through the university’s Behaviors of Concern reporting mechanism found online through the university’s MyCWU portal.

(B) The professional staff in the applicable office will review the complaint to determine whether the behavior alleged falls within the scope of these procedures and notify the complainant if they do not within fice (5) working days of receipt of the complaint.

During the investigation and until resolution of the incident, interim protective measures or restrictions may be issued as deemed appropriate by applicable university personnel. Interim measures may include, but are not limited to, imposition of university no contact orders, rescheduling classes, temporary work reassignments, referrals for counseling or medical assistance, and interim suspension of the respondent consistent with the Student Conduct Code or employment policies and collective bargaining agreements.

(C) The appropriate office’s executive director (or designee) will select the investigator(s) for the complaint and may discuss the complaint with the Student Consultation Team or Title IX Team if appropriate. Complaints shall be thoroughly and impartially investigated. The university may choose to have complaints investigated by an outside investigator.

(D) The investigator will meet separately with the complainant and respondent and solicit their statements, documents, and the name of all witnesses they wish the investigator to consider interviewing. 

Each party involved may have an advisor of their choice accompany them to interviews or hearings (assuming no conflict of interest will arise and interfere in any way with the investigation process). Complaints involving students will have professional staff present serving as student support advisors for both the complainant and respondent during interviews.

(E) The investigator will then have 20 working days to examine the documentation, interview witnesses, consult with the Student Consultation Team, Title IX team, and Assistant Attorney General as needed, and prepare a written report.   The written report will describe the complainant’s allegation(s) and draw conclusions as to whether the behaviors alleged are more likely than not to have occurred based upon the preponderance of evidence standard utilized in these proceedings. Timelines may be extended by the investigator provided the complainant and respondent are notified in writing.

The investigator will meet separately with the complainant and respondent to share the findings. Both parties will receive a written and electronic summary of the investigator’s findings and any applicable sanctions.

(F) If the evidence supports the allegation(s), disciplinary action against the respondent will be taken.  Remedies for the complainant may also be provided as appropriate.  

(G) The report will remain on file within the appropriate university office for six years.

(5) Appeals

(A) Either party may appeal the decision in accordance with the rules and regulations contained within the Student Conduct Code (WAC 106-125-045) and Equal Opportunity Policies (CWUP 2-35). 

In cases where the respondent is a student, a student conduct appeals form (located in the Office of the Dean of Student Success) must be submitted in writing to the office of the dean of student success. The appeals form must be submitted within 10 days of service of the disciplinary decision where the disciplinary action dismissed the proceedings or imposed a conduct reprimand, conduct probation, or conduct suspension not in excess of ten days. The appeals form must be submitted within 20 days of service of the disciplinary decision where the disciplinary action imposed is a conduct suspension in excess of ten days or a conduct dismissal. Appeal proceedings will follow the procedures outlined in the Student Conduct Code (WAC 106-125-045).

In cases where the respondent is a university employee, an appeal must be submitted in writing to the Office of Equal Opportunity. The written appeal must be submitted within the timelines and in accordance with the procedures outlined in the Discrimination Complaint and Resolution Procedure - Employees (CWUR 1-30-050).

(6) Informal Dispute Resolution

Informal dispute resolution processes, like mediation, may be used to resolve complaints, when appropriate. Informal dispute resolution shall not be used to resolve sexual discrimination complaints without written permission from both the complainant and the respondent. If the parties elect to mediate a dispute, either party shall be free to discontinue mediation at any time.

(7) Campus Resources

CWU Police Services

1211 D Street

Ellensburg, WA 98926

509-963-2959 or 9-1-1

Office of the Dean of Student Success

Bouillon Hall 204

509-963-1515

Office of Student Rights & Responsibilities

Bouillon Hall 205

509-963-1515

Student Medical and Counseling Clinic

Corner of 11th and Poplar

Ellensburg, WA 98926

Medical: 509-963-1881

Counseling: 509-963-1391

Title IX Coordinator

Thomas Pedersen, Title IX Coordinator

Human Resources

509-963-2031

Violence Prevention & Response Coordinator/Wellness Center

SURC 139

509-963-3213

(8) External Avenue for Complaints

(A) Individuals who believe they have been discriminated against because of their protected group status may choose to file a discrimination grievance with any of the agencies below:

Equal Employment Opportunity Commission

http://www.eeoc.gov/

1-800-669-4000

Office for Civil Rights (OCR) - US Department of Education

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

206-684-4500

206-684-4503 (TTY)

Washington State Human Rights Commission

https://www.hum.wa.gov/

1-800-233-3247

1-800-300-7525 (TTY)

[2006; Responsibility: President’s Office; Authority: Cabinet/UPAC; Reviewed/Endorsed by: Cabinet/PAC; Review/Effective Date: 10/05/2011; 06/13/2018; Approved by: James L. Gaudino, President]

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CWUR 3-45-020 University Employees to Request Disability Accommodations

These procedures are governed by the policy on reasonable accommodation of employees and applicants with disabilities. See CWUP 2-35-040(1).

(1) Employee instructions.

(A) Submit Documentation: Employees provides Disability Services (DS) with documentation from a professional or medical expert.

1. Documentation must identify the disability and discuss the functional limitations of the disability that related to the workplace environment.

2. Documentation may include recommendations or guidance for specific accommodations to negate specific functional limitations, but CDS will make final determination.

(B) Accommodation request. Employee notifies DS that he/she is an employee with a
disability and requests an accommodation.

(C) Interactive Process: Employee with participate in an interactive interview and intake meeting with a DS staff member and direct supervisor.

1. The interactive interview will discuss information from the position description, functional limitations, options for addressing those limitations and the employee’s request for services. The final determination of the ADA Accommodation Plan will emerge from this collaborative process.

(D) ADA Accommodation Plan: The Accommodation Plan will be written and signed by the ADA Compliance Officer, the employee, the supervisor of the employee, and the appointing authority of the employee. Copies will be distributed to all signatories and the original will be filed at the DS Office.

1. All information regarding the presence or nature of an employee's or applicant's disability will be treated as a confidential record and is maintained in a secure manner, apart from personnel files and with access restricted to designated personnel on a need to know basis

(2) Other Procedures Instructions.

(A) The DS office has specific procedures for accessing services such as, but not limited to, academic or employment materials in alternative format, communication access services and alternative certification exam facilitation. Employees are expected to know and follow DS policy and procedures.

(B) Any problems in implementation of the Accommodation Plan must be report immediately to the ADA Compliance Officer.

(C) The CWU Discrimination Complaint and Resolution Policy (CWUP 2-35-070) and Procedure (CWUR 1-30-050) may be used to address informal and formal complaints of discrimination based on disability.

(3) Supervisor instructions.

(A) If an employee makes a request for accommodation directly to the supervisor they will be referred to the CDS for assistance.

(B) Supervisors will participate in the interactive process with CDS and the employee.

(C) Supervisor will not make inquiries regarding the existence, nature or severity of a disability with any of employee, including those who have requested accommodation.

(D) Supervisors will honor the confidentiality of all information related to disability.

(E) Supervisors will be prepared to discuss with new employees whether they have a disability which will require reasonable accommodation. If the answer is "yes," such employees will be provided with copies of the university's policy on reasonable accommodation and procedures for university employees to request disability accommodations.

[Responsibility: CFO/BFA; Authority: Cabinet/UPAC; Reviewed/Endorsed by:
Cabinet/PAC; Review/Effective Date: 9/5/12; Approved by: James L. Gaudino, President]

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CWUR 3-45-025 Accessible Technology Procedure

These procedures support CWUP 2-35-045 Accessible Technology and are in accordance with federal and state laws including the Americans with Disabilities Act of 1990 (ADA), and the Amendments Act of 2008, and Section 504 of the Rehabilitation Act of 1973, Section 508 of the 1973 Rehabilitation Act as amended, and Title 18, Chapter 5, Part 603, and the State of Washington OCIO policy 188.

(1) Purpose

The purpose of these procedures is to provide processes by which university administrators, faculty, and staff will create, obtain and maintain all information technology in a manner that ensures that technology is accessible to individuals with disabilities. 

These procedures apply to the following areas:

  • Web Accessibility
  • Instructional Materials Accessibility
  • Document Accessibility
  • Electronic Media Accessibility
  • Software, Hardware and Systems Accessibility
  • Procurement

The executive director of human resources is Central Washington University’s (CWU) ADA/504 compliance officer. The ADA/504 compliance officer provides compliance oversight, advice and consultation regarding these procedures. Questions and/or specific concerns regarding requests and requirements relevant to these procedures should be director to the ADA/504 compliance officer. A list of limited exceptions, approved by the Accessibility and Disability Action Planning Team (ADAPT), will be available at www.cwu.edu/student-life/adapt.

(2) Definitions

(A) "Accessible” means that individuals with disabilities are able to independently acquire the same information, engage in the same interactions, and enjoy the same services within the same timeframe as individuals without disabilities, with substantially equivalent ease of use.

(B) “Disability” means a physical or mental impairment that substantially limits one or more major life activities.

(C) “Information technology" includes information technology and any equipment or interconnected system or subsystem of equipment that is used in the creation, conversion, or duplication of data or information.

(D) “Equally effective” means that the alternative format or medium communicates the same information in as timely a fashion as does the original format or medium.

(3) Web Accessibility

(A) Scope: These procedures apply to all outward facing university web pages, websites and web-based software used to conduct university business and activities including web resources used in courses.

(B) Standards:  All outward facing web pages, websites and web-based software published, hosted or used (including remotely hosted sites and software) by the university will meet the standards and guidelines outlined in the Web Content Accessibility Guidelines (WCAG) 2.0 (http://www.w3.org/TR/wcag2ict/) published by the W3C.  All pages will meet Level AA guidelines with limited exceptions approved by ADAPT and available at www.cwu.edu/student-life/adapt. All university websites, unless technically impossible, will link to www.cwu.edu/student-life/adapt which includes a statement of commitment to web accessibility.

 

(C) Responsibility

1. All colleges, departments and programs:

a. Will comply with (3B) Standards when creating web pages, websites and utilizing web-based software.

b. Will ensure that web-based activities are hosted in accessible environments and that web-based content follows (3B) Standards.

2. Public Affairs:

a. Will provide instruction and support for campus community members creating university websites and content so that individuals who author web content can be in compliance with these standards.

b. Will ensure that any Content Management System and other web production or web object creation software proposed and supported will be accessible and will produce accessible web content.

3. Brooks Library:

a. Will maintain an accessible website and search engine that can search across all library collections, including, but not limited to e-journals, databases, and e-books.

b. Will conduct monthly accessibility scans to ascertain whether any posted content on the library website is inaccessible. The library will notify content authors if corrections to pages are needed and of reasonable timelines for corrections to be made. The Library will note if corrective action has been taken during the next monthly scan.

4. ADAPT: 

a. Will compile and maintain data to track compliance with (3B) Standards and make recommendations for addressing problems.

5. Central Access: 

a. Will support colleges, departments and/or web-content owners, in the creation of accessible materials on a fee-for-service basis.

6. Disability Services: 

a. Will assist colleges, departments and/or web-content owners in the creation of accessible materials for students with disabilities. Disability Services is funded to support these services.

(D) Implementation Schedule Summary

1. ADAPT will identify a strategy to ensure that webpages that provide essential student functions are accessible.

2. The university website will contain a clear statement (or a link to a statement) describing the university’s commitment to web accessibility and a method to report barriers and/or to receive an alternative equally effective accessible format. This statement will appear by default on all university, college, and department websites.

3. The Brooks Library implements a search engine that is accessible in accordance with WCAG 2.0 Level AA standard, which can search across all library collections, including, but not limited to, e-journals, databases, and e-books.

4. By January 31, 2021, all webpages published or hosted by the university, will be accessible according to (B) Standards (above).

5. Upon a specific request for access by an individual with a disability:

a. The owner will update web-content to be in compliance with (B) Standards (above), with limited exceptions approved by ADAPT and available at www.cwu.edu/student-life/adapt. or

b. Otherwise make the content available to the individual in a timely manner and in an equally effective accessible format.

(4) Instructional Materials Accessibility

(A) Scope: These procedures apply to all electronic instructional materials (syllabi, textbooks, presentations, handouts, etc.).  This includes electronic instructional materials delivered within the university’s learning management system or in an alternate fashion (email, blogs, etc.) and electronic instructional activities (online collaborative writing, web conferencing, etc.). Electronic instructional materials include, but are not limited to, word processing documents, PDFs, presentations, publications and spreadsheets that are scanned, uploaded, posted, or otherwise published or distributed electronically.  Documents will be made accessible when used.

(B) Standards: All electronic instructional materials, optional and required, will be equally effective for persons with disabilities as they are for persons without disabilities. Electronic instructional materials and electronic instructional activities will be made available in a timely manner.  All electronic instructional materials and activities will meet all applicable standards and guidelines outlined in this policy.

(C) Responsibility

1. All colleges, departments and programs:

a. Will ensure that instructional materials comply with (B) Standards (above).

b. Will ensure that college and/or department-owned classrooms provide accessible electronic instructional materials.

c. Will ensure that all college and/or department-owned computer labs provided for student use will have discipline-specific assistive technologies not limited to but including accessible computer stations, screen reading software, and screen magnification. (NOTE: Disability Services will provide an assistive software bundle installed in each computer lab. Colleges, department and programs are only responsible for discipline-specific technologies.)

2. Faculty and instructional staff:  Will create and present accessible electronic instructional materials and activities.

3. Multimodal Learning:

a. Will provide instruction and support for faculty and instructional staff creating courses and instructional materials in the learning management system.

b. Will facilitate hosting of online activities in an accessible learning management system and related hosted systems (such as web conferencing, plagiarism detection, online testing, student engagement applications, and distance education).

4. Information Services:

a. Will use only accessible electronic instructional materials in IS-designed and IS-supported classrooms and computer labs.

b. Will ensure that all university-owned computer labs provided for student use will have at least one station with assistive technologies not limited to but including accessible computer stations, screen reading software, and screen magnification.

c. Will coordinate support for colleges, departments and programs needing assistance with accessibility in college and/or department-owned classrooms and college and/or department-owned computer labs.

5. Disability Services:  Will assist colleges, and/or departments and/or web-content owners in the creation of accessible materials for students with disabilities. Disability Services is funded to support these services.

6. ADAPT:  Will compile and maintain data tracking compliance with the policy and procedures and make recommendations for addressing problems.

(D) Implementation Schedule Summary:

1. Multimodal Learning implements tools (such as Blackboard Ally, Canvas Accessibility Checker, and UDOIT) and training to support faculty and instructional staff in creating accessible electronic instructional materials in the learning management system.

2. All faculty and instructional staff will create and present accessible electronic instructional materials in the learning management system.

3. Upon a specific request for access by an individual with a disability:

a. The owner will produce instructional materials in compliance with (B) Standards (above), with limited exceptions approved by ADAPT and available at www.cwu.edu/student-life/adapt., or

b. Otherwise make the content available to the individual in a timely manner and in an equally effective accessible format.

(5) Document Accessibility

(A) Scope:  These procedures apply to university-produced and maintained or distributed electronic documents.  Electronic documents include, but are not limited to, word processing documents, PDFs, presentations, publications and spreadsheets that are scanned, uploaded, posted, or otherwise published or distributed electronically.  Documents will be made accessible when used.

(B) Standards: 

1. Electronic documents will be accessible, including university policies, procedures, notifications and other documents. Electronic documents will be equally effective for persons with disabilities as they are for persons without disabilities.

2. Accessible electronic document types are listed at www.cwu.edu/student-life/adapt..

3. Electronic documents will meet the standards and guidelines outlined in the Web Content Accessibility Guidelines (WCAG) 2.0 (http://www.w3.org/TR/wcag2ict/) published by the W3C. 

(C) Responsibility

1. All colleges, departments and programs/university employees: Will follow (B) Standards (above) when creating and using electronic documents.

2. Multimodal Learning: Will provide instruction and support for faculty and instructional staff creating courses and instructional materials.

3. Brooks Library: Will implement procedures for ensuring that materials digitized or hosted by the library for research purposes are accessible to individuals with disabilities.

4. ADAPT: Will compile and maintain data tracking compliance with the policy and procedures and make recommendations for addressing problems.

5. Central Access: Will support colleges and/or departments in the creation of accessible materials on a fee-for-service basis.

6. Disability Services:  Will assist colleges and/or departments in the creation of accessible materials for students with disabilities. Disability Services is funded to support these services.

(D) Implementation Plan Summary

1. By January 31, 2020, all newly-created and/or disseminated documents (including PDF, Word, Excel and PowerPoint files) will be accessible.

2. Disability Services will work with colleges and/or departments to identify resources for producing accessible scientific and mathematical documents.

3. By June 30, 2019: Public Affairs will identify and develop strategies for the integration of epub/edupub processes, or accessible PDFs will be provided as an alternative.

4. Upon a specific request for access by an individual with a disability:

a. The owner will update documents to be in compliance with (B) Standards (above), with limited exceptions approved by ADAPT and available at www.cwu.edu/student-life/adapt., or

b. Otherwise make the content available to the individual in a timely manner and in an equally effective accessible format.

(6) Electronic Media Accessibility

(A) Scope:  All multi-media resources (audio and video) used in university programs and activities will be accessible. This includes, but is not limited to, media that is instructional, informational, and promotional. 

(B) Standards:  Video resources will be captioned; audio resources will be transcribed.

(C) Responsibility

1. All colleges, departments, programs, faculty, instructional staff, and employees:

a. Will purchase and produce only accessible multi-media.

b. Will purchase only captioned versions of video resources whenever possible. 

c. Will ensure that all other media that will be used on the web or in instruction is captioned.

d. Will purchase only transcribed audio resources whenever possible.

e. Will update any non-transcribed audio and any non-captioned video that is in current use.

f. Will use only transcribed audio and captioned video, made available in a timely manner to all students.

2. Brooks Library:

a. Will maintain a library of transcribed audio and captioned video resources that are available for faculty, staff, and student use.

b. Will assist faculty in identifying copyrighted or open education media resources that are captioned prior to acquisition.

3. Multimodal Learning:

a. Will provide instruction and support for faculty and instructional staff creating transcribed audio and captioned video for use in the learning management system.

b. Will incorporate captioning and media accessibility information into training videos and recordings.

c. Will coordinate campus-wide captioning and transcribing solutions.

d. Will disseminate information to the university community about protocols related to accessible multi-media including a list of approved vendors to perform captioning.

4. Information Services:

a. Will ensure all classroom and presentation equipment is caption-compatible and the default on all projectors, monitors, digital signage, etc.

b. Will provide instruction on media accessibility and how to show captioned media in classrooms.

c. Will incorporate information about accessibility into faculty training on AV equipment.

5. Public Affairs:  Will produce new communications and promotional materials that are captioned or transcribed.

6.  Disability Services:  Will assist colleges and/or departments in the creation of accessible multi-media materials for students with disabilities. Disability Services is funded to support these Services.

(D) Implementation Schedule Summary

1. Multimodal Learning implements tools (such as machine-captioning for lecture capture and streaming media) and training to support faculty and instructional staff in creating transcribed audio and captioned video for use in the learning management system.

2. By January 31, 2021, all faculty and instructional staff will create and present transcribed audio and captioned video for use in the learning management system.  Machine-captioning instructions and support will be provided by Multimodal Learning; faculty will be responsible for ensuring the accuracy of machine-captioning.

3. By September 25, 2019: Students with disabilities may request one-time recordings, created or used during a single course, and in use only during that quarter, be captioned after the fact.  Disability Services is funded to support these services.

4. By January 2020: All videos (professionally or internally produced) shared on university websites or video storage sites (such as YouTube and Vimeo, etc.) will be captioned.

5. By January 2021: The university, through ADAPT, assess audio description availability and create a plan toward audio description standards for use at CWU.

6. Upon a specific request for access by an individual with a disability:

a. The owner will update electronic media to be in compliance with (B) Standards (above), with limited exceptions approved by ADAPT and available at www.cwu.edu/student-life/adapt., or

b. Otherwise make the content available to the individual in a timely manner and in an equally effective accessible format.

(7) Software, Hardware and Systems Accessibility

(A) Scope:  Software, hardware and systems will be accessible and will produce accessible products.  Accessible, in this context, means compatible with assistive technology. Software that is accessed through a web-browser will also be accessible and is discussed under Section 1 of these procedures.

(B) Standards:  All software, hardware and systems purchased by the university will meet the standards and guidelines outlined in the Web Content Accessibility Guidelines (WCAG) 2.0 (http://www.w3.org/TR/wcag2ict/) published by the W3C.  Limited exceptions will be approved by ADAPT and available at www.cwu.edu/student-life/adapt.

(C) Responsibilities

1. All colleges, departments and programs/university employees:

a. Will ensure that their software, hardware, local interfaces, modifications and electronic systems are accessible, except when it would fundamentally alter a program or when it is not technically feasible to do so and in such case the process will require the university to provide accessible alternate ITs.

b. Will ensure that applications developed on campus (web, desktop, etc.) are accessible according to principles of WCAG 2.0, WAI-Aria 1.0, and ATAG 2.0  standards (extrapolated as needed for non-web environments).

2. Information Services:

a. Will ensure that assistive technologies are available to students working in university-owned labs or on publically-accessed university computers.

b. Will ensure that assistive technologies are available in a timely manner for campus employees including student employees.

3. ADAPT:  Will coordinate campus processes for ensuring university software, hardware and system accessibility.

4. Disability Services:  Will ensure that assistive technologies are available in a timely manner for students with disabilities. Disability Services is funded to support these services.

(D) Software Implementation Schedule Summary: 

a. After October 2018, the university will purchase only accessible ITs, except when it would fundamentally alter a program or when it is not technically feasible to do so and in such case the process will require the university to provide accessible alternate ITs.

b. Reading systems and software that are used for textbook delivery will meet these guidelines: http://www.daisy.org/accessibility-screening-methodology-guidelines-and-checklist.html.

(8) Procurement

(A) Scope: This process applies to all university purchases of Information Technology software, hardware and services.

(B) Standards: Purchase orders and contracts for EIT must include the following clauses:

“No University funds may be expended for the purchase of information technology equipment and software for use by University employees, program participants, or members of the public unless it provides visually or hearing impaired individuals with access, including interactive use of the equipment and services, that is equivalent to that provided to individuals who are not visually or hearing impaired. (18-5-603, MCA.) Contractor warrants that such information technology equipment and software it provides the University will provide equal and effective access to all individuals in accordance with federal and state laws and regulations, including, but not limited to the Americans with Disabilities Act of 1990 (ADA), Section 504 of the Rehabilitation Act of 1973, and Section 508 of the 1973 Rehabilitation Act.”

“Vendor warrants that the products or services to be provided under this agreement comply with the accessibility requirements of section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794d), and its implementing regulations set forth in 36 C.F.R. 1194.1 through 41 and the World Wide Web Consortium (W3C) Web Content Accessibility Guideline 2.0.  Vendor agrees to promptly respond to and resolve any complaint regarding accessibility of its products or services provided to the agency under this agreement when brought to its attention.  Vendor further agrees to indemnify and hold harmless the {agency} for any claim arising out of its failure to comply with the aforesaid requirements.  Failure to comply with these requirements shall constitute a material breach and be grounds for termination of this agreement.”

(C)   Responsibility

1. All colleges, departments and programs/university employees:  Will purchase or otherwise acquire accessible information technology, in accordance with these procedures.

2. ADAPT:

a. Will serve as a resource for IT purchases and other acquisitions for compliance with accessibility requirements.

b. Will provide written justification for all provisional use waivers and post such waivers on the accessibility website.  Will provide requests for exceptions for public vetting and will include the written comments in its decision-making.

3. Implementation Schedule Summary

a. The university will develop and institute procedures that require the university to purchase or recommend that will provide the same programs, benefits, and services as they do to individuals without disabilities, except when it would fundamentally alter a program or when it is not technically feasible to do so, in which case the procedures will require the university to provide accessible alternate ITs.’

b. The university will develop a strategy for review of academic and other hardware with the intent that only hardware with accessible options should be selected for use in academic courses and campus activities including such things as door swipes and educational technology.

c. The university will implement as part of its request for proposal process a requirement that bidders meet the accessibility standards of WCAG 2.0 Level AA for web-based technology and Section 508 of the Rehabilitation Act and the Americans with Disabilities Act for other information technology; and requiring or encouraging, at the university’s discretion, as part of any contract with its vendors, provisions in which the vendor warrants that any technology provided complies with these standards and any applicable current federal and state disability laws.

[Responsibility: Business & Financial Affairs Division; Authority: Cabinet/UPAC; Reviewed/Endorsed by: Cabinet/UPAC; Review/Effective Date: 02/19/2020; Approved by: James L. Gaudino, President] 

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CWUR 3-45-030 Applicants to Request Disability Accommodations

These procedures are governed by the policy on reasonable accommodation of employees and applicants with disabilities. See CWUP 2-35-040(1).

(1) Applicant instructions.

(A) The applicant is responsible for contacting Disability Services (DS) in a timely fashion to request accommodation during the application, testing or interview processes. Contact information for DS are included on all position announcements, including those posted on the university's web site.

(B) The accommodation request should include:

1. Identification of the disabling condition; and
2. Suggestions of specific accommodations that would provide the applicant with access to the employment process.

(C). The applicant may be asked to provide DS with documentation from the applicant’s health care provider stating the nature of the disability and specific suggestions which would enable the applicant to access the employment process. Such medical documentation is considered confidential and will be maintained in DS, separate from all other applicant and employee records.

(2) Hiring Authority Instructions.

(A) If applicants make requests for accommodation directly to the hiring authority, they
will:

1. Be referred to DS for assistance, or
2. Put into place the accommodation request that can be easily instituted. Contact DS for consultation as needed.

(B) Supervisor will not make inquiries regarding the existence, nature or severity of a disability with any of the interviewees, including those who have requested accommodation.

(C) Employment decision will be based on the knowledge, skills and abilities required for the job, not on the presence or absence of a candidate's disability.

(D) Supervisors will be prepared to discuss with new employees whether they have a disability which will require reasonable accommodation. If the answer is "yes," such employees will be provided with copies of the university's policy on reasonable accommodation and procedures for university employees to request disability accommodations.

[Responsibility: CFO/BFA; Authority: Cabinet/UPAC; Reviewed/Endorsed by: Cabinet/UPAC; Review/Effective Date: 06/06/2012; Approved by: James L. Gaudino, President]

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CWUR 3-45-040 Student with Disabilities to Request Disability Accommodations

These procedures are governed by the Policy on Reasonable Accommodation of Students with Disabilities. See CWUP 2-35-040(2).

(1) Student Instructions

(A) Accommodation request: Students must notify the center for Disability Services (DS) that he/she is a student with a disability and request an accommodation.

(B) Submit documentation: Students must provide DS with documentation from a professional or medical expert.

1. Documentation must identify the disability involved and the functional limitations of the disability that relates to the educational environment and necessitates
accommodation.
2. Documentation may include recommendations or guidance for specific accommodations to negate specific functional limitations but DS will make the final determination for accommodations.

(C) Interactive Process and Intake Meeting: Students will participate in an Interactive Process and Intake meeting with a DS staff member. Both are required prior to receiving accommodation.

(D) Student Profile Created: DS will generate a student profile that will include students’ academic adjustment and auxiliary aids plan.

(E) Quarterly Classroom Academic Adjustment Request: Each quarter students will submit a classroom academic adjustment request(s) to faculty via the DS online process.

1. Students must submit their academic adjustment request(s) for each class in which they wish to receive accommodation, preferably during the first week of class.
2. Faculty are not required to provide academic adjustments until the student
submits their request through the DS online process. Academic adjustments are no retroactive.
3. Student must follow up each quarterly request with communication to the course
faculty member to discuss the specifics of how each academic adjustment will work in the course.

(2) Other Procedures Instructions

(A) DS has specific procedures for accessing services such as taped texts and alternative testing. Students are expected to know and follow departmental policy and procedures for services provided directly by DS.

(B) If a student has problems in receiving accommodations and cannot resolve them directly with the individual faculty or staff member, the student is encouraged to report the problems immediately to DS.

(C) Informal and formal complaints of discrimination based on disability may be filed per CWUP 2-35-070 Discrimination Complaint and Resolution Policy.

(3) Faculty Instructions. Faculty will:

(A) Refer students who do not submit a quarterly academic adjustment request, but are requesting services, to DS for information and assistance.

(B) Work with and facilitate classroom adjustment with students who submit an academic adjustment request(s) from DS. Faculty members have no obligation to provide academic adjustments until they receive a request.

(C) Contact for any questions, directions or assistance in the facilitation of implementing academic adjustments.

[Responsibility: CFO/BFA; Authority: Cabinet/UPAC; Reviewed/Endorsed by: Cabinet/UPAC; Review/Effective Date: 06/06/2012; Approved by: James L. Gaudino, President]

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CWUR 3-45-050 Discrimination Complaint and Resolution - Employees

(1) Any aggrieved person may file a complaint against any employee of the university when he/she believes discriminatory behavior has taken place.

(A) Details of the complaint may be provided verbally, electronically, or in writing.

(B) Information provided by the complainant should be as detailed and accurate as possible, including a statement of the specific allegation of discrimination. Generally, complaints should be filed within 180 days from last alleged act of discrimination.

If the alleged behavior does not fall under the civil rights legislation or the university’s nondiscrimination policy, human resources (HR) will refer the complaint and/or complainant to other appropriate CWU and/or external resources.

(C) With written notice, the complainant may notify HR that the situation is resolved or that no further university action is desired. However, depending on the circumstances, HR may determine that an investigation is still necessary.

(D) Options exist to assist complainants in resolving alleged discriminatory actions.

(2) HR should be contacted for assistance in resolving alleged discriminatory behaviors. Some alternatives may be taken prior to requesting assistance from HR.

(3) An employee who believes he or she has been subjected to discriminatory behavior in violation of policy is encouraged to first seek a resolution of the problem through discussion with the person(s) directly involved, including his or her supervisor.  The complainant should document all incidents and attempts at resolution.

(4) Persons who do not feel comfortable contacting the alleged violator directly, or have been unsuccessful at resolving the problem directly, may contact their supervisor, department chair, unit head, or appointing authority as well as the offices of HR and/or student rights and responsibilities about possible resolutions and next steps.

(A) When a complaint is lodged with a department or entity other than HR, that department will notify HR immediately of the complaint. Supervisors, department chairs, unit heads, and others in leadership are advised to maintain documentation sufficient to demonstrate a timely, appropriate and adequate response.

1. HR will discuss the complaint with department personnel, document the complaint, the investigative process (if any), and any actions taken to resolve the situation.  Normally, resolution at this level does not involve a factual investigation or a finding that the policy was or was not violated. Rather, it involves an opportunity for communications regarding areas of dispute in hopes of resolution.

2. When appropriate, HR will conduct follow up with the complainant.

(5) Informal review of a complaint alleging discriminatory behavior may be facilitated by HR. This process may be utilized at the discretion of HR as a prelude to conducting a formal complaint or as an alternative.

(A) The goal of the informal review is to resolve the matter without entering in to a formal complaint procedure.

(B) HR will notify the appropriate manager/supervisor of the informal complaint.

(C) After consultation with the complainant, HR will consult with appropriate personnel and departments, and the university will take appropriate actions to end discriminatory behaviors. This may require the university to engage in fact-finding to determine if there is a discriminatory basis to the allegation.

(D) Assistance may be provided to individuals in an attempt to resolve possible discrimination. Strategies may include notification to the offending party that their conduct is offensive and should cease action by university leadership to stop the offensive conduct, modification of the situation in which the conduct occurred, and/or mediation between the parties.

(E) The complainant or HR may, at any time, choose to end an informal review in favor of utilizing the formal complaint procedure. Informal mechanisms, including mediation, will not be used to resolve sexual assault complaints.

(6) Formal discrimination complaint procedures are facilitated through HR.

(A) The complainant and, when deemed necessary, the respondent(s) will receive acknowledgment of the filing of a formal complaint.

(B) The appointing authority and division head will receive notification of a complaint within five (5) working days of having been filed with HR.

(C) HR will conduct an investigation and complete a report into the alleged discrimination normally within thirty (30) working days of receiving the complaint. HR may assign the investigation to be conducted by another individual within the university or external to the university. HR may extend the investigation beyond thirty days by providing notification to the complainant and respondent. Such notification will include the anticipated date for completion of the investigation.

(D) The investigation will include:

1. Interview with complainant and respondent;

2. Interviews with witnesses as determined appropriate by HR based on information received from the complainant and/or the department, the appointing authority, or other appropriate individual(s) in the department, and the respondent, when appropriate;

3. Examination of relevant documentation; and,

4. Consultation with assigned assistant attorney general, as needed.

(E) The investigative report will determine if any violations of the university’s nondiscrimination policy has occurred.

1. Copies of the investigative report will be provided to HR (if investigation is conducted by another individual), the appointing authority, and the appropriate division head for review. Parties have ten days to complete their review.

(F) Upon completion of the review by all parties HR will meet with the complainant and respondent to review the outcome and provide a copy of the report.

(G) If the investigation substantiates the allegation, appropriate corrective/disciplinary action will be pursued by the appointing authority in concert with HR.

1. If the investigation determines that the respondent did not violate the nondiscrimination policy, but events underlying the complaint merit further attention, HR will refer the case to the appropriate office(s) or department(s).

2. The complainant or respondent may request a review by the Equal Opportunity Committee within twenty (20) days of the meeting.  Grounds for appeal are limited to a) consideration of additional documents  or information and/or b) university procedure error.

(H) The Equal Opportunity Committee shall be appointed annually by the president. (See CWUP 2-60(5) for committee information.)

1. Membership

2. The committee shall elect its own chair for each review.

3. HR will provide training and support to the committee.

4. Members of the committee shall remove themselves from the review if they deem themselves biased or personally interested in the outcome of the review.

5. The complainant or respondent may submit challenges to the committee membership that will be reviewed by HR. When appropriate, HR will request that an interim member be appointed by the president.

6. If a complainant is a student and so requests, two students may be substituted by the president for a like number of existing members of the committee.

(I) The appealing party may withdraw the request for a review at any time.

(J) The Equal Opportunity Committee shall review the complaint, the investigative report, and the findings by the investigator. The committee, at any time, may inform and/or seek advice and assistance through HR from the assigned assistant attorney general. The committee shall determine, based on the investigative report, if:

1. The allegations have been substantiated; or

2. The allegations have not been substantiated; or

3. The committee may choose to remand the complaint back to the investigator to examine a specific issue.

4. If remanded to the investigator for further examination, the process restarts at section 6(E). 

5.   The committee shall present its determination to the university president and HR within fifteen (15) working days of receipt of the investigative report.

6. After reviewing the investigative report and considering the determination made by the committee, the president shall issue a written decision to the appealing party within ten (10) working days of receipt of the appeal. The decision of the president will not be further appealable by the complainant or respondent within the university.

7. If, at any point, the appealing party withdraws their request for review, all parties will be notified.

(K) Allegations of retaliation should be reported immediately to HR and will be investigated using the formal investigative process.

[10/05/2011; 05/02/2012; Responsibility: CFO/BFA; Authority: Cabinet/UPAC; Reviewed/Endorsed by: Cabinet/UPAC; Review/Effective Date:06/04/2014; Approved by: James L. Gaudino, President]

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CWUR 3-45-060 Sexual Harassment

All members of the university community are encouraged to work toward maintaining an educational and work environment free from sexual harassment. To this end,

(1) The Director of the Office for Equal Opportunity will provide training programs to educate the university community on the subject of sexual harassment and the university's obligation to prevent its occurrence. In addition, the director will ensure that the sexual harassment policy is appropriately displayed on campus and included in the university's policies manual.

(2) Persons who believe they are experiencing sexual harassment are encouraged to act promptly and report such concerns to their immediate supervisor, administrator or department chair, the Title IX Coordinator or designee (963-2031), or the office of student rights and responsibilities (Bouillon 204, 963-1734). Concerns which involve student to student sexual harassment may be brought to the attention of the dean of students. The university encourages resolution of sexual harassment complaints at the lowest possible level.

(3) Supervisors, administrators, and department chairs who receive sexual harassment complaints are required to act on them in a timely fashion in an attempt to resolve the situation informally. They will notify the office for equal opportunity of the complaint immediately and will be provided guidance as needed. All such complaints must be addressed and cannot be held in confidence.

(4) Discrimination complaint and resolution policy and procedures are available. No individual shall be penalized or retaliated against in any way by the university community for his or her participation in the complaint process.

(A) Complaints alleging sexual harassment by a university employee or other agent of the university may be filed with the Title IX Coordinator: Thomas Pedersen, 963-2031, Thomas.Pedersen2@cwu.edu.  The university's discrimination complaint and resolution policy and procedures (CWUP 2-35-070) will be utilized to resolve the complaint. Copies of these procedures are available upon request.

(B) Complaints alleging student peer sexual harassment, may be made to chief conduct officer: Joseph Bryant, Bouillon 204, 963-1734, Joseph Bryant@cwu.edu. (CWUR 1-30-010 Student Discrimination Grievance Procedures).

(C) Complaints alleging violation of Title IX may contact Thomas Pedersen, Title IX Coordinator, HR, 963-2031, Thomas.Pedersen2@cwu.edu.

(D) Complaints may also be filed with other administrative officers of the university outside the chain of command such as other deans, vice presidents, or chief of staff, or outside government agencies. A list of these agencies and their addresses is available in the office for equal opportunity.

(5) Preventing Sexual Harassment and Preventing Employment Discrimination training is required for all staff pursuant to CWUP 2-30-260.

[Responsibility: CFO/BFA; Authority: Cabinet/UPAC; Reviewed/Endorsed by: Cabinet/PAC; Review/Effective Date: 12/11/2018; Approved by: James L. Gaudino, President]

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CWUR 3-45-061 Title IX Grievance Procedure

(1) Purpose.  This Supplemental Title IX Grievance Procedure applies only to allegations of sexual harassment as that term is defined by the U.S. Department of Education in 34 C.F.R. §106.30. Nothing in this procedure limits or otherwise restricts the ability of Central Washington University (CWU) to investigate and pursue discipline based on alleged violations of other laws, regulations, or CWU policies prohibiting gender discrimination in education or employment.

(2) Definitions. For purposes of this Supplemental Title IX Grievance Procedure, the following terms are defined as follows:

(A) “Consent” means knowing, voluntary, and clear permission by word or action, to engage in mutually agreed upon sexual activity. Each party has the responsibility to make certain that the other has consented before engaging in the activity. For consent to be valid, there must be at the time of the act of sexual intercourse or sexual contact actual words or conduct indicating freely given agreement to have sexual intercourse or sexual contact.

A person cannot consent if they are unable to understand what is happening or are disoriented, helpless, asleep, or unconscious for any reason, including due to alcohol or other drugs. An individual who engages in sexual activity when the individual knows, or should know, that the other person is physically or mentally incapacitated has engaged in nonconsensual conduct. Intoxication is not a defense against allegations that an individual has engaged in nonconsensual sexual conduct.

(B) “Complainant” means an individual who is alleged to be the victim of conduct that could constitute sexual harassment.

(C) “Respondent” means an individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment.

(D) “Formal Complaint” means a writing submitted by the complainant or signed by the Title IX Coordinator alleging sexual harassment against a respondent and requesting that CWU conduct an investigation.

(E) “Education Program or Activity” includes locations, events, or circumstances over which the CWU exercised substantial control over both the respondent and the context in which the alleged sexual harassment occurred. It also includes any building owned or controlled by a student organization officially recognized by CWU.

(F) “Grievance Procedure” is the process CWU uses to initiate, informally resolve, and/or investigate allegations that an employee or student has violated Title IX provisions prohibiting sexual harassment.

(G) “Supportive Measures” are non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the complainant or respondent regardless of whether the complainant or the Title IX Coordinator has filed a formal complaint. Supportive measures restore or preserve a party’s access to CWU’s education programs and activities without unreasonably burdening the other party, as determined through an interactive process between the Title IX Coordinator and the party. Supportive measures include measures designed to protect the safety of all parties and/or CWU’s educational environment and to deter sexual harassment or retaliation. Supportive measures may include, without limitation, (i) counseling and other medical assistance, (ii) extensions of deadlines or other course-related adjustments, (iii) modifications of work or class schedules, (iv) leaves of absence, (v) increased security or monitoring of certain areas of campus, and (vi) imposition of orders prohibiting the parties from contacting one another in education or employment situations. Determinations about whether to impose a one-way no contact order must be made on a case-by-case basis. If supportive measures are not provided, the Title IX Coordinator must document in writing why this was clearly reasonable under the circumstances.

(H) “Summary Suspension” means an emergency suspension of a student respondent pending investigation and resolution of disciplinary proceedings pursuant to the procedure and standards set forth in WAC 106-125-100.

(I) “Sexual Harassment,” for purposes of this Supplemental Title IX Grievance Procedure, occurs when a respondent engages in the following discriminatory conduct on the basis of sex:

1. Quid pro quo harassment. A CWU employee conditioning the provision of an aid, benefit, or service of CWU on an individual’s participation in unwelcome sexual conduct.

2. Hostile environment. Unwelcome conduct that a reasonable person would find to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to CWU’s educational programs or activities or CWU employment.

3. Sexual assault. Sexual assault includes the following conduct:

(J)  Nonconsensual sexual intercourse. Any actual or attempted sexual intercourse (anal, oral, or vaginal), however slight, with any object or body part, by a person upon another person, that is without consent and/or by force. Sexual intercourse includes anal or vaginal penetration by a penis, tongue, finger, or object, or oral copulation by mouth to genital contact or genital to mouth contact.

(K) Nonconsensual sexual contact. Any actual or attempted sexual touching, however slight, with any body part or object, by a person upon another person that is without consent and/or by force. Sexual touching includes any bodily contact with the breasts, groin, mouth, or other bodily orifice of another individual, or any other bodily contact in a sexual manner.

(L)  Incest. Sexual intercourse or sexual contact with a person known to be related to them, either legitimately or illegitimately, as an ancestor, descendant, brother, or sister of either wholly or half related. Descendant includes stepchildren and adopted children under the age of eighteen (18).

(M)  Statutory rape. Consensual intercourse between a person who is eighteen (18) years of age or older and a person who is under the age of sixteen (16).

(N) Domestic violence. Physical violence, bodily injury, assault, the infliction of fear of imminent physical harm, sexual assault, or stalking committed by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the State of Washington, or by 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 State of Washington, RCW 26.50.010.

(N) Dating violence. Physical violence, bodily injury, assault, the infliction of fear of imminent physical harm, sexual assault, or stalking committed by a person (i) who is or has been in a social relationship of a romantic or intimate nature with the victim; and (ii) where the existence of such a relationship shall be determined based on a consideration of the following factors:

1. The length of the relationship;

2. The type of relationship; and

3. The frequency of interaction between the persons involved in the relationship.

(M)  Stalking. Engaging in a course of conduct directed at a specific person that would cause a reasonable person to (i) fear for their safety or the safety of others; or (ii) suffer substantial emotional distress.

(N) “Title IX Administrators” are the Title IX Coordinator, Title IX investigators, the Student Conduct Officer, the Employee Conduct Officer, members of the Student Conduct Council or Employee Conduct Committee, as applicable, and advisors provided by CWU for the parties during Title IX disciplinary proceedings.

(O) “Title IX Coordinator” is responsible for processing Title IX complaints and conducting or overseeing formal investigations and informal resolution processes under this Supplemental Title IX Grievance Procedure. Among other things, the Title IX Coordinator is responsible for:

1. Accepting and processing all Title IX reports, referrals, and formal complaints.

2. Executing and submitting a formal complaint when appropriate and necessary.

3. Handling requests for confidentiality.

4. Determining during this Supplemental Title IX Grievance Procedure (i) whether a formal complaint should be dismissed either in whole or in part, and if so, (ii) providing notice to both parties about why dismissal was necessary or desirable, and (iii) referring the complaint to the appropriate disciplinary authority for proceedings outside the jurisdiction of Title IX.

5. Maintaining accurate records of all complaints, reports, and referrals, and retaining investigation files, complaints, reports, and referrals in compliance with the applicable records retention schedules or federal or state law, whichever is longer.

6. Conducting investigations or assigning and overseeing investigations.

7. Engaging in an interactive process with both parties to identify and provide supportive measures that ensure during the investigation and disciplinary processes that the parties have equitable access to CWU education programs and activities or CWU employment and are protected from further discrimination or retaliation.

8. Upon completion of an investigation, issuing or overseeing the issuance of a final investigation report to the parties and the appropriate disciplinary authority in compliance with this Supplemental Grievance Procedure.

9. Recommending non-disciplinary corrective measures to stop, remediate, and/or prevent recurrence of discriminatory conduct to disciplinary authorities and other CWU administrators.

(3) Principles for Title IX Grievance Procedure

(A) The respondent shall be presumed not responsible for the alleged conduct unless or until a determination of responsibility is reached after completion of the grievance and disciplinary processes.

(B) Before imposing discipline, CWU is responsible for gathering and presenting evidence to a neutral and unbiased decision maker establishing responsibility for a Title IX violation by a preponderance of the evidence.

(C) CWU shall treat both the complainant and respondent equitably by providing the complainant with remedies against a respondent who has been found responsible for sexual harassment through application of the institution’s Title IX grievance and disciplinary procedures and by providing respondent with Title IX procedural safeguards contained in this Supplemental Title IX Grievance Procedure and in the applicable Title IX disciplinary procedures.

(D) The investigator shall base investigation results on all relevant evidence, including both exculpatory evidence (tending to show innocence) and inculpatory evidence (tending to show guilt).

(E) Formal and informal resolutions will be pursued within reasonably prompt timeframes, normally ninety calendar days, with allowances for temporary delays and extensions for good cause shown. Grounds for temporary delay may include, but are not limited to, scheduled breaks between academic terms. Good cause supporting a request for an extension includes, without limitation: a party, a party’s advisor, or a witness being unavailable, concurrent law enforcement activity, and the need for language assistance or accommodation of disabilities. Both parties will receive written notice of any temporary delay or extension for good cause with an explanation of why the action was necessary.

(F) A student respondent found responsible for engaging in sexual harassment may receive discipline up to and including dismissal from CWU. A description of other possible disciplinary sanctions and conditions that may be imposed against students can be found in WAC 106-125-030.

An employee found responsible for sexual harassment may receive discipline up to and including dismissal from employment. A description of possible disciplinary sanctions and conditions that may be imposed against employees can be found in the applicable CWU employment policies and collective bargaining agreements.

(G) Proceedings against a student respondent shall be conducted before the Student Conduct Council in accordance with the Supplemental Title IX Student Conduct Code Procedures under WAC 106-125-200 through 106-125-245.

Proceedings against an employee respondent shall be conducted before the Employee Conduct Committee in accordance with the Supplemental Title IX Employee Disciplinary Procedures under CWUP 3-45-062.

(H) Title IX Administrators may not require, allow, rely upon, or otherwise use questions or evidence that seeks disclosure of privileged communications, unless the privilege has been effectively waived by the holder. This provision applies, but is not limited to, information subject to the following:

1. Spousal/domestic partner privilege;

2. Attorney-Client and attorney work product privileges;

3. Privileges applicable to members of the clergy and priests;

4. Privileges applicable to medical providers, mental health therapists, and counsellors;

5. Privileges applicable to sexual assault and domestic violence advocates; and

6. Other legal privileges identified in RCW 5.60.060.

(4) Title IX Administrators – Free from bias – Training requirements

(A) Title IX Administrators shall perform their duties free from bias or conflicts.

(B) Title IX Administrators shall undergo training on the following topics:

1. The definition of sexual harassment under these procedures,

2. The scope of CWU’s educational programs and activities,

3. How to conduct an investigation,

4. How to serve impartially without prejudgment of facts, conflicts of interest, or bias,

5. Use of technology employed during an investigation or hearing,

6. The relevance of evidence and questions, and

7. Effective report writing.

(C) All Title IX Administrator training materials shall be available on CWU’s Title IX webpage.

(5) Filing a Complaint. Any employee, student, applicant, or visitor who believes they have been the subject of sexual harassment should report the incident or incidents to CWU’s Title IX Coordinator identified below. If the complaint is against the Title IX Coordinator, the complainant should report the matter to the President’s office for referral to an alternate designee.

Name: Thomas Pedersen

Title: Title IX Coordinator / Human Resources

Office: 509-963-2031 / Thomas.Pedersen2@cwu.edu

(6) Confidentiality

(A) CWU will seek to protect the privacy of the complainant to the fullest extent possible, consistent with the legal obligation to investigate, take appropriate remedial and/or disciplinary action, and comply with federal and state law, as well as applicable CWU policies and procedures. CWU will attempt to honor a complainant’s request for confidentiality, but cannot guarantee complete confidentiality. Determinations regarding how to handle requests for confidentiality will be made by the Title IX Coordinator.

(B) The Title IX Coordinator will inform and attempt to obtain consent from the complainant before commencing an investigation of alleged sexual harassment. If a complainant asks that their name not be revealed to the respondent or that CWU not investigate the allegation, the Title IX Coordinator will inform the complainant that maintaining confidentiality may limit CWU's ability to fully respond to the allegations and that retaliation by the respondent or others is prohibited. If the complainant still insists that their name not be disclosed or that CWU not investigate, the Title IX Coordinator will determine whether CWU can honor the request and at the same time maintain a safe and nondiscriminatory environment for all members of the CWU community, including the complainant. Factors to be weighed may include, but are not limited to:

1. The seriousness of the alleged sexual harassment;

2. The age of the complainant;

3. Whether the sexual harassment was perpetrated with a weapon;

4. Whether the respondent has a history of committing acts of sexual harassment or violence or has been the subject of other sexual harassment or violence complaints or findings;

5. Whether the respondent threatened to commit additional acts of sexual harassment or violence against the complainant or others; and

6. Whether relevant evidence about the alleged incident can be obtained through other means (e.g., security cameras, other witnesses, physical evidence).

(C) If CWU is unable to honor a complainant’s request for confidentiality, the Title IX Coordinator will notify the complainant of the decision and ensure that the complainant’s identity is disclosed only to the extent reasonably necessary to effectively conduct and complete the investigation in compliance with this Supplemental Title IX Grievance Procedure.

(D) If CWU decides not to conduct an investigation or take disciplinary action because of a request for confidentiality, the Title IX Coordinator will evaluate whether other measures are available to address the circumstances giving rise to the complaint and prevent their recurrence, and will implement such measures if reasonably feasible.

(7) Complaint Resolution. The Title IX resolution processes are initiated when the Title IX Coordinator receives a written formal complaint alleging that a respondent sexually harassed a complainant and requesting that CWU initiate an investigation. A formal complaint must be either submitted by the complainant or signed by the Title IX Coordinator on behalf of the complainant. Formal complaints submitted to the Title IX Coordinator may be resolved through either informal or formal resolution processes. CWU will not proceed with either resolution process without a formal complaint.

For purposes of this Supplemental Title IX Grievance Procedure, the complainant must be participating or attempting to participate in a CWU education program or activity at the time the formal complaint is filed.

(A) Informal Resolution:

1. Under appropriate circumstances and if the impacted and responding parties agree, the parties may voluntarily pursue informal resolution during the investigation of a concern. Informal resolution is not appropriate when the allegations are subject to mandatory reporting obligations under applicable law, or involve an immediate threat to the health, safety or welfare of a member of the CWU community, or in cases where an employee is alleged to have sexually harassed a student.

2. If an informal resolution is appropriate, the impacted party and the responding party may explore remedies or resolution through:

a. Guided conversations or communications conducted by the Title IX Coordinator, other CWU representative, or a mutually agreed upon third party;

b. Structured resolution process conducted by a trained mediator; or

c. Voluntarily agreed on alterations to either or both of the parties’ work or class schedules or student housing arrangements, as applicable.

3. If the parties agree to an informal resolution process, CWU will commence the process within ten calendar days after the parties agree to this option and conclude within thirty days of beginning that process, subject to reasonable delays and extensions for good cause shown. The informal process is voluntary. Either the impacted or responding party may withdraw from the informal resolution process at any time, at which point the formal investigation process will resume.

4. If either party fails to follow the voluntary agreements then the formal investigation process may resume.

5. If the impacted and responding party voluntarily resolve a report, CWU will record the terms of the resolution in a written agreement signed by both parties and provide written notice to both parties that the report has been closed.

(B) Formal Resolution. Formal resolution means that the complainant’s allegations of sexual harassment will be subjected to a formal investigation by an impartial and unbiased investigator. The investigator will issue a report of the investigation findings. Upon completion of the investigation, the investigator will submit the final investigation report to the appropriate disciplinary authority to determine whether disciplinary proceedings are warranted.

(8) Emergency Removal

If a student respondent poses an immediate threat to the health and safety of the campus community or an immediate threat of significant disruption to CWU operations, the Student Conduct Officer may summarily suspend a respondent pursuant to WAC 106-125-100, pending final resolution of the allegations. Nothing in this Supplemental Title IX Grievance Procedure shall prohibit CWU from placing non‑student employees on paid administrative leave pending final resolution of the allegations.

(9) Investigation Notices

Upon receiving a formal complaint and determining that the allegations, if proved, would constitute Title IX sexual harassment, CWU will provide notices to the parties containing the following information:

(A) Notice of formal and informal resolution processes. CWU will provide a description of CWU’s grievance resolution procedures, including the informal resolution procedure.

(B) Notice of investigation. CWU will provide the respondent and the complainant with a notice of investigation in advance of the initial interview with the respondent to inform the complainant that CWU has commenced an investigation and to allow the respondent sufficient time to prepare a response to the allegations. The investigation notice will:

1. Include the identities of the parties (if known), a description of the conduct alleged constituting Title IX sexual harassment, and the time and location of the incident (if known).

2. Confirm that the respondent is presumed not responsible for the alleged conduct and that CWU will not make a final determination of responsibility until after the grievance and disciplinary processes have been completed.

3. Inform the parties that they are both entitled to have an advisor of their own choosing, who may be an attorney.

4. Inform the parties they have a right to review and inspect evidence.

5. Inform the parties about Student Conduct Code provisions and applicable employment policies that prohibit students and employees from knowingly submitting false information during the grievance and disciplinary processes.

(C) Amended investigation notice. If during the course of the investigation, CWU decides to investigate Title IX sexual harassment allegations about the complainant or respondent that are not included in the investigation notice, CWU will issue an amended notice of investigation to both parties that includes this additional information.

(D) Interview and meeting notices. Before interviewing or meeting with a party about Title IX allegations, CWU will provide the party with a written notice stating the date, time, location, participants, and purpose of the interview or meeting, with sufficient time, normally at least 48 hours in advance, for the party to prepare for the interview or meeting.

(10) Investigation Process - Dismissal

(A) Mandatory dismissal. The Title IX Coordinator will dismiss the Title IX allegations, if during the course of a formal investigation under this Supplemental Title IX Grievance Procedure, the investigator determines that the alleged misconduct in the formal complaint:

1. Does not meet the definition of sexual harassment under Title IX, even if proved; or

2. Did not occur in the context of a CWU education program or activity; or

3. Occurred outside the United States.

(B) Discretionary dismissal. CWU may dismiss a Title IX claim in whole or in part, if:

1. The complainant notifies the Title IX Coordinator in writing that they would like to withdraw the formal complaint in whole or in part;

2. The respondent is no longer enrolled with or employed by CWU; or

3. Specific circumstances prevent CWU from gathering evidence sufficient to complete the investigation of the Title IX allegations in whole or in part.

(C) The Title IX Coordinator will provide both parties written notice if Title IX allegations are dismissed with an explanation for the dismissal.

(D) Mandatory or discretionary dismissal of a Title IX claim does not preclude CWU from investigating and pursuing discipline based on allegations that a respondent violated other laws, regulations, or applicable CWU policies governing student and employee conduct.

(11) Investigation Process – Consolidation of Formal Complaints

When multiple sexual harassment allegations by or against different parties arise out of the same facts or circumstances, CWU may consolidate the investigation of formal complaints, provided consolidation can be accomplished in compliance with confidentiality protections imposed by the Family Educational Records and Privacy Act (FERPA). This includes instances in which complainant and respondent have lodged formal complaints against one another or when allegations of sexual assault are lodged by a single complainant against multiple respondents, or when multiple complainants lodge sexual assault complaints against single or multiple respondents.

(12) Investigation Process – Required Procedures. During the investigation, the investigator:

(A) Will provide the parties with an equal opportunity to present relevant statements and other evidence in the form of fact or expert witnesses, including both and inculpatory evidence (tending to show guilt) and exculpatory evidence (tending to show innocence).

(B) Will not restrict the ability of either party to discuss the allegations under investigation or to gather and present relevant evidence, except when a no-contact order has been imposed based on an individualized and fact specific determination that a party poses a threat to the health, safety, or welfare of another party and/or witnesses, or when contact with a party or witness is prohibited by court order. A no-contact order imposed by CWU shall be no broader than is necessary to protect the threatened party or witness and must provide the impacted party or their advisor with alternative means of gathering and presenting relevant evidence from the protected witness or party.

(C) Will allow each party to be accompanied by an advisor of their choosing, who may be an attorney, at any grievance related meeting or interview. The role of advisors during the investigation meetings or interviews will be limited to providing support and advice to the party. Advisors will not represent or otherwise advocate on behalf of the parties during the investigation process. An attorney representing a party must enter a notice of appearance with the Title IX Coordinator and the investigator at least five (5) days before the initial interview or meeting they plan to attend, so that CWU can secure its own legal representation, if necessary.

(D) The investigator will provide both parties and their respective advisors with an equal opportunity to review the draft investigation report and to inspect and review any evidence obtained during the investigation that is directly related to the allegations raised in the formal complaint, including both inculpatory and exculpatory evidence, regardless of its source, as well as evidence upon which the investigator does not intend to rely in the final investigation report. Each party will have ten (10) days in which to submit a written response, which the investigator will consider prior to completion of the investigation report. If a party fails to submit a written response within ten (10) days, the party will be deemed to have waived their right to submit comments and the investigator will finalize the report without this information.

(E) The investigator will forward the final report to the Title IX Coordinator, who will distribute the report and evidence to the parties, as well as the disciplinary authority responsible for determining whether pursuing disciplinary action is warranted.

[Responsibility: Business & Financial Affairs Division; Authority: Cabinet/UPAC; Reviewed/Endorsed by: Cabinet/UPAC; Review/Effective Date: 09/29/2020; Approved by: James L. Gaudino, President] 

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CWUR 3-45-062 Supplemental Title IX Disciplinary Hearing

The Executive Director of Human Resources or other designee through the vice president of operations is responsible for this policy and relevant policy CWUP 2-35-015.

Order of Precedence. This supplemental employee disciplinary procedure applies to allegations of sexual harassment subject to Title IX jurisdiction pursuant to regulations promulgated by the United States Department of Education. See 34 C.F.R. § 106. Disciplinary proceedings against an employee respondent alleged to have engaged in sexual harassment in violation of Title IX shall be governed by the university’s administrative hearing practices and procedures, Chapter WAC 106-108, and this supplemental hearing procedure. To the extent the supplemental hearing procedure conflicts with WAC 106-108, and/or provisions set forth in employment contracts, collective bargaining agreements, employee handbooks, and other university employment policies and procedures, this supplemental hearing procedure will take precedence.

(1) Prohibited Conduct Under Title IX

Pursuant to Title IX of the Education Act Amendments of 1972, 20 U.S.C. §1681, the university may impose disciplinary sanctions against an employee who commits, attempts to commit, or aids, abets, incites, encourages, or assists another person to commit, an act(s) of “sexual harassment.”

For purposes of this supplemental procedure, “sexual harassment” encompasses the following conduct:

(A) Quid pro quo harassment. An employee of the university conditioning the provision of an aid, benefit, or service of the University on an individual’s participation in unwelcome sexual conduct.

(B) Hostile environment. Unwelcome conduct that a reasonable person would find to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the University’s educational programs or activities, or employment.

(C) Sexual assault. Sexual assault includes the following conduct:

1. Nonconsensual sexual intercourse. Any actual or attempted sexual intercourse (anal, oral, or vaginal), however slight, with any object or body part, by a person upon another person, that is without consent and/or by force. Sexual intercourse includes anal or vaginal penetration by a penis, tongue, finger, or object, or oral copulation by mouth to genital contact or genital to mouth contact.

2. Nonconsensual sexual contact. Any actual or attempted sexual touching, however slight, with any body part or object, by a person upon another person that is without consent and/or by force. Sexual touching includes any bodily contact with the breasts, groin, mouth, or other bodily orifice of another individual, or any other bodily contact in a sexual manner.

3. Incest. Sexual intercourse or sexual contact with a person known to be related to them, either legitimately or illegitimately, as an ancestor, descendant, brother, or sister of either wholly or half related. Descendant includes stepchildren and adopted children under the age of eighteen (18).

4. Statutory rape. Consensual sexual intercourse between someone who is eighteen (18) years of age or older and someone who is under the age of sixteen (16).

(D) Domestic violence. Physical violence, bodily injury, assault, the infliction of fear of imminent physical harm, sexual assault, or stalking committed by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the State of Washington, or by 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 State of Washington, RCW 26.50.010.

(E) Dating violence. Physical violence, bodily injury, assault, the infliction of fear of imminent physical harm, sexual assault, or stalking committed by a person (i) who is or has been in a social relationship of a romantic or intimate nature with the victim; and (ii) where the existence of such a relationship shall be determined based on a consideration of the following factors:

1. The length of the relationship;

2. The type of relationship; and

3. The frequency of interaction between the persons involved in the relationship.

(F) Stalking. Engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for their safety or the safety of others, or suffer substantial emotional distress.

(2) Title IX Jurisdiction

(A) This supplemental procedure applies only if the alleged misconduct:

1. Occurred in the United States;

2. Occurred during a university educational program or activity;

3. Meets the definition of sexual harassment as that term is defined in this supplemental procedure; and

4. At the time of filing a formal complaint, the complainant was participating or attempting to participate in the educational program or activity.

(B) For purposes of this supplemental procedure, an “educational program or activity” is defined as locations, events, or circumstances over which the University exercised substantial control over both the respondent and the context in which the alleged sexual harassment occurred. This definition includes any building owned or controlled by a student organization that is officially recognized by the university.

(C) Proceedings under this supplemental procedure must be dismissed if the decision maker determines that one or all of the requirements of Section A (1)-(4) have not been met. Dismissal under this supplemental procedure does not prohibit the university from pursuing disciplinary action against a respondent based on allegations that the respondent engaged in other misconduct prohibited by federal or state law, employment contracts or handbooks, or other university policies.

(D) If the Employee Conduct Officer designated by the University determines the facts in the investigation report are not sufficient to support Title IX jurisdiction and/or pursuit of a Title IX violation, the Conduct Officer will issue a notice of dismissal in whole or part to both parties explaining why some or all of the Title IX claims have been dismissed.

(3) Initiation of Discipline

(A) Upon receiving the Title IX investigation report from the Title IX Coordinator, the Employee Conduct Officer will independently review the report to determine whether there are sufficient grounds to pursue a disciplinary action against the respondent for engaging in prohibited conduct under Title IX.

(B) If the Employee Conduct Officer determines that there are sufficient grounds to proceed under these supplemental procedures, the Conduct Officer will initiate a Title IX disciplinary proceeding by filing a written disciplinary notice with the Employee Conduct Committee and by serving the notice on the respondent and the complainant, and their respective advisors. The notice must:

1. Set forth the basis for Title IX jurisdiction;

2. Identify the alleged Title IX violation(s);

3. Set forth the facts underlying the allegation(s);

4. Identify the range of possible sanctions that may be imposed if the respondent is found responsible for the alleged violation(s);

5. Explain that each party is entitled to be accompanied by an advisor of their own choosing during the hearing and that:

6. Advisors will be responsible for questioning all witnesses on the party’s behalf;

7. An advisor may be an attorney and/or, if the party is a represented employee, a union representative;

8. A represented employee who chooses an advisor who is not a union representative must submit a signed waiver of union representation that includes consent from the union; and

9. The university will appoint the party an advisor of the university’s choosing at no cost to the party, if the party fails to choose an advisor; and

10. Explain that if a party fails to appear at the hearing, a decision of responsibility may be made in the party’s absence.

(C) Service of the disciplinary notice or any other document required to be served under this supplemental procedure may be done personally or by first class, registered, or certified mail, or by electronic mail to the party’s university email address.

(4) Employee Conduct Committee

For purposes of this supplemental Title IX procedure, the Employee Conduct Committee shall consist of three university employees appointed by the University President (or designee).

(5) Pre-Hearing Procedure

(A) Upon receiving the disciplinary notice, the Chair of the Employee Conduct Committee will send a hearing notice to all parties in compliance with WAC 10-08-040. In no event will the hearing date be set less than ten (10) days after the Title IX Coordinator provided the final investigation report to the parties.

(B) A party is entitled to be accompanied by an advisor of their choice during the disciplinary process at the party’s own expense. The advisor may be an attorney and/or, if the party is a represented employee, a union representative.

If the advisor is an attorney, the advisor must file a notice of appearance with the Chair of the Employee Conduct Committee with copies to all parties and the Employee Conduct Officer at least five (5) days before the hearing. If a notice of appearance is not filed within this timeframe, the party will be deemed to have waived the right to have an attorney as an advisor.

If a party is a represented employee who chooses not to use a union-provided advisor, the party must provide the Chair of the Employee Conduct Committee with a signed waiver of union representation, including written consent from the union.

(C) In preparation for the hearing, the parties will have equal access to all evidence gathered by the investigator during the investigation, regardless of whether the University intends to offer the evidence at the hearing.

(6) Rights of Parties

(A) The provisions of this supplemental procedure shall apply equally to both parties. 

(B) The university bears the burden of offering and presenting sufficient testimony and evidence to establish that the respondent is responsible for a Title IX violation by a preponderance of the evidence.

(C) The respondent will be presumed not responsible until such time as the disciplinary process has been finally resolved.

(D) During the hearing, each party shall be represented by an advisor. The parties are entitled to an advisor of their own choosing and the advisor may be an attorney or, if the respondent holds a represented position, a union representative. If a party does not choose an advisor, then the Title IX Coordinator will appoint an advisor of the university’s choosing on the party’s behalf at no expense to the party.

(7) Evidence. The introduction and consideration of evidence during the hearing is subject to the following procedures and restrictions:

(A) Relevance: The Conduct Committee Chair shall review all questions for relevance and shall explain on the record their reasons for excluding any question based on lack of relevance.

(B) Relevance means that information elicited by the question makes a fact is dispute more or less likely to be true.

(C) Questions or evidence about a complainant’s sexual predisposition or prior sexual behavior are not relevant and must be excluded, unless such question or evidence:

1. Is asked or offered to prove someone other than the respondent committed the alleged misconduct; or

2. Concerns specific incidents of prior sexual behavior between the complainant and the respondent, which are asked or offered on the issue of consent.

(D) Cross-examination required: If a party or witness does not submit to cross-examination during the live hearing, the Conduct Committee must not rely on any statement by that party or witness in reaching a determination of responsibility.

(E) No negative inference: The Conduct Committee may not make an inference regarding responsibility solely on a witness’s or party’s absence from the hearing or refusal to answer questions.

(F) Privileged evidence: The Conduct Committee shall not consider legally privileged information unless the holder has effectively waived the privilege. Privileged information includes, but is not limited to, information protected by the following:

1. Spousal/domestic partner privilege;

2. Attorney-Client and attorney work product privileges;

3. Privileges applicable to members of the clergy and priests;

4. Privileges applicable to medical providers, mental health therapists, and counsellors;

5. Privileges applicable to sexual assault and domestic violence advocates; and

6. Other legal privileges identified in RCW 5.60.060.

(8) Initial Order

(A) The Employee Conduct Committee will be responsible for drafting an Initial Order that:

1. Identifies the allegations of sexual harassment;

2. Describes the grievance and disciplinary procedures, starting with filing of the formal complaint through the determination of responsibility, including notices to parties, interviews with witnesses and parties, site visits, methods used to gather evidence, and hearings held;

3. Makes findings of fact supporting the determination of responsibility;

4. Reaches conclusions as to whether the facts establish whether the respondent is responsible for engaging in sexual harassment in violation of Title IX;

5. Contains a statement of, and rationale for, the Committee’s determination of responsibility for each allegation;

6. Describes any disciplinary sanction or conditions imposed against the respondent, if any;

7. Describes to what extent, if any, the complainant is entitled to remedies designed to restore or preserve complainant’s equal access to the University’s educational programs or activities; and

8. Describes the process for appealing the Initial Order to the University President.

(B) The Conduct Committee Chair will serve the Initial Order on the parties simultaneously.

(9) Appeals

(A) The parties have the right to appeal from the determination of responsibility and/or from a Title IX dismissal, in whole or part, of a formal complaint, as set forth in the Initial Order. A party may appeal by filing a written notice of appeal with the President’s Office within twenty days of service of the Initial Order. A party's notice of appeal must explain why the party disagrees with the disciplinary decision and what relief or remedy the party is requesting. Copies of the appeal must be provided to the Employee Conduct Officer and to all parties and their advisors of record.

(B) The President or President’s designee will determine whether the grounds for appeal have merit, provide the rationale for this conclusion, and state whether the disciplinary sanctions and conditions imposed in the Initial Order are affirmed, vacated, or amended, and, if amended, set forth the new disciplinary sanctions and conditions.

(C) The President’s Office shall serve the Final Decision on the parties simultaneously.

(D) All decisions reached through this process are final. No decisions or recommendations arising from this disciplinary procedure will be subject to grievance pursuant to any collective bargaining agreement.

 [Responsibility: Business & Financial Affairs Division; Authority: Cabinet/UPAC; Reviewed/Endorsed by: Cabinet/UPAC; Review/Effective Date: 09/29/2020; Approved by: James L. Gaudino, President] 

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CWUR 3-45-070 Ethics in Public Service

These procedures support CWUP 2-40-075 Ethical Conduct Standards. Refer to CWUP 2-40-230 Whistleblower Act and CWUR 3-20-010 Whistleblower Complaints for specific contact information for the Office of the State Auditor and those designated to receive Whistleblower complaints at CWU.

(1) Consultation – Faced with a question of ethics, employees are encouraged to discuss the issue with their supervisor, department chair, dean, and/or appointing authority. The executive director of human resources (HR) is designated as the university’s ethics advisor and may be contacted. Since the individual employee is responsible for ethical compliance, the CWU ethics advisor does not approve or disprove decisions or actions. Those who consult with the CWU ethics advisor can expect to engage in discussion about the situation, relevant criteria, laws, and regulations, and/or referral to other resources that may be available to assist in determining a proper course of action.

(2) Documentation – Employees and supervisors are encouraged to document the process used to determine the course of action taken as a result of a question of ethics. Documentation may include a complete description of the situation, the people, agencies, and/or websites that were consulted, as well as the rationale for the final decision. 

(3) Internal Complaint – If a university employee does not wish to file a Whistleblower complaint through the State Auditor’s Office, they may disclose assertions of improper governmental actions to:

Executive Director, Human Resources/CWU Ethics Advisor
Human Resources, Mitchell 101
Mail Stop: 7425
(509) 963-1256; staci.sleigh-layman@cwu.edu
http://www.cwu.edu/about/offices/human-resources/index

The Whistleblower Act does not apply to communications between university employees and HR. Instead, HR provides an additional venue for employees to disclose concerns. To the extent permissible, HR handles all information received in a confidential manner.

(4) Investigation – HR will analyze the complaint and develop a course of action to investigate and resolve the issue.  Investigations are performed independently and objectively through interviews and reviewing relevant documents and other evidence. HR documents the investigation procedures and results in working papers.

(5) Retaliation Prohibited – The goal of this process is to create an opportunity where employees can, in good faith, report problems without fear of retaliation. Those who report improper governmental actions and believe they have been subjected to retaliation as a result of this report, should contact the Executive Director of HR (contact information above). 

(6) Information and Training – Through HR, new university employees will be provided a summary of the Washington State Ethics Law and specific procedures for reporting improper governmental actions. HR will include workshops on the Washington State Ethics Law as part of the regular training calendar. This workshop will also be included as a requirement of the Supervisory Enrichment Program. Annually, in January, the Executive Director of HR will notify all CWU employees of contacts, procedures, and processes related to the Whistleblower Act.

[Responsibility: CFO/BFA; Authority: Cabinet/UPAC; Reviewed/Endorsed by: Cabinet/PAC; Review/Effective Date: 1/6/2017; Approved by: James L. Gaudino, President]

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CWUR 3-45-080 Conflict of Interest in Relationships

Central Washington University policy CWUP 2-40-075, Ethical Conduct Standards, and the Washington State Ethics in Public Services law (RCW 42.52) provide guidance on ethical standards for university employees.  These procedures give specific guidance on the management of conflicts of interest which may occur. See corresponding policy (CWUP 2-40-070 Conflict of Interest).

(1) Faculty and staff should avoid a conflict of interest in relationships. If a conflict occurs, the first possibility for eliminating the conflict of interest is to discontinue the consensual relationship with an inherent power differential. If discontinuing a personal relationship or eliminating the conflict of interest is unachievable, the employee will disclose to his/her supervisor (such as director, chair, director, or dean) the nature of the conflict of interest. Other persons who perceive a conflict of interest may also bring the matter to the attention of the appropriate supervisor.

(2) The employee, in consultation and cooperation with the supervisor, will eliminate or manage the power differential in the relationship to prevent or eliminate a conflict of interest. Alternative means for supervision, teaching, advising, or evaluation of the subordinate employee or student is generally required. 

(3) Supervisors are responsible for documenting the disclosure and resolution of the conflict of interest. This documentation should be signed by the employee with the power differential over the subordinate employee or student. The supervisor will inform the director of equal opportunity of the conflict of interest and resolution.

(4) Failure to comply with these guidelines constitutes unprofessional conduct.

(5) Responsibility for implementation, monitoring and execution of the conflict of interest policy and procedures rests with the executive director of human resources, Mitchell 101, 509-963-1256, staci.sleigh-layman@cwu.edu.

[Responsibility: CFO/BFA; Authority: Cabinet/UPAC; Reviewed/Endorsed by: Cabinet/UPAC; Review/Effective Date: 01/06/2017; Approved by: James L. Gaudino, President]

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CWUR 3-45-090 Conflict of Interest Standards - All Employees

Situations that Constitute Conflicts of Interest. While it is difficult to list all circumstances that may create a conflict of interest for individual employees, the university defines the following situations as prohibited actions.

General Principles of Ethical Conduct

All employees of the university:

(A) Shall not hold financial interests that are in conflict with the conscientious performance of their official duties and responsibilities;

(B) Shall not engage in any financial transaction in order to further any private interest using nonpublic information of the university;

(C) Shall put forth honest effort in the performance of their duties;

(D) Shall make no unauthorized commitments or promises of any kind purporting to bind the university;

(E) Shall not use their public offices for private gain;

(F) Shall act impartially and not give preferential treatment to any private or public organization or individual;

(G) Shall protect and conserve public property and shall not use it for other than authorized activities;

(H) Shall not engage in outside employment or activities, including seeding or negotiating for employment, that conflicts with official duties and responsibilities;

(I) Shall promptly disclose to staff, or designee, of the university, waste, fraud, abuse, or corruption in accordance with applicable law and policy;

(J) Shall endeavor to avoid any actions that would create the appearance that they are violating the law or the ethical standards of the university;

(K) Shall disclose potential conflicts of interest to staff, or designee, of the university, and avoid conflicts of interest, potential conflicts of interest, and circumstances giving rise to the appearance of a conflict of interest.

Conflict of Interest

A conflict of interest occurs when a person’s private interests compete with his or her professional obligations to the board-governed entity to a degree that an independent observer might reasonably question whether the person’s professional actions or decisions are materially affected by personal considerations, including but not limited to personal gain, financial or otherwise.

Considerations of Transactions

(A) In the event that a person subject to this policy shall be called upon to consider a transaction involving a Board-governed entity and a person, entity, party, or organization with which the person is affiliated, as defined below, such person, as soon as he or she has knowledge of the transaction, shall:

1. disclose fully to staff, or designee, of the University, the precise nature of his or her interest or involvement in the transaction and/or such organization, and

2. refrain from participating in the university’s consideration of the proposed transaction.

(B) Each person subject to this policy shall disclose to staff, or designee, of the university, all relationships and business affiliations that reasonably could give rise to a conflict of interest because of the employee’s duties and responsibilities. This disclosure obligation is ongoing, and each employee has a duty to supplement or amend his or her disclosure when the employee knows that the disclosure was incorrect in a material respect when made or the disclosure, though correct when made, has become inaccurate in a material respect.

(C) For the purposes of this policy, an employee is “affiliated” with an organization if the person, a member of the person’s immediate family (i.e., spouse, parents, children, brothers, and sisters), or a person residing in the employee’s household or a legal dependent of the employee:

1. is an officer, director, trustee, partner, employee, or agent of such organization;

2. is either the actual or beneficial owner of more than one percent (1%) of the voting stock of or a controlling interest in such organization;

3. has any other direct or indirect dealings with such organization from which the employee is materially benefited. It shall be presumed that an employee is “materially benefited” if he or she receives, either directly or indirectly, money, services, or other property in excess of one thousand dollars ($1000) in any year in the aggregate.

(D) All disclosures required to be made hereunder must be directed, in writing, to staff, or designee, of the university.

[Responsibility: Business and Financial Affairs; Authority: Cabinet/UPAC; Reviewed/Endorsed by: Cabinet/UPAC; Review/Effective Date: 02/20/2019; Approved by: James L. Gaudino, President]

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