Due Process Rights for Respondents and Complainants
- Any person can file a report concerning a potential policy violation or concerning behaviors to the Office of Student Rights and Responsibilities through an incident report, behaviors of concern report, or by contacting the office directly.
- Any student who may potentially be in violation of university policy (respondent) will receive notification of the potential policy violations and the date of the alleged incident. The notification will also include a date, time, and location of the required Student Conduct Hearing to discuss the incident.
- The victim (complainant) will also receive notification of a separate initial meeting with a conduct officer to gain more information about the incident, and to ask clarifying questions.
- The Student Conduct Hearing will give the respondent and complainant the opportunity to review the Student Conduct Code, review the allegations, and provide an opportunity to share their side of the incident.
- In these meetings, both the complainant and respondent have the opportunity to have an advisor (a professional staff member assigned to them to help them understand the conduct process) and a support person (friend, family member, attorney, faculty member, etc), if they choose.
- Based on the information gathered throughout the investigation, the conduct officer will determine whether the student is responsible or not responsible for violating the university policy and will assign educational sanctions consistent with the level of offense.
- Both the complainant and respondent will be notified of the outcome either personally, electronically, or in writing.
- Both students have the right to appeal any decision to the Student Conduct Council.
For more information on the campus reporting process or rights of students, please contact the Office of Student Rights and Responsibilities at 509-963-1515.
Policies and Term Definitions
Central Washington University will not tolerate sexual assault, sexual violence, or sexual misconduct in any form. The university affirms respect, responsibility and caring among all persons within the community. Allegations of sexual assault by students will be administered by the Office of the Dean of Student Success.
The University is committed to preventing all forms of sexual assault, sexual violence, or sexual misconduct and to providing accessible, responsive services for dealing with such offenses. Sexual assault on the part of any member of the university community is clearly inconsistent with Central Washington University values. It is also considered a form of sexual harassment in violation of the university student rights and responsibilities policy, as well as a violation of state and federal law.
- Consent: An informed agreement between the parties involves to share some type of sexual activity.
- Complainant: Any person who is the alleged victim of prohibited student conduct, whether or not such person has made an actual complaint.
- Conduct Officer: University official designated by the university to be responsible for initiating disciplinary action for alleged violations of this code.
- Disciplinary Action: The decision of the designated university official regarding alleged violations of the student code and includes any disciplinary sanction imposed for such violations. Disciplinary action does not include a summary suspension.
- Harassment: Unwelcome and offensive conduct, including verbal, nonverbal, or physical conduct that is directed at a person that creates an intimidating, hostile, or offensive environment for any campus community member(s).
- Intimate Partner Violence: A pattern of behaviors used by one partner to maintain power and control over another partner in an intimate relationship. Can also be known as dating or domestic violence.
- Personal Offenses: Offense against the security or safety of any person and includes physical assault, reckless endangerment, physical or verbal abuse, threats, intimidation, harassment, bullying, stalking, invasion of privacy or other similar conduct that is reasonably perceived as threatening the health and safety of another person.
- Preponderance of Evidence: a standard of proof requiring that facts alleged as constituting a violation of this code must be proved on a more likely than not basis.
- Respondent: a student against whom disciplinary action is initiated.
- Retaliation: Harming, threatening, intimidating, coercing, or taking adverse action of any kind against a person because that person reported an alleged violation of this code or another university policy, provided information about an alleged violation, or participated as a witness or in any other capacity in a university investigation or disciplinary proceeding.
- Sexual Harassment: Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. This can include but is not limited to: physical assault; direct sexual propositions; sexually explicit statements, questions, or jokes; unnecessary touching; or remarks of a sexual nature about a person’s clothing or body.
- Sexual Intimidation: Threatening or emotionally distressing conduct based on sex, including stalking, voyeurism, indecent exposure, or the nonconsensual recording of sexual activity or distribution of such recording.
- Sexual Misconduct: Includes sexual harassment, sexual intimidation, and sexual violence.
- Sexual Violence: Physical and sexual acts that are unwanted or where a person cannot give consent. A number of acts fall into the category of sexual violence including rape, sexual assault, sexual battery, and sexual coercion.
- Stalking: Stalking is a pattern of repeated and unwanted attention, harassment, contact, or any other course of conduct directed at a specific person that would cause a reasonable person to feel fear.
Questions? Please contact:
■ Thomas Pedersen, Interim Title IX Coordinator (email@example.com; 509-963-2031); or
■ Marissa Howat, Director, Wellness Center (Marissa.Howat@cwu.edu; 509-963-3233)