Policy Prohibiting Discrimination, Harassment, and/or Sexual Misconduct

I. Policy Statement and Notice of Nondiscrimination

The University of Puget Sound (“Puget Sound” or university) is a community that encourages a rich knowledge of self and others, an appreciation of commonality and difference, the full, open, and civil discussion of ideas, thoughtful moral discourse, and the integration of learning. The university values and celebrates a diverse learning, living, and working environment based on mutual respect, trust, and responsibility. This policy addresses acts that are contrary to these values. These acts include discrimination, harassment, sexual misconduct (including sexual assault or sexual violence, interpersonal (relationship) violence, sexual exploitation, and stalking), and retaliation.

In accordance with its Statement on Equal Opportunity and Nondiscrimination, Puget Sound does not discriminate within its employment or educational opportunities on the basis of sex, race, color, nation of origin, religion, creed, age, disability, marital or familial status, sexual orientation, gender identity, sex stereotypes, sex characteristics, pregnancy or related conditions, veteran or military status, political affiliation, or any other characteristic protected by the Civil Rights Act of 1964, Title IX of the Educational Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, Americans with Disabilities Act, and applicable federal, state or local laws.

The university encourages any person who believes they have been subject to prohibited discrimination, harassment, sexual misconduct or retaliation to seek prompt assistance under the Policy. Information about reporting options can be found in Section VIII below.

II. Coverage

This Policy applies to both employment and access to educational opportunities and covers University Community Members, Campus Visitors, and other nonmembers (“Covered Individuals”). Therefore, any Covered Individual whose acts deny, deprive, unreasonably interfere with or limit the education or employment, residential and/or social access, benefits, and/or opportunities of any member of the university community, guest, or visitor on the basis of that person’s actual or perceived protected basis/characteristic(s), may be in violation of this Policy.

This Policy is intended to meet, and may exceed, the requirements of applicable federal, state, and local law. However, this Policy does not provide a substitute procedure for redressing any person’s legal rights, or create legal rights separate from applicable laws. Additionally, the university is not prevented by this Policy from acting to remedy a problem that could also be remedied by resort to legal action. The university may take appropriate protective and administrative action even in situations where the Complainant is absent.

University policies are written and interpreted broadly to include online manifestations of any behaviors prohibited within this Policy, when those behaviors occur in or have an effect on the university’s education program and activities, workplace environment, or when they involve the use of university networks, technology, or equipment. Any online posting or other electronic communication by University Community Members, including technology-facilitated stalking, harassment, etc., occurring completely outside of the university’s control (e.g., not on university networks, websites, or between university email accounts) will be subject to this Policy only when such online conduct can be shown to cause (or will likely cause) a violation of this Policy.

This Policy may also pertain to instances in which the conduct occurred outside of the campus or university sponsored activity if the university determines that the off-campus conduct is within the jurisdiction of its disciplinary authority or affects a Substantial University Interest, including access to an educational program or activity, safety and security, compliance with applicable laws, and meeting its educational mission.

A. Investigating Complaints; Resolution Process

The university will promptly and effectively address any such discrimination of which it has Notice using the Resolution Process in the Procedure for Responding to Complaints of Discrimination, Harassment, and Sexual Misconduct (“Procedure”). The university may impose sanctions if the prohibited conduct occurs on the university campus or in connection with a person’s participation in a university-sponsored organization, program, or activity, or if the conduct poses a risk of harm to any University Community Member, including but not limited to any of the harmful effects encompassed by the definition of discrimination, harassment, or sexual misconduct.

1. Special Provisions When Respondent Unknown or Not a Member of the University Community (Campus Visitors, Vendors, etc.)

If the Respondent is unknown or is not a University Community Member, this Policy's associated Procedure will not be used; however, the Title IX Coordinator/Equal Opportunity Officer will offer to assist the Complainant in identifying appropriate institutional and local resources and support options, and will implement appropriate Supportive Measures and/or remedial actions (e.g., trespassing a person from campus). The university can also assist in contacting local or institutional law enforcement if the individual would like to file a police report about criminal conduct.

All vendors serving the university through third-party contracts are subject to the policies and procedures of their employers and to university policies to which their employer has agreed to comply.

When the Respondent is enrolled in or employed by another institution of higher education, the Title IX Coordinator/Equal Opportunity Officer can assist the Complainant in contacting the appropriate individual at that institution, as it may be possible to pursue action under that institution’s policies.

Similarly, the Title IX Coordinator/Equal Opportunity Officer may be able to assist and support a student or employee Complainant who experiences discrimination in an externship, study abroad program, or other environment external to the university where harassment or nondiscrimination policies and procedures of the facilitating or host organization may give the Complainant recourse. If there are effects of that external conduct that impact a student or employee’s work or educational environment, those effects can often be addressed remedially by the Title IX Coordinator/Equal Opportunity Officer if brought to their attention.

2. Special Provisions for Certain Disability-based Grievances and Complaints

The provision (or non-provision) of disability-based accommodations and associated appeals related specifically to the provision of accommodations are addressed through the following:

• Students: www.pugetsound.edu/student-accessibility-accommodation-saa/accommodations/appeals-process
• Employees (faculty or staff): www.pugetsound.edu/staff-faculty-accommodation-faq

However, allegations of discrimination or harassment on the basis of an actual or perceived disability, including instances in which the request for reasonable accommodation leads to discrimination or retaliatory behavior provision of reasonable accommodations has a discriminatory effect, will be resolved under this Policy.

III. Definitions

Capitalized terms and phrases not already explained are defined within Appendix A.

IV. Responsible Employee Reporting, Confidential Resources, Privileged Resources

A. Responsible Employees

Unless an exception applies, all university faculty and employees are Responsible Employees and are expected to promptly report all known details of actual or suspected discrimination, harassment, and/or retaliation to the Title IX Coordinator/Equal Opportunity Officer immediately:

• EXCEPTION: Employees who are designated Confidential or Privileged Resources are not Responsible Employees.
• EXCEPTION: Student staff and student leaders are not considered Responsible Employees while performing in these roles unless their job descriptions or student leadership agreements specifically identify this responsibility.
• EXCEPTION: Responsible Employees are not required to report information disclosed at public awareness events (such as “Take Back the Night,” protests, “survivor speak-outs,” or other public forums in which students or employees may disclose incidents of prohibited conduct).
• EXCEPTION: Responsible employees are not required to report information obtained through conducting human subjects research as part of a study approved by the university’s Institutional Review Board (IRB).

Individuals should be aware that if they share personally identifiable details with Responsible Employees, those details must be shared with the Title IX Coordinator/Equal Opportunity Officer. Responsible Employees should make every effort to ensure that the individual understands the Responsible Employee's reporting obligations.

Responsible Employees will immediately pass Notice to the Title IX Coordinator/Equal Opportunity Officer (and/or police, if desired by the Complainant or required by law), who will act when an incident is reported to them.

Failure of a Responsible Employee to report an incident of discrimination, harassment, sexual misconduct, or retaliation of which they become aware is a violation of university policy and can be subject to disciplinary action for failure to comply/failure to report.

When a person discloses or reports conduct prohibited under this Policy to a Responsible Employee, the Responsible Employee is expected to promptly report all known details to the Title IX Coordinator/Equal Opportunity Officer. Details, if known, include but are not limited to the following: the names of all parties involved; the date(s), time(s) and specific location(s) of the alleged sexual misconduct; and a description of the incident(s). The information reported to a Responsible Employee will be shared only with those responsible for handling the university’s response to the report or those who have a need to know. Complainants or other reporting parties are urged to file a report directly with the Title IX Coordinator/Equal Opportunity Officer.

B. Confidential Resources

To enable Complainants and Respondents to access support and resources without filing a Complaint, the university has designated specific employees as Confidential Resources. To be able to respect confidentiality, the Confidential Resource must be in a confidential relationship with the person reporting and acting within the confidential role at the time of receiving the Notice.

The university’s designation of an employee as a “Confidential Resource” under this Policy does not exempt the employee from other mandatory reporting obligations under state child abuse reporting laws, the Clery Act as a campus security authority, or other laws that require reporting to campus or local law enforcement.

A Confidential Resource must provide the Complainant with the Title IX Coordinator/Equal Opportunity Officer’s contact information and offer options and resources. A Confidential Resource is not required to report identifying information to the Title IX Coordinator/Equal Opportunity Officer about prohibited conduct under this Policy, but must report non-identifying information to the Clery Coordinator for federal Clery Act (campus crime) reporting purposes.

A Confidential Resource must tell a Complainant disclosing an incident of prohibited conduct to them that no report to the Title IX Coordinator/Equal Opportunity Officer will occur and therefore no Supportive Measures, investigation, resolution, or sanctions can take place unless the Complainant separately reports the incident to the Title IX Coordinator/Equal Opportunity Officer or to a Responsible Employee. A Complainant who consults with a Confidential Resource may also decide to file a report with the university and/or report the incident to local law enforcement and may choose to participate in an investigation.

A list of individuals who have been designated as Confidential Resources as well as off-campus resources can be found at www.pugetsound.edu/title-ix-equal-opportunity.

C. Privileged Resources

A Privileged Resource is someone who is not required to report any information about any conduct prohibited under this Policy to the Clery Coordinator or the Title IX Coordinator/Equal Opportunity Officer as long as the Privileged Resource received the information while performing in their official capacity.

The university’s designation of an employee as a “Privileged Resource” under this Policy does not exempt the employee from other mandatory reporting obligations under state child abuse reporting laws, or other laws that require reporting to campus or local law enforcement. Privileged resources at the university are:

Licensed medical professional at:

Counseling, Health & Wellness Services (CHWS) 
Wheelock Student Center #216
253.879.1555
chws@pugetsound.edu
https://www.pugetsound.edu/counseling-health-wellness-services-chws

University Chaplain
Wheelock Student Center #203
253. 879.3818
chaplaincy@pugetsound.edu (for appointment scheduling only - do not include confidential information)

A Privileged Resource must provide the Complainant with the Title IX Coordinator/Equal Opportunity Officer’s contact information and offer options and resources. A Complainant who consults with a Privileged Resource may also decide to file a report with the university and/or report the incident to local law enforcement and may choose to participate in an investigation.

In addition, Complainants may speak with individuals unaffiliated with the university without concern that this Policy will require them to disclose information to the university without permission, such as:

• Licensed professional counselors and other medical providers
• Local rape crisis counselors
• Domestic violence resources
• Local or state assistance agencies
• Clergy/Chaplains
• Attorneys
• Employee Assistance Program (for employees only)

V. Prohibited Conduct

The sections below describe the specific prohibited conduct that constitutes discrimination, harassment, sexual misconduct, and retaliation under this Policy. When speech or expression is protected by the university's Statement on Academic Freedom and the Exercise of Free Speech, it will not be considered a violation of university policy.

All definitions below encompass actual and/or attempted conduct.

Any of the following conduct can be charged as or combined as pattern conduct, in which case the Notice of Investigation and Allegation (NOIA) will clearly indicate that both individual incidents and a pattern of conduct are being investigated. A pattern may exist and be charged when there is a substantial similarity to incidents where the proof of one could make it more likely that the other(s) occurred, and vice-versa. Patterns may exist based on similarity of Complainants, similarity of conduct, or other factors. If a pattern is found following an investigation, it can be the basis to enhance sanctions accordingly.

Violation of any other university policies may also constitute prohibited discrimination or harassment when motivated by actual or perceived protected basis/characteristic(s), and the result is a limitation or denial of employment or educational access, benefits, or opportunities.

The university reserves the right to address conduct under other relevant university policies, codes, or standards when such conduct does not meet the definition of prohibited conduct as outlined in this Policy.

Sanctions for findings of Prohibited Conduct range from counseling through expulsion/termination.

A. Prohibited Discrimination

Prohibited discrimination is the treatment of an applicant, employee, or student less favorably based on a protected basis/characteristic, rather than individual merit.

Discrimination can take two primary forms:

1. Disparate Treatment Discrimination

• Any intentional differential treatment of a person or persons that is based on an individual’s actual or perceived protected basis/characteristic and that excludes an individual from participation in, denies the individual benefits of; or otherwise adversely affects a term or condition of an individual’s participation in a university program or activity.

2. Disparate Impact Discrimination

• Disparate impact occurs when policies or practices that appear to be neutral unintentionally result in a disproportionate impact on a protected group or person that excludes an individual from participation in, denies the individual benefits of or otherwise adversely affects a term or condition of an individual’s participation in a university program or activity.

Unless permitted by law, adopting a policy or engaging in a practice that prevents a person from participating in an education program or activity consistent with the person’s gender identity subjects a person to more than de minimis harm on the basis of sex and will be considered prohibited discrimination.

Examples of conduct that may constitute discrimination if based on an individual’s protected basis/characteristic include but are not limited to:

• Singling out or targeting an individual for different or less favorable treatment (e.g., more severe sanctions/discipline, lower pay) because of their protected basis/characteristic.
• Failing or refusing to hire or admit an individual because of their protected basis/characteristic.
• Terminating an individual from employment or an educational program based on their protected basis/characteristic.
• Having a height or lifting requirement in a job posting that is not related to the position’s duties.
• Prohibiting head coverings without exceptions or job-related reason.
• Requiring employees to work on a religious holiday without allowing for exceptions.
• Providing educational resources only to members of certain races
• Denying a scholarship because of a protected basis/characteristic

B. Prohibited Harassment (also known as “Hostile Environment” Harassment) 

Unwelcome verbal, written or physical conduct, or conduct using technology which limits or denies a student’s ability to participate in or benefit from an educational program or a faculty, staff or student staff member’s ability to perform or participate in a work environment. This conduct must be so severe, persistent or pervasive that it has the purpose or effect of unreasonably interfering with an individual’s work performance or academic or co-curricular participation. Within the employment setting, a hostile work environment exists where 1) enduring offensive conduct becomes a condition of continued employment, or 2) the conduct is severe or pervasive enough to create a work environment that a reasonable person^[1] would consider intimidating, hostile, or abusive.

C. Specific Considerations for Sex-based Harassment

In addition to the above definition of prohibited harassment, there are additional protections for harassment specifically based on sex, as defined below:

1. Quid pro quo

An employee agent, or other person authorized by the university to provide an aid, benefit, or service under the university’s education program or activity, explicitly or impliedly conditioning the provision of such aid, benefit, or service on a person’s participation in unwelcome sexual conduct.

2. Hostile Environment

Unwelcome verbal, written or physical conduct, or conduct using technology which limits or denies a student’s ability to participate in or benefit from an educational program or a faculty, staff or student staff member’s ability to perform or participate in a work environment. This conduct must be so severe, persistent or pervasive that it has the purpose or effect of unreasonably interfering with an individual’s work performance or academic or co-curricular participation. Within the employment setting, a hostile work environment exists where 1) enduring offensive conduct becomes a condition of continued employment, or 2) the conduct is severe or pervasive enough to create a work environment that a reasonable person^[1] would consider intimidating, hostile, or abusive.

3. Sexual Assault

Any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent; also unlawful sexual intercourse.

a. Rape

Penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the Complainant.

b. Fondling

The touching of the private body parts (breasts, buttocks, groin) of the Complainant by the Respondent or causing the Complainant to touch the Respondent’s private body parts intentionally for a sexual purpose without the consent of the Complainant, including instances where the Complainant is incapable of giving consent because of their age or because of their temporary or permanent mental incapacity or physical incapacity.

c. Incest

Nonforcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by Washington State law.

d. Statutory Rape

Nonforcible sexual intercourse with a person who is under the statutory age of consent of Washington State.

4. Dating Violence

Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim; and where the existence of such a relationship shall be determined based on a consideration of the following factors:

• The length of the relationship;
• The type of relationship; and
• The frequency of interaction between the persons involved in the relationship.

5. Domestic Violence^[2]

Felony or misdemeanor crimes of violence committed by a person who:

• Is a current or former spouse or intimate partner of the victim under the family or domestic violence laws of the jurisdiction of Washington, or a person similarly situated to a spouse of the victim;
• Is cohabitating, or has cohabitated, with the victim as a spouse or intimate partner;
• Shares a child in common with the victim; or
• Commits acts against a youth or adult victim who is protected from those acts under the family or domestic violence laws of Washington.

6. Stalking

Engaging in a course of conduct on the basis of sex, that is directed at a specific person that would cause a reasonable person to fear for the person’s safety or the safety of others; or suffer substantial emotional distress.^[3]

For the purposes of this definition—

• Course of conduct means two or more acts, including, but not limited to, acts in which the Respondent directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property.
• Substantial emotional distress means significant mental suffering or anguish that may but does not necessarily require medical or other professional treatment or counseling.

D. Other Prohibited Sexual Misconduct

1. Sexual Exploitation^[4]

An individual taking non-consensual or abusive sexual advantage of another for their own benefit or for the benefit of anyone other than the person being exploited, that does not otherwise constitute Sex-based Harassment as defined above.

Examples of Sexual Exploitation include, but are not limited to:

• Sexual voyeurism (such as observing or allowing others to observe a person undressing or using the bathroom or engaging in sexual acts, without the consent of the person being observed).
• Knowingly making an unwelcome disclosure of (or threatening to disclose) an individual's sexual orientation or gender identity.
• Taking pictures, video, or audio recording of another in a sexual act, or in any other sexually related activity when there is a reasonable expectation of privacy during the activity, without the consent of all involved in the activity; or exceeding the boundaries of consent (such as allowing another person to hide in a closet and observe sexual activity, or disseminating sexual pictures without the photographed person’s consent), including the making or posting of non-consensual pornography.
• Prostituting another person.
• Engaging in sexual activity with another person while knowingly infected with human immunodeficiency virus (HIV) or a sexually transmitted disease (STD) or infection (STI), without informing the other person of the virus, disease, or infection.
• Causing or attempting to cause the incapacitation of another person (through alcohol, drugs, or any other means) for the purpose of compromising that person’s ability to give consent to sexual activity, or for the purpose of making that person vulnerable to non-consensual sexual activity.
• Misappropriation of another person’s identity on apps, websites, or other venues designed for dating or sexual connections (e.g., spoofing or "catphishing").
• Forcing a person to take an action against that person’s will by threatening to show, post, or share information, video, audio, or an image that depicts the person’s nudity or sexual activity.
• Knowingly soliciting a minor for sexual activity.
• Engaging in sex trafficking.
• Knowingly creating, possessing, or disseminating child sexual abuse images or recordings.
• Creating or disseminating synthetic media, including images, videos, or audio representations of individuals doing or saying sexually-related things that never happened, or placing identifiable real people in fictitious pornographic or nude situations without their consent (i.e., Deepfakes).

E. Prohibition Against Retaliation

Adverse action, including intimidation, threats, coercion, or discrimination against any person or by the university, a student, employee, or a person authorized by the university to provide aid, benefit, or service under the university’s education program or activity, for the purpose of interfering with any right or privilege secured by law or Policy, or because the person has engaged in protected activity, including reporting information, making a Complaint, testifying, assisting, or participating or refusing to participate in any manner in the Resolution Process, including an Agreement-based Resolution process, or in any other appropriate steps taken by the university to promptly and effectively end any discrimination or harassment in its education program or activity, prevent its recurrence, and remedy its effects.

The exercise of rights protected under the Statement on Academic Freedom and the Exercise of Free Speech, does not constitute retaliation. It is also not retaliation for the university to pursue Policy violations against those who make materially false statements in bad faith in the course of a resolution under the Policy Prohibiting Discrimination, Harassment, and Sexual Misconduct. However, the determination of responsibility, by itself, is not sufficient to conclude that any party has made a materially false statement in bad faith.

F. Unauthorized Disclosure^[5]

• Distributing or otherwise publicizing materials created or produced during an investigation or Resolution Process except as required by law or as expressly permitted by the university.

G. Failure to Comply/Process Interference

• Intentional failure to comply with the reasonable directives of the Title IX Coordinator/Equal Opportunity Officer (or designee) in the performance of their official duties, including with the terms of a No-Contact Order
• Intentional failure to comply with emergency actions
• Intentional failure to comply with sanctions
• Intentional failure to adhere to the terms of an agreement achieved through informal resolution
• Intentional failure to comply with mandated reporting duties as defined in this Policy
• Intentional interference with the Resolution Process, including but not limited to:
  • Destruction of or concealing of evidence
  • Actual or attempted solicitation of knowingly false testimony or providing false testimony or evidence
  • Intimidating or bribing a witness or party

VI. Consent, Force, and Incapacitation

As used in this Policy, the following definitions and understandings apply:

A. Consent

Consent is defined as knowing, voluntary, and clear permission by word or action to engage in sexual activity.^[6]

Individuals may perceive and experience the same interaction in different ways. Therefore, it is the responsibility of each party to determine that the other has consented before engaging in the activity.

If consent is not clearly provided prior to engaging in the activity, consent may be ratified by word or action at some point during the interaction or thereafter, but clear communication from the outset is strongly encouraged.

For consent to be valid, there must be a clear expression in words or actions that the other individual consented to that specific sexual conduct. Consent is evaluated from the perspective of what a reasonable person would conclude are mutually understandable words or actions. Reasonable reciprocation can establish consent. For example, if someone kisses you, you can kiss them back (if you want to) without the need to explicitly obtain their consent to be kissed back. Consent cannot be obtained through coercion or force nor can an incapacitated person give consent.

Consent can also be withdrawn once given, as long as the withdrawal is reasonably and clearly communicated using mutually understandable terms (such as “no”, “stop”, “quit”, or other similar words) or other terms agreed upon in advance between the parties (“safe words”) and/or through mutually understandable non-verbal activity (such as stopping participation, turning away, moving away, pushing, kicking, or other similar actions). If consent is withdrawn, sexual activity should cease immediately.

Silence or the absence of resistance alone should not be interpreted as consent. Consent is not demonstrated by the absence of resistance. While resistance is not required or necessary, it is a clear demonstration of non-consent.

Consent to some sexual contact (such as kissing or fondling) cannot be assumed to be consent for other sexual activity (such as intercourse). A current or previous intimate relationship is not sufficient to constitute consent. If an individual expresses conditions on their willingness to consent (e.g., use of a condom) or limitations on the scope of their consent, those conditions and limitations must be respected. If a sexual partner shares the clear expectation for the use of a condom, or to avoid internal ejaculation, and those expectations are not honored, the failure to use a condom, removing a condom, or internal ejaculation can be considered acts of sexual assault.

Proof of consent or non-consent is not a burden placed on either party involved in a Complaint. Instead, the burden remains on the university to determine whether its Policy has been violated. The existence of consent is based on the totality of the circumstances evaluated from the perspective of a reasonable person in the same or similar circumstances, including the context in which the alleged misconduct occurred and any similar and previous patterns that may be evidenced.

Going beyond the boundaries of consent is prohibited. Thus, unless a sexual partner has consented to slapping, hitting, hair pulling, strangulation, or other physical roughness during otherwise consensual sex, those acts may constitute dating violence or sexual assault.^[7]

B. Force

Force is the use of physical violence and/or physical imposition to gain sexual access. Sexual activity that is forced is, by definition, non-consensual, but non-consensual sexual activity is not necessarily forced. Force is conduct that, if sufficiently severe, can negate consent.

Force also includes threats, intimidation (implied threats), and coercion that is intended to overcome resistance or produce consent (e.g., “Have sex with me or I’ll hit you,” which elicits the response, “Okay, don’t hit me. I’ll do what you want.”).

Coercion is unreasonable pressure for sexual activity. Coercive conduct, if sufficiently severe, can render a person’s consent ineffective, because it is not voluntary. When someone makes clear that they do not want to engage in sexual activity, that they want to stop, or that they do not want to go past a certain point of sexual interaction, continued pressure beyond that point can be coercive. Coercion is evaluated based on the frequency, intensity, isolation, and duration of the pressure involved. 

C. Incapacitation

Incapacitation is a state where a person is incapable of giving consent. An incapacitated person cannot make rational, reasonable decisions because they lack the capacity to give knowing/informed consent (e.g., to understand the “who, what, when, where, why, and how” of their sexual interaction). A person cannot consent if they are unable to understand what is happening or are disoriented, helpless, asleep, or unconscious for any reason, including because of alcohol or other drug consumption.

This Policy also covers a person whose incapacity results from a temporary or permanent physical or mental health condition, involuntary physical restraint, and/or the consumption of incapacitating substances.

Incapacitation is determined through consideration of all relevant indicators of a person’s state and is not synonymous with intoxication, impairment, blackout, and/or being drunk.

If the Respondent neither knew nor should have known the Complainant to be physically or mentally incapacitated, the Respondent is not in violation of this Policy. “Should have known” is an objective, reasonable person standard that assumes that a reasonable person is both sober and exercising sound judgment.

VII. Prohibited Relationships

The university prohibits any intimate relations between a faculty member and a student. All members of the faculty are by default considered to be in a supervisory role with students. Pre-existing, on-going intimate relationships between a faculty member and someone who is enrolling at the university should be disclosed to the Title IX Coordinator.

The university also prohibits intimate relations between a staff member and a student whenever the staff member is in a position of professional responsibility with respect to the student.

Intimate relations are defined as occurring when romantic or sexual contact, or inappropriate personal attention, is established between one person or persons and another person or persons. Such contact may be a single instance or it may involve an ongoing pattern of contact. This Policy should not be understood as prohibiting friendship or mentorship of a platonic nature.

In accordance with the university’s conflict of interest provisions, this Policy prohibits faculty or staff members from exercising supervisory responsibility with respect to another faculty or staff member with whom they are involved in an intimate relationship. A faculty or staff member who enters into an intimate relationship with a subordinate is required to promptly disclose the relationship to the appropriate supervisor(s) or department head(s) so that reassignment, alternative supervision processes, or other arrangements can be facilitated and documented.

The Title IX Coordinator may investigate any reported prohibited relationship as an alleged violation of this Policy.

VIII. Supportive Measures

A. Offering and Providing Supportive Measures

The university, through its Title IX Coordinator/Equal Opportunity Officer, will offer and implement appropriate and reasonable Supportive Measures to the Complainant upon Notice of alleged discrimination, harassment, and/or retaliation and to the Respondent when they are notified of the allegations. Supportive measures are non-disciplinary, non-punitive individualized services offered as appropriate and reasonably available regardless of whether the Complainant decides to proceed with a Complaint. They are offered, without fee or charge to the parties, to restore or preserve access to the university’s workplace and educational programs or activities, including measures designed to protect the safety of all parties and/or the university’s educational or workplace environment and/or to deter discrimination, harassment, and/or retaliation.

The university will maintain the confidentiality of the Supportive Measures, provided that confidentiality does not impair the university’s ability to provide those Supportive Measures. The university will act to ensure as minimal an academic/occupational impact on the parties as possible. The university will implement measures in a way that does not unreasonably burden any party.

These actions may include, but are not limited to:

• Referral to counseling, medical, and/or other healthcare services.
• Referral to the Employee Assistance Program.
• Referral to community-based service providers.
• Student financial aid counseling.
• Education to the institutional community or community subgroup(s).
• Altering campus housing assignment(s).
• Altering work arrangements for employees or student-employees.
• Safety planning.
• Providing campus safety escorts.
• Providing transportation assistance.
• Implementing contact limitations (No-Contact Orders) between the parties.
• Academic support, extensions of deadlines, or other course/program-related adjustments.
• Trespass or be-on-the-lookout (BOLO) orders.
• Timely warnings.
• Class schedule modifications, withdrawals, or leaves of absence.
• Increased security and monitoring of certain areas of the campus.
• Any other actions deemed appropriate by the Title IX Coordinator/Equal Opportunity Officer.

Violations of No-Contact Orders or other restrictions may be referred to appropriate student or employee conduct processes for enforcement or added as collateral misconduct allegations to an ongoing Complaint under this Policy.

B. Appeals, including modifications or reversals, of Supportive Measures

The parties are provided with a timely opportunity to seek modification or reversal of the university’s decision to provide, deny, modify, or terminate Supportive Measures applicable to them. A request to do so should be made in writing to the Title IX Coordinator/Equal Opportunity Officer. An impartial employee other than the employee who implemented the Supportive Measures, who has authority to modify or reverse the decision, will determine whether to provide, deny, modify, or terminate the Supportive Measures if they are inconsistent with the university’s obligations.

The university will also provide the parties with the opportunity to seek additional modification or termination of Supportive Measures applicable to them if circumstances change materially. The university typically renders decisions on Supportive Measures within seven (7) business days of receiving a request and provides a written determination to the impacted party(ies) and the Title IX Coordinator/Equal Opportunity Officer.

IX. Reports/Complaints of Discrimination, Harassment, Sexual or Other Prohibited Misconduct, and/or Retaliation

The Title IX Coordinator/Equal Opportunity Officer has been designated to handle inquiries internally regarding this Policy. Complaints or Notice of alleged policy violations, or inquiries about or concerns regarding this Policy or its associated procedure, can be made by using the submission form at pugetsound.edu/report and/or by contacting the Title IX Coordinator/Equal Opportunity Officer:

Title IX Coordinator/Equal Opportunity Officer
253.879.3793
titleix-eoo@pugetsound.edu
pugetsound.edu/title-ix-equal-opportunity

Reports or Complaints of alleged violations of this Policy may be made using any of the following options:

1. Submit a Report online at www.pugetsound.edu/report.

Reports are routed to the Title IX Coordinator/Equal Opportunity Officer who will contact the Complainant to provide information about their rights and options. Anonymous reports are accepted, but may give rise to a need to try to determine the parties’ identities. Anonymous reports typically limit the university’s ability to investigate, respond, and provide remedies, depending on what information is shared. Measures intended to protect the community or redress or mitigate harm may be enacted.

2. Verbally report to the Title IX Coordinator/Equal Opportunity Officer or to one of the alternate designees listed below.

Such a Report or Complaint may be made at any time (including during non-business hours) by using the telephone number, email address, or by mail to the office of the Title IX Coordinator/Equal Opportunity Officer or any other nondiscrimination team member listed in this Policy.

3. Submit a Report anonymously through the Campus Conduct Hotline number: 866.943.5787

A Report provides notice to the university of an allegation and provides an opportunity for the Title IX Coordinator/Equal Opportunity Officer to provide information, resources, and Supportive Measures.

A Complaint provides Notice to the university that the Complainant would like to initiate an investigation or other appropriate resolution procedures. A Complainant or individual may initially make a Report and may decide at a later time to make a Complaint.

In most situations, the university is able to respect a Complainant’s request to not investigate. However, there may be circumstances, such as a serious and imminent threat to someone's safety, where the university may need to investigate. If a Complainant does not wish to file a Complaint, the university will maintain the privacy of information to the extent possible. The Complainant should not fear a loss of confidentiality by giving Notice that allows the university to discuss and/or provide Supportive Measures, in most circumstances.

4. Internal Contacts

Alternate designees for assistance with intake reports that will be forwarded to the Title IX Coordinator/Equal Opportunity Officer:

Institutional Equity and Diversity
Senior Director, Office of Intercultural Engagement
1500 N Warner St. #1019
Tacoma, WA 98416
Telephone: 253.879.3373
Email: vpdiversity@pugetsound.edu 

Student Affairs
Dean of Students
1500 N. Warner St. #1069
Tacoma, WA 98416
Telephone: 253.879.3360
Email: dos@pugetsound.edu 

Human Resources
Director of Human Resources for People Experience
1500 N Warner St. #1064
Tacoma, WA 98416
Telephone: 253.879.3640
Email: hr@pugetsound.edu 

Student Accessibility and Accommodations
ADA/504 Coordinator (for disability related complaints or questions only)
1500 N. Warner St. #1096
Tacoma, WA 98416
Telephone: 253.879.3399
Email: saa@pugetsound.edu 

5. External Contacts

Concerns about the university’s application of this Policy and compliance with certain federal civil rights laws may also be addressed to:

Office for Civil Rights (OCR)
400 Maryland Avenue, SW
Washington, DC 20202
Customer Service Hotline: 800.421.3481
Fax: 202.453.6012
TDD: 877.521.2172
Email: ocr@ed.gov 
Website: www.ed.gov/ocr

U.S. Department of Education
915 Second Avenue, Room 3310
Seattle, WA 98174
Telephone: 206.607.1600
Fax: 206.607.1601
Email: ocr.seattle@ed.gov 

For complaints related to Employment:

Equal Employment Opportunity Commission (EEOC)
909 First Avenue, Suite 400
Seattle, WA 98104
Telephone: 800.669.4000
Fax: 206.220.6911
TTY: 800.669.6820
ASL Video Phone: 844.234.5122

Washington Human Rights Commission
711 S Capitol Way, Suite 402
Olympia, WA 98504
Telephone: 800.233.3247
Website: hum.wa.gov

X. Time Limits on Reporting

There is no time limitation on providing Notice/Complaints to the Title IX Coordinator/Equal Opportunity Officer. However, if the Respondent is no longer subject to the university’s jurisdiction and/or significant time has passed, the ability to investigate, respond, and/or provide remedies may be more limited or impossible.

Acting on Notice/Complaints significantly impacted by the passage of time (including, but not limited to, the rescission or revision of this Policy) is at the Title IX Coordinator/Equal Opportunity Officer's discretion. They may document allegations for future reference, offer Supportive Measures and/or remedies, and/or engage in informal or formal action, as appropriate.

XI. Academic Freedom and Freedom of Expression

This Policy is not intended to regulate the content of speech nor proscribe particular words or viewpoints. Academic freedom and freedom of expression are vital to our shared goals and are broadly protected. (See the university’s Statement on Academic Freedom and the Exercise of Free Speech, Faculty Code, Chapter I, Part E, and Student Integrity Principle.) Students engaged in the process of liberal arts education, and faculty and staff members who work in an educational environment, will likely confront uncomfortable moments and ideas that are disquieting, or even offensive to them; however, discrimination and harassment compromises the integrity of the university. Accordingly, the university is committed to taking action to prevent, correct, and where appropriate, sanction occurrences of prohibited discrimination and harassment.

XII. False Allegations and Evidence

Deliberately false and/or malicious accusations under this Policy are a serious offense and will be subject to appropriate disciplinary action. This does not include allegations that are made in good faith but are ultimately shown to be erroneous or do not result in a determination of a Policy violation.

Additionally, witnesses and parties who knowingly provide false evidence, tamper with or destroy evidence, or deliberately mislead an official conducting the Resolution Process can be subject to discipline under appropriate university policies.

XIII. Confidentiality/Privacy

The university makes every effort to preserve the parties’ privacy. The university will not share the identity of any individual who has made a Complaint of discrimination, harassment, sexual misconduct, or retaliation; any Complainant; any individual who has been reported to be the perpetrator of discrimination, harassment, sexual misconduct, or retaliation; or any witness, except as permitted by, or to fulfill the purposes, of applicable laws and regulations (e.g., Title IX), Family Educational Rights and Privacy Act (FERPA) and its implementing regulations, or as required by law; including any investigation, or resolution proceeding arising under this Policy.

XIV. Amnesty

To encourage reporting and participation in the process, the university maintains a policy of offering parties and witnesses amnesty from minor policy violations – such as underage consumption of alcohol or the use of illicit drugs – related to the incident. Amnesty does not apply to more serious allegations such as physical abuse of another or illicit drug distribution. Amnesty may take the form of education on the consequences in lieu of punitive sanctions.

XV. Independence and Addressing Concerns About Conflicts of Interest

The Title IX Coordinator/Equal Opportunity Officer oversees all Complaints, investigations, and resolutions under this Policy. All individuals who assist with the Complaint, investigations, or resolution process are vetted and trained to ensure they can act independently and are not biased for or against any party in a specific Complaint, or for or against Complainants and/or Respondents, generally.

Concerns of bias, misconduct, discrimination, or a potential conflict of interest by these individuals should be reported to the Title IX Coordinator/Equal Opportunity Officer. To raise any concern involving bias, conflict of interest, misconduct, or discrimination by the Title IX Coordinator/Equal Opportunity Officer, contact the Vice President for Student Affairs and Dean of Students, dos@pugetsound.edu, 253.879.3360.

XVI. Effective Date

This Policy is effective August 1, 2024 and applies to any prohibited conduct occurring on or after that date.

XVII. Related Statutes, Regulations, and Policies

• 2024 Title IX of the Education Amendments
• Title VII of the Civil Rights Act
• RCW 9A.44 (Sex Offenses)
• RCW 9A.64.020 (Family Offenses; Incest)
• RCW 28B.112 (Campus Sexual Violence)
• RCW 49.60 (Discrimination, Human Rights Commission)
• Tacoma Municipal Code Chapter 1.29
• Code of Conduct
• Residence Life Policy
• Student Integrity Code
• Faculty Code
• Staff Corrective Action Policy
• Policy for the protection of Minors Participating in University-Sponsored Programs
• Age Discrimination in Employment Act of 1967
• Age Discrimination in Federally Assisted Programs Act of 1975
• Americans With Disabilities Act
• Civil Rights Acts of 1866 and 1871
• Civil Rights Restoration Act of 1987
• Equal Pay Act of 1963
• Executive Order 11141
• Executive Order 11246, amended by Executive Order 11375
• Faculty Code
• Immigration Reform and Control Act of 1986
• Office for Civil Rights “Dear Colleague Letter,” July 29, 2003
• RCW 49.60 (Discrimination, Human Rights Commission)
• Rehabilitation Act of 1973
• Staff Policies
• Statement on Academic Freedom and the Exercise of Free Speech
• Student Integrity Code
• Title VI of the Civil Rights Act of 1964
• Title VII of the Civil Rights Act of 1964
• Uniformed Services Employment and Reemployment Rights Act (USERRA)
• Violence Prevention Policy
• Procedure 

POLICY OWNER: Title IX Coordinator/Equal Opportunity Officer

DATE APPROVED: 
July 30, 2024 (Interim Policy Approved by President’s Cabinet)
September 12, 2024 (Policy Approved by the Executive Committee of the Board of Trustees)

Footnotes

[1] The “reasonable person” standard is an objective standard meaning whether a person in the same position as the Complainant (having similar characteristics/demographics to the Complainant) would find the conduct created a hostile or abusive environment.

[2] To categorize an incident as Domestic Violence under this Policy, the relationship between the Respondent and the Complainant must be more than just two people living together as roommates. The people cohabitating must be current or former spouses or have an intimate relationship.

[3] In the context of stalking, a Complainant is not required to obtain medical or other professional treatment and counseling is not required to show substantial emotional distress.

[4] This offense is not classified under Title IX as “Sex-based harassment,” but it is included here in this Policy as a tool to address a wider range of behaviors.

[5] Nothing in this section restricts the ability of the parties to: obtain and present evidence, including by speaking to witnesses (as long as it does not constitute retaliation under this Policy), consult with their family members, confidential resources, or Advisors; or otherwise prepare for or participate in the Resolution Process.

[6] Washington State RCW 9A.44.010 (7) defines consent as “at the time of the act of sexual intercourse or sexual contact there are actual words or conduct indicating freely given agreement to have sexual intercourse or sexual contact", which is applicable to criminal prosecutions for sex offenses in Washington but may differ from the definition used by the university to address Policy violations.

[7] Consent in relationships must also be considered in context. When parties consent to BDSM (bondage, discipline, sadism, masochism) or other forms of kink, non-consent may be shown by the use of a safe word. Resistance, force, violence, or even saying “no” may be part of the kink and thus consensual.