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Title IX athletic department
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Bears will be bears
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Title IX (Sexual Misconduct)
Prohibits gender discrimination in education programs and activities – this includes: Sexual Harassment Intimate Partner Violence Stalking Non-Consensual Sexual Activity
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Do you know the allegations against them?
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sexual misconduct covered by ewu policies, state and federal law (title ix)
EWU Policy EWU Policy Student Conduct Code Chapter
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Sexual Harassment Unwelcome conduct of a sexual nature which creates a hostile environment Unwelcome sexual advances Requests for sexual favors Other verbal, nonverbal, or physical conduct of a sexual nature, including sexual assault
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Sexual Harassment State and Federal Law and EWU Policy prohibits two types of sexual harassment: Tangible Employment or Educational Action (Quid Pro Quo) Hostile Environment
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Sexual Harassment video
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discussion
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INTIMATE PARTNER VIOLENCE
Physical harm, bodily injury, assault, or the infliction of fear of imminent physical harm, bodily injury or assault, between individuals involved or previously involved in an social relationship of a romantic or intimate sexual nature.
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Intimate partner violence video
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discussion
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STALKING Engaging in a course of conduct directed at a specific person that would cause a reasonable person to (a) fear for their health and/or safety or the health/safety of others; or (b) suffer substantial emotional distress
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discussion
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Non-consensual sexual activity
Non-Consensual Sexual Contact Non-Consensual Sexual Intercourse
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Non-consensual sexual contact
An individual intentionally touches (makes contact) With an intimate body part or area (genitals, breasts, buttock, thighs) Without consent of both involved parties
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Non-consensual sexual intercourse
Penetration (however slight) of the vagina or anus; By any body part or object; Without consent Or Oral penetration by a sex organ of another person;
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No consent Force or threat of force or coercion
Lack of clear words or actions Resistance (verbally or physically) Deception (Identity of partner) (purpose of act) Incapacitated (alcohol / drugs) Mental capability Age
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Consent guidelines Consent can be withdrawn at any time!
It is not safe to rely solely upon nonverbal communication. Silence does not equal consent. Passivity or lack of active resistance alone does not equal consent. A current or previous dating or sexual relationship does not constitute consent. Consent to one form of sexual activity does not imply consent to other forms of sexual activity.
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Incapacitation Sign of incapacitation due to alcohol / drugs Vomiting
Swaying Slurred speech Incoherent Difficulty balancing Unusual behavior Passed out
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Consent easy as tea
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discussion
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Other forms of sexual misconduct
Indecent liberties / indecent exposure sexual exhibitionism sex-based cyber-harassment peeping or other voyeurism
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Reporting options EWU ADMINISTRATIVE / STUDENT CONDUCT PROCESS
TITLE IX COORDINATOR OR DEAN OF STUDENTS OFFICE CRIMINAL COMPLAINT EWUPD OR LOCAL PD ANONYMOUSLY MAY NOT BE ABLE TO INVESTIGATE CONFIDENTIAL RESOURCE CAPS (STUDENTS) OR EAP (EMPLOYEES) EXTERNALLY OFFICE OF CIVIL RIGHTS (TYPICALLY IF YOU FEEL EWU DID NOT COMPLY WITH TITLE IX)
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ALL COACHES AND EWU EMPLOYEES REQUIRED TO REPORT
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Responsible Employees
All EWU employees, except for licensed professionals at CAPS are mandatory reporters Must report to the Title IX Coordinator within 24 hours when you become aware Must report regardless of the potential Complainant’s desire for the matter to remain confidential
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Confidentiality As confidential as possible (don’t gossip).
Can receive confidential help from CAPS (students) or EAP (employees)
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Interim Measures Academic modifications Workplace modifications
Housing modifications Safety planning with EWUPD No contact Directives Interim Restrictions
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Retaliatory harassment
Retaliation is prohibited! Any actual or threatened retaliation or any act of intimidation intended to prevent or otherwise obstruct the reporting, investigation, or enforcement of a discriminatory conduct complaint
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Investigative process
Complaint received (duty to stop harassment) Provide resources, modifications, options Informal / formal process Conduct interviews Notice of Investigation (Respondent) Neutral fact finding Preponderance of evidence (50.1%) Determination letters Sanctions *Student Conduct Code WAC *EWU Policy
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sanctions Verbal / Written warning Probation Loss of privileges
Relocation Suspension Expulsion Complete list of sanctions - SCC WAC
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Bystander prevention
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Title IX Coordinator and additional resources
Student Support and Advocacy – Student Rights and Responsibilities – *Office of Equal Opportunity (EO) – (students & employees) *Pride Center – (students & employees) EWU PD – Cheney PD – Resources are available for either Complainant or Respondent.
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Confidential resources
Sexual Assault Family Trama (SAFeT) – – 24 hours YWCA Domestic Violence Crisis Line – ( ) – 24 hours Suicide and Mental Health – ( ) – 24 hours Employee Assistance Program (EAP) – ( ) (employees) Counseling & Psychological Services (CAPS) – ( ) (students)
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Medical resources Sacred Heart Medical Center, 101 W 8th Avenue, Spokane, Deaconess Hospital, 800 W 5th Avenue, Spokane, Providence Holy Family, 5633 N Lidgerwood Street, Spokane, Valley Hospital, E Mission Avenue, Spokane Valley, Rockwood Clinic Student Health Services, 19 N 7th Street, Cheney, (M-F, 8am – 5:30pm and Saturday 8am – 4pm
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