Definitions
Pacific Union College affirms is committed to providing a respectful learning, living, and working environment that is free of sexual and gender-based discrimination and sexual harassment (including sexual assault, dating violence, domestic violence, and stalking) and prohibits such behavior as outlined in the College's Sex Nondiscrimination and Sexual Harassment policy.
Advisor
A person chosen by a party (Complainant or Respondent), or appointed by the institution to accompany the party to meetings related to the resolution process, to advise the party on that process, and in the case of a Process A hearing (if any), to conduct cross-examination for the party.
Complaint (formal)
Complaint (formal)means a document filed/signed by a Complainant or signed by the Title IX Coordinator alleging harassment or discrimination or retaliation for engaging in a protected activity against a Respondent and requesting that the recipient investigate the allegation.
Complainant
An individual who is alleged to be the victim of conduct that could constitute harassment or discrimination; or retaliation for engaging in a complaint or grievance process.
Confidentiality and Privacy
In order to make informed choices, it is important to be aware of and understand the difference between confidentiality and privacy when consulting campus resources and considering disclosing an incident. On campus, some resources may maintain confidentiality – meaning they are not required to report actual or suspected discrimination or harassment to appropriate college officials – thereby offering options and advice without any obligation to inform the Title IX Office unless a Complainant has requested information to be shared.
Confidentiality
Confidentiality indicates a privileged service whereby information disclosed to the service provider cannot be shared with others.Ìý Confidential services exist on campus within the context of privileged communication laws related to those who provide services in medical and clinical care, mental health, and ordained clergy-based counseling.Ìý
When information is shared with a Confidential Resource, the Confidential Resource cannot reveal the information to any third party except when an applicable law or a court order requires or permits disclosure of such information. For example, information may be disclosed when: (i) the individual gives written consent for its disclosure; (ii) there is a concern that the individual will likely cause serious physical harm to self or others; or (iii) the information concerns conduct involving suspected abuse or neglect of a minor under the age of 18, elders, or individuals with disabilities. Non-identifiable information may be shared by Confidential Resources for statistical tracking purposes as required by the federal Clery Act. Other information may be shared as required by law.
The College has deemed the following employees as confidential resources:Ìý therapists and staff at the Career and Counseling Center; health service providers and staff at Health Services; and the Campus Chaplain.Ìý
Confidential employees not acting within the scope of their confidential positions are not considered a confidential resource.Ìý For example, if a confidential resource has been contracted to teach a class for an academic department, while they are acting within their role as an instructor, they are considered at that point in time to be a mandated reporter.Ìý
Privacy
Privacy protects information to the fullest extent possible, and every effort is made by PUC to preserve the privacy of reports.Ìý PUC will not share the identity of any individual who has made a report or complaint of sex discrimination, sexual harassment, and/or retaliation; any Complainant, any individual who has been reported to be the perpetrator of sex discrimination, any Respondent, or any witness, except as permitted by the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. 1232g; FERPA regulations, 34 CFR part 99; or as required by law; or to carry out the purposes of 34 CFR Part 106, including the conducting of any investigation, hearing, or grievance proceeding arising under these policies and procedures.
In order to provide supportive measures or go through a grievance process, a small group of officials will need to know about the complaint.Ìý This group may include but is not limited to:Ìý Student & Spiritual Life, CARE Team, and Campus Security. Information will be shared as necessary with Investigators, Hearing Panel members, witnesses, and the parties. The circle of people with this knowledge will be kept as tight as possible to preserve the parties' rights and privacy.Ìý
Confidential Resource
An employee who is not a Mandated Reporter of notice of harassment, discrimination, and/or retaliation (irrespective of Clery Act Campus Security Authority status). These employees include the campus chaplain, the staff and therapists in the Career and Counseling Center, and the staff and medical providers at Health Services.
Consent
An active giving of permission to engage in activity.Ìý Consent is affirmative, knowing, conscious, and voluntary agreement which provides clear permission by word or action to engage in mutually agreed upon sexual activity. Affirmative consent must be ongoing throughout a sexual activity and can be revoked at any time.
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. Affirmative consent must be ongoing throughout the sexual activity. Reasonable reciprocation can be implied. Consent can also be withdrawn once given at any time.Ìý The withdrawn consent should be reasonably and clearly communicated. If consent is withdrawn, that sexual activity should cease.Ìý There is no requirement on a party to resist the sexual advance or request, but resistance is a clear demonstration of non-consent.
The presence of consent is not demonstrated by the absence of resistance. Sexual activity that is forced is by definition non-consensual, but non-consensual sexual activity is not by definition forced.Ìý Lack of protest, or the absence of resistance alone does not mean consent, nor does silence mean consent.
A current or previous intimate relationship is not sufficient to constitute consent.
Since individuals may experience the same interaction in different ways, it is the responsibility of each party to make certain that the other has consented before engaging in the activity and continues throughout the activity. It is not an excuse that the Respondent did not take reasonable steps, in the circumstances known at that time, to ascertain whether the complainant affirmatively consented.Ìý Consent to some sexual contact (such as kissing or fondling) cannot be presumed to be consent for other sexual activity (such as intercourse).
The existence of consent is based on the totality of the circumstances, including the context in which the alleged incident occurred and any similar previous patterns that may be evidenced.Ìý
In California, a minor (meaning a person under the age of 18 years) cannot consent to sexual activity. This means that sexual contact by an adult with a person younger than 18 years old may be a crime, and a potential violation of this policy, even if the minor wanted to engage in the act.
Education program or activity
Locations, events, or circumstances where Pacific Union College exercises substantial control over both the Respondent and the context in which the sexual harassment or discrimination occurs and also includes any building owned or controlled by a student organization that is officially recognized by the College.
Incapacitation
A state where someone 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 or how" of their sexual interaction).Ìý A person cannot consent if s/he is unable to understand what is happening or is disoriented, helpless, asleep, or unconscious for any reason, including due to alcohol or other drugs. Incapacitation may also result from a temporary or permanent physical or mental health condition, involuntary physical restraint, and/or the consumption of incapacitating drugs. Ìý
Some indicators of incapacitation include but are not limited to:
- A lack of full control over physical movements (e.g., difficulty wal