EQUAL OPPORTUNITY

Western Wyoming Community College (the College) is an equal opportunity institution and as such, prohibits discrimination and harassment based on race, color, gender, religion, national origin, disability, age, veteran status, sex, pregnancy, sexual orientation, gender identity, genetic information, political belief, or any other applicable protected category or activity.  The College ensures non-discriminatory practices in all matters relating to its educational admissions, programs, services, and activities as well as in all terms and conditions of employment.

Inquiries concerning Title IX and Section 504 may be referred to:

Title IX & 504 Coordinator
Western Wyoming Community College Wellbeing & Accessibility
2500 College Drive, Room 1227
Rock Springs, WY  82901
(307) 382-1652

Inquiries concerning Title VI and VII may be referred to:

Associate Vice President for Human Resources
Western Wyoming Community College Human Resources
2500 College Drive, Room 3034
Rock Springs, WY 82901
307-382-1832

Regional Director
Office for Civil Rights, Region VIII
Department of Education
Federal Office Building
1244 Speer Blvd., Suite 310
Denver, CO  80204-3582
(303) 844-5695 or TDD (303) 844-3417

Wyoming Department of Education, Office for Civil Rights
2^nd Floor Hathaway Building
Cheyenne, WY  82002
(307) 717-6218

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Adopted May 26, 1988
Revised August 26, 1993
Reformatted April 13, 2011
Revised October 16, 2014
Revised July 21, 2021

Procedure 2150A.2 

External Authority: 32 C.F.R. §§ 106.31; WYO. STAT. ANN. §§ 6-2-302 -304 (2009)

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Sexual Misconduct Resolution Procedure (Title IX)

A. Statement of Purpose

Western Wyoming Community College (“Western”) is committed to providing a workplace and educational environment that is free from discrimination, harassment, and retaliation. Western will address and resolve all complaints of discrimination, harassment, and retaliation.

To ensure compliance with federal, state, and local civil rights laws and regulations, and to affirm its commitment to promoting the goals of fairness and equity in all aspects of the educational program or activity, Western has developed internal policies and procedures that provide a prompt, fair, and impartial process for those involved in an allegation of discrimination or harassment on the basis of protected class status, and for allegations of retaliation.

Western values and upholds the equal dignity of all members of its community and strives to balance the rights of the parties in the complaint process during what is often a difficult time for all involved.

B. Applicable Scope

The core purpose of this policy is the prohibition of discrimination based on protected class status. Sometimes, discrimination involves exclusion from or different treatment in activities, such as admission, athletics, or employment. At other times, discrimination takes the form of harassment, including sexual harassment, sexual assault, stalking, sexual exploitation, dating violence, or domestic violence. When an alleged violation of this nondiscrimination policy is reported, the allegations are subject to resolution using Western’s “Process A” or “Process B,” as determined by the Title IX Coordinator, and as detailed below.

When the Respondent is a member of Western, a formal complaint may be filed regardless of the status of the Complainant, who may or may not be a member of the Western community. This community includes, but is not limited to, students[i], faculty, administrators, staff, and third parties such as guests, visitors, volunteers, vendors, contractors, invitees, and those attending on-campus “camp” activities. The procedures below may be applied to incidents, patterns, and/or to the campus climate, all of which may be addressed and investigated in accordance with this policy.

C.  Title IX Coordinator

The Compliance Coordinator serves as the Title IX Coordinator and oversees the implementation of the Sexual Misconduct, Harassment, and Discrimination Policy and Procedures.

The Title IX Coordinator has the primary responsibility for coordinating Western’s efforts related to the intake, investigation, resolution, and implementation of supportive measures to stop, remedy, and prevent discrimination, harassment, and retaliation prohibited under this policy.

The Coordinator may delegate responsibilities under this policy to designated employees who have appropriate training. Inquiries about or reports regarding this policy may be made internally to:

Title IX Coordinator

Compliance Coordinator

Heather Cutts

2500 College Drive

Office 3050B

Rock Springs, WY  82901

Phone: 307-382-1748

hcutts@westernwyoming.edu

 

Deputy Title IX Coordinator for Students

Director of Wellbeing & Accessibility

2500 College Drive

Office 1227

Rock Springs, WY  82901

Phone: 307-382-1652

 

Deputy Title IX Coordinator for Employees

Associate Vice President of Human Resources

Megan Neal

2500 College Drive

Office 3033

Rock Springs, WY 82901

Phone: 307-382-1832

mneal@westernwyoming.edu

 

Inquiries may be made externally to:

Office for Civil Rights, Denver Office
U.S. Department of Education 
Cesar E. Chavez Memorial Building
1244 Speer Boulevard, Suite 310
Denver, CO 80204-3582
Telephone: (303) 844-5695 
Facsimile: (303) 844-4303
OCR.Denver@ed.gov

Office for Civil Rights (OCR),

U.S. Department of Education

400 Maryland Avenue, SW

Washington, DC 20202-1100
Customer Service Hotline #: (800) 421-3481

Facsimile: (202) 453-6012 
TDD#: (877) 521-2172

OCR@ed.gov

http://www.ed.gov/ocr

 

Equal Employment Opportunity Commission (EEOC)

Contact: http://www.eeoc.gov/contact/

 

Individuals who allege or suspect the Title IX Coordinator has violated this policy, or have concerns regarding alleged bias or conflict of interest by the Title IX Coordinator, are encouraged to report the alleged violations or concerns directly to the College President, and potential criminal conduct to law enforcement: 2500 College Drive, Room 3020, Rock Springs, WY 82901 (307) 382-1602.

D. Notice/Complaints of Discrimination, Harassment, and/or Retaliation

Reports or complaints of discrimination, harassment, and/or retaliation may be made using any of the following options:

• File a report with, or give verbal notice to, the Title IX Coordinator or Deputy Title IX Coordinator. Such a report may be made at any time (including during non-business hours) by using the telephone number or email address, or by mail, to the office listed below.

Title IX Coordinator

Compliance Coordinator

2500 College Drive

Office 3050B

Rock Springs, WY  82901

Phone: 307-382-1748

hcutts@westernwyoming.edu

 

Deputy Title IX Coordinator for Students

Director of Wellbeing & Accessibility

2500 College Drive

Office 1101

Rock Springs, WY  82901

Phone: 307-382-1652

 

Deputy Title IX Coordinator for Employees

Associate Vice President of Human Resources

Megan Neal

2500 College Drive

Office 3033

Rock Springs, WY 82901

Phone: 307-382-1832

mneal@westernwyoming.edu

 

• Report online using the reporting form posted at: https://cm.maxient.com/reportingform.php?WesternWyomingCC
• The Complainant may choose to contact the College’s Protective Services office to file a report via phone at: 307-922-4961. The Complainant may also choose to contact local law enforcement to file a criminal complaint. Please know that a Title IX investigation and/or a criminal investigation may use physical evidence. College Protective Services can assist in securing the scene until law enforcement can arrive.
• Report to any supervisor. Any supervisor who witnesses or receives a written or verbal report or complaint of discrimination, harassment, or retaliation that occurs in Western employment or educational programs/activities, must promptly report such behavior to the Title IX Coordinator.

Anonymous reports are accepted but can give rise to a need to investigate to determine if the parties can be identified. If not, no further formal action is taken, though measures intended to protect the community may be enacted. Western tries to provide supportive measures to all Complainants, which may be impossible with an anonymous report that does not identify the Complainant.

A Formal Complaint means a document submitted or signed by the Complainant or signed by the Title IX Coordinator alleging a policy violation by a Respondent and requesting that Western investigate the allegation(s). A complaint may be filed with the Title IX Coordinator in person, by mail, or by electronic mail; by using the contact information in the section above; or as described in this section. As used in this paragraph, the phrase “document filed by a Complainant” means a document or electronic submission (such as by electronic mail or through an online portal provided for this purpose by Western) that contains the Complainant’s physical or digital signature, or otherwise indicates that the Complainant is the person filing the complaint, and requests that Western investigate the allegations.

If notice is submitted in a form that does not meet this standard, the Title IX Coordinator will contact the Complainant to ensure that it is filed correctly.

E. Jurisdiction

This Policy applies to the education program and activities of Western[ii], to conduct that takes place on the campus or on property owned or controlled by Western, at Western-sponsored events, and in buildings owned or controlled by Western’s recognized student organizations. The Respondent must be a member of Western’s community in order for this Policy to apply.

This Policy can also be applicable to the effects of off-campus misconduct that effectively deprive a person of access to Western’s educational program. Western may also extend jurisdiction to off-campus and/or to online conduct if the Title IX Coordinator determines that the conduct affects a substantial Western interest.

Regardless of where the conduct occurred, Western will address notice/complaints to determine whether the conduct occurred in the context of its employment or educational program or activity and/or has continuing effects on campus or in an off-campus sponsored program or activity. A substantial Western interest includes:

1. Any action that constitutes a criminal offense as defined by law. This includes, but is not limited to, single or repeat violations of any local, state, or federal law;
2. Any situation in which it is determined that the Respondent poses an immediate threat to the physical health or safety of any student, employee, or other individual;
3. Any situation that significantly impinges upon the rights, property, or achievements of others, significantly breaches the peace, and/or causes social disorder; and/or
4. Any situation that substantially interferes with the educational interests or mission of Western.

If the Respondent is unknown or is not a member of Western, the Title IX Coordinator will assist the Complainant in identifying appropriate campus and local resources and support options. If criminal conduct is alleged, Western can assist in contacting local or campus law enforcement if the individual would like to file a police report.

Further, even when the Respondent is not a member of Western, supportive measures, remedies, and resources may be provided to the Complainant by contacting the Title IX Coordinator.

In addition, Western may take other actions as appropriate to protect the Complainant against third parties, such as barring individuals from Western’s property and/or events.

F.  Time Limits on Reporting

There is no time limitation on providing notice/complaints to the Title IX Coordinator. However, if the Respondent is no longer subject to Western’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 policy) is at the discretion of the Title IX Coordinator, who may document allegations for future reference, offer supportive measures and/or remedies, and/or engage in informal or formal action, as appropriate.

If a notice/complaint is affected by a significant time delay, Western will generally apply the policy in place at the time of the alleged misconduct and the procedures in place at the time of the notice/complaint.

G. Supportive Measures

Western will offer and implement appropriate and reasonable supportive measures to the parties upon notice of alleged harassment, discrimination, and/or retaliation.

Supportive measures are non-disciplinary, non-punitive individualized services offered as appropriate and as reasonably available. They are offered without fee or charge to the parties to restore or preserve access to Western’s education program or activity, including measures designed to protect the safety of all parties and/or Western’s educational environment, and/or to deter harassment, discrimination, and/or retaliation.

The Title IX Coordinator promptly makes supportive measures available to the parties upon receiving notice or a complaint. At the time that supportive measures are offered, Western will inform the Complainant, in writing, that they may file a formal complaint, as described herein, either at that time or in the future, if they have not done so already. The Title IX Coordinator works with the Complainant to ensure that their wishes are taken into account with respect to the supportive measures that are planned and implemented.

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

These actions may include, but are not limited to:

• Referral to counseling, medical, and/or other healthcare services
• Referral to community-based service providers
• Student financial aid counseling
• Altering work arrangements for employees or student-employees
• Safety planning
• Providing campus safety escorts
• Implementing contact limitations (no contact orders) between the parties
• Academic support, extensions of deadlines, or other course/program-related adjustments
• Trespass, Persona Non Grata (PNG), 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
• Amnesty for minor violations
• Any other actions deemed appropriate by the Title IX Coordinator

 

Violations of no contact orders or other restrictions will be referred to appropriate student or employee conduct processes for enforcement.

H. Emergency Removal

Western can act to remove a student Respondent entirely or partially from its education program or activities on an emergency basis when an individualized safety and risk analysis has determined that an immediate threat to the physical health or safety of any student or other individual justifies removal. This risk analysis is performed by the Title IX Coordinator in conjunction with the Behavioral Intervention Team, as defined in Procedure 3910L.2, using its standard objective violence risk assessment procedures.

In all cases in which an emergency removal is imposed, the student will be given notice of the action and the option to request to meet with the Title IX Coordinator prior to such action/removal being imposed, or as soon thereafter as reasonably possible, to show cause why the action/removal should not be implemented or should be modified.

This meeting is not a hearing on the merits of the allegation(s), but rather is an administrative process intended to determine solely whether the emergency removal is appropriate. When this meeting is not requested promptly, objections to the emergency removal will be deemed waived. A Complainant and their Advisor may be permitted to participate in this meeting if the Title IX Coordinator determines it is equitable to do so. This section also applies to any restrictions that a coach or athletic administrator may place on a student-athlete arising from allegations related to Title IX. There is no appeal process for emergency removal decisions.

A Respondent may be accompanied by an Advisor of their choice when meeting with the Title IX Coordinator for the show cause meeting. The Respondent will be given access to a written summary of the basis for the emergency removal prior to the meeting to allow for adequate preparation.

The Title IX Coordinator has sole discretion under this policy to recommend implementation of, or stay of, an emergency removal and to determine the conditions and duration. Violation of an emergency removal under this policy will be grounds for discipline within the student or employee conduct processes, which may include expulsion or termination.

Western will implement the least restrictive emergency actions possible in light of the circumstances and safety concerns. As determined by the Title IX Coordinator, these actions could include, but are not limited to:  restricting a student’s or employee’s access to or use of facilities or equipment, allowing a student to withdraw or take grades of incomplete without financial penalty, authorizing an administrative leave, and suspending a student’s participation in extracurricular activities, student employment, student organizational leadership, or intercollegiate/intramural athletics.

At the discretion of the Title IX Coordinator, alternative coursework options may be pursued to ensure as minimal an academic impact as possible on the parties.

When the Respondent is an employee, the following provisions for interim action are applicable instead of the above emergency removal process. Following consultation with legal counsel, the Title IX Coordinator and/or Deputy Title IX Coordinator for Employees will recommend to the President that the Respondent be placed on Administrative Leave with pay pending the outcome of the investigation. Upon the President’s approval, the Respondent will be immediately notified verbally and in writing regarding the interim action. The Deputy Title IX Coordinator for Employees will collect all Western keys, identification cards, and all other Western property from Respondent. As Administrative Leave with pay is not disciplinary in nature, there are no provisions for filing an appeal or grievance.

I. Promptness

All allegations are acted upon promptly by Western once it has received notice or a formal complaint. Complaints typically take 60-90 working days to resolve. There are always exceptions and extenuating circumstances that can cause a resolution to take longer, but Western will avoid all undue delays within its control.

If the timeframes for resolution outlined herein will be delayed, Western will provide written notice to the parties of the delay, the cause of the delay, and an estimate of the anticipated additional time that will be needed as a result of the delay.

J. Confidentiality/Privacy

Western makes every effort to preserve the confidentiality of reports.^[iii] Western will not share the identity of any individual who has made a report or complaint of harassment, discrimination, 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) and its regulations, or as required by law; including the conducting of any investigation, hearing, or resolution proceeding arising under these policies and procedures.

Western reserves the right to determine which Western officials have a legitimate educational interest in being informed about incidents that fall within this policy, pursuant to the Family Educational Rights and Privacy Act (FERPA).

Only a small group of officials who need to know will typically be told about the complaint. Information will be shared as necessary with Investigators, Decision-makers, 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.

Western may contact parents/guardians of students to inform them of situations in which there is a significant and articulable health and/or safety risk, and may consult with the student first before doing so.

II. POLICY ON NONDISCRIMINATION

Western adheres to all federal, state, and local civil rights laws and regulations prohibiting discrimination in public institutions of higher education.

Western does not discriminate against any employee, applicant for employment, student, or applicant for admission on the basis of:

• Race,
• Religion,
• Color,
• Sex,
• Pregnancy or related conditions,
• Creed,
• Ethnicity,
• National origin (including ancestry),
• Citizenship status,
• Disability,
• Age,
• Marital status,
• Sexual orientation,
• Gender identity,
• Genetic information (including family medical history,
• Veteran or military status (including disabled veteran, recently separated veteran, active-duty wartime or campaign badge veteran, and Armed Forces Service Medal veteran),

or any other protected category under applicable local, state, or federal law, including protections for those opposing discrimination or participating in any grievance or resolution process on campus, with the Equal Employment Opportunity Commission, and/or other human/civil rights agencies.

 

Please See:

Policy 1310F Grievances Under the Americans with Disabilities Act

Policy 5460B Reasonable Accommodations for Students with Disabilities

A. Policy on Disability Discrimination and Accommodation

Western is committed to full compliance with the Americans With Disabilities Act of 1990 (ADA), as amended, and Section 504 of the Rehabilitation Act of 1973, which prohibit discrimination against qualified persons with disabilities (as defined by applicable law), as well as other federal, state, and local laws and regulations pertaining to individuals with disabilities.

The Director of Wellbeing and Accessibility has been designated as Western’s ADA/504 Coordinator responsible for overseeing efforts to comply with these disability laws, including responding to grievances and conducting investigations of any allegation of noncompliance or discrimination based on disability.

a. Students with Disabilities

Western incorporates its Policy 1310F – Grievances Under the Americans with Disabilities Act and Policy 5460B – Reasonable Accommodations for Students with Disabilities.

b. Employees with Disabilities

Consistent with the ADA, Western will provide reasonable accommodation(s) to applicants and employees who are qualified for a job, with or without reasonable accommodations, so that they may perform the essential job duties of the position.

When an applicant with a disability requests accommodation and can be reasonably accommodated without creating an undue hardship or causing a direct threat to workplace safety, the applicant will be given the same consideration for employment as any other applicant. Applicants who pose a direct threat to the health, safety and/or well-being of themselves or others in the workplace when the threat cannot be eliminated by reasonable accommodation will not be hired.

Western will reasonably accommodate qualified individuals with a disability so that they can perform the essential functions of a job unless doing so causes a direct threat to these individuals or others in the workplace and the threat cannot be eliminated by reasonable accommodation or if the accommodation creates an undue hardship to Western.

An employee with a disability (as defined by applicable law) is responsible for submitting a request for an accommodation to the AVP of Human Resources. If additional documentation is required and is job-related and consistent with business necessity, the AVP of Human Resources may request additional documentation and/or a medical examination. AVP of Human Resources will work with the employee and the employee’s supervisor to identify the essential functions of the position affected by the employee’s disability and potential reasonable accommodations to enable the employee to perform those duties in accordance with Western’s applicable policies. The requesting employee and Western will engage in an interactive process to determine what accommodation is reasonable given the unique facts and circumstances of each request.

III. Policy on Prohibited Conduct

Students, staff, administrators, and faculty are entitled to an employment and educational environment that is free of discrimination, harassment, and retaliation. This Policy is not meant to inhibit or prohibit educational content or discussions inside or outside of the classroom that include germane but controversial or sensitive subject matters protected by academic freedom.

The sections below describe the specific forms of legally prohibited conduct that are also prohibited under this Policy and other applicable Western policies. When speech or conduct is protected by academic freedom and/or the First Amendment, it will not be considered a violation of Western Policy, though supportive measures may be offered to those impacted. All conduct definitions encompass actual and/or attempted offenses.

A. Discrimination

Discrimination occurs when an individual suffers an adverse consequence on the basis of the individual’s membership in a protected class.

B. Discriminatory Harassment

Discriminatory harassment constitutes a form of discrimination that is prohibited by Western policy. Discriminatory harassment is defined as unwelcome conduct by any member or group of the community on the basis of actual or perceived membership in a class protected by policy or law.

Western does not tolerate discriminatory harassment of any employee, student, visitor, or guest. Western will act to remedy all forms of harassment when reported, whether or not the harassment rises to the level of creating a “hostile environment.”

A “hostile environment” a is one that unreasonably interferes with, limits, or effectively denies an individual’s educational or employment access, benefits, or opportunities. This discriminatory effect results from harassing verbal, written, graphic, and/or physical conduct that is severe or pervasive and objectively offensive.

When discriminatory harassment rises to the level of creating a hostile environment, Western may also impose sanctions on the Respondent through application of the appropriate resolution process below.

C. Sex-based Harassment

D. Sexual assault, defined as:

1. Dating Violence, defined as:

• Violence,
• On the basis of sex,
• Committed by a person,
• Who is in or has been in a social relationship of a romantic or intimate nature with the Complainant.
  • The existence of such a relationship shall be determined based on the Complainant’s statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. For the purpose of this definition, dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse. Dating violence does not include acts covered under the definition of domestic violence.

F. Domestic Violence, defined as:

• Violence,
• On the basis of sex,
• Committed by a current or former spouse or intimate partner of the Complainant,
• By a person with whom the Complainant shares a child in common, or
• By a person who is cohabitating with, or has cohabitated with, the Complainant as a spouse or intimate partner, or
• By a person similarly situated to a spouse of the Complainant under the domestic or family violence laws of Wyoming, or
• By any other person against an adult or youth Complainant who is protected from that person’s acts under the domestic or family violence laws of Wyoming.

G. Stalking, defined as:

• Engaging in a course of conduct,
• On the basis of sex,
• 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.

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.
• “Reasonable person” means a reasonable person under similar circumstances and with similar identities to the Complainant.
• “Substantial emotional distress” means significant mental suffering or anguish that may but does not necessarily require medical or other professional treatment or counseling.

H. Force, Coercion and Consent

1. Force

Force is the use of physical violence and/or imposing on someone physically to gain sexual access. Force also may include threats and/or intimidation (implied threats) that are 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.”).

2. Coercion

Coercion is unreasonable pressure for sexual activity. Coercive behavior differs from seductive behavior based on the type of pressure someone uses to get consent from another. When someone makes clear to you 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.

3. Consent

Consent is: knowing, voluntary, and clear permission by word or action to engage in sexual activity.

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. Reasonable reciprocation can be implied. For example, if someone kisses you, you can kiss them back (if you want to) without the need to explicitly obtain their consent to being kissed back.

Consent can also be withdrawn once given if the withdrawal is reasonably and clearly communicated. If consent is withdrawn, that sexual activity should cease within a reasonable time.

Consent to some sexual contact (such as kissing or fondling) cannot be presumed to be consent for other sexual activity (such as intercourse). A current or previous intimate relationship is not sufficient to constitute consent.

Proof of consent or non-consent is not a burden placed on either party involved in an incident. Instead, Western will 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 incident occurred and any similar and previous patterns that may be evidenced.

In Wyoming, a minor, under the age of 18, cannot consent to sexual activity with an adult.  This means that sexual contact by an adult with a person younger than 18 with a four-year age differential may be a crime and would result in an immediate report to Department of Family Services, or Law enforcement even if the minor welcomed the sexual activity.

4. Incapacitation

A person cannot consent if they are unable to understand what is happening or is disoriented, helpless, asleep, or unconscious for any reason, including by alcohol or other drugs. As stated above, a Respondent violates this policy if they engage in sexual activity with someone who is incapable of giving consent.

It is a defense to a sexual assault policy violation that the Respondent neither knew nor should have known the Complainant to be physically or mentally incapacitated. “Should have known” is an objective, reasonable person standard that assumes that a reasonable person is both sober and exercising sound judgment.

Incapacitation occurs when 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, and how” of their sexual interaction).

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

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 drugs.

I. Sexual Exploitation

Sexual Exploitation is defined as, “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.” 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)
• Invasion of sexual privacy
• 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 revenge 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
• 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
• Knowing creation, possession, or dissemination of child pornography

J. Retaliation

Protected activity under this Policy includes reporting an incident that may implicate this policy, participating in the resolution process, supporting a Complainant or Respondent, assisting in providing information relevant to an investigation, and/or acting in good faith to oppose conduct that constitutes a violation of this Policy.

Acts of alleged retaliation should be reported immediately to the Title IX Coordinator and will be promptly investigated. Western will take all appropriate steps to protect individuals who fear that they may be subjected to retaliation. Retaliation violations may also be referred for resolution in accordance with applicable Western policies related to the same.

Western and any member of Western’s community are prohibited from taking or attempting to take materially adverse action by intimidating, threatening, coercing, harassing, or discriminating against any individual for the purpose of interfering with any right or privilege secured by law or policy, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under this Policy and procedure.

The exercise of rights protected under the First Amendment does not constitute retaliation.

IV. Mandated Reporting

All Western employees (faculty, staff, administrators) are expected to report actual or suspected discrimination, harassment, and/or retaliation to appropriate officials immediately, although there are some limited exceptions.

In order to make informed choices, it is important to be aware of confidentiality and mandatory reporting requirements when consulting campus resources. On campus, some resources may maintain confidentiality and are not required to report actual or suspected discrimination or harassment in a way that identifies the parties. They may offer options and resources without any obligation to inform an outside agency or campus official unless a Complainant has requested the information be shared.

If a Complainant expects formal action in response to their allegations, reporting to any Mandated Reporter can connect them with resources to report crimes and/or policy violations, and these employees will immediately pass reports to the Title IX Coordinator (and/or police, if desired by the Complainant), who will take action when an incident is reported to them.

Failure of a mandated reporter to report an incident of harassment or discrimination of which they become aware is a violation of Western policy and may be subject to disciplinary action, up to and including termination, for failure to comply.

On-campus counselors, when acting within the scope of their professional duties, maintain confidentiality regarding any conduct shared with them that may violate this policy. However, these counselors must submit anonymous statistical information for Clery Act purposes in a timely manner if they receive notice within their confidential roles, unless they believe doing so would harm their client, patient, or parishioner.

V. Federal Timely Warning Obligations

Parties reporting sexual assault, domestic violence, dating violence, and/or stalking should be aware that under the Clery Act, Western must issue timely warnings for reported incidents that pose a serious or continuing threat of bodily harm or danger to members of the campus community.

Western will ensure that a Complainant’s name and other identifying information is not disclosed, while still providing enough information for community members to make safety decisions in light of the potential danger.

VI. 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 policy violation determination.

Additionally, witnesses and parties knowingly providing false evidence, tampering with, or destroying evidence, or deliberately misleading an official conducting an investigation can be subject to discipline under appropriate Western policies.

VIII. Federal Statistical Reporting Obligations

Pursuant to The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (The Clery Act) certain campus officials – those deemed Campus Security Authorities (CSAs) – have a duty to disclose crime statistics for certain crimes that occur on campus and on non-campus buildings/property, as defined by 34 CFR 668.46(a) for federal statistical reporting purposes. All personally identifiable information is kept private, but statistical information must be shared with the College’s Protective Services regarding the type of incident and its general location (on or off-campus or in the surrounding area, but no addresses are given) for publication in the Annual Security Report and daily campus crime log.

RESOLUTION PROCESS FOR ALLEGED VIOLATIONS OF SEXUAL MISCONDUCT, HARASSMENT, AND DISCRIMINATION (KNOWN AS PROCESS “A”)

Western will act on any formal notice/complaint of violation of this Policy that is received by the Title IX Coordinator, or designee, by applying these procedures, known as “Process A.”

The procedures below (Process A) apply only to qualifying allegations of sexual harassment (including sexual assault, dating violence, domestic violence, and stalking, as defined above) involving students, staff, administrators, or faculty members.

If other Policy definitions are invoked, such as protected class harassment or discrimination as defined above, please see Policy 2150A, Equal Opportunity and corresponding procedure 2150A.1 for a description of the procedures applicable to the resolution of such offenses, known as “Process B.”

Process B can also apply to sexual harassment (including sexual assault, dating violence, domestic violence, and stalking, as defined above) when jurisdiction does not fall within Process A, as determined by the Title IX Coordinator.

Procedural Overview

Upon notice to the Title IX Coordinator of an alleged violation of this Policy, Western, with consideration to the Complainant’s wishes, will either initiate an informal or formal investigation and resolution that is thorough, reliable, impartial, prompt and fair. The investigation and the subsequent resolution process determines whether the nondiscrimination policy has been violated, using a preponderance of the evidence standard. If so, Western will promptly implement effective remedies designed to end the discrimination, prevent its recurrence, and address its effects.

• Informal Resolution can be requested and agreed upon by all parties when the responding party accepts responsibility for violating policy or when the Title IX Coordinator can resolve the matter informally by providing remedies to resolve the situation. At any time, any party may stop the informal process and move towards a Formal Resolution.
• Formal Resolution is initiated by a formal written complaint. Upon receipt of the complaint, written notice will be issued, and an investigation will commence. Formal Resolution includes a full fact-finding investigation with a live hearing to determine policy violation responsibility. At any time, with agreement of both parties, the formal process may stop and an informal resolution may be implemented. Formal Resolution is the only option for complaints involving an employee.
• A formal complaint must be dismissed if the report does not meet criteria, jurisdiction, definitions, withdrawal of report by Complainant, enrollment of parties, or other specific circumstances that prevent Western from gathering evidence.

1. Notice/Complaint

Upon receipt of a complaint or notice to the Title IX Coordinator of an alleged violation of the Policy, the Title IX Coordinator initiates a prompt initial assessment to determine the next steps Western needs to take.

The Title IX Coordinator will initiate at least one of three responses:

1) Offering supportive measures because the Complainant does not want to file a formal complaint; and/or

2) An Informal Resolution (upon submission of a formal complaint); and/or

3) A Formal Resolution including an investigation and a hearing (upon submission of a formal complaint).

Western uses the Formal Resolution process to determine whether or not the Policy has been violated. If it has, Western will promptly implement effective remedies designed to ensure that it is not deliberately indifferent to harassment or discrimination, their potential recurrence, and/or their effects.

2. Initial Assessment

Following receipt of notice or a complaint of an alleged violation of this policy, the Title IX Coordinator and/or Deputy Title IX Coordinator engages in an initial assessment to determine if there is reasonable cause to believe the policy has been violated. This inquiry may also serve to help the Title IX Coordinator determine if the allegations indicate the presence of violence, threat, pattern, predation, and/or weapon.  Following the initial assessment, the Coordinator or Deputy Coordinator may take any of the following actions:

• Dismiss the complaint, even if substantiated but does not rise to the level of policy violation, and offer remedies and resources.
• Refer the complaint to another office for review.
• If a complaint constitutes a violation of this procedure, interim measures may be implemented and The Complainant can choose to move forward with a formal written complaint, pursue an Informal Resolution, or choose that no action be taken.

In the event that the Complainant(s) has asked for no action to be taken and where violence, threat, pattern, predation, and/or weapon is not evidenced or the allegation does not involve minors, the Title IX Coordinator shall respect a Complainant’s request for no action and will investigate only so far as necessary to determine appropriate remedies and offer supportive measures. The process followed considers the preference of the parties but is ultimately determined at the discretion of the Title IX Coordinator.

If the Complainant prefers Informal Resolution, and Informal Resolution appears appropriate given the nature of the alleged behavior, the Title IX Coordinator may seek to determine if the Respondent is also willing to engage in informal resolution. The process for Informal Resolution is detained on page 30 of this Policy.

In cases where the Complainant wishes to proceed or Western determines it must proceed, the Title IX Coordinator will determine if the alleged misconduct falls within the scope of the most current Title IX regulations. If it does, the Title IX Coordinator will file a formal written complaint from the information available. The appropriate Title IX Deputy Coordinator will direct a formal investigation to commence, and the allegation will be resolved through Formal Resolution. If the alleged misconduct (or portions of the alleged misconduct) does not fall within the scope of the most current Title IX regulations, the Title IX Coordinator will “dismiss” the complaint (or such portions of the complaint outside the scope of the most current Title IX regulations) and assess whether other Western policies may apply. Please note that dismissing a complaint under the most current Title IX regulations is just a procedural requirement under Title IX which does not limit Western’s authority to address a complaint pursuant to applicable policies.

Once a Formal Resolution process has commenced, the Title IX Coordinator will provide written notification of the investigation to the Respondent, upon initiation of a full investigation. Western will make a good faith effort to complete all investigations within a sixty (60) to ninety (90) working-day time period, including appeals, which can be extended as necessary for appropriate cause by the Title IX Coordinator with notice to the parties as appropriate. 

3. Withdrawing a Complaint

A Complainant, at any time, may withdraw a complaint by notifying the Title IX Coordinator or Appropriate Deputy Title IX Coordinator in writing. The Coordinator may choose to continue the investigation, depending entirely upon the individual circumstances surrounding each case, including but not limited to violence, threat, pattern, predation, weapons, and/or minors. Interim supports and remedies will be offered regardless of the Complainant’s willingness to pursue formal action. Formal Resolution can still be initiated at any time in the future by notifying the Title IX Coordinator or Deputy Title IX Coordinator in writing.

4. Choosing Investigators

The Title IX Coordinator will appoint a two-person investigative team, which may consist of individuals employed by Western or outside investigators appointed by Western. Both members of this team must have completed an approved course of investigator training. Investigators may neither have nor demonstrate a conflict of interest or bias for a party generally, or for a specific Complainant or Respondent The Title IX Coordinator must, prior to appointing investigators, ensure the investigators are impartial, do not have an actual or apparent conflict of interest, or any disqualifying biases. Should an investigator discover a conflict once the investigation has begun, that investigator will immediately report the discovery to the Title IX Coordinator or the appropriate Deputy Title IX Coordinators. If, at any time during the resolution process, the parties have concerns regarding bias or conflict of interest, the Title IX Coordinator will assess such concerns and determine whether the concern is reasonable and supportable. If so, the Title IX Coordinator will assign another investigator and the impact of the bias or conflict, if any, will be remedied. If the source of the conflict of interest or bias is the Title IX Coordinator, concerns should be raised with the President.

5. Cooperation with Investigation and Disciplinary Procedures

Western encourages all members of the campus community (Complainants, Respondents, and Witnesses) to cooperate fully with the Title IX investigation and disciplinary procedures. However, Western recognizes that an individual may be reluctant to participate in the process.

Any party in an investigation that chooses not to participate must be aware that the investigation process may continue and a finding may be determined. It is possible for findings to be reached with respect to the alleged conduct and that disciplinary sanctions will be issued with or without a party’s participation. Western cannot require or issue disciplinary action due to a party’s decision not to participate fully. Western will not draw any adverse inference from a Respondent’s silence or limited participation, however it may impact the effectiveness of the investigation.

All parties may provide written statements in lieu of interviews during the investigation and may be interviewed remotely. If a witness submits a written statement but does not intend to be and is not present for questioning at a hearing, their written statement may not be used as evidence.

6. Advisors

The parties may each have an Advisor of their choice present with them for all meetings, interviews, and hearings within the resolution process, if they so choose. The parties may select whoever they wish to serve as their Advisor as long as the Advisor is eligible and available.^[vi]

Choosing an Advisor who is also a witness in the process creates potential for bias and conflict-of-interest. A party who chooses an Advisor who is also a witness can anticipate that issues of potential bias will be explored by the hearing Decision-maker(s).

7.Investigation Procedure

Notice of Report

Upon receipt of a formal report, the Title IX Coordinator provides written notice of the allegations to the parties, including:

• A meaningful summary of all allegations.
• Notice of the applicable policies and procedures.
• Notice of the details of the allegations, including:
  • The identities of the parties involved (if known);
  • The specific section(s) of the policy alleged to have been violated;
  • The precise misconduct that would be considered a violation of this Policy;
  • The date of the incident (if known); and
  • The location of the incident (if known).
• A description of the applicable procedures.
• A statement of the potential sanctions/responsive actions that could result.
• A statement in the written notice that the Respondent is presumed to be “not responsible” for the alleged conduct unless and until the evidence supports a different determination.
• A statement that parties will be given the opportunity to inspect and review all relevant evidence collected during the investigation.
• A reminder of the expectation of truthfulness, including consequences for providing knowingly false statements or submitting false information.
• A statement about Western’s policy on retaliation.
• A statement informing the parties that Western’s policies prohibit knowingly making false statements or knowingly submitting false information during the resolution process.
• A statement informing the parties of their right to have the assistance of an Advisor of their choosing present for all meetings attended by the party.
• Information about the confidentiality of the process.
• The names of the Investigators with a process to identify to the Title IX Coordinator, in advance of the interview process, any conflict of interest that the Investigator may have.
• An instruction to preserve any evidence that is directly related to the allegation.

Investigative Team

Title IX Coordinator will appoint a two-person investigative team that are free of any conflict of interest and bias. The Deputy Title IX Coordinator will work to support the investigative team, provide oversight, feedback, and resources as needed. The investigative team will interview the parties separately. Throughout the investigation, the team will compile an investigative file comprised of all interview summaries, witness statements, and other documents collected. Investigators will interview all available, relevant witnesses and conduct follow-up interviews as necessary. Investigators will provide each interviewed witness an opportunity to review and verify the Investigator’s summary notes (or transcript) of the relevant evidence/testimony from their respective interviews and meetings. If Investigator(s) elect to audio and/or video record interviews, all involved parties will be made aware of audio and/or video recording.[vii] The investigative team will also:

• Provide clear written notice before each interview or other meeting they are invited or expected to attend that includes the date, time, location, participants, and purpose.
• Ensure all parties are aware of their right to an Advisor of their choice, who may be present at all meetings, interviews, and proceedings. Any restrictions made to Advisor participation must be applied equally to all parties. All parties must be aware that if they move to a live hearing, an Advisor is required.
• Ensure that records that are made or maintained by health or mental health professionals are not accessed unless the investigators obtain the party’s voluntary, written consent to do so.
• Provide all parties an equal opportunity to inspect and review evidence obtained during the investigation that is directly related to and relevant to the allegations, including any evidence that the investigator does not intend to rely on in the written investigation report prior to finalizing the report.
• The investigators will question and allow each party to review and address all evidence as it is gathered. Investigators will then prepare a preliminary report document, which fully summarizes the investigation, all witness interviews, and includes all directly-related evidence gathered, and provide it to each party and their Advisors to review. The parties will have ten (10) working days to review the draft report and submit a written response to the evidence.
• If the Investigator receives written responses from the parties during such 10-day period, the Investigator will incorporate relevant elements of the responses into the final investigation report, include any additional relevant evidence, make any necessary revisions, and compile a final report to be provided to the Deputy Title IX Coordinator and/or legal counsel for review. The Investigators will incorporate any relevant feedback and share the final investigation report, which will be provided to the parties and their Advisors at least ten (10) working days before a hearing is scheduled.

8. Dismissal (Mandatory and Discretionary)

Western must dismiss a formal complaint or any allegations therein if at any time during the investigation or hearing, it is determined that:

• The conduct alleged in the formal complaint would not constitute sexual harassment as defined above, even if proved; and/or
• The conduct did not occur in an educational program or activity controlled by Western, and/or Western does not have control over the Respondent; and/or
• The conduct did not occur against a person in the United States; and/or
• At the time of filing a formal complaint, a Complainant is not participating in or attempting to participate in the education program or activity of Western.

Western may dismiss a formal complaint or any allegations therein if, at any time during the investigation or hearing:

• A Complainant notifies the Title IX Coordinator in writing that the Complainant would like to withdraw the formal complaint or any allegations therein; or
• The Respondent is no longer enrolled in or employed by Western; or
• Specific circumstances prevent the recipient from gathering evidence sufficient to reach a determination as to the formal complaint or allegations therein.

Upon any dismissal, Western will promptly send written notice of the dismissal and the rationale for doing so simultaneously to the parties. The dismissal decision is appealable by any party under the procedures for appeal below.

9. Informal Resolution

To initiate Informal Resolution, a Complainant must submit a formal complaint, as defined above. A Respondent who wishes to initiate Informal Resolution should contact the Title IX Coordinator. The parties may agree as a condition of engaging in Informal Resolution that statements made, or evidence shared during the Informal Resolution process will not be considered in a Formal Resolution Process unless all parties consent.

It is not necessary to pursue Informal Resolution first in order to pursue a Formal Resolution Process, and any party participating in Informal Resolution can stop the process at any time and begin or resume the Formal Resolution Process. 

Prior to implementing Informal Resolution, Western will provide the parties with written notice of the reported misconduct and any sanctions or measures that may result from participating in such a process, including information regarding any records that will be maintained or shared by Western.

Western will obtain voluntary, written confirmation that all parties wish to resolve the matter through Informal Resolution before proceeding and will not pressure the parties to participate in Informal Resolution.

Complaints resolved by Informal Resolution are not appealable.

10. Formal Resolution

When pursuing a Formal Resolution and after the final report prepared by Investigators the appropriate Title IX Coordinator or Title IX Designee involved in the investigation will:

• Assign a single Hearing Officer who is impartial, unbiased, and has not had any previous involvement with the investigation. The Title IX Coordinator will serve as the hearing facilitator and will facilitate the process, ensure record keeping of the hearing, and notify all parties of the findings and applicable sanctions. The Title IX Coordinator will oversee the arrangements necessary in convening a hearing but is not a participant in the hearing. The Hearing Officer will have or will receive training regarding Title IX, including all prohibited conduct defined under this procedure.
• Forward the final investigation report and all evidence to the Hearing Officer.
• Schedule a live hearing no earlier than ten (10) working days after parties have received the final report.
• No less than ten (10) working days prior to the hearing, the Title IX Coordinator will send notice of the hearing to the parties. Once mailed, emailed, and/or received in person, notice will be presumptively delivered.
  • The notice of hearing will contain:
    • A description of the alleged violation(s), a list of all policies allegedly violated, a description of the applicable hearing procedures, and a statement of the potential sanctions/responsive actions that could result.
    • The time, date, and location of the hearing and a reminder that attendance is mandatory.
    • A list of all individuals who will attend the hearing, along with the option to object to the Hearing Officer on the basis of demonstrated bias or conflict of interest. Any such objections must be raised with the Title IX Coordinator at least five (5) working days prior to the hearing.
    • Information regarding how the hearing will be recorded and/or transcribed and how to access the hearing/transcription after the hearing.
  • Facilitate the scheduling of prehearing meetings with the parties and the Hearing Officer. Prehearing meetings will be scheduled within five (5) workdays of the scheduled hearing. The prehearing meeting will review expectations, rules, and rights of the parties. The Hearing Officer will answer questions from the parties. Parties also may submit questions to the Hearing Officer that they would like to ask, through their Advisors, during the hearing. The Hearing Officer will review any submitted questions to ensure they are relevant. The Hearing Office may also consider arguments that evidence identified in the final investigation report as relevant is, in fact, not relevant. Similarly, evidence identified as directly related but not relevant by the Investigator(s) may be argued to be relevant. The Hearing Office may rule on these arguments pre-hearing and will present such rulings to the parties prior to the hearing.

11. Hearing Procedures

All questions at the hearing are subject to a relevance determination by the Hearing Officer. The Advisor(s), who will remain seated during the questioning, will pose the proposed question verbally to the Hearing Officer. The proceeding will pause to allow the Hearing Officer to consider the question, and the Hearing Officer will determine whether the question will be permitted, disallowed, or rephrased.

All evidence should be collected prior to moving to a hearing. New evidence will not be considered at hearing. If new evidence arises, the Title IX Coordinator should be notified by the party presenting new evidence, the hearing process will be stayed, and the investigative process will address the new evidence presented.

Determination and Standard of Evidence

The Hearing Officer will, based on the evidence presented, determine whether the Respondent violated the policy(s) in question. The preponderance of evidence standard is used for determinations pursuant to this Policy. Preponderance of the evidence means the evidence is sufficient to persuade a reasonable individual that the proposition is “more likely true than not.”

The Hearing Officer will prepare a deliberation statement and deliver it to the Title IX Coordinator, detailing the determination, rationale, evidence used in support of the determination, evidence not relied upon in the determination, credibility assessments, and any sanction recommendations. The deliberation statement shall be issued within five (5) working days after the hearing, unless extenuating circumstances require such time be extended.

Notice of Outcome

The Title IX Coordinator will work with the Hearing Officer to prepare a Notice of Outcome letter. The Title IX Coordinator will then share the letter, including the final determination, rationale, and any applicable sanction(s) with the parties and their Advisors within ten (10) working days of receiving the Decision-maker(s)’ deliberation statement.

The Notice of Outcome will be shared with the parties simultaneously. Notification will be made in writing and may be delivered by Western-appointed email. Once emailed, notice will be presumptively delivered.

The Notice of Outcome will articulate the specific policy or policies reported to have been violated, including the relevant policy section, and will contain a description of the procedural steps taken by Western from the receipt of the misconduct report to the determination, including any and all notifications to the parties, interviews with parties and witnesses, site visits, methods used to obtain evidence, and hearings held.

The Notice of Outcome will specify the finding on each alleged policy violation; the findings of fact that support the determination; conclusions regarding the application of the relevant policy to the facts at issue; a statement of, and rationale for, the result of each allegation to the extent Western is permitted to share such information under state or federal law; any sanctions issued which Western is permitted to share according to state or federal law; and whether remedies will be provided to the Complainant to ensure access to Western’s educational or employment program or activity.

The Notice of Outcome will also include information on when the results are considered by Western to be final, any changes that occur prior to finalization, and the relevant procedures and bases for any available appeal options.

12. Sanctions

Sanctions will be determined based on the totality of the circumstances, including but not limited to the seriousness of the misconduct, the Respondent’s previous disciplinary history (if any), the need for sanctions/responsive action to bring an end to the discrimination, harassment and/or retaliation and to prevent the future recurrence of the same, and any other information deemed relevant. If a Respondent is found responsible for violating college procedure, the Associate Vice President of Human Resources (employees) or the Dean of Students (students) will record the sanction and retain records in accordance with protocols for all other disciplinary cases and Title IX compliance. Possible sanctions may include, but are not limited to the following:

a. Student Sanctions

The following sanctions may be imposed upon students or organizations singly or in combination:

• Written Warning: A formal statement that the conduct violated Western policy(ies) and a warning that further infractions of any Western policy, procedure or directive will result in more severe sanctions/responsive actions.
• Educational Programming: Participating in further education and or counseling regarding the nature of the misconduct.
• Probation: A written reprimand for violation of Wester policy(ies) and/or the Code of Student Conduct, providing for more severe disciplinary sanctions in the event that the student or organization is found in violation of any Western policy, procedure or directive within a specified period of time. Terms of the probation will be specified and may include denial of specified social privileges, exclusion from co-curricular activities, non-contact orders and/or other measures deemed appropriate. Violation of any terms of the probation and/or further violations of Western policy(ies) may result in suspension or dismissal from Western.
• Suspension: Termination of student status for a definite period of time not to exceed two years, and/or until specific criteria are met. Students who return from suspension are automatically placed on probation through the remainder of their tenure at Western. This sanction may be noted as a Conduct Suspension on the student’s official transcript, at the discretion of the Title IX Coordinator.
• Expulsion: Permanent termination of student status and revocation of rights to be on campus for any reason or attend college-sponsored events. This sanction will be noted as a “Suspension/Expulsion Conduct – Dismissal” on the student’s official transcript.
• Organizational Sanctions: Deactivation, de-recognition, loss of all privileges (including college registration), for a specified period of time.
• Other Actions: In addition to or in place of the above sanctions, Western may assign any other sanctions as deemed appropriate.

b. Employee Sanctions

Responsive actions for an employee who has engaged in harassment, discrimination and/or retaliation will be determined by the Title IX Hearing Officer in consultation with legal counsel and relayed to the Human Resource Department for implementation. Possible sanctions include, but are not limited to:

• Warning
• Performance Improvement
• Counseling
• Training/Education
• Probation
• Loss of Responsibility
• Demotion
• Transfer
• Suspension with/without pay
• Termination
• Any other sanction or responsive action Western deems appropriate[viii]

13. Long-Term Remedies/Actions

Following the conclusion of the Investigative and Resolution process, and in addition to any sanctions implemented, the Title IX Coordinator may utilize long-term remedies or actions to stop harassment or discrimination, remedy its effects and prevent their reoccurrence on campus. These remedies/actions may include, but are not limited to:

• Changes to campus education efforts
• Increased awareness and prevention efforts
• Increased safety measures
• Changes to procedures

14. Failure to Complete or Comply with Sanctions/Remedies/Responsive Actions

All Respondents are expected to comply with sanctions, responsive actions, and corrective actions within the timeframe specified by the Hearing Officer and/or Title IX Coordinator that are implemented following a determination of responsibility. Failure to abide by these conduct sanctions, responsive actions, and corrective actions by the date specified, whether by refusal, neglect, or any other reason, may result in additional sanctions up to suspension, expulsion, and/or termination from Western. The Title IX Coordinator is responsible for ensuring that all sanctions have been met in specified timeframes.

15. Appeal

Any party may file a request for appeal, but it must be submitted in writing to the Title IX Coordinator within five (5) working days of the delivery of the Notice of Outcome. The Title IX Coordinator will provide the investigation file that includes reports, evidence, and hearing records to the appropriate Vice President for appeal review. The review is not a review of the merits of the appeal, but solely a determination as to whether the request meets the grounds for appeal and is timely filed. Appeals are limited to the following grounds:

• There is new evidence that was not available during the investigation or determination that could affect the outcome of the matter (a summary of this new evidence and its potential impact must be included in the request for appeal);
• There were procedural irregularities that affected the outcome of the matter (a summary of the procedural irregularities and their potential impact must be included in the request for appeal); or
• The Title IX Coordinator, Investigator(s), or Hearing Officer had a conflict of interest or bias for or against Complainants or Respondents generally or the specific Complainant or Respondent that affected the outcome of the matter (a summary of the conflict/bias, related evidence, and the potential impact must be included in the request for appeal).

If any of the grounds in the request for appeal do not meet the grounds for appeal set forth in this Policy, the Vice President will deny the appeal and notify the parties and their Advisors in writing of the denial and basis for the same.

If any of the grounds in the request for appeal meet the grounds in this Policy, the Vice President will forward the appeal to the Title IX Coordinator and an Appeal Officer appointed by Western and forward a copy of the appeal to the other parties, and their Advisors. The Appeal Officer may decide to:

• Uphold the original decision;
• Lessen the imposed sanction; or
• Return the case to the investigative team for additional proceedings or other action.

If an appeal is filed, the Title IX Coordinator will notify the other party in writing, who may file a response within three (3) working days. The non-appealing party may also choose to raise a new ground for appeal at this time. If so, that will be reviewed to determine if it meets the grounds in this policy by the Vice President. If approved, it will be forwarded to the party that initially requested the appeal, and such party may submit a response, if any, within three (3) working days. If not approved, the parties will be notified accordingly, in writing.

Any sanctions imposed as a result of the hearing are stayed during the appeal process.

The Title IX Coordinator will have primary responsibility for interactions with the parties and for any gathering of information needed for the appeal. The Title IX Coordinator will notify both parties in writing of the outcome of any appeal within three working days of the decision.  16. Records

In implementing this policy, records of all allegations, investigations, resolutions, and hearings will be kept by the Title IX Coordinator for a minimum of seven years. All training records for Title IX Team members will be kept with the Title IX Coordinator for a minimum of seven years.

It is the responsibility of the Title IX Coordinator, in consultation with the Dean of Students, to ensure that only authorized personnel have access to the records.

17. RESOLUTION PROCESS FOR ALLEGED VIOLATIONS OF THE EQUAL OPPORTUNITY/NON-DISCRIMINATION POLICY

Western will act on any formal or informal allegation or notice of violation of the Sexual Misconduct, Harassment and Discrimination Policy that is received by the Title IX Coordinator[ix] or a member of the administration, faculty, or other employee, with the exception of confidential resources. For all allegations of harassment, discrimination, and/or retaliation on the basis of protected characteristic status involving students, staff, faculty members, or third parties and may include Sexual Misconduct, Harassment, and Discrimination that is not addressed by the Title IX process will be addressed using Policy 2150 and the corresponding procedure.

These procedures may also be used to address collateral misconduct arising from the investigation of, or occurring in conjunction with, harassing, discriminatory, or retaliatory conduct (e.g., vandalism, physical abuse of another). All other allegations of misconduct unrelated to incidents covered by this Policy will be addressed through the procedures elaborated in the respective student, faculty, and staff handbooks and policies.

APPENDIX A: POLICY GLOSSARY

1. Glossary

• Advisor means a person chosen by a party or appointed by the institution to accompany the party to meetings related to the resolution process, to advise the party on that process, and to conduct questioning for the party at the hearing, if any.
• Complainant means an individual who is alleged to be the victim of conduct that could constitute harassment or discrimination based on a protected class, or retaliation for engaging in a protected activity.
• Complaint (formal) means a document submitted or signed by a Complainant or signed by the Title IX Coordinator alleging harassment or discrimination based on a protected class or retaliation for engaging in a protected activity against a Respondent and requesting that the recipient investigate the allegation.
• Confidential Resource means an employee who is not a Mandated Reporter of notice of harassment, discrimination, and/or retaliation (irrespective of Clery Act Campus Security Authority status).
• Decision-maker (also referred to herein as Hearing Officer) is the person, panel, and/or Chair who hears evidence, determines relevance, and makes the Final Determination of whether this Policy has been violated and/or assigns sanctions.
• Directly Related Evidence is evidence connected to the complaint, but which is neither inculpatory (tending to prove a violation) nor exculpatory (tending to disprove a violation) and cannot be relied upon by the investigation report or Decision-maker. Compare to Relevant Evidence, below.
• Education program or activity means locations, events, or circumstances where Western exercises substantial control over both the Respondent and the context in which the sexual harassment, discrimination, and/or retaliation occurs and also includes any building owned or controlled by a student organization that is officially recognized by Western.
• Final Determination: A conclusion by the preponderance of the evidence that the alleged conduct did or did not occur and did or did not violate policy.
• Finding: A conclusion by a preponderance of the evidence that the conduct did or did not occur as alleged (as in a “finding of fact”).
• Formal Resolution Process means “Process A,” a method of formal resolution designated by the recipient to address conduct that falls within the policies included above, and which complies with the requirements of the Title IX regulations.
• Investigator means the person or persons charged by Western with gathering facts about an alleged violation of this Policy, assessing relevance and credibility, synthesizing the evidence, and compiling this information into an investigation report of Relevant Evidence and a file of Directly Related evidence.
• Mandated Reporter means an employee of Western who is obligated by policy to share knowledge, notice, and/or reports of harassment, discrimination, and/or retaliation with the Title IX Coordinator and/or their supervisor.^[x]
• Notice means that an employee, student, or third-party informs the Title IX Coordinator or other Official with Authority of the alleged occurrence of harassing, discriminatory, and/or retaliatory conduct.
• Parties include the Complainant(s) and Respondent(s), collectively.
• Process A means the Formal Resolution Process detailed and defined above.
• Process B means the administrative resolution procedures detailed in that apply only when Process A does not, as determined by the Title IX Coordinator.
• Relevant Evidence is evidence that tends to prove (inculpatory) or disprove (exculpatory) an issue in the complaint.
• Remedies are post-Finding actions directed to the Complainant and/or the community as mechanisms to address safety, prevent recurrence, and restore access to Western’s educational program.
• Respondent means an individual who has been reported to be the perpetrator of conduct that could constitute harassment or discrimination based on a protected class, or retaliation for engaging in a protected activity.
• Resolution means the result of an informal or Formal Resolution Process.
• Sanction means a consequence imposed by Western on a Respondent who is found to have violated this policy.
• Sexual Harassment is the umbrella category including the offenses of sexual harassment, sexual assault, stalking, dating violence, and domestic violence.
• Title IX Coordinator is at least one official designated by Western to ensure compliance with Title IX and the Western’s Title IX program. References to the Title IX Coordinator throughout this policy may also encompass a designee of the Title IX Coordinator for specific tasks.

APPENDIX B: STATEMENT OF RIGHTS OF THE PARTIES

• The right to an equitable investigation and resolution of all credible allegations of prohibited harassment, discrimination, and/or retaliation made in good faith to Western officials.
• The right to timely written notice of all alleged violations, including the identity of the parties involved (if known), the precise misconduct being alleged, the date and location of the alleged misconduct (if known), the implicated policies and procedures, and possible sanctions.
• The right to timely written notice of any material adjustments to the allegations (e.g., additional incidents or allegations, additional Complainants, unsubstantiated allegations) and any attendant adjustments needed to clarify potentially implicated policy violations.
• The right to be informed in advance of any public release of information by Western regarding the allegation(s) or underlying incident(s), whenever possible.
• The right not to have any personally identifiable information released by Western to the public without consent provided, except to the extent permitted by law.
• The right to have Western policy and these procedures followed without material deviation.
• The right not to be pressured to mediate or otherwise informally resolve any reported misconduct involving violence, including sexual violence.
• The right not to be discouraged by Western officials from reporting sexual harassment, discrimination, and/or retaliation to both on-campus and off-campus authorities.
• The right to be informed by Western officials of options to notify proper law enforcement authorities, including on-campus and local police, and the option(s) to be assisted by Western in notifying such authorities, if the party so chooses. This also includes the right not to be pressured to report.
• The right to have allegations of violations of this Policy responded to promptly by Western.
• The right to be informed of available supportive measures, such as counseling; advocacy; health care; student financial aid, visa, and immigration assistance; and/or other services, both on campus and in the community.
• The right to a Western-implemented no-contact order when a person has engaged in or threatens to engage in stalking, threatening, harassing, or other improper conduct.
• The right to be informed of available assistance in changing academic, and/or working situations after an alleged incident of discrimination, harassment, and/or retaliation, if such changes are reasonably available. No formal report, or investigation, either institutional or criminal, needs to occur before this option is available. Such actions may include, but are not limited to:
  • Changing an employee’s work environment (e.g., reporting structure, office/workspace relocation)
  • Transportation assistance
  • Exam, paper, and/or assignment rescheduling or adjustment
  • Receiving an incomplete in, or a withdrawal from, a class (may be retroactive)
  • Transferring class sections
  • Temporary withdrawal/leave of absence (may be retroactive)
  • Campus safety escorts
• The right to have Western maintain such actions for as long as necessary and for supportive measures to remain confidential, provided confidentiality does not impair Western’s ability to provide the supportive measures.
• The right to identify and have the Investigator(s), Advisors, and/or Decision-maker(s) question relevant available witnesses, including expert witnesses.
• The right to have inadmissible sexual predisposition/prior sexual history or irrelevant character evidence excluded by the Decision-maker(s).
• The right to be informed of the names of all witnesses whose information will be used to make a finding, in advance of that finding, when relevant.
• The right to regular updates on the status of the investigation and/or resolution.
• The right to have reports of alleged Policy violations addressed by Investigators, Title IX Coordinators, and Decision-maker(s) who have received relevant annual training.
• The right to preservation of confidentiality/privacy, to the extent possible and permitted by law.
• The right to meetings, interviews, and/or hearings that are closed to the public.
• The right to petition that any Western representative in the process be recused on the basis of disqualifying bias and/or conflict of interest.
• The right to be present, including presence via remote technology, during all testimony given and evidence presented during any hearing.
• The right to a fundamentally fair resolution as defined in these procedures.

 

[i] For the purpose of this policy, Western defines “students” as any individual who has accepted an offer of admission, or who is registered or enrolled for credit or non-credit bearing coursework, and who maintains an ongoing relationship with Western Wyoming Community College.

[ii] Which includes, but is not limited to, the work environment of Western’s employees.

^[iii] For the purpose of this policy, privacy and confidentiality have distinct meanings. Privacy means that information related to a complaint will be shared with a limited number of Western’s employees who “need to know” in order to assist in the assessment, investigation, and resolution of the report. All employees who are involved in Western’s response to notice under this policy receive specific training and guidance about sharing and safeguarding private information in accordance with state and federal law. The privacy of student education records will be protected in accordance with the Family Educational Rights and Privacy Act (“FERPA”), as outlined in the Western’s Student Records Policy. Confidentiality exists in the context of laws (including Title IX) that protect certain relationships, including those who provide services related to medical and clinical care, mental health providers, counselors, and ordained clergy. The law creates a privilege between certain health care providers, mental health care providers, attorneys, clergy, spouses, and others, with their patients, clients, parishioners, and spouses. Western has designated individuals who have the ability to have privileged communications as Confidential Resources. For more information about Confidential Resources, see page 26. When information is shared by a Complainant 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.

[iv] Unwelcomeness is subjective and determined by the Complainant (except when the Complainant is younger than the age of consent). Severity, pervasiveness, and objective offensiveness are evaluated based on the totality of the circumstances from the perspective of a reasonable person in the same or similar circumstances (“in the shoes of the Complainant”), including the context in which the alleged incident occurred and any similar, previous patterns that may be evidenced. as

[v] A ‘sexual act’ is specifically defined by federal regulations to include one or more of the following:

                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.

                Fondling: The touching of the private body parts of another person (buttocks, groin, breasts), for the purpose of sexual gratification, forcibly, and/or against that person’s will (non-consensually), or not forcibly or against the person’s will in instances when the Complainant is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacity.

Incest: Non-forcible sexual intercourse, between persons who are related to each other, within the degree wherein marriage is prohibited by Wyoming

Statutory Rape: Non-forcible sexual intercourse, with a person who is under the statutory age of consent of Wyoming and there exists a four-year age difference between the parties.

^[vi] “Eligible and available” means the party cannot insist on an Advisor who simply doesn’t have inclination, time, or availability. Also, the Advisor cannot have institutionally conflicting roles, such as being a Title IX administrator who has an active role in the matter, or a supervisor who must monitor and implement sanctions.

[vii] No unauthorized audio or video recording of any kind is permitted during investigation meetings.

[viii] These sanctions are not intended to be, and will not be, implemented in a progressive discipline manner. Western incorporates its personnel policies with respect to imposition of discipline and will implement discipline for violations of this Policy consistent with its personnel policies.

[ix] All references herein to a Compliance Coordinator also include a designee of the Compliance Coordinator.

^[x] Not to be confused with those mandated by state law to report child abuse, elder abuse, and/or abuse of individuals with disabilities to appropriate officials, though these responsibilities may overlap with those who have mandated reporting responsibility in this Policy.

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Adopted: January 18, 1996
Reformatted: May 5, 2011
Revised: January 14, 2016
Reformatted: March 17, 2017
Revised: October 8, 2020

Revised: September 12, 2024 (Renumbered from 5420E)