(1)
Reporting. Individuals who believe a student or student
organization has engaged in discrimination, harassment, sexual assault, sexual
misconduct, or retaliation may report such concerns to any of the following
offices:
(c) Student rights and
responsibilities (
www.inside.ewu.edu/srr). This code refers
to people who were directly negatively impacted by conduct in violation of this
code as "complainants" regardless of whether or not they file a formal
complaint with EWU.
(2)
Initial meeting. After receiving a report, the Title IX
coordinator, student accommodations and support services, or their designees
will promptly reach out to the complainant, which may or may not be the same as
the reporting party, to provide information about EWU's process, their rights,
reporting options, resources, and available supportive measures. This will
include information about:
(a)
Reporting
options: EWU encourages people to report incidents of discrimination,
discriminatory harassment, interpersonal violence, sexual assault, sexual
misconduct or retaliation. Complainants have the choice as to whether or not
they would like to file a complaint with EWU and/or law enforcement. People can
file a complaint, with the help of the Title IX coordinator upon request, with
EWU or with local law enforcement, or both, using one of the following options:
(i) EWU process: Complaints may be filed with
the Title IX coordinator. This includes complaints against EWU students,
employees, contractors, vendors, volunteers, and visitors.
(ii) Criminal: Criminal complaints can be
filed with the EWU police department or any law enforcement agency that has
jurisdiction over the location where the incident occurred.
(iii) Both: A complainant may report an
incident to both EWU and law enforcement.
(b)
Resources: Complainants will
be provided with information about university and community resources relevant
to the particular concern, including:
(i) A
list of resources for obtaining protective, no contact, restraining, or similar
orders;
(ii) How to seek medical
treatment, the importance of preserving evidence relevant to the alleged
conduct or that may be helpful in obtaining a protective order, and procedures
to follow to preserve such evidence; and
(iii) A list of existing on and off campus
counseling, health care services, mental health services, victim advocacy,
financial aid, legal assistance, visa and immigration assistance, and other
services for complainants and respondents;
(c)
Overview of EWU's discrimination
and Title IX processes: Information will also be provided about EWU's
process for responding to complaints under this code, including:
(i) Importance of preserving evidence that
may assist in investigation of the incident or that may be helpful in obtaining
a protection order;
(ii) EWU's
policies regarding the confidentiality of complaints;
(iii) How to request supportive
measures;
(iv) EWU's investigative
and hearing process, including who will receive a copy of the investigative
report;
(v) Options for informal
resolution; and
(vi) EWU's
prohibition against retaliation and how to report retaliation.
(3)
Supportive
measures. After receiving a report of discrimination, the Title IX
coordinator or designee will review the complaint and determine whether or not
supportive measures or interim restrictions are needed. Supportive measures are
available for all students and employees regardless of whether someone wants to
file a complaint. Requests for supportive measures may be directed to student
accommodations and support services or the Title IX coordinator. Supportive
measures may be in place before a complaint is filed, during the investigation
and decision-making process, informal resolution process, and/or after the
final determination of responsibility. Supportive measures are also available
for both complainants and respondents.
Supportive measures are provided by EWU free of charge and
may include, but are not limited to, safety planning with EWU, mutual
restrictions on contact between the parties, academic or workplace
modifications, leaves of absence, increased security, counseling options on
campus, or campus housing modifications. Supportive measures are designed to
restore or preserve equal access to EWU's educational programs or activities
without unreasonably burdening either party, including protecting the safety of
all parties and EWU's educational environment, or deterring sexual misconduct
or discrimination. Supportive measures may be provided for a specific period of
time or throughout the remainder of a student's time at EWU.
If a complainant or respondent disagrees with the supportive
measures determination, they may file a written appeal with the dean of
students within 10 calendar days of the determination by emailing dos@ewu.edu.
The dean of students, or designee, may affirm, modify, or reverse the
supportive measures determination. Such decision shall be served on the
appealing party in writing. If a student's circumstances change materially,
they may request new or additional supportive measures.
Supportive measures are confidential and will only be shared
with those people who need to know such information to enable EWU to provide
the supportive measures. The Title IX coordinator or designee is responsible
for coordinating the effective implementation of supportive measures. All
supportive measures should be documented and retained for seven years. If
supportive measures are not provided, EWU must document the reasons why such
measures were not needed.
(4)
Confidentiality. Information
gathered during an investigation and adjudication of a complaint under this
code will be maintained in a confidential manner to the extent permitted by
law. During an investigation, complaint information will be disseminated only
on a need-to-know basis. If the complainant wishes to remain anonymous, the
university will take all reasonable steps to investigate the allegation without
disclosing the name of the complainant to the extent allowed by state and
federal law. If the complainant wishes to remain anonymous, the university
shall inform them that its ability to investigate and respond to the allegation
will be limited. The university cannot ensure confidentiality, as its legal
obligations under federal or state law may require investigation of the
allegation and possible disclosure of the complainant's name. Reports of crime
to the campus community, timely warnings, and EWU's annual security report
shall not include the names of the complainants or victims. Files subject to
public disclosure will be released to the extent required by law.
The university will not require a complainant or respondent
to abide by a nondisclosure agreement that would prevent the redisclosure of
information related to an investigation or disciplinary action under this
policy.
