Washington State University
EXECUTIVE POLICY MANUAL

Executive Policy #15
Revision Approved December 18, 2014

Policy Prohibiting Discrimination, Sexual Harassment, and Sexual Misconduct

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POLICY

Purpose

Discrimination in all its forms, including discriminatory harassment, sexual harassment, and sexual misconduct (including sexual assault and other sexual violence), destroys mutual respect and a trusting environment, can bring substantial personal harm to individuals, and violates individual rights. Such behaviors are prohibited and are not tolerated at Washington State University (WSU or the University). This policy expresses WSU's commitment to maintain an environment free of all forms of discrimination.

This policy applies to all students, faculty, staff, and others having an association with the University including, but not limited to, such individuals at all campuses and WSU employment sites. This policy applies whether conduct occurs on campus or off campus, if the continuing effects of the conduct have the potential to unreasonably interfere with or limit an individual's work, academic performance, living environment, personal security, or participation in any WSU activity. WSU's Office for Equal Opportunity (OEO) is the University's central intake office for matters involving discrimination, sexual harassment, and sexual misconduct. All WSU employees and units must coordinate with OEO on matters that implicate this policy.

Definitions of terms follow below. In some cases, certain definitions from the WSU Standards of Conduct for Students are incorporated into this policy and apply to all persons subject to this policy, not just students.

WSU is committed to the principles of free inquiry and free expression; vigorous discussion and debate are fundamental to the University. This policy is not intended to stifle teaching methods or freedom of expression. Discrimination, as prohibited in this policy, is conduct that is neither legally protected as an expression of free speech, nor the proper exercise of academic freedom. Discrimination compromises the integrity of the University, its tradition of intellectual freedom, the trust and respect expected in the University community, and the rights of individuals.

Discrimination Prohibited

This policy prohibits discrimination on the basis of the following protected classes and/or characteristics:

Discriminatory harassment, a form of discrimination, is also prohibited (see also "Sexual Harassment Prohibited" below). Discriminatory harassment is improper conduct toward a particular individual, individuals, or groups on the basis of one or more of the protected classes indicated above, that is sufficiently severe, persistent, or pervasive that it has the purpose or effect of:

Examples of behaviors that may constitute discrimination include, but are not limited to:

Sexual Harassment Prohibited

Sexual harassment is a form of discrimination based on sex and/or gender and is prohibited by this policy. Sexual harassment encompasses unwelcome verbal or physical conduct of a sexual nature.

Quid pro quo sexual harassment occurs when:

Sexual misconduct, which includes sexual assault and other sexual violence, is a form of sexual harassment and is also prohibited by this policy (see below).

Sexual harassment also encompasses "gender-based harassment," which means harassment of a non-sexual nature that occurs because of a person's sex and/or gender. It includes harassment based on a person's nonconformity with sex and/or gender stereotypes.

Sexual harassment creates a hostile environment when behavior is sufficiently severe, persistent, or pervasive to interfere with an individual's work or educational performance, or creates an intimidating, hostile, or offensive work or educational environment. Examples include, but are not limited to, the following:

Other offenses that may constitute sexual harassment when based on sex and/or gender include, but are not limited to:

Sexual Misconduct Prohibited

Sexual misconduct is a form of sexual harassment and is prohibited by this policy. The definition of sexual misconduct in WAC 504-26-221 is used for purposes of this policy. Sexual misconduct includes sexual assault and other sexual violence.

To File a Complaint

Anyone who has experienced conduct implicated by this policy, or any third party who witnesses or becomes aware of conduct implicated by this policy, should contact OEO or a Title IX Co-Coordinator. For incidents on regional campuses, Global Campus, or Extension facilities, the incident may be reported to the designated Title IX Liaison for that area, who reports the incident to OEO. The list of Title IX Co-Coordinators and Title IX Liaisons is available on the OEO website at:

http://oeo.wsu.edu

Individuals who file a complaint with OEO can expect to receive information regarding resources available at WSU and in the community that provide counseling and support. OEO also provides information regarding the investigation process and interim measures that may be available while the investigation is pending (see "Investigation Procedures--Interim Measures" below).

After an incident is reported to OEO, WSU takes appropriate steps to stop the discriminatory behavior, prevent its recurrence, and remedy its effects. These steps typically include a prompt, effective, and impartial investigation (see "Investigation Procedures" below).

Generally within one working day of receiving a complaint, OEO provides written materials to the complainant regarding WSU's policies, procedures, and available resources. These materials include the name of a contact person for questions or comments regarding this policy and OEO's complaint procedures.

Reporting Criminal Behavior to Police

Anyone who has experienced sexual misconduct, sexual assault, stalking, domestic violence, or another crime may choose to report the incident to the police. WSU's process under this policy is separate from the criminal process and can be pursued simultaneously (see "Investigation Procedures" below). In most cases, OEO defers to the complainant's wishes regarding whether to contact police and/or file a criminal complaint; however, there are situations in which the safety of the WSU community or other considerations may require OEO to report an incident to police. OEO attempts to inform the complainant of its decision when this occurs.

Confidential Consulting Protected by Law

Anyone who has experienced conduct implicated by this policy may choose to consult with a licensed mental health care provider or health care provider (see "Resources" below). By law, such professionals are able to assist victims confidentially and are exempt from legal obligations to report incidents for investigation, with some exceptions (for example, child abuse, elder abuse, certain threats of harm) (see "WSU Employee Reporting Responsibilities" for a list of other offices that are able to provide a level of confidentiality).

WSU Employee Reporting Responsibilities

Incidents Involving Sexual Harassment or Sexual Misconduct

WSU employees who have information regarding an incident or situation involving sexual harassment or sexual misconduct are required to promptly report the information to OEO or to one of the designated Title IX Co-Coordinators or Title IX Liaisons. The list of area Title IX Co-Coordinators and Title IX Liaisons is available on the OEO website at:

http://www.oeo.wsu.edu/title-ix/

There are limited exceptions to this requirement. The exceptions are:

Other Incidents of Discrimination

WSU employees with supervisory responsibility must report all incidents of discrimination and discriminatory harassment to OEO, including incidents that do not involve sexual harassment or sexual misconduct. All other WSU employees are strongly encouraged to report such incidents.

Interim Measures

In some cases, WSU employees with supervisory responsibility must take immediate action to end offending conduct and protect the well-being of the complainant. Supervisors must take such interim measures in consultation with OEO, HRS, and the WSU Division of the Attorney General's Office (see also "Investigation Procedures--Interim Measures" below).

Other Reporting

Under state law (RCW 26.44.030(1)(f)), all administrative, academic, and athletic department employees, including student employees, are required to report suspected child abuse or neglect to law enforcement or to the Washington State Department of Social and Health Services. All other higher education employees are required to report suspected child abuse or neglect to their supervisor within 48 hours and also should report these incidents to law enforcement (RCW 28B.10.846).

Discrimination, Sexual Harassment, and Sexual Misconduct Awareness, Prevention, and Response Training

WSU employees are required to complete Discrimination, Sexual Harassment, and Sexual Misconduct Awareness, Prevention, and Response Training. To learn more about this training requirement, see:

http://hrs.wsu.edu/dshp

Individual units may require employees to complete additional training and may submit requests to OEO for specific training needs.

Retaliation and Interference Prohibited

This policy prohibits retaliation. Retaliation includes any act that would dissuade a reasonable person from making or supporting a complaint, or participating in an investigation, under this policy. It includes action or threat of action that could negatively affect another's employment, education, reputation, or other interest. Retaliation is a separate and distinct violation of this policy. Retaliatory acts should be reported immediately to OEO and are handled promptly, effectively, and equitably.

Interference with the complaint or investigation process is also prohibited and constitutes a violation of this policy. Interference includes, but is not limited to, actions that dissuade or attempt to dissuade complainants or witnesses from reporting or participating in an investigation, or actions that delay or disrupt, or attempt to delay or disrupt, an investigation.

Investigation Procedures

OEO conducts prompt, fair, effective, and impartial investigations of incidents of alleged discrimination,sexual harassment, and sexual misconduct. For complete information regarding investigative procedures, consult OEO's Procedural Guidelines for Responding to Allegations of Violation of the WSU Policy Prohibiting Discrimination, Sexual Harassment, and Sexual Misconduct:

http://oeo.wsu.edu/oeo-procedural-guidelines/

Investigations under this policy are subject to the following:

When a complainant requests confidentiality or that WSU not proceed with an investigation, WSU respects that request to the extent possible. WSU's legal obligation to provide a safe and nondiscriminatory environment may require that OEO proceed with an investigation, which may require investigators to share limited identifying information about a complainant. OEO informs a complainant if this occurs. In all cases, OEO works with the complainant to provide resources and support.

See also "Enforcement and Disciplinary Sanctions" below.

Enforcement and Disciplinary Sanctions

The University vigorously enforces this policy. Persons determined to have violated this policy are subject to sanctions imposed using the procedures set forth in applicable University policies and handbooks (e.g., the WSU Faculty Manual, the Administrative Professional Handbook, WAC 357-40 (civil service employees), applicable collective bargaining agreements, or the WSU Standards of Conduct for Students, WAC 504-26), including any appeal procedures therein. The chosen sanction is to be adequately and appropriately severe to prevent future offenses. The sanctions that are imposed, or other actions taken, must be reported to OEO by the administrator or supervisor who imposes the sanctions.

In addition, inappropriate and unprofessional behavior by WSU personnel that does not rise to the level of a policy violation (e.g., unwelcome sexual comments that are not sufficiently severe, persistent, or pervasive to constitute sexual harassment), may nonetheless be subject to corrective or disciplinary action in some cases.

Malicious or Frivolous Allegations Prohibited

The University disciplines members of the University community who knowingly make false or frivolous allegations of discrimination, sexual harassment, or sexual misconduct. No complaint is considered malicious or frivolous solely because it cannot be corroborated.

Office for Equal Opportunity
French Administration, Room 225
Pullman, WA 99164-1022
509-335-8288
http://oeo.wsu.edu

RESOURCES

The resources listed below represent only a selection of the resources available. For additional resources, including resources specific to each campus location, as well as state and federal compliance offices, visit:

http://oeo.wsu.edu/resources/

WSU Title IX Coordinator, Co-Coordinators, and Liaisons:

WSU Title IX Coordinator:
Kimberly Anderson
Director, Office for Equal Opportunity
French Ad 225
anderson34@wsu.edu
509-335-8288
WSU Title IX Co-Coordinators and Liaisons:
For the list of current Title IX Co-Coordinators and campus Liaisons, see the OEO website:
http://oeo.wsu.edu

Confidential Resources

In most instances, service providers from the following resources can speak with individuals confidentially about their concerns:


WSU Pullman Confidential Resources:


Counseling and Testing Services
509-335-4511
http://counsel.wsu.edu/

WSU Health and Wellness Services
509-335-3575
http://hws.wsu.edu/

Alternatives to Violence of the Palouse
24-hour crisis line:
1-877-334-2887 or 509-332-HELP

WSU Employee Assistance Program
509-335-1744
http://www.eap.wsu.edu/

Regional Campuses Confidential Resources:

WSU Spokane--Counseling Services
Academic Center 145C
Spokane, WA 99210-1495
509-358-7740
severing@wsu.edu

WSU Tri-Cities--Counseling Services
Tri-Cities West Building 269 E
Richland, WA 99354
509-372-7153
http://www.tricity.wsu.edu/counseling/

WSU Vancouver--Counseling Services
Student Services Center, rooms 111 & 113
Vancouver, WA, USA 98686-9600
360-546-9238
http://studentaffairs.vancouver.wsu.edu/counseling-services

Health and Wellness Services
(For students at all WSU locations)
24 Hour Consulting Nurse: 509- 335-3575

Confidential Resources for Employees at all WSU Locations:

Washington Department of Personnel
Employee Assistance Program
(For employees at all WSU locations):
1-877-313-4455 (toll free)
http://www.dop.wa.gov/EAP/
 

Additional Resources

For information about additional resources, including resources specific to each campus location and state and federal compliance offices, visit:

http://oeo.wsu.edu/resources/

Human Resource Services
French Administration, Room 139
Pullman, WA 99164-1014
509-335-4521
http://hrs.wsu.edu/

Regional Human Resource Services
    Spokane: 509-358-7566
    Tri-Cities: 509-372-7302
    Vancouver: 360-546-9587
WSU Police
Public Safety Building
Pullman, WA 99164-7300
509-335-8548
For Emergencies: Dial 911
WSU Police
Public Safety Building
Pullman, WA 99164-7300
509-335-8548
For Emergencies: Dial 911