Definitions
Complainant
"Complainant" refers to anyone that has been subjected to sexual misconduct or interpersonal violence.
Respondent
"Respondent" refers to anyone that has a complaint of sexual misconduct or any other university policy filed against them.
Sexual Harassment
Consistent with state and federal law, sexual harassment is conduct on the basis of sex that meets the criteria of one of the following categories:
1. Quid Pro Quo
Quid pro quo sexual harassment is when a person with authority over a student or employee explicitly or implicitly conditions a term or condition of the student or employee’s education or employment on the complainant’s participation in unwelcome sexual conduct. This includes instances where submission to or rejection of such sexual conduct by a complainant is used as the basis for educational or employment decisions affecting the complainant. In determining whether such harassment exists, it is immaterial whether the complainant resists and suffers the threatened harm or submits and thus avoids the threatened harm.
2. Hostile Environment
Unwelcome conduct on the basis of sex that creates a hostile environment. Unwelcome conduct may create a hostile environment when it is so severe or pervasive, and objectively offense as determined by a reasonable person that:
A. It substantially interferes with another’s ability to work, study, participate in, or benefit from the university’s programs or activities; or,
B. The conduct has the purpose or effect of unreasonably interfering with another individual’s work performance or creating an intimidating, hostile, or offensive working environment. This alternative only applies in the context of employment.
Solely for complaints that fall within the definition of a Title IX complaint, sexual harassment is defined as unwelcome conduct on the basis of sex that is determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies the complainant equal access to the university’s programs or activities.
Sexual Assault
Sexual assault is any sexual act directed against another person, without a person’s consent, including instances where a person is not capable of giving consent. Sexual assault includes:
1. Rape
Penetration, no matter how slight, of the vagina or anus, with any body part or object, without consent; or, oral penetration by a sex organ of another person without consent.
2. Fondling
Intentional contact with a person’s intimate body parts without the person’s consent. Intimate body parts are defined as but not limited to breasts, genitalia, thighs, and buttocks. Solely for complaints that fall within the definition of a Title IX complaint, fondling is defined as the touching of the intimate body parts of another person for the purpose of sexual gratification without the person’s consent.
3. Incest
Sexual intercourse between persons who are related to each other within the degree wherein marriage is prohibited by state law.
4. Statutory Rape
Sexual intercourse with a person who is under the age of consent as defined by state law.
Consent
Consent means actual words or conduct indicating freely given agreement to the sexual act. Consent cannot be inferred from silence, passivity, or lack of active resistance. There is no consent where there is a threat of force or violence or any other form of coercion or intimidation, physical or psychological abuse. Sexual activity is non-consensual if one of the involved parties is incapable of consent by reason of mental incapacity, drug/alcohol use, illness, unconsciousness, or physical condition. Sexual activity is non-consensual if any of the involved parties are incapable of providing consent due to but not limited to; use of force or threat of force, coercion, lack of clear words of actions, resistance (verbally or physically), deception, incapacitation, mental capability or age.
Incapacitation
An individual incapacitated due to alcohol or drugs is unable to provide consent. Incapacitated due to alcohol or drugs is not referring to someone simply under the influence of alcohol or drugs or "drunk." Incapacitated due to alcohol or drugs is referring to individuals that are in a state of intoxication where the individual cannot make rational, reasonable decisions because the person lacks the capacity to give knowing consent (to understand the "who, what, when, where, why, or how" of the sexual interaction). Therefore, if an individual is demonstrating signs or symptoms of incapacitation due to alcohol or drugs do not engage in sexual activity as the sexual activity will be considered non-consensual regardless of whether you believe you have consent. Examples of signs and symptoms of incapacitation due to alcohol or drugs are but not limited to; vomiting, swaying, slurred speech, incoherent, difficulty balancing, unusual behavior, passed out.
Coercion
Unreasonable pressure for sexual activity. When the individuals makes it clear to you that they do not want sex, that they want you 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.
Retaliation
Any intimidation, threat, coercion, or discrimination against a person for the purpose of interfering with a person’s rights under this policy or because a person has made a report, complaint, testified, assisted, or participated or refused to participate in an investigation, proceeding, or hearing under this policy. Such retaliatory acts will be treated as a separate violation of this chapter.
Interpersonal Violence
The term "interpersonal violence" refers to domestic violence, dating violence, and stalking.
1. Domestic Violence: a felony or misdemeanor crime of violence committed by: a current or former spouse or intimate partner of the complainant; a person with whom the complainant shares a child in common; a person who is cohabitating with or has cohabitated with the complainant as a spouse or intimate partner; adult persons related by blood or marriage; adult persons who are presently residing together or who have resided together in the past; and, persons who have a biological or legal parent-child relationship.
2. Dating Violence: a felony or misdemeanor crime of violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the complainant. In determining whether such a relationship exists, the following factors are considered: (a) the length of time the relationship has existed; (b) the type of relationship; and (c) the frequency of interaction between the parties involved in the relationship.
3. Stalking: engaging in a course of conduct directed at a specific person that would cause a reasonable person to (a) fear for their health and/or safety or the health/safety of others; or (b) suffer substantial emotional distress.
Title IX Complaint
EWU's policies and Student Conduct Code have different processes for formal "Title IX complaints." The term "Title IX complaint" refers to:
- A formal signed complaint filed by a complainant who is a current student, employee, applicant, or person participating or seeking to participate in a university program or activity, or by the Title IX Coordinator;
- Alleging sexual harassment, sexual assault, domestic violence, dating violence, or stalking as defined for Title IX purposes; and,
- That occurred on EWU premises, during a university program or activity within the United States, or at a building owned or controlled by a student organization that is officially recognized by the university.
Gender-Based Harassment
Harassment based on someone's sex, gender, sexual orientation, gender identity, or gender expression may constitute discrimination and/or sexual harassment. Gender-based harassment may include slurs, taunts, stereotypes, or name-calling, as well as gender-motivated physical threats, attacks, or other hateful conduct.
Sexual harassment, including sexual assault, can involve persons of the same or opposite sex, sexual orientation, or gender identity/expression. Comments do not have to be sexual in nature to constitute sexual harassment.
Discrimination
EWU employees are prohibited from discriminating against others on the basis of their protected status. Discrimination is defined as adverse treatment of another person on the basis of their protected status. EWU also prohibits both employees and students from engaging in discriminatory harassment. Discriminatory harassment is defined as conduct by any means directed at another person that is so severe or pervasive, and objectively offensive that it substantially interferes with another's ability to work, study, participate in, or benefit from the university's programs or activities, such that the person is effectively denied equal access to the university's resources and opportunities, on the basis of the individual's protected status.