Frequently Asked Questions
Frequently Asked Questions About Title IX
Students, faculty, staff, contractors, volunteers, visitors and campers (under EWU programming control).
Whenever EWU policy says, when conduct occurred on any EWU property or EWU sponsored event, or off-campus if the conduct causes a discriminatory impact on campus.
The standard of proof is "preponderance of evidence" or more likely than not. Typically better than 50% (50.1%).
You have the right to; report your concerns (Law Enforcement, Title IX Coordinator / designee or both), to report anonymously, to file or not file a complaint, to participate in the investigative / complaint process, to a support person, to resources, to a copy of the EWU investigative report or materials used in the decision making process, to notification of the outcome of the complaint (if you decide to file a complaint). For additional questions regarding your rights as a student refer to the Student Care Team Manager or the Director of Student Rights and Responsibilities.
You have the right to; report your concerns (Law Enforcement, Title IX Coordinator / designee or both), to report anonymously, to file or not file a complaint, to participate in the investigative / complaint process, to a support person, to resources, to a copy of the EWU investigative report or materials used in the decision making process, to notification of the outcome of the complaint (if you decide to file a complaint).
You have the right to participate in the investigative / complaint process, to a support person, to resources, to a copy of the EWU investigative report or materials used in the decision making process, to notification of the allegations and outcome of the complaint. For additional questions regarding your rights as a student refer to the Student Care Team Manager or the Director of Student Rights and Responsibilities.
You have the right to participate in the investigative / complaint process, to a support person, to resources, to a copy of the EWU investigative report or materials used in the decision making process, to notification of the allegations and outcome of the complaint.
Any EWU employees is required to report Title IX complaints to the Title IX Coordinator within 24 hours. This includes EWU Police Officers or any non-confidential resource listed. Employees at CAPS are the only on campus EWU resource not required to report.
No contact directives (may become permanent at the conclusion of an investigation), housing modifications (assist with moving to different EWU housing), academic modifications (assistance with moving classrooms or making up work), workplace modifications (assistance with changing a work schedule), Safety planning with EWUPD, restricted access to certain areas on campus.
Information reported to the EWUPD will be shared with EWU's Title IX Coordinator and the student conduct process (if student involved) because EWUPD employees are required to report all Title IX incidents. Information reported to any other law enforcement agency (Cheney PD, Spokane PD, Sheriffs) will be used if the law enforcement agency agrees to share the information with EWU.
The Department of Education's Office for Civil Rights (OCR), is designated as an external reporting agency for the educational community and complaints related to Title IX or other forms of discrimination. However, you may also report to the Equal Employment Opportunity Commission, and the Washington State Human Rights Commission.
Simply being under the influence of alcohol or drugs does not mean you were unable to provide consent. However, if you were "incapacitated" due to alcohol / drugs you would not have been able to give consent. Incapacitation is an extreme level of intoxication where due to the level of intoxication you are unable to provide consent. Please refer to the definitions section for a complete definition of incapacitation.
Frequently Asked Questions About University Support
By reporting the incident to the university, we can connect you to a number of support options available on campus including help with academic problems, class schedules, financial aid, housing arrangements, transportation, and assistance in receiving health and counseling services. You are NOT required to provide additional information about the incident or participate in a university investigation in order to receive services. Our primary goal is to help, and we will always respect your decision to share, or not share, any aspect of your situation with us.
If you report information to a counselor in Counseling and Psychological Services (CAPS), that employee does not have an obligation to report the information to the Title IX Coordinator. To provide accommodation(s) requested by an involved party, confidential employees may need to share limited information with those involved with implementing the accommodation(s).
When a required reporter receives information about an incident, the employee is required to share that information with the Title IX or Deputy Title IX Coordinator and the university has a responsibility to investigate based on the information provided and take action to prevent its reoccurrence. All university employees, except those working at CAPS, are required reporters - this includes student employees.
If the person who subjected you to sexual misconduct is not affiliated with Eastern Washington University, the university’s response to the report of an incident will be focused primarily on providing services and accommodations to the Complainant and addressing any potential safety issues on campus.
Yes. You have several options for keeping this person from contacting you. A “no-contact directive” may be issued, which instructs this person that they can no longer have any form of contact with you. If they choose to violate this letter, they may face sanctions through the university’s conduct system.
In addition, you can receive help from the court. Even without a formal report to law enforcement, you may file for a “no contact order” that can provide a higher level of protection. Obtaining these orders from the court is free, and someone can be assigned to help explain the process and connect you with a legal advocate if you would like that support.
Depends. As a university, we attempt to keep investigations as confidential as possible. Confidentiality depends on the involved parties interviewed and are encouraged not to discuss the matter except with an investigator, counselor or other resource. We can not prevent individuals from discussing the matter with others although it may affect the credibility of the involved parties if they choose to discuss the incident with others.
Cases involving employees are investigated by the Title IX Coordinator but the decision as to whether a violation of policy occurred is made by the department supervisor in consultation with the Labor Relations Manager. Therefore, at the conclusion of the investigation the investigative findings will be shared with the involved parties supervisor and the Labor Relations Manager.
Cases involving students may require notification to certain entities on campus such as but not limited to; Dean of Students, Director of Student Rights and Responsibilities, Manager of Student Support and Advocacy and Title IX Coordinator. Students 18 years or older are protected by FERPA which means that EWU cannot disclose information about your report to your family or friends without your written consent unless there is an exception listed in FERPA. For further details of your rights as a student under FERPA, please visit: FERPA (Family Educational Rights and Privacy Act of 1974)
- It should be noted in the state of Washington all investigations are subject to public records request. Should a public records request be made involving an investigation only students' names will be redacted in compliance with FERPA.
Housing modifications involve moving an individual from an EWU owned property to another EWU property. EWU does not have the authority to move you from a private residence off campus. Housing modifications are done on a case by case basis. Meaning not all incidents will result in moving. However, if the living situation is creating a hostile environment, every effort will be made to assist with moving you to a similar housing situation on campus. Students should contact the Student Care Team Manager or the Title IX Coordinator for assistance.
You have a right to request an academic / workplace modification. Students - Academic modifications can involve changing classrooms, instructors, assistance with making up a missed class or schedule changes. Academic modifications are made on a case by case basis. Students in need of academic modifications should contact the Student Care Team Manager. Employees - Workplace modification can involve changing your work schedule and working environment. Employees in need of a workplace modification should notify the Title IX Coordinator.
Yes. You are NOT required to provide additional information about the incident or participate in a university investigation in order to receive services. You would be required to provide minimal information as to what type of conduct occurred so that a brief incident report can document your report. However, you will not be required to provide the complete details if you choose not to.
If the person is not affiliated with Eastern Washington University, the university’s response to the report of an incident will primarily be on providing services to the Complainant. In rare circumstances, if we become aware that a community member poses a larger threat to the university community, we may pursue additional measures to ensure safety. If the Respondent attends another university, the Title IX Coordinator can assist you with filing a complaint with the Respondent's university.
If you are over the age of 18 you have the right to choose if you want to participate in a criminal case. The university is required under the Clery Act and EWU policy to report potential crimes to the EWUPD. However, you will not be required to press criminal charges or speak with law enforcement if you don't want to. You will not be forced to cooperate with any criminal investigation.
Yes. This option allows you to report information about the incident without identifying yourself. Based solely on an anonymous report, however, neither the university nor the EWU Police Department may be able to pursue action against the person if the report does not contain any identifiable information. The report can help provide very vital information that can be used to identify patterns of behavior(s). If you choose to pursue action against this person you have the option to report the incident to the university or law enforcement at a later date.
If you choose to report anonymously, we want to ensure that you are safe in your situation. It is your right to report the incident anonymously to the university or law enforcement if you do not want the incident to be investigated. However, it is important for you to know that all employees of the university are required reporters. Required reporters are required to report to the administration any information they receive about sexual misconduct. Once the university receives this information, they are federally mandated to provide services to the Complainant and look into the incident reported.
Yes, Counseling and Psychological Services (CAPS) is a confidential resource on campus for students where you can receive help and support without the university being informed of the incident. They are a great resource to use if you know you would not like to report the incident or if you would like to talk over the options with a trained professional. Employee Assistance Program (EAP) is a confidential resource off campus for employees. Refer to the additional confidential resources listed under the services tab.
Frequently Asked Questions About Law Enforcement’s Response
If you want to report to law enforcement, an officer will come and meet with you and take a report. Based on your wishes, they may start an investigation that could include talking with any witnesses. The police officers can also help plan for your safety and filing a report can help document the situation that can later be used if you decide to press charges. If you report with the EWUPD, they will notify and share your report with the Title IX Coordinator and administrators at EWU involved with the student conduct process.
Reporting to law enforcement may initiate an investigation, arrest, and prosecution of the Respondent.
Yes. Even without a formal report to a police officer, you may file for a “no contact order” that can provide a higher level of protection. Obtaining these orders from the court is free, and we can help explain the process and connect you with a legal advocate.
It depends. If you report to the Eastern Washington University Police Department, the university will be informed of the incident, and we will reach out to you to provide resources. If you report to the Cheney Police department or another regional jurisdiction, the university may or may not be notified about the incident.
Your statement will not voluntarily be provided to the police. EWU will only provide the statement to the police if EWU received a judicial order requiring us or you signed a FERPA release.