Title IX of the Education Amendments of 1972 (“Title IX”), 20 U.S.C. Sec. 1681, et seq., and the Violence Against Women Reauthorization Act of 2013 prohibits discrimination on the basis of sex in any federally funded education program or activity. In compliance with this federal policy, Warner Pacific University does not discriminate on the basis of sex in its education programs and activities and has designated the following individuals as Title IX compliance officers:

Title IX Coordinator:

John Coules, Director of Human Resources
jcoules@189la.net, 503-517-1205

Title IX Officers:

Nancy Drummond, Associate Registrar and Director of Student Academic Planning
ndrummond@189la.net, 503-517-1339

Ed Gall, Associate Professor for Physical Science and Mathematics
egall@189la.net, 503-517-1315

All inquiries concerning the application of Title IX including inquires about the University’s sex discrimination, sexual harassment or sexual assault policies may be referred to the appropriate Title IX officer.

Named or confidential reports may also be filed via the campus’ online reporting form.

Title IX Training

In compliance with Title IX regulations, the following materials used for training the above personnel are available for public viewing:

Title IX Responsible Employee Training conducted by Grand River Solutions. Attended by Ed Gall.

Title IX Investigative Report Writing Training conducted by Grand River Solutions. Attended by Nancy Drummond.

Campus Resources

Confidential Resources:

Director of the University Counseling Center, 503-517-1119

The University Counseling Center staff

Title IX Officers (As listed above)

Residence Life Staff

Campus Safety: 503-250-1730

Community Resources

911

Portland Women’s Crisis Line

24-hour crisis line 503-235-5333

Sexual Assault Resource Center

24-hour crisis line 503-640-5311

sarcoregon.org

Multnomah County Crisis Line 503-988-4888

Rape Victim Advocates 503-988-3222

Portland Pregnancy Resource Center 503-256-0808, info@prcofportland.com and prcofportland.com

Online Educational Resources

Best Colleges – Preventing Sexual Assault

End Rape on Campus

Know Your IX

Resource Guide for Male Survivors of Abuse, Sexual Assault, and Trauma

Ride-Sharing Sexual Assault Safety Guide

Discriminatory Harassment and Misconduct Process

The following process is considered interim until final Board of Trustees review and approval in February 2021. Because of changes to Title IX regulations, the process outlined on this page supersedes any current process outlined in existing handbooks, including the Squire and the PGS Bulletin. Any questions may be directed to a member of the Title IX team as outlined above.

The Warner Pacific University student conduct processes exist to respond to alleged violations of the community agreement and/or campus policies by individuals or student organizations. Although not a formal court of law, each process provides students with rights that reflect the importance of due process in order to assure fundamental fairness in resolving allegations of behavioral misconduct. Students who are found responsible for violating a campus policy or standards may be required to complete a sanction. Sanctions are designed to both discourage further violations of campus policy and to instruct the student as to their role in the community. The preponderance of the evidence standard is applied throughout the conduct processes.

The applicable Campus Life Standards and policies will be those that were published at the time an alleged violation occurred even if a case is being processed after the Campus Life Standards and policies have been updated. The applicable procedures for resolution, appeal, and sanctioning will be those that are currently published at the time the process is occurring. Typically, once a student conduct process has started, the procedures published at that time will be used to the conclusion of the process even if the procedures are updated before the process is concluded.

Throughout these procedures, various University officials, such as the Dean of Students and Title IX Coordinator, are assigned responsibility for performing specific functions. Named officials are authorized to delegate responsibility to other appropriate University officials and non-university consultants, except where such delegation contravenes University policy. Additionally, named officials and their designees may consult with appropriate University officials, , University counsel and subject-matter experts.

Student Rights

Individuals making a complaint (“Complainant”) and individuals responding to a complaint (“Respondent”) each have rights throughout the complaint resolution and adjudication process, and may expect a fair, equitable and neutral process that will follow this policy.

Complainant and Respondent Rights

Be treated with respect by all University officials throughout this process;

Be informed of the available support resources or measures available;

Be free of any form of retaliation and free to report such retaliation;

Request a mutual no contact directive with the other party;

Be accompanied by an advisor throughout the process, including at any interviews or hearing;

An impartial and prompt investigation of the allegations conducted within a reasonable period of time after a formal complaint is filed;

Receive written notice of the date, time and location of any interview scheduled with themself and the Investigator;

Be informed of the status of the investigation, to the extent possible;

Meet with the Investigator and present information on their own behalf, identify witnesses or other third parties who might have relevant information and identify or provide relevant documents or other information that may be helpful to the investigation;

Question the selection of the Investigator or Decision-maker on the basis of an actual conflict of interest or demonstrated bias;

Be notified of the hearing outcome and any sanctions applied, if applicable;

Initiate and participate in an appeal process.

Procedural Requirements Specific to Discriminatory Harassment and Misconduct Processes

Right to review all evidence which is directly related to the allegations prior to the conclusion of the investigation;

Have past unrelated behavior excluded from the investigation process, in particular past sexual behavior;

Have a hearing Advisor of the University’s choosing provided, at no charge, for purposes of asking questions of the other party or witnesses during the live hearing proceeding;

Respecting Privacy

The University is committed to protecting the privacy of all individuals involved in the investigation and resolution of reports under this policy. With respect to any report under this policy, the University will make reasonable efforts to protect the privacy of participants, in accordance with applicable federal and state law, while balancing the need to gather information to take steps to eliminate Prohibited Conduct, prevent its recurrence, and remedy its effects. All University employees who are involved in the University’s response to misconduct receive specific instruction about respecting and safeguarding private information.

Retaliation

Retaliation is prohibited under this policy. Retaliation is defined as any materially adverse action against a person who reports, complains about, or who otherwise participates in good faith in any manner related to this policy. Materially adverse action includes conduct that threatens, coerces, harasses or in any other way seeks to discourage participation in or activity under this policy. Retaliation does not include good-faith actions lawfully pursued in response to a report of prohibited conduct. Any person who believes they have experienced retaliation under this policy should contact the Investigator, Conduct Officer, or Title IX Coordinator who forwards any complaint of retaliation to the appropriate office for handling.

Amnesty for Other Conduct Violations 

The welfare of students, staff and faculty is of paramount importance. Sometimes, students are hesitant to report to University officials or offer assistance to other students because they fear that they themselves may be charged with policy violations, such as underage drinking at the time of the incident or violation of safety protocols related to communicable diseases. However, it is in the best interest of our community for individuals to report allegations of misconduct.

In cases of physical assault, discriminatory harassment or sexual misconduct, the student coming forward with a complaint will not typically face campus conduct charges related to other violations, unless their conduct put other individuals at significant risk.

When a student experiences a physical or psychological crisis while under the influence of alcohol or other drugs, neither the student in crisis nor the student(s) calling for help will be subject to punitive disciplinary action. Educational measures to prevent future incidents may still apply.

For further information, please refer to the Non-Disciplinary and Communicable Disease policies below.

No Conflict of Interest or Bias

Any individual carrying out student conduct processes should be free from any actual conflict of interest or demonstrated bias that would impact the handling of the matter at issue.  Should the Conduct Officer or Title IX Coordinator have a potential conflict of interest, they will immediately notify a Deputy Coordinator, who will take the role of Acting Conduct Officer or Acting Title IX Coordinator for purposes of carrying out the handling and finalization of the matter at issue. Should any Investigator have a conflict of interest, the Investigator is to notify the Dean of Students or Title IX Coordinator upon discovery of the conflict.  Should a student believe that the Investigator, Conduct Officer or any other participant in the Student Conduct process has a conflict of interest or is potentially biased, the student may contact the Title IX Coordinator for more information.

Presumption of Non-Responsibility and of Good Faith Reporting

The decision to proceed with an investigation is not in and of itself a determination that the Respondent has engaged in the conduct as alleged. Any Respondent is presumed not responsible for the conduct that is the subject of the investigation, unless and until a decision of responsibility has been made upon the completion of the adjudication process. Reports are also presumed to have been made in good faith, unless and until it is demonstrated to be otherwise.

Requests for Delays, and Extensions of Time

The Conduct Officer or Title IX Coordinator may extend any deadlines within this Student Conduct Policy, for good cause. The Complainant and Respondent will be notified in writing of any extension, the reasons for it, and projected new timelines.

Prohibition on False Evidence or Statements

Students are expected to provide truthful information as part of the Student Conduct Process. Should any student knowingly provide false information as part of this process, this may be considered a violation of Campus Life Standards and the Community Agreement and will be referred to the appropriate office for further handling. This provision does not apply to reports made or information provided in good faith, even if the facts alleged in the report are not later substantiated or no policy violation is found to have occurred.

Failure to Comply

Students who refuse to make themselves available for investigations in a timely fashion or students who fail to complete assigned sanctions may be charged with “Failure to Comply.” Failing to participate in the Administrative Resolution or Conduct Committee Resolution process is a serious limitation to continued membership in the WPU community and could result in sanctions up to and including suspension or expulsion.

Complainants and Respondents in Discriminatory Harassment and Misconduct cases will not face charges for failure to comply if they choose not to participate in the Student Conduct Process. However, the investigation and adjudication process may move forward and will not have the benefit of any information that the students may have been able to offer.

Expectation of Advisors

All persons who are a Complainant or a Respondent are permitted to bring an Advisor of their own choosing to any meeting or interview to provide support. Complainants and Respondents are free to choose their own advisors. The advisor may be any person, including a family member or an attorney. The Advisor may accompany the student Party to any and all portions of the conduct process. The Advisor may not participate directly in, or interfere with, the proceedings, except as outlined in the Discriminatory Harassment and Misconduct Process section below. Although reasonable attempts will be made to schedule proceedings consistent with an Advisor’s availability, the process will not be delayed to schedule the proceedings at the convenience of the Advisor. Advisors are expected to comply with Rules of Decorum, which will be provided to Advisors, and the University has the discretion to remove the Advisor from the proceedings if the Advisor interferes with the proceedings or failure to comply with Rules of Decorum. For any Complainant or Respondent who does not have an advisor at the Discriminatory Harassment and Misconduct Process live hearing, one shall be provided, at no charge, for purposes of performing cross-examination of the other Party or witnesses.

Discriminatory Harassment and Misconduct Process (DHM)

Warner Pacific University seeks to provide students with an environment free from the negative effects of prohibited discrimination and harassment against any person because of age, sex, sexual orientation, gender identity, disability, race, color, national or ethnic origin, or any other status protected by applicable nondiscrimination law. This includes prohibiting sexual assault, and other forms of sexual violence such as dating and domestic violence and stalking. In recognition of this commitment, the University has established these procedures to implement the student conduct process as it relates to allegations of Discriminatory Harassment and Misconduct (DHM) consistent with the Campus Life Standards and Community Agreement. In cases where allegations are related to both Discriminatory Harassment and Misconduct and other forms of Prohibited Conduct under the University’s policies, these procedures may be utilized to resolve all potential violations associated with the alleged misconduct.

Making a Report or Filing a Complaint

View Title IX Policy & Process Decision Tree on Making a Report or Filing a Complaint

Students wanting to file a complaint of discriminatory harassment and/or misconduct should contact the Title IX Coordinator or one of the Deputy Title IX Coordinators. The Title IX Coordinator will coordinate the University’s response to reports of all discriminatory misconduct. This response includes:

Informing students of available supportive measures, including medical and emotional support options.

Assisting all parties involved in understanding their rights and responsibilities.

Developing remedial actions to facilitate support and safety for the students involved. Considerations include housing accommodations, no contact requirements, no trespass restrictions, and academic accommodations. In Title IX cases, remedial actions will be non-punitive of the respondent prior to a finding of responsibility.

Providing information to students about making reports to local law enforcement. Overseeing the Discriminatory Harassment and Misconduct Process and any appeal.

Outreach and Initial Assessment

Reports of alleged violations of this policy may be made by filing an Incident Report, or may be made directly to the Dean of Students or Title IX Coordinator, or other appropriate designee including Deputy Coordinators. In the process described below, the term Title IX Coordinator will refer to that individual or other appropriate designee.

Individuals may make a report at any time by using the form provided at 189la.net/student-report or by picking up a hard copy of the reporting form in the Student Life & Multicultural Center or with the Director of Human Resources. The form may be returned by dropping it off at the Title IX office, by email, or by mail.  Upon receipt of a report, the Title IX Coordinator or appropriate designee will reach out to the Complainant to conduct an intake interview (see below).

Please Note: Any reference to days within this policy shall be counted as University business days unless otherwise specified.

Intake Interview

Upon receipt of information alleging a potential violation of the DHM policy, or where due to the exercise of reasonable care the University has learned of a potential violation of the DHM policy, the Title IX Coordinator or designee shall reach out to the Complainant to schedule an intake or informational interview and provide a copy of this policy and the following information:

Availability of supportive measures with or without filing a Formal Complaint (see below);

How to file a Formal Complaint;

Right to notify law enforcement and the right not to notify law enforcement;

Importance of preserving evidence;

Resources for counseling, health care, mental health, victim advocacy, legal assistance, visa and immigration assistance, student financial aid and other available services; and,

Right to an advisor of choice.

The Title IX Coordinator or designee will discuss the Complainant’s rights and options, and will also assess, and provide, appropriate supportive measures, which are available with, or without, the filing of a Formal Complaint.  If a Formal Complaint has not already been filed, the Title IX Coordinator will explain to the Complainant the process for filing a Formal Complaint.

In the event the allegation involves potential criminal conduct including sexual assault, dating or domestic violence, or stalking, Complainants will also be provided with information about their right to file with law enforcement, their right to decline to do so, and, when applicable, information about seeking a personal protection order from the local courts.

Emergency Action/Removal Provisions

If at any time the University determines that the conduct, as alleged, poses a risk of physical harm to one or more members of the community or to the University’s educational environment, the University may instruct that a student Respondent be suspended or restricted, on an interim basis, from specific programs or activities.

Any such assessment will be made on a case-by-case basis, based on an individualized safety and risk analysis as determined by the Title IX Coordinator in consultation with appropriate University officials. If the University determines that an immediate physical threat to the health or safety of students​ or​ ​others justifies emergency actions including removal from campus, then a Respondent may be suspended or restricted on an interim basis. The decision to do so will be provided to Respondent in writing.

Opportunity to Respond:  An explanation of the reasons for the emergency action/removal will be provided to Respondent, and Respondent will have an opportunity to discuss the decision of restriction, suspension or removal.

For Student Respondents: Students should contact Dean of Students within three (3) business days of the emergency action/removal, who will explain the University’s process for challenging the emergency action/removal.

For Employee Respondents: Employees may contact the Director of Human Resources if they wish to discuss the emergency removal.

Administrative Leave: The University will have the authority to place any employee Respondent, including student employees, on an administrative leave of absence pending the outcome of an investigation and hearing.

The decision to place any Respondent on an interim suspension or administrative leave will not be considered as evidence that any determination has been made regarding potential responsibility for violating this policy.

Supportive Measures

Students who have experienced, witnessed or been accused of Discriminatory Harassment or Misconduct may be provided with individualized supportive measures, including but not limited to academic arrangements (