Title IX

Reaching out to the Title IX Coordinator as soon as possible is the best way to promote a victims’ safety, privacy, and agency.

If students or employees have experienced, witnessed, or learned of sexual harassment, sexual discrimination, sexual misconduct, gender-based violence, or a related incident, the Title IX Coordinator is here to provide guidance and support.

The Title IX Coordinator empowers Complainants with efficient, well-informed, and confidential guidance. If a Complainant requests confidentiality or asks that the complaint not be pursued, the University will take all reasonable steps to investigate and respond to the complaint consistent with their request, while fulfilling its obligation to provide a safe and nondiscriminatory environment.

NOTE: The Restorative Justice and Title IX Office is not a confidential reporting source. Communications regarding incidents constitute a report to the university and will be acted upon, in accordance with Title IX and Board Policy 3.5. Please see the Law and Policy section for more information on these policies.

You can reach the Title IX Coordinator by email at tixadministrator@western.edu or by telephone at (650) 383-4753 x137.

An individual who is alleged to be the victim of conduct that could constitute sexual misconduct and/or sexual harassment.

A document filed by a Complainant or signed by the Title IX Coordinator alleging sexual misconduct and/or sexual harassment against a Respondent and requesting that Western investigate the allegation of sexual misconduct and/or sexual harassment.

An employee who has the obligation to report alleged sexual misconduct and/or sexual harassment and alleged retaliation to the Title IX Coordinator.

A report submitted by a Reporter or Complainant regarding an alleged incident that they experienced, witnessed, or were informed of after the fact. Incident reports alert the Title IX Coordinator that there is a potential incident which should be investigated and prompt the Title IX Coordinator to reach out to involved parties to provide support. Incident reports do not constitute a formal complaint.

An individual who has been reported to be the perpetrator of conduct that could constitute sexual misconduct.

Intimidation, threats, coercion or discrimination against any individual for the purpose of interfering with any right or privilege secured by the Sexual Misconduct Prohibition policy and Title IX or its implementing regulation, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under this policy. Such retaliation shall be dealt with as a separate instance of sexual misconduct.

Sexual Harassment as defined in the Policy Prohibiting Sexual Harassment, Section 3.5 of the Board of Trustees Policy Manual, whether or not the misconduct falls within the scope of that policy:

• Conduct committed by a student that, if committed by an employee, would constitute Quid Pro Quo under the Policy Prohibiting Sexual Harassment, Section 3.5 of the Board of Trustees Policy Manual, whether or not the misconduct falls within the scope of that police;
• Conduct that is severe, pervasive or objectively offensive
• Sexual Exploitation, defined as actual or attempted abuse of a position of vulnerability, power differential, or trust, for sexual purposes, including but not limited to, profiting monetarily, socially or politically from the sexual exploitation of another

When there are:

• Refers to physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent. A number of different acts fall into the category of sexual assault, including, without limitation, rape, statutory rape, sexual violence, domestic violence, incest, sexual batter and sexual coercion. All such acts of sexual assault are forms of sexual misconduct covered under the Sexual Misconduct Prohibition Policy including, without limitation:
• Non-consensual sexual contact, including sexual touching, groping and fondling
• Non-consensual sexual intercourse, including vaginal, anal, and/or oral penetration by a body part of by an object.

Includes felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the State of Colorado, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction.

Violence by a person who has been in a romantic or intimate relationship with the Complainant. Whether there was such a relationship will be gauged by its length, type and frequency of interaction.

Course of conduct directed at a specific person that would cause a reasonable person to fear for their safety, or to suffer substantial emotional distress. Stalking may take the form of, but is not limited to, harassing telephone calls, electronic communications and/or letter-writing.

Affirmative, knowing and voluntary words or actions that create a mutually understandable and clear agreement to engage in sexual activity. It is the responsibility of each person involved in the sexual activity to ensure that they have affirmative consent of the other or others to engage in the sexual activity. Silence, lack of protest, or resistance, by themselves cannot be interpreted as consent. Consent must be ongoing throughout a sexual activity and can be revoked at any time. The existence of a dating relationship between the persons involved, or the fact of past sexual relations between them, by itself cannot be interpreted as consent. Consent is not effectively given if force, threats, intimidation or coercion were involved, or if a person is incapable of giving consent due to use of drugs or alcohol, or due to intellectual or other disability.