Title IX/Sexual Harassment and Discrimination Policies

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.

Complainant or Respondent.

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:

• Unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature; and
• Submission to or rejection of such conduct results in adverse educational or employment action; or
• Affects the terms or conditions of education or employment or activities with the University.

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.

For the purposes of this policy, days refers to Calendar Days meaning every day of the week regardless of weekends and holidays.