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Sexual Harassment Reporting Procedures

It is important that Azusa Pacific University provide an environment free from implicit and explicit coercive sexual behavior used to control, influence, or adversely affect the well-being of any member of the University community. Sexual harassment is inappropriate and unacceptable and is grounds for judicial action. It also may constitute violation of state and/or federal law.

The Office of Civil Rights of the U.S. Department of Education defines sexual harassment under Title IX of the Education Amendments of 1972 as consisting of “verbal or physical conduct of a sexual nature, imposed on the basis of sex, by an employee or agent of a recipient that denies, limits, provides different, or conditions the provisions of aid, benefits, services, or treatment protected under Title IX.” While sexual harassment most often takes place in situations involving a power differential between persons, Azusa Pacific University also recognizes that sexual harassment may occur between persons of the same University status. Azusa Pacific University will not tolerate behavior between or among members of the campus community that creates an unacceptable work, educational, or living environment.

Any person who has a complaint regarding sexual harassment should contact the Title IX Coordinator.
The sexual harassment policy is stated in the Student Standards of Conduct as: 11.2 Sexual Harassment: The university is committed to fostering a positive learning, working, and living environment. Members of this community condemn sexual harassment of any kind by any employee or student. All complaints of sexual harassment will be investigated by the university and appropriate corrective action, including disciplinary measures, taken when warranted.

Definition of Sexual Harassment:

Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when one (1) or more of the following criteria are met:

Sexual harassment encompasses any attention (because of one’s sex) that is unwanted and can take many forms. Some examples of behavior or conduct that may constitute sexual harassment include, but are not limited to, the following:

Sexual Harassment Reporting Procedure

Anybody who sees sexual harassment occur should report it; the individual need not be the victim of the harassment. All complaints of sexual harassment will be investigated by the university and appropriate corrective action, including disciplinary measures, taken when warranted. All students are responsible for maintaining an appropriate environment for study and work. This includes taking appropriate corrective action to prevent and eliminate harassment. Sexual harassment includes conduct that is criminal in nature, such as rape, sexual assault, dating violence, and sexually motivated stalking. Even if the university reports possible criminal conduct to the police, the university will still conduct an investigation to determine what happened and take appropriate steps to resolve the situation. Student on student sexual misconduct incidents will be initiated and adjudicated in the context of an alleged Student Standards of Conduct violation. (link to judicial site) Sexual harassment involving a any non-student as a respondent in the University community is handled under the Title IX process through the Office of Human Resources.

Whether the alleged conduct constitutes sexual harassment depends upon the record as a whole and the totality of the circumstances, such as the nature of sexual advances in the context within which the alleged incident occurred.

A student has the legal right at any time to raise the issue of sexual harassment without fear of reprisal or retaliation. Any student who feels that s/he has been sexually harassed should immediately bring the matter to the attention of the appropriate university official listed below by providing written documentation of the facts of the incident(s) and the name(s) of the individual(s) involved.

Confidential Support System

If a student does not desire to see the university respond to their concern but desire to seek the support they need, they should contact one of the following offices for confidential counseling and support:

Once a formal complaint is filed, it goes to an information gathering and hearing process to determine the appropriate response. For a complete outline of the disciplinary process, see the Campus Policies Overview section.

With respect to the university’s disciplinary process, APU reserves the right to take whatever measures it deems necessary in order to protect students’rights and personal safety. Such measures include, but are not limited to, modification of living arrangements, summary removal of an accused student from campus pending a hearing, and reporting to the local police. The university will consider the concerns and rights of both the complainant and the person accused of misconduct.

Sanctions

The university will seek through the process to achieve both education for those involved and reconciliation of the parties impacted. In these matters, the university response may include educational sanctions, residence hall sanctions, probation, suspension, or expulsion from the university for the responsible party. A party found not responsible for a policy violation will not be subject to sanction. As long as it does not interfere with the process, effort will be made to keep the identities of all parties involved confidential.