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Sexual Misconduct Reporting Procedures

APU has developed both an informal and formal complaint and resolution procedure to respond to sex discrimination. The use of the informal complaint and resolution procedure is optional.

In instances where parties involved do not wish to engage in the informal procedure, where informal resolution is not appropriate, or in situations where attempts at the informal procedure are unsuccessful, the formal procedure may be followed.

APU shall take reasonable steps to prevent the recurrence of sex discrimination in any form. If such reoccurrence takes place, those responsible for such behavior may be subject to actions under the Standard of Student Conduct. For examples of the range of potential actions and sanctions see the Student Standards of Conduct (link).

APU will take all necessary steps to remedy the discriminatory effects on the complainant(s) and others. Examples of such remedies may include: order of no contact, residence hall relocation, adjustment of schedule, etc. These remedies may be applied to one, both, or multiple parties involved.

For reports of violations of this policy, wherein the complaint involves Students, the University will address the issue through the judicial process, as outlined in the Student Standards of Conduct disciplinary process (link).

Immunity for Victims

The University community encourages the reporting of sex discrimination and Code of Conduct violations. Sometimes, victims are hesitant to report to University officials because they fear that they themselves may be charged with policy violations, such as underage drinking at the time of the incident. It is in the best interest of this community that as many victims as possible choose to report to University officials. To encourage reporting, the University pursues a policy of offering victims of sex discrimination and sexual misconduct limited immunity from being charged with policy violations related to the particular incident. While violations to policy cannot be completely overlooked, the University will provide educational options rather than punishment, in such cases.

Confidentiality

Those who have disclose sex misconduct should know that University employees (Residence Directors, Campus Safety Officers, staff members, etc.), excluding University Counseling Center staff, Student Health Center staff, and Campus Pastors who maybe bound by confidentially standards, will report sexual conduct to the Title IX Coordinator, Title IX Deputy Coordinator(s), designee or the Department of Campus Safety.

All inquiries, complaints, and investigations are treated with discretion. Identity of the complainant may be revealed to the respondent(s) of such conduct.

Prohibition Against Retaliation

All persons are absolutely prohibited from taking any action against any other member of the University community, including but not limited to, the complainant, respondent, or witnesses to an alleged incident of sexual harassment or sexual misconduct. Any person engaging in any retaliatory action(s) will be subject to a separate complaint under the Student Standards of Conduct and this policy and appropriate sanctions for determined violations up to and including dismissal from the University.

Definition of an Effective Consent

Consent may be given by words or actions unmistakable in meaning. In order to be effective, consent cannot be procured by use of physical force, compelling threats, intimidating behavior, or coercion. Coercive behavior differs from seductive behavior based on the type of pressure someone uses to get consent from another. When someone makes clear to you that they do not want sex, that they want to stop, or that they do not want to go past a certain point of sexual interaction, continued pressure beyond that point can be coercive. In order to give effective consent, one must be of legal age.

If you have sexual activity with someone you know to be or should know to be mentally or physically incapacitated (alcohol or other drug use, unconsciousness, or blackout), you are in violation of this policy and may be in violation of the law. Any time sexual activity takes place between individuals, those individuals must be capable of controlling their physical actions and be capable of making rational, reasonable decisions about their sexual behavior.

This policy also covers someone whose incapacity results from mental disability, sleep, involuntary physical restraint, or from the taking of a so-called “date-rape” drug. Possession, use, and/or distribution of any of these substances, including Rohypnol, Ketomine, GHB, Burundanga, etc., is prohibited, and administering one of these drugs to another student for the purpose of inducing incapacity is a violation of this policy. Use of alcohol or other drugs will never function to excuse behavior that violates this policy.

Use of alcohol or drugs will never function to excuse behavior that violates this policy.

Prohibited Sexual Misconduct Policies Stated in the Student Standards of Conduct

11.0 Sexual Misconduct: Sexual misconduct offenses include, but are not limited to: inappropriate sexual behavior, sexual harassment, nonconsensual sexual intercourse (or attempts to commit same), nonconsensual sexual contact (or attempts to commit same), and sexual exploitation.

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.

11.3 Sexual Misconduct While Under the Influence of Alcohol or Any Other Controlled Substance: Student will be subject to the disciplinary process if there is a reasonable belief that he/she knew or should have known that others involved were under the influence of alcohol or any other controlled substance at the time that the violation occurred.

11.4 Nonconsensual Sexual Contact: Nonconsensual sexual contact is: any intentional sexual touching, however slight, with any object, by a man or a woman upon a man or a woman, without effective consent.

11.5 Nonconsensual Sexual Intercourse: Nonconsensual sexual intercourse is: any sexual intercourse (anal, oral, or vaginal), however slight, with any object, by a man or woman upon a man or a woman, without effective consent.

11.6 Sexual Exploitation: Sexual exploitation occurs when a student takes or attempts to take nonconsensual or abusive sexual advantage of another for his/her own advantage or benefit, or to the benefit or advantage of anyone other than the one being exploited, and that behavior does not otherwise constitute one of other sexual misconduct offenses.

4.1 Domestic and Dating Violence: Violence against a spouse, former spouse, or an individual who has had a dating or engagement relationship is strictly prohibited.

See list of definition related to the Violence Against Women’s Act (VAWA) 1994 in the References section below.

4.2 Threatening or Endangering Physical or Emotional Well-being: The university will not tolerate expressed or implied threats against others. Any conduct that threatens or endangers the health, physical or emotional well being of a community member, including oneself, either on or off campus, is not acceptable. This may also include any conduct violation motivated by bias, prejudice, or insensitivity toward personal characteristics. Where bias or prejudice is involved, it may result in significantly more serious sanctions, including possible suspension or expulsion.

4.3 Stalking: Stalking is harassing or threatening another person to the point where that individual fears for his/her safety or the safety of his/her family. Stalking can occur in various forms including, but not limited to, in person and via electronic means (cyberstalking/cyberbullying) is strictly prohibited.

See list of definition related to the Violence Against Women’s Act (VAWA) 1994 in the References section.

Confidential Support

Confidential Support System: This process can provide confidential one-on-one support. The confidential support system provides students an opportunity to make decisions about filing or defending a formal complaint in the university’s judicial system, seeking personal counseling, and finding community resources to assist in dealing with the issue. The following offices provide confidential services to our students:

  1. Office of Campus Pastors
  2. Student Health Center
  3. University Counseling Center

Reporting Procedures

Students are encouraged to report all incidents of rape and/or sexual assault. It is strongly advised that any student who is raped or sexually assaulted have a medical examination, even if they think that no physical injury has occurred or they do not wish to file formal charges of any kind. They may be in shock, have internal injuries, or have been exposed to an STD, etc. Treatment for injuries and STDs should be done quickly, and even more critically, physical evidence of a sexual assault or rape should be collected at the hospital within 72 hours of the assault. After that time, physical evidence can no longer be preserved.

Formal Criminal Complaint

Formal University Complaint

When the accused is an APU student, the complainant is encouraged to pursue a university complaint. The complainant need not be a student if they are harmed on APU property by a student. A university complaint can be used to establish violations of the Student Standards of Conduct, but not whether a criminal act has been committed. When an individual believes that a crime has been committed, it is recommended that charges be filed with the local criminal justice system. Although there is no time limit on the filing of campus complaints as long as the offender is still a member of the APU community, prompt reporting is likely to result in a more satisfactory investigation because memories are fresh and witnesses are more readily available.

All complaints of non-consensual sexual contact or non-consensual sexual intercourse or sexual exploitation should be immediately reported to the following authorized sexual misconduct intake personnel. All complaints made after business hours should be reported to the Department of Campus Safety immediately. The following people are trained professional staff members who provide the campus with services for victims of sexual assault. The terms “sexual misconduct”, “non-consensual sexual intercourse”, and “non-consensual sexual contact” are defined in the Sexual Misconduct Policy set forth in the Student Standard Conduct Code.

The authorized Sexual Assault Response Team (SART) is made up of four components and members include:

The Department of Campus Safety will serve as an office to address any immediate safety concerns.

Once a formal complaint is filed, if the respondent admits the violation, the complaint goes to a hearing to determine a sanction. For a complete outline of the hearing process, see Student Standards of Conduct overview.

Although APU encourages reporting of rape and sexual assault, it is ultimately the student’s decision whether to file a criminal and/or university complaint unless the student is a minor. If the student is a minor, the university is required to report the matter to a law enforcement agency. Confidential counseling services are made available through the University Counseling Center at (626) 815-2109. The Office of Campus Pastors and the Student Health Center are also available to provide advice on a confidential basis.

Other useful offices that will assist you:

Other resources:

With respect to the university’s conduct process, APU reserves the right to take whatever measures it deems necessary in response to an allegation of sexual misconduct 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. Not all forms of sexual misconduct will be deemed to be equally serious offenses, and the university reserves the right to impose differing sanctions, ranging from oral warning to expulsion, depending on the severity of the offense. The university will consider the concerns and rights of both the complainant and the respondent of sexual misconduct. In appropriate circumstances, a warning may be issued to the campus community, though any such notification would not jeopardize the confidentiality of the victim.

Sanctions

In the event of rape or sexual assault, sanctions may include discretionary sanctions, residence hall sanctions, probation, suspension, or expulsion from the university for the responsible party, and the complainant and responsible party involved will be notified. A party found not responsible for a policy violation will not be subject to sanction. Every effort will be made to keep the identities of all parties involved in the offense confidential, although if the offense occurred on campus, the university has an obligation to inform the university community that rape or sexual assault has taken place.

Sanction Statement

Appeal Process

This process applies to an appeal of sanctions received from a violation of sexual misconduct policy only. For appeal of sanctions received from a violation of other university policies, refer to the Student Standards of Conduct. Both the accuser and the accused may participate in the appeal process in accountability procedures.

Students wishing to appeal the disciplinary process must do so, in writing, to the Associate Vice President for Student Life/Chief Judicial Officer or his/her designee. Students will have only one opportunity to appeal. All appeal meetings are closed and the proceeding may be kept confidential at the discretion of the university. Appeal meetings may be recorded by the discretion of the university without the consent of the student.

The appeal shall consist of one or more of the following exclusive grounds for appeal:

Guidelines for the letter of appeal:

  1. Students must submit a written appeal to the supervisor of the judicial officer or designee within three school days of the date of the written decision. Written appeal must reflect the guidelines as listed in the following point.
  2. The petition must include:
    1. Names of the parties involved
    2. Clear statement of the nature of the appeal (must consist of one or more of the following exclusive grounds):
      • New information
      • Excessive sanctions
      • Procedural irregularity
  3. A narrative of the incident including:
    • Why it occurred
    • How it occurred
    • Where it occurred
    • Who was present
    • The information on which the appeal is based
  4. The desired outcome

The Associate Vice President for Student Life/Chief Judicial Officer, in response to the written appeal and upon review of all information and testimony presented, will defer any appeal requests to the Student Conduct Review Committee. If practical, the Student Conduct Review Committee shall consist of two faculty members, two staff members, and two students (each selected by the Associate Vice President for Student Life/Chief Judicial Officer or designee).

The following process is such that after review of information, interview of witnesses, and deliberation, the committee will make a recommendation to the Associate Vice President for Student Life/Chief Judicial Officer or his/her designee whose decision is final. In the case of a tie or deadlock, the chair will not vote and the decision will be notified to the Associate Vice President for Student Life/Chief Judicial Officer. There must be a minimum of five members present to constitute a quorum (including the chair). If the student behavior resulting in the disciplinary process involved violent or dangerous behavior, the committee shall be required to consider the safety of the APU community in its deliberations and recommendation, and any sanction imposed on the student shall not be stayed pending the appeal.

After a decision has been reached, both students will be notified in writing by the Associate Vice President for Student Life/Chief Judicial Officer or his/her designee. Decisions made in the appeal process are final and may not be addressed through the “Grievance Process.”

Notification of Outcomes

The outcome of a Title IX investigation involving Students is part of the education record of the Student parties involved, and is protected from release under FERPA. However, the University observes the legal exceptions that allow for notification of the parties involved and others whom the University determines to inform based on the law and this policy.

Students who bring any sort of sex discrimination complaint against Faculty or staff may be informed of the outcome of the investigation and the resolution.

The University may release publicly the name, nature of the violation and the sanction for any student who is found in violation of a University policy that is a violent crime including: arson, burglary, robbery, criminal homicide, sex offenses, assault, and kidnapping/abduction. The University will release this information to the complainant in any of these offenses regardless of the outcome. The university will disclose to the alleged victim of any crime of violence (as that term is defined in section 16 of title 18, United States Code) or a nonforcible sex offense, the report on the results of any disciplinary proceeding conducted by the university against a student who is the alleged perpetrator of such crime or offense with respect to such crime or offense. If the alleged victim of such crime or offense is deceased as a result of such crime or offense, the next of kin of such victim shall be treated as the alleged victim for purposes of this paragraph.

Time Limitations

APU may also extend its jurisdiction to misconduct that occurs prior to, but is not reported until after the graduation of the offender, as long as the misconduct is reported within six months of its occurrence. Otherwise, there is no time limit on reporting of violations of the Student Standards of Conduct, as long as the offending student is still enrolled at APU. However, the longer someone waits to report an offense, the harder it becomes for APU to obtain information and witness statements, and to make a determination regarding alleged violations.