Sexual Misconduct Policy

TITLE IX ADMINISTRATOR / DEPUTY COORDINATORS

The Shepherd University’s Title IX Administrator oversees compliance with all aspects of the Sexual Misconduct Policy. The Administrator reports directly to the Vice President for Business Affairs and Vice President for Academic Affairs. Questions about this policy should be directed to the Title IX Administrator.

Anyone wishing to make a report relating to discrimination or harassment may do so by reporting the concern to

the Shepherd University’s Title IX administrator or one of the Deputy Coordinators listed in this policy:
Shinhyae Hong, Director of Human Resources; Title IX Administrator; Clery Act Administrator
Office of Human Resources: 3200 N. San Fernando Rd., Los Angeles, CA 90065 Phone: (323) 550-8888 (ext. 8003)
Email: TitleIXAdministrator@shepherduniversity.edu
Depending on the reporting party’s affiliation with the university, a specific Title IX Deputy will be assigned to oversee the investigation.

Title IX Deputy Coordinators for undergraduate and graduate student (or applicant) reporting party:
Byungrin Han, Dean of Student Affairs
3200 N. San Fernando Rd., Los Angeles, CA 90065 Suite
Phone: (323) 550-8888 (ext. 8116)
Email: byunghan@shepherduniversity.edu

Title IX Deputy Coordinator for The Master’s College and Seminary faculty, administration and staff:
Shinhyae Hong, Director of Human Resources; Title IX Administrator; Clery Act Administrator
Office of Human Resources: 3200 N. San Fernando Rd., Los Angeles, CA 90065 Phone: (323) 550-8888 (ext. 8003)
Email: TitleIXAdministrator@shepherduniversity.edu

Anonymous reports can be made by reporting parties and/or third parties by emailing: TitleIXAdministrator@shepherduniversity.edu. Note that anonymous reports may prompt a need for the institution to conduct an inquiry.

Individuals experiencing harassment or discrimination also always have the right to file a formal grievance with government authorities:
San Francisco Office Office for Civil Rights U.S. Department of Education 50 Beale Street, Suite 7200 San Francisco, CA 94105-1813 Telephone: (415) 486-5555 Email: ocr.sanfrancisco@ed.gov

OVERVIEW OF POLICY EXPECTATIONS WITH RESPECT TO PHYSICAL SEXUAL MISCONDUCT

As previously stated, consensual sexual activity is in violation of our doctrinal commitments and standards of student conduct; however, for the purposes of this policy a description of Consent is provided.
Consent is sexual permission. Consent can be given by word or action, but nonverbal consent is not as clear as talking about what you want and what you don’t want sexually. Consent to some form of sexual activity cannot be automatically taken as consent to any other form of sexual activity. Previous consent does not imply consent to sexual activity in the future. Silence or passivity—without actions demonstrating permission—cannot be assumed to show consent. Consent, once given, can be withdrawn at any time. There must be a clear indication that consent is being withdrawn. Additional guidance from the State of California is provided within the California Crime Definitions section of this policy on “Consent.”
Additionally, there is a difference between seduction and coercion. Coercing someone into sexual activity violates this policy in the same way as physically forcing someone into sex. Coercion happens when someone is pressured unreasonably for sex.
Because alcohol or other drug use can call into question the capacity to consent, sober sex is less likely to raise such questions. When alcohol or other drugs are being used, a person will be considered unable to give valid consent if they cannot fully understand the details of a sexual interaction (who, what, when, where, why, or how) because they lack the capacity to reasonably comprehend the situation. Individuals who consent to sex must be able to understand what they are doing. Under this policy, “no” always means “no,” and “yes” may not always mean “yes.” Anything but a clear, knowing and voluntary consent to any sexual activity is equivalent to a “no.”

OVERVIEW OF POLICY EXPECTATIONS WITH RESPECT TO CONSENSUAL RELATIONSHIPS

There are inherent risks in any romantic or sexual relationship between individuals in unequal positions (such as teacher and student or supervisor and employee). These relationships may be less consensual than perceived by the individual whose position confers power. The relationship also may be viewed in different ways by each of the parties, particularly in retrospect.
Consensual romantic or sexual relationships in which one party maintains a direct supervisory or evaluative role over the other party are unethical. Therefore, persons with direct supervisory or evaluative responsibilities who are involved in such relationships must bring those relationships to the timely attention of their supervisor, which will likely result in removing the employee from the supervisory or evaluative responsibilities, or shifting the student out of supervision or evaluation by someone with whom they have established a consensual relationship. This includes Resident Advisors (RAs) and students over whom they have direct responsibility. While no relationships are prohibited by this policy, failure to selfreport such relationships to a supervisor as required can result in disciplinary action for an employee as specified in the employee handbook.

FEDERAL COMPLIANCE OBLIGATIONS

The Shepherd University is required to operate in compliance with applicable federal and state nondiscrimination laws and regulations in conducting its programs and activities and in its employment decisions. Such laws and regulations include, but are not limited to:
1. Title VI of the Civil Rights Act of 1964, which prohibits discrimination based on race, color and 67 national origin in the programs and activities of the College. This policy of non-discrimination also complies with the Internal Revenue Service Revenue Ruling 71-447 required to maintain the College’s tax-exempt status.
2. Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on sex, race, religion, color or national origin.
3. Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination on the basis of disability in the recruitment and admission of students, the recruitment and employment of faculty and staff, and the operation of its programs and activities.
4. The Americans with Disabilities Act of 1990 (Public Law 101-336), the purpose of which is to afford the disabled equal opportunity and full participation in life activities and to prohibit
discrimination based on disability in employment, public service, public accommodations, telecommunications and transportation.
5. The Age Discrimination Act of 1975, which prohibits age-based discrimination against persons of all ages in programs and activities of the College.
6. The Age Discrimination in Employment Act of 1967, which prohibits discrimination against persons aged 40 and over regarding employment decisions.
7. The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (20 USC § 1092(f)), which requires colleges and universities across the United States to disclose information about crime on and around their campuses. The Clery Act is tied to an institution’s participation in federal student financial aid programs and it applies to most institutions of higher education both public and private. The Clery Act is enforced by the United States Department of Education.
8. Title IX of the Education Amendments of 1972, which prohibits all forms of discrimination on the basis of sex (including sexual harassment) in programs and activities of the College. Title IX is enforced by the Office for Civil Rights.
“No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.” Title IX of the Education Amendments of 1972, and its implementing regulation at 34 C.F.R. Part 106 (Title IX)
As a religious educational institution, Shepherd’s is exempted from certain provisions of the above laws and regulations relating to discrimination on the basis of religion.

FEDERAL CRIME DEFINITIONS:
For the offenses of domestic violence, dating violence, sexual assault, and stalking, such statistics shall be compiled for the campus Annual Security and Fire Safety report (Clery Act report) in accordance with the federal crime definitions used in section 4002(a) of the Violence Against Women Act of 1994.
Domestic Violence (42 USC § 13925): The term “domestic violence” includes felony or misdemeanor crimes of violence committed by a current or former spouse of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, 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.
Sexual Assault (42 USC § 13925): The term “sexual assault” means any nonconsensual sexual act proscribed by Federal, tribal or State law, including when the victim lacks capacity to consent.
Dating Violence (42 USC § 13925): The term “dating violence” means violence committed by a person
(A) Who is or has been in a social relationship of a romantic or intimate nature with the victim, and
(B) Where the existence of such a relationship shall be determined based on a consideration of the following factors:
(i) The length of the relationship
(ii) The type of relationship
(iii) The frequency of interaction between the persons involved in the relationship.
Stalking (42 USC § 13925): The term “stalking” means engaging in a course of conduct directed at a specific person that would cause a reasonable person to
(A) Fear for his or her safety or the safety of others, or
(B) Suffer substantial emotional distress.

CALIFORNIA CRIME DEFINITIONS:
This section is included to provide community members with State of California laws related to sexual misconduct, including but not limited to, the definition of consent in relation to sexual offenses, domestic violence, dating violence, sexual assault and stalking.
Consent: Consent is an affirmative, unambiguous and conscious decision by each participant to engage in mutually agreed-upon sexual activity.
Consent is voluntary. It must be given without coercion, force, threats, or intimidation. Consent means positive cooperation in the act or expression of intent to engage in the act pursuant to an exercise of free will.
Consent is revocable. Consent to some form of sexual activity does not imply consent to other forms of sexual activity. Consent to sexual activity on one occasion is not consent to engage in sexual activity on another occasion. A current or previous dating or sexual relationship, by itself, is not sufficient to constitute consent. Even in the context of a relationship, there must be mutual consent to engage in sexual activity. Consent can be revoked at any time. Once consent is withdrawn, the sexual activity must stop immediately.
Consent cannot be given when a person is incapacitated. A person cannot consent if s/he is unconscious or coming in and out of consciousness. A person cannot consent if s/he is under the threat of violence, bodily injury or other forms of coercion. A person cannot consent if his/her understanding of the act is affected by a physical or mental impairment.
Consent in California Penal Code includes: “For the purposes of this policy, the age of consent is consistent with 261.5 PC. Additional information on ‘consent’ may be found in 261.6 PC and 261.7 PC, for purposes of prosecution under 261 PC, 262 PC, 286 PC, 262 PC, 288a PC, and 298 PC.”
Domestic Violence: This is defined as using force or violence against an adult or a minor who is a spouse or former spouse, cohabitant or former cohabitant or someone with whom the abuser has a child, has an existing dating or engagement relationship, or has had a former dating or engagement relationship. Domestic Violence in California Penal Code includes: 243(e)(1) PC; 273.5 PC; 262 PC; 422 PC; 273d PC; 273a PC; 368 PC.
Dating Violence: Under California law, dating violence is covered by the definition and statutes of domestic violence when the act constitutes a crime and is committed by a person in an “intimate relationship” with the individual. Dating Violence in California Penal Code includes: Refer to Domestic Violence laws.
Sexual Assault: This occurs when physical sexual acts are performed without the consent of the other person or when the other person is unable to consent to the activity. The activity or conduct may
include physical force, violence, threats, intimidation, ignoring the objections of the other person, causing the other person’s intoxication or incapacitation through the use of drugs or alcohol, or taking advantage of the other person’s incapacitation (including voluntary intoxication). Sexual Assault in California Penal Code includes: 243.4(d)(1) PC; 243.4(a) PC; 261 PC; 261.5 PC; 262 PC; 266c PC; 289 PC; 286 PC; 288(a). A conviction of sexual assault may result in the requirement to register as a sex offender under 290 PC for the rest of one’s life.
Stalking: This is behavior in which a person repeatedly engages in conduct directed at a specific person that places that person in reasonable fear of his or her safety or the safety of others. Punishment ranges from misdemeanor to felony offense. Stalking in California Penal Code includes: 646.9 PC.


ADDITIONAL SEXUAL MISCONDUCT OFFENSES INCLUDE, BUT ARE NOT LIMITED TO:

Sexual Harassment Policy
Shepherd’s policy is to maintain a working and learning environment free from the sexual harassment of its students, employees, and those who apply for student and employee status. Any behavior determined to constitute sexual harassment will be viewed as neither complimentary nor humorous, and will be subject to disciplinary action.
Shepherd recognizes that the perception of sexual harassment is often subjective and that the circumstances surrounding the conduct, as well as its pattern, frequency, and severity, need to be considered to assess the behavior. Although statistical analysis has shown sexual harassment is usually committed by an individual in a position of power or influence, it can also occur between any two individuals regardless of gender, employment status, work relationship or academic association. Sexual harassment may be verbal, graphic, written or physical in nature, each of which may be grounds for disciplinary action.

Shepherd defines sexual harassment in the following manner:
1. Sexual harassment includes such behavior as sexual advances, request for sexual favors, and other verbal or physical conduct of a sexual nature directed towards an employee, student or applicant. For example:
• Making unsolicited written, verbal, physical or visual contact with sexual overtones. (Written examples: Suggestive or obscene letters, notes, invitation. Verbal examples: Derogatory comments, slurs, jokes, epithets [name-calling]. Physical examples: Assault, touching, inappropriate embracing, impeding or blocking movement. Visual examples: Leering, gestures, display of sexually suggestive objects in pictures, cartoons, or posters.)
• Continuing to express sexual or amorous interest after being informed that the interest is unwelcome. (Reciprocal attraction is not considered sexual harassment.)
2. The conduct has the purpose or effect of interfering with a student’s academic performance, forming an intimidating, hostile, offensive or otherwise unpleasant learning environment, or adversely affecting any student.
3. The conduct has the purpose or effect of interfering with an employee’s work performance, or creating an intimidating, hostile, offensive or otherwise adverse working environment.

If a student believes that he or she has been sexually harassed, he or she should provide a written complaint to the Dean of Student Affairs as soon as possible after the incident. If an employee believes that he or she has been sexually harassed, he or she should provide a written complaint to the Director of Human Resources as soon as possible after the incident. This complaint must include details of the incident or incidents, names of the individuals involved and names of any witnesses. The University will immediately respond to any written and signed complaint.
If the University determines that sexual harassment did occur, action will be taken in accordance with the circumstances involved. Any administrator, faculty member, staff member or student determined by this investigation to be responsible for sexual harassment will be subject to appropriate disciplinary action, up to and including dismissal, termination, or legal remediation. Those parties directly involved will be notified in a timely fashion regarding the results of the investigation. The University strongly encourages students to immediately report all incidents of harassment listed in this policy. The University will not retaliate against anyone for filing a complaint nor tolerate or permit retaliation by administration, faculty, staff or fellow students.
If a student feels that the above stated policies regarding sexual harassment have not been carried out, he or she is encouraged to follow the procedures set forth in the grievance policy.

Sexual Misconduct Policy