Title IX Information
WesternU faculty, staff and students are responsible employees and are legally required to report observed or suspected abuse. Please note that confidentiality cannot be completely guaranteed when making a report to a non-confidential resource. The University will endeavor to make reasonable efforts to protect and safeguard privacy while balancing the need to gather information to assess the report; take steps to eliminate the prohibited conduct; prevent its reoccurrences; and remedy the effects.
What Is Title IX?
A federal law that applies to educational institutions receiving federal financial assistance and prohibits discrimination on the basis of sex in programs or activities, including employment, academic, educational, extracurricular and athletic activities (both on and off Campus). Title IX protects all people regardless of gender, sexual orientation, or gender identity or expression, from sex discrimination, including sexual harassment and sexual misconduct, which are forms of sex discrimination.
Sexual Harassment
This is unwelcome verbal, nonverbal or physical conduct of a sexual nature that includes but is not limited to sexual advances, requests for sexual favors, and any other conduct of a sexual nature, where the conduct is explicitly or implicitly used as the basis for certain decisions or could create an intimidating, hostile or offensive environment. While relationships may begin as consensual, they may evolve into situations that lead to sexual harassment or sexual misconduct, including dating or domestic violence, or stalking.
Sexual Misconduct
All sexual activity must be based on affirmative consent. Engaging in any sexual activity without first obtaining affirmative consent to the specific activity is sexual misconduct, whether or not the conduct violates any civil or criminal law. Sexual activity includes, but is not limited to, kissing, touching intimate body parts, fondling, intercourse, penetration of any body part and oral sex. It also includes any unwelcome physical sexual acts, such as unwelcome sexual touching, sexual assault, sexual battery, rape and dating violence. When based on gender, domestic violence and stalking also constitute sexual misconduct. Sexual misconduct may include using physical force, violence, threat, or 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) to engage in sexual activity.
Dating Violence
This is abuse committed by a person who is or has been in a social or dating relationship of a romantic or intimate nature with the victim. This may include someone the victim just met; i.e., at a party, introduced through a friend, or on a social networking website. For purposes of this definition, “abuse” means intentionally or recklessly causing or attempting to cause bodily
injury or placing another person in reasonable apprehension of imminent serious bodily injury to him/herself, or another. Abuse does not include non-physical, emotional distress or injury.
Domestic Violence
This is abuse committed against someone who is a current or former spouse; current or former cohabitant; someone with whom the abuser has a child; someone with whom the abuser has or had a dating or engagement relationship; or a person similarly situated under California domestic or family violence law. Cohabitant means two unrelated persons living together for a substantial period of time, resulting in some permanency of relationship. It does not include roommates who do not have a romantic, intimate, or sexual relationship. For purposes of this definition, “abuse” means intentionally or recklessly causing or attempting to cause bodily injury or placing another person in reasonable apprehension of imminent serious bodily injury to himself or herself, or another. Abuse does not include non-physical, emotional distress or injury.
Stalking
This means engaging in a repeated conduct, two or more times, directed at a specific person that would cause a reasonable person to fear for his/her or others’ safety or to suffer substantial emotional distress. It is a pattern of behavior that makes one feel afraid, nervous, harassed or in danger. It may be when someone repeatedly contacts specific person, follows them, send things, talks to them when they don’t want them to or threatens them.
Affirmative Consent Is Key!
If someone has been sexual with you without your consent, or if you have ever felt coerced or forced into having sex, you are not alone. Sex without consent is sexual assault.
When Should You Ask for Consent?
Ask before you act! It is the responsibility of the person initiating a sex act to obtain affirmative consent. Whenever you are unsure if consent has been given, you need to ask. Check-with your partner. Also, a person has the right to change his/her mind anywhere in the process.
How Do You Ask for Consent?
Consent is about getting a clear answer. It can also be understanding what your partner is feeling. Pay attention to verbal, non-verbal and physical responses.
Consent Is Not Silence or Passivity
Don’t make assumptions about consent. If an individual feels pressured, uncertain, or is having difficulty communicating and is afraid of how his/her partner may react to a “NO“ response, then it is not freely given, so it’s not affirmative consent.
Remember: If someone is incapacitated by alcohol or drugs, s/he is unable to give valid consent to sexual activity. A minor under 18 is legally incapable of giving consent.
You Have the Right to:
• feel safe.
• say “NO” and not feel guilty.
• a relationship with someone who respects your wishes and boundaries.
• be assertive and direct with someone who is sexually pressuring you.
• change your mind. If you are not sure what you want, it’s ok to STOP and think about it.
• be in a relationship free of violence and abuse.
• make a confidential police report. Your name can remain confidential as a matter of public record.
Be an Active Bystander
Do something when you see risky behavior.
It is better to be proactive and have the threat not fully materialize than to look the other way and have the situation escalate out of control. Do not assume that someone else is taking care of it. If you feel threatened or if it is unsafe to intervene, call 911.
Reluctance to Report
Sexual assault victims may be hesitant to report an assault to the police for many reasons. Victims may be afraid no one will believe them or that they will be blamed for the assault. They may feel embarrassed or that it’s too personal to share with strangers. Some victims believe they will bring shame to their family and never report the incident.
Reporting an assault is a way of regaining your sense of personal power and control. It assists you in doing something about the assault committed against you. By reporting the incident, you can also help prevent others who may be victimized.
