{"id":54392,"date":"2023-08-09T14:21:51","date_gmt":"2023-08-10T00:21:51","guid":{"rendered":"https:\/\/chaminade.edu\/?page_id=54392"},"modified":"2024-02-23T16:20:50","modified_gmt":"2024-02-24T02:20:50","slug":"title-ix-nondiscrimination-policies-procedures","status":"publish","type":"page","link":"https:\/\/chaminade.edu\/compliance\/title-ix-nondiscrimination-policies-procedures\/","title":{"rendered":"Sexual Harassment, Sexual Misconduct & Anti-Retaliation Policies & Procedures Under Title IX for Faculty, Staff, Students, and Third Parties"},"content":{"rendered":"\n
To report a Title IX incident or concern, please use this link<\/a>.<\/strong><\/p>\n\n\n\n Section 1: Introduction<\/u><\/strong> This policy is not intended to inhibit or prohibit educational content or discussions inside or outside of the classroom that include relevant, but controversial or sensitive, subject matters protected by academic freedom. Definitions of the specific forms of harassment that this policy is intended to prohibit are provided below.<\/p>\n\n\n\n Title IX of the Education Amendments of 1972 and its implementing federal regulations prohibits discrimination on the basis of sex or gender in the University\u2019s programs and activities. Chaminade University will respond to complaints or reports about prohibited conduct with measures designed to stop the behavior, eliminate any such sex or gender discrimination, prevent the recurrence of the prohibited conduct, and remediate any adverse effects of such conduct on campus or in University-related programs or activities. <\/p>\n\n\n\n Individuals who feel that they are victims of conduct that may fall within the definitions of prohibited conduct under state law are encouraged to file a police report with outside law enforcement agencies. All individuals also have access to Confidential Resources both on-campus and off campus that they may use for support and guidance without initiating University action.<\/p>\n\n\n\n Section 2: Title IX of the Education Amendments of 1972<\/u><\/strong> Title IX is a federal law that provides that, \u201cNo 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.\u201d<\/p>\n\n\n\n Chaminade University, as an educational community, will promptly and equitably respond to all reports of sex discrimination in order to eliminate the misconduct and\/or harassment, prevent its recurrence, and address its effects on any individual or the community. This policy applies to all members of the University community including: students, employees, volunteers, independent contractors, visitors, and any individuals regularly or temporarily employed, studying, living, visiting, conducting business, or having any official capacity at the University.<\/p>\n\n\n\n Section 3: Definitions<\/u><\/strong> Advisor: <\/strong>The term \u201cAdvisor\u201d means any person who is invited by the Respondent or Complainant, or who is assigned by the University, to attend any meetings, investigative sessions, hearings, or conferences. For the purposes of hearings, the Advisor must conduct a cross-examination on all issues of credibility.<\/p>\n\n\n\n Complainant:<\/strong> A reporting party is defined as an individual who is alleged to be the victim of conduct that could constitute sexual harassment as defined in 34 C.F.R. \u00a7 106.30(a).<\/p>\n\n\n\n Complaint (formal): <\/strong>Means a document submitted or signed by a Complainant or signed by the Title IX Coordinator alleging harassment or discrimination based on a protected class or retaliation for engaging in a protected activity against a Respondent and requesting that the University investigate the allegation.<\/p>\n\n\n\n Confidential Resource: <\/strong>An employee who is not a Mandated Reporter of notice of harassment, discrimination, and\/or retaliation.<\/p>\n\n\n\n Consent:<\/strong> An informed, freely given agreement, communicated by clearly understandable words or actions, to participate in each form of sexual activity. General guidance for consent:<\/p>\n\n\n\n Day:<\/strong> Means a business day when the University is in normal operation.<\/p>\n\n\n\n Directly Related Evidence:<\/strong> Evidence connected to the complaint, but which is neither inculpatory (tending to prove a violation) nor exculpatory (tending to disprove a violation) and cannot be relied upon by the investigation report or Hearing Officer. Compare to Relevant Evidence, below.<\/p>\n\n\n\n Education Program or Activity: <\/strong>Means locations, events, or circumstances over which the University exercises substantial control over both the Respondent and the context in which the sexual harassment occurs.<\/p>\n\n\n\n Final Determination:<\/strong> A conclusion by the standard of proof that the alleged conduct did or did not violate policy. <\/p>\n\n\n\n Finding: <\/strong> A conclusion by the standard of proof that the conduct did or did not occur as alleged (as in a \u201cfinding of fact\u201d).<\/p>\n\n\n\n Formal Grievance Process:<\/strong> A method of formal resolution designated by the University to address conduct that falls within the policies included below, and which complies with the requirements of the Title IX regulations (34 CFR \u00a7106.45).<\/p>\n\n\n\n Grievance Process Pool:<\/strong> Includes any investigators, Hearing Officers, appeal officers, and Advisors who may perform any or all of these roles (though not at the same time or with respect to the same case).<\/p>\n\n\n\n Hearing Officer:<\/strong> The person who hears evidence, determines relevance and credibility, and makes the Final Determination of whether this Policy has been violated.<\/p>\n\n\n\n Investigator: <\/strong>The person or persons charged by the University with gathering facts about an alleged violation of this Policy, synthesizing the evidence, and compiling this information into a final investigation report.<\/p>\n\n\n\n Mandated Reporter: <\/strong>means an employee of the University who is obligated to share knowledge, notice, and\/or reports of harassment, discrimination, and\/or retaliation with the Title IX Coordinator.<\/p>\n\n\n\n Notice: <\/strong>Means that an employee, student, or third-party informs the Title IX Coordinator or other Official with Authority of the alleged occurrence of harassing, discriminatory, and\/or retaliatory conduct.<\/p>\n\n\n\n Official with Authority (\u201cOWA\u201d): <\/strong>means an employee of the University explicitly vested with the responsibility to implement corrective measures for harassment, discrimination, and\/or retaliation on behalf of the University. At Chaminade University of Honolulu, the OWA is the Title IX Coordinator.<\/p>\n\n\n\n Parties:<\/strong> includes the Complainant and Respondent collectively.<\/p>\n\n\n\n Relevant Evidence:<\/strong> Evidence that tends to prove (inculpatory) or disprove (exculpatory) an issue in the complaint.<\/p>\n\n\n\n Remedies: <\/strong>Post-Finding actions directed to the Complainant and\/or the community as mechanisms to address safety, prevent recurrence, and restore access to the University\u2019s educational program.<\/p>\n\n\n\n Respondent:<\/strong> Respondent is defined as an individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment as defined in 34 C.F.R. \u00a7 106.30(a).<\/p>\n\n\n\n Resolution: <\/strong>Means the result of an informal or Formal Grievance Process.<\/p>\n\n\n\n Sanction: <\/strong> Means a consequence imposed by the University on a Respondent who is found to have violated this policy.<\/p>\n\n\n\n Supportive Measures:<\/strong> Non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the Complainant or Respondent before or after the filing of a formal complaint or where no formal complaint has been filed. Such measures are designed to restore or preserve equal access to the University\u2019s education program or activity without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the University\u2019s educational environment, or deter sexual harassment.<\/p>\n\n\n\n Supportive measures may include:<\/p>\n\n\n\n Title IX Sexual Harassment:<\/strong> Conduct on the basis of sex that satisfies one or more of the following:<\/p>\n\n\n\n Title IX Coordinator: <\/strong>The official designated by the University to ensure compliance with Title IX and the University\u2019s Title IX program. References to the Coordinator throughout this policy may also encompass a designee of the Coordinator for specific tasks. <\/p>\n\n\n\n Section 4: Prohibited Conduct & Jurisdiction<\/u><\/strong> Chaminade University\u2019s policy prohibits the following offenses which are defined above in \u201cSection 3: Definitions\u201d:<\/strong><\/p>\n\n\n\n Retaliation: <\/strong>Protected activity under this policy includes reporting an incident that may implicate this policy, participating in the grievance process, supporting a Complainant or Respondent, assisting in providing information relevant to an investigation, and\/or acting in good faith to oppose conduct that constitutes a violation of this Policy. <\/p>\n\n\n\n Acts of alleged retaliation should be reported immediately to the Title IX Coordinator and will be promptly investigated. Chaminade University is prepared to take appropriate steps to protect individuals who fear that they may be subjected to retaliation.<\/p>\n\n\n\n It is prohibited for the University or any member of Chaminade University\u2019s community to take materially adverse action by intimidating, threatening, coercing, harassing, or discriminating against any individual for the purpose of interfering with any rights or privilege secured by law or policy, 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 and procedure.<\/strong><\/p>\n\n\n\n Charges against an individual for code of conduct violations that do not involve sex discrimination or sexual harassment but arise out of the same facts or circumstances as a report of complaint of sex discrimination, or a report or complaint of sexual harassment, for the purpose of interfering with any right or privilege secured by Title IX, constitutes retaliation.<\/p>\n\n\n\n Charging an individual with a code of conduct violation for making a materially false statement in bad faith in the course of a grievance proceeding under this policy and procedure does not constitute retaliation.<\/p>\n\n\n\n Jurisdiction:<\/strong> This policy applies to the education program and activities of Chaminade University, to conduct that takes place on the campus or on property owned or controlled by Chaminade University, and conduct that takes place at University-sponsored events. The Respondent must be a member of the University community (student or employee) in order for this policy to apply. <\/p>\n\n\n\n This policy can also apply to off-campus misconduct that effectively deprives someone of access to the University\u2019s educational program. The University may also exert jurisdiction to off-campus and\/or to online conduct when the Title IX Coordinator determines that the conduct affects substantial interests of the University. <\/p>\n\n\n\n Regardless of where the conduct occurred, the University will address complaints to determine whether the conduct occurred in the context of its employment or educational program or activity and\/or has continuing effects on campus or in an off-campus sponsored program or activity.<\/p>\n\n\n\n A substantial University interest includes:<\/p>\n\n\n\n If the Respondent is unknown or not a member of the University community, the Title IX Coordinator may assist the Complainant:<\/p>\n\n\n\n Online Harassment and Misconduct: <\/strong>This policy is written and interpreted broadly to include online and cyber manifestations of any conduct prohibited by this policy and defined in Section 3 above when those behaviors occur in or have an effect on the University\u2019s education program and activities and\/or use University networks, technology, or equipment (whether it is located on University property or elsewhere). <\/p>\n\n\n\n Online postings or other electronic communication by students or employees, including cyber-bullying, cyber-stalking, cyber-harassment, etc. are prohibited and fall under this policy when such online conduct can be shown to cause a substantial in-program disruption. Off-campus harassing speech by employees, whether online or in person, fall within this policy only when such speech is made in an employee\u2019s official or work-related capacity.<\/p>\n\n\n\n While Chaminade University may not control websites, social media, and other venues in which harassing communications can be made, when such communications are reported to the University, it will engage in a variety of means to address and mitigate the effects.<\/p>\n\n\n\n Members of the community, both students and employees, are encouraged to be good digital citizens and are to refrain from online misconduct, including but not limited to: feeding anonymous gossip sites, sharing inappropriate content via social media, unwelcome sexting, revenge porn, breaches of privacy, or otherwise using the ease transmission and\/or anonymity of the Internet or other technology to harm another member of the University community. <\/p>\n\n\n\n Section 5: Title IX Coordinator<\/u><\/strong> Reports of sex discrimination or sexual harassment to the University Title IX Coordinator can be made in person, by mail, by telephone, or by electronic mail, using the contact information listed for the Title IX Coordinator, or by any other means that results in the Title IX Coordinator receiving the person\u2019s verbal or written report. A report may be submitted at any time (including during non-business hours) by using the telephone number or electronic mail address, or by mail to the office address listed for the Title IX Coordinator. <\/p>\n\n\n\n The Title IX Coordinator can be contacted by telephone, email, or in person at: Section 6: Notice or Complaints of Sexual Harassment, Discrimination and\/or Retaliation<\/u><\/strong> A Formal Complaint<\/strong> means a document filed\/signed<\/strong> by the Complainant and\/or signed by the Title IX Coordinator alleging a policy violation by a Respondent and requesting that the University investigate the allegation(s). A complaint may be filed in-person and\/or as described in this section above. As used in this paragraph, the phrase \u201cdocument filed by Complainant\u201d means a document or electronic submission (such as by electronic mail or through the online Campus Incident Report link found on the bottom of the University\u2019s web page (Chaminade Campus Incident Reporting Form<\/a>) However, if the online incident report form is used, the Title IX Coordinator will contact the Complainant to ensure that the information is correct and have the Complainant sign the report.<\/p>\n\n\n\n Supportive Measures: <\/strong>The University will offer and implement appropriate and reasonable supportive measures as defined above to the parties upon notice of alleged harassment and\/or retaliation. Supportive measures are non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the parties to restore or preserve access to the University\u2019s education program or activities, including measures designed to protect the safety of all parties or the University\u2019s educational environment, and\/or to deter harassment and\/or retaliation.<\/p>\n\n\n\n The Title IX Coordinator promptly works with other departments\/resources to make supportive measures available to the parties upon receiving notice or a complaint. At the time that supportive measures are offered, the University will inform the Complainant, in writing, that they may file a formal complaint either at that time or in the future, if they have not done so already. The Title IX Coordinator or designee will work with the Complainant to ensure that their wishes are taken into account with respect to the supportive measures that are planned and implemented.<\/p>\n\n\n\n The University will maintain the privacy of the supportive measures, provided that privacy does not impair the University\u2019s ability to provide supportive measures. The University will act to ensure that there is as minimal educational impact on the parties as possible. The supportive measures that the University will implement as appropriate are listed in the definition above in Section 3. <\/p>\n\n\n\n Emergency Removal: <\/strong> The University can act to remove a Respondent entirely or partially from its education program and\/or activities on an emergency basis when an individualized safety and risk assessment has determined that an immediate threat to the physical health or safety of any student or other individual justifies removal. The risk analysis is performed by the Title IX Coordinator in conjunction with the CARE team using its standard objective violence risk assessment procedures.<\/p>\n\n\n\n In all cases in which an emergency removal is imposed, the student or employee will be given notice of the action and the option to request to meet with the Title IX Coordinator, with the Director of Campus Security present at the meeting, prior to such action\/removal being imposed, or as soon thereafter as reasonably practicable, to show cause why the action\/removal should not be implemented or should be modified.<\/p>\n\n\n\n This meeting is not a hearing on the merits of the allegation(s), but rather is an administrative process intended to determine solely whether the emergency removal is appropriate. When this meeting is not requested within five (5) days of either the date that the removal is to go into effect or the day it did go into effect, any objections to the emergency removal will be deemed waived. If deemed equitable and necessary by the Title IX Coordinator, the input or participation of the Complainant and their Advisor may be permitted. There is no appeal process for emergency removal decisions.<\/strong><\/p>\n\n\n\n A Respondent may be accompanied by an Advisor of their choice when meeting with the Title IX Coordinator for the show cause meeting. The Respondent will be given access to a written summary of the basis for the emergency removal prior to the meeting to allow for adequate preparation.<\/p>\n\n\n\n The Title IX Coordinator has sole discretion under this policy to implement or stay an emergency removal and to determine the conditions and duration. Violation of an emergency removal under this policy will be grounds for discipline, which may include expulsion or termination.<\/p>\n\n\n\n The University will implement the least restrictive actions possible in light of the circumstances and safety concerns. As determined by the Title IX Coordinator, these actions could include, but are not limited to: removing a student from a residence hall, temporarily reassigning an employee, restricting a student\u2019s or employee\u2019s access to use of facilities or equipment, allowing a student to withdraw or take grades of incomplete without financial penalty, authorizing administrative leave with pay for employees, remote working, alternative coursework options, and suspending a student\u2019s participation in extracurricular activities, student employment, student organizational leadership, or intercollegiate\/intramural athletics. <\/p>\n\n\n\n Promptness: <\/strong>All allegations are acted upon promptly by the University once it has received notice or a formal complaint. Complaints can take 60-90 business days to resolve, typically. There are always exceptions and extenuating circumstances that can cause a resolution to take longer, but the University will avoid all undue delays within its control. <\/p>\n\n\n\n Any time the general timeframes for resolution outlined in University procedures will be delayed, the University will provide written notice to the parties of the delay, the cause of the delay, and an estimate of the anticipated additional time that will be needed as a result of the delay.<\/p>\n\n\n\n Privacy: <\/strong>To the greatest extent possible, the University will treat all reported violations of this policy as private and confidential. If a Complainant requests confidentiality or asks that the incident not be pursued, the University will take all reasonable steps to investigate and respond to the incident consistent with the request for confidentiality or the request not to pursue an investigation. If the Complainant asks that his or her name or other identifiable information not be revealed, the University will evaluate that request in the context of its responsibility to provide a safe and nondiscriminatory environment for all members of the community.<\/p>\n\n\n\n Equitable Treatment: <\/strong>Both parties are eligible for Supportive Measures as defined within this policy. The University will not impose disciplinary sanctions against a respondent unless a determination of responsibility for sexual harassment has been made against the respondent.<\/p>\n\n\n\n The University will provide an equal opportunity for the parties to participate in the investigative process and\/or present witnesses, including fact and expert witnesses, and other inculpatory and exculpatory evidence.<\/p>\n\n\n\n The University will conduct an objective evaluation of all relevant evidence \u2013 including both inculpatory and exculpatory evidence. The University will not require, allow, rely upon, evaluate, or otherwise use questions or evidence that constitute, or seek disclosure of, information protected by a legally recognized privilege (e.g., attorney client), unless the person holding such privilege has waived the privilege.<\/p>\n\n\n\n The parties will have an equal opportunity to inspect and review any evidence obtained as part of the investigation that is directly related to the allegations raised in a formal complaint, including the evidence upon which the University does not intend to rely in reaching a determination regarding responsibility and inculpatory or exculpatory evidence whether obtained from a party or other source. The University will not consider or provide for inspection and review evidence which the University knows was illegally or unlawfully created or obtained. The University may impose on the parties and party advisors, restrictions or require a non-disclosure agreement not to disseminate any of the evidence subject to inspection and review.<\/p>\n\n\n\n Bias and Conflicts of Interest: <\/strong>Any individual designated by the University as a Title IX Coordinator, investigator, hearing officer, or any person designated by a University to facilitate an informal resolution process, must not have a conflict of interest or bias for or against complainants or respondents, generally, or any individual complainant or individual respondent. <\/p>\n\n\n\n The following will not be considered evidence of bias:<\/p>\n\n\n\n The University will apply an objective (whether a reasonable person would believe bias exists), common sense approach to evaluating whether a particular person serving in a Title IX role is biased, and will exercise caution not to apply generalizations that might unreasonably conclude that bias exists. An individual\u2019s current job title, professional qualifications, past experience, identity, or sex will not alone indicate bias.<\/p>\n\n\n\n Presumption of Not Responsible:<\/strong> There is a presumption that a respondent is not responsible for the alleged conduct until a determination regarding responsibility is made at the conclusion of the grievance process.<\/p>\n\n\n\n Mandated Reporters: <\/strong>All University employees (faculty, staff, and administrators) are expected to report actual or suspected harassment under this policy to the Title IX Coordinator immediately, though there are some limited exceptions.<\/p>\n\n\n\n In order to make informed choices, it is important to be aware of confidentiality and mandatory reporting requirements when consulting campus resources. On campus, some resources may maintain confidentiality and are not required to report actual or suspected harassment. They may offer options and resources without any obligation to inform an outside agency or campus official unless a Complainant has requested that the information be shared.<\/p>\n\n\n\n If a Complainant expects formal action in response to their allegation(s), reporting to any Mandated Reporter can connect them with resources to report crimes and\/or policy violations, and these employees will immediately pass reports to the Title IX Coordinator, who will take action when an incident is reported to them.<\/p>\n\n\n\n The following sections describe the reporting options at Chaminade University for a Complainant or third-party (including parents\/guardians when appropriate):<\/p>\n\n\n\n 1. Confidential Resources 2. Anonymous Notice to Mandated Reporters If a Complainant has requested that a Mandated Reporter maintain the Complainant\u2019s anonymity, the Mandated Reporter may do so unless it is reasonable to believe that a compelling threat to health or safety could exist. The Mandated Reporter can consult with the Title IX Coordinator on that assessment without revealing personally identifiable information.<\/p>\n\n\n\n Anonymous notice will be investigated by the University to the extent possible, both to assess the underlying allegation(s) and to determine if supportive measures or remedies can be provided. However, anonymous notice typically limits the University\u2019s ability to investigate, respond, and provide remedies, depending on what information is shared.<\/p>\n\n\n\n When a Complainant has made a request for anonymity, the Complainant\u2019s personally identifiable information may be withheld by a Mandated Reporter, but all other details must be shared with the Title IX Coordinator. Mandated Reporters may not be able to maintain requests for anonymity for Complainants who are minors or disabled, depending whether the incident alleged places a legal burden on the University as a mandated reporter under applicable Hawaii state child abuse laws. Complainants may want to carefully consider whether they share personally identifiable details with non-confidential Mandated Reporters, as those details must be shared with the Title IX Coordinator. <\/p>\n\n\n\n Generally, disclosures in climate surveys, classroom writing assignments or discussions, human subjects research, or at events such as \u201cTake Back The Night\u201d marches or speak-outs do not provide notice that must be reported to the Title IX Coordinator by employees, unless the Complainant clearly indicates that they desire a report to be made or seek a specific response from the University. <\/em><\/strong>Supportive measures may be offered as the result of such disclosures without formal University action.<\/p>\n\n\n\n Failure to Report by a Mandated Reporter: Failure of a Mandated Reporter, as described above in this section, to report an incident of harassment of which they become aware of is a violation of this policy and can be subject to disciplinary action for failure to comply.<\/p>\n\n\n\n When a Mandated Reporter is engaged in harassment or other violations of this policy, they still have a duty to report their own misconduct, though the University is technically not on notice when a harasser is also a Mandated Reporter unless the harasser does in fact report themselves.<\/p>\n\n\n\n It is important to clarify that a Mandated Reporter who is themselves a target of harassment or other misconduct under this policy is not required to report their own experience, though they are strongly encouraged to do so.<\/p>\n\n\n\n When a Complainant Does Not Wish to Proceed: <\/strong>If a Complainant does not wish for their name to be shared, does not wish for an investigation to take place, or does not want a formal complaint to be pursued, they may make such a request to the Title IX Coordinator, who will evaluate that request in light of the duty to ensure the safety of the campus and to comply with state or federal law.<\/p>\n\n\n\n The Title IX Coordinator has ultimate discretion over whether the University proceeds when the Complainant does not wish to do so, and the Title IX Coordinator may sign a formal complaint to initiate a grievance process upon completion of an appropriate violence risk assessment. When the Title IX Coordinator executes the written complaint, they do not become the Complainant. The Complainant is the individual who is alleged to be the victim of conduct that could constitute a violation of this policy.<\/p>\n\n\n\n The Title IX Coordinator\u2019s decision should be based on results of the violence risk assessment that show a compelling risk to health and\/or safety that requires the University to pursue formal action to protect the community. A compelling risk to health and\/or safety includes but is not limited to: evidence of patterns of conduct, predatory conduct, threats, abuse of minors, use of weapons, and\/or violence. The University may be compelled to act on alleged employee misconduct irrespective of a Complainant\u2019s wishes. <\/p>\n\n\n\n The Title IX Coordinator must also consider the effect that non-participation by the Complainant may have on the availability of evidence and the University\u2019s ability to pursue a Formal Grievance Process fairly and effectively. <\/p>\n\n\n\n The University\u2019s ability to remedy and respond to an allegation of a violation of this Policy may be limited if the Complainant does not want the University to proceed with an investigation and\/or the grievance process. The goal is to provide the Complainant with as much control over the process as possible, while balancing the University\u2019s obligation to protect its community.<\/p>\n\n\n\n Federal Timely Warning Obligations: <\/strong>Parties reporting sexual assault, domestic violence, dating violence, and\/or stalking should be aware that under the Clery Act, the University must issue timely warnings for reported incidents that pose a serious or continuing threat of bodily harm or danger to members of the campus community. <\/p>\n\n\n\n The University will ensure that a Complainant\u2019s name and other identifying information is not disclosed, while still providing enough information for community members to make safety decisions in light of the potential danger. <\/p>\n\n\n\n False Allegations and Evidence: <\/strong>Deliberately false and\/or malicious accusations under this Policy are a serious offense and will be subject to appropriate disciplinary action. This does not include allegations that are made in good faith but are ultimately shown to be erroneous or do not result in a policy violation determination.<\/p>\n\n\n\n Additionally, witnesses and parties knowingly providing false evidence, tampering with or destroying evidence, or deliberately misleading an official conducting an investigation can be subject to discipline under appropriate University policies. <\/p>\n\n\n\n Section 7: Interim Resolution Process for Alleged Violations of this Policy<\/u><\/strong> If a person believes they or someone they directly know has been the victim of sex discrimination and harassment, it should promptly be reported to the University\u2019s Title IX Coordinator. This could be done in person, by mail, by telephone, or by electronic mail using the contact information listed above for the Title IX Coordinator. Such a report can be made at any time (including during non-business hours) by using the telephone number, email address, or by sending mail to the office address listed in this policy. <\/p>\n\n\n\n A person filing a complaint will be provided with information regarding the University\u2019s Title IX policy and procedures as well as confidential resources and information for reporting criminal offenses to campus and local law enforcement. Instances of sex discrimination may violate both the University\u2019s sex discrimination policy and the law. As a result, the University encourages victims to pursue their complaints through both the University\u2019s process for sex discrimination and through the criminal justice system. To file a police report with the Honolulu Police Department, call 9-1-1.<\/p>\n\n\n\n Upon receipt of a complaint or notice to the Title IX Coordinator of an alleged violation of this policy, the Title IX Coordinator will initiate a prompt initial assessment (explained below) to determine the next steps to be taken. At least one of the following three responses will be initiated after an initial assessment of the complaint:<\/p>\n\n\n\n The Formal Grievance process will be used to determine whether or not the policy has been violated. If so, the University will promptly implement effective remedies designed to ensure that it is not deliberately indifferent to harassment or discrimination, their potential recurrence, or their effects.<\/p>\n\n\n\n Initial Assessment:<\/strong> Following the receipt of notice or a complaint of alleged violation of this policy, the Title IX Coordinator engages in an initial assessment, which is typically one to five business days in duration. The steps of an initial assessment may include:<\/p>\n\n\n\n Violence Risk Assessment<\/strong>: In many cases, the Title IX Coordinator may determine that a violence risk assessment (\u201cVRA\u201d) should be conducted by the University\u2019s Care Team as part of the initial assessment. If the Care Team identifies that there is a risk to the health and safety of any individual(s), a recommendation for appropriate action will be made to the University official with the authority to implement the Care Team\u2019s recommendations. Appropriate action includes but is not limited to:<\/p>\n\n\n\n Dismissal of a Formal Complaint: <\/strong>The University, through the Title IX Coordinator, must <\/strong>dismiss a formal complaint or any allegations therein, if, at any time during the investigation or hearing, it is determined that:<\/p>\n\n\n\n The University, through the Title IX Coordinator, may<\/strong> dismiss a formal complaint or any allegations therein if, at any time during the investigation or hearing:<\/p>\n\n\n\n Upon any dismissal, the Title IX Coordinator will promptly send written notice of the dismissal and the rationale for doing so simultaneously to the Parties. The Complainant who withdraws a complaint may later request to reinstate the complaint at which time the Title IX Coordinator will assess whether or not the evidence is sufficient and\/or still accessible so that an investigation and hearing can proceed (i.e., witnesses are still available). <\/p>\n\n\n\n If the Title IX Coordinator determines that other University policies are applicable, the notice of the dismissal of the Formal Complaint will state which University policies are applicable and what course of action will be taken to investigate and remedy any alleged violations remaining.<\/p>\n\n\n\n Counterclaims: <\/strong>The University is obligated to ensure that the grievance process is not abused for retaliatory purposes. The University permits the filing of counterclaims but uses an initial assessment, described above, to assess whether the allegations in the counterclaim are made in good faith. Counterclaims by a Respondent may be made in good faith, but are on occasion made for purposes of retaliation, instead. Counterclaims made with retaliatory intent will not be permitted.<\/p>\n\n\n\n Counterclaims determined to have been reported in good faith will be processed using the grievance procedures below. Investigation of such claims may take place after resolution of the underlying initial allegation, in which case a delay may occur. <\/p>\n\n\n\n Counterclaims may also be resolved through the same investigation as the underlying allegation, at the discretion of the Title IX Coordinator. When counterclaims are not made in good faith, they will be considered retaliatory and may constitute a violation of this policy.<\/p>\n\n\n\n Right to an Advisor:<\/strong> The Parties may each have an Advisor of the choice present with them for all meetings and interviews within the resolution process, if they so choose. The Parties may select whoever they wish to serve as their Advisor so long as the Advisor is eligible and available.<\/p>\n\n\n\n Choosing an Advisor who is also a witness in the process creates a potential for bias and conflict of interest. A party who chooses an Advisor who is also a witness can anticipate that an issue of potential bias will be explored by the hearing Decision-maker.<\/p>\n\n\n\n
Chaminade University of Honolulu (\u201cChaminade University\u201d or \u201cUniversity\u201d) recognizes the inherent dignity of all people and is committed to providing an educational and work environment that is free from sexual misconduct and harassment in any form including, but not limited to, sex or gender discrimination, including sexual misconduct such as sexual harassment and sexual assault, stalking, domestic and dating violence. These behaviors are harmful to the well-being of our community members, the learning\/working environment, and collegial relationships among our students, faculty, and staff. All forms of prohibited conduct under this policy are regarded as serious University offenses, and violations will result in discipline, including the possibility of separation from Chaminade University. State and federal laws also address conduct that may meet Chaminade University\u2019s definitions of prohibited conduct, and criminal prosecution may take place independently of any disciplinary action instituted by Chaminade University.<\/p>\n\n\n\n
Title IX of the Education Amendments of 1972 addresses all forms of discrimination on the basis of sex, including sexual harassment. Chaminade University does not discriminate on the basis of sex, gender, or gender identity in its educational, extracurricular, athletic, or other programs or in the context of admissions or employment in accordance with Title IX of the Education Amendments of 1972 and the regulations found in Part 106 of Title 34 of the Code of Federal Regulations (Title IX).<\/p>\n\n\n\n
Actual Knowledge:<\/strong> Actual Knowledge is notice<\/em> of sexual harassment or allegations of sexual harassment to the University\u2019s Title IX Coordinator who is the University official with authority to institute corrective measures on behalf of the University.<\/p>\n\n\n\n\n
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Prohibited Conduct: <\/strong>Chaminade University defines sexual harassment as conduct committed by any person upon any other person, regardless of the sex, sexual orientation, and\/or gender identity of those involved. <\/p>\n\n\n\n\n
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The Title IX Coordinator is the employee at the University, designated and authorized to coordinate the institution\u2019s efforts to comply with Title IX. The Title IX Coordinator oversees the implementation of grievance procedures, which includes notification, investigation and disposition of complaints of sex discrimination and sexual harassment. The Title IX Coordinator will coordinate the provision of educational materials and training for the campus community. Additionally, the Title IX Coordinator will ensure a fair and neutral process for all parties and monitor all other aspects of the University\u2019s Title IX compliance.<\/p>\n\n\n\n
Title IX Coordinator
3140 Waialae Avenue
Honolulu, Hawaii 96816
(808) 739-8530
<\/a>titleIX@chaminade.edu<\/a>
Office of Civil Rights
U.S. Department of Health and Human Services
61 Forsyth Street, S.W.
Atlanta, GA 30303-8909
Phone: (404) 331-2867<\/p>\n\n\n\n
Notice or complaints of sexual harassment, discrimination and\/or retaliation may be made using any of the following options:<\/p>\n\n\n\n\n
Because reporting carries no obligation to initiate a formal response, and as the University respects Complainant requests to dismiss complaints unless there is a compelling threat to health and\/or safety, the Complainant is largely in control and should not fear loss of privacy by making a report that allows the University to discuss and\/or provide supportive measures.<\/li>\n\n\n\n\n
<\/strong>If a Complainant would like the details of an incident to be kept confidential, the Complainant may speak with:<\/p>\n\n\n\n\n
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<\/strong>At the request of a Complainant, notice may be given by a Mandated Reporter to the Title IX Coordinator anonymously, without identification of the Complainant. The Mandated Reporter cannot remain anonymous themselves.<\/p>\n\n\n\n
3. Mandated Reporters and Formal Notice\/Complaints<\/strong>
All employees of the University, including student employees, with the exception of those who are designated as Confidential Resources, are Mandated Reporters and must promptly share with the Title IX Coordinator all known details of a report made to them in the course of their employment. Employees must also promptly share all details of behaviors under this policy that they observe or have knowledge of, even if not reported to them by a Complainant or third-party.<\/p>\n\n\n\n
The University strongly supports and encourages prompt reporting of sex discrimination and harassment so that resources can be provided and the community can remain safe. All University community members (students, faculty, and staff) should help ensure that violations of this policy are promptly reported. Most University employees are mandatory reporters as described in the Importance of Reporting section below. Normally, this means reporting any witnessed violations or violations learned about through the disclosure of a reporting party. Reporting is not the same<\/em> as filing a formal complaint (although for some purposes a formal complaint may also serve as a report).<\/strong><\/p>\n\n\n\n\n
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The Title IX Coordinator will also offer to assign a trained Advisor for any party if the party so chooses. If the parties choose and Advisor from the pool available from the University, the Advisor will be trained by the University and be familiar with the University\u2019s resolution process.<\/li>\n\n\n\n
The parties may be accompanied by their Advisor in all meetings and interviews at which the party is entitled to be present, including intake and interviews. Advisors should help the parties prepare for each meeting and are expected to advise ethically, with integrity, and in good faith.
The University cannot guarantee equal Advisory rights, meaning that if one party selects an Advisor who is an attorney, but the other party does not or cannot afford an attorney, the University is not obligated to provide an attorney. <\/li>\n\n\n\n
Under U.S. Department of Education regulations for Title IX a form of indirect questioning is required during the hearing but must be conducted by the parties\u2019 Advisors. The parties are not permitted to directly question each other or any witnesses. If a party does not have an Advisor for a hearing, the University will appoint a trained Advisor for the limited purpose of conducting any questioning of the other party(ies) and witnesses.<\/li>\n\n\n\n
Advisors and their advisees may request to meet with the investigators conducting interviews\/meetings in advance of these interviews or meetings. This pre-meeting allows Advisors to clarify and understand their role and the University\u2019s policies and procedures.<\/li>\n\n\n\n
All Advisors are subject to the same University policies and procedures, whether they are attorneys or not, and whether they are selected by a party or assigned by the University. Advisors are expected to advise their advisees without disrupting proceedings. Advisors should not address University officials or investigators in a meeting or interview unless invited to do so (e.g., asking procedural questions). The Advisor may not make a presentation or represent their advisee during any meeting or proceeding and may not speak on behalf of the advisee to the Investigator(s) or other Hearing Officer except during a hearing proceeding during questioning.
The parties are expected to ask and respond to questions on their own behalf throughout the investigation phase of the resolution process. Although the Advisor generally may not speak on behalf of their advisee, the Advisor may consult with their advisee, either privately as needed, or by conferring or passing notes during any resolution process meeting or interview. For longer or more involved discussions, the parties and their Advisors should ask for breaks to allow for private consultation.
Any Advisor who oversteps their role as defined by this policy will be warned only once. If the Advisor continues to disrupt or otherwise fails to respect the limits of the Advisor role, the meeting\/interview\/hearing will be ended, or other appropriate measures implemented. Subsequently, the Title IX Coordinator will determine how to address the Advisor\u2019s non-compliance and future role.<\/li>\n\n\n\n
The University expects that the parties may wish to have the University share documentation and evidence related to the allegations with their Advisors. The University provides a consent form (FERPA Form in the Student Portal<\/a>) that authorizes the University to share such information directly with a party\u2019s Advisor. The parties must either complete and submit this form to the Title IX Coordinator before the University is able to share records with an Advisor.
If a party requests that all communication be made through their attorney Advisor, the University will not comply with that request. <\/li>\n\n\n\n
Advisors are expected to maintain the privacy of the records shared with them. These records may not be shared with third parties, disclosed publicly, or used for purposes not explicitly authorized by the University. Advisors will be asked to sign Non-Disclosure Agreements (NDAs). The University may restrict the role of any Advisor who does not respect the sensitive nature of the process or who fails to abide by the University\u2019s privacy expectations.<\/li>\n\n\n\n
The University generally expects an Advisor to adjust their schedule to allow them to attend University meetings when planned, but the University may change scheduled meetings to accommodate an Advisor\u2019s inability to attend, if doing so does not cause an unreasonable delay.
The University may also make reasonable provisions to allow an Advisor who cannot be present in person to attend a meeting by telephone, video conferencing, or other similar technologies as may be convenient and available. <\/li>\n\n\n\n
A party may elect to change Advisors during the process and is not obligated to use the same Advisor throughout. The parties are expected to inform the Investigator(s) of the identity of their Advisor at least two (2) business days before the date of their first meeting with Investigators (or as soon as possible if a more expeditious meeting is necessary or desired).
The parties are expected to provide timely notice to the Title IX Coordinator if they change Advisors at any time. It is assumed that if a party changes Advisors, consent to share information with the previous Advisor is terminated, and a release for the new Advisor should be secured. Parties are expected to inform the Title IX Coordinator of the identity of their hearing Advisor at least two (2) business days before the hearing.<\/li>\n\n\n\n
University can provide attorneys, faculty, or graduate students as Advisors in the resolution process. For representation, Respondents may wish to contact organizations such as:\n