CW 000 - Respectful Community - Prohibition on Discrimination and Harassment
Purpose
To provide a working and learning environment at CWI that is free of unlawful discrimination and harassment.
Scope
Applies to all CWI employees, students, contractors, vendors, or visitors and anyone participating in a CWI sponsored activity (collectively referred to as “Members of the CWI Community").
Definition
Complainant: An individual who is alleged to be the victim of conduct that could constitute harassment.
Consent: An informed, freely given, and mutually affirmed, understanding, or agreement. If coercion, intimidation, threats, or physical force are used, there is no consent. If a person is mentally or physically incapacitated or impaired so that such person cannot understand the fact, nature, or extent of the sexual situation, there is no consent; this includes impairment or incapacitation due to alcohol or drug consumption or being asleep or unconscious. There is no consent when there is force, express or implied, or use of duress or deception upon the victim. Silence does not imply or constitute consent. Past consent to sexual activities does not imply ongoing future consent. Whether an individual has taken advantage of a position of influence over an alleged victim may be a factor in determining consent.
Dating Violence: Violence committed by a person:
1. Who is or has been in a social relationship of a romantic or intimate nature with the victim; and
2. Where the existence of such a relationship shall be determined based on a consideration of the following factors:
a. The length of the relationship.
b. The type of relationship.
c. The frequency of interaction between the persons involved in the relationship.
Discrimination: Adverse conduct against an individual that is based upon race, color, religion, sex, age, national origin, sexual orientation, gender identity, disability, veteran status, or any other status protected by federal, state, or local law. Such conduct could include action that excludes or denies an individual the benefits of a CWI program, activity, or service, treats the individual differently, or otherwise adversely affects a term or condition of their employment, education, or participation in a CWI program or activity. This includes failing to provide reasonable accommodations, consistent with state and federal law, to qualified individuals with a disability.
Domestic Violence: Includes acts of violence committed by a current or former spouse or intimate partner 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 or intimate partner, 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.
Education Program or Activity: Includes locations, events, or circumstances over which CWI exercises substantial control over both the Respondent and the context in which the sexual harassment occurs, and also includes any building owned or controlled by a student organization that is officially recognized by CWI. In determining whether CWI exercises substantial control, factors such as whether CWI funded, promoted, or sponsored the event or circumstance where the alleged harassment occurred may be considered, but no single factor is determinative.
Formal Complaint: A document filed by a Complainant or signed by the Title IX Coordinator alleging sexual harassment against a Respondent and requesting that CWI investigate the allegations of sexual harassment.
Harassment: Any conduct based upon an individual’s race, color, religion, sex, age, national origin, sexual orientation, gender identity, disability, veteran status, or any other status protected by federal, state, or local law that demeans or shows hostility or aversion toward an individual because of his or her protected class or creates an intimidating, hostile, or offensive environment for academic pursuits, employment, or participation in CWI sponsored activities. Harassing conduct may be in various forms, including name-calling, graphic or written statements (including the use of cell phones or the Internet), or other conduct that may be physically threatening, harmful, or humiliating.
Official with Authority: Individuals who have the authority to institute corrective action on behalf of CWI or who are designated as such by the Title IX Coordinator. CWI Officials with Authority include the following:
• President
• Provost
• Assistant Vice President, Enrollment & Student Services
• Vice President, Human Resources
• Deans
• Executive Director of Human Resources
• All Campus Security Staff
• Title IX Deputy Coordinators, Investigators and Hearing Officers
Respondent: An individual who has been reported and is alleged to be the perpetrator of conduct that could constitute sexual harassment.
Retaliation: Action taken by an accused individual or an action taken by a third party against any person because that person (i) has opposed any practices forbidden under this policy; or (ii) filed a complaint or testified, assisted, or participated in any manner in an investigation or proceeding under this policy. This includes action taken against a bystander who intervened to stop or attempt to stop discrimination or harassment. Retaliation includes intimidating, threatening, coercing, or in any way discriminating against an individual because of the individual’s protected activity. Action is generally deemed retaliatory if it would deter a reasonable person in the same circumstances from opposing practices prohibited by this policy.
Sexual Assault: Any nonconsensual sexual act classified as a forcible or nonforcible offense under the uniform crime reporting system of the Federal Bureau of Investigation, including when the victim lacks capacity to consent.
Sexual Harassment (Title IX): Conduct on the basis of sex that satisfies one or more of the following:
1. An employee of CWI conditioning the provision of an aide, benefit, or service of CWI on an individual’s participation in unwelcome sexual conduct;
2. Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to CWI’s education program or activities or
3. Sexual assault, dating violence, domestic violence, or stalking.
Sexual Harassment (non-Title IX): Can include unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature when submission to, or rejection of, this conduct explicitly or implicitly affects an individual’s employment, unreasonably interferes with an individual’s work performance, or creates an intimidating, hostile, or offensive work environment. Sexual harassment can involve persons of the same or opposite sex. Consistent with applicable law, including but not limited to Title VII of the Civil Rights Act of 1964 and the Idaho Human Rights Act, this policy prohibits sexual harassment that results in a tangible employment action or sexual harassment that is so frequent or severe that it creates a hostile work environment.
A “tangible employment action” means a significant change to the terms and conditions of employment, including but not limited to, termination, demotion, undesirable reassignment, failure to hire, and failure to promote.
Hostile Work Environment: Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature which has the purpose or effect of interfering with an individual’s work performance or creates an intimidating, hostile, or offensive environment.
Examples of sexual harassment include but are not limited to:
• Demeaning and/or derogatory harassment towards one’s gender;
• Demeaning behavior, staring, pinching, touching, and other physical contact, or blocking the movements of another person;
• Unwelcome sexual comments, innuendos, jokes, abusive personal remarks, etc.;
• Sexually explicit displays or distribution of pictures, materials, or objects in the work area;
• Unwelcome amorous advances or propositions, physical conduct, obscene gestures;
• Obscene letters, phone calls, emails, or unwelcome words or comments with sexual or other discriminatory meanings;
• Unwelcome requests for sexual favors or repeated social contact; or
• Sexual assault or other unwelcome sexual contact.
A hostile environment can be created by anyone involved in a CWI program or activity (e.g., administrators, faculty members, students, vendors, and even campus guests). Although repeated incidents increase the likelihood that harassment has created a hostile environment, a serious incident, such as a sexual assault, even if isolated, can be sufficient.
In determining whether harassment has created a hostile environment, consideration will be made not only as to whether the conduct was unwelcome to the person who feels harassed but also whether a reasonable person in a similar situation would have perceived the conduct as objectively offensive. Also, the following factors will be considered:
• The degree to which the conduct affected one or more individual’s employment;
• The nature, scope, frequency, duration, and location of the incident or incidents;
• The identity, number, and relationships of persons involved.
CWI reserves the right to take corrective action with respect to employee conduct that does not rise to the level of a violation of law where such conduct is otherwise a violation of the Employee Conduct Policy.
The following definitions apply to Formal Complaints submitted by a Complainant regarding Sexual Harassment in the educational environment in accordance with Title IX.
Stalking: Engaging in a course of conduct directed to a specific person that would cause a reasonable person to:
1. Fear for their safety or the safety of others; or
2. Suffer substantial emotional distress.
“Course of conduct” means repeated acts of nonconsensual contact involving the victim or a family or household member of the victim.
Supportive Measures: Non-disciplinary, non-punitive, individualized services offered as appropriate, as reasonably available, and without fee or charge to the complainant or the Respondent before or after the filing of a formal complaint or where no formal complaint has been filed. Supportive measures may include:
1. Counseling;
2. Extensions of deadlines or other course-related adjustments;
3. Modifications of work or class schedules;
4. Campus escort services;
5. Mutual restrictions on contact between the parties;
6. Changes in work locations;
7. Leaves of absence;
8. Increased security and monitoring of certain areas of the campus; and
9. Other similar measures.
Policy
CWI is committed to maintaining a respectful community by providing equal educational and employment opportunities, services, and benefits to any individual without regard to race, color, religion, sex, age national origin, sexual orientation, gender identity, disability, veteran status, or any other status protected by federal, state, or local law. Discrimination and harassment undermine human dignity and the positive connection among all individuals at CWI. It may also be illegal. Accordingly, CWI prohibits discrimination or harassment based on race, color, religion, sex, age, national origin, sexual orientation, gender identity, disability, veteran status, or any other status protected by federal, state, or local law. CWI expects all members of the CWI community to avoid any behavior or conduct that is violative of this policy. CWI will take appropriate action to eliminate, prevent, and address the effects of discrimination, harassment, and retaliation.
It is important that Members of the CWI Community understand that this policy does not just prohibit discrimination and harassment of employees. It also prohibits discrimination and harassment between members of the CWI community more generally: for example, between an instructor and a student, between two students, or between a student and an applicant or campus guest. Accordingly, this policy applies to all CWI programs, activities, and officially recognized groups, including, but not limited to, instruction, grading, and employment. In addition, CWI prohibits retaliation against an individual for opposing any conduct or practices prohibited under this policy, for bringing a complaint of discrimination or harassment, for assisting someone with such a complaint, for attempting to stop such discrimination or harassment, or for participating in any manner in an investigation or resolution of a complaint of discrimination or harassment. It is central to the values of CWI that any individual who believes they may have been the target of unlawful discrimination or harassment feel free to report their concerns for appropriate investigation and response, without fear of retaliation or retribution.
Conduct that occurs off campus may be subject to this policy, such as in cases whereof-campus harassment has continuing effects that create a hostile environment on campus or if conduct occurs at an off-campus educational program or activity. Allegations of off-campus sexual harassment are of particular concern and should be brought to CWI’s attention.
CWI is subject to both Title VII and Title IX. This policy recognizes that Title VII imposes different obligations with respect to sexual harassment than Title IX, including a different definition of sexual harassment. This policy serves to protect employee rights under Title VII without unnecessarily broadening the scope of prohibited speech and expression in the educational environment. This policy shall not be construed or applied to restrict academic freedom at CWI, nor shall it be construed to restrict constitutionally protected freedom of expression.
All complaints or any concerns about conduct that may violate this policy and retaliation should be filed with the Title IX Coordinator:
CONTACT INFORMATION:
Title IX Coordinator E-Mail: chadtrisler@cwi.edu
Chad Trisler, Dean of Students Phone: (208) 562-2106
Physical Campus Location Mailing Address
Nampa Campus, Willows Building C Title IX Coordinator
Room 106 MS 2020
5520 E Opportunity Dr. P.O. Box 3010
Nampa, ID 83687 Nampa, ID 83653
Guidelines
Reporting of Discrimination, Harassment and Misconduct
In order for CWI to respond effectively to prevent and to stop instances of discrimination, harassment, sexual harassment or other related misconduct addressed in this policy involving students or employees at CWI, members of the CWI community (as appropriate) should report information they have about discrimination, harassment, sexual harassment, or other related misconduct involving students and employees to the Title IX Coordinator as quickly as possible. Employees who learn of such conduct are strongly encouraged to report the conduct to the Title IX Coordinator within 24 hours. In addition, CWI is committed to providing reporting options through multiple contact points across campus that are broadly accessible to all CWI community members, including the Title IX Coordinator, CWI’s Ethics Hotline, instructors, supervisors, or others identified at CWI as Officials with Authority. To most effectively respond to and address instances under this policy, information provided should include all information that is available at the time, and reporting should not be delayed to collect additional information. This information may include the names of the individuals involved, the reporting party, other students involved in the incident, as well as any available facts, including the date, time, and location of the incident.
Upon receiving a report of alleged or possible discrimination, harassment, or sexual, or other related misconduct, CWI will evaluate the information received and determine what further actions should be taken. CWI will follow the procedures described in the applicable investigation and grievance procedure. For complaints alleging discrimination and harassment not meeting the definition of Sexual Harassment under Title IX, CWI will adhere to the CWI Investigation and Resolution Procedure. For Formal Complaints alleging conduct meeting the definition of Sexual Harassment under Title IX, CWI will follow the Title IX Grievance Procedure. CWI will provide information to both the Complainant and the responding party about the applicable procedure, as well as available health and advocacy resources and options for criminal reporting. CWI shall not wait for the conclusion of a criminal investigation or proceeding before commencing an investigation of a complaint under this policy. In cases involving a student respondent, withdrawal from CWI shall not be used as a method to avoid completion of the investigation. Allegations of discrimination or harassment against student respondents that do not meet the definition of Sexual Harassment under Title IX will be addressed under the Student Code of Conduct as appropriate.
In responding to allegations of Sexual Harassment under Title IX, the Title IX Coordinator will promptly contact the Complainant confidentially to discuss the availability of Supportive Measures, consider the Complainant’s wishes with respect to Supportive Measures, inform the Complainant of the availability of Supportive Measures (with or without filing a Formal Complaint), and explain to the Complainant the process for filing a Formal Complaint.
In responding to allegations which fall exclusively under Title VII, the Office of Human Resources will contact the complainant to discuss the report, and to explain the process to be utilized for resolution.
Sanctions and Corrective Action
Violations of this policy will be addressed through the applicable CWI investigation and grievance procedure. Consequences for violating this policy will depend upon the facts and circumstances of each particular situation. Sanctions and corrective action could include: a requirement not to repeat or continue the discriminatory, harassing, or retaliatory conduct, disciplinary action, a no-contact order, reassignment, suspension, or termination. The severity of sanctions or corrective action will depend on the frequency and severity of the offense and any history of past discriminatory, harassing, or retaliatory conduct. A finding of discrimination, harassment, or other conduct in violation of this policy may be cause for disciplinary action, up to and including the discharge of employees and the expulsion of students, in accordance with applicable CWI policies and procedures. CWI may also take appropriate action if it does not find discrimination or harassment but (i) CWI found that the Respondent engaged in disruptive behavior; or (ii) to prevent the creation of a hostile environment.
CWI will follow the Title IX Grievance Procedure before imposing any disciplinary sanctions or other actions that are not Supportive Measures against a student Respondent in addressing conduct that falls within the definition of Sexual Harassment under Title IX. Mutual restrictions on contact between the Complainant and the Respondent or other related Supportive Measures shall not be considered a disciplinary sanction against the Respondent. CWI may remove a student Respondent from the educational program or activity only after performing an individualized safety and risk analysis and determining that an immediate threat to the physical health or safety of any student or individual arising from the allegations of Sexual Harassment justifies removal. Immediately following the emergency removal, CWI will provide the Respondent with notice and an opportunity to challenge the decision. Nothing in this Policy shall limit CWI’s ability to place a non-student Respondent on administrative leave during the pendency of the Title IX Grievance Procedure.
Pursuant to applicable governing policies and procedures of the Idaho State Board of Education, if a student is suspended or expelled as the result of a violation of CWI’s Title IX policy, the action taken against the student shall be noted in the student’s education records and communicated to a subsequent institution at which the student seeks to enroll, provided that the institution or student has requested the student’s education record from CWI.
External Complaints
If you are a student and filed a complaint with the Title IX Coordinator and believe the response was inadequate, or you otherwise believe you have been discriminated or retaliated against by CWI, you may file a complaint with the Office for Civil Rights (OCR) of the U.S. Department of Education, the Idaho Human Rights Commission, or the Educational Opportunities Section (EOS) of the Civil Rights Division of the U.S. Department of Justice. If you are an employee and filed a complaint with CWI, or a designee, and believe the response was inadequate or you otherwise believe you have been discriminated or retaliated against by CWI, you may file a complaint with the Idaho Human Rights Commission or the Equal Employment Opportunity Commission.
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U.S. Department of Education Idaho Human Rights Educational OCR.Seattle@ed.gov inquiry@ihrc.idaho.gov education@usdoj.gov |
College-Wide & Legal Policies
- CW 000 - Respectful Community - Prohibition on Discrimination and Harassment
- CW 010 - Campus Speech
- CW 020 - Commercial Solicitation
- CW 030 - Tobacco Use Policy
- CW 040 - ADA and Reasonable Accommodation
- CW 050 - Protection Of Minors Policy
- CW 060 - Drone Use On Campus Policy
- CW 070 - International Travel Policy
- CW 080 - Intellectual Property and Copyright Policy
- CW 090 - Records Retention