Interim Policy Prohibiting Sex-Based Discrimination, Sexual Harassment, and Sexual Misconduct

I. Policy Statement

The University of Puget Sound recognizes that sexual discrimination and harassment destroys the respect, dignity, and trust necessary to form a vibrant community. The university therefore prohibits all forms of sexual misconduct, including sexual harassment, sex-based discrimination, unwelcome sexual contact, sexual exploitation, stalking, intimate partner violence, and all other forms of nonconsensual sexual conduct (collectively, “sexual misconduct”). This policy is adopted to help ensure that University Community Members and Campus Visitors are able to learn, work, and participate in the university’s Education Programs and Activities free from sexual discrimination or harassment.

This policy is intended to meet and may generally exceed the requirements of applicable federal, state, and local laws. These laws include Title IX of the Education Amendments of 1972, a federal civil rights law that prohibits discrimination on the basis of sex in any Education Program or Activity that receives federal funding. Under Title IX, all students, faculty, and staff, regardless of gender, are protected from any sex-based discrimination, which includes sexual harassment or violence that is “so severe, pervasive, and objectively offensive that it effectively bars the victim’s access to an educational opportunity or benefit.” These laws also include Title VII of the Civil Rights Act, a federal law that prohibits sex discrimination or sexual harassment in employment. However, this policy does not provide a substitute procedure for redressing any person's legal rights, or create legal rights separate from applicable laws. Additionally, the university is not prevented by this policy from acting to remedy a problem that could also be remedied by resort to legal action. The university may take appropriate protective and administrative action even in situations where the Complainant is absent.

The emotional trauma experienced by survivors and its ripple effect throughout the Campus impedes the ability of Community Members to thrive and flourish. In addition to seeking to curb sexual discrimination and harassment, the policy is an effort to affirm the university’s care and fairness for all University Community Members. It seeks to preserve the university as a welcoming place for exploration, self-expression, and the deep work of learning.

Enforcement of this policy and reports of violations are to be fairly and impartially addressed by the Title IX Coordinator (or their designee). The expectation is that all University Community Members are participants and bear a shared responsibility for upholding these standards.

II. Coverage

This policy addresses alleged sex-based discrimination, sexual harassment, other sexual misconduct, and retaliation related to any of those allegations or complaints.

Violations of this policy that are reported, investigated, and adjudicated may result in corrective action up to, and including termination, dismissal, or expulsion. The university is committed to providing educational and preventative training programs regarding sex-based discrimination, sexual harassment, and other sexual misconduct and to providing a safe, accessible, and responsive reporting process.

The university has developed procedures that may be applied in accordance with this policy, found at https://www.pugetsound.edu/about/title-ix-eoo.

A. Jurisdiction of the University — General.

This policy applies to the Education Programs and Activities of the university, to employment actions at the university, to conduct that takes place on Campus or in University Buildings or other property owned or controlled by the university, at university-sponsored events, or in buildings owned or controlled by the university’s recognized student organizations. Additionally, these standards apply to the conduct of all University Community Members (students, faculty, and staff), as well as alumni, Campus Visitors, vendors, independent contractors, work-study employers, internship supervisors, prospective students, volunteers, and third parties, regardless of the sex, gender, sexual orientation, gender identity, or gender expression of any of the individuals involved.

This policy can also be applicable to off-Campus misconduct that effectively deprives someone of access to the university’s Education Programs or Activities or negatively affects their employment. The university may also extend jurisdiction to off-Campus and/or to online conduct when the Title IX Coordinator determines that the conduct affects a substantial university interest. A substantial university interest includes:

  1. Any action that constitutes a criminal offense as defined by law. This includes, but is not limited to, single or repeat violations of any local, state, or federal law;
  2. Any situation in which it is determined that the Respondent poses an immediate threat to the physical health or safety of any student or other individual;
  3. Any situation that significantly impinges upon the rights, property, or achievements of oneself or others or significantly breaches the peace and/or causes social disorder; and/or
  4. Any situation that is detrimental to the educational interests or mission of the university.

B. Jurisdiction of the University — Additional Circumstances.

Regardless of where the conduct occurred, the university will address notice/complaints to determine whether the conduct occurred in the context of its employment or Education Program or Activities and/or has continuing effects on Campus or in an off-Campus university-sponsored program or activity.

When the Respondent is a University Community Member, a grievance process may be available regardless of the status of the Complainant, who may or may not be a University Community Member.

If the Respondent is unknown or is not a University Community Member, the grievance process will not be available. However, the Title IX Coordinator will assist the Complainant in identifying appropriate Campus and local resources and support options and/or, when criminal conduct is alleged, in contacting local or Campus law enforcement if the individual would like to file a police report.

Further, even when the Respondent is not a University Community Member, supportive measures, remedies, and resources may be accessible to the Complainant by contacting the Title IX Coordinator.

In addition, the university may consider implementing other actions as appropriate to protect the Complainant or other University Community Members from third parties, such as barring individuals from university property and/or events.

When the Respondent is enrolled in or employed by another institution of higher education or outside organization, the Title IX Coordinator can assist the Complainant in contacting the appropriate individual at that institution of higher education or organization, as it may be possible to allege violations through that institution’s or organization’s policies.

Similarly, the Title IX Coordinator may be able to assist and support a Complainant who experiences sexual harassment or retaliation in an externship, study abroad program, or other environment external to the university where sexual harassment policies and procedures of the facilitating or host organization may give recourse to the Complainant.

III. Definitions
Definitions for terms used in this policy—as well as terms used in the procedures associated with the policy—can be found in a separate glossary.

IV. Prohibited Behaviors

A. Sexual harassment.
Sexual harassment is defined as conduct on the basis of sex or that is sexual—regardless of the sex, sexual orientation, and/or gender identity of those involved—that satisfies one or more of the following:

  1. Hostile Environment Sexual Harassment: Unwelcome conduct determined by a Reasonable Person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the university’s Education Programs or Activities, creates a hostile or offensive work environment, or results in a negative employment action (such as a demotion or termination).
  2. Quid Pro Quo Sexual Harassment: A University Community Member implicitly or explicitly conditioning the provision of an aid, benefit, or service of the university on an individual’s participation in unwelcome sexual conduct.
  3. Sexual Assault, defined as:
    • Sex Offenses, Forcible: Any sexual act directed against the Complainant without the consent of the Complainant, including instances in which the Complainant is incapable of giving consent.
    • Sex Offenses, Non-Forcible:
      • Incest: Non-forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by the State of Washington or as otherwise statutorily defined by the State of Washington.
      • Statutory Rape: Non-forcible sexual intercourse, with a person who is under the statutory age of consent in the State of Washington.
  4. Dating Violence: Violence on the basis of sex committed by a person who is in or has been in a social relationship of a romantic or intimate nature with the Complainant.
  5. Domestic Violence: Violence on the basis of sex committed by any of the following:
    • A current or former spouse or intimate partner of the Complainant;
    • A person with whom the Complainant shares a child in common;
    • A person who is cohabitating with, or has cohabitated with, the Complainant as a spouse or intimate partner;
    • A person similarly situated to a spouse of the Complainant under the domestic or family violence laws of Washington State; or
    • Any other person against an adult or youth Complainant who is protected from that
      person’s acts under the domestic or family violence laws of Washington State.
  6. Stalking: Engaging in a course of conduct on the basis of sex, directed at a specific person, that would cause a Reasonable Person to fear for their own safety or the safety of others; or to suffer substantial emotional distress.

B. Other Sex-Based Offenses; Sexual Misconduct:
In addition to the forms of sexual harassment described above, the university additionally prohibits the following offenses as forms of discrimination when the act is based upon the Complainant’s actual or perceived sex.

  1. Sexual Exploitation, defined as taking non-consensual or abusive sexual advantage of another for their own benefit or for the benefit of anyone other than the person being exploited, and that conduct does not otherwise constitute sexual harassment under this policy.
  2. Threatening or causing physical harm, extreme verbal, emotional, or psychological abuse, or other conduct which threatens or endangers the health or safety of any person; and
  3. Intimidation, defined as implied threats or acts that cause an unreasonable fear of harm in another.

C. Prohibited Relationships:

The university prohibits any intimate relations between a faculty member and a student. The university also prohibits intimate relations between a staff member and a student whenever the staff member is in a position of professional responsibility with respect to the student.

Intimate relations are defined as occurring when romantic or sexual contact, or inappropriate personal attention, is established between one person or persons and another person or persons. Such contact may be a single instance or it may involve an ongoing pattern of contact. This policy should not be understood as prohibiting friendship or mentorship of a platonic nature.

All members of the faculty are by default considered to be in a supervisory role with students. Pre-existing, on-going intimate relationships between a faculty member and someone who is enrolling at the university should be disclosed to the Title IX Coordinator.

In accord with the university’s conflict of interest provisions, this policy prohibits faculty or staff members from exercising supervisory responsibility with respect to another faculty or staff member with whom they are involved in an intimate relationship. A faculty or staff member who enters into an intimate relationship with a subordinate is required to promptly disclose the relationship to appropriate supervisor(s) or department head(s) so that reassignment, alternative supervision processes, or other arrangements can be facilitated and documented.
The Title IX Coordinator may investigate any reported prohibited relationship as an alleged violation of this policy.

D. Other Violations:
Violation of any other university policies may constitute an offense under this policy when a violation is motivated by the Complainant's actual or perceived sex, and the result is a discriminatory limitation or denial of employment or educational access, benefits, or opportunities.

V. Retaliation Prohibited
The university and all University Community Members are prohibited from taking materially adverse action against a person engaged in protected activity under this policy.  Prohibited acts include intimidating, threatening, coercing, harassing, or discriminating against any individual for the purpose of interfering with any right 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.

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.

Acts of alleged retaliation should be reported immediately to the Title IX Coordinator and will be promptly investigated. The university will take all appropriate and available steps to protect individuals who fear that they may be subjected to retaliation.

The exercise of rights protected under the First Amendment does not constitute retaliation.

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, provided that a determination regarding responsibility, alone, is not sufficient to conclude that any party has made a materially false statement in bad faith.

VI. How to Report Prohibited Behavior or Seek Information About the Policy
Complaints or notice of alleged policy violations, or inquiries about or concerns regarding this policy and procedures, should be made internally to:

Sandra Braedt, Title IX Coordinator/Equal Opportunity Officer
1500 N Warner St
Tacoma, WA 98416
Telephone: 253.879.3793
Email: titleix-eoo@pugetsound.edu
Website: pugetsound.edu/report

Notice or complaints of sex-based discrimination, sexual harassment, other sexual misconduct, or retaliation may be made using any of the following options:

A. File a complaint with, or give verbal notice to, the Title IX Coordinator listed above. Such a report may be made at any time (including during non-business hours) by using the telephone number or email address, or by mail to the office address, listed for the Title IX Coordinator.

B. Report online, using the reporting form posted at pugetsound.edu/report. Anonymous reports are accepted but can give rise to a need to investigate. The university tries to provide supportive measures to all Complainants, which may be impossible if the Complainant's name is not provided. Because reporting carries no obligation to initiate a formal response, and as the university respects Complainants’ requests to not proceed, unless there is a compelling threat to health and/or safety or other substantial university interest, the Complainant is largely in control and should not fear a loss of privacy by making a report that allows the university to discuss and/or provide supportive measures.

VII. Amnesty for Parties and Witnesses
To encourage reporting and participation in the process, the university maintains a policy of offering parties and witnesses amnesty from minor policy violations – such as underage consumption of alcohol or the use of illicit drugs – related to the incident. Amnesty does not apply to more serious allegations such as physical abuse of another or illicit drug distribution. Amnesty make take the form of education on the consequences of the policy violation in lieu of punitive sanctions.

VIII. Employees’ Reporting Requirements and Exemptions

A. Officials with Authority – Required to Report All Relevant Information to Title IX Coordinator.

If a university Official with Authority becomes aware of complaints of sex-based discrimination, sexual harassment, or other sexual misconduct, the university is considered to have actual notice and must respond appropriately. Officials with Authority are those university employees who have the ability to address and correct prohibited behaviors and/or retaliation, and include the President, the Provost, Vice Presidents, the Associate Vice President for Human Resources, the Title IX Coordinator/Equal Opportunity Officer, and academic chairs or department heads for their respective departments.

An Official with Authority who becomes aware of prohibited conduct under this policy involving a University Community Member cannot maintain the confidentiality of the reporting party and must promptly notify the Title IX Coordinator and provide all relevant information.

B. Responsible Employees – Expected to Report All Relevant Information to Title IX Coordinator.

The university has classified most employees as Responsible Employees, which means they are expected to promptly report to the Title IX Coordinator any knowledge they have that a University Community Member is experiencing sex-based discrimination, sexual harassment, other sexual misconduct, or retaliation; however, Responsible Employees are not required to report information disclosed at public awareness events (such as “Take Back the Night,” protests, “survivor speak-outs,” or other public forums in which students or employees may disclose incidents of prohibited conduct).

Responsible Employees include all university faculty and staff, with the exception of those identified as a confidential or privileged resource. Student staff and student leaders are not considered Responsible Employees while performing in these roles unless their job descriptions or student leadership agreements specifically identify this responsibility.

Responsible Employees should make every effort to ensure that the reporting party understands their reporting obligations.

When someone discloses or reports conduct prohibited under this policy to a Responsible Employee, the Responsible Employee is expected to promptly report all known details to the Title IX Coordinator. Details include but are not limited to the following: the names of all parties involved; the date(s), time(s) and specific location(s) of the alleged sexual misconduct; and a description of the incident(s). The information reported to a Responsible Employee will be shared only with those responsible for handling the university’s response to the report or those who have a need to know. Complainants or other reporting parties are urged to file a report directly with the Title IX Coordinator using one of the options above.

C. Confidential Resources – Required to Report only Non-identifying Information to Clery
Coordinator; No Report to Title IX Coordinator.

A Confidential Resource is someone identified by this policy who is not required to report identifying information to the Title IX Coordinator about prohibited conduct under this policy but who must report non-identifying information to the Clery Coordinator for federal Clery Act (campus crime) reporting purposes. A person disclosing an incident must understand that if disclosures are made to a Confidential Resource, no report to the Title IX Coordinator will occur and therefore no supportive measures, investigation, resolution, or sanctions can take place unless it is separately reported to the Title IX Coordinator, an Official with Authority, or a Responsible Employee. A reporting party who works with a Confidential Resource may also decide to file a report with the university and/or report the incident to local law enforcement and may choose to participate in an investigation.

The following individuals have been designated as Confidential Resources and have the obligation to report only non-identifying information about conduct prohibited by this policy to the Title IX Coordinator:

Marta Cady, Associate Dean of Students for Student Support
3219 N. 13th Street (“the Yellow House”)
Office: 253.879.3365
Mobile: 253.297.6486
Email: martacady@pugetsound.edu

Peer Allies
Email: peerallies@pugetsound.edu
Website: facebook.com/pugetsoundpeerallies

The university has designated student members of Peer Allies as individuals who can talk with students impacted by sexual misconduct in a private manner. Peer Allies must report all information to the Associate Dean of Students for Student Support, who will report information to the Clery Coordinator for federal Clery Act reporting. Information provided to the Clery Coordinator will exclude identifying information of both the parties involved and the reporting party.

For faculty:
Faculty Ombudsperson
Email: ombuds@pugetsound.edu

For staff:
Angela Hill, Human Resources Coordinator
Email: ahill@pugetsound.edu

D. Privileged Resources – No Report to Clery Coordinator or Title IX Coordinator.
A Privileged Resource is someone who is not required to report any information about any conduct prohibited under this policy to the Clery Coordinator or the Title IX Coordinator as long as the Privileged Resource received the information while performing in their official capacity (though they may still be required by law to report information to law enforcement in certain circumstances):

Counseling, Health, and Wellness Services (CHWS)
Wheelock Student Center #216
Telephone: 253.879.1555
Email: chws@pugetsound.edu
Website: pugetsound.edu/student-life/counseling-health-and-wellness

Dave Wright, University Chaplain
Wheelock Student Center #219
Telephone: 253.879.3818
Email: dwright@pugetsound.edu

Employee Assistance Program
Website: https://www.pugetsound.edu/about/offices-services/humanresources/benefits/wellness-benefits/employee-assistance-program-eap

E. External Reporting Options.
Individuals can also report conduct prohibited under this policy to the appropriate external agency or agencies. These include:

For complaints related to Education Programs and Activities:
Office for Civil Rights (OCR)
400 Maryland Avenue, SW
Washington, DC 20202
Customer Service Hotline: 800.421.3481
Fax: 202.453.6012
TDD: 877.521.2172
Email: ocr@ed.gov
Website: http://www.ed.gov/ocr

U.S. Department of Education
915 Second Avenue, Room 3310
Seattle, WA 98174
Telephone: 206.607.1600
Fax: 206.607.1601
Email: ocr.seattle@ed.gov

For complaints related to Employment:
Equal Employment Opportunity Commission (EEOC)
909 First Avenue, Suite 400
Seattle, WA 98104
Telephone: 800.669.4000
Fax: 206.220.6911
TTY: 800.669.6820
ASL Video Phone: 844.234.5122

Washington Human Rights Commission
711 S Capitol Way, Suite 402
Olympia, WA 98504
Telephone: 800.233.3247
Website: https://www.hum.wa.gov

IX. No Time Limits on Reporting
There is no time limitation on providing notice/complaints to the Title IX Coordinator. However, if the Respondent is no longer subject to the university’s jurisdiction and/or significant time has passed, the ability to investigate, respond, and provide remedies may be more limited or impossible.

Acting on notice/complaints significantly impacted by the passage of time (including, but not limited to, the rescission or revision of policy) is at the discretion of the Title IX Coordinator, who may document allegations for future reference, offer supportive measures and/or remedies, and/or engage in informal or formal action, as appropriate.

When notice/complaint is affected by significant time delay, the university will typically apply the policy and procedures in place at the time of notice/complaint.

X. Consequences for False Reports
An intentionally false complaint will also constitute a violation of this policy and may subject the offender to disciplinary action. A complaint is not considered to be falsely reported merely because the evidence does not suffice to support a formal charge or finding of responsibility. All Respondents are considered not responsible for the reported misconduct unless and until the evidence supports a different determination.

XI. Independence of the Title IX Coordinator
The Title IX Coordinator acts with independence and authority free from bias and conflicts of interest. The Title IX Coordinator oversees all resolutions under this policy and these procedures.

Reports of misconduct, bias, or potential conflict of interest committed by the Title IX Coordinator should be reported to:

Uchenna Baker, Ph.D., Vice President for Student Affairs and Dean of Students
Telephone: 253.879.3360
Email: ubaker@pugetsound.edu

XII. Expectation that the University will Promptly Respond to and Address Complaints
All complaints 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.

Any time the general timeframes for resolution outlined in the university’s procedure 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.

XIII. Privacy of Reports
Every effort is made by the university to preserve the privacy of reports. The university will not share the identity of any individual who has made a report or complaint of sex-based discrimination, sexual harassment, other sexual misconduct, or retaliation; any Complainant, any individual who has been reported to be the perpetrator of sexual harassment or retaliation, any Respondent, or any witness, except as permitted by the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. 1232g; FERPA regulations, 34 CFR part 99; or as required by law; or to carry out the purposes of 34 CFR Part 106, including the conducting of any investigation, hearing, or grievance proceeding arising under these policies and procedures or as consistent with State law and university policies and practices regarding personnel privacy.

The university reserves the right to determine which university officials have a legitimate educational interest in being informed about student-related incidents that fall within this policy, pursuant to the Family Educational Rights and Privacy Act (FERPA).

Only those officials who may need to know will typically be told about the complaint, including but not limited to: Student Rights and Responsibilities, Campus Safety, the Threat Assessment and Behavioral Intervention Team (TABIT), Human Resources, Resident Directors, and/or an employee's supervisors. If a formal complaint progresses to an investigation, information will be shared as necessary with investigators, hearing officers or other decision-makers, witnesses, and the parties.

The university may contact parents/guardians to inform them of situations in which there is a significant and articulable health and/or safety risk to their student(s) but will usually consult with the student(s) first before doing so.

Confidentiality and mandated reporting requirements are addressed more specifically in Section VI above.

XIV. Supportive Measures
The university will offer and implement appropriate and reasonable supportive measures to the parties upon notice of alleged violations of this policy, regardless of whether a formal complaint is filed.

Supportive measures are non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the parties. These measures are intended to restore or preserve access to the university’s Education Programs or Activities, including measures designed to protect the safety of all parties or the university’s educational environment, and/or deter sexual harassment and retaliation.

The Title IX Coordinator promptly makes 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 with the university either at that time or in the future, if they have not done so already.

The Title IX Coordinator works with the Complainant to ensure that their wishes are considered with respect to the supportive measures that are planned and implemented.

The university will maintain the privacy of the supportive measures, provided that privacy does not impair the university’s ability to provide the supportive measures. The university will act to ensure as minimal impact on the parties as possible.

The university will implement measures in a way that does not unreasonably burden the other party.

These actions may include, housing modifications, additional time for classroom assignments, or modifications to your work/class schedule.

Violations of no contact orders will be referred to appropriate student or employee conduct processes for enforcement.

XV. Effective Date
This policy is effective as of August 14, 2020 and supersedes the Campus Policy on Prohibited Sexual Misconduct as of that date.

XVI. Related Statutes, Regulations, and Policies

Policy Owner: Title IX Coordinator
Date Adopted: August 14, 2020

 

FOOTNOTES
1 Unwelcomeness is subjective and determined by the Complainant (except when the Complainant is younger than the age of consent). Severity, pervasiveness, and objective offensiveness are evaluated based on the totality of the circumstances from the perspective of a Reasonable Person, including the context in which the alleged incident occurred and any similar, previous patterns that may be evidenced.

2 The university has adopted a broader definition of quid pro quo sexual harassment than the Department of Education’s definition under Title IX, which requires the Respondent be a university employee. Any complaint against a non-employee Respondent will be dismissed for the purposes of Title IX but may nevertheless proceed as prohibited sexual harassment under this broader definition. Moreover, Title IX may still apply to quid pro quo sexual harassment by someone other than an employee if it also satisfies the requirements for hostile environment sexual harassment.

3 Sexual acts include forcible fondling, forcible rape, forcible sodomy and sexual assault with an object as defined in the glossary for this policy. Sexual acts also include a Respondent compelling a Complainant to touch the Respondent sexually, whether forcibly or without the Complainant’s consent.

4 Consent is a clear and unambiguous agreement, expressed outwardly through mutually understandable words and/or actions, to engage in a particular activity. A more comprehensive definition can be found in the glossary for this policy.

5 Incapacitation occurs when someone cannot make rational, reasonable decisions because they lack the capacity to give knowing/informed consent. A more comprehensive definition can be found in the glossary for this policy.

6 The existence of such a relationship shall be determined based on the Complainant’s statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. Dating Violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse. It does not include acts covered under the definition of Domestic Violence.

7 To categorize an incident as Domestic Violence, the relationship between the Respondent and the Complainant must be more than just two people living together as roommates. The people cohabitating must be current or former spouses or have an intimate relationship.

8 For the purposes of this definition, “course of conduct” means two or more acts, including, but not limited to, acts in which the Respondent directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property.

9 For the purposes of this definition, “substantial emotional distress” means significant mental suffering or anguish that may but does not necessarily require medical or other professional treatment or counseling.