Sexual Misconduct FAQ

Be supportive - Do not say things like "that doesn't sound like something they would say", "I've heard nothing but good things about them" "maybe they meant zyz", "oh they were probably joking". These are dismissal statements.

• The first step is to be supportive and respectful—you have been trusted with sensitive information that requires extreme vulnerability. Being supportive and respectful looks like this: “Thank you so much for trusting me with this information, I know that must have been difficult to share.” 
• Your language is very important. It is always inappropriate to make comments that imply that you have the authority and responsibility to identify the truth: statements like "that doesn't sound like something they would say", "I've heard nothing but good things about them" "maybe they meant xyz", and "oh they were probably joking" are dismissal statements. Statements such as “you wouldn’t be the first”, “she deserves what’s coming to her”, or even “I’m not surprised you experienced this” assume guilt. That is not your responsibility nor in your authority to determine—remember, you are there to be supportive and respectful of the person sharing this information with you and to help them navigate to their next steps.

• 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.

It’s a good idea to let people know that you are a responsible employee before they disclose to you, so that they can make an informed decision about whether or not you are the person they want to disclose to. Some best practices are below:

• if you have teaching responsibilities, consider reminding students at the beginning of the quarter that you are a responsible employee;
• “I want to make sure you know I’m a responsible employee, which means I have to inform the University when I learn that an incident of sexual misconduct has occurred. I’m really glad you feel comfortable talking to me, and I’d like to support you as best I can. If you don’t feel comfortable continuing to talk to me about your experience, I can help connect you with someone confidential who is not required to report to the University.”

• If it occurs at a university sanctioned event or activity then the University can investigate and provide resolution.
• Regardless of whether the incident occurred on campus or by a university affiliated individual, the Title IX Coordinator can provide information about support and resources available.

• Yes, anonymous reports are accepted but the university may not be able to offer resources or supportive measures to a Complainant if the Complainant’s name is not provided. Depending upon the seriousness of the allegations, the university may need to investigate to protect the community
• Employees of the university cannot report anonymously unless they are reporting discrimination or harassment they personally experienced, otherwise they must provide their name when reporting incidents others have shared with them. 
• If you yourself have experienced discrimination or harassment while participating in campus programs or activities, or if you are a support person helping someone who has experienced discrimination or harassment at the University, you can file an anonymous report here.
• If you are unsure whether you are ready to report, you can discuss your options with confidential or privileged resources. Learn more about Confidential Reporting Options.

Once a report is received by the Title IX Coordinator, the Complainant will be sent an outreach email containing information about their rights and options including how to file a formal complaint. 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. 

The Complainant has no obligation to respond to the outreach, but are encouraged to keep the information in case they change their mind in the future. 

See Submitting a report for further information or view the full procedure on the main Title IX/Equal Opportunity website.

No Contact Orders are one type of supportive measure offered by the Title IX Coordinator. It is a written order issued by the Title IX Coordinator which requires that the parties have no intentional contact with each other in person or electronically. They are not an indication that either individual has violated university policy, does not create a disciplinary record, and would not be reported externally. Internally, the information is limited to those with a legitimate purpose for receiving the information. No-Contact Orders are not the same as a court order and are not enforceable outside of university perimeter and/or programming.

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 may take the form of education on the consequences of the policy violation in lieu of punitive sanctions.

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. Individuals are not required to file a formal complaint in order to receive supportive measures, but they must provide sufficient details about their experience to the Title IX Coordinator so a determination can be made about what measures are appropriate. 

These actions may include, housing modifications, additional time for classroom assignments, or modifications to a Complainant’s work/class schedule, or the issuance of a university no contact order which requires that the parties do not have any intentional contact with each other. A university no contact order is not the same as a protection or harassment order (sometimes referred to a restraining order) that may be obtained through the courts. 

Violations of university no contact orders may result in further action as applicable, including possible suspension, expulsion, or termination from the University of Puget Sound for retaliation and/or failure to comply with the reasonable directives of campus officials.

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, 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.

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.

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.

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.

An Informal Resolution may be possible when:

• A Complainant has filed a Formal Complaint with the Title IX Coordinator;

and

• The parties voluntarily agree to resolve the matter through an alternate resolution mechanism such as mediation (either together or separately), usually before a formal investigation takes place;

or

• A Respondent accepts responsibility for violating policy, and desires to accept a sanction and end the resolution process (similar to above, but usually occurs post-investigation). It is not necessary to pursue Informal Resolution first in order to pursue a Formal Grievance Process, and any party participating in Informal Resolution can stop the process at any time and begin or resume the Formal Grievance Process. Prior to implementing Informal Resolution, the university will provide the parties with written notice of the reported misconduct and any sanctions or measures that may result from participating in Informal Resolution, including information regarding any records that will be maintained or shared by the university. The university will obtain voluntary, written confirmation that all parties wish to resolve the matter through Informal Resolution before proceeding and will not pressure the parties to participate in Informal Resolution.

All parties must consent to the use of an Informal Resolution mechanism.

The Title IX Coordinator may consider a number of factors in assessing whether Informal Resolution is appropriate and likely to lead to a successful resolution, such as:

1. Likelihood of potential resolution, considering any power inequality between the parties;
2. The parties’ motivation to participate;
3. Civility of the parties;
4. Results of any violence risk assessment/ongoing risk analysis, if applicable;
5. Disciplinary history;
6. Complaint complexity;
7. Emotional investment/capability of the parties;
8. Rationality of the parties; and
9. Goals of the parties;

The ultimate determination of whether Informal Resolution is available or successful is to be made by the Title IX Coordinator. The Title IX Coordinator maintains records of any resolution that is reached between the parties, and a party’s failure to abide by the resolution agreement may result in appropriate responsive/disciplinary actions.

When a resolution is accomplished, the Title IX Coordinator will ensure the appropriate sanction or responsive actions are promptly implemented in order to effectively stop the behavior, prevent its recurrence, and remedy the effects of the alleged conduct, both on Complainant and the community.

Results of complaints resolved by Informal Resolution are not appealable.

Informal Resolution is not available when Respondent is an employee and Complainant is a student.

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.