Definitions

Actual Knowledge: Notice of sexual harassment or allegations of sexual harassment to the University’s Title IX Coordinator or any official of the University who has authority to institute corrective measures on behalf of the recipient.

Amnesty: A student making a report to the Title IX Coordinator, or someone who assists another in making a report, may be eligible for Amnesty for drug or alcohol related violations or violations related to trespassing or unauthorized entry of school facilities, or other violations of the Student Code of Conduct that occurred on or around the same time as the incident or that was in connection with the incident, unless that misconduct threatens the health or safety of another or constitutes an egregious violation. A student will not be disciplined for violations of the University’s drug and alcohol policies that occurred in connection with the disclosed prohibited conduct that were discovered as a result of a prohibited conduct disclosure or investigation unless the student gave another person alcohol or drugs without the person’s knowledge and with the intent of causing the person to become incapacitated and vulnerable to the prohibited conduct.

Coercion/Force: Consent cannot be procured by physical force, compulsion, threats, intimidating behavior, or coercion. Sexual activity accompanied by coercion or force is not consensual.

Coercion refers to unreasonable pressure for sexual activity. When someone makes it clear that they do not want to engage in sexual activity or do not want to go beyond a certain point of sexual interaction, continued pressure beyond that point can be considered coercive. Coercion can involve pressure, manipulation, substances, or force. Ignoring objections of another person is a form of coercion.

Force refers to the use of physical violence or imposing on someone physically to engage in sexual contact or intercourse. Force can also include threats, intimidation (implied threats), or coercion used to overcome resistance.

Complainant: Any individual who has reported being or is alleged to be impacted by Prohibited Conduct as defined by this policy, and who was participating in a University program or activity at the time of the alleged misconduct.

Confidential Resources: any individual identified by the University who receives information about conduct prohibited under this policy in their confidential capacity and who are privileged under state law will not report prohibited conduct disclosed to them without written consent. Designation as a confidential resource under this policy only exempts such individuals from disclosure to the Title IX Coordinator. It does not affect other mandatory reporting obligations under state child abuse reporting laws, the Clery Act as a campus security authority, or other laws that require reporting to campus or local law enforcement.

Consent: Knowing, voluntary and mutual decision among all participants to engage in sexual activity, expressed in words or actions. For consent to be valid, there must be a clear expression in words or actions that the other individual consented to that specific sexual conduct with that person or people.

Individuals may experience the same interaction in different ways. Therefore, each party is responsible for determining that the other has consented before engaging in the activity. If consent is not clearly provided prior to engaging in the activity, consent may be ratified by word or action at some point during the interaction or thereafter, but clear communication from the outset is strongly encouraged.

Consent to some sexual contact (such as kissing or fondling) cannot be presumed to be consent for other sexual activity (such as intercourse). Past consent does not imply future consent. A current or previous dating relationship is not sufficient to constitute consent.

The existence of consent is based on the totality of the circumstances, evaluated from the perspective of a reasonable person in the same or similar circumstances, including the context in which the alleged incident occurred. Silence or the absence of resistance alone is not consent. In Oregon, a minor (meaning a person under the age of 18 years) cannot consent to sexual activity except in limited circumstances dictated by law.

Consent can be withdrawn at any time during sexual activity through reasonable and clear communications through words or actions. When consent is withdrawn, sexual activity must stop.

Consent cannot be given if any of the following are present: Incapacitation, Force, or Coercion.

Days: Business days when the University is open.

Decision-maker: Trained professional designated by the University to decide responsibility, sanction, or appeals. A Decisionmaker may be one person, or a panel of multiple people as determined by the University.

Employee: A part-time or full-time faculty member, instructor, administrative staff member, or hourly staff member. For this policy's purposes, full-time or part-time students working in a student employment job at the University are defined as students rather than employees.

Education Program or Activity: University’s “education program or activity” includes all campus operations, including off-campus settings that are operated or overseen by the University, including, for example, field trips, online classes, and athletic programs; conduct subject to the University’s disciplinary authority that occurs off-campus; conduct that takes place via University-sponsored electronic devices, computer and internet networks and digital platforms operated by, or used in the operations of, the University. Conduct that occurs outside of the education program or activity may contribute to a hostile environment within the program or activity.

Finding: A written conclusion by a preponderance of the evidence, issued by an Investigator, that the conduct did or did not occur as alleged.

Formal Complaint: A document filed by a Complainant or signed by the Title IX Coordinator alleging Prohibited Conduct against a Respondent and requesting that Linfield University initiate a resolution process under this policy.

Incapacitation: Occurs when someone cannot make rational, reasonable decisions because they lack the capacity to give knowing and informed consent (e.g., to understand the “who, what, when, where, why, and how” of their sexual interaction). Incapacitation is determined through consideration of all relevant indicators of a person’s state and is not synonymous with intoxication, impairment, or being under the influence of drugs or alcohol. This policy also covers a person whose incapacity results from temporary or permanent physical or mental health condition, involuntary physical restraint, and/or the consumption of incapacitating drugs, or who are sleeping.

Under this policy, the University will consider whether a Respondent knew or should have known the Complainant to be incapacitated, based on an objective, reasonable person standard that assumes the reasonable person is both sober and exercising sound judgment. The fact that the Respondent was unaware of the Complainant ’s incapacity due to the Respondent’s own drug or alcohol use shall not be considered as an excuse.

No-Contact Directive: A No-Contact Directive is a document issued by a University administrator that is designed to limit or prohibit contact or communications between the Parties. A No-Contact Directive will be mutual between Parties.

Notice: All notices under this policy are written and sent to the student or employee’s assigned University email address.

Party/Parties: Referring to Complainant (s), Respondent(s), or both/all Complainant (s) and Respondent(s).

Process Advisor: Each party has the right to choose and consult with a Process Advisor of their choice at their own expense. The Process Advisor may be any person, including a friend, family member, therapist, union representative, or an attorney. the University will not limit their choice of Process Advisor. Parties in this process may be accompanied by a Process Advisor of choice to any meeting or proceeding to which they are required or are eligible to attend.

Except where explicitly stated by this policy, Process Advisors shall not participate directly in the process. University will provide the Parties equal access to Process Advisors; any restrictions on Process Advisor participation will be applied equally.

The Process Advisor may not represent, advocate, or speak on behalf of a Complainant or Respondent. A Process Advisor may not disrupt or impede any resolution proceeding.

Remedies: Measures provided, as appropriate, to a Complainant or any other person the University identifies as having had their equal access to the University’s education program or activity limited or denied by sex discrimination or other prohibited conduct covered by this policy. These measures are provided to restore or preserve that person’s access to the education program or activity after a University determines that sex discrimination occurred. Only the Complainant will be informed of any remedies pertaining to them. Some examples are academic support and/or opportunity to retake a class or resubmit work or time extensions on course or degree completion, or non-academic support such as counseling, or changes to work assignments or locations. The Title IX Coordinator is responsible for the implementation of remedies.

Report: A report of an alleged incident of Prohibited Conduct to the Title IX Coordinator or an official of the University with authority to institute corrective measures on behalf of the University.

Respondent: an individual, or group of individuals such as a student organization, who has been reported to be the perpetrator of conduct that could constitute Prohibited Conduct under this policy; or retaliation for engaging in a protected activity.

Sanctions: One or more of the sanctions or disciplinary steps listed here may be imposed on a Respondent who is found responsible for a violation of University’s policies. Sanctions or disciplinary steps not listed here may be imposed in consultation with the Title IX Coordinator.

The form of sanction or discipline used depends on the offense and any prior disciplinary history. Such discipline or sanction will be imposed pursuant to and in accordance with all applicable University rules, policies, and procedures. Factors considered when determining a sanction/responsive action may include:

The nature, severity of, and circumstances surrounding the violation.

• An individual's disciplinary history.
• Previous resolutions or allegations involving similar conduct.
• The need for sanctions/responsive actions to bring an end to the sex discrimination or retaliation.
• The need for sanctions/responsive actions to prevent the future recurrence of sex discrimination or retaliation.
• The need to remedy the effects of the sex discrimination or retaliation on the victim and the campus community.

Student: All persons taking courses at Linfield, either full-time, part-time or online. Persons who withdraw after allegedly violating the Student Code of Conduct, who are not officially enrolled for a particular term but who have a continuing relationship with Linfield, or who have been notified of their acceptance for admission are considered “students” as are persons who are living in Linfield University Housing, although not enrolled in Linfield. 

Consensual Relationship and Conflicts of Interest  

The University prohibits sexual or romantic relationships between any University employee and a student or between any supervisor and a subordinate, even when the Parties have consented to enter such a relationship. In the University context, such positions include but are not limited to faculty and student, supervisor and employee, senior faculty and junior faculty, Process Advisor and advisee, coach and athlete, and individuals supervising the day-to-day student living environment and student residents.

Exclusions and Clarifications: 

• Relationships between individuals married to each other or in a domestic partnership are exempt from this policy.
• A part-time student employee of the University in a consensual relationship with another student is exempt from the above policy. 
• This policy does not apply to a supervisor and a non-student employee who is not a subordinate, but the relationship must be reported to the Office of Human Resources.
• A student who within one year after graduation becomes employed by the University and is dating a student at the time of employment offer is not expected to end that relationship unless the job responsibilities include supervision, instruction, counseling, coaching or advising. This includes any position where the employee has authority over the student in the decision of any matter that may directly affect the academic status, evaluation, employment or promotion of a student. When such a pre-existing relationship exists, the new employee must notify their immediate supervisor and the Director of Human Resources at the time of their employment. If the pre-existing relationship ends, the employee is subject to this policy and is prohibited from entering other romantic relationships with students.

Prohibited Conduct  

Sexual Harassment

Sexual harassment is a form of sex discrimination and means conduct on the basis of sex that satisfies one or more of the following, which are each defined below as Prohibited Conduct under this policy:

• Quid Pro Quo Harassment
• Hostile Environment Harassment
• Sexual assault, dating violence, domestic violence, or stalking.

Quid Pro Quo Harassment

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature by a person having power or authority over another constitutes sexual harassment when submission to such sexual conduct is made either explicitly or implicitly as a term or condition of rating or evaluating an individual's educational or employment progress, development, or performance.

Hostile Environment 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 program or activity.

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:
   1. The length of the relationship.
   2. The type of relationship.
   3. The frequency of interaction between the persons involved in the relationship.

Domestic Violence

Felony or misdemeanor crimes committed by a current or former spouse or intimate partner of the victim under the family or domestic violence laws of the jurisdiction receiving grant funding and, in the case of victim services, includes the use or attempted use of physical abuse or sexual abuse, or a pattern of any other coercive behavior committed, enabled, or solicited to gain or maintain power and control over a victim, including verbal, psychological, economic, or technological abuse that may or may not constitute criminal behavior, by a person who—

1. is a current or former spouse or intimate partner of the victim, or person similarly situated to a spouse of the victim;
2. is cohabitating, or has cohabitated, with the victim as a spouse or intimate partner;
3. shares a child in common with the victim; or
4. commits acts against a youth or adult victim who is protected from those acts under the family or domestic violence laws of the jurisdiction.  

Sexual Assault

Any sexual act directed against another person, without the consent of the victim including instances where the victim is incapable of giving consent. This specifically covers the violations of rape, fondling, incest, and statutory rape:

1. Rape: The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.
2. Fondling: The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental incapacity.
3. Incest: Non forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
4. Statutory Rape: Non forcible sexual intercourse with a person who is under the statutory age of consent.

Stalking

Engaging in a course of conduct directed at a specific person that would cause a reasonable person to—

1. fear for his or her safety or the safety of others; or
2. suffer substantial emotional distress.  

Under this policy, substantial emotional distress is defined as significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.

Course of conduct means two or more instances including but not limited to unwelcome acts in which an individual 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. Substantial emotional distress means significant mental suffering or anguish. Stalking includes the concept of cyber-stalking, a particular form of stalking in which electronic media such as the internet, social networks, blogs, cell phones, texts, or other similar devices or forms of contact are used to pursue, harass, or to make unwelcome contact with another person in an unsolicited fashion.

Retaliation

Retaliation is any action to intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by this policy. The prohibition against retaliation applies to any individual who has made a report or complaint of sex discrimination, including any individual who has made a report or filed a formal complaint of sexual harassment, any Reporting Party, any individual who has been reported to be the perpetrator of sex discrimination, any Respondent, any witness, or any other individuals who participate (or refuse to participate) in any manner in an investigation, proceeding, or hearing.

Retaliation may occur even where there is a finding of “not responsible” under this Policy. Good faith actions lawfully pursued in response to a report of Prohibited Conduct are not Retaliation. Retaliation should be promptly reported to the Title IX Coordinator and will be investigated and resolved by Human Resources or Student Conduct, as applicable.

Attempted Violations

In most circumstances, the University will treat attempts to commit any of the violations listed in this policy as if those attempts had been completed. Evidence of an attempt could include, but is not limited to, statements containing an imminent threat, physical behavior such as aggression or removal of clothing, threatening pursuit, or intention to incapacitate.

Reporting to Law Enforcement  

Reporting Parties may file reports with the University and local law enforcement. The University will not require someone to speak with law enforcement officials but strongly recommends that all Reporting Parties who have experienced a criminal offense report to local law enforcement agencies.

If there is a criminal process occurring simultaneously to the University process, evidence and/or other information may exist in the criminal process that is not available to the University. The University is not able to obtain evidence and/or other information from local law enforcement or the prosecutor unless Public Record laws or other laws allow for evidence and/or information to be released. Most evidence and/or information from criminal proceedings will not be made available to the University until after criminal proceedings are concluded, and some evidence and/or information may never be made available to the University.

The filing and process for addressing sexual harassment with a law enforcement entity is a separate process than the University’s process. In most cases, the University will not wait for a conclusion from local law enforcement for any criminal investigation or impending court proceedings, except in cases where the University temporarily delays its investigation while criminal investigators gather evidence. Law enforcement’s determination of whether to initiate prosecution will hold no weight on the University’s decision to charge a Respondent through the University’s resolution process.

A Complainant always has the right to seek a restraining order or similar no-contact/protective order from the police. The University will make reasonable efforts to enforce all protective and restraining orders regardless of who issues them. Enforcement of these orders by the University will begin upon notification and receipt of documentation of their existence. 

Should either party wish to cooperate with local law enforcement in a criminal investigation pertaining to a matter of sexual harassment, they may do so under the guidance of the appropriate legal authority(ies) without fear of penalty by the University for violating a no contact order issued by the University. 

Policy

Supportive Measures

Non-disciplinary, non-punitive individualized services are 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 are meant to restore or preserve equal access to the University’s education program or activity without unreasonably burdening the other party, including measures designed to protect the safety of all Parties or the University’s educational environment, or deter sexual harassment.

Supportive measures include, but are not limited to: 

•     Counseling and/or medical referrals
•     Extensions of deadlines or other course related adjustments
•     Modifications to work or class schedules
•     Campus escort services
•     No Contact Orders
•     Modifications to work or housing locations
•     Leaves of absence
•     Increased monitoring of areas of campus

 The University will provide other accommodation when it is reasonably available.

The University’s Title IX staff are responsible for coordinating supportive measures. The University will maintain confidentiality of supportive measures provided to the Complainant or Respondent to the extent that maintaining confidentiality would not impair the University’s ability to provide the support.

The grievance process treats Reporting Parties and Responding Parties equitably by following the grievance process before the imposition of any disciplinary sanctions or other actions that are not supportive measures and by providing remedies to a Complainant where a determination of responsibility for sexual harassment has been made against the Respondent.

GPA Waiver Policy

The University maintains a GPA Waiver Policy. Students who experienced sexual misconduct may also seek waivers from the GPA requirements related to participating in an institution-sponsored program or activity. Contact the Title IX Coordinator for information on how to seek a waiver.

Rights of Parties

After the filing of a formal complaint, the Complainant and Respondent, have the right to:

1. Written notice of date, time, location, participants and purpose of all hearings, investigative interviews, or other meetings related to this procedure.
2. A Process Advisor of their choosing who can be, but is not required to be an attorney, accompany them to any hearings, investigative interviews, or other meetings related to this procedure.
3. Inspect and review evidence obtained as part of the investigation that is directly related to the allegations raised in a formal complaint.
4. Equal opportunity for the Parties to present witnesses, including fact and expert witnesses, and other inculpatory and exculpatory evidence to the investigator and at the hearing.
5. Confidentiality of any records that are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional in connection with the provision of treatment to the Complainant or Respondent, unless the Complainant or Respondent provides voluntary, written consent for their use.
6. Access to process counseling and supportive services promptly after a disclosure is made and/or a formal complaint is filed.
7. Regarding the Respondent, no disciplinary remedies or sanctions being taken until there is a finding of responsibility after the completion of these procedures. This does not preclude the University from taking separate interim measures related to campus safety as described herein.

Responsibilities of the University

During these procedures, the University has the responsibility to:

1. Provide the Parties with the range of available supportive measures.
2. Provide confidentiality surrounding supportive measures, to the extent possible.
3. Take the Reporting Rarty's wishes into consideration when identifying supportive measures and University response.
4. Follow these procedures as outlined when formal reports are filed.
5. Establish the extent to which the Process Advisor of a Complainant or Respondent’s choosing may participate in hearings, investigative interviews, or other meetings related to this procedure.
6. Evaluate whether any person designated to facilitate this procedure has a conflict of interest or bias in any given case.
7. Preliminary review and investigate all formal complaints that allege conduct that falls under these procedures.
8. Promptly and equitably determine if a formal complaint is not covered by these procedures and dismiss it.
9. Follow timeframes and ensure the reasonably prompt resolution of each case and provide written notice to Parties of delays or extensions and reasons for delays or extensions.
10. When a finding of responsibility has been determined, determine when appropriate, remedies for a Complainant and sanctions for a Respondent.

Participation by Parties and/or Witnesses

Any person has the right to decline participation in the investigation or a resolution process.

All participants named in the process are responsible for the communications they receive. All communication will be sent via “Linfield.edu” email unless other plans for communication have been established. Parties and/or witnesses no longer enrolled and/or employed by Linfield, or not part of the Linfield community, will be required to provide a reliable email address to communicate with staff. Title IX Administrators will make good faith efforts to communicate with participants before moving forward but will ultimately proceed without a participant if there is no response.

In the interest of fairness and efficient resolution, information should not be intentionally withheld during any part of the process. The University expects participants to be honest and act with integrity and provide information as they have it available; this includes submitting known witnesses and/or relevant materials such as emails, texts, or pictures as their existence becomes known. Failure to submit information in a timely manner may result in the material being excluded from the investigative report and may not be used later as “newly discovered and relevant information” during an appeals process.

The University may choose to interview or call other witnesses the University believes may have relevant information to share about the allegations at any point in the resolution process. Witness statements must pertain to the specific incident and/or complaint. In some cases, witnesses may provide a statement to discuss a pattern of behavior from a party. The Investigator and a Title IX Administrator will determine if this is relevant to the complaint.

Any Witness scheduled to participate in a resolution process (e.g. hearing) must have been interviewed first by investigator(s). Any Witness who declines to participate in or cooperate with an investigation will not be permitted to offer evidence or testimony during the resolution hearing unless all Parties consent to the participation of that witness in the hearing.

Parties in need of supportive measures and/or accommodation due to a documented disability must complete an accommodations request with the Accessibility Services Coordinator. Accommodations requests must be documented by a medical provider and approved by the Accessibility Services Coordinator.

Process Advisors

All Parties are entitled to a Process Advisor of their choosing to guide and accompany them throughout the resolution process. The Process Advisor may be a University employee, friend, mentor, family member, attorney or any other person a party chooses to advise them.

The Parties are entitled to be accompanied by their Process Advisor in all meetings, interviews, and hearings at which the party is entitled to be present. In some circumstances, the University may need to meet with a party before they have established a Process Advisor; this is typically in cases when a party is being put on notice that a complaint has been made. The staff person meeting with the party will not require the party to answer questions and/or give a statement unless they choose to do so.

All Process Advisors are subject to the same campus policies and procedures. Except as permitted during Title IX specific hearings, a Process Advisor is not permitted to engage in the grievance process on a party’s behalf or participate directly in any related meeting or proceeding. Process Advisors may quietly consult with their advisees during a related meeting or proceeding in a way that does not disrupt or interfere with it. Process Advisors should request or wait for a break in the proceeding if they want to have a longer or more involved discussion with their advisee or wish to interact with campus administrators.

All Parties are expected to be the main source of communication with campus administrators. Process Advisors may not initiate communication with campus administrators on behalf of their advisee in person or via technology (i.e.: phone and/or email). Campus administrators will not be expected to communicate with the Process Advisor whenever a communication is made to the party and expect each party to take responsibility to share communications with their Process Advisor as appropriate.

Process Advisors should help their advisees prepare for each meeting, and are expected to advise ethically, with integrity, and in good faith. The University cannot guarantee equal Process Advisor rights, meaning that if one party selects a Process Advisor who is an attorney, but the other party does not, or cannot afford an attorney, the University is not obligated to provide a Process Advisor who is an attorney.

Process Advisors are expected to refrain from interference with the University investigation and resolution. Any Process Advisor who steps out of their role in any meeting under the campus resolution process will be warned once. If the Process Advisor continues to disrupt or otherwise fails to respect the limits of the Process Advisor’s role, the Process Advisor will be asked to leave the meeting. When a Process Advisor is removed from a meeting, that meeting will typically end unless the party agrees to participate without their Process Advisor present. Subsequently, the Title IX Coordinator or a Deputy Coordinator will determine whether the Process Advisor may be reinstated or will need to be replaced by a different Process Advisor.

Process Advisors are expected to maintain the privacy of the records shared with them by the University. These records may not be shared with third Parties, disclosed publicly, or used for purposes not explicitly authorized by the University. The University may seek to restrict the role of any Process Advisor who does not respect the sensitive nature of the process or who fails to abide by the University's privacy expectations.

The University expects a Process Advisor to adjust their schedule to allow them to attend University meetings when scheduled. The University does not typically change scheduled meetings to accommodate a Process Advisor's inability to attend. The University will, however, make provisions to allow a Process Advisor who cannot attend in person to attend a meeting by telephone, video and/or virtual meeting technologies as may be convenient and available.

A party may elect to change Process Advisors during the process and is not locked into using the same Process Advisor throughout. The Parties must advise the University of the identity of their Process Advisor at least two (2) business days before the date of their first meeting and notify the University if there is a change to who they have chosen as their Process Advisor.

Recording and/or Filming

No audio or video recording of any kind, other than as required by institutional procedures, is permitted during meetings or hearings with campus officials. No photographs, dictations, scans, or other reproductions of materials in a case file are permitted without the authorization of the Title IX Coordinator and/or a Deputy Title IX Coordinator.

False Reports

The University will not tolerate intentional false reporting of incidents. It is a violation of University policies to make an intentionally false report of any policy violation, and it may also violate state criminal statutes and civil defamation laws.

A person will be referred to the appropriate campus process if found to have intentionally made a false report. Students will be referred to student conduct and employees to Human Resources.

Procedures

Disclosures and Reporting

Any person may disclose Prohibited Conduct [KL1] to the Title IX Coordinator in one of the following ways:

1. mail
2. telephone
3. electronic mail
4. any other means that results in the Title IX Coordinator receiving the person’s verbal or written disclosure.

The disclosing person does not need to be the Reporting Party. A disclosing person may disclose alleged Prohibited Conduct to the Title IX Coordinator without initiating a formal University response. After a disclosure is made, the University will contact the Complainant and offer to provide an opportunity to meet with a Title IX administrator to discuss available supportive measures, formal and informal procedures, and potential interim measures.

When filing a formal Title IX complaint, a Complainant must be participating in or attempting to participate in an education program or activity of the University. All disclosure will be reviewed by the University to identify if the conduct falls within this policy or other related policies.

A person may make a disclosure of any prohibited conduct under this policy to the Title IX Coordinator or any of the following individuals:

• Deputy Title IX Coordinators
• Vice President for Student Affairs/Dean of Students
• Director of Human Resources

An individual may pursue a formal University response procedure independently of any off-campus processes, such as reporting to law enforcement or pursuing other non-campus-based civil reporting options.

Confidential Disclosure Options

Student Health, Wellness and Counseling Center

Clinic hours: Monday - Friday, 9 a.m. - 5 p.m., 503-883-2535, shlt@linfield.edu

Portland Campus Counseling Center

971-369-4150, pdx-counseling@linfield.edu

Confidential Campus Advocate

advocate@linfield.edu

University Chaplain

Rev. Jeremy Richards, 503-883-2259, chaplain@linfield.edu

Risk of Harm to Self or Others

Mental health professionals are required to disclose information where there is an imminent threat of the person harming themselves or others.

Confidentiality

The University will keep confidential the identity of any individual who has made a disclosure or complaint of Prohibited Conduct including any individual who has made a disclosure or filed a formal report of prohibited conduct, any Reporting Party, any individual who has been disclosed as be the perpetrator of Prohibited Conduct, any Respondent, and any witness, except as may be permitted by the FERPA statute, 20 U.S.C. 1232g, or FERPA regulations, 34 CFR part 99, or as required by law, or to carry out the purposes of 34 CFR part 106, including the conduct of any investigation, hearing, or judicial proceeding arising thereunder.

Request for Anonymity

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 resolution to be pursued, the Complainant may make such a request. The Title IX Coordinator and/or Deputy Coordinators will then evaluate that request considering the University's duty to ensure the safety of the campus and comply with federal law.

In cases indicating pattern, predation, threat, weapons and/or violence, the University will likely be unable to honor a request for anonymity. In cases where the Complainant requests anonymity and the circumstances allow the University to honor that request, the University will offer supportive measures to the Reporting Party. It must be understood that this will be done to the extent possible based on the Reporting Party's limitations on privacy.

The University will take all reasonable and good faith steps to protect the privacy of individuals involved in a sexual harassment complaint, though privacy cannot be guaranteed. Only a small group of University employees who need to know will be told as appropriate to address the matter and offer support measures.

Formal Complaint Process

To file a Formal Complaint, a Complainant must provide the Title IX Coordinator a written, signed complaint describing the facts alleged. An electronic complaint and signature will be accepted.

If a Complainant does not wish to make a Formal Complaint, the Title IX Coordinator may determine a Formal Complaint is necessary. The University will inform the Complainant of this decision in writing, and the Complainant need not participate in the process further but will receive all notices issued under this policy.

Either party named in a Formal Complaint may request the matter be resolved through the Agreement-Based Resolution process described in this Policy.

Notice of Allegations

Upon receipt of a Formal Complaint, the University will provide written notice to all responding Parties and reporting Parties that includes:

• Notice of the allegations potentially constituting Prohibited Conduct, and sufficient details known at the time the Notice is issued, such as:
  • the identities of the Parties, if known;
  • the conduct allegedly constituting Prohibited Conduct; and
  • the date and location of the alleged incident, if known.
• Notice of the applicable policies and procedures.
• Notice of resolution procedures and any available Agreement-Based Resolution process.
• How to challenge participation by the Title IX Coordinator for bias or conflict of interest.
• How to challenge participation by the Investigator for bias or conflict of interest; which the Title IX Coordinator will resolve in their sole discretion.
• A statement that the Respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility is made at the conclusion of the grievance process.
• A statement that the Parties may have a Process Advisor of their choice.
• A statement that before the conclusion of the investigation, the Parties may inspect and review evidence obtained as part of the investigation that is directly related to the allegations raised in the Formal Complaint, including the evidence upon which the University does not intend to rely in reaching a determination regarding responsibility, and evidence that both tends to prove or disprove the allegations, whether obtained from a Party or from any other source;
• A statement that the University prohibits knowingly making false statements or knowingly submitting false information to the University.
• A statement that retaliation is prohibited.

The University will issue an amended Notice of Allegations as needed if additional allegations are discovered during the investigation. The Parties will be provided sufficient time to review the additional allegations to prepare a response before any initial interview regarding those additional charges.

The University will provide on-going notice of any additional allegations included within the scope of the investigation that arise during these procedures.

The Respondent is presumed not responsible for the alleged conduct and determinations regarding responsibility are made at the conclusion of the grievance process. However, the University reserves the right to invoke an emergency removal and/or activity restriction if the allegations are egregious enough for risk to the campus community.

Dismissal of a formal complaint

If the conduct alleged in a formal complaint would not constitute Prohibited Conduct under this Policy or does not occur within the scope or jurisdiction of this policy, the University must dismiss the formal complaint.

The University may dismiss a formal complaint at any time during the investigation or hearing stages for the following reasons:

1. Complainant notifies the Title IX Coordinator in writing that the Complainant would like to withdraw the formal complaint.
2. The Respondent is no longer enrolled or employed by Linfield University.
3. Circumstances prevent Linfield University from gathering evidence sufficient to reach a determination.

Upon dismissal of a formal complaint, the University will promptly send written notice of the dismissal and reason(s) therefore to Parties.

The University will notify the Complainant that a dismissal may be appealed on the basis outlined in the Appeals section. If dismissal occurs after the Respondent has been notified of the allegations, then the University will also notify the Respondent that the dismissal may be appealed on the same bases. If a dismissal is appealed, the University will follow the procedures outlined in the Appeals section of these procedures.  

Any formal complaint dismissed under these procedures may still be addressed by other University policies.

Standard of Evidence

The standard for finding a person responsible for a policy violation is "preponderance of evidence" (or "more likely than not").

Consolidation of Complaints

The University may consolidate formal complaints where the allegations of Sexual Harassment, Sexual Assault, Domestic Violence, Dating Violence, or Stalking arise out of the same facts or circumstances.

Emergency Removal

If there is a consideration to remove a Respondent from the University’s education program or activity on an emergency basis, this will occur only after the University has:

• Engaged in an individualized safety and risk analysis; and
• Determined if an immediate threat to the physical health or safety of other individuals arising from the allegations of sexual harassment justifies removal; and
• Provided the Respondent with notice and an opportunity to challenge the decision immediately following the removal.

In circumstances where the Respondent is a non-student employee, the University may consider administrative leave during the pendency of the grievance process.

Violation of an emergency removal is grounds for expulsion or termination.

During an emergency removal period, a party may be denied access to University housing and/or the University campus/facilities/events, as determined by the Title IX Coordinator and/or a Deputy. This restriction can include attendance of classes and/or all other University activities. At the discretion of the Title IX Coordinator or Deputy, alternative coursework options or employment accommodations may be pursued to ensure as minimal an impact as possible on the individual. 

If the University determines such removal is necessary, the Respondent will be provided notice and an opportunity to challenge the decision immediately following the removal, by notifying the Title IX Coordinator in writing. The University will designate an individual, not otherwise involved in the case, to consider the challenge to the removal and determine if the emergency removal was reasonable.

Resolution Processes

During the resolution process, the University will apply any provisions, rules, or practices equally to all Parties. Remedies must be provided to a Complainant when a Respondent is found responsible. Post determination remedies are designed to restore or preserve equal access to the University’s education programs or activities; this may include the same individualized services described as “supportive measures” and can be disciplinary and/or a burden for the Respondent if found in violation of policy.

Both Parties will be provided with an equal opportunity to present relevant facts and relevant expert witnesses. The University will objectively evaluate all relevant evidence, including both inculpatory and exculpatory evidence, and determine credibility without respect to a person’s status as a Reporting Party, Respondent, or Witness.

Withdrawal and/or Resignation Prior to Resolution

If a party withdraws and/or resigns from the University after being reported for sexual harassment and prior to final resolution, the University reserves the right to proceed with the resolution process. The Respondent will have the opportunity to participate in the resolution process. In some specific cases, the University may choose to place the case on hold pending the party’s impending return to campus, in which case a notation will be placed on the party’s University record and the party must resolve the issue before returning to the University in any capacity (e.g.: student, employee, volunteer, visitor, etc.).

The University will notify the Parties when applicable, if it will proceed with resolving the case or leave it open pending the Respondent's return. In circumstances when the University holds the case open pending the return of the Respondent, the University will attempt to resolve the case as promptly as possible upon the Respondent's return to campus. The University will attempt to follow the normal timeline established above. Any violations of University policies while the Respondent is separated from the University may result in the opening of additional conduct cases.

Agreement-Based Resolution

The Agreement-Based Resolution process is designed to restore or preserve equal access to the University’s education programs or activities without a full investigation and adjudication; and to reach a mutually agreeable resolution to the complaint. An Agreement-Based Resolution may not occur unless a formal complaint is filed. Both Parties can pursue an Agreement-Based Resolution process, and it may be initiated any time prior to deciding on responsibility. Both Parties must agree to participate in the Agreement-Based Resolution process. Both Parties have a right to a Process Advisor through the Agreement-Based Resolution process. The Agreement-Based Resolution process will take up to ten (10) business days. The University may extend an Agreement-Based Resolution process for reasonable circumstances and will provide this information to the Complainant and Respondent in writing. 

The Parties will receive a written notice disclosing:

• The allegations,
• The requirements of the Agreement-Based Resolution process including the circumstances under which it precludes the Parties from resuming a formal complaint arising from the same allegations that at any time prior to agreeing to a resolution, any party has the right to withdraw from the Agreement-Based Resolution process and resume the grievance process with respect to the formal complaint,
• Any consequences resulting from participating in the Agreement-Based Resolution process, including the records that will be maintained or could be shared.

If Parties agree to an Agreement-Based Resolution process, the University must have voluntary, written consent to the Agreement-Based Resolution process via email to the designated University administrator facilitating the resolution.

The Agreement-Based Resolution process may not:

• Require Agreement-Based Resolution participation as a condition of enrollment or continuing enrollment, or employment or continuing employment, or enjoyment of any other right (i.e. any University sponsored educational program or activity).
• Require a waiver of the right to an investigation and adjudication of formal complaints of sexual harassment.
• Be utilized to resolve allegations that an employee sexually harassed a student.

If alternative efforts are unsuccessful, the formal resolution process may resume or be initiated. Either party has the right to end the alternative resolution process and begin the formal process at any time prior to an agreed-upon resolution. The University reserves the right to determine a situation is not eligible for an Agreement-Based Resolution process and eliminate this process option.

Investigation and Hearing Resolution

Timeline

The University will endeavor for an investigative report to be prepared within 60 business days of the formal complaint being made and strive for a hearing to be held within 90 business days of the formal complaint being made. A written determination regarding responsibility will be issued within 10 business days of the hearing. It is a goal to resolve formal complaints within 100 business days of notice of the formal complaint, not counting any appeal period. The University may extend the formal resolution process for reasonable circumstances and will provide this information to the Complainant and Respondent in writing. The timeframe will not include appeals that may be filed.

Parties should also note the following timelines that are mandatory in the University process. A party may waive their right to these review business days in writing to Title IX staff person overseeing their case:

• Typically, three (3) business days, for Parties and their Process Advisor to review the initial information available about the formal complaint.
• At least ten (10) business days for Parties and their Process Advisor to review the initial investigation packet, including the relevant and directly evidence, and submit a meaningful written response, which the Investigator will consider prior to completion of the investigative report.
• At least ten (10) business days for Parties and their Process Advisor to review the final investigative report, submit a written response, and prepare for a hearing.

There may be circumstances that allow for the temporary delay of the grievance process or the limited extension of time frames for good cause with written notice to the Complainant and the Respondent of the delay or extension and the reasons for the action. Good cause may include considerations such as the absence of a party, a party’s Process Advisor, or a witness; concurrent law enforcement activity; or the need for language assistance or accommodation of disabilities.

Notice of Meetings and Interviews

University will provide Parties with written notice of the date, time, location, participants, and purpose of meetings to which they are invited, including hearings, investigative interviews, or other meetings, with sufficient time for the party to prepare to participate.

Communication with Parties and Witnesses

All participants who have been named in the process are responsible for the communications they receive. All communication will be sent via “Linfield.edu” emails unless other plans for communication have been established. Parties and/or witnesses no longer enrolled and/or employed by the University, or not part of the University community, will be required to provide a reliable email address to communicate with staff. Title IX Administrators will make good faith efforts to communicate with participants before moving forward but will ultimately proceed without a participant if there is no response.

Investigations

The investigative process

1. Presumes the Respondent is not responsible for the alleged conduct until a determination regarding responsibility is made at this procedure's conclusion.
2. Presumes all complaints are made in good faith.
3. Includes an objective evaluation of all relevant evidence.

The burden of gathering evidence rests on the University. The University must gather documents and evidence and conduct fact-finding interviews with Parties and witnesses. The University cannot access, consider, disclose, or otherwise use a party’s records that are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in the professional’s or paraprofessional’s capacity, or assisting in that capacity, and which are made and maintained in connection with the provision of treatment to the party, unless the University obtains that party’s voluntary, written consent to do so.

The University will ensure that Parties have an opportunity to participate in interviews with the investigator, provide witnesses, and provide evidence to be reviewed. The University provides written notice to a party of their scheduled investigative interviews including the date, time, and location of the interview.

At the conclusion of an investigation, and after reviewing all relevant and directly related evidence and performing all relevant interviews, the investigator will draft a preliminary investigative report that includes their statement, the other party’s statement, the witness statement(s), and other evidence.

Both Parties will be given ten (10) calendar business days to review the content and submit a meaningful written response that may include additional questions, relevant information/evidence, and/or clarifications. If additional information is submitted, the investigator will conduct follow-up interviews with relevant participants. The investigator will review and consider the written responses to the draft report prior to finalizing it.

The University will provide Parties with the final report which summarizes all the relevant evidence to review and allow for Parties to submit a final written response. The Title IX Coordinator, or designee, will issue a charge and notice of a hearing letter to both parties. The letter will also include the final investigative report and allow the Parties the opportunity for their review and written response at least ten (10) calendar business days before the hearing. The University will provide the report and all final written responses to the Decision Maker(s) before the hearing begins.

Past Sexual History/Character

Questions and evidence about the Complainant’s sexual predisposition or prior sexual behavior are not relevant, unless such questions and evidence about the Complainant’s prior sexual behavior are offered to prove that someone other than the Respondent committed the conduct alleged by the  Complainant, or if the questions and evidence concern specific incidents of the  Complainant’s prior sexual behavior with respect to the Respondent and are offered to prove consent.

Records of past complaints made against a Respondent will not be disclosed by the University to the Parties, investigators, and/or Decision Maker(s) and questions and evidence about such are not relevant, unless such questions and evidence about past complaints are offered to prove a pattern of behavior or have a direct connection with the allegations for the complaint being investigated. Decisions about relevancy of such questions and evidence will be made by Title IX administrators or Decision Maker(s).

Hearing Procedure

Timing

The University will provide Parties with notice of a hearing date after the Title IX Coordinator has receipt of the submission of the final investigative report.

The notice will include the date, time, and location of the hearing. The notification will also provide logistical matters, hearing procedures, and the appointed Decision Maker(s).

If a party objects to the Decision Maker(s) based upon a conflict of interest, the party must provide written notice to the Title IX Coordinator, identified in the notice letter within two business days from the hearing notification, explaining the conflict of interest. The Title IX Coordinator will make a determination regarding the merits of the alleged conflict of interest. Parties will have at least ten business days to prepare for the hearing from the date they receive notice of the hearing date and the final investigative report. Parties may waive their right to ten (10) business days’ notice in writing to the Title IX Coordinator, if they choose.

Pre-Hearing Meetings

The Decision Maker(s) and/or the Title IX Coordinator will offer a pre-hearing meeting opportunity to the Parties during the ten (10) day review period. This meeting is to answer any final questions that a party might have, explain the procedures, and review the expectations. This meeting does not include discussing details and/or issues with the formal complaint.

Title IX Hearing Process

Procedures

The Decision Maker(s) will oversee the hearing process and the Title IX Coordinator, or designee, shall act as a hearing coordinator. All hearings must be live hearings with audio, audiovisual, and/or transcript recordings of the hearing must be created and made available for all Parties to review upon request. At the start of the hearing, the Decision Maker(s) will open the hearing and provide information to both Parties about the procedures. If a party does not have a Process Advisor present at the hearing, the University will provide one to conduct cross-examination on behalf of that party. A University-appointed Process Advisor may or may not be an attorney and will be provided at no charge to the party.

Parties may:

• Appear in person or virtually, to present their view of what took place to the Decision Maker(s) and may call witnesses on their behalf.
• Request to be in separate rooms during the hearing.
• Elect not to appear before the Decision Maker(s). Should a party elect not to appear, the hearing shall be held in their absence.
• Refuse to answer questions asked by the Decision Maker(s) or the other Parties Process Advisor.

Process Advisor Participation in Hearings

Process Advisors may participate in the hearing to ask questions of the other party or witnesses. This part of the process is not to embarrass, blame, humiliate, or emotionally berate a party, but rather to ask questions that probe a party’s narrative to give the Decision Maker(s) the fullest view possible of the evidence relevant to the allegations.

During the resolution hearing, the Decision Maker(s) will notify the Process Advisor when they can ask questions. Questions should pertain specifically to the allegations being reviewed and may not be asked repeatedly throughout the process. Decision Maker(s) have the right to stop a question from being answered and will provide rationale for why the question is not permitted.

Process Advisors may not ask questions that rely upon, or otherwise use questions or evidence that constitute, or seek disclosure of, information protected under a legally recognized privilege, unless the person holding such privilege has waived the privilege.

Process Advisors must remember that the University process is not a legal process, and hearings are not intended to be adversarial in nature and/or unduly legalistic. Intimidation or contentious behaviors will not be tolerated. In circumstances where the substance of a question is relevant, but the manner in which a Process Advisor attempts to ask the question is harassing, intimidating, or abusive (for example, the Process Advisor yells, screams, or physically ‘leans in’ to an individual’s personal space), the University may appropriately enforce rules of decorum that require relevant questions to be asked in a respectful, non-abusive manner. 

The Decision Maker(s) reserves the right to stop the hearing and warn a Process Advisor if their behavior is problematic. If the behavior persists, the hearing may be stopped and rescheduled allowing the Respondent the opportunity to select a Process Advisor. If this occurs, the party will be afforded three (3) business days to prepare and select a new Process Advisor. If they cannot obtain a new Process Advisor, the University will provide one.

Evidence

All evidence considered by the investigator, discussed in any party’s final response or that any party intends to present at the hearing must be made available to all Parties at the hearing.

Cross-Examination

A party’s Process Advisor is permitted to cross-examine the other party and any witnesses. Before a Complainant, Respondent, or Witness answers a cross-examination question, the Decision Maker(s) must first determine whether the question is relevant and explain any decision to exclude a question as not relevant. Questions and evidence about the Complainant’s sexual predisposition or prior sexual behavior are not relevant, unless such questions and evidence about the Reporting Party’s prior sexual behavior are offered to prove that someone other than the Respondent committed the conduct alleged by the Complainant, or if the questions and evidence concern specific incidents of the  Complainant’s prior sexual behavior with respect to the Respondent and are offered to prove consent.

Parties and witnesses are not required to submit to cross-examination or otherwise participate in the Title IX grievance process; however, refusing to participate in the hearing or cross-examination may impact the Decision Maker’s ability to consider evidence. The Decision Maker(s) cannot draw an inference about the determination regarding responsibility based solely on a party or witness’s absence from the live hearing or refusal to answer cross-examination or other questions. Information may still be considered with appropriate weight if a party chooses not to participate in all or part of the formal resolution process, including a hearing or its cross-examination process. The Decision Maker(s) may not make any decisions about a party’s credibility based on their decision not to participate in a hearing or submit to cross-examination.

Cross-examination that may reveal faulty memory, mistaken beliefs, or inaccurate facts about allegations does not mean that the party answering questions is necessarily lying or making intentionally false statements. The degree to which any inaccuracy, inconsistency, or implausibility in a narrative provided by a party or witness should affect a determination regarding responsibility is a matter to be decided by the Decision Maker(s), after having the opportunity to ask questions of Parties and witnesses, and to observe how Parties and witnesses answer the questions posed by the other party’s Process Advisor.