EO/ADA Policies EO Policies http://www.ewu.edu/about/equal-opportunity-and-diversity/eo-policies en-us Wed, 10 Feb 2016 08:45:18 UTC Wed, 10 Feb 2016 08:45:18 UTC gthomas9@ewu.edu kfrantzich@ewu.edu

EO/ADA Policies

EO Policiescomplaint procedure, EO, policies

(Discrimination, Sexual Harrassment, Sexual Misconduct, Domestic Violence, Relationship Violence, Stalking and Retaliation - EWU Policy 402-01) http://cfweb.ewu.edu/policy/PolicyFiles/EWU_402_01.pdf

The goal of the above policy is to promote an environment that is free of discrimination, sexual harassment, sexual misconduct, domestic violence, relationship violence, stalking, and retaliation.  All persons, including students, employees, visitors, contractors, and guests, are required to comply with this policy while on campus or participating in university programs. EWU students and employees are required to comply with this policy while conducting university business off-campus, such as business trips, field trips, and internships.

Mandatory Employee Reporting for Sexual Harassment and Sexual Misconduct:

Except for licensed professionals at CAPS, all university employees who become aware of an incident or complaint of sexual harassment or sexual misconduct that involves a student must report itto the Title IX Coordinator or Deputy Title IX Coordinator within 24 hours of becoming aware of the matter.   Employees must report such complaints regardless of the victim's desire for the matter to remain confidential and regardless of whether a report is made with campus or local law enforcement. University employees who fail to report complaints received or cooperate fully with these complaint processes are subject to disciplinary action. Mandatory reporting helps the university to respond effectively and prevent a hostile educational environment.

What is discrimination?

Eastern Washington University does not discriminate on the basis of race, color, creed, religion, national origin, sex, pregnancy, sexual orientation, gender identity/expression, genetic information, age, marital status, families with children, protected veteran or military status, HIV orhepatitis C, status as a mother breastfeeding her child, or the presence of any sensory, mental, or physical disability or the use of a trained guide dog or service animal by a person with a disability.

The term discrimination, as it is used throughout this policy (http://cfweb.ewu.edu/policy/PolicyFiles/EWU_402_01.pdf ), means all forms of discrimination and sexual harassment as defined by state and federal antidiscrimination laws. For the purposes of this policy, discriminatory conduct is defined as conduct by any means directed at another person that is so severe, pervasive, or persistent, and objectively offensively that it substantially interferes with another's ability to work, study, participate in, or benefit from the university's programs or activities, such that the person is effectively denied equal access to the university's resources and opportunities on the basis of the individual's protected status.

What is Sexual Harrassment?

Sexual harassment is a form of discriminationand violates this policy (http://cfweb.ewu.edu/policy/PolicyFiles/EWU_402_01.pdf ). Sexual harassment is unwelcome conduct of a sexual nature and may include unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature, including sexual assault. Sexual harassment, including sexual assault,can involve persons of the same or opposite sex. Consistent with state and federal law, this policy prohibits two types of sexual harassment.  This conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance, or creates an intimidating, hostile, or offensive work environment.

What is Sexual Misconduct?

Sexual misconduct violates this policy. Sexual misconduct includes, but is not limited to:

 Sexual violence Sexual violence is sexual intercourse or sexual contact with a person without his or her consent. Consent means actual words or conduct indicating freely given agreement to the sexual activity. Consent cannot be inferred from silence, passivity, or lack of active resistance. There is no consent where there is a threat of force of violence or any other form of coercion or intimidation, physical or psychological. Sexual activity is nonconsensual when the victim is incapable of consent by reason of mental capacity, drug or alcohol use, illness, unconsciousness, or physical condition. Other forms of sexual misconduct include, but are not limited to, indecent liberties, indecent exposure, sexual exhibitionism, sex-based cyber-harassment, prostitution or the solicitation of a prostitute, peeping or other voyeurism, or going beyond the boundaries of consent, such as by allowing others to view consensual sex or the non-consensual recording of sexual activity.

 a. Domestic Violence and Relationship Violence Domestic violence means:

  •  physical harm, bodily injury, assault, or the infliction of fear of imminent physical harm, bodily injury or assault, between family or household members;
  •  sexual assault of one family or household member by another
  •   stalking of one family or household member by another family or household member.

b. Relationship violence is a type of domestic violence, except the acts specified above are committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim.

In determining whether such a relationship exists, the following factors are considered:

  •  the length of time the relationship has existed
  •  the nature of the relationship
  •   the frequency of interaction between the parties involved in the relationship.

c. Stalking is engaging in a course of conduct directed at a specific person that would cause a reasonable person to

  •   fear for their health and/or safety or the health/safety of others
  •   suffer substantial emotional distress.

Do I have to report or file a complaint if I am aware that an incident of discrimination or sexual harassment/sexual misconduct has occurred?  YES

Our mission at EWU is to promote an environment that is free of discrimination, sexual harassment/sexual misconduct, and retaliation; we strive to create a climate of diversity, inclusivity, and mutual respect.  It is required in accordance with EWU Policy 402-01 http://cfweb.ewu.edu/policy/PolicyFiles/EWU_402_01.pdf, and applicable federal and state laws to report incidents of  sexual harassment/sexual misconduct on or off campus or anything associated with campus activities. 

However, if you are aware that someone in the campus community has been the victim of sexual harassment, you must report the incident to Gayla Thomas, Director, in the Office of EO/AA/ADA Compliance.

How do I file a complaint or report an incident of discrimination, sexual harassment, or sexual misconduct?

You may file an internal or external complaint. If you would like to report or file a discrimination, sexual harassment or sexual misconduct complaint internally, please complete the attached complaint form below, and return by mail or in-person to 218 Showalter Hall, ATTN: Gayla Thomas, Director EO/AA/ADA Compliance or Capris Whaley, Program Coordinator EO/AA/ADA Compliance.  Please see additional campus resources on the Need Assistance? page. To file an external complaint, please go to the Washington State Human Rights Commission website for further instruction.

Discrimination and Sexual Harassment Complaint Form

ADA Reasonable Accommodations:

How do I file for ADA Reasonable Accommodation Request?

If you would like a ADA reasonable accommodation request please complete the paperwork attached below, and return by mail or in-person to 218 Showalter Hall, ATTN: Gayla Thomas, Director EO/AA/Title IX/ADA Compliance.

 ADA Reasonable Accommodation Request Paperwork

 http://cfweb.ewu.edu/policy/PolicyFiles/EWU_402_03.pdf

 

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