Policies and Procedures

Policies

Student Conduct Code

The Student Conduct Code applies to allegations of sexual misconduct and interpersonal violence against EWU students.

Visual Overview of the Student Conduct Process

Pregnancy & Parental Leave

This guideline provides information to students and employees about resources and protections for pregnant and parenting individuals.

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Diversity & Nondiscrimintation

This policy sets forth EWU's commitment to diversity and inclusion and nondiscrimination.

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Sexual Misconduct, interpersonal Violence & Title IX Responsibilities

This policy sets forth EWU's expectations for its employees, contractors, and visitors to not engage in sexual misconduct or interpersonal violence.

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Employee Leave Related to Domestic Violence, Sexual Assault & Stalking

This policy outlines employee leave options for victims and families of victims of domestic violence, sexual assault, and stalking.

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Title IX Investigations & Hearings

This policy describes the process for addressing "formal Title IX complaints" against employees, contractors, and visitors. The term "formal Title IX complaints" is intended to identify those types of complaints that are subject to additional procedures required by federal law. EWU continues to address concerns of sexual misconduct and interpersonal violence regardless of whether or not they meet this definition. The definition is merely to identify what process at EWU applies.

A formal Title IX complaint is defined as:

A formal signed complaint filed by a complainant who is a current student, employee, applicant, or person participating or seeking to participate in a university program or activity, or by the Title IX Coordinator;
Alleging sexual harassment, sexual assault, domestic violence, dating violence, or stalking as defined for Title IX purposes in EWU Policy 402-01 or the Student Conduct Code; and,
That occurred on EWU premises, during a university program or activity within the United States, or at a building owned or controlled by a student organization that is officially recognized by the university.

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Procedures

Visual Overview of Student Conduct Process

Upon receipt of a report of sexual misconduct or interpersonal violence, the Title IX Coordinator will review the report and coordinate support services. The Student Care Team will reach out to the complainant to explain reporting options, resources, and offer supportive measures. The next steps depend on whether or not the complainant wishes to file a complaint and whether or not the complaint falls under EWU's definition of a Title IX complaint.

After supportive measures are offered to a complainant, if the complainant wishes to file a complaint against a student, EWU will review the complaint to determine which process applies. Complaints are generally referred for an investigation. At that time, the complainant and respondent will receive a notice of investigation. Following the investigation, an investigative report is prepared and sent to the Director of Student Rights and Responsibilities to schedule a prehearing conference. At the prehearing conference, the director will review the hearing process with the complainant and respondent. After the prehearing, EWU conducts a hearing with live witnesses providing testimony. The hearing officer will make a determination of whether or not the Student Conduct Code has been violated and what the appropriate punishment will be. More information about the process is included in the Student Conduct Code.

After supportive measures are offered to a complainant, EWU's Title IX Coordinator will determine the appropriate process for addressing the complaint. Generally, complaints are referred to an investigator to conduct an investigation. For non-Title IX sexual misconduct complaints, the investigator makes factual determinations and the appropriate supervisor determines whether or not the employee has engaged in misconduct and the appropriate level of discipline. For Title IX complaints, the investigator simply gathers the facts and refers them to a board that conducts a hearing. During the hearing, live witnesses will provide testimony. A hearing board will determine whether or not the employee has engaged in misconduct and determine the appropriate level of discipline. More information about these processes is included in EWU Policy 402-01 (Sexual Misconduct, Interpersonal Violence & Title IX Responsibilities) and 402-05 (Title IX Investigations & Hearings).

Allegations against people who are not EWU students or employees will be assessed on a case-by-case basis to determine if EWU has jurisdiction to conduct an investigation. EWU will assist in connecting complainants to community resources and law enforcement upon request.

Reports of sexual misconduct

When the university receives a report of sexual misconduct or interpersonal violence, the Student Care Team will reach out to the potential complainant to advise the person of resources, explain their rights, and reporting options. The complainant has the right to decide whether they want to proceed with the formal complaint process. The complainant has the right to fully participate in the investigation and hearing process.

Respondent's notice of an investigation / allegation

If EWU receives a formal complaint of sexual misconduct or interpersonal violence, the respondent will receive a Notice of Investigation (NOI) or Notice of Allegation (NOA) informing them of the allegation(s) made against them, the resources available to them, their rights, and the name of the investigator / conduct officer assigned to their investigation. A respondent may provide a statement in response to the allegation(s), present evidence and identify witnesses. More information about these processes is contained in EWU's policies.