Preamble: Pacific Lutheran University is committed to providing an educational and employment environment which is fair, consistent, caring and supportive of professional and personal growth. The University is further committed to protecting the rights of its community members to engage in dialogue and express ideas in an environment which is free from harassment, discrimination and exploitation. Freedom of expression does not entail freedom to threaten, intimidate, harass or assault. The University community will not and does not tolerate such behaviors. Finally, the University is committed to expanding and maintaining diversity in its student, faculty, staff and administrator populations and to accommodate, whenever possible, persons with disabilities.
To honor and implement these commitments, the University Board of Regents has adopted policies on Equal Opportunity, Affirmative Action and Accommodation of Persons with Disabilities as well as a policy prohibiting Sexual Misconduct, including sexual harassment, sexual assault, and certain consensual sexual relationships. The success of these policies requires the cooperation of every member of the University community.
Specifically, each member of the University community is expected to read the policies and follow the directives set forth therein. The process of providing equal employment and educational opportunity as well as providing working, learning and living environments free of harassment, discrimination and intimidation requires that every member of the University community respect the rights of others and report violations of the University's policies. Failure to report violations may inhibit the University's ability to take prompt, corrective action.
Throughout these policies, references to “Employee(s)” shall mean any regular or temporary member of the University's workforce including faculty, administration, and staff.
Pacific Lutheran University is committed to providing equal opportunity in employment and in education for all members of the University community without regard to an individual's race, color, creed, religion, gender, national origin, age, mental or physical disability, marital status, sexual orientation or any other status protected by law.
This equal opportunity policy shall apply to all aspects of employment, including hiring, compensation, benefits, transfers, promotions, training, education, reduction-in-force and termination. To the extent permitted by applicable law, PLU reserves the right to hire Lutherans or other Christians for faculty or administrative positions whenever such choices are deemed necessary for carrying out the educational and religious goals consistent with Article II of its Articles of Incorporation and Article V, Section 2 of the University's By-Laws. PLU further reserves the right to make employment decisions based on an individual's job performance, merit and/or qualifications.
This equal opportunity policy shall similarly apply to all aspects of educational opportunity, including recruitment, enrollment, advancement and evaluation.
The University will not tolerate any discrimination or harassment toward or by any of its Employees or students. Any written, oral, physical or visual communication that is demeaning, degrading, intimidating, or otherwise directed at a person or persons because of race, color, gender, national origin, marital status, age, religion, mental or physical disability, veteran status, sexual orientation or any other status that is protected by federal, state or local law will be considered a violation of this policy. Any person, or persons, who are found to have violated this policy may be subject to disciplinary action, up to, and including, suspension, expulsion and/or termination.
Individuals who believe that they have been subject to discriminatory action or harassment or believe that discriminatory action or conduct has taken place, are strongly encouraged to contact any member of the University Dispute Resolution Committee or their supervisor. The University strictly prohibits threats, intimidation or retaliation of any kind against a person who reports a violation of this non-discrimination policy or who cooperates with an investigation of alleged violation. Any such conduct will itself constitute a violation of this policy and may subject the offender(s) to disciplinary action.
Pacific Lutheran University is committed to enlarging and maintaining the representation of ethnic, gender, cultural and economic diversity among its Employees, as well as among its student population. PLU is further committed to the reasonable accommodation of persons with disabilities, whether students or Employees. In furtherance of these goals and in accordance with state and federal law, Pacific Lutheran University has adopted an Affirmative Action Plan that reflects its intent to provide applicants, Employees, and students equal opportunity in all aspects of employment and education and to provide a working and learning environment free from unlawful discrimination and harassment.
In accordance with the plan, the University has appointed an Affirmative Action Officer who is responsible for implementing and monitoring the goals set forth in the Affirmative Action Plan. The Affirmative Action Plan is regularly reviewed and may be modified from time to time to serve the needs of the PLU community consistent with the University's affirmative action goals. The current Affirmative Action Plan may be reviewed at any time by contacting the Human Resource Services Office.
As stated in the Equal Opportunity policy, Pacific Lutheran University will not discriminate against any student because of the presence of a mental or physical disability. As part of its long-range plan, the University has committed the financial and human resources necessary to provide access to the University facilities according to the recommendations and requirements of the ADA. Where a student with a disability is able to perform essential academic/program requirements or job functions, the University may be obligated to provide reasonable accommodation to the needs of that student, unless such accommodations would provide undue hardship to the University. Students with medically recognized and documented disabilities and who are in need of special accommodation, have an obligation to notify the University of their needs. Students in need of accommodation should contact the Director of Services for Students with Disabilities in the Counseling and Testing Office. Students with disabilities who want to appeal a decision regarding accommodation should contact the Director of Counseling and Testing per the guidelines outlined in the Policy, Procedures and Guidelines for Nondiscrimination on the Basis of Disability for Students Attending Pacific Lutheran University.
A. Introduction
In accordance with its equal opportunity policy, Pacific Lutheran
University prohibits any discrimination in education or employment on
the basis of gender. Moreover, PLU is committed to providing an
environment in which students and Employees can work, live and study
free from all types of sexual misconduct. Sexual misconduct has a
serious negative impact on the quality of the education and work
experience. The range of sexual misconduct includes sexual harassment,
intimidation, coercion, sexual assault, and certain consensual sexual
relationships.
As set forth below, the University does not and will not tolerate sexual misconduct by or against any of its students or Employees. The University will work to prevent and eliminate such behavior by providing a comprehensive education program to promote awareness of acceptable and non-acceptable behaviors.
This policy is intended to meet the requirements of applicable federal and state law. If this policy is inconsistent with any applicable law, it is the University's intent to follow applicable law.
B. Policy Scope
This policy applies when the conduct prohibited by this policy occurs
between any member of the student body or Employee population and any
other member of the student body or Employee population. This policy
also applies when the prohibited conduct occurs between a member and a
non-member of the student body or Employee population, such as an
off-campus vendor, independent contractor, work-study employer,
internship supervisor, prospective student or volunteer.
The University may impose sanctions if the prohibited conduct occurs on University premises or in connection with a person's participation in a university-sponsored organization, program or activity, or if the conduct poses a risk of harm to any member of the campus community, including but not limited to any of the harmful effects encompassed by the definition of sexual harassment.
C. Sexual Harassment
Sexual harassment is a form of sex discrimination which is prohibited
by Title VII of the Civil Rights Act of 1964, Title IX of the 1972
Education Amendments and the laws of the State of Washington. When the
University becomes aware of allegations of sexual harassment, it is
bound by state and federal law to investigate those allegations, stop
the harassment if it is found to exist and take measures to ensure a
working and learning environment that is free of sexual harassment.
For the purposes of this policy, sexual harassment is defined as unwelcome sexual advances, requests for sexual favors or other verbal or physical conduct of a sexual nature when:
Sexual harassment may occur when there is a difference in institutional authority between persons. It may occur between persons in equal positions, such as co-workers, colleagues and peers. It occurs without respect to gender, age, appearance or status. It may occur between persons of the same sex. It may occur if the sexual conduct of others in the education, work or campus residential environment has the purpose or effect of substantially interfering with another's academic or work performance or environment. Sexually harassing conduct can include unwanted jokes, comments, gestures and non-verbal conduct. Anyone who is uncertain as to whether particular conduct violates this policy should contact any of the people or resources named in the Sexual Assault paragraphs of this policy.
Individuals who believe this policy has been violated, or who observe potential violations, are strongly encouraged to seek redress of their concerns by contacting any member of the University Dispute Resolution Committee or by contacting their supervisor.
Violation of these policies shall result in disciplinary action including the possibility of suspension, termination of employment or expulsion from the University. Any form of reprisal, actual or implied, whether academic or related to employment, will be treated as an aggravation of prohibited behavior and will not be tolerated.
The University is committed to providing all members of its community with education and training about the nature of sexual harassment, its damaging consequences and procedures for handling complaints. Training is particularly essential for persons in supervisory roles who may face personal liability if they fail to take appropriate action when they become aware of instances of sexual harassment.
Retaliation against anyone reporting or thought to have reported sexual harassment is prohibited. Such retaliation is considered a serious violation of this policy and will be considered independently of whether a charge or informal complaint of sexual harassment is substantiated. Encouraging others to retaliate also violates this policy.
The University is dedicated to the prevention and elimination of sexual harassment in the workplace, in the campus residential environment, and in the learning environment. The University cannot take corrective action, however, when it does not know about inappropriate behavior. Therefore, it is very important that violations of this policy be reported as soon as possible.
D. Sexual Assault
Sexual assault is a violation of individual rights and dignity that
will not be tolerated by Pacific Lutheran University. Sexual assault is
not only an act of violence, aggression or coercion against a single
individual, but it is also an attack on human dignity, a value
essential to the University community. For these reasons, Pacific
Lutheran University strongly encourages victims to report sexual
assault incidents to appropriate university and governmental
authorities as outlined in this policy. This policy applies to all
members of the campus community, —students and Employees, and is
subject to enforcement via the applicable university policies and/or
procedures including the Student Conduct System and the Grievance
Policy and Procedures. — as to any incidents which occur on campus or in
connection with any University-sponsored activity or event. Members of
the University community who are sexually assaulted in an off-campus,
non-University setting may seek assistance from any of the University
services set forth in Sections 1(a), (b), and (c) below.
E. Consensual Sexual Relationships
Primary responsibility for maintaining high standards of conduct resides with faculty and supervisors, since they exercise significant authority and power over others.
A consensual sexual relationship between an Employee (faculty, staff, or administrator) and a student, or between a supervisor and a subordinate Employee, does not necessarily involve sexual harassment or sexual misconduct. In such circumstances, however, the University's responsibilities to its students and Employees are potentially compromised by the likelihood or even the appearance of a conflict of interest. Consequently, this policy strictly prohibits consensual sexual relationships between an Employee and a student whenever the Employee is in a position of professional responsibility with respect to the student. This policy, further, strictly prohibits consensual sexual relationships between a supervisor and a direct subordinate Employee.
For the purposes of this policy, an Employee is in a position of professional responsibility with respect to a student when the Employee is currently in a position to make or influence a decision or to confer or withhold a benefit relating to the student's education, employment, or campus-sponsored activity. This includes, but is not limited to, staff/student, faculty/student, coach/player, supervisor/student worker, and advisor/advisee relationships.
For the purposes of this policy, an Employee is in a direct subordinate relationship with a supervisor if the Employee reports to the supervisor, if the supervisor evaluates or directs the Employee's work, or if the supervisor is in the direct chain of command of the person to whom the Employee reports.
The University strongly discourages consensual sexual relationships such as those between an Employee and a student (even in the absence of a current professional responsibility with respect to the student) and between a faculty member or supervisor and an Employee in a position of less authority (even in the absence of a direct reporting relationship as defined above). While this policy does not prohibit consensual sexual relationships such as these, they are strongly discouraged. Because all such relationships potentially involve a violation of equal opportunity law, it may be difficult, if not impossible, in any subsequent proceeding to defend against a sexual harassment charge where the defense is based on the complainant's consent to the relationship. Moreover, those persons involved in such relationships must be aware that the relationship may be viewed by others as exploitative or as creating actual or apparent conflicts of interest, thereby creating potential difficulties for one or both parties.