Introduction

This policy addresses the responsibilities of Pacific Lutheran University (“PLU”) under Title IX and the Violence Against Women Reauthorization Act of 2013 (“VAWA”). Title IX prohibits discrimination on the basis of sex (gender) in education programs and activities; and, programs that receive federal assistance. VAWA requires that universities have procedures in place to respond to matters of sexual assault, relationship violence and stalking. These laws are completely consistent with PLU’s Nondiscrimination Policy, its prohibition against sex discrimination (including sexual misconduct) and its philosophy of providing an environment in which students can live, work and study free from all types of gender discrimination.

This policy covers student to student-related concerns of Sexual Harassment, Sexual Assault and Sexual Misconduct, Dating Violence or Domestic Violence (“Relationship Violence”) and Stalking. This conduct will be referred to collectively as “Prohibited Conduct”. This policy should be used if both the Impacted Party (who may also be referred to as the Complainant), and the student against whom the allegations are made (the Respondent) are students.

If the Impacted Party is a student and the Respondent is a member of the faculty or staff, the Impacted Party should use the PLU Human Resources Sexual Misconduct Policy. In cases where the Complainant or the Respondent are not PLU students, faculty members, or staff members, PLU will determine, in its sole discretion, the best remedies for the Impacted Party and the community.

If the alleged behavior does not meet the 2020 Final Rule definition and criteria for a Title IX complaint provided by the U.S. Department of Education, but is an allegation of student misconduct, the report will be referred to the Dean of Students and Student Rights and Responsibilities for further action.

This policy, the Title IX Prohibited Conduct Formal Process procedures, and the Student Conduct procedures set forth the procedures that PLU will follow regarding reports, formal complaints, available support and determination whether a Respondent has violated this policy. When a determination is made that a violation has occurred, PLU will issue sanctions, remedies for the aggrieved party, and take actions that are commensurate with the violation and which reflect PLU’s determination to end such conduct, prevent its recurrence and redress its effects.