COMPLIANCE WITH NON-DISCRIMINATION LAWS AND REGULATIONS:

Sexual Harassment/Assault- Title IX Information

The University affirms a commitment to Christian values and works to provide a campus community environment free from harassment. LPU also is committed to recognizing, upholding, and enforcing the laws of the United States and the State of California. Violation of those laws shall not be condoned on the campus or at any activity held off campus by any constituency. It is the policy of LPU, in keeping with its efforts to establish an environment in which the dignity and worth of all members of the community are respected, that any sexual harassment of students and employees is unacceptable conduct and will not be tolerated. Sexual harassment may involve the behavior of a person of either sex against a person of the opposite or same sex, when that behavior falls within the definition outlined below. The University’s sexual harassment policy applies equally to all individuals classified as a student, faculty, or staff member. Any reported incident of possible sexual harassment or assault will be investigated promptly.

Harassment violates federal and state laws, including, but not limited to, Title VII of the Civil Rights Act of 1964, which prohibits harassment in the workplace, and Title IX of the Education Amendments of 1972, which prohibits harassment of students as a form of discrimination that denies or limits a student’s ability to participate in or benefit from the University’s programs. Inquiries about the University’s sexual harassment policy should be directed to the Title IX Coordinator by contacting either the Office of Student Development (students) or the Office of Human Resources (employees).

The Title IX Coordinators are the designated agents of the University with primary responsibility for coordinating Title IX compliance efforts. The Title IX coordinators’ responsibilities are crucial to the development, implementation, and monitoring of meaningful efforts to comply with Title IX legislation. The coordinators are responsible for developing and implementing the grievance procedures recommended by Title IX legislation. Those procedures include notification and investigation of complaints; providing educational materials and training for the campus community; coordinating investigations of complaints; safeguarding a fair and neutral process for all parties; and monitoring all other aspects of the University’s Title IX compliance. Further, the Senior Coordinator oversees the University’s harassment policy in relation to Title IX law.

Adoption of procedures to provide prompt and equitable resolution of complaints is a critical function of the Title IX Coordinator. The coordinator can assist persons alleging sexual harassment or discrimination in filing their grievance(s) and/or oversee the step-by-step procedure to be sure that appropriate time frames are met, or such persons may work directly with the university officer who directly handles sexual harassment and discrimination cases.

In carrying out this responsibility, the coordinators may work in concert with other University officials. If the Senior Title IX Coordinator does not conduct the investigation of complaints, he or she should receive information about any grievances filed related to Title IX compliance. This procedure allows the institution to identify any patterns or repeat offenders that may be missed otherwise. The Senior Coordinator should also receive sufficient information throughout the process so that s/he can provide necessary guidance or information to ensure that the institution carries out its responsibilities under Title IX.

Three Types of Sexual Harassment

Hostile Environment: A hostile environment includes any situation in which there is harassing conduct that is sufficiently severe, pervasive/persistent, and patently offensive so that it alters the conditions of education or employment, from both a subjective (the alleged victim’s) and an objective (reasonable person’s) viewpoint. Purely verbal conduct rarely will be sufficient to establish a hostile environment. The determination of whether an environment is “hostile” must be based on all circumstances. These circumstances could include:
• The frequency of the conduct.
• The nature and severity of the conduct.
• Whether the conduct was physically threatening.
• Whether the conduct was humiliating.
• The effect of the conduct on the alleged victim’s mental or emotional state.
• Whether the conduct was directed at more than one person.
• Whether the conduct arose in the context of other discriminatory conduct.
• Whether the conduct unreasonably interfered with the alleged victim’s educational or work performance.
• Whether the statement is a mere utterance of an epithet which engenders offense in an employee or student, or by mere discourtesy or rudeness.
• Whether the speech or conduct is protected expression under the First Amendment or deserves the protection of academic freedom.

Quid Pro Quo sexual harassment exists when there are:
• Unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature.
• Submission to or rejection of such conduct results in adverse educational or employment action.

Retaliation: For purposes of this policy, “retaliation” means:
• The student was engaged in protected activity (i.e., serving as a witness or complainant in a sexual harassment complaint); and
• A faculty member or other person with authority over the student was aware of the activity; and
• The student suffered an adverse educational action, and
• There was a causal connection between the student’s protected activity, the faculty member’s awareness of the protected activity, and the adverse educational action. An adverse educational action is any educational action that significantly interfered with the student’s access to educational programs or activities.

Technically, a co-worker or fellow student cannot retaliate because neither has authority over the person who suffered an adverse employment or educational action. However, the University may sanction a faculty, student, or staff member who harasses or intimidates a person because of the person’s participation in a protected activity, as described above.

Harassment or intimidation includes, but is not limited to, threats or actual violence against the person or his or her property, ridicule, taunting, bullying, or ostracism. This policy incorporates languages suggested by Tom Trager, associated counsel to the University of Colorado, and Brett Sokolow, from NCHERM.

Read full Title IX information and policies.