Title IX Policy and Procedure

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Policy and Procedure

The Title IX Policy and Procedure has been updated for 2020 to meet the Department of Education's Title IX Regulations. The Title IX Policy and Procedure can be found at https://www.evergreen.edu/policy/titleix, or a PDF of the Policy can be downloaded (PDF, 30 pages)

PDF iconTitle IX Policy and Procedure 2020

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Title IX Policy and Procedure 2020 in PDF form

Definitions

The Title IX Process uses specific language related to Title IX. Below are some definitions; please see the Policy and Procedure for additional definitions and information. 

Complainant: An individual who is alleged to be the victim of conduct that could constitute Sexual Harassment 

Respondent: An individual who has been reported to be the perpetrator of conduct that could constitute Sexual Harassment 

Education Program or ActivityLocations, events, or circumstances over which Evergreen exercised substantial control over both the Respondent and the context in which the alleged Sexual Harassment occurred.  

Formal Complaint: Writing submitted by the Complainant or signed by the Title IX Coordinator alleging Sexual Harassment against a Respondent and requesting that Evergreen conduct an investigation 

Grievance ProcedureThe process Evergreen uses to initiate, informally resolve, and/or investigate allegations that an employee or student has violated Title IX provisions prohibiting sexual harassment      

ConsentKnowing, voluntary, and clear permission by word or action, to engage in mutually agreed upon sexual activity. Each party has the responsibility to make certain that the other has consented before engaging in the activity. A person cannot consent if they are unable to understand what is happening or if they are disoriented, helpless, asleep, or unconscious for any reason, including due to alcohol or other drugs. An individual who engages in sexual activity when the individual knows, or should know, that the other person is physically or mentally incapacitated has engaged in nonconsensual conduct. 

Intoxication is not a defense against allegations that an individual has engaged in nonconsensual conduct. 

Consent cannot be obtained by force or coercion. Force is the use of physical violence and/or imposing on someone physically to gain sexual access. Force also includes threats or intimidation that overcomes free will or resistance 

Sexual HarassmentFor the purposes of this Title IX Policy and Procedures, Sexual Harassment occurs when a Respondent engages in the following discriminatory conduct on the basis of sex: 

  • Quid Pro Quo HarassmentAn Evergreen employee conditioning the provision of an aid, benefit, or service of Evergreen on an individual’s participation in unwelcome sexual conduct 

  • Hostile EnvironmentUnwelcome conduct that a reasonable person would find to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to Evergreen’s education program or activities or Evergreen employment 

Sexual AssaultIncludes the following conduct: 

  • Nonconsensual sexual intercourseAny action or attempted sexual intercourse (anal, oral, or vaginal), however slight, with any object or body part, by a person upon another person, that is without Consent and/or by force. Sexual intercourse includes anal or vaginal penetration by a penis, tongue, finger, or object, or oral copulation by mouth to genital contact or genital to mouth contact 

  • Nonconsensual sexual contactAny actual or attempted sexual touching, however slight, with any body part or object, by a person upon another person that is without consent and/or by force. Sexual touching includes any bodily contact with the breasts, groin, mouth, or other bodily orifice of another individual, or any other bodily contact in a sexual manner. 

  • IncestSexual intercourse or sexual contact with a person known to be related to them, either legitimately or illegitimately, as an ancestor, descendant, brother, or sister of either wholly or half related. Descendant includes stepchildren and adopted children under the age of eighteen (18). 

  • Statutory RapeConsensual intercourse between a person who is eighteen (18) years of age or older, and a person who is under the age of sixteen (16). 

  • Domestic ViolencePhysical violence, bodily injury, assault, the infliction of fear of imminent physical harm, sexual assault, or stalking committed by a person with whom the victim shares spouse, by a person who is cohabitating with or has cohabitated with the victim as a spouse, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the State of Washington, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the State of Washington, RCW 26.50.010 

  • Dating ViolencePhysical violence, bodily injury, assault, the infliction of fear of imminent physical harm, sexual assault, or stalking committed by a person (I) who is or has been in a social relationship of a romantic or intimate nature with the victim; and (ii) where the existence of such a relationship shall be determined based on the consideration of the following factors: the length of the relationship; the type of relationship; and the frequency of interaction between the persons involved in the relationship.

  • StalkingEngaging in a course of conduct directed at a specific person that would cause a reasonable person to (i) fear for their safety or the safety of others; or (ii) suffer substantial emotional distress. 

 

Reporting Options

A report to the Title IX Office or to an Official with Authority notifies the Title IX Office that misconduct has occurred. Evergreen will not take action on a report without gaining more information from the Complainant. Complainants can receive supportive measures and resource referrals without going through a resolution process. Options for reporting:

  • In person, via email, or telephone to an Official with Authority:
  • Online Reporting Form
  • Police Services at Evergreen
    • Seminar 1, 2150
    • Emergency Line: 9-1-1
    • Non-Emergency Line: 360-867-6832

 

Evergreen has designated several individuals on-campus as confidential, meaning they are not Responsible Employees and are not obligated to report any knowledge of an alleged Title IX violation to the Title IX Coordinator. For individuals not wishing to receive supportive measures or make a report, the following resources are confidential: