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Policy Title: Sexual Harassment, Sexual Misconduct, Dating Violence, Domestic Violence, and Stalking

Boise State University Policy # 1065
Effective Date: April 1, 2014
Revised: March 2015

Purpose:
This policy details the University’s commitment to providing a learning, working and living environment free from sex and gender-based discrimination, harassment, and violence.

Additional Authority:
-Title VII of the Civil Rights Act of 1964
-The Pregnancy Discrimination Act
-Title IX of the Education Amendments of 1972
-The Age Discrimination in Employment Act of 1976
-The Equal Pay Act of 1963
-The Americans with Disabilities Act of 1990 as amended
-The Violence Against Women Act of 1994, as reauthorized in 2000, 2005, and 2013
-The Genetic Information Nondiscrimination Act of 2008
-The Vietnam Era Veterans’ Readjustment Assistance Act
-The Family Educational Rights and Privacy Act of 1974 (FERPA)
-Executive Order 11246
-The Idaho Human Rights Act;
-The Higher Education Act of 1965 as amended by the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act
-Idaho Code Sections 18-918, 18-1506, 18-1508, 18-1601, 18-6101, 18-6108, 18-6608, 18-7905, 18-7906, 39-6303
-Idaho Executive Order 2007-18
-University Policy 1060 (Non-discrimination and Anti-harassment)
-University Policy 2020 (Student Code of Conduct)

Scope:
This Policy applies to all University employees, students, contractors, vendors, customers, or visitors to the University as well as anyone participating in a University sponsored activity (collectively “Members of the University Community”).

Responsible Party:
Office of Institutional Compliance and Ethics, 426-1258

Definitions:
Confidential Resources – Women’s Center, University Health Services Medical and Counseling staff that learn of a potential violation of this policy while performing services in scope of their employment.

Consent – Freely given agreement, which may be withdrawn at any time, to engage in a course of conduct. Neither silence, the absence of resistance, nor the existence of a prior consensual sexual relationship are sufficient to indicate consent. Consent cannot be given by those who are incapacitated by alcohol or illegal or prescription drugs, unconscious, asleep, harassed, coerced, threatened, or otherwise forced into sexual activity. Consent for sexual activity cannot be given by someone under 16 years of age; those who are 16 or 17 may only consent to sexual encounters with partners who are less than 3 years older.

Discrimination – Treating an individual differently or less favorably on the basis of one’s sex, gender, sexual orientation, or pregnancy. Discrimination on basis of race, color, religion, age, national origin, physical or mental disability, veteran status, genetic information, or any other status protected under applicable federal, state, or local law is covered in University Policy 1060.

Domestic/Dating Abuse and Violence – Harassment on the basis of sex or gender that is intended to harm, threaten, intimidate, or control another person in a relationship of a romantic or intimate nature, regardless of whether that relationship is ongoing or has concluded or the number of interactions between the individuals involved. This often takes the form of abuse, whether physical, sexual, verbal, emotional, or technological. To be a violation of this policy, the behavior must create a hostile environment.

Harassment – A form of discrimination consisting of unwanted conduct that is so severe, pervasive, or persistent that it creates an intimidating, hostile, or offensive environment that would cause a reasonable person substantial emotional distress and undermine the ability to work, study, learn, or participate in regular life activities or in the activities of the University, and actually does cause the harassed person(s) these difficulties. Harassing conduct may be verbal, written, visual, electronic or physical in nature.

Hostile Environment – An environment created through conduct that is so severe, pervasive, or persistent that it interferes with or limits a person’s ability to participate in or benefit from Boise State’s programs and services. The more severe the conduct, the less need there is to show a repetitive series of incidents to prove a hostile environment, particularly if the harassment is physical. A single or isolated incident of sex or gender-based harassment or discrimination may create a hostile environment if the incident is sufficiently severe. Additionally, use of personal social networking programs may create a hostile environment if the use is intimidating or offensive and is sufficiently severe, persistent, or pervasive that it interferes with an individual’s ability to participate or benefit from programs and services.

Members of the University Community – University employees, students, contractors, vendors, customers, or visitors and anyone participating in a University sponsored activity.
Responsible Individuals – All University employees (except those defined as Confidential Resources) and any contractor, vendor or volunteer who (a) supervises employees, students, or other contractors or vendors; or (b) teaches, coaches, or advises students; or (c) has management authority related to a University sponsored program or activity. Responsible Individuals are mandatory reporters for purposes of this policy.
Retaliation – Adverse treatment of an individual because that individual opposed discrimination or harassment, made a complaint pursuant to this policy, or cooperated with an investigation conducted pursuant to this policy.

Sexual Harassment – Harassment on the basis of sex or gender includes, but is not limited to:

  • • an attempt to coerce an unwilling person into a sexual relationship;
  • • to repeatedly subject a person to unwelcome sexual attention, unwanted comments, or communications or jokes of a sexual nature or about their sexual experiences or orientation;
  • • to punish a refusal to comply with a sexual request;
  • • to condition a benefit on submitting to sexual advances;
  • • stalking, if predicated on a target’s sex or gender;
  • • threatened or actual sexual violence; and
  • • bullying someone on the basis of sex or gender including for exhibiting what is perceived as a stereotypical characteristic for their sex or for failing to conform to stereotypical notions of masculinity and femininity, including repeated use of degrading words, gestures, or sounds to describe a person.

Sexual Misconduct – A form of harassment on the basis of sex. To be a violation of this policy, the conduct must be based on power differentials (“quid pro quo”) or create a hostile environment. Sexual misconduct includes any of the following:

1. Sexual harassment: (as defined above)

2. Unwanted sexual contact (or attempts thereof): Any intentional sexual contact (whether with a body part or a foreign object) by one person upon another, performed without consent. Examples of sexual contact include:

  • • Contact with the breasts, buttock, groin, or genitals, or touching of another with any of these body parts;
  • • Making a person touch themselves or another person with or on the breasts, buttocks, groin, or genitals; and
  • • Bodily contact in a sexual manner, though not involving contact with breasts, buttocks, groin, genitals, mouth, or other orifice.

3. Non-consensual sexual intercourse (or attempts thereof): Sexual intercourse in which one party has not freely agreed to participate, whether or not it is performed through force. Sexual intercourse includes vaginal penetration by a penis, object, tongue or finger, anal penetration by a penis, object or finger, and mouth to genital contact, no matter how slight the penetration or contact.

4. Sexual exploitation: Non-consensual or abusive sexual behavior which does not fit within one of the other sexual misconduct offenses. Examples of sexual exploitation include, but are not limited to:

  • • Invasion of sexual privacy;
  • • Prostituting of a Member of the University Community;
  • • Non-consensual recording of any form of a sexual activity;
  • • Duplication, distribution, or publication of a consensually made recording of a sexual activity without the consent of all parties involved in the recorded sexual act;
  • • Going beyond the boundaries of consent, including letting someone else watch a consensual sex act while hiding;
  • • Knowingly viewing, photographing, or filming another person without that person’s knowledge and consent, while the person being viewed, photographed, or filmed person is in a place where there is a reasonable expectation of privacy;
  • • Knowingly transmitting a sexually transmitted infection to a Member of the University Community; and
  • • Exposing one’s genitals or inducing another to expose their genitals in non-consensual circumstances.

Stalking – Stalking is a course of conduct directed at a specific person that would cause a reasonable person to feel fear or substantial emotional distress. Stalking on the basis of sex or gender that creates a hostile environment is a form of harassment under this policy. For the purpose of this definition, a pattern of behavior is defined as two or more incidents. Stalking behaviors may include, but are not limited to:

  • • Non-consensual communication including, in-person communication, telephone calls, voice messages, text messages, email messages, social networking site postings, instant messages, postings of pictures or information on websites, written letters or notes, gifts, or any other communications that are undesired and/or place another person in fear;
  • • Following, pursuing, waiting, or showing up uninvited at a workplace, place of residence, classroom, or other locations frequented by the person being targeted by the behaviors;
  • • Surveillance and other types of observation, whether by physical proximity or electronic means;
  • • Trespassing;
  • • Vandalism;
  • • Non-consensual touching;
  • • Direct physical and/or verbal threats against a person being targeted or that person’s friends, family members, or animals;
  • • Gathering of information about a person from that person’s family, friends, co-workers, or classmates;
  • • Manipulating and controlling behaviors such as threats to harm oneself or threats to harm someone close to the target of the behaviors; and
  • • Defamation and slander of the person being targeted.

Policy

  • I. Policy Statement
  • Boise State University is committed to maintaining a working and learning environment that is free from discrimination, harassment, and violence and in which all Members of the University Community are treated with dignity and respect. The University strives to create an environment that supports, encourages and rewards career and educational advancement on the basis of ability and performance. Accordingly, Boise State prohibits, to the extent permitted by applicable law, discrimination on the basis of sex, gender, sexual orientation, and pregnancy; sexual misconduct, domestic and dating abuse and violence, and stalking.
  • II. Responsibilities
    • A. General Requirements
    • All Members of the University Community are responsible for following this policy to create a campus environment free from prohibited sex and gender-based discrimination, harassment, and violence. The University expects all Members of the University Community to avoid any behavior or conduct that could reasonably be interpreted as unlawful sex or gender-based discrimination or harassment.
    • B. Reporting Requirements
      • 1. Responsible Individuals who observe or are otherwise aware of sex or gender-based discrimination or harassment that could be in violation of this policy must report such conduct in accordance with this policy as soon as practical after learning of the potential violation. All other Members of the University Community (except Confidential Resources) are encouraged to promptly report possible or actual violations of this policy.
      • 2. Confidential Resources will collect general aggregate data about potential violations of this policy including the nature and general location of the incident. Aggregate data must be reported to the Director of Title IX/ADA/504 Compliance at the end of each semester.
      • 3. Faculty and staff designated as Campus Security Authorities (CSAs) for the purpose of Clery Act compliance must also report alleged Clery crimes to the Clery Compliance Officer. For more information, please see http://security.boisestate.edu/csa/.
    • C. Members of the University Community are expected to cooperate with the University in any investigation of allegations under this policy.
  • III. Options for Assistance Following Sexual Misconduct
    • A. Victims of sexual assault, domestic violence, dating violence, or stalking are encouraged to report these incidents in one of the following ways:
      • 1. In an emergency, always call 9-1-1.
      • 2. Campus Security and Police Services may be reached at (208) 426-6911 or by activating a blue emergency phone on campus. The Boise Police Department non-emergency number is (208) 377-6790.
      • 3. For victims who wish to contact a campus community member for assistance, options include:
        • a. Director of Title IX/ADA/504 Compliance at (208) 426-1258;
        • b. Human Resource Services at (208) 426-1616; or
        • c. The Boise State Women’s Center at (208) 426-4259.
    • B. In order to help prevent victimization of others, the University may notify the campus community of reported offenses and will include aggregated statistics of such offenses in its Annual Security Report. However, the University will not release the names or other personally identifiable information of victims.
    • C. It is important to preserve evidence of any offense as it may be helpful to obtain a protection order or to prosecute the offender. For information on how to preserve evidence, please visit the Women’s Center.
    • D. Victims are encouraged to seek immediate medical attention even if they do not wish to report a crime to police. Options for places to seek medical attention are included in the addendum to this policy.
    • E. After reporting and/or getting medical attention, victims are encouraged to seek counseling or other support. Options for places to seek additional support are included in the addendum to this policy.
  • IV. Ongoing Assistance
    • A. The University will assist victims with seeking and enforcing civil protection orders and/or criminal no contact orders.
      • 1. The Boise State Women’s Center can provide information and advocacy for students or employees who wish to obtain a civil protection order.
      • 2. Victims may request that Campus Security and Police Services issue a location-specific or campus-wide exclusion order; these requests may or may not be granted depending on the circumstances.
      • 3. The Director of Title IX/ADA/504 Compliance or a designee may also issue temporary University-based no contact orders when necessary to protect the health and safety of campus community members.
      • 4. Victims who have received a civil protection order or criminal no contact order are encouraged to contact and provide a copy of the order to Campus Security and Police Services so campus authorities and police may assist in order enforcement. This notification is especially important when that order lists University locations as protected areas.
    • B. The Director of Title IX/ADA/504 Compliance or a designee will offer assistance to victims in the form of opportunities for academic accommodations (for example, class schedule changes, incompletes, or withdrawals), when appropriate, changes in housing for the victim or the responding student, changes in work situations, no contact orders, campus escorts, transportation assistance, and targeted interventions.
  • V. Investigation Procedures, Disciplinary Actions and Possible Sanctions
    • A. When a Responsible Individual receives a report or is otherwise placed on notice of a potential violation of this policy, the Director of Title IX/ADA/504 Compliance must be notified in order to initiate an investigation. Investigations may be limited by the information provided by the victim or complainant.
      • 1. If the report is made to the Director of Title IX/ADA/504 Compliance by someone other the person alleging discrimination or harassment, the Director of Title IX/ADA/504 Compliance or a designee will contact the target of the potentially discriminatory or harassing behavior to provide information on this policy, related campus administrative proceedings, and rights and responsibilities.
      • 2. Immediate interim measures may be put in place to protect Members of the University Community. Interim measures may include, but are not limited to: administrative temporary no contact orders, employment and academic adjustments, suspension, exclusion from campus, administrative leave, housing transfers or lease termination, temporary removal from clubs, organizations, or athletic teams, and suspension of student or staff/faculty identification card.
    • B. Upon report of a potential violation of this policy the Director of Title IX/ADA/504 Compliance or a designee will complete a prompt, thorough, and impartial investigation. The victim may request anonymity and/or confidentiality, which may limit the extent of the investigation. All such requests will be weighed against the safety needs of the broader campus community. If, by a preponderance of the evidence (meaning more likely than not), the investigation results in a finding of a violation of this policy or any other University policy (including the Student Code of Conduct), findings will be forwarded for resolution through the student conduct process or the employee disciplinary process.
    • For information on the student conduct process, see University Policy 2020. For information on the employee disciplinary process see Section VII of the University Policy Manual.
    • C. Investigations conducted under this policy, the student conduct process, and/or the employee disciplinary process, are conducted by investigators, hearing officers, and appeals officers who receive annual training. Such training focuses on domestic violence, dating violence, sexual assault, stalking, sexual harassment, retaliation and other behaviors that may constitute sex or gender discrimination covered under this policy. Training also focuses on how to conduct an investigation and hearing process that protects the safety of victims and promotes accountability of offenders.
    • D. Such proceedings shall provide a prompt, fair, and impartial resolution.
    • E. In any proceeding based on a complaint of a potential violation of this policy, the person bringing the complaint and the responding party are entitled to the same opportunity to have a support person or advisor of their choice present throughout the process, including in any meeting, conference, hearing or other procedural action.
    • F. Once a proceeding is complete, the parties will be informed, in writing, of the outcome, including the finding and the sanctions, in accordance with The Family Educational Rights and Privacy Act of 1974 (FERPA) and applicable state and federal employment laws (if any). Both parties will be informed of the outcome as near to simultaneously as possible, without unnecessarily bringing those in conflict into close proximity of each other.
    • G. Possible sanctions the University may impose for actions that violate this policy include, but are not limited to, educational modules, additional employee training, performance improvement plans, suspension, probation, exclusion from campus, expulsion, or termination.
    • H. All parties will be informed of the University’s sanction/disciplinary appeal processes and their rights to exercise a request for appeal. Should any change in sanctions occur as a result of an appeal, all parties will receive timely written notification. The parties will also be notified when the results of the process become final.
    • I. For additional information about investigation procedures, including timelines, go to the Dean of Student’s website or Section VII of the University policy manual.
  • VI. Confidentiality
  • The investigation outcome and any resolution by the University are maintained with complainant and respondent privacy in mind. Information is only shared on a need to know basis. Where information must be shared to conduct a thorough investigation, the complainant will be informed. Investigation records are maintained in accordance with Idaho law and FERPA, as well as any other applicable laws or regulations. Any public release of information, including that to comply with the timely warning provisions of the Clery Act, will not include the names of victims or information that could easily lead to a victim’s identification.
  • VII. Protection Against Retaliation
    • A. Boise State prohibits Members of the University Community from retaliating against anyone who has made a good faith complaint under this policy, or anyone who has cooperated in good faith with an investigation conducted pursuant to this policy. The University will take necessary steps to prevent retaliation or to remedy the effects if it does occur.
    • B. Members of the University Community who retaliate against complainants or witnesses in an investigation conducted pursuant to this policy will be subject to appropriate disciplinary action, up to and including termination from employment and/or sanctions pursuant to the Student Code of Conduct.
    • C. Complaints of retaliation should be reported to the same authority responsible for conducting the primary investigation.
  • VIII. Training and Educational Programming and Notification of Services
  • The University will provide primary prevention and awareness programming to all incoming students and new employees and will provide ongoing prevention and awareness campaigns throughout the year. Specific elements of the programming are described more fully in the Annual Security Report. Programming will, at a minimum, include the following:
    • A. Information on all aspects of this policy and its application at Boise State University.
    • B. A statement of the University’s prohibition of domestic violence, dating violence, sexual assault and stalking, consent, and definitions of each, as they are defined under Idaho law and also how they are defined in University policy (set forth in full in the Definitions section at the beginning of this policy).
    • C. Bystander intervention training, covering safe and positive options for intervention that may be carried out by a bystander to prevent harm when there is a risk of domestic violence, dating violence, sexual assault, or stalking occurring. Programs will also offer information on risk reduction including how to recognize warning signs of abusive behavior and how to avoid potential attacks.
    • D. Information for victims of sex offenses, domestic violence, dating violence, and/or stalking including services and assistance available to victims, how to report an offense, the importance of preserving evidence, and the rights of victims.
  • ADDENDUM: CONTACT OFFICES AND CONTACT INFORMATION
  • Director of Title IX/ADA/504 Compliance
    Office of Institutional Compliance and Ethics
    Riverfront Hall, Suite 306
    1987 Cesar Chavez Lane, Boise, ID 83725
    Email: ReportDiscrimination@boisestate.edu
    Phone: (208) 426-1258
  • EEO/AA Specialist, Sr.
    Human Resource Services
    1910 University Drive (PAAW Building)
    Email: hrs@boisestate.edu
    Phone: (208) 426-1616
  • Women’s Center
    1910 University Drive (Student Union Building, Second Floor)
    Email: womenscenter@boisestate.edu
    Phone: (208) 426-4259
    http://womenscenter.boisestate.edu/support-2/.
  • Campus Security and Police Service
    2245 University Drive
    Email: policeuniversitysecurity@boisestate.edu
    Phone: (208) 426-6911
  • Ada County Community Services
  • Medical Attention/Examination:
      FACES, located at 417 S. 6th Street, Boise, (208) 577-4400, is a specialized facility close to campus with experienced nurses and physicians trained to conduct sexual assault forensic exams. The emergency rooms at St. Alphonsus or St. Luke’s (Boise and Meridian) hospitals; both have response teams specially trained to assist victims of sexual assault, domestic violence, and dating violence.
  • Counseling/Support:
    • In addition to the Women’s Center and the Director of Title IX/504/ADA Compliance, there are many services available on campus and in the community to support students and employees in crises, including counseling, health, mental health, victim advocacy, legal assistance, and other services. Students and employees may call Boise State Counseling Services at (208) 426-1601 and Boise State Health Services at (208) 426-1459 (confidential services) during weekday business hours. In the Boise area, there is also a confidential 24-hour rape crisis line (208) 345-7273 and a confidential 24-hour domestic violence crisis hotline (208) 343-7025 operated by the Women’s and Children’s Alliance (WCA) and is available to respond to concerns and provide referral information.
  • Mountain Home Community Services
  • Medical Attention/Examination:
    • • St. Luke’s Elmore County, located at 895 N. 6th E Street, Mountain Home, (208) 587-8401, providing emergency medical services, forensic and physical exams and preventative care.
    • • Mountain Home Air Force Base Urgent Care and Women’s Health Clinic 90 Hope Drive Bldg. 6000, Mountain Home AFB, ID 83648, (208) 828-7900
  • Counseling/Support:
    • The Elmore County Domestic Violence Council at (208) 587-9091 for support services and referral to local counseling options.
  • Twin Falls Community Services
  • Medical Attention/Examination:
    • St. Luke’s Magic Valley Medical Center, 212 3rd Ave. S, Twin Falls, Idaho(208) 732-3000, providing emergency medical services, forensic and physical exams and preventative care.
  • Counseling/Support:
    • The Crisis Center of Magic Valley, 244 2nd Ave. E, Twin Falls, (208) 733-0100, or the Mini-Cassia Shelter for Women & Children, 123 S. C Street, Rupert, (208) 436-0987 for support services and referral to local counseling options.
  • Coeur d’Alene Community Services
  • Medical Attention/Examination:
    • Kootenai Health, located at 2003 Kootenai Health Way, Coeur d’Alene, Idaho (208) 625-4000, providing emergency medical services, forensic and physical exams and preventative care.
  • Counseling/Support:
    • The North Idaho Violence Prevention Center, 850 N. 4th Street, Coeur d’Alene, (208) 664-9303 or the Post Falls Police Department OASIS Program, 1717 E. Polston Ave, Post Falls (208) 773-3517 for support services and referral to local counseling options.
  • Lewiston Community Services
  • Medical Attention/Examination:
    • St. Joseph Regional Medical Center 1250 Idaho St., Lewiston (208) 799-5533, providing emergency medical services, forensic and physical exams and preventative care.
  • Counseling/Support:
    • Please contact the YMCA of Lewiston-Clarkston, 300 Main Street, Lewiston, (208) 734-1535
      for support services and referral to local counseling options.