Consistent with other provisions of PLU’s Student Code of Conduct, Personnel Manual, and Faculty Handbook, this policy and procedures herein apply to all students enrolled in courses, all full and part time employees, and any volunteers who within their role represent Pacific Lutheran University. Enrolled or newly employed individuals involved in incidents prior to attending their first day, or incidents occurring during a university closure or vacation period may be subject to action through an alternative conduct process.
Unless otherwise specified, any individual who is accused of engaging in Prohibited Conduct as defined by this policy who is not a student, faculty member, or staff member is generally considered a third party. PLU’s ability to take corrective action against a third party may be limited and will depend on the nature of the third party’s relationship, if any, to PLU. When appropriate, the Title IX Coordinator will offer the Impacted Party supportive measures and refer such allegations against a third-party to the appropriate office.
The University will respond promptly in a manner that is not “deliberately indifferent” once it obtains, or has available “actual knowledge” of conduct that reasonably may constitute Prohibited Conduct, and the alleged conduct meets the definition as articulated in this policy and/or the Title IX regulations. Prior to PLU proceeding with any formal or informal grievance process, a Formal Complaint must be articulated to the Title IX Coordinator. A Formal Complaint is a signed written statement requesting the university to investigate and make a determination about alleged Prohibited Conduct. “Actual knowledge” is obtained when the Title IX Coordinator, or any official of the University who has authority to institute corrective measures, receives notice of the alleged Prohibited Conduct.
A Title IX regulated response will only be initiated if the incident involves current community members (students, faculty, or staff) who are attempting or actively participating in an educational program or activity in which PLU exercises substantial control over, occurs in the U.S., and meets the criteria defined in Title IX Final Rule by the Department of Education. This includes, but is not limited to, conduct occurring in a building owned or controlled by a student or employee organization officially recognized by the university.
The University reserves the right to follow the procedures outlined in the Student Code of Conduct, Personnel Manual, and Faculty Handbook if a student’s or employee’s behavior does not meet the above Title IX criteria, but does violate PLU’s community standards, regardless of where the behavior occurs. The University will, in its sole discretion, respond to off-campus behavior if an alleged violation occurs while a student or employee is engaged in a PLU-sponsored or sanctioned event (e.g.. study away, alternative spring break trips, athletic events, music performances, outdoor recreation), the behavior raises concern for the safety of those on-campus, or the behavior jeopardizes the university’s interests in the community.
In addition, the University may follow the applicable university procedures, or procedures defined by law enforcement whenever a student or employee is accused of a criminal act, regardless of the location of its occurrence.