Response Procedures

1. 1. Upon receipt of a report, the Title IX Coordinator will promptly contact the Impacted Part(ies) to offer supportive measures, and inform them of or confirm receipt of a report.
   2. The Title IX Coordinator will explain to the Impacted Part(ies) the process for filing a Complaint, and assess if the alleged conduct meets the definition of sex-based discrimination, and if so, which procedural path the Prohibited Conduct will be processed.
   3. The Title IX Coordinator will inform the Impacted Part(ies) of the availability of supportive measures with or without the filing of a Complaint.

   Supportive Measures are “reasonably available” environmental and resource-based alterations that may include, but are not limited to, counseling services, extensions of deadlines or other course-related adjustments, modifications of employment or class schedules, campus escort services, mutual restrictions on contact between the parties, changes in work or housing locations, leaves of absence, increased security and monitoring of certain areas of the campus, and other similar measures that are responsive to the specific situation.

   Supportive Measures are not meant to be punitive, or unreasonably burden the Impacted Party or Respondent. Either party has the opportunity to request a review of the offered supportive measures, and seek additional provisions be added, or that the existing measures be modified or terminated. 

Reports of Prohibited Conduct will not, on their own, initiate a Title IX investigation. An actual  Complaint is required, and must be articulated either in written format or orally to the Pacific Lutheran University Title IX Coordinator, or designee, to begin a formal grievance process under this policy and as outlined in the U.S. Department of Education Title IX Regulations. As defined by Title IX Regulations, Pacific Lutheran University may dismiss complaints that fail to meet the definitions below or are outside of its prescribed jurisdiction. Prohibited Conduct that does not meet the definition or jurisdiction of sex-based discrimination as defined by Title IX Regulations, may be, at the discretion of PLU, processed through the PLU Student Code of Conduct.

Consistent with the Title IX regulations issued on April 19, 2024, for a formal investigation to proceed through PLU’s Title IX Formal Process, it must meet several criteria. The Prohibited Conduct must be one of the following forms of sex discrimination:

• Quid Pro Quo Sexual Harassment: This exists when there are unwelcome sexual advances, requests for sexual favors or other verbal or physical conduct of a sexual nature; and submission to or rejection of such conduct results in adverse educational or employment action; or
• Hostile Environment Harassment: Unwelcome sex-based conduct that, based on the totality of the circumstances, is subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from PLU’s education program or activity (i.e., discrimination that creates a hostile environment); or
• “Sexual assault” as defined in 20 U.S.C. 1092(f)(6)(A)(v), “dating violence” as defined in 34 U.S.C. 12291(a)(10), “domestic violence” as defined in 34 U.S.C. 12291(a)(8), or “stalking” as defined in 34 U.S.C. 12291(a)(30). (Refer to Section XII for formal definitions.)

Initial assessment of these criteria, does not preclude Pacific Lutheran University from removing a Respondent from an educational program or activity on an emergency basis, pending an individualized safety and risk assessment and determination that an immediate threat to the physical health or safety of any student or other individual arising from the allegations of sexual harassment justifies removal. In these situations, Pacific Lutheran University will provide the Respondent with notice and an opportunity to appeal the decision immediately following the removal. This provision may not be construed to modify any rights under the Individuals with Disabilities Education Act, Section 504 of the Rehabilitation Act of 1973, or the Americans with Disabilities Act. 

If a report is formally dismissed by the Title IX Coordinator or their designee, the report will be referred to the Office of Student Rights and Responsibilities for evaluation if the reported behavior is otherwise a violation of the Pacific Lutheran University’s Student Code of Conduct. The Impacted Party(ies) will be notified of the dismissal in writing.

The dismissal of a report does not preclude an Impacted Party from utilizing any of the supportive measures outlined in this policy.

If the Complaint is within a) jurisdiction of Pacific Lutheran University and b) meets the definition and threshold of Prohibited Conduct, PLU is obligated to respond to the Complaint. When the Title IX or Student Code of Conduct grievance process is initiated on the basis of a Complaint, the individual alleged to have engaged in the Prohibited Conduct and who must respond to the allegations is designated as the Respondent. The Impacted Party(ies) who submit the Complaint will be designated as the Complainant(s). Prior to and during this process, Pacific Lutheran University presumes that the Respondent is not responsible for the alleged conduct and does not make a determination regarding responsibility until the conclusion of the grievance process. 

The Title IX Coordinator may dismiss a Complaint of Prohibited Conduct, if applicable, for any of the following reasons:

1. The University is unable to identify the Respondent after taking reasonable steps to do so;
2. The University is unable to compel a Respondent to participate in the University’s process because the University does not have authority or jurisdiction over the Respondent;
3. The Respondent is no longer participating in PLU’s education program or activity, and is not employed by PLU and there is a reasonable expectation and related evidence to support that they will not return to active status;
4. The Complainant voluntarily withdraws any or all of the allegations in the complaint, and the University determines that, without the Complainant’s withdrawn allegations, the conduct that remains alleged in the complaint, if any, would not constitute Prohibited Conduct under Title IX or the Student Code of Conduct; or
5. The University determines the conduct alleged in the complaint, even if proven, would not constitute Prohibited Conduct under Title IX or the Student Code of Conduct. Prior to dismissing the complaint, the Title IX Coordinator must make reasonable efforts to clarify the allegations with the Complainant.

There are different procedures used to respond to Prohibited Conduct. Title IX procedures are defined by the Department of Education’s 2024 Final Rule Title IX legislation. The Title IX Coordinator will assess each reported incident and will coordinate the appropriate response pathway.  Pathways available are defined by who the Complainant and Respondent are, the severity or pervasiveness of the conduct, and where the misconduct took place. Partners in responding to Prohibited Conduct are, but not limited to: Office of Human Resources, University Dispute Resolution Committee, and the Dean of Students Office. Any conduct that does not meet the criteria for or jurisdiction of Title IX will be processed by PLU’s Student Code of Conduct Procedures or through policies and procedures listed in relevant Personnel, Faculty, or Staff Handbooks.  

The link for Title IX Prohibited Conduct Procedures is here: 

https://www.plu.edu/title-ix/documents/

The link for PLU’s Student Code of Conduct Procedures is here:

https://www.plu.edu/student-rights-and-responsibilities-procedures/

In lieu of resolving a Complaint through the formal grievance procedures, the parties may instead elect to participate in an Informal Resolution process. Both parties must enter an Informal Resolution voluntarily, and prior to agreeing to a resolution, each party has the right to withdraw from the Informal Resolution process and to initiate or resume the formal grievance procedures. Once the parties have agreed to a final resolution, that agreement prevents either party from initiating or resuming the formal grievance process for that same allegation.

Informal Resolution options may include, but are not limited to, educational discussions, mediated discussions, or an arbitrated agreement-based resolution.

Impacted parties may choose to engage in criminal prosecution procedures and/or civil litigation in connection with the same behavior that forms the basis of a Prohibited Conduct report under this policy. In such cases, the University will cooperate and assist with coordination with local law enforcement and may, if requested and appropriate, share information with those agencies. The University will fulfill its legal and ethical obligation to take immediate and appropriate action to investigate possible violations of this policy, even if there are external processes or procedures pending in connection with that same complaint of Prohibited Conduct.

Standards for criminal investigations are different from the standards for a violation of this policy, and therefore the University will not base its decisions under this policy solely on law enforcement reports and/or action. The University will take every possible step to coordinate with law enforcement and also will take steps to resolve the complaint within the University process in a timely manner.

Community members who believe any Prohibited Conduct they have experienced may be criminal in nature will receive support and assistance in contacting law enforcement and/or reporting the conduct for Statistical Disclosure under the Clery Act. PLU encourages accurate and prompt reporting of all crimes to Campus Safety and the appropriate law enforcement agencies.

As a part of its prevention and awareness programs for incoming students and new employees, and its ongoing prevention and awareness programs for continuing students and employees, PLU includes the definitions of sexual misconduct, the definition of consent in reference to sexual activity, and the definitions of domestic violence, dating violence, and stalking that are used by the criminal laws in applicable jurisdictions. The criminal law definitions used in Washington State are described in Appendix A for the sake of information only. However, PLU utilizes its own definitions of these prohibited behaviors for purposes of this policy that are consistent with the Clery Act, as amended effective 2014 (and expands upon the Clery Act as noted above), and determines responsibility for violations of PLU policy through its own procedures and standards of proof.