This policy addresses the responsibilities of Pacific Lutheran University (“PLU”) under the Title IX 2020 Final Rule, the 2013 Clery Campus Safety Act (amended 2024), and the Violence Against Women Reauthorization Act of 2013 (“VAWA”), which was last amended in 2022. Title IX prohibits discrimination on the basis of sex in education programs and activities; and, programs that receive federal assistance. VAWA requires that universities have procedures in place to respond to matters of sexual assault, relationship violence and stalking. These laws are consistent with PLU’s Non-Discrimination Policy, its prohibition against sex discrimination and sexual harassment (including sexual misconduct), and the retaliation against any person opposing sexual harassment or discrimination or participating in any such complaint process, or investigation, whether internal or external. It’s PLU’s philosophy and ethical obligation to provide an environment in which our PLU community can live, work and study free from all types of sex associated discrimination.
This policy covers student to student, employee to student, and employee to employee-related concerns of Sexual Harassment, Sexual Assault and Sexual Misconduct, Dating Violence or Domestic Violence (“Relationship Violence”) and Stalking. This conduct will be referred to collectively as “Prohibited Conduct”. This policy should be used if the Impacted Party (who may also be referred to as the Complainant) is a student or employee who is currently participating or attempting to participate in a PLU program or activity, or is currently employed or contracted with the institution; and the individual against whom the allegations are made (referred to as the Respondent) is currently under the disciplinary authority of the university. In cases when one person, either the Complainant or Respondent is not a member of the PLU community, PLU will determine, in its sole discretion, the best remedies for the Impacted Party and the community.
If the alleged behavior does not meet the 2020 Final Rule definition and criteria for Title IX as defined by the U.S. Department of Education, but there is an allegation of Prohibited Conduct, the report will be referred to one of the following for further review and, in PLU’s sole discretion, further action utilizing the appropriate conduct or university policy: the Student Rights and Responsibilities Office for student to student concerns; the Human Resources Department for incidents involving staff; or the academic department dean for faculty involved incidents. This policy, the Title IX Prohibited Conduct Formal Process, the Student Code of Conduct, the Faculty Handbook, and the Personnel Manual set forth the procedures that PLU will follow regarding reports, formal complaints, implementation of available and reasonable supportive measures, investigation and the determination whether a Respondent has violated this policy. When a determination is made that a violation has occurred, PLU will issue sanctions, remedies for the aggrieved party, and take actions that are commensurate with the violation and which reflect PLU’s determination to end such conduct, prevent its recurrence, and remedy its effect on individuals and the community.