This policy addresses the responsibilities of Pacific Lutheran University (“PLU”) under Title IX 2024 Final Rule, the 2013 Clery Amendments, and the Violence Against Women Reauthorization Act last amended in 2022 (“VAWA”). Title IX prohibits discrimination on the basis of sex (gender and gender identity) in education programs and activities; and, programs that receive Federal financial assistance. VAWA requires that universities have procedures in place to respond to matters of sexual assault, relationship violence and stalking. These laws are consistent and aligned with PLU’s Non-Discrimination Policy, its prohibition against sex discrimination (including sexual misconduct), and the retaliation against any person opposing sex discrimination or participating in any sex discrimination 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 gender associated discrimination.
This policy covers student to student-related concerns related to Sex Discrimination; Sex-based Harassment, a form of sex discrimination including quid pro quo, hostile environment harassment, and the VAWA specific offenses Sexual Assault, Dating Violence or Domestic Violence (“Relationship Violence”) and Stalking; as well as other Sexual Misconduct. 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 was participating or attempting to participate in a PLU program or activity at the time the alleged conduct occurred; and the student against whom the allegations are made (referred to as the Respondent) is currently enrolled, or actively participating in a PLU sanctioned or sponsored program or activity. If the Impacted Party is a student and the Respondent is an employee of PLU, the Impacted Party should refer to the PLU Human Resources Sexual Misconduct Policy. 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 2024 Final Rule definition and criteria for Title IX as defined by the U.S. Department of Education, but there is an allegation of student misconduct, the report will be referred to the Dean of Students Office and Student Rights and Responsibilities for further review and in PLU’s sole discretion, further action utilizing the appropriate conduct or university policy.
This policy, the Title IX Prohibited Conduct Formal Procedures, and the Student Code of Conduct procedures set forth the procedures that PLU will follow regarding reports, complaints, implementation of available and reasonable supportive measures, and making a determination whether a policy violation has occurred. 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.