Printer FriendlyCONDUCT AND DISCIPLINARY INFORMATION
Definitions
"Accused": the person who allegedly ("is said to have") committed acts of sexual and relationship misconduct.
"Coercion": the use of force, or the threat of force, the use of a threat of immediate or future harm, or the use of physical or severe and/or pervasive emotional intimidation to cause another person to engage in or submit to certain activities. Coercion also includes administering a drug, intoxicant or similar substance that impairs the person’s ability to give consent.
"Consent": occurs when the parties exchange affirmative words or behavior indicating their agreement to freely participate in mutual sexual activity. See also the section on "University Consent Standard."
"Dating violence and domestic violence": Dating violence refers to a situation in which one dating partner is physically, emotionally or sexually abused by the other dating partner. Domestic violence is similar to dating violence but involves individuals who live together. This also includes non-intimate relationships such as roommates. Dating violence and domestic violence can occur between parties of the opposite sex or between individuals who are the same sex.
"Rape": vaginal or anal penetration, however slight, by a penis, object, tongue or finger as well as genital-oral penetration, initiated by a man or woman upon a man or a woman without consent.
"Reporting Party": the person who reports to the University alleging that he/she has experienced non-consensual sexual contact.
"Sexual Assault": non-consensual touching of the sexually intimate parts of a person without that person’s consent or permission.
"Sexual Exploitation": sexual exploitation occurs when a person takes unjust, or abusive sexual advantage of another; for his/her own advantage or benefit; or for the benefit or advantage of anyone other than the reporting party; and that behavior does not otherwise constitute rape, sexual assault or harassment [see Harassment Policy]. Examples of sexual exploitation include, but are not limited to:
- Creating images (including video or still photography) of a sexual nature via web-cam, camera, Internet exposure, etc., without knowledge and consent of all persons
- Knowingly transmitting HIV or another STD to an unknowing person or to a person who has not consented to the risk
- Inducing incapacitation with the intent to commit sexual assault — in this instance, sexual exploitation can occur regardless of whether sexual activity actually occurs
- Voyeurism
"Stalking": a pattern of repeated and unwanted attention, harassment, contact, or any other course of conduct directed at a specific person that would cause a reasonable person to feel fear.
HEARING PROCESS
A University inquiry occurs when a reporting party makes a report of sexual misconduct by a student. Depending upon the results of the inquiry the University may initiate a disciplinary hearing. In most cases the University will not initiate an inquiry or disciplinary proceeding without the reporting party’s request. However, under compelling circumstances such as evidence of a pattern of repetitive behavior, the use of force or threat of force, or the use of a weapon by the accused, the University may initiate an inquiry and/or disciplinary action.
Prior to the disciplinary hearing both the reporting party and the accused each have an opportunity to meet with a separate University "intake" person who will explain the process and what happens during a hearing. The reporting party and the accused are entitled to the same opportunity to have a support person (different than the intake person) present during a disciplinary proceeding. During the hearing process the incident is reviewed by either a hearing board or hearing officer. The process involves the board or officer listening to and speaking with the reporting party, accused and considering other relevant information, including witnesses. The board or officer makes a determination of responsibility for the allegation and sanctions, if appropriate, are recommended to the Chief Judicial Officer.
For detailed information on hearing procedures and appeals see the "Student Conduct and Disciplinary System" in this handbook.
Under Washington law, Sexual and relationship misconduct may be punishable crimes, and may also result in civil action. However, the University undertakes inquiries and disciplinary hearings and renders disciplinary sanctions in a non-criminal context. Although the definitions and procedures may be similar to criminal law or the criminal court system, they are specific to Gonzaga University and limited to the meaning and use given them by the University. An act not criminally prosecuted may still violate University policy.
Considerations for a Determination of Responsibility
Criminal courts make a determination of guilt or innocence of an accused. Civil courts resolve non-criminal disputes between parties, usually for a money judgment. Gonzaga’s disciplinary hearing process makes a determination of responsibility, that is, whether the accused more likely than not committed the alleged act.
For a determination of responsibility for sexual misconduct, a minimum of two conditions must be established to meet the University’s standard:
1) It was more likely than not that the reporting party was not able or did not give consent according to the definition of consent; and
2) It was more likely than not that the accused engaged in sexual misconduct, with knowledge — or with what most people would reasonably consider knowledge — that the reporting party was not able or willing to give consent freely and actively.
Whether consent was given or obtained is often a key factor in determining responsibility of sexual misconduct. Therefore, the following consent standard will be considered when determining responsibility.
University Consent Standard:
Consent, preferably in the form of verbal affirmation, must be informed and freely and actively given. Each individual is expected to obtain and give consent before sexual activity. If at any time either party demonstrates that she/he is hesitant, confused or unsure, or that is reasonably apparent, both parties should stop and obtain mutual verbal consent before continuing sexual activity.
Additional Consent Principles:
- A person who does not physically resist or verbally refuse sexual activity is not necessarily giving consent. For example, one who is asleep or significantly incapacitated cannot give consent.
- Individuals with a previous or current intimate relationship do not automatically give either initial or continued consent to sexual activity.
- An individual who is physically incapacitated from alcohol or other drug consumption (voluntarily or involuntarily), or is unconscious, unaware or otherwise physically helpless is considered unable to give consent.
Blackout state:
A person who is in an alcoholic blackout state may appear to act normally. An individual in a blackout state can walk, talk, drive, etc., but will not have memory of these activities. If this person affirmatively gives words or actions indicating a willingness to engage in mutually agreed on sexual activity and the other person is unaware — or reasonably could not have known of the alcohol consumption or blackout, then consent may be considered to have been given.