Sexual Misconduct & Civil Rights (Title IX)
Dongguk University Los Angeles community welcomes and affirms the rights of its students, faculty and staff to live, work and study in an environment free of discrimination, harassment and sexual misconduct. Consistent with the expectations Title IX of the Education Amendments of 1972 ("Title IX"), the University prohibits discrimination based on sex in the education programs and activities of an institution which receives federal financial assistance. As a recipient of federal financial assistance, Dongguk University Los Angeles is required to adhere to Title IX requirements.
Title IX protects faculty, staff and students against unlawful acts of sexual misconduct, including sexual violence, sexual harassment, sexual exploitation, intimate partner violence, dating violence, bullying (including cyber bullying) and stalking. Taken together, these acts are termed sexual misconduct. The University prohibits retaliation for advocating for a right protected under Title IX.
Title IX Coordinator
Dongguk University Los Angeles’ Title IX Coordinator, Student Services Coordinator, is available to all students, faculty, staff, guests and visitors to provide resources and answer questions regarding the process to report a possible violation of the institution’s policy. Any incident involving sexual misconduct, harassment or discrimination may be reported to the Title IX Coordinator. In her role as the Coordinator, Katie Star accepts the responsibility of upholding Dongguk University Los Angeles Title IX policy and is a confidential resource to those who may wish to discuss an incident but may not be ready to file a formal report.
Notice of Non-Discrimination
The University does not discriminate on the basis of race, color, ethnicity, national origin, age, sex, sexual orientation, gender identity or expression, physical or mental disability, religion, or any other protected class.
The University does not discriminate on the basis of sex in its educational, extracurricular, athletic, or other programs or in the context of employment. Sexual misconduct, including sexual harassment as defined in this policy, is a form of sex discrimination that unjustly deprives a person of equal treatment. It is prohibited by Title IX of the Education Amendments of 1972, a federal law that provides that:
No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.
Sexual harassment is also prohibited under Title VII of the Civil Rights Act of 1964.
This policy prohibits sexual misconduct against all Dongguk University Los Angeles community members of any gender or sexual orientation. This policy also prohibits gender-based harassment that does not involve conduct of a sexual nature.
University Statement on Privacy
In any Title IX review of an allegation of sexual misconduct, every effort will be made to protect the privacy and interests of the individuals involved in a manner consistent with the need for a thorough review of the allegation. Such a review is essential to protecting the safety of the Complainant, the Respondent, and the broader campus community and to maintaining an environment free from sexual discrimination.
At all times, the privacy of the parties will be respected and safeguarded. Information related to a report of misconduct will be shared only with those University employees who “need to know” in order to assist in the investigation and/or resolution of the complaint. All University employees who are involved in the Title IX review process, including conduct board hearing members, have received specific training regarding the safeguarding of private information. Students or employees wishing to obtain confidential assistance through on-campus or off-campus resources without making a report to the University may do so by speaking with professionals who are obligated by law to maintain confidentiality.
If a report of misconduct discloses an immediate threat to the University campus community, the University may issue a timely notice of the conduct to the community to protect the health or safety of the broader campus community. This notice will not contain any biographical or other identifying information. Immediately threatening circumstances include, but are not limited to, recently reported incidents of sexual misconduct that include the use of force, a weapon, or other circumstances that represent a serious and ongoing threat to University students, faculty, administrators, staff, or visitors.
All resolution proceedings are conducted in compliance with the requirements of FERPA, the Clery Act, Title IX, and University policy. No information shall be released from such proceedings except as required or permitted by law or University policy.
Prohibited Conduct and Definitions
The University prohibits sexual misconduct. Sexual misconduct is a broad term that includes but is not limited to:
· sexual harassment
· sexual violence
· sexual exploitation
· aiding or facilitating the commission of a violation
Consistent with the values of an educational and employment environment free from harassment based on sex, the University also prohibits gender-based harassment, which may include acts of verbal, nonverbal, or physical aggression, intimidation, or hostility based on sex or sex-stereotyping, even if those acts do not involve conduct of a sexual nature.
Definition of Sexual Harassment
Sexual harassment is any unwelcome sexual advance, request for sexual favors, or other unwelcome verbal or physical conduct of a sexual nature when:
1. Submission to or rejection of such conduct is made, either explicitly or implicitly, a term or condition of an individual’s employment, evaluation of academic work or participation in social or extracurricular activities;
2. Submission to or rejection of such conduct by an individual is used as the basis for decisions affecting the individual; or
3. Such conduct has the purpose or effect of unreasonably interfering with an individual’s work or academic performance by creating an intimidating, hostile, humiliating, demeaning, or sexually offensive working, academic or social environment. The effect will be evaluated based on the perspective of a reasonable person in the position of a complainant.
A single or isolated incident of sexual harassment may create a hostile environment if the incident is sufficiently severe. The more severe the conduct, the less need there is to show a repetitive series of incidents to provide a hostile environment, particularly if the harassment is physical.
Forms of Prohibited Sexual Harassment
Sexual harassment is prohibited. In some cases, sexual harassment is obvious and may involve an overt action, a threat or reprisal. In other instances, sexual harassment is subtle and indirect, with a coercive aspect that is unstated.
Sexual harassment can take many forms:
· It can occur between equals (e.g., student to student, staff to staff, faculty member to faculty member, visitor/contracted employee to staff) or between persons of unequal power status (e.g. supervisor to subordinate, faculty member to student, coach to student-athlete, student leader to first-year student). Although sexual harassment often occurs in the context of an exploitation of power by the individual with the greater power, a person who appears to have less power in a relationship can also commit sexual harassment (e.g., student harassing faculty member).
· It can be committed by an individual or may be a result of the collective actions of an organization or group.
· It can be committed against an individual, an organization or a group.
· It can be committed by an acquaintance, a stranger, or someone with who the Complainant has a personal, intimate or sexual relationship.
· It can occur by or against an individual of any sex, gender identity, gender expression or sexual orientation.
· It does NOT have to include intent to harm, be directed at a specific target, or involve repeated incidents.
Examples of behavior that might be considered misconduct include, but are not limited to:
· Unwanted or inappropriate sexual innuendo, propositions, sexual attention or suggestive comments and gestures; humor and jokes about sex or gender-specific traits; sexual slurs or derogatory language directed at another person’s sexuality or gender; insults and threats based on sex or gender; and other oral, written or electronic communications of a sexual nature that an individual communicates is unwanted and unwelcome;
· Written graffiti or the display or distribution of sexually explicit drawings, pictures, or written materials; sexually charged name-calling; sexual rumors or ratings of sexual activity/performance; the circulation, display, or creation of e-mails or Web sites of a sexual nature.
· Non-academic display or circulation of written materials or pictures degrading to an individual(s) or gender group (It is expected that instructors will offer appropriate warning regarding the introduction of explicit and triggering materials used in the classroom.);
· Inappropriate or unwelcome physical contact or suggestive body language, such as touching, patting, pinching, hugging, kissing, or brushing against an individual’s body;
· Undue and unwanted attention, such as repeated inappropriate flirting, inappropriate or repetitive compliments about clothing or physical attributes, staring, or making sexually oriented gestures;
· Physical coercion or pressure of an individual to engage in sexual activity or punishment for a refusal to respond or comply with sexual advances;
Change of academic or employment responsibilities (increase in difficulty or decrease of responsibility) based on sex, gender identity/expression, or sexual orientation;
· Use of a position of power or authority to: (1) threaten or punish, either directly or by implication, for refusing to tolerate harassment, for refusing to submit to sexual activity, or for reporting harassment; or (2) promise rewards in return for sexual favors;
· Sexual assault;
· Abusive, disruptive or harassing behavior, verbal or physical, which endangers another's mental or physical health, including but not limited to threats, acts of violence, or assault based on gender and/or in the context of intimate partner violence;
· Demeaning verbal or other expressive behavior of a sexual or gendered nature in instructional settings; and
· Acts of verbal, nonverbal, or physical aggression, intimidation, or hostility based on sex or sex-stereotyping. Harassment for exhibiting what is perceived as a stereotypical characteristic for one’s sex, or for failing to conform to stereotypical notions of masculinity and femininity, regardless of actual or perceived sexual orientation or gender identity of the harasser or target.
Forms of Prohibited Sexual Misconduct
The following descriptions represent sexual behaviors that violate Dongguk University Los Angeles’ community standards and a person’s rights, dignity and integrity.
Sexual Violence: Physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent. This includes rape, sexual assault, battery and sexual coercion. Sexual violence may involve individuals who are known to one another or have an intimate and/or sexual relationship, or may involve individuals not known to one another. Examples include, but are not limited to:
· Having or attempting to have sexual intercourse with another individual without consent. Sexual intercourse includes vaginal or anal penetration, however slight, with a body part or object, or oral copulation by mouth-to-genital contact.
· Having or attempting to have sexual contact with another individual without consent. Sexual contact includes kissing, touching the intimate parts of another, causing the other to touch one's intimate parts, or disrobing of another without permission. Intimate parts may include the breasts, genitals, buttocks, mouth or any other part of the body that is touched in a sexual manner.
Sexual Exploitation: An act or acts committed through non-consensual abuse or exploitation of another person's sexuality for the purpose of sexual gratification, financial gain, personal benefit or advantage or any other non-legitimate purpose. The act or acts of sexual exploitation are prohibited even though the behavior does not constitute one of the other sexual misconduct offenses. Sexual exploitation may involve individuals who are known to one another, have an intimate or sexual relationship, and/or may involve individuals not known to one another. Examples include, but are not limited to:
· Observing another individual's nudity or sexual activity or allowing another to observe consensual sexual activity without the knowledge and consent of all parties involved;
· Non-consensual streaming of images, photography, video or audio recording of sexual activity or nudity, or distribution of such without the knowledge and consent of all parties involved;
· Prostituting another individual;
· Knowingly exposing another individual to a sexually transmitted disease or virus without his or her knowledge; and
· Inducing incapacitation for the purpose of making another person vulnerable to non-consensual sexual activity.
Stalking: A course of conduct involving more than one instance of unwanted attention, harassment, physical or verbal contact, or any other course of conduct directed at an individual that could be reasonably regarded as likely to alarm or place that individual in fear of harm or injury, including physical, emotional, or psychological harm. This includes cyber-stalking, a particular form of stalking in which electronic media such as the internet, social networks, blogs, cell phones, texts or other similar devices or forms of contact are used to pursue, harass or make unwelcome contact with another person. Stalking and cyber-stalking may involve individuals who are known to one another or have an intimate or sexual relationship, or may involve individuals not known to one another.
Bullying and Cyber Bullying: use of superior strength, knowledge, or influence to intimidate or force an individual against their will. This includes cyber-bullying, a particular form of bullying in which electronic media such as the internet, social networks, blogs, cell phones, texts or other similar devices or forms of contact are used.
Aiding or Facilitating: Aids, facilitates, promotes or encourages the commission of a violation under this policy. Aiding or facilitating may also include failing to take action to prevent an imminent act when it is reasonably prudent and safe to do so. Taking action may include direct intervention, calling local law enforcement, or seeking assistance from a person in authority.
Retaliation: Acts or attempts to retaliate or seek retribution against the Complainant, Respondent, or any individual or group of individuals involved in the investigation and/or resolution of an allegation of sexual misconduct. Retaliation can be committed by any individual or group of individuals, not just a Respondent or Complainant. Retaliation may include continued abuse or violence, other forms of harassment, and slander and libel.
Statement of Consent, Coercion, Incapacitation & Alcohol
Consent to engage in sexual activity must be knowing and voluntary. Consent to engage in sexual activity must exist from the beginning to end of each instance of sexual activity, and for each form of sexual contact. Consent to one form of sexual contact does not constitute consent to all forms of sexual contact. For example, an individual may agree to kiss but choose not to engage in touching of the intimate parts or sexual intercourse. An individual should obtain consent before moving from one act to another.
Consent consists of an outward demonstration indicating that an individual has freely chosen to engage in sexual activity. Consent is demonstrated through mutually understandable words and/or actions that clearly indicate a willingness to engage freely in sexual activity. Relying on non-verbal communication can lead to misunderstandings. Consent may not be inferred from silence, passivity, lack of resistance or lack of active response alone. A person who does not physically resist or verbally refuse sexual activity is not necessarily giving consent. In the absence of an outward demonstration, consent does not exist. If at any time it is reasonably apparent that either party is hesitant, confused or uncertain, both parties should stop and obtain mutual verbal consent before continuing sexual activity.
A current or previous dating or sexual relationship, by itself, is not sufficient to constitute consent. Even in the context of a relationship, there must be mutually understandable communication that clearly indicates willingness to engage in sexual activity each time such activity occurs.
Consent may be withdrawn by either party at any time. Withdrawal of consent must also be outwardly demonstrated by words or actions that clearly indicate a desire to end sexual activity. Once withdrawal of consent has been expressed, sexual activity must cease.
In the state of California, consent can never be given by minors under the age of 18.
Consent is not effective if it results from the use or threat of physical force, intimidation, or coercion, or any other factor that would eliminate an individual’s ability to exercise his or her own free will to choose whether or not to have sexual contact. Coercion includes the use of pressure and/or oppressive behavior, including express or implied threats of harm, severe and/or pervasive emotional intimidation, which places an individual in fear of immediate or future harm or physical injury or causes a person to engage in unwelcome sexual activity. A person’s words or conduct amount to coercion if they wrongfully impair the other’s freedom of will and ability to choose whether or not to engage in sexual activity.
An individual who is incapacitated is not able to make rational, reasonable judgments and therefore is incapable of giving consent. Incapacitation is the inability, temporarily or permanently, to give consent, because the individual is mentally and/or physically helpless due to drug or alcohol consumption, either voluntarily or involuntarily, or the individual is unconscious, asleep or otherwise unaware that the sexual activity is occurring. In addition, an individual is incapacitated if he/she/they demonstrate that they are unaware of where they are, how they got there, or why or how they became engaged in a sexual interaction. Where alcohol is involved, incapacitation is a state beyond drunkenness or intoxication. Some indicators of incapacitation may include, but are not limited to, lack of control over physical movements, lack of awareness of circumstances or surroundings, or the inability to communicate for any reason. An individual may experience a blackout state in which he/she/they appear to be giving consent, but do not actually have conscious awareness or the ability to consent. It is especially important, therefore, that anyone engaging in sexual activity be aware of the other person’s level of intoxication. The relevant standard that will be applied is whether the Respondent knew, or a sober reasonable person in the same position should have known, that the other party was incapacitated and therefore could not consent to the sexual activity.
The University considers sexual contact while under the influence of alcohol to be risky behavior. Alcohol impairs a person’s decision-making capacity, awareness of the consequences, and ability to make informed judgments. Being intoxicated or impaired by drugs or alcohol is never an excuse for sexual misconduct and does not excuse one from the responsibility to obtain consent.
Who Can Help?
If you have been affected by sexual misconduct and would like to speak with an individual on campus, there are numerous people ready to help. You may meet with the Title IX Coordinator confidentially, with no obligation to file a formal report. All Dongguk University Los Angeles employees, including student workers, have a duty to report incidents the Title IX Coordinator. Additionally, off-campus resources are also available to you. A full list of resources available is below:
· Title IX Coordinator
Student Services Coordinator
440 Shatt Place, 2nd Floor, Los Angeles, CA 90020 (Telp.: 213-487-0110 Ext.406 or email: [email protected])
· LAPD Olympic Division
· St. Vincent Medical Center
2131 W. 3rd St., Los Angeles, CA 90057
Open 24 hours
Individuals who wish to report an incident of sexual misconduct may do so in a variety of ways. The decision to file a formal report is not easily reached, and can be an overwhelming prospect for those affected by sexual misconduct.
Who to Report To:
There are many resources available on campus that students and employees regarding sexual misconduct. Individuals may file a formal report documenting an incident with:
· The Title IX Coordinator
· Los Angeles Police Department
The University is committed to responding to all reports of sexual misconduct in a timely and effective manner. The timeframe of when an individual should file a report of sexual misconduct is not limited in any way; however it is important to note that as time passes, it becomes more difficult to find crucial evidence. In light of this, all investigations of sexual misconduct are to be thorough yet efficient, with a resolution that is reasonable given the situation.
I Made a Report - Now What?
Filing a report is an important first step towards addressing an incident of sexual misconduct. The University acknowledges that it may be difficult to come forward; but, there are resources to assist in the process, beginning with the Title IX Coordinator. The University completes most investigations within 60 days.
Interim Measures/Remedial Action
Upon receipt of a report, the University may implement initial responsive or protective actions while an inquiry or investigation are underway. Interim measures/Remedial actions may include no contact orders, providing a campus escort, academic or work schedule adjustments, referral to counseling or medical services, and safety planning. The University will maintain as confidential any accommodations or protective measures, provided confidentiality does not impair the University’s ability to provide the accommodations or protective measures.
Inquiry, Investigation, Resolution
The University will address all reports of possible violations of the Sexual Misconduct and Civil Rights Policy. Upon receipt of a formal complaint, the Title IX Coordinator will conduct an initial inquiry to determine any risk of harm to individuals or to the campus community. Steps will be taken to address those risks via interim measures or remedial action.
If the inquiry proceeds to an investigation because of the Reporting Party’s desire or the University deems it necessary to protect the safety of the campus, the Title IX Coordinator will contact Los Angeles Police Department.
A range of sanctions are available if the Responding Party is found responsible for violating the University’s Policy on Sexual Misconduct and Civil Rights. The sanctions are determined based on the nature, severity of, and circumstances surrounding the violation, an individual’s disciplinary history previous allegations or allegations involving similar conduct, and the need for sanctions/responsive actions to bring an end to and to prevent future discrimination, harassment and/or retaliation.
The University is required to document all reports of sexual misconduct and to report statistics of crime on campus consistent with the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act. No personally identifiable information will be shared for the purpose of maintaining these statistics. Identities and specific fact patterns will remain anonymous.
If a report of sexual misconduct represents an immediate threat to the University community, timely notice must be given to protect the health or safety of the community. In such cases, the same level of confidentiality may not be possible. Immediately threatening circumstances include, but are not limited to, reported incidents of sexual misconduct that include the use of force or a weapon, or other circumstances that represent a serious and ongoing threat to students, faculty, staff, or visitors.
Title IX Training
The Title IX Coordinator is required to devise effective methods to inform staff, faculty and student, and to conduct training sessions with up-to-date material. The Title IX Coordinator must develop informative brochure on sexual harassment to be disseminated to staff, faculty and student population and to be displayed on many of the campus bulletin boards and on-line.
At the time of the hire for staff & faculty members, the Title IX Coordinator must hold a training session. The annual training must be conducted to the staff and faculty members on a designated date.
For all new entering DULA students, The Title IX Coordinator must provide a training session in the new student orientation, and deliver brochure to both DAOM and MSOM students. The annual web-based training for all student of DULA must be conducted on a designated date.