Policies

Purpose
The purpose of this policy is to set forth expectations regarding the recording of classes, meetings or other conversations at Whitworth University, offsite at university-organized events, and over the phone between members of our community. The intent of this policy is to strike a balance between the legitimate uses of audio and visual recordings and concerns including compliance with the law, academic freedom, privacy and protection of intellectual property. In an effort to comply with Washington state law (see RCW 9.73.030), promote the freedom to share ideas, and to respect the privacy of community members, the secret recording or livestreaming of meetings or other conversations is prohibited. Secret recording is a violation of trust and community that is incompatible with the respect for others expected of all members of the Whitworth community. Classes may be audio-recorded by the instructor or by a student in the class with the prior consent of only the instructor or as an official authorized academic accommodation.

Policy
It is expected that faculty, students and staff will respect the privacy of other individuals in the workplace and educational setting. Consequently, the secret recording or livestreaming (audio or video) of classes, meetings or other conversations, including telephone calls, is prohibited, as not compatible with the law and/or the promotion of an open exchange of ideas. Recordings may serve many legitimate academic and workplace purposes. However, the university does not condone recording or livestreaming of any university activities when participants are unaware that such recordings are being made. In order to promote an environment of trust and collegiality, recordings may be made only with the prior consent of the parties involved. Covert/secret recording or livestreaming of any in-person or telephone conversation or meeting occurring at the workplace, including any classroom or other educational setting, or conversations or meetings offsite that deal with workplace or educational matters is prohibited. Employees are also prohibited from arranging for others to record conversations, telephone calls or other work or educational activities, unless specifically permitted by the participants. It is also a violation of this policy to download recorded conversations to a computer, upload them to the internet, or otherwise share, transmit or publish such recordings without the prior written consent of all participants (unless the instructor has agreed in writing to such action, participants are aware of being recorded, and the recording is a recording of the instructor's class).

Classes may be audio-recorded by the instructor for instructional purposes or by a student in the class for personal use with the prior consent of only the instructor. Class participants should be informed when a class may be recorded. However, instructors should not disclose the identity of students recording classes under an accommodation. Class recordings by students may not be downloaded to any computer, uploaded to the internet, or otherwise shared, transmitted or published without the prior written consent of the instructor. Class recordings by instructors may be downloaded to computers, uploaded to the internet, or otherwise shared, transmitted or published only for legitimate instructional purposes.

The university prohibits the transmission of classroom lectures and discussions by students unless written permission from the instructor has been obtained and guest speakers have been informed that audio/video recording or livestreaming may occur.

Video recordings present additional privacy concerns and potential concerns with copyright and intellectual property issues. Therefore, video recordings should only be allowed under conditions completely understood and approved in advance, in writing, by the instructor. All students and other participants in a class or educational activity which will be video-recorded must be informed of the recording. Video recordings shall not be publicly shared, such as on the internet or in public viewings, except by the instructor or with the prior written consent of the instructor.

Surveillance cameras/equipment and software may be placed on campus by authorized campus personnel to prevent or deter crimes and protect public safety and to facilitate official university investigations into criminal activities or violations of campus policy. The university reserves the right to use or disclose recordings in the course of investigations or lawsuits or in response to a subpoena or request by law enforcement.

Recording of lectures or class presentations is solely authorized for the purposes of individual or group study with other students enrolled in the same class. Permission to allow the recording is not a transfer of any copyrights in the recording. The recording may not be reproduced or uploaded to publicly accessible web environments without the written permission of the instructor or appropriate Whitworth University administrator.

Recordings, course materials and lecture notes may not be exchanged or distributed for commercial purposes, for compensation or for any other purpose other than study by students enrolled in the class. Public distribution of such materials by students may constitute copyright infringement in violation of federal or state law or university policy.

Within Whitworth University, violation of this policy by a student may lead to disciplinary action, either under policies related to academic integrity or the student code of conduct, depending on the circumstances of the violation. Violation of the policy by an employee may lead to disciplinary action up to possible termination.

Violation of Washington state law may lead to criminal sanctions and/or exposure to civil liability. Alleged violations of the policy by students should be reported either to the dean of students or academic affairs offices. Alleged violations by university employees should be reported to the human resources office. Those reporting alleged violations are afforded protections under Whitworth's Policy Prohibiting Discrimination, Harassment & Retaliation.

Exceptions
It is not a violation of this policy for a student given official permission by Whitworth Educational Support Services to record class sessions as an academic accommodation to do so. Students are entitled to educational accommodations, to exercise any rights protected under Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990, including needed recording or adaptations of classroom lectures or materials for personal research and study. The restrictions on third-party web and commercial distribution apply in such cases.

Third Party Permissions
Guests, including press and media, may seek prior permission to record, livestream and disseminate recordings on university property and at university events by contacting the office of university marketing & communications.

Destruction of Approved Recordings
Students must destroy recordings at the end of the semester in which they are enrolled in the class unless they receive the instructor's written permission to retain them or are entitled to retain them as an accommodation authorized by educational support services.

Because we recognize the hazards caused by exposure to environmental tobacco smoke as mentioned in the 2010 and 2014 U.S. Surgeon General's Reports, as well as the life-threatening diseases linked to the use of all forms of tobacco and secondhand smoke, it shall be the policy of Whitworth University, effective Jan. 1, 2019, to provide a smoke and tobacco-free environment for all students, employees and visitors. This policy covers the smoking of any tobacco product and the use of oral tobacco products. The Whitworth University Student Health Center and the Health Education Action Team (HEAT), in collaboration with other university officials, will develop and maintain a plan for communicating the policy to their constituents including, but not limited to, the following:

• Students
• Employees
• Guests
• Contractors
• Vendors
• Trustees

Whitworth University is committed to providing its students, staff and faculty a safe and healthy working and learning environment. Therefore, as of Jan. 1, 2019, Whitworth University has implemented the following policy:

1. Smoking and use of other tobacco products is prohibited on university premises. This applies to students, staff, faculty and visitors.

2. Definitions – For the purposes of this policy, these terms are defined as but not limited to:

a. Tobacco product: any type of product containing, made or derived from tobacco that is intended for human consumption.

i. Includes cigarettes, cigars, pipes, hookah, vaporizers, all forms of smokeless tobacco, electronic cigarettes, clove cigarettes and other alternative products.
ii. Does not include nicotine-replacement products designed to aid in smoking cessation and used for that purpose.

b. Tobacco use: all forms of consumption, whether chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed or ingested by any other means.

3. Premises – The policy will be enforced:

a. In all campus buildings, facilities or property owned, leased or operated by Whitworth University.
b. This includes outside areas on campus grounds and facilities or vehicles that are the property of the university.

i. Occupants of personal vehicles on property owned, leased or operated by Whitworth University are also subject to this policy.
ii. Athletic facilities owned or used by Whitworth University are included, as this policy will be enforced at all athletic events.
iii. This policy will be enforced at all lectures, conferences, meetings and social/cultural events held on university property or campus grounds.

c. Designated smoking areas will not be provided.

i. Smoking waste management products such as ashtrays and outdoor smoking receptacles shall be removed.

4. Compliance

a. For Students:

i. Consequences for students engaging in prohibited behavior will be in accordance with the institution's student conduct policies. Students who violate the tobacco-use policy will be
processed through established disciplinary protocol. If students have acquired an addiction to tobacco/nicotine, they may contact the student health center for smoking cessation resources.

b. For Faculty/Staff and Visitors:

i. Consequences for employees who violate the tobacco-use policy will be in accordance with personnel policies of Whitworth University. If employees have acquired an addiction to tobacco/nicotine, they may contact human resources for smoking cessation resources.
ii. Visitors using tobacco products will be asked to refrain while on Whitworth University's property or leave the premises. University security officers may be contacted to escort the person off the premises.

5. Cessation resources and support are available as follows for those who would like to quit:
Faculty and staff can contact human resources at 509.777.4872 to make an appointment with a staff member.

a. Nicotine replacement therapy (up to eight weeks of patch or up to 12 weeks of gum or lozenges) if no contraindications identified, no cost to employee.
b. On-campus cessation classes (dates will be announced), no cost to employee.
c. Private health insurance cessation benefits, as applicable; cost varies.
d. Community and national quit resources, cost varies.

The Consensual Relationship Policy is designed to provide clear guidelines and expectations regarding romantic or sexual relationships between individuals within the university community to ensure a healthy and respectful learning and working environment for everyone involved.

This policy applies to all employees regardless of their position or status within the institution. It includes relationships between individuals of different academic levels, such as faculty-student, staff-student, staff-faculty or student-student relationships.

For the purpose of this policy, a consensual relationship is a romantic, sexual or dating relationship where both parties involved willingly and freely enter into the relationship with mutual consent. Consent is informed, voluntary and ongoing and it can be withdrawn at any time.

The following relationships are strictly prohibited and will not be tolerated within the university community:

• Faculty-student relationships
• Staff-student relationships
• Staff-faculty relationships where the staff member has a direct reporting relationship to the faculty member or can influence their professional advancement or vice versa
• Supervisor-subordinate relationships, as they can create potential conflicts of interest or abuse of power

Individuals involved in a consensual relationship or those who become aware of such a relationship are encouraged to disclose it promptly to the university administration to address any potential conflicts of interest or concerns about the consensual nature of the relationship. The university will handle such disclosures with discretion and sensitivity, focusing on the well-being and rights of all involved parties.

When a consensual relationship that falls under the prohibited categories mentioned in section four is disclosed, the university may take appropriate measures to address the potential conflict of interest. These measures may include, but are not limited to:

• Reassigning a faculty or staff member to avoid a direct supervisory role over the involved student or subordinate
• Providing support and/or resources to individuals involved to ensure their emotional well-being and understanding of their rights and responsibilities
• Conducting a review to assess whether a violation of this policy has occurred and implementing appropriate corrective actions if necessary
• Violations of this policy will be treated seriously and may result in disciplinary action, up to and including termination of employment or expulsion from the university, depending on the severity and circumstances of the violation.

The Alcohol & Drug Policy is designed to provide clear guidelines and expectations regarding the use, possession and/or distribution of alcohol and/or controlled substances on Whitworth's campus. This policy applies to all members of the university community, including faculty, full- and part-time staff, temporary employees, volunteers, visitors and contractors.   

1. Illegal Drugs

a. Whitworth University takes its commitment to provide a drug-free working environment seriously. All employees who suspect that they may have a drug (or substance) abuse problem are encouraged to seek assistance through their own efforts before the problem affects their employment status. To comply with the Federal Drug-Free Workplace Act of 1988, human resource services and the health & counseling center maintain a list of agencies that provide rehabilitative and counseling services, etc. Any contact will be held in strictest confidence.

b. Faculty, full- and part-time staff, temporary employees, volunteers, visitors and contractors are prohibited from being under the influence of any drugs (including prescription drugs) that cause impairment and impact the ability of the employees to perform their jobs. 

c. The manufacture, sale, possession or use by any employee in the workplace of a controlled substance or drug not medically authorized is strictly prohibited.

i. Although Washington has legalized the use of various forms of marijuana, federal law continues to prohibit the manufacture, possession, distribution, sale or use of marijuana. As such, in accordance with U.S. federal law, all forms of marijuana, including prescription medical marijuana, are prohibited on all university property (whether owned or leased) and in connection with all university programs.

d. The use by an employee of a controlled substance or drug not medically authorized, which affects job performance or poses a hazard to the safety and welfare of the employee or other employees is strictly prohibited.

e. An employee is required to report any criminal drug statute conviction for a violation to their immediate supervisor within five (5) days after such conviction. The supervisor must immediately notify the associate vice president for human resource services.

2. Alcohol

a. There is to be no possession, distribution or consumption of alcohol on campus.

b. Faculty, staff, temporary employees, student workers, volunteers, visitors and contractors are prohibited from working while intoxicated or impaired.

c. Faculty, staff, temporary employees, student workers, volunteers, visitors and contractors are prohibited from consuming alcohol in a manner that in any way impairs the performance of job duties, endangers the physical well-being of oneself or others, or could result in the damage of property (in general, employees are to refrain from consuming alcohol when performing their normal academic, administrative, technical or professional duties).

d. All university employees are expected to observe the highest standards of ethical and professional conduct. All employees who are of legal drinking age who choose to engage in the consumption of alcohol are expected to do so responsibly.

3. Available Counseling and Treatment Programs

a. In those cases where chemical dependency is suspected, employees may be referred to the university's EAP program and/or to one of many of the Spokane area's treatment programs; students may be referred to Whitworth's counseling center for assessment. Employees and students who believe that they may be chemically dependent are encouraged to consult with Whitworth's counseling center or office of human resource services. In-patient and out-patient treatment may be covered under Whitworth's medical insurance program for employees, and a medical leave of absence may be available for an employee to seek treatment.

4. Legal and Disciplinary Sanctions

a. Legal Sanctions

i. There are numerous sanctions for violation of state and federal alcohol and drug laws. All Washington state drug-related offenses are found within RCW 69.50. Subject to annual revision, drugs are classified in schedules, which vary depending upon the potential for abuse, medical use, and the likelihood of physical or psychological dependence upon the drug. Sanctions including both fines (ranging from $250 to as high as $5,000) and imprisonment (ranging from 90 days to 20 years) are detailed in these sections. Federal drug-related offenses are defined in 21 USC 841, 844, 845, 846, 848 and 924. All sections deal with the manufacture, distribution, dispensing, or possession with intent to manufacture, distribute or dispense controlled substances. Sanctions include both fines (ranging from $1,000 to as high as $8 million) and imprisonment (ranging from 90 days to 30 years). Simple possession on a first-time offense can carry penalties of $1,000 or more and/or one year of supervised release up to a one-year prison sentence.

b. Whitworth Disciplinary Sanctions

i. Any employee violating the Alcohol & Drug Policy will be subject to disciplinary procedures up to and including termination of employment. Referrals may be made to local, state or federal authorities depending on the violation.

• Code of Ethics & Policy on Employee Disclosure of Code Violations or Misconduct
  (Whistleblower & Document Integrity Policy)

I. Policy Statement 
Whitworth University has an affirmative duty to maintain a work and study environment free from discrimination, harassment and retaliation of any kind. Whitworth University will not tolerate discrimination, harassment or retaliation since these behaviors would be in violation of the standards of the Whitworth community. The University will take positive action where necessary to eliminate such practices or remedy their effects. Discrimination or harassment on any of the bases covered by state or federal anti-discrimination statutes, including race, color, religion, sex, national origin, disability, age or any other applicable statutorily protected status are unlawful and a violation of Whitworth University policy; as a religious educational institution affiliated with the Presbyterian church, Whitworth University reserves the right to hire employees who share a commitment to the Christian faith. The essential importance of academic freedom is recognized and a standard of reasonableness will guide the university. Only when academic freedom is used to disguise or is a vehicle for prohibited conduct, will it be questioned. Whitworth University believes that ideas, creativity and free expression thrive and, indeed, can only exist for the entire community in an atmosphere free of discrimination, harassment and retaliation.

For the purposes of applying this policy, discrimination, harassment and retaliation are defined below:

A. Discrimination is defined as unequal, adverse treatment of an individual because of their protected legal status, such as race, age, or gender. For instance, different treatment of two similar individuals with respect to pay, opportunity for advancement, or educational opportunity constitutes discrimination if the reason for the different treatment is the protected status of one of the individuals.

B. Harassment is defined as unwelcome, hostile, or inappropriate conduct directed toward an individual because of their protected status (for instance, persistent comments or jokes about an individual's religion, race, age, or gender). Such conduct violates University policy if it has the purpose or effect of creating an intimidating, hostile, or offensive work environment, living environment, or studying environment for the minority individual or substantially interferes with that individual's employment, living or educational environment.

C. Sexual harassment is one type of harassment. It includes any unwelcome sexual advance, request for sexual favor, or conduct of a sexual nature when (1) submission to such conduct is made either explicitly or implicitly a term or condition of employment or obtaining an education; or (2) submission to or rejection of such conduct by an individual is used as a factor in affecting that individual’s employment or education; or (3) such conduct has the purpose or effect of substantially interfering with an individual’s employment or education, or of creating an intimidating, demoralizing, threatening or hostile employment, living, or educational environment.

Sexual harassment, as used in this policy, includes sexual assault and sexual violence, both of which are prohibited forms of sex discrimination.

1. Sexual assault is frequently misunderstood across campuses nationally. Sexual assault occurs when a sexual act is intentional and (a) is committed by physical force, threat or intimidation; (b) ignores the objections of another person; (c) causes another’s intoxication or impairment through the use of drugs or alcohol; or (d) takes advantage of another person’s incapacitation, state of intimidation, helplessness, or other inability to consent.

2. Sexual violence (a sub-category of sexual harassment) includes “physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent.”

D. Retaliation is defined as adverse or negative action against an individual who has (1) complained about alleged discrimination, harassment or retaliation, (2) participated as a party or witness in an investigation relating to such allegations, or (3) participated as a party or witness in a court proceeding or administrative investigation relating to such allegations.

II. Reprisal, Retaliation or False Accusations 
Reprisal, retaliation or false accusations against anyone reporting or participating or thought to have reported or participated in discrimination or harassment allegation(s) or investigation(s) is prohibited and will be treated as violation of policy, regardless of whether any discrimination or harassment is substantiated. False accusations are prohibited and will be treated as violations of this policy. Submission of a good faith complaint or report of harassment will not affect the complainant’s or reporter’s future employment, grades, educational, living or working environment.

III. Information and Education 
Information and education are important in preventing discrimination, harassment and retaliation. A copy of this policy will be made available to all employees and students. Faculty, staff and students should be regularly encouraged to participate in educational programs concerning prevention and reporting of discrimination, harassment and retaliation. Specific training will be provided to employees in supervisory or otherwise responsible positions.

IV. Complaint Resolution Procedures 
Whitworth University administration will develop and implement complaint resolution procedures dealing with instances of alleged discrimination, harassment and retaliation. Specific procedures consistent with requirements of the federal Title IX of the Education Amendments of 1972 governing gender discrimination will be addressed. 

I. Reporting Requirement
Whitworth University is committed to building a healthy and safe campus environment; thus, members of the campus community may bring complaints or concerns about discriminatory, harassing or retaliatory behavior to the attention of faculty, supervisors, department heads, deans, vice presidents, student life staff, or the office of human resource services. Any of the above to whom a complaint or concern has been reported must promptly notify the associate vice president of human resource services or the appropriate area vice president/designee, whether or not a formal complaint is anticipated.

Exceptions to this reporting requirement are clergy and employees of the Student Health and Counseling Center who are considered confidential advisors. Discrimination, harassment and retaliation may be reported even if the complaining employee or student is not a specifically intended target of the conduct.

All Whitworth employees, except those identified as confidential employees are mandatory reporters for potential Title IX violations, including sexual harassment, sexual assault, sexual violence, domestic violence, dating violence, bullying or stalking, and must report promptly to Whitworth’s Title IX Coordinator Rhosetta Rhodes at titleixcoordinator@whitworth.edu or 509.777.4536.

Failure to promptly report as noted in this procedure could be interpreted as condoning the prohibited behavior which is in violation of the university’s Policy Prohibiting Discrimination, Harassment and Retaliation.

II. Confidentiality
Complaints will be treated privately to the extent permitted by this procedure’s reporting requirements and the university’s need to thoroughly and fairly investigate and resolve a reported problem. Confidentiality may not be possible, depending upon the nature of the complaint. The investigative process will protect, to the extent possible, the identity of the complainant in accordance with the complainant’s request, with the understanding that the university may need to take certain steps even if a complainant requests that their identity be protected. Anonymous reports may be made but will also limit the ability of the university to investigate and respond. All anonymous reports will be tracked and investigated to the extent possible based on the information provided.

The university will act, to the extent possible, to protect the complainant once a complaint has been filed. The university may need to initiate an investigation and disciplinary action even if the complainant does not request it because the university has a legal obligation to resolve any reported discrimination, harassment or retaliation.

III. Federal Timely Warning Reporting Obligations
Those who report incidents of misconduct should be aware that university administrators must issue immediate, timely warnings for reported incidents that are confirmed to pose a substantial threat of bodily harm or danger to members of the campus community. The university will make every effort to ensure that identifying information, including the reporter’s name, is not disclosed. Whitworth will, however, provide enough information for community members to make safety decisions in light of the potential danger.

IV. Investigation of Title IX Allegations
The university’s chief commitments are to take reasonable steps to (1) End the violence or other prohibited sexual conduct (2) Prevent its recurrence (3) Remedy its effects on the complainant and the university community

A. Use of Advisors
The complainant and respondent of such complaint may each select an advisor of their choosing to accompany and assist throughout the university’s process. An outside advisor may be selected but will not be trained in university procedures. The advisor may be a friend, parent, faculty mentor, coworker, attorney or any other person. The advisor will not be permitted to advocate for the complainant or respondent in the process or to have any role in the process other than to advise and assist.

B. Documented Complaint
A written complaint is normally expected in a Title IX complaint process; however, if the complainant is not comfortable completing a written statement, they may meet with the Title IX coordinator or designee who will interview the complainant and make a written summary of the interview, including the specific nature and effects of the conduct in question, the time and circumstances in which it occurred, and the names of other persons who may have relevant information. The complainant will have an opportunity to review, amend and sign the statement.

C. Investigation Team/Investigators
Investigator(s) will be trained in Title IX requirements. Investigations should be impartial, thorough and reliable. D. Timeline The university will complete its investigation as soon as is reasonably possible under the circumstances, typically within no more than 60 days.

E. Investigation Guidelines
Although these steps may be combined or eliminated depending on the specifics of the situation, guidelines investigators are likely to take include:

• • Conducting a preliminary investigation to determine whether there is reasonable information to charge the accused individual and determining which policy violations should be alleged as part of the complaint.
  • If there is insufficient information to support a policy violation, closing the preliminary investigation with no further action.
  • Informing the respondent (accused individual) of the investigation and providing a notice of charges, if appropriate, on the basis of the initial investigation.
  • Commencing a thorough, reliable and impartial investigation.

F. Findings
Using a preponderance of the evidence standard, the investigator(s) shall determine the extent to which there has or has not been a Title IX violation and shall present these findings to the Title IX coordinator/designee in writing, if deemed appropriate. Preponderance of the evidence is defined as whether a policy violation is more likely than not to have taken place. The investigator(s) shall provide written notification to the complainant and respondent of the results of the investigation.

G. Disciplinary Action
The Title IX deputy coordinator/designee, in consultation with the area vice president/designee, will decide and take final action on any disciplinary action recommended by the investigation team and upheld in the appeal process, if appropriate.

H. Appeal
If a finding of sexual misconduct is made by the investigator(s), the respondent may make a written appeal to the Title IX coordinator/designee within five working days after being notified of the investigation team’s conclusions. If no finding of misconduct is found by the investigator(s), the complainant may make a written appeal to the Title IX coordinator/designee within five working days of being notified of the investigator’s conclusions. The Title IX coordinator/designee will meet with the person making the appeal before determining to accept or reject the findings of the investigator(s). Decisions of the Title IX coordinator/designee are final and are not subject to further appeal except as provided in the Whitworth University Faculty Handbook.

I. Records Retention and Access
Records of all Title IX complaints filed under this policy, findings and recommendations of investigators, and disciplinary actions will be maintained in a confidential file in the office of the Title IX coordinator. If there is a finding of discrimination, harassment or retaliation against an employee and disciplinary action is taken, the letter to the employee will be made part of that person’s permanent personnel file in the office of human resource services and as appropriate, the office of the vice president for academic affairs.

V. Complaint Resolution for Other Than Title IX Allegations
The university is committed to prompt and fair resolution of discrimination, harassment, and retaliation complaints. The following informal and formal procedures are designed to help stop misconduct once it is reported. Selection of an informal vs. formal process resides largely with the person bringing the complaint, however the university may need to investigate regardless of the wishes of the complainant, depending upon the severity of the alleged conduct. The person coming forward with a complaint may end the informal process and proceed with a formal process at any time. Note: If a complaint of discrimination, harassment or retaliation is filed by a student against a student, the Whitworth University Student Handbook outlines the applicable procedures. (Copies are available from the offices of the vice president for student life, the associate dean of students and all resident directors.)

A. Informal Complaint Process

1. Use of Informal Resolution
An informal complaint is a voluntary method for trying to get the alleged misconduct to stop. A formal complaint may be filed at any time before, during, or after any informal process is used. Title IX sexual harassment/assault complaints may be resolved using informal processes, such as mediation, if agreed to by both parties and with the agreement of the Title IX coordinator.

2. Resources for Informal Resolution
Informal ways of resolving a complaint other than Title IX complaints are intended to stop the alleged misconduct. Options for such informal resolution may vary, depending upon the circumstances and on the wants and desires of the complainant; the informal complaint process therefore does not have rigid steps. The university encourages the use of the associate vice president of human resource services, the executive vice president of academic affairs, and/or the vice president/designee for student life as resources on how to informally resolve complaints.

3. Examples of Informal Procedures
Informal methods might include the following: (a) talking directly with the person engaging in the alleged misconduct to say that the behavior is unwelcome; (b) using a neutral third party, such as the associate vice president of human resource services, or an area vice president/designee to talk with the person engaging in the alleged misconduct; (c) writing a letter to that person, identifying what happened and how it made the complainant feel; (d) putting a copy of the university’s policy prohibiting discrimination, harassment and retaliation into that person's mailbox; (e) using a mediator to meet with the person engaged in the alleged misconduct. Any neutral third party or mediator involved in the informal complaint resolution process should contact the associate vice president of human resource services/designee as a resource during the informal process.

B. Formal Complaint Process

1. Use of Formal Complaint Process
A formal complaint may be filed at any time before, during, or after any informal process is used. The Title IX complaint resolution process is addressed in Section IV of this document.

2. Use of Advisors in the Process
The complainant and respondent of such complaint may each select a member of the campus community to serve as an advisor during the process of complaint handling. The advisor, on the request of the complainant or respondent, may accompany the complainant or respondent in all meetings as an observer or to provide support and assistance during the process.

3. Documented Complaint
A written complaint is normally expected in the formal complaint process, however, if the complainant is not comfortable completing a written statement, they may meet with the associate vice president of human resource services, or the appropriate area vice president/designee who will interview the complainant and make a written summary of the interview, including the specific nature and effects of the conduct in question, the time and circumstances in which it occurred, and the names of other persons who may have relevant information. The complainant will have an opportunity to review, amend and sign the statement.

Presenting the complaint as promptly as possible after the alleged discriminatory, harassing, or retaliatory behavior occurs is encouraged. Documentation must be specific enough to identify and permit communication with the party submitting it, should detail the facts upon which the complaint is based (including time, date, location and witnesses), and should identify the person whose actions form the basis of the complaint.

The university will act, to the extent possible to protect the complainant from adverse action once a complaint has been filed.

4. Investigation Team
The university president has delegated responsibility for any formal investigation of discrimination, harassment or retaliation to the associate vice president of human resource services and the appropriate area vice presidents of the university. Once a formal complaint has been received, an investigation team shall be formed, chaired by the associate vice president of human resource services or an alternate administrator if appointed by the president, and including the appropriate area vice president/designee if appropriate, along with a university faculty or staff Equal Employment Opportunity (EEO) representative. The role of the complainant and respondent will determine which vice president and which EEO representative shall serve on the team. Individuals/designees charged with conducting investigations will receive appropriate training to perform their duties.

5. Fair investigation
The investigation team shall conduct a fair and thorough investigation. In addition to meeting with the respondent, the team may also meet with any other individual(s) of their choosing who may have witnessed the alleged misconduct or who could substantiate, refute, or otherwise provide information regarding the complaint. The investigation shall be conducted in a professional and timely manner. Conduct procedures will not require that the complainant be present for hearings.

6. Investigation Findings
The investigation team shall determine the extent to which there has or has not been discrimination, harassment, or retaliation and shall present these findings to the university president/designee in writing, along with any recommended disciplinary action, if deemed appropriate. The investigation team shall provide written notification to the complainant and respondent of the results of the investigation.

7. Disciplinary Action
The area vice president/designee, in consultation with the associate vice president for human resource services/designee, will take final action on any disciplinary action recommended by the investigation team and upheld in the appeal process, if appropriate.

8. Appeal Process
If a finding of discrimination, harassment, or retaliation is made by the investigation team, the respondent may make a written appeal to the president/designee within five working days after being notified of the investigation team's conclusions. If no finding of discrimination, harassment, or retaliation is found by the investigation team, the complainant may make a written appeal to the president/designee within five working days of being notified of the investigation team’s conclusions. The president/designee will meet with the person making the appeal before determining to accept or reject the findings of the investigation team. Decisions of the president/designee are final and are not subject to further appeal except as provided in the Whitworth University Faculty Handbook.

9. Records Retention and Access
Records of complaints filed, findings and recommendations of investigator/s, and disciplinary actions will be maintained in a confidential file in the office of the associate vice president of human resource services. If there is a finding of discrimination, harassment or retaliation against an employee and disciplinary action is taken, the letter to the employee will be made part of that person’s permanent personnel file in the office of human resource services and as appropriate, the office of the vice president for academic affairs.

VI. Retaliation
Reprisal and retaliation are prohibited. Every reasonable effort will be made to protect the complainant from additional harm.

VII. Outside Remedies
The right of a person to prompt and equitable resolution of complaints is not impaired by the pursuit of other remedies, such as filing a complaint with appropriate federal or state departments or agencies. A person is not required to use this complaint resolution procedure before pursuing other remedies, including local law enforcement if the person believes they have been the victim of sexual assault or sexual violence.

Individuals have the right to file a formal complaint with the U.S. Department of Education:

Seattle Office for Civil Rights
U.S. Department of Education
915 Second Avenue Room 3310
Seattle, WA 98147-1099

Email: ocr.seattle@ed.gov
Phone: 206.607.1600
Fax: 206.601.1601
TDD: 206.607.1647