国產aⅴa麻豆

Table of Contents

Please note that any capitalized term in this Policy is defined herein. Because laws governing Sexual Harassment and Sexual Violence are frequently modified, Pepperdine University reserves its right to amend this Policy at any time to remain in compliance with all applicable laws, regulations, and court rulings. 

搂 1.00   Introduction

国產aⅴa麻豆University (鈥淯niversity鈥�) affirms that all members of our community are created in the image of God and therefore should be treated with dignity and respect. Our University Code of Ethics states that we do not unlawfully discriminate on the basis of any status or condition protected by applicable federal or state law. Further, we respect the inherent worth of each member of the community and do not engage in any form of harassment. We follow the profound truth found in the Golden Rule, 鈥淚n everything do to others as you would have them do to you.鈥� (Matthew 7:12).

In accordance with this belief, the University prohibits all forms of Sexual Harassment and Sexual Violence (collectively 鈥淪exual Misconduct鈥�) as defined by this Sexual Misconduct Policy (鈥淧olicy鈥�). Sexual Harassment is defined differently under federal and state law.  The applicable definitions and procedures under these laws also depend on the involved individuals鈥� status in the University community as students, faculty, staff, volunteers, or third parties. Harassment based on other protected categories is treated differently under the law and is processed under other policies. Please do not let the legal complexities be an obstacle to reporting a concern.  The University encourages individuals to immediately bring any concerning behavior to the University鈥檚 attention, even if it does not constitute Sexual Misconduct or Retaliation. Additionally, individuals who are the subject of a complaint of discrimination, harassment, or retaliation are encouraged to ask questions about the applicable definitions and procedures. The University Title IX Coordinator can explain which definitions and policies will apply.

Speech that constitutes a protected exercise of a student鈥檚 rights under California鈥檚 Leonard Law will not subject a student to disciplinary sanctions under this Policy. Some speech that may be protected by the Leonard Law is nonetheless inconsistent with the Golden Rule, and students are encouraged to live by this higher standard rooted in our Christian faith and heritage. 

搂 2.00  Policy Related Definitions and Terminology

Sexual Misconduct is an umbrella term that includes all of the conduct prohibited below, except where noted. 

A matter will be designated as a Title IX matter if the conduct is alleged to meet one or more of the following definitions below and satisfies the Title IX jurisdictional location requirement: Title IX Sexual Harassment (Environment), Title IX Sexual Harassment (Quid Pro Quo), Sexual Assault, Dating Violence, Domestic Violence, and Stalking.

A matter will be designated as a Non-Title IX matter if the conduct is alleged to meet one or more of the following definitions or if it meets a definition of prohibited conduct under Title IX but does not satisfy the Title IX jurisdictional location requirement: Non-Title IX (SB 493) Sexual Harassment, Sexual Violence, Rape, Sexual Battery,  and Sexual Exploitation. 

搂 2.01  Primary Policy Definitions

The following definitions apply to key terms used throughout this Policy. Additional policy-related definitions and terminology are provided in Appendix A. 

搂 2.01.01  Title IX Sexual Harassment (Environment)

Sexual Harassment (Environment) prohibited by Title IX is defined as unwelcome conduct determined by a reasonable person to be so severe, pervasive (more than once), and objectively offensive that it effectively denies a person equal access to the University鈥檚 education program or activity

搂 2.01.02  Title IX Sexual Harassment (Quid Pro Quo).

Quid Pro Quo Sexual Harassment prohibited by Title IX occurs when a University employee conditions the provision of an aid, benefit, or service of the University on an individual鈥檚 participation in unwelcome sexual conduct.

搂 2.01.03  Non-Title IX (SB 493) Sexual Harassment

Under California law, Non-Title IX Sexual Harassment is broader than Sexual Harassment prohibited by Title IX and is defined as conduct against a student that includes unwelcome sexual advances, requests for sexual favors, and other verbal, visual, or physical conduct of a sexual nature, made by someone from or in the work or educational setting, under any of the following conditions:

1. Submission to the conduct is explicitly or implicitly made a term or a condition of an individual鈥檚 employment, academic status, or progress.
2. Submission to, or rejection of, the conduct by the individual is used as the basis of employment or academic decisions affecting the individual.
3. The conduct has the purpose or effect of negatively impacting the individual鈥檚 work or academic performance, or of creating an intimidating, hostile, or offensive work or educational environment.
4. Submission to or rejection of the individual's conduct is used as the basis for any decision affecting the individual regarding benefits and services, honors, programs, or activities available at or through the educational institution.

The definitions above are evaluated using the standard of a reasonable person having the same legally protected characteristics that are the basis for the sexual harassment allegations (sex, gender identity and/or sexual orientation) as the person alleged to be experiencing the conduct.

搂 2.01.04  Sexual Assault - (Can be a Title IX matter or a Non-Title IX matter, depending on location and type of conduct.) 

An offense classified as a forcible or non-forcible sex offense under the Uniform Crime Reporting System of the Federal Bureau of Investigation. This category of prohibited conduct includes the following:

1. Rape: The actual or attempted penetration, however slight, of a person, forcibly and/or against that person鈥檚 will or not forcibly or against the person鈥檚 will in instances where the victim is incapable of giving consent because of their temporary or permanent mental or physical incapacity. For Non-Title IX matters (a subset of sexual violence), California law defines rape as 鈥減enetration, no matter how slight, of the vagina or anus with any part or object, or oral copulation of a sex organ by another person, without the consent of the victim.鈥�
2. Sodomy: Oral or anal sexual intercourse with another person, forcibly and/or against that person鈥檚 will or not forcibly or against the person鈥檚 will in instances where the victim is incapable of giving consent because of their youth or because of their temporary or permanent mental or physical incapacity.
3. Sexual Assault With An Object: To use an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, forcibly and/or against that person鈥檚 will or not forcibly or against the person鈥檚 will in instances where the victim is incapable of giving consent because of their youth or because of their temporary or permanent mental or physical incapacity.
4. Fondling: The touching of the private body parts of another person for the purpose of sexual gratification, forcibly and/or against that person鈥檚 will or not forcibly or against the person鈥檚 will in instances where the victim is incapable of giving consent because of their youth or because of their temporary or permanent mental or physical incapacity. For Non-Title IX matters, California law defines Sexual Battery (fondling) as 鈥渢he intentional touching of another person鈥檚 intimate parts without consent, intentionally causing a person to touch the intimate parts of another without consent, or using a person鈥檚 own intimate part to intentionally touch another person鈥檚 body without consent.鈥�
5. Incest: Nonforcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
6. Statutory Rape: Nonforcible sexual intercourse with a person who is under the statutory age of consent of 18 years old.

搂 2.01.05  Dating Violence  (Can be Title IX matter or Non-Title IX matter, depending on location) 

Dating Violence is defined as violence committed by a person: (A) who is or has been in a social relationship of a romantic or intimate nature with the victim; and (B) where the existence of such a relationship shall be determined based on a consideration of the following factors: (i) The length of the relationship. (ii) The type of relationship. (iii) The frequency of interaction between the persons involved in the relationship.

搂 2.01.06  Domestic Violence  (Can be Title IX matter or Non-Title IX matter, depending on location) 

Domestic Violence is defined as a felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the state of California or by any other person against an adult or youth victim who is protected from that person鈥檚 acts under the domestic or family violence laws of the state of California.

搂 2.01.07  Stalking  (Can be Title IX matter or Non-Title IX matter, depending on location) 

Stalking is defined as engaging in a course of conduct directed at a specific person that would cause a reasonable person to: (A) fear for their safety or the safety of others; or (B) suffer substantial emotional distress. For the purposes of this definition, course of conduct means two or more acts, including, but not limited to, acts in which the Respondent directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person鈥檚 property. Reasonable person means a reasonable person under similar circumstances and with similar identities to the Complainant. Substantial emotional distress means significant mental suffering or anguish that may but does not necessarily require medical or other professional treatment or counseling.

搂 2.01.08  Sexual Exploitation (Not Prohibited by Title IX) 

Sexual Exploitation is taking non-consensual or abusive sexual advantage of another for their own benefit or for the benefit of anyone other than the person being exploited. Examples of Sexual Exploitation include, but are not limited to:

1. Sexual voyeurism (such as observing or allowing others to observe a person undressing or using the bathroom or engaging in sexual acts) or the viewing of another person鈥檚 sexual activity or intimate parts, in a place where that other person would have a reasonable expectation of privacy, without that person鈥檚 consent, for the purpose of arousing or gratifying sexual desire.
2. The recording of or the taking of pictures, video, or audio recording of another in a sexual act, or in any other sexually-related activity when there is a reasonable expectation of privacy during the activity, without the consent of all involved in the activity, or exceeding the boundaries of consent (such as allowing another person to hide in a closet and observe sexual activity), including the making or posting of revenge pornography.
3. The distribution of images, including video or photograph, or audio of another person鈥檚 sexual activity or intimate parts, if the individual distributing the images or audio knows or should have known that the person depicted in the images or audio did not consent to the disclosure.
4. Prostituting another person.
5. Engaging in sexual activity with another person while knowingly infected with human immunodeficiency virus (HIV) or a sexually-transmitted disease (STD) or infection (STI), without informing the other person of the infection.
6. Causing or attempting to cause the incapacitation of another person (through alcohol, drugs, or any other means) for the purpose of compromising that person鈥檚 ability to give consent to sexual activity, or for the purpose of making that person vulnerable to non-consensual sexual activity.
7. Misappropriation of another person鈥檚 identity on apps, websites, or other venues designed for dating or sexual connections.
8. Forcing a person to take an action against that person鈥檚 will by threatening to show, post, or share information, video, audio, or an image that depicts the person鈥檚 nudity or sexual activity.
9. The trafficking of another person, defined as the inducement of a person to perform a commercial sex act, or labor or services, through force, fraud, or coercion.

搂 2.02  Policy-related Terminology
The following definitions apply to key terms used throughout this Policy. Additional policy-related definitions and terminology are provided in Appendix A. 

搂 2.02.01  Advisor

Advisor refers to a person chosen by a party or appointed by the University to accompany the party to meetings related to the formal investigation and hearing process or the Informal Resolution process, to advise the party, and, in Title IX cases, to conduct cross-examination when required for the party at the hearing, if any.

搂 2.02.02  Complainant

Complainant refers to an individual who is reported to have experienced Sexual Misconduct, regardless of whether the individual makes a formal complaint. As provided in 搂 11.02.03, when the University initiates a Formal Complaint, and the Complainant has indicated through words or conduct that they do not wish to be involved in the process, the Complainant remains a 鈥減arty,鈥� but the Title IX Coordinator will proceed as though the Complainant does not intend to exercise any rights of a party. If at any point the Complainant decides to exercise rights retained under the Policy, the Complainant should inform the Title IX Coordinator of that intent.

搂 2.02.03  Confidential Resource

A University employee or resource designated to receive disclosures of Sexual Misconduct without being required to report the information to the University Title IX Coordinator or others, except in limited circumstances required by law or involving a serious threat to health or safety. Confidential resources can provide support, information about available resources and Supportive Measures, and guidance regarding reporting options while maintaining confidentiality to the extent permitted by law. Also see 搂 7.05 Confidential Resources

搂 2.02.04  Affirmative Consent

Consent as used in the definition of Sexual Assault above means 鈥淎ffirmative Consent.鈥� Affirmative Consent means informed, conscious, voluntary, and mutual agreement to engage in sexual activity. It is the responsibility of each person involved in the sexual activity to ensure that they have the Affirmative Consent of the other or others to engage in sexual activity. The absence of protest or resistance does not constitute Affirmative Consent, nor does silence. Affirmative Consent must be ongoing throughout a sexual activity and can be revoked at any time. The existence of a dating relationship between the persons involved, or the fact of past sexual relations between them, should never by itself be assumed to be an indicator of Affirmative Consent (California SB 967).

In evaluating whether Affirmative Consent has been freely sought and given, the University will consider the presence of any force, threat of force, or coercion; whether the Complainant had the capacity to give Affirmative Consent; and, whether the communication (through words and/or actions) between the parties would be interpreted by a reasonable person (under similar circumstances and with similar identities) as a willingness to engage in a particular sexual act. Affirmative Consent cannot be obtained through physical force or where there is a reasonable belief of the threat of physical force, when one person overcomes the physical limitations of another person, or by taking advantage of another person鈥檚 incapacitation. 

An individual is also unable to provide consent to engage in sexual activity when the individual: 1) is a minor (age 17 or under); 2) has a mental disorder or developmental or physical disability that renders her or him incapable of giving knowing consent; 3) is asleep or unconscious; or 4) is incapacitated from alcohol or other drugs, and this condition was known, or reasonably should have been known or recognized by the Respondent.

搂 2.02.05  Formal Complaint

A 鈥淔ormal Complaint鈥� is a document submitted by a Complainant or initiated by the University Title IX Coordinator, alleging Sexual Misconduct against a Respondent and requesting that the University address the alleged matter. Also see 搂 13.00  Formal Complaint of Sexual Misconduct

搂 2.02.06  Hostile Environment

Unwelcome conduct based on sex that is sufficiently severe, pervasive, or objectively offensive that it effectively denies, limits, or interferes with a person鈥檚 ability to participate in or benefit from the University鈥檚 education programs, activities, or employment. A hostile environment may be created by verbal, nonverbal, written, electronic, or physical conduct.

搂 2.02.07  Incapacitation

Incapacitation is the inability, temporarily or permanently, to give consent because the individual is mentally and/or physically helpless, 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 they demonstrate that they are unaware at the time of the incident of where they are, how they got there, or why or how they became engaged in a sexual interaction. 

When alcohol is involved, incapacitation is a state beyond drunkenness or intoxication. When drug use is involved, incapacitation is a state beyond being under the influence or impaired by use of the drug. Alcohol and other drugs impact each individual differently, and determining whether an individual is incapacitated requires an individualized determination. 

Some of the factors used to determine incapacitation include:

1. Stumbling or otherwise exhibiting loss of equilibrium
2. Bloodshot, glassy, or unfocused eyes
3. Slurred speech or word confusion
4. Vomiting, especially repeatedly
5. Outrageous or unusual behavior
6. Being disoriented or confused about time, place, or other details.
7. Loss of consciousness

None of these factors, except for the last, may constitute鈥攊n and of themselves鈥擨ncapacitation. But the process of finding someone responsible for a violation of the Policy related to incapacity involves careful examination of all evidence, which may result in a sufficient or insufficient meeting of the preponderance of the evidence standard. This standard may be met with some combination of factors.

Some counter-indicators of incapacity may include:

1. Stops to do things to prepare for sexual activity
2. Stops to use or request birth control
3. Brushes teeth after vomiting
4. Goes to restroom
5. Carefully removes clothes
6. Carries on relatively normal conversations
7. Motor abilities are not impaired

The use of alcohol or other drugs can lower inhibitions and create an atmosphere of confusion about whether consent is effectively sought and freely given. If there is any doubt as to the level or extent of one鈥檚 own or the other individual鈥檚 intoxication or Incapacitation, the safest course of action is to forgo or cease any sexual activity. A Respondent鈥檚 voluntary intoxication is never an excuse for or a defense to prohibited conduct, and it does not diminish the responsibility to determine that the other person has given consent.

In evaluating consent in cases of reported Incapacitation due to alcohol or other drugs, the University considers all of the above factors in determining two issues: 

1. Is there a preponderance of evidence that the Complainant was Incapacitated?
2. Did the Respondent know that the Complainant was Incapacitated?
3. And if not, should a sober, reasonable person in circumstances similar to those of the Respondent have known that the Complainant was Incapacitated?

If the answer to these questions is 鈥測es,鈥� there was no consent; and the conduct is a violation of this Policy.

搂 2.02.08  Respondent

Respondent refers to an individual who is reported to have engaged in Sexual Misconduct. 

搂 2.02.09  Responsible Employee

A University employee, including certain student employees with supervisory or student-welfare responsibilities, is required to promptly report any known or suspected Sexual Misconduct to the University Title IX Coordinator. Responsible Employees may provide support and assistance, but cannot promise confidentiality or withhold information regarding potential policy violations.  Also see 搂 7.07 Responsible Employees

搂 2.02.10  Retaliation

鈥淩etaliation鈥� is taking an adverse action (as described in the definition of Sex Discrimination above), which may include intimidating, threatening, coercing, harassing, or discriminating against any individual for the purpose of interfering with any right or privilege secured by law or by this Policy, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under this Policy. Retaliation may be committed by the Respondent, the Complainant, or any other individual or group.  Acts of alleged Retaliation should be reported immediately to the University Title IX Coordinator; the report will be promptly investigated. The University reserves the right to handle retaliation under this Policy or another University policy.

搂 2.02.11  Supportive Measures

Non-disciplinary, non-punitive, individualized services or measures offered by the University, as appropriate and reasonably available, to a Complainant or Respondent, without fee or charge, before or after the filing of a Formal Complaint, or where no Formal Complaint has been filed. Supportive measures are designed to restore or preserve equal access to the University鈥檚 education programs or activities, protect the safety of parties or the educational environment, and deter Sexual Misconduct, without unreasonably burdening the other party.  Also see 搂 11.00   Supportive Measures

搂 3.00   Statement of Non-Discrimination

The University does not discriminate on the basis of sex in its educational programs and activities, including employment and admission. Complaints of discrimination based on sex (including Sexual Harassment) are handled under this Policy or other appropriate University grievance procedures, as described below under the Policy's Jurisdiction.

搂 4.00   Sexual Misconduct is Prohibited

Because of our commitment to honoring the dignity and respect of every individual, Sexual Misconduct and any related Retaliation is prohibited and will result in disciplinary action, up to and including dismissal or termination from the University, subject to the provisions of California鈥檚 Leonard Law. If a violation is determined to have occurred, 国產aⅴa麻豆will implement remedies designed to restore or preserve equal access to the University鈥檚 educational program or activity for the Complainant, and will impose disciplinary sanctions on the Respondent, subject to the provisions of California鈥檚 Leonard Law.

搂 5.00   Jurisdiction of the Policy

搂 5.01  Concerning Title IX Sexual Harassment 

The U.S. Department of Education鈥檚 Office for Civil Rights (OCR) enforces, among other laws, Title IX of the Education Amendments of 1972 (Title IX). Title IX protects people from discrimination based on sex in education programs or activities that receive Federal financial assistance. Title IX states that: 鈥淣o 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.鈥� Because the University receives federal funds, it is required to comply with Title IX and all applicable Title IX regulations, including those published in May 2020. 

The 2020 Title IX regulations provide a specific definition for 鈥渟exual harassment鈥� prohibited under Title IX (i.e., 鈥淭itle IX Sexual Harassment鈥�) and require specific procedures to be followed when addressing such conduct.  The 2020 Title IX regulations define Sexual Harassment as the creation of a hostile environment (which has a specific definition under Title IX), engaging in Quid Pro Quo, Sexual Assault, Dating Violence, Domestic Violence, and Stalking. 

The procedures mandated by the 2020 Title IX Regulations apply when the conduct defined as Title IX Sexual Harassment occurs in certain locations in the United States:

1. In the education programs and activities of the University,
2. On the campus or on property owned or controlled by the University,
3. At University-sponsored events, or
4. In buildings owned or controlled by the University鈥檚 recognized student organizations

If the alleged conduct constitutes Title IX Sexual Harassment and occurs in one of these locations, the specific procedures required by the 2020 Title IX regulations will apply, as set forth in this Policy.  This includes the regulations鈥� requirement that the University must dismiss a Title IX Sexual Harassment matter that does not meet the regulation鈥檚 definition of 鈥渟exual harassment,鈥� did not occur in the University鈥檚 education programs or activities, and/or where the individual was located outside the United States when the conduct allegedly occurred, and/or where a Complainant is not participating in or attempting to participate in a University education program or activity.  As provided in this Policy, however, dismissal from the Title IX Sexual Harassment process is not the same as a final resolution. If a matter is dismissed as a Title IX matter, the Title IX Coordinator will assess whether this Policy鈥檚 other processes or another University policy applies, as required by state law and informed by University policies.

搂 5.02  Concerning Sexual Misconduct Not Defined as Title IX Sexual Harassment 

In addition to Title IX Sexual Harassment, this Policy can also be applicable to conduct more broadly prohibited by this Policy, including conduct: 

1. That falls within the location of Title IX jurisdiction but does not meet the definition of conduct prohibited by Title IX and is therefore dismissed as a 鈥淭itle IX Matter鈥�;
2. That occurs outside the location of Title IX jurisdiction (off-campus misconduct, online misconduct, in the University鈥檚 international programs) and that effectively deprives someone of access to the University鈥檚 educational programs or activities; and
3. Against a student that is prohibited under this Policy as 鈥淐alifornia Senate Bill (SB) 493 Sexual Harassment鈥�  that occurs in connection with any educational activity or other program of the University, as well as incidents that occurred outside of those educational programs or activities, whether they occurred on or off campus, if, based on the allegations, there is any reason to believe that the incident could contribute to a hostile educational environment or otherwise interfere with a student鈥檚 access to education.

For matters that fall outside the scope of Title IX Sexual Harassment, the University may nonetheless take action to enforce this Policy鈥檚 prohibitions by using the Informal Resolution process, a formal grievance process identified in this Policy, or using any other University policy the University deems applicable, for example: 

1. The Employee Grievance Procedure in Section 31 of the University Policy Manual,
2. The University Tenure Policy,
3. The Non-Academic Student Grievance Procedure in each school鈥檚 catalog; or
4. The Student Code of Conduct.  

Except for matters of Title IX Sexual Harassment, which will be processed under this Policy, the Title IX Coordinator has discretion to refer a matter to another University policy and/or process, subject to state law requirements.  

A student may file a formal complaint against the University alleging that a University policy or practice constitutes Sex Discrimination using the school鈥檚 Non-Academic Student Grievance Procedure.  An employee may file a formal complaint of Sex Discrimination against the University through the Employee Grievance Procedure in Section 31 of the University Policy Manual.

For example:

1. In cases where a University faculty or staff member is accused of other forms of misconduct in addition to Sexual Misconduct, Human Resources and/or the dean of the respective school may take immediate action following other policies governing misconduct, thereby making this Policy inapplicable (e.g., in cases where a faculty/staff member is immediately terminated).
2. If the Respondent is a student and an employee, the University Title IX Coordinator will determine which University policy should apply based upon the facts and circumstances (including, but not limited to, the context of the prohibited conduct, the roles of the parties at the time of the conduct, and the location of the incident).
3. A report or complaint of Sex Discrimination submitted by a student against another student may be resolved through the Office of Community Standards using the procedures in this Policy.
4. A report or complaint of Sex Discrimination submitted by a student against a Pepperdine employee may be resolved using the school鈥檚 Non-Academic Student Grievance Procedure.
5. A report or complaint of Sex Discrimination, FEHA Sexual Harassment, or Sexual Exploitation submitted by an employee against another employee may be resolved through the Employee Grievance Procedure in Section 31 of the University Policy Manual.
6. A report or complaint of FEHA sexual harassment submitted by an employee against a student may be resolved through the Office of Community Standards using the procedures in this Policy.

As stated above, dismissal of allegations as a Title IX Sexual Harassment matter does not preclude the University from responding to the allegations under other applicable University policies, procedures, state law, the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (鈥淐lery Act鈥�), or the Violence Against Women Reauthorization Act (鈥淰AWA鈥�).

Allegations of sexual assault, dating violence, domestic violence, and stalking may implicate rights and procedural protections under VAWA and the Clery Act even when the allegations fall outside the scope or jurisdictional requirements of Title IX.

In matters involving allegations of sexual assault, dating violence, domestic violence, or stalking, the University may continue to provide Supportive Measures, procedural protections, and institutional responses as required or permitted under applicable law and University policy.

搂 6.00 University Title IX Coordinator

The University designated Dawn Emrich as the Title IX Coordinator.  Contact Information:

搂 6.02  The University Title IX Coordinator is responsible for the University鈥檚 overall compliance with Title IX and coordinates the University鈥檚 efforts related to the intake, investigation, resolution, and implementation of Supportive Measures to stop, remediate, and prevent discrimination, harassment, and retaliation prohibited under this Policy. Upon receiving reports of Sexual Misconduct, the University Title IX Coordinator or designee meets with the Complainant to ensure that Supportive Measures are in place and that appropriate procedures are followed to address the complaint in a manner that is fair to both the Complainant and the Respondent. The University Title IX Coordinator also ensures that proper training is provided to the officials involved in the process and coordinates educational programs for the entire University community. When appropriate, the University Title IX Coordinator may appoint a designee to conduct or assist with the stated duties in this Policy.

搂 7.00 Reporting Sexual Misconduct

搂 7.01  Overview

The University encourages all individuals to report incidents of Sexual Misconduct or suspected Sexual Misconduct, whether they are Complainants or Witnesses. Individuals subjected to Sexual Misconduct have several reporting options. At the University, individuals can report anonymously, confidentially, or file a formal complaint of Sexual Misconduct, as explained below. Outside the University, individuals can report Sexual Misconduct to community resource centers that specialize in providing resources to victims of Sexual Misconduct, report to and coordinate with local law enforcement for a potential criminal charge, or file civil litigation against the Respondent.  Individuals may choose a combination of the above options, and some will choose none.

Under California law, the University is required to immediately, or as soon as practicably possible, disclose to local law enforcement any report of Sexual Assault, whether committed on or off campus. If the individual communicates to the University that they would like their identity withheld, the University will not disclose the individual鈥檚 or the alleged Respondent鈥檚 identity in its report to law enforcement.

搂 7.02  Reporting During an Emergency

In situations involving immediate danger on the Malibu campus, individuals should call 911 first and then contact Public Safety at 310-506-4441 if it is safe to do so. Individuals located off-campus should call 911 or local emergency services. Individuals at one of the University鈥檚 graduate, DC, or international campuses should contact their program director or local law enforcement for information regarding available emergency response, counseling, medical, and legal resources.

搂 7.03  Reporting to the University Title IX Coordinator

Anyone may report Sexual Misconduct or Retaliation related to Sexual Misconduct (whether or not the person reporting is the person alleged to have been subjected to Sexual Misconduct or Retaliation) to the University by contacting the University Title IX Coordinator in person, by mail, by telephone, or by email, using the contact information listed above, or by any other means that results in the University Title IX Coordinator receiving the person鈥檚 verbal or written report. Such a report may be made at any time, including during non-business hours, by telephone, by email, or by mail to the office address.

Reports may involve students, employees, or third parties, including but not limited to visitors, vendors, contractors, alumni, internship or practicum site personnel, guests, parents, or other non-affiliated individuals.

When the Respondent is affiliated with another educational institution, the University Title IX Coordinator may assist the Complainant in identifying and contacting that institution鈥檚 Title IX Coordinator or the appropriate office.

An individual reporting Sexual Misconduct may do so verbally or in writing. If a written report is submitted, it is helpful to have a brief written statement citing the type(s) of Sexual Misconduct that occurred (see Definitions) and supporting facts (e.g., Respondent name, what happened, when and where the incident occurred, Witness(es), etc.). A report is not the same as filing a Formal Complaint.

搂 7.03.01  Reports Involving Third-Party Respondents

When the Respondent is a third party, the University鈥檚 ability to investigate, impose discipline, or take corrective action may be limited by the nature of the Respondent鈥檚 relationship to the University, the University's level of control over the Respondent, or the context in which the conduct occurred. However, the University may still take appropriate responsive actions, including offering Supportive Measures, restricting access to University programs or property, coordinating with external entities, or referring the matter to another applicable policy or process.

A third party who is not participating in or attempting to participate in the University鈥檚 education program or activity may make a report under this Policy but may not file a Formal Complaint under the Title IX grievance procedures.

搂 7.04  Anonymous Reports

Any individual may make an anonymous report concerning Sexual Misconduct. An individual may report the incident without disclosing names, identifying the Respondent, or requesting any action. However, depending on the extent of information available about the incident or the individuals involved, the University鈥檚 ability to respond to an anonymous report may be limited. As provided in Section 8 below, the University will conduct an initial assessment to determine the appropriate next steps in response to any anonymous report.

搂 7.05  Confidential Resources

The University has designated confidential resources who are not obligated to report information that is provided to them. This allows individuals to explore their options in a supportive environment while they make informed decisions.  Confidential resources will not share these communications or that these communications occurred without consent from the Complainant or Respondent. There are rare exceptions where confidentiality cannot be honored; for example, in cases of court subpoena, child or elder abuse, or where harm to self or others is probable. 

An individual who is not prepared to make a report or formal complaint, or who may be unsure how to label what happened, but still seeks information and support, is strongly encouraged to contact a confidential resource. Confidential resources may provide information regarding how to contact the Title IX Coordinator, the availability of Supportive Measures, and the process for filing a Formal Complaint under this Policy.

When a disclosure is made to the University Title IX Coordinator, the University will keep confidential the identity of any individual who has made a disclosure, including any Complainant, Respondent, or Witness, except as may be permitted by the Family Educational Rights and Privacy Act (FERPA), or as required by law, or to carry out the procedures in this Policy. This means that the University will protect the individual鈥檚 privacy but may disclose information to those who have a legitimate need to know.

In accordance with the Clery Act and SB 1433, the University will conduct record-keeping on reports of dating violence, domestic violence, stalking, and sexual assault, which excludes personally identifiable information. Confidential resources will not report Clery crimes they learn about through confidential communications for purposes of the University鈥檚 compilation of campus crime statistics. 

搂 7.06  Immunity for Complainants and Witnesses (Good Samaritan Policy)

In order to encourage student Complainants and Witnesses to make reports of conduct prohibited under this Policy, the University will not pursue disciplinary action against a student who makes a good faith report to the University as a Complainant or a Witness of conduct prohibited under this Policy for a violation of the Student Code of Conduct by the student occurring at or near the time of the incident, regardless of the location at which the incident occurred or the outcome of the investigation. This includes immunity for disclosure of personal consumption of alcohol or other drugs (underage or illegal) which would otherwise be a violation of the Student Code of Conduct. Even when immunity is extended, the University may initiate an assessment or educational discussion or pursue other non-disciplinary options regarding alcohol or other drug use. Also see full details found at this link: 国產aⅴa麻豆Good Samaritan Policy.

搂 7.07  Responsible Employees

With the exception of University employees designated as confidential resources (see Confidential Resources), all other University employees, including faculty and staff, are required to immediately report any information they know about suspected Sexual Misconduct. These individuals are identified under California State law and University policy  as 鈥淩esponsible Employees.鈥�

Student employees who have supervisory responsibility or responsibility for the welfare of other students are also considered Responsible Employees when they learn of potential violations of this Policy in the scope of their employment.

Responsible Employees must report all known information, including the identities of the parties, the date, time and location, and any details about the reported incident to the University Title IX Coordinator (see Reports to the University Title IX Coordinator). The University Title IX Coordinator or designee will promptly contact the Complainant to discuss the availability of Supportive Measures, consider the Complainant鈥檚 wishes with respect to Supportive Measures, inform the Complainant of the availability of Supportive Measures with or without the filing of a formal complaint, and explain to the Complainant the process for filing a formal complaint. Responsible Employees may provide support and assistance to a Complainant, Witness, or Respondent, but they cannot promise confidentiality or withhold information about prohibited conduct. Failure by a Responsible Employee to report suspected prohibited conduct in a timely manner may subject them to appropriate discipline, including removal from a position or termination of employment. Also see University Employee Policy Manual Section 5.4.

Responsible Employees are not required to report information disclosed at public awareness events (e.g., 鈥淭ake Back the Night,鈥� candlelight vigils, protests, 鈥渟urvivor speak-outs,鈥� or other public forums in which students may disclose prohibited conduct (collectively, public awareness events)); or during an individual鈥檚 participation as a subject in an Institutional Review Board-approved human subjects research protocol (IRB Research). However, the University may provide information about Title IX rights and about available University and community resources and support at public awareness events and an Institutional Review Board may, in appropriate cases, require researchers to provide such information to all subjects of IRB Research.

Responsible Employees may choose not to make a complaint or report if they themselves are the Complainant and would otherwise have reporting obligations by virtue of being a faculty member, staff member, or student employee with supervisory responsibility or responsibility for the welfare of other students.

搂 7.08  Reporting Options Outside the University

搂 7.08.01  Community Resource Centers

搂 7.08.02  Local U.S. Law Enforcement

For help in reporting the Sexual Misconduct to local law enforcement, call the Department of Public Safety at 310-506-4700. It is important to understand that reporting Sexual Misconduct does not obligate the reporting party to press criminal charges. California law provides that individuals who experience sexual assault are encouraged to preserve evidence and to note the identity and location of Witnesses. Contacting law enforcement to make a report allows for forensic evidence to be collected, including an exam if needed, which may be helpful if a decision is made to pursue criminal charges.

搂 7.08.03  Civil Court

Santa Monica Municipal Court
1725 Main Street
Santa Monica, CA 90401
310-255-1840
http://www.lacourt.org/courthouse/info/SM

For help filing a civil lawsuit, please contact the Santa Monica Municipal Court.

搂 7.09  Resources for Students and Employees Located Out of State or Abroad

Students or employees participating in a program located out of state or abroad should consult with the program director for confidential reporting options, available community resources, and law enforcement contact information in their location

搂 7.10  False Allegations and Evidence

Deliberately false and/or malicious accusations under this Policy, as opposed to allegations which, even if erroneous, are made in good faith, are a serious offense and will be subject to appropriate disciplinary action. Additionally, Witnesses and parties who knowingly provide false evidence, tamper with or destroy evidence after being directed to preserve it, or deliberately mislead an official conducting an investigation may be subject to disciplinary action.

搂 7.11  Counterclaims

The University is obligated to ensure that the grievance process is not abused for retaliatory purposes. The University permits the filing of counterclaims but will assess whether the allegations in the counterclaim are made in good faith. Counterclaims by the Respondent may be made in good faith, but are, on occasion, also made for purposes of retaliation. Counterclaims made with retaliatory intent will not be permitted. 

Counterclaims determined to have been reported in good faith will be processed using the formal grievance procedures. Investigation of such claims may take place after resolution of the underlying initial allegation, in which case a delay may occur. Counterclaims may also be resolved through the same investigation as the underlying allegation, at the discretion of the University Title IX Coordinator. When counterclaims are not made in good faith, they will be considered retaliatory and may constitute a violation of this Policy.

搂 8.00 Initial Assessment of Reports to the University Title IX Coordinator

Upon receipt of a report to the University Title IX Coordinator of alleged Sexual Misconduct, the University Title IX Coordinator, or designee, initiates a prompt initial assessment to determine the next steps the University needs to take and whether the matter should be referred for handling under any other University policy, subject to federal and state law requirements.  This initial assessment may include preliminary interviews or other inquiries to determine next steps. The University Title IX Coordinator will initiate at least one of four responses:

1. Offer Supportive Measures regardless of whether or not the Complainant wants to file a Formal Complaint; and/or
2. Initiate an Informal Resolution process (upon submission of a Formal Complaint) if the matter is appropriate for Informal Resolution;
3. Initiate a formal grievance process including a formal investigation and a hearing (upon submission of a Formal Complaint); and/or
4. Refer the matter for handling under another applicable University policy where appropriate.

搂 9.00  Initial Meeting with the University Title IX Coordinator

When alleged Sexual Misconduct is reported, the University Title IX Coordinator or designee will promptly contact the Complainant to discuss the availability of Supportive Measures, consider the Complainant鈥檚 wishes with respect to Supportive Measures, inform the Complainant of the availability of Supportive Measures with or without the filing of a Formal Complaint, and explain to the Complainant their rights and options, including the process for filing a Formal Complaint. The University Title IX Coordinator or designee will also explain the options for a formal grievance process and an Informal Resolution process. At this initial meeting, the University Title IX Coordinator will also explain the Complainant's right to an Advisor of their choice. See 搂 10.00 Right to an Advisor

搂 10.00 Right to an Advisor

Parties may bring a support person or an Advisor of their choice to the initial meeting with the University Title IX Coordinator and any other meetings related to the Informal Resolution process, formal investigation process, hearings, and appeals. 

Advisors may advise parties privately but may not speak on behalf of the parties except as expressly permitted under this Policy. The University generally communicates directly with the parties, who are responsible for communicating with their own Advisors. The support person may serve as the Complainant鈥檚 Advisor of choice in future meetings with University officials.

The Title IX Coordinator shall be provided the name and email address for the Advisor. A party may elect to change Advisors during the process and is not obligated to use the same Advisor throughout. The parties are expected to provide timely notice to the University Title IX Coordinator if they change Advisors at any time. 

The University expects Advisors to adjust their schedules to attend University meetings when scheduled, but may reschedule meetings to accommodate an Advisor鈥檚 inability to attend if doing so does not cause an unreasonable delay. 

The University reserves the right to restrict an Advisor鈥檚 participation when the Advisor鈥檚 involvement would create a material conflict of interest, potential for bias, violate confidentiality obligations, disrupt the process, or otherwise materially interfere with the fair and orderly administration of the process, including but not limited to if a party chooses an Advisor who is also a Witness in the matter.

搂 11.00  Supportive Measures

搂 11.01  Definition and Process

For Title IX Sexual Harassment matters as well as any other circumstances of Sexual Misconduct, Supportive Measures are non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the Complainant or the Respondent before or after the filing of a Formal Complaint or where no Formal Complaint has been filed related to a qualifying situation. Such measures are designed to restore or preserve equal access to the University鈥檚 education programs or activities without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the University鈥檚 educational environment, or deter Sexual Misconduct. The University maintains the confidentiality of any Supportive Measures provided to the Complainant or Respondent, to the extent that maintaining such confidentiality would not impair the University's ability to provide the Supportive Measures.

The University may also offer Supportive Measures as appropriate, in matters involving allegations of sexual assault, dating violence, domestic violence, and stalking, consistent with VAWA, Clery Act, and California state law obligations. These Supportive Measures may be available regardless of whether the alleged Respondent is affiliated with the University or whether the alleged conduct occurred on campus, off campus, online, or outside the United States, to the extent the University determines such measures are appropriate and reasonably available.

During the initial meeting with the University Title IX Coordinator or designee, Complainants will have the opportunity to express what they would like in the form of Supportive Measures, and the University Title IX Coordinator will take into account the Complainant鈥檚 wishes in determining which Supportive Measures to offer. The University Title IX Coordinator, at their discretion, may implement Supportive Measures which may be applied to the Complainant and/or the Respondent, including, but not limited to the measures outlined below.

搂 11.02  Issuance of No Contact Orders

A No Contact Directive is an individualized supportive measure intended to help maintain a respectful and safe educational or employment environment while minimizing the risk of unwanted, retaliatory, intimidating, or harassing interactions between individuals. No Contact Directives are only available when both parties are members of the University community. No Contact Directives are not imposed automatically and are implemented based on the circumstances and needs of the parties and the University community. A No Contact Directive does not indicate that the University has made a finding of responsibility or determined that a policy violation occurred.

搂 11.02.01  No Contact Directives in Title IX Sexual Harassment Matter

In Title IX Sexual Harassment matters, the University may issue either a unilateral or mutual No Contact Directive as an individualized supportive measure designed to restore or preserve equal access to the University鈥檚 education program or activity.

A No Contact Directive issued in a Title IX Sexual Harassment matter may prohibit direct or indirect communication between the parties, including in-person contact, phone calls, text messages, emails, social media interactions, and communication through third parties. Depending on the circumstances, the directive may also include expectations regarding shared classes, housing, employment settings, activities, or events.

搂 11.02.02  No Contact Directives in Matters Not Designated as Title IX Sexual Harassment

In matters not designated as Title IX Sexual Harassment where the Complainant is a student and the Respondent is a member of the University community, the University may issue an interim unilateral No Contact Directive prohibiting the Respondent from contacting the Complainant upon request of the Complainant or where otherwise determined to be appropriate, consistent with California SB 493.

The University will not issue a mutual No Contact Directive automatically in matters involving student Complainants that are not designated as Title IX Sexual Harassment. Instead, the University will assess the specific circumstances of the matter to determine whether a mutual directive is appropriate to protect a party鈥檚 safety or well-being or to address interference with the grievance process, consistent with California SB 493.

A No Contact Directive issued in a matter not designated as Title IX Sexual Harassment may still prohibit direct or indirect communication between the parties, including in-person contact, phone calls, text messages, emails, social media interactions, and communication through third parties. Depending on the circumstances, the directive may also include expectations regarding shared classes, housing, employment settings, activities, or events.

When a mutual No Contact Directive is issued in a matter not designated as Title IX Sexual Harassment, the University will provide the parties with a written explanation of the directive, including its terms and the circumstances under which an alleged violation may result in responsive or disciplinary action.  A No Contact Directive issued after a decision of responsibility has been made shall be unilateral and only apply against the party found responsible. Upon the issuance of any No Contact Directive, the University will provide the parties with an explanation of the terms of the directive, including the circumstances, if any, under which violation could be subject to disciplinary sanction.

搂 11.02.03  Additional Provisions Regarding No-Contact Directives

Incidental contact in shared public or educational settings, by itself, will not necessarily constitute a violation of the directive. However, repeated or intentional contact may be considered a violation.

A No Contact Directive does not automatically prohibit the parties from attending the same class, event, residence hall, workplace, or other University activity. When appropriate, the University may work with faculty, supervisors, housing staff, or other administrators to help minimize unnecessary interaction while preserving access to educational or employment opportunities. If parties become enrolled in the same course or participate in the same University activity in a future semester or term, they are expected to notify the Title IX Coordinator so that appropriate Supportive Measures or coordination can be considered.

No Contact Directives are Supportive Measures, not disciplinary sanctions. However, failure to comply with a directive may result in responsive action or disciplinary action under applicable University policies. Parties are encouraged to report alleged violations of a No Contact Directive promptly to the Title IX Coordinator or other appropriate University officials. In situations involving immediate safety concerns or emergencies, individuals should contact Public Safety or local law enforcement.

No Contact Directives remain in effect until modified or lifted by the University. Parties may request clarification, modification, or termination of a directive by contacting the University Title IX Coordinator.

No Contact Directives do not, by themselves, become part of a student鈥檚 permanent academic transcript.

搂 11.03  Additional Supportive Measures  

Additional supportive measures that may be available, as appropriate and reasonably available, include, but are not limited to, the following:

搂 11.03.01  Access to counseling services and assistance in setting up an immediate care or an  initial appointment, on and off campus

搂 11.03.02  Academic Related Adjustments

1. Academic adjustments are individualized, time-limited, and developed in coordination with the student and relevant faculty or program administration. Such flexibility is not intended to fundamentally alter the essential requirements of a course or program, compromise academic standards or grading authority, or conflict with University or applicable legal and accreditation requirements.
2. Rescheduling of exams or assignments;
3. Providing alternative course completion options;
4. Requesting a change to one鈥檚 class schedules, including the ability to transfer course sections or withdrawal from a course without penalty.
5. Providing academic support services, such as tutoring;

搂 11.03.03  Flexibility with deadlines or administrative processes (outside coursework)

搂 11.03.04  Requesting a change to one鈥檚 work schedules, job assignments, or work environment;

搂 11.03.05  Requesting a change to one鈥檚 University-owned housing assignment;

搂 11.03.06  Assistance from University support staff in completing University housing relocation;

搂 11.03.07  Limiting an individual鈥檚 or organization鈥檚 access to certain University facilities or activities pending resolution of the matter;

搂 11.03.08  Following a safety assessment, appropriate steps will be taken to address identified concerns, which may include facilitating access to existing safety resources, such as security escorts, or other safety planning with Public Safety as warranted

搂 11.03.09  Voluntary leave of absence; 

搂 11.03.10  Assistance with administrative tasks (e.g., withdrawals, petitions, documentation)

搂 11.03.11  Campus safety and law enforcement assistance

Assistance with reporting concerns to 国產aⅴa麻豆Public Safety, requesting security escorts, coordinating campus safety planning, or accessing other available campus safety resources and support services. Assistance with reporting to local law enforcement, understanding options for criminal or civil reporting, obtaining information regarding restraining orders or protective orders, and accessing available community-based resources and support services.

搂 11.03.12  Providing medical services;

搂 11.03.13  Providing reasonable support for pregnancy and pregnancy-related conditions. See 搂 20.00 Pregnancy and Related Conditions

搂 11.03.14  Any other actions deemed appropriate by the University Title IX Coordinator.

搂 12.00  Emergency Removal

搂 12.01  Student Respondents

The University can remove a student Respondent on an emergency basis when an individualized safety and risk analysis has determined that an immediate threat to the physical health or safety of any student or other individual justifies removal. Also see Student Interim Restriction. This risk analysis is performed by the vice president for student affairs (or designee), who may consult as necessary with other University officials to conduct an objective threat assessment. The emergency removal may be a full restriction from all University property, programs and activities or a limited removal (e.g., from certain locations, classes, teams, organizations, or activities). The vice president for student affairs (or designee) has sole discretion under this Policy to implement or stay an emergency removal and to determine the conditions and duration. Violation of an emergency removal under this Policy may result in discipline, including permanent dismissal.  

When it is determined that an emergency removal or interim restriction is justified, a student Respondent will be given written notice that includes the basis for the removal decision and the specific restrictions, conditions, and duration. Immediately after the emergency removal, the student Respondent will be given the opportunity to challenge the decision by submitting, in writing, to the Office of the Provost an explanation of why the removal should not be implemented or should be modified, via email at provost@pepperdine.edu within 72 hours of the emergency removal. The emergency removal is not a determination of responsibility, and does not replace any investigation or hearing process, which will proceed as set forth in this Policy, up to and through the conclusion of any appeal, if required. 

搂 12.02  Employee Respondents 

Employee Respondents may also be placed on paid administrative leave by Human Resources for the same reasons described above. Human Resources鈥� decision to do so is final and is not subject to review.    

搂 13.00  Formal Complaint of Sexual Misconduct

搂 13.01  Definition 

A 鈥淔ormal Complaint鈥� is a document submitted by a Complainant or initiated by the University Title IX Coordinator, alleging Sexual Misconduct against a Respondent and requesting that the University address the alleged matter.  The formal complaint must be submitted to the University Title IX Coordinator in person, by mail, email, or through an online portal provided for this purpose by the University, with a physical or digital signature or otherwise indicating that the Complainant is the person filing the formal complaint. 

To retain a Complainant鈥檚 agency over when their report leads to a formal grievance process, a Complainant must file a Formal Complaint before the University proceeds with either an investigation or Informal Resolution process for any allegation of Sexual Misconduct 

搂 13.02  University-Initiated Formal Complaints

In rare circumstances, the University Title IX Coordinator may determine that an investigation is necessary despite a Complainant's wishes, out of concern for the welfare and safety of the Complainant and the community (for example, to pursue a grievance process against a potential serial sexual perpetrator). If so, the University Title IX Coordinator will sign a Formal Complaint; however, the University Title IX Coordinator is not a Complainant or a party during the grievance process.

搂 13.02.01  When weighing a Complainant鈥檚 request that their identity remains confidential and/or that no investigation or discipline be pursued, the University Title IX Coordinator will consider a range of factors, including the following:

1. The effect that non-participation by the Complainant may have on the availability of evidence and the University鈥檚 ability to pursue the formal grievance process fairly and effectively;
2. Whether there have been other Sexual Misconduct complaints about the same Respondent;
3. Whether the Respondent has a history of arrests or records from a prior school indicating a history of violence;
4. Whether the Sexual Misconduct was perpetrated with a weapon, physical restraints, or engaged in battery;
5. Whether the Respondent threatened further Sexual Misconduct or other violence against the individual or others;
6. Whether the Sexual Misconduct was committed by multiple Respondents;
7. Whether the Respondent is a faculty, staff member, volunteer, or advisor with oversight of students;
8. Whether there is a power imbalance between the Complainant and Respondent;
9. Whether the Complainant believes that they will be less safe if the Complainant鈥檚 name is disclosed or an investigation is conducted;
10. Whether the Complainant is a minor; and/or
11. Whether the report reveals a pattern of perpetration (e.g., via illicit use of drugs or alcohol) at a given location or by a particular group.

The presence of one or more of these factors may lead the University to sign a Formal Complaint without the Complainant鈥檚 participation and initiate its formal grievance process under this Policy. If none of these factors are present, the University Title IX Coordinator will normally honor the Complainant鈥檚 decision not to file a Formal Complaint.

搂 13.02.02  The decision to initiate a Formal Complaint in situations where the Complainant does not want an investigation, or where the Complainant intends not to participate, will be made thoughtfully and intentionally, taking into account the circumstances of the situation, including the reasons why the Complainant wants or does not want the University to investigate. If the University Title IX Coordinator determines that a Formal Complaint is necessary despite the wishes of a Complainant, the University will inform the Complainant prior to initiating an investigation and will offer Supportive Measures and Informal Resolution options when appropriate. Complainants who elect to take no action can change that decision if they decide to pursue a Formal Complaint. See Appendix D: Time Limits on Reporting. 

搂 13.02.03  When the University initiates a Formal Complaint, the Complainant (or their Advisor of Choice) may choose to participate in the grievance process to the extent they wish. The Complainant retains all rights afforded to a Complainant under this Policy regardless of their level of participation. If a Complainant indicates, through words or conduct, that they do not wish to participate in the grievance process, the University may continue the grievance process based on the information available to it while continuing to provide the Complainant with all notices, opportunities, and rights required under this Policy. If the Complainant later decides to participate or exercise any rights available under this Policy, they should notify the Title IX Coordinator.

A Complainant who does not wish to receive communications from the Title IX Coordinator other than those required to administer this Policy or to comply with applicable law may submit such a request in writing. The University will make reasonable efforts to honor such requests while continuing to provide any notices or communications required by this Policy or applicable law.

The University's ability to investigate and respond may be limited if the Complainant declines to participate or requests that their identity remain confidential. The University will make reasonable efforts to respect the Complainant's preferences while balancing its obligation to provide a safe and nondiscriminatory educational environment and to comply with applicable law.

搂 14.00  Informal Resolution Process

搂 14.01  Overview and Purpose

Informal resolution is a voluntary process that provides an opportunity to address concerns and reach a resolution without going through a formal investigation, hearing, or determination of responsibility. With the assistance of a trained, impartial facilitator, the parties may explore mutually acceptable terms for resolving the matter. This normally occurs asynchronously and in writing. See Appendix F for information on proposing terms to resolve the matter. 

搂 14.02  Eligibility and Appropriateness of Informal Resolution

An Informal Resolution process will not generally be offered to resolve a Formal Complaint brought by a student alleging Sexual Misconduct by a University employee.  As determined by the University Title IX Coordinator in consultation with other departments as necessary, Informal Resolution may be appropriate to resolve allegations of Sex-Based Discrimination as well as Sexual Misconduct between non-students. Informal Resolution will not be used to resolve allegations of Sexual Violence as defined under state law and this Policy.

搂 14.03  Initiating Informal Resolution

Before initiating an Informal Resolution process, a Complainant must submit a Formal Complaint.  If a Complainant or Respondent wishes to initiate an Informal Resolution either upon the submission of a Formal Complaint or after an investigative process is underway, they should contact the University Title IX Coordinator to make this request.

All parties must consent to the use of Informal Resolution.  The University Title IX Coordinator, in their sole discretion, determines whether the Informal Resolution process will be used in a matter. The University Title IX Coordinator may appoint a facilitator with appropriate training in Title IX and Informal Resolution processes to work with both parties toward a resolution.

搂 14.04  Participation Requirements and Voluntary Nature

It is not necessary to pursue Informal Resolution before initiating a formal grievance process, and any party participating in Informal Resolution may stop the process at any time before reaching a resolution and begin or resume the formal grievance process.

 Prior to implementing Informal Resolution, the University Title IX Coordinator will provide the parties with written notice of the allegations, an explanation of the Informal Resolution process, and information regarding how the matter will be documented, including what records will be maintained, where they are retained, and who may have access to them. The University will obtain voluntary written confirmation from all parties that they wish to resolve the matter through Informal Resolution before proceeding, and will not pressure the parties to participate in an Informal Resolution.

搂 14.05  Timeline and Process Administration

The Informal Resolution process timeline can vary, but it can take 60 business days to reach a resolution; typically, they are resolved earlier. The University will make a good faith effort to complete the Informal Resolution process as promptly as circumstances permit and will update the parties on the reason and timing of any delay.  Also see Appendix D:  Promptness, Time Frames, and Time Limits

搂 14.06  Resolution Agreements and Finality

The Informal Resolution Agreement is not subject to appeal once all parties indicate their written agreement to all terms of the Informal Resolution. After the written agreement is signed by both parties, the formal grievance process is no longer available concerning the allegations raised in the Formal Complaint. When the parties cannot agree on all terms of resolution, the formal grievance process will resume at the same point where it was paused. 

搂 14.07  Confidentiality and Use of Information

Information disclosed during the Informal Resolution process that is not already in the record (e.g., in the Formal Complaint or from any investigation or hearing conducted before the Informal Resolution process starts) is confidential and cannot be used in the formal grievance process that resumes after the Informal Resolution process is terminated.

搂 14.08  Implementation and Enforcement of Resolution

When an Informal Resolution is accomplished, the appropriate responsive actions and/or mutually agreed-upon terms are promptly implemented to effectively stop the harassment or discrimination, prevent its recurrence, and remedy the effects of the misconduct on both the Complainant and the community. The University Title IX Coordinator maintains records of any resolution that is reached, and failure to abide by the resolution agreement may result in appropriate responsive and/or disciplinary actions.

搂 15.00  Formal Grievance Procedures Overview

The 鈥渇ormal grievance process鈥� refers to this Policy鈥檚 structured process for investigating and resolving a Formal Complaint. A Formal Complaint of Sexual Misconduct submitted by a Complainant (or the University Title IX Coordinator) will be initially assessed by the University Title IX Coordinator and thereafter processed as either a Title IX Sexual Harassment matter or a Non-Title IX matter of Sexual Misconduct, and unless Informal Resolution begins, the University will initiate an investigation.  

The investigation and adjudication of conduct prohibited by this Policy under this formal grievance process is not an adversarial process between the Complainant, the Respondent, and the Witnesses, but rather a process for institutions to comply with their obligations under existing law. The Complainant does not have the burden to prove, nor does the Respondent have the burden to disprove, the underlying allegation or allegations of behavior prohibited by this Policy.

Following the investigation, if the matter proceeds as a Title IX Sexual Harassment matter, a hearing must be held after the investigation is completed.  

When a Non-Title IX Sexual Misconduct matter is addressed under this Policy, the University Title IX Coordinator may decide to have the matter investigated, but after the investigation concludes, the Assistant Dean for Community Standards or designee will review the final report and determine if there is sufficient evidence to conduct a hearing under this Policy or if the matter will be referred to another appropriate University department for review and a possible hearing under a different University policy.

Additionally, if at any point prior to the hearing the University Title IX Coordinator determines that a Formal Complaint originally designated as Title IX Sexual Harassment no longer meets the criteria for that designation, the Title IX Coordinator will dismiss the matter from the Title IX Sexual Harassment process and either process it under this Policy as a non-Title IX matter of Sexual Misconduct or will refer the matter to another appropriate University department for review and a possible hearing under a different University policy.  

After a hearing, the decision maker(s) will make factual findings, determine responsibility regarding the Sexual Misconduct allegation(s), determine whether the allegation(s) violate this Policy, and send a letter of determination to both parties.  Either party may appeal the decision to a designated University Appeal Officer who was not involved in the investigation or hearing process. The Appeal Officer鈥檚 decision is final. The University Title IX Coordinator will continue to work with both parties throughout this process, providing Supportive Measures and, if the Respondent is found responsible, coordinating with the Office of Community Standards or Human Resources, as appropriate, regarding the implementation of sanctions and remedies to help restore access to the University鈥檚 educational programs and activities as appropriate.

搂 16.00  Title IX Assessment and Written Notice of Allegations

搂 16.01  Assessment Process Overview

After receiving a report of Sexual Misconduct and when a formal complaint has been filed by a Complainant, the University Title IX Coordinator will assess and determine whether the alleged Sexual Misconduct falls within the scope of Title IX Sexual Harassment federal regulations.  Regardless of whether allegations of Sexual Misconduct fall under Title IX Sexual Harassment or this broader Policy, the University is committed to a fair, accurate, consistent, transparent, and prompt response to any allegation of Sexual Misconduct.

搂 16.01.01  Dismissed as a Title IX Sexual Harassment matter

If a Formal Complaint is determined not to fall within the scope of the Title IX Sexual Harassment regulations, it must be 鈥渄ismissed as a Title IX Sexual Harassment matter.鈥� Dismissal from the Title IX Sexual Harassment process is not the same as a final resolution of the matter. This dismissal does not mean the University will not take action; rather, it allows the University to address the matter as it deems appropriate.   Pursuant to 搂 5.00  Jurisdiction of the Policy, the University must dismiss a Formal Complaint, or any allegations therein, for purposes of the Title IX Sexual Harassment process if, at any time during the investigation or hearing, it is determined that:

1. The alleged conduct, even if proven, would not constitute Title IX Sexual Harassment as defined in this Policy; see 搂 2.00, Policy-Related Definitions and Terminology.
2. The alleged conduct did not occur in the University鈥檚 education program or activity, meaning locations, events, or circumstances over which the University exercised substantial control over both the Respondent and the context in which the conduct occurred, including buildings or property controlled by officially recognized student organizations;
3. The alleged conduct did not occur against a person in the United States; or
4. At the time of filing the formal complaint, the Complainant was not participating in or attempting to participate in the University鈥檚 educational program or activity.

Additionally, under the 2020 Title IX regulations, the University may dismiss a Formal Complaint (or any allegations therein) as a Title IX Sexual Harassment matter if, at any time during the investigation or hearing:

1. A Complainant notifies the University Title IX Coordinator in writing that the Complainant would like to withdraw the Formal Complaint as a Title IX Sexual Harassment matter or any allegations therein (a Complainant who decides to withdraw a complaint may later request to reinstate it or refile it); or
2. The Respondent is no longer enrolled in or employed by the University; or
3. Specific circumstances prevent the University from gathering sufficient evidence to reach a determination regarding the Formal Complaint or the allegations therein.

If a Formal Complaint is being dismissed because it is not being handled as a Title IX Sexual Harassment matter, it may still be processed under this Policy as Sexual Misconduct that is not defined as Title IX Sexual Harassment, or it may be referred to another policy, as required by or informed by state law and University policies. It may also be dismissed completely if it is not being handled as a Title IX Sexual Harassment matter and, even if true, would not meet any other definitions of prohibited conduct under this Policy.

Upon any dismissal of the Formal Complaint as a Title IX Sexual Harassment matter, or any modification to the jurisdictional determination (Title IX Sexual Harassment or another form of Sexual Misconduct), the University Title IX Coordinator will promptly send written notice of the dismissal or modification, along with the rationale for doing so, to the parties at the same time. In some cases, the dismissal may only be a procedural requirement under the Title IX Sexual Harassment regulations because the 2020 Title IX regulations also allow鈥揳nd state law requires鈥搕he University to still address the allegations. Therefore, the University Title IX Coordinator will indicate in the written notice whether the University will continue with the investigation, and where applicable, the Office of Community Standards or Human Resources designee will determine if there is sufficient information to proceed to a hearing under this Policy as a matter of Sexual Misconduct not defined as Title IX Sexual Harassment.

When a  Formal Complaint is dismissed as a Title IX Sexual Harassment matter or otherwise modified after the Title IX Sexual Harassment assessment, that  decision may be  appealed within seven calendar days of the issuance date of the written notice to the Office of the Provost (email provost@pepperdine.edu) on any of the following bases:

1. Procedural irregularity that affected the outcome of the matter;
2. New evidence that was not reasonably available at the time the dismissal was made which could affect the outcome of the matter; or
3. The University Title IX Coordinator had a conflict of interest or bias for or against Complainants or Respondents generally or the individual Complainant or Respondent that affected the decision to dismiss or modify the matter under Title IX Sexual Harassment regulations.

The University will notify the other party in writing when an appeal is filed and will provide a copy of the appeal to the non-appealing party within 2 business days of the receipt of the appeal. Appeal procedures will be implemented equally for both parties, including the opportunity to submit a written statement in support of or challenging the dismissal decision. Any submissions from a party will be shared with the other party. The non-appealing party may respond to the appeal but is not required to do so. The University will issue a written decision describing the result of the appeal and the rationale for the result, which will be provided simultaneously to both parties. The appeal process typically takes 15 business days from the time the appeal is submitted by either party. The Office of the Provost will make a good-faith effort to complete the appeal process as promptly as circumstances permit and will update the parties on the timing and reasons for any delay. Also see Appendix E: Promptness, Time Frames, and Time Limits.

搂 16.02  Written Notice of the Allegations

Upon receipt or issuance of a Formal Complaint, the University Title IX Coordinator will provide the Complainant and Respondent (or the parties who are known at the time) a written notice that includes:

1. Notice of the University鈥檚 formal grievance process and Informal Resolution process.
2. Notice of the allegations of Sexual Misconduct (see Definitions), including sufficient details known at the time and with sufficient time to prepare for the initial investigatory interview (typically two calendar days).
3. Sufficient details include the identities of the parties involved in the incident, if known, the conduct allegedly constituting Sexual Misconduct, and the date and location of the alleged incident, if known.
   A statement that the Respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility is made at the conclusion of the grievance process.
4. A statement that the parties may have an Advisor of their choice, who may be, but is not required to be, an attorney, and may inspect and review evidence as described in the Formal Investigation section below.
5. A reference to the provision in this Policy that prohibits knowingly making false statements or knowingly submitting false information during the grievance process.
6. A statement about the University鈥檚 policy on Retaliation.
7. Information on how parties may request disability accommodations during the formal grievance (including investigation and hearing) and Informal Resolution processes.
8. If, in the course of an investigation, the University decides to investigate allegations regarding the Respondent that are not included in the original written notice, the University will provide notice of the additional allegations to the parties whose identities are known.

The written notice will be delivered by one or more of the following methods: emailed to the parties鈥� University email or designated accounts, in person, or mailed to the local or permanent address(es) of the parties as indicated in official University records.

搂 17.00   Formal Investigation Procedures

As noted above, before an investigation begins, both parties will receive a written statement of the allegations with sufficient time (typically two calendar days) to prepare before meeting with a trained, professional investigator, normally in the Department of Public Safety (DPS) or another internal or external investigator as designated by the University Title IX Coordinator. The purpose of the investigation is to collect the relevant evidence with the equitable participation of both parties. After the investigation is complete, a draft investigation report is sent to both parties, as set forth below. The investigation report makes no determination about the allegations. Both parties have the opportunity to respond in writing to the evidence related to the allegations collected by the investigator(s), and then again to the final investigation report. 

搂 17.01  Authority and Responsibility

Investigations are conducted by trained professional investigators, typically within the Department of Public Safety (DPS). In some cases, the University may choose to utilize the services of an outside investigator to conduct the investigation, which will follow the procedures below and be overseen by the University Title IX Coordinator.

搂 17.02  Investigation Timeline

Investigations are completed expeditiously, typically within 90 business days (approximately 4.5 months), though some may take longer depending on the nature, extent, and complexity of the allegations, the availability and number of Witnesses, law enforcement involvement, etc. If there is a delay, the University will communicate in writing to the parties the anticipated duration of the delay and the reason. Investigations are normally not delayed, altered, or precluded on the grounds that civil or criminal charges involving the underlying incident(s) have been filed, or that criminal charges have been dismissed or reduced. The University will make a good faith effort to complete investigations as promptly as circumstances permit and will communicate regularly with the parties to update them on the progress and timing of the investigation, including the reason for any delay. The University will not unreasonably deny a student party鈥檚 request for an extension of a deadline related to a complaint during periods of examinations or school closures. Also see Appendix D:  Promptness, Time Frames, and Time Limits

搂 17.03  Participation Expectations of the Complainant and Respondent

To comply with the typical investigation timeframe, it is imperative that both the Complainant and Respondent be responsive to outreach from University personnel. To support this outcome, a reasonable timeframe for responding to University personnel is within two business days. If a Complainant is unresponsive, the University Title IX Coordinator has discretion to determine next steps, including closing the matter. If the Respondent is unresponsive, the University Title IX Coordinator may proceed with the formal grievance process using available information without the Respondent's participation. Both parties can expect to receive follow-up communications to support their participation and the University鈥檚 efforts to address an alleged matter.

搂 17.04  Participation of Witnesses in the Investigation

Normally, interviews for parties and all Witnesses are conducted in person; however, circumstances (e.g., study abroad, summer break) may require individuals to be interviewed remotely. In exceptional circumstances, Witnesses may also provide written statements in lieu of interviews, if deemed appropriate by the investigator(s). In Title IX Sexual Harassment matters only, if a Witness submits a written statement, but is not present to testify at a subsequent hearing, their written statement may not be able to be used as evidence, if (1) the Respondent is a student; (2) the Respondent is facing significant disciplinary sanctions; (3) it is necessary to evaluate the credibility of the Witness.

搂 17.05  Recording of Interviews

No unauthorized audio or video recording or transcription of any kind is permitted during investigation meetings. At the investigator鈥檚 discretion, the investigator may audio- and/or video-record interviews with the Parties and/or the Witnesses, and any interviewees involved will be made aware of such recording. Recordings or transcriptions of investigation meetings will not be shared with any involved party (Complainant, Respondent, Advisor, or Witnesses); however, a summary of any relevant evidence obtained in an investigation interview that is directly related to the allegations raised in the formal complaint will be shared in writing with the Complainant and Respondent and their Advisors as described below in the investigation process.

搂 17.06  Investigation Process

When investigating a Formal Complaint, 国產aⅴa麻豆will:

1. Ensure that the burden of proof and the burden of gathering evidence sufficient to reach a determination regarding responsibility rests on the University and not on the parties.
2. The University cannot access, consider, disclose, or otherwise use a party鈥檚 records that are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in the professional鈥檚 or paraprofessional鈥檚 capacity, or assisting in that capacity, and which are made and maintained in connection with the provision of treatment to the party, unless the University obtains that party鈥檚 voluntary, written consent to do so for the grievance process under this Policy.
3. Provide an equal opportunity for the parties to present Witnesses and other inculpatory and exculpatory evidence. Inculpatory evidence tends to incriminate or place responsibility on someone, and exculpatory evidence tends to show a person's innocence.
4. Not restrict either party's ability to discuss the allegations under investigation or to gather and present relevant evidence.
5. Provide a party with written notice of the date, time, location, participants, and purpose of all investigative interviews, with sufficient time (typically two calendar days) for the party to prepare to participate.
6. Provide the parties with the same opportunity to have an Advisor of choice present at any investigation meeting or proceeding.  Parties are expected to notify the investigator(s) and/or the University Title IX Coordinator of their Advisor's identity at least two (2) business days before the party鈥檚 first meeting with investigators, or as soon as practicable if circumstances require an expedited meeting. The Advisor cannot speak for the parties during the interview. The role of the Advisor is to accompany the parties and advise them privately. Also see 搂 10.00 Right to an Advisor
7. Provide a review process as follows:
   1. Evidence Review: The University will provide both parties an equal opportunity to inspect and review any evidence obtained as part of the investigation that is directly related to the allegations raised in a formal complaint, including the evidence upon which the University does not intend to rely on in reaching a determination regarding responsibility and inculpatory or exculpatory evidence whether obtained from a party or other source, so that each party can meaningfully respond to the evidence prior to conclusion of the investigation. The University will send to each party and the party鈥檚 Advisor, if any, the evidence subject to inspection and review in an electronic format. In order to protect confidential information, the investigator will redact or remove information that is not directly related to the allegations (or that is otherwise barred from use under the Title IX 2020 regulations, such as information protected by a legally recognized privilege, or a party鈥檚 treatment records if the party has not given written consent) before sending the evidence to the parties for inspection and review. The evidence will be emailed to the parties鈥� University email account and the Advisors鈥� (if any) email account provided to the University by the parties.
   2. Evidence Response: The evidence review and response period begins on the date that the University emails the parties with the evidence. The parties will have 10 calendar days to submit a written response to the evidence, which the investigator will consider prior to completing the final investigative report. The parties may elect to waive the full review period. Both parties may provide additional evidence in their response.
   3. Sharing of Response: Each party鈥檚 written response to the evidence, if submitted, will be shared with the other party within 2 business days of the submission deadline. No rebuttal is permitted unless approved by the investigator(s).
   4. Use of Response in Final Investigation Report: Upon receipt of the parties鈥� written responses, the investigator(s) will incorporate relevant elements into the final investigation report, include any additional relevant evidence, and make any necessary revisions.
   5. Review of Final Investigation Report: The investigator(s) shall prepare a final investigation report that describes the procedural steps taken during the investigation and fairly summarizes the relevant evidence. (For Non-Title IX Sexual Misconduct matters, the University reserves the right to have the report contain just the factual findings.) The report will be sent to each party and the party鈥檚 Advisor, if any, in electronic format for their review at least 10 days prior to a hearing. Any notice of hearing shall account for this review period.
   6. Response to Final Investigation Report: The parties will have ten calendar days to submit a written response to the Final Investigation Report. The parties may elect to waive the full ten calendar days. Both parties may provide additional evidence in their response. Each party鈥檚 written response, if submitted, will be shared with the other party prior to the hearing. Parties will have the opportunity to respond to any new evidence at the hearing in cases involving a hearing.
   7. Evidence at Hearing: The University will make all evidence subject to the parties鈥� inspection and review, including any written responses, available at a hearing (if any) following the investigation to give each party equal opportunity to refer to such evidence during the hearing, including for purposes of cross-examination in matters processed under the Title IX regulations.

搂 17.07  Evidentiary Considerations in the Investigation

The investigation does not consider:

1. incidents not directly related to the possible violation, unless they are considered relevant because, for example, they evidence a pattern; or
2. evidence about the Complainant鈥檚 sexual predisposition or prior sexual behavior, unless such evidence about the Complainant鈥檚 prior sexual behavior are offered to prove that someone other than the Respondent committed the conduct alleged by the Complainant; or
3. the existence of a dating relationship or prior or subsequent consensual sexual relations between the Complainant and the Respondent unless the evidence is relevant to how the parties communicated consent in prior or subsequent consensual sexual relations.

搂 17.08  Sexual Misconduct Claims that are not Title IX Sexual Harassment

For allegations of Sexual Misconduct that fall outside the jurisdiction of Title IX regulations, the University Title IX Coordinator, in collaboration with the investigator(s), reserves the right to modify the investigation procedures, including, but not limited to, timelines. For example, with notice to the parties, the University may reduce the number of days available to the parties to review the related evidence and the final investigation report if it is determined that doing so may help achieve a prompt resolution without compromising a thorough, reliable, impartial, and fair process for both parties. 

搂 18.00   Hearing Procedures

搂 18.01  Overview

In a Title IX Sexual Harassment matter, after the final investigation report is shared with the parties, the University Title IX Coordinator will (1) refer the matter for a live hearing; or (2) dismiss the matter if all of the allegations, even if true, would not constitute a violation of this Policy. Except for Title IX Sexual Harassment allegations, the University Title IX Coordinator may also refer all or part of the matter to another University policy if that policy addresses the alleged behavior.

In a Non-Title IX Sexual Misconduct matter, the Assistant Dean of Community Standards or designee will review the final investigation report and determine if there is sufficient evidence to conduct a hearing under this Policy or if the matter will be referred to another appropriate University department for review and a possible hearing under a different University policy.

If the matter is referred to a hearing, the next step is to schedule a virtual hearing with both parties, their Advisors, and any relevant Witnesses. The hearing takes place over Zoom or an equivalent video conferencing program.  The purpose of a Title IX Sexual Harassment hearing is to provide a live, fair, and impartial process in which the decision-maker(s) evaluates all relevant evidence, including through cross-examination conducted by the parties鈥� advisors, to make a determination of responsibility. In non-Title IX Sexual Misconduct matters, the hearing (if applicable) serves a similar decision-making function but does not include advisor-conducted cross-examination.

At the discretion of the Hearing Officer, in consultation with the University Title IX Coordinator, the hearing may be conducted by one decision-maker (an administrative hearing) or by three decision-makers (a hearing panel). A hearing panel will include two University faculty or staff members, a designated chair, and a mix of male and female members, and will not include students. In some cases, the University may choose to utilize the services of an outside Hearing Officer to conduct the hearing, which will follow the procedures below and will be overseen by the University Title IX Coordinator.

All hearings will be conducted via video conferencing, allowing all parties, Witnesses, and other participants to simultaneously see and hear the party or Witness answering questions or addressing the Hearing Officer.  At the request of either party, the Hearing Officer will arrange for the live hearing to occur with the parties in separate video conference rooms or a technological equivalent, with technology enabling the decision-maker(s) and the parties to simultaneously see and hear the party or witness answering questions.

Other than as outlined below, hearings need not adhere to formal rules of procedure or evidence followed by courts of law.

In Non-Title IX Sexual Misconduct matters, the Hearing Officer reserves the right to modify hearing procedures, with notice to the parties, in accordance with state law. 

搂 18.02  Authority and Responsibility

The term 鈥淗earing Officer鈥� is used throughout these hearing procedures to refer to either: 1) the chair of the hearing panel (three decision makers); or 2) the person who is the single decision maker of the administrative hearing.

When the Respondent is a student, the Office of Community Standards is responsible for the hearing, which is normally conducted by the Assistant Dean of Community Standards or designee. When a hearing panel of three decision-makers is convened, the dean of students serves as the chair and is one of the three decision-makers. If the assistant dean conducts an administrative hearing, the assistant dean serves as the sole decision-maker. In this Policy, the dean of students or designee is referenced as the Hearing Officer for both administrative hearings and hearing panels.

When the Respondent is a 国產aⅴa麻豆employee, Human Resources (HR) is responsible for conducting the hearing with a trained decision maker(s). When an administrative hearing is conducted, Human Resources will appoint one decision maker who serves as the Hearing Officer. When a hearing panel is used, Human Resources will appoint three decision maker(s), including one designated chair, who is referenced in this Policy as the Hearing Officer.

At the hearing, the decision maker(s) has the authority to hear and make determinations on all allegations of Sexual Misconduct and/or Retaliation and may also hear and make determinations on any additional alleged policy violations by the Respondent that have occurred in connection with the Sexual Misconduct allegations (e.g., violations by the Respondent of the Alcohol and Other Drug Use Policy, violations of the No Contact Directive, etc.). The Hearing Officer may designate a staff member to serve as the hearing facilitator, which includes, for example, scheduling the hearing, distributing materials to participants, ensuring that the virtual conferencing and recording technology is working as intended, and coordinating the flow of Witnesses and other participants in and out of the video conferencing as appropriate. The University will provide a transcript of the hearing to the parties for inspection and review upon request.

搂 18.03  Hearing Timeline

The hearing cannot be held less than 10 calendar days after the Final Investigation Report is transmitted to the parties. Typically, the hearing will be scheduled at least 10 days after the deadline to respond to the Final Investigation Report. However, all parties (the Complainant and the Respondent) and the decision maker may agree to an expedited timeline. Hearings may be conducted prior to, simultaneously with, or following criminal or civil proceedings. After the hearing concludes, a written letter of determination is normally sent to both parties within three business days. The time frame from the notice of the hearing to the written letter of determination is typically 15 business days. 

When employee Respondents are involved, and sanctions are recommended by the decision maker(s), additional time may be necessary for a sanction review by the appropriate supervisor or faculty body. The Hearing Officer will make a good-faith effort to complete the hearing process as promptly as circumstances permit and will update the parties on the reason and timing of any delay in the hearing or in the written letter of determination. The Hearing Officer will not unreasonably deny a student party鈥檚 request for an extension of a hearing-related deadline during periods of examinations or school closures. Also see Appendix E: Promptness, Time Frames, and Time Limits.

搂 18.04  Notice of Hearing (For Cases Involving Hearings)

No less than ten calendar days prior to a hearing, the Hearing Officer will simultaneously send notice of the hearing to the parties鈥� University email account. The notice will contain:

1. A description of the alleged violation(s) and a list of all policies allegedly violated.
2. The time and date of the hearing and a reminder that attendance is mandatory, superseding all other University activities.
3. A description of the video conferencing technology that will be used to facilitate the hearing with the parties in separate locations and to enable the decision-maker(s) and parties to see and hear a party or Witness answering questions or addressing the Hearing Officer.
4. A list of the decision-maker (s), parties, and any Advisors who will attend the hearing, along with an invitation to object to any decision-maker on the basis of demonstrated bias. This must be raised in writing with the Hearing Officer (regarding hearing panel members) or the University Title IX Coordinator (regarding the Hearing Officer) at least seven calendar days prior to the hearing.
5. A copy of all materials provided to the decision-maker(s) regarding the matter, unless they have already been provided. This includes, for example, the final investigation report, the parties鈥� written responses to the report (if submitted), and any relevant materials that the Hearing Officer has approved for review at the hearing.
6. An invitation to each party to identify any relevant Witnesses in the final investigation report and to specify whether each individual鈥檚:
   1. Testimony is requested at the hearing; or
   2. Testimony is sufficient in the report and does not need to present live testimony or submit to cross-examination questions by the party鈥檚 Advisor at the hearing.
7. If applicable, an invitation to each party to submit the questions they intend their Advisor to ask the other party or Witnesses at the hearing, so that the Hearing Officer can rule on their relevance in advance, avoid delays in the hearing, and provide recommendations for more appropriate phrasing. Parties will also be given the opportunity to submit questions during the live hearing. Only hearings conducted under the Title IX regulations will use direct cross-examination by an Advisor. All other hearings may use indirect cross-examination through the Hearing Officer. Also see 搂7.08 and 搂7.09.
8. An invitation to contact the Office of Student Accessibility (students) or Human Resources (employees) to arrange any disability accommodations or interpretation services that may be needed at the hearing, at least seven calendar days prior to the hearing.

搂  18.05  Witnesses

Witnesses will be called to provide testimony at the hearing if requested by the decision maker(s), the parties, or their respective Advisors.  The Hearing Officer has the authority to call any witness deemed to have relevant, permissible information. The Hearing Officer will schedule critical Witnesses to appear for a portion of the live hearing to present testimony and respond to questions from the decision maker(s) and the parties, after which they will be excused.   

The Hearing Officer may determine that it is not necessary to require the Witness to attend the hearing, and the decision maker(s) will rely upon the Witness鈥� testimony in the final investigation report in making its determination of responsibility.  In Title IX Sexual Harassment matters, this is determined when both parties agree, and the credibility or live testimony of the Witness is not critical to adjudicating the allegations.  In Non-Title IX matters of Sexual Misconduct, the Hearing Officer determines this at their discretion.

If a Witness fails or refuses to attend the live hearing, the Hearing Officer may still consider the Witness's prior statements within the final investigation report, and no negative inference shall be drawn solely from the Witness's absence. 

搂 18.06  Evidentiary Considerations in the Hearing

Generally, the parties may not introduce evidence, including witness testimony, at the hearing that the party did not identify during the investigation and that was available at the time of the investigation. However, the Hearing Officer has discretion to accept for good cause, or exclude, such new evidence offered at the hearing. If the Hearing Officer does not allow the admission of the new evidence, the Hearing Officer may delay the hearing and instruct that the investigation be reopened to consider that evidence. 

Any evidence that the decision maker(s) determine to be relevant and credible may be considered. The decision maker(s) does not consider incidents not directly related to the possible violation, unless they are considered relevant because, for example, they evidence a pattern.

In matters that have been designated as Title IX Sexual Harassment matters, as required by the 2020 Title IX regulations, the decision maker(s) does not consider:

1. questions and evidence about the Complainant鈥檚 sexual predisposition or prior sexual behavior, unless such questions and evidence about the Complainant鈥檚 prior sexual behavior are offered to prove that someone other than the Respondent committed the conduct alleged by the Complainant, or
2. the past sexual history of a Complainant unless the questions and evidence concern specific incidents of the Complainant鈥檚 prior sexual behavior with respect to the Respondent and are offered to prove consent.

In Non-Title IX Sexual Misconduct matters, the decision-maker(s) do not consider the past sexual history of a Complainant or Respondent, subject to certain exceptions. As required by state law, the decision-maker(s) do not consider:

1. prior or subsequent sexual history between the Complainant and anyone other than the Respondent for any reason unless directly relevant to prove that physical injuries alleged to have been inflicted by the Respondent were inflicted by another individual, or
2. the existence of a dating relationship or prior or subsequent consensual sexual relations between the Complainant and the Respondent unless the evidence is relevant to how the parties communicated consent in prior or subsequent consensual sexual relations.
3. Where the decision maker(s) allows consideration of evidence about a dating relationship or prior or subsequent consensual sexual relations between the Complainant and the Respondent, the mere fact that the Complainant and Respondent engaged in other consensual sexual relations with one another is never sufficient, by itself, to establish that the conduct in question was consensual.

Before allowing consideration of any evidence of past sexual history, the decision maker(s) shall provide the parties with a written explanation of why such consideration is consistent with this Policy.

Any prior disciplinary action involving the Respondent may be considered in determining an appropriate sanction upon a determination of responsibility. This information is considered only at the sanction stage of the process, during deliberation by the decision maker(s) following the live hearing with the parties.

搂 18.07 Other Hearing Procedures

1. The Hearing Officer will answer all procedural questions raised before or during a hearing.
2. When using a hearing panel, the Hearing Officer will provide the panelists with a list of all parties, Witnesses, and Advisors in advance of the hearing. Any panelist who cannot make an objective determination must recuse themselves from the hearing proceedings.
3. In hearings involving more than one Respondent or in which two or more Complainants have accused the same individual of substantially similar conduct, the default procedure will be to hear the allegations jointly. However, the University Title IX Coordinator, in consultation with the appropriate office(s) (e.g., Department of Public Safety, Human Resources, or the Office of Community Standards), may permit the investigation and/or hearings pertinent to each Respondent to be conducted separately if there is a compelling reason to do so. In joint hearings, separate determinations of responsibility will be made for each Respondent for each alleged Policy violation.
4. The decision maker(s) may not draw any inference solely from a party鈥檚 or Witness鈥檚 absence from the hearing, or from a refusal to answer cross-examination or other questions.
5. The University will make all evidence subject to the parties鈥� inspection and review, including any written responses, available at the hearing (generally via the same prehearing electronic format or tool used to provide access for review) to give each party equal opportunity to refer to such evidence during the hearing, including for purposes of cross-examination. Parties may confer with their Advisor during the hearing, but if a party repeatedly confers with the Advisor every time a question is asked, the Hearing Officer may inform the party that such conduct will be considered when weighing the party鈥檚 credibility. Also, the Hearing Officer reserves the right to limit the timing and length of breaks requested by parties to confer with Advisors, and any such conferring must be in private so as not to disturb the hearing or be overheard by other participants.
6. If, during the course of the hearing, additional policy violations are discovered, the Respondent will be notified of the new alleged violation(s) and will be granted additional time, if needed, for an investigation to be conducted and/or to prepare a defense of the new alleged violation(s). The Respondent may waive an investigation into the new alleged violation(s) and/or additional time to prepare a defense, and the hearing may proceed with the new alleged violation(s) taken into consideration by the decision maker(s). A record will be made of the additional alleged violation(s) and whether the Respondent waived or requested an investigation and/or additional preparation time.
7. The University will provide a transcript of the hearing to both parties upon request for purposes of review in the event of an appeal. The parties may not record the hearing, and no other unauthorized recordings are permitted.

搂 18.08  Procedures for Questioning in All Matters

All questioning must follow the hearing procedures and the University鈥檚 rules of decorum, which prohibit questioning in an abusive, badgering, intimidating, or disrespectful manner.  Questions that are repetitive, irrelevant, or harassing are prohibited. If a party or a party鈥檚 Advisor refuses to comply with these rules of decorum for the hearing, the Hearing Officer may require the party to use a different Advisor. For Title IX matters, if a University-provided Advisor refuses to comply with these rules of decorum, the Hearing Officer may assign that party a different Advisor to conduct cross-examination on that party's behalf.

The parties may submit questions in advance or during the hearing. The procedures for conducting questioning are set forth below. Before a Complainant, Respondent, or Witness answers a question, the Hearing Officer must first determine whether the question is relevant and explain any decision to exclude it as irrelevant. This applies to questions submitted prior to or during the hearing. All questions will be heard by the parties. After the question is heard, the Hearing Officer will pause the hearing to ensure it is relevant before instructing a party or Witness to answer. The parties or Advisors may immediately challenge any Hearing Officer's decision regarding relevance, and the Hearing Officer may pause the hearing and consult with others before making a final ruling on the challenge. Duplicative questions are irrelevant and will not be permitted by either party. The Hearing Officer shall have the authority to discard or rephrase any question that the Hearing Officer deems to be repetitive, irrelevant, or harassing.

搂 18.09  Procedures for Questioning in Title IX Sexual Harassment Matters

The Title IX regulations grant the right of cross-examination through an Advisor equally to Complainants and Respondents in Title IX Sexual Harassment matters. The live hearing cross-examination procedures described in this section apply only to matters designated as Title IX Sexual Harassment under this Policy.

At a hearing on a Title IX Sexual Harassment matter, the Title IX regulations require that the decision maker(s) must permit each party鈥檚 Advisor to cross-examine the other party and any Witnesses. This means that a party鈥檚 Advisor may ask the other party and any Witnesses all relevant questions and follow-up questions, including those challenging credibility. Such cross-examination at the live hearing must be conducted directly, orally, and in real time by the party鈥檚 Advisor and never by a party personally.

Parties are expected to identify their hearing Advisor to the University Title IX Coordinator at least two (2) business days before the hearing, or as soon as practicable if circumstances change.

If a party does not have an Advisor for a hearing, the University will appoint an Advisor solely to conduct any direct cross-examination in a Title IX Sexual Harassment matter. A party may reject this appointment and choose their own Advisor, but a party may not proceed with the hearing without an Advisor. 

If the party鈥檚 Advisor will not conduct direct cross-examination in a Title IX Sexual Harassment matter, the party must notify the Hearing Officer no less than five days before the hearing and the University will appoint an Advisor who will do so, regardless of the participation or non-participation of the advised party in the hearing itself. If a University-appointed Advisor is used by a party to conduct cross-examination, the Advisor's role is to relay any questions the party wishes to ask the other party or Witnesses. The University-appointed Advisor will not develop questions independently on behalf of the party.

搂 18.10  Procedures for Questioning in Non-Title IX Sexual Misconduct Matters

For cases not designated as Title IX Sexual Harassment matters, cross-examination by Advisors does not occur.

In hearings involving matters not designated as Title IX Sexual Harassment, the Hearing Officer shall ask all questions of the parties and Witnesses. The parties may submit questions to the Hearing Officer in advance or during the hearing.

搂 18.11  Hearing Order

The Hearing Officer confirms that all anticipated participants are present at the video conference and invites them to introduce themselves. The introductions will also allow the hearing facilitator to confirm that all participants can see and hear each other.

The Hearing Officer provides an overview of the hearing agenda and a list of the Witnesses (if any), in the order they are scheduled to participate.

The Hearing Officer asks the parties and Witnesses to provide any relevant information beginning with the Complainant and then in the order determined by the Hearing Officer. The decision maker(s) ask questions directly to the parties and Witnesses about their testimony or relevant evidence in the materials provided to the participants in advance of the hearing. The parties and Witnesses will submit to questioning by the decision maker(s) and then by the parties through their Advisors (鈥渃ross-examination鈥�) after the Hearing Officer reviews each question for relevance before it is asked by the Advisors in Title IX Sexual Harassment matters or through the Hearing Officer or decision-maker(s) in all other matters. Witnesses are excused from the hearing following the cross-examination.

The Hearing Officer offers both parties the opportunity to make a brief closing statement (maximum of 5 minutes) to the decision-maker (s). Advisors are not allowed to make opening or closing statements.

搂 18.12  Determination of Responsibility

The decision maker(s) will deliberate in closed session to determine whether the Respondent is responsible for the Policy violation(s). If a hearing panel is used, a simple majority vote is required to determine the finding. The preponderance of the evidence standard of proof is used (whether it is more likely than not that the alleged misconduct occurred, based on the facts available at the time of the decision).

搂 18.12.01  Student Respondent

If a hearing panel is used, the panelists will recommend the appropriate sanction(s) to the Hearing Officer, who will make the final determination on sanctions. The Hearing Officer may consult with the University Title IX Coordinator on any appropriate remedies for the Complainant.  See also Appendix F, Sanctions.

搂 18.12.02  Employee Respondents

If the decision-maker(s) determine that there was a policy violation, they will recommend sanctions against the faculty or staff member. The decision and any sanction recommendations against a staff member will be forwarded to Human Resources for a decision on the recommended sanction(s). The decision and any sanction recommendations against a faculty member will be forwarded to the dean of the faculty member鈥檚 school for a decision on the recommended sanction(s), and any other applicable procedures (e.g., University Tenure Policy) will be followed prior to the sanction becoming final. After receiving the decision on the recommended sanction(s) from Human Resources or the school鈥檚 dean, the Hearing Officer will include the final sanctions in the written letter of determination. The Hearing Officer may consult with the University Title IX Coordinator on any appropriate remedies for the Complainant. See also Appendix F, Sanctions.

搂 18.12.03  Written Letter of Determination

The Hearing Officer will then prepare a written letter of determination. The letter of determination will identify the specific policy(ies) reported to have been violated, and will contain a description of the procedural steps taken by the University from the receipt of the formal complaint through the determination, including any notifications to the parties, interviews with parties and Witnesses, site visits, methods used to gather other evidence, and hearings held. The letter will also specify the finding on each alleged policy violation; the findings of fact that support the determination; conclusions regarding the application of the relevant policy to the facts; a statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility, any disciplinary sanctions the University will impose on the Respondent as a result, and whether remedies designed to restore or preserve equal access to the University鈥檚 education programs or activities will be provided by the University to the Complainant. The remedies are not normally shared with the Respondent unless the remedy directly relates to the Respondent. The University Title IX Coordinator is responsible for implementing any remedies.  Pursuant to California Civil Code section 47, a written determination letter issued to the parties under this Policy that includes a description of disciplinary sanctions constitutes a privileged communication made in an official proceeding authorized by law.  Further, when the Respondent is an employee and the allegations concern Title IX Sexual Harassment or California Senate Bill (SB) 493 Sexual Harassment, the written determination letter also constitutes privileged communications between the employer and interested persons, without malice, regarding a complaint of sexual harassment.

Finally, the letter of determination will include the University鈥檚 procedures and permissible bases for appeal by the Complainant and Respondent. Any sanctions to be imposed directly as a result of the hearing are stayed during the appeal process. To best provide support, parties are encouraged to let the Hearing Officer know immediately if they are appealing so that the sanctions (if any) may be stayed and the appropriate offices may be notified.

This letter of determination will be shared with the parties simultaneously by one or more of the following methods: emailed to the parties鈥� University email or designated accounts, delivered in person, or mailed to the local or permanent address(es) of the parties as indicated in official University records.

The determination regarding responsibility becomes final after the time period to file an appeal has expired, or, if a party files an appeal, after the decision on the appeal has been sent to the parties.

搂 19.00  Appeal Procedures 

Both parties may appeal a determination of responsibility by the decision maker(s) to an Appeal Officer.  An appealing party should send their appeal to the Title IX Coordinator, who will forward the appeal as follows: 

1. For cases involving student Respondents, the appeal will be sent to the Office of Community Standards, which will appoint an Appeal Officer.
2. For cases involving employee Respondents, the appeal will be sent to either:
   1. The Office of Human Resources, which will appoint an Appeal Officer (when the employee Respondent is a staff member); or
   2. The Office of the Provost, which will appoint an Appeal Officer (when the employee Respondent is a faculty member).

The appeal must be submitted in writing via email or an online appeal form to the Title IX Coordinator within seven calendar days of the issuance date of the written letter of determination. Any sanctions imposed as a result of the hearing are stayed during the appeal process.

In the written appeal, the party must specifically address at least one of the following criteria:

1. New evidence not reasonably available at the time the determination regarding responsibility was made, that could affect the outcome of the matter. The appealing party must provide a summary of this new evidence and its impact.
2. Procedural irregularity that affected the outcome of the matter. The appealing party must identify the specific investigative or hearing procedure that was not followed, along with a summary of how it affected the outcome of the matter.
3. Bias or conflict of interest by the University Title IX Coordinator, investigator(s), or decision maker(s) for or against Complainants or Respondents generally or the individual Complainant or Respondent that affected the outcome of the matter. The appealing party must state the basis for this belief and provide any supporting information.
4. Inappropriateness of the sanction for violating the Policy.

The written appeal will be shared with the other party, who may submit a written response within 7 calendar days of the appeal being emailed to the student鈥檚 or employee鈥檚 pepperdine.edu account. This written response will be shared with the other party.

The appeal process typically takes 20 business days from the time the appeal is submitted by either party. The Appeal Officer will make a good-faith effort to complete the appeal process as promptly as circumstances permit and will update the parties on the timing and reasons for any delay. Also see Appendix E: Promptness, Time Frames, and Time Limits.

The Appeal Officer may, but is not required to, convene an advisory committee to assist in making a recommendation regarding the appeal. The Appeal Officer will not be bound by the committee鈥檚 recommendation.

If the Appeal Officer convenes an advisory committee to meet with a party, the party may be assisted at the meeting by an Advisor. The Advisor cannot speak for the party. The role of the Advisor is to accompany the party student and advise them privately during the meeting.

The Appeal Officer may affirm, reverse, or modify the sanction. The Appeal Officer may also return the case to the decision maker(s) for further consideration. The Appeal Officer鈥檚 decision will be final and effective immediately. A letter describing the appeal outcome and the rationale for the decision will be emailed to both parties simultaneously.

搂 19.01  Appeals In Non-Title IX Matters

For allegations of Sexual Misconduct that fall outside the jurisdiction of Title IX (see Title IX and Jurisdiction of the Policy), the Appeal Officer reserves the right to modify the appeal process (e.g., timeframes), as long as both parties are allowed to appeal the outcome and any modifications apply equally to all parties. The Appeal Officer will notify the parties of any modifications to the appeal process before the appeal review.

搂 20.00 Pregnancy and Related Conditions

搂 20.01  Overview and Non-Discrimination

The University prohibits discrimination on the basis of pregnancy, childbirth, false pregnancy, termination of pregnancy (abortion, miscarriage, or stillbirth), lactation, recovery from pregnancy-related conditions, and related medical conditions in its education programs and activities consistent with Title IX and applicable law.

The University is committed to maintaining and restoring educational access for students experiencing pregnancy or related conditions. The purpose of reasonable modifications and Supportive Measures under this section is not to lower academic, clinical, professional, licensing, or conduct standards, but rather to remove unnecessary barriers and provide equal access to the University鈥檚 education programs and activities.

Reasonable modifications and Supportive Measures are intended to maintain or restore equal educational access and generally will be implemented unless doing so would fundamentally alter the essential nature of a course, program, clinical requirement, credentialing standard, licensing requirement, or other essential academic or professional requirement.

The University will not discriminate against or exclude a student from participation in any education program or activity based on pregnancy, related conditions, or parental, family, or marital status.

Retaliation for requesting, receiving, using, declining, or appealing reasonable modifications, accommodations, leave, or other Supportive Measures related to pregnancy or related conditions is prohibited.

Some caregiving, childcare, or parenting-related needs may fall outside the scope of Title IX protections. In appropriate circumstances, students may also be referred to other available University resources, including the Student Care Team or Office of Student Accessibility.

搂 20.02  Student Rights and Reasonable Modifications

Students experiencing pregnancy or related conditions may be entitled to reasonable modifications and Supportive Measures necessary to maintain equal access to the University鈥檚 education programs and activities.

Reasonable modifications and Supportive Measures under this section will be determined through an individualized and interactive process coordinated by the University Title IX Coordinator or designee. The University will consider the student鈥檚 individualized needs, applicable program requirements, and relevant health and safety considerations.

Reasonable modifications and Supportive Measures will be implemented unless doing so would fundamentally alter the essential nature of the education program, activity, course requirement, clinical requirement, credentialing standard, licensing requirement, or other essential academic or professional standard.

搂 20.02.01  Reasonable Modifications and Supportive Measures

Reasonable modifications and Supportive Measures may include, but are not limited to:

1. excused absences deemed medically necessary by the student鈥檚 licensed healthcare provider;
2. flexibility with assignment deadlines or examinations;
3. opportunities to make up missed work;
4. additional restroom, water, or food breaks;
5. temporary modifications to seating or physical classroom arrangements;
6. elevator access or parking adjustments;
7. breaks related to lactation or expressing milk;
8. permission to briefly disable camera participation during remote instruction related to lactation or other pregnancy-related needs;
9. intermittent absences for medical appointments;
10. The University may also consider other reasonable, individualized modifications and Supportive Measures, depending on the student鈥檚 circumstances.

搂 20.02.02  Leave, Absences, and Return to Status

Students may take voluntary leave for pregnancy or related conditions for the period deemed medically necessary by the student鈥檚 licensed healthcare provider.

Pregnancy-related absences deemed medically necessary will be excused. Students will be provided a reasonable opportunity to make up missed coursework, examinations, assignments, participation credits, labs, or other academic requirements where appropriate.

The essential requirements and objectives of a course, program, clinical placement, practicum, licensure requirement, or credentialing requirement may affect the extent to which missed work may be completed or whether certain requirements must ultimately still be satisfied.

Following pregnancy-related leave, students will be reinstated to the same academic and extracurricular status held prior to the leave to the extent required by law.

搂 20.02.03  Documentation and Medical Information

The University will reduce documentation burdens related to pregnancy and related conditions to the extent reasonable and appropriate under the circumstances.

For common and readily apparent needs, such as additional restroom breaks, access to water, seating adjustments, or lactation-related needs, the University may accept a student鈥檚 self-attestation without requiring medical documentation.

When documentation is necessary and reasonable, requests for documentation will be narrowly tailored to information necessary to evaluate and implement reasonable modifications or Supportive Measures.

Faculty members and other employees should not independently require medical documentation from students regarding pregnancy or related conditions. Instead, employees should provide students with the Title IX Coordinator鈥檚 contact information and refer students to the Title IX Coordinator or designee for assistance coordinating reasonable modifications and Supportive Measures.

Information regarding pregnancy or related conditions will be treated as private and shared only to the extent necessary to implement reasonable modifications, Supportive Measures, or leave-related arrangements.

Unlike disclosures of Sexual Misconduct that may trigger reporting obligations under this Policy, a student鈥檚 disclosure of pregnancy or related conditions does not automatically require reporting to the Title IX Coordinator without the student鈥檚 knowledge. Employees are encouraged to consult with the Title IX Coordinator when questions arise regarding appropriate support, confidentiality, or implementation of modifications.

Pregnancy itself is not automatically considered a disability under disability laws; however, pregnancy-related medical conditions may qualify for additional protections or accommodations through applicable disability accommodation processes.

Some pregnancy-related medical conditions may also qualify for additional protections or accommodations through the Office of Student Accessibility. In appropriate circumstances, the University may coordinate with the Office of Student Accessibility regarding temporary medical conditions, disability-related accommodations, or other academic support measures.

搂 20.02.04  Lactation

The University will provide reasonable modifications and Supportive Measures related to lactation, breastfeeding, expressing milk, and related medical needs.

Reasonable modifications may include reasonable break time, access to lactation spaces, temporary schedule adjustments, flexibility related to remote participation, or other appropriate measures designed to maintain equal access to educational programs and activities.

Lactation Room Locations - https://community.pepperdine.edu/title-ix/pregnancy-parenting-support.htm

1. West LA Campus: Room 534
2. Calabasas Campus: Room 163
3. Malibu Campus: PLC Women's Lounge
4. TAC Room 340

搂 20.03  Faculty and Employee Responsibilities

Faculty members and employees play an important role in supporting students experiencing pregnancy or related conditions and maintaining equal access to educational programs and activities. Early consultation with the Title IX Coordinator is encouraged to promote consistency, compliance, and effective support.

Employees should promptly refer students to the University Title IX Coordinator when:

1. a student discloses pregnancy or a related condition;
2. a student requests pregnancy-related flexibility or modifications;
3. attendance, grading, clinical, or participation concerns arise;
4. a requested modification may fundamentally alter a program requirement, licensure requirement, credentialing standard, or applicable law;
   or a student鈥檚 circumstances significantly change.

Employees should not:

1. pressure or discourage a student from continuing participation in a program or taking leave;
2. make assumptions regarding a student鈥檚 abilities, limitations, or participation based on pregnancy, parental status, or sex;
3. penalize students for approved pregnancy-related absences or modifications;
4. independently deny requests for modifications or Supportive Measures without consultation;
5. independently require medical documentation related to pregnancy or related conditions without consultation with the Title IX Coordinator.

搂 20.04  Parenting, Family, and Marital Status Protections

The University prohibits discrimination based on parental status and will not apply policies, practices, or procedures differently on the basis of sex. For example, the University will not assume that mothers require greater flexibility, support, or academic adjustments than fathers or non-birthing parents.

The University also prohibits discrimination based on sex stereotypes related to parenting roles, caregiving responsibilities, or family responsibilities.

Certain issues related to parenting, caregiving, childcare responsibilities, child illness, bonding time, or requests for academic support related to the birth or arrival of a child for a non-birthing parent may fall outside the scope of Title IX pregnancy-related protections. In such situations, students may be referred to the Student Care Team or other appropriate University resources for support and assistance.

搂 20.05  Employees and Additional Resources

Employees seeking information regarding pregnancy-related workplace accommodations, leave, disability benefits, or related employment protections should contact Human Resources.

Additional information regarding employee medical leave and pregnancy disability leave may be found through the University鈥檚 Human Resources resources and policies, including:

1. University Policy Manual -
2. University Policy Manual -

搂 21.00  Policy Review Process and Acknowledgment of Sources  

This Policy is reviewed every year by the SaVE (Sexual Violence Elimination) Team Policy and Protocol Committee, which includes representatives from the following University areas: Community Standards, General Counsel, Graduate School of Education and Psychology, Graziadio Business School, Human Resources, Public Safety, School of Law, School of Public Policy, Seaver College, Student Affairs, and the University Title IX Coordinator. Student groups and individuals who have utilized previous versions of this Policy have also provided feedback. We gratefully acknowledge the use and adaptation of model policies by peer institutions and professional organizations, including the Novus Law Firm (Natasha Baker) and the ATIXA (Association of Title IX Administrators) One Policy, Two Procedures Model, portions of which have been adapted with permission in this Policy. Individual input from students, faculty, and staff is welcome at any time using the Policy contact information below.

Last Updated: July 20, 2026

Policy Contact: University Title IX Coordinator, the Office of Community Standards, or Human Resources.

Additional Resources: Title IX Process Overview Flowchart

Note: All formal sexual misconduct grievances filed before September 13, 2023 will be addressed using the 2022-2023 Sexual Misconduct Policy.

Appendices

Appendix A:  Additional Sexual Misconduct Definitions & Terms

Also see 搂 2.00 Policy Related Definitions and Terminology

Sex Discrimination (Not Included in Sexual Misconduct) 

Sex Discrimination occurs when an individual is subject to an adverse action based upon that individual鈥檚 sex. An adverse action means an action that has a substantial and material adverse effect on the individual鈥檚 ability to participate in a University program or activity. Minor or trivial actions or conduct not reasonably likely to do more than anger or upset an individual does not constitute an adverse action. Allegations of sex discrimination are not generally processed under this Policy. 

FEHA Sexual Harassment (Not Included in Sexual Misconduct) 

The California Fair Employment and Housing Act (鈥淔EHA鈥�) also prohibits sexual harassment of employees by employees or third parties with whom the University鈥檚 employees have contact in the course of their employment, including applicants, students, student-employees, interns, volunteers, and independent contractors. This definition is broader than Title IX Sexual Harassment and Non-Title IX Sexual Harassment. FEHA Sexual Harassment (Hostile Work Environment) is defined as any unwelcome behavior based on sex that is reasonably regarded as offensive that:

1. Sufficiently offends, humiliates, distresses, or intrudes upon its victim, so as to disrupt the victim鈥檚 emotional tranquility in the workplace, or
2. Affects the victim鈥檚 ability to perform the job as usual, or
3. Otherwise interferes with and undermines the victim鈥檚 personal sense of well-being.

The definition of FEHA Sexual Harassment includes unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature when submission to such conduct:

Is made a condition of employment or employment decision (Quid Pro Quo); or
Meets the definition of harassment as stated above (Hostile Work Environment).

Examples of conduct that may constitute prohibited FEHA Sexual Harassment may include but are not limited to:

1. Unwanted physical touching;
2. Telling sexually explicit jokes or stories;
3. Making comments or gestures reasonably regarded as lewd or offensive;
4. Displaying sexually suggestive objects, cartoons, or pictures;
5. Sending sexually explicit messages by letter, notes, electronic mail, social media posting, or telephone;
6. Making unwelcome comments reasonably regarded as offensive about a person鈥檚 body, physical appearance, or clothing;
7. Frequent use of unwelcome terms of endearment; or
8. Repeatedly asking an individual for a date or a meeting outside working hours after they have indicated unwillingness to go.

A single incident of harassing conduct may create a hostile work environment under FEHA Sexual Harassment if it has unreasonably interfered with the victim鈥檚 work performance or created an intimidating, hostile, or offensive work environment.

Whether the person meant to offend or believed their comments or conduct were welcome is not significant. Rather, the Policy is violated when other individuals, whether recipients or mere observers, are actually offended by comments or conduct based on any protected category and the conduct is considered offensive by a reasonable person.

An employee may file a formal complaint of FEHA Sexual Harassment through the Employee Grievance Procedure in Section 31 of the University Policy Manual.

Appeal Officer
Appeal Officer refers to the person designated by the University to review appeals of a dismissal of the formal complaint or any allegations therein, or the determination of responsibility.

Employee
Employee refers to a University faculty or staff member, including full-time, nine-to twelve-month, part-time, regular, tenured, restricted, probationary, and temporary positions.

Hearing Officer
Hearing Officer refers to the person designated by the University to conduct a hearing before making a determination of responsibility on the allegations of sexual misconduct.

Parties
Parties include the Complainant(s) and Respondent(s), collectively.  

Standard of Evidence
Determinations of whether the Sexual Misconduct Policy was violated will be made based on the preponderance of the evidence standard (i.e., whether it is more likely than not that the Respondent violated the Sexual Misconduct Policy).

Student
The University Student Code of Conduct defines a student refers to a University student, including an applicant for admission; any matriculated undergraduate or graduate student who is enrolled in course work; has completed the immediately preceding term, is not presently enrolled, and is eligible for re-enrollment; is on an approved educational leave or other approved leave status; is currently serving a suspension, expulsion, or interim restriction; or is awaiting a degree. This includes the period before classes begin, while the student is attending classes, between academic sessions, or on leave. This Policy applies even if the student withdraws from school while a disciplinary matter is pending. 

Third Party
Third Party refers to an individual who is not a University student or employee, including but not limited to visitors, vendors, contractors, alumni, internship or practicum site personnel, guests, parents, or other non-affiliated individuals.

Witness
Witness refers to an individual who may have information relevant to a report of Sexual Misconduct. A Witness may be a student, an employee, or a third party.

Appendix B:  Timely Warning Obligations

Parties reporting Sexual Assault, Domestic Violence, Dating Violence, and/or Stalking should be aware that under the Clery Act, the University must issue timely warnings for incidents reported to the University that pose a serious or continuing threat of bodily harm or danger to members of the campus community. The University will ensure that a Complainant鈥檚 name and other identifying information is not disclosed, while still providing enough information for community members to make safety decisions in light of the potential danger.

Appendix C:  Frequently Asked Questions Regarding No Contact Directives

Appendix D:  Promptness, Time Frames, and Time Limits

D.1  Promptness

All allegations of Sexual Misconduct are acted upon promptly by the University after it has received notice or a formal complaint. There are exceptions and extenuating circumstances that can cause a resolution to take longer, but the University will avoid all undue delays within its control. If the time frames for resolution outlined in the University鈥檚 procedures will be delayed, the University Title IX Coordinator will provide written notice to the parties of the delay, the cause of the delay, and an estimate of the anticipated additional time that will be needed as a result of the delay.

D.2  Time Frames

The timelines below summarize key timeframes established by the Sexual Misconduct Policy. These timeframes are intended to promote a prompt and equitable process. Individual matters may require more or less time depending on the complexity of the allegations, the availability of the parties or witnesses, academic breaks, or other circumstances. When appropriate, the University will notify the parties of material delays or extensions. In the event of any inconsistency between this table and the operative language of the Policy, the language contained in the applicable Policy section rules.

D.3  Time Limits on Reporting

There is no time limitation on reporting Sexual Misconduct or making a formal complaint to the University Title IX Coordinator. However, if the Respondent is no longer subject to the University鈥檚 jurisdiction and/or significant time has passed, the ability to investigate, respond, and provide remedies may be more limited or impossible. Acting on reports/formal complaints significantly impacted by the passage of time (including, but not limited to, the revision of policy) is at the discretion of the University Title IX Coordinator, who may document allegations for future reference, offer Supportive Measures and/or remedies, and/or engage in informal or formal action, as appropriate. When the report or formal complaint is affected by a significant time delay, the University will normally apply the Policy (e.g., definitions) in place at the time of the alleged misconduct and the procedures (e.g., grievance process) in place at the time of the report or formal complaint.

Appendix E:  Information regarding proposing Informal Resolution terms

Informal resolution is a voluntary process that provides an opportunity to address concerns and reach a resolution without going through a formal investigation, hearing, or determination of responsibility. The University Title IX Coordinator determines whether the process is appropriate for a particular matter. With the assistance of a trained, impartial facilitator, the parties may explore mutually acceptable terms for resolving the matter. This normally occurs asynchronously and in writing. Parties may stop the Informal Resolution process at any time prior to reaching an agreement and resume the formal grievance process. If an agreement is reached, the resolution becomes final and is not subject to appeal. Also see 搂 14.00  Informal Resolution Process.

E.1  Frequently Asked Questions Regarding Informal Resolution

E.2 Examples of Informal Resolution Terms

The examples below are intended only to illustrate the types of terms that parties may voluntarily propose during Informal Resolution. They are not mandatory, exhaustive, or appropriate in every case. The University Title IX Coordinator will determine whether proposed terms are consistent with University policy, applicable law, and the voluntary nature of the Informal Resolution process.

Appendix F:  Sanctions

Violation of the Sexual Misconduct Policy may result in the imposition of one or more of the sanctions listed below. Sanctions may be imposed in both the Informal Resolution process (if both parties agree) and the formal grievance process, and are not limited to those listed. Failure to comply with the sanction(s) imposed in the letter of determination may result in further disciplinary action, including but not limited to, a registration hold, placement on, or extension of, University probation, suspension, or permanent dismissal.

Sanctions are based on general principles of fair treatment. While attempting to be consistent in its disciplinary decisions, the University also seeks to be fair and sensitive to the facts and circumstances of each individual case.

1. Warning: Oral or written notice to the student or employee that the student or employee is violating or has violated the Sexual Misconduct Policy and that continuation or repetition of misconduct may result in a more severe sanction.
2. University Probation: A status which indicates that a student鈥檚 relationship with the University is tenuous. Probation is for a designated period of time and includes the probability of more severe disciplinary sanctions if the student is found in violation of any other policy. Probation may also result in the loss of privileges, depending on the policies of various University departments and organizations. For example, a student becomes ineligible to hold some leadership positions when placed on probation. Also, if a student is placed on University probation, the student becomes ineligible for future International Programs during the probation period. Ineligibility includes applying, remaining in the queue, or attending a program.
3. Loss of Privileges: Such loss may include, but is not limited to, financial assistance, eligibility to represent the University officially on athletic teams or performing groups, or use of specific University facilities, computer systems, equipment, or services.
4. Restitution: Compensation for loss, damage or injury. Failure to pay such charges may result in additional sanctions (including, but not limited to, denial of re-enrollment or refusal to release official transcripts and records).
5. Educational Sanctions: Reading/writing assignment, drug or alcohol assessment/treatment, seminar attendance, or other discretionary sanctions as deemed appropriate.
6. Dismissal from University Housing: Loss of privilege to live in University housing. In accordance with University housing policy, students required to live on campus who are dismissed from University housing may be dismissed from the University. Any student dismissed from University housing prior to the end of the contractual period may be responsible for any remaining monetary charges and may be ineligible for reimbursement for any charges already paid.
7. Suspension: Temporary separation of the student or employee from the University for a definite period of time. Students are eligible to return without reapplying through the office of admissions, unless the student is absent for two or more academic years, which does require re-application and readmission by the office of admission, as is the case for all students. Readmission is not guaranteed, and conditions for readmission may be specified. 
   Human Resources Action: Employees may receive a memorandum to file, a Performance Improvement Plan, Disciplinary Action as outlined in Section 12 of the University Policy Manual, or other appropriate action.
8. Expulsion: Temporary separation of the student from the University for a definite period of time, but not less than two semesters, after which the student must re-apply through the office of admission and be granted acceptance before becoming eligible for re-enrollment at the University. Conditions for readmission may be specified, but the student is not guaranteed readmission.
9. Dismissal: Permanent separation of the student or employee from the University. A student who is dismissed from the University is permanently ineligible to re-enroll at the University at any time in the future. When students are dismissed, expelled, or suspended for disciplinary reasons, there will be no refund of tuition or room charges for the semester, and all financial assistance for subsequent semesters will be reviewed and is subject to cancellation. This sanction will be noted permanently as a 鈥淒isciplinary Dismissal鈥� on the student鈥檚 official transcript. University dismissal will be made part of the permanent disciplinary record.
10. Revocation of Admission and/or Degree: Admission to, or a degree awarded from the University, may be revoked for any violation of University policy committed by a student prior to matriculation at, or graduation from, the University. If a violation occurs just prior to a student鈥檚 scheduled graduation, sanctions may be imposed even if all academic requirements are completed. Sanctions may include, but are not limited to, community service, research or reflective paper, restitution, loss of privilege to participate in the graduation ceremony, deferment of degree, and a transcript hold. The University may withhold issuing a degree until all sanctions are fulfilled. In the case of a serious violation, the University may permanently withhold or revoke a degree.

Appendix G:  Withdrawal or Resignation While Allegations Are Pending

G.1  Students
If a student has an allegation pending for violation of this Policy, the University may place a hold on a student鈥檚 ability to graduate and/or to receive an official transcript/diploma. 

If a student decides not to participate in the resolution process, the process proceeds absent their participation to a reasonable resolution. The University will continue to address and remedy any systemic issues, variables that may have contributed to the alleged violation(s), and any ongoing effects of the alleged Sexual Misconduct and/or Retaliation. The student who withdraws or leaves while the process is pending may not return to the University. Such exclusion applies to all schools and campuses of the University. A hold will be placed on their ability to be readmitted. They may also be barred from University property and/or events. 

If the student Respondent only withdraws or takes a leave for a specified period of time (e.g., one semester or term), the resolution process may continue remotely, and that student is not permitted to return to University until the process is completed and all sanctions (if any) have been satisfied. 

During the resolution process, the University may put a hold on a responding student鈥檚 transcript or place a notation on a responding student鈥檚 transcript or disciplinary record that a disciplinary matter is pending. 

G.2  Employees

Should an employee Respondent resign with unresolved allegations pending, the resolution process ends, as the University no longer has disciplinary jurisdiction over the resigned employee. However, the University will continue to address and remedy any systemic issues, variables that contributed to the alleged violation(s), and any ongoing effects of the alleged harassment or discrimination. The former employee may also be barred from University property and/or events.

Appendix H:  Retention of Records

The University will maintain any and all records in accordance with state and federal laws. The University will maintain for a period of seven years records of:

1. Each Sexual Misconduct investigation including any determination regarding responsibility and any transcript required under federal regulation;
2. Any remedies provided to the Complainant designed to restore or preserve equal access to the University鈥檚 education program or activity;
3. Any appeal and the result;
4. Any Informal Resolution and the result;
5. All materials used to train Title IX coordinators, investigators, decision makers, and any person who facilitates an Informal Resolution process;
6. Any actions, including any Supportive Measures, taken in response to a report or formal complaint of Sexual Misconduct, including:
   1. The basis for all conclusions that the response was not deliberately indifferent;
   2. Any measures designed to restore or preserve equal access to the University鈥檚 education programs or activities; and
      If no Supportive Measures were provided to the Complainant, document the reasons why such a response was not clearly unreasonable in light of the known circumstances.
   3. Any disciplinary sanctions imposed on the Respondent except for University dismissal or a permanent withholding of a degree, which will be made part of the permanent disciplinary record. 

Appendix I:  Required Trainings

The University Title IX Coordinator, investigators, decision-makers, and any person who facilitates an Informal Resolution process will receive training on the definitions of Sexual Misconduct under this Policy, the scope of the University鈥檚 education program or activity, how to conduct an investigation and grievance process including hearings, appeals, and Informal Resolution processes, as applicable, and how to serve impartially, including by avoiding prejudgment of the facts at issue, conflicts of interest, and bias. These individuals will receive annual training on the issues related to domestic violence, dating violence, sexual assault, and stalking and how to conduct an investigation and hearing process that protects the safety of victims and promotes accountability. 

Investigators will receive training on issues relevant to creating an investigation report that fairly summarizes relevant evidence. Decision-makers will receive training on issues of relevance of questions and evidence, including when questions and evidence about the Complainant鈥檚 sexual predisposition or prior sexual behavior are not relevant. 

Any materials used to train the University Title IX Coordinator, investigators, decision-makers, and any person who facilitates an Informal Resolution process will not rely on sex stereotypes and will promote impartial investigations and adjudications of Formal Complaints of Sexual Misconduct. 

The University will make these training materials publicly available on the University's website at www.pepperdine.edu/titleix.