Sexual Misconduct Policy
Something happened to me. Where can I get help?
I heard about something that happened. What do I do next?
I think someone accused me of something. What will happen?
The College prohibits all forms of sexual or gender-based harassment, discrimination or violence. Prohibited conduct includes sexual harassment, sexual assault, intimate partner violence, and stalking.
A person affected by prohibited conduct can seek confidential assistance, can privately request supportive measures, and can request formal investigation and disciplinary proceedings by the College.
Review our Institutional Values and Community Expectations for more on expectations of behavior.
Review our definitions of sexual harassment, sexual assault, intimate partner violence, and stalking for specific descriptions of this prohibited conduct. Retaliation is also prohibited by this policy. For prohibited discrimination based on protected identities, including sex and gender, please see our Nondiscrimination policy.
This policy includes the following components:
- Institutional Values and Community Expectations
- Prohibited Conduct
- Interim Measures and Supportive Measures
- Formal Complaint, Formal Resolution, and Appeal
- Principles of Investigation and Adjudication
- Investigation Process
- Title IX conduct and scope
- Live Hearing
- Training Required
- Record Retention
Scope of Policy
The policy applies to all Lewis & Clark community members, including students, faculty, administrators, staff, volunteers, vendors, independent contractors, visitors, and any individuals regularly or temporarily employed, studying, living, visiting, conducting business or having any official capacity with the College or on College property.
This policy applies to the conduct of all Lewis & Clark community members at all times, regardless of location. Some specific procedures, however, apply only in more limited circumstances. The means for support and intervention by the College depend on the relationship of the person to the College.
A Reporting Party is encouraged to report misconduct regardless of where the incident occurred, or who committed it. Even if the College does not have jurisdiction over the Respondent, the College will still take prompt action to attempt to provide for the safety and well-being of the Reporting Party and the broader campus community.
The College will take actions that support a student and allow them to access their education. Supportive measures include confidential assistance, academic accommodations, and housing accommodations. Supportive measures are available with or without an investigation.
You can request supportive measures by contacting the Title IX Coordinator or a Deputy Title IX Coordinator. They will arrange a private meeting to discuss the request and how it is connected to the prohibited conduct covered by this policy. You can also refer to the example list of available supportive measures. Requesting supportive measures does not require disclosing all the details of what happened.
Some limited interim protective measures may be available prior to the resolution of a formal complaint, such as a No Contact order between the Reporting Party and Respondent.
Confidential resources are available to access whether or not you seek any other support from the College. Confidential resources are available with or without a report to the College, and with or without an investigation. These resources do not report confidential information to the Title IX Coordinator.
- Confidential Advocates
- Ombuds Office
- Counseling Service
- Student Health Service
- Employee Assistance Program
- Office of Spiritual Life
Confidential Medical Assistance:
A medical provider can provide emergency and/or follow-up medical services.
On campus, the Student Health Service can provide medical care including medical examinations, STI testing, pregnancy screening, birth control counseling and supplies (including emergency contraception), and referral to off-campus medical providers and specialists.
The Student Health Service is not, however, equipped for forensic examinations. Local health care facilities that offer Sexual Assault Forensic Exams (SAFE) are listed on the Resources page.
A medical exam has two goals: first, to diagnose and treat the full extent of any injury or physical effect (including prevention of sexually transmitted illnesses and pregnancy) and second, to properly collect and preserve evidence. There is a limited window of time (within 84 hours) following an incident of sexual assault to preserve physical and other forms of evidence. Taking the step to gather evidence immediately does not commit you to any particular course of action. The decision to seek timely medical attention and gather any evidence, however, will preserve the full range of options to seek resolution under this policy or through the pursuit of criminal prosecution.
Reporting to the College
If you or someone you know were affected by prohibited conduct, you have the option of reporting to the Title IX Coordinator. The Title IX Coordinator is responsible for the College’s response to prohibited conduct. Reporting does not initiate an investigation. Reporting to the Title IX Coordinator does not initiate a report to law enforcement. This policy provides amnesty from discipline for alcohol and drug use, in order to encourage reporting.
If you are an employee of the College, you are required to report all information to the Title IX Coordinator, whether by phone, email, online reporting form, or through a Deputy Title IX Coordinator. You can find guidance on our resource website on how to handle receiving information about prohibited conduct. The only employees not required to report are the confidential resources listed above. If you are unsure about your responsibility (“responsible employee” obligation), please contact the Title IX Coordinator.
When a report involves suspected abuse of a minor under the age of 18, all college employees are required by state law to notify child protective services and/or local law enforcement, unless the employee is a psychiatrist, psychologist, member of the clergy, attorney or guardian ad litem and the report is privileged under ORS 40.225 to 40.295 or 419B.234 (6).
When used in this policy, “Reporting Party” refers to an individual identified as the party affected or harmed by the alleged conduct reported under this policy. “Respondent” refers to an individual accused of alleged conduct under this policy.
Outreach after a Report
When a report is made, the Title IX Coordinator will ensure the affected person (the “Reporting Party”) is contacted to learn about their options. Options include connecting with confidential resources, asking for supportive measures, discussing an investigation option, and discussing alternatives to formal investigation. The Reporting Party is not required to pursue their options. The wishes and autonomy of the Reporting Party will be respected to the extent allowed by law and policy; only under rare circumstances – based on community safety – will the College take any action without the full cooperation of the Reporting Party.
Alternatives to a formal complaint and formal investigation may include non-disciplinary resolution options. Any non-disciplinary resolution option must be voluntary. Any non-disciplinary resolution options must involve a confidential process by a trained facilitator. The College will involve student advisory groups in any discussion of non-disciplinary resolution options, and will share power with student advisory groups in determining the design of any non-disciplinary resolution option program.
Filing a Formal Complaint
After reporting information to the Title IX Coordinator, a person affected by prohibited conduct (the “Reporting Party”) may choose to file a formal complaint. A formal complaint is a request for formal investigation by the College. The formal complaint and formal resolution procedures are found here. Reporting to the Title IX Coordinator does not automatically initiate a formal complaint.
Reporting to Law Enforcement
A person may report a crime to law enforcement with or without reporting to the Title IX Coordinator. A Confidential Advocate can accompany you to make a report to law enforcement.
The College encourages all individuals to report to the College and to local law enforcement. Reporting options are not mutually exclusive. Both College and criminal proceedings may be pursued simultaneously.
To report to law enforcement, you can start by contacting Campus Safety, or by directly contacting the law enforcement agency where the crime occurred:
- Campus Safety
- Portland Police Bureau and other local law enforcement
Under the Clery Act (as amended by Violence Against Women Act provisions), the College will record and report de-identified statistics for sex offenses, assault, domestic violence, dating violence, and stalking.
Approved by the Executive Council August 14, 2020