Student Conduct Standard Operating Procedures Regarding Sexual Misconduct, Sexual Harassment, and Unwanted Sexual Contact
Consistent with Section 1(III)(1), the director of Student Conduct and Community Standards (Director) has developed these procedures to implement the Student Conduct Code as it relates to allegations of sexual misconduct and certain allegations of harassment and unwanted contact. Specifically, these procedures should be followed when the underlying allegations relate to any form of sexual harassment, including sexual assault, dating or domestic violence, gender-based harassment and bullying, stalking and any other conduct that, if true, implicates Title IX (Sexual Misconduct). Note: sexual harassment is a form of discrimination on the basis of sex. These procedures should be construed as consistent with applicable code sections. If there is a conflict between the Student Conduct Code and these procedures, the Student Conduct Code controls. These procedures shall be interpreted and applied consistent with the Violence Against Women Act, Title IX, their implementing regulations and relevant agency guidance, and other controlling state and federal law.
Unless the underlying actions are already under investigation, the below procedures apply to sexual misconduct allegations initiated on or after January 4, 2016. Matters already under investigation are subject to the previous procedures unless the Title IX Coordinator determines that there is good cause to use the new procedures and using the new procedures will not result in substantial prejudice to either party.
(1) Receipt of Notice: Subject to being notified of a potential Sexual Misconduct violation, the Title IX Coordinator shall notify the Director. Reports can be made by contacting the Title IX Coordinator at email@example.com or by calling (541) 346-SAFE. For information regarding confidential reporting options, please see https://safe.uoregon.edu/services. For anonymous reporting options, please visit https://police.uoregon.edu/anonymous-sexual-assault-report. The Director or the Director’s designee, in consultation with the Title IX Coordinator, will (1) determine whether the complaint or notice contains information that, if true, would violate the Student Conduct Code and (2) determine whether the university has jurisdiction over the underlying allegations.
(2) Interim Measures and Confidential Reporting Options: The university provides students access to interim measures and confidential resources regardless of whether or not the student decides to move forward with making a report to the university. These measures include, but are not limited to, counseling services, academic accommodations, housing accommodations and other support services. The following link identifies confidential resources, further explains options for reporting Sexual Misconduct to the university and to law enforcement, and details other services and interim measures provided by the university: https://safe.uoregon.edu/services. Students who have questions about reporting, interim measures, or other services provided by the university may also contact the Title IX Coordinator at firstname.lastname@example.org.
(3) Emergency Action Procedures and No Contact Orders: The Director, in consultation with the Title IX Coordinator and other qualified campus community members, will determine whether emergency action procedures should be implemented. If emergency action is required, the Director or the Director’s designee will follow the procedures outlined in Student Conduct Code Section 6 to implement the action or actions. The parties will have an opportunity to respond, as appropriate. As stated in Section 6, both parties have the right to appeal emergency action decisions. In determining whether to issue an emergency action procedure, the Director or the Director’s designee can consider the Risk Factors described in Section 2.
Either party may request a No Contact Order. If a No Contact Order is issued, it shall apply to both parties. A violation of a No Contact Order is a separate student conduct violation, and should be immediately reported to the Director or the Title IX Coordinator. Additionally, the violation of the No Contact Order may be considered in determining whether to issue an emergency action and/or in determining sanctioning. If either party has questions regarding whether certain actions would or would not violate a No Contact Order, they should contact the Director.
(4) Confidentiality: A complainant may request that personally identifying information not be shared with the Accused Student, that no investigation be pursued, and/or that no disciplinary action be taken. The Title IX Coordinator and other persons that the Title IX Coordinator identifies as possessing relevant knowledge or skills will consider the following factors in evaluating such request(s): (1) the totality of the known circumstances; (2) the presence of any risk factors, described below; (3) the potential impact of such action(s) on the complainant and/or other members of the university community; (4) any information showing that the accused student made statements of admission or otherwise accepted responsibility for the underlying conduct; (5) the existence of any independent information regarding the underlying conduct; and (6) any other available and relevant information including the interests of the university community. The university will seek to honor the complainant’s request(s) if it is possible to do so while also protecting the health and safety of the complainant and the university community.
The following are health and safety risk factors that will be considered as the university seeks to honor the complainants request for confidentiality:
· Whether the Accused Student has prior convictions, is the subject of prior reports and/or complaints of any related form of prohibited conduct under the Code, or has any history of violent behavior.
· Whether the Accused Student has a history of failing to comply with any university No Contact Order or Emergency Action, other university protective measures, and/or any judicial protective order.
· Whether the Accused Student has threatened to commit violence or any form of Sexual Misconduct.
· Whether the underlying conduct involved multiple Accused Students or multiple potential complainants.
· Whether the reported Sexual Misconduct involved physical violence. “Physical violence” means exerting control over another person through the use of physical force. Examples of physical violence include hitting, punching, slapping, kicking, restraining, choking and brandishing or using any weapon.
· Whether the report reveals a pattern of Sexual Misconduct (e.g., by the Accused Student, by a particular group or organization, around a particular recurring event or activity, or at a particular location).
· Whether the reported Sexual Misconduct was facilitated through the use of “date-rape” or similar drugs or intoxicants.
· Whether the reported Sexual Misconduct occurred while the Complainant was unconscious, physically helpless or unaware that the Sexual Misconduct was occurring.
· Whether the Complainant is (or was at the time of the Sexual Misconduct) a minor (under 18); and/or whether any other aggravating circumstances or signs of predatory behavior are present.
In instances where a Complainant requests confidentiality, the university will take all reasonable steps to investigate and respond to the complaint consistent with the request for confidentiality or request not to pursue an investigation, and where the university cannot take disciplinary action against an accused student because of a Complainant’s insistence on confidentiality, it will pursue other steps to limit the effects of the alleged harassment or misconduct and prevent its recurrence.
(5) Alcohol and Drug Amnesty: To encourage reporting, neither a Complainant nor a witness in an investigation of sexual misconduct will be subject to disciplinary sanctions for a violation of university policy at or near the time of the sexual misconduct, unless the Complainant’s or witness(es)’ conduct placed the health or safety of another person at risk, or was otherwise egregious. This means that students who are actively supporting a student experiencing sexual misconduct or responding to an incidence of sexual misconduct or participating in the resolution of sexual misconduct, will not be subject to allegations relating to their use of drugs or alcohol in connection with that incident. Accused Students will not be subject to disciplinary sanctions for a violation of the university’s policy relating to the use of drugs or alcohol for acts that occurred at or near the time of the underlying incident. In all instances, the university may initiate an educational discussion or pursue other educational remedies regarding alcohol or other drugs.
As explained below, the use of alcohol or drugs will never function as a defense for engaging in sexual misconduct.
Alcohol and drug amnesty do not apply to conduct that involves plagiarism, cheating, or academic dishonesty.
(6) Concurrent Processes: The student conduct process is not a criminal process nor do violations of the Student Conduct Code necessarily constitute violations of Oregon’s criminal code; however, the two processes are not always mutually exclusive. Therefore, sometimes a violation of the Student Conduct Code may also constitute a violation of the criminal code. If the underlying act may constitute a violation of both the Student Conduct Code and the criminal code, students have the right to file a criminal complaint and/or a student conduct complaint or neither. If the criminal process is initiated, the student conduct process may be suspended to allow law enforcement agencies time to complete the active fact-gathering stage of their investigations. The decision to suspend the student conduct process will be made by the Title IX Coordinator in consultation with the relevant law enforcement agency, in consideration for the health and safety of the campus community, and in accordance with state and federal law. If the student conduct process is suspended, it will promptly resume as soon as the active fact-gathering stage is complete.
(7) Student Conduct Allegations: If the Director and Title IX Coordinator have made the determination to issue student conduct allegations, the Director will send a Notice of Allegations to the Accused Student and Complainant, as set forth in Student Conduct Code Section 3(II)(2). The Notice will include information regarding the underlying allegations, interim measures and the university’s policy prohibiting retaliation against individuals who file discrimination complaints or cooperate in the university’s investigation of discrimination complaints, information regarding these procedures and information regarding the relevant timeframes. The Director may designate an appropriate university representative to investigate the case, and make a decision regarding the allegations (Decision-maker). If a designation is made, the designee’s contact information will be set forth in the Notice of Allegations. If allegations are not issued, the Director shall send a notice to the Complainant explaining why allegations were not issued.
The Director and Decision-makers shall receive annual training on how to conduct sexual violence complaints and implement these procedures. For more information on the type of training required, please see http://www2.ed.gov/about/offices/list/ocr/docs/qa-201404-title-ix.pdf, page 40. Decision-makers shall also receive training on how to conduct a trauma-informed investigation and an Administrative Conference in a manner that protects the safety and rights of Complainant, Accused Student and witnesses and promotes accountability.
The Accused Student has seven calendar days from receipt of the Notice of Allegations to set up a meeting with the Decision-maker to discuss the allegations set forth in the notice. If notices are sent via email, notices will be considered received on the date that they are sent. If notices are sent via first-class mail, they will be considered received three days after they are sent. If the Accused Student does not respond within seven days of receiving the Notice of Allegations, the Decision-maker may proceed as set forth in Student Conduct Code Section 3(II)(3).
(8) Fact-gathering Investigation: If student conduct allegations are issued, the Director or designated Decision-maker will initiate an investigation. In most instances, the investigation process will proceed according to the following timeframes: (1) Fact-gathering investigation (40 calendar days from date the Notice of Allegations are received by the parties); (2) Review of Record (a period of 5 calendar days after the closing of the fact-gathering investigation and before the Administrative Conference); (3) Administrative Conference (5 calendar days after the close of the Review of Record); (4) Issuance of the Notice of Findings (within 7 calendar days from the Administrative Conference.) These timeframes may be altered for good cause. If a party wishes to extend the timeframes, the party should file a petition with the Decision-maker. If the Decision-maker needs to alter the timeframes, the Decision-maker will consult with the Title IX Coordinator and, if necessary, send notices to the parties extending these timeframes.
The Decision-maker will conduct an investigation of the allegations. This will include interviewing the parties and other witnesses and reviewing any other material that the Decision-maker considers relevant to the allegations. Relevant material may include, but is not limited to, texts, photos, emails or other electronic communication, written documents, medical information, and proposed written questions that a party requests be asked of parties or witnesses. The Decision-maker may follow-up with the Complainant, the Accused Student and witnesses at any time during the investigation, as needed and appropriate, to clarify any inconsistencies or review new information.
At all stages of the resolution process, the responsibility is on the university to gather the relevant information to the extent reasonably possible to investigate a complaint, report or incident of sexual harassment or sexual violence of which the university has notice. However, to the extent the parties have information that they want the Decision-maker to consider or witnesses they want the Decision-maker to speak with, the parties should provide relevant information and material or list of witnesses to the Decision-maker within ten days of receiving the Notice of Allegations. For non-UO affiliated witnesses, parties must provide the Decision-maker with contact information for the witnesses.
The Decision-maker will not draw any adverse inference if a party chooses to remain silent during the investigation or Administrative Conference. Following a Notice of Allegations, non-participation by the Accused Student or witnesses will not prevent the process from moving forward.
If the information gathered or provided as part of the investigation supports additional conduct allegations against either party and those allegations arise from the same underlying incident, the Decision-maker has the discretion to consider those allegations as a part of the underlying matter or to initiate a new case. Under either scenario, appropriate notice of the new allegations will be provided to the parties.
Subject to a party’s right to remain silent during an investigation or Administrative Conference, a party or witness who refuses or fails to cooperate with the Decision-maker may be subject to Student Conduct Code allegations.
When a deadline or due date falls on a weekend or holiday, the deadline or due date will be considered to be the following business day.
(9) The Record and Review of the Record: The Decision-maker will create a record of all relevant information obtained prior to or during the fact-gathering investigation (“Record”). The Record will be supplemented during the Administrative Conference as explained below. Absent the person with the privacy interest’s written consent, the Record will not include health and psychological information, treatment records or other protected health information Subject to applicable state and federal law, the Accused Student and the Complainant will be offered an opportunity to review the record for a period of five days after the conclusion of the fact-gathering investigation.
Information or witnesses submitted to the Decision-maker after the conclusion of the fact-gathering process will not be considered and therefore will not become a part of the Record absent a showing of good cause. If a party believes that there is good cause justifying the consideration of additional information or witnesses, the student may petition the Decision-maker to submit the additional information. If the Decision-maker determines that the additional information is relevant and material, the Decision-maker may choose to allow the student to submit the additional information by a date established by the Decision-maker.
Both parties will be provided notice at least ten business days prior to the conclusion of the fact-gathering process. The notice will include the date the fact-gathering process will conclude, the time period for reviewing the record, and the date of the Administrative Conference.
(10) Administrative Conference: The Administrative Conference is intended to provide each party fair, ample and equal opportunity for each party to respond to the Record, including posing questions to the Decision-maker, the other party and witnesses. These rights are explained in detail below. The Administrative Conference is an administrative proceeding not comparable to a criminal trial; it, in connection with the fact-gathering process, is the mechanism by which the university assesses and, as appropriate, takes formal disciplinary action regarding a violation of university policy.
Notice: The parties will be provided timely notice of the date of the Administrative Conference. Once the Administrative Conference is scheduled and barring any unforeseen circumstance that would prevent the Complainant or Accused Student from participating in the Administrative Conference, the absence or unavailability of either party, witnesses, or advisors shall not be cause to cancel, postpone or reschedule the Administrative Conference.
End of term/academic year: If the Administrative Conference must be heard at or after the end of the term or semester (law students) or academic year and/or if an Administrative Conference cannot reasonably be convened, the university may substitute an alternate method of adjudication at its discretion. Both parties will be notified in advance should such a decision become necessary. Pursuant to Section 1(IV)(5) of the Code, the university retains jurisdiction over a party even if the party withdraws from the university prior to the conclusion of this formal resolution process. Therefore, if an Accused Student chooses not to participate, the university will move forward with the Administrative Conference and imposition of sanction, if any, in absentia.
Scope: Only witnesses or parties that have participated in the fact-gathering investigation may provide testimony or information in an Administrative Conference. Additionally, new or additional information or new or additional testimony that was available and could have been provided but was not previously provided to the Decision-maker during the fact-gathering investigation will not be allowed. Parties may request exceptions to these rules by filing a petition with the Decision-maker showing why there is good cause to consider new or additional information. Should good cause exist to consider new or additional information during the Administrative Conference, the Decision-maker shall have the authority to conduct any such additional fact finding as may be necessary. The Administrative Conference is a closed proceeding not open to the public. The individuals who may participate in the Administrative Conference are the Complainant; the Accused Student; an individual serving as an advisor to each party, and any individuals appearing as witnesses.
Alternative testimony options: A Complainant or Accused Student may also request alternative testimony options that would not require physical proximity to the other party including allowing the Complainant or Accused Student to be present in a separate room and using relevant technology to facilitate participation. While these options are intended to help make the Complainant or Accused Student more comfortable, they are not intended to work to the disadvantage of the other party. Parties may also request a bifurcated hearing by filing a petition with the Decision-maker. Petitions for bifurcated hearings must be received at least five days prior to the Administrative Conference and should explain the basis for the request. If a party’s petition is granted, the Decision-maker will send out notices to the parties indicating what procedures will be used, such procedures will be consistent with the procedures set forth in this section.
Recording: Administrative Conferences will be recorded by the Decision-maker and become a part of the Record. Any audio, visual or electronic recording of the proceedings by the Complainant, the Accused Student, witnesses, advisors or any other person is not permitted. The failure by the university to record all or part of the hearing, such as due to a malfunctioning device, will not be grounds for invalidating the Administrative Conference or grounds for appeal. The recording made by the Decision-maker is the sole property of the university.
Presentation of information, questions and closing: The Complainant and the Accused Student or their advisors may present a summary of the student’s information at the beginning of the Administrative Conference. If an advisor is presenting, the advisor’s presentation should be 5 minutes or less. This is the one and only time an advisor is permitted to advocate, represent or speak for a party. The Decision-maker may pose questions to the Complainant and the Accused Student, including questions suggested and provided in writing by the parties. The parties may not directly question other parties or witnesses during the Administrative Conference; questions will be posed through the Decision-maker. The parties’ proposed questions will be part of the Record. The Decision-maker will pose questions to a witness or party to whom the question is directed as long as the questions are relevant and not unduly harassing. Responses to these questions will become a part of the Record. At the conclusion of the presentation of all witnesses and information, the Complainant and the Accused Student will each be given a brief final opportunity to address any outstanding issues of fact.
Standard of review: The Decision-maker will determine an Accused Student’s responsibility by a preponderance of the evidence. This means that the Decision-maker will decide whether it is “more likely than not,” based upon the totality of all of the relevant information gathered, that the Accused Student is responsible for the alleged student conduct violation(s).
(11) Information: Certain Information is not relevant to the investigation and therefore will not be considered, as outlined below:
a. Character information: character information will not be considered as it is not relevant.
b. Prior Sexual History of the Complainant: Prior sexual history will not be admitted as character information, and typically will not be used in determining whether the conduct occurred, except where consent is at issue, in which case prior consensual activity between the two parties, while not determinative, may be relevant to determining whether consent was sought and given. In addition, past sexual history may be relevant under limited circumstances, for example, to explain an injury.
c. Prior Sexual Conduct of Accused Student: prior or subsequent conduct of the Accused Student may be considered in determining pattern, knowledge, intent, motive, absence of mistake or lack of accident.
(12) Incapacitation: Incapacitation is a state beyond drunkenness or intoxication. An individual who is intoxicated may be able to consent to sexual activity. However, when an individual passes from intoxication to a state of incapacitation, they no longer have the ability to give consent under this policy. Some indications of incapacity include (but are not limited to):
· Slurred speech or other difficulty communicating
· Difficulty walking or standing
· Glassy or bloodshot eyes;
· Unable to keep eyes open
· Unusual behavior
· Confusion or lack of understanding
· Disorientation to place, time and/or location
These signs alone do not necessarily indicate incapacitation. An individual can be incapacitated without displaying any of these signs. For instance, in some circumstances, a person in a blackout state can appear to be conscious when they are actually incapacitated and unable to consent.
Engaging in sexual activity with someone a person knew or should have known was incapacitated is a violation of the Student Conduct Code regardless of whether the person appeared to be a willing participant. It is the responsibility of the individual who wants to engage in sexual activity to make sure that the other individual(s) involved is able to consent. Failure to do so could lead to disciplinary and/or legal action.
It is especially important, therefore, that anyone engaging in sexual activity be aware of the other person’s level of intoxication. If there is any doubt as to the level or extent of the other individual’s intoxication or impairment, the prudent course of action is to forgo or cease any sexual contact or activity.
Being intoxicated or impaired by drugs or alcohol is never an excuse for sexual harassment, sexual assault, dating or domestic violence, gender-based harassment or bully, and stalking and does not diminish one’s responsibility to obtain consent. Therefore, when assessing responsibility under the Code, Accused Students will be treated as reasonable persons not under the influence of drugs or alcohol.
(13) Notice of Findings: Within seven days after the Administrative Conference, the Decision-maker will issue a Notice of Findings to the Complainant and the Accused Student. The decision as to whether the Accused Student’s behavior, as set forth in the Notice of Allegations, violated the student conduct code will be based on whether information within the Record demonstrates that it is more likely than not that the conduct occurred. The Notice of Findings will include a summary of the information, an analysis of the underlying information and rationale, and will identify any sanction being imposed. The Decision maker will consult with the Title IX Coordinator and the Director, to the extent the Director is not the Decision-maker, regarding sanctioning. For more information regarding sanctioning, please see Student Conduct Code Section 1 (VI). The Notice will be provided to both parties at the same time. The Notice may be redacted to protect the privacy of individuals as necessary. In general, the decision letter will be issued within 60 days of the date of receipt of the Notice of Allegations, as provided in section (7), unless there is good cause for delay.
The Notice of Findings will include information regarding the procedures to appeal.
(14) Appeals: Either party can appeal a decision within 14 days of the notice of findings being received by the party by delivering a copy of the appeal to the Office of Student Conduct and Community Standards. Appeals should be in writing and should state the basis for the appeal. Appeals can be made on the following basis:
a. To determine if the Administrative Conference was conducted fairly, in light of the complaint made and information presented and in conformity with procedures required in this Code, giving the Complainant a reasonable opportunity to present information, and giving the Accused Student reasonable notice and an opportunity to prepare and to respond to the allegations. A deviation from procedures required by this Code will not be a basis for sustaining an appeal unless significant prejudice results;
b. To determine whether the decision reached regarding the Accused Student was based on substantial information, that is, whether there were facts that, if believed by the Director or Decision-maker, were sufficient to establish that a violation of the Code occurred;
c. To determine whether the sanction(s) imposed were commensurate with violation;
d. To consider new information sufficient to alter a decision or other relevant facts not brought out in the original hearing, only if such information or facts were not known to the person appealing at the time of the hearing.
Following any appeal, both parties will receive notice at the same time regarding any change to the results of the disciplinary proceeding based on the appeal, when those results will be finalized and implemented and/or any additional procedures required.
(15) Advisors: As long as the presence of an advisor does not unreasonably delay the process, students may have one individual advisor present throughout the process, including but not limited to during the period of fact-gathering investigation and the Administrative Conference. An advisor may be any person other than one who is a witness in the same matter, including but not limited to a representative of the Office of the Dean of Students, Office of Student Advocacy, an attorney, a union representative, another UO student, or a faculty member.
An advisor is someone who helps a student understand and navigate the investigation and resolution process. An advisor is not an investigator, advocate or representative of the party. An advisor may, on one occasion throughout the process, present a 5 minute or less brief summary of the student’s information at the beginning of the Administrative Conference. In all other instances throughout the resolution process, the advisor is a silent participant who may provide advice to a student but who may not advocate on behalf of a student, speak on behalf or instead of a student, or act in opposition to university policy during the course of the resolution of a complaint.
An advisor may not question witnesses, make statements, provide testimony or otherwise intercede in the proceedings. Rather, the student is expected to answer questions posed by the Decision-maker and otherwise respond to the allegations and other information presented. The Decision-maker reserves the right to remove any advisor from the process who distracts, derails, impedes or disrupts any part of the resolution process. Misconduct by an advisor may subject the student to additional student conduct allegations. If the Decision-maker determines that a student’s advisor has engaged in unreasonable, disruptive, harassing or retaliatory behavior, the Decision-maker may require the student to proceed without an advisor or require the student to identify a new advisor. For more information regarding advisors, please visit: https://uodos.uoregon.edu/Portals/0/Conduct/Advisors.pdf
(16) Bias: If a student believes a Decision-maker is biased, the student may make a request for a new Decision-maker as set forth in Student Conduct Code Section 2(g) and Section 3(III)(2)(c). Requests must be made at least one day prior to the relevant meeting or Administrative Conference. The fact that the Decision-maker investigates the allegations and also makes a final decision in the matter shall not be considered information that the Decision-maker is biased. The university may also determine that a Decision-maker or appeals officer is biased and appoint a new Decision-maker or appeals officer.
(17) Failure to Comply: If a party or other participant in the process (e.g. an advisor) fails to comply with the procedures set forth in this policy and procedure, including through a breach of the privacy requirements set forth in Section 19, the university reserves the right to terminate the process and find an alternative means to resolve the matter, and/or to exclude a participant from further participation in the process. The Title IX Coordinator and/or the Director are responsible for interpreting this provision. The process will not be terminated nor will a participant be excluded without providing advance written notice and affording an opportunity to respond in writing. Nothing in this section is intended to remove the university’s obligation to end the harassment, prevent its recurrence and remedy its effects. This section shall not impact a student’s rights under controlling state or federal law.
(18) Retaliation: Retaliation is not permitted under university policy or law. Any act of retaliation against any individual participating in any part of this process may subject the party of participant engaging in retaliation to further disciplinary procedures. Retaliation includes any attempt to intimidate any party, witness or participant in this process. Any act of retaliation should be reported to the Title IX Coordinator or the Director.
(19) Safeguarding of Privacy: All parties and their advisors involved in an Administrative Conference are required to keep the information learned in preparation for the Administrative Conference and at the Administrative Conference private. No copies of documents provided are to be made, shared with any third parties, or posted publicly. All copies provided must be returned to the university at the conclusion of the Administrative Conference and any appeals. Any breach of this duty is subject to further disciplinary action by the university. The limitations set forth in this section shall not impact a student’s right under FERPA to access a student’s education records.
(20) Exceptions: Students may request exceptions to these procedures by submitting a petition to the Decision-maker. In order to be considered, petitions must provide a basis for the exception and be received by a date that gives the Decision-maker a reasonable amount of time to consider the request. In consultation with the Title IX Coordinator, Decision-makers have the discretion to deny or grant a student’s petition. For good cause and in consultation with the Title IX Coordinator, a Decision-maker may also make an exception to these procedures. If exceptions are made, notices explaining the exceptions will be sent to the parties.
(21) Honest Participation: All parties and witnesses are obligated to be honest and forthright during the course of the investigation and Administrative Conference. Any person who knowingly makes a false statement in connection with the investigation and resolution of the matter may be subject to disciplinary action. False statements include statements that omit a material fact as well as statements made that the speaker knows to be untrue.
(22) Harassment: “Harassment” as defined under the Student Conduct Code includes “other types of prohibited discrimination, discriminatory harassment, and sexual harassment as defined by law.” Sexual assault, dating and domestic violence, gender-based harassment and bullying, and stalking are considered forms of sexual harassment under the law. The following definitions apply:
A.. Sexual Assault: Sexual assault includes any conduct that involves non-consensual sexual penetration or nonconsensual personal contact, referred to and defined as Sexual Misconduct under the UO Student Conduct Code.
B.. Domestic Violence: Abuse between family or household members.
1. Family or household members: Spouses or former spouses; adults related by blood, marriage or adoption; persons cohabitating or who have cohabitated; persons in a past or present sexually intimate relationship; unmarried parents of a child.
2. Abuse: The occurrence of one or more of the following acts within a domestic or dating relationship:
a. Attempting to cause or intentionally, knowingly or recklessly causing bodily injury.
b. Intentionally, knowingly or recklessly placing another in fear of imminent bodily injury.
c. Causing another to engage in involuntary sexual relations by force or threat of force.
C. Dating Violence: Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the complainant.
1. The existence of such a relationship shall be determined based on the complainant’s statement and with consideration of the length of the relationship, the type of relationship, and the frequency of the interaction between the persons involved in the relationship.
2. For the purpose of this definition-
a. Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse.
b. Dating violence does not include acts covered under the definition of domestic violence.
D. Gender-based Harassment and Bullying: Gender-based harassment and bullying means any act that:
1. Substantially interferes with a student’s educational benefits, opportunities, or performance;
2. Has the effect of:
a. Physically harming a student or damaging a student’s property;
b. Knowingly placing a student in reasonable fear of physical harm to the student or damage to the student’s property; or
c. Creating a hostile educational environment, including interfering with the psychological well-being of a student; and
3. May be based on, but not be limited to, the sex, sexual orientation, or gender identity of the student.
Gender-based harassment and bullying includes cyberbullying, which means the use of any electronic communication device to perform gender-based harassment or bullying.
E. Stalking: Stalking occurs when
1. a person knowingly alarms or coerces another person or a member of that person’s immediate family or household by engaging in repeated and unwanted contact with the other person;
2. it is objectively reasonable for a person in the complainant’s situation to have been alarmed or coerced by the contact; and
3. the repeated and unwanted contact causes the complainant reasonable apprehension regarding the personal safety of the complainant or a member of the complainant’s immediate family or household.
Updated January 3, 2016