Policies Bias, Harassment and Discrimination Policies and Procedures

Bias-related incidents refer to language, images or behaviors that demonstrate bias against another person based on but not limited to his or her membership in a group, based on race, ethnicity, national origin, sex, gender identity or expression, sexual orientation, disability, age, religion, or an individual’s particular characteristics, role, or behavior.

Expression of ideas or points of view that may be offensive or inflammatory to some may not necessarily be a bias-related incident. The college values freedom of expression and the open exchange of ideas. This value of openness protects controversial ideas, but it does not protect harassment or expression of bias or harassment aimed at individuals that violate college policy.

Behaviors that harm (whether intentionally or unintentionally) an individual based upon their membership in a group listed above or have the purpose or effect of unreasonably or substantially interfering with an individual’s safety and security by creating an intimidating, hostile, or demeaning environment for education, work, or other activity authorized by the college may be harassment. Depending upon the severity or pervasiveness of the action, harassment could occur as a result of one act or may result from a series of acts that create a hostile environment.

Discrimination refers to specific conduct prohibited by law that unfairly treats people differently because of their characteristic or perceived characteristics that the law deems to be unrelated to merit. Harassment can be a form of discrimination as it can have the effect of unfairly excluding a person from their ability to fully participate in their educational or employment experience. Unlawful discrimination often results from bias. Bias-related incidents, however, do not always result in unfair treatment that violates nondiscrimination laws.

Unlawful sexual misconduct is a broad and overarching term used to identify the conduct that constitutes a form of sex discrimination which violates federal and state law, including Title VII of the Civil Rights Act of 1964; Title IX; Education Amendments of 1972 and college policy. Unlawful sexual misconduct covers a range of sexual acts committed by one person against another by use of coercion or intimidation or when the individual does not otherwise provide consent or is incapable of providing consent for reasons of age, unconsciousness, mental impairment, or ingestion of drugs, alcohol or other substance.  All unlawful sexual misconduct is prohibited and includes, but is not limited to sexual harassment, sexual violence, domestic violence, dating violence, sexual assault, stalking, and sexual exploitation. Unlawful sexual misconduct may be categorized as a Title IX complaint depending on the facts of the situation. If so, it is adjudicated under the Unlawful Sexual Misconduct Policies and Procedures. If not, it is adjudicated under the college’s Bias, Harassment and Discrimination Policy.

Both men and women are protected from sexual harassment, whether that harassment is perpetrated by a member of the same or opposite sex. Sexual harassment may be committed by a male or a female toward either a male or a female. 

There are three kinds of sexual harassment:

• Unwelcome sexual conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the institution’s education program, activity, educational or working environment (hostile environment) 

• Sexual assault, dating violence, domestic violence, or stalking (Clery Act/VAWA offenses)

• Employee conditions aid, benefit, or service of the institution on an individual’s participation in unwelcome sexual conduct (quid pro quo) 

Unwelcome sexual conduct may include, but is not limited to, the following: requests for sexual favors; verbal, physical, electronic or digital conduct or communication of a sexual or gender-based nature, persistent sexual slurs or jokes; repeated requests for an unwelcome sexual relationship; gestures or sounds, a pattern of widespread favoritism based on sexual relationships; pornographic or suggestive materials offensive to others; or unwelcome sexual touching. A hostile environment can exist by virtue of a combination of individual incidents that would not, individually, constitute sexual harassment. In order for these examples or other behaviors to constitute hostile environment harassment, the effect of the harassment must create an abusive or hostile environment, usually over a period of time, and must be severe, pervasive, and objectively offensive as determined by a reasonable person. Even one serious incident may, however, constitute sexual harassment, such as an occurrence of sexual assault.

Examples of quid pro quo sexual harassment include, but are not limited to, the following: a supervisor granting a promotion to an employee because the employee unwillingly engages in unwanted  sexual relations with the supervisor; a faculty member providing an undeserved failing grade to a student because the student refuses to have sexual relations with the faculty member.

Sexual assault is a term that covers a range of forcible or nonforcible sexual acts.  In general, the term “sexual assault” means any sexual act directed against another person without the consent of the person, including instances in which the complainant is incapable of giving consent.  Forcible sexual acts include forcible rape, forcible sodomy, sexual assault with an object, and forcible fondling of the private body parts of another person (buttocks, groin, breasts) for the purpose of sexual gratification.  Non-forcible sex offenses include incest and statutory rape.

Dating violence is a form of sexual violence and is violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The relationship existence is determined based on a consideration of the following factors: (1) the length of the relationship; (2) the type of relationship; and (3) the frequency of interaction between the persons involved in the relationship. Dating relationship means frequent, intimate associations primarily characterized by the expectation of affection or sexual involvement independent of financial considerations. Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse.

Domestic violence means felony or misdemeanor crimes of violence committed against one’s current or former cohabitant, spouse, former spouse, or person with whom the suspect has had a child or is having or has had a dating or engagement relationship or any other person protected under domestic violence law.

Stalking means a pattern of actions composed of more than one act over a period of time, however short, demonstrating a continuity of conduct, directed at a specific person that would cause a reasonable person to fear for her, his, or others' safety, or to suffer substantial emotional distress.  Stalking includes but is not limited to unwanted letters, emails, text and telephone messages; telephone calls; unwanted gifts; following an individual or frequently appearing at locations where the individual is located.

Sexual exploitation means taking non-consensual or abusive sexual advantage of another person for one’s own advantage or benefit, or to benefit or advantage anyone other than the one being exploited in a manner not covered under other prohibited behaviors as defined in this policy.  Examples of sexual exploitation include, but are not limited to surreptitiously observing another individual's nudity or intimate activity or allowing another to observe consensual intimate activity without the knowledge and consent of all parties involved; non-consensual sharing or streaming of images, photography, video, or audio recording of intimate activity or nudity, or distribution of such without the knowledge and consent of all parties involved; exposing one's genitals or inducing another to expose their own genitals in non-consensual circumstances. Sexual exploitation may be categorized as a Title IX complaint depending on the facts of the situation. If so, it is adjudicated under the Unlawful Sexual Misconduct Policies and Procedures. If not, it is adjudicated under the college’s Bias, Harassment and Discrimination Policy.

Sexual violence is one of the most severe forms of sexual harassment. Safety is of primary concern in situations of sexual violence. Under this policy it is defined as any actual, attempted, or threatened physical sexual act with another person without that person’s consent. It includes, but is not limited to sexual acts perpetrated by force (expressed or implied), or duress, deception, or coercion upon the victim. It includes acts referred to as “date rape” or “acquaintance rape,” and specifically includes sexual acts involving a victim who is incapable of giving consent due to age, disability, or intoxication by alcohol or drugs. Sexual violence generally will constitute a crime punishable under California statutes. The use of alcohol or drugs never makes the victim at fault for sexual violence. Sexual violence may be categorized as a Title IX complaint depending on the facts of the situation. If so, it is adjudicated under the Unlawful Sexual Misconduct Policies and Procedures. If not, it is adjudicated under the college’s Bias, Harassment and Discrimination Policy.

Nonconsensual sexual contact is defined as the intentional act of making sexual contact with the intimate body part of another person without that person’s consent. Intimate body parts include the sexual organs, the anus, the groin or buttocks of any person, or the breasts of a female. Some nonconsensual sexual contact may constitute sexual harassment. Generally, this is the case if the contact is brief and does not involve force or incapacitation. Nonconsensual sexual contact may be categorized as a Title IX complaint depending on the facts of the situation. If so, it is adjudicated under the Unlawful Sexual Misconduct Policies and Procedures. If not, it is adjudicated under the college’s Bias, Harassment and Discrimination Policy.

If you are not sure if you experienced a bias-related incident or harassment and/or would like to discuss the incident, please contact one of the following:

• Office of Student Life (805) 565-6028

• Intercultural Programs (805) 565-6125

• Counseling and Psychological Services (805) 565-6003

• Campus Pastor’s Office (805) 565-6170

• A trusted faculty or staff member (Some faculty and staff are considered Report Recipients and therefore are required to report information to the Compliance Officer. See Report Recipients list in this policy.)

The college encourages the prompt reporting of harassment, discrimination or bias-related incidents covered under this policy for resolution in accordance with the procedures as described here.  Reports may be made by the individual who experience harassment, discrimination or a bias-related incident or by someone who has a concern that possible harassment, discrimination or bias-related incident involving a student, faculty,  staff member, prospective student or applicant has occured. 

Reports to the college can be made at any time by using the on-line Bias Incident Reporting Form. Reports submitted through the Bias Incident Reporting Form go directly to the Compliance Officer (Dr. Edee Schulze, eschulze@westmont.edu). Alternatively, a report may be given directly (in person, telephone, mail, or  email) to any individual listed in the section below titled, “Report Recipients.”  The Compliance Officer must be contacted promptly by a Report Recipient. Emergencies may be reported to Campus Safety anytime by contacting  (805) 565-6222 or the On Call Resident Director at (805) 565-6273 (OCRD).

If a member of the Westmont community has a concern or has become aware of an instance of possible harassment, discrimination or a bias-related incident involving a student, faculty or staff member, sharing information about such an incident potentially covered under this policy with any of the following Report Recipients is considered reporting it to the college and will initiate the college’s response and resolution process under this Policy:

• Resident Directors

• Student Life Deans

• Faculty department chairs

• Director or Associate Director of Human Resources

• College employee supervisors

• Coaches 

• Directors of Off Campus Programs

• Vice Presidents

• Provost and Dean of the Faculty

• President

What you can Expect from the College 

• Meet with you promptly

• Treat you and your concern with respect and sensitivity

• Discuss your options

• Provide campus and community resources and support

• Request class, work or residence hall adjustments during the investigation and decision-making process

• Communicate information as appropriate

• Gather and preserve evidence

• Investigate case as appropriate

• Take  appropriate action

• Confidentiality to the extent possible

• Seek justice, richer understanding, and ultimately restoration of all involved.

Regardless of whether a complaint has been received, the college may, at any time and at its sole discretion, initiate an investigation of or take action against any harassment, discrimination or bias-related incidents occurring within the Westmont community. Requests of the reporting party to withhold her/his identity will be reviewed in light of the college’s responsibility to provide a safe and non-discriminatory environment for all community members. Any response by the college may be hindered by the complainant’s wishes for anonymity and/or inaction.