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V. POLICY STATEMENT

  1. General

    This Policy prohibits Sexual Misconduct as defined herein.  The School will respond promptly and effectively to reports of Sexual Misconduct and will take appropriate action to prevent, to correct, and when necessary, to discipline behavior that violates this Policy.

  2. Prohibited Acts

    CWSL strives to provide an educational, employment, and business environment free of all forms of sex discrimination, including, but not limited to unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct or communications constituting Sexual Misconduct, as defined in this Policy, the student Honor Code, the Student Handbook, the Employee Handbook, and as otherwise prohibited by state and federal statutes.

  3. Scope of Policy

    This Policy applies regardless of the complainant’s or respondent’s sexual orientation, sex, gender identity, age, race, nationality, religion or ability.

    Sexual Misconduct by non-CWSL employees and guests doing business or providing services on campus (e.g., contractors and vendors) is prohibited by this Policy.

    Conduct by an employee that constitutes Sexual Misconduct in violation of this Policy is considered to be outside the normal course and scope of employment.

  4. Gender Identity or Sexual Orientation Discrimination

    Harassment that is not sexual in nature but is based on gender, gender identity, sex- or gender-stereotyping, or sexual orientation is also prohibited by the School’s nondiscrimination policies if it denies or limits a person’s ability to participate in or benefit from educational programs, employment, or services.  While discrimination based on these factors may be distinguished from sexual harassment, these types of discrimination may contribute to the creation of a hostile work or academic environment.  Thus, in determining whether sexual harassment exists, the School may take into account acts of discrimination based on gender, gender identity, sex- or gender-stereotyping, or sexual orientation.

  5. Retaliation

    This Policy prohibits retaliation against a person who reports Sexual Misconduct, assists someone with a report of Sexual Misconduct, or participates in any manner in an investigation or resolution of a Sexual Misconduct report.  Retaliation includes threats, intimidation, reprisals, and/or adverse actions related to employment or education.

  6. Discipline and Corrective Actions

    The School will take reasonable steps to prevent the recurrence of any Sexual Misconduct and to minimize the impact on the complainant (and others, if appropriate).  Any member of the School community who is found to have engaged in Sexual Misconduct will be subject to appropriate discipline, up to and including expulsion, termination of employment or termination of their relationship with the School.  The School also may take any other corrective action that it deems appropriate under the circumstances.

    Discipline and/or corrective actions will also be appropriate if an investigation results in a finding that the complainant has knowingly made a false accusation.

  7. Free Speech and Academic Freedom

    This Policy is intended to define School standards and to outline the investigation and grievance processes when those standards are violated.  The prohibitions against discrimination and harassment do not extend to statements and written materials that are germane to the classroom or academic course of study.

  8. Jurisdiction

    This Policy applies to students, employees, volunteers, independent contractors and vendors.   The School requires reporting of all incidents of Sexual Misconduct, regardless of the alleged offender’s identity or position.  This Policy shall apply to conduct that occurs on School-owned or leased property and at School sponsored events, and to events on or off-campus that have sufficient ties to the School.  Students shall be responsible for their conduct from the time of application for admission through the awarding of a degree, as well as during periods between terms of actual enrollment, study abroad and leaves of absence or suspension.  Employees shall be responsible for their conduct from the time of application until their employment ends.

    The School has the authority to combine violations of different policies, like those in the Honor Code, the Student Handbook, or the Employee Handbook, that are related to the same incident under Title IX review, even though they may not be directly related to Sexual Misconduct.  The School encourages individuals who believe they have been subject to any Sexual Misconduct to clearly and promptly notify a supervisor, manager, or the Title IX Coordinator.  However, once a complaint or investigation is initiated under this Policy, it will supersede all other policies and will be used to resolve any and all other ancillary complaints arising out of the same or related incidents or allegations.

  9. Distribution of Policy

    As part of the School’s commitment to providing a working and learning environment free from Sexual Misconduct, this Policy shall be distributed widely to the School community.  The School will distribute this Policy to the students and employees by appropriate channels of communications, including posting it on an internet or intranet web site and directly notifying all students and employees of how to access the Policy by an exact URL address or link, and that they may request a paper copy.  The School will make preventive educational materials available to all members of the community and will provide incoming students with a copy of this Policy along with an informational pamphlet at a scheduled Title IX informational session as part of their orientation.

  10. Additional Enforcement Information

    The federal Equal Employment Opportunity Commission (“EEOC”) and the California Department of Fair Employment and Housing (“DFEH”) investigate complaints of unlawful harassment in employment.  The U.S. Department of Education Office for Civil Rights (“OCR”) investigates complaints of unlawful Sexual Misconduct by students in educational programs or activities.

    These agencies may serve as neutral fact finders and attempt to facilitate the voluntary resolution of disputes with the parties.  For more information, contact the nearest office of the EEOC, DFEH or OCR.