Download a Printable Version of Policy This policy applies to all Members of the University Community, including employees, students, affiliates, affiliate faculty, volunteers, contractors, vendors, customers, visitors to the University, and participants in a University-sponsored program or activity.
Discrimination on the basis of any protected class is addressed in University Policy Non-discrimination and Anti-harassment. Boise State University is committed to maintaining a working, learning, and campus living environment in which all Members of the University Community are treated with dignity and respect. The University strives to create an environment that supports, encourages, and rewards career and educational advancement on the basis of ability and performance. Accordingly, Boise State prohibits Discrimination on the basis of sex, sexual orientation, gender, gender identity and pregnancy.
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The University will promptly and fairly investigate allegations of Sexual Harassment and Retaliation in accordance with this policy. Discrimination, as defined under University Policymay also be investigated pursuant to this policy at the discretion of the Title IX Coordinator, or deee, as provided below. Boise State values the equal dignity of all members of its community and strives to balance the rights of the Parties.
The Title IX Coordinator has the authority to investigate and address patterns of conduct or issues identified in campus climate surveys.
A person who is chosen by a Party or appointed by the University to accompany and advise the Party throughout the Resolution process. During any live hearing, each Party must have an Advisor present to ask the questions. If a Party does not have an Advisor during live questioning, the University will appoint one.
Means of Coercion may include, but are not limited to pressure, threats, emotional intimidation, or the use of physical Force. An individual who reports, or is reported to have experienced conduct prohibited under this policy regardless of whether the individual makes a report or seeks disciplinary action. Gender Equity Center and University Health Services dating and counseling staff who learn of a potential violation under this policy while performing services in the scope of their employment as d clinicians, and graduate students in Counselor Education who are acting as counselors in a practicum course.
Confidential Resources are not Mandatory Reporters as defined by this policy; however, they must still aggregate anonymized data to provide to the Title IX Coordinator at the end of each semester. Voluntary, informed, and freely-given agreement which may be withdrawn at any time to engage in a course of conduct. Consent is demonstrated through words or actions creating clear permission of willingness to engage in mutually agreed-upon sexual activity.
Neither silence, the absence of resistance, nor the existence of a prior consensual sexual relationship are sufficient to indicate Consent. A person who is Incapacitated by alcohol or illegal or prescription drugs, unconscious, or asleep cannot give Consent. Agreement to engage in a course of conduct shall not be considered as freely given and shall not constitute Consent when it is Sex through harassment, Coercion, threats, or other forcible conduct.
An individual under sixteen 16 years of age cannot give Consent for sexual idaho. Those may who are sixteen 16 or seventeen 17 years of age may only Consent to sexual encounters with partners who are less than three 3 years older. Treating an individual or group differently or less favorably on the basis of a protected class as defined by University Policy Non-discrimination and Anti-harassment.
Locations, events, or circumstances where the University exercises substantial control over both the Respondent and the context in which the Sexual Harassment or Discrimination occurs and also includes any building owned or controlled by a student organization e.
Force also includes threats, intimidation implied threatsand Coercion that is intended to overcome resistance or produce Consent e. Force is a type of Coercion. A document filed by a Complainant or ed by the Title IX Coordinator alleging Sexual Harassment against a Respondent and requesting that the University conduct an investigation. When filed by a Complainant, the formal complaint must have a physical or digital ature, or otherwise indicate that the Complainant is filing a formal complaint.
A formal complaint must be filed before a formal or informal resolution may be sought. A conclusion by a preponderance of the evidence of whether alleged idaho occurred and if so, whether it constituted a violation under this policy. A conclusion by a preponderance of the evidence that the conduct did or did not occur as alleged. A method of formal resolution deated by the University to address conduct that falls under this policy and which complies with the requirements of 34 CFR Part The University reserves the right to hire external, neutral experts to serve this function when necessary.
States of Incapacitation may include unconsciousness, sleep, and blackouts. An individual is Incapacitated if it is demonstrated that the individual was unaware at the time of the incident where they were, how they got there, or why or how they became engaged in a sexual interaction. A determination of Incapacitation does not turn on technical or medical definitions, but instead focuses on whether a Complainant has the ability to make informed, rational judgments and decisions including giving Consent. Common and obvious warning s which indicate that a person may be Incapacitated or approaching Incapacitation may include slurred or incomprehensible speech, unsteady gait, combativeness, emotional volatility, vomiting, or incontinence.
For purposes of this policy, when alcohol is involved, Incapacitation is a state beyond drunkenness or intoxication, and when Sex use is involved, Incapacitation is a state beyond being under the influence or impaired by use of the drug. A person is not Incapacitated merely because may have been drinking or using drugs. Alcohol and drug use impact each individual differently, and determining whether an individual is Incapacitated requires a case-by-case determination.
In evaluating whether a person was Incapacitated for purposes of determining whether Consent was present, the University considers:. Did the person initiating sexual activity know that the other individual was Incapacitated? If not. Would a sober, reasonable person in the same situation have known that the other individual was Incapacitated? The person or persons charged to impartially gather facts about an alleged violation under this policy, compile evidence into an investigation report, and create a file of related evidence.
The Title IX Coordinator may retain an external Investigator to investigate any formal complaint under this policy. Any external Investigator must follow the same process as an internal Investigator pursuant to this policy. All University employees, except those defined as Confidential Resources, are Mandatory Reporters for purposes of this policy. Mandatory Reporters are not required to report information disclosed 1 at public awareness events e. The University may provide information about Title IX rights and available resources at public awareness events, and Institutional Review Boards may, as they deem appropriate, require researchers to provide such information to all subjects of approved projects.
With the exception of student employees, students are not Mandatory Reporters but are encouraged to report suspected violations of this dating.
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University employees, students, affiliates, affiliate faculty, volunteers, contractors, vendors, customers, visitors, and participants in a University-sponsored program or activity. A list of Officials with Authority can be found in Appendix F. An individual who reports alleged prohibited conduct but who is not the individual who is alleged to have experienced the prohibited conduct.
A consequence imposed by the University on a Respondent who is found to have violated this policy. This is commonly referred to as a quid pro quo. A non-inclusive list of examples can be found in Appendix B of this policy. Any sexual act directed against another person, without the Consent of the Complainant sincluding instances in which the Complainant is not able to give Consent. Penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the Consent of the Complainant.
Non-forcible sexual intercourse, between two persons who are related to each other, within the degrees wherein marriage is prohibited by Idaho state law.
Non-forcible sexual intercourse, with a person who is under the statutory age of Consent in the state of Idaho. Violence, on the basis of sex, committed by a person, who is in or has been in a social relationship of a romantic or intimate nature with the Complainant. For purposes of this definition, course of conduct means two or more acts. A list of examples of Stalking are included in Appendix B of this policy.
Non-disciplinary, non-punitive individualized services offered free to Complainants or Respondents regardless of whether a Formal Complaint has been filed.
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These measures are deed to restore or preserve equal access to an Educational Program or Activities without unreasonably burdening the other party. These measures include, but are not limited to counseling, extensions of deadlines or other course-related adjustments, modification of work or class schedules, campus escort services, mutual no contact orders between Parties, change in work, parking, or housing locations, leaves of absence, increased security and monitoring in certain areas of campus, and other similar measures.
Monday through Friday, excluding weekends, official University holidays, and University closures.
An individual who may have information relevant to a report of prohibited conduct. All Members of the University Community are responsible for following this policy to create a campus environment free from prohibited sex and gender-based Discrimination and Sexual Harassment.
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The University expects all Members of the University Community to avoid any behavior or conduct that could reasonably be interpreted as sex or gender-based Discrimination or Sexual Harassment. The Title IX Coordinator is also responsible for the periodic review and assessment of this policy and any related policies and procedures.
Where a complaint is brought by a University employee, the Title IX Coordinator, or their deee, has responsibility for determining whether that complaint should be investigated under this policy, or whether it should be investigated pursuant to University Policy Non-discrimination and Anti-harassment.
The Title IX Coordinator and any person involved in the Formal Grievance Process must act with independence and authority free from bias and any conflicts of interest.
To raise any concern involving bias, conflict of interest, misconduct, or Discrimination by the Title IX Coordinator, contact the Vice President for Compliance, Legal, and Audit at Concerns of bias, or a potential conflict of interest, misconduct, or Discrimination by any other person involved in the Formal Grievance Process should be raised with the Title IX Coordinator. All employees, except those identified as Confidential Resources, are Mandatory Reporters under this policy. When a Mandatory Reporter observes or otherwise becomes aware of allegations of Sexual Harassment, the Mandatory Reporter must notify the Title IX Coordinator of the conduct in accordance with this policy as soon as practical after learning of the potential violation.
All other Members of the University Community are encouraged to promptly report possible or actual violations of this policy. Confidential Resources will collect general aggregate data about potential violations of this policy including the nature and general location of the incidents.
Aggregate data must be reported to the Title IX Coordinator at the end of each semester. For more information, visit the Campus Security Services website. Members of the University Community must cooperate with the University in any investigation of allegations under this policy.