1. Seeking Medical Assistance

Experiencing any form of sexual misconduct, especially acts of violence, is difficult and overwhelming. Reporting parties often experience a range of emotions, including fear, anxiety, and confusion and may be unsure of what they want to, or should do, next. Regardless of whether the individual chooses to report the incident, the University strongly encourages reporting parties of any form of violence to seek medical attention as soon as possible even if they feel no injury was sustained. Medical assistance providers can treat visible physical injuries and identify injuries that may not be visible, and, where appropriate, also test for and treat sexually transmitted infections, test for pregnancy, and provide emergency contraception (if requested). In addition, a hospital can test for the presence of alcohol or drugs (e.g., "date rape" drugs) and perform a rape evidence collection procedure (see Procedures Section 2), which are also strongly recommended to maintain all legal options. Medical services are available from the following resources on or near La Sierra University:

La Sierra University Health Services

Evidence collection kit cannot be provided. Location: Student Health Services
Phone: 951.785.2200 (if after hours, call Security at 951.785.2222)
Website: https://lasierra.edu/health-services/
(for regular hours of operation and 24-hour emergency contact info)

Riverside Community Hospital, Emergency Dept. (24 hours)

Evidence collection kit (Sexual Assault Forensic Examination, SAFE) available. Location: 4445 Magnolia Ave, Riverside CA 92501
Phone: 951.788.3000 (emergency room)
Website: http://riversidecommunityhospital.com/

Corona Regional Medical Center, Emergency Dept. (24 hours)

Evidence collection kit available. (Only SANE – exam performed by a nurse). Location: 800 S. Main St., Corona CA 92882
Phone: 951.737.4343
Website: http://www.coronaregional.com/

Kaiser Permanente Riverside Medical Center, Emergency Dept. (24 hours)

Evidence collection kit cannot be provided. Location: 10800 Magnolia Ave, Riverside CA 92505
Phone: 951.353.2000 Under California law, medical personnel are required to alert police when it reasonably appears that the person requesting treatment has sustained an injury as a victim of a criminal offense, including sexual assault or violence, but individuals have the right to refuse to speak to police.

2. Preserving Evidence

Many sexual misconduct offenses also are crimes in the state or locality in which the incident occurred. For that reason, reporting parties of sexual misconduct often have several legal options that they can pursue. These options are available solely at the discretion of reporting parties, who may change their minds about pursuing them at any time. For example, a reporting party may seek a protective order from a court against the responding party(s); pursue a civil action against the responding party(s); and/or participate in a law enforcement investigation and criminal prosecution of the responding party(s). Regardless of whether an incident of sexual misconduct is reported to the police or the University, La Sierra University strongly encourages individuals who have experienced sexual misconduct to preserve evidence to the greatest extent possible as this will best maintain all legal options for them in the future. Additionally, such evidence may be helpful in pursuing a complaint with the University. While the University does not conduct forensic tests for parties involved in a complaint of sexual misconduct, the results of such tests that have been conducted by law enforcement agencies and medical assistance providers may be submitted as evidence that may be considered in a University investigation or proceeding provided they are available at the time of the investigation or proceeding. Below are suggestions for preserving evidence related to an incident of sexual misconduct. It is important to keep in mind that each suggestion may not apply in every situation.

General evidence preservation suggestions

• Do not alter, dispose of, or destroy any physical evidence
• If there is suspicion that a drink may have been drugged, inform a medical assistance provider and/or law enforcement as soon as possible so they can attempt to collect possible evidence (e.g., from the drink, through urine or blood sample).
• Preserve evidence of electronic communications by saving them and/or by taking screenshots of text messages, instant messages, social networking pages, or other electronic communications, and by keeping pictures, logs, or copies of documents that relate to the incident and/or the responding party.
• Even if reporting parties choose not to make a complaint regarding sexual misconduct, they should nevertheless consider speaking with law enforcement to preserve evidence in the event that they change their mind at a later date.

Evidence preservation suggestions specific to sexual assault

• Because some evidence, particularly evidence that may be located on the body, dissipates quickly (within 48-96 hours), individuals who have been sexually assaulted and wish to preserve evidence should go to a hospital or medical facility immediately to seek a medical examination and/or evidence collection. VAWA mandates that rape victims cannot be forced to pay for their own rape examination or for services of protective order.
• Individuals who have been sexually assaulted should not shower, bathe, douche, smoke, brush teeth, eat, drink, or change clothes or bedding before going to the hospital or seeking medical attention.
• Individuals who have been sexually assaulted decide to change clothes or bedding, they should not wash the clothes worn or bedding used during the assault and should bring them to a hospital, medical facility or the police in a non-plastic bag (e.g., paper bag).
• In California, individuals who have been sexually assaulted may allow the collection of evidence even if they choose not to make a report to law enforcement after the evidence is collected. A sexual assault evidence collection kit may not be released by a California hospital without written consent from the reporting party.

3. Confidential Support, Advocacy, & Counseling Services

The following resources are available for individuals to discuss incidents and issues related to sexual misconduct on a confidential basis. Confidential resources (e.g. licensed health center employees, psychologists, pastoral counselors, mental health counselors) cannot and will not disclose information about incidents of sexual misconduct to anyone, including law enforcement or the University, except in very limited situations, such as when failure to disclose the information would result in imminent danger to the individual or to others or where state law requires a report be made. Confidential resources can provide reporting parties with information about support services and their options. Because of the confidential nature of these resources, disclosing information to or seeking advice from a confidential counselor does not constitute a report or complaint to the University and will not result in a response or intervention by the University.

On-Campus Confidential Resources

Off-Campus Confidential Resources

4. The University’s Reporting Obligations

Internal reporting obligations

All University employees, except confidential resources as described in the prior section, must immediately report all known information about suspected prohibited conduct to the Title IX Office. This includes the name of the parties and known details of the conduct. This duty applies no matter how the information is learned; whether from direct report from an affected party, from social media, or from a concerned third party. The purpose of this requirement is to permit the University to take immediate and corrective action to address allegations of prohibited conduct. Employees who fail to make a timely report of prohibited conduct may be subject to disciplinary action that may include, but is not limited to, the sanctions listed in Procedures Section 7B, up to and including exclusion, expulsion, or dismissal from the University, and termination of employment, including revocation of tenure. Further, the University encourages students and third parties who have observed or been made aware of sexual misconduct to report the incident to the Title IX Coordinator for investigation.

External reporting obligations

Law Enforcement: All University employees are required to immediately report any suspected child abuse and neglect, including any and all incidents of sexual misconduct involving minors to Riverside County Child Protective Services at 1-800-442-4918 and local law enforcement. The source of the abuse need not be known. It is not the responsibility of anyone other than Child Protective Services and law enforcement to investigate suspected abuse. Employees are required to also report the suspected abuse to the Title IX Coordinator and Campus Safety. Clery Act: The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act requires mandated reporters (e.g. certain members of student services departments, campus law enforcement, local police, residence life staff, student activities staff, human resources staff, advisors to student organizations and any other official with significant responsibility for student and campus activities) to report certain misconduct for federal statistical reporting. No personally identifiable information, including addresses, is disclosed, but statistical information must be passed along to campus law enforcement regarding the type of incident and its general description for publication in the annual Campus Security Report. The University is required to issue immediate timely warnings for incidents reported to them that are confirmed to pose a substantial threat of bodily harm or danger to members of the campus community. For purposes of the Timely Warning requirement, the University does not disclose a reporting party’s name. Enough information will be provided to allow the campus community to make appropriate decisions about their safety. FERPA: The outcome of a campus investigation is part of the educational record of the responding party, if they are a student, and the employee record if they are a faculty or staff member. The Family Educational Rights and Privacy Act protects the educational records of students from release. The University complies with FERPA regulations regarding the privacy of student records and observes the following exceptions to FERPA as mandated by the Clery Act:

• The reporting party in a non-consensual sexual contact/intercourse incident has the right to be informed of the finding, and sanction(s) of the investigation, in writing, without condition or limitation;
• The reporting party in sexual exploitation, sexual harassment, stalking, intimate partner violence and any other gender-based offense has the right to be informed of the finding, in writing, and to be informed of any sanction(s) that directly relate to them, and to essential facts supporting the outcome when the outcome is “responsible” and/or it is equitable to share the essential findings with all parties;
• The Clery Act permits the University to release publicly the name, nature of the violation and the sanction(s) for any student who is found in violation of a University policy that is a "crime of violence," including arson, burglary, robbery, criminal homicide, sex offenses, assault, intimidation (which may encompass stalking and/or bullying), hazing, destruction/damage/vandalism of property and kidnapping/abduction. The University will release this information to the reporting party in any of these offenses regardless of the outcome.

5. Reporting Prohibited Conduct to the University

While the University strongly encourages reporting, members of the University community who believe they have experienced sexual misconduct have the right to choose whether or not to report the incident to the University or law enforcement and pursue a sexual misconduct complaint. The information below provides information for individuals who wish to report incidents of sexual misconduct. An individual who has experienced sexual misconduct has the right to report the incident directly to the Title IX Coordinator for investigation. The University has designated the Title IX Coordinator to oversee complaints of sexual misconduct involving students, staff, faculty and third parties. The Title IX Coordinator is specially trained to work with individuals who report sexual misconduct and have knowledge about on-campus and off-campus resources, services, and options, including the availability of interim protective measures and accommodations discussed in Procedures Section 5. A report of sexual misconduct or retaliation will be routed to the Title IX Office for investigation, regardless of where the report is initially directed.

Title IX Coordinator

(Sexual misconduct complaints against students, faculty, staff, and third parties) Contact: Title IX Coordinator
Location: 11498 Pierce St., Suite DD, Riverside, CA 92505
Phone: 951.785.2849
Email: titleIX@lasierra.edu
Website: https://lasierra.edu/sexual-misconduct/ Online Sexual Misconduct Reporting Form:
https://lasierra.edu/sexual-misconduct/report/
Website: https://lasierra.edu/sexual-misconduct/

Amnesty for Sexual Misconduct Reporting Parties and Witnesses

La Sierra University encourages reporting of sexual misconduct and seeks to remove barriers to an individual/group making a report. The University recognizes that individuals who have been engaging in sexual conduct outside marriage, drinking or using drugs at the time of the incident may be hesitant to make a report because of potential consequences for their own conduct. Individuals who report sexual misconduct that was directed at them or another person, either as a reporting party, responding party or a third party witness, will not be subject to disciplinary action by the University for their own personal involvement in sexual activity, and/or consumption of alcohol or drugs at or near the time of the incident provided that any such violations did not and do not place the health or safety of any other person at risk. However, they will be asked to sign a statement indicating their awareness of the University's policy regarding sexual activity outside marriage, and/or the consumption of alcohol and drugs.

Reporting to law enforcement

La Sierra University encourages individuals to report incidents of sexual misconduct to local law enforcement officials. Timely reporting to the police is an important factor in successful investigation and prosecution of crimes, including sexual violence crimes, and may lead to the arrest of an offender or aid in the investigation of other incidents. An individual who has experienced sexual misconduct has the right to choose whether or not to file a police report. Filing a police report can result in the investigation of whether or not sexual violence or related crimes occurred and the prosecution of those crimes against a perpetrator. It is important to know that reporting the incident to police does not mean an individual is obligated to testify in court. The Riverside Police Department has officers who are specially trained to work with individuals reporting sexual violence. La Sierra seeks to cooperate with outside law enforcement, but it will not necessarily delay its investigation just because a police report has also been filed, as long as proceeding would not hinder legal process or proceedings. Reports of sexual misconduct made to Campus Safety and Security Patrol will automatically be reported to the Title IX Coordinator regardless of whether the individual who experienced the sexual misconduct chooses to press criminal charges.

Campus Safety and Security Patrol

Phone: 951.785.2222 (24 hours)

Riverside Police Department

Phone: 951.787.7911 (24 hours)

Corona Police Department

Phone: 951.736.2330 (24 hours)

6. Supportive and Protective Measures & Accommodations

Supportive and protective measures and accommodations (collectively referred to as “interim measures”) are reasonable measures the University can put in place to provide immediate support and added protection to an individual who reports having experienced sexual misconduct or retaliation at no cost to that individual. These measures can be temporary in duration pending the results of an investigation but can become permanent. The Title IX office typically consults with relevant University personnel before making a final decision on interim measures. Interim measures can be made available regardless of whether or not an individual chooses to report an incident to Campus Safety or local law enforcement or pursue a complaint with the University. No disciplinary action need occur before these options are available. Interim measures do not indicate that the University has reached any conclusion about the reported prohibited conduct. In situations where the reporting party wishes to remain anonymous and/or the responding party is unknown it may not be possible to implement certain interim measures, e.g., a no contact order would necessitate identification of the responding party. Interim measures include, but are not limited to the following:

• Imposition of a campus “no-contact” directive
• Housing or workspace change
• Modify housing contracts
• Adjustment of course schedules or employment schedules
• Alternate learning arrangements
• Alternative course completion options
• Withdrawal from class without penalty
• Reschedule or retake exams without penalty
• Reschedule assignments
• Time off from class or work, or a voluntary leave of absence
• Transportation arrangements
• Safety planning
• Access to counseling
• Access to medical providers
• Limit access to facilities/events
• Modify schedule to separate parties
• Campus escort
• Interim suspension
• University imposed leave
• Any other remedy that can be tailored to specific individuals to reasonably achieve the goals of this policy

The Title IX Coordinator, or designee, determines whether or not interim protective measures or accommodations are reasonable and should be implemented, and, if so, will work to ensure that interim protective measures or accommodations are implemented as appropriate. The University will keep confidential any accommodations or protective measures provided to the extent that maintaining such confidentiality would not impair the ability of the institution to provide the protective measures or accommodations. The Title IX office will advise Campus Safety of any order it may need to enforce, such as those related to no-contact or no access. The Title IX office will advise the relevant Administration or Faculty regarding academic accommodations. To seek an interim measure, please contact the Title IX Coordinator at 951.785.2849 or titleix@lasierra.edu. Violations of directives related to interim protective measures or accommodations may lead to an investigation and disciplinary action which may include, but are not limited to, the sanctions listed in Procedures Section 9B, including exclusion, expulsion, or dismissal from the University, and termination of employment, including revocation of tenure.

7. Initial Assessment / Intake Meeting with Title IX Coordinator

Upon receipt of a report of prohibited conduct, the Title IX office will contact the reporting party to request an intake meeting, explain his or her rights under this policy, reporting options and resources and referrals. In addition, a reporting party may contact the Title IX Coordinator and request a meeting. At the first intake meeting, the Coordinator will preliminarily gather general details about the incident and determine if the report alleges a potential violation of this policy and if interim action is needed. It is helpful if the reporting party brings documentation or evidence and a list of suggested witnesses to the meeting. The reporting party is permitted to bring an advisor to the intake meeting. Both parties are permitted to have an advisor of their choosing present at all meetings referenced in this policy. The Title IX Coordinator maintains a list of trained advisors. A reporting party may request anonymity or that the University take no formal action. The Title IX Coordinator will analyze and balance the reporting party’s request with the health and safety of the reporting party and University community and the need to advise the responding party of the allegations and provide him or her a reasonable opportunity to respond before discipline is imposed. If the University can satisfy its obligations to the reporting party, community and responding party without proceeding, the Title IX Coordinator has the discretion to do so. If the Title IX Coordinator decides that the investigation must proceed, the reporting party will be notified, but s/he is not required to participate. In that event, the University’s ability to investigate may be limited. The Title IX Coordinator shall decide about questions of anonymity and lack of action within two (2) days of receiving notice of any such request. The Title IX Coordinator will determine whether the report must proceed through the formal, investigatory process or whether it may proceed through informal resolution. Sexual assault or violence must be formally investigated. If the report is appropriate for informal resolution, the Title IX Coordinator will ask both parties if they will agree to an informal process. The informal resolution process is flexible and dependent on the specific situation; they will not all be approached uniformly and may include apologies, training, or reparations. There may be times when the informal process is no longer appropriate and the formal process may later be initiated. The decision to proceed with an investigation or not rests solely with the Title IX Coordinator and is typically made within 3 days of receipt of the report. The investigation shall be prompt, adequate, reliable and impartial. Most investigations will be completed within 60 days, excluding time for any appeal. However, witness availability, University breaks and vacation, a request by external law enforcement, or other good cause may result in an extension of the 60-day timeline.

8. Investigation Process and Outcome

The University's investigative and resolution processes of reports of violations of this policy will be prompt, fair, thorough and impartial. The procedures set forth herein are intended to afford a prompt response to reports of sexual misconduct, to maintain privacy and fairness consistent with applicable legal requirements, to provide equal treatment to the parties, and to impose appropriate sanctions on violators of this policy. Complaints of sexual misconduct and retaliation will be investigated and resolved in accordance with this policy. Because such allegations can sometimes raise novel issues and involve competing interests, the University reserves the right to take reasonable actions to address those issues in a manner that is consistent with the spirit of this policy, that preserves fairness for both parties, and that maintains the integrity of the investigation and resolution processes. Set forth below are the typical steps that occur once the Title IX Coordinator makes a determination to proceed with a Title IX investigation:

1. Assigning an Investigator. The Title IX Coordinator will assign an appropriately trained (including training regarding trauma informed interviewing techniques) and experienced investigator or investigator team (either internal or external) within 2 days of the determination to undertake an investigation. The University may rely upon any Title IX Coordinator for any institution other than La Sierra University, or any person who has previously served as a La Sierra University Title IX Coordinator, or La Sierra University Title IX Investigators, or designees, or outside investigators to conduct investigations. The Title IX Coordinator will remove and replace any investigator whom the Title IX Coordinator determines is biased or has a conflict of interest against either party or is not performing duties in a timely or professional manner. The investigator(s) and the Title IX Coordinator will establish a timeline for completion of each segment of the investigation.
2. Standard of Review. The Title IX investigation procedure will determine findings of fact using the "preponderance of the evidence" standard (i.e., it is more likely than not that the Prohibited Conduct occurred).
3. Cooperation. All La Sierra University employees will fully cooperate in the investigation process and to provide only truthful information. All La Sierra University students and community members are expected to fully cooperate in the investigation process and to provide only truthful information. Students have the right not to incriminate themselves without an adverse inference being drawn.
4. Notice of Investigation. The investigator will advise the responding party of the allegations against him or her in writing (Notice of Investigation). A copy of the Notice of Investigation will also be provided to the reporting party. The responding party will be provided the same information regarding rights under the policy, resources and referrals, etc. as was provided to the reporting party. The investigator will respond to additional allegations of harassment or retaliation that are reported during the investigation and multiple complaints may be consolidated into one investigation.
5. Opportunity to Participate. Both the responding and the reporting parties will have an opportunity to respond to the Notice of Investigation in writing and/or in an in-person meeting with the investigator during which they will be asked questions about the incident and asked to explain their version of the events. Both parties have the right to request that the investigator meet with relevant witnesses and evaluate relevant documentary or other evidence. The investigator will make the determination about what evidence to collect and which witnesses should be interviewed. Follow-up interviews with the parties may be warranted so they may respond to new information or to allow the investigator to attempt to resolve inconsistencies or questions. After the interview, witnesses will be provided a copy of the investigator’s interview notes to review and correct. This can be accomplished at the conclusion of the interview by allowing the witness to review the contemporaneous notes of the investigator. In this instance, no copy will be provided.
   Advisor of Choice. All reporting and responding parties under this policy may be accompanied by one advisor of their choice throughout the investigative process to provide support. An advisor may not speak for the student, participate in the investigative process, or interfere with or disrupt the process, but they may request to briefly suspend an interview for brief consultation. The Title IX Coordinator has the right to determine if the advisor is acting appropriately and take steps necessary to ensure compliance with the policy, up to and including removing the advisor from the proceedings. Advisors who do not abide by these guidelines may be excluded from the process. Prior to attending an interview or otherwise participating in the University’s investigatory process, the advisor will be required to sign a Confidentiality Agreement for Advisors which provides that any confidential student information s/he learns in the advisor role will be kept confidential.
   To enhance the integrity of the investigative process and help ensure fairness for all parties, advisors cannot be a witness to or party in the matter or a related matter, or an attorney functioning as legal counsel. An attorney will only be permitted in a non-participatory advisor role at the party’s own expense.
6. Evidentiary Determinations. Investigators have broad discretion in determining whether an offered witness or documentary evidence would be relevant or helpful to a determination. For example, investigators might decline to a speak to an offered witness because 1) there is insufficient evidence to conclude that the person could have relevant information to the factual determination of the matter; 2) the information to be solicited would be repetitive; and/or 3) the need for the confidentiality outweighs the importance of the information. Similarly, investigators might decline to seek or review documentary evidence because 1) the University does not have the expertise to consider certain scientific evidence; 2) the information is repetitive; 3) cost considerations outweigh the importance of the information; and/or 4) confidentiality concerns outweigh the importance of the information.
   Investigators make credibility determinations of witnesses based on demeanor, ability to recall, corroboration, past record, plausibility and motive. These determinations will be documented in the Investigative Report.
   Generally, character evidence is inadmissible. The past sexual history of any witness or party is inadmissible and will not be considered unless it is directly relevant and close enough in time to the report (e.g. responding party’s past record, prior history of consent between the parties to determine how communicated previously, to prove a material fact such as explaining a physical injury or finding). The existence of a current or ongoing relationship between the parties is not determinative of consent. Character regarding sexual activity is always inadmissible.
   The investigator may conclude that it is more likely than not that conduct occurred based solely on credibility, with or without an eye-witness or corroborating physical evidence.
   Although medical information is private, it is a witnesses’ decision whether or not to provide it if it contains relevant information. No negative inference will be drawn if a witness declines to provide private information.
7. Review by Title IX Coordinator. Within thirty (30) days of the date of the Notice of Investigation, the investigator will provide a written preliminary report setting forth the relevant facts gathered and representing that s/he believes the fact gathering is complete. The Title IX Coordinator will review the report to confirm that it is complete. S/he may request further fact gathering from the investigators.
8. Confidential review by the parties. The preliminary report will be made available to the parties for their review.. Within five (5) days of the viewing, the parties may provide written feedback to the investigator regarding any requested additional fact gathering. The investigator and Title IX Coordinator will evaluate any such request and determine whether additional fact gathering should be undertaken. If undertaken, a final preliminary report will be made available to the parties for their review..
9. Investigative Review and Findings Meeting. If no additional fact gathering is determined to be necessary, the preliminary report will form the basis for a final report, which includes the investigator’s factual conclusions, i.e. whether or not a preponderance of the evidence supports a finding that the responding party engaged in the conduct reported and the rationale for such conclusion. The final report will be provided to the Title IX Coordinator to review. Once the Final Investigative Report has been generated and reviewed by both parties, each party will be notified in writing that an Investigative Review and Findings meeting will be scheduled within five (5) business days.. At that time, the Title IX Coordinator will determine what, if any, sections of this policy were violated.
   The Investigation Review and Findings Meeting will include the investigator(s), two trained community representatives appointed by the Title IX Coordinator, and the Title IX Coordinator. Community representatives include faculty and staff members from the University who have received training from the University to serve in the role of community representatives. The Title IX Coordinator chairs the Investigation Review and Findings Meeting and sends notification to each party that each party will have an opportunity to present a written statement in advance of the Investigation Review and Findings Meeting and to make a statement at the Investigation Review and Findings Meeting (if they choose to participate in person in the meeting). Any written statement submitted by a party in advance of the meeting will be shared with the other party, and each party will have an opportunity to hear any statement by the other party. The Title IX Coordinator will structure the meeting format to minimize or avoid any undue stress or burden on the other party, but to allow each party to hear each other’s statement (such as participation by Skype or other means).
   At the conclusion of any statements from either party, both parties will be excused from the Investigation Review and Findings Meeting. The investigator(s) will then review the Final Investigation Report with the community representatives, and each community representative will generally be free to ask any questions that s/he believes are relevant to understanding the relevant facts and circumstances. The Title IX Coordinator will monitor any questioning to insure that such questions or discussion does not violate the process of the underlying policy (e.g., questions related to past sexual history, etc.).
   At the conclusion of this review process, the investigator(s) and community representatives will make such findings of fact by majority vote and by a preponderance of the evidence as are necessary to determine whether the respondent was responsible for the alleged violation of the policy. The investigator(s) and each community representative have a single vote, and a majority vote is required to find the respondent responsible for the alleged misconduct.
10. Appeals Process. An appealing party will have five (5) business days to submit the written appeal to the Title IX Coordinator. An appeal is not intended to be a new investigation of the complaint, nor is it an opportunity to refute, or express dissatisfaction with, the outcome of the Investigation Review and Findings Meeting. The Title IX Coordinator will appoint a trained internal or external appeal officer to conduct a fair and impartial review of any appeals. In any request for appeal, the burden of proof lies with the party requesting the appeal, as the original findings of fact are presumed to have been decided reasonably and appropriately.
    The appeal officer will determine, in consultation with the Title IX Coordinator as appropriate, whether any grounds for the appeal are substantiated. If the appeal officer determines that the appeal does not meet the standards under this process, the appeal officer will notify both the responding party and the reporting party of that outcome within ten (10) days. If the appeal officer determines that the appeal does meet the standards under this process, the appeal officer will take the appropriate action as follows:

• Procedural Error: If it is determined that a procedural error occurred which was substantially prejudicial to the outcome of the investigation, the appeal officer may return the complaint to the investigator(s) with instructions to correct the error, and to reconvene the Investigation Review and Findings Meeting to reconsider the findings as appropriate. In rare cases, where the procedural error cannot be corrected by the original investigator(s) (as in cases of bias), the appeal officer may order a new investigation with a new investigator(s). The results of a reconvened Investigation Review and Findings Meeting cannot be appealed.
• New Information: If the appeal officer determines that new information should be considered, the complaint will be returned to the investigator(s) to reconsider the complaint in light of the new information only, and to then reconvene the Investigation Review and Findings Meeting to reconsider the original findings as appropriate. The findings of the reconvened Investigation Review and Findings Meeting are not appealable.

Both parties in the appeal will generally be notified in writing of the outcome of the appeal within ten (10) business days of the original written appeal. The appeal officer’s decision is final and not subject to appeal.
 

9. Resolution of Alleged Violations of the Sexual Misconduct Policy

If the University’s investigation results in a finding of a policy violation by a student, staff or faculty member, or outside party, disciplinary action will result.

A. Standard of review

University uses the preponderance of the evidence (A requirement that more than 50% of the evidence points to something) standard to determine violations of this policy.

B. Sanctions, corrective actions, and remedies

Violations of the policy may result in sanctions and corrective actions, which can include, but are not limited to the following:

• Verbal warning
• Written warning
• Campus access restrictions
• Advisory letter
• Monitoring
• Disciplinary hold on academic and / or financial records
• Performance improvement / management process
• Required counseling or therapy
• Loss of oversight, teaching or supervisory responsibility
• Disciplinary probation
• Degree revocation
• Demotion
• Loss of pay increase
• Transfer (employment)
• Restitution
• Suspension with pay
• Suspension without pay
• Censure
• Removal from campus housing
• Revocation of admission or degree
• Required training or education
• No trespass order issued by RPD
• Revocation of offer (employment or admission)
• Disciplinary suspension (with respect to campus locations)
• No contact directive (with respect to an individual)
• Loss of privileges
• Exclusions
• Expulsion
• Termination of employment
• Revocation of tenure
• Termination of contract (for contractor)

The University may assign other sanctions as appropriate in each particular situation. More than one sanction may be imposed for a single violation. Suspension, expulsion and withdrawal pending disciplinary action are permanently noted on a student’s transcripts. Sanctions and corrective actions will be imposed consistent with this policy. In addition, the University may take steps to remediate the effects of a violation on victims and others. Following an investigation, the University may extend interim protective measures and accommodations, and/or take other measures to eliminate any hostile environment caused by the sexual misconduct, prevent the recurrence of any sexual misconduct, and remedy the effects of the sexual misconduct on the reporting party and the University community. Such measures may include, but are not limited to, the interim measures referenced in Procedures Section 6, as well as counseling, training, and other preventative measures.

10. Educational Training, Awareness, and Prevention Programs

The University offers a variety of training, awareness and prevention programs to help prevent sexual misconduct within the La Sierra University community. The University strives to ensure that such programming is culturally relevant; inclusive of diverse communities and identities; sustainable; responsive to community needs; informed by research or assessed for value, effectiveness, or outcome; and considers environmental risk and protective factors as they occur on the individual, relationship, institutional, community, and societal levels.

Policy History/Revision Dates

Origination Date: July 1, 2015

Revised Date: November 2, 2015

Revised Date: September 14, 2016