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Title IX

OREGON COLLEGE OF ART AND CRAFT
SEXUAL MISCONDUCT POLICY AND PROCEDURES
IMPORTANT INFORMATION FOR SURVIVORS OF SEXUAL ASSAULT

If you or someone you know may have survived a sexual assault, you are strongly encouraged to seek immediate assistance.

Emergency assistance can be obtained by calling 911.
Support can be reached 24 hours a day, 7 days a week by calling
the Sexual Assault Resource Center help line at 503.640.5311.

 

During business hours (9am – 5pm, Monday through Friday, you are strongly encouraged to contact:
OCAC’s Title IX Coordinator, Eric Goodwin, MS, NCC.
Phone: 971.255.4139
E-mail: egoodwin@ocac.edu
Or in person: Admissions Building

Carlyn Glaser, Licensed Professional Counselor
Phone: 860.874.7438
E-mail: carlyglaser@yahoo.com

Procedures for Survivors
What to Do If You Are Raped or Sexually Assaulted

1. Go Somewhere Safe
If you feel in danger, call 911. Seek emotional support from friends, trusted staff or faculty, or one of the agencies listed below.

2. Get Medical Attention Immediately 
You may take a friend or survivor advocate with you to the hospital. Trained advocates are available 24 hours a day at the Portland Women's Crisis Line 503-235-5333.

Not all injuries are immediately evident, so seek medical attention. Do not change clothes, bathe, shower, or douche before going to the hospital. Doing so may destroy important medical evidence. If you have changed clothes, bring your soiled clothing with you for evidence collection. Forensic evidence may be collected up to 72 hours after an assault. The nearest hospital in the vicinity of the College (which may not be the one closest to you) is Providence St. Vincent Medical Center, 9205 SW Barnes Road, 503-216-1234. St. Vincent has facilities for Sexual Assault Forensic Exams (SAFE). In addition, so do the following:

OHSU Emergency Room 3181 SW Sam Jackson Park Road, Portland, OR 97239. 503-494-7551
Legacy Emanuel Emergency Room 2801 N. Gantenbein St, Portland, OR 97227. 503-413-4121
Providence Portland Medical Center, 4805 NE Glisan Street, Portland, OR 97213. 503-215-6000

Even if you don't seek medical attention for legal reasons, it is still important to access and treat any injuries and determine the possibility of pregnancy or sexually transmitted infections.
You may also get treatment from a medical professional of your choice.

3. Seek Counseling
Whether or not you choose to report the rape or harassment, you should consider seeking some support or counseling. Even if you think you can handle this yourself, counseling can provide additional support in a confidential setting.

Consultations with the Licensed Professional Counselor, Carlyn Glaser, and with community agencies are confidential and will not initiate an official report or investigation without your permission as long as there is no continuing threat to health and safety for yourself or the community. If you have questions or doubts about your readiness to make an official report, you may want to discuss an incident with one of these confidential resources first.

4. Report the Assault
It is your decision whether to report a rape to the police or designated college staff person but you are encouraged to do so. The college will make every possible effort to avoid unnecessarily revealing a survivor’s identity during the course of any investigation that may result from a reported assault. On campus you may report the assault to the Title IX Coordinator, Eric Goodwin or any Responsible Employee (see definition below).

Sexual Misconduct Policy

I. INTRODUCTION

A: Nondiscrimination Statement
OCAC values the individual dignity of each student, employee, volunteer, and job applicant. OCAC does not discriminate on the basis of race, color, religion, sex, national origin, marital or parental status, sexual orientation, gender identity, gender expression, veteran status, age, disability, or any other basis prohibited by local, state, or federal law.

Title IX

As a recipient of federal funds Oregon College of Art and Craft is required to comply with Title IX of the Higher Education Amendments of 1972, 20 U.S.C. § 1681 et seq. (“Title IX”), which prohibits discrimination on the basis of sex in educational programs or activities, admission, and employment. Under certain circumstances, Sexual Misconduct (as defined below) constitutes sexual discrimination prohibited by Title IX. Inquiries concerning the application of Title IX may be referred to OCAC’s Title IX Coordinator or to the U.S. Department of Education’s Office for Civil Rights. OCAC’s Title IX Coordinator is Eric Goodwin, who is located in the Student Services office in the Admissions Building. Eric may be contacted by phone at 971.255.4139 or by e-mail at egoodwin@ocac.edu.

The Clery Act

The federal Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act) requires colleges and universities, both public and private, participating in federal student aid programs to disclose campus safety information, and imposes certain basic requirements for handling incidents of sexual violence and emergency situations. Disclosures about crime statistics and summaries of security policies are made once a year in an Annual Security Report (ASR), and information about specific crimes and emergencies is made publicly available on an ongoing basis throughout the year.

The Clery Act is named in memory of Jeanne Clery who was raped and murdered in her residence hall room by a fellow student she did not know in 1986. Her parents championed laws requiring the disclosure of campus crime information, and the federal law that now bears their daughter's name was first enacted in 1990. It has been amended regularly over the last two decades to keep up with changes in campus safety with the most recent update in 2013 to expand the law's requirements concerning the handling of sexual violence.

Oregon College of Art and Craft completes the Campus Safety and Security Survey annually and also publishes its Annual Security Report in the student handbooks each fall. The handbook is also available on the College’s website at https://ocac.edu/students.

Campus SaVE Act

The Campus Sexual Violence Elimination Act, or Campus SaVE Act (SaVE), is a 2013 amendment to the federal Jeanne Clery Act. SaVE was designed by advocates along with survivors and championed by a bi-partisan coalition in Congress as a companion to Title IX that will help bolster the response to and prevention of sexual violence in higher education.

SaVE requires colleges and universities, both public and private, participating in federal student aid programs to increase transparency about the scope of sexual violence on campus, guarantee survivors enhanced rights, provide for standards in institutional conduct proceedings, and provide campus community-wide prevention educational programming.

B: Overview of this Policy:

OCAC is committed to fostering an environment grounded in civility and respect. OCAC is committed to providing programs, activities, and an educational environment free from sex discrimination. OCAC is committed to building a community that promotes the prompt reporting of all types of sexual misconduct and timely and fair resolution of sexual misconduct complaints. The College will make this policy and information about recognizing and preventing sexual misconduct readily available to all students and other members of the OCAC community.

C: Applicability of this policy

This policy applies to any allegation of sexual misconduct made by or against a student or an employee of OCAC or a third party, regardless of where the alleged sexual misconduct occurred, if the conduct giving rise to the complaint is related to the College’s academic, educational, or extracurricular programs or activities. OCAC’s disciplinary authority may not extend to third parties who are not students or employees of the College however staff will provide assistance in engaging law enforcement when requested. There is no geographic limitation to invoking this policy, however, sexual misconduct that is alleged to have occurred at a significant distance from the College and/or outside of OCAC property may be more difficult for the College to investigate.

II. STATEMENTS OF POLICY

A. Prohibition of Sexual Misconduct, Relationship Violence and Stalking

OCAC’s Sexual Misconduct Policy prohibits offenses of sexual assault, sexual harassment, domestic violence, dating violence, and stalking (see definitions below). OCAC is committed to addressing all incidents of sexual misconduct.

This policy is designed to protect the rights and needs of all alleged survivors, complainants (if not the alleged survivor), and respondents. Creating a safe environment is the responsibility of all members of the OCAC community.

OCAC encourages the prompt reporting of all sexual misconduct and is committed to the timely and fair resolution of sexual misconduct cases. Whenever OCAC receives notification or a report of alleged sexual misconduct the College will take prompt action to attempt to stop the misconduct and eliminate any resulting hostile environment, prevent the recurrence of misconduct, and provide resources and support to address any harm caused.

B. Prohibition on Retaliation

Retaliation against any person for filing, supporting, or providing information in good faith in connection with a complaint of sexual misconduct is strictly prohibited. The College will address violations of this prohibition through this policy and/or other OCAC disciplinary procedures, as deemed appropriate. Any person who believes that he/she/they have been subjected to retaliation should make a report to the Title IX Coordinator, Eric Goodwin, who will review the report and take action as appropriate.

C. Prohibition on Providing False Information

Any individual who knowingly files a false complaint under this policy, who knowingly provides false information or misleads OCAC employees who are involved in the investigation or resolution of a complaint may be subject to disciplinary action.

D. Confidentiality

Requests for confidentiality will be taken seriously, however, such requests may limit the College’s ability to investigate and take reasonable action in response to a complaint.

OCAC will take reasonable steps to investigate and respond to reports of sexual misconduct in a manner consistent with a student’s confidentiality request. Individuals will be notified if confidentiality cannot be ensured. Information regarding sexual misconduct may be shared among OCAC administrators as appropriate and necessary. OCAC cannot control confidentiality violations by students or third parties.

If a student requests confidentiality and chooses not to press charges in a sexual misconduct case, an anonymous report of the incident must still be made in order to comply with the Clery Act (campus crime reporting). If the safety of others could be at risk, the security of the community may outweigh a student’s request for confidentiality.

The only confidential resource for students at OCAC regarding issues of sexual misconduct is Carlyn Glaser, Licensed Professional Counselor. Carlyn may honor a student’s request for confidentiality unless there is a continued safety risk for the survivor or OCAC community.

Definitions:

Consent
Consent is informed, freely and actively given and mutually understandable words or actions that indicate a willingness to participate in mutually agreed-upon sexual activity. Consent is mutually understandable when a reasonable person would consider the words or actions of the parties to have established a mutually understandable agreement between them to engage in certain conduct with each other. Consent cannot be gained by ignoring or acting in spite of objections of another.

Consent cannot be inferred from:

  • Consent previously given (i.e., consenting to one sexual act does not imply consent to another sexual act)
  • Silence, passivity, or lack of resistance alone
  • A current or previous dating or sexual relationship alone
  • Attire
  • The spending of money on a date

Underage and Incapacitated persons cannot give consent. According to Oregon law (ORS 163.315), “(1) A person is considered incapable of consenting to a sexual act if the person is: (a) Under 18 years of age; (b) Mentally defective; (c) Mentally incapacitated; or (d) Physically helpless. One who is mentally or physically incapacitated as a result of alcohol or other drug consumption (voluntarily and involuntarily), or who is unconscious, unaware, or otherwise helpless, is incapable of giving consent.”

Dating Violence
Dating violence, federal definition, is violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim.  
(1) The existence of such a relationship shall be determined based on the reporting party's statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.
(2) For purposes of this definition-
(i) Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse.
(ii) Dating violence does not include acts covered under the definition of domestic violence.
(3) For the purposes of complying with the requirements of this section, any incident meeting this definition is considered a crime for the purposes of Clery Act reporting.

Domestic Violence
Domestic Violence is abuse between family or household members (as defined by the State of Oregon). Family or household members are defined as 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.

Abuse as defined by the State is the occurrence of one or more of the following acts within a domestic 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. 

By federal definition, domestic violence is: 
(1) A felony or misdemeanor crime of violence committed-
(i) By a current or former spouse or intimate partner of the victim
(ii) By a person with whom the victim shares a child in common
(iii) By a person who is cohabitating with or has cohabitated with the victim as a spouse or a partner
(iv) By a person similarly situated to a spouse of the victim under the domestic violence laws of the jurisdiction in which the crime of violence occurred, or
(v) By any other person against an adult or youth victim who is protected from that person's acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred.

Rape
Rape is the act of sexual intercourse or penetration (anal, oral, or vaginal), however slight, with any body part or any object, by another person(s), without consent.

Retaliation
Retaliation is defined as any adverse or negative action against a person participating in any reporting, investigation or proceeding that is perceived as: intimidating, threatening, coercing, hostile, harassing, retribution, or violence that occurred in connection to the making and follow-up of the report.  This also includes actions against an individual who has: (1) complained about alleged discrimination, harassment or retaliation, (2) participated as a party or witness in an investigation relating to such allegations, or (3) participated as a party or witness in a court proceeding or administrative investigation relating to such allegations. Retaliation is prohibited by federal law.

Federal civil rights laws, including Title IX, make it unlawful to retaliate against an individual for the purpose of interfering with any right or privilege secured by these laws. Intimidation means to make fearful or to put into fear. Generally, proof of actual fear is not required in order to establish intimidation. It may be inferred from conduct, words, or circumstances reasonably calculated to produce fear. Any person violating this policy may be subject to appropriate accountability, up to and including termination if they are an employee, and suspension or dismissal if they are an undergraduate or graduate student.

Sexual Assault 
Sexual assault means any actual, attempted, or threatened sexual act with another person without the person’s consent. Sexual assault includes but is not limited to:

  • Rape and attempted rape
  • Any nonconsensual sexual touching or intercourse, whether it is unforced or forced. This includes any contact with intimate body parts of an individual. It is also penetration, however slight, of any intimate body part with a body part or an object.
  • Any sexual act perpetrated when the survivor is unable to give consent
  • Sexual intimidation, which includes but is not limited to
    • Threatening, expressly or impliedly, to commit a sexual act upon another person
    • Stalking or cyber-stalking
    • Engaging in indecent exposure

Sexual Harassment
Sexual harassment is defined as sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when (1) submission to such conduct is made, either explicitly or implicitly, a term or condition of an individual's employment or academic experience; or (2) submission to or rejection of such conduct by an individual is used as the basis for any employment or academic decision; or (3) the conduct is unwelcome and sufficiently severe or pervasive that it has the effect of creating an intimidating, hostile, or offensive environment (see OAR 571-03-025(1)(e)).

Stalking
Stalking means a repeated course of conduct directed at a specific person that places that person in reasonable fear for his/her or others' safety, or causes the person being stalked to suffer substantial emotional distress.

In most situations, stalkers are trying to intimidate, harass, and control the person they are stalking. Stalking also often occurs within an abusive relationship in which the abusive partner is trying to track and control the other partner’s movements and interactions.

Additional Legal Definitions:

Complainant
A complainant is an individual who reports or files a complaint. A complainant may be someone other than the person who may have been subjected to sexual misconduct.

Respondent
A respondent is an individual who has been accused of committing Sexual Misconduct by the report or filing of a formal or informal complaint.

Responsible Employee
A Responsible Employee is any OCAC employee (faculty or staff), other than confidential resources, to whom a student may reasonably disclose an incident of sexual misconduct. Responsible Employees have a duty under Title IX to notify the College when they are made aware of incidents or reports of sexual misconduct. Responsible Employees include all faculty members, staff (including Residence Life Staff), and administrators who regularly interact with students with the exception of confidential resources such as the Licensed Professional Counselor. If students are unsure whether an employee is a responsible employee, they may as before sharing information related to sexual misconduct.

Oregon College of Art and Craft's Sexual Assault Survivor Bill of Rights

Complainants will have the right to the following:

  • Reasonable changes to their academic and living situations;
  • Referrals to counseling and community resources for survivors of sexual assault
  • The right to file a complaint with local law enforcement at any time and that the complainant has the option to be assisted by campus personnel in notifying such authorities.
  • Information for nearby medical services
  • Academic support services, such as academic coaching
  • Arranging to re-take a course or withdraw from a class without penalty, including ensuring that any changes do not adversely affect the complainant’s academic record.
  • The review of any disciplinary action taken against the complainant (such as if the complainant did not attend class because the respondent was enrolled and the complainant wanted to avoid contact) to see if there is a connection between the alleged misconduct that may have resulted in the disciplinary action.
  • Same opportunity as the respondent to have others present at disciplinary hearings;
  • To present a case, which includes the right to adequate, reliable, and impartial investigation of complaints; the right to have an equal opportunity to present witnesses and other evidence; and the right to the same appeal process, for both parties.
  • To be notified of the time frame within which OCAC will conduct a full investigation of the complaint, the parties will be notified of the outcome of the complaint and the parties may file an appeal, if applicable.
  • To have the outcome of the investigation decided using a preponderance of evidence standard (i.e., it is more likely than not that sexual misconduct occurred).
  • To be notified in writing of the outcome of the complaint.
    • OCAC cannot require a complainant to abide by a non-disclosure agreement in writing or otherwise, because the Clery Act requires that both parties be informed of the outcome, including sanction information, of any institutional proceeding alleging a sex offense.
  • To know that a complainant can end the informal process of a complaint at any time and begin the formal stage of the complaint process.
  • Opportunities and assistance to speak (or choose not to speak) to anyone regarding the outcome;
  • Name and identifying information kept confidential (FERPA) wherever possible

If you want to learn more about your rights you can contact the U.S. Department of Education Office for Civil Rights, at ocr@ed.gov or 800.421.3481. You can also fill out a complaint form online through the Department of Education: www2.ed.gov/about/offices/list/ocr/complaintintro.html

Procedures for Title IX Complaints

Title IX complaints are directed to Eric Goodwin, Title IX Coordinator. The Title IX Coordinator will prepare a written record of the complainant’s factual allegations. Once the initial complaint is prepared the Title IX Coordinator will conduct an appropriate investigation of the allegations. Both the complainant and the respondent can present witnesses and other evidence. Investigations may take up to 60 days to complete, unless there are special circumstances that complicate the procedures. Interim measures may be taken during the course of the investigation to protect the rights and safety of both parties.

Mediation will not be used to resolve Title IX complaints. The complainant has the right to file a Title IX complaint with the College in addition to filing a criminal complaint with law enforcement.

In an effort to support the reporting of sexual misconduct violations, individuals who experience or witness sexual misconduct while violating a different OCAC policy (an example would include the Alcohol and Substance use policy) will typically not have disciplinary sanctions imposed as long as the other violations do not pose a continuing health or safety risk for the individual or the College community. The Title IX Coordinator will make the determination.

Based on the evidence collected, the Title IX Coordinator will prepare a report of the investigation to present to the Title IX Committee. The Title IX Committee will then convene to discuss the report and to determine any conclusions and outcomes. After the committee has made its determinations, the Title IX Coordinator will prepare a written report of the Committee’s findings and conclusions. 

Possible outcomes of the investigation are that the allegations are substantiated, or that allegations are not substantiated, i.e. an inconclusive investigation. Both parties will be notified of the outcome of the complaint and any steps that will be taken to resolve the situation.

Appeals Process
OCAC’s Title IX Committee is committed to a high quality resolution of every case. Both parties (the complainant and respondent) have an opportunity to appeal the Committees’ decision. The appeal process provides an opportunity for both parties to bring additional information to the Committee’s attention that would change their decision. The appeal process will not be a de novo review of the Committee’s decision (i.e., the Committees will not review the matter as if no previous decision had been rendered). 

If either party disagrees with the Committee’s decision, he or she may send a written appeal to the Title IX Coordinator. If either party has documentation to support the appeal, the documentation must be submitted with the appeal. In an appeal, the complainant/respondent must explain why he or she believes the factual information was incomplete, the analysis of the facts was incorrect, and/or the appropriate legal standard was not applied, and how this would change the Committee’s determination in the case. Failure to do so may result in the denial of the appeal.   

In order to be timely, an appeal (including any supporting documentation) must be submitted within 60 days of the date of the determination letter. The Title IX Coordinator may exercise discretion in granting a waiver of the 60-day timeframe where: 

1. the complainant/respondent was unable to submit the appeal within the 60-day timeframe because of illness or other incapacitating circumstances and the appeal was filed within 30 days after the period of illness or incapacitation ended; or 
2. unique circumstances generated by agency action have adversely affected the complainant/respondent.

A written response to an appeal will be issued as promptly as possible. A decision of the Title IX Committee affirming the initial decision constitutes the agency’s final decision. Such a decision will inform the complainant/respondent that he or she "may have the right to file a private suit in federal court whether or not the Committee finds a violation."

Title IX Committee
Eric Goodwin, Director of Student Services and Title IX Coordinator
studentservices@ocac.edu 
971-255-4139

Mark Takiguchi, Interim Chief Enrollment Officer and Director of Admissions
mtakiguchi@ocac.edu
971-255-4210

Jiseon Lee Isbara, Dean of Academic Affairs
jlee@ocac.edu
503-297-5544 ext. 125

Molly Schreck, Human Resources Representative
payroll@ocac.edu
971-255-4221

What can I do?

Learn about sexual assault and harassment and self-defense strategies.  Ask community groups to provide educational programs in your residence house, Student Commonwealth meeting or other campus organization.

Support the survivors of violent crimes. No matter what they were wearing, who they were with, where they were going--they did not ask to be harassed, raped, or assaulted.

Reject the behavior or attitudes which excuse harassment or rape or which glorify violence.

Volunteer at an organization dedicated to ending interpersonal violence. Donate clothing or money to ensure the success of these groups.

How Bystanders Can Intervene

Proactive Bystander Strategies

In order to be a proactive bystander who helps prevent cases of sexual harassment or sexual violence, you can…

  • Believe violence is unacceptable and say it out loud
  • Treat people with respect
  • Speak up when you hear people making statements that blame survivors
  • Talk with friends about confronting violence against others
  • Encourage others to trust their instincts
  • Be a knowledgeable resource for survivors
  • Do not laugh at discriminatory jokes or comments
  • Stay aware and look out for friends at parties and bars
  • Educate yourself and your friends
  • Use campus resources
  • Attend an awareness event
  • Empower survivors to tell their stories

Reactive Bystander Strategies
In order to be a reactive bystander who positively intervenes in instances of sexual harassment or sexual violence, you can…

  • Get authorities involved
  • Seek help
  • Ask someone in a potentially dangerous situation if they want to leave
  • Make sure that friends get home safely
  • Ask a survivor if there is anything you can do to support them
  • Provide options and compassion
  • Call a local crisis center for support and to learn about options

Resources at OCAC

Student Services
Eric Goodwin, MS, NCC, Director of Student Services and Title IX Coordinator, studentservices@ocac.edu , 971-255-4139

Counseling
Carlyn Glaser, LPC, carlyglaser@yahoo.com, 860-874-7438 (cell)

Resources in the Community

Sexual Assault Resource Center (SARC) 503-640-5311 (24 hour help line), 503-626-9100 (business)
Portland Women's Crisis Line 503-235-5333 (24 hour crisis line), 503-232-9751 (business)

Police Service in the City of Portland
Emergency response
 9-1-1 (24 hour line) 
Non-emergency response 503-823-3333 (24 hour line with voice mail menu)
General information/Information and Referral 503-823-4636 (9:00am - 6:00pm) TDD 503-823-4736
Domestic Violence Reduction Unit (DVRU) 503-823-0090 (8:00am - 4:00pm)
Portland Police Detectives - Sexual Assault Detail 503-823-0434 (for info about investigations)
Rape Survivor Advocates (for assistance with rape evidentiary exams and court proceedings):
Multnomah Co. 503-988-3222 Clackamas Co. 503-655-8616 Washington Co. 503-640-5311
Oregon State Police 503-731-3027 (for info about sex offender registration and notification)
Portland Police Bureau’s Domestic Violence Reduction Unit 503-823-0090
(To talk to someone about legal and law enforcement options for survivors of domestic violence and stalking)
Restraining order information: Multnomah County 503-248-3943 Clackamas County 503-655-8616 Washington County 503-681-3830

Domestic Violence Shelters for Women
Bradley-Angle House
 503-281-2442 (24 hour crisis line) 503-281-3540 (business)
Clackamas Women's Services 503-654-2288 (24 hour crisis line) 503-654-2807 (business)
Raphael House 503-222-6222 (24 hour crisis line); 503-222-6507 (business)
SafeChoice 1-360-695-0501 (24 hour crisis line) 1-360-696-0167 (business)
Shelter- Domestic Violence Resource Center 503-640-1171 (24 hour crisis line) 503-640-5352 (business)
Volunteers of America Family Center 503-232-6562 (business line) 503-771-5503 (24 hour crisis line)
West Women's and Children's Shelter 503-24-7718 (24 hour crisis and business line)
YWCA 503-294-7400 (24 hour intake and business line)

Support Groups -Domestic Violence
Bradley-Angle House
 (a wide variety of groups)
503-281-2442 (crisis) 503-281-3540 (business) 503-232-7805 (groups & outreach)

Rape, Abuse and Incest National Network (RAINN) 800-656-4673 (anonymous national hotline)