The College of Western Idaho is committed to providing an environment free from unlawful discrimination and harassment. CWI takes complaints of illegal discrimination or harassment seriously and all complaints are investigated. Complaint/grievance procedures concerning student conduct are outlined in the Student Handbook and provide for prompt and equitable resolution of complaints.
Students found to be participating in any form of unlawful discrimination, harassment, or retaliation against another student or College employee for filing a complaint or cooperating with an investigation shall be subject to disciplinary action up to and including expulsion from the College.
Title IX provides that “no person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.” Under Title IX, Congress can withhold federal funds from colleges or universities that allow sexual discrimination.
The purpose of Title IX is to ensure that public are not utilized in ways that encourage, subsidize, permit, or result in prohibited gender/sex discrimination. It prohibits conduct by a recipient of federal financial assistance that results in a person being "excluded from participation in, . . . denied the benefits of, or . . . subjected to discrimination under" a federally-assisted program or activity. Title IX recognizes three general types of prohibited discrimination: (1) disparate treatment, (2) disparate impact, and (3) retaliation.
Sexual misconduct includes but it is not limited to:
non-consensual sexual contact
non-consensual sexual intercourse
Students found responsible for sexual misconduct will be subject to disciplinary action, up to and including suspension and expulsion. Students may also face criminal or civil charges in addition to College sanctions.
Sexual harassment may include any unwelcome sexual advance or request for sexual favor, made by an employee, student, or agent of the College to a student or employee of the College.
Sexual harassment includes both “quid pro quo” and “hostile environment.”
"Quid pro quo" harassment exists where submission to unlawful harassment is used as the basis for employment or educational decisions.
The standard for "hostile environment" is defined differently under Title VII (applies to employment) and Title IX (applies to educational setting).
“Hostile environment” under Title VII refers to conduct that is severe or pervasive.
“Hostile environment” under Title IX refers to conduct that is severe and pervasive and objectively offensive.
Sexual harassment can occur in both the learning and working environment. When the alleged harasser is an employee of the College, complaints should be filed promptly with the employee’s direct supervisor or Human Resources (firstname.lastname@example.org or 208-562-3287). Students may also notify the Compliance Officer, Lori Manzanares (email@example.com or 208-562-3263). Employees at the College are required to comply with the College’s Discrimination/Harassment Policy in the Employee Handbook. For more detailed information, refer to Administrative Procedure (AP) 5101 in the CWI Policy and Administrative Procedures Manual located on the CWI portal.
When the alleged harasser is a student of the College, complaints should be filed promptly with the Compliance Officer, Lori Manzanares (firstname.lastname@example.org or 208-562-3263)or Campus Security. If the alleged victim is an employee, the employee should also notify his/her supervisor or the Human Resources (email@example.com or 208-562-3287).
Student-on-Student Sexual Harassment
When both the alleged harasser and alleged victim are students, the complaint should be filed promptly with the Compliance Officer, Lori Manzanares (firstname.lastname@example.org or 208-562-3263) or Campus Security.
Conduct that creates a hostile environment that is so severe, pervasive, and objectively offensive that it undermines the victim’s educational experience and denies equal access to the College’s resources and opportunities is strictly prohibited.
Conduct must be clearly unreasonable in light of known circumstances
Conduct must be directed at an individual
Conduct must be unwelcome
Conduct must discriminate against the individual
Conduct must be based on sex or gender
There is a difference between pure speech/expression and conduct - pure speech and expression cannot create a hostile environment unless it so undermines and detracts from the victim’s educational experience that the student is effectively denied equal access to the College’s resources and opportunities.