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.
What is Title IX:
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.”
Possible violations of Title IX include Relationship Violence, Stalking, Harassment, Retaliation, and Sexual Misconduct. Specific definitions of these behaviors may be viewed in a following section.
Title IX violations are not gender specific. All members of the community are responsible for participating in and creating a campus environment free from prohibited sex and gender-based discrimination, harassment, and violence.
Title IX violations may occur between two students, between a student and employee, between two employees, or between a student and another individual with no affiliation to CWI. Individuals who have been exposed to these violations may receive remedial support, regardless of whether they wish to pursue judicial action. These remedial actions include:
No Contact Orders
Changes in Academic Schedules
Please note that in accordance to federal law, all claims of Title IX violations must be investigated to the best of our abilities, regardless of whether judicial action is being pursued. If you wish to speak to someone confidentially, you are welcome to make use of the following resources:
Nate Bonovitz, Crisis Counsellor at the College of Western Idaho
Additionally, all Title IX violations must be reported statistically in the Annual Security Report; however, no personally identifiable information will be provided in this report.
How to Report:
To file a complaint or request remedial support, please contact CWI’s Interim Title IX Coordinator at 208.562.2305 or firstname.lastname@example.org. Employees may also contact Human Resources at 208.562.3000. Additionally, Campus Security and Police Services may be reached at 208.562.3333 or by activating a blue emergency phone located on campus. In an emergency situation, always call 9-1-1.
Individuals who observe or are otherwise aware of sex and gender-based discrimination, harassment, and violence are also encouraged to report.
Rights of the Accused:
Individuals accused of violating the College of Western Idaho’s Title IX policy have the following rights:
The opportunity to respond to information related to the alleged violation.
The opportunity to provide the names of witnesses relevant to the alleged violation.
The right to bring one advisor of choice to college proceedings related to the Title IX investigation.
The right to appeal.
The right to receive advance notice of the specific charges and the date, time, and location of scheduled proceedings.
The right to review the case file prior to Title IX proceedings.
The opportunity to request an extension of time to prepare for Title IX proceedings.
The right for the investigation and adjudication to be kept closed to the public.
All outcomes shall be conveyed to the accused individual in writing and at the same time the complainant receives notice of the outcome of the case.
During the investigative process, interim measures may be put in place to protect members of the college community. Interim measures may include, but are not limited to: administrative temporary no contact orders, employment and academic adjustments; suspension; or temporary removal from clubs or organizations. Should a member of the CWI community be found responsible for violating Title IX policy, possible sanctions or protective measures that the college may impose for actions that violate this policy include, but are not limited to suspension, probation, termination, or expulsion.
Sexual assault is not gender specific. Anyone who has experienced sexual assault should preserve the evidence. Whether or not you want to file a complaint now, you will still have the option to do so later.
Do not change clothes
Do not wash or clean up
Save text/phone messages but do not respond
Contact police services, your local hospital, or the Family Justice Center for a rape kit and to preserve forensic evidence.
Please note that during investigations, the following definitions may be used to determine whether or not consent was given:
Effective Consent: means words or actions that show a knowing and voluntary agreement to engage in mutually agreed-upon sexual activity. Effective Consent cannot be gained by Force, by ignoring or acting in spite of the objections of another, or by taking advantage of the Incapacitation of another, where the accused student knows or reasonably should have known of such Incapacitation. Effective Consent is also absent when the activity in question exceeds the scope of Effective Consent previously given. In addition, certain states have designated a minimum age under which a person cannot give “Effective Consent.”
Force: means physical force, violence, threats, intimidation, or coercion.
Incapacitation: means the physical and/or mental inability to make informed, rational judgments. States of Incapacitation include, without limitation, sleep, blackouts, and flashbacks. Where alcohol (or other drug) is involved, one does not have to be intoxicated or drunk to be considered Incapacitated. Rather, Incapacitation is determined by how the alcohol consumed impacts an individual’s decision-making capacity, awareness of consequences, and ability to make informed judgments. The question is whether the accused student knew, or a sober, reasonable person in the position of the accused student should have known, that the accuser was Incapacitated. Because Incapacitation may be difficult to discern, students are strongly encouraged to err on the side of caution; i.e.- when in doubt, assume that another person is Incapacitated and therefore unable to give Effective Consent. Being intoxicated is never a defense to a complaint of Sexual Misconduct.
Title IX Violations:
In accordance with Title IX, the College of Western Idaho prohibits the following behaviors:
Stealthily approaching, following, or pursuing another person.
Willfully and repeatedly watching another person.
Engaging in a course of conduct that seriously alarms, annoys or harasses the victim and is such as would cause a reasonable person substantial emotional distress.
Engaging in a course of conduct such as would cause a reasonable person to be in fear of death or physical injury, or in fear of the death or physical injury of a family or household member.
Is defined as unwelcome sexual advances, request for sexual favors, indecent exposure, and other verbal or physical conduct of a sexual nature when:
Submission of conduct, whether explicitly or implicitly, is made a condition or action of an individual's employment, education, academic pursuits, or participation in College activity.
Such conduct affects or interferes with a person’s employment, education, living environment, or participation in a College activity by creating an intimidating, hostile, or offensive, working or learning environment.
A situation in which a person takes non-consensual or abusive sexual advantage of another.
Sexual Voyeurism, such as watching a person undress, using the bathroom, or engaging in sexual acts without the consent of the person observed.
Taking pictures of video or audio recording another in a sexual act, or in any other private activity without the consent of all involved in the activity, or exceeding the boundaries of consent (such as disseminating sexual pictures without the photographed person’s consent).
Causing the prostitution of another person.
Engaging in sexual activity with another person while knowingly infected with human immunodeficiency virus of other sexually transmitted disease and without informing the other person of the infection.
Administering alcohol or drugs to another person without his or her knowledge or consent.
Non-Consensual Sexual Contact: Any intentional sexual touching, however slight, with any object, by a person upon another person, that is without consent and/or by force. This may also be the use of force to cause a person to touch his or her own or another person’s intimate parts. Sexual touching includes any bodily contact with the breasts, groin, genitals, mouth or other bodily orifice of another individual, or any other bodily contact in a sexual manner.
Non-Consensual Sexual Intercourse: Any sexual penetration or intercourse (anal, oral, or vaginal) however slight, with any object, by a person upon another person, that is without consent and/or by force. Sexual penetration includes vaginal or anal penetration by a penis, tongue, finger, object, or oral copulation by mouth to genital contact or genital to mouth contact.
Effect of Criminal Proceedings:
Because sexual misconduct and related allegations may constitute both a violation of college policy and criminal activity, students have the right to report alleged Sexual Misconduct to local law enforcement agencies. Criminal investigations may be useful in the gathering of relevant evidence, particularly forensic evidence. Because the standards for finding a violation of criminal law are different from the standards for finding a violation of this policy, criminal investigations or reports are not determinative.
Timing of Complaints and Jurisdiction:
So long as there is jurisdiction over the alleged perpetrator, there is no time limit to invoking this policy in responding to complaints of alleged violation of the college’s Title IX policy. Nevertheless, students are encouraged to report alleged violations immediately in order to maximize the college’s ability to obtain evidence and conduct a thorough, impartial and reliable investigation. Failure to promptly report alleged violation may result in the loss of relevant evidence and witness testimony, and may impair the college’s ability to enforce this policy.
The College of Western Idaho has jurisdiction over members of the community who (a) supervise other employees or students, contractors or vendors; (b) teach or advise students; or (c) have management authority related to a college sponsored program or activity must engage in appropriate measures to prevent violations of this Policy; and promptly notify the Title IX Coordinator after being informed of or having a reasonable basis to suspect that there has been discrimination against, harassment of, or retaliation against a faculty, staff member or student.
According to CWI’s policy, a “student” means any student who is registered or enrolled at the college (a) at the time of the alleged violation (including a violation that is alleged to have occurred during any academic recess, provided that there is an expectation of such student’s continued enrollment at the college), and (b) at the time that the complaint has been filed against the student.
Although there is no geographic limitation to invoking this policy, violations that allegedly occurred at a significant distance from the college may be more difficult to investigate. In addition, with respect to any complaint (a) by a person who is not a member of the college community, and (b) relating to Non-College Conduct, the college reserves the right to determine, in its sole discretion whether the conduct described in the complaint constitutes a sufficient risk to the college community to warrant processing the complaint.