The College of Western Idaho (CWI) is committed to maintaining a Respectful Community by providing equal education and employment opportunities, services, and benefits to any individual without regard to race, color, religion, sex, national origin, sexual orientation, gender identity, disability status, protected veteran status, or any other characteristic protected by federal, state, or local law.
A Respectful Community is a priority for CWI because discrimination and harassment undermine human dignity and the positive connection among all people at our Institution. CWI will take appropriate action to eliminate, prevent, and address the effects of discrimination, harassment, sexual misconduct, stalking and retaliation. Anyone can experience these behaviors and it impacts the lives of the victims, as well as those around them.
Contact Information - How to Report:
It is central to the values of CWI that any individual who believes they may have been the target of unlawful discrimination or harassment feel safe to report their concerns for appropriate investigation and response, without fear of retaliation or retribution. To report concerns, file a complaint or request support, please contact:
Go to a safe location, and if injured, seek immediate medical attention. If you are sexually assaulted, you may seek assistance by contacting any of the following:
CWI Safety and Security208.562.3333 -or- activate any blue emergency phone located on campus.
Local Police 9-1-1
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.
Discrimination is conduct that is based upon an individual’s race, color, religion, sex, national origin, sexual orientation, gender identity, disability status, protected veteran status, or any other characteristic protected by law that excludes an individual from participation, denies the individual the benefits of, treats the individual differently or otherwise adversely affects a term or condition of an individual’s employment, education, or participation in a CWI program or activity. This includes failing to provide reasonable accommodation, consistent with state and federal law, to persons with disabilities.
Harassment is covered under this policy if it is based upon an individual’s race, color, religion, sex, national origin, sexual orientation, gender identity, disability status, protected veteran status, or any other characteristic protected by federal, state, or local law. Harassing conduct may take various forms, including, name-calling, graphic or written statements (including the use of cell phones or the Internet), or other conduct that may be physically threatening, harmful, or humiliating. Harassment does not have to include intent to harm, be directed at a specific target, or involve repeated incidents. Sex-based harassment includes sexual harassment, which is further defined below, and non-sexual harassment based on stereotypical notions of what is female/feminine v. male/masculine or a failure to conform to those gender stereotypes.
A. Sexual Harassment encompasses unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature, including sexual assault and can involve persons of the same or opposite sex.
Consistent with the law, this policy prohibits two types of sexual harassment:
Tangible Employment or Educational Action
This type of sexual harassment occurs when the terms or conditions of employment, educational benefits, academic grades or opportunities, or participation in a College activity is conditioned upon, either explicitly or implicitly, submission to or rejection of unwelcome sexual advances or requests for sexual favors, or such submission or rejection is a factor in decisions affecting that individual’s employment, education, living environment, or participation in a CWI program or activity. Generally, perpetrators will be agents or employees with some authority from the College.
Sexual harassment that creates a hostile environment occurs when the unwelcome behavior:
is sufficiently serious (i.e., severe, pervasive, or persistent) and objectively offensive so as to deny or limit a person’s ability to participate in or benefit from the Colleges programs, services, opportunities, or activities ; or
when such conduct has the purpose or effect of unreasonably interfering with an individual’s employment.
Harassment that creates a hostile environment (“hostile environment harassment”) violates this policy.
A hostile environment can be created by anyone involved in a CWI program or activity (e.g., administrators, faculty members, students, and even campus guests). Mere offensiveness is not enough to create a hostile environment. Although repeated incidents increase the likelihood that harassment has created a hostile environment, a serious incident, such as a sexual assault, even if isolated, can be sufficient.
In determining whether harassment has created a hostile environment, consideration will be made not only as to whether the conduct was unwelcome to the person who feels harassed, but also whether a reasonable person in a similar situation would have perceived the conduct as objectively offensive. Also, the following factors will be considered:
the type, frequency, and duration of the conduct;
the identity and relationships of persons involved;
the number of individuals involved;
the location of the conduct and the context in which it occurred;
the degree to which the conduct affected one or more student’s education
Sexual Misconduct is a broad term encompassing a range of nonconsensual sexual activity or unwelcome behavior of a sexual nature. The term includes but is not limited to sexual assault, sexual exploitation, relationship violence, and stalking.
Sexual Assault means an actual or attempted sexual contact with another person without that person’s consent. Sexual assault includes, but is not limited to:
Involvement in any sexual contact when the survivor is unable to consent.
Intentional and unwelcome touching of, or coercing, forcing, or attempting to coerce or force another to touch a person’s intimate parts (defined as genital area, groin, inner thigh, buttocks, or breast).
Sexual intercourse without consent, including acts commonly referred to as “rape.”
Sexual Exploitation occurs when a person takes sexual advantage of another person for the benefit of anyone other than that person without that person’s consent. Examples of behavior that could rise to the level of sexual exploitation include:
Prostituting another person;
Non-consensual visual (e.g., video, photograph) or audio-recording of sexual activity;
Non-consensual distribution of photos, other images, or information of an individual’s sexual activity, intimate body parts, or nakedness, with the intent to or having the effect of embarrassing an individual who is the subject of such images or information;
Going beyond the bounds of consent (such as letting your friends hide in the closet to watch you having consensual sex);
Engaging in non-consensual voyeurism;
Knowingly transmitting an STI, such as HIV, to another without disclosing your STI status;
Exposing one’s genitals in non-consensual circumstances, or inducing another to expose his or her genitals;
Possessing, distributing, viewing or forcing others to view illegal pornography;
Relationship Violence often referred to as dating violence or domestic violence is abuse or violence between partners or former partners involving one or more of the following elements:
Battering that causes bodily injury;
Purposely or knowingly causing reasonable apprehension of bodily injury;
Emotional abuse creating apprehension of bodily injury or property damage;
Repeated telephonic, electronic, or other forms of communication -- anonymously or directly -- made with the intent to intimidate, terrify, harass, or threaten;
Consent is informed, freely given, and mutual. If coercion, intimidation, threats, or physical force are used there is no consent. If a person is mentally or physically incapacitated or impaired so that such person cannot understand the fact, nature or extent of the sexual situation, there is no consent; this includes impairment or incapacitation due to alcohol or drug consumption, or being asleep or unconscious. There is no consent when there is force, expressed or implied, or use of duress or deception upon the survivor. Silence does not necessarily constitute consent. Past consent to sexual activities does not imply ongoing future consent. Whether an individual has taken advantage of a position of influence over an alleged survivor may be a factor in determining consent.
Stalking means conduct directed at a specific person that would cause a reasonable person to fear for her, his, or others’ safety, or to suffer substantial emotional distress. Examples of behavior that could rise to the level of stalking includes repeatedly following, harassing, threatening, or intimidating another by telephone, mail, electronic communication, social media, or any other action, device or method that purposely or knowingly causes substantial emotional distress or reasonable fear of bodily injury or death.
Retaliation is action taken by an accused individual or an action taken by a third party against any person because that person has opposed any practices forbidden under this policy or because that person has filed a complaint, testified, assisted, or participated in any manner in an investigation or proceeding under this policy. This includes action taken against a bystander who intervened to stop or attempt to stop discrimination, harassment, or sexual misconduct. Retaliation includes intimidating, threatening, coercing, or in any way discriminating against an individual because of the individual’s complaint or participation. Action is generally deemed retaliatory if it would deter a reasonable person in the same circumstances from opposing practices prohibited by this policy.
Preponderance of Evidence
This standard of evidence asks decision-makers to consider whether it is more likely than not that a violation of policy occurred. This standard is lower than “beyond a reasonable doubt” which is typically seen in criminal systems.
The individual who brings a concern to the attention of the Title IX Coordinator or a designee.
The individual who is responding to a concern during an investigation
CWI will take appropriate action to eliminate, prevent, and address the effects of discrimination, harassment, sexual misconduct, stalking and retaliation. CWI will:
Take appropriate steps to resolve the matter which may include sanctions and corrective action such as: a requirement not to repeat or continue the discriminatory, harassing, or retaliatory conduct, disciplinary action, a no-contact order, reassignment, suspension or termination. CWI will do its best to eliminate the behavior, prevent recurrence, and remedy the effects even if no formal complaint has been made or when a person making a complaint does not wish to further participate in the process. Remedial support that individuals may receive include:
Orders of No Contact
Take interim measures during the investigation to prevent potential further unwanted behavior.
Rights of the Reporting Party and Respondent
The Reporting Party and Respondent will each be given the opportunity during an investigation to:
Respond to information related to the alleged violation.
Provide the names of witnesses relevant to the alleged violation.
Have a support person present during the process.
Right to appeal the final outcome of the investigation.
Simultaneously informed of the outcome of the investigation.
Confidentiality and Support Resources
CWI attempts to balance the needs of the parties for privacy with the responsibility of ensuring a safe educational environment and workplace. Privacy is an aspiration, but is not always possible or appropriate. An individual's requests regarding the confidentiality of reports of discrimination or sexual misconduct will be considered in determining an appropriate response; however, such requests will be considered in the dual contexts of CWI’s legal obligation to ensure a working and learning environment that is free from discrimination or sexual misconduct and the due process rights of the accused to be informed of the allegations and their source. Some level of disclosure may be necessary to ensure a complete and fair investigation.
There are confidential resources available on campus and through community partners that include.