Sexual Misconduct & Sexual Violence

Table of Contents

George Fox University is committed to providing a Christ-centered community that fosters a safe living, learning, and work setting for students, employees, and visitors.  A core value of this institution is to maintain a respectful environment for all individuals that is free of the following:

These behaviors and actions are contrary to the mission, values and Lifestyle Standards of our community, and are violations of federal and/or state law. It is our firm belief that engaging in any aspect of this behavior is unacceptable and will not be tolerated by members of the George Fox community. 

These policies are for undergraduate students in any program at George Fox University. Graduate/George Fox Connect students should see the Graduate/George Fox Connect Student Life Policies for comparable applicable policies. Additionally, while many aspects are pertinent for faculty, staff and administrators, employees should see appropriate sections in the employee handbook.  

The next section of the handbook gives further details regarding our sexual misconduct and sexual violence policies, reporting mechanisms, venues for help and support, formal complaint procedures, and other important aspects of prevention and response.

It’s also important to note that University personnel are prepared to assist students who need support and help because of trauma they have experienced before becoming a student or at other times when they have been away from George Fox (i.e. summer break or other breaks in the academic calendar).

Federal and State Regulations

Title IX

On May 6, 2020, the Department of Education released new regulations requiring institutions to address sexual harassment as a form of sexual discrimination in education and programs.

“Enacted in 1972, Title IX prohibits discrimination on the basis of sex in education programs and activities that receive Federal financial assistance. The final regulations obligate [institutions] to respond promptly and supportively to persons alleged to be victimized by sexual harassment, resolve allegations of sexual harassment promptly and accurately under a predictable, fair grievance process that provides due process protections to alleged victims and alleged perpetrators of sexual harassment, and effectively implement remedies for victims.”

Title IX defines sexual harassment as (a) unwelcome conduct that a reasonable person would determine is “so severe, pervasive, and objectively offensive” that it effectively denies a person equal access to education or (b) an employee that conditions aid, benefit, or service of the institution on an individual’s participation in unwelcome sexual conduct (quid pro quo).

It is important to note that while there has been a needed focus on sexual harassment, there are other forms of discrimination on the basis of sex that can occur. If you have experienced discrimination and want to know if it falls under Title IX, please contact the Title IX Coordinator. 

VAWA (Violence Against Women Act)

Title IX also extends the definition of sexual harassment to offenses covered under the Violence Against Women Act (VAWA). These include the following:

These sexual offenses do not need to meet all three elements of “severe, pervasive and objectively offensive” as courts have ruled that a single incident of the five offenses is severe enough to have the systemic effect of denying the victim equal access to an education program or activity.

Oregon HB 3415

On June 6, 2019, the Oregon State Legislature enrolled House Bill 3415 stating that:

Each institution of higher education shall adopt written policies concerning sexual harassment, sexual assault, domestic violence, dating violence and stalking that occur both on and off campus. Written policies adopted under this section must include:

(a) The adoption of the following definition of sexual harassment: “Sexual harassment is unwelcome conduct of a sexual nature. Sexual harassment can include unwelcome sexual advances, requests for sexual favors, or other verbal, nonverbal or physical conduct of a sexual nature where such conduct is sufficiently severe or pervasive that it has the effect, intended or unintended, of unreasonably interfering with an individual’s work or academic performance or it has created an intimidating, hostile or offensive environment and would have such an effect on a reasonable person.”

(b) Procedures to address sexual harassment.

(c) Provisions clarifying that the institution of higher education is required to conduct an initial inquiry, or to make contact with named parties, whenever a designated responsible employee has actual knowledge, or in the exercise of reasonable care should know, that possible sexual harassment, sexual assault, domestic violence, dating violence or stalking has occurred.

(d) A jurisdictional statement explaining that the institution will analyze and may have an obligation to respond to any complaint received by the institution, regardless of whether the incident occurred on the campus of the institution or elsewhere, that relates to:

(i) Sexual harassment;

(ii) Sexual assault;

(iii) Domestic violence;

(iv) Dating violence; or

(v) Stalking.

Institutional Compliance 

Sexual misconduct against members of the campus community, guests, and visitors is not tolerated. George Fox University is committed to providing an educational environment free of all forms of sex discrimination, including but not limited to unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct or communications constituting sexual harassment, as defined in this policy and as otherwise prohibited by state and federal statutes. Sexual harassment, including acts of sexual assault and sexual violence, is a form of sex discrimination and is prohibited at George Fox University. This prohibition against discrimination on the basis of sex applies to all students, faculty and staff, to other members of the George Fox community, and to contractors, consultants and vendors doing business or providing services to the school. Conduct that does not meet the definitions stated in Title IX or Oregon HB 3415 may still be subjected to other university codes of conduct.

All members of the community must conduct themselves in a way that does not infringe upon the rights of others. The University’s sexual misconduct policy defines expectations for appropriate conduct and outlines resolution processes to address conduct that does not meet these expectations. When individuals are found to be in violation of the policy, the University will impose appropriate sanctions.

All members of the campus community, guests, and visitors are protected by this policy regardless of their sex, sexual orientation, or gender identity. The University has jurisdiction over all acts of sexual misconduct involving members of the campus community, no matter where they occur, whether on or off campus.

This information can also be found on the George Fox University Title IX website.

Terms and Definitions

Advisor of Choice/Support Person

Both the reporting party and responding party have the right to an advisor of choice present during any administrative meeting related to a formal complaint. This person may be anyone, regardless of their relationship to the reporting party/responding party and regardless of their affiliation to the University. The advisor of choice may not interject, speak or act on behalf of a party, take any action that impedes or disrupts, nor interrupt the meetings. If the formal complaint falls under the Title IX process, the advisor of choice has the responsibility to ask cross-examination questions. If a reporting party or responding party does not have an advisor of choice, the University will assign one to them.

The reporting party may bring a support person with them to any meeting, even prior to filing a formal complaint. This support person can also be anyone, regardless of their affiliation to the University or their relationship to the reporting party. The support person must also refrain from speaking or acting on behalf of the reporting party.

Conditional Immunity & Bystander Intervention

The University wants to eliminate barriers for students who may be hesitant to seek medical or emergency help or report the incident to university officials because they fear being held accountable for policy violations (e.g., drinking alcoholic beverages). To encourage reporting, George Fox pursues a policy of conditional immunity by offering students who are accessing help for themselves or others from being held accountable to policy violations related to the particular incident.  While there may be no community accountability sanctions for these individuals, the University may provide elements of help, support, and education.

Bystander Intervention is recognizing a potentially harmful situation or interaction and choosing to respond in a way that could positively influence the outcome. Bystander intervention by students and employees can be a critical aspect of enhancing the welfare of their peers. Students and employees are strongly encouraged to contact university personnel, call 911 or seek other professional or medical attention when the health or safety of themselves or others is threatened or appears to be at risk.

Confidentiality

Most university personnel are required to notify the Title IX Coordinator if a student discloses that they have experienced a sexual assault or other sexual misconduct incident. The Title IX Coordinator will then reach out to the reporting party to ensure they know their reporting options and the supportive measures available to them. The student retains the right to decide whether to make a report or to file a formal complaint.

There are three fully confidential resources available on campus: Campus Advocate, University Health and Counseling Center and University Campus Pastors. Conversations with Title IX Coordinators and/or other university personnel are kept as private as possible, but information about incidents of suspected violations of the sexual misconduct policy must be shared to the extent necessary to provide supportive measures and take any corrective action deemed appropriate by the University.

Consent

Consent is explicit, informed, voluntary and mutually understandable communication to willingly participate in specific sexual activity without pressure, threats, coercion, force or intimidation. Verbally agreeing to sexual activities can help partners respect each other’s boundaries. Either person must also be able to withdraw consent and cease any sexual activity at any time. A passive response or sexual advances that are not resisted physically or verbally is not consent. Similarly, in the context of a current relationship, previous sexual encounters and/or silence from the individual is not consent

Someone who is not of legal age (18 years in Oregon), or is physically or mentally incapacitated, cannot give consent. Similarly, someone who has a mental disorder may not be able to give consent. The use of alcohol or drugs may render an individual incapacitated and unable to give consent due to impaired judgment and the inability to make decisions or communicate intentions. Consent cannot be given by someone who is unconscious or unaware, or for any reason is unable to communicate their intentions.

Dating Violence

Dating violence is violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim; and where the existence of such a relationship shall be determined based on a consideration of: (1) the length of the relationship, (2) the type of the relationship, and (3) the frequency of interaction between the persons involved in the relationship.

Dating violence is a pattern of assaultive and controlling behaviors that one person uses against another in order to gain or maintain power and control in the relationship. The abuser intentionally behaves in ways that cause fear, degradation and humiliation to control the other person. Forms of abuse can be physical, verbal, sexual, emotional and psychological.

Examples include, but are not limited to, trying to cut off the victim’s relationship with family and friends, humiliating the victim in front of friends, making the victim fearful by using threatening behavior, threatening to find someone else if the dating partner doesn’t comply with the abuser’s wishes or demands, using or threatening to use physically assaultive behaviors such as hitting, shoving, grabbing, slapping, beating, kicking, and touching or forcing the victim to engage in unwanted sexual activity.

Domestic Violence

Domestic violence (as defined by the Violence Against Women Act) is the use of physical, sexual or emotional abuse or threats to control another person who is a current or former spouse or other intimate partner, such as a boyfriend or girlfriend. It includes felony or misdemeanor crimes of violence committed by a current or former spouse of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or 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.

Examples of domestic violence include but are not limited to:

Formal Complaint vs. Report

Disclosure of a sexual misconduct incident to a Title IX Coordinator constitutes a report. Making a report enables the reporting party to access supportive measures available to them per Title IX regulations. Making a report does not automatically launch an investigation or formal grievance process. The Title IX Coordinator will work with the reporting party to understand their wishes and desired outcomes while simultaneously assessing any threat to the individual and/or community.

A formal complaint is required to launch the formal grievance and investigation process. The complaint must be made in writing (electronic communication is acceptable) to the Title IX Coordinator. The University encourages a student or employee who wishes to file a formal complaint to contact the appropriate Title IX Coordinator who can assist in providing templates to use. A Title IX Coordinator may file a formal complaint on behalf of the University if they deem there is a threat to an individual or to the community.

Informal Resolution

Students and employees have the option to choose an informal resolution process rather than going through a formal Title IX investigation and hearing. An informal resolution gives both parties an opportunity to go through a mediated process in order to come to a mutually agreeable resolution. Both parties must freely choose to participate in an informal resolution.

New Evidence

New evidence is defined as evidence that was not available during the investigation and review of evidence period. If a party had knowledge of the evidence but chooses not to introduce it during the investigation, it will not be considered new evidence. This is particularly important during the appeals process.

Preponderance of evidence

Preponderance of the evidence is one type of evidentiary standard used in a burden of proof analysis. Under the preponderance standard, the burden of proof is met when the party with the burden convinces the fact finder that there is a greater than 50% chance that the claim is true. This is the standard used by George Fox University in its sexual misconduct grievance processes.

Reporting Party/Complainant

A reporting party is any individual who alleges that they are a victim of sexual harassment and/or sexual misconduct. Title IX language uses the term complainant.

Responding Party/Respondent

A responding party is any individual who is reported to be the perpetrator of sexual harassment and/or sexual misconduct. Title IX language uses the term respondent.

Retaliation

Federal law and institutional policy prohibits retaliation. It 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.

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 induce fear for the purpose of deterring someone from action. 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 community accountability, up to and including termination if they are an employee, and suspension or dismissal if they are an undergraduate or graduate/George Fox Connect student.

SAFE/SANE (Medical Examination)

If you have experienced a sexual assault, you are encouraged to first find a safe location and then to consider getting a sexual assault forensic exam (SAFE) at the local hospital conducted by a specially trained sexual assault nurse examiner (SANE). Survivors can also request an advocate be present to assist during the exam. These exams can be performed without a report to law enforcement, and evidence can be collected and held for up to six months through an anonymous collection process. This gives the survivor time to consider whether to report the incident to law enforcement. 

Following a sexual assault, the most important concern is for the health, safety, and care of the survivor.  As difficult as it can be, we strongly encourage students to seek medical assistance at the Providence Newberg Hospital Emergency Room (or at the nearest hospital) immediately following a sexual assault. A medical examination is vital for the health and well-being of the sexual assault survivor, and also will offer assistance to law enforcement if a report is made. A medical examination is an important element of obtaining evidence if a person desires to press charges. Normally, there is no cost to the survivor and it is not documented through the person’s health insurance.

While the first inclination of a survivor may be to take a shower, it’s important to not wash, shower, bathe or douche; or to change, destroy or clean the clothes worn during the assault before having the exam. Forensic medical exams should take place within the first 120 hours or 5 days. It is important to bring a change of clothing if the person goes to the hospital. It may be necessary for the nurse or police to keep the clothes worn during the assault. If the person has already changed clothes, the articles of clothing that were worn can be brought in a paper bag.

Sexual Assault

Sexual assault is not tolerated in the George Fox community. These behaviors violate local, state and federal law. Sexual assault can occur between any two or more people, regardless of age or gender. The University highly encourages reporting parties to utilize the provided internal and external resources for reporting, support and help.

Sexual assault is defined as any nonconsensual sexual contact or intercourse, whether it is forced or unforced. This includes any non-consensual contact with intimate body parts of an individual, as well as penetration, however slight, with a body part or an object.

Sexual Exploitation

Sexual exploitation occurs when a person takes non-consensual or abusive sexual advantage of another for his/her own advantage or benefit, or to the benefit or advantage of anyone other than the one being exploited, and the behavior does not otherwise constitute one of the other sexual misconduct offenses.

Examples of sexual exploitation include, but are not limited to:

Sexual Harassment

Title IX defines sexual harassment as (a) unwelcome conduct that a reasonable person would determine is “so severe, pervasive, and objectively offensive” that it effectively denies a person equal access to education or (b) an employee that conditions aid, benefit, or service of the institution on an individual’s participation in unwelcome sexual conduct (quid pro quo). The University also has the responsibility to respond to any incident that falls under the Oregon HB3415 definition of sexual harassment.

While sexual harassment encompasses a wide range of conduct that may be verbal, visual, or physical in nature, specifically prohibited conduct includes, but is not limited to: 

More subtle forms of inappropriate behavior such as offensive posters, cartoons, caricatures, comments, and jokes of a sexual nature are prohibited, as they may constitute sexual harassment when they contribute to a hostile or offensive work, academic, or student life environment. A person does not have to be the target of sexual harassment to be sexually harassed.

Sexual harassment can involve males or females being harassed by members of either sex.  Although sexual harassment sometimes involves a person in a greater position of authority as the harasser, individuals in positions of lesser or equal authority also can be found responsible for engaging in prohibited harassment.

Sexual harassment can be physical and/or psychological in nature. An aggregation of a series of incidents can constitute sexual harassment even if one of the incidents considered separately would not rise to the level of harassment.

Stalking

Stalking is engaging in a course of conduct directed at a specific person that would cause a reasonable person to: (1) fear for his or her safety or the safety of others; or (2) suffer substantial emotional distress.

Acts of stalking include but are not limited to: electronic or telephone harassment, being followed, receiving unwanted gifts, and other similar forms of intrusive behavior.

Course of conduct means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means follows, monitors, observes, surveils, threatens, or communicates to or about, a person, or interferes with a person’s property.

Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.

Reasonable person means a reasonable person under similar circumstances and with similar identities to the victim.

Unwelcome or unwanted attention can also be cause for concern. This may include, but is not limited to, repetitive communication and/or behaviors that can make an individual feel uncomfortable to some degree. Though these types of behaviors may not meet the definition of stalking, they are still cause for concern and will be handled as such.

Supportive Measures

Supportive measures are actions coordinated by the Title IX Coordinator that restore or preserve access to educational activities and programs. These measures are assessed on an individual basis and take into consideration the reporting party’s needs and wishes. They are made available once a report has been made regardless of whether a formal complaint is filed. The following are examples of the range of supportive measures available to a reporting party:

Supportive measures implemented on behalf of the reporting party must be non-punitive towards the responding party and cannot place an undue burden on the responding party. However, emergency removals may be enacted if it is determined that there is an immediate threat to an individual’s or community’s safety.

Sexual Misconduct CARE Team

The Sexual Misconduct CARE (Campus Awareness, Response, and Education) team is responsible for maintaining and implementing the University’s sexual misconduct policy. As part of their roles, specific team members are designated to respond to incident reports, investigate, adjudicate cases, raise awareness around sexual misconduct incidents, and implement preventative programming and training. Each team member is specifically trained for the role(s). To see the training materials utilized you can visit the George Fox University Title IX website: georgefox.edu/titleIX.

The following are primary roles within a sexual misconduct investigation process and definitions of the responsibilities held by each role:

Campus Advocate: The campus advocate has the same confidentiality privileges as personnel in the University Health and Counseling Center and Spiritual Life Office. They are trained in trauma-informed response and have a working knowledge of university policies and procedures. They are an excellent resource for reporting parties who are undecided on whether they wish to make a report or file a formal complaint.

Hearing Officer: The hearing officer is responsible for conducting the hearing and issuing a finding of responsibility based upon a preponderance of the evidence. In a formal Title IX hearing, the hearing officer also determines whether a cross-examination question is relevant and permissible to the hearing.

Investigator: The investigator is responsible for obtaining all the facts of a sexual misconduct incident and providing a written report for the reporting/responding parties, Title IX Coordinator and hearing officers.

Title IX Coordinator: The Title IX Coordinator is a full-time employee designated by the University to coordinate the sexual misconduct process, including the assessment and implementation of supportive measures, providing written notices and documentation to the reporting party and responding party, coordination of investigators and hearing officers, and maintaining case records. The Title IX Coordinator may also file a formal complaint and initiate an investigation on the behalf of the University if there is concern for the welfare of the broader community.

How to Report A Sexual Assault or Sexual Misconduct

Who Should I Report To?

We encourage anyone who has survived a sexual assault or has experienced sexual discrimination and/or sexual harassment to start by telling someone they trust. There are also three confidential reporting resources available on campus:

Campus Advocate

Physical location: Intercultural Resource Center (Moore House)
Phone: 503-554-2323
Hours: varies by academic year (for current hours visit our website: georgefox.edu/titleIX)

University Health & Counseling Center

Physical location: Woodward House (River St.)
Phone: 503-554-2340
Hours: 8am – 5pm, M-F

Spiritual Life

Physical location: Barclay House (across from Canyon Commons and LeShana Hall)
Phone: 503-554-2320
Hours: 8am – 5pm, M-F
Contact Person: Jamie Noling-Auth, University Pastor and Dean of Spiritual Life (jnolingauth@georgefox.edu)

It is important to note that other university personnel, including specific student leaders such as resident assistants, not included in the above list are required to notify a Title IX Coordinator if a student discloses that they have experienced a sexual assault or other sexual misconduct incident. The Title IX Coordinator will then reach out to the reporting party to ensure they know their reporting options and the supportive measures available to them. The student retains the right to decide whether to make a report or to file a formal complaint.

When should I contact a Title IX Coordinator?

Title IX Coordinators are specifically designated by the University to assess and implement supportive measures and coordinate formal grievance processes. Any student, faculty or staff member, or applicant for admission or employment who has concerns about sex discrimination, including but not limited to acts of sexual harassment, sexual assault or sexual violence, is encouraged to seek the assistance of one of the Title IX Coordinators. If the person wishes to ask questions in a confidential setting, they are encouraged to utilize one of the three confidential resources listed above.

Contact a Title IX Coordinator if you:

The following are members of the Sexual Misconduct CARE Team:

Title IX Role Name | Position Office Location Phone | Email
Lead Title IX Coordinator: employees

Nichole Drew,
Executive Director of Human Resources

Human Resources

ndrew@georgefox.edu

503-554-2182

Lead Title IX Coordinator: students

Katrina Johnson,
Dean of Student Belonging and Equity

Intercultural Resource Center (Moore House)

katrinaj@georgefox.edu

503-554-2318

Deputy Coordinator

Jennie Harrop,
Associate Dean, George Fox Connect

Margaret Lemmons House

jharrop@georgefox.edu

503-554-6024

Deputy Coordinator

Rebecca Hernandez,
Associate Provost of Local & Global Engagement

Hoover Academic Building
2nd Floor

rhernandez@georgefox.edu

503-554-2147

Deputy Coordinator

Brad Lau,
Vice President of Student Life

Hadlock Student Center

blau@georgefox.edu

503-554-2312

Deputy Coordinator

Mark Pothoff,
Dean of Students

Hadlock Student Center

mpothoff@georgefox.edu

503-554-2313

Deputy Coordinator

Elise Trask,
Associate Director of Athletics

Wheeler Sports Center

etrask@georgefox.edu

503-554-2934

Lead Investigator

Dave Johnstone,
Associate Dean of Students/Director of Commuter Life

Hadlock Student Center

djohnsto@georgefox.edu

503-554-2315

Investigator

Amy Ralston
Associate Director of Residence Life

Hadlock Student Center

aralston@georgefox.edu

503-554-3839

What happens after I make a report?

It is important that if you are considering filing a sexual misconduct report, you should know that you will be in control throughout the process. You can expect the following if you decide to make a report with a member of the Sexual Misconduct CARE team:

  1. You will be provided with a list of resources and support services available to you.
  2. An assessment will be made to determine appropriate supportive measures to ensure access to educational activities is maintained or restored.
  3. You will be given the opportunity to decide whether you would like to file a formal complaint or if you would like to pursue an informal resolution process. You may also choose to only receive supportive measures.
  4. If you decide to pursue a formal complaint, an investigation will be launched and the following will occur. 
    1. A written notice will be provided to you and the responding party simultaneously.
    2. The Title IX Coordinator will determine whether the incident falls under federal Title IX regulations, Oregon HB 3415, or the university code of conduct.
    3. Investigators will interview the reporting party, responding party, and relevant witnesses.
    4. Reporting party and Responding party will be given 10 calendar days to review the final draft evidence report.
    5. After the review period, the evidence report will be delivered to the hearing officers. If the case falls under Title IX, it will proceed to a live hearing. If the case falls under HB3415 or the university code of conduct, it will proceed to a closed hearing with only hearing officers present. At the hearing, the hearing officers will make a determination regarding whether the responding party was responsible for violating the university sexual misconduct policy.
    6. A notice of determination will be simultaneously sent to both parties that will contain the outcome and any appropriate remedies and/or sanctions.
    7. After the notice of determination, both parties will have 5 calendar days to appeal the outcome and/or sanctions.
  5. Regardless of whether a formal complaint is pursued or the outcome of an investigation, the University’s goal is the restoration and healing of each individual as well as to ensure that each individual is properly supported.

What if I or someone else was violating another university policy when the incident happened?

The University wants to eliminate barriers for students who may be hesitant to seek medical or emergency help or report an incident to university officials because they fear sanctions for policy violations (e.g., drinking alcoholic beverages). To encourage reporting, George Fox pursues a policy of conditional immunity, offering students who are accessing help for themselves or others from being charged with policy violations related to the particular incident.  While there may be no community accountability sanctions for these individuals, the University may provide elements of help, support, and education.

What are my rights as a reporting party/responding party?

Both reporting parties and responding parties have the right to the following:

  1. A fair and timely grievance process
  2. Written notices delivered simultaneously to both parties
  3. Explanation of the formal complaint process (also known as the grievance process)
  4. Timely communication throughout the formal complaint process
  5. Selection of an advisor of your choice (in the case of a live hearing, if a party does not have an advisor, the University will assign one)
  6. Privacy protections during the grievance process that include the following:
    1. The University must have written consent in order to access/consider medical records maintained by a physician, psychiatrist, or other recognized professional and made for the purpose of providing treatment to the party
    2. The University will never use or attempt to use questions or evidence that is protected by a legally recognized privilege
  7. An equal opportunity to submit and review evidence throughout the investigation
  8. An equal opportunity to appeal
  9. Protection from retaliation

In addition to the above, reporting parties have the right to the following:

  1. Supportive measures (regardless of whether a formal complaint is filed) that restore or preserve access to educational activities, are free of charge, and take into consideration individual needs and wishes.
  2. Protection from inappropriately being asked about prior sexual history
  3. Remedies that maintain equal access to education when a responding party is found responsible

In addition to the above, responding parties have the right to a grievance process that presumes their innocence until an investigation has been conducted and a finding of responsibility has been issued by the hearing officer.

Support Services

Sexual assault and other incidents of sexual misconduct disrupt a student’s access to educational programs and activities. George Fox University is committed to restoring access through a timely and fair grievance process and through providing appropriate supportive measures and support services.

Emergency Reporting

Students who have been sexually assaulted or are in immediate danger should contact:

Support Services vs. Supportive Measures

Title IX defines supportive measures as individualized services reasonably available that are nonpunitive, non-disciplinary, and not unreasonably burdensome to the other party while designed to ensure equal educational access, protect safety, or deter sexual harassment. When a reporting party makes a report to the Title IX Coordinator, the Title IX Coordinator will assess the individual situation and coordinate the appropriate supportive measures for both the reporting party and responding party.

Support Services are other avenues available both on and off campus that provide support to students who have experienced sexual misconduct regardless of whether they choose to make a report.

Confidential Support

The following areas provide confidential on-campus support and assistance for survivors of sexual assault regardless of whether a formal report has been made or when the incident occurred:

Campus Advocate

Physical location: Intercultural Resource Center (Moore House)
Phone: 503-554-2323
Hours: varies by academic year (for current hours visit our website: georgefox.edu/titleIX)

University Health & Counseling Center

Physical location: Woodward House (River St.)
Phone: 503-554-2340
Hours: 8am – 5pm, M-F

Spiritual Life

Physical location: Barclay House (across from Canyon Commons and LeShana Hall)
Phone: 503-554-2320
Hours: 8am – 5pm, M-F
Contact Person: Jamie Noling-Auth, University Pastor and Dean of Spiritual Life (jnolingauth@georgefox.edu)

Other On-Campus Resources

The following departments and individual employees are prepared to journey with the student to provide a variety of support services.

Commuter Life 

David Johnstone
Associate Dean of Students/Director of Commuter Life
503-554-2315

Intercultural Resource Center

D'Metri Mattocks
Director of Intercultural Life
503-554-2305

Mari Ortega
Administrative Assistant
503-554-2323

Residence Life

Liz Simmons
Director of Residence Life
503-554-2307

Mitzi Martinez
Associate Director of Residence Life
503-554-3845

Amy Ralston
Associate Director of Residence Life
503-554-3839 

Leo Cruz
Area Coordinator
503-554-3841

Serena Draper
Area Coordinator
503-554-3840

Justin Arteaga
Graduate Assistant
503-554-3842

Taylor Hagstrom
Graduate Assistant
503-554-3843

Romare Ashford
Graduate Assistant
503-554-3838

Disability and Accessibility Services Office (academic accommodations)

Physical location: Murdock Learning Resource Center
Phone: 503-554-2148
Website: ds.georgefox.edu 

Off-campus Resources

Yamhill County Crime Victim Services

Phone: 503-434-7510, 503-434-4616 (Evenings & weekends)
Hours: 8am – 5pm, M-F
Website:  http://oregoncrimevictimsrights.org/  

Henderson House

Phone: 503-472-1503 (24-hour)
Website: http://www.hendersonhouse.org/

Multnomah County’s “Call to Safety” Hotline : 888-235-5333 (available 24 hours)

National Sexual Assault Hotline: 800-656-HOPE(4673) (available 24 hours)

Discrimination, Bias, and Harassment

Harassment and Discrimination

George Fox University students and employees work, live, and learn in an environment where the dignity of each individual is respected.  Harassment or discrimination due to race, color, sex, sexual orientation, gender identity, marital status, religion, creed, age, national origin, citizenship status, workers' compensation status, physical or mental disability, veteran status, or any other status protected under applicable local, state, or federal law; or any other distinguishing characteristic protected by applicable non-discrimination law, is prohibited.

Actions that constitute harassment or discrimination may be verbal or physical conduct that includes, but is not limited to the following: demeaning gestures, threats of violence, physical attacks, or any types of threatening or verbal remarks. These behaviors include hazing (please see hazing policy), other initiations, or any actions that may be hazardous, dehumanizing, harassing or humiliating to people within or outside the George Fox community. Prohibited actions also include vandalism, destruction of a person’s property, the misuse of telephones, voicemail messages, text messages, United States or campus mail, as well as e-mail, social media or other electronic communication for the purpose of issuing obscene, harassing, or threatening messages.

Such conduct has the purpose or effect of interfering with an individual's work, academic, or student life environment. Students and employees are expected to conduct themselves in a manner that shows respect to all and ensures no discrimination or harassment occurs.

Bias-Related Incidents and Hate Crimes

A core value that flows from our Christ-centered mission is that we recognize the dignity and great worth of all people. Some issues that are contrary to this mission, and are not tolerated in our community, include bias-related incidents and hate crimes. Bias-related incidents can be any physical, spoken, visual, or written acts of abuse, harassment, intimidation, vulgarity, or remarks of a personally destructive nature toward another person because of actual or perceived defining characteristics. This can occur whether the act is intentional or unintentional, or is directed toward an individual or group regarding: race, color, sex, sexual orientation, gender identity, marital status, religion, creed, age, national origin, citizenship status, workers' compensation status, physical or mental disability, veteran status, or any other status protected under applicable local, state, or federal law; or any other distinguishing characteristic protected by applicable non-discrimination law.

A hate crime occurs when a bias-related incident involves a criminal act being committed. These crimes may involve, but are not limited to: physical assault, damage to property, bullying, harassment, verbal abuse or insults, or offensive graffiti or letters. Some hate crimes may violate Oregon and/or federal law, which is also a breach of university policies.

Guidelines for Responding to Bias-Related Incidents and Hate Crimes

Responding to concerns and incidents may vary depending on the nature and severity of a specific situation. It can include instances of protected speech that may generate harm, thus requiring intervention with potentially limited consequences. Bias-related incidents need to be addressed because they harm individuals, undermine civility and the understanding of our community, or impede the educational process. Public discussion and education can promote awareness of prejudice and examination of the values that underlie the George Fox community. Incidents may be dealt with through the process of community accountability with appropriate sanctions.

Reporting and Resources

We strongly encourage reporting of any bias-related incidents or hate crimes. The next section in this handbook gives students a variety of options for reporting incidents, as well as ways to receive support and help.

Supporting the Student and Community

The University believes it is important to respond to a bias-related incident or hate crime with concern for the student(s) or other person(s) who have been targeted and the community as a whole. University personnel can assist the student or other person in documenting the event and explaining the options for addressing what has occurred. If the incident involves the violation of a University policy, there is a process for investigation and resolution.

Appropriate assistance is available to students who are targeted. University personnel strive to ensure that the affected student feels safe in their educational environment and may, if appropriate, adjust or change course schedules or take other appropriate measures to assist the student. The University administrator(s) may also offer help documenting the event (i.e. taking photos of the offending material); help in talking with/filing a complaint with the police; assistance in arranging counseling or other forms of support; or help, as appropriate, in initiating mediation between the affected student or other person and the offender. If it is appropriate, the targeted individual may also elect to participate in a University sponsored discussion about the incident, if one is held. 

When bias-related incidents or hate crimes occur on campus, they can strain the fabric of the community. University officials may consider what sort of communication about the incident is appropriate, taking into account various factors such as personal safety and confidentiality.

In some cases, public discussion about the incident can serve to educate the community and promote awareness of prejudice. Programs that address bias-related incidents can change a hateful incident into an opportunity for increased understanding and personal growth. In some cases, University personnel may collaborate with other offices on campus and with students to decide to offer programs that include one or more of the following: discussions, open forums, panels, films, speakers, and other educational programming. Among other things, these events may serve to help the community understand and address what has occurred.

Bias Incident Response Team (BIRT)

In addition to the response outlined in the Reporting & Resources section, the Bias Incident Response Team (BIRT) addresses issues relating to bias-related incidents and hate crimes. The BIRT aids in developing recommendations to help the Student Life Office determine if, when, and how the community should be informed of a bias-related incident or hate crime that has occurred. They also discuss and implement appropriate educational and programming opportunities in response to an incident.

The BIRT is chaired by the Dean of Student Belonging and Equity/Title IX Coordinator and is composed of select faculty, staff, and administrators. The chair may also invite other community members to be on the BIRT as appropriate. When an incident occurs, the BIRT convenes at the request of University personnel or a student.

Campus Public Safety may work with the BIRT in order to improve communication about incidents and their implications for groups and individuals within our community. The Newberg-Dundee Police Department may also be invited for discussion of bias-related incidents or hate crimes and may meet with the BIRT as appropriate.

Reporting and Resources for Bias-Related Incidents and Hate Crimes

Bias-related incidents and hate crimes are not tolerated in the George Fox community. These actions may also violate local, state and federal law. Designated University personnel investigate all complaints or allegations of harassment promptly. 

Appropriate, corrective action may be implemented based upon the findings of the investigation. Although demeaning, discriminating or harassing messages on such things as flyers, posters, emails, social media, voicemails, and graffiti are often obnoxious or worse, it is helpful to preserve them as evidence, and not to disturb or remove anything that could help identify the source and/or targets or other affected persons.

If any student or employee believes he or she has witnessed, or has been subjected to, harassment, discrimination, bias-related incidents, hate crimes, the person is encouraged to immediately report the incident to the Dean of Student Belonging and Equity/Title IX Coordinators or student life personnel. Any person violating these policies may be subject to appropriate community accountability, up to and including termination if they are an employee, and suspension or dismissal if they are an undergraduate or graduate/George Fox Connect student.