Sexual Misconduct Introduction

Pacific community members shall be able to pursue their interests in a safe and respectful environment free from any form of sexual misconduct. The University will not tolerate such acts against its members, will evaluate known incidents of alleged sexual misconduct, and, when appropriate, apply student conduct action. Violations of the Sexual Misconduct Policy are forms of sexual harassment, which constitute prohibited sex-based discrimination, under Title IX of the Education Amendments Act of 1972 and other public laws and their associated regulations. University of the Pacific addresses Sexual Misconduct Policy violations as forms of prohibited gender-based discrimination not only as violations of the Student Code of Conduct, but also as a gender-based discrimination grievance through the Student Conduct Review process. Therefore, the process of review by the Student Conduct Review Board is Pacific's gender-based discrimination grievance procedure under Title IX. This policy pertains to incidents of sexual misconduct between students or when the alleged perpetrator is a student. Alleged victims may be of any gender or sexual orientation. This policy defines sexual misconduct and the activities that constitute a violation; identifies procedures for responding to incidents; outlines options for reporting alleged violations; and explains the student conduct hearing process for alleged violations. In instances where a student asserts that a faculty or staff member has engaged in sexual misconduct, a student should make a report with the Department of Human Resources (209.946.2740) or alert the Director of Student Conduct and Community Standards (209.946.2177) who will assist the student in making a report. Reporting is the only way the University can take action against an alleged violator of the policy. Students may choose to file a report of alleged sexual misconduct at any point in time; however, anyone that is made aware of an alleged assault is strongly encouraged to report incidents to appropriate University officials as soon as possible. Reporting within 72 hours will help ensure that a student receives appropriate medical attention and emotional support. Timely reporting will also aid in the collection and preservation of potential evidence.  In order to provide the level of care to reporting of such events and to avoid any failures of communications, the University expects that a student's reporting of alleged incidents of sexual misconduct should include an electronic, email, or in-person report to a University staff member who is at the director or higher level in administration. The University encourages victims of sexual misconduct to report it to University officials, but recognizes that some victims are hesitant to report to University officials because they fear that they themselves may be accused of policy violations, such as underage drinking at the time of the incident. It is in the best interests of our community that as many victims as possible choose to report to University officials. To encourage reporting, the University pursues a policy of offering victims amnesty from policy violations related to the incident. The University reserves the right to take whatever measures it deems necessary in response to an allegation of sexual misconduct in order to protect students' rights and personal safety. Such measures include, but are not limited to, modification of living arrangements, interim suspension from campus pending a hearing, and reporting to the local police. Prosecution by the criminal justice authorities is not a requirement for the student conduct process to be initiated. Not all forms of sexual misconduct will be deemed to be equally serious offenses, and the university reserves the right to impose differing sanctions, ranging from verbal warning to dismissal, depending on the severity of the offense. The university will consider the concerns and rights of both the complainant and the person and the person accused of sexual misconduct when making determinations.