Title IX Information

Confidential On-Campus Support

Counseling Center
541-349-7471
Located on the first floor of Siefke Hall

Pastoral (Campus Pastor) or Counseling (Counselor & Coordinator for Wellness) Support via Office of Student Life
541-684-7345
Located on the first floor of Womack Hall

Off-Campus Support

Sexual Assault Support Services (SASS)
24/7 Hotline – 541-343-7277 or 1-800-788-4727

RAINN 24/7
Hotline – (800-656-4673)
Online Chat – (online.rainn.org)

Lane County Victim’s Assistance Programs
541-682-4523

Department of Human Services
541-686-7555

Eugene City Victim’s Assistance Program
541-682-8432

Conversations with all University employees that are related to Title IX are kept as private as possible, but information about incidents of suspected violations of Title IX are legally mandated be shared to the extent necessary to conduct an investigation and take any corrective action deemed appropriate by the University.

The only two categories exempt from reporting a suspected violation of Title IX are counseling sessions that take place within a clinical counseling context and pastoral counseling sessions with the Campus Pastor in the Office of Student Life.

Sexual assault can happen to anyone. There is no typical survivor. Statistics indicate that anywhere from 85-90% of all sexual assaults occur between people who know each other. If a friend has been assaulted or raped:

• Listen and be supportive.
• Encourage your friend to immediately contact the appropriate resources.
• Stay with your friend during interviews and examinations if she or he wants you to do so.
• Take care of yourself. You may need to talk with someone about how this has affected you. The resources listed in this section are for you as well.
• If you have been assaulted or raped, you have control of the choices you can make. Following are recommendations to assist you in dealing with this crime:
• Do not blame yourself. Sexual assault is NEVER the survivor’s fault.
• Go to a safe location.
• Seek medical attention immediately.
• Do NOT shower, bathe, or douche. The only way medical evidence can be collected is if it is left intact.
• Do not straighten up the area where the assault has taken place. Put clothes in a PAPER bag. The impulse to clean is normal, but evidence that might be needed will be destroyed by these activities.
• Get to a hospital. Transportation can be provided by a friend or roommate or through the local resources (see below).

Note: In order to collect evidence to later be used in legal proceedings, an exam should be administered at Sacred Heart Medical Center. This is performed at the survivor’s discretion. Although the survivor may not want to press charges immediately, it is important that evidence is collected for potential future use as soon as possible after the assault takes place.

Rape Trauma Syndrome (RTS) is an acute stress reaction to the threat of being killed or of being seriously injured, resulting from either a completed or attempted sexual assault. Not all the reactions encompassed by RTS are experienced by each survivor. Rather, RTS represents a range of possible reactions which vary from person to person. RTS has two major phases: (1) the immediate or acute phase, in which the survivor’s lifestyle is completely disrupted, and (2) the long-term phase in which the survivor must reorganize this disrupted lifestyle.

Characteristics of the first phase include shock, disbelief, sleeping and eating pattern disturbances, difficulty in concentrating, fear, shame, guilt, mood swings, lack of self-esteem, and flashbacks to the incident. Recovery is aided by support from friends, relatives, and others in the survivor’s environment.

Any student, faculty or staff member 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 identified above.

Contact a Title IX Coordinator if you:

• Wish to understand your options if you think that you may have encountered sex
  discrimination, sexual harassment, sexual assault, or sexual violence.
• Learn of a situation that you feel may warrant an institutional investigation.
• Need help on how to handle a situation in which you are indirectly affected.
• Want information about possible informal remedies or administrative measures to deescalate or alleviate a difficult situation.
• Have questions about Bushnell’s policies and procedures.

Consent means informed, freely and actively given, mutually understandable words or communications by a person capable of giving consent that indicate a willingness to participate in mutually agreed upon sexual activity. Consent obtained through use of force (actual or implied, immediate or future), whether that force consists of physical force, threats, intimidation, or coercion, is invalid.

Consent may not be demonstrated by lack of resistance, silence, a previous relationship, or a current relationship. Intoxication may invalidate consent and does not negate the need to obtain consent. A person who is not of legal age, who is incapacitated by physical or mental illness, who is mentally or physically incapacitated, or who is unconscious or unaware, is incapable of giving consent.

Please review Bushnell’s Title IX Sexual Harassment Policy & University Sexual Misconduct Policy as both policies address prohibited conduct.

In determining whether alleged conduct violates these aforementioned policies, the University will consider the totality of the facts and circumstances involved in the incident, including the nature of the alleged conduct and the context in which it occurred. Any of the prohibited conduct defined in the aforementioned policies can be committed by individuals of any gender, and it can occur between individuals of the same gender or different genders. It can occur between strangers or acquaintances, as well as people involved in intimate or sexual relationships.

Prohibited conduct involving force, duress, or inducement of incapacitation, or where the perpetrator has deliberately taken advantage of another individual’s state of incapacitation, will be deemed especially egregious and may result in expulsion or termination of employment. The respondent’s consumption of alcohol or the use of illegal substances does not constitute a mitigating circumstance when it contributes to a violation under this policy.

The standard of proof to find a violation of University policy is a preponderance of the evidence. Preponderance of the evidence means that a decision of responsibility for a policy violation will be made on whether it is more likely than not that the respondent violated the policy based on the totality of information gathered during the investigation.

The University has identified individuals and departments on campus who have a professional requirement to maintain confidentiality* of a conversation with a complainant, respondent, or witness who wants someone to talk to, but does not want to report the incident to the University. If a complainant, respondent, or witness discloses sexual misconduct to a below mentioned individual when that individual is not acting in the role that provides them privilege (such as when a counselor is serving as a professor rather than in their counseling role), the individual is required to make a report to the Title IX Coordinator. The following are individuals and departments on campus who are privileged and confidential resources when working in the following roles:

• Bushnell Counseling Center – (541) 684-7471
• Pastoral support via Office of Student Life – (541) 684-7345

Confidential Off-Campus Support*

• Sexual Assault Support Services (SASS) 24/7 Hotline (541-343-7277, 1-800-788-4727)
• RAINN 24/7 Hotline (800-656-4673) Online Chat (online.rainn.org)
• Lane County Victim’s Assistance Programs (541-682-4523)
• Department of Human Services (541-686-7555)
• Eugene City Victim’s Assistance Program (541-682-8432)

*While the individuals listed above have professionally required confidentiality, there are certain, specific situations in which they are not able to maintain information confidentially. Those situations are: (1) if someone may be a danger to themselves or others, (2) information about any minor or elder currently being subjected to abuse or neglect – including intentional access to unlawful sexual images, or (3) if the information is subpoenaed for court proceedings.

Any person may report sex discrimination, including sexual harassment (whether or not the person reporting is the person alleged to be the victim of conduct that could constitute sex discrimination or sexual harassment), in person, by mail, by telephone, by completing the online reporting form or by electronic mail, using the contact information listed under Reporting (above) for the Title IX Coordinator(s), or by any other means that results in the Title IX Coordinator receiving the person’s verbal or written report.

Such a report may be made at any time (including during non-business hours) by using the online reporting form, pertinent telephone number or electronic mail address, or by mail to the office address, listed for the Title IX Coordinator.

A complainant may always report sexual misconduct such as sexual assault or other potentially criminal activity to law enforcement by calling 911. The University supports any complainant who wishes to file a police report and will assist the complainant with reporting if needed. Complainants are encouraged to contact local police in the jurisdiction where the incident occurred, but it is their choice whether or not to report to law enforcement. If an individual reports an alleged incident to law enforcement, the University will cooperate with any investigation to the extent permitted under applicable law.

In emergency situations, if there is a suspected crime in progress or imminent or serious threats to the safety of anyone, employees must, and students are encouraged to, immediately contact the Eugene Police Department by dialing 911.

To encourage and support the reporting of University Sexual Misconduct and Title IX Sexual Harassment, students who participate as witnesses or complainants in investigations under this policy will not be subject to student conduct charges for conduct like under-age drinking or use of illegal drugs that may have occurred at the time of or as a result of the sexual misconduct in question.

No, In accordance with federal law and University policy, the University does not contact students’ parents regarding the details of a Title IX report. If you want your parents to know what is going on, it is best that you share this information directly with them or speak to the Registrar about a FERPA release.

You are not required to bring anything with you to meet with the Title IX Coordinator or investigators unless you have information that you would like to share with them, such as text messages, photos, or other digital or physical documentation. You may bring a list of witnesses with whom you would like the investigators to meet. You are welcome to bring an advisor or support person of your choice with you.

Supportive measures are non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the complainant or the respondent before or after the filing of a formal complaint or where no formal complaint has been filed. Such measures are designed to restore or preserve equal access to the University’s education program or activity without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the University’s educational environment, or deter sexual harassment.
Supportive measures may include:

• counseling
• extensions of deadlines or other course-related adjustments
• modifications of work or class schedules
• campus escort services
• mutual restrictions on contact between the parties
• changes in work or housing locations
• leaves of absence
• increased security and monitoring of certain areas of the campus
• other similar measures

The University must maintain as confidential any supportive measures provided to the complainant or respondent, to the extent that maintaining such confidentiality would not impair the ability of the University to provide the supportive measures. The Title IX Coordinator is responsible for coordinating the effective implementation of supportive measures.

The Title IX Coordinator will share information with you about the nature of the allegation(s) so you have enough information to respond to the allegations if you choose to do so. The Title IX Coordinator or Title IX investigator(s) will request a meeting with you to explain the investigative process as well as your rights within the process. In this meeting, the Title IX Coordinator or Title IX investigator(s) will review relevant University policies, procedures, and support measures. You have a right to have an advisor of your choice present during this meeting and any meeting thereafter that takes place as part of the investigation or appeal process.

The University’s grievance process will treat complainants and respondents equitably by providing remedies to a complainant where a determination of responsibility for sexual harassment has been made against the respondent, and by following this grievance process before the imposition of any disciplinary sanctions or other actions that are not supportive measures against a respondent. Remedies will be designed to restore or preserve equal access to the University’s education program or activity.

Please refer to Bushnell’s Title IX Sexual Harassment Policy & University Sexual Misconduct Policy for further details.

Supportive measures are non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the complainant or the respondent before or after the filing of a formal complaint or where no formal complaint has been filed. Such measures are designed to restore or preserve equal access to the University’s education program or activity without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the University’s educational environment, or deter sexual harassment.
Supportive measures may include:

• counseling
• extensions of deadlines or other course-related adjustments
• modifications of work or class schedules
• campus escort services
• mutual restrictions on contact between the parties
• changes in work or housing locations
• leaves of absence
• increased security and monitoring of certain areas of the campus
• other similar measures

The University must maintain as confidential any supportive measures provided to the complainant or respondent, to the extent that maintaining such confidentiality would not impair the ability of the University to provide the supportive measures. The Title IX Coordinator is responsible for coordinating the effective implementation of supportive measures.

You are not required to bring anything with you to meet with the Title IX Coordinator or investigators unless you have information that you would like to share with them, such as text messages, photos, or other digital or physical documentation. You may bring a list of witnesses with whom you would like the investigators to meet. You are welcome to bring an advisor or support person of your choice with you.

No, In accordance with federal law and University policy, the University does not contact students’ parents regarding the details of a Title IX report. If you want your parents to know what is going on, it is best that you share this information directly with them or speak to the Registrar about a FERPA release.

The Title IX Coordinator and investigators recognize the sensitivity and personal nature of these types of incidents and will ask anyone sharing information during an investigation to respect the privacy of those involved. In accordance with federal law and University policy, the Title IX Coordinator and investigators only share information on a need-to-know basis to those with a legitimate need to know. This means that the individuals usually informed about investigations are those involved in the investigation and possible adjudication processes. These individuals generally include the Title IX Coordinator, Title IX investigators, hearing officer(s), and appeals officer, if requested. Notification of other individuals or departments is determined on a case by case basis.

Therefore, if your professors do not have a legitimate need to know about the investigation to perform in their roles as faculty, they will not be informed of it. At times, respondents may find that an investigation divides their attention away from their academics, and they therefore request interim and supportive measures such as a general notification to their faculty that they are experiencing personal difficulties. This notification does not specify anything about the respondent’s involvement in an investigation, but it does request for faculty to offer reasonable flexibility with coursework, deadlines, or exams. Other interim and supportive measures can be discussed based on your specific needs, including any adjustments that may aid in your success at the University after the conclusion of the investigation and/or hearing.

Bushnell University is following up on a reported concern, and believes you may have relevant information.

You are being asked to participate in an investigation because you have been identified as someone who has relevant information – not because you are being investigated. Bushnell University has an amnesty policy, which may apply in your situation.

Amnesty: To encourage and support the reporting of University Sexual Misconduct and Title IX Sexual Harassment, students who participate as witnesses or complainants in investigations under this policy will not be subject to student conduct charges for conduct like under-age drinking or use of illegal drugs that may have occurred at the time of or as a result of the sexual misconduct in question.

Yes, there are on-campus resources along with community and national resources available to offer support.

• Bushnell Counseling Center – (541) 684-7471
• Pastoral support via Office of Student Life – (541) 684-7345
• Sexual Assault Support Services (SASS) 24/7 Hotline – (541)343-7277 or Toll Free – (800) 788-4727
• RAINN (National Sexual Assault Support Services) 24/7 Hotline and live chat – (800) 656-4673 or www.rainn.org

The Student Right-to-Know and Campus Security Act of 1990 and the Campus Sexual Assault Victim’s Bill of Rights Amendment of the 1992 Higher Education Reauthorization Act (copies of which can be found in the Student Life Office) require Universities to report accurate statistics regarding sexual assaults and rapes.

Abusive sexual behavior is harmful to both the learning environment and the sense of community the University seeks to foster among students, faculty, staff and administration. All members of the University community have an obligation to act responsibly in the realm of sexuality. Any student who, either individually or in concert with others, participates in any of the aforementioned misconduct is subject to University discipline including suspension, dismissal, and/or expulsion.