Gender Discrimination, Harassment, Retaliation, and Title IX Policy

NUNM Title IX Policy Update (2024) This updated policy includes more explicit protections for gender identity, gender expression, and sexual orientation as part of the new 2024 Oregon regulations. These updates reflect NUNM’s ongoing commitment to maintaining a safe and equitable environment for al members of its community.

Gender Discrimination, Harassment, Retaliation, and Title IX Policy

NUNM is committed to providing a healthy learning and work environment for its students, staff, and faculty. Discrimination, harassment, and retaliation fundamentally compromise the integrity of human relationships, affect morale and performance, and threaten an individual’s sense of security and well-being. They may also violate the law.

NUNM works to prevent such occurrences and to remediate discrimination, harassment, and retaliation that occur.

All persons employed by or enrolled at NUNM should be able to work in an environment free from all prohibited forms of harassment and discrimination, including (but not necessarily limited to) harassment or discrimination based on sex or gender, race, color, religion, national origin, age, disability, sexual orientation, gender identity and expression, pregnancy status, veteran or military status, or any other category protected under federal, state, or local law. NUNM’s policy is aligned with both federal and Oregon state laws regarding gender discrimination and harassment.

NUNM prohibits sex or gender discrimination and harassment as defined in both Title IX and the updated 2024 Oregon regulations. Title IX states 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.” This policy reflects both the federal regulations and Oregon’s heightened focus on protecting against discrimination based on gender identity and expression.

13.1 Definitions

Discrimination is the exclusion from participation, the denial of benefits, or the subjection of a person to negative differential treatment based on their protected class. A “protected class” includes gender, gender identity or expression, race, color, religion, national origin, age, disability, sexual orientation, veteran or military status, pregnancy status, and any other status protected under federal, state, or local law.

Harassment is unwelcome conduct based on a person’s protected class. Harassment can include verbal, nonverbal, or physical conduct that is sufficiently severe or pervasive that it unreasonably interferes with an individual’s work or academic performance or creates an intimidating, hostile, or offensive environment. Under 2024 regulations, Oregon law now emphasizes the protection of individuals based on gender identity and sexual orientation.

Sexual Harassment includes unwelcome sexual advances, requests for sexual favors, or other verbal, nonverbal, or physical conduct of a sexual nature that creates an intimidating, hostile, or offensive environment. This includes Quid Pro Quo Sexual Harassment, Sexual Assault, Dating Violence, Domestic Violence, and Stalking.

Under Title IX Sexual Harassment, conduct on the basis of sex includes:

  • Quid Pro Quo Sexual Harassment
  • Hostile Environment: Severe, pervasive, and objectively offensive conduct that denies access to educational programs or activities.
  • Sexual Assault, Dating Violence, Domestic Violence, and Stalking

For a behavior to qualify as Title IX Sexual Harassment, it must occur in the U.S., within an NUNM educational program or activity, or on property owned by a recognized student organization, in line with the Department of Education’s guidelines.

Consent is defined as a voluntary, knowing, and affirmative agreement to engage in sexual activity. Oregon law now explicitly recognizes that consent cannot be given if a person is incapacitated due to intoxication or subjected to coercion or intimidation.

13.2 Discrimination, Harassment, Sexual Harassment, and Retaliation Prohibited

NUNM strictly prohibits Discrimination, Harassment, Sexual Harassment (including gender identity-based discrimination and harassment), and Retaliation. Under the new 2024 guidelines, the Oregon state regulations further emphasize protections for individuals against discrimination on the basis of gender identity, gender expression, and sexual orientation. NUNM is committed to responding promptly to concerns about these behaviors, investigating appropriately, and taking steps to end these behaviors and prevent their recurrence.

Retaliation includes any adverse action taken against a person who opposes discrimination, makes a complaint, or participates in any manner in an investigation or hearing under this policy.

This updated policy includes more explicit protections for gender identity, gender expression, and sexual orientation as part of the new 2024 Oregon regulations. These updates reflect NUNM’s ongoing commitment to maintaining a safe and equitable environment for all members of its community.

13.3 Reporting and Resources

Reporting and Resources Inside NUNM

NUNM will promptly respond to any report or complaint of Discrimination, Harassment, or Sexual Harassment that it receives, whether the incident occurred on or off-campus. This includes all forms of Sexual Harassment, including Sexual Assault, Dating Violence, Domestic Violence, and Stalking.

Any person may make a report of Discrimination, Harassment, or Sexual Harassment at any time. As part of the 2024 Oregon regulations, protections for gender identity and expression are highlighted. If a student or employee believes they are being subjected to Discrimination, Harassment, or Sexual Harassment, they should report it immediately to one of the following: the Dean of Students (Title IX Coordinator) or the Director of Human Resources (Deputy Title IX Coordinator). Any individual may report on behalf of the Complainant, with the goal of ensuring community safety. Reports can be made anonymously, but addressing anonymous reports may pose challenges without the involvement of the Complainant.

Contact information for the Title IX Coordinator:

Rachael Allen
109 SW Porter St. Portland, OR 97201
rallen@nunm.edu
503-577-6703

Reports can also be filed online via the “Community Reporting” form available on MyNUNM.edu and the NUNM website footer.

The Title IX Coordinator (or designee) will promptly provide resources and referrals to any individual reporting Sexual Harassment. Upon receipt, the Coordinator will assess whether there is an immediate campus safety issue and take appropriate action, as well as determine the next steps.

Reports are kept as private as possible, while ensuring appropriate response. NUNM will prioritize the Complainant’s wishes regarding investigations. Confidential reporting is available through a Title IX Advocate or during a patient visit to NUNM Health Centers, following the updated Oregon regulations that emphasize expanded protections for confidential reporting, especially for gender identity and sexual orientation-related incidents.

On-Campus Resources:

  • Campus Safety (incl. evenings/weekends): 503.830.3613
  • Title IX Confidential Advocate: Dr. Kate Patterson kpatterson@nunm.edu
  • NUNM Health Centers (confidential services with a doctor): 503.552.1555
  • Dean of Students (Title IX Coordinator): 503.552.1607

Reporting and Resources Outside NUNM

Reporting criminal behavior to the Portland Police is optional but available to all. The Portland Police Bureau’s non-emergency number is 503.823.0000. For emergencies, dial 911.

Mandatory Reporting:
NUNM employees are mandatory reporters for child abuse, elder abuse, or abuse of vulnerable adults, following both federal laws and Oregon’s strict child protection regulations. Mandatory reports should be directed to the Oregon Department of Human Services hotline at 1-855-503-SAFE (7233).

If an order of protection or restraining order is filed with local law enforcement, NUNM encourages notification to the Office of Safety and Security, Office of Student Life, or Human Resources, even if the order involves a non-NUNM community member, allowing NUNM to assist in its enforcement on NUNM property.

Off-Campus Resources:

  • Portland Police Bureau: 911 or 503.823.3333
  • Call to Safety (Portland Women’s Crisis Line): 888.235.5333
  • Sexual Assault Resource Center: 503.640.5311
  • Multnomah County Crisis Line: 503.988.4888
  • Oregon Health & Science University (OHSU) Emergency Room: 503.494.7551
  • Multnomah County Victim Assistance: 503.988.3222

13.4 Amnesty Provision

In support of timely reporting of Sexual Harassment, NUNM will not discipline a victim for admitted alcohol or drug use related to the alleged interaction. This provision is consistent with Oregon’s focus on prioritizing safety over punitive actions when survivors come forward.

13.5 Report Intake and Analysis

When the Title IX Coordinator receives a report under this policy, they will consult with the Reporter and/or the Complainant to determine the nature of the matter, the desired response, and whether the matter requires a more comprehensive investigation.

Title IX Sexual Harassment Cases
If the Title IX Coordinator determines that the report is alleging Title IX Sexual Harassment, they will address the alleged Title IX Sexual Harassment under the Title IX-specific procedures that apply to the Respondent. If the Respondent is a student, faculty member, or staff member, the Title IX Coordinator will address the matter through the student Title IX Hearing Process Title IX Hearing Process. If the Respondent is neither a student, faculty, nor staff, the Title IX Coordinator will assist the Complainant in accessing whatever procedures are available (including procedures outside NUNM) to address the matter.

All Other Cases
If the matter alleged does not involve Title IX Sexual Harassment, NUNM will address it through its ordinary procedures that govern cases of discrimination, harassment, and retaliation. If the Respondent is a student, the Title IX Coordinator will refer the matter for resolution through the Student Code of Conduct Student Handbook. If the Respondent is an employee, the Title IX Coordinator will refer the matter to Human Resources for resolution through its grievance procedures Employee Handbook. If the Respondent is neither student, faculty, nor staff, the Title IX Coordinator will assist the Complainant in accessing whatever procedures are available, including procedures outside of NUNM, to address the matter.

13.6 Title IX Sexual Harassment Procedures

This section provides a summary of NUNM’s Title IX Hearing Process applicable to student Respondents. For further detail, please consult the full Title IX process.

Supportive and Remedial Response
In some cases, a Complainant may prefer not to engage in a formal process, but instead receive supportive measures from NUNM and remedies to assist them in continuing to access NUNM’s educational programs and services. NUNM will provide supportive measures and remedies upon request. NUNM will honor a Complainant’s preference regarding a formal investigation whenever possible, considering the Title IX Coordinator’s assessment of community safety. In some instances, the Title IX Coordinator may file a complaint on behalf of the institution to ensure the safety of the community.

Informal Resolution
If deemed appropriate by the Title IX Coordinator, the parties may be offered the opportunity to pursue informal resolution. Participation in this process is voluntary, and either party may choose to terminate it at any time and pursue the formal grievance process.

13.7 Prevention Education

The Office of Student Life and the Office of Safety and Security offer campus safety programs designed to inform and educate the community on preventing, interrupting, and addressing safety issues. These programs include bystander intervention training, reporting violent crimes, and offering personal safety measures. The programming also addresses the prevention of domestic violence, sexual assault, dating violence, and stalking, in compliance with Title IX laws and the Campus SaVE (Sexual Violence Elimination) Act. The objective of these programs is to equip the NUNM community with the knowledge to prevent violence, how to intervene during incidents, and recognize early signs of violence. These presentations occur annually and are open to all members of the campus.

13.8 Training of Title IX Personnel

NUNM ensures that all Title IX personnel, including the Title IX Coordinator, Deputy Coordinators, Investigators, decision-makers (including Hearing Board members), and informal resolution facilitators, receive comprehensive training. This training covers the definition of Title IX Sexual Harassment, the scope of NUNM’s education programs or activities, NUNM’s consent definition, and procedures for conducting investigations, hearings, appeals, and informal resolutions. Title IX personnel are also trained to serve impartially, avoiding conflicts of interest, bias, and prejudgment of the facts involved in a case.