Policy Against Discrimination, Harassment, and 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 occurs. 

All persons who are 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, veteran or military status, or any other category protected under federal, state, or local law. NUNM is committed to the prohibition of discrimination in the workplace, as covered under Title VII of the Civil Rights Act of 1964.  No NUNM student, faculty, staff, administrator, or board member is exempt from this policy.  NUNM also prohibits behavior that violates this policy by visitors, business invitees, vendors, community partners, and all other individuals who impact NUNM’s educational programs and activities; NUNM will address policy violations by those individuals to the extent reasonably possible given NUNM’s control over them.

In addition, NUNM prohibits sex or gender discrimination and harassment as delineated in Title IX of the Education Amendments Act of 1972 and its implementing 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.”    

13.1 Definitions 

Discrimination is excluding from participation, denying benefits to, or otherwise subjecting a person or a group of people to negative differential treatment based on the person’s protected class.  For the purposes of this policy, a “protected class” includes gender, race, color, religion, national origin, age, disability, sexual orientation, gender identity or expression, veteran or military status, pregnancy status, or 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 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.

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.  It includes Quid Pro Quo Sexual Harassment, Sexual Assault, Dating Violence, Domestic Violence, and Stalking.  NUNM will analyze and may have an obligation to respond to any complaint of Sexual Harassment is receives, regardless of whether the incident occurred on the campus of the institution or elsewhere.

Title IX Sexual Harassment is conduct on the basis of sex that includes one or more of the following:

To qualify as Title IX Sexual Harassment, the behavior must also meet other requirements, including occurring in the United States, in an NUNM educational program or activity or in at a property owned or controlled by a recognized NUNM student organization, and other requirements as described in the Department of Education’s regulations interpreting Title IX.

Consent occurs when each person participating in sexual interaction voluntarily, knowingly, affirmatively, and clearly gives verbal permission for a sexual activity. Consent may be given and withdrawn at any point while a sexual interaction is occurring.  If consent is granted for some sexual activity, and the sexual interaction exceeds the extent of the consent, then there is not consent for the additional activity.  Silence or absence of resistance does not imply consent. Consent cannot be given in circumstances when the person is incapable of giving consent due to intoxication or other reason, nor can consent be given when the person is subject to coercion, force, threat, or intimidation.

Quid Pro Quo Sexual Harassment (“this for that”) occurs when an NUNM employee conditions the provision of an NUNM aid, benefit, or service on a person’s participation in unwelcome sexual conduct.

Sexual Assault is any offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation.  These offenses include but are not limited to the following:

Dating Violence: Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship shall be determined based on the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.

Domestic Violence: Violence committed by: (1) a current or former spouse or intimate partner of the victim; (2) a person with whom the victim shares a child in common; (3) a person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner; (4) a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred; (5) or 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 in which the crime of violence occurred.

Stalking: Engaging in a course of conduct directed at a specific person that would cause a reasonable person to: (1) fear for the person’s safety or the safety of others; or suffer substantial emotional distress.  For the purposes of this definition: (1) 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; (2) reasonable person means a reasonable person under similar circumstances and with similar identities to the victim; (3) and substantial emotional distress means significant mental suffering or anguish that may but does not necessarily require medical or other professional treatment or counseling.

Retaliation means any adverse treatment that is taken because a person has opposed discrimination or harassment, made a complaint, given information, assisted, or participated in any manner in an investigation, proceeding or hearing under this policy, that would discourage a reasonable person from engaging in those activities. 

Stalking is a form of sexual harassment when there is behavior directed toward a specific person over time (repetitively and menacing) by a specific individual, which is both unwelcome and would cause a reasonable person to feel fear.

Complainant: A person who reports experiencing Discrimination, Harassment, or Sexual Harassment.

Reporter: A person who reports Discrimination, Harassment, or Sexual Harassment experienced by another person.

Respondent: A person who is reported to have engaged in Discrimination, Harassment, or Sexual Harassment.

Investigator: A trained, unbiased professional who gathers information relevant to Title IX cases and provides a report and evidence to be used in a formal hearing.  There may be more than one Investigator, as the Title IX Coordinator deems appropriate for the case.

Title IX: Title IX of the Education Amendments Act of 1972 is a federal law that prohibits sex discrimination in NUNM’s educational programs and activities.  Title IX requires specific procedures for addressing Title IX Sexual Harassment.

Title IX Coordinator: An NUNM official authorized to receive reports of Sexual Harassment and provide corrective action.  NUNM has identified the dean of students as the Title IX Coordinator. NUNM has identified two deputy coordinators: the vice president of human resources, and the director of security.   In this policy, the functions of the Title IX Coordinator may be performed by the Coordinator or a Deputy Coordinator.

13.2  Discrimination, Harassment, Sexual Harassment, and Retaliation Prohibited

NUNM strictly prohibits Discrimination, Harassment, Sexual Harassment, and Retaliation in all its forms.  NUNM is committed to responding promptly to concerns about these behaviors, to investigating appropriately, and to taking steps to end these behaviors and prevent their recurrence.

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, regardless of whether the incident occurred on the campus of the institution or elsewhere.  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.  Any student or employee who believes that they are or may being subjected to Discrimination, Harassment, or Sexual Harassment should immediately report it to any one of the following: dean of students (Title IX Coordinator), vice president of human resources (Deputy Title IX Coordinator), director of security (Deputy Title IX Coordinator), or a program dean.  Any person may make a report on behalf of a Complainant with the intent to safeguard the community.  Reports may also be made anonymously.  However, it may be more difficult for NUNM to address anonymous reports or reports without a Complainant.  

The contact information for the Title IX Coordinator is as follows:

Rachael Allen

109 SW Porter St. Portland OR 97201

rallen@nunm.edu

503-577-6703

Reports can also be filed online. This reporting form can also be found on the page footer of the NUNM website: “Community Reporting.”

The Title IX Coordinator or a designee will promptly provide resources and referrals provided to any person who reports experiencing Sexual Harassment.  Upon receipt of the report, the Title IX Coordinator will determine if there is a campus safety issue and act accordingly, as well as determine next steps of action.

Reports are kept private as much as possible, while still responding appropriately to the complaint.  NUNM will consider the Complainant’s individual wishes regarding inquiries/investigations to the greatest extent possible.  Completely confidential reporting is only available with a trained Title IX Advocate, during client/therapist meetings at the Counseling Center, and during a patient visit at the NUNM Health Centers.

On-Campus Resources:

Reporting and Resources Outside NUNM

There is no requirement to make reports to the Portland Police.  However, reporting criminal behavior to the Portland Police is always an option.  The Portland Police Bureau’s non-emergency phone number is 503.823.0000.  Any person experiencing or observing an emergency should call 911.

Employees of NUNM are mandatory reporters of child abuse and abuse of elders or vulnerable adults.  There are no exceptions to this policy.  Mandatory reports should be directed to the Oregon Department of Human Services hotline at 1-855-503-SAFE (7233).  Any person experiencing or observing an emergency should call 911.

If an order of protection or a restraining order is filed with a local law office, NUNM encourages the person protected by the order to notify the Office of Safety and Security, Office of Student Life and/or Human Resources, regardless of whether the order is against an NUNM community member. This allows NUNM to assist in the enforcement of the order within NUNM property.

Off-Campus Resources:

• Portland Police Bureau: 911 or 503.823.3333

• Call to Safety (former 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 order to encourage proper and timely reporting of Sexual Harassment, NUNM will not adjudicate or sanction the victim of the alleged Sexual Harassment for the admitted use of alcohol or drugs in the course of events of the alleged interaction, which otherwise may have been found in violation of campus policies, if the person reports being a victim of Sexual Harassment as described in these policies.   

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 https://nunm.edu/about/title-ix/ 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 NUNM) to address the matter.

All Other Cases

If the matter alleged does not involve Title IX Sexual Harassment, then 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 https://studentservices.nunm.edu/files/Student-Handbook.pdf If the Respondent is an employee, the Title IX Coordinator will refer the matter to Human Resources for resolution through its grievance procedures https://intranet.nunm.edu/employee-faculty-handbooks/ 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 NUNM) to address the matter.

13.6 Title IX Sexual Harassment Procedures

This is a summary of NUNM’s Title IX Hearing Process that applies to student Respondents https://nunm.edu/about/title-ix/ For further detail, please consult the full process.

Supportive and Remedial Response

In some cases, a Complainant may prefer not to have a formal process, but to receive supportive measures from NUNM and remedies to assist them in continuing to access NUNM’s education programs and services.  NUNM will provide supportive measures and remedies when requested.  NUNM will honor a Complainant’s wishes concerning a formal investigation whenever possible, given the Title IX Coordinator’s assessment of the safety needs of the community.  In some cases, a Title IX Coordinator may need to file a complaint on behalf of the institution to ensure that the community’s needs are addressed.

Informal Resolution

If the Title IX Coordinator deems an informal resolution appropriate, they will offer the parties the opportunity to pursue such a resolution.  Informal resolution is always voluntary, and either party may elect to terminate it at any time and pursue a formal grievance process.

Formal Process — Complaint and Investigation

If the Complainant or the Title IX Coordinator proceed with a formal complaint, the Title IX Coordinator will begin with a formal investigation by selecting a trained Investigator.  The Title IX Coordinator will vet all Investigators to ensure that they are free of bias or conflict of interest.  At all times, NUNM proceeds with presumption that a Respondent is not responsible unless and until the formal Title IX process concludes with a determination of responsibility.

The assigned Investigator will promptly investigate the complaint in a fair and equitable manner.  Although complete confidentiality cannot be guaranteed, reports will be handled as discreetly as practicable.  NUNM takes into consideration the stressful nature of an investigation and attempts to conclude investigations within a 60-calendar-day period.  Delays may occur if good cause requires it; if a delay occurs the Investigator will let the Complainant and Respondent know about the delay and the reason for it.

The Investigator will provide the Respondent with a written notice describing the complaint with specificity, including relevant dates and times, how the accusations would violate NUNM’s policies if true, and describing the parties’ rights throughout the process.  The Complainant will receive a copy of that notice. NUNM will not restrict the Complainant or Respondent from discussing the complaint with others. 

The Complainant and Respondent may have an advisor of their choice during the interview process, who may or may not be an attorney. Advisors’ sole purpose during the investigation process is supportive in nature.  Advisors are not allowed to speak or otherwise participate in the investigation. 

NUNM may offer supportive measures to the Complainant and Respondent throughout the process to restore or preserve equal access to the NUNM’s education program or activity, to protect the safety of all parties or of NUNM’s educational environment, or to deter sexual harassment.  Supportive measures are non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, without fee or charge, and without unreasonably burdening the other party.   They may include counseling, extensions of deadlines or other course-related adjustments, modifications of class schedules, campus escort services, mutual restrictions on contact between the parties, leaves of absence, increased security and monitoring of certain areas of campus, and other similar measures.  In certain cases, NUNM may take emergency measures to protect the safety of Complainants, including interim suspension of Respondents.

The Investigator will meet with the involved parties (including any witnesses) to gather information and evidence, and they will assess the information and evidence gathered. At least 10 days before completing their report, the Investigator will make available all evidence directly related to the complaint available to the parties for inspection and will provide a copy of the draft report.  The Complainant and Respondent will have an opportunity for a written response.  The Investigator will consider the responses before completing the report.  The report will fairly summarize relevant evidence, but it will not form conclusions or determine sanctions.  At least 10 days before any hearing, the Investigator will provide a copy of the report to the parties.

Formal Process — Hearing

After investigation, Title IX Sexual Harassment cases will proceed to a hearing.  This section provides a summary of the hearing procedures.

Each party will receive a notice of hearing that outlines all relevant information, including hearing procedures.  The hearing may be in person or by remote technology, so long as all participants can see and hear each other in real time.  The hearing will be recorded, and each party will have access to the recording after the hearing.  No recording other than the official recording is allowed.

NUNM will appoint a hearing officer to administer the hearing and make decisions about what evidence is relevant and meets the standards for being included in the record.  A three-person Hearing Board, separate from the hearing officer, will decide the matter.  The Hearing Board may not include the Investigator.  The hearing participants will include the parties, their advisors, the hearing officer, the members of the Hearing Board, witnesses, and any NUNM officials that are relevant to the process.

Each party must be accompanied by an advisor.  The parties may choose an advisor, or NUNM will appoint a trained advisor for them. 

At the hearing, the Investigator will present the report.  Each party will then have an opportunity to present information and address the allegations, evidence and information in the report.  Each party will also have an opportunity to ask questions of witnesses.  Only advisors may ask questions of witnesses at the live hearing, but each party is otherwise expected to speak on their own behalf. 

During the hearing, all participants are expected to act with proper decorum and treat all other participants with respect.  The hearing officer may exclude any participant who fails to meet this standard and who does not correct their behavior after the hearing officer reminds them.    

After the live hearing, the Hearing Board will consider the matter and make a decision by the preponderance of the evidence, which means that the conclusion is more likely than not.  The Hearing Board will notify the parties simultaneously in writing regarding the final determination.  The notice will include the details of the complaint, the policies violated or not violated, the Hearing Board’s determination of the relevant facts, whether remedies will be provided to the Complainant, what sanctions (if any) will be imposed on the Respondent, and the procedures for appeal.  The Respondent may be subject to any sanctions described in the Student Code of Conduct.  The hearing officer may assist the Hearing Board in preparing and transmitting the final determination, but the hearing officer may not make any of the decisions.

The Complainant and Respondent have the right to appeal.  If either party appeals, NUNM will withhold imposition of any sanctions until the appeal is complete.

Formal Process — Appeal Procedure 

The parties may appeal to the Dean of Students within ten business days.  Any appeal must meet specific criteria for identifying procedural errors, conflicts of interest or bias, or identifying new previously unavailable evidence.  If the appeal specifies appropriate grounds, the Dean of Students will offer the opposing party and other affected hearing participants an opportunity to object in writing.  The parties and affected hearing participants will receive a simultaneous written notification of the decision.  The Dean of Students’ decisions are final and not subject to appeal.

13.7 Prevention Education

The Office of Student Life, the Counseling Center and the Office of Safety and Security conduct campus safety programming. This programming is designed to inform and educate the campus of various ways to avoid, interrupt and address safety issues on campus, including bystander intervention, reporting of violent crimes, and a description of personal safety measures. The campus safety programming addresses issues, prevention of, and training related to domestic violence, sexual assault dating violence and stalking, as required by Title IX laws and the Campus SaVE (Sexual Violence Elimination) Act. The educational outcome of the events is an understanding of how to prevent these issues from occurring, how to intervene if you witness an event occurring, and information as to how to reduce and recognize signs of violence. These presentations occur annually and are open to all community members.

13.8 Training of Title IX Personnel

NUNM trains its Title IX Coordinator and Deputy Coordinators, Investigators, decisionmakers (including Hearing Board members who make decisions on Title IX matters), and any person who facilitates an informal resolution process, receive training on the definition of Title IX Sexual Harassment, the scope of NUNM’s education program or activity, NUNM’s definition of consent, how to conduct an investigation and grievance process including hearings, appeals, and informal resolution processes, as applicable, and how to serve impartially, including by avoiding prejudgment of the facts at issue, conflicts of interest, and bias.