Title IX is a law that protects against gender discrimination and provides for equal opportunity for students to pursue education and have equal and safe access to all of a school’s programs and facilities and protects these environments from becoming hostile environments. It is mandated through the Office of Civil Rights in the US Department of Education that institutions receiving federal funds or providing federal financial aid to students must adhere to Title IX’s rules and provisions.
DigiPen Institute of Technology officer(s) charged with investigating all complaints of violations of the Sexual Misconduct Policy, Anti-Harassment Policy, and the Anti-Discrimination Policy
DigiPen is committed to maintaining a positive emotional and physical environment in which all students have an equal opportunity to achieve success. DigiPen will not tolerate any acts of harassment or non-consensual sexual activity. Intimidation, harassment, and sexual misconduct violate the standards of acceptable behavior and academic freedom of all students on campus and in the DigiPen community.
DigiPen prohibits harassment of any kind between faculty/staff and students, between students and students, between faculty/staff/students and others, on the basis of race, sex, gender, gender identity, gender expression, color, national origin, ancestry, religion, physical or mental disability, veteran status, age or any other basis protected by federal, state, or local law. DigiPen policy prohibits inappropriate conduct and reserves the right to sanction students for behaviors that it deems inappropriate, even though the instance of harassment may not reach the legal standard for harassment.
DigiPen Institute of Technology is committed to maintaining a diverse community in an atmosphere of mutual respect for and appreciation of differences.
DigiPen Institute of Technology does not discriminate in its educational and employment policies on the basis of race, color, creed, religion, national/ethnic origin, sex, gender, gender identity, gender expression, sexual orientation, age, or with regard to the basis outlined in the Veterans’ Readjustment Act and the Americans with Disabilities Act.
These resources are available for students following an incident of harassment or discrimination:
Confidential resources are DigiPen employees with whom an individual can have a privileged communication. Privileged communications cannot legally be disclosed to another person without the consent of the individual who originally provided the information, except under very limited circumstances such as allegations involving the physical or sexual abuse of a child or vulnerable adult or an imminent threat to the life of any person. DigiPen’s confidential resources are listed as follows:
Responsible Employees (“Mandated Reporters”)
DigiPen’s responsible employees are required to report all details of an incident (including the identities of both the complainant and respondent) to DigiPen’s Title IX Coordinator. To file a report of an incident of sexual misconduct, please contact a responsible employee.
Most members of the DigiPen community are considered responsible employees and are therefore obligated to report to DigiPen any information they receive about sexual misconduct. Employees who are categorized as responsible employees include (but are not limited to):
Talking with any of these individuals constitutes a report to DigiPen. DigiPen commences the Title IX investigative procedures, described later in this chapter, in response to all reports of sexual misconduct.
DigiPen provides this directory as a resource for students in crisis. DigiPen is not officially partnered with any of the following off campus resources.
8701 160th Avenue NE
Redmond, WA 98052
Main Phone: 425-556-2500
8980 161st Avenue NE
Redmond, WA 98052
Main Phone: 425-899-2273
24 Hour Resource Line: 888-998-6423
To report an instance of sexual misconduct, students should contact any responsible employee of DigiPen.
DigiPen encourages the complainant of sexual misconduct to talk to a responsible employee so that the complainant can get the support they need and so DigiPen can begin the Title IX investigation procedures.
Individuals can also report an incident directly to the Title IX Coordinator by completing the online Incident Report.
The following employees (or categories of employees) are DigiPen’s responsible employees:
A responsible employee must report to a Title IX Coordinator all relevant details about the alleged sexual misconduct shared by the complainant. Responsible employees are required to report any potential violation of the sexual misconduct policy to a Title IX Coordinator. If the complainant wants to tell the responsible employee what happened but also maintain confidentiality, DigiPen will consider the request, but cannot guarantee that it will be honored. While reporting the details of the incident to a Title IX Coordinator, the responsible employee will also inform the Title IX Coordinator of the complainant’s request for confidentiality. To the extent possible, information reported to a responsible employee will be shared only with people responsible for handling DigiPen’s response to the report. A responsible employee should not share information with law enforcement without the complainant’s consent or unless the complainant has also reported the incident to law enforcement. When a complainant tells a responsible employee about an incident of sexual misconduct, the complainant has the right to expect DigiPen to take immediate and appropriate steps to investigate what happened and to resolve the matter promptly and equitably.
The responsible employee takes the report of sexual misconduct, fills out an Incident Report, and then submits that Incident Report to the Title IX Coordinator.
Different employees on campus have different abilities to maintain a complainant’s confidentiality.
Consent is a voluntary agreement to engage in sexual activity; someone who is incapacitated cannot consent; past consent does not imply future consent; silence or an absence of resistance does not imply consent; consent to engage in sexual activity with one person does not imply consent to engage in sexual activity with another.
Confidential resources are DigiPen employees who are required to maintain near-complete confidentiality. Speaking with these employees is referred to as a privileged communication. Privileged communications cannot legally be disclosed to another person without the consent of the individual who originally provided the information, except under very limited circumstances such as allegations involving the physical or sexual abuse of a child or vulnerable adult or an imminent threat to the life of any person.
Incapacitation exists (but is not limited to) when a person is unaware, blacked out, unconscious, unable to make rational/reasonable decisions, and/or otherwise physically or mentally helpless to give effective consent.
Incapacitation does not excuse the accused party.
A responsible employee is a DigiPen employee who has the authority to address sexual misconduct, who has the duty to report incidents of sexual misconduct or other student misconduct, or who a student could reasonably believe has this authority or duty.
Sexual exploitation occurs when a student takes non-consensual, unjust, and/ or abusive sexual advantage of another individual for advantage or benefit of anyone other than the individual being exploited. The behavior may also constitute as rape, sexual assault, and/or sexual harassment. Examples include, but are not limited to:
Sexual harassment includes, but is not limited to, non-consensual touching, bribery, demands for sexual favors, threats of physical and/or emotional harm, exposing one’s self, undue attention, unwanted embraces or bodily contact, sexual gestures, and verbal abuse. Sexual advances, requests for sexual favors, and other conduct of a sexual nature constitute sexual harassment when:
A hostile environment includes any situation in which there is harassing conduct that is sufficiently severe, pervasive, and objectively offensive that it has the effect of unreasonably interfering with, denying, or limiting someone’s ability to participate in or benefit from DigiPen’s educational programs or activities.
Non-consensual sexual intercourse consists of any sexual intercourse (including, but not limited to anal, oral, urethral, or vaginal), however slight, with any body part or any object, by a person upon another person, without consent. Non-consensual sexual activity occurs if a person is forced to have sexual intercourse, or if sexual intercourse occurs under circumstances in which a person is unable to consent to such activities.
Sexual intercourse may include but is not limited to vaginal, oral, urethral, or anal penetration by any body part or any object. The perpetrator may be known or unknown to the victim. The force necessary can be any amount (or threat) of force which places the victim in fear of injury or in fear of their life. The perpetrator need not use a weapon nor must they physically abuse the victim to make the victim fearful of injury or in fear of their life. The terms "acquaintance rape" and "date rape" refer to the above-described behavior perpetrated by someone known to the complainant. Non-consensual sexual intercourse also includes knowingly transmitting a Sexually Transmitted Infection to another person.
Retaliatory harassment is intentional action taken by an accused individual or allied third party that harms an individual as reprisal for reporting sexual misconduct or for participating in an investigation of sexual misconduct.
DigiPen prohibits retaliation against those who le a complaint or third-party report, or otherwise participate in the investigative and/or disciplinary process (e.g., as a witness). Retaliation will not be tolerated by DigiPen.
The Title IX officers (Title IX Coordinator, Title IX investigators) are charged by Title IX with investigating all complaints of violations of the Sexual Misconduct Policy.
1. Complainant contacts a responsible employee of the DigiPen community to report the incident.
2. The Responsible Employee reports the incident to the Title IX Coordinator (or designee).
3. The Title IX Coordinator determines whether the conduct in question is a violation of the Institute’s Sexual Misconduct Policy or regulations under Title IX.
4. If the conduct is found to be a violation of the Sexual Misconduct Policy, the Title IX Coordinator (or designee) initiates a prompt, thorough, and impartial investigation by trained Title IX Investigators. The Title IX investigation occurs independently of any criminal investigation initiated by the complainant.
5. Investigation can last 30-60 days of receiving the complaint. This timeframe may be extended depending on the complexity of circumstances of each case.
6. Title IX Investigators report the investigation findings to the Title IX Coordinator (or designee) and Chief Operating Officer—International (or designee).
7. An Adjudication Hearing is held with the Title IX Coordinator and Chief Operating Officer—International (or designee). The Title IX Coordinator and the Chief Operating Officer – International (or designee) determine the sanctions.
8. Chief Operating Officer—International (or designee) decides on appropriate measures to resolve allegations.
Potential Outcomes Include (but are not limited to):
9. Complainant and respondent are notified of the decision via a simultaneous written notice.
Individuals whose complaints of sexual misconduct are being investigated by DigiPen can anticipate that:
Students responding to complaints of sexual misconduct can anticipate that:
DigiPen’s process will proceed as stated in the Title IX Investigation Process section of this Sexual Misconduct Policy independently of the complainant filing a police report. Responsibility lies with the individual student, not DigiPen, to take such action with external authorities. DigiPen may consult with and review information provided by municipal authorities, but DigiPen makes its independent determination about whether or not the Code of Student Conduct has been violated. DigiPen’s investigation and ultimate decision regarding the complaint proceed independently of decisions made or not made by law enforcement authorities and/or by a court of law.