Ä¢¹½ÊÓƵÍø

Title IX provides 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.”  

Possible violations of Title IX include relationship violence, stalking, harassment, retaliation, and sexual misconduct. Specific definitions of these behaviors may be viewed in the sections below.

Title IX violations are not gender specific. All members of the community are responsible for participating in and creating a campus environment free from prohibited sex and gender-based discrimination, harassment, and violence.

For additional information on Title IX, visit the .

actual knowledge: notice of sexual harassment or allegations of sexual harassment to the Title IX Coordinator or any official who has authority to institute corrective measures on behalf of CWI 

• Imputation of knowledge based solely on vicarious liability or constructive notice is insufficient to constitute actual knowledge.
• The mere ability or obligation to report sexual harassment or to inform a student about how to report sexual harassment, or having been trained to do so, does not qualify an individual as one who has authority to institute corrective measures on behalf of the recipient.
• 'Notice', as used in this definition, includes, but is not limited to, a report of sexual harassment to the Title IX Coordinator.   

complainant: an individual who is alleged to be the victim of conduct that could constitute sexual harassment

consent: â¶Ä¯an informed, freely given, and mutual affirmation, understanding, or agreement

• If coercion, intimidation, threats, or physical force are used, there is no consent.
• If a person is mentally or physically incapacitated or impaired so that such person cannot understand the fact, nature, or extent of the sexual situation, there is no consent. This includes impairment or incapacitation due to alcohol or drug consumption or being asleep or unconscious.
• There is no consent when there is force, express or implied, or use of duress or deception upon the victim.
• Silence does not necessarily constitute consent.
• Past consent to sexual activities does not imply ongoing future consent.
• Whether an individual has taken advantage of a position of influence over an alleged victim may be a factor in determining consent.  

»å²¹³Ù¾±²Ô²µâ€¯v¾±´Ç±ô±ð²Ô³¦±ð: â¶Ä¯violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim; and where the existence of such a relationship shall be determined based on a consideration of the following factors:  

• length of the relationship
• type of relationship
• frequency of interaction between the persons involved in the relationship

domestic violence:  includes felony or misdemeanor crimes or allegations of crimes of violence committed by a current or former spouse or intimate partner of the victim, a person with whom the victim shares a child in common,  a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, a person similarly situated to a spouse of the victim under the domestic or family violence laws of Idaho, 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

education program or activity:  includes locations, events, or circumstances over which CWI exercises substantial control over both the respondent and the context in which the sexual harassment occurs as well as any building owned or controlled by a student organization that is officially recognized by CWI

• In determining whether CWI exercises substantial control, factors such as whether CWI funded, promoted, or sponsored the event or circumstance where the alleged harassment occurred may be considered, but no single factor is determinative.   

formal complaint: â¶Ä¯a document filed by a complainant or signed by the Title IX Coordinator alleging sexual harassment against a respondent and requesting that CWI investigate the allegations of sexual harassment

official with authority: â¶Ä¯the Title IX Coordinator or a CWI official who has authority to institute corrective measures on behalf of CWI, as set forth in the Reporting section of these procedures

notice: knowledge or information concerning sexual harassment allegations that result whenever the Title IX Coordinator or any official with authority:   

• witnesses sexual harassment
• hears about sexual harassment or sexual harassment allegations from a complainant or a third party (e.g., the complainant’s parent, friend, or peer) 
• receives a written or verbal complaint about sexual harassment or sexual harassment allegations, including a formal complaint
• receives notification by any other means that sexual harassment may have occurred

°ù±ð²õ±è´Ç²Ô»å±ð²Ô³Ù:  an individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment

sexual assault: any nonconsensual sexual act classified as a forcible or nonforcible offense under the uniform crime reporting system of the Federal Bureau of Investigation, including when the victim lacks capacity to consent   

stalking: â¶Ä¯engaging in a course of conduct (repeated acts of nonconsensual contact involving the victim or a family or household member of the victim) directed to a specific person that would cause a reasonable person to: â¶Ä¯ 

• fear for his or her safety or the safety of others
• suffer substantial emotional distress

supportive measures:  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

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 locations 
• leaves of absence
• increased security and monitoring of certain areas of the campus
• and other similar measures. 

Consistent with the amended Title IX regulations, CWI affords complainants autonomy in the circumstances following sexual harassment while also ensuring that complainants have clear information about how to access the College's supportive measures and how to file a formal complaint if a complainant chooses to do so.

In order to support complainant autonomy and clear access, CWI has developed the following categories of CWI employees available to respond to sexual harassment allegations:   

Title IX Coordinator: the CWI employee designated by CWI to coordinate efforts to comply with Title IX responsibilities

As used in these procedures, the Title IX Coordinator includes the Title IX Coordinator and the Deputy Title IX Coordinator. Any person may report sexual harassment to the Title IX Coordinator at any time, including during non-business hours, by using the following contact information or other stated means:    

• Chad Trisler
  Title IX Coordinator
  Dean of Students 

officials with authority: CWI officials with authority to institute corrective action on behalf of CWI include the following: 

• President 
• Provost
• Assistant Vice President – Enrollment & Student Services 
• Chief Human Resources Officer
• Deans 
• Director – Human Resources 
• Security Staff 
• Title IX Deputy Coordinators, Investigators, and Hearing Officers 

Any official with authority who receives notice of sexual harassment allegations is required to report such allegations to the Title IX Coordinator.   

• A CWI counselor acting in an official licensed capacity for the College who receives a report of sexual harassment may communicate the report to the Title IX Coordinator only upon receiving consent from the complainant. Such consent may be provided verbally. CWI recognizes that student complainants may develop relationships of trust with counselors and that it is beneficial to provide staff in whom students may confide without concern that a report may be filed without their consent. 

• CWI employees who are not officials with authority or counselors are encouraged, but not required, to report allegations of sexual harassment to the Title IX Coordinator.

The reporting party and respondent will each be given the opportunity during an investigation to:

• respond to information related to the alleged violation
• provide the names of witnesses relevant to the alleged violation
• have an advisor present during the process
• appeal the final outcome of the investigation
• and be simultaneously informed of the outcome of the investigation.

CWI attempts to balance the needs of the parties for privacy with the responsibility of ensuring a safe educational environment and workplace. As privacy is an aspiration, it is not always possible or appropriate. An individual's requests regarding the confidentiality of reports of discrimination or sexual misconduct will be considered in determining an appropriate response; however, such requests will be considered in the dual contexts of CWI’s legal obligation to ensure a working and learning environment that is free from discrimination or sexual misconduct and the due process rights of the accused to be informed of the allegations and their source. Some level of disclosure may be necessary to ensure a complete and fair investigation. Confidential resources are available on campus and through community partners as outlined below. All Title IX violations must be reported statistically in the Annual Security Report; however, no personally identifiable information will be provided in this report. 

ON-CAMPUS RESOURCES

Students

• Counseling & Wellness Services
  208.562.2200
  counselor@cwi.edu

Employees

• 
  877.427.2327

CWI ETHICS HOTLINE

CWI is committed to conducting its affairs ethically and in compliance with applicable laws and regulations, as well as institutional policies. Every member of the CWI community has an obligation to uphold that standard. CWI’s Policy Manual contains guidelines for conducting the affairs of the College with the highest standard of ethics and integrity, through the Codes of Conduct and Ethics policies.

CWI has contracted with NAVEX's EthicsPoint reporting service, a third-party provider, to provide an additional option for reporting concerns of suspected fraud or ethics violations or other violations of college policies and procedures. 

LOCAL COMMUNITY RESOURCES 

• – assistance for those who have experienced interpersonal violence
•  – safety, healing, and freedom from domestic abuse and sexual assault 
•  – services for victims of domestic abuse, domestic violence, sexual assault, child abuse, and elder abuse
• Idaho Domestic Violence Hotline – 1.800.669.3176 

NATIONAL RESOURCES

•  – the nation’s largest anti-sexual violence organization
•  – 24/7 information, support and advocacy to young people, ages 13 to 26 who have questions or concerns about romantic relationships
• National Domestic Violence Hotline – 1.800.799.SAFE or text LOVEIS to 22522
• U.S. Department of Education – 

Training materials utilized by CWI to train the Title IX Coordinators, investigators, decision makers, and those who facilitate an information resolution process are listed below. 

• Title IX Coordinator Training through the National Association of Student Personnel Administrators (NASPA)
• Title IX Deputy Coordinator & Hearing Officer Training through NASPA
• Title IX Appeal Officer Training through Thompson Coburn LLP
• Title IX Coordinator, Deputy, and Decision Maker received 12 hours of additional in-person training on both the 2020 & 2024 regulations hosted by Boise State University and The University of Idaho.