Sexual Misconduct/Title IX
Sexual Harassment is:
- Unwelcome, sexual or gender-based verbal, written or physical conduct that is,
- Sufficiently severe, persistent or pervasive that it,
- Has the effect of unreasonably interfering with, denying or limiting employment opportunities or the ability to participate in or benefit from the University’s educational, social and/or residential program, and is based on real or reasonably perceived power differentials (quid pro quo), the creation of a hostile environment, or retaliation.
Non-Consensual Sexual Intercourse is:
- Any sexual penetration or intercourse (anal, oral or vaginal),
- However slight,
- With any object,
- By a person upon another person,
- That is without consent and/or by force.
Note: “Sexual penetration” includes vaginal or anal penetration by a penis, tongue, finger or object, or oral copulation by mouth to genital contact or genital to mouth contact.
Non-Consensual Sexual Contact is:
- Any intentional sexual touching,
- However slight,
- With any object,
- By a person upon another person
- That is without consent and/or by force.
Note: “Sexual touching” includes any bodily contact with the breasts, groin, genitals, mouth or other bodily orifice of another individual, or any other bodily contact in a sexual manner.
Sexual Exploitation refers to a situation in which a person takes or attempts to take non-consensual or abusive sexual advantage of another and situations in which the conduct does not fall within the definitions of Sexual Harassment, Non-Consensual Sexual Intercourse, or Non-Consensual Sexual Contact. Examples of sexual exploitation include, but are not limited to:
- Sexual voyeurism (such as watching a person undressing, using the bathroom or engaged in sexual acts without the consent of the person observed).
- Taking pictures, video, or audio recording another in a sexual act or in any other private activity without the consent of all involved in the activity or exceeding the boundaries of consent (such as allowing another person to hide in a closet and observe sexual activity, or disseminating sexual pictures without the photographed person’s consent).
- Sexual Exploitation also includes engaging in sexual activity with another person while knowingly infected with human immunodeficiency virus (HIV) or other sexually transmitted disease (STD) and without informing the other person of the infection, and further includes administering alcohol or drugs (such as “date rape” drugs) to another person without his or her knowledge or consent.
Statement on Consent
Consent is knowing, voluntary and clear permission by word or action, to engage in mutually agreed upon sexual activity. Since individuals may experience the same interaction in different ways, it is the responsibility of each party to make certain that the other has consented before engaging in the activity. For consent to be valid, there must be a clear expression in words or actions that the other individual consented to that specific sexual conduct.
A person cannot consent if he or she is unable to understand what is happening or is disoriented, helpless, asleep, or unconscious for any reason, including due to alcohol or other drugs. An individual who engages in sexual activity when the individual knows, or should know, that the other person is physically or mentally incapacitated has violated this policy. It is not an excuse that the individual respondent of sexual misconduct was intoxicated and, therefore, did not realize the incapacity of the other.
Incapacitation is defined as a state where someone cannot make rational, reasonable decisions because they lack the capacity to give knowing consent (e.g., to understand the “who, what, when, where, why or how” of their sexual interaction). This policy also covers a person whose incapacity results from mental disability, involuntary physical restraint, and/or from the taking of incapacitating drugs.
Consent to some sexual contact (such as kissing or fondling) cannot be presumed to be consent for other sexual activity (such as intercourse). A current or previous dating relationship is not sufficient to constitute consent. The existence of consent is based on the totality of the circumstances, including the context in which the alleged incident occurred and any similar previous patterns that may be evidenced. Silence or the absence of resistance alone is not consent.
A person can withdraw consent at any time during sexual activity by expressing in words or actions that he or she no longer wants the act to continue and, if that happens, the other person must stop immediately.
A minor below the age of consent according to state law cannot consent to sexual activity. This means that sexual contact by an adult with a person below the age of consent is a crime as well as a violation of this policy, even if the minor appeared to have wanted to engage in the act.
Consensual sexual intimacy (genital) outside of marriage is prohibited. The Concordia community’s commitment to the authority of Scripture leads us to believe that a sexual relationship is to be understood and experienced within the context of that mutually acknowledged commitment to lifelong union known as marriage. This belief concerning our sexuality is based on our understanding of God’s perfect and good design for our sexual lives, on our own experience, and on our knowledge of human development and relational dynamics. It is our conviction that the sexual relationship is best understood as an expression of oneness in marriage and that to understand it or to express it otherwise would diminish the high regard that we have for this gift from God.
Title IX refers to the following federal regulation:
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.
As a matter of policy, Concordia University Irvine admits students of any age, race, color, gender, and national and ethnic origin. Admitted students enjoy the rights, privileges, programs and activities generally offered to all Concordia students. Further, Concordia University Irvine does not unlawfully discriminate according to age, race, color, gender, and national and ethnic origin or any other protected class in administering admissions and educational policies, scholarship and loan programs, and athletic and other school-administered programs.
Concordia University does not discriminate in the employment of individuals on the basis of race, color, national or ethnic origin, disability, sex, or age. However, Concordia University Irvine is a Christian educational institution operated by The Lutheran Church-Missouri Synod and, in compliance with the Title VII of the Civil Rights Act of 1964, reserves the right to give preference in employment based upon religion. It is our desire to build an employee community of individuals who are currently actively living out their Christian faith.
What Happens When I File a Complaint?
If you feel someone has sexually harassed you, or has discriminated against or harassed you because of your membership in a protected class (such as race, gender, sexual identity, military status, marital status, age, national origin or religion), call the Dean of Students Office at (949)214-3056. We will arrange for an investigator to interview you. Although we encourage you to make an appointment, complaint investigators are generally available for walk-in appointments as well.
Prior to the interview, you should complete our complaint form. While doing so is not required, it will greatly assist us in more efficiently handling your concerns. Either bring the completed form to your interview or one will be provided to you for completion when you arrive. Those with disabilities will be assisted by our staff in filling out the complaint form.
While some questions can be answered by telephone, your inquiry does not become an official complaint until our office has conducted this initial in-depth interview. After the interview, we will advise you whether or not our office will investigate your complaint. In some cases, your complaint may be referred to a more appropriate office for handling if it does not fall within the purview of the Office of the Dean of Students.
Title IX downloadable PDF.