Title IX
Sexual Misconduct and Discrimination (Title IX)
Sexual Misconduct is a violation of Title IX, and Simpson University takes its responsibilities under Title IX (Searched also by: “Title 9” / “Title Nine” / “Sexual Misconduct” / “Sexual Assault” / “Sexual Harassment” / “Sexual Exploitation” / “Sexually Inappropriate Behavior” / “Sexual Consent” / “Coercion” / “Retaliation” / “Gender Discrimination” “Discrimination” / “Incapacitated Sex”) seriously. Therefore, those who have questions about Title IX, or wish to file a complaint under Title IX may contact one of our Title IX deputies.
SU is committed to an educational and work environment free from any form of sexual harassment and sexual violence. The SU Sexual Harassment and Sexual Violence Policy provides definitions, reporting, and complaint resolution procedures.
Title IX Coordinator
The university’s Title IX Coordinator is Sarah Jobson, Interim Dean of Students. The coordinator’s responsibilities include overseeing the university’s process related to all complaints of sexual misconduct and identifying and addressing any patterns or systemic problems that arise during the process of investigation. Sarah Jobson can be reached at sjobson@simpsonu.edu.
Title IX Deputies
- Title IX Deputy for Employees: Wally Quirk, rquirk@simpsonu.edu, (530) 226-4503
About Title IX
FEDERAL EDUCATIONAL TITLE IX EXEMPTION
Title IX: Simpson University, an educational institution of the Christian and Missionary Alliance denomination, takes seriously anti-discrimination provisions under federal and state law, and is committed to providing a living and learning environment that promotes student safety, transparency, personal integrity, civility and mutual respect. Simpson University has received a regulatory exemption under Title IX, 34 C.F.R. section 106 from the U.S. Department of Education and the Office for Civil Rights. As an educational institution that is controlled by a religious organization, Simpson University is entitled to the statutory exemption to the extent that the application of Title IX is not consistent with the Christian and Missionary Alliance denomination’s religious tenets.
Simpson University is granted the following allowable activities under the exemption: The University is exempt from provisions 34 C.F.R. 106.31 (b)(4) governing different rules of behavior or sanctions, 106.32 governing housing, 106.33 governing comparable facilities such as restrooms and locker rooms, and 106.41 governing athletics to the extent that they require a recipient to treat students consistent with their gender identity, but doing so would conflict with the Christian and Missionary Alliance denomination’s religious tenets.
WHAT IS TITLE IX?
The federal law prohibiting sex discrimination in educational institutions is Title IX of the Educational Amendments Act of 1972 (amending the Higher Education Act of 1965). This act is codified as Title 20, United States Code, Chapter 38, Sections 1681-1686. The act was also amended by the Civil Rights Restoration Act of 1987 (“Title IX”).
The law 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.” The amendment in 1987 expanded the definition of program or activity to include all the operations of an educational institution, governmental entity or private employer that receives federal funds.
Title IX forbids sex discrimination in all university student services and academic programs including, but not limited to, admissions, financial aid, academic advising, housing, athletics, recreational services, college residential life programs, health services, counseling and psychological services, Registrar’s office, classroom assignments, grading and discipline. Title IX also forbids discrimination because of sex in employment and recruitment consideration or selection, whether full time or part time, under any education program or activity operated by an institution receiving or benefiting from federal financial assistance (“recipient”).
Following the passage of Title IX, the U.S. Department of Education (the “Department”) issued its regulations for compliance with Title IX. The Office for Civil Rights (“OCR”) in the Department is responsible for enforcing Title IX. OCR’s responsibility to ensure that institutions that receive federal funds comply with Title IX is carried out through compliance enforcement. The principle enforcement activity is the investigation and resolution of complaints filed by those alleging sex discrimination. In addition, through a compliance review program of selected recipients, OCR is able to identify and remedy sex discrimination which may not be addressed through complaint investigation. OCR has discretion to select an institution for review in order to assess its compliance with Title IX even absent the filing of a complaint. If the investigation indicates there has been a violation of Title IX, OCR will attempt to obtain voluntary compliance and negotiate appropriate remedies. Title IX also protects people from discrimination on the basis of sex in employment and employment practices in educational programs or activities receiving federal financial assistance. The prohibition encompasses, but is not limited to, recruitment, advertising, hiring, upgrading, tenure, firing, rates of pay, fringe benefits, leave for pregnancy and childbirth, and participation in employer sponsored activities. Because employment discrimination is not a part of the Title IX Coordinator’s (Title IX officer) duties, we will focus here on its application to the SU student population.
OCR requires each recipient to issue notices of nondiscrimination. It recommends using one statement to comply with the requirements of Title VI, Title IX and Section 504 regulations. This combined notice must contain two elements: a statement of nondiscrimination on the basis of which OCR enforces civil rights statutes; and the identity by name or title, address and telephone number of the employee(s) responsible for coordinating the agency’s compliance efforts.
Following its passage, Title IX has been interpreted by the federal government to cover all activities and programs of educational institutions receiving federal funds and all education programs of institutions whose primary mission is not education. In 1984 however, the U.S. Supreme Court, in Grove City College v. Bell ruled that Title IX was restricted to only those specific programs or activities funded with federal money. As a result, discrimination in many programs or activities was no longer prohibited. On March 22, 1988, Congress enacted the Civil Rights Restoration Act of 1987 over President Reagan’s veto. This act overturned the Supreme Court’s earlier decision and restored Title IX coverage so that once again it applies to the entire institution regardless of where federal funds are utilized.
Although some schools are exempt from coverage with regard to admissions, all schools must treat their students without discrimination on the basis of sex. Courts have interpreted Title IX to prohibit institutions from, on the basis of sex: (1) denying any person aid, benefits or services in all areas, including course offerings, extracurricular activities such as student organizations and competitive athletics, financial aid, facilities and housing; (2) providing different aid, benefits, or services or provide them in a different manner; (3) subjecting any person to separate or different rules of behavior, sanctions, or treatment, including rules pertaining to appearance; (4) providing significant assistance such as facilities or act as a sponsor to any organization or person which discriminates on the basis of sex in providing any aid or benefits to students or employees; and (5) limiting any person in the enjoyment of any right, privilege, advantage or opportunity. In sum, schools cannot use sex as a category to classify students.
Early Case History:
Case law relevant to an institutions treatment of students is limited and theories explaining this are endless. There is much more case law dealing with an educational institution’s discrimination in employment on the basis of sex. Some of the more famous cases are Melani v. Bd. of Education of the City of New York (1983); Zuboric v. Cornell University (1984); Sweeney v. Board of Trustees of Keene State College (1979); and Jew v. University of Idaho (1990).
Following are some precedent setting cases and their holdings regarding student rights under Title IX.
Mississippi University of Women v. Hogan, 102 Supreme Court 3331, (1982). Private single-sex undergraduate institutions can be exempt from the admissions requirements of Title IX but they must comply with constitutional equal protection requirements in admissions;
Canon v. University of Chicago, 710 F. 2d 351. In 1977 the U.S. Seventh Circuit Court of Appeals gave an individual student the right to bring suit against an educational institution for discrimination;
Cockburn v. Santa Monica Community College District. A faculty member was dismissed for embracing and kissing his student laboratory assistant once and attempting to do so at other times. The Court held that the behavior created a hostile environment for the student.
Two cases addressed the “welcomeness” of sexual advances:
Naragon v. Wharton. The Court addressed the issue of consent in a lesbian relationship between a student and a teaching assistant. The university was found to be within its rights when it changed the duties of the assistant.
Korf v. Ball State. Testimony suggested that “submission” rather than consent or welcomeness characterized the relationship between a professor and a student. The Court of Appeals found the University had acted properly in dismissing the professor.
Alexander v. Yale University, 631 F. 2d 178, 2nd Circuit (1980). This case presents an example of quid pro quo sexual harassment in academia involving a student’s allegation that she received a poor grade after rejecting her professor’s offer of an “A” for compliance with his sexual demands. The Court recognized that Title IX affords relief for sexual harassment that deprives an individual of educational benefits but held that students must prove a distinct and palpable injury, thus rejecting the hostile environment theory.
Moire v. Temple University School of Medicine, 3rd Circuit (1986). The District Court allowed a claim for sexual harassment based solely on environmental harm (opposite of Alexander). The Court’s explicit recognition that the Equal Employment Opportunity Commission’s (“EEOC”) guidelines are equally applicable to Title IX suggests that the courts will continue to decide claims of sexual harassment brought by students under Title IX using reasoning similar to that established under Title VII cases.
NOTICE OF NON-DISCRIMINATION AND EQUAL OPPORTUNITY
Under Title IX regulation, an institution that is controlled by a religious organization is exempt from those sections of the regulation that are inconsistent with the religious tenets of the organization. Thus, Simpson University, an affiliated enterprise of the Christian and Missionary Alliance, does not discriminate on the basis of race, color, national origin, sex, disability, age, or veteran status. Simpson University does not discriminate on those bases in its educational programs or activities, including, but not limited to: admissions, recruitment, housing, athletic and extracurricular activities, discipline, financial assistance, hiring practices, employment, promotions and other institutional policies.
POLICIES AND PROCEDURES
Statement of Philosophy
Simpson University is a residential college committed to providing a safe and healthy environment that supports student development. To this end, Simpson University will not tolerate sexual assault, sexual misconduct, sexual harassment or sexually inappropriate conduct in any form, as it interferes with and disrupts the educational environment of the campus and interferes with the rights of other students.
Title IX Information
Sexual Misconduct is a violation of Title IX, and Simpson University takes its responsibilities under Title IX seriously. Therefore, those who have questions about Title IX or wish to file a complaint under Title IX may contact one of our Title IX Officers.
The Title IX Coordinator will respond to issues arising from this policy when students are involved. The college has designated Mark Endraske, Dean of Students, as the Title IX Coordinator who will handle student complaints. He is located in the Owen Center in suite 206 and can be reached at 530-226-4108. In addition to Mr. Endraske, other Title IX Deputies have been appointed who can also be reached to discuss Title IX alleged violations. They are: Wally Quirk, Chief Operating officer, (530) 226-4503, Owen Center 308; Derrick Pringle, Assistant Athletic Director, (530) 226-4731, Athletic Offices in the Grant Student Life Center; and Sarah Jobson, Director of Student Engagement, (530) 226-4107, Owen Center 206.
Policy Definitions
Simpson University prohibits all sexual misconduct, sexual harassment and sexually inappropriate behavior. This includes, but is not limited to: sexual misconduct, including sexual assault; incapacitated sex and/or sexual contact; sexual harassment; sexual exploitation; coercion for sex and/or sexual contact and retaliation. Each of these prohibited behaviors is defined below. Incidents which a student considers to be a violation of this policy should be reported as outlined in this policy. The University will investigate and adjudicate as outlined in this policy.
- Sexual Misconduct: Any sexual behavior that rises to the level of a policy violation and under this policy includes sexual assault, sexual harassment, sexual exploitation and sexually inappropriate conduct.
- Sexual Assault: As defined by the Clery Act, deliberate physical contact of a sexual nature of another person without that person’s consent.
- Non-consensual sexual contact: Non-consensual sexual contact is any sexual touching, with any object, by a man or a woman upon another person without consent or making any person touch you or them in a sexual manner.
- Non-consensual intercourse: Non-consensual intercourse is any sexual intercourse (anal, oral or vaginal), with any object, by a man or woman upon another person without consent.
- Sexual Exploitation: Sexual exploitation occurs when a student takes non-consensual, unjust or abusive sexual advantage of another for his/her own advantage or to benefit others. Examples include, but are not limited to, non-consensual audio or video recording of sexual activity, streaming, voyeurism, and prostitution of self or others.
- Sexual Harassment: Unwelcome sexual advances or threats, deliberate or careless use of offensive or demeaning terms that have sexual connotations or are gender-based, repeated, severe and persistent unwelcome requests for sexual favors or a romantic relationship, repeated and unwelcome letters, phone calls, or e-mails of a sexual or romantic nature, sexually motivated physical contact, or other verbal, electronic, or physical conduct or communication of a sexual nature. However, under the new Title IX Rules, effective August 14, 2020, the Department amends its definition of sexual harassment that is actionable under Title IX. This new definition has three prongs, one prong of which adopts the Davis standard of requiring “severe, persistent, and objectively offensive” behavior. Under the final rule, sexual harassment covered by Title IX includes: “conduct on the basis of sex that satisfies one or more of the following:
- An employee conditioning educational benefits on participation in unwelcome sexual conduct (i.e., quid pro quo);
- Unwelcome conduct that a reasonable person would determine is so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the educational institution’s education program or activity; or
- Sexual assault [as defined in the Clery Act], or dating violence, domestic violence, or stalking [as defined in the Violence Against Women Act (VAWA)].”
- Sexually inappropriate behavior: Includes behaviors which may not rise to the level of sexual harassment but is still sexual in nature. For example conduct that may be an isolated occurrence or rude, obscene or sexually suggestive gestures or communication. Disrobing or exposure of one’s self to another person without that person’s consent is another example.
- Consent: All sexual interaction between two people must be consensual. Effective consent is informed, freely and actively given, using mutually understandable words or actions which indicate a willingness to participate in mutually agreed upon sexual activity. Consent is not effective if it results from the use of physical or perceived physical force, if there is intimidation or coercion, or if the recipient party is incapacitated. Silence or non-communication should never be interpreted as effective consent. The initiator of the sexual activity will be found in violation of the policy if he or she did not receive effective consent.
- Initiator of Sexual Contact: The initiator of sexual contact will be found in violation of this policy if it is determined that he or she knew or should have known that the other person could not give effective consent as defined by the policy. If someone is unable to give verbal consent because he or she is sleeping or unconscious at the time of the sexual activity, the initiator of the sexual contact with that person will be found in violation.
- Incapacitated Sex: Incapacitated means the physical and/or mental inability to make informed, rational judgments. States of incapacitation include, without limitation, sleep, blackouts, and flashbacks. Where alcohol [or other drug] is involved, one does not have to be intoxicated or drunk to be considered incapacitated. Rather, incapacitation is determined by how the alcohol consumed affects a person’s decision-making capacity, awareness of consequences, and ability to make informed judgments. The question is whether the accused student knew, or a sober, reasonable person in the position of the accused student should have known, that the complainant was incapacitated. Because incapacitation may be difficult to discern, students are strongly encouraged to err on the side of caution; i.e., when in doubt, assume that another person is incapacitated and, therefore, unable to give effective consent. Being intoxicated or drunk is not a defense to a complaint of Sexual Misconduct under this policy.
- Stalking: Engaging in a course of conduct directed at a specific person that would cause a reasonable person to: (a) fear for his / her safety or the safety of others, or (b) suffer substantial emotional distress.
- Coercion: Coercion exists when a sexual initiator engages in sexually pressuring and/or oppressive behavior that violates the norms of the community, such that the application of pressure or oppression causes the recipient of the behavior to engage in unwanted sexual behavior. Coercion may be differentiated from seduction by the repetition of the coercive activity beyond what is reasonable, the degree of pressure applied, environmental factors such as isolation and the initiator’s knowledge that the pressure is unwanted.
- Retaliation: Retaliation or intimidation against anyone involved in the Complaint process or anyone who pursues legal action, including the Complainant, Respondent, or anyone participating in the investigation. Such behavior may also violate the College’s Harassment Policy and will be adjudicated.
- Complainant: Any person filing a complaint with the University Title IX Coordinator regarding an incident of an alleged violation of the Policy on Sexual Misconduct, Sexual Harassment and Sexually Inappropriate Behaviors.
- Respondent: Any person who allegedly violated the University’s Policy on Sexual Misconduct, Sexual Harassment and Sexually Inappropriate Behaviors and is responding to a complaint.
- Investigator / Title IX Coordinator: The Title IX administrative official called an “investigator” will be responsible for coordinating any investigations of an alleged violation pertaining to the policy on Sexual misconduct, Sexual Harassment or Sexual Inappropriate Behaviors. The Investigator will then prepare a report for the purpose of adjudicating a complaint. The university administrative official, the Title IX Coordinator, who will be responsible for oversight of the investigation, disposition and resolution of a Policy on Sexual Misconduct, Sexual Harassment and Sexually Inappropriate Behaviors complaint.
- Decision Maker: A university administrative official who will be responsible for evaluating evidence, making and writing a decision, as well as ruling on the relevancy during cross-examination.
Process
For violations of the Policy on Sexual Misconduct, Sexual Harassment and Sexually Inappropriate Behaviors; students who would like to report an incident should carefully review the following information on where to report an incident, the investigatory process, the complaint resolution process and the appeals process.
The university will take prompt action to investigate and adjudicate the complaint. Our goal is to complete the investigation and adjudication within 60 calendar work days. In most instances, the process will be resolved sooner. However, there may be times where the process may take longer (i.e. when requested by law enforcement authorities to wait until they complete their investigation), if that occurs, the university will communicate on an on-going basis with the complainant and respondent parties in a realistic timeline, and the circumstances regarding the same.
- Students should report incidents that they consider violations of this policy to the Title IX Coordinator, Title IX Investigator, or any of the Title IX Deputies on campus. All faculty, staff and university administrators are identified by the university as reporting authorities, or official on-campus resources, and shall report any incidents or allegations to the Title IX Coordinator who will determine if a preliminary investigation into the incident is necessary. If a determination is made that an investigation is warranted, the Title IX Coordinator will initiate, and so instruct the investigator to proceed with an investigation. This may include notification of the Redding Police Department, and/or the Shasta County Sheriff’s Department.
- Members of the universities Health and Counseling Center and their staff are confidential resources and do not investigate incidents, nor do they make identifiable reports of incidents to Official On-Campus Resources unless the student requests them to do so. All faculty, staff and administrators outside of these two areas are not deemed confidential resources and must report all allegations.
- Investigations will be conducted under the authority of the Title IX Coordinator, and performed by a Title IX Investigator designated by the Title IX Coordinator. Investigation by the university will begin promptly and may be concurrent with any investigation by Simpson University, the Redding Police, or Shasta County Sheriff’s Departments. As otherwise stated, all reasonable efforts will be made to keep all information private during the universities investigation and adjudication of said complaint.
- Students charged with violating this policy may be subject to an interim suspension or other temporary adjustments to living arrangements, class schedule, etc. until the complaint is fully resolved. These actions are not however, meant to be a presumption of responsibility for said violation(s) of the Policy on Sexual Misconduct, Sexual Harassment and Sexually Inappropriate Behaviors. Please see the interim suspension policy in the student handbook for more information.
- The investigation will commonly include an interview with the complainant, respondent, and any witnesses reported by either the complainant or respondent, and anyone else deemed by the Title IX Investigator as having important information the related to the incident. The complainant and respondent are permitted to have an advisor present during this interview(s) as well as during any meetings with the Title IX Coordinator during the adjudication of stated charges. The role of an Advisor is to support the complainant, respondent, but the Advisor may not represent the respondent or complainant in any way. The student and Advisor may speak quietly to one another during the interview(s), or request a short break in order to speak to one another.
- Oversight of the adjudication of Policy on Sexual Misconduct, Sexual Harassment and Sexually Inappropriate Behavior complaints will be conducted by the Title IX Coordinator or her/his designee. The Title IX Investigator will prepare a written report of the investigation including recommendations and any possible sanctions to the Title IX Decision Maker at the conclusion of the hearing.
- Upon the rendering of his/her report to the Title IX Coordinator, the Title IX Investigator will produce written charges to be delivered to the respondent. The charge letter should indicate the potential elements of this policy that may have been violated. In addition to the formal charge letter, the respondent will receive copies of written statements provided by witnesses during the inquiry process. The respondent will have five (5) calendar days from receipt of the charge letter and statements to submit a response to the Title IX Coordinator.
- The Title IX Decision Maker will determine if a violation of the Policy on Sexual Misconduct, Sexual Harassment and Sexually Inappropriate Behaviors occurred and, if so, will further determine any necessary sanctions. The Title IX Decision Maker will base her/his decision on the information available in the written report, interviews with the complainant, respondent, and all witnesses interviewed, and any other information that is deemed relevant and pertinent to the case. Additional investigations may be conducted at the discretion of the Title IX Coordinator.
- The Title IX Decision Maker will resolve a complaint of a violation of this policy by:
- Determining that the Policy on Sexual Misconduct, Sexual Harassment and Sexually Inappropriate Behaviors has been violated and assigning appropriate sanctions.
- Determining that there was not a violation of the Policy on Sexual Misconduct, Sexual Harassment and/or Sexually Inappropriate Behaviors, and therefore dismissing the complaint.
- Determining that there is insufficient information to find the respondent responsible for violation of the policy. Depending upon the circumstances of the case, students who are found not responsible due to insufficient information may still be required to relocate and/or have no contact with the complainant. Other educational sanctions may also be required.
- The respondent(s) and complainant(s) will be notified in writing of the decision made by the Title IX Decision Maker.
- A student found responsible for violating this policy may be assigned sanctions that include, but are not limited to, expulsion, suspension, probation, residence reassignment, or no-contact.
Appeal Process:
For the Policy on Sexual Misconduct, Sexual Harassment and Sexually Inappropriate Behaviors:
- Reasons for Appeal: The respondent or complainant may appeal a decision in a case for the following reasons:
- Procedural irregularity that affected the outcome of the matter (i.e. a failure to follow the institution’s own procedures);
- New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter;
- The Title IX Coordinator, investigator(s), or decision-maker(s) had a conflict of interest or bias for or against an individual party, or for or against complainants or respondents in general, that affected the outcome of the matter.
- Appellate panel: Appeals of Policy on Sexual Misconduct, Sexual Harassment and Sexually Inappropriate Behaviors complaint decisions adjudicated by the Title IX Coordinator will be heard by an appellate panel. Members of the panel will be appointed for one to two year terms, and will be trained on issues related to sexual misconduct policy and process.
- Process:
- A student wishing to appeal should submit his/her written appeal to the Title IX Coordinator within 7 calendar working days of receipt of the original decision. Appeals are due by 5:00pm on the seventh day following the original decision.
- Once a panel has been convened, the original appeal letter will be submitted to the chairperson of the Appeals panel.
- Contact information for the chairperson is available in the Title IX Coordinator’s office.
- If the respondent submits an appeal, the complainant will be informed that an appeal has been submitted; if the complainant appeals, the respondent will be informed that an appeal has been submitted.
- Once all parties have been notified that an appeal has been submitted, the complainant or respondent will then have 3 calendar working days of the receipt of the appeal notification to respond to the appeal.
- The complainant would have the right to appeal in the case that the respondent was found “Not Responsible”, if there was a procedural error, or if new information has been discovered.
- All appeals submitted on the grounds of process error or on the grounds of new information will go through the Title IX Coordinator’s office to be submitted to the chairperson. The Title IX Coordinator may determine that the new information has no influence on the original decision, that the original decision should be amended, or that there needs to be a new hearing. She/he will send the final recommendation to the Chairperson for approval. All information may be referred back to the appellate panel for further clarification, discussion and recommendations.
- The appellate panel will be convened and the appellate panel will review the relevant materials and vote on whether or not there are grounds for an appeal. A non-voting administrator may be appointed by the chairperson to assist with the process.
- The Respondent or Complainant may request the removal of a member of the appellate panel, including the non-voting administrator, if the student feels that the member may not be fair or impartial. This request, including rationale, must be submitted to the chairperson in writing at least 48 hours in advance of the hearing. In cases where the student would like the chairperson removed, this request, including rationale, must be submitted to the Title IX Coordinator or their designee in writing at least 48 hours in advance of the hearing. The final decision as to the removal of a member of the panel will be solely at the discretion of the Title IX Coordinator.
- The panel will have access to all reports, statements by the complainant, respondent, all witnesses and any other materials gathered during the investigation relevant to the appeal.
- If, and only if, the panel decides that one of the three grounds for an appeal are met, the panel at a subsequent meeting will vote on whether or not the original findings and/or sanctions should be amended. Amendment of the sanctions may include an increase or decrease in severity.
- Prior to the “subsequent meeting” referred to in (f) above, the panel may, in its sole discretion, meet with the complainant, respondent, investigator, or adjudicator and/or other individuals in order to assist it in determining whether the original findings and/or sanctions should be amended. During any meeting with the complainant, respondent and/or other individuals, the Panel will not revisit the entire matter, but will limit its discussion to the “ground(s) for appeal” previously identified.
- The decision of the Appeals panel will be final.
- A student wishing to appeal should submit his/her written appeal to the Title IX Coordinator within 7 calendar working days of receipt of the original decision. Appeals are due by 5:00pm on the seventh day following the original decision.
*Language adopted from University of Virginia and Gettysburg College
FILE A COMPLAINT: REPORTING MISCONDUCT
Reports of sexual harassment and sexual violence, including sexual assault, dating violence, domestic violence, and stalking should be reported to the following:
- If there is an alleged student perpetrator: call the Title IX Coordinator (530) 226-4108
- If there is an alleged employee perpetrator: call the Director of Human Resources, (530) 226-4556
- If there is neither a student or an employee perpetrator: call the Title IX Coordinator (530) 226-4108
- Unsure of whom to report: Contact any Title IX Deputy above
SU takes immediate and effective steps to end sexual harassment and sexual violence. Retaliation against individuals reporting sexual harassment and/or sexual violence will not be tolerated and will be addressed through the appropriate university process (Title IX, Student Conduct, Human Resources). Questions about SU’s Title IX policy and protocol can be directed to: Sarah Jobson, Interim Dean of Students at sjobson@simpsonu.edu, (530) 226-4108, Suite 206 Owen Center.
The U.S. Department of Education, OCR oversees Title IX compliance. Questions may be addressed to the Office for Civil Rights (OCR).
STUDENT COMPLAINT PROCESS NOTICE
Compliant with HEA Title IV, CFR 34, Sections 600.9 (a)(1) and 668.43 (b)
Simpson University takes very seriously complaints and concerns regarding the institution. All complaints should be first addressed at the campus level. Most complaints should be able to be resolved at the campus level.
If you are a Simpson University student and you have a complaint regarding Simpson University, please refer to the Simpson University catalog and/or your appropriate student handbook for information about the campus level complaint process that you should follow. If you are unable to determine the process that you should follow, you may present your complaint to:
Campus Student Ombudsman, Registrar at:
Email: registrar@simpsonu.edu
Phone: (530) 226-4111
This contact will provide you with a written explanation of the campus process for addressing your particular complaint(s) and answer any questions you may have to assure you a fair process.
If your complaint is about the institution’s compliance with academic program quality and accrediting standards and if you believe that your complaint warrants further attention after exhausting all the steps outlined in the Simpson University catalog and/or student handbooks and/or in the written material given to you by the Campus Student Ombudsman, you may contact:
The Western Senior College and University Commission (WSCUC) at https://www.wscuc.org/resources/comments/ . WSCUC is the academic accrediting body for Simpson University.
An individual may contact the Bureau for Private Postsecondary Education for review of a complaint. The bureau may be contacted at 2535 Capitol Oaks Drive, Ste 400, Sacramento, CA 95833, https://www.bppe.ca.gov, phone: 916-431-6924, or fax: 916-263-1897.
Most complaints made to media outlets or public figures, including members of the California legislature, Congress, the Governor, or individual Trustees of Simpson University are referred to the University President’s Office.
Nothing in this disclosure limits any right that you may have to seek civil or criminal legal action to resolve your complaints.
Simpson University has provided this disclosure to you in compliance with the requirements of the Higher Education Act of 1965, as amended, as regulated in CFR 34, Sections 600.9 (b) (3) and 668.43(b). If anything in this disclosure is out of date, please notify:
Chief Operating Officer – Simpson University
Robert W. Quirk
2211 College View Drive
Redding, CA 96003
Phone: (530) 226-4503
Email: rquirk@simpsonu.edu
If a distance education student who lives outside the state of California believes that the university’s internal procedures have not adequately addressed concerns identified under the Program Integrity Rule, the following link and contact information for each state is provided: Student Complaint Information by State and Agency (PDF).
This disclosure was last revised on January 3, 2017.
TITLE IX EXEMPTION (2020)
Simpson University position regarding gender identity accommodations
In May 2014 Simpson University was granted a Title IX Exemption related to student housing, facilities, athletics, and rules of behavior based on gender identity. We requested the exemption in October 2013 based on our religious beliefs as a religious nonprofit institution of higher education under The Christian and Missionary Alliance. The exemption request was prompted by the U.S. Department of Education’s (DOE) action in late July 2013 to extend non-discrimination requirements based on one’s sex to include gender identity. Under gender identity the DOE further included “transgender students and students who do not conform to sex stereotypes…” It requires Title IX recipients of federal funds to “…treat transgender students consistent with their gender identity in all aspects of the planning, implementation, enrollment, operation, and evaluation of single-sex classes.” Without an exemption, Simpson would have been required to provide accommodations such as access to opposite sex restrooms, locker rooms, student residences and athletic teams for students identifying themselves as transgender or those who do not conform to traditional sexual categories.
What is Title IX?
Enacted in Congress in 1972, Title IX prohibits all discrimination “on the basis of sex” in educational institutions that receive Title IV (financial aid) funds. Until very recently, education institutions in the United States have defined sex (gender) in terms of the biological differences that differentiate men from women.
Why did Simpson request the religious exemption?
Schools controlled by a religious organization (The Christian and Missionary Alliance) enjoy the freedom to operate according to their religious beliefs. These are long-cherished freedoms as provided by the Constitution and are still important, respected, and upheld in our country.
In adopting Title IX in 1972, Congress respected religious liberty by declaring that the law‘s restraints do not apply where they “would not be consistent with the religious tenets” of the school. The Department of Education’s Office of Civil Rights (OCR) set up a mechanism under which “an institution that is controlled by a religious organization” may claim this exemption given to them by Congress.
The regulations OCR adopted under Title IX expressly permit universities to provide separate housing on the basis of sex (male/female), which is how Simpson University articulates gender identity. The broader issues of identity, orientation, and preference are complicated with multiple inputs or causes, some genetic, some experiential, and some involving choice to participate in specific communities.
Simpson University affirms the dignity and value of all human beings. We believe that, as a Christian institution, we are called to treat all people as Christ did, with compassion and respect. While, in keeping with our religious beliefs, we cannot in good conscience support or encourage an individual to live in conflict with biblical principles (see C&MA summary position below), we nonetheless value each individual.
What is the C&MA position on gender identity and human sexuality?
Simpson University is owned by and affiliated with the Christian and Missionary Alliance (C&MA) denomination. The denomination, and the university, upholds the inerrancy and truth of Scripture as presented in the Bible. We believe the Bible speaks to many social issues of our time, including human sexuality, and provides guidelines for moral choices and actions.
According to the C&MA’s official statement on human sexuality, human beings, fashioned by God in His own image, are created male and female (Genesis 1:27).
Like the rest of God’s creation, the sexual differences between man and woman are pronounced “very good” (Gen. 1:31). However, sexual practices that are divorced from loving, covenantal relationships between men and women pervert God’s intentions and result in sinful behavior that ruptures relationships between men and women, and erodes the relationship between human beings and their Creator. Humanity’s failure to ground sexual identity in God’s creative intent and holy character violates biblical standards of sexual purity. We reject all attempts at constructing one’s own sexual identity by medically altering the human body, cross dressing, or similarly practicing behaviors characteristic of the opposite sex as morally objectionable and sinful (Deut. 22:5).
We believe Christ set an example of loving ministry to those who suffer from the results of their own acts of sin in the example of the woman caught in adultery: “Then neither do I condemn you,” Jesus declared. “Go now and leave your life of sin” (John 8:3-11).
How is federal aid through Title IX tied to Simpson?
Title IX of the Education Amendments of 1972 prohibits discrimination based on sex in education programs and activities that receive federal financial assistance.
Christian colleges and universities such as Simpson receive federal (and state) funds brought by the students as financial aid. The students receive the aid and decide where to spend it. State and federal tax dollars support the right of students to get an education at the institution of their choice.
Federal aid is given to students to help them find the institution of higher education that will be the best fit for their personal development. That development might be professional studies or liberal arts — but it also includes holistic life development that fits their core value system.
What is Simpson University’s anti-discrimination policy?
Simpson University, an affiliated enterprise of The Christian and Missionary Alliance, does not discriminate on the basis of race, color, national origin, sex, disability, age, or veteran status. Simpson University does not discriminate on those bases in its educational programs or activities, including, but not limited to, admissions, recruitment, housing, athletic and extracurricular activities, discipline, financial assistance, hiring practices, employment, promotions and other institutional policies.
In conclusion:
We are also well aware of other dividing walls that separate people from one another, walls that Christ desires to break down—walls of sex, race, ethnicity, nationality, language, and class. We believe that Christ calls us to seek ways for all persons in our university community to grow in their individual giftedness and to contribute in meaningful ways to our common life and work. Thus, in all of our differences, we are centered in Christ, and called by him to shape, model, and participate together in grace-filled community.
CALIFORNIA EDUCATION CODE EXEMPTION (2020)
California Education Code 66270: Simpson University, an educational institution of the Christian and Missionary Alliance denomination, takes seriously anti-discrimination provisions under federal and state law, and is committed to providing a learning and living environment that promotes student safety, transparency, personal integrity, civility and mutual respect. Simpson University, like all other faith-based institutions in California, is exempted by the state from California Education Code 66270, the California Equity in Higher Education Act, to the extent the application of California Education Code 66270 is not consistent with the institution’s religious tenets.
The exemption may apply to, but is not limited to, requirements as expressed in University policies including: the traditional undergraduate handbook, parent handbook, mission statement, diversity statement, etc. We retain all rights afforded to us under federal law and the laws of the State of California. For further information, please visit simpsonu.edu/code66270.