Under Title IX of the Education Amendments of 1972 (20 U.S.C. 1681) and its implementing regulations (34 C.F.R. 106) sexual harassment is a form of prohibited sex discrimination. Title IX provides:

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 educational program or activity receiving Federal financial assistance.

Title IX requires colleges and universities to provide enhanced, improved, sustained and consistent response to sexual violence on campus and if a college or university if found to be out of compliance with federal regulation, each violation can be assessed a fine of up to $35,000 if the Office of Civil Rights (OCR) determine that the institution did not adequately respond to reports of sexual violence.

The Campus Sexual Violence Elimination (SAVE) Act adds to what must be reported annually on the Clery report, expanding the definition of sexual violence to include domestic violence and stalking, mandating that colleges and universities provide prevention, bystander awareness training, clear policies and a clear process for reporting. California standard SB 967 was signed into law on September 28, 2014 changing the “Yes Means Yes” standard from requiring having to say “No” to sexual activity to requiring an affirmative consent and requiring colleges and universities to set this as the standard for conduct.

Vanguard University (throughout this policy, Vanguard University will further be referred to as the “University”) is a Christian university affiliated with the Southern California Network of the Assemblies of God. The University affirms its commitment to promote the goals of fairness and equity in all aspects of the educational environment. The University’s mission is to pursue knowledge, cultivate character, deepen faith, and equip each student for a Spirit empowered life of Christ-centered leadership and service. In accordance with its mission, Vanguard is committed to providing an educational and employment environment that is free from sex discrimination, sex-based harassment, and retaliation for engaging in protected activity.

Vanguard values and upholds the equal dignity of all members of its community and strives to balance the rights of the Parties in the resolution process during what is often a difficult time for all involved. To ensure compliance with federal, state, and local sex discrimination laws and regulations, and to affirm its commitment to promoting the goals of fairness and equity in all aspects of the education program or activity, Vanguard has developed policies and procedures that provide for prompt, fair, and impartial resolution of allegations of sex discrimination, sex-based harassment, or retaliation.

Through this policy, and its appendices, the Title IX Office will equitably address any concerns or complaints within its jurisdiction related to unlawful discrimination and sexual harassment to include retaliation. The University will also strive to support any person who has been impacted by discrimination, sexual harassment, or other sexual misconduct, whether or not the complainant elects to report to law enforcement and whether or not the alleged offense occurred within the jurisdiction of the University.

The Title IX Office provides training for faculty, staff, and students to help support and foster an environment free from all forms of prohibited discrimination. Through our training, policy, and procedures, the University will strive to deter discrimination and retaliation and ensure just outcomes when a complaint of sex discrimination is reported. 

Violations of this Policy may result in the imposition of sanctions up to, and including, termination, dismissal, suspension, or expulsion, as determined by the appropriate officials at the University.

Retaliation against an individual for raising an allegation of sexual or gender-based harassment, or harassment based on status of a protected class, or for cooperating in an investigation of such a complaint, or for opposing discriminatory practices is prohibited. Submitting a complaint that is not in good faith or providing false or misleading information in any investigation of complaints is also prohibited.

Nothing in this Policy shall be construed to abridge academic freedom and inquiry or the University’s educational mission.

 

Advisor. Any person chosen by a party, or appointed by the institution, who may accompany the party to all meetings related to the Resolution Process and advise the party on that process.

Coordinator. The person with primary responsibility for overseeing and enforcing the nondiscrimination Policies and Resolution Process. As used in these policies and procedures, the “Coordinator” also includes their designee(s).

Appeal Decision-maker. The person or panel who accepts or rejects a submitted appeal request, determines whether any of the appeal grounds are met, and directs responsive action(s) accordingly.

Complainant. A student or employee who is alleged to have been subjected to conduct that could constitute sex discrimination, sex-based harassment, or retaliation under the Policy; or a person other than a student or employee who is alleged to have been subjected to conduct that could constitute sex discrimination, sex-based harassment, retaliation, or Other Prohibited Conduct under the Policy and who was participating or attempting to participate in Vanguard’s education program or activity at the time of the alleged sex discrimination, sex-based harassment, retaliation, or Other Prohibited Conduct.

Complaint. An oral or written request to Vanguard that can objectively be understood as a request for Vanguard to investigate and make a determination about the alleged Policy violation(s).

Confidential Employee.

• An employee whose communications are privileged or confidential under federal or state law. The employee’s confidential status, for purposes of this definition, is only with respect to information received while the employee is functioning within the scope of their duties to which privilege or confidentiality applies; or
• An employee whom Vanguard has designated as confidential under this Policy for the purpose of providing services to persons related to sex discrimination, sex-based harassment, retaliation, or Other Prohibited Conduct. If the employee also has a duty not associated with providing those services, the employee’s confidential status only applies with respect to information received about sex discrimination, sex-based harassment, retaliation, or Other Prohibited Conduct in connection with providing those services; or
• An employee who is conducting an Institutional Review Board-approved human-subjects research study designed to gather information about sex discrimination, sex-based harassment, retaliation, or Other Prohibited Conduct. The employee’s confidential status only applies with respect to information received while conducting the study.

Day. A business day when Vanguard is in normal operation. All references in the Policy to days refer to business days unless specifically noted otherwise.

Decision-maker. The person or panel who reviews evidence, determines relevance, and makes the Final Determination of whether Policy has been violated and/or assigns sanctions.

Education Program or Activity. Locations, events, or circumstances where Vanguard exercises substantial control over the context in which the sex discrimination, sex-based harassment, retaliation, or Other Prohibited Conduct occurs and also includes any building owned or controlled by a student organization that Vanguard officially recognizes.

Employee. A person employed by Recipient either full- or part-time, including student employees when acting within the scope of their employment.

Final Determination. A conclusion by the standard of proof that the alleged conduct did or did not violate Policy.

Finding. A conclusion by the standard of proof that the conduct did or did not occur as alleged (as in a “finding of fact”).

Informal Resolution. A resolution agreed to by the Parties and approved by the Coordinator that occurs prior to a Final Determination in the Resolution Process.

Investigation Report. The Investigator’s summary of all relevant evidence gathered during the investigation. Variations include the Draft Investigation Report and the Final Investigation Report.

Investigator. The person(s) authorized by Vanguard to gather facts about an alleged violation of this Policy, assess relevance and credibility, synthesize the evidence, and compile this information into an Investigation Report.

Knowledge. When Vanguard receives Notice of conduct that reasonably may constitute sex discrimination, sex-based harassment, retaliation, or Other Prohibited Conduct in its Education Program or Activity.

Mandated Reporter. A Vanguard employee who is obligated by Policy to share Knowledge, Notice, and/or reports of sex discrimination, sex-based harassment, retaliation, or Other Prohibited Conduct with the Coordinator.[1]

Notice. When an employee, student, or third party informs the Coordinator of the alleged occurrence of sex discrimination, sex-based harassment, retaliation, or Other Prohibited Conduct.

Parties. The Complainant(s) and Respondent(s), collectively.

Pregnancy or Related Conditions. Pregnancy, childbirth, termination of pregnancy, or lactation, medical conditions related thereto, or recovery therefrom.

Relevant Evidence. Evidence that may aid a Decision-maker in determining whether the alleged sex discrimination, sex-based harassment, retaliation, or Other Prohibited Conduct occurred, or in determining the credibility of the Parties or witnesses.

Remedies. Typically, post-resolution actions directed to the Complainant and/or the community as mechanisms to address safety, prevent recurrence, and restore or preserve equal access to Vanguard’s Education Program and Activity.

Resolution Process. The investigation and resolution of allegations of prohibited conduct under this Policy, including Informal Resolution, Administrative Resolution, and/or Hearing Resolution.

Respondent. A person who is alleged to have engaged in conduct that could constitute sex discrimination, sex-based harassment, retaliation for engaging in a protected activity under this Policy, or Other Prohibited Conduct.

Sanction. A consequence imposed on a Respondent who is found to have violated this Policy.

Sex. Sex assigned at birth, sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity.

Student. Any person who has gained admission.

Title IX Coordinator. At least one official designated by Vanguard to ensure ultimate oversight of compliance with Title IX and Vanguard’s Title IX program. References to the Coordinator throughout the Policy may also encompass a designee of the Coordinator for specific tasks.

Title IX Team. The Coordinator, any deputy coordinators, and any member of the Resolution Process Pool.

 

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[1] Not to be confused with those mandated by state law to report child abuse, elder abuse, and/or abuse of persons with disabilities to appropriate officials, though these responsibilities may overlap with those who have mandated reporting responsibility under this Policy.

This Policy is only applicable to alleged incidents that occur on or after August 1, 2024. For alleged incidents of sex discrimination or sexual harassment occurring prior to August 1, 2024, the policy and procedures in place at the time of the alleged incident apply. Applicable versions of those policies and procedures are available from the Coordinator or online at https://www.vanguard.edu/resources/title-ix/policy2020

This Policy applies to all faculty, employees, students, and other individuals participating in or attempting to participate in Vanguard’s program or activities, including education and employment.

This Policy prohibits all forms of sex discrimination, and may be applied to incidents, to patterns, and/or to the institutional culture/climate, all of which may be addressed in accordance with this Policy.

For alleged incidents of sex discrimination or sexual harassment, click link to view the 2020 Title IX Policy.