Vanguard University Campus Public Safety Department

Campus Security
Report 2017

Executive Summary

This report is prepared in accordance with the Jeanne Clery Disclosure of Campus Security Policy and Campus Crimes Statistics mealy the (Campus Security Act of 1990). The Act requires colleges and universities to annually distribute information, Campus Public Safety procedures and crime statistics to the Department of Education, as well as to the institution's and prospective students, parents, and employees. This report is available to university personnel and students via the ty’s Intranet. Information on how to request a copy of the report is also available to the public via the university’s

Contents

Executive Summary . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1

Contents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2

Campus Public Safety Department. . . . . . . . . . . . . . .. .5

Cooperation with Local Law Enforcement . . . . . . . . .. 5

Residential Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

Drug and Alcohol Policy . . . . . . . . . . . . . . . . . . . . . . . . 6

Weapons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 6

Sexual Assault . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 6

Counseling Services . . . . . . . . . . . . . . . . . . . . . . . . . . .. 7

Resources for Victims of Sexual Offenses . . . . . . . . .... 7

Timely Warning Policy . . . . . . . . . . . . . . . . . . . . . . . .. 7

POLICY AND PROCEDURES . . . . . . . . . . . . . . . . . . . . .... 8

Equal Opportunity, Harassment and Nondiscrimination 8

University Policy on Nondiscrimination . . . . . . . . . . . .. 9

University Policy on Accommodation of Disabilities.  10

Students with Disabilities . . . . . . . . . . . . . . . . . . . . .... 10

Employees with Disabilities . . . . . . . . . . . . . . . . . . . . . 10

University Policy on Discriminatory Harassment . . .... 10

Discriminatory and Bias-Related Harassment . . . . . .. 11

Sexual Harassment . . . . . . . . . . . . . . . . . . . . . . . . . . .. 11

Consensual Relationships . . . . . . . . . . . . . . . . . . . . .... 11

Sexual Misconduct . . . . . . . . . . . . . . . . . . . . . . . . . . .. 12

Other Civil Rights Offenses, . . . . . . . . . . . . . . . . . . . . . 14

Retaliation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 14

Remedial Action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

Confidentiality and Reporting . . . . . . . . . . . . . . . . . .. 14

Confidential Reporting . . . . . . . . . . . . . . . . . . . . . . . .. 14

Private Reporting . . . . . . . . . . . . . . . . . . . . . . . . . . .. 15

Formal Reporting Options . . . . . . . . . . . . . . . . . . . . .. 16

Federal Timely Warning Obligations . . . . . . . . . . . .... 16

EQUITY GRIEVANCE PROCESS . . . . . . . . . . . . . . . . . .. 16

Equity Grievance Panel (EGP) . . . . . . . . . . . . . . . . . .... 17

Filing a Grievance . . . . . . . . . . . . . . . . . . . . . . . . . . .... 17

Grievance Intake. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

Investigation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

Interim Remedies . . . . . . . . . . . . . . . . . . . . . . . . . . .... 18

Grievance Resolution . . . . . . . . . . . . . . . . . . . . . . . .... 19

Conflict Resolution . . . . . . . . . . . . . . . . . . . . . . . . . . .. 19

Resolution Without a Hearing . . . . . . . . . . . . . . . . . .. 19

Formal Hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 20

Formal EGP Procedure . . . . . . . . . . . . . . . . . . . . . . . .. 20

Hearing Panels . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 20

Notification of Charges. . . . . . . . . . . . . . . . . . . . . . . .. 20

Hearing Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

Decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

Sanctions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

Student Sanctions . . . . . . . . . . . . . . . . . . . . . . . . . . .... 23

Employee Sanctions . . . . . . . . . . . . . . . . . . . . . . . . . . . 23

Withdrawal or Resignation While Charges Pending. 23

Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 23

Failure to Complete Sanctions . . . . . . . . . . . . . . . . . .. 24

Records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 22

Statement of the Rights . . . . . . . . . . . . . . . . . . . . . . . . 25

Statement of the Rights of the Responding Party . . .. 25

Crime Statistics. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 25

Emergency Response and Evacuation Procedures . . .. 37

Missing Student Notification . . . . . . . . . . . . . . . . . .... 37

ANNUAL FIRE SAFETY REPORT . . . . . . . . . . . . 38

Procedures for students housing evacuation: . . . . . .... 38

Fire Log/Statistics for 2016 . . . . . . . . . . . . . . . . . . . . . 40

Fire Log/Statistics for 2015 . . . . . . . . . . . . . . . . . . . . . 41

Fire Log/Statistics for 2014. . . . . . . . . . . . . . . . . . . . . 42

Campus Public Safety Department

Campus Public Safety employs one full-time Director, one full-time Assistant Director, Seven full-time Patrol Officers, several on-call Patrol Officers as well as numerous part-time student employees. Campus Public Safety assists in preserving public peace and order, and protects all university personnel, students and property from crime and safety hazards. Specific services include but not limited to escort, lock and unlock of buildings and rooms, parking enforcement, dissemination of safety-related information, hazard, surveillance checks, and patrol services for the campus and off campus student housing. Campus Public Safety reports to the Vice President of Student Affairs.

Campus Public Safety personnel are on duty 24 hours a day, seven days a week. The arrest authority of the Campus Public Safety officer is the same as private citizens as specified in the California State Penal Code. Campus Public Safety transfers all criminal matters to the Costa Mesa Police Department. All officers receive professional training and are PC832
Post Certified, and register with the Bureau of Security and Investigative Services.

Campus buildings are monitored by a mixture of automatic locks, hard key system, and fire alarms. Access to buildings is limited to students, escorted guests, and employees of Vanguard University. The campus is maintained by Facility Services and patrolled by Campus Public Safety. The officers routinely monitor the lighting of the campus, fire systems, and landscaping, to ensure proper operation of these systems and prevent unsafe conditions on campus, deficiencies are promptly reported for repairs.

Campus Public Safety may be reached by dialing ext. 6799 from a campus phone or (714) 966-6799. In the event of an emergency, university students and personnel should call 911 (first dial 9 for outside line), and then call Campus Public Safety for assistance. Contact can be made with Campus Public Safety from off campus by dialing (714) 966-6799.
Campus Public Safety Office is located by the Needham Office Complex
Campus Public Safety posts warnings of crimes committed on and off campus that may impact the safety of students and employees. These warnings are for helping students and employees to be aware of their surroundings and personal safety. These warnings are posted through the university email system, on bulletin boards, and the university electronic bulletin board.

Cooperation with Local Law Enforcement

VUSC aggressively pursues appropriate action against any person who attempts to commit a crime or other inappropriate action on the campus. To this end, university students and personnel are strongly encouraged to promptly report all suspicious and criminal activity to Campus Public Safety. If preferred, university students and personnel may report crimes on a voluntary, confidential basis by contacting any Student Life Staff member or university administrator. In addition, the university encourages university personnel serving in a pastoral or professional counseling role to inform the person being counseled of the procedures to report crimes on a voluntary, confidential basis for inclusion in the annual disclosure of crime statistics.

The university enjoys a positive, open relationship with local law enforcement officials and has requested that information regarding any criminal activity involving university students be communicated to the university. To comply with the Jeanne Clery Disclosure of Campus Security Policy and Crime Statistics Act, we collect statistics from local law enforcement agencies for reportable crimes which occur on public property adjacent to Vanguard University property and off-site class locations. Campus Public Safety personnel notify the Costa Mesa Police Department or other law enforcement agencies as appropriate to comply with the Kristin Smart Campus Public Safety Act of 1998

Residential Facilities

VUSC currently has seven residential buildings. Resident Assistants operating under the supervision of five Residence Directors staff these buildings. The Student Handbook outlines regulations concerning guests in the residential facilities and VUSC's right-to-enter policy. Students have floor meetings and discuss safety and security policies concerning fire alarms, earthquake procedures, alcohol, drugs, sexual harassment and sexual assault. Campus Public Safety personnel routinely monitor the residence facilities for safety and security purposes. VUSC has one off-campus student housing complex. VUSC does not have off-campus student organization run housing

Drug and Alcohol Policy

VUSC has established a drug and alcohol abuse policy and program according to the Drug Free Schools and Communities Act of 1989 (PL 101-226). VUSC has a tradition of students and employees acting responsibly and refraining from actions that are damaging to themselves, to others, or to the institution. The university prohibits all students from the possession, use, and sale of alcoholic beverages regardless of age. In addition, the possession, use, and sale of illegal drugs are strictly forbidden. The university complies with all Federal and State drug laws. All students, the parents of minor students, and employees are furnished with a copy of the university’s drug and alcohol policy each year

Weapons

All weapons described in 653K, 12020, 626.9, and 626.10 of the California Penal Code and other items deemed dangerous to the safety of the community are not allowed on campus.

Sexual Assault

The university is concerned about any allegations of sexual assault and, therefore, strongly encourages any person who has experienced such a violation to report the situation immediately to a Residence Director, Director of Counseling Services, or the VP for Student Affairs who will take action to ensure that appropriate medical and counseling services are provided. Sexual assault is defined as rape, acquaintance rape, and other sex offenses, forcible or non-forcible. Victims of sexual assault should attempt to preserve evidence that may be necessary to the proof of criminal sexual assault.

Complaints of sexual assault can be resolved in the same manner as sexual harassment outlined in the Student Handbook. In accordance with federal regulations regarding disciplinary resolutions of sexual assault cases, both the accuser and the accused are entitled to the same opportunities to have others present during disciplinary hearings and to be informed of the outcome. However, the university will report and cooperate with the appropriate law enforcement authorities that have the right and responsibility to act in response to law violations committed on the university premises and/or by a member of the university community. The university reports complaints of sexual assault that involve minors to the appropriate law enforcement authority in accordance with California law. Victims of sexual assault may notify the proper law enforcement authorities themselves or may ask to be assisted by campus authorities in notifying such authorities. The University notifies student victims of sexual assault of any reasonably available options in changing their academic or living situations if so requested.

In accordance with the Campus Sex Crimes Prevention Act, Vanguard University has established a public notification policy. This policy is available in the Student Handbook or may be viewed on the Campus Public Safety web page http://www.vanguard.edu/CampusSafety/index.aspx?doc_id=2783. All persons who wish to view the registered sex offender information for Costa Mesa should call the police department at 714-754-5079 to schedule an appointment, or visit http://meganslaw.ca.gov/sexreg.htm to view the information on-line or http://www.meganslaw.ca.gov/

Counseling Services
Vanguard Counseling Center is a psychological counseling program located on the campus of Vanguard University developed to offer services to the students and employees of Vanguard University. Psychological counseling is available at no cost for students and employees. Specific counseling issues include, but are not limited to, interpersonal and sexual concerns, premarital counseling, spiritual concerns, depression, addictions, and eating disorders. Counseling sessions are considered privileged and only the client may authorize the release of information revealed during these sessions. Crime information that the university is required to include in the Annual Security Report which the client reveals during counseling sessions is forwarded as numbers only, name and other privileged information is considered confidential

People seeking the services of Vanguard Counseling Center may call the University at 714-556-3610 and ask for the Counseling Center or they can call 714-668-6139. If they are on campus they can call extensions ext. 6139 or ext. 5256.

Resources for Victims of Sexual Offenses

Vanguard Counseling Center	714-668-5256	
Rape Crisis Hotline	714-836-7400 or 949-831-9110	

Timely Warning Policy

If a situation arises, either on campus or off campus, that in the judgment of the Director of Campus Public Safety constitutes a continuing threat to the community, a campus wide “Timely Warning” will be issued. The warning will be issued through the university email to students, faculty, and staff, posted on bulletin boards and at all resident hall’s entrances if deemed necessary. Notification can also be sent thru the universities mass notification system known as RAVE. If the Director of Campus Public Safety is not available the on-duty officer may issue the warning in a timely manner under the direction of the VPBF, Dean of Students or Provost

Depending on the nature of the crime for which the Timely Warning is issued, the notice may be posted on the campus web page at http://www.vanguard.edu with a link to Campus Public Safety. The electronic bulletin board is immediately accessible by computer by all faculty, staff, and students. Anyone with information warranting the issue of a timely warning should report the circumstances to the Campus Public Safety personnel at the Campus Public Safety office located in the Needham Chapel complex.

POLICY AND PROCEDURES

Equal Opportunity, Harassment and Nondiscrimination

Vanguard University affirms its commitment to promote the goals of fairness and equity in all aspects of the educational enterprise. All policies below are subject to resolution using the University’s Equity Grievance Process, as detailed below The Equity Grievance Process is applicable regardless of the status of the parties involved, who may be members or nonmembers of the campus community, students, student organizations, faculty, administrators and/or staff. The University reserves the right to act on incidents occurring on-campus or off-campus, when the off-campus conduct could have an on-campus impact or impact on the educational mission of the University.

The Director of Residence Life serves as the Title IX/Equity/AA Coordinator/504 Grievance Coordinator and oversees implementation of the University’s Affirmative Action and Equal Opportunity plan and the University/College’s policy on equal opportunity, harassment and nondiscrimination. Reports of discrimination, harassment and/or retaliation should be made to the Title IX/Equity/AA Coordinator or Deputies promptly, but there is no time limitation on the filing of grievances. All reports are acted upon promptly while every effort is made by the University to preserve the privacy of reports. Anonymous reports may also be filed either by phone or online, using the Lighthouse Services toll free number (855-636-0005) and/or website access (http://www.vanguard.edu/about/lighthouse). Confidential reporting is available 24 hours a day, 7 days a week for use by staff, faculty, and students. Reporting is addressed more specifically in Section 7 below. Reports of discrimination by the Title IX Coordinator should be reported to the University President at OfficeofthePresident@vanguard.edu.

This policy applies to behaviors that take place on the campus, at university-sponsored events and may also apply off campus and to actions online when the Title IX Coordinator determines that the off-campus conduct affects a substantial University interest. A substantial University interest is defined to include
Any action that constitutes criminal offense as defined by federal or California state law. This includes, but is not limited to, single or repeat violations of any local, state or federal law committed in the municipality where the University is located; 
· Any situation where it appears that the accused individual may present a danger or threat to the health or safety of self or others.
· Any situation that significantly impinges upon the rights, property or achievements of self or others or significantly breaches the peace and/or causes social disorder; and/or 
· Any situation that is detrimental to the educational interests of the University. 
· Off-campus discriminatory or harassing speech by employees may be regulated by the University only when such speech is made in an employee’s official or work-related capacity. 
Inquiries about this policy and procedure may be made internally to: 
Lexy Benoit Gioielli
Title IX Coordinator
55 Fair Drive, Costa Mesa, CA 92626 
(714) 556-3610
Email: VUtitleIX@vanguard.edu
Inquiries may be made externally to:
Office for Civil Rights (OCR) U.S. Department of Education 
400 Maryland Avenue, SW Washington, DC 20202-1100
Customer Service Hotline #: (800) 421-3481 
Facsimile: (202) 453-6012
TDD#: (877) 521-2172
Email: OCR@ed.gov
Web: http://www.ed.gov/ocr
Equal Employment Opportunity Commission (EEOC)- Contact: http://www.eeoc.gov/contact/

University Policy on Nondiscrimination

Vanguard University adheres to all federal and state civil rights laws banning discrimination in private institutions of higher education. Vanguard will not discriminate against any employee, applicant for employment, student or applicant for admission on the basis of race, hearing status, personal appearance, color, sex, pregnancy, political affiliation, source of income, place of business, residence, , ethnicity, national origin (including ancestry), citizenship status, physical or mental disability, age, , family responsibilities, gender, veteran or military status (including special disabled veteran, Vietnam-era veteran, or recently separated veteran), predisposing genetic characteristics, domestic violence victim status or any other protected category under applicable local, state or federal law, including protections for those opposing discrimination or participating in any grievance process on campus or within the Equal Employment Opportunity Commission or other human rights agencies.

Regarding employment and related matters, on a Federal level, Title VII of the Civil Rights Act of 1964 allows churches and religious organizations to prefer co-religionists in their employment decisions. In other words, the portions of Title VII that apply to hiring, promotion and separation do not apply to ". . . a religious corporation, association, educational institution, or society with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution, or society of its activities." This preference exception also allows Vanguard to maintain and enforce community standards tied to our Religious affiliation for purposes of discontinuing employment of faculty and staff who have expressly violated those standards. In addition, California's Fair Employment and Housing Act (FEHA) contains an exemption for non-profit religious associations or corporations under Government Code Sections 12926(d) and 12940(j)(4)(B) whereby Vanguard is not subject to laws relative to aforementioned employment matters.

Furthermore, under the Free Exercise Clause of the First Amendment to the Constitution of the United States and various relevant statutes, Vanguard University may lawfully discriminate based on religious and confessional criteria in

employment and educational practices, including admission to the University.

This policy covers nondiscrimination in employment and in access to educational opportunities. Therefore, any member of the campus community, guest or visitor who acts to deny, deprive or limit the educational, employment, residential and/or social access, benefits and/or opportunities of any member of the campus community based on their actual or perceived membership in the protected classes listed above is in violation of the University policy on nondiscrimination. When brought to the attention of the University, any such discrimination will be appropriately remedied by the University, per the procedures outlined below.

University Policy on Accommodation of Disabilities

Vanguard University is committed to full compliance with the Americans With Disabilities Act of 1990 (ADA) and Section 504 of the Rehabilitation Act of 1973, which prohibit discrimination against qualified persons with disabilities, as well as other federal and state laws pertaining to individuals with disabilities. Under the ADA and its amendments, a person has a disability if he or she has a physical or mental impairment that substantially limits a major life activity. The ADA also protects individuals who have a record of a substantially limiting impairment or who are regarded as disabled by the institution whether qualified or not. A substantial impairment is one that significantly limits or restricts a major life activity such as hearing, seeing, speaking, breathing, performing manual tasks, walking or caring for oneself.

The Title IX Coordinator has been designated as the ADA/504 Coordinator responsible for coordinating efforts to comply with these disability laws, including investigation of any grievance alleging noncompliance.

Students with Disabilities

Vanguard University is committed to providing qualified students with disabilities with reasonable accommodations and support needed to ensure equal access to the academic programs and activities of the University.

All accommodations are made on a case-by-case basis. A student requesting any accommodation should first contact the Assistant Director of Disability Services who coordinates services for students with disabilities. The coordinator reviews documentation provided by the student and, in consultation with the student, determines which accommodations are appropriate to the student’s needs and academic programs.
Assistant Director of Disability Services Phone: (714) 619-6483

Email: DisabilityServices@vanguard.edu 
504 Grievance Coordinator
Phone: (714) 556-3610
Email: VUtitleIX@vanguard.edu

Employees with Disabilities

Pursuant to the ADA, Vanguard University will provide reasonable accommodation(s) to all qualified employees with known disabilities, where their disability affects the performance of their essential job functions, except where doing so would be unduly disruptive or would result in undue hardship. An employee with a disability is responsible for requesting an accommodation in writing to the Director of Human Resources and provide appropriate documentation. The director will work with the employee’s supervisor to identify which essential functions of the position are affected by the employee’s disability and what reasonable accommodations could enable the employee to perform those duties.

University Policy on Discriminatory Harassment

Students, staff, administrators, and faculty are entitled to a working environment and educational environment free of discriminatory harassment. Vanguard University’s harassment policy is not meant to inhibit or prohibit educational content or discussions inside or outside of the classroom that include germane, but controversial or sensitive subject matters protected by academic freedom. The sections below describe the specific forms of legally prohibited harassment that are also prohibited under University policy.

Discriminatory and Bias-Related Harassment

Harassment constitutes a form of discrimination that is prohibited by law. Vanguard University will remedy all forms of harassment when reported, whether or not the harassment rises to the level of creating a hostile environment. When harassment rises to the level of creating a hostile environment, the University may also impose sanctions on the harasser. The University’s harassment policy explicitly prohibits any form of harassment, defined as unwelcome conduct based on actual or perceived membership in a protected class, by any member or group of the community
A hostile environment may be created by oral, written, graphic, or physical conduct that is sufficiently severe, persistent, pervasive and objectively offensive that it interferes with, limits or denies the ability of an individual to participate in or benefit from educational programs or activities or employment access, benefits or opportunities.
Offensive conduct and/or harassment that does not rise to the level of discrimination or that is of a generic nature not based on a protected status may not result in the imposition of discipline under University policy, but will be addressed through civil confrontation, remedial actions, education and/or effective conflict resolution mechanisms. For assistance with conflict resolution techniques, employees should contact the Director of Human Resources and students should contact the Director of Residence Life.
Vanguard condemns and will not tolerate discriminatory harassment against any employee, student, visitor or guest based on any status protected by university policy or law.

Sexual Harassment

Both the Equal Employment Opportunity Commission and the State of California regard sexual harassment as a form of sex/gender discrimination and, therefore, as an unlawful discriminatory practice. The University has adopted the following definition of sexual harassment, to address the special environment of an academic community, which consists not only of employer and employees, but of students as well. Sexual harassment is:
•	Unwelcome, sexual or gender-based verbal, written, online and/or physical conduct. 

Anyone experiencing sexual harassment in any University program is encouraged to report it immediately to the University’s Title IX Coordinator or to one of the Deputies (see attached chart).

Sexual harassment creates a hostile environment, and may be disciplined when it is: 
•	sufficiently severe, persistent/pervasive and objectively offensive 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 power differentials (quid pro quo), the creation of a hostile environment or retaliation.

Policy Expectations with Respect to Consensual Relationships

All Vanguard University faculty, staff, and volunteers are expected to perform their responsibilities in a manner that is consistent with the mission and values of the University. Consensual romantic relationships can lead to conflicts of interest and become potentially exploitive when they involve colleagues in the workplace and those teaching or in mentoring relationships. Therefore, romantic relationships are not permitted between University faculty/staff and students, or between supervisors and non-supervisorial staff or faculty members.

Romantic relationships may include, but are not limited to, a pattern of exclusivity between two individuals, physical touching that implies romantic intention or desire, actual physical intimacy, or written communication or other action that implies or directly shows a sign of romantic interest.

Sexual Misconduct

State law defines various violent and/or non-consensual sexual acts as crimes. Additionally, Vanguard University has defined categories of sexual misconduct, as stated below, for which action under this policy may be imposed. Generally speaking, Vanguard considers Non-Consensual Sexual Intercourse violations to be the most serious, and therefore typically imposes the most severe sanctions, including suspension or expulsion for students and termination for employees. However, the University reserves the right to impose any level of sanction, ranging from a reprimand up to and including suspension or expulsion/termination, for any act of sexual misconduct or other gender-based offenses, including intimate partner or relationship (dating and/or domestic) violence, non-consensual sexual contact and stalking based on the facts and circumstances of the particular grievance. Acts of sexual misconduct may be committed by any person upon any other person, regardless of the sex, gender, sexual orientation and/or gender identity of those involved Violations include:
i Sexual Harassment (as defined in section b above)
ii Non-Consensual Sexual Intercourse

Defined as:
•	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

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.
iii Non-Consensual Sexual Contact
Defined as:
•	any intentional sexual touching 
•	however, slight 
•	with any object 
•	by a person upon another person 
•	that is without consent and/or by force 

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.
 iv.  Sexual Exploitation

Sexual Exploitation refers to a situation in which a person takes 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 or 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) 
Prostitution 

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 

Consent 

Vanguard University seeks to provide a safe and caring environment which is set apart by the mission and values of the University. Each person who has chosen to engage in Vanguard University’s community has affirmed that he or she is willing to uphold the community standards. These standards may be found in the Student Handbook ( http://www.vanguard.edu/studentlife/student-handbook/), Staff Handbook, and Faculty Handbook. This policy does not serve to nullify the community standards, rather it is intended to protect and guide those affected by sexual misconduct and discrimination.

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 responding party 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.
In California, a minor (meaning a person under the age of 18 years) cannot consent to sexual activity. This means that sexual contact by an adult with a person younger than 18 years old is a crime, as well as a violation of this policy, even if the minor wanted to engage in the act.

Other Civil Rights Offenses, When the Act is Based Upon the Status of a Protected Class
Threatening or causing physical harm, extreme verbal abuse or other conduct which threatens or endangers the health or safety of any person on the basis of their actual or perceived membership in a protected class-
 Discrimination, defined as actions that deprive other members of the community of educational or employment access, benefits or opportunities on the basis of their actual or perceived membership in a protected class-
 Intimidation, defined as implied threats or acts that cause an unreasonable fear of harm in another on the basis of actual or perceived membership in a protected class 

Hazing, defined as acts likely to cause physical or psychological harm or social ostracism to any person within the University community, when related to the admission, initiation, pledging, joining, or any other group-affiliation activity (as defined further in the hazing policy) based on actual or perceived membership in a protected class; hazing is also illegal under California State law and prohibited by University policy 

·	Bullying, defined as repeated and/or severe aggressive behavior likely to intimidate or intentionally hurt, control or diminish another person, physically or mentally based on actual or perceived membership in a protected class 

·	Violence between those in an intimate relationship to each other based on actual or perceived membership in a protected class (this includes romantic relationships, dating, domestic’ and/or relationship violence) 

Stalking, defined as a course of conduct directed at a specific person based on actual or perceived membership in a protected class that is unwelcome and would cause a reasonable person to feel fear’ 

Any other University rules, when a violation is motivated by the actual or perceived membership of the victim based on sex or gender or in a protected class, may be pursued using this policy and process. 

Sanctions for the above-listed “Other Civil Rights Behaviors” behaviors range from reprimand up through and including expulsion (students) or termination of employment.

Retaliation

Retaliation is defined as any adverse action taken against a person participating in a protected activity because of their participation in that protected activity. Retaliation against an individual for alleging harassment, supporting a party bringing a grievance or for assisting in providing information relevant to a claim of harassment is a serious violation of University policy and will be treated as another possible instance of harassment or discrimination. Acts of alleged retaliation should be reported immediately to the Title IX Coordinator or to a member of the Equity Grievance Panel (see page 13) and will be promptly investigated. Vanguard is prepared to take appropriate steps to protect individuals who fear that they may be subjected to retaliation.

Remedial Action

Vanguard University will implement initial remedial and responsive and/or protective actions upon notice of alleged harassment, retaliation and/or discrimination. Such actions could include but are not limited to: no contact orders,

providing counseling and/or medial services, academic support, living arrangement adjustments, providing a campus escort, academic or work schedule and assignment accommodations, safety planning, referral to campus and community support resources.

Vanguard will take additional prompt remedial and/or disciplinary action with respect to any member of the community, guest or visitor who has been found to engage in harassing or discriminatory behavior or retaliation. Procedures for handling reported incidents are fully described below. Deliberately false and/or malicious accusations of harassment, as opposed to grievances which, even if erroneous, are made in good faith, are just as serious an offense as harassment and will be subject to appropriate disciplinary action.

Confidentiality and Reporting of Offenses under This Policy

Vanguard has decided to adopt a policy that defines all employees as mandatory reporters. If you learn about sexual harassment, discrimination or sexual assault, you are expected to promptly contact the campus Title IX Coordinator, Deputies or the Director of Human Resources. The Title IX Coordinator will take responsibility for informing appropriate university officials and activating the process. Other serious crimes covered by the Clery Act (defined in Attachment 1) must be reported to the Department of Campus Public Safety.

The Clery Act requires that CSA’s Campus Security Authorities report all Clery Act crimes to the Campus Public Safety office. The definition of “Campus Security Authority”, according the federal law, is as follows: “An official of an institution who has significant responsibility for student and campus activities, including, but not limited to, student housing, student discipline, and campus judicial proceedings.” For example, a dean of students who oversees student housing, a student center, or student extra-curricular activities, has significant responsibility for student and campus activities. Similarly, a director of athletics, team coach, and faculty advisor to a student group also have significant responsibility for student and campus activities. A single teaching faculty member is unlikely to have significant responsibility for student and campus activities, except when serving as an advisor to a student group. A physician in a campus health center or a counselor in a counseling center whose only responsibility is to provide care to students are unlikely to have significant responsibility for student and campus activities. Also, clerical staff is unlikely to have significant responsibility for student and campus activities.

When reporting sexual harassment or discrimination or sexual assault, the reporter may initially be able to omit personally identifiable information (the name of the complainant the name of the respondent and other identifying details about witnesses, location, etc.). The Title IX Coordinator, Deputies or Director of Human Resources will guide the reporter with regards to how much detail is needed in an initial report. Subsequent to an initial report, the Title IX Coordinator, Deputies or Director of Human Resources may need additional information in order to fulfill the university’s obligations under Title IX. In taking these subsequent actions, the university will always be guided by the goals of empowering the complainant and allowing the complainant to retain as much control over the process as possible, but no employee (other than counselors and health care providers) can or should promise confidentiality. Licensed counselors providing counseling services, health service providers and the Dean of Spiritual Formation are voluntary reporters, not mandated by law, but university policy creates an expectation to report non-personally identifiable information unless the reporter believes doing so would cause harm to the complainant. The following describes the three reporting options at Vanguard:

Confidential Reporting

If a reporting party would like the details of an incident to be kept confidential, the reporting party may speak with on campus counselors working in the university’s counseling center, the Dean of Spiritual Formation, the Employee Assistance Program (for employees), off-campus local rape crisis counselors, domestic violence resources, local or state assistance agencies who will maintain confidentiality except in extreme cases of immediacy of threat or danger or abuse of a minor. On campus resources are available free of charge and can be seen on an emergency basis during normal business hours. These individuals will submit anonymous statistical information for Clery Act purposes unless they believe it would be harmful to their client, patient or parishioner.

Private Reporting

Those seeking to report misconduct may seek advice from the Title IX Coordinator, Deputies or the Director of Human Resources to determine the appropriate response. If a reporting party is unsure of someone’s duties and ability to maintain privacy, ask them before talking to them. They will be able to explain and help a reporting party to make decisions about who is in the best position to help. If personally identifiable information is shared, it will be shared with as few people as possible and all efforts will be made to protect privacy to the greatest possible extent

Formal Reporting Options

Parties bringing a grievance are encouraged to speak to University officials, such as the Title IX Coordinator, Vice President for Student Life, or Campus Public Safety, to make formal reports of incidents of sexual misconduct. Parties bringing a grievance have the right, and can expect, to have grievances taken seriously by the University when formally reported, and to have those incidents investigated and properly resolved through these procedures. Formal reporting still affords privacy to the reporter, and only a small group of officials who need to know will be told. Information will be shared as necessary with investigators, witnesses and the responding party. The circle of people with this knowledge will be kept as tight as possible to preserve a party bringing a grievance’s rights and privacy. Additionally, safe and anonymous reports, which may or may not trigger an investigation based upon the information provided, can be made by victims and/or third parties either by phone or online, using the Lighthouse Services toll free number (855-636-0005) and/or website access (http://www.vanguard.edu/about/lighthouse). Confidential reporting is available 24 hours a day, 7 days a week for use by staff, faculty, and students.

Federal Timely Warning Obligations

Complainants of sexual misconduct should be aware that University administrators must issue timely warnings for incidents reported to them that pose a substantial threat of bodily harm or danger to members of the campus community. The University will make every effort to ensure that a complainant’s name and other identifying information is not disclosed, while still providing enough information for community members to make safety decisions considering the potential danger.

The issuing of timely warnings about Clery Act crimes which pose a serious or ongoing threat to students and employees. Institutions must provide timely warnings in a manner likely to reach all members of the campus community. Timely warnings are limited to those crimes an institution is required to report and include in its Annual Security Report (ASR). There are differences between what constitutes a timely warning and an emergency notification; however, both systems are in place to safeguard students and campus employees.

EQUITY GRIEVANCE PROCESS FOR RESOLVING GRIEVANCES OF HARASSMENT, SEXUAL MISCONDUCT AND OTHER FORMS OF DISCRIMINATION

Vanguard University will act on any formal or informal grievance or notice of violation of the policy on Equal Opportunity, Harassment and Nondiscrimination, that is received by the Title IX Coordinator, a member of the Equity Grievance Panel, or a member of the administration.

The procedures described below will apply to all grievances involving students, staff or faculty members. Redress and requests for responsive actions for grievances brought involving non-members of the community are also covered by these procedures.

Equity Grievance Panel (EGP)

Members of the EGP are announced in an annual distribution of this policy to campus, prospective students, their parents and prospective employees. The list of members and a description of the panel can be found at www.vanguard.edu/EGP. Members of the EGP are trained in all aspects of the grievance process, and can serve in any of the following roles, at the direction of the Title IX Coordinator:
•	To provide sensitive intake and initial counseling of grievances 
•	To serve in a mediation role in conflict resolution 
•	To investigate grievances 
•	To act as advisors to those involved in grievances 
•	To serve on hearing panels for grievances 
•	To serve on appeal panels for grievances 
·	

EGP members also recommend proactive policies, and serve in an educative role for the community. The President, in consultation with the Title IX Coordinator, appoints the panel, which reports to the Title IX Coordinator. EGP members receive annual training organized by the Title IX Coordinator including a review of University policies and procedures, so that they can provide accurate information to members of the community. All EGP members are required to attend this annual training.

The Equity Grievance Panel includes:
•	One Chair
•	One Administrative Hearing Officer who is an ex officio member and serves as Chair of grievance panel hearings for grievances involving student responding parties [Vice President for Student Life or designee] 
•	At least 1 member of the academic administration 
•	At least 3 members of the faculty 
•	At least 6 members of the staff
•	At least 1 representative from Athletics 

Panel members are usually appointed to three-year terms. Appointments to the EGP should be made with attention to representation of groups protected by the harassment and non-discrimination policy. Individuals who are interested in serving on the EGP are encouraged to contact the Title IX Coordinator

Filing a Grievance

Any member of the community, guest or visitor who believes that the policy on Equal Opportunity, Harassment and Nondiscrimination has been violated should contact the Title IX Coordinator or a member of the EGP. It is also possible for employees to notify a supervisor, or for students to notify an administrative advisor or faculty member, or any member of the community may contact Campus Public Safety. These individuals will in turn notify the Title IX Coordinator. The University website also includes a reporting form at www.vanguard.edu/EGPGrievanceForm which ma serve to initiate a grievance.

All employees receiving reports of a potential violation of University policy are expected to promptly contact the Title IX Coordinator, within 24 hours of becoming aware of a report or incident. All initial contacts will be treated with the maximum possible privacy: specific information on any grievances received by any party will be reported to the Title IX Coordinator, but, subject to the University’s obligation to redress violations, every effort will be made to maintain the privacy of those initiating a report of a grievance. In all cases, Vanguard will consider the party bringing a grievance with respect to how the grievance is pursued, but reserves the right, when necessary to protect the community, to investigate and pursue a resolution when an alleged victim chooses not to initiate or participate in a formal grievance.

Grievance Intake

Following receipt of notice or a grievance, the Title IX Coordinator will communicate the process to the complainant. Normally, within two (2) business days, an initial determination is made whether a policy violation may have occurred and/or whether conflict resolution might be appropriate. If the grievance does not appear to allege a policy violation or if conflict resolution is desired by the party bringing a grievance, and appears appropriate given the nature of the alleged behavior, then the grievance does not proceed to investigation.

A full investigation will necessarily be pursued if there is evidence of a pattern of misconduct or a perceived threat of further harm to the community or any of its members. The University aims to complete all investigations within a sixty (60) calendar day period, which can be extended as necessary for appropriate cause by the Title IX Coordinator with notice to the parties.

Investigation

If a party bringing a grievance wishes to pursue a formal grievance or if the University based on the alleged policy violation, wishes to pursue a formal grievance, then the Title IX Coordinator appoints EGP members to conduct the investigation, usually within two (2) business days of determining that a grievance should proceed. Investigation of grievances brought directly by those alleging harms should be completed expeditiously, normally within ten (10) business days of notice to the Title IX Coordinator. Investigation may take longer when initial grievances fail to provide direct firsthand information. The University may undertake a short delay (3-10 business days, to allow evidence collection) when criminal charges based on the same behaviors that invoke this process are being investigated. University action will not be altered or precluded on the grounds that civil or criminal charges involving the same incident have been filed or that charges have been dismissed or reduced. All investigations will be thorough, reliable and impartial, and will entail interviews with all relevant parties and witnesses, obtaining available evidence and identifying sources of expert information, if necessary.

Interim Remedies

If, in the judgment of the Title IX Coordinator, the safety or well-being of any member(s) of the campus community may be jeopardized by the presence on-campus of the accused individual or the ongoing activity of a student organization whose behavior is in question, the Title IX Coordinator (or designee) may provide interim remedies intended to address the short-term effects of harassment, discrimination and/or retaliation, i.e., to redress harm to the alleged victim and the community and to prevent further violations. These remedies may include referral to counseling and health services or to the Employee Assistance Program, education to the community, altering the housing situation of an accused student or resident employee (or the complainant, if desired), altering work arrangements for employees, providing campus escorts, implementing contact limitations between the parties, offering adjustments to academic deadlines, course schedules, etc.

The University may interim suspend a student, employee or organization pending the completion of EGP investigation and procedures. In all cases in which an interim suspension is imposed, the student, employee or student organization will be given the opportunity to meet with the Title IX Coordinator prior to such suspension being imposed, or as soon thereafter as reasonably possible, to show cause why the suspension should not be implemented. The Title IX Coordinator has sole discretion to implement or stay an interim suspension under the policy on Equal Opportunity, Harassment and Nondiscrimination, and to determine its conditions and duration. Violation of an interim suspension under this policy will be grounds for expulsion or termination.

During an interim suspension or administrative leave, a student or employee may be denied access to University housing and/or the University campus/facilities/events. As determined by the Title IX Coordinator or designee, this restriction includes classes and/or all other University activities or privileges for which the student might otherwise be eligible. At the discretion of the Title IX Coordinator or designee, alternative coursework options may be pursued to ensure as minimal an impact as possible on the accused student.

Grievance Resolution

During or upon the completion of investigation, the investigators will meet with the Title IX Coordinator. Based on that meeting, the Title IX Coordinator will decide on whether there is reasonable cause to proceed with the grievance. If the Title IX Coordinator decides that no policy violation has occurred or that the preponderance of evidence (i.e., whether it is more likely than not that the respondent committed each alleged violation) does not support a finding of a policy violation, then the process will end unless the party bringing a grievance requests that the Title IX Coordinator makes an extraordinary determination to re-open the investigation or to forward the matter for a hearing. This decision lies in the sole discretion of the Title IX Coordinator. If there is reasonable cause, the Title IX Coordinator will direct the investigation to continue, or if there is a preponderance of evidence of a violation, then the Title IX Coordinator may recommend conflict resolution, a resolution without a hearing or a formal hearing, based on the below criteria.

Conflict Resolution

Conflict resolution is often used for less serious, yet inappropriate, behaviors and is encouraged as an alternative to the formal hearing process to resolve conflicts. The Title IX Coordinator will determine if conflict resolution is appropriate, based on the willingness of the parties, the nature of the conduct at issue and the susceptibility of the conduct to conflict resolution. In a conflict resolution meeting, an EGP member will facilitate a dialogue with the parties to an effective resolution, if possible. Sanctions are not possible as the result of a conflict resolution process, though the parties may agree to appropriate remedies. The Title IX Coordinator will keep records of any resolution that is reached, and failure to abide by the accord can result in appropriate responsive actions.

Resolution Without a Hearing
Resolution without a hearing can be pursued for any behavior that falls within the policy on Equal Opportunity, Harassment and Nondiscrimination, at any time during the process. The Title IX Coordinator will provide written notification of a grievance to any member of the University community who is accused of an offense of harassment, discrimination, or retaliation. The Title IX Coordinator [together with the investigator(s)] will meet with the responding individual to explain the finding(s) of the investigation. Once informed, the responding party may choose to admit responsibility for all or part of the alleged policy violations at any point in the process. If so, the Title IX Coordinator will render a finding that the individual is in violation of University policy for the admitted conduct, and will normally proceed to convene a formal hearing on any remaining disputed violations. For admitted violations, the Chair of the EGP will recommend an appropriate sanction or responsive action. If the sanction/responsive action is accepted by both the party bringing a grievance and responding party, the Title IX Coordinator will implement it, and act promptly and effectively to remedy the effects of the admitted conduct upon the victim and the community. If either party rejects the sanction/responsive action, an EGP hearing will be held on the sanction/responsive action only, per the EGP procedures below, (except in the case of at-will employees for whom findings and responsive actions will be determined by the Director of Human Resources based on the results of the investigation).

Formal Hearing

For any grievances that are not appropriate for conflict resolution and which are not resolved without a hearing, the Title IX Coordinator will initiate a formal hearing or for employees for whom no hearing process is available, will refer his/her findings to the Director of Human Resources for implementation.

Formal EGP Procedure-Hearing Panels
The Title IX Coordinator will appoint a non-voting panel Chair (either one of the EGP co-chairs or the Administrative Hearing Officer, depending on whether the responding party is a faculty member, other employee, or student and three members of the EGP to the hearing panel, none of whom have been previously involved with the grievance. EGP members who served as investigators will be witnesses in the hearing of the grievance and therefore may not serve as hearing panel members. Hearing panels may include both faculty and non-faculty employees. The panel will meet at times determined by the Chair.

Notification of Charges

At least seven business days prior to the hearing, or as far in advance as is reasonably possible if an accelerated

hearing is scheduled with the consent of the parties; the EGP Co-chair will send a letter to the parties with the following information. Once mailed, emailed and/or received in-person, notice will be presumptively delivered. The letter will contain:
•	A description of the alleged violation(s), a description of the applicable procedures and a statement of the potential sanctions/responsive actions that could result.
•	The time, date and location of the hearing and a reminder that attendance is mandatory, superseding all other campus activities. If any party does not appear at the scheduled hearing, the hearing will be held in their absence. For compelling reasons, the Co-chair may reschedule the hearing. 
•	The parties may have the assistance of an EGP panel member, or other advisor at the hearing. Typically, advisors are members of the campus community, but the Title IX Coordinator may grant permission for an outside advisor upon request. The advisor may be a practicing attorney only if they are acting in the capacity of advisor and not legal counsel. The parties may have only one advisor present in the hearing room. The parties to the hearing are expected to ask and respond to questions on their own behalf, without representation by their advisor. The advisor may consult with the advisee quietly or in writing, or outside the hearing during breaks, but may not speak on behalf of the advisee to the panel. 
•	Hearings for possible violations that occur near or after the end of an academic term will be held immediately after the end of the term or during the summer, as needed, to meet the resolution timeline followed by the University and remain within the sixty (60) day goal for resolution. 

Hearing Procedures

EGP Hearings will be convened, usually within one to two weeks of the completion of the investigation, and will be conducted in private. The EGP has the authority to hear all collateral misconduct, meaning that it hears all allegations of discrimination, harassment and retaliation, but also may hear any additional alleged policy violations that have occurred in concert with the discrimination, harassment or retaliation, even though those collateral allegations may not specifically fall within EGP jurisdiction. Accordingly, investigations should be conducted with as wide a scope as necessary.

Participants will include the non-voting Chair, the three members of the panel, the investigator(s) who conducted the investigation on the grievance, the party bringing a grievance and responding party(ies) (or three organizational representatives in a case where an organization is charged), advisors to the parties and any called witnesses. The Chair will exchange the names of witnesses the University intends to call, all pertinent documentary evidence and any written findings from the investigators between the parties at least two business days prior to the hearing. In addition, the parties will be given a list of the names of each of the EGP panel members at least two business days in advance of the hearing. Should either (any) party object to any panelist, he/she must raise all objections, in writing, to the Chair immediately. Panel members will only be unseated if the Chair concludes that their bias precludes an impartial hearing of the grievance. Additionally, any panelist or Chair who feels he/she cannot make an objective determination must recuse himself or herself from the proceedings when notified of the identity of the parties and all witnesses in advance of the hearing.

The Chair, in consultation with the parties and investigators, may decide in advance of the hearing that certain witnesses do not need to be physically present if their testimony can be adequately summarized by the investigator(s) during the hearing. All parties will have ample opportunity to present facts and arguments in full and question all present witnesses during the hearing, though formal cross-examination is not used between the parties. If alternative questioning mechanisms are desired (screens, Skype, questions directed through the Chair, etc.), the parties should request them from the Chair at least two (2) business days prior to the hearing.

Once the procedures are explained and the participants are introduced, the investigator will present the report of the investigation first, and be subject to questioning by the parties and the EGP. The investigator(s) will be present during the entire hearing process, but will only be present during deliberations at the request of the Chair. The findings of the investigation are not binding on the panel, though any undisputed conclusions of the investigation report will not be revisited, except as necessary to determine sanctions/responsive actions. Once the investigator(s) is/are questioned, the EGP will permit questioning of and by the parties, and of any present witness. Questions may be directed through the panel at the discretion of the Chair.

Formal rules of evidence will not apply. Any evidence that the panel believes is relevant and credible may be considered, including history and pattern evidence. The Chair will address any evidentiary concerns prior to and/or during the hearing, may exclude irrelevant or immaterial evidence and may ask the panel to disregard evidence lacking in credibility The Chair will determine all questions of procedure and evidence. Anyone appearing at the hearing to provide information will respond to questions on his/her own behalf.

Unless the Chair determines it is appropriate, no one will present information or raise questions concerning: (1) incidents not directly related to the possible violation, unless they show a pattern, or (2) the sexual history of or the character of the complainant/party bringing a grievance.

There will be no observers in the hearing. The Chair may allow witnesses who have relevant information to appear at a portion of the hearing in order to respond to specific questions from the panel or the parties involved. The panel does not hear from character witnesses, but will accept up to two letters supporting the character of the individuals involved.

In hearings involving more than one responding individual or in which two parties bringing a grievance have accused the same individual of substantially similar conduct, the standard procedure will be to hear the grievances jointly; however, the Title IX Coordinator may permit the hearing pertinent to each responding party to be conducted separately. In joint hearings, separate determinations of responsibility will be made for each responding party. Proceedings are private. All persons present at any time during the hearing are expected to maintain the privacy of the proceedings, subject to University consequences for failure to do so. While the contents of the hearing are private, the parties have discretion to share their own experiences if they so choose, and should discuss doing so with their advisors. 

Hearings are recorded for purposes of review in the event of an appeal. EGP members, the parties and/or the persons who initiated the action and appropriate administrative officers of the University will be allowed to listen to the recording in a location determined by the Title IX Coordinator or designee. No person will be given or be allowed to make a copy of the recording without permission of the Title IX Coordinator. Persons given access to the recording will be required to sign an agreement confirming that they will protect the privacy of the information contained in the recording.

Decisions

The EGP will deliberate in closed session to determine whether the responding party is responsible or not responsible for the violation(s) in question. The panel will base its determination on a preponderance of the evidence (i.e., whether it is more likely than not that the responding individual committed each alleged violation). If an individual responding party or organization is found responsible by the majority of the panel, the panel will recommend appropriate sanctions to the Title IX Coordinator.

The Chair will prepare a written deliberation report and deliver it to the Title IX Coordinator, detailing the finding, how each member voted, the information cited by the panel in support of its recommendation and any information the hearing panel excluded from its consideration and why. The report should conclude with any recommended sanctions. This report should not exceed two (2) pages in length and must be submitted to the Title IX Coordinator within two (2) days of the end of deliberations.
•	The Title IX Coordinator will inform the responding individual and the party bringing a grievance of the final determination within 2-3 business days of the hearing, without significant time delay between notifications. Notification will be made in writing and may be delivered by one or more of the following methods: in person; mailed to the local or permanent address of the parties as indicated in official University records; or emailed to the parties’ University-issued email account. Once mailed, emailed and/or received in-person, notice will be presumptively delivered.

Sanctions

Sanctions or responsive actions will be determined by the EGP. Factors considered when determining a sanction/responsive action may include:
•	The nature, severity of, and circumstances surrounding the violation. 
•	An individual’s disciplinary history. 
•	Previous grievances or allegations involving similar conduct 
•	Any other information deemed relevant by the EGP
•	The need for sanctions/responsive actions to prevent the future recurrence of discrimination, harassment and/or retaliation. 
•	The need to remedy the effects of the discrimination, harassment and/or retaliation on the victim and the community. 

Student Sanctions
The following are the usual sanctions that may be imposed upon students or organizations singly or in combination:
•	Warning: A formal statement that the behavior was unacceptable and a warning that further infractions of any University policy, procedure or directive will result in more severe sanctions/responsive actions. 
•	Probation: A written reprimand for violation of the Code of Student Conduct, providing for more severe disciplinary sanctions if the student or organization is found in violation of any University policy, procedure or directive within a specified period. Terms of the probation will be specified and may include denial of specified social privileges, exclusion from co-curricular activities, non-contact orders and/or other measures deemed appropriate. 
•	Suspension: Termination of student status for a definite period not to exceed two years, and/or until specific criteria are met. Students who return from suspension are automatically placed on probation through the remainder of their tenure at University. This sanction will be noted as a Conduct Suspension on the student’s official transcript. 
•	Expulsion: Permanent termination of student status, revocation of rights to be on campus for any reason or attend University-sponsored events. This sanction will be noted as a Conduct Expulsion on the student’s official transcript. 
•	Withholding Diploma: The University may withhold a student's diploma for a specified period and/or deny a student participation in commencement activities if the student has a grievance pending, or as a sanction if the student is found responsible for an alleged violation. 
•	Revocation of Degree: The University reserves the right to revoke a degree awarded from the University for fraud, misrepresentation or other violation of University policies, procedures or directives in obtaining the degree, or for other serious violations committed by a student prior to graduation. 
•	Organizational Sanctions: Deactivation, de-recognition, loss of all privileges (including University registration), for a specified period.
•	Other Actions: In addition to or in place of the above sanctions, the University may assign any other sanctions as deemed appropriate. 

Employee Sanctions

Responsive actions for an employee who has engaged in harassment, discrimination and/or retaliation include warning, required counseling, demotion, suspension with pay, suspension without pay and termination.

Withdrawal or Resignation While Charges Pending

Students: The University does not permit a student to withdraw if that student has a grievance pending for violation of the policy on Equal Opportunity, Harassment and Nondiscrimination, or for charges under the Code of Student Conduct. Should a student decide to leave and not participate in the investigation and/or hearing, the process will nonetheless proceed in the student’s absence to a reasonable resolution and that student will not be permitted to return to University unless all sanctions have been satisfied.

Employees: Should an employee resign while charges are pending, the records of the Title IX Coordinator will reflect that status, as will University responses to any future inquiries regarding employment references for that individual. The Title IX Coordinator will act to promptly and effectively remedy the effects of the conduct upon the victim and the community.

Appeals

All requests for appeal considerations must be submitted in writing to the Title IX Coordinator within three (3) business days of the delivery of the written finding of the EGP.

A two-member panel of the EGP designated by the Title IX Coordinator who was not involved in the grievance previously will consider all appeal requests. Any party may appeal, but appeals are limited to the following:
•	A procedural error or omission occurred that significantly impacted the outcome of the hearing (e.g. substantiated bias, material deviation from established procedures, etc.). 

To consider new evidence, unknown or unavailable during the original hearing or investigation, that could substantially impact the original finding or sanction. A summary of this new evidence and its potential impact must be included.
The sanctions imposed are substantially disproportionate to the severity of the violation [or better: The sanctions fall outside the range of sanctions the University has designated for this offense]. 
·	

The appeals panel of the EGP will review the appeal request(s). The original finding and sanction/responsive actions will stand if the appeal is not timely or is not based on the grounds listed above, and such a decision is final. When any party requests an appeal, the other party (parties) will be notified and joined in the appeal. The party requesting appeal must show that the grounds for an appeal request have been met, and the other party or parties may show the grounds have not been met, or that additional grounds are met. The original finding and sanction are presumed to have been decided reasonably and appropriately.

Where the EGP appeals panel finds that at least one of the grounds is met, and proceeds, additional principles governing the hearing of appeals include the following:

Appeals decisions by the EGP panel are to be deferential to the original decision, making changes to the finding only where there is clear error and to the sanction/responsive action only if there is a compelling justification to do so.
Appeals are not intended to be full rehearing’s of the grievance. In most cases, appeals are confined to a review of the written documentation or record of the original hearing, and pertinent documentation regarding the grounds for appeal. 
Appeals granted based on new evidence should normally be remanded to the original hearing panel for reconsideration. Other appeals may be remanded at the discretion of the Title IX Coordinator or heard by the three-member panel of the EGP. 

Sanctions imposed are implemented immediately unless the Title IX Coordinator or designee stays their implementation in extraordinary circumstances, pending the outcome of the appeal. 
The Title IX Coordinator will normally, after conferring with the EGP appeals panel, render a written decision on the appeal to all parties within 2-3 business days from hearing of the appeal. All parties should be informed of whether the grounds for an appeal are accepted and the results of the appeal decision.
Once an appeal is decided, the outcome is final: further appeals are not permitted.

Failure to Complete Sanctions/Comply with Responsive Actions

All responding parties are expected to comply with conduct sanctions/responsive/corrective actions within the time frame specified by the Title IX Coordinator. Failure to follow through on conduct sanctions/responsive/corrective actions by the date specified, whether by refusal, neglect or any other reason, may result in additional sanctions/responsive/corrective actions and/or suspension, expulsion and/or termination from the University and may be noted on a student’s official transcript. A suspension will only be lifted when compliance is achieved to the satisfaction of the Title IX Coordinator.

Records
In implementing this policy, records of all grievances, resolutions, and hearings will be kept by the Title IX Coordinator indefinitely in the Title IX Coordinator database.

Statement of the Rights of a Party Bringing a Grievance

To be treated with respect by University officials.

•	To take advantage of campus support resources (such as Counseling Center, the Office of Spiritual Formation and University Health Center for students, or EAP services for employees). 
•	To experience a safe living, educational and work environment. 
•	To have an advisor during this process. 
•	To refuse to have an allegation resolved through conflict resolution procedure

To receive amnesty for minor student misconduct (such as alcohol or drug violations) that is:
•	To be free from retaliation 
•	To have grievances heard in substantial accordance with these procedures 
•	To full participation of the injured party in any EGP process whether the injured party is serving as the party bringing a grievance or the University is serving as party bringing a grievance. 
•	To be informed in writing of the outcome/resolution of the grievance, sanctions where permissible and the rationale for the outcome where permissible. 
•	Refer to law enforcement and have assistance. 
•	Housing and living accommodations. 
•	No contacts.

Statement of the Rights of the Responding Party

To be treated with respect by University officials:
•	To take advantage of campus support resources (such as Counseling & Psychological Services, the Spiritual Formation Office and University Health Center for students, or EAP services for employees)
•	To have an advisor during this process. 
•	To refuse to have an allegation resolved through conflict resolution procedures. 
•	To have grievances heard in substantial accordance with these procedures. 
•	To be informed of the outcome/resolution of the grievance and the rationale for the outcome, in writing. 

Crime Statistics

Although VUSC does not suffer a large amount of crime, crimes have occurred on or near the campus. The university collects and publishes crime statistics in accordance with the requirements of the Jeanne Clery Act. The statistics are reviewed and the report prepared by the Vice President for Business Finance and the Director of Campus Public Safety

The collection of statistics includes university personnel who have significant responsibility for student and campus activities including non-professional counselors, athletic directors, faculty advisors, team coaches, residence-life personnel, and other student affairs staff. The report is distributed via email to all university students and personnel, and a link is created on the university’s website to aid prospective students, parents, and employees to request a copy.
The following pages contain a list of crimes and disciplinary referrals that have been committed on or near the campus as reported to university officials for the past three years.

Criminal Offenses - On campus

Criminal Offenses - On-campus Student Housing Facilities

Criminal Offenses – Non-campus

Criminal Offenses - Public Property

Hate Crimes - On campus

Hate Crimes - On campus Student Housing Facilities

    

Hate Crimes – Non-campus

Hate Crimes - Public Property

VAWA Offenses - On Campus

VAWA Offenses - On-campus Student Housing Facilities

VAWA Offenses – Non-campus

VAWA Offenses - Public Property

Arrests - On campus

Arrests - On-campus Student Housing Facilities

                      Arrests – Non-campus

Arrests - Public Property

Disciplinary Actions - On Campus

Disciplinary Actions - On-campus Student Housing Facilities

Disciplinary Actions – Non-campus

Disciplinary Actions - Public Property

Unfounded Crimes

Emergency Response and Evacuation Procedures

The Campus Public Safety department has developed emergency response guides available to all members of the university on the Campus Public Safety Emergency Preparedness webpage. Staff can access the emergency response guides on the shared drive, under community folder, in the emergency preparedness file (S:\Community\Emergency Preparedness\Emergency Response Guides)

Building Evacuation Procedures:
•	The following building evacuation procedures when an alarm is sounded or campus officials give an evacuation order. 
•	Be aware of all the marked exits from your building and refer to the emergency evacuation procedures posted near the entrance/exits and elevators. 
•	The evacuation alarm is a loud horn, and is the only audible alarm system used on this campus. Every alarm should be treated as an emergency. 
•	To activate the building alarm system, break or remove the protective cover on one of the red fire alarm boxes located in the hallway, and pull the handle. 
•	When the building evacuation alarm is sounded or when you are ordered to leave, take your belongings and walk quickly to the nearest marked exit and calmly ask others to do the same. 

Assist the disabled with exiting the building and remember that elevators are reserved for their use. If elevators are not operating, assist the disabled to the nearest stairway and use the emergency sled. If the disable person is in a wheelchair and the elevator is not available, an able-bodied person should stay with the wheelchair user in the platform area of the stairwell while a second person notifies emergency personnel of the exact location of the wheelchair user.
•	Resident Assistants and/or campus officials will assist in evacuation of all building occupants. 

Outside, proceed to a clear area that is at least 150 feet away from the affected building. Keep walkways clear for emergency personnel and vehicles.
Proceed to your building’s evacuee staging area so that officials can verify all occupants are safe.
·	Do not return to a building until Campus Public Safety tell you to do so even if the alarm has ceased. 
·	
Missing Student Notification

When a member of the faculty, staff or students realizes that a student is missing they should follow the following procedure:
1.	Contact Campus Public Safety and report that the student might be missing.
2.	Campus Public Safety will then:
a)	Initiate an investigation to determine the validity of the missing person report.
b)	Contact the Director of Resident Life for on campus students to decide as to the status of the missing student.
3.	If the student is determined to be missing, Campus Public Safety will:
a)	Notify the individual identified by the missing student as their emergency contact within 24 hours of making the determination.
b)	If the missing student is under the age of 18 years of age, notify the parent(s)/guardian as contained in the records of the university within 24 hours of making the determination.
4.	Notify the Costa Mesa Police Department within 24 hours of making the determination.
5.	Notify the Vice President of Student Affairs who will initiate whatever action they deem appropriate under the circumstances in the best interest of the missing student.

Any instances of open flame or other burning in a place not intended to contain the burning or in an uncontrolled manner

Fire Safety System for Laguna Hall: Smoke Detector System Automatic Fire Suppression System

Fire Safety System for Huntington Hall: Smoke Detector and Automatic Fire Suppression System

Fire Safety System for Balboa Hall: Smoke Detector and Automatic Fire Suppression System

Fire Safety System for Newport Hall: Smoke Detector and Automatic Fire Suppression System

Fire Safety System for Catalina Hall: Smoke Detector and Automatic Fire Suppression System

Fire Safety System for Vanguard Center: Buildings- A, B and D Smoke Detector System

Building C- Smoke Detector and Automatic Fire Suppression System

Fire Drills for 2015:

Each student housing facility conducted two fire drills in 2014. The university schedules a fire drill for each building at the beginning of the Fall Semester and the Spring Semester.
Vanguard University’s policies and rules for electrical appliances, smoking and open flames in student housing facilities:
•	Student Handbook 2015-2016 
•	Fire Prevention Program 

Procedures for students housing evacuation:

The following building evacuation procedures when an alarm is sounded or campus officials give an evacuation order. 
Be aware of all the marked exits from your building and refer to the emergency evacuation procedures posted near the
entrance/exits and elevators.

The evacuation alarm is a loud horn, and is the only audible alarm system used on this campus. Every alarm should be treated as an emergency.

To activate the building alarm system, break or remove the protective cover on one of the red fire alarm boxes located in the hallway, and pull the handle.

When the building evacuation alarm is sounded or when you are ordered to leave, take your belongings and walk quickly to the nearest marked exit and calmly ask others to do the same.

Assist the disabled with exiting the building and remember that elevators are reserved for their use. If elevators are not operating, assist the disabled to the nearest stairway and use the emergency sled. If the disable person is in a wheelchair and the elevator is not available, an able-bodied person should stay with the wheelchair user in the platform area of the stairwell while a second person notifies emergency personnel of the exact location of the wheelchair user. Resident Assistants and/or campus officials will assist in evacuation of all building occupants.

Outside, proceed to a clear area that is at least 150 feet away from the affected building. Keep walkways clear for emergency personnel and vehicles.

Proceed to your building’s evacuee staging area so that officials can verify all occupants are safe. Do not return to a building until Campus Public Safety tell you to do so even if the alarm has ceased.

Policies for fire safety education and training programs for students, faculty and staff:

Student Handbook 2015-2016 

Vanguard University Fire Prevention Program 

A list of the titles of each person or organization to which individuals should report that a fire has occurred:

Campus Public Safety (714) 966-6799

Facility Services (714) 556-3610 ext.4600

Fire Log/Statistics for 2016
Vanguard University of Southern California
Vanguard University experienced no fires for 2016.

Fires - On-campus Student Housing Facilities

Unintentional Fires: Cooking-Smoking Materials-Open Flames-Electrical-Heating Equipment-Hazardous Products-Machinery/Industrial-Natural-Other.

Fire Log/Statistics for 2015
Vanguard University of Southern California
Vanguard University experienced no fires for 2015.

Fires - On-campus Student Housing Facilities

Unintentional Fires: Cooking-Smoking Materials-Open Flames-Electrical-Heating Equipment-Hazardous Products-Machinery/Industrial-Natural-Other.

Fire Log/Statistics for 2014
Vanguard University of Southern California
Vanguard University experienced no fires for 2014.

Fires - On-campus Student Housing Facilities

Unintentional Fires: Cooking-Smoking Materials-Open Flames-Electrical-Heating Equipment-Hazardous Products-Machinery/Industrial-Natural-Other.