DRUG AND ALCOHOL POLICY | PURPOSE
The primary intent of the Drug and Alcohol Policy is to be preventative and remedial. Faith International University provides readily available information about the physical and psychological dangers of drug and alcohol abuse in publications such as the Academic Catalog, Student Handbook, and Employee and Faculty Handbooks. In addition, institutional regulations about drugs and alcohol are addressed during orientation. The institution can, upon request, provide referrals for a student or employee struggling with or addicted to drugs or alcohol. The Drug Free Schools and Communities Act Amendment requires that “a description of the applicable legal sanctions under local, state, or federal law for the unlawful possession or distribution of illicit drugs and alcohol” be available.
Faith International University is committed to providing a drug-free campus and workplace environment. As an institution of higher education, the College recognizes the need to establish a drug and alcohol awareness program to educate faculty, staff and students about the dangers of drug and alcohol abuse. This policy is established as required by the Drug-Free Workplace Act of 1988 and the Drug-Free Schools and Communities Act of 1989.
STANDARDS OF CONDUCT | DRUG-FREE ZONE
The possession, sale, and/or use of any drug identified as a controlled substance or as illicit as defined under United States federal law is prohibited on the campus of the institution or at any off-campus function sponsored by the institution. Alcohol is prohibited on the campus—except for wine used for an approved worship service incorporating Holy Communion—but only with prior permission from the President or Executive Vice President. The institution administers the following Drug and Alcohol Policy in compliance with the Drug Free Schools and Communities Act Amendment of 1989 (Public Law 101-226):
- Unlawful possession, use, or distribution of illicit drugs or alcohol by students or school employees on school property or as part of any of its activities is specifically prohibited and is a violation of local, state, and federal laws. This includes the unlawful use and/or distribution of prescription drugs, and also the distribution or unlawful use of drugs listed under the current federal Controlled Substances Act (CSA). The institution will observe all local, State, and federal laws relating to drug and alcohol abuse, including referral to local authorities for arrest or prosecution. The courts will determine penalties for violations of these laws.
- Any student convicted, including a guilty plea or plea of nolo contendere, by a court of law of being under the influence of illicit drugs or of illicit possession or distribution of drugs, on- or off-campus, is sufficient cause for a minimum one-year suspension. Professional counseling during the suspension period may be required as a condition for future enrollment. A subsequent offense of the same nature during the suspension period is sufficient cause for termination of enrollment after due process.Likewise, any faculty or staff member found convicted by a court of law of being under the influence of illicit drugs or of illicit possession or distribution of drugs, on- or off-campus, is cause for immediate dismissal.
- Any student or employee arrested for unlawful use, possession, or distribution of illicit or prescription drugs or alcohol, on- or off-campus, may be placed on probation until resolution of any court proceeding. Upon conviction, including a guilty plea or plea of nolo contendere, Faith International University will observe the above-referenced provisions.
- Smoking or other use of tobacco products is not permitted anywhere on campus.
SANCTIONS | DISCIPLINARY ACTIONS
In addition to disciplinary sanctions imposed by the University, all students, faculty, and staff should be aware that federal, state, and some local laws treat illegal use, possession, sale, distribution, or manufacture of drugs or alcohol as serious crimes. Conviction can lead to imprisonment, fines, and assigned community service. Courts do not lift prison sentences in order to allow convicted persons to attend college or continue their jobs. Felony and certain other convictions can prevent you from entering many fields of employment or professions and may have to be listed on applications for employment or admission to graduate or professional schools. As regulated at Title 21, USC, Section 860: distribution, possession with the intent of distribution, or manufacture of a controlled substance in, or within 1,000 feet of the real property comprising Faith International University, is subject to additional penalties as defined in that code.
The following is a partial list of illicit drugs considered to be controlled substances by the State of Washington (RCW 69.50): Narcotics (opium and cocaine, and all drugs extracted, derived, or synthesized from opium and cocaine, including crack cocaine and heroin); methamphetamine; barbiturates; and hallucinogenic substances (LSD, peyote, mescaline, psilocybin, PCP, THC, MDA, STP).
- State Penalties for Illegal Sale of Controlled Substances
The illegal sale of any controlled substance is punishable by up to 5 years in prison, $10,000 fine, or both.
- State Penalties for Illegal Manufacture or Delivery of Controlled Substances
Narcotics: up to 10 years in prison, $25,000-$100,00 fine, or both. Non-narcotics: up to five years in prison, $10,000 fine, or both.
- State Penalties for Possession of Controlled Substances
Possession of any controlled substance is punishable by up to five years in prison, a $10,000 fine, or both. More severe penalties are provided for persons convicted of providing controlled substances to minors and for repeat offenses.
Civil penalties of up to $10,000 may also be imposed for possession of small amounts of controlled substances, whether or not criminal prosecution is pursued.
Note: While the institution recognizes that RCW 69.50 et seq. and RCW 69.51A et seq. are now state law, these state laws do not repeal or modify federal laws. (For a complete list of substances that fall under the federal CSA please visit the U.S. DOJ Diversion Control Division at https://www.deadiversion.usdoj.gov/21cfr/cfr/2108cfrt.htm.)
FEDERAL DRUG LAWS
The possession, use, or distribution of illegal drugs is prohibited by federal law. There are strict penalties for drug convictions, including mandatory prison terms for many offenses. The following information, although not complete, is an overview of federal penalties for first convictions. All penalties are doubled for any subsequent drug conviction.
- Denial of Federal Benefits
21 U.S.C. 862
A federal drug conviction may result in the loss of federal benefits, including school loans, grants, scholarships, contracts, and licenses. Federal drug trafficking convictions may result in denial of federal benefits for up to five years for a first conviction. Federal drug convictions for possession may result in denial of federal benefits for up to one year for a first conviction and up to five years for subsequent convictions.
- Forfeiture of Personal Property and Real Estate
21 U.S.C. 853
Any person convicted of a federal drug offense punishable by more than one year in prison shall forfeit to the United States any personal or real property related to the violation, including houses, cars, and other personal belongings. A warrant of seizure is issued and property is seized at the time an individual is arrested on charges that may result in forfeiture.
- Federal Drug Trafficking Penalties
21 U.S.C. 841
Penalties for federal drug trafficking convictions vary according to the quantity of the controlled substance involved in the transaction. The list below is a sample of the range and severity of federal penalties imposed for first convictions. Penalties for subsequent convictions are twice as severe.
If death or serious bodily injury results from the use of a controlled substance which has been illegally distributed, the person convicted on federal charges of distributing the substance faces a mandatory life sentence and fines ranging up to $8 million.
Persons convicted on federal charges of drug trafficking within 1,000 feet of a university (21 U.S.C. 845a) face penalties of prison terms and fines which are twice as high as the regular penalties for the offense, with a mandatory prison sentence of at least one year.
- Federal Drug Possession Penalties
Persons convicted on federal charges of possessing any controlled substance face penalties of up to one year in prison and a mandatory fine of no less than $1,000 up to a maximum of $100,000. Second convictions are punishable by not less than 15 days but not more than two years in prison and a minimum fine of $2,500. Subsequent convictions are punishable by not less than 90 days but not more than three years in prison and a minimum fine of $5,000.
DRUG-FREE AWARENESS | HEALTH RISK EDUCATION
DRUG FREE AWARENESS PROGRAM
All employees and students are informed that the college has established a Drug Free Awareness Program informing students and employees via institutional catalog and posted flyers on campus about:
- Our policy of maintaining a drug-free school;
- Any available drug counseling, rehabilitation, and student assistance programs; and
- The penalties that may be imposed upon students for drug above violations occurring on College property, as defined above.
POSSESSION, SALE AND/OR CONSUMPTION OF NON-PRESCRIPTION AND ILLEGAL DRUGS
No student may be in illegal possession of, deliver, dispense, distribute, administer, manufacture or wholesale any controlled substance, including marijuana, narcotics, hallucinogens, and other chemical analog or drug-related paraphernalia prohibited by State or Federal Drug Laws. (Federal law requires that students be informed that Federal and State laws prohibit possession and/or use of illicit drugs. Faith International University complies with Federal and State laws regarding illicit drugs. The College reserves the right to investigate any suspicious activity regarding nonprescription and illegal drugs. Investigation may include but is not limited to classroom and/or vehicle inspection, canine drug scan or drug screening in cases of strong suspicion of drug use. (Refusal to submit to these measures at time of request may be viewed as strong evidence, which may result in suspension.)
FAITH INTERNATIONAL UNIVERSITY has a “Zero-Tolerance” policy regarding the unlawful use, sale, possession or distribution of illegal drugs and alcohol on School property, or as part of any School activity. Misconduct violations relating to the Student, Faculty and/or Employee Codes of Conduct are subject to disciplinary actions. Consequences for inappropriate behavior can be severe, up to and including dismissal from the college. If any individual is apprehended for violating any alcohol or other drug related law while at a college location or activity, the college will fully cooperate with federal and state law enforcement agencies. The college abides by federal Drug-Free Workplace and Drug-Free Schools and Communities Act regulations regardless of individual state legalization.
The use of drugs and alcohol bring with it many dangers to an individual’s mental and physical health. Tolerance and the overall effect of a drug can vary greatly from person to person. Usage of drugs and alcohol can lead to abuse, addiction, serious health problems, or even death. Legal drugs (including prescription and over-the-counter drugs) can be just as dangerous as illegal drugs. The health risks may encompass several different symptoms, including heart disease, depression, and overall changes in behavior.
For more information on health risks, please see the health risk information from the U.S. Drug Enforcement Agency at (http://www.justice.gov/dea/druginfo/factsheets.shtml) and the Center for Disease Control (http://www.cdc.gov/alcohol/fact-sheets/alcohol-use.htm).
Drugs and/or alcohol use contribute to:
- 65% of all suicides
- 70% of all drowning deaths
- 83% of all fire deaths
- 50% of all motor vehicle accidents
- 70% of all homicides
The following are descriptions of dangerous drugs:
Alcohol is a potentially addictive drug of significant physical and psychological consequence. Alcohol is a central nervous system depressant that affects all neurological functions. At relatively low levels it affects one’s judgment and decision-making, and at higher levels it impairs the functioning of one’s vital organs and can result in a coma or death. Alcohol is an irritant to the gastrointestinal tract and moderate overindulgence ordinarily results in nausea, vomiting, and diarrhea. In addition to these significant physical consequences, there are several less obvious consequences to alcohol use. For example, the effects of alcohol on sleep have been well documented. Consuming several drinks before bedtime has been found to decrease the amount of REM (rapid eye movement) or dreaming sleep. The consequences of being deprived of REM sleep are impaired concentration and memory, as well as anxiety, tiredness, and irritability. Additionally, research has demonstrated that alcohol tends to decrease fear and increase the likelihood that an individual will accept risks. This lack of inhibition and judgment is a major contributor to the extraordinarily high percentage of serious accidents and accidental deaths related to alcohol use. Prolonged and excessive use of alcohol usually causes progressively more serious erosion of the gastrointestinal tract lining ranging from gastritis to ulcers and hemorrhage. Damage to the pancreas is frequent among those who have used alcohol. Interestingly, while 10% of the adult population is estimated to be addicted to beverage alcohol, (i.e., they are alcoholics), this 10% of the population comprises 35% of those hospital in-patients who receive major surgery in any given year. Alcoholism is the third major killer in the United States, second to heart disease and cancer, and acute alcohol intoxication is the second leading cause of death by poisoning.
Marijuana (Cannabis) (nicotina glauca) is an illegal drug that impairs memory, perception, judgment, and hand-eye coordination skills. The tar content in cannabis smoke is at least 50% higher than that of tobacco and thus smokers run the added risk of lung cancer, chronic bronchitis, and other lung diseases. Recently, the medical community has diagnosed the existence of an AA motivational syndrome that affects moderate to chronic users and includes symptoms of loss of energy, motivation, effectiveness, concentration, ability to carry out long-term plans, and performance in school and work.
LSD (Lysergic Acid Diethylamide) is a semi-synthetic drug regarded as a hallucinogenic. Short-term effects of this drug are generally felt within an hour of consumption and may last from two to 12 hours.
Physiologically the user experiences increased blood pressure, rise in body temperature, dilated pupils, rapid heartbeat, muscular weakness, trembling, nausea, chills, numbness, loss of interest in food, and hyperventilation. Fine motor skills and coordination are usually impaired, as are perception, thought, mood, and psychological processes. Long-term effects may include flashbacks, weeks and even months after taking the drug, mental illness, prolonged depression, anxiety, psychological dependence, and suicidal thoughts.
Opioids are a class of drugs that include the illegal drug heroin, synthetic opioids such as fentanyl, and pain relievers available legally by prescription, such as oxycodone (OxyContin®), hydrocodone (Vicodin®), codeine, morphine, and many others. All opioids are chemically related and interact with opioid receptors on nerve cells in the body and brain. Opioid pain relievers are generally safe when taken for a short time and as prescribed by a doctor, but because they produce euphoria in addition to pain relief, they can be misused (taken in a different way or in a larger quantity than prescribed, or taken without a doctor’s prescription). Regular use—even as prescribed by a doctor—can lead to dependence and, when misused, opioid pain relievers can lead to addiction, overdose incidents, and deaths.
PCP (Phencyclidine Hydrochloride) is a white crystalline powder that was originally used as a local anesthetic, but due to extreme side effects, was discontinued in 1967. In humans, PCP is a difficult drug to classify in that reactions may vary from stupor to euphoria and resemble the effects of a stimulant, depressant, anesthetic, or hallucinogen. Short-term effects include hyperventilation, increase in blood pressure and pulse rate, flushing and profuse sweating, general numbness of the extremities, and muscular in coordination. At higher doses, it causes nausea, vomiting, blurred vision, loss of balance, and disorientation. It produces profound alteration of sensation, mood and consciousness, and can cause psychotic states in many ways indistinguishable from schizophrenia. Large doses have been known to cause convulsions, permanent brain damage, and coma.
Psilocybin is a hallucinogenic drug occurring naturally in about 20 species of Mexican mushrooms and is also produced synthetically. It is a white powder made of fine crystals and distributed in tablet, capsule, or liquid form. Shortly after taking psilocybin, a user may experience increased blood pressure, rapid heartbeat, and an increase in body temperature, dry mouth, dilated pupils, and some degree of agitation or excitement. This is followed by a decrease in the ability to concentrate or stay in touch with reality. (Hallucinations, as well as altered perceptions of time and space, may occur.) The effects are usually shorter lasting than those of LSD, yet the dangers are very similar.
Cocaine is a naturally occurring stimulant drug which is extracted from the leaves of the cocoa plant. Cocaine is sold as a white translucent crystalline powder frequently cut to about half its strength by a variety of other ingredients including sugars and cleaning powders. It is one of the most powerfully addictive drugs in use today. Short-term effects of cocaine include constricted peripheral blood vessels, dilated pupils, increased heart rate and blood pressure. It also causes appetite suppression, pain indifference, possible vomiting, visual, auditory, and tactile hallucinations, and occasionally paranoia. Long-term effects include nasal congestion, collapse of nasal septum, restlessness, irritability, anxiety, and depression. Overdoses or chronic use may result in toxicity which includes symptoms of seizures followed by respiratory arrest, coma, cardiac arrest, and/or death.
Cocaine Free-Base or Crack is the result of converting street cocaine to a pure base by removing the hydrochloric salt in many of the “cutting” agents. The end result is not water soluble, and therefore, must be smoked. It is much more dangerous than cocaine because it reaches the brain in seconds, and the intensified dose results in a sudden and intense physical reaction. This response lasts a few minutes and is followed by deep depression, loss of appetite, difficulty in sleeping, feeling revulsion for self, and worries and obsessions about getting more crack. Consequently, users often increase the dose and frequency of use resulting in severe addiction that includes physical debilitation and financial ruin. Physiologically, seizures followed by respiratory arrest and coma or cardiac arrest and death may accompany long-term use.
Amphetamines are central nervous system stimulants that were once used medically to treat a variety of symptoms including depression and obesity. They may be taken orally, sniffed, or injected into the veins. Short-term effects disappear within a few hours and include reduction of appetite, increased breathing and heart rate, raised blood pressure, dilation of pupils, dry mouth, fever, sweating, headache, blurred vision and dizziness. Higher doses may cause flushing, rapid and irregular heartbeat, tremor, loss of coordination, and collapse. Death has occurred from ruptured blood vessels in the brain, heart failure, and very high fever. Psychological effects include increased alertness, postponement of fatigue, a false feeling of well-being, restlessness, excitability, and a feeling of power. Long-term effects include drug dependence and the risk of drug induced psychosis. Withdrawal includes extreme fatigue, irritability, strong hunger, and deep depression that may lead to suicide.
DRUG AND ALCOHOL COUNSELING
More information about alcohol and drugs and the risks they pose to health is available from the Campus Director at each campus. Outside counseling services and support groups are available.
PARENT NOTIFICATION FOR DRUG AND ALCOHOL VIOLATIONS
In accordance with the Higher Education Amendments of 1998 to the Family Educational Rights and Privacy Act (FERPA) of 1974, Faith International University has the right to notify the parent or legal guardian of a student who is under the age of 21 when the student has been found guilty through disciplinary channels of violating any school rule regarding alcohol or illegal drugs. Faith International University also reserves the right to notify parents at any time regarding matters of student discipline.
For a helpful, illustrated fact sheet about alcohol use and it’s effects, please review this worksheet.
COUNSELING, TREATMENT, RE-HABILITATION | RE-ENTRY OPTIONS
The school desires to assist any student to obtain pertinent information on drug abuse or to enter an appropriate, medically supervised treatment program. Violation of these standards by any student or employee will be reason for mandatory evaluation and/or treatment for a substance abuse disorder or for disciplinary action up to, and including, dismissal from school or termination of employment. The intent of this program and participation by the school is to be preventative and remedial. Students are subject to the school’s disciplinary action and referral to local authorities for violation of the school’s drug policy.
TREATMENT AND RECOVERY
One of the many health risks of regular substance use may include addiction. Students who feel they may have a problem with substance abuse are urged to seek support and assistance. School employees, students, and volunteers may call the Washington Recovery Help Line, which provides 24-hour help for substance abuse and related problems, and can be reached at 866-789-1511. The Washington Recovery Helpline (https://www.warecoveryhelpline.org/) website contains information about and links to recovery resources. Also, available online is a Directory of Certified Chemical Dependency Services in Washington State, published by the state Department of Social and Health Services.
Other treatment and rehabilitation programs for those dealing with substance abuse include, but are not limited to, the following:
- National Council on Alcoholism and Drug Dependence Hopeline (NCADD)
Telephone: 1-800-NCA-CALL (622-2255)
- Substance Abuse and Mental Health Services Administration (SAMHSA)
Telephone: 1-800-662-HELP (4357)
Treatment Finder: samhsa.gov/find-treatment
- National Institute on Alcohol Abuse and Alcoholism (NIAAA)
Telephone: 1-800-662-HELP (4357)
Treatment Finder: niaaa.nih.gov/alcohol-health/support-treatment
- National Institute on Drug Abuse (NIDA)
Telephone: 1-800-662-HELP (4357)
- Alcoholics Anonymous (AA)
To find an AA community near you: aa.org/pages/en_US/find-aa-resources
Telephone: 1-888-4AL-ANON (425-2666)
- Cocaine Anonymous
Additional referrals may be obtained by consulting the Office of the Vice President.
Upon completion of any court mandated treatment programs, or any University recommended treatment, and after any minimum suspension period, students may again be considered for enrollment by completing a Suspension Appeal form. The Suspension Appeal will go before the Appeal Committee and if approved, the student may re-enroll according to an appropriate Academic Plan.
Faith International University strives to provide a safe and secure environment for our students, faculty and staff. Campus safety is of the utmost importance to our school.
The Clery Act is an important law that governs institutions that receive financial aid. To learn more about the Clery Act, click here
For our Annual Security Report (ASR)/ Crime Statistics Report for 2017 to 2019: click here
For our 2018 to 2020 Crime Statistics Report: click here
For our 2016 to 2018 Crime Statistics Report: click here
For our 2015 to 2017 Crime Statistics Report: click here
For our 2014 to 2016 Crime Statistics Report: click here
For our 2017 to 2019 Campus Safety Report: click here
For our 2016 to 2018 Campus Safety Report: click here
For our 2015 to 2017 Campus Safety Report: click here
For our 2014 to 2016 Campus Safety Report: click here
VIOLENCE AGAINST WOMEN ACT (VAWA)
Purpose & Summary
Faith International University is committed to creating and maintaining a community where all individuals who participate in university programs and activities can work and learn together in an atmosphere free of harassment, exploitation or intimidation. The university prohibits sexual harassment and sexual violence. Such behavior violates both law and the university’s policy. The university will respond promptly and effectively to reports of sexual harassment and sexual violence and will take appropriate action to prevent, to correct, and when necessary, discipline behavior that constitutes sexual harassment and/or sexual violence, or otherwise violates the 2013 reauthorization of the Violence Against Women Act (hereinafter referred to as “VAWA Policy”).
SCOPE OF POLICY
The VAWA Policy applies to all FIU employees and students.
PROHIBITED ACTS AND DEFINITIONS
In compliance with the Violence Against Women Act (VAWA), the VAWA Policy prohibits sexual harassment, domestic violence, dating violence, sexual assault, stalking and other acts that as defined below:
SEXUAL HARASSMENT is defined as unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature. Sexual harassment is conduct that explicitly or implicitly affects a person’s employment or education or interferes with a person’s work or educational performance or creates an environment such that a reasonable person would find the conduct intimidating, hostile, or offensive. Sexual harassment includes sexual violence (see definition below). The College will respond to reports of any such conduct in accordance with the VAWA or other applicable Policy. Sexual harassment may include incidents between any members of the College community, including faculty, staff or other employees, students or third parties such as, but not limited to: vendors, contractors, and visitors. Sexual harassment may occur in hierarchical relationships, between peers, or between individuals of the same sex or opposite sex. To determine whether the reported conduct constitutes sexual harassment, consideration shall be given to the record of the conduct as a whole and to the totality of the circumstances, including the context in which the conduct occurred.
SEXUAL VIOLENCE is defined as physical sexual acts engaged without the consent of the other person or when the other person is unable to consent to the activity. Sexual violence includes sexual assault, rape, battery, and sexual coercion; domestic violence; dating violence; and stalking.
DOMESTIC VIOLENCE is defined as any felony or misdemeanor crime committed by a current or former spouse of the victim; person the victim has a child with; an individual who lives, or has lived, with the victim as a spouse, or a person similarly situated to a spouse; and any other person committing an act “against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction.
DATING VIOLENCE is defined as abuse committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim.
SEXUAL ASSAULT occurs when physical sexual activity is engaged without the consent of the other person or when the other person is unable to consent to the activity. The activity or conduct may include physical force, violence, threat, or intimidation, ignoring the objections of the other person, causing the other person’s intoxication or incapacitation through the use of drugs or alcohol, or taking advantage of the other person’s incapacitation (including voluntary intoxication).
FORCIBLE SEXUAL OFFENSE is defined as any sexual act directed against another person, forcibly and/or against that person’s will; or not forcibly or against the person’s will where the victim is incapable of giving consent.
NON-FORCIBLE SEXUAL OFFENSE is defined as unlawful, non-forcible sexual intercourse.
CONSENT IS INFORMED is an affirmative, unambiguous, and conscious decision by each participant to engage in mutually agreed-upon sexual activity. Consent is voluntary. It must be given without coercion, force, threats, or intimidation. Consent means positive cooperation in the act or expression of intent to engage in the act pursuant to an exercise of freewill. Consent is revocable. Consent to some form of sexual activity does not imply consent to other forms of sexual activity. Consent to sexual activity on one occasion is not consent to engage in sexual activity on another occasion. A current or previous dating or sexual relationship, by itself, is not sufficient to constitute consent. Even in the context of a relationship, there must be mutual consent to engage in sexual activity. Consent must be ongoing throughout a sexual encounter and can be revoked at any time. Once consent is withdrawn, the sexual activity must stop immediately. Consent cannot be given when a person is incapacitated. A person cannot consent if s/he is unconscious or coming in and out of consciousness. A person cannot consent if s/he is under the threat of violence, bodily injury or other forms of coercion. A person cannot consent if his/her understanding of the act is affected by a physical or mental impairment. For purposes of the Policy, the age of consent is the age consistent with Washington Law.
INCAPACITATION is defined as the physical and/or mental inability to make informed, rational judgments. States of incapacitation include, but are not limited to, unconsciousness, sleep, and blackouts. Where alcohol or drugs are involved, incapacitation is defined with respect to how the alcohol or other drugs consumed affects a person’s decision-making capacity, awareness of consequences, and ability to make fully informed judgments. Being intoxicated by drugs or alcohol does not diminish one’s responsibility to obtain consent. The factors to be considered when determining whether consent was given include whether the accused knew, or whether a reasonable person should have known, that the complainant was incapacitated.
STALKING is behavior in which a person repeatedly engages in conduct directed at a specific person that places that person in reasonable fear of his or her safety or the safety of others.
The VAWA Policy covers unwelcome conduct of a sexual nature. Consensual romantic relationships between members of the FIU community are subject to other FIU policies outlined in the Employee and/or Student Handbooks. While a consensual romantic relationship between members of the College community may begin or continue for some time without issue, as relationships change they may evolve into situations that lead to charges of sexual harassment or sexual violence.
GENDER IDENTITY, GENDER EXPRESSION, OR SEXUAL ORIENTATION DISCRIMINATION
Harassment that is not sexual in nature but is based on gender, gender identity, gender expression, sex or gender-stereotyping, or sexual orientation also is prohibited by FIU, as part of its Nondiscrimination Policy, if it denies or limits a person’s ability to participate in or benefit from College educational programs, employment, or services. While discrimination based on these factors may be distinguished from sexual harassment, these types of discrimination may contribute to the creation of a hostile work or academic environment. Thus, in determining whether a hostile environment due to sexual harassment exists, the University may take into account acts of discrimination based on gender, gender identity, gender expression, sex or gender-stereotyping or sexual orientation.
REPORTING SEXUAL HARASSMENT OR SEXUAL VIOLENCE
Any member of the FIU community may report conduct that may constitute a violation of VAWA, including sexual harassment or sexual violence, to any supervisor, manager, or the Title IX Officer. An individual who believes he or she has been subjected to sexual harassment or sexual violence may file a complaint or grievance pursuant to the applicable complaint resolution or grievance procedures as outlined in the Employee and/or Student Handbooks. Such complaint or grievance may be filed either instead of or may be filed either instead of, or in addition to, making a report of sexual harassment to the Title IX Officer. A complaint or grievance alleging sexual harassment or sexual violence must meet all the requirements under the applicable complaint resolution or grievance procedure, including time limits for filing. If the person to whom harassment normally would be reported is the individual accused of harassment, reports may be made to any manager, supervisor, or designated employee. Managers, supervisors, and designated employees are required to notify the Title IX Officer or other appropriate official designated to review and investigate sexual harassment complaints when a report is received.
Any manager, supervisor, or designated employee responsible for reporting or responding to sexual harassment or sexual violence who knew about the incident and took no action to stop it or failed to report the prohibited act may be subject to disciplinary action.
Reports of sexual harassment or sexual violence should be brought forward as soon as possible after the alleged conduct occurs. Prompt reporting will better enable FIU to respond, determine the issues, and provide an appropriate remedy and/ or action. All incidents should be reported even if a significant amount of time has passed. However, delaying a report may impede FIU’s ability to conduct an investigation and/or to take appropriate remedial actions.
An individual who has made a report of sexual harassment or sexual violence also may file a separate complaint or grievance alleging that the actions taken in response to the report of sexual harassment or sexual violence did not follow the VAWA Policy. Such a complaint or grievance may not be filed to address a disciplinary sanction imposed upon the accused. Any complaint or grievance regarding the resolution of a report of sexual harassment or sexual violence must be filed within EEOC time limits for filing a charge. The time period for filing begins on the date the individual was notified of the outcome of the sexual harassment or sexual violence investigation or other resolution process pursuant to the VAWA Policy, and/or of the actions taken by the administration in response to the report of sexual harassment or sexual violence, whichever is the latter.
RESPONSE TO REPORTS OF SEXUAL HARASSMENT OR SEXUAL VIOLENCE
The university will provide a written explanation of available rights and options, including procedures to follow, when the College receives a report that the student or employee has been a victim of domestic violence, dating violence, sexual assault, or stalking, whether the offense occurred on or off campus or in connection with any university program.
The Vice President of Student Services will issue a written statement of the findings of the investigation within fourteen (14) days of the completion of the investigation. The Findings Statement will be sent to the Complainant and Respondent via certified return receipt through the U.S. Postal System.
The Findings Statement will include a determination as to whether or not discrimination or harassment took place and any appropriate remedy or disciplinary actions up to and including termination of employment or expulsion from the university. Disciplinary actions shall be determined on a case-by-case basis. Discipline decisions that affect a student or students shall be made in accordance with the terms of the Student Code of Conduct found in the university’s catalog.
Upon a finding of sexual harassment or sexual violence, university may offer remedies to the individual or individuals harmed by the harassment and/or violence consistent with applicable complaint resolution and grievance procedures. Both the complainant and the alleged perpetrator will be notified, in writing, about the outcome of the complaint and any appeal.
The VAWA Policy prohibits retaliation against a person who reports sexual harassment, sexual violence or other types of harassment, or someone who assists another person with a VAWA complaint, or a person who participates in any manner in an investigation or resolution of a complain under the VAWA Policy. Retaliation includes threats, intimidation, reprisals, and/ or adverse actions related to employment or education.
FIU supports safe and positive options that may be carried out by an individual(s) to prevent harm or intervene when there is a risk of dating violence, domestic violence, sexual assault, or stalking.
FIU shall protect the privacy of individuals involved in a report of sexual harassment or sexual violence to the extent permitted by law and School policies. A report of sexual harassment or sexual violence may result in the gathering of extremely sensitive information about individuals in the School community. While such information is considered confidential, School policy regarding access to public records and disclosure of personal information may require disclosure of certain information concerning a report of sexual harassment or sexual violence. In such cases, every effort shall be made to redact the records in order to protect the privacy of individuals.
An individual who has made a report of sexual harassment or sexual violence may be advised of sanctions imposed against the accused when the individual needs to be aware of the sanction in order for it to be fully effective (such as restrictions on communication or contact with the individual who made the report). In addition, when the offense involves a crime of violence or a non-forcible sex offense, the Family Educational Rights and Privacy Act permits disclosure to the complainant the final results of a disciplinary proceeding against the alleged accused, regardless of whether the School concluded that a violation was committed. Information regarding disciplinary action taken against the accused shall not be disclosed without the accused’s consent, unless permitted by law as noted above, or unless it is necessary to ensure compliance with the action or the safety of individuals.
REQUEST FOR CONFIDENTIALITY
Confidential resources, outside/third party counseling sources are available for individuals who may be interested in bringing a report of sexual harassment or sexual violence with a safe place to discuss their concerns.
Individuals who consult with confidential resources shall be advised that their discussions in these settings are not considered reports of sexual harassment or sexual violence and that without additional action by the individual, the discussions will not result in any action by the School to resolve their concerns.
An individual’s requests regarding the confidentiality of reports of sexual harassment or sexual violence will be considered in determining an appropriate response; however, such requests will be considered in the dual contexts of the university’s legal obligation to ensure a working and learning environment free from sexual harassment and sexual violence and the due process rights of the accused to be informed of the allegations and their source. Some level of disclosure may be necessary to ensure a complete and fair investigation, although the university will comply with requests for confidentiality to the extent possible.
EMPLOYEE DISCIPLINARY ACTIONS FOR VIOLATIONS OF VAWA POLICY
FIU reserves the right to determine on case- by-case basis, with regard to proven or admitted violations of the VAWA Policy, disciplinary action to be taken with regard to any School employee.
Disciplinary action resulting from a determination that a violation of the VAWA policy occurred, may include but are not limited to: unpaid suspension from work, altered work schedule, training or education specific to the offense, and termination of employment without the opportunity to re-apply for future employment. FIU, and at its sole discretion, may also combine various disciplinary actions it deems appropriate for the violation finding.
The final decision for any disciplinary action taken will be made at the sole discretion of the School’s responsible officers and communicated by the Title IX Coordinator. This decision may not be appealed.
STUDENT DISCIPLINARY ACTIONS FOR VIOLATIONS OF VAWA POLICY
The School reserves the right to determine on case by case basis, with regard to proven or admitted violations of the VAWA Policy, disciplinary action to be taken with regard to any FIU student.
Disciplinary action resulting from a determination that a violation of the VWA policy occurred, may include but are not limited to: suspension from school, altered class schedule, training or education specific to the offense, community service requirements at a location determined by the school, and withdrawal from the school without the opportunity to re-enroll. FIU, at its sole discretion may also combine various disciplinary actions it deems appropriate for the violation finding. The final decision for any disciplinary action taken will be made at the sole discretion of the School’s responsible officers and communicated by the Title IX Coordinator. This decision may not be appealed.
ADDITIONAL ENFORCEMENT INFORMATION
The Federal Equal Employment Opportunity Commission (EEOC) investigates complaints of unlawful harassment, including sexual violence, in employment. The U.S. Department of Education Office for Civil Rights (OCR) investigates complaints of unlawful harassment and sexual violence by students in educational programs or activities. These agencies may serve as neutral fact finders and attempt to facilitate the voluntary resolution of disputes with the parties. For more information, contact the nearest office of the EEOC or OCR.
RESPONSIBLE TITLE IX OFFICER(S)
Title IX Administrator: John Wheeler, Vice President of Student Services, (253) 752-2020, ext. 120, [email protected].
FAITH INTERNATIONAL UNIVERSITY SEX OFFENSE PREVENTION
FIU is dedicated to the prevention of sexual assault, and promotes the awareness of rape, acquaintance rape, and other forcible and non-forcible sex offenses. For additional resources please visit loveisrespect.org to learn what is considered abuse, what to do if one finds themselves in an abusive relationship and how to create a personalized safety plan.. FIU communicates prevention annually to ts students, faculty, and staff via email and conducts annual Sexual Assault Prevention Training.
SEX OFFENDER REGISTRY
In accordance to the “Campus Sex Crimes Prevention Act” of 2000, which amends The Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act, the Jeanne Clery Act, and the Family Educational Rights and Privacy Act of 1974, the School Office of Campus Security is providing the following link:
- The “Campus Sex Crimes Prevention Act” requires sex offenders who are enrolled in or work at institutions of higher education to register with the state’s sex offender registration program. In turn, the state is obligated to notify the school’s law enforcement unit as soon as possible.
Information on criminal incidents and other campus emergencies that occur, either on or off campus, that, in the judgment of the School Campus Safety Authority constitutes an ongoing or continuing threat to the campus community, a campus wide “timely warning” will be issued. The information included in the warning may include but is not limited to the type of incident, the location of the incident, the date and time of the incident, and how the campus community should respond. Distribution will be made through email and written notifications placed strategically throughout campus. The warning will only be issued after it is determined that it will not compromise efforts to assist a victim or to contain, respond to or otherwise mitigate the emergency.
Faith International University & Seminary is committed to train students with the skills required for the persuasive communication of the Gospel through missional ministry in the contemporary world and to instill Christ-like attitudes that will assist them as they carry out the “Great Commission” in a culturally diverse world both locally and globally. This is accomplished through a curriculum that promotes academic learning coupled with the practical application of God’s Word.