STATEMENT ON HARASSMENT
STATEMENT OF TITLE IX POLICY AND PROCEDURES
Title IX of the Education Amendments of 1972 prohibits discrimination based on sex in educational
programs and activities that receive federal financial assistance. California Western School of Law
(CWSL) is committed to complying with Title IX and providing an educational, working and living
environment free from gender or sex discrimination and sexual misconduct.
CWSL seeks to ensure that no student, faculty or staff member is excluded from participation in or
denied the benefits of any school program or activity on the basis of sex. This includes all school
activities, including, without limitation, academic and campus life and all school programs.
CWSL’s policy is to provide an educational, employment, and business environment free of all forms
of sex discrimination, including but not limited to unwelcome sexual advances, requests for sexual
favors, and other verbal or physical conduct or communications constituting sexual harassment, as
defined in this policy and as otherwise prohibited by state and federal statutes. CWSL prohibits all
forms of sexual harassment, including acts of sexual assault and sexual misconduct, which is a form
of sex discrimination. This policy prohibits the sexual harassment of CWSL students, faculty, and
staff by non-CWSL employees and guests doing business or providing services on campus (e.g.,
contractors and vendors). This policy applies to all CWSL students, faculty, and staff, to other
members of the CWSL Community, and to contractors, consultants, vendors or anyone else doing
business or providing services to CWSL.
The Vice Dean for Academic Affairs serves as CWSL’s Title IX Coordinator and manages the school’s
compliance with Title IX. When a student, faculty or staff member, or other participant in the school’s
programs and activities feels that they have been subjected to discrimination on the basis of sex, they
may contact the Title IX Coordinator or utilize the Title IX Grievance Procedures to bring concerns
forward for the purpose of obtaining a prompt and equitable resolution.
Prohibitions against discrimination and harassment do not extend to statements and written materials
that are germane to the classroom or academic course of study. The Title IX Discrimination and
Harassment Policy is intended to define school standards and to outline the investigation and
grievance processes when those standards are violated. The full Title IX policy is currently being
finalized and will be available on the school’s website when it is completed.
STATEMENT OF SCHOOL HARASSMENT POLICY
CWSL strives to treat individuals with respect and dignity. Each person has the right to work and
learn in a professional atmosphere which promotes equal opportunity and is free from discriminatory
practices and harassment.
As a result, CWSL will not tolerate any form of harassment or other prohibited discrimination.
Harassment based on race, sex, national origin, ancestry, physical or mental disability, sexual
orientation, age, religion, or any other protected characteristic may be a violation of state and federal
law. Any person who engages in harassment, prohibited discrimination or any related inappropriate
conduct may be subject to personal liability, as well as discipline, suspension, termination, or
expulsion.
Harassment may take many forms including, but not limited to:

Verbal conduct, such as epithets, derogatory jokes, slurs, or comments.

Visual conduct, such as derogatory posters, cartoons, drawings, or gestures.

Physical conduct, such as assault, blocking normal movement, or interference with the
victim’s work or study.

Use of computers, including the Internet and e-mail, telephones, voice mail, texting or
other virtual media, to transmit, communicate, or receive threatening or derogatory
messages or material; or sexually-suggestive, pornographic, or sexually explicit pictures,
messages, or material.

Other inappropriate conduct.

Retaliation for reporting harassment, discrimination or related inappropriate conduct.
Harassment is unacceptable on campus, in school-sponsored activities, and in school-related social
events. Individuals who engage in any inappropriate behavior of this type are subject to disciplinary
action, up to and including CWSL-imposed discipline, suspension, termination or expulsion.
This policy is not intended to reach comments made during the course of classroom discussions that
constitute legitimate academic discourse.
STATEMENT ON SEXUAL HARASSMENT
Harassment, including sexual harassment of employees or students by supervisors, students, coworkers, vendors or other non-employees is prohibited. Sexual harassment includes unwelcome
sexual advances, requests for sexual favors, and other verbal, visual, or physical conduct of a sexual
nature. Such conduct is prohibited by CWSL when:

Submission to the conduct is made a term or condition of employment or a class;

Submission to, or rejection of, the conduct is used as the basis for an employment or
educational decision affecting an employee or student; or

The conduct has the purpose or effect of unreasonably interfering with an employee’s or
student’s performance or creating an intimidating, hostile, or offensive work or learning
environment.
Examples of inappropriate conduct that may constitute sexual harassment include, but are not limited
to: unwelcome sexual flirtations, advances, or propositions; verbal abuse of a sexual nature; subtle
pressure or requests for sexual favors; unwelcome touching; display of sexually suggestive objects or
pictures; sexually explicit or offensive jokes; or a physical assault. Stories, cartoons, nicknames and
comments of a sexual nature may also be offensive to others.
INDIVIDUALS COVERED UNDER THE POLICY
This policy covers students, employees, volunteers, independent contractors, and vendors. CWSL
will not tolerate, condone, or allow harassment, whether engaged in by students, employees,
volunteers, independent contractors, vendors or others who conduct business with CWSL. CWSL
requires reporting of all incidents of harassment, regardless of the offender’s identity.
I. REPORTING A COMPLAINT
CWSL encourages individuals who believe they have been subject to any harassing or inappropriate
conduct to clearly and promptly notify the offender that his/her behavior is unwelcome. At the same
time, CWSL recognizes that power and status disparities between an alleged harasser and a victim
may make this difficult. In the event such informal, direct communication between individuals is
ineffective or not feasible, the individual subject to the conduct, or anyone who is aware of the
conduct, should take the following steps to report inappropriate conduct.
A. Notify Appropriate School Officials
Anyone who believes s/he has been subject to harassing, inappropriate or retaliatory conduct, or
who observes or is aware of any such conduct, must promptly report it. The obligation to report
such conduct is not limited to someone who was the target. To report such conduct, notify one of
the School Officials below:
Assistant Dean for Student & Diversity Services
California Western School of Law
225 Cedar Street
San Diego, CA 92101
(619) 515-1575
Vice Dean for Academic Affairs
California Western School of Law
225 Cedar Street
San Diego, CA 92101
(619) 525-1409
Vice President of Human Resources
California Western School of Law
225 Cedar Street
San Diego, CA 92101
(619) 515-1593
B. Form and Content of Complaint
Complaints of harassment should be made in writing, signed by the complainant, and submitted
to one of the Officials listed above. The complaint should provide as much detail about the
objectionable behavior or conduct as possible. The complaint will be kept as confidential as
possible, but will need to be disclosed to some individuals, including the accused, in order to
properly investigate.
C. Investigation of Complaints
When a complaint is submitted, CWSL will promptly conduct an investigation and notify the
complainant and victim (if the complainant is not the victim) in writing of the preliminary findings
within twenty (20) business days of receipt of the complaint.
If the complaint is made in writing, the accused will receive a copy of the complaint. Unless the
matter is settled by the parties’ mutual consent or School Officials otherwise deem that a hearing
is not necessary, a hearing will be scheduled, if feasible no less than ten (10) nor more than thirty
(30) business days after the School has made its preliminary findings. The accused, victim, and
complainant (if different than the victim), will receive a copy of the results of the hearing within ten
(10) business days after the hearing.
D. Protection Against Retaliation
CWSL recognizes the seriousness of harassment. It will not permit retaliation by any member of
the CWSL community against an individual who makes a good faith report of harassment or who
participates in any harassment-related investigation or hearing. Retaliation or threat of retaliation
is itself a serious violation of this policy and should be reported immediately. Retaliation or
threatened retaliation is subject to the same disciplinary actions as harassment.
II. INVESTIGATING THE COMPLAINT
A. Confidentiality
The complainant’s identity and the allegations are typically revealed only to those who need to
know, including: the alleged target of harassment or retaliation (if different from the complainant);
the alleged harasser(s) or retaliator(s); any witnesses; and CWSL Officials responsible for
investigating and/or making decisions regarding the complaint. All persons contacted in the
course of an investigation should be advised that all parties involved in a charge are entitled to
respect. They should also be informed that retaliation or reprisal against an alleged target of
harassment or retaliation, a complainant, or anyone who has provided evidence in connection
with a complaint is a separate actionable offense. Confidentiality will be maintained throughout
the investigative process to the extent practical and appropriate under the circumstances.
B. Investigators
CWSL shall select person(s) to investigate complaints. The services of students, faculty, staff or
outside investigators may be used by the designated investigator(s).
C. Investigation Process
Investigator(s) will try to respect the complainant and the victim’s whishes (if the victim is not the
complainant), (“complainant/victim”). However, the investigator ultimately has the right to conduct
the investigation in the manner s/he chooses, and will keep the complainant reasonably informed as
to the status of the investigation.
Steps to be taken in the investigation may include, but are not limited to:
– Confirm name and position of the complainant/victim.
– Identify the accused.
– Obtain all relevant information about any incident(s). Questions should be asked in a nonjudgmental manner.
– Determine frequency/type of the alleged incident(s) and the dates and locations where they
are alleged to have occurred.
– Determine if there were witnesses who observed the incident(s).
– Determine if there are any documents or other records supporting the allegations.
– Ask the individual how s/he responded to the incident(s).
– Determine whether the alleged victim consulted anyone else about the alleged incident(s)
and take note of who else knows and their response to the disclosure.
– Develop a thorough understanding of the professional relationship, degree of control, and amount
of interaction between the alleged harasser and complainant/victim (e.g., was the accused the
alleged victim’s professor or supervisor? If the complainant/victim is a student and also had an oncampus or school-related job, did the accused control compensation, terms of employment, grades
or promotions? Do these individuals work in close proximity to one another and/or on the same
projects or school organizations?).
– Determine whether the accused harasser has made and/or carried out any threats or
promises directed at the complainant/victim.
– Inquire whether there are other similar incidents involving the accused.
– Determine whether the complainant/victim has informed a supervisor, faculty member, or other
school official of the situation. What response, if any, did complainant/victim receive from these
individuals?
– Ask complainant/victim what action s/he would like CWSL to take.
– Collect and review any documents or records related to the allegations.
– Interview the accused and any witnesses.
– Remind all parties, includes the accused, of the School’s policy against retaliation.
Failure to cooperate with a CWSL-sponsored investigation of a harassment charge may itself lead
to sanctions.
III. RESOLVING THE COMPLAINT
A. Mutual consent
After investigation, CWSL may attempt to resolve the matter by the parties’ mutual consent. If the
matter is not so resolved, CWSL will communicate its preliminary findings and intended actions to
the complainant/victim and alleged harasser.
B. Inappropriate conduct not probable or provable
If CWSL finds that it is not probable that inappropriate conduct occurred, CWSL shall notify the
complainant/victim and the accused. A record of the complaint and the finding will be kept in the
parties’ files in a manner consistent with the retention of other student or employment records.
If CWSL cannot determine whether any inappropriate conduct occurred, CWSL shall notify both
the alleged victim and the alleged harasser. A record of the complaint and the investigation will
be kept in the parties’ files in a manner consistent with the retention of other student or
employment records.
C. Inappropriate conduct probable
If CWSL finds that it is probable that inappropriate conduct occurred, the matter may either be
referred to the appropriate Committee for hearing or at CWSL’s discretion, resolved without a
hearing. In the latter case, the alleged victim will be notified of the outcome of the complaint.
1. Appropriate Hearing Committee
If the accused is a student, the hearing will be conducted by the Professional Responsibility
Committee (PRC) which oversees the Code of Student Professional Conduct (Honor Code).
If the accused is a faculty member, a panel consisting of three members of the Faculty
Executive Committee (FEC) appointed by the FEC chair will conduct the hearing. If the
accused is any other employee or independent contractor, the hearing will be conducted by
the Human Resources Department.
2. Proceedings and Record Keeping
All proceedings of these Committees will be closed to the public, except by consent of all
parties and the Chair of the Committee. Before making a decision, the Committee will
conduct a review of the pertinent information introduced as evidence at the hearing. The
Committee may seek additional evidence as needed. A record of the matter will then be kept
in the alleged victim’s and accused’s files in the same manner as other student or
employment records.
3. Sanctions
Individuals found to have engaged in inappropriate conduct will be subject to disciplinary
action, up to and including discharge or expulsion. Sanctions will be determined by the
appropriate Committee in consultation with the Vice Dean. In addressing incidents of such
conduct, CWSL’s response, at a minimum, will include reprimanding the offender and
preparing a written record. Additionally, CWSL may take additional actions, including, but not
limited to: referral to counseling, temporary suspension or expulsion from CWSL, or
termination of employment. All student sanctions will be in compliance with the Honor Code.
Although CWSL’s ability to discipline a non-student or non-employee may be limited, any
employee, faculty member or student who believes that they have been subjected to
inappropriate conduct is encouraged to file a complaint.
D. False Accusations
If an investigation results in a finding that the complainant has knowingly falsely made a false
accusation, the complainant will be subject to appropriate sanctions, up to and including
expulsion or termination.
E. Appeals Process
If either party directly involved in an investigation under this policy is dissatisfied with the outcome
or resolution, that individual has the right to appeal the decision. The dissatisfied party must
submit his/her written appeal to the Dean within two weeks after communication of the Review
Committee’s decision to him/her, unless substantial new evidence, not reasonably available at the
time of the hearing, is the basis of the appeal. If the appeal is based on new evidence, the Dean
may request that the appropriate Committee hold a new hearing upon a finding that (1) the
evidence was not reasonably available to the party at the time of the hearing and (2) the new
evidence would be likely to materially affect the outcome of the hearing.
If the Dean reverses the decision of the Review Committee on the grounds of procedural error,
the Committee shall conduct a new hearing on the matter.
If the Dean reverses on the grounds of substantive error, that ruling will normally be made on the
basis of the hearing record, except in cases of new evidence not reasonably available at the time
of the hearing. In cases of substantive error, the Dean may request that a new hearing be
conducted. If the Dean reverses a finding of no inappropriate conduct, but does not request a
new hearing, s/he shall direct the Review Committee, in consultation with the Vice Dean, to
determine appropriate sanctions. The new sanctions will be appealable to the Dean.
The Dean’s decisions, including the grounds therefore, will be communicated in writing to the
parties and to the Chair of the Review Committee.
MAINTAINING A WRITTEN RECORD OF THE COMPLAINT
CWSL will maintain a written record of each complaint and how it was investigated and resolved.
Written records will be maintained in the Vice Dean’s office and/or the Human Resources office for as
long as the School maintains records for the involved employees or students.
Effective Date: The CWSL Harassment Policy as updated shall be effective as of April 2014.