» Sexual Misconduct, Sex-Based/Gender Discrimination, and Title IX

Chapman University is deeply committed to creating and sustaining an educational environment that is conducive to learning and scholarship and supportive of students and employees. Part of this commitment is fostering a campus free of sexual harassment and discrimination as well as other forms of sexual misconduct.

Information about Sexual Misconduct

Sexual Misconduct and Sex-Based/Gender discrimination can take many forms, including sexual harassment, rape, sexual assault, sexual battery, domestic or dating violence, interpersonal violence, stalking, sexual exploitation, or other forms of sex-based or gender harassment or discrimination. These types of conduct are prohibited by the Student Conduct Code, Chapman University’s Harassment and Discrimination Policy, and by law.

University Policies Regarding Harassment, Discrimination, and Sexual Misconduct

The University maintains policies and procedures to clearly outline expectations for our campus community as well as resources available to members of the community. Please review this information below:

View the University’s Harassment and Discrimination Policy

View the Sexual Misconduct Policy (Appendix 5 of the Student Conduct Code)

Title IX Information Brochure

For more information about University policies and procedures for Title IX investigations, please click here. There are also FAQs for general audiences, complainants, respondents, and witnesses about the process as well as FAQs about hearings and appeals.

Gender-Inclusive Policies

Chapman University strives to create an educational environment that is welcoming and affirming to all gender identities, expressions, and sexual orientations. Please review gender-inclusive policies here.

Reporting Sexual Misconduct and Sex-Based/Gender Discrimination or Harassment

To report an incident or file a grievance regarding a University department, employee, or student, there are many places you can start.

The individuals listed in the sections below are people on campus who work with community concerns, including those related to sex or gender discrimination. They are available to talk if you have a concern you want to share, have questions about the Title IX investigative or adjudicative processes, or want to make a complaint or report an incident.

+ - Student-to-Student Concerns

Chapman Title IX Coordinators:

Matters concerning students*

DeAnn Yocum Gaffney, Ed.D., Associate Vice Chancellor for Student Affairs and Senior Associate Dean of Students
Lead Title IX Coordinator
Argyros Forum 101
gaffney@chapman.edu
(714) 997-6721

Chris Toutain, Program Coordinator for Student Conduct
Argyros Forum 303
toutain@chapman.edu
(714) 532-6039

Kristen EntringerProgram Coordinator for Student Conduct
Davis Community Center, 2nd Floor
entringe@chapman.edu
(714) 532-6056

Other Reporting Options:

Public Safety Department - (714) 997-6763 
Available 24 hours 7 days a week

Dean of Students Office - (714) 997-672

Office of Human Resources - (714) 997-6686 
Available 8 a.m.-5 p.m.  M-F

Resident Director

Resident Advisor

* Generally, the University designates that Title IX matters concerning students be addressed and investigated by student affairs professionals and those concerning faculty/staff matters be addressed and investigated by human resources professionals.  However, individuals may discuss Title IX concerns with any of the coordinators listed above – depending on with whom they would feel most comfortable.

Any one of these individuals can help get you to the appropriate person to handle your specific concern. However, incidents involving gender discrimination or sexual misconduct in education programs – including rape, sexual harassment, and sexual assault – have specific regulations prescribed by Title IX of the Education Amendments of 1972 (“Title IX”).

While incidents of sexual misconduct, sexual harassment, and sexual assault still can be reported to any of the persons or departments mentioned above, please note that Title IX regulations require that these reports then be referred to one of Chapman’s designated Title IX Coordinators for investigation or you may make a report directly to a Title IX Coordinator.

While it is not required, it is suggested that you complete the Chapman University Complaint Form as it will assist the University in handling your concerns more efficiently. Should you prefer to submit an anonymous report form, you may do so here.

Note: As required by the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (20 USC § 1092(f)), the incidents included in an anonymous report will be reported by Public Safety in its annual report of campus crime statistics, as well as in their weekly crime and communication log.  It is important to note that the weekly crime log is published in the Panther Newspaper (as is required by the Clery Act).  When circumstances warrant, the Clery Act also requires timely warning to the campus community through crime alert bulletins.  These are distributed throughout the campus, sent out via email, and posted on the department web site.  Depending on the information included in an anonymous report, a timely warning to the campus community about the incident may be appropriate.  Additionally, anonymous reports must also be forwarded to a Title IX coordinator for investigation; the coordinator will reference the report in determining the scope of the investigation based on the information contained in it. Depending on the circumstances described in the report, maintaining the anonymity of the reporter may not always be possible.


+ - Student and Faculty/Staff Concerns

Chapman Title IX Coordinators:

Matters concerning faculty/staff*

Misha MartinezEqual Opportunity and Diversity Officer
Title IX Deputy Coordinator
DeMille Hall room 103
mismarti@chapman.edu@chapman.edu
(714) 997-6847

Other Reporting Options:

Public Safety Department - (714) 997-6763 
Available 24 hours 7 days a week

Dean of Students Office - (714) 997-672

Office of Human Resources - (714) 997-6686 
Available 8 a.m.-5 p.m.  M-F

Resident Director

Resident Advisor

* Generally, the University designates that Title IX matters concerning students be addressed and investigated by student affairs professionals and those concerning faculty/staff matters be addressed and investigated by human resources professionals.  However, individuals may discuss Title IX concerns with any of the coordinators listed above – depending on with whom they would feel most comfortable.

Any one of these individuals can help get you to the appropriate person to handle your specific concern. However, incidents involving gender discrimination or sexual misconduct in education programs – including rape, sexual harassment, and sexual assault – have specific regulations prescribed by Title IX of the Education Amendments of 1972 (“Title IX”).

While incidents of sexual misconduct, sexual harassment, and sexual assault still can be reported to any of the persons or departments mentioned above, please note that Title IX regulations require that these reports then be referred to one of Chapman’s designated Title IX Coordinators for investigation or you may make a report directly to a Title IX Coordinator.

While it is not required, it is suggested that you complete the Chapman University Complaint Form as it will assist the University in handling your concerns more efficiently. Should you prefer to submit an anonymous report form, you may do so here.

Note: As required by the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (20 USC § 1092(f)), the incidents included in an anonymous report will be reported by Public Safety in its annual report of campus crime statistics, as well as in their weekly crime and communication log.  It is important to note that the weekly crime log is published in the Panther Newspaper (as is required by the Clery Act).  When circumstances warrant, the Clery Act also requires timely warning to the campus community through crime alert bulletins.  These are distributed throughout the campus, sent out via email, and posted on the department web site.  Depending on the information included in an anonymous report, a timely warning to the campus community about the incident may be appropriate.  Additionally, anonymous reports must also be forwarded to a Title IX coordinator for investigation; the coordinator will reference the report in determining the scope of the investigation based on the information contained in it. Depending on the circumstances described in the report, maintaining the anonymity of the reporter may not always be possible.

+ - Off-Campus Reporting Options

In addition to the Chapman University reporting options, you may also provide reports of concerning behavior to local police. The following phone numbers are for the various police departments in Orange and the surrounding area (please note that the numbers listed are NON-emergency numbers).

  • Orange Police Department
    • (714) 744-7444
  • Anaheim Police Department
    • (714) 765-1900
  • Irvine Police Department
    • (949) 724-6000
  • Santa Ana Police Department
    • (714) 245-8665
  • Orange County Sheriff’s Department (Villa Park, North Tustin)
    • (714) 647-7000

Support Resources

In addition to reporting opportunities, there are resources you can reach out to for additional support and information. Please see below for confidential resources on Chapman's campus as well as off-campus informational resources.

+ - On-Campus Confidential Support Resources

The individuals and offices listed below are those you can speak with on campus and off campus who have a professional requirement to maintain the confidentiality* of your conversation. They are good resources if you need someone to talk to, but do not want to provide information in a formal or reportable way.

  • Student Psychological Counseling Services
    • During business hours: (714) 997-6778
    • After hours, emergency support may be reached through Public Safety or Residence Life staff
  • Dani Smith, Ed.D., Chapman University Sexual Assault/Rape Crisis Counselor
  • Chapman Sexual Assault Information Line
    • (714) 744-7000
  • Reverend Gail Stearns, Ph.D., Dean of Chapel
    • (714) 628-7289
  • Reverend Nancy Brink, Director of Church Relations
    • (714) 997-6760
  • Frances Smith Center for Individual & Family Therapy
    • (714) 997-6746

*While the individual listed above to have professionally required confidentiality, there are certain, specific situations in which they are not able to maintain information confidentially. Those situations are: (1) if you may be a danger to yourself or others, (2) you have knowledge about any minor or elder currently being subjected to abuse or neglect – including intentional access to unlawful sexual images, or (3) if the information is subpoenaed for court proceedings.

+ - Off-Campus Informational Resources

These off-campus resources provide trained crisis response hotlines, support for individuals who have experienced sexual or domestic violence and advocacy services.

·         Community Services Programs 24-hr. crisis hotline

o   (714) 957-2737

o   North Orange County Office: (714) 834-4317

o   https://www.cspinc.org/Sexual%20Assault

·         Sexual Assault National Crisis Hotline: RAINN

o   (800) 656-4673

o   https://www.rainn.org/

·         Rape Treatment Center – Santa Monica, UCLA Medical Center

o   (310) 319-4000

o   http://rapetreatmentcenter.org/

·         Peace Over Violence 24-hr. hotlines

o   (310) 392-8381

o   (213) 626-3393

o   (626) 793-3385

o   http://www.peaceoverviolence.org/

·         Orange County Family Justice Center

o   (714) 765-1645

o   http://www.anaheimfamilyjusticecenter.org/index.php

·         Laura’s House: Ending the Silence of Domestic Violence

o   (866) 498-1511

o   https://www.laurashouse.org/

Information about local legal aid may be found at:

·         Chapman University’s Fowler Law School: Bette and Wylie Aitken Family Protection Clinic

o   http://www.chapman.edu/law/legal-clinics/family-protection.aspx

·         Legal Aid Society of Orange County & Community Legal Services of Southeast Los Angeles County

o   (800) 834-5001

o   http://www.legal-aid.com/

·         Orange County Bar Association

o   (949) 440-6700

o   http://www.ocbar.org/

Policy Overview

Appendix Five of the Student Conduct Code offers in-depth information about the definition of consent as well as all sexual misconduct policies. Please review some highlights from the policy below.

+ - Title IX

Title IX refers to the following federal regulation:

No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.

20 U.S.C. § 1681, et seq.

The Title IX Coordinators are responsible for coordinating the University’s compliance with and responsibilities under Title IX. Major duties include, but are not limited to:

  • Being available to meet with individuals who believe sexual misconduct (including rape, assault, and harassment) has occurred. 
  • Ensuring that reports and complaints are handled in accordance with established practices and standards
  • Personally investigating the incident or overseeing the investigation.

+ - Consent Definition

Understanding consent is a key to preventing incidents of sexual misconduct.  

  • Consent – means an affirmative, conscious, voluntary agreement by all participants to engage in sexual activity, communicated through mutually understandable words and/or actions. Affirmative consent must be continuously present throughout an interaction, for all sexual activities, and may be modified, withdrawn or revoked at any time. It is the responsibility of each person involved in the activity to ensure that affirmative consent has been obtained from the other or others to engage in sexual activity.
  • The existence of a dating relationship between the persons involved, or the fact of past sexual relations between them, can never by itself be assumed to be an indicator of consent. 
  • Past consent does not constitute present consent.
  • Equal partners requires individuals who have the capacity to consent.
  • Consent cannot be any of the following:
    • Inferred from silence, the absence of a "no," or lack of protest or resistance.
    • Obtained from a person who is asleep or otherwise mentally or physically incapacitated and this condition was known or reasonably should have been known by the other individual(s) involved in the designated incident.
    • Obtained from a person who is incapacitated by intoxicants such as alcohol, drugs or medication, and this condition was known or reasonably should have been known by the other individual(s) involved in the designated incident. 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 the sexual interaction). Note: a person may still be conscious, but lack the capacity to consent to a sexual act(s).
    • Obtained by threat or force.
    • Obtained through coercion. Coercion is the use of an unreasonable amount of pressure to gain sexual access. Coercion is more than an effort to persuade, entice, or attract another person to engage in sexual contact. When a person makes clear that they do not want to participate in a particular form or sexual contact, that they want to stop, or that they do not want to go beyond a certain sexual interaction, continued pressure can be coercive. In evaluating whether coercion was used, the University will consider: (i) the frequency of the application of the pressure, (ii) the intensity of the pressure, (iii) the degree of isolation of the person being pressured, (iv) the duration of the pressure, and (v) the relative positions within the University community of those involved. 

It shall not be a valid excuse to alleged lack of affirmative consent that the respondent believed that the complainant consented to the sexual activity under either of the following circumstances:

  • The respondent’s belief in affirmative consent arose from the intoxication or recklessness of the respondent;
  • The respondent did not take reasonable steps, in the circumstances known to the respondent at the time, to ascertain whether the complainant affirmatively consented. 

Meaning, the intoxication of the respondent does not diminish responsibility to obtain consent. One’s own level of intoxication will not serve as a defense of that individual’s failure to reasonably assess consent or incapacitation in another.

It is also important to note that lack of intent is not an acceptable defense for violating the sexual misconduct policy. For instance, it is no defense to a report of sexual harassment that the respondent did not intend to harass.


View for more information on sexual misconduct policies (Appendix 5 of the Student Conduct Code)

+ - Confidentiality

The University will make every reasonable effort possible to preserve an individual’s privacy and protect the confidentiality of information that it receives in connection with a report of sexual misconduct. All individuals receiving a report understand the desire to keep the information confidential. Although our goal is to limit the number of individuals who may learn about any report or grievance, we cannot guarantee confidentiality and maintaining it is not always possible (except as discussed below). The University will treat information that it receives in a manner that respects both the sensitivities and rights of the complainant and the respondent.

State and federal regulations may dictate a course of action that will require making portions or all of the report known to others – including possibly the alleged offender – during the course of the investigation. Additionally, recognizing that sexual misconduct undermines the safety and freedom of an educational environment and could be criminal behavior, depending on the nature of the incident, there may be instances where it is the University’s ethical and legal responsibility to disclose information regarding the circumstances related to a specific incident. 

The University’s ability to act to protect the interests of the complainant and the community is limited by the information provided to it. There is no obligation for the identity of the complainant or respondent to be revealed.  However, complainants are encouraged to do so. As previously noted, the University is required to investigate all reports of sexual misconduct.  As such, the identity of the complainant, respondent, reporter, witnesses, or other circumstances may be discovered during the course of the investigation even if this information was not disclosed in the initial report. If the complainant is a minor (under 18 years old), or the alleged incident took place while the complainant was a minor, the law requires disclosure to law enforcement authorities.

The only persons permitted to guarantee confidentiality are licensed counselors and clergy. These confidential reporting options are denoted in the chart above as confidential.  

+ - Amnesty

To encourage and support the reporting of incidents of sexual misconduct, students who participate as witnesses or complainants in sexual misconduct investigations will not be held accountable for violations of the Code that may have occurred at the time of or as a result of the incident in question (for example, being under the influence of alcohol, marijuana or other controlled substances), unless the University determines that the violation was egregious.  Egregious violations includes, but are not limited to, actions that places the health or safety of another other person at risk or involve academic dishonesty.

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