Student-On-Student Sexual & Interpersonal Misconduct & Title IX

LMU's Student Sexual and Interpersonal Misconduct Policy.

LMU's Student Title IX Policy.

LMU's Faculty and Staff Title IX Policy.

If you have additional questions, please contact LMU's Title IX Coordinator, Sara Trivedi. The Title IX Coordinator can be contacted by:

1. Phone: 310.568.6105
2. Email: Sara.Trivedi@lmu.edu
3. Office: University Hall 1900 

Sexual Assault is defined as engaging in sexual intercourse, or any of the sexual activities listed below, with another person without that person’s consent. Sexual Assault includes, but is not limited to, rape, sexual battery, anal intercourse, oral copulation or penetration of a body cavity by a foreign object. Sexual intercourse includes the penetration, however slight, of the vagina or anus with any object or body part and of the mouth with a body part and/or object in a sexual manner.

Sexual Misconduct is defined as unwelcome conduct of a sexual nature including, but not limited to, unwelcome sexual advances, unsolicited requests for sexual favors, or physical conduct of a sexual nature, such as making contact with an intimate body part (including, but not limited to: the mouth; the sex organs; the anus; the groin; the buttocks and/or the breasts) of another person without that person’s consent, including as a result of sexual coercion. For purposes of the Sexual and Interpersonal Misconduct policy, Sexual Misconduct includes, but is not limited to, exposing one’s genitals in non-consensual circumstances, coercing another against their will to expose their genitals or breasts and prostituting another person.

Sexual Exploitation is defined as sexual misconduct that occurs when a person takes unjust or abusive sexual advantage of another for their benefit or for the benefit of anyone other than the exploited party; and that behavior does not otherwise constitute Sexual Assault. Examples of Sexual Exploitation include, but are not limited to, invasion of sexual privacy, audio or video recording or photographing of a sexual nature utilizing webcam, camera, Internet exposure, etc., without knowledge and consent of all persons, going beyond the boundaries of consent (such as letting another person hide and watch you have consensual sex without the knowledge of the other party), engaging in unconsented voyeurism, coercing another against their will to expose their genitals or breasts and prostituting another person.

Domestic Violence is defined as a felony or misdemeanor crime of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabited with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under California law or by any other person against an adult or youth victim who is protected from that person’s acts under California law.

Dating Violence is defined as violence committed by a person:

1. Who is or has been in a social relationship of a romantic or intimate nature with the victim; and

2. Where the existence of such a relationship shall be determined based on the Complainant’s statement and with consideration of the following factors:

a. The length of the relationship;

b. The type of the relationship;

c. The frequency of interaction between the persons involved in the relationship.

Dating Violence includes, but is not limited to, sexual or physical abuse or threat of such abuse. Dating Violence does not include acts covered under the definition of Domestic Violence.

Stalking means engaging in a course of conduct directed at a specific person(s) that would cause a reasonable person under similar circumstances and with similar identities to the Complainant to fear for their safety or the safety of others; or suffer substantial emotional distress.

For the purposes of this definition course of conduct means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly or through third parties, by any action, method, device or means, follows, monitors, observes, surveils, threatens or communicates to or about a person or interferes with a person’s property.

For the purposes of this definition substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.

Retaliation means adverse, non-permitted action taken by an individual or a third party against a person who reports a violation of this policy, assists someone with a report of a violation of this policy or participates in any manner in an investigation or resolution of a report of a violation of this policy. Retaliation may, among other non- permitted conduct or behaviors, include threats, intimidation, coercion, Harassment, spreading negative information about an individual, exclusions from academic and non-academic programs and/or adverse actions related to employment.

Sexual Assault is defined as engaging in sexual intercourse, or any of the sexual activities listed below, with another person without that person’s Consent. Sexual Assault includes, but is not limited to, rape, sexual battery, anal intercourse, oral copulation or penetration of a body cavity by a foreign object. Sexual intercourse includes the penetration, however slight, of the vagina or anus with any object or body part and of the mouth with a body part and/or object in a sexual manner.

Title IX Sexual Harassment is defined as unwelcome conduct by an employee conditioning the provision of an LMU educational aid, benefit or service on an individual’s participation in unwelcome sexual conduct; or unwelcome conduct on the basis of sex against a person in the United States determined by a reasonable person to be so severe, pervasive and objectively offensive that it effectively denies a person equal access to an LMU education program or activity.

Dating Violence, Domestic Violence and Stalking definitions can be found under the Sexual and Interpersonal misconduct drop down box above. 

Consent for both Title IX and Student-on-Student Sexual and Interpersonal Misconduct Policy and Protocol is defined as the unambiguous and willing participation or cooperation in act, behavior or attitude that is commonly understood to be consistent with the exercise of free will. It is the responsibility of each person involved in the sexual activity to ensure that he or she has the affirmative Consent of the other(s) to engage in the sexual activity. Consent requires participants who are lawful adults, fully conscious, equally free and legally competent to act, have clearly communicated their willingness, cooperation or permission to participate in the specific sexual activity engaged in, are positive and clear about their desires and are able to cease ongoing consensual activity at any time. Refusal to Consent does not have to be verbal; it can be expressed with clear gestures, body language or attitude. Lack of protest or resistance does not mean Consent, nor does silence mean Consent. Prior sexual history between the Complainant and Respondent, by itself, does not constitute Consent, nor does consenting to sexual activity with one person imply Consent to sexual activity with another person.

1. Consent is not freely given if:

a. It is obtained through the use of force, through the fear of or the threat of force, through the abuse of a power position over another (such as employment status or position within an organization) or by kidnap; or

b. A reasonable person, in the position of the alleged perpetrator at the time the alleged conduct occurred, should have known that the other person was unable to give Consent for any of the following reasons:

i. The individual is unable to make an informed decision as a result of the use of alcohol, drugs or other substances (including, but not limited to, predatory drugs or prescribed medications); or

ii. The individual is unable to consciously respond for whatever reason including lack of consciousness, sleep, illness or shock; or

iii. The individual is under the age of 18 and therefore legally incapable of giving Consent; or

iv. The individual is known by reason of impairment, mental condition or developmental or physical disability to be reasonably unable to Consent.

c. The individual has acted or spoken in a manner that expresses a lack of Consent or a refusal to Consent.

2. The following are invalid excuses for failing to obtain affirmative Consent from the Complainant:

a. The Respondent’s belief in affirmative Consent arose from the intoxication or recklessness of the Respondent; or

b. The Respondent did not take reasonable steps, in the circumstances known to the Respondent at the time, to ascertain whether the Complainant affirmatively consented.

Sexual Harassment is defined under Title IX as "[...] unwelcome conduct on the basis of sex against a person in the United States determined by a reasonable person to be so severe, pervasive and objectively offensive that it effectively denies a person equal access to an LMU education program or activity." In addition to those requirements, Sexual Harassment that falls under Title IX, must occur on campus or at a location of which LMU has substantial control. 

In comparison, the Student Sexual and Interpersonal Misconduct Policy defines Sexual Misconduct to cover Sexual Harassment that either does not meet Title IX's Sexual Harassment definition, meaning it need not be severe, pervasive and objectively offensive to warrant an allegation, or occurs in a location that is outside of Title IX's defined jurisdiction. 

Absolutely. We encourage students to report all instances of Sexual Misconduct, Sexual Assault, Sexual Harassment, or Interpersonal Misconduct regardless of where or when the incident occurred. Under the LMU Student Sexual and Interpersonal Misconduct Policy, all instances of sexual misconduct that do not fall within the scope of Title IX will still be heard by the process outlined in the Student Conduct Code. 

There are several ways for you to file a report: 

1. You may file a report with the Department of Public Safety (DPS) 24/7 through any of the following channels: 
   1. In person at Foley Annex 
   2. By calling DPS at 310.338.2893 or 222 from any campus landline 
   3. By Completing an E-Report; 
   4. By utilizing any of the campus emergency phones 
2. You may also file a report with the Title IX Coordinator who can be contacted by:
   1. Phone: 310.568.6105
   2. Email: titleix@lmu.edu 
   3. Office: University Hall 1900

Yes. The Department of Public Safety (DPS) offers anonymous reporting via E-Report. 

The E-Report form should not be used to report incidents that are in progress or for incidents that pose a threat to the community. For all emergencies in progress, please dial 9-1-1 and then call DPS, 310.338.2893.

If you are unsure whether to file an E-Report, you may call 310.338.2893 anonymously and DPS will answer your question(s). 

Learn more about incident reporting and investigations here.

The Department of Public Safety (DPS) will promptly inform the Title IX Coordinator of reports of sexual and interpersonal misconduct.

If the allegation falls under the Student Title IX policy, The Title IX Coordinator, or designee, will then reach out to you to schedule an appointment to discuss the incident as well as next steps. 

If the case does not fall under the Student Title IX policy, a Student Affairs Resource Administrator (SARA) will reach out to you to discuss resources as well as your options. 

All students who report allegations of sexual and interpersonal misconduct will be assigned a Student Affairs Resource Administrator (SARA), who will provide you with support and resources. 

Instances of sexual and interpersonal misconduct that do not meet the Title IX Sexual Harassment definitional requirements but meet the definitions of Sexual Misconduct or Sexual Assault as outlined in the LMU Student Sexual and Interpersonal Misconduct Policy (SIM Policy) will be adjudicated through the conduct process. The Title IX Coordinator, or designee, and/or the student's SARA will explain the LMU hearing process and students will be able to make a decision as to whether they wish to pursue an allegation through the conduct process.

Complainants will have the opportunity to decide whether they wish to engage with the investigation and/or conduct process. However, in certain situations, cases will continue through the investigation and conduct process even if the Complainant wishes to no longer engage in either process. For more information, please view the SIM Policy. 

Reporting an incident does not automatically mean your case will go through the conduct process. The Department of Public Safety will gather some information about the allegation(s), but a full investigation will not be triggered. 

If your case falls under the Student Title IX policy, you will first meet with the Title IX Coordinator, or designee, to discuss what happened and what your options are.

If your case falls under the Student Sexual and Interpersonal Misconduct Policy (SIM Policy), your Student Affairs Resource Administrator (SARA) will reach out to you to discuss your options as well as resources.

In both Title IX and SIM Policy cases, your options include:

• not going through the conduct process and receiving support and resources only;
• having your case go through the informal resolution process; or 
• having your case go through the conduct process. 

In both Title IX and SIM Policy cases you will still have a SARA assigned to you, even if you choose to not go through the conduct process. It is entirely your choice as to whether you wish to speak with your SARA. For more information about SARAs, please visit the SARA page. 

The Title IX Process requires the incident to meet the Sexual Harassment definition threshold that is laid out by the 2020 Title IX Regulations. Sexual Harassment is defined as including sexual assault, stalking, dating violence or domestic violence or conduct that is so severe, pervasive and objectively offensive to a reasonable person. Additionally, the sexual harassment must occur in the United States and/or occur on campus or at a location that is under the University's control. 

LMU is committed to creating a safe environment for all students, regardless of where the sexual misconduct may have occurred. As such, under LMU's Student Sexual and Interpersonal Misconduct Policy, LMU will hear instances of sexual and interpersonal misconduct even if it doesn't fall under the purview of Title IX. 

In Title IX proceedings, both students are required to have an Advisor. The Advisor is the person who asks questions of both students during the live hearing. Whereas, when a case does not fall under Title IX, Advisors are recommended but not required. During non-Title IX sexual and interpersonal misconduct hearings, Advisors will not be permitted to ask questions of the students. In both instances, students are able to choose whomever they want as an Advisor. 

If your case is going through the Title IX conduct process, both students must have an Advisor. Both students may select an Advisor of their choosing. If you do not have an Advisor, the Office of Student Conduct and Community Responsibility will select one for you. 

If your case is not going through the Title IX conduct process, both students may have an Advisor, but it is not required. 

In both conduct processes, an Advisor may accompany you to all scheduled meetings, but may not participate in the meetings. Advisors are there to support and assist the student throughout the process. Advisors may have access to investigation reports and evidence. 

Advisors are required to adhere to rules and regulations established in the Student Conduct Code. See the "Rights and Responsibilities" Section VI(D)(4) for guidelines on selecting an Advisor. 

In a Title IX conduct hearing with cross examination, your Advisor will ask questions of the other student and the other student's Advisor will ask you questions. 

In a hearing with cross examination that does not fall under Title IX, an Advisor serves as a support person during the hearing and is not permitted to ask questions or participate in the hearing process itself. 

Your Student Affairs Resource Administrator (SARA) is there as a support for you and to help guide you through the conduct process. In an effort to allow your SARA to fully support you without you having to share what happened with them, we do not recommend having your SARA serve as your Advisor. 

In Title IX hearings, Advisors and Conduct Officers are the only people who are allowed to ask questions. Students are asked to prepare questions ahead of the hearing so that their Advisor may ask them on their behalf. If you would like your Advisor to ask a question of the other student that you did not think of beforehand, you may ask your Advisor to ask the question of the other student. 

In non-Title IX hearings, you may submit a list of questions to OSCCR beforehand and a Conduct Officer will ask those questions of the other student on your behalf. If you think of questions during the hearing that you would like to ask of the other party, you may ask the Conduct Officer in the room to ask the questions on your behalf. 

You will never be in the same room as the Complainant/Respondent. We utilize videoconference technology so that you will see each other virtually but strive to prevent any in-person interaction before, during and after the hearing. 

Yes. The Office of Student Conduct and Community Responsibility will record the hearing.  

Yes. The Complainant and Respondent are able to set up an appointment with Office of Student Conduct and Community Responsibility (OSCCR) to review the recording.

Yes. For more information on the appeals process please review either the Student Title IX Policy or the Student Conduct Code depending on which process was utilized for your incident. 

LMU does not tolerate retaliation. For more information on LMU's retaliation policy please refer to either the Student Title IX Policy or the Student Sexual and Interpersonal Misconduct Policy.

View the LMU Faculty or Staff Title IX policy.