Sexual Harassment Policy
Concordia Seminary is an institution of the Lutheran Church—Missouri Synod and as such, it adheres to the doctrines and practices of our church body. Students and employees are expected to lead lives that are consistent with the Holy Scriptures. It is a violation of Seminary policy for any member of the Concordia Seminary faculty, staff, administration, or student body to sexually harass or sexually assault any employee, student, visitor, or applicant.
The Seminary is committed to compliance with legal and regulatory requirements regarding sexual misconduct. The Seminary reserves the right to discipline or terminate any employee or student found to be in violation of sexual misconduct policies.
Title IX Roles
“Title IX” refers to Title IX of the Education Amendments of 1972 and related US Department of Education regulations requiring good-faith efforts to maintain a campus environment free from sexual harassment and sexual assault.
The Title IX Coordinator is responsible to the Seminary president for maintaining the policies on sexual misconduct, organizing campus training, and ensuring prompt and fair investigation of all allegations.
Title IX Investigators are trained to advise a Complainant of appropriate procedures and to investigate each allegation based on the Seminary’s procedures. The results of the investigation are forwarded to the Title IX Coordinator for action.
Title IX Decision-Makers are the senior campus leaders who constitute a three person panel that conducts a formal hearing regarding a sexual harassment allegation and determines the outcome.
The Complainant is the person alleging a violation of this sexual harassment policy.
The Respondent is the person who is alleged to have violated this sexual harassment policy.
Relationships
Some relationships, while permitted by law, are contrary to the Seminary’s policy. Romantic or sexual relationships in which power differentials are inherent (faculty-student, staff-student, administrator-student, supervisor-employee) ARE PROHIBITED unless the individuals are married. Such relationships create issues of actual or perceived exploitation and favoritism, and may also violate the Seminary’s moral conduct code.
Sexual Harassment Defined
Sexual harassment is unwelcome sexual or sex-based conduct, whether verbal, written, online, or physical. Sexual harassment deprives other members of the community of access to educational or employment opportunities and benefits to which they are entitled to receive. The forms of misconduct below are forbidden under this policy.
Quid Pro Quo harassment occurs when a person makes sexual requests in return for an educational or employment reward. Specifically, Quid Pro Quo Harassment is unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature, by a person having power or authority over another when submission to such sexual conduct is made either explicitly or implicitly a condition of education or employment opportunities or benefits.
Unwelcome Conduct of a sexual nature that a reasonable person would find to be offensive and is so severe or pervasive that it interferes with, denies, or limits a student’s opportunity to participate in or benefit from the Seminary’s programs, or interferes with an employee’s work and opportunities. Examples include inappropriate touching, comments, or jokes.
Non-consensual sexual contact is any intentional sexual touching, however slight, with any object, by a person upon another person, which is without consent and/or by force. Sexual contact includes intentional contact with the breasts, buttock, groin, or genitals, or touching another with any of these body parts, or making another touch you or themselves with or on any of these body parts; or any other intentional bodily contact in a sexual manner.
Non-consensual sexual intercourse is: any sexual intercourse however slight, with any object, by a person upon another person, which is without consent and/or by force. Intercourse includes vaginal or anal penetration by a penis, object, tongue or finger, and oral copulation (mouth to genital contact), no matter how slight the penetration or contact.
Intimate Partner Violence is violence or abuse between those in an intimate relationship to each other. This includes Dating Violence and Domestic Violence. The abuse may be physical or psychological.
Stalking is a repetitive and menacing pursuit, harassing, or interfering with the peace or safety of another.
Consent must be clear and voluntary. It must be given explicitly – silence is not consent. Persons not of legal age and persons who are incapacitated due to alcohol, drugs, or a medical condition are incapable of giving consent as understood in this policy. Incapacitation is a state where someone cannot make rational, reasonable decisions because they lack the capacity to understand what is happening. Consent is not given when force or intimidation is used.
Jurisdiction
Federal regulations state that this policy is applicable to all campus-sponsored programs and activities that are conducted within the United States. It applies to the campus property and to off-campus events sponsored by the Seminary. It offers protection to campus visitors and applicants for admission and employment regarding the conduct of Seminary students and employees.
At the time of filing a formal complaint, a Complainant must be either 1) participating in or attempting to participate in a Seminary program or activity, or 2) employed or actively seeking employment at the Seminary.
Retaliation
The Seminary expressly prohibits any form of retaliation for filing an allegation regarding sexual misconduct. Retaliation includes any adverse action by the Seminary or an individual against a person involved in the misconduct investigation, including persons who reported the matter, persons accused in the matter, witnesses, and investigators.
The Seminary’s policy against retaliation does not protect persons from the consequences for their actions in matters unrelated to an allegation of sexual harassment. For example, students are not shielded from the consequences for poor academic performance, and employees are not shielded from the consequences for poor work performance.
Duty to Report
Any Seminary employee or student who has reason to believe that a violation of the sexual misconduct policy has occurred is expected to report this matter to one of the following persons.
- president
- provost
- executive vice president
- senior vice president for finance and administration
- senior vice president for seminary advancement
- director of human resources
- dean of ministerial formation
- dean of advanced studies
Reporting an alleged violation to one of these persons constitutes a formal report and the seminary is obligated to investigate the report.
Exemptions: The Campus Chaplain is exempted from reporting if he is maintaining the seal of a penitent’s confession or counseling with a shared expectation of privacy. Professionally credentialed counselors providing service on behalf of the seminary are expected to observe professional codes of conduct when sexual misconduct is reported.
Note: A Title IX sexual misconduct investigation at Concordia Seminary is distinct from a criminal investigation. Whether a Complainant chooses to report or not to report the incident to law enforcement, and regardless of the outcome of a criminal investigation, the Seminary is obligated to take all reasonable measures to provide a safe environment that is free from sexual harassment.
Confidentiality
The Seminary is committed to protecting the privacy of all individuals involved in a report of sexual misconduct. All reasonable steps will be taken to avoid revealing the identity of the Complainant, the Respondent, and the witnesses beyond those named in the report and the administrators involved in resolving the matter. Federal regulations require that the Respondent is to be notified regarding the allegation and that both parties must receive information regarding the progress of the investigation.
The Seminary cooperates with law enforcement, including compliance with mandatory reporting laws, subpoenas, no-contact orders, and the like.
Supportive Measures
Depending on the seriousness of the matter, the Seminary has the responsibility to take actions that ensure the safety of a Complainant until the investigation process is concluded. Depending on the situation, the Seminary may make temporary changes in employee work assignments and in student class and on-campus living assignments, as described more completely in the Sexual Harassment Investigation Procedure.
In addition to supportive measures provided by the Seminary, Complainants may contact the Title IX Coordinator to receive additional information on resources for legal assistance, mental health, counseling, and the like.
Investigation Procedures
The procedures for investigating an alleged violation of this policy are contained in a separate document titled Sexual Harassment Investigation Procedure.