Faculty Protections FAQs

The LMU Discriminatory Harassment, Retaliation, and Sexual and Interpersonal Misconduct Complaint Process Policy seeks to ensure a positive living, learning, and working environments for all LMU community members. Specifically, this policy prohibits: 

a) Sexual and Interpersonal Misconduct 

b) Hate Crimes and Bias Motivated Incidents, and 

c) Discriminatory Harassment on the basis of race, religious creed (including religious dress and grooming practices), color, national origin (including language and language use restrictions), ancestry, disability (mental and physical) including HIV and AIDS, legally protected medical condition (cancer-related or genetic characteristic), denial of Family and Medical Care Leave, marital status, sex (including pregnancy, childbirth, breastfeeding, and related medical condition), gender, gender identity, gender expression, age 40 or over, military or veteran status, sexual orientation, genetic information or any other bases protected by federal (including but not limited to Title VI and Title VII of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990), state or local law. Students, faculty, and staff should be aware of and avoid actions that others may construe as unwelcome and/or harassing. This policy also prohibits hate crimes and bias-motivated incidents as defined in this policy, and retaliation. 

This policy applies to all students, faculty, and staff, including, but not limited to, trainees, unpaid interns, volunteers, non-supervisory staff, supervisors, managers, directors, and leadership. It is also the policy of the University to protect its students, faculty, and staff from unlawful harassment by vendors, guests, and other visitors to the University. It is the responsibility of every student, faculty, and staff member to follow this policy conscientiously.  

Discriminatory Harassment/Retaliation and Sexual and Interpersonal Misconduct Complaint Process 

“Discriminatory Harassment” means Discrimination, Harassment, and Sexual Harassment, as defined below: 

“Discrimination” means conduct resulting in differential treatment in the terms or conditions of academic achievement or employment based on a legally protected characteristic.  

"Harassment" is unwelcome verbal, non-verbal, physical or visual conduct based on any legally protected characteristic that has the purpose or effect of unreasonably interfering with academic or work performance or creating an intimidating, hostile, or offensive living, academic, or work environment.   

“Hostile Environment” is defined as any situation in which there is harassing conduct that is sufficiently severe, pervasive, and objectively offensive that it limits, interferes with, or denies educational or employment benefits or opportunities from both a subjective (the complainant) and objective (reasonable person’s) viewpoint.  

"Sexual Harassment" for purposes of the LMU Discriminatory Harassment/Retaliation and Sexual and Interpersonal Misconduct Complaint Process Policy is unwelcome conduct of a sexual nature that does not meet the definition of Title IX Sexual Harassment, including unwelcome sexual advances, requests for sexual favors, and other verbal, non-verbal, physical, or visual conduct by a person of either the same or opposite sex where:  

1. Submission to or rejection of the conduct is made either an explicit or implicit condition of academic achievement and/or employment;
2. Submission to or rejection of the conduct is used as the basis for an academic and/or employment decision; or 
3. The conduct has the purpose or effect of unreasonably interfering with academic or work performance or creating an intimidating, hostile, or offensive living, academic, or work environment. 

Discriminatory Harassment/Retaliation and Sexual and Interpersonal Misconduct Complaint Process 

Pursuant to the University’s Reporting Sexual Misconduct policy, all reports of Sexual or Interpersonal Misconduct should be made to: 

-The Department of Public Safety (“DPS”): in person at Foley Annex, by phone at 310.338.2893 [x82893 / x222 emergency line on the LMU campus]; 

-Or through the Campus Safety & Security E-Report Form https://mylmu.co1.qualtrics.com/jfe/form/SV_40Db9RHLc4zJnGB?Q_JFE=qdg 

at 213.736.1121 (Law School Campus); 

-Or by contacting LMU’s Title IX Coordinator, Sara Trivedi: 

1. By phone: 310.568.6105; 

2. By e-mail; [email protected]; 

3. By mail: One LMU Drive, Suite 1900, Los Angeles, CA, 90045; or 

4. In-person: University Hall 1900. 

Reports may be made at any time to Campus Safety Services (Westside Campuses) / Campus Safety & Security (Law School Campus), or to the Title IX Coordinator, including during non-business hours, by using the telephone numbers or e-mail addresses, or by mail to the office addresses listed above. 

University Community members who are unsure whether what they experienced, witnessed, or what has been reported to them constitutes sexual or interpersonal misconduct should contact Campus Safety Services (Westside Campuses) / Campus Safety & Security (Law School Campus) or the Title IX Coordinator and report the incident. Campus Safety Services (Westside Campuses) / Campus Safety & Security (Law School Campus) / the Title IX Coordinator will take appropriate responsive action based on the information provided. 

Once a report is received, the Title IX Coordinator, or designee, will discuss with the complainant the availability of supportive measures (regardless of whether the complainant agrees to or participates in an investigation, informal resolution, or the formal hearing process. 

Reporting Sexual and Interpersonal Misconduct Policy 

Westside Campuses 

• Academic Affairs at 310.338.2733 [x82733 on campus]; 
• Human Resources at 310.338.2723 [x82723 on campus]; or
• EEO Officer/Deputy Title IX Coordinator (Human Resources) at 310.338.5345 [x85345 on campus] 

 Law School Campus 

• Associate Dean for Faculty at 213.726.1038 [x1038 on campus]; or 
• EEO Officer/Deputy Title IX Coordinator (Human Resources) at 310.338.5345 [x85345 on campus].  

1. Complaints against a Student 

 Complaints of Sexual or Interpersonal Misconduct against a student 

Complaints of student-on-student Sexual or Interpersonal Misconduct, including student-on-student sexual harassment, are handled through the Student Sexual and Interpersonal Misconduct policy. 

Complaints of Sexual or Interpersonal Misconduct against a student by a faculty or staff member or contract-service provider will be investigated by the EEO Officer or designee who will prepare an investigative report. The investigative report will be forwarded to the Office of Student Conduct & Community Responsibility (OSCCR) for hearing pursuant to appropriate policies and processes, as determined by OSCCR. 

Complaints of Sexual or Interpersonal Misconduct against a student by an individual not affiliated with the university will be investigated by DPS who will prepare an investigative report. The investigative report will be forwarded to OSCCR for hearing pursuant to appropriate policies and processes, as determined by OSCCR. 

A student found to have engaged in Sexual or Interpersonal Misconduct will be subject to the sanctions set forth in the Student Sexual and Interpersonal Misconduct policy up to, and including, dismissal from the University. Violation of this policy may also be subject the student to criminal prosecution or third- party civil litigation. 

Complaints of Discriminatory Harassment or Retaliation against a student 

Complaints of student-on-student Discriminatory Harassment or Retaliation are handled through the Student Conduct Code.  

Complaints of Discriminatory Harassment or Retaliation against a student by a faculty or staff member or contract service provider will be investigated by the EEO Officer or designee, who will prepare an investigative report. 

The investigative report will be forwarded to OSCCR (Office of Student Conduct and Community Responsibility) for hearing pursuant to appropriate Student Conduct Code processes, as determined by OSCCR. A student found to have violated this policy will be subject to the sanctions set forth in the Student Conduct Code up to, and including, dismissal from the University. 

2. Complaints against faculty 

Complaints of Discriminatory Harassment or Retaliation made by or against a faculty or staff member are subject to the processes described in “Step 1: Intake,” “Step 2: Informal Process,” and “Step 3: Formal Hearing Process” set forth in the LMU policy. A faculty or staff member found to have violated this policy will be subject to disciplinary action up to, and including, dismissal from the University. 

3. Complaints against external Individuals not associated with LMU 

Complaints of Discriminatory Harassment or Retaliation made against an individual who is not a student, faculty or staff member are subject to this policy, but will not proceed through the Formal Resolution processes. 

Office of Student Conduct and Community Responsibility 

Discriminatory Harassment, Retaliation and Sexual and Interpersonal Misconduct Complaint Process  

It is a violation of the LMU Discriminatory Harassment, Retaliation, and Sexual and Interpersonal Misconduct Complaint Process Policy to file a false complaint against anyone for the purpose of injuring the reputation of or harassing another. Any person found to have filed a false complaint against another in bad faith or for the purpose of injuring the reputation of or harassing another will be subject to appropriate discipline. This proscription is in no way intended to discourage the filing of good faith complaints, even if those complaints do not result in a finding of a violation of the University policies. 

Discriminatory Harassment, Retaliation and Sexual and Interpersonal Misconduct Complaint Process 

The LMU Discriminatory Harassment, Retaliation and Sexual and Interpersonal Misconduct Complaint Process policy applies to all students, faculty, and staff including, but not limited to trainees, unpaid interns, volunteers, non-supervisory staff, supervisors, managers, directors, and leadership. It is also the policy of the University to protect its students, faculty, and staff from unlawful harassment by vendors, guests, and other visitors to the University. It is the responsibility of every student, faculty, and staff member to follow this policy conscientiously.  

Discriminatory Harassment, Retaliation and Sexual and Interpersonal Misconduct Complaint Process 

California Anti-Bullying Laws and Regulations include the following definitions of bullying and cyber sexual bullying:

"Bullying" means any severe or pervasive physical or verbal act or conduct, including communications made in writing or by means of an electronic act, and including one or more acts committed by a pupil or group of pupils as defined in Section 48900.2, 48900.3, or 48900.4, directed toward one or more pupils that has or can be reasonably predicted to have the effect of one or more of the following:

A. Placing a reasonable pupil or pupils in fear of harm to that pupil's or those pupils' person or property.

B. Causing a reasonable pupil to experience a substantially detrimental effect on the pupil's physical or mental health.

C. Causing a reasonable pupil to experience substantial interference with the pupil's academic performance.

D. Causing a reasonable pupil to experience substantial interference with the pupil's ability to participate in or benefit from the services, activities, or privileges provided by a school.

"Electronic act" means the creation or transmission originated on or off the school site, by means of an electronic device, including, but not limited to, a telephone, wireless telephone, or other wireless communication device, computer, or pager, of a communication, including, but not limited to, any of the following:

1. A message, text, sound, video, or image.
2. A post on a social network internet website, including, but not limited to:
   • Posting to or creating a burn page. "Burn page" means an internet website created for the purpose of having one or more of the effects listed in paragraph (1).
   • Creating a credible impersonation of another actual pupil for the purpose of having one or more of the effects listed in paragraph (1). "Credible impersonation" means to knowingly and without consent impersonate a pupil for the purpose of bullying the pupil and such that another pupil would reasonably believe, or has reasonably believed, that the pupil was or is the pupil who was impersonated.
   • Creating a false profile for the purpose of having one or more of the effects listed in paragraph (1). "False profile" means a profile of a fictitious pupil or a profile using the likeness or attributes of an actual pupil other than the pupil who created the false profile.
3. • An act of cyber sexual bullying.
   • For purposes of this clause, "cyber sexual bullying" means the dissemination of, or the solicitation or incitement to disseminate, a photograph or other visual recording by a pupil to another pupil or to school personnel by means of an electronic act that has or can be reasonably predicted to have one or more of the effects described in subparagraphs (A) to (D), inclusive, of paragraph (1). A photograph or other visual recording, as described in this subclause, shall include the depiction of a nude, semi-nude, or sexually explicit photograph or other visual recording of a minor where the minor is identifiable from the photograph, visual recording, or other electronic act.
   • For purposes of this clause, "cyber sexual bullying" does not include a depiction, portrayal, or image that has any serious literary, artistic, educational, political, or scientific value or that involves athletic events or school-sanctioned activities.

Cal. Ed. Code § 48900 (2019)

California Anti-Bullying Laws and Policies

At present, no federal law directly addresses bullying. In some cases, bullying overlaps with discriminatory harassment, which is covered under federal civil rights laws enforced by the U.S. Department of Education (ED) and the U.S. Department of Justice (DOJ). No matter what label is used (e.g., bullying, hazing, teasing), schools are obligated by these laws to address the conduct when it meets all three criteria below. It is: 

• Unwelcome and objectively offensive, such as derogatory language, intimidation, threats, physical contact, or physical violence; 
• Creates a hostile environment at school. That is, it is sufficiently serious that it interferes with or limits a student's ability to participate in or benefit from the services, activities, or opportunities offered by a school; and is 
  • Based on a student's race, color, national origin, sex, disability, or religion:
  • Sex includes sexual orientation, gender identity, and intersex traits. Sex also includes sex-based stereotypes and sexual harassment.
  • National origin harassment can include harassment because a student speaks another language.
  • DOJ also has jurisdiction to enforce Title IV of the Civil Rights Act of 1964, which addresses certain equal protection violations based on religion in public schools. Title VI of the Civil Rights Act of 1964, enforced by both ED and DOJ, does not explicitly identify religion as a basis for prohibited discrimination. But religious-based harassment is often based on shared ancestry of ethnic characteristics, which is covered under Title VI. 

StopBullying.gov 

Stalking is considered an “Interpersonal Misconduct” by the LMU and Community Sexual and Interpersonal Misconduct Complaint Process Policy. “Interpersonal Misconduct” includes Dating Violence, Domestic Violence, and Stalking, as defined below: 

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. 

The Resource List at the “Interpersonal Misconduct” policy includes Dating Violence, Domestic Violence and Stalking, as defined below.  

LMU and Community Sexual and Interpersonal Misconduct Resource List

 Dating Violence means 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 complaining party’s statement 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. 

LMU and Community Sexual and Interpersonal Misconduct Resource List  

LMU Campus Safety Services will help faculty to create a report that you can later use to file a restraining order at the Superior Court of California, County Los Angeles. Restraining orders cover events of Domestic Violence, Civil Harassment, and Elder Abuse.  

To obtain a restraining order you must get assistance in filling out the required paperwork to file or respond to a restraining order. To schedule a live online appointment with a Self-Help staff member, either call 213-830-0845 or go to the link below. Walk-in services are also available on a first-come, first-served basis at one of the Self-Help Centers located in courthouses across the county. 

Please note that the Superior Court of California websites you visit may be viewed by someone else later. Always clear your browsing history after searching the web. Consider using a public or friend’s computer if you are concerned about someone viewing your browsing history.  

The Superior Court of California, County of Los Angeles, Restraining Orders 

Self-Help Resources at the Los Angeles Superior Court 

Through the LMU CARES website or an LMU CARES workshop or program, faculty can learn: 

• What constitutes sexual and interpersonal misconduct? 
• What is consent? 
• How to be an effective bystander and step in to help others? 
• What to do if you or a friend experience sexual or interpersonal misconduct? 
• What resources are available both on- and off-campus to support someone who has experienced misconduct? 

• What training events and programs are taking place to continue to bring awareness to and encourage the prevention of sexual and interpersonal misconduct at LMU? 

LMU CARES 

Office: Malone 301 Suite 
Phone: (310) 258-4381 
Email: [email protected]