Title IX

Westminster College is committed to providing a safe and non-discriminatory learning and working environment for all members of the Westminster community. The College does not discriminate on the basis of sex in any of its education or employment programs and activities.

Westminster prohibits sexual assault, sexual and gender-based harassment, gender-based discrimination, sexual exploitation, interpersonal violence, and retaliation against a person for the good faith reporting of any of these forms of conduct or participation in any investigation or proceeding under the Title IX policy, complicity in the commission of any act prohibited by the policy, and false reporting. The College will take prompt and equitable action to eliminate prohibited conduct, prevent its recurrence, and remedy its effects. Westminster conducts ongoing prevention, awareness, and training programs for students and employees.

All members of the Westminster community are encouraged to take reasonable actions to prevent or stop an act of prohibited conduct. The College will support and assist community members who take such actions.

Please use the resources listed on this page to find out more about reporting, resources, prevention and awareness programs, and other information regarding Title IX.

Title IX Report Form Anonymous Reporting Form

Reporting Prohibited Conduct

The College urges anyone who experiences or becomes aware of an incident of prohibited conduct to report the incident immediately to the College through the following reporting options:

  • Contact the College’s Title IX Coordinator, Jason Schwartz-Johnson, or a Deputy Title IX Coordinator, Scott Gust or Julie Freestone, at their office locations, email addresses, or phone numbers listed below.
  • Submit a report online from this webpage. A report may be made anonymously. The College will use this information to better understand the scope of sexual and interpersonal violence on campus and to develop and implement prevention efforts. However, if anyone is named the report will no longer be considered anonymous and the College will proceed accordingly.
  • Contact Campus Patrol at (801) 832-2525.

There is no time limit for reporting prohibited conduct to the College, and reporting an incident does not necessarily mean that an investigation will be pursued. To encourage the reporting of prohibited conduct, the College will not pursue disciplinary action for disclosure of illegal personal consumption of drugs or alcohol where such disclosures are made in connection with a good faith report or investigation of prohibited conduct. After a report is made, the Title IX Coordinators will consult with the reporting party to determine whether any supportive measures are necessary for their safety or well-being. These supportive measures might include changes in living arrangements, adjustments to class or work schedules, no contact orders, rescheduling exams, or restricting access to facilities or programs.

Title IX Coordinator
Jason Schwartz-Johnson 801-832-2262, jsj@westminstercollege.edu, Malouf 107

Deputy Title IX Coordinators
Scott Gust 801-832-2449, sgust@westminstercollege.edu, Foster 102
Julie Freestone 801-832-2573, jfreestone@westminstercollege.edu, Bamberger 106

Confidential Resources

To ensure the safety of the campus community, college employees and Resident Advisors are required to report information they are provided about prohibited conduct to the Title IX Coordinator. If you want to speak with someone confidentially, contact one of the resources below. This means that none of the information you share will be provided to other individuals at the College.

  • On Campus Counseling Center, Shaw Lower Level, 801.832.2465
  • Student Health Services, Shaw Lower Level, 801.832.2239
  • Rape Recovery Center, 2035 S 1300E, 801.467.7273 (24-hour crisis line)
  • Family Justice Center (YWCA), 310 E 300 S, 801.537.8600, 1.855.992.2752 (24-hour crisis line)
  • National Sexual Assault Hotline, 1.800.656.4673

Title IX Policies

  • Get to a safe place as soon as you can. Call 911 if you are in immediate danger.
  • Contact someone you trust to be with you for support. The Rape Recovery Center provides 24 hours support, 801-467-7273.
  • Incidents that occur on campus should be reported to campus patrol immediately at 801-832-2525. If desired, campus patrol officers will assist you in filing a complaint with the Salt Lake City Police Department.
  • Incidents that occur off campus should be reported to the Salt Lake City Police Department at 801-799-3000. Reporting to the police doesn’t mean that you have to press charges although if a minor is involved or this is a domestic violence situation, the police will file charges with or without your consent. You can contact the Title IX Coordinator, Jason Schwartz-Johnson, at 801-832-2262.
  • Do your best to preserve all physical evidence, even if you don’t know if you want to report the assault or press charges.
  • Do not to shower, bathe, eat, brush your teeth, or wash your hands.
  • Don’t change your clothing if possible, but if you need to change, put everything you were wearing into a paper bag and take them to your medical exam.
  • If the assault took place in your room or home, do not rearrange or clean up anything until you have decided whether or not to file a report.
  • Write down as much as you can remember about the assault, including a description of the assailant.
  • Seek medical care as soon as possible. The Rape Recovery Center (phone) has a 24-hour Hospital Response Team; a member can meet you at the hospital or Family Justice Center to provide information and support throughout the process. They can be reached at 801-467-7273.
  • To preserve forensic evidence, ask the hospital/facility Center to conduct a rape kit exam. Costs for this exam will be covered by Crime Victim Reparations. You can receive this exam whether or not you choose to involve the police.
  • If you suspect you have been drugged, ask that a urine sample be collected.
  • Even if you have no apparent injuries and you know that you will never report, it is important to get medical attention to determine the risks of STDs and pregnancy and receive appropriate prophylaxis medication if desired.
  • Get support. Many survivors of sexual assault experience a wide range of emotions following the assault, including shock, anger, self-blame, shame, helplessness, denial, fear, and mood swings among others. These can occur immediately after an assault or weeks, months or even years later.
  • Know your rights under Title IX.

Myth: The victim must have "asked for it" by being seductive, careless, drunk, high, etc.
Fact: No one asks to be abused, injured, or humiliated. This line of thought blames the victim for what happened instead of the perpetrator who chose to commit the crime. Individuals of all ages, all genders, and all walks of life, have been targets of sexual assault. Not one of them "caused" their assailant to commit a crime against them.
Myth: If you wouldn't have been drinking, you wouldn't have been sexually assaulted.
Fact: Alcohol is a weapon that some perpetrators use to control their victim and render them helpless. Alcohol is not a cause of rape; it is only one of many tools that perpetrators use.
Myth: If the victim did not physically struggle with or fight the assailant, it wasn't really rape.
Fact: Assailants are not looking for a fight and they use many forms of coercion, threats, and manipulation to rape. Alcohol and other drugs such as Rohypnol are often used to incapacitate victims.
Myth: Serial rapists are uncommon.
Fact: Most every perpetrator is a serial rapist, meaning that they choose to use coercion, violence, threats of force, etc., to assault people on a repeated basis.
Myth: When women say no, they really mean yes.
Fact: Yes means yes! When someone says yes, they are explicitly giving consent. Silence does not equal consent. It is the responsibility of the person initiating or escalating sexual activity to gain consent at each and every level. If you are ever unclear about your partner's wishes, ask for clarification. If your partner says no or seems unsure, respect that person and their wishes.
Myth: If someone doesn't fight off their perpetrator, then it is not really rape.
Fact: Some studies have shown that women who fought back were more likely to be seriously injured by their attacker. This threat of heightened physical violence may make it safer for someone to not fight back. This does not mean the sex is consensual.
Myth: The reason that men get raped is because homosexual men are raping them, and lesbian, gay, bisexual or transgender individuals rape more or are more likely to be sex offenders than heterosexuals.
Fact: There are no statistics that support the idea that lesbian, gay, bisexual or transgendered individuals are more likely to commit sexual assault or be sex offenders than heterosexuals. In fact, sex offenders are disproportionately likely to be heterosexual men.
Myth: Sexual assault is often the result of miscommunication or a mistake.
Fact: Sexual assault is a crime, never simply a mistake. It does not occur due to a miscommunication between two people. Sexual assault is any unwanted sexual contact obtained without consent through the use of force, threat of force, intimidation, or coercion.
Myth: It is ok to pressure or talk someone into sexual activity.
Fact: No! This falls into the category of coercion. Coercion is a tactic used to intimidate trick of force someone to have sex with him or her without physical force.
Myth: Rape is caused by lust or uncontrollable sexual urges and the need for sexual gratification.
Fact: Rape is an act of physical violence and domination that is not motivated by sexual gratification.
Myth: Once a man gets sexually aroused, he can't just stop.
Fact: Men do not physically need to have sex after becoming sexually excited. Moreover, they are still able to control themselves after becoming aroused.
Myth: Women often lie about rape or falsely accuse someone of rape.
Fact: Statistical studies indicate false reports make up two percent or less of the reported cases of sexual assault. This figure is approximately the same for other types of crimes. Only one out of 10 rapes are actually reported. Rapes by someone the victim knows are the least likely to be reported.
Myth: Sexual assault is a topic that only concerns women, and men do not have to be concerned about sexual assault.
Fact: According to recent rape crisis center statistics, men, both straight and gay, suffered 10 percent of the sexual assaults reported in the United States last year. In addition, men have wives, friends, sisters, mothers and daughters who may someday need assistance in coping with sexual assault. Rape is a concern for everyone.
Myth: Women are most often sexually assaulted by strangers.
Fact: Usually, women are sexually assaulted by someone they know —someone who has already been identified as safe and non-threatening. In college, acquaintance rape accounts for approximately 90% of completed and attempted sexual assaults.
Myth: Most sexual assaults occur in isolated places.
Fact: Sexual assaults happen anywhere and anytime. Sixty percent of assaults occur in the home of either the victim or the assailant.
Myth: A rape survivor will be battered, bruised, and hysterical.
Fact: Many rape survivors are not visibly injured. The threat of violence alone is often sufficient to cause a person to submit to the rapist, to protect themselves from physical harm. People react to crisis in different ways. The reaction may range from composure to anxiety, depression, flashbacks, and suicidal feelings.
Myth: Men cannot be sexually assaulted by women.
Fact: Although the majority of perpetrators are male, men can also be sexually assaulted by women.
Myth: Erection, orgasm, or ejaculation during a sexual assault means you "really wanted it" or consented to it.
Fact: Erection, orgasm, and ejaculation are physiological responses that may result from mere physical contact or even extreme stress. These responses do not imply that you wanted or enjoyed the assault and do not indicate anything about your sexual orientation. Some rapists are aware how erection, orgasm, and ejaculation can confuse a victim of sexual assault—this motivates them to manipulate their victims to the point of erection or ejaculation to increase their feelings of control and to discourage reporting of the crime.
Myth: All sexual assault victims will report the crime immediately to the police. If they do not report it or delay in reporting it, then they must have changed their minds after it happened, wanted revenge, or didn't want to look like they were sexually active.
Fact: There are many reasons why a sexual assault victim may not report the assault to the police. It is not easy to talk about being sexually assaulted. The experience of re-telling what happened may cause the person to relive the trauma. Other reasons for not immediately reporting the assault or not reporting it at all include fear of retaliation by the offender, fear of not being believed, fear of being blamed for the assault, fear of being "revictimized" if the case goes through the criminal justice system, belief that the offender will not be held accountable, wanting to forget the assault ever happened, not recognizing that what happened was sexual assault, shame, and/or shock. In fact, reporting a sexual assault incident to the police is the exception and not the norm. Because a person did not immediately report an assault or chooses not to report it at all does not mean that the assault did not happen.

Title IX of the Education Amendments of 1972 is a federal civil rights law that applies to all schools, like Westminster, that receive federal funding. Title IX prohibits discrimination on the basis of sex in all education and employment programs and activities. Sex includes gender, gender identity or expression, nonconformity with gender stereotypes, and sexual orientation.

The text of the law states:

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(a).

Consent
  • Consent is present when clearly understandable words or actions manifest a knowing, voluntary agreement between parties to engage in specific sexual or intimate contact with each other.
  • When determining whether consent was present, the College will consider whether a reasonable, sober person would consider the words or actions of the parties to clearly express a knowing, voluntary agreement between them to engage in specific sexual or intimate contact with each other.
  • Whether a person has taken advantage of a position of influence over another person may be a factor in determining consent.
  • Consent cannot be inferred from
    • Silence, passivity, acceptance, or lack of resistance alone;
    • A current or previous dating or sexual relationship;
    • Consent given on a prior occasion;
    • Consent given to another person (i.e., consent to engage in sexual activity with one person does not imply consent to engage in sexual activity with another person);
    • Attire; or
    • Buying dinner or spending money on a date.
  • Consent to one sexual activity does not imply consent to another sexual activity.
  • Consent can be withdrawn at any time and for any reason.
  • Consent is not effective if it is obtained through the use of physical force, violence, duress, intimidation, coercion, or the threat, either express or implied, of bodily injury. Whether the party used such methods to attempt to obtain consent will be determined by the perception of a sober, reasonable person in the same or similar circumstances.
Guidance on Consent
  • It is important not to make assumptions about whether a potential partner is consenting. In order to avoid confusion or ambiguity, participants are encouraged to talk with one another before engaging in sexual activity.
  • If confusion or ambiguity arises during sexual activity, participants are encouraged to stop and ensure that there is a mutual willingness to continue that sexual activity.

Incapacitation
  • Incapacitation is defined as lacking the ability to understand one’s actions.
  • Intoxication vs. Incapacitation: Consent cannot be given by a person who is incapacitated. Therefore, it is imperative to be able to determine the difference between incapacitation and intoxication. Incapacitation is a state beyond drunkenness or intoxication. A person is not necessarily incapacitated merely as a result of drinking or using drugs. The impact of alcohol and other drugs varies from person to person.
    • Some signs of intoxication include, but are not limited to:
      • Slurred speech
      • Weaving or stumbling while walking
      • Exaggerated emotions
    • Some signs of incapacitation include, but are not limited to:
      • Inability to speak coherently
      • Confusion on basic facts (day of the week, birthdate, etc.)
      • Inability to walk unassisted
      • Vomiting
      • Incontinence
      • Passing out
  • It is possible for a person who has been drinking to give consent, however, consent given by someone who has been drinking or using drugs must be clear, voluntary, and unambiguous. To give consent, a person must be able to make informed decisions free from undue influence, pressure, coercion, and incapacitation. If a person lacks the ability to act clearly, voluntarily, and unambiguously, or if a person is unable to make informed decisions free from undue influence, pressure or coercion, they are incapacitated and cannot give consent.
  • In evaluating consent in cases of alleged incapacitation, the College looks for the common signs of incapacitation and asks two questions: (1) Did the respondent know that the complainant was incapacitated and, if not, (2) Should a sober, reasonable person in the same situation have known that the complainant was incapacitated? The College also considers that a person who is incapacitated may not be able to understand some or all of the following questions: “Do you know where you are?” “Do you know how you got here?” “Do you know what is happening?” “Do you know whom you are with?”
  • One should be cautious before engaging in sexual activity when either party has been drinking alcohol or using drugs. The introduction of alcohol or drugs may create ambiguity as to whether consent has been sought or given. If one has doubt about either party’s level of intoxication, the safe thing to do is to forego all sexual activity.
  • The use of alcohol or drugs does not diminish one’s responsibility to obtain consent and does not excuse prohibited conduct under this policy.