SEXUAL MISCONDUCT POLICY
Frequently Asked Questions

Download the University of Guam’s Sexual Misconduct Policy.  

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1. What is Sexual Harassment?

   Sexual harassment is a form of sex discrimination that is prohibited under Title IX (for students) and Title VII (for employees or contractors).  Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, or other verbal, visual, or physical conduct of a sexual nature that has the purpose or effect of unreasonably interfering with an individual’s welfare, academic, residential life or work performance, or creates an intimidating, hostile or offensive educational, living or work environment at the University. 
   
   Examples that may constitute sexual harassment are: 

   • Inappropriate touching, patting, or pinching

   • Physical assault or coerced sexual activity

   • Demands or subtle pressure for sexual favors

   • Obscene phone calls, texts, email, or gestures

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   What is Sexual Misconduct?

   Sexual Misconduct includes sexual harassment but also encompasses sexual assault, sex offenses, domestic violence, dating violence, stalking and inappropriate amorous relationships.  Sexual Misconduct can be committed by men or women, and can occur between people of the same or different gender.
   
   

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   What is the University’s policy on Sexual Misconduct?

   The University has a No Tolerance Policy on Sexual Misconduct.  A No Tolerance Policy means that all complaints of sexual misconduct will be reviewed and/or investigated and appropriate disciplinary action will be taken against those who have violated this Policy. The distribution of this Policy to the University community is fair warning that disciplinary action, more than just a warning, will be taken against those who violate this Policy.  Disciplinary action can include suspension in pay, demotion, dismissal or any action of this nature, depending on the facts of the complaint. The University is committed to ensuring that students and employees feel safe and secure in the conduct of their studies and the fulfillment of their duties.
   
   

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   Can an anonymous complaint be filed?

   Yes, an anonymous complaint may be filed with the EEO/ADA and Title IX Office or any Responsible Employee, as designated by the University.  The University will investigate the complaint to the extent possible, without disclosing the identity of the complainant.  Note, however, that there may be difficulties in resolving a complaint thoroughly where anonymity is required.
   
   

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   What confidential services are available to victims of sexual misconduct?

   The University has confidential resources that will not disclose information to anyone else, including the University, except under very limited circumstances, such as a threat of serious harm to the victim or to others or where there is a legal obligation to disclose such information. 

   These confidential resources are professionals on and off campus, including counselors, medical health providers, clergy and/or rape crisis counselors.  On campus, confidential resources are the Violence Against Women Prevention Program (VAWPP) at (671) 735-2980, and the Isa Psychological Service Center at (671) 735-2883. Off campus, victims may call the Victim Advocates Reaching Out (VARO) at (671) 477-5552 or Healing Hearts Crisis Center at (671) 647-5351. The University will assist in providing off campus services as requested.
   
   

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   What is the University’s policy on Consent?

   The University’s policy on Consent is what has also been termed as Affirmative Consent or a “Yes Means Yes” Policy in other University jurisdictions.  It means that it is the responsibility of the initiator to obtain clear and affirmative responses by words or actions which indicate a willingness to participate in mutually agreed upon sexual activity, at each stage of sexual involvement.
   
   

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   What is an “amorous relationship” and what is the University’s policy on Inappropriate Amorous Relationships?

   An amorous relationship is defined as an intimate, sexual and/or any other type of amorous encounter or relationship, whether casual or serious, short-term or long-term. The University’s policy on Inappropriate Amorous Relationships, formerly known as the Consensual Relationships Policy, forbids faculty and staff relationships with any undergraduate student.  Further, faculty and staff are prohibited from pursuing or engaging in an amorous relationship with a graduate student under that faculty’s or staff’s authority.  Graduate students currently or previously engaged in an amorous relationship with another student are prohibited from serving in a position of authority over that student.  Failure to report the existence of an inappropriate amorous relationship is subject to discipline under this policy.
   
   

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   Will the University refer all sexual misconduct complaints to criminal justice authorities?

   The University will establish protocols with the criminal justice authorities for reporting complaints of sexual assault and other sex offenses.  The protocols will determine which complaints will be forwarded to the criminal justice authorities.
   
   

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   What is the difference between an administrative complaint of sexual misconduct and a criminal complaint of sexual misconduct?

   These are two separate systems with different but important goals, but they are not mutually exclusive.  The administrative complaint process concerns the violation of a University policy and follows the University disciplinary processes. A preponderance of the evidence standard of proof is used to determine a policy violation.  Disciplinary action can include suspension in pay, demotion, dismissal or any action of this nature.

   Criminal complaints involve crimes committed that are proven beyond a reasonable doubt by a prosecutor in local or federal court.  Criminal penalties include incarceration, probation or imposition of a fine.
   
   

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    What is retaliation?

    Retaliation is subjecting a member of the University community to interference, coercion or reprisal for seeking advice under this Policy, reasonably filing a complaint, or otherwise in good faith participating in the internal or external complaint process.  The University will not so retaliate against any person who engages in this process and will not knowingly permit retaliation.