TITLE IX: SEXUAL HARASSMENT BROCHURE FOR REPORTING & RESOURCES title ix coordinator Amy Salsgiver director of social equity 814-393-2109 This resource was jointly published by the Presidential Commission on Sexual Harassment, Clarion University Police & Public Safety Department and Office of Social Equity. WHAT IS SEXUAL MISCONDUCT? Sexual Misconduct Definitions 1. Dating Violence – (as defined in the Violence Against Women Act (VAWA) amendments to the Clery Act) includes any violence committed by a person: (A) who is or has been in a social relationship of a romantic or intimate nature with the Complainant; and (B) where the existence of such a relationship shall be determined based on a consideration of the following factors: (i) (ii) the length of the relationship; the type of relationship; and (iii) the frequency of interaction between the persons involved in the relationship. Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse. Dating violence does not include acts covered under the definition of Domestic Violence. 2. Domestic Violence – (as defined in the VAWA amendments to the Clery Act), includes any violence committed by a current or former spouse or intimate partner of the Complainant, by a person with whom the Complainant shares a child in common, by a person who is cohabitating with or has cohabitated with the Complainant as a spouse or intimate partner, by a person similarly situated to a spouse of the Complainant under Pennsylvania’s domestic or family violence laws or by any other person against an adult or youth Complainant who is protected from that person’s acts under the domestic or family violence laws of Pennsylvania. 3. Retaliation – Any action, directly or through others, which is aimed to deter a reasonable person from reporting sexual misconduct or participating in an investigation or hearing or action that is done in response to such activities. This includes but is not limited to intimidation, threats, coercion, or discrimination against any individual (A) for the purpose of interfering with any right or privilege secured by Title IX of the Education Amendments of 1972 or its implementing regulations; or (B) because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding or hearing under this Policy. A finding of retaliation under this Policy is not dependent on a finding that the underlying sexual misconduct occurred. 4. Sexual Assault – (As defined in the Clery Act) – This includes any sexual act directed against another person, without the Consent of the Complainant, including instances where the Complainant is incapable of giving Consent. Sexual Assault may be one of the following categories: A. Sexual Penetration Without Consent Any penetration of the mouth, sex organs, or anus of another person, however slight by an object or any part of the body, when Consent is not present. This includes performing oral sex on another person when Consent is not present. 2 B. Sexual Contact Without Consent Knowingly touching or fondling a person’s genitals, breasts, buttocks, or anus, or knowingly touching a person with one’s own genitals or breasts, when Consent is not present. This includes contact done directly or indirectly through clothing, bodily fluids, or with an object. It also includes causing or inducing a person, when Consent is not present, to similarly touch or fondle oneself or someone else. C. Statutory Sexual Assault The age of consent for sexual activity in Pennsylvania is 16. Minors under the age of 13 cannot consent to sexual activity. Minors aged 13-15 years old cannot consent to sexual activity with anyone who is 4 or more years older than they are at the time of the activity. Minors aged 16 years or older can legally consent to sexual activity, as long as the other person does not have authority over them as defined in Pennsylvania’s institutional sexual assault statute[1]. 5. Sexual Exploitation Engaging in sexual behaviors directed toward or involving another person or use of another person’s sexuality for purposes of sexual gratification, financial gain, personal gain or personal advantage when Consent is not present. This includes, but is not limited to, the following actions, including when they are done via electronic means, methods or devices: A. Sexual voyeurism or permitting others to witness or observe the sexual or intimate activity of another person without that person’s Consent; B. Indecent exposure or inducing others to expose private or intimate parts of the body when Consent is not present; C. Recording or distributing information, images or recordings of any person engaged in sexual or intimate activity in a private space without that person’s Consent; D. Prostituting another individual; or E. Knowingly exposing another individual to a sexually transmitted disease or virus without that individual’s knowledge; and F. Inducing incapacitation for the purpose of making another person vulnerable to non-consensual sexual activity. 6. Sexual Harassment For purposes of this Policy, the term includes the defined violations of Regulatory Quid Pro Quo or Hostile Environment Sexual Harassment, Dating or Domestic Violence, Sexual Assault and Stalking. 7. Regulatory Quid Pro Quo Sexual Harassment An Employee conditioning the provision of aid, benefit or service of the University on an individual’s participation in unwelcome sexual conduct. 8. Non-Regulatory Quid Pro Quo Sexual Harassment An Official, Volunteer or Student conditioning the provision of aid, benefit or service of the University on the individual’s participation in unwelcome sexual conduct. 3 9. Regulatory Hostile Environment Sexual Harassment Unwelcome conduct, on the basis of sex, that a reasonable person would determine is so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the University’s Education Program or Activity.; 10. Non-Regulatory Hostile Environment Sexual Harassment Unwelcome conduct, on the basis of sex, that a reasonable person would determine is sufficiently severe, pervasive, and objectively offensive that it unreasonably interferes with, limits, or deprives an individual from participating in or benefitting from any educational, employment, social or residential program in offered connection with the University. 11. Stalking (as defined in the VAWA amendments to the Clery Act) Stalking means engaging in a course of conduct directed at a specific person that would cause a reasonable person to: A. fear for their safety or the safety of others; or B. suffer substantial emotional distress. A course of conduct is when a person engages in two or more acts that include, but are not limited to, acts in which the person directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveys, threatens, or communicates to or about a person in a prohibited way, or interferes with a person’s property. Stalking includes the concept of cyberstalking, in which electronic media such as the Internet, social networks, blogs, cell phones, texts, email or other similar devices or forms of contact are used to pursue, harass, or to make unwelcome contact with another person in an unsolicited fashion. Consent – A knowing and voluntary agreement to engage in specific sexual activity at the time of the activity. In order to be valid, Consent must be knowing, voluntary, active, present and ongoing. Consent is not present when it is the result of coercion, intimidation, force, or threat of harm. Consent is not present when an individual is incapacitated due to alcohol, drugs, or sleep, or otherwise without capacity to provide Consent due to intellectual or other disability or other condition. When alcohol is involved, incapacitation is a state beyond drunkenness or intoxication. When drug use is involved, incapacitation is a state beyond being under the influence of or impaired by the use of the drug. Alcohol and other drugs impact each individual differently. Determining whether an individual is incapacitated requires an individualized determination. When determining whether a person has the capacity to provide Consent, the University will consider whether a sober, reasonable person in the same position knew or should have known that the other party could or could not consent to the sexual activity. When determining whether Consent has been provided, all the circumstances of the relationship between the parties will be considered. ________________________________________ [1] The text of Chapter 31 of the Pennsylvania Crimes Code is available at https://bit.ly/305G9pu 4 IF YOU HAVE EXPERIENCED SEXUAL VIOLENCE, INTERPERSONAL VIOLENCE, OR STALKING Immediate Steps Contact the police who can put you in touch with resources, coordinate medical attention if necessary, and collect physical evidence of the crime for possible criminal prosecution if you choose to pursue criminal charges (even if this is determined later, the collection of evidence is important for presentation of the case). Get more info If you do not wish to contact the police immediately it is suggested that you do the following: • Go to a safe place. Your CA’s room, a friend’s room, or any open offices on campus. • Call someone you trust. A friend, family member, or advocate are good resources. You do not have to go through this alone. • Preserve evidence. After sexual violence, do not shower until you have considered whether to have a no-cost forensic sexual assault examination at the hospital and save the clothes you were wearing (unwashed) in a paper or cloth bag. After sexual violence, interpersonal violence or stalking, take photos of any damage or injury and keep communication records. Within 24 Hours • Seek out confidential support. You may want to turn to a confidential advocate or counselor for support and advice. They will talk with you about your options for additional support services and reporting. • After unwanted physical contact, get medical attention. A medical provider can check for and treat physical injury, sexually transmitted infections, and pregnancy. You do not need to make a formal report or press charges to receive medical care. At Any Time • Consider making a formal report. You are encouraged to report what happened to both the police and the Title IX Coordinator; Amy Salsgiver, Director of Social Equity. You can decide how much you would like to participate in any investigation process. • CU can help. Campus-based resources like Judicial Affairs can help you with changes to your housing, classes, work and more. You do not need to make a formal report or press charges to receive help from CU. 5 CLARION’S COMMITMENT TO A SAFE AND SUPPORTIVE COMMUNITY CU is committed to creating and maintaining a campus environment free from all forms of sexual violence, relationship violence and stalking. All reports are taken with the utmost seriousness. You are not alone. You do not have to make a formal report or press criminal charges to receive medical and academic support. The resources listed in this brochure, for both on and off campus, can help. Employee Reporting Under our Sexual Misconduct Policy and Complaint Procedure, most employees who witness or receive a report of sexual violence, interpersonal violence, or stalking must report the incident to the Title IX Coordinator. Exceptions include employees in the Center for Wellness and faculty members as outlined in the syllabus for the class. Under the Clery Act, many employees also have a duty under federal law to report crimes to Clarion University Police. The report includes the date, time and place of the incident, the report does not require the identity of the reporting party should they wish to remain anonymous. REPORTING AND INVESTIGATING Individuals reporting sexual violence are strongly encouraged to make a report to both the Police and the Title IX Coordinator for assistance and investigation. Reporting can help to ensure the safety of the reporting party and the campus community. Reporting parties may choose not to participate further in any internal University Investigation. Reports to University Police are investigated and the survivor has the option for the Police to stop the criminal investigation of the accused at any time. CLARION UNIVERSITY POLICE Available 24 hours a day, 7 days a week 945 Wood Street, Clarion, PA 16214 814-393-2111 or 911 • CU Police are responsible for all criminal investigations for on-campus crimes. • For off-campus crimes, state or local police are responsible for investigations. • If you are unsure where to call, start with University Police. 6 TITLE IX COORDINATOR Amy Salsgiver 210 Carrier Hall 814-393-2109 • Investigates Student Code of Conduct violations through Student Conduct/Student Engagement and Development when the responding party is a CU student. • Investigates incidents that occur on campus (Clarion/Venango) which fit the regulatory definition for a Title IX Formal Complaint. • All other reports involving unwanted or unwelcomed acts of a sexual nature falling outside the prevue of the Title IX process, and involve students, will be referred to the Student Conduct process to be investigated and addressed under the Student Code of Conduct. • Students and employees who violate university policies and conduct codes may be subject to discipline as outlined in the Student Code of Conduct or applicable HR policies and procedures. CONFIDENTIAL RESOURCES (ON CAMPUS) THE CENTER FOR WELLNESS—CLARION CAMPUS (Health Services, Counseling Services, AOD, & Student Health Assistant) 256 Becht Hall 814-393-2121 Provides medical care for reporting parties as well as counseling services. The Center for Wellness may also be able to assist connecting a student with off-campus resources. While reporting party’s conversation with any university employee will be kept private (not shared unnecessarily with others), only a conversation with a confidential resource can be kept confidential (will not be shared with anyone without express consent of the reporting party) DEPT. OF COUNSELING SERVICES—VENANGO CAMPUS 234 Montgomery Hall, Oil City, PA 16301 814-676-6591 Ext. 1281 from a campus phone CONFIDENTIAL RESOURCES (OFF CAMPUS) PASSAGES 415A, Wood Street, Clarion, PA 16214 814-226-7273 Hotline: 1-800-793-3620 Provides rape crisis intervention and short-term counseling for those reporting rape and sexual assault; prevention/education programs; and Legal and medical advocacy/accompaniment are available 24 hours/day. SAFE P.O. Box 108, 1302 East Main Street, Clarion, PA 16214 814-226-8481 Hotline: 1-800-992-3039 Offers free and confidential domestic violence services including: emergency shelter, options counseling, advocacy and accompaniment, community education, empowerment groups and bride housing program. 7 PPC Oil City-Main Office, 716 E. Second Street, Oil City, PA 16301 814-676-9940 Hotline: 1-800-243-4944 PPC Violence Free Network is a comprehensive victim service program. PPC works to prevent violence, protect victims and advocate for change in attitudes about victimization by providing prevention education programs, supportive services and by promoting social change in the community. PAAR-PITTSBURGH ACTION AGAINST RAPE 81 South 19th St., Pittsburgh, PA 15203 412-431-5665 Hotline: 1-866-363-7273 Respond, Educate, and Advocate to end sexual violence. Provides confidential assistance, advocacy and support in local emergency rooms, Legal advocacy, counseling, prevention, outreach and training. WOMEN’S CENTER & SHELTER OF GREATER PITTSBURGH 412-687-8005 ext. 1 -24 hours Hotline: 877-338-8255 Provides services related to intimate partner violence to the greater Pittsburgh area. WOMEN’S HELP CENTER INC. 124 N. Center Ave., Somerset, PA 15501 814-443-2824 NON-CONFIDENTIAL RESOURCES (ON CAMPUS) UNIVERSITY POLICE Wood Street, Clarion, PA 16214 814-393-2111 or 911 TITLE IX COORDINATOR/OFFICE OF SOCIAL EQUITY Amy Salsgiver 210 Carrier Hall 814-393-2109 STUDENT ENGAGEMENT AND DEVELOPMENT 271 Gemmell 814-393-1982 STUDENT CONDUCT & COMMUNITY DEVELOPMENT 265 Gemmell 814-393-1918 Assists students with understanding on and off campus resources, connecting with resources, and the student conduct process including an inquiry/ investgation into reported incidents. OFFICE OF SOCIAL EQUITY 210 Carrier Hall 814-393-2109 8 RESOURCES Emergency 911 CAMPUS RESOURCES OFFENDER RESOURCES University Police................................ 814-393-2111 Pathways/Project Point of Light for Venango County............814-678-0093 Counseling Services........................814-393-2255 Amy Salsgiver (Title IX Coordinator)......................814-393-2351 Health Services...................................814-393-2121 International Programs (Visa and Immigration).................814-393-2340 Office of Social Equity....................814-393-2109 Student Conduct............................... 814-393-1918 Student Financial Services.............814-393-2315 Behavioral Assessment Referral Team.................... www.clarion.edu/bart To learn about sexual misconduct violations and your rights as a student, visit the Student Conduct & Community Development website at www.clarion.edu/conduct. MEDICAL & PSYCHOLOGICAL ASSISTANCE Women’s Health Care, Clarion......814-226-800 Project Point of Light...................... 814-226-1159 COMMUNITY RESOURCES Clarion 24-Hour Hotline (PASSAGES)....................................800-793-3620 Clarion County Crisis Intervention Line..............................814-226-7223 Clarion Victim Assistance Programs..........................................800-793-3620 PASSAGES of Clarion......................814-226-7273 Pennsylvania Suicide Hotline...............................................800-784-2433 SAFE................................................. 800-992-3039 SAFE of Clarion................................ 814-226-8481 Venango Crisis/Hotline of Venango County.............................. 814-437-6871 Adagio Health, Venango.................. 814-676-1811 Pennsylvania Suicide Hotline...............................................800-784-2433 Clarion County Counseling Center................................................. 814-226-6252 Venango Victim Assistance Program........................................... 800-243-4944 Clarion Hospital...............................814-226-9500 UPMC Northwest.............................814-676-7600 LAW ENFORCEMENT Clarion Borough Police..................814-226-9140 LEGAL ADVOCACY Clarion University Police.................. 814-393-2111 Laurel Legal Services.....................814-226-4340 Oil City Police...................................814-678-3080 Protection from Abuse Assistance Clarion............................................... 814-226-8481 Venango.......................................... 814-676-5476 Pennsylvania State Police Clarion................................................ 814-226-1710 Venango.......................................... 814-676-6596 It is the policy of Clarion University of Pennsylvania that there shall be equal opportunity in all of its educational programs, services, and benefits, and there shall be no discrimination with regard to a student’s or prospective student’s gender, gender identity, race or color, ethnicity, national origin or ancestry, age, mental or physical disability, religion or creed, genetic information, affectional or sexual orientation, veteran status, or other classifications that are protected under Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, and other pertinent state and federal laws and regulations. Direct inquiries to the Title IX Coordinator/Director of Social Equity, 210 Carrier Administration Building 16214-1232; Email asalsgiver@clarion.edu or phone 814-393-2109. Inquiries may also be directed to the Director of the Office for Civil Rights, Department of Education, 330 Independence Avenue, SW, Washington, DC 20201. 8/20