Policy DE003: Harassment, Intimidation and Bullying
Recommended for Approval by:
Terrence Mitchel, Senior Associate Vice President and Chief
Diversity Officer
Approved by:
Dr. Dale-Elizabeth Pehrsson, President
Effective Date: 07/01/2022

A. Intent
This policy is intended to define harassment, intimidation, and institutional vandalism; to provide
information about these issues; to establish a mechanism for handling allegations of harassment
and intimidation that occur on campus or at campus sponsored events from current students,
employees, campus visitors and guests; and to address instances of institutional vandalism.
This policy shall be reviewed as dictated by changes in PASSHE policy or state and federal law.
B. Definition(s)
Harassment is Behavior consisting of physical or verbal conduct that is sufficiently severe or
pervasive such that it substantially interferes with an individual’s employment, education or
access to University programs, activities or opportunities and would detrimentally affect a
reasonable person under the same circumstances. Harassment may include, but is not limited
to, verbal or physical attacks, graphic or written statements, threats, or slurs. Whether the
alleged conduct constitutes prohibited harassment depends on the totality of the particular
circumstances, including the nature, frequency and duration of the conduct in question, the
location and context in which it occurs and the status of the individuals involved.
Additionally, harassment against any individual on the basis of race, sex/gender, color, age,
religion, ancestry, national origin, disability, organizational affiliation, sexual orientation,
gender stereotype, marital status, veteran status, or any other protected class status as
defined by applicable federal or state law is discriminatory. This includes harassing conduct
affecting tangible job benefits, interfering unreasonably with an individual’s work or
educational performance, or creating what a reasonable person would believe is an
intimidating, hostile, or offensive environment. Discriminatory Harassment is further defined
and covered under Policy DE002 - Non-Discrimination Policy
Intimidation or the act of intimidation is defined as behavior or conduct that intentionally or
knowingly puts another person in fear of imminent bodily injury.

Bullying is defined as any written, verbal or physical act, or any electronic communication,
directed toward a person that is intended to cause or that a reasonable person would know is
likely to cause, and that actually causes, physical harm or substantial emotional distress and
thereby adversely affects the ability of another person to participate in or benefit from the
university’s educational programs or activities.
Cyber-bulling is defined as an intentional electronic act of bullying as defined above.
C. Policy
The University is committed to creating and maintaining a campus environment that is free of
harassment, intimidation, and bullying. University policy prohibits committed acts that are severe or
pervasive enough to have the impact of unreasonably interfering with an individual’s ability to live,
learn, and work at Pennsylvania Western University. Such acts include, but are not limited to, acts of
bullying, including cyber-bullying, intimidation or danger to the person, criminal mischief,
harassment by communication or address and arson.
University policy, therefore, prohibits violence, harassment, intimidation, bullying, and intentionally
inciteful acts directed toward any individuals or groups regardless of protected class status as
defined by applicable federal or state law.
D. Procedure(s)
Confidentiality and Due Process
The Equity and Title IX Office will make every effort to ensure confidentiality and protect the due
process rights of the complainant and the respondent. Additionally, the complainant, respondent,
and witnesses are encouraged to maintain confidentiality consistent with the intent of the
University.
Both parties shall be informed by the investigator of the procedural steps taken during the course
of the complaint procedures and investigation.
This policy adheres to the due process rights contained within all Pennsylvania State System of
Higher Education collective bargaining agreements and Board of Governors Merit Principle Policy.
Retaliation Prohibited
Retaliation against any person who alleges harassment and/or intimidation or who reports or
assists the Equity and Title IX Office in the investigation of a complaint under this policy is
prohibited and may result in disciplinary action up to and including termination or expulsion from
the University.
Reporting Procedures
Reporting such allegations of unlawful or prohibited harassment, intimidation, or bullying should
occur as follows:
A. Report from: A current employee, including faculty members, staff members,
administrators, or student workers who believes s/he is the target of harassment and
other forms of prohibited discrimination.
Report to: Executive Director of Equity and Title IX or Associate Director of Equity and
Title IX.
B. Report from: A current student who believes s/he is the target of harassment and

other forms of prohibited discrimination.
Report to: Student Conduct Office or Associate Director of Equity and Title IX.
C. Report from: A campus visitor or guest, service contractor or provider, or other
individual who believes that s/he has been subjected to harassment and other forms
of prohibited discrimination by a current employee or student.
Report to: Executive Director of Equity and Title IX or Associate Director of Equity and
Title IX.
D. Report from: A student, campus visitor or guest, service contractor or provider, or
other individual who believes that s/he has been subjected to unlawful or prohibited
discrimination by the University President or a member of the President’s Executive
Council.
Report to: Office of the Chancellor
All individuals have an obligation to report any information they have pertaining to harassment,
including acts of bullying, or intimidation so that the matter may be addressed in a timely manner.
Some harassing behavior might violate criminal laws and, as such, individuals should feel free to
discuss any actions with the University Police Department.
The Role of Advisors
If a complainant or a respondent desires, s/he may be accompanied throughout the complaint
process and investigation by an individual who may advise and assist the complainant or
respondent throughout the complaint resolution process.
The advisor may be any individual from within the University community. The advisor may be an
attorney or union representative. Each party is responsible for coordinating and scheduling with
their advisor.
A complainant or respondent and an advisor may consult with each other, but the advisor does
not speak for or on behalf of the complainant or respondent.
Complaint Resolution Procedure
The purpose of complaint resolution is to investigate complaints of harassment, intimidation, or
bullying and to facilitate a formal resolution of the complaint based on a determination or finding
of a violation of this policy.
The procedure for complaints calls for prompt review followed by action intended to prevent any
harassment or intimidation. The complaint resolution process may result in disciplinary action.
Step 1: Filing a Complaint.
Complaints of harassment, intimidation, and/or bullying should be filed no later than 180
days after the alleged act or behavior. It is in the best interest of all, however, to conduct
a timely review of the circumstances of the alleged discriminatory act or behavior;
accordingly, complainants are urged to file complaints as soon as possible. Therefore,
individuals who have complaints of harassment and/or intimidation are encouraged to
come forward.
Complaints against University employees are filed with the Executive Director of Equity

and Title IX or Associate Director of Equity and Title IX. The Senior Associate Vice
President for Human Resources will be informed of any complaints that are filed.
Complaints against University students are handled through the student conduct process.
Complaints against University students, however, also should be reported to Associate
Director of Equity and Title IX. A report shall be made to the Assistant Vice President of
Student Affairs and Campus Life or his/her designee who will inform the complaining
individual about the student conduct process.
Complaints against the University President or any member of the President’s Executive
Council should be filed with the Office of the Chancellor.
Step 2: Form of Complaint.
The University strongly encourages complaints be in writing in order to ensure accuracy.
Any person may use the complaint form provided in this policy to file a complaint (see
APPENDIX A). The form, however, must be signed and dated by the complainant.
Unsigned written or anonymous complaints will be addressed and investigated as
warranted; however, the ability to substantiate unsigned or anonymous complaints is
compromised.
Step 3: Preliminary Inquiry.
Following receipt of a report of harassment, intimidation, or bullying, the Executive
Director of Equity and Title IX or their designee will promptly determine whether the
report is properly classified under this Policy. Absent unusual circumstances this process
should be completed within 5 days of the receipt of the complaint. Where a complaint
with a student as respondent alleges actions that do not fall within this policy, the
Executive Director of Equity and Title IX or their designee may refer the complaint to the
Inclusive Community Assessment Team (ICAT). Additional information about the ICAT can
be found here: https://www.clarion.edu/about-clarion/leadership/office-of-thepresident/office-of-diversity-equity-and-multicultural-affairs.html. Where a complaint
with an employee as respondent alleges actions that do not fall within this policy, the
Executive Director of Equity and Title IX or their designee may refer the complaint to the
Human Resources Office.
Step 4: Investigatory Review.
Investigatory reviews into allegations of harassment and/or intimidation, against
employees are normally conducted by the Executive Director of Equity and Title IX or their
designee.
Allegations of harassment and/or intimidation against students are handled through the
Student Conduct Office.
Upon receiving a complaint, the Associate Director of Equity and Title IX shall commence
an investigatory review of the allegations.
The investigatory review will be processed without undue delay absent exigent
circumstances.
Step 5: Investigation Completion.

At the conclusion of the investigatory review, the parties in a complaint shall receive
notification that an investigative report has been completed and forwarded to the
appropriate official for further action, if warranted.
Step 6: Determination.
For complaints against students, the Student Conduct Office will follow the Student Code of
Conduct process for hearings and conduct a hearing based on the information discovered
through the investigatory process in order to determine whether a violation of the Policy or
Student Code of Conduct has occurred.
For complaints against employees, the President or designee will decide what action will be
taken, including, but not limited to, the dismissal of the complaint or the imposition of
discipline. If the complainant and respondent wish to meet with the President prior to her
decision, he or she should so inform the President within five business days from the date
that he or she was informed of the Final Report. The President may convene a meeting with
the requesting party and the Office of Equity and Title IX and the Office of Human
Resources. The President will notify the respondent regarding the final outcome of the
complaint and the basis for the decision. The decision of the President shall be final. The
complainant will receive a letter from the Office of the President regarding the outcome of
the complaint and the basis of the decision, without providing specific details regarding the
resolution.
All records of the formal process, including the decision of the President, will be kept in
the Office of Equity and Title IX for three years. In the event of an adverse ruling against
the respondent, a copy of the decision of the President shall be placed in the
respondent’s personnel file.
Step 7: Policy Violation.
If a violation of this policy has occurred, timely disciplinary action will occur that may
range up to and including termination of employment or expulsion from the University in
accordance with University policy.
If a student is found to have harassed and/or intimidated another person(s), the student
will be disciplined in accordance with the Student Code of Conduct and employees will be
disciplined under the appropriate collective bargaining agreement, or, in the event of a
management employee, as appropriate in accordance with Board of Governors Policy
(Merit Principles).
Counseling
Upon request, counseling is available to any employee or student who believes that s/he has been
subjected to any form of harassment or intimidation.
Current University students may contact Wellness Services:
Edinboro Campus

Clarion Campus

California Campus

Ghering Health and Wellness
Counseling 814-732-2252
Student Health Services

Becht Hall
Counseling 814-393-2255
UPMC Health Services

Carter Hall
Counseling 724-938-4056
Student Health Center

814-732-2743

814-393-2121

724-938-4232

Current University employees may obtain counseling services through the State Employees
Assistance Program (SEAP) at 800-692-7459.
Additional Rights
Individuals are encouraged to use these complaint procedures but are not required to do so and
may choose to pursue other civil and legal options.
This policy is not intended to and will not be applied in a way that would violate rights to academic
freedom and freedom of expression, nor will it be interpreted in a way that undermines a
supervisor’s authority to appropriately manage their work unit. This definition reserves to the
University, in furtherance of its educational mission, the right to address conduct that would not
necessarily be unlawful. It is not intended to create individual or group rights, whether contractual
or otherwise, that do not exist under law.
The procedures set forth in this policy are not intended to interfere with any legal rights under
the statutes of the Commonwealth of Pennsylvania or the United States of America. In addition, it
is not intended to interfere with any rights an employee may have under their appropriate
collective bargaining agreement.
Training
Employee training as to the contents of this policy shall occur annually. Additionally, new
employees will be informed of this policy in New Employee Orientation within sixty (60) days of
commencing employment and are required to participate in further training annually thereafter.
Additionally, current University students shall be educated on this policy annually.
Dissemination of Policy
This policy shall be disseminated to employees and students in a manner that makes the
information readily accessible. The method of dissemination can include but not be limited to
electronically, within employee and student handbooks, and/or via University website.
A current copy of this policy is posted to the online University Policy Manual. Hard copies of this
policy may be obtained from the Associate Director of Social Equity and Title IX.
E. Related policies
DE001 - Sex Discrimination and Sexual Misconduct Policy
DE002 - Non-Discrimination Policy
Student Code of Conduct
F. Contact Information
Edinboro Campus

Clarion Campus

California Campus

Andrew Matt

Amy Salsgiver

Amy Salsgiver

amatt@pennwest.edu

asalsgiver@pennwest.edu

asalsgiver@pennwest.edu

213 Reeder Hall

423 Becht Hall

423 Becht Hall

Edinboro Campus Police
911 Scotland Road
Edinboro, PA 16444
814-732-2921

Clarion Campus Police
945 Wood Street
Clarion, PA 16214
814-393-2111

California Campus Police
250 University Avenue
Pollock Maintenance and
Police Building
California, PA 15419
724-392-5704

G. Policy Review Schedule
All policies will be reviewed every two years or on an as needed basis if a change in BOG, PASSHE or
Pennsylvania law would create the need for an immediate change.

Appendix A
COMPLAINT FORM
Complainant Name: (Last Name, First Name, MI)

Date:

Address:
City:
Telephone Number:

State:

Zip Code:

Check One: □ Student

□ Employee

Specifics of complaint (describe below, including any dates of alleged discrimination.)

(Attach Additional Pages as Necessary)
If you wish, please describe any corrective action you would like to see taken with regards to possible
discriminatory conduct.

(Attach Additional Pages as Necessary)

Signature of Complainant