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Policy DE001: Sexual Misconduct Policy and Procedure
Recommended for Approval by:
Terrence Mitchel, Senior Associate Vice President and Chief
Diversity Officer
Approved by:
President Dale-Elizabeth Pehrsson, PennWest Executive Cabinet
Effective Date: 07/01/2022
INTRODUCTION..........................................................................................................................3
1.
Purpose of Policy .............................................................................................................3
2.
Prohibited Behaviors ......................................................................................................4
3.
Title IX, VAWA and Nondiscrimination ......................................................................4
4.
Statement on Privacy and Confidentiality ....................................................................5
5.
Disability Accommodations............................................................................................7
6.
Free Expression and Academic Freedom .....................................................................7
7.
Alcohol and Drug Use Amnesty for Students ...............................................................7
8.
Scope of Policy .................................................................................................................7
9.
Burden of Proof ...............................................................................................................8
10.
Standard of Proof ............................................................................................................8
11.
Effective Date ..................................................................................................................8
12.
Impact on other Policies or Processes ...........................................................................8
13.
Revocation by Operation of Law ...................................................................................8
SEXUAL MISCONDUCT DEFINITIONS .................................................................................9
OTHER DEFINITIONS..............................................................................................................12
REPORTING SEXUAL MISCONDUCT .................................................................................15
1.
Reports the Title IX Coordinator ................................................................................15
2.
Electronic and Anonymous Reporting ........................................................................16
3.
Filing a Formal Complaint...........................................................................................17
4.
Criminal Reporting Options ........................................................................................17
5.
External Reporting Options .........................................................................................18
6.
Truthfulness...................................................................................................................18
7.
Multiple Party Complaints...........................................................................................18
UNIVERSITY REPORTING OBLIGATIONS ........................................................................19
1.
Mandated Reporting Obligations of University Officials, Volunteers and
Employees ......................................................................................................................19
2.
University Obligations Regarding Timely Warnings ................................................19
JURISDICTION AND DISMISSALS .......................................................................................19
EMERGENCY REMOVAL FOR STUDENTS ........................................................................20
ADMINISTRATIVE LEAVE FOR EMPLOYEES .................................................................20
INFORMAL RESOLUTION PROCESS ..................................................................................21
SEXUAL MISCONDUCT RESOLUTION PROCESS ...........................................................21
1.
Formal Complaint.........................................................................................................21
2.
Notice of Allegations .....................................................................................................21
3.
Determining Jurisdiction and Mandatory Dismissal for Certain Allegations ........22
4.
Discretionary Dismissals for All Allegations ..............................................................23
5.
Allegations Potentially Falling Under Two Policies ...................................................23
6.
Notice of Dismissal ........................................................................................................23
7.
Investigation ..................................................................................................................24
8.
9.
A.
General Rules of Investigations ..........................................................................24
B.
Inspection and Review of Evidence ....................................................................24
General Rules of Hearings ...........................................................................................26
A.
Notice of Hearing .................................................................................................26
B.
Hearing..................................................................................................................27
C.
Continuances or Granting Extensions ...............................................................28
D.
Participants in the Hearing .................................................................................28
E.
Hearing Procedures .............................................................................................28
F.
Relevant evidence and questions ........................................................................29
G.
Cross-Examination ..............................................................................................29
Decisions.........................................................................................................................30
A.
General Considerations for Evaluating Testimony and Evidence ..................30
B.
Timeline for Decision ...........................................................................................31
C.
10.
11.
Finality ..................................................................................................................31
Disciplinary Sanctions Against Students ....................................................................31
A.
Possible Disciplinary Sanctions .........................................................................31
B.
Previous Disciplinary Sanctions .........................................................................33
C.
Timing ...................................................................................................................33
Disciplinary Sanctions Against Employees, Officials and Volunteers .....................33
A.
Possible Disciplinary Sanctions ..........................................................................33
B.
Timing ...................................................................................................................33
12.
Appeals by Where the Respondent is a Student ........................................................33
13.
Appeals Where the Respondent is an Employee ........................................................34
RIGHTS/RESPONSIBILITIES .................................................................................................35
REVISION HISTORY ................................................................................................................36
INTRODUCTION
1. Purpose of Policy
Title IX of the Education Amendments of 1972 prohibits any person in the United States from
being discriminated against on the basis of sex in seeking access to any educational program or
activity receiving federal financial assistance. The U.S. Department of Education, which enforces
Title IX, has long defined the meaning of Title IX’s prohibition on sex discrimination broadly to
include various forms of sexual harassment and sexual violence that interfere with a student’s
ability to equally access educational programs and opportunities.
On May 19, 2020, the U.S. Department of Education issued a Final Rule under Title IX of the
Education Amendments of 1972 1 that:
• Defines the meaning of “sexual harassment” (including forms of sex-based violence) that
are reflected in the definitions of Regulatory Quid Pro Quo, Regulatory Hostile
Environment Sexual Harassment, Regulatory Dating Violence, Regulatory Domestic
Violence, Regulatory Sexual Assault and Regulatory Stalking included as Regulatory
Prohibited Conduct under this Policy
• Addresses how the University must respond to reports of misconduct falling within the
definitions of Regulatory Prohibited Conduct under this Policy, and
• Mandates a grievance (or resolution) process the University must follow before issuing
disciplinary sanctions against a person accused of Regulatory Prohibited Conduct under
this Policy.
The full text of the Final Rule and its extensive Preamble is available here:
http://bit.ly/TitleIXReg
1
Throughout this Policy, violations are generally termed as “Regulatory” consistent with the
Department of Education’s Final Rule under Title IX of the Education Amendments of 1972,
when the behavior occurs in the United States, within an Education Program or Activity and
when the Complainant is participating or seeking to participate in an Education Program or
Activity at the time of the filing of the Formal Complaint. For quid pro quo sexual harassment
allegations, the designation of “Regulatory” is dependent on the employment of the
Respondent. For hostile environment sexual harassment allegations, the designation of
“Regulatory” is dependent on the impact of the unwelcome conduct on the individual targeted.
In addition to federal legislative requirements, Act 16 of 2019 2 of the General Assembly of
Pennsylvania requires all postsecondary institutions in the Commonwealth of Pennsylvania to
adopt a clear, understandable written policy on sexual harassment and sexual violence that
informs victims of their rights under federal and state law, including the crime victims bill of
rights.
2. Prohibited Behaviors
The University prohibits all Sexual Misconduct Violations, as defined in this Policy. This
prohibited conduct can affect all genders, gender identities and sexual orientations. Some of
these prohibited forms of conduct may also be crimes under Pennsylvania or federal law.
The University will promptly and equitably respond to all reports of sexual misconduct in order
to eliminate the misconduct, prevent its recurrence, and redress its effects on any individual or
the community.
3. Title IX, VAWA and Nondiscrimination
The University prohibits any form of discrimination or harassment on the basis of sex, race,
color, age, religion, national or ethnic origin, sexual orientation, gender identity or expression,
pregnancy, marital or family status, medical condition, genetic information, veteran status, or
disability in any decision regarding admissions, employment, or participation in a University
program or activity in accordance with the letter and spirit of federal, state, and local nondiscrimination and equal opportunity laws, such as Titles VI and VII of the Civil Rights Act of
1964, Title IX of the Education Amendments of 1972, the Age Discrimination in Employment
Act, the Americans with Disabilities Act and ADA Amendments Act, the Equal Pay Act, and
the Pennsylvania Human Relations Act.
The University also complies with the Jeanne Clery Disclosure of Campus Security Policy and
Campus Crimes Statistics Act, as amended by the Violence Against Women Act (VAWA).
Title IX prohibits retaliation for asserting or otherwise participating in claims of sex
discrimination. VAWA imposes additional duties on universities and colleges to investigate and
respond to reports of sexual assault, stalking, and dating or domestic violence, and to publish
policies and procedures related to the way these reports are handled. The University has
designated the Title IX Coordinator with assistance of the Deputy Title IX Coordinators, to
2
The text of Act 16 of 2019 is available here: https://bit.ly/3f7DAr6
coordinate the University’s compliance with Title IX and VAWA and to respond to reports of
violations. The University has directed the University Chief of Police to coordinate the
University’s compliance with the VAWA-related Clery reporting requirements.
4. Statement on Privacy and Confidentiality
The University is committed to protecting the privacy of all individuals involved in a report of
sexual misconduct. Every effort will be made to protect the privacy interests of all individuals
involved. Privacy, confidentiality and privilege have distinct meanings under this Policy.
Privacy generally means that information related to a report of sexual misconduct will only be
shared with a limited circle of individuals, including individuals who “need to know” in order to
assist in the review, investigation, or resolution of the report or to deliver resources or support
services. While not bound by confidentiality or privilege, these individuals will be discreet and
respect the privacy of all individuals involved in the process. All participants in an investigation
of sexual misconduct under this Policy, including Advisors and Witnesses, will be informed that
privacy helps enhance the integrity of the investigation and protect the privacy interests of the
parties, however, nothing in this Policy is intended to impose restraints on a party’s ability to
discuss the allegations under investigation or to gather and present evidence as part of the
resolution process.
Certain individuals are designated as having confidentiality. For reports made to employees
designated with having confidentiality, the University will respect the reporting party’s
expectations of privacy to the extent permissible by law while still ensuring compliance with other
reporting obligations such as mandatory reporting obligations concerning abuse, including sexual
misconduct, involving minors. See Mandated Reporting Obligations of University Officials,
Volunteers and Employees under the University Reporting Obligations Section for more
information.
Individuals designated as having confidentiality are required to report the nature, date, time and
general location of an incident to the Title IX coordinator. Individuals designated as having
confidentiality will not share other information with the Title IX Coordinator or any other
employee of the University without the express permission of the disclosing party. Individuals
designated as having confidentiality can provide information about the University and offcampus resources, support services and other options. As noted above, because of the
confidential nature of these resources, disclosing information to or seeking advice from a
confidential resource does not constitute a report or Formal Complaint to the University and will
not result in a response or intervention by the University. A person consulting with a confidential
resource may decide to make a report to the University and/or law enforcement. A link to these
resources can be found:
https://www.calu.edu/student-life/health-wellness.aspx
California Campus
https://www.calu.edu/inside/campus-safety/anonymous-witness.aspx
https://www.clarion.edu/student-life/health-fitness-and-wellness/
Clarion Campus
https://www.clarion.edu/about-clarion/offices-andadministration/university-support-and-business/office-of-socialequity/complaint-form.html
https://www.edinboro.edu/life-at-the-boro/health-andwellness/ghering/index.php
Edinboro Campus
https://cm.maxient.com/reportingform.php?PennWestUniv&layout_id=38
Communication with certain individuals may be privileged by operation of law and reports made
to these individuals will not be shared with the University Title IX Coordinator or law
enforcement except in very limited situations, such as when failure to disclose the information
would result in imminent danger to the individual or to others or as otherwise required by law. A
link to these resources can be found:
https://www.calu.edu/student-life/health-wellness.aspx
California Campus
https://www.calu.edu/inside/campus-safety/anonymous-witness.aspx
https://www.clarion.edu/student-life/health-fitness-and-wellness/
Clarion Campus
Edinboro Campus
https://www.clarion.edu/about-clarion/offices-andadministration/university-support-and-business/office-of-socialequity/complaint-form.html
https://www.edinboro.edu/life-at-the-boro/health-andwellness/ghering/index.php
https://cm.maxient.com/reportingform.php?PennWestUniv&layout_id=38
All University proceedings are conducted in compliance with the requirements of the Family
Educational Rights and Privacy Act (FERPA), the Clery Act, Title IX of the Education
Amendments of 1972 (“Title IX”), Violence Against Women Act (VAWA), state and local law,
and University policy. No information will be released from such proceedings, except as required
or permitted by law and University policy.
The University may share non-identifying information about reports received in aggregate form,
including data about outcomes and Disciplinary Sanctions.
5. Disability Accommodations
This Policy does not alter any obligations of the University under federal disability laws
including the Americans with Disabilities Act of 1990, and Section 504 of the Rehabilitation Act
of 1973. Parties may request reasonable accommodations for disclosed disabilities at any point
before or during the resolution process that do not fundamentally alter the process. Requests for
accommodations may be made to the Title IX Coordinator and may be referred to another
appropriate party or office on campus. The Title IX Coordinator will not affirmatively provide
disability accommodations that have not been specifically requested by the Parties, even where
the Parties may be receiving accommodations in other University programs and activities.
6. Free Expression and Academic Freedom
The University is firmly committed to free expression and academic freedom and to creating and
maintaining a safe, healthy, and harassment-free environment for all members of its community.
Sexual misconduct, including retaliation, against members of the University is not protected
expression nor the proper exercise of academic freedom. The University will consider principles
of free expression and academic freedom in the investigation of reports of sexual misconduct or
retaliation that involve an individual’s statements or speech.
7. Alcohol and Drug Use Amnesty for Students
The health and safety of every student at the University is of utmost importance. The University
recognizes that students who have been drinking and/or using drugs (whether such use is
voluntary or involuntary) at the time sexual misconduct occurs may be hesitant to report such
incidents due to fear of potential consequences for their own conduct. The University strongly
encourages students to report incidents of sexual misconduct. A witness to or individual who
experiences sexual misconduct, acting in good faith, who discloses any incident of sexual
misconduct to University officials or law enforcement will not be sanctioned under the
University’s Code of Conduct for violations of alcohol and/or drug use policies occurring at or
near the time of the incident(s) of sexual misconduct. The University may require the individual
attend an approved alcohol or drug education program and without assessing any charges for
such program. Amnesty does not preclude or prevent action by police or other legal authorities
pursuant to relevant state or federal criminal statutes.
8. Scope of Policy
This Policy applies to all on campus and off-campus conduct that is likely to have a substantial
adverse effect on any member of the University community. There is no time limit for reporting
allegations of sexual misconduct, however, the University strongly encourages the prompt
reporting of sexual misconduct to allow the University to respond promptly and effectively. If
the reported Respondent is not a member of the University community or is no longer
associated with the University at the time of the report or at the time a resolution process is
initiated, the University may be unable to investigate or take disciplinary action and may be
required to dismiss the Formal Complaint for a lack of jurisdiction. See the Jurisdiction and
Dismissals section.
Please see the Reporting Sexual Misconduct section below for more information on how and
where to report misconduct, discrimination and/or harassment, or to file a Formal Complaint.
9. Burden of Proof
The burden of proof refers to who has the responsibility of showing a violation has occurred. It
is always the responsibility of the University to satisfy the burden of proof. The Respondent does
not have the burden to prove that a violation did not occur. Respondents may decide not to
share their side of the story or may decide not to participate in an investigation or hearing. This
does not shift the burden of proof away from the University and does not indicate
responsibility. Additionally, Decision-Maker(s) shall not make an adverse inference against a
Respondent for the Respondent’s refusal to participate in an investigation or hearing, nor will
Respondent’s refusal to participate result in increased sanctions if the Respondent is found
responsible for the violation(s).
10. Standard of Proof
Consistent with requirements set forth in the Pennsylvania Code pertaining to student
disciplinary due process requirements, the University will use the preponderance of the
evidence standard in investigations of formal complaints alleging sexual misconduct violations
under this Policy. This means that the individual(s) charged with making a finding must
determine whether it is more likely than not that a violation of the Policy occurred.
11. Effective Date
Based on the Final Rule, this Policy will be effective August 14, 2020.
12. Impact on other Policies or Processes
As used in this Policy, sexual misconduct may also encompass criminal conduct under
Pennsylvania and/or federal law. Additionally, sexual misconduct under this Policy may result in
civil and/or administrative or legal consequences.
13. Revocation by Operation of Law
Applicability of the Title IX Final Rule, 85 Fed. Reg. 30026 (May 19, 2020), is subject to future
legislative or court actions. Should any portion of the Title IX Final Rule be set aside, stayed or
held invalid by a court of law, or should the Title IX Final Rule be withdrawn or modified to not
require any of the elements of this Policy, this Policy, or the invalidated elements of this Policy,
will be deemed revoked as of the publication date of the opinion or order and for all reports after
that date, as well as any elements of the process that occur after that date if a case is not complete
by that date of opinion or order publication.
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)
the length of the relationship; (ii) 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.
Dating Violence is categorized as Regulatory when it occurs in the United States, within an
Education Program or Activity and when the Complainant is participating or seeking to
participate in an Education Program or Activity at the time of the filing of the complaint.
Otherwise, Dating Violence will be categorized as Non-Regulatory.
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.
Domestic Violence is categorized as Regulatory when it occurs in the United States, within an
Education Program or Activity and when the Complainant is participating or seeking to
participate in an Education Program or Activity at the time of the filing of the complaint.
Otherwise, Domestic Violence will be categorized as Non-Regulatory.
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.
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 of age 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 3.
Sexual Assault is categorized as Regulatory when it occurs in the United States, within an
Education Program or Activity and when the Complainant is participating or seeking to
participate in an Education Program or Activity at the time of the filing of the complaint.
Otherwise, Sexual Assault will be categorized as Non-Regulatory.
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;
E. Knowingly exposing another individual to a sexually transmitted disease or virus
without that individual’s knowledge; or
F. Inducing incapacitation for the purpose of making another person vulnerable to nonconsensual sexual activity.
3
The text of Chapter 31 of the Pennsylvania Crimes Code is available here
https://bit.ly/305G9pu
6. Regulatory Prohibited Conduct – For purposes of this Policy, the term includes the defined
violations of Regulatory Quid Pro Quo, Regulatory Hostile Environment Sexual Harassment,
Regulatory Dating Violence, Regulatory Domestic Violence, Regulatory Sexual Assault and
Regulatory 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.
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) 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.
Stalking is categorized as Regulatory when it occurs in the United States, within an
Education Program or Activity and when the Complainant is participating or seeking to
participate in an Education Program or Activity at the time of the filing of the complaint.
Otherwise, Stalking will be categorized as Non-Regulatory.
OTHER DEFINITIONS
1. Advisor - An individual who may be present to provide support to a Party throughout an
investigation and/or hearing.
A. Advisors may accompany a Party to any meeting or hearing they are required or eligible to
attend, but may not speak for the Party, except for the purposes of cross-examination.
B. Each party is responsible for coordinating and scheduling with their choice of Advisor.
C. The Advisor of choice may be an attorney or a union representative (when applicable) or
other individual selected by the party.
D. If a party does not have an Advisor of choice present for a hearing, the University will
appoint an Advisor for the limited purposes of asking questions and conducting crossexamination.
E. If a Party does not attend the hearing, the Party’s Advisor may appear and ask questions or
conduct cross-examination on the Party’s behalf.
F. The Advisor is not prohibited from having a conflict of interest or bias in favor of or against
a Party, nor is the Advisor prohibited from being a Witness in the Sexual Misconduct
Resolution Process.
2. Appeals Officer – The individual or individuals with the authority under law or otherwise
appointed by the University to decide appeals. The Appeals Officer will be free of conflict of
interest and bias, and will not serve as the Investigator, Title IX Coordinator, Advisor to any
Party or a Decision Maker in the same matter.
3. Complainant – An individual who has reported being or is alleged to be subjected to conduct
that could constitute covered sexual misconduct as defined under this Policy.
4. Consent – A knowing and voluntary agreement to engage in specific sexual activity at the time
of the activity communicated through clear actions and/or words that are mutually understood.
In order to be valid, Consent must be 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. Consent
can be withdrawn at any time and consent to one form of sexual activity is not necessarily
consent to other forms of sexual activity.
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.
5. Decision Maker(s) - The individual or individuals appointed by the University to render a
decision on a Formal Complaint that goes to a hearing. The Decision Maker(s) will be free of
conflict of interest and bias, and will not serve as the Investigator, Title IX Coordinator, an
Advisor to any Party or Appeals Officer in the same matter.
6. Disciplinary Sanction - The penalty imposed on an individual for violating this Policy. For
Students, Disciplinary Sanctions are subject to applicable University/System policies, up to
and including expulsion from the University. For Employees, Disciplinary Sanctions are
subject to applicable collective bargaining agreement or University/System policies, up to and
including separation from employment. For Officials or Volunteers, this may include the
removal or the request for removal of the Official or Volunteer from their respective position.
7. Education Program or Activity – For purposes of this Policy, the term “Education Program
or Activity” includes any activity that occurs in, on or within:
A. Any on-campus premises;
B. Any off-campus premises the University has substantial control over. This includes
buildings or property owned or controlled by a recognized student organization or a
recognized affiliated entity.
C. Computer and internet networks, digital platforms, and computer hardware or software
owned or operated by, or used in the operations of the University’s programs and activities
over which the University has substantial control.
8. Employee - An individual who is employed by the State System (either at a State System
University or in the Office of the Chancellor) including, but not limited to, faculty members,
coaches, staff, managers and student employees.
9. Final Rule – The Final Rule issued on May 19, 2020 by the U.S. Department of Education
under Title IX of the Education Amendments of 1972
10. Formal Complaint - means a document, including an electronic submission, filed by a
Complainant with a signature or other indication that the Complainant is the person filing the
Formal Complaint, or signed by the Title IX Coordinator, alleging sexual misconduct against
a Respondent and requesting initiation of the process set forth in this Policy to investigate the
allegation of sexual misconduct.
11. Hearing Officer – The individual, usually the Director of Student Conduct, who facilitates the
hearing, maintains decorum, and upholds procedure during the hearing. During a Hearing, the
Hearing Officer is not a Decision Maker and is a non-voting participant in the Hearing.
12. Investigator - The Title IX Coordinator or the individual designated by the Title IX
Coordinator to perform an investigation under this Policy. The Investigator may not have a
conflict of interest or bias for or against an individual party, or for or against complainants or
respondents in general. The Investigator may not serve as a Decision Maker, Appeals Officer
or Advisor to any Party in the same matter.
13. Notice of Allegations – The written notice the Title IX Coordinator or designee is required to
provide to the Parties following receipt of a Formal Complaint. See Notice of Allegations
section below.
14. Notice of Hearing – The written notice the Title IX Coordinator, Hearing Officer, or other
designee is required to provide the Parties prior to the hearing. See Notice of Hearing section
below.
15. Official - A member of a Council of Trustees or of the Board of Governors or their respective
designees.
16. Parties or Party - A term that refers to the Complainant and the Respondent collectively or
the Complainant or Respondent individually.
17. Respondent - Any individual who has been reported to be the perpetrator of conduct that could
constitute sexual misconduct as defined under this Policy.
18. Student – Any person: (1) seeking admission to the University through the formal University
application process; (2) admitted to the University, (3) eligible to register or schedule for
classes, or (4) living in University residence halls even though they are not enrolled at the
University. The term “Student” shall include Employees, Volunteers and Officials where the
Employee, Volunteer or Official otherwise meets the enrollment criteria set forth in this
definition.
19. Supportive Measures – Non-disciplinary and non-punitive individualized services designed
to restore or preserve access to the University’s Education Programs or Activities without
unduly burdening the other Party. Supportive Measures will be offered, as appropriate, to the
Complainant or the Respondent, regardless of whether a Formal Complaint is filed. Supportive
Measures may include, but are not limited to counseling, extensions of deadlines or other
course-related adjustments, modifications of work or class schedules, campus escort services,
restrictions on contact between the parties (no contact orders), changes in work or housing
locations, leaves of absence, and increased security and monitoring of certain areas of the
campus.
20. Title IX Coordinator – The individual designated by the University, with assistance of the
Deputy Title IX Coordinators, to coordinate the University’s compliance with Title IX and
VAWA and to respond to reports of violations. The Title IX Coordinator may not have a
conflict of interest or bias for or against an individual party, or for or against complainants or
respondents in general. The Title IX Coordinator may serve as the Investigator of a Formal
Complaint, including for Formal Complaints against Respondents who are Employees. The
Title IX Coordinator or Deputy Title IX Coordinator may not serve as a Decision Maker,
Appeals Officer or as an Advisor to any Party.
21. Volunteer - A recognized volunteer or any individual who represents or acts on behalf of the
university or whose actions may bind the university, regardless of whether the individual
receives monetary or other compensation. For purposes of this Policy, employees and officials
of recognized affiliated entities, ROTC instructors, visiting professors and unpaid camps and
conference personnel will be considered volunteers.
22. Witness – A person who has knowledge related to specific aspects of a case and may have
reported such aspects to the institution.
REPORTING SEXUAL MISCONDUCT
Any individual, including a third party, may make a report concerning sexual misconduct.
Complainants and third-parties are encouraged to report sexual misconduct as soon as possible
to allow the University to respond promptly and effectively.
The Title IX Coordinator (or designee) the Dean of Students, Senior Vice President for
Institutional Effective (or designee), Senior Associate Vice President for Human Resources,
and University President (or designee) have has authority to institute corrective measures for
reports of alleged violations of this Policy. Mandated reports to the Title IX Coordinator by
Officials, Volunteers and Employees shall not automatically result in corrective measures being
instituted. Individuals are encouraged to report sexual misconduct directly to the Title IX
Coordinator, through the University’s electronic and anonymous reporting systems or by filing
a Formal Complaint.
1. Reports to the Title IX Coordinator
Any person may report sex discrimination, including sexual misconduct (whether or not the
person reporting is the person alleged to be the person subjected to conduct that could constitute
sex discrimination or sexual misconduct), in person, by mail, by telephone, or by electronic
mail, using the contact information listed for the Title IX Coordinator, or by any other means
that results in the Title IX Coordinator receiving the person’s verbal or written report.
Name: Amy Salsgiver
Title: Executive Director of Social Equity and Title IX
Office Address: 423 Becht Hall Clarion, PA 16214
Email Address: asalsgiver@pennwest.edu
Telephone Number: 814-393-2109
On Campus Reporting Locations:
Edinboro Campus
Clarion Campus
California Campus
Andrew Matt
Amy Salsgiver
Sheleta Camarda-Webb
amatt@pennwest.edu
asalsgiver@pennwest.edu
camardawebb@pennwest.edu
213 Reeder Hall
423 Becht Hall
426 Dixon Hall
Such a report may be made at any time (including during non-business hours) by using the
telephone number or electronic mail address, or by mail to the office address listed for the Title
IX Coordinator.
The University’s Title IX Coordinator is trained to work with individuals who report sexual
misconduct and have knowledge about resources and services, both on and off campus,
including the availability of Supportive Measures.
If a report of misconduct discloses a serious or immediate threat to the campus community, the
University will issue a timely warning to the community to protect the health or safety of the
community. The timely warning will not include any identifying information about the
Complainant.
PLEASE NOTE: Title IX Coordinators are not a confidential source of support. While they will
address matters reported with sensitivity and will keep your information as private as possible,
confidentiality cannot be guaranteed. To speak with an individual designated as having
confidentiality, please contact Wellness Services:
Edinboro Campus
Clarion Campus
California Campus
McNerny Hall
Becht Hall
Carter Hall
Counseling 814-732-2252
Counseling 814-393-2255
Counseling 724-938-4056
Student Health Services
UPMC Health Services
Student Health Center
814-393-2121
724-938-4232
814-732-2743
PLEASE ALSO NOTE: Making a report is different from filing a Formal Complaint (see the
section titled Filing a Formal Complaint). A report is defined as notification of an incident of
sexual misconduct to the Title IX Coordinator or designee by any person. A report may be
accompanied by a request for (1) Supportive Measures; (2) no further action; (3) filing a Formal
Complaint a request to initiate an informal resolution process; and/or (4) a request to initiate an
informal resolution process after filing a Formal Complaint. Filing a Formal Complaint initiates
the University’s formal investigation process. (See Sexual Misconduct Resolution Process).
2. Electronic and Anonymous Reporting
You may also file a report about sexual misconduct using the appropriate links below. While
anonymous reports are accepted, the University’s ability to address misconduct reported
anonymously is significantly limited.
Individuals may use this
https://cm.maxient.com/reportingform.php?PennWestUniv&layout_id=38
to electronically file a report of sexual misconduct with the University.
Individuals may also file a report electronically by email to: asalsgiver@pennwest.edu
3. Filing a Formal Complaint
The timeframe for the Sexual Misconduct Resolution Process under this Policy begins with the
filing of a Formal Complaint and will be concluded within a reasonably prompt manner, and
usually no longer than 90 days after the filing of the Formal Complaint, provided that the Process
may be extended for a good reason, as set forth more fully in the Continuances and Granting
Extensions section. Appeals may extend the timeframe for resolution.
To file a Formal Complaint, a Complainant must provide the Title IX Coordinator a written, signed
complaint describing the facts alleged.
If a Complainant does not wish to make a Formal Complaint, the Title IX Coordinator may
determine a Formal Complaint is necessary. The University will inform the Complainant of this
decision in writing, and the Complainant need not participate in the process further, but will receive
all notices issued under this Sexual Misconduct Resolution Process. PLEASE NOTE: The Title
IX Coordinator does not lose impartiality solely due to signing a Formal Complaint.
A Complainant who files a Formal Complaint may elect, at any time, to address the matter through
the Informal Resolution Process (see the Informal Resolution section below).
4. Criminal Reporting Options
Edinboro Campus
Clarion Campus
California Campus
Penn West Edinboro Police
911 Scotland Road
Edinboro, PA 16444
814-732-2921
Penn West Clarion Police
945 Wood Street
Clarion, PA 16214
814-393-2111
Borough of Edinboro
Police Department
124 Meadville Street
Edinboro, PA 16412
814-734-1712
Penn West California Police
420 Hickory Street
Building B
California, PA 15419
724-938-4299
Clarion Borough Police
1400 East Main Street
Clarion, PA 16214
814-226-7707
California Borough Police
225 Third Street
California, PA 15419
724-938-3233
Pennsylvania State Police
Troop E
4320 Iroquois Avenue
Erie, PA 16511
814-898-1641
Pennsylvania State Police
2090 Commerce Road
Clarion, PA 16214
814-226-1710
Pennsylvania state Police
Troop B-Belle Vernon
560 Circle Drive
Belle Vernon, PA 15012
724-929-6262
PLEASE NOTE: The University’s policy, definitions, and burden of proof may differ from
Pennsylvania criminal law. Neither law enforcement’s decision whether to prosecute, nor the
outcome of any criminal prosecution, is determinative of whether sexual misconduct has
occurred under this Policy. In cases where there is a simultaneous law enforcement
investigation, there may be circumstances when the University may need to temporarily delay its
investigation while law enforcement gathers evidence. However, the University will generally
proceed with Formal Complaint even during the time of a pending law enforcement
investigation.
The University may not be informed of reports made to law enforcement agencies.
5. External Reporting Options
A person may also file a complaint with the U.S. Department of Education's Office for Civil
Rights regarding an alleged violation of Title IX by calling 1-800-421-3481 : 1-877-521-2172
TTY or emailing OCR.Philadelphia@ed.gov or visiting
https://www2.ed.gov/about/offices/list/ocr/complaintintro.html.
A person may also file a complaint with the Pennsylvania Human Relations Commission by
calling 717-787-9780 for the Harrisburg Regional Office; 412-565- 5395 for the Pittsburgh
Regional Office; or 215-560-2496 for the Philadelphia Regional Office; or by visiting
https://www.phrc.pa.gov/Pages/default.aspx.
Employees may also file a charge with the Equal Employment Opportunity Commission
regarding an alleged violation of Title VII by calling 1-800-669-4000 or visiting
https://www.eeoc.gov/employees/howtofile.cfm.
The University may not be informed of reports made to external agencies.
6. Truthfulness
All participants in the reporting and resolution processes have the responsibility to be truthful with
the information they share at all stages of the process. A report of a violation under this Policy is
not considered a bad faith report merely because the evidence does not ultimately support the
allegation. Individuals are prohibited from knowingly making a false report, filing a false Formal
Complaint or making misrepresentations. If an investigation results in a finding that a person has
willfully filed a bad faith report, filed a false Formal Complaint, or made misrepresentations as
part of the reporting or resolution process, the person may be subject to appropriate Disciplinary
Sanctions under the Code of Conduct in the case of Students or other relevant University policy
and collective bargaining agreements in the case of Officials, Employees or Volunteers.
7. Multiple Party Complaints
The Title IX Coordinator may consolidate Formal Complaints involving multiple parties where
the allegations of sexual misconduct arise from the same facts or circumstances; in such
consolidated matters, the Sexual Misconduct Resolution Process applies to more than one
Complainant and/or more than one Respondent, but each party is still an “individual” and not a
group or organization. The decision of the Title IX Coordinator to consolidate Formal Complaints
is not subject to appeal.
UNIVERSITY REPORTING OBLIGATIONS
1. Mandated Reporting Obligations of University Officials, Volunteers and Employees
All University Officials, Volunteers and Employees (including student employees) are obligated
to report incidents of sexual misconduct of which they become aware to the Title IX
Coordinator/designee, unless: 1) they serve in a role that makes such reports privileged or are
recognized as providing a confidential resource (see Statement on Privacy and Confidentiality); or
2) they are a faculty member and learn of the report from a student during a classroom
discussion, in a writing assignment for a class, or as part of a University-approved research
project.
PLEASE NOTE: These reporting exceptions do not apply to reports of sexual misconduct
involving an individual who was, or is, a child (a person under 18 years of age) when the abuse
allegedly occurred. When a report involves suspected abuse of a child (an individual under the age
of 18 at the time of the incident(s) as reported), all the University Employees, Officials and
Volunteers are required to notify the University police and the ChildLine run by the Pennsylvania
Department of Human Services (1-800-932-0313). All other members of the University
community are strongly encouraged to report suspected child abuse to law enforcement or the
ChildLine.
University Employees designated as Campus Security Authorities (CSAs) under the Clery Act
are required to report certain crimes for federal statistical reporting purposes.
2. University Obligations Regarding Timely Warnings
Parties reporting Sexual Assault, Domestic Violence, Dating Violence, and/or Stalking should be
aware that under the Clery Act, the University must issue timely warnings for reported incidents
that pose a serious or continuing threat of bodily harm or danger to members of the campus
community. If a report of sexual misconduct discloses a serious or immediate threat to the
campus community, the University will issue a timely notification to the community to protect
the health or safety of the community. The timely notification will not include any identifying
information about the Complainant.
JURISDICTION AND DISMISSALS
In certain circumstances where violations defined under the Final Rule as Regulatory Prohibited
Conduct (Regulatory Quid Pro Quo, Regulatory Hostile Environment Sexual Harassment,
Regulatory Dating Violence, Regulatory Domestic Violence, Regulatory Sexual Assault and
Regulatory Stalking) do not meet jurisdictional requirements, the University must dismiss those
allegations contained in the Formal Complaint.
In certain circumstances the Title IX Coordinator may dismiss a Formal Complaint, or any specific
allegations raised in the Formal Complaint at any time during the investigation or hearing.
Any Party may appeal a dismissal determination. See the Determining Jurisdiction and Mandatory
Dismissal for Certain Allegations under the Sexual Misconduct Resolution Process Section for
more information.
EMERGENCY REMOVAL FOR STUDENTS
1. The University retains the authority to remove a Respondent from its Education Programs or
Activities on an emergency basis. This action is also referred to as an emergency removal.
2. Before imposing an emergency removal on a student Respondent, the University will:
A. undertake an individualized safety and risk analysis; and
B. determine that an immediate threat to the physical health or safety of any student or other
individual arising from the allegations of covered sexual misconduct justifies a removal.
3. If the University imposes an emergency removal on a student Respondent, the University will
provide the Respondent with notice and an opportunity to challenge the decision immediately
following the removal.
A. The University will provide written notice of the emergency removal and applicable
charges.
B. The University will provide an opportunity for the Respondent to appeal that decision to
an appropriate Hearing Officer or designee within 10 days of the imposition of the
emergency removal.
C. The designated University Hearing Officer will hear the evidence and determine whether
there is sufficient evidence to support the conclusion that the Respondent poses an
immediate threat to the physical health or safety of any student or other individual arising
from the allegations of covered sexual misconduct and that, based on that threat, removal
is the appropriate course of action.
4. If the University learns of evidence that demonstrates that the emergency action is no longer
justified after the emergency removal is imposed against a student Respondent, the University
will take prompt action to rescind the emergency removal.
5. All emergency removals will also comply with requirements under Chapter 505 of Title 22
of the Pennsylvania Code concerning Student Personnel.
ADMINISTRATIVE LEAVE FOR EMPLOYEES
The University retains the authority to place Employees on administrative leave consistent with
applicable requirements of relevant University policies and collective bargaining agreements.
INFORMAL RESOLUTION PROCESS
Informal means of resolution, such as mediation, may be used as an alternative to the formal
investigation and hearing procedures. Informal resolution is a voluntary process and may be used
only where a Formal Complaint has been filed. Upon written agreement of all parties, informal
resolution may be initiated at any time prior to finding of responsibility in a hearing, and may be
terminated at any time prior to final resolution. If the informal process is terminated, the Sexual
Misconduct Resolution Process, which includes an investigation and hearing, will proceed. Once
a final resolution has been reached and documented and signed by all parties, the resolution cannot
be appealed.
Informal resolution may not be utilized when a Student files a Formal Complaint against a
University Employee, Volunteer or Official under this Policy.
SEXUAL MISCONDUCT RESOLUTION PROCESS
1. Formal Complaint
The Sexual Misconduct Resolution Process is initiated by a Complainant providing the Title IX
Coordinator a written, signed Formal Complaint describing the facts alleged. See the section titled
Filing a Formal Complaint above.
2. Notice of Allegations
The Title IX Coordinator will draft and provide a written Notice of Allegations to any Party alleged
to have violated this Policy. Such notice will occur as soon as practicable, but no more than 10
days, after the University receives a Formal Complaint of the allegations, if there are no
extenuating circumstances.
The Notice of Allegations will include the following:
A. Notice of the University’s Sexual Misconduct Resolution Process including any Informal
Resolution process and a hyperlink to a copy of the process.
B. Notice of the allegations potentially constituting violations(s) of any University policy, and
sufficient details known at the time the Notice of Allegations is issued, such as the identities
of the parties involved in the incident, if known, including the Complainant; the conduct
allegedly constituting a policy violation; and the date and location of the alleged incident,
if known.
C. A statement that the Respondent is presumed not responsible for the alleged conduct and
that a determination regarding responsibility is made at the conclusion of the hearing.
D. A statement that the Parties may have an Advisor of their choice.
E. A statement that before the conclusion of the investigation, the Parties may inspect and
review evidence obtained as part of the investigation that is directly related to the
allegations raised in the Formal Complaint, including the evidence upon which the
University does not intend to rely in reaching a determination regarding responsibility, and
evidence that both tends to prove or disprove the allegations, whether obtained from a Party
or other source.
F. Individuals are prohibited from knowingly filing a false report or making
misrepresentations. If, following an investigation and hearing as appropriate under
applicable policy, a person is found to have willfully filed a bad faith report or made
misrepresentations as part of a resolution process, the party may be subject to appropriate
Disciplinary Sanctions under the Code of Conduct in the case of Students or other relevant
University policy in the case of Officials, Employees or Volunteers.
The Parties will be notified by their University email accounts if they are a Student or Employee,
and by other reasonable means if they are neither. It is the responsibility of the Party to update the
Title IX Coordinator of any email address or other changes to the means of contact.
The University will provide sufficient time for the Parties to review the Notice of Allegations and
prepare a response before any initial interview.
3. Determining Jurisdiction and Mandatory Dismissal for Certain Allegations
For alleged violations of Regulatory Prohibited Conduct (Regulatory Quid Pro Quo, Regulatory
Hostile Environment Sexual Harassment, Regulatory Dating Violence, Regulatory Domestic
Violence, Regulatory Sexual Assault and Regulatory Stalking) the following elements will be
determined in the reasonable determination of the Title IX Coordinator:
A. The conduct is alleged to have occurred in the United States;
B. The conduct is alleged to have occurred in the University’s Education Program or Activity;
and
C. The alleged conduct, if true, would constitute covered Regulatory Prohibited Conduct, as
defined in this Policy.
If all of the elements are met, the University will investigate the allegations under the processes
set forth in this Policy. If any one of these elements is not met, the Title IX Coordinator will notify
the parties the specific allegation contained in the Formal Complaint does not meet the required
jurisdictional requirements under the Final Rule and is being dismissed. Any Party may appeal a
dismissal using the process set forth in the Appeals section below. Dismissal of any violations
constituting Regulatory Prohibited Conduct will not affect the University’s ability to proceed with
an investigation of allegations categorized as Non-Regulatory or other allegations under this Policy
or any other University Policy.
4. Discretionary Dismissals for All Allegations
The Title IX Coordinator may dismiss a Formal Complaint brought under this Policy, or any
specific allegations raised within that Formal Complaint, at any time during the investigation or
hearing, if:
A. A Complainant notifies the Title IX Coordinator in writing that they would like to withdraw
the Formal Complaint or any allegations raised in the Formal Complaint;
B. The Respondent is no longer enrolled in, associated with or employed by the University;
or,
C. If specific circumstances prevent the University from gathering evidence sufficient to reach
a determination regarding the Formal Complaint or allegations within the Formal
Complaint.
Any Party may appeal a dismissal using the process set forth in the Appeals section below.
5. Allegations Potentially Falling Under Two Policies
If a Formal Complaint against a Respondent who is a Student contains allegations of a violation
of any of the listed Sexual Misconduct Violations in this Policy, as well as any other violation in
the Code of Conduct, the Sexual Misconduct Resolution Process set forth in this Policy will be
applied in the investigation and adjudication of all of the allegations. If all of the alleged Sexual
Misconduct Violations of this Policy are dismissed, and the remaining underlying allegations, if
true, would violate another University policy or the University’s Code of Conduct, the matter may
be referred for further action by the University’s Office of Student Conduct, as appropriate.
If a Formal Complaint against a Respondent who is an Employee contains allegations of violations
of Regulatory Prohibited Conduct (Regulatory Quid Pro Quo, Regulatory Hostile Environment
Sexual Harassment, Regulatory Dating Violence, Regulatory Domestic Violence, Regulatory
Sexual Assault and Regulatory Stalking), the Sexual Misconduct Resolution Process set forth in
this Policy will be applied in the investigation and adjudication of those allegations. For all other
allegations, the University will follow applicable requirements in University policies and relevant
collective bargaining agreements for resolution of the other allegations contained in the Formal
Complaint.
If a Formal Complaint against a Respondent who is an Official or Volunteer contains any
allegations under this Policy, the University or System will follow applicable requirements in
University or System policies or procedures and standards for resolution of the allegations
contained in the Formal Complaint.
6. Notice of Dismissal
Upon reaching a decision that any specific allegation contained in the Formal Complaint will be
dismissed, the University will promptly send written notice of the dismissal and the reason for the
dismissal, simultaneously to the Parties through their institutional or other provided email account.
It is the responsibility of Party to update the Title IX Coordinator of any email address or other
changes to the means of contact.
7. Investigation
A. General Rules of Investigations
The Title IX Coordinator and/or an Investigator designated by the Title IX Coordinator will
perform an investigation of the conduct alleged under a reasonably prompt timeframe,
following issuance of the Notice of Allegations.
The University and not the Parties, has the burden of proof and the burden of gathering
evidence, i.e., the responsibility of showing a violation of this Policy has occurred. Either party
may decide not to share their account of what occurred or may decide not to participate in an
investigation or hearing. This does not shift the burden of proof away from the University and
does not indicate responsibility.
The University will provide an equal opportunity for the parties to present witnesses,
including fact and expert witnesses, and other inculpatory and exculpatory evidence, (i.e.,
evidence that tends to prove and disprove the allegations). See Inspection and Review of
Evidence section below.
Medical records of a party (or parent, if applicable) will not be considered as part of the
investigation unless the party to whom the medical records belong provides the records to the
Investigator. Any relevant medical records shared with the Investigator will be attached to the
Investigative Report and shared with the other party and Decision Maker(s).
B. Inspection and Review of Evidence
Prior to the completion of the investigation, the parties will have an equal opportunity to inspect
and review the evidence obtained through the investigation. The purpose of the inspection and
review process is to allow each party the equal opportunity to meaningfully respond to the
evidence prior to issuance of the Investigative Report.
Evidence that will be available for inspection and review by the parties will be any evidence
that is directly related to the allegations raised in the Formal Complaint. It will include any:
1) Evidence that is relevant, even if that evidence does not end up being relied upon by
the Decision Maker(s) in making a determination regarding responsibility;
2) inculpatory or exculpatory evidence (i.e., evidence that tends to prove or disprove the
allegations) that is directly related to the allegations, whether obtained from a Party or
other source.
The University will make the evidence available to each Party and each Party’s Advisor, if
any, for inspection and review through an electronic format or a hard copy. The University will
also provide a draft of the Investigative Report for review. The University is not under an
obligation to use any specific process or technology to provide the evidence or report and shall
have the sole discretion in terms of determining format and any restrictions or limitations on
access.
The Parties will have 10 days to inspect and review the evidence and review the draft
Investigative Report and submit a written response by email to the Investigator that includes
any new or additional evidence the Party would like the Investigator to consider. The
University will provide copies of the Parties’ written responses, and any new or additional
evidence provided, to the other Party and their Advisor. The other Party will have 5 days to
inspect, review, and respond to the new or additional evidence through a written response to
the Investigator. The University will provide copies of the Party’s supplemental written
response to the other Party and their Advisor.
The Parties and their Advisors may not disseminate, photograph, copy or otherwise use the
draft Investigative Report or use any of the evidence subject to inspection and review for any
purpose unrelated to the Sexual Misconduct Resolution Process. Any violation of this
confidentiality requirement may result in separate disciplinary action under the Code of
Conduct or other University Policy, as appropriate.
Any evidence subject to inspection and review will be available at any hearing held, including
for purposes of cross-examination.
The Investigator will consider the parties’ written responses before completing the
Investigative Report. Parties may request a reasonable extension of the time to submit a written
response, which may be denied in the sole discretion of the Investigator, in consultation with
the Title IX Coordinator.
The Investigator has 10 days to generate a report or after the responses to additional evidence
are due; the Investigator may provide the Parties and their Advisors with written notice
extending the investigation and explaining the reason for the extension.
C. Investigative Report
The Investigator will create an Investigative Report that fairly summarizes relevant evidence.
The Investigative Report is not intended to catalog all evidence obtained by the Investigator,
but only to provide a fair summary of that evidence.
Only relevant evidence (including both inculpatory and exculpatory relevant evidence – i.e.,
tending to prove and disprove the allegations, respectively) will be referenced in the
Investigative Report.
Evidence obtained in the investigation that is determined in the reasoned judgment of the
Investigator not to be directly related to the allegations in the Formal Complaint will be
included in the appendices to the Investigative Report. The investigator may redact irrelevant
information from the Investigative Report when that information is contained in otherwise
relevant documents or evidence.
The Investigative Report will be shared with the Parties and their Advisors at least 10 days
prior to any hearing for their review and written response. Any written response received after
the Investigative Report is shared will be shared with the Decision-Makers(s) and the other
Party and their Advisor prior to the hearing. The Title IX Coordinator or Hearing Officer may
reschedule or postpone the hearing if the Title IX Coordinator or Hearing Officer determines
additional time is necessary for the Parties, their Advisors, or the Decision-Maker(s) to review
written responses.
D. Ongoing Notice
If, in the course of an investigation, the University decides to investigate allegations about
either Party that are not included in the Notice of Allegations and are otherwise covered Sexual
Misconduct Violations falling within this Policy or other violations of the University Code of
Conduct, the University will notify the Parties of the additional allegations by their
University email accounts or other reasonable means. It is the responsibility of the Party to
update the Title IX Coordinator of any email address or other changes to the means of contact.
The Parties will be provided sufficient time to review the additional allegations to prepare a
response before any initial interview regarding those additional allegations.
8. General Rules of Hearings
A. Notice of Hearing
No less than 10 days prior to the hearing, the Title IX Coordinator, Hearing Officer or other
designee will send written notice of the hearing to the Parties. The Parties will be notified
by their University email accounts or by other reasonable means. Once mailed, emailed,
and/or received in-person, notice will be presumptively delivered.
The Notice of Hearing will contain:
1)
A description of the alleged violation(s), a list of all policies allegedly violated, a
description of the applicable procedures, and a statement of the potential Disciplinary
Sanctions actions that could result.
2)
The time, date, and location of the hearing.
3)
Information about the option for the hearing to occur with the parties located in
separate rooms using technology that enables the Decision Maker(s) and Parties to
see and hear a Party or Witness answering questions. Parties should inform the Title
IX Coordinator, Hearing Officer or other designee of any desire to have the hearing
occur in separate rooms at least 3 days prior to the hearing to ensure appropriate
technology is in place.
4)
Information on how the hearing will be recorded and on access to the recording for
the Parties after the hearing.
5)
A copy of the rules of decorum for all hearing participants
6)
A list of the Decision Makers, Board Chair, and Hearing Officer who will attend the
hearing, along with an invitation to object to any actual or perceived conflicts of
interest or bias of the Decision Maker(s) prior to the hearing. The President of the
University shall serve as the Decision Maker for all cases involving a Respondent
who is a faculty member. In all cases involving a Respondent who is an Employee,
the President may designate a Decision-Maker.
7)
A statement that if any Party or Witness does not appear at the scheduled hearing, the
hearing may be held in their absence, and the testimony or any statements provided
by the Party or Witness prior to the hearing will not be considered by the Decision
Maker.
8)
Notification that the parties may have the assistance of an Advisor of their choice at
the hearing and will be required to have one present for any questions they may desire
to ask of the other Party or Witnesses. The Party should notify the Title IX
Coordinator, Hearing Officer or other designee in advance of the hearing if they do
not have an Advisor, and the University will appoint one. Each party must have an
Advisor present.
9)
A copy of all the materials provided to the Decision Maker(s) about the matter and
the opportunity to provide a written response in advance of the hearing.
10) Information regarding who to contact to arrange any disability accommodations,
language assistance, and/or interpretation services that may be needed at the hearing.
11) For compelling reasons, the Hearing Officer or other designee may reschedule the
hearing.
B. Hearing
The University will not issue a Disciplinary Sanction arising from an allegation of a
violation of this Policy without holding a hearing, unless otherwise resolved through an
informal resolution process or an alternate process permitted under this Policy. If the
University determines a hearing is necessary, the Parties cannot waive the right to a
hearing.
The University may still proceed with the hearing in the absence of a Party, and may reach
a determination of responsibility in their absence. The University will not threaten, coerce,
intimidate, or discriminate against the Party in an attempt to secure the Party’s
participation.
The Decision Maker(s) cannot draw an inference about the determination regarding
responsibility based solely on a Party’s absence from the hearing or refusal to answer cross
examination or other questions.
The hearing may be conducted with all Parties physically present in the same geographic
location, or, at the University’s discretion, any or all Parties, Witnesses, and other
participants may appear at the hearing virtually through video conferencing technology.
This technology will enable participants simultaneously to see and hear each other. At its
discretion, the University may delay or adjourn a hearing based on technological errors.
All proceedings will be recorded through audio recording. That recording or a transcript,
if one is available, will be made available to the Parties for inspection and review upon
request.
All hearings for student Respondents will comply with requirements under Chapter 505 of
Title 22 of the Pennsylvania Code concerning Student Personnel. All hearings for
employee Respondents will comply with applicable collective bargaining requirements and
University and Board of Governors Policy and Procedure/Standard requirements.
C. Continuances or Granting Extensions
The University may determine that multiple sessions or a continuance (i.e., a pause on the
continuation of the hearing until a later date or time) is needed to complete a hearing. If so,
the University will notify all participants and endeavor to accommodate all participants’
schedules and complete the hearing as promptly as practicable.
D. Participants in the Hearing
Hearings are not public, and the only individuals permitted to participate in the hearing are
as follows:
1) The Decision Maker(s), including a designated Board chair
2) The Hearing Officer (non-voting)
3) IT personnel (as needed)
4) The Parties
5) Advisor of choice or provided by the University for each Party
6) Witnesses
7) Any individuals necessary to provide interpretation or other support services associated
with reasonable accommodations to facilitate participation in the hearing.
The Decision Maker(s) and Hearing Officer will not have a conflict of interest or bias in
favor of or against Complainants or Respondents generally, or in favor or against the
Parties to the particular case. The Parties will have an opportunity to raise any objections
regarding a Decision Maker’s actual or perceived conflicts of interest or bias at the
beginning of the hearing.
Parties and Witnesses cannot be compelled to participate in the hearing, and have the right
not to participate in the hearing free from retaliation.
E. Hearing Procedures
For all hearings conducted under this Policy, the procedure will be as follows:
1) Hearing Officer will open and establish rules and expectations for the hearing.
2) The Parties will each be given the opportunity to provide opening statements.
3) The Investigator will present a summary of the final Investigative Report, including
items that are and are not contested. The Investigator will be subject to questioning by
the Decision Maker(s) and the Parties (through their Advisors). The Investigator should
not be asked their opinion on credibility, recommended findings or determinations. If
such information is introduced, the Board Chair will direct that it be disregarded.
4) Board Chair and Decision Maker(s) will ask questions of the Parties and Witnesses.
5) Parties will be given the opportunity for cross-examination after the Decision Maker(s)
conduct(s) its initial round of questioning See Cross-Examination Procedure below.
6) During the Parties’ cross-examination, Board Chair will have the authority to pause
cross-examination at any time for the purposes of asking Decision Maker(s) own follow
up questions; and any time necessary in order to enforce order for the hearing or the
established rules of decorum. If an Advisor does not comply with the established rules
of decorum, may provide that Party with a different Advisor to conduct crossexamination on behalf of that Party.
7) Should a Party or the Party’s Advisor choose not to cross-examine a Party or Witness,
the Party shall affirmatively waive cross-examination through a written or oral
statement to the Decision Maker(s). A Party’s waiver of cross-examination does not
eliminate the ability of the Decision Maker(s) to use statements made by the Party.
F. Relevant evidence and questions
“Relevant” evidence and questions are those questions and evidence that tends to make an
allegation of sexual misconduct more or less likely to be true. “Relevant” evidence and
questions do not include the following types of evidence and questions, which are deemed
“irrelevant” at all stages of any process initiated under this Policy:
1) Evidence and questions about the Complainant’s sexual predisposition or prior sexual
behavior unless:
a) They are offered to prove that someone other than the Respondent committed the
conduct alleged by the Complainant, or
b) They concern specific incidents of the Complainant’s prior sexual behavior with
respect to the Respondent and are offered to prove Consent.
2) Evidence and questions that constitute, or seek disclosure of, information protected
under a legally-recognized privilege including attorney-client privilege; or
3) Any party’s medical, psychological, and similar records unless the party has given
voluntary, written consent.
G. Cross-Examination
1) Each Party’s Advisor may conduct cross-examination of the other Party or Parties and
Witnesses and ask follow-up questions, including those challenging credibility directly,
orally, and in real time.
2) Parties will not be permitted to personally cross-examine each other.
3) If a Party does not participate in a hearing, the Party’s Advisor may attend and conduct
cross-examination on behalf of the Party.
4) If neither a Party nor their Advisor appear at the hearing, the University will provide
an Advisor to appear on behalf of the non-appearing Party and ask cross-examination
questions.
5) Before any cross-examination question is answered, the Board Chair will determine if
the question is relevant. Cross-examination questions that are duplicative of those
already asked, including by the Decision Maker(s) may be deemed irrelevant if they
have been asked and answered.
6) The Board Chair must explain to the Party proposing the question any decision to
exclude a question as not relevant.
7) The Decision Maker(s) may not draw an inference about a determination regarding
responsibility based solely on a Party's or Witness's absence from the hearing or refusal
to answer cross-examination or other questions.
8) Failure to answer questions at the hearing may impact the information the Decision
Maker(s) will consider. In accordance with due process requirements applicable to
Pennsylvania universities, hearings must include the opportunity to cross-examine
witnesses when credibility determinations are at issue. As such, if any witness is not
available for cross examination, the Decision Maker(s) must determine whether any
statements or testimony from that witness are admissible for the Decision Maker’s
consideration.
9. Decisions
A. General Considerations for Evaluating Testimony and Evidence
1)
While the opportunity for cross-examination is required in all hearings under this
Policy, determinations regarding responsibility may be based in part, or entirely, on
documentary, audiovisual, and digital evidence, as warranted in the reasoned
judgment of the Decision Maker(s).
2)
Hearsay evidence may not be used to establish a fact necessary to establish
responsibility consistent with the requirements under Chapter 505 of Title 22 of the
Pennsylvania Code concerning Student Personnel.
3)
Decision Maker(s) shall not draw inferences regarding a Party or Witness’ credibility
based on the Party or Witness’ status as a Complainant, Respondent, or Witness, nor
shall it base its judgments in stereotypes about how a Party or Witness would or
should act under the circumstances.
4)
Generally, credibility judgments should rest on the demeanor of the Party or Witness,
the plausibility of their testimony, the consistency of their testimony, and its
reliability in light of corroborating or conflicting testimony or evidence.
5)
Credibility judgments should not rest on whether a Party or Witness’ testimony is
non-linear or incomplete, or if the Party or Witness is displaying stress or anxiety.
6)
Where a Party or Witness’ conduct or statements demonstrate that the Party or
Witness is engaging in retaliatory conduct, including but not limited to witness
tampering and intimidation, the Decision Maker(s) may draw an adverse inference as
to that Party or Witness’ credibility.
7)
Decision Maker(s) will afford the highest weight relative to other testimony to firsthand testimony by Parties and Witnesses regarding their own memory of specific
facts that occurred. Both inculpatory and exculpatory (i.e., tending to prove and
disprove the allegations) evidence will be weighed in equal fashion.
8)
The Final Rule requires the University to admit and allow testimony regarding
polygraph tests (“lie detector tests”) and other procedures that are outside of standard
use in academic and non-academic conduct processes. While the processes and
testimony about them will be allowed to testify and be crossed as required by the
Final Rule, the Decision Maker(s) will be instructed to afford lower weight to such
processes relative to the testimony of fact witnesses.
9)
The Final Rule requires the University allow parties to call character witnesses to
testify. The University does not provide for character witnesses in other proceedings.
While the character witnesses will be allowed to testify and be crossed as required by
the Final Rule, the Decision Maker(s) will be instructed to afford very low weight to
any non-factual character testimony of any Witness.
B. Timeline for Decision
If there are no extenuating circumstances, the determination regarding responsibility will be
issued by the University within 10 days of the completion of the hearing.
C. Finality
The determination regarding responsibility becomes final either upon the outcome of any
appeal or the expiration of the window to appeal without an appeal being requested as set forth
in the Appeals section below.
10. Disciplinary Sanctions Against Students
A. Possible Disciplinary Sanctions
The University may impose the following Disciplinary Sanctions upon Students, singly or in
combination:
Disciplinary Warning: Official notice that specific behavior or activity was in violation
of the conduct code and that further violations may result in more serious disciplinary
action. Students receiving a Disciplinary Warning remain in good disciplinary standing.
Disciplinary Probation: Official notification of a specified period of review and
monitoring. Further violations of the conduct code may result in more severe disciplinary
action, including an examination of continued status as a Student. Students on Disciplinary
Probation are not in good disciplinary standing.
Final Disciplinary Probation: Final Disciplinary Probation is imposed only in very
serious cases or in response to progressive discipline stipulating that a Student, in lieu of
University suspension, is being allowed to remain at the University provided that the
Student adheres to certain conditions, as set by the Board or Hearing Officer. A Student on
Final Disciplinary Probation is denied the privilege to represent the University in any
organized capacity including intercollegiate varsity, non-varsity or club events or to hold
office in any Student Organization. Students on Final Disciplinary Probation are not in
good disciplinary standing.
Suspension: Official notification involving a disciplinary separation from the University
for a specified period generally not less than one semester and generally not exceeding two
years. Suspension involves denial of all affiliated privileges and rights, including the
privilege of using University facilities. A Student may not attend classes or be enrolled in
online or distance education, take exams, earn grades, attending University activities or be
on University property except for University business during the suspension
period. University business must be approved in advance by the Dean of Students or
designee.
Further violations of the conduct code may result in more severe disciplinary action,
including an examination of continued status as a Student. Students on Suspension are not
in good disciplinary standing. All stipulated conditions shall be completed before
reenrollment.
Expulsion: Official notification of permanent separation and termination of the Referred
Party’s status as a Student, and exclusion from University property, privileges, and
activities. Students on Expulsion are not in good disciplinary standing.
Restitution: Reimbursement for damage to, or destruction of, University property.
Housing Reassignment: Movement from a current residential assignment to another
location in campus housing. Housing rates may be impacted.
Housing Removal: Removal from campus housing for a specified period of time. Access
to campus housing including visitation is prohibited. Should circumstances warrant,
housing removal could be permanent. In accordance with Residence Life policy, in such
instances there will be no refund of housing fees.
Restriction of Privileges: Exclusion from, or limits on, participation in specified services
and activities or specified campus facilities. Prohibition of participation in campus cocurricular activities or use of campus services, e.g., intramural participation, room
reservation privileges, leadership
Educational Activities: Completion of a specified activity, service project, educational
program, event, assignment, papers, meetings or other educational and/or restorative
assignment.
B. Previous Disciplinary Sanctions
Previous Disciplinary Sanctions of any kind involving the Respondent may be considered in
determining an appropriate sanction upon a determination of responsibility. This information
is only considered at the sanction stage of the process.
C. Timing
The Disciplinary Sanctions will be implemented as soon as is feasible, either upon the outcome
of any appeal or the expiration of the window to appeal without an appeal being requested.
11. Disciplinary Sanctions Against Employees, Officials and Volunteers
A. Possible Disciplinary Sanctions
Disciplinary Sanctions imposed on an Employee for violating this Policy, subject to an
applicable collective bargaining agreement or University/System policies, may include a
penalty up to and including separation from employment.
Disciplinary Sanctions imposed on an Official or Volunteer may include a penalty up to
removal or the request for removal of the Official or Volunteer from their respective
position.
B. Timing
The Disciplinary Sanctions will be implemented as soon as is feasible, either upon the
outcome of any appeal or the expiration of the window to appeal without an appeal being
requested.
12. Appeals by Where the Respondent is a Student
A. Each Party may appeal the dismissal of a Formal Complaint or any included allegations or
a determination of responsibility on the following grounds:
1) A procedural irregularity under the University policy or procedures that more likely
than not affected the hearing outcome.
2) New evidence that was not reasonably available through the exercise of reasonable
diligence at the time of the hearing or dismissal of the Formal Complaint that more
likely than not could affect the outcome of the matter.
3) The Title IX Coordinator, Investigator(s), or Decision Maker(s) had a conflict of
interest or bias for or against an individual party, or for or against complainants or
respondents in general, that more likely than not affected the outcome of the matter.
4) The Disciplinary Sanction imposed was arbitrary or capricious or the appropriateness
of the sanction.
B. Appeals must be filed in writing within 5 days of being notified of the decision and must
indicate the grounds for the appeal.
C. The submission of an appeal stays any Disciplinary Sanctions for the pendency of an
appeal. Supportive Measures and remote learning opportunities remain available during
the pendency of the appeal.
D. If a party appeals, the University will notify the other party in writing of the appeal as soon
as practicable, however the time for appeal shall be offered equitably to all parties and shall
not be extended for any party solely because the other party filed an appeal. If the basis of
the appeal is the Disciplinary Sanction imposed was arbitrary or capricious or
inappropriate, the other Party will be given 5 days to respond to the Disciplinary Sanctions
basis of appeal after being notified of the appeal.
E. Appeals will be decided by the University President or designee who will be free of conflict
of interest and bias, and will not serve as an Investigator, Title IX Coordinator, Advisor or
Decision Maker in the same matter.
F. The role of the University President or designee is not to reweigh the evidence. The
University President or designee will confine their review to the basis of appeal alleged
and may modify the sanction. The University President or designee may modify the
Disciplinary Sanction if an appeal on the basis of an arbitrary or capricious Disciplinary
Sanction being imposed is granted. In the event a Disciplinary Sanction is modified, the
other party will be notified of the modified Disciplinary Sanction.
G. The outcome of appeal will be provided in writing simultaneously to both Parties, and
include rationale for the decision.
13. Appeals Where the Respondent is an Employee
A. Each Party may appeal the dismissal of a Formal Complaint or any included allegations or
a determination of responsibility on the following grounds:
1) A procedural irregularity under the University policy or procedures that affected the
hearing outcome.
2) New evidence that was not reasonably available through the exercise of reasonable
diligence at the time of the hearing or dismissal of the Formal Complaint that could
affect the outcome of the matter.
3) The Title IX Coordinator, Investigator(s), or Decision Maker(s) had a conflict of
interest or bias for or against an individual party, or for or against complainants or
respondents in general, that affected the outcome of the matter.
B. Appeals must be filed in writing within 5 days of being notified of the decision and must
indicate the grounds for the appeal.
C. The submission of an appeal stays any Disciplinary Sanctions for the pendency of an
appeal. Supportive Measures remain available during the pendency of the appeal.
D. If a Party appeals, the University will notify the other Party in writing of the appeal as soon
as practicable, however the time for appeal shall be offered equitably to all Parties and shall
not be extended for any Party solely because the other Party filed an appeal.
E. Appeals will be decided by and individual who will be free of conflict of interest and bias,
and will not serve as an Investigator, Title IX Coordinator, Advisor or Decision Maker in
the same matter. In cases of appeal of a finding of responsibility filed by an Employee who
is a faculty member, the Pennsylvania State System of Higher Education Chancellor or
their designee will serve as the Appeal Officer. In all other cases of an appeal of either a
dismissal or finding of responsibility, filed by an Employee, the President or their designee
will serve as the Appeal Officer.
F. The appealing party must meet its burden to demonstrate the outcome was affected by a
preponderance of the evidence. The role of the Appeal Officer is not to reweigh the
evidence. The Appeal Officer will confine their review to the basis of appeal alleged.
G. The outcome of appeal will be provided in writing simultaneously to both parties, and
include rationale for the decision.
H. All local or step 3 grievance rights under a collective bargaining agreement will be stayed
pending the disposition of the appeal.
RIGHTS/RESPONSIBILITIES
A. Reports and Formal Complaints have different meanings. An individual has a right to make a
report of sexual misconduct to the University, which may be accompanied by a request for
Supportive Measures. An individual also has a right to make a Formal Complaint of sexual
misconduct, which is a request to initiate the University’s informal resolution process or a
formal disciplinary process, which includes an investigation and may proceed to a hearing.
B. Prior to the conclusion of a sexual misconduct investigation, the Complainant may request to
withdraw the Formal Complaint by contacting the Title IX Coordinator/designee in writing.
The Title IX Coordinator/designee will determine whether to close the case or conclude the
investigation without the Complainant’s continued participation.
C. An individual also has the right to report sexual misconduct to law enforcement, separate and
apart from any report or Formal Complaint made to the University.
D. Victims and witnesses of sexual misconduct have the right to be assisted by the University in
notifying law enforcement authorities of sexual misconduct or they can decline to notify such
authorities.
E. Witnesses and Parties cannot be compelled to participate in the hearing, and have the right
not to participate in the hearing free from retaliation.
F. Each Party who is charged with a violation of this Policy where jurisdiction is appropriate
has a right to a hearing and for an Advisor to cross-examine Parties and Witnesses.
G. At the time a report is made, the reporting party does not have to decide whether to file a
Formal Complaint or make a report of sexual misconduct to law enforcement.
H. An affected party has the right to request Supportive Measures from the University, which may
include interim contact restrictions.
I. The reporting party has the right to seek medical treatment to address physical and mental
health and to preserve evidence.
J. Parties may also have options to file civil actions in court or with administrative agencies.
K. To file a Formal Complaint, please contact the Title IX Coordinator/designee.
REVISION HISTORY
Revisions made 12/2021 to:
Introduction Section - Paragraph 1: Purpose of the Policy; Paragraph 4: Statement on
Privacy and Confidentiality; Paragraph 5: Disability Accommodations; Paragraph 13:
Revocation by Operation of Law;
Other Definitions Section
Sexual Misconduct Resolution Process - Paragraph 2: Notice of Allegations; Paragraph 6:
Notice of Dismissal; Paragraph 7: Investigations; Paragraph 8: General Rules of Hearings;
Paragraph 9: Decisions; Paragraph 13: Appeals
Approved by President Dale Elizabeth Pehrsson and PEC on May 25, 2022.
Recommended for Approval by:
Terrence Mitchel, Senior Associate Vice President and Chief
Diversity Officer
Approved by:
President Dale-Elizabeth Pehrsson, PennWest Executive Cabinet
Effective Date: 07/01/2022
INTRODUCTION..........................................................................................................................3
1.
Purpose of Policy .............................................................................................................3
2.
Prohibited Behaviors ......................................................................................................4
3.
Title IX, VAWA and Nondiscrimination ......................................................................4
4.
Statement on Privacy and Confidentiality ....................................................................5
5.
Disability Accommodations............................................................................................7
6.
Free Expression and Academic Freedom .....................................................................7
7.
Alcohol and Drug Use Amnesty for Students ...............................................................7
8.
Scope of Policy .................................................................................................................7
9.
Burden of Proof ...............................................................................................................8
10.
Standard of Proof ............................................................................................................8
11.
Effective Date ..................................................................................................................8
12.
Impact on other Policies or Processes ...........................................................................8
13.
Revocation by Operation of Law ...................................................................................8
SEXUAL MISCONDUCT DEFINITIONS .................................................................................9
OTHER DEFINITIONS..............................................................................................................12
REPORTING SEXUAL MISCONDUCT .................................................................................15
1.
Reports the Title IX Coordinator ................................................................................15
2.
Electronic and Anonymous Reporting ........................................................................16
3.
Filing a Formal Complaint...........................................................................................17
4.
Criminal Reporting Options ........................................................................................17
5.
External Reporting Options .........................................................................................18
6.
Truthfulness...................................................................................................................18
7.
Multiple Party Complaints...........................................................................................18
UNIVERSITY REPORTING OBLIGATIONS ........................................................................19
1.
Mandated Reporting Obligations of University Officials, Volunteers and
Employees ......................................................................................................................19
2.
University Obligations Regarding Timely Warnings ................................................19
JURISDICTION AND DISMISSALS .......................................................................................19
EMERGENCY REMOVAL FOR STUDENTS ........................................................................20
ADMINISTRATIVE LEAVE FOR EMPLOYEES .................................................................20
INFORMAL RESOLUTION PROCESS ..................................................................................21
SEXUAL MISCONDUCT RESOLUTION PROCESS ...........................................................21
1.
Formal Complaint.........................................................................................................21
2.
Notice of Allegations .....................................................................................................21
3.
Determining Jurisdiction and Mandatory Dismissal for Certain Allegations ........22
4.
Discretionary Dismissals for All Allegations ..............................................................23
5.
Allegations Potentially Falling Under Two Policies ...................................................23
6.
Notice of Dismissal ........................................................................................................23
7.
Investigation ..................................................................................................................24
8.
9.
A.
General Rules of Investigations ..........................................................................24
B.
Inspection and Review of Evidence ....................................................................24
General Rules of Hearings ...........................................................................................26
A.
Notice of Hearing .................................................................................................26
B.
Hearing..................................................................................................................27
C.
Continuances or Granting Extensions ...............................................................28
D.
Participants in the Hearing .................................................................................28
E.
Hearing Procedures .............................................................................................28
F.
Relevant evidence and questions ........................................................................29
G.
Cross-Examination ..............................................................................................29
Decisions.........................................................................................................................30
A.
General Considerations for Evaluating Testimony and Evidence ..................30
B.
Timeline for Decision ...........................................................................................31
C.
10.
11.
Finality ..................................................................................................................31
Disciplinary Sanctions Against Students ....................................................................31
A.
Possible Disciplinary Sanctions .........................................................................31
B.
Previous Disciplinary Sanctions .........................................................................33
C.
Timing ...................................................................................................................33
Disciplinary Sanctions Against Employees, Officials and Volunteers .....................33
A.
Possible Disciplinary Sanctions ..........................................................................33
B.
Timing ...................................................................................................................33
12.
Appeals by Where the Respondent is a Student ........................................................33
13.
Appeals Where the Respondent is an Employee ........................................................34
RIGHTS/RESPONSIBILITIES .................................................................................................35
REVISION HISTORY ................................................................................................................36
INTRODUCTION
1. Purpose of Policy
Title IX of the Education Amendments of 1972 prohibits any person in the United States from
being discriminated against on the basis of sex in seeking access to any educational program or
activity receiving federal financial assistance. The U.S. Department of Education, which enforces
Title IX, has long defined the meaning of Title IX’s prohibition on sex discrimination broadly to
include various forms of sexual harassment and sexual violence that interfere with a student’s
ability to equally access educational programs and opportunities.
On May 19, 2020, the U.S. Department of Education issued a Final Rule under Title IX of the
Education Amendments of 1972 1 that:
• Defines the meaning of “sexual harassment” (including forms of sex-based violence) that
are reflected in the definitions of Regulatory Quid Pro Quo, Regulatory Hostile
Environment Sexual Harassment, Regulatory Dating Violence, Regulatory Domestic
Violence, Regulatory Sexual Assault and Regulatory Stalking included as Regulatory
Prohibited Conduct under this Policy
• Addresses how the University must respond to reports of misconduct falling within the
definitions of Regulatory Prohibited Conduct under this Policy, and
• Mandates a grievance (or resolution) process the University must follow before issuing
disciplinary sanctions against a person accused of Regulatory Prohibited Conduct under
this Policy.
The full text of the Final Rule and its extensive Preamble is available here:
http://bit.ly/TitleIXReg
1
Throughout this Policy, violations are generally termed as “Regulatory” consistent with the
Department of Education’s Final Rule under Title IX of the Education Amendments of 1972,
when the behavior occurs in the United States, within an Education Program or Activity and
when the Complainant is participating or seeking to participate in an Education Program or
Activity at the time of the filing of the Formal Complaint. For quid pro quo sexual harassment
allegations, the designation of “Regulatory” is dependent on the employment of the
Respondent. For hostile environment sexual harassment allegations, the designation of
“Regulatory” is dependent on the impact of the unwelcome conduct on the individual targeted.
In addition to federal legislative requirements, Act 16 of 2019 2 of the General Assembly of
Pennsylvania requires all postsecondary institutions in the Commonwealth of Pennsylvania to
adopt a clear, understandable written policy on sexual harassment and sexual violence that
informs victims of their rights under federal and state law, including the crime victims bill of
rights.
2. Prohibited Behaviors
The University prohibits all Sexual Misconduct Violations, as defined in this Policy. This
prohibited conduct can affect all genders, gender identities and sexual orientations. Some of
these prohibited forms of conduct may also be crimes under Pennsylvania or federal law.
The University will promptly and equitably respond to all reports of sexual misconduct in order
to eliminate the misconduct, prevent its recurrence, and redress its effects on any individual or
the community.
3. Title IX, VAWA and Nondiscrimination
The University prohibits any form of discrimination or harassment on the basis of sex, race,
color, age, religion, national or ethnic origin, sexual orientation, gender identity or expression,
pregnancy, marital or family status, medical condition, genetic information, veteran status, or
disability in any decision regarding admissions, employment, or participation in a University
program or activity in accordance with the letter and spirit of federal, state, and local nondiscrimination and equal opportunity laws, such as Titles VI and VII of the Civil Rights Act of
1964, Title IX of the Education Amendments of 1972, the Age Discrimination in Employment
Act, the Americans with Disabilities Act and ADA Amendments Act, the Equal Pay Act, and
the Pennsylvania Human Relations Act.
The University also complies with the Jeanne Clery Disclosure of Campus Security Policy and
Campus Crimes Statistics Act, as amended by the Violence Against Women Act (VAWA).
Title IX prohibits retaliation for asserting or otherwise participating in claims of sex
discrimination. VAWA imposes additional duties on universities and colleges to investigate and
respond to reports of sexual assault, stalking, and dating or domestic violence, and to publish
policies and procedures related to the way these reports are handled. The University has
designated the Title IX Coordinator with assistance of the Deputy Title IX Coordinators, to
2
The text of Act 16 of 2019 is available here: https://bit.ly/3f7DAr6
coordinate the University’s compliance with Title IX and VAWA and to respond to reports of
violations. The University has directed the University Chief of Police to coordinate the
University’s compliance with the VAWA-related Clery reporting requirements.
4. Statement on Privacy and Confidentiality
The University is committed to protecting the privacy of all individuals involved in a report of
sexual misconduct. Every effort will be made to protect the privacy interests of all individuals
involved. Privacy, confidentiality and privilege have distinct meanings under this Policy.
Privacy generally means that information related to a report of sexual misconduct will only be
shared with a limited circle of individuals, including individuals who “need to know” in order to
assist in the review, investigation, or resolution of the report or to deliver resources or support
services. While not bound by confidentiality or privilege, these individuals will be discreet and
respect the privacy of all individuals involved in the process. All participants in an investigation
of sexual misconduct under this Policy, including Advisors and Witnesses, will be informed that
privacy helps enhance the integrity of the investigation and protect the privacy interests of the
parties, however, nothing in this Policy is intended to impose restraints on a party’s ability to
discuss the allegations under investigation or to gather and present evidence as part of the
resolution process.
Certain individuals are designated as having confidentiality. For reports made to employees
designated with having confidentiality, the University will respect the reporting party’s
expectations of privacy to the extent permissible by law while still ensuring compliance with other
reporting obligations such as mandatory reporting obligations concerning abuse, including sexual
misconduct, involving minors. See Mandated Reporting Obligations of University Officials,
Volunteers and Employees under the University Reporting Obligations Section for more
information.
Individuals designated as having confidentiality are required to report the nature, date, time and
general location of an incident to the Title IX coordinator. Individuals designated as having
confidentiality will not share other information with the Title IX Coordinator or any other
employee of the University without the express permission of the disclosing party. Individuals
designated as having confidentiality can provide information about the University and offcampus resources, support services and other options. As noted above, because of the
confidential nature of these resources, disclosing information to or seeking advice from a
confidential resource does not constitute a report or Formal Complaint to the University and will
not result in a response or intervention by the University. A person consulting with a confidential
resource may decide to make a report to the University and/or law enforcement. A link to these
resources can be found:
https://www.calu.edu/student-life/health-wellness.aspx
California Campus
https://www.calu.edu/inside/campus-safety/anonymous-witness.aspx
https://www.clarion.edu/student-life/health-fitness-and-wellness/
Clarion Campus
https://www.clarion.edu/about-clarion/offices-andadministration/university-support-and-business/office-of-socialequity/complaint-form.html
https://www.edinboro.edu/life-at-the-boro/health-andwellness/ghering/index.php
Edinboro Campus
https://cm.maxient.com/reportingform.php?PennWestUniv&layout_id=38
Communication with certain individuals may be privileged by operation of law and reports made
to these individuals will not be shared with the University Title IX Coordinator or law
enforcement except in very limited situations, such as when failure to disclose the information
would result in imminent danger to the individual or to others or as otherwise required by law. A
link to these resources can be found:
https://www.calu.edu/student-life/health-wellness.aspx
California Campus
https://www.calu.edu/inside/campus-safety/anonymous-witness.aspx
https://www.clarion.edu/student-life/health-fitness-and-wellness/
Clarion Campus
Edinboro Campus
https://www.clarion.edu/about-clarion/offices-andadministration/university-support-and-business/office-of-socialequity/complaint-form.html
https://www.edinboro.edu/life-at-the-boro/health-andwellness/ghering/index.php
https://cm.maxient.com/reportingform.php?PennWestUniv&layout_id=38
All University proceedings are conducted in compliance with the requirements of the Family
Educational Rights and Privacy Act (FERPA), the Clery Act, Title IX of the Education
Amendments of 1972 (“Title IX”), Violence Against Women Act (VAWA), state and local law,
and University policy. No information will be released from such proceedings, except as required
or permitted by law and University policy.
The University may share non-identifying information about reports received in aggregate form,
including data about outcomes and Disciplinary Sanctions.
5. Disability Accommodations
This Policy does not alter any obligations of the University under federal disability laws
including the Americans with Disabilities Act of 1990, and Section 504 of the Rehabilitation Act
of 1973. Parties may request reasonable accommodations for disclosed disabilities at any point
before or during the resolution process that do not fundamentally alter the process. Requests for
accommodations may be made to the Title IX Coordinator and may be referred to another
appropriate party or office on campus. The Title IX Coordinator will not affirmatively provide
disability accommodations that have not been specifically requested by the Parties, even where
the Parties may be receiving accommodations in other University programs and activities.
6. Free Expression and Academic Freedom
The University is firmly committed to free expression and academic freedom and to creating and
maintaining a safe, healthy, and harassment-free environment for all members of its community.
Sexual misconduct, including retaliation, against members of the University is not protected
expression nor the proper exercise of academic freedom. The University will consider principles
of free expression and academic freedom in the investigation of reports of sexual misconduct or
retaliation that involve an individual’s statements or speech.
7. Alcohol and Drug Use Amnesty for Students
The health and safety of every student at the University is of utmost importance. The University
recognizes that students who have been drinking and/or using drugs (whether such use is
voluntary or involuntary) at the time sexual misconduct occurs may be hesitant to report such
incidents due to fear of potential consequences for their own conduct. The University strongly
encourages students to report incidents of sexual misconduct. A witness to or individual who
experiences sexual misconduct, acting in good faith, who discloses any incident of sexual
misconduct to University officials or law enforcement will not be sanctioned under the
University’s Code of Conduct for violations of alcohol and/or drug use policies occurring at or
near the time of the incident(s) of sexual misconduct. The University may require the individual
attend an approved alcohol or drug education program and without assessing any charges for
such program. Amnesty does not preclude or prevent action by police or other legal authorities
pursuant to relevant state or federal criminal statutes.
8. Scope of Policy
This Policy applies to all on campus and off-campus conduct that is likely to have a substantial
adverse effect on any member of the University community. There is no time limit for reporting
allegations of sexual misconduct, however, the University strongly encourages the prompt
reporting of sexual misconduct to allow the University to respond promptly and effectively. If
the reported Respondent is not a member of the University community or is no longer
associated with the University at the time of the report or at the time a resolution process is
initiated, the University may be unable to investigate or take disciplinary action and may be
required to dismiss the Formal Complaint for a lack of jurisdiction. See the Jurisdiction and
Dismissals section.
Please see the Reporting Sexual Misconduct section below for more information on how and
where to report misconduct, discrimination and/or harassment, or to file a Formal Complaint.
9. Burden of Proof
The burden of proof refers to who has the responsibility of showing a violation has occurred. It
is always the responsibility of the University to satisfy the burden of proof. The Respondent does
not have the burden to prove that a violation did not occur. Respondents may decide not to
share their side of the story or may decide not to participate in an investigation or hearing. This
does not shift the burden of proof away from the University and does not indicate
responsibility. Additionally, Decision-Maker(s) shall not make an adverse inference against a
Respondent for the Respondent’s refusal to participate in an investigation or hearing, nor will
Respondent’s refusal to participate result in increased sanctions if the Respondent is found
responsible for the violation(s).
10. Standard of Proof
Consistent with requirements set forth in the Pennsylvania Code pertaining to student
disciplinary due process requirements, the University will use the preponderance of the
evidence standard in investigations of formal complaints alleging sexual misconduct violations
under this Policy. This means that the individual(s) charged with making a finding must
determine whether it is more likely than not that a violation of the Policy occurred.
11. Effective Date
Based on the Final Rule, this Policy will be effective August 14, 2020.
12. Impact on other Policies or Processes
As used in this Policy, sexual misconduct may also encompass criminal conduct under
Pennsylvania and/or federal law. Additionally, sexual misconduct under this Policy may result in
civil and/or administrative or legal consequences.
13. Revocation by Operation of Law
Applicability of the Title IX Final Rule, 85 Fed. Reg. 30026 (May 19, 2020), is subject to future
legislative or court actions. Should any portion of the Title IX Final Rule be set aside, stayed or
held invalid by a court of law, or should the Title IX Final Rule be withdrawn or modified to not
require any of the elements of this Policy, this Policy, or the invalidated elements of this Policy,
will be deemed revoked as of the publication date of the opinion or order and for all reports after
that date, as well as any elements of the process that occur after that date if a case is not complete
by that date of opinion or order publication.
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)
the length of the relationship; (ii) 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.
Dating Violence is categorized as Regulatory when it occurs in the United States, within an
Education Program or Activity and when the Complainant is participating or seeking to
participate in an Education Program or Activity at the time of the filing of the complaint.
Otherwise, Dating Violence will be categorized as Non-Regulatory.
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.
Domestic Violence is categorized as Regulatory when it occurs in the United States, within an
Education Program or Activity and when the Complainant is participating or seeking to
participate in an Education Program or Activity at the time of the filing of the complaint.
Otherwise, Domestic Violence will be categorized as Non-Regulatory.
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.
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 of age 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 3.
Sexual Assault is categorized as Regulatory when it occurs in the United States, within an
Education Program or Activity and when the Complainant is participating or seeking to
participate in an Education Program or Activity at the time of the filing of the complaint.
Otherwise, Sexual Assault will be categorized as Non-Regulatory.
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;
E. Knowingly exposing another individual to a sexually transmitted disease or virus
without that individual’s knowledge; or
F. Inducing incapacitation for the purpose of making another person vulnerable to nonconsensual sexual activity.
3
The text of Chapter 31 of the Pennsylvania Crimes Code is available here
https://bit.ly/305G9pu
6. Regulatory Prohibited Conduct – For purposes of this Policy, the term includes the defined
violations of Regulatory Quid Pro Quo, Regulatory Hostile Environment Sexual Harassment,
Regulatory Dating Violence, Regulatory Domestic Violence, Regulatory Sexual Assault and
Regulatory 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.
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) 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.
Stalking is categorized as Regulatory when it occurs in the United States, within an
Education Program or Activity and when the Complainant is participating or seeking to
participate in an Education Program or Activity at the time of the filing of the complaint.
Otherwise, Stalking will be categorized as Non-Regulatory.
OTHER DEFINITIONS
1. Advisor - An individual who may be present to provide support to a Party throughout an
investigation and/or hearing.
A. Advisors may accompany a Party to any meeting or hearing they are required or eligible to
attend, but may not speak for the Party, except for the purposes of cross-examination.
B. Each party is responsible for coordinating and scheduling with their choice of Advisor.
C. The Advisor of choice may be an attorney or a union representative (when applicable) or
other individual selected by the party.
D. If a party does not have an Advisor of choice present for a hearing, the University will
appoint an Advisor for the limited purposes of asking questions and conducting crossexamination.
E. If a Party does not attend the hearing, the Party’s Advisor may appear and ask questions or
conduct cross-examination on the Party’s behalf.
F. The Advisor is not prohibited from having a conflict of interest or bias in favor of or against
a Party, nor is the Advisor prohibited from being a Witness in the Sexual Misconduct
Resolution Process.
2. Appeals Officer – The individual or individuals with the authority under law or otherwise
appointed by the University to decide appeals. The Appeals Officer will be free of conflict of
interest and bias, and will not serve as the Investigator, Title IX Coordinator, Advisor to any
Party or a Decision Maker in the same matter.
3. Complainant – An individual who has reported being or is alleged to be subjected to conduct
that could constitute covered sexual misconduct as defined under this Policy.
4. Consent – A knowing and voluntary agreement to engage in specific sexual activity at the time
of the activity communicated through clear actions and/or words that are mutually understood.
In order to be valid, Consent must be 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. Consent
can be withdrawn at any time and consent to one form of sexual activity is not necessarily
consent to other forms of sexual activity.
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.
5. Decision Maker(s) - The individual or individuals appointed by the University to render a
decision on a Formal Complaint that goes to a hearing. The Decision Maker(s) will be free of
conflict of interest and bias, and will not serve as the Investigator, Title IX Coordinator, an
Advisor to any Party or Appeals Officer in the same matter.
6. Disciplinary Sanction - The penalty imposed on an individual for violating this Policy. For
Students, Disciplinary Sanctions are subject to applicable University/System policies, up to
and including expulsion from the University. For Employees, Disciplinary Sanctions are
subject to applicable collective bargaining agreement or University/System policies, up to and
including separation from employment. For Officials or Volunteers, this may include the
removal or the request for removal of the Official or Volunteer from their respective position.
7. Education Program or Activity – For purposes of this Policy, the term “Education Program
or Activity” includes any activity that occurs in, on or within:
A. Any on-campus premises;
B. Any off-campus premises the University has substantial control over. This includes
buildings or property owned or controlled by a recognized student organization or a
recognized affiliated entity.
C. Computer and internet networks, digital platforms, and computer hardware or software
owned or operated by, or used in the operations of the University’s programs and activities
over which the University has substantial control.
8. Employee - An individual who is employed by the State System (either at a State System
University or in the Office of the Chancellor) including, but not limited to, faculty members,
coaches, staff, managers and student employees.
9. Final Rule – The Final Rule issued on May 19, 2020 by the U.S. Department of Education
under Title IX of the Education Amendments of 1972
10. Formal Complaint - means a document, including an electronic submission, filed by a
Complainant with a signature or other indication that the Complainant is the person filing the
Formal Complaint, or signed by the Title IX Coordinator, alleging sexual misconduct against
a Respondent and requesting initiation of the process set forth in this Policy to investigate the
allegation of sexual misconduct.
11. Hearing Officer – The individual, usually the Director of Student Conduct, who facilitates the
hearing, maintains decorum, and upholds procedure during the hearing. During a Hearing, the
Hearing Officer is not a Decision Maker and is a non-voting participant in the Hearing.
12. Investigator - The Title IX Coordinator or the individual designated by the Title IX
Coordinator to perform an investigation under this Policy. The Investigator may not have a
conflict of interest or bias for or against an individual party, or for or against complainants or
respondents in general. The Investigator may not serve as a Decision Maker, Appeals Officer
or Advisor to any Party in the same matter.
13. Notice of Allegations – The written notice the Title IX Coordinator or designee is required to
provide to the Parties following receipt of a Formal Complaint. See Notice of Allegations
section below.
14. Notice of Hearing – The written notice the Title IX Coordinator, Hearing Officer, or other
designee is required to provide the Parties prior to the hearing. See Notice of Hearing section
below.
15. Official - A member of a Council of Trustees or of the Board of Governors or their respective
designees.
16. Parties or Party - A term that refers to the Complainant and the Respondent collectively or
the Complainant or Respondent individually.
17. Respondent - Any individual who has been reported to be the perpetrator of conduct that could
constitute sexual misconduct as defined under this Policy.
18. Student – Any person: (1) seeking admission to the University through the formal University
application process; (2) admitted to the University, (3) eligible to register or schedule for
classes, or (4) living in University residence halls even though they are not enrolled at the
University. The term “Student” shall include Employees, Volunteers and Officials where the
Employee, Volunteer or Official otherwise meets the enrollment criteria set forth in this
definition.
19. Supportive Measures – Non-disciplinary and non-punitive individualized services designed
to restore or preserve access to the University’s Education Programs or Activities without
unduly burdening the other Party. Supportive Measures will be offered, as appropriate, to the
Complainant or the Respondent, regardless of whether a Formal Complaint is filed. Supportive
Measures may include, but are not limited to counseling, extensions of deadlines or other
course-related adjustments, modifications of work or class schedules, campus escort services,
restrictions on contact between the parties (no contact orders), changes in work or housing
locations, leaves of absence, and increased security and monitoring of certain areas of the
campus.
20. Title IX Coordinator – The individual designated by the University, with assistance of the
Deputy Title IX Coordinators, to coordinate the University’s compliance with Title IX and
VAWA and to respond to reports of violations. The Title IX Coordinator may not have a
conflict of interest or bias for or against an individual party, or for or against complainants or
respondents in general. The Title IX Coordinator may serve as the Investigator of a Formal
Complaint, including for Formal Complaints against Respondents who are Employees. The
Title IX Coordinator or Deputy Title IX Coordinator may not serve as a Decision Maker,
Appeals Officer or as an Advisor to any Party.
21. Volunteer - A recognized volunteer or any individual who represents or acts on behalf of the
university or whose actions may bind the university, regardless of whether the individual
receives monetary or other compensation. For purposes of this Policy, employees and officials
of recognized affiliated entities, ROTC instructors, visiting professors and unpaid camps and
conference personnel will be considered volunteers.
22. Witness – A person who has knowledge related to specific aspects of a case and may have
reported such aspects to the institution.
REPORTING SEXUAL MISCONDUCT
Any individual, including a third party, may make a report concerning sexual misconduct.
Complainants and third-parties are encouraged to report sexual misconduct as soon as possible
to allow the University to respond promptly and effectively.
The Title IX Coordinator (or designee) the Dean of Students, Senior Vice President for
Institutional Effective (or designee), Senior Associate Vice President for Human Resources,
and University President (or designee) have has authority to institute corrective measures for
reports of alleged violations of this Policy. Mandated reports to the Title IX Coordinator by
Officials, Volunteers and Employees shall not automatically result in corrective measures being
instituted. Individuals are encouraged to report sexual misconduct directly to the Title IX
Coordinator, through the University’s electronic and anonymous reporting systems or by filing
a Formal Complaint.
1. Reports to the Title IX Coordinator
Any person may report sex discrimination, including sexual misconduct (whether or not the
person reporting is the person alleged to be the person subjected to conduct that could constitute
sex discrimination or sexual misconduct), in person, by mail, by telephone, or by electronic
mail, using the contact information listed for the Title IX Coordinator, or by any other means
that results in the Title IX Coordinator receiving the person’s verbal or written report.
Name: Amy Salsgiver
Title: Executive Director of Social Equity and Title IX
Office Address: 423 Becht Hall Clarion, PA 16214
Email Address: asalsgiver@pennwest.edu
Telephone Number: 814-393-2109
On Campus Reporting Locations:
Edinboro Campus
Clarion Campus
California Campus
Andrew Matt
Amy Salsgiver
Sheleta Camarda-Webb
amatt@pennwest.edu
asalsgiver@pennwest.edu
camardawebb@pennwest.edu
213 Reeder Hall
423 Becht Hall
426 Dixon Hall
Such a report may be made at any time (including during non-business hours) by using the
telephone number or electronic mail address, or by mail to the office address listed for the Title
IX Coordinator.
The University’s Title IX Coordinator is trained to work with individuals who report sexual
misconduct and have knowledge about resources and services, both on and off campus,
including the availability of Supportive Measures.
If a report of misconduct discloses a serious or immediate threat to the campus community, the
University will issue a timely warning to the community to protect the health or safety of the
community. The timely warning will not include any identifying information about the
Complainant.
PLEASE NOTE: Title IX Coordinators are not a confidential source of support. While they will
address matters reported with sensitivity and will keep your information as private as possible,
confidentiality cannot be guaranteed. To speak with an individual designated as having
confidentiality, please contact Wellness Services:
Edinboro Campus
Clarion Campus
California Campus
McNerny Hall
Becht Hall
Carter Hall
Counseling 814-732-2252
Counseling 814-393-2255
Counseling 724-938-4056
Student Health Services
UPMC Health Services
Student Health Center
814-393-2121
724-938-4232
814-732-2743
PLEASE ALSO NOTE: Making a report is different from filing a Formal Complaint (see the
section titled Filing a Formal Complaint). A report is defined as notification of an incident of
sexual misconduct to the Title IX Coordinator or designee by any person. A report may be
accompanied by a request for (1) Supportive Measures; (2) no further action; (3) filing a Formal
Complaint a request to initiate an informal resolution process; and/or (4) a request to initiate an
informal resolution process after filing a Formal Complaint. Filing a Formal Complaint initiates
the University’s formal investigation process. (See Sexual Misconduct Resolution Process).
2. Electronic and Anonymous Reporting
You may also file a report about sexual misconduct using the appropriate links below. While
anonymous reports are accepted, the University’s ability to address misconduct reported
anonymously is significantly limited.
Individuals may use this
https://cm.maxient.com/reportingform.php?PennWestUniv&layout_id=38
to electronically file a report of sexual misconduct with the University.
Individuals may also file a report electronically by email to: asalsgiver@pennwest.edu
3. Filing a Formal Complaint
The timeframe for the Sexual Misconduct Resolution Process under this Policy begins with the
filing of a Formal Complaint and will be concluded within a reasonably prompt manner, and
usually no longer than 90 days after the filing of the Formal Complaint, provided that the Process
may be extended for a good reason, as set forth more fully in the Continuances and Granting
Extensions section. Appeals may extend the timeframe for resolution.
To file a Formal Complaint, a Complainant must provide the Title IX Coordinator a written, signed
complaint describing the facts alleged.
If a Complainant does not wish to make a Formal Complaint, the Title IX Coordinator may
determine a Formal Complaint is necessary. The University will inform the Complainant of this
decision in writing, and the Complainant need not participate in the process further, but will receive
all notices issued under this Sexual Misconduct Resolution Process. PLEASE NOTE: The Title
IX Coordinator does not lose impartiality solely due to signing a Formal Complaint.
A Complainant who files a Formal Complaint may elect, at any time, to address the matter through
the Informal Resolution Process (see the Informal Resolution section below).
4. Criminal Reporting Options
Edinboro Campus
Clarion Campus
California Campus
Penn West Edinboro Police
911 Scotland Road
Edinboro, PA 16444
814-732-2921
Penn West Clarion Police
945 Wood Street
Clarion, PA 16214
814-393-2111
Borough of Edinboro
Police Department
124 Meadville Street
Edinboro, PA 16412
814-734-1712
Penn West California Police
420 Hickory Street
Building B
California, PA 15419
724-938-4299
Clarion Borough Police
1400 East Main Street
Clarion, PA 16214
814-226-7707
California Borough Police
225 Third Street
California, PA 15419
724-938-3233
Pennsylvania State Police
Troop E
4320 Iroquois Avenue
Erie, PA 16511
814-898-1641
Pennsylvania State Police
2090 Commerce Road
Clarion, PA 16214
814-226-1710
Pennsylvania state Police
Troop B-Belle Vernon
560 Circle Drive
Belle Vernon, PA 15012
724-929-6262
PLEASE NOTE: The University’s policy, definitions, and burden of proof may differ from
Pennsylvania criminal law. Neither law enforcement’s decision whether to prosecute, nor the
outcome of any criminal prosecution, is determinative of whether sexual misconduct has
occurred under this Policy. In cases where there is a simultaneous law enforcement
investigation, there may be circumstances when the University may need to temporarily delay its
investigation while law enforcement gathers evidence. However, the University will generally
proceed with Formal Complaint even during the time of a pending law enforcement
investigation.
The University may not be informed of reports made to law enforcement agencies.
5. External Reporting Options
A person may also file a complaint with the U.S. Department of Education's Office for Civil
Rights regarding an alleged violation of Title IX by calling 1-800-421-3481 : 1-877-521-2172
TTY or emailing OCR.Philadelphia@ed.gov or visiting
https://www2.ed.gov/about/offices/list/ocr/complaintintro.html.
A person may also file a complaint with the Pennsylvania Human Relations Commission by
calling 717-787-9780 for the Harrisburg Regional Office; 412-565- 5395 for the Pittsburgh
Regional Office; or 215-560-2496 for the Philadelphia Regional Office; or by visiting
https://www.phrc.pa.gov/Pages/default.aspx.
Employees may also file a charge with the Equal Employment Opportunity Commission
regarding an alleged violation of Title VII by calling 1-800-669-4000 or visiting
https://www.eeoc.gov/employees/howtofile.cfm.
The University may not be informed of reports made to external agencies.
6. Truthfulness
All participants in the reporting and resolution processes have the responsibility to be truthful with
the information they share at all stages of the process. A report of a violation under this Policy is
not considered a bad faith report merely because the evidence does not ultimately support the
allegation. Individuals are prohibited from knowingly making a false report, filing a false Formal
Complaint or making misrepresentations. If an investigation results in a finding that a person has
willfully filed a bad faith report, filed a false Formal Complaint, or made misrepresentations as
part of the reporting or resolution process, the person may be subject to appropriate Disciplinary
Sanctions under the Code of Conduct in the case of Students or other relevant University policy
and collective bargaining agreements in the case of Officials, Employees or Volunteers.
7. Multiple Party Complaints
The Title IX Coordinator may consolidate Formal Complaints involving multiple parties where
the allegations of sexual misconduct arise from the same facts or circumstances; in such
consolidated matters, the Sexual Misconduct Resolution Process applies to more than one
Complainant and/or more than one Respondent, but each party is still an “individual” and not a
group or organization. The decision of the Title IX Coordinator to consolidate Formal Complaints
is not subject to appeal.
UNIVERSITY REPORTING OBLIGATIONS
1. Mandated Reporting Obligations of University Officials, Volunteers and Employees
All University Officials, Volunteers and Employees (including student employees) are obligated
to report incidents of sexual misconduct of which they become aware to the Title IX
Coordinator/designee, unless: 1) they serve in a role that makes such reports privileged or are
recognized as providing a confidential resource (see Statement on Privacy and Confidentiality); or
2) they are a faculty member and learn of the report from a student during a classroom
discussion, in a writing assignment for a class, or as part of a University-approved research
project.
PLEASE NOTE: These reporting exceptions do not apply to reports of sexual misconduct
involving an individual who was, or is, a child (a person under 18 years of age) when the abuse
allegedly occurred. When a report involves suspected abuse of a child (an individual under the age
of 18 at the time of the incident(s) as reported), all the University Employees, Officials and
Volunteers are required to notify the University police and the ChildLine run by the Pennsylvania
Department of Human Services (1-800-932-0313). All other members of the University
community are strongly encouraged to report suspected child abuse to law enforcement or the
ChildLine.
University Employees designated as Campus Security Authorities (CSAs) under the Clery Act
are required to report certain crimes for federal statistical reporting purposes.
2. University Obligations Regarding Timely Warnings
Parties reporting Sexual Assault, Domestic Violence, Dating Violence, and/or Stalking should be
aware that under the Clery Act, the University must issue timely warnings for reported incidents
that pose a serious or continuing threat of bodily harm or danger to members of the campus
community. If a report of sexual misconduct discloses a serious or immediate threat to the
campus community, the University will issue a timely notification to the community to protect
the health or safety of the community. The timely notification will not include any identifying
information about the Complainant.
JURISDICTION AND DISMISSALS
In certain circumstances where violations defined under the Final Rule as Regulatory Prohibited
Conduct (Regulatory Quid Pro Quo, Regulatory Hostile Environment Sexual Harassment,
Regulatory Dating Violence, Regulatory Domestic Violence, Regulatory Sexual Assault and
Regulatory Stalking) do not meet jurisdictional requirements, the University must dismiss those
allegations contained in the Formal Complaint.
In certain circumstances the Title IX Coordinator may dismiss a Formal Complaint, or any specific
allegations raised in the Formal Complaint at any time during the investigation or hearing.
Any Party may appeal a dismissal determination. See the Determining Jurisdiction and Mandatory
Dismissal for Certain Allegations under the Sexual Misconduct Resolution Process Section for
more information.
EMERGENCY REMOVAL FOR STUDENTS
1. The University retains the authority to remove a Respondent from its Education Programs or
Activities on an emergency basis. This action is also referred to as an emergency removal.
2. Before imposing an emergency removal on a student Respondent, the University will:
A. undertake an individualized safety and risk analysis; and
B. determine that an immediate threat to the physical health or safety of any student or other
individual arising from the allegations of covered sexual misconduct justifies a removal.
3. If the University imposes an emergency removal on a student Respondent, the University will
provide the Respondent with notice and an opportunity to challenge the decision immediately
following the removal.
A. The University will provide written notice of the emergency removal and applicable
charges.
B. The University will provide an opportunity for the Respondent to appeal that decision to
an appropriate Hearing Officer or designee within 10 days of the imposition of the
emergency removal.
C. The designated University Hearing Officer will hear the evidence and determine whether
there is sufficient evidence to support the conclusion that the Respondent poses an
immediate threat to the physical health or safety of any student or other individual arising
from the allegations of covered sexual misconduct and that, based on that threat, removal
is the appropriate course of action.
4. If the University learns of evidence that demonstrates that the emergency action is no longer
justified after the emergency removal is imposed against a student Respondent, the University
will take prompt action to rescind the emergency removal.
5. All emergency removals will also comply with requirements under Chapter 505 of Title 22
of the Pennsylvania Code concerning Student Personnel.
ADMINISTRATIVE LEAVE FOR EMPLOYEES
The University retains the authority to place Employees on administrative leave consistent with
applicable requirements of relevant University policies and collective bargaining agreements.
INFORMAL RESOLUTION PROCESS
Informal means of resolution, such as mediation, may be used as an alternative to the formal
investigation and hearing procedures. Informal resolution is a voluntary process and may be used
only where a Formal Complaint has been filed. Upon written agreement of all parties, informal
resolution may be initiated at any time prior to finding of responsibility in a hearing, and may be
terminated at any time prior to final resolution. If the informal process is terminated, the Sexual
Misconduct Resolution Process, which includes an investigation and hearing, will proceed. Once
a final resolution has been reached and documented and signed by all parties, the resolution cannot
be appealed.
Informal resolution may not be utilized when a Student files a Formal Complaint against a
University Employee, Volunteer or Official under this Policy.
SEXUAL MISCONDUCT RESOLUTION PROCESS
1. Formal Complaint
The Sexual Misconduct Resolution Process is initiated by a Complainant providing the Title IX
Coordinator a written, signed Formal Complaint describing the facts alleged. See the section titled
Filing a Formal Complaint above.
2. Notice of Allegations
The Title IX Coordinator will draft and provide a written Notice of Allegations to any Party alleged
to have violated this Policy. Such notice will occur as soon as practicable, but no more than 10
days, after the University receives a Formal Complaint of the allegations, if there are no
extenuating circumstances.
The Notice of Allegations will include the following:
A. Notice of the University’s Sexual Misconduct Resolution Process including any Informal
Resolution process and a hyperlink to a copy of the process.
B. Notice of the allegations potentially constituting violations(s) of any University policy, and
sufficient details known at the time the Notice of Allegations is issued, such as the identities
of the parties involved in the incident, if known, including the Complainant; the conduct
allegedly constituting a policy violation; and the date and location of the alleged incident,
if known.
C. A statement that the Respondent is presumed not responsible for the alleged conduct and
that a determination regarding responsibility is made at the conclusion of the hearing.
D. A statement that the Parties may have an Advisor of their choice.
E. A statement that before the conclusion of the investigation, the Parties may inspect and
review evidence obtained as part of the investigation that is directly related to the
allegations raised in the Formal Complaint, including the evidence upon which the
University does not intend to rely in reaching a determination regarding responsibility, and
evidence that both tends to prove or disprove the allegations, whether obtained from a Party
or other source.
F. Individuals are prohibited from knowingly filing a false report or making
misrepresentations. If, following an investigation and hearing as appropriate under
applicable policy, a person is found to have willfully filed a bad faith report or made
misrepresentations as part of a resolution process, the party may be subject to appropriate
Disciplinary Sanctions under the Code of Conduct in the case of Students or other relevant
University policy in the case of Officials, Employees or Volunteers.
The Parties will be notified by their University email accounts if they are a Student or Employee,
and by other reasonable means if they are neither. It is the responsibility of the Party to update the
Title IX Coordinator of any email address or other changes to the means of contact.
The University will provide sufficient time for the Parties to review the Notice of Allegations and
prepare a response before any initial interview.
3. Determining Jurisdiction and Mandatory Dismissal for Certain Allegations
For alleged violations of Regulatory Prohibited Conduct (Regulatory Quid Pro Quo, Regulatory
Hostile Environment Sexual Harassment, Regulatory Dating Violence, Regulatory Domestic
Violence, Regulatory Sexual Assault and Regulatory Stalking) the following elements will be
determined in the reasonable determination of the Title IX Coordinator:
A. The conduct is alleged to have occurred in the United States;
B. The conduct is alleged to have occurred in the University’s Education Program or Activity;
and
C. The alleged conduct, if true, would constitute covered Regulatory Prohibited Conduct, as
defined in this Policy.
If all of the elements are met, the University will investigate the allegations under the processes
set forth in this Policy. If any one of these elements is not met, the Title IX Coordinator will notify
the parties the specific allegation contained in the Formal Complaint does not meet the required
jurisdictional requirements under the Final Rule and is being dismissed. Any Party may appeal a
dismissal using the process set forth in the Appeals section below. Dismissal of any violations
constituting Regulatory Prohibited Conduct will not affect the University’s ability to proceed with
an investigation of allegations categorized as Non-Regulatory or other allegations under this Policy
or any other University Policy.
4. Discretionary Dismissals for All Allegations
The Title IX Coordinator may dismiss a Formal Complaint brought under this Policy, or any
specific allegations raised within that Formal Complaint, at any time during the investigation or
hearing, if:
A. A Complainant notifies the Title IX Coordinator in writing that they would like to withdraw
the Formal Complaint or any allegations raised in the Formal Complaint;
B. The Respondent is no longer enrolled in, associated with or employed by the University;
or,
C. If specific circumstances prevent the University from gathering evidence sufficient to reach
a determination regarding the Formal Complaint or allegations within the Formal
Complaint.
Any Party may appeal a dismissal using the process set forth in the Appeals section below.
5. Allegations Potentially Falling Under Two Policies
If a Formal Complaint against a Respondent who is a Student contains allegations of a violation
of any of the listed Sexual Misconduct Violations in this Policy, as well as any other violation in
the Code of Conduct, the Sexual Misconduct Resolution Process set forth in this Policy will be
applied in the investigation and adjudication of all of the allegations. If all of the alleged Sexual
Misconduct Violations of this Policy are dismissed, and the remaining underlying allegations, if
true, would violate another University policy or the University’s Code of Conduct, the matter may
be referred for further action by the University’s Office of Student Conduct, as appropriate.
If a Formal Complaint against a Respondent who is an Employee contains allegations of violations
of Regulatory Prohibited Conduct (Regulatory Quid Pro Quo, Regulatory Hostile Environment
Sexual Harassment, Regulatory Dating Violence, Regulatory Domestic Violence, Regulatory
Sexual Assault and Regulatory Stalking), the Sexual Misconduct Resolution Process set forth in
this Policy will be applied in the investigation and adjudication of those allegations. For all other
allegations, the University will follow applicable requirements in University policies and relevant
collective bargaining agreements for resolution of the other allegations contained in the Formal
Complaint.
If a Formal Complaint against a Respondent who is an Official or Volunteer contains any
allegations under this Policy, the University or System will follow applicable requirements in
University or System policies or procedures and standards for resolution of the allegations
contained in the Formal Complaint.
6. Notice of Dismissal
Upon reaching a decision that any specific allegation contained in the Formal Complaint will be
dismissed, the University will promptly send written notice of the dismissal and the reason for the
dismissal, simultaneously to the Parties through their institutional or other provided email account.
It is the responsibility of Party to update the Title IX Coordinator of any email address or other
changes to the means of contact.
7. Investigation
A. General Rules of Investigations
The Title IX Coordinator and/or an Investigator designated by the Title IX Coordinator will
perform an investigation of the conduct alleged under a reasonably prompt timeframe,
following issuance of the Notice of Allegations.
The University and not the Parties, has the burden of proof and the burden of gathering
evidence, i.e., the responsibility of showing a violation of this Policy has occurred. Either party
may decide not to share their account of what occurred or may decide not to participate in an
investigation or hearing. This does not shift the burden of proof away from the University and
does not indicate responsibility.
The University will provide an equal opportunity for the parties to present witnesses,
including fact and expert witnesses, and other inculpatory and exculpatory evidence, (i.e.,
evidence that tends to prove and disprove the allegations). See Inspection and Review of
Evidence section below.
Medical records of a party (or parent, if applicable) will not be considered as part of the
investigation unless the party to whom the medical records belong provides the records to the
Investigator. Any relevant medical records shared with the Investigator will be attached to the
Investigative Report and shared with the other party and Decision Maker(s).
B. Inspection and Review of Evidence
Prior to the completion of the investigation, the parties will have an equal opportunity to inspect
and review the evidence obtained through the investigation. The purpose of the inspection and
review process is to allow each party the equal opportunity to meaningfully respond to the
evidence prior to issuance of the Investigative Report.
Evidence that will be available for inspection and review by the parties will be any evidence
that is directly related to the allegations raised in the Formal Complaint. It will include any:
1) Evidence that is relevant, even if that evidence does not end up being relied upon by
the Decision Maker(s) in making a determination regarding responsibility;
2) inculpatory or exculpatory evidence (i.e., evidence that tends to prove or disprove the
allegations) that is directly related to the allegations, whether obtained from a Party or
other source.
The University will make the evidence available to each Party and each Party’s Advisor, if
any, for inspection and review through an electronic format or a hard copy. The University will
also provide a draft of the Investigative Report for review. The University is not under an
obligation to use any specific process or technology to provide the evidence or report and shall
have the sole discretion in terms of determining format and any restrictions or limitations on
access.
The Parties will have 10 days to inspect and review the evidence and review the draft
Investigative Report and submit a written response by email to the Investigator that includes
any new or additional evidence the Party would like the Investigator to consider. The
University will provide copies of the Parties’ written responses, and any new or additional
evidence provided, to the other Party and their Advisor. The other Party will have 5 days to
inspect, review, and respond to the new or additional evidence through a written response to
the Investigator. The University will provide copies of the Party’s supplemental written
response to the other Party and their Advisor.
The Parties and their Advisors may not disseminate, photograph, copy or otherwise use the
draft Investigative Report or use any of the evidence subject to inspection and review for any
purpose unrelated to the Sexual Misconduct Resolution Process. Any violation of this
confidentiality requirement may result in separate disciplinary action under the Code of
Conduct or other University Policy, as appropriate.
Any evidence subject to inspection and review will be available at any hearing held, including
for purposes of cross-examination.
The Investigator will consider the parties’ written responses before completing the
Investigative Report. Parties may request a reasonable extension of the time to submit a written
response, which may be denied in the sole discretion of the Investigator, in consultation with
the Title IX Coordinator.
The Investigator has 10 days to generate a report or after the responses to additional evidence
are due; the Investigator may provide the Parties and their Advisors with written notice
extending the investigation and explaining the reason for the extension.
C. Investigative Report
The Investigator will create an Investigative Report that fairly summarizes relevant evidence.
The Investigative Report is not intended to catalog all evidence obtained by the Investigator,
but only to provide a fair summary of that evidence.
Only relevant evidence (including both inculpatory and exculpatory relevant evidence – i.e.,
tending to prove and disprove the allegations, respectively) will be referenced in the
Investigative Report.
Evidence obtained in the investigation that is determined in the reasoned judgment of the
Investigator not to be directly related to the allegations in the Formal Complaint will be
included in the appendices to the Investigative Report. The investigator may redact irrelevant
information from the Investigative Report when that information is contained in otherwise
relevant documents or evidence.
The Investigative Report will be shared with the Parties and their Advisors at least 10 days
prior to any hearing for their review and written response. Any written response received after
the Investigative Report is shared will be shared with the Decision-Makers(s) and the other
Party and their Advisor prior to the hearing. The Title IX Coordinator or Hearing Officer may
reschedule or postpone the hearing if the Title IX Coordinator or Hearing Officer determines
additional time is necessary for the Parties, their Advisors, or the Decision-Maker(s) to review
written responses.
D. Ongoing Notice
If, in the course of an investigation, the University decides to investigate allegations about
either Party that are not included in the Notice of Allegations and are otherwise covered Sexual
Misconduct Violations falling within this Policy or other violations of the University Code of
Conduct, the University will notify the Parties of the additional allegations by their
University email accounts or other reasonable means. It is the responsibility of the Party to
update the Title IX Coordinator of any email address or other changes to the means of contact.
The Parties will be provided sufficient time to review the additional allegations to prepare a
response before any initial interview regarding those additional allegations.
8. General Rules of Hearings
A. Notice of Hearing
No less than 10 days prior to the hearing, the Title IX Coordinator, Hearing Officer or other
designee will send written notice of the hearing to the Parties. The Parties will be notified
by their University email accounts or by other reasonable means. Once mailed, emailed,
and/or received in-person, notice will be presumptively delivered.
The Notice of Hearing will contain:
1)
A description of the alleged violation(s), a list of all policies allegedly violated, a
description of the applicable procedures, and a statement of the potential Disciplinary
Sanctions actions that could result.
2)
The time, date, and location of the hearing.
3)
Information about the option for the hearing to occur with the parties located in
separate rooms using technology that enables the Decision Maker(s) and Parties to
see and hear a Party or Witness answering questions. Parties should inform the Title
IX Coordinator, Hearing Officer or other designee of any desire to have the hearing
occur in separate rooms at least 3 days prior to the hearing to ensure appropriate
technology is in place.
4)
Information on how the hearing will be recorded and on access to the recording for
the Parties after the hearing.
5)
A copy of the rules of decorum for all hearing participants
6)
A list of the Decision Makers, Board Chair, and Hearing Officer who will attend the
hearing, along with an invitation to object to any actual or perceived conflicts of
interest or bias of the Decision Maker(s) prior to the hearing. The President of the
University shall serve as the Decision Maker for all cases involving a Respondent
who is a faculty member. In all cases involving a Respondent who is an Employee,
the President may designate a Decision-Maker.
7)
A statement that if any Party or Witness does not appear at the scheduled hearing, the
hearing may be held in their absence, and the testimony or any statements provided
by the Party or Witness prior to the hearing will not be considered by the Decision
Maker.
8)
Notification that the parties may have the assistance of an Advisor of their choice at
the hearing and will be required to have one present for any questions they may desire
to ask of the other Party or Witnesses. The Party should notify the Title IX
Coordinator, Hearing Officer or other designee in advance of the hearing if they do
not have an Advisor, and the University will appoint one. Each party must have an
Advisor present.
9)
A copy of all the materials provided to the Decision Maker(s) about the matter and
the opportunity to provide a written response in advance of the hearing.
10) Information regarding who to contact to arrange any disability accommodations,
language assistance, and/or interpretation services that may be needed at the hearing.
11) For compelling reasons, the Hearing Officer or other designee may reschedule the
hearing.
B. Hearing
The University will not issue a Disciplinary Sanction arising from an allegation of a
violation of this Policy without holding a hearing, unless otherwise resolved through an
informal resolution process or an alternate process permitted under this Policy. If the
University determines a hearing is necessary, the Parties cannot waive the right to a
hearing.
The University may still proceed with the hearing in the absence of a Party, and may reach
a determination of responsibility in their absence. The University will not threaten, coerce,
intimidate, or discriminate against the Party in an attempt to secure the Party’s
participation.
The Decision Maker(s) cannot draw an inference about the determination regarding
responsibility based solely on a Party’s absence from the hearing or refusal to answer cross
examination or other questions.
The hearing may be conducted with all Parties physically present in the same geographic
location, or, at the University’s discretion, any or all Parties, Witnesses, and other
participants may appear at the hearing virtually through video conferencing technology.
This technology will enable participants simultaneously to see and hear each other. At its
discretion, the University may delay or adjourn a hearing based on technological errors.
All proceedings will be recorded through audio recording. That recording or a transcript,
if one is available, will be made available to the Parties for inspection and review upon
request.
All hearings for student Respondents will comply with requirements under Chapter 505 of
Title 22 of the Pennsylvania Code concerning Student Personnel. All hearings for
employee Respondents will comply with applicable collective bargaining requirements and
University and Board of Governors Policy and Procedure/Standard requirements.
C. Continuances or Granting Extensions
The University may determine that multiple sessions or a continuance (i.e., a pause on the
continuation of the hearing until a later date or time) is needed to complete a hearing. If so,
the University will notify all participants and endeavor to accommodate all participants’
schedules and complete the hearing as promptly as practicable.
D. Participants in the Hearing
Hearings are not public, and the only individuals permitted to participate in the hearing are
as follows:
1) The Decision Maker(s), including a designated Board chair
2) The Hearing Officer (non-voting)
3) IT personnel (as needed)
4) The Parties
5) Advisor of choice or provided by the University for each Party
6) Witnesses
7) Any individuals necessary to provide interpretation or other support services associated
with reasonable accommodations to facilitate participation in the hearing.
The Decision Maker(s) and Hearing Officer will not have a conflict of interest or bias in
favor of or against Complainants or Respondents generally, or in favor or against the
Parties to the particular case. The Parties will have an opportunity to raise any objections
regarding a Decision Maker’s actual or perceived conflicts of interest or bias at the
beginning of the hearing.
Parties and Witnesses cannot be compelled to participate in the hearing, and have the right
not to participate in the hearing free from retaliation.
E. Hearing Procedures
For all hearings conducted under this Policy, the procedure will be as follows:
1) Hearing Officer will open and establish rules and expectations for the hearing.
2) The Parties will each be given the opportunity to provide opening statements.
3) The Investigator will present a summary of the final Investigative Report, including
items that are and are not contested. The Investigator will be subject to questioning by
the Decision Maker(s) and the Parties (through their Advisors). The Investigator should
not be asked their opinion on credibility, recommended findings or determinations. If
such information is introduced, the Board Chair will direct that it be disregarded.
4) Board Chair and Decision Maker(s) will ask questions of the Parties and Witnesses.
5) Parties will be given the opportunity for cross-examination after the Decision Maker(s)
conduct(s) its initial round of questioning See Cross-Examination Procedure below.
6) During the Parties’ cross-examination, Board Chair will have the authority to pause
cross-examination at any time for the purposes of asking Decision Maker(s) own follow
up questions; and any time necessary in order to enforce order for the hearing or the
established rules of decorum. If an Advisor does not comply with the established rules
of decorum, may provide that Party with a different Advisor to conduct crossexamination on behalf of that Party.
7) Should a Party or the Party’s Advisor choose not to cross-examine a Party or Witness,
the Party shall affirmatively waive cross-examination through a written or oral
statement to the Decision Maker(s). A Party’s waiver of cross-examination does not
eliminate the ability of the Decision Maker(s) to use statements made by the Party.
F. Relevant evidence and questions
“Relevant” evidence and questions are those questions and evidence that tends to make an
allegation of sexual misconduct more or less likely to be true. “Relevant” evidence and
questions do not include the following types of evidence and questions, which are deemed
“irrelevant” at all stages of any process initiated under this Policy:
1) Evidence and questions about the Complainant’s sexual predisposition or prior sexual
behavior unless:
a) They are offered to prove that someone other than the Respondent committed the
conduct alleged by the Complainant, or
b) They concern specific incidents of the Complainant’s prior sexual behavior with
respect to the Respondent and are offered to prove Consent.
2) Evidence and questions that constitute, or seek disclosure of, information protected
under a legally-recognized privilege including attorney-client privilege; or
3) Any party’s medical, psychological, and similar records unless the party has given
voluntary, written consent.
G. Cross-Examination
1) Each Party’s Advisor may conduct cross-examination of the other Party or Parties and
Witnesses and ask follow-up questions, including those challenging credibility directly,
orally, and in real time.
2) Parties will not be permitted to personally cross-examine each other.
3) If a Party does not participate in a hearing, the Party’s Advisor may attend and conduct
cross-examination on behalf of the Party.
4) If neither a Party nor their Advisor appear at the hearing, the University will provide
an Advisor to appear on behalf of the non-appearing Party and ask cross-examination
questions.
5) Before any cross-examination question is answered, the Board Chair will determine if
the question is relevant. Cross-examination questions that are duplicative of those
already asked, including by the Decision Maker(s) may be deemed irrelevant if they
have been asked and answered.
6) The Board Chair must explain to the Party proposing the question any decision to
exclude a question as not relevant.
7) The Decision Maker(s) may not draw an inference about a determination regarding
responsibility based solely on a Party's or Witness's absence from the hearing or refusal
to answer cross-examination or other questions.
8) Failure to answer questions at the hearing may impact the information the Decision
Maker(s) will consider. In accordance with due process requirements applicable to
Pennsylvania universities, hearings must include the opportunity to cross-examine
witnesses when credibility determinations are at issue. As such, if any witness is not
available for cross examination, the Decision Maker(s) must determine whether any
statements or testimony from that witness are admissible for the Decision Maker’s
consideration.
9. Decisions
A. General Considerations for Evaluating Testimony and Evidence
1)
While the opportunity for cross-examination is required in all hearings under this
Policy, determinations regarding responsibility may be based in part, or entirely, on
documentary, audiovisual, and digital evidence, as warranted in the reasoned
judgment of the Decision Maker(s).
2)
Hearsay evidence may not be used to establish a fact necessary to establish
responsibility consistent with the requirements under Chapter 505 of Title 22 of the
Pennsylvania Code concerning Student Personnel.
3)
Decision Maker(s) shall not draw inferences regarding a Party or Witness’ credibility
based on the Party or Witness’ status as a Complainant, Respondent, or Witness, nor
shall it base its judgments in stereotypes about how a Party or Witness would or
should act under the circumstances.
4)
Generally, credibility judgments should rest on the demeanor of the Party or Witness,
the plausibility of their testimony, the consistency of their testimony, and its
reliability in light of corroborating or conflicting testimony or evidence.
5)
Credibility judgments should not rest on whether a Party or Witness’ testimony is
non-linear or incomplete, or if the Party or Witness is displaying stress or anxiety.
6)
Where a Party or Witness’ conduct or statements demonstrate that the Party or
Witness is engaging in retaliatory conduct, including but not limited to witness
tampering and intimidation, the Decision Maker(s) may draw an adverse inference as
to that Party or Witness’ credibility.
7)
Decision Maker(s) will afford the highest weight relative to other testimony to firsthand testimony by Parties and Witnesses regarding their own memory of specific
facts that occurred. Both inculpatory and exculpatory (i.e., tending to prove and
disprove the allegations) evidence will be weighed in equal fashion.
8)
The Final Rule requires the University to admit and allow testimony regarding
polygraph tests (“lie detector tests”) and other procedures that are outside of standard
use in academic and non-academic conduct processes. While the processes and
testimony about them will be allowed to testify and be crossed as required by the
Final Rule, the Decision Maker(s) will be instructed to afford lower weight to such
processes relative to the testimony of fact witnesses.
9)
The Final Rule requires the University allow parties to call character witnesses to
testify. The University does not provide for character witnesses in other proceedings.
While the character witnesses will be allowed to testify and be crossed as required by
the Final Rule, the Decision Maker(s) will be instructed to afford very low weight to
any non-factual character testimony of any Witness.
B. Timeline for Decision
If there are no extenuating circumstances, the determination regarding responsibility will be
issued by the University within 10 days of the completion of the hearing.
C. Finality
The determination regarding responsibility becomes final either upon the outcome of any
appeal or the expiration of the window to appeal without an appeal being requested as set forth
in the Appeals section below.
10. Disciplinary Sanctions Against Students
A. Possible Disciplinary Sanctions
The University may impose the following Disciplinary Sanctions upon Students, singly or in
combination:
Disciplinary Warning: Official notice that specific behavior or activity was in violation
of the conduct code and that further violations may result in more serious disciplinary
action. Students receiving a Disciplinary Warning remain in good disciplinary standing.
Disciplinary Probation: Official notification of a specified period of review and
monitoring. Further violations of the conduct code may result in more severe disciplinary
action, including an examination of continued status as a Student. Students on Disciplinary
Probation are not in good disciplinary standing.
Final Disciplinary Probation: Final Disciplinary Probation is imposed only in very
serious cases or in response to progressive discipline stipulating that a Student, in lieu of
University suspension, is being allowed to remain at the University provided that the
Student adheres to certain conditions, as set by the Board or Hearing Officer. A Student on
Final Disciplinary Probation is denied the privilege to represent the University in any
organized capacity including intercollegiate varsity, non-varsity or club events or to hold
office in any Student Organization. Students on Final Disciplinary Probation are not in
good disciplinary standing.
Suspension: Official notification involving a disciplinary separation from the University
for a specified period generally not less than one semester and generally not exceeding two
years. Suspension involves denial of all affiliated privileges and rights, including the
privilege of using University facilities. A Student may not attend classes or be enrolled in
online or distance education, take exams, earn grades, attending University activities or be
on University property except for University business during the suspension
period. University business must be approved in advance by the Dean of Students or
designee.
Further violations of the conduct code may result in more severe disciplinary action,
including an examination of continued status as a Student. Students on Suspension are not
in good disciplinary standing. All stipulated conditions shall be completed before
reenrollment.
Expulsion: Official notification of permanent separation and termination of the Referred
Party’s status as a Student, and exclusion from University property, privileges, and
activities. Students on Expulsion are not in good disciplinary standing.
Restitution: Reimbursement for damage to, or destruction of, University property.
Housing Reassignment: Movement from a current residential assignment to another
location in campus housing. Housing rates may be impacted.
Housing Removal: Removal from campus housing for a specified period of time. Access
to campus housing including visitation is prohibited. Should circumstances warrant,
housing removal could be permanent. In accordance with Residence Life policy, in such
instances there will be no refund of housing fees.
Restriction of Privileges: Exclusion from, or limits on, participation in specified services
and activities or specified campus facilities. Prohibition of participation in campus cocurricular activities or use of campus services, e.g., intramural participation, room
reservation privileges, leadership
Educational Activities: Completion of a specified activity, service project, educational
program, event, assignment, papers, meetings or other educational and/or restorative
assignment.
B. Previous Disciplinary Sanctions
Previous Disciplinary Sanctions of any kind involving the Respondent may be considered in
determining an appropriate sanction upon a determination of responsibility. This information
is only considered at the sanction stage of the process.
C. Timing
The Disciplinary Sanctions will be implemented as soon as is feasible, either upon the outcome
of any appeal or the expiration of the window to appeal without an appeal being requested.
11. Disciplinary Sanctions Against Employees, Officials and Volunteers
A. Possible Disciplinary Sanctions
Disciplinary Sanctions imposed on an Employee for violating this Policy, subject to an
applicable collective bargaining agreement or University/System policies, may include a
penalty up to and including separation from employment.
Disciplinary Sanctions imposed on an Official or Volunteer may include a penalty up to
removal or the request for removal of the Official or Volunteer from their respective
position.
B. Timing
The Disciplinary Sanctions will be implemented as soon as is feasible, either upon the
outcome of any appeal or the expiration of the window to appeal without an appeal being
requested.
12. Appeals by Where the Respondent is a Student
A. Each Party may appeal the dismissal of a Formal Complaint or any included allegations or
a determination of responsibility on the following grounds:
1) A procedural irregularity under the University policy or procedures that more likely
than not affected the hearing outcome.
2) New evidence that was not reasonably available through the exercise of reasonable
diligence at the time of the hearing or dismissal of the Formal Complaint that more
likely than not could affect the outcome of the matter.
3) The Title IX Coordinator, Investigator(s), or Decision Maker(s) had a conflict of
interest or bias for or against an individual party, or for or against complainants or
respondents in general, that more likely than not affected the outcome of the matter.
4) The Disciplinary Sanction imposed was arbitrary or capricious or the appropriateness
of the sanction.
B. Appeals must be filed in writing within 5 days of being notified of the decision and must
indicate the grounds for the appeal.
C. The submission of an appeal stays any Disciplinary Sanctions for the pendency of an
appeal. Supportive Measures and remote learning opportunities remain available during
the pendency of the appeal.
D. If a party appeals, the University will notify the other party in writing of the appeal as soon
as practicable, however the time for appeal shall be offered equitably to all parties and shall
not be extended for any party solely because the other party filed an appeal. If the basis of
the appeal is the Disciplinary Sanction imposed was arbitrary or capricious or
inappropriate, the other Party will be given 5 days to respond to the Disciplinary Sanctions
basis of appeal after being notified of the appeal.
E. Appeals will be decided by the University President or designee who will be free of conflict
of interest and bias, and will not serve as an Investigator, Title IX Coordinator, Advisor or
Decision Maker in the same matter.
F. The role of the University President or designee is not to reweigh the evidence. The
University President or designee will confine their review to the basis of appeal alleged
and may modify the sanction. The University President or designee may modify the
Disciplinary Sanction if an appeal on the basis of an arbitrary or capricious Disciplinary
Sanction being imposed is granted. In the event a Disciplinary Sanction is modified, the
other party will be notified of the modified Disciplinary Sanction.
G. The outcome of appeal will be provided in writing simultaneously to both Parties, and
include rationale for the decision.
13. Appeals Where the Respondent is an Employee
A. Each Party may appeal the dismissal of a Formal Complaint or any included allegations or
a determination of responsibility on the following grounds:
1) A procedural irregularity under the University policy or procedures that affected the
hearing outcome.
2) New evidence that was not reasonably available through the exercise of reasonable
diligence at the time of the hearing or dismissal of the Formal Complaint that could
affect the outcome of the matter.
3) The Title IX Coordinator, Investigator(s), or Decision Maker(s) had a conflict of
interest or bias for or against an individual party, or for or against complainants or
respondents in general, that affected the outcome of the matter.
B. Appeals must be filed in writing within 5 days of being notified of the decision and must
indicate the grounds for the appeal.
C. The submission of an appeal stays any Disciplinary Sanctions for the pendency of an
appeal. Supportive Measures remain available during the pendency of the appeal.
D. If a Party appeals, the University will notify the other Party in writing of the appeal as soon
as practicable, however the time for appeal shall be offered equitably to all Parties and shall
not be extended for any Party solely because the other Party filed an appeal.
E. Appeals will be decided by and individual who will be free of conflict of interest and bias,
and will not serve as an Investigator, Title IX Coordinator, Advisor or Decision Maker in
the same matter. In cases of appeal of a finding of responsibility filed by an Employee who
is a faculty member, the Pennsylvania State System of Higher Education Chancellor or
their designee will serve as the Appeal Officer. In all other cases of an appeal of either a
dismissal or finding of responsibility, filed by an Employee, the President or their designee
will serve as the Appeal Officer.
F. The appealing party must meet its burden to demonstrate the outcome was affected by a
preponderance of the evidence. The role of the Appeal Officer is not to reweigh the
evidence. The Appeal Officer will confine their review to the basis of appeal alleged.
G. The outcome of appeal will be provided in writing simultaneously to both parties, and
include rationale for the decision.
H. All local or step 3 grievance rights under a collective bargaining agreement will be stayed
pending the disposition of the appeal.
RIGHTS/RESPONSIBILITIES
A. Reports and Formal Complaints have different meanings. An individual has a right to make a
report of sexual misconduct to the University, which may be accompanied by a request for
Supportive Measures. An individual also has a right to make a Formal Complaint of sexual
misconduct, which is a request to initiate the University’s informal resolution process or a
formal disciplinary process, which includes an investigation and may proceed to a hearing.
B. Prior to the conclusion of a sexual misconduct investigation, the Complainant may request to
withdraw the Formal Complaint by contacting the Title IX Coordinator/designee in writing.
The Title IX Coordinator/designee will determine whether to close the case or conclude the
investigation without the Complainant’s continued participation.
C. An individual also has the right to report sexual misconduct to law enforcement, separate and
apart from any report or Formal Complaint made to the University.
D. Victims and witnesses of sexual misconduct have the right to be assisted by the University in
notifying law enforcement authorities of sexual misconduct or they can decline to notify such
authorities.
E. Witnesses and Parties cannot be compelled to participate in the hearing, and have the right
not to participate in the hearing free from retaliation.
F. Each Party who is charged with a violation of this Policy where jurisdiction is appropriate
has a right to a hearing and for an Advisor to cross-examine Parties and Witnesses.
G. At the time a report is made, the reporting party does not have to decide whether to file a
Formal Complaint or make a report of sexual misconduct to law enforcement.
H. An affected party has the right to request Supportive Measures from the University, which may
include interim contact restrictions.
I. The reporting party has the right to seek medical treatment to address physical and mental
health and to preserve evidence.
J. Parties may also have options to file civil actions in court or with administrative agencies.
K. To file a Formal Complaint, please contact the Title IX Coordinator/designee.
REVISION HISTORY
Revisions made 12/2021 to:
Introduction Section - Paragraph 1: Purpose of the Policy; Paragraph 4: Statement on
Privacy and Confidentiality; Paragraph 5: Disability Accommodations; Paragraph 13:
Revocation by Operation of Law;
Other Definitions Section
Sexual Misconduct Resolution Process - Paragraph 2: Notice of Allegations; Paragraph 6:
Notice of Dismissal; Paragraph 7: Investigations; Paragraph 8: General Rules of Hearings;
Paragraph 9: Decisions; Paragraph 13: Appeals
Approved by President Dale Elizabeth Pehrsson and PEC on May 25, 2022.