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Policy DE002: Non-Discrimination Policy
Recommended for Approval by:
Amy E. Salsgiver
Amy E. Salsgiver, Executive Director of Equity and Title IX
Approved by:
Dr. Dale-Elizabeth Pehrsson, President
Effective Date: 01/17/2023
PURPOSE............................................................................................................................................2
SCOPE OF POLICY................................................................................................................................2
LEGAL AUTHORITY ..............................................................................................................................2
REPORTING ........................................................................................................................................2
RESOURCES ........................................................................................................................................6
TRAINING...........................................................................................................................................7
FREE EXPRESSION AND ACADEMIC FREEDOM ......................................................................................7
STATEMENT ON PRIVACY AND CONFIDENTIALITY .................................................................................7
DISABILITY ACCOMMODATIONS ..........................................................................................................8
RELATED POLICIES ..............................................................................................................................8
DEFINITIONS ......................................................................................................................................8
PROHIBITED CONDUCT .......................................................................................................................9
GENERAL PROCEDURES..................................................................................................................... 11
DISCIPLINARY SANCTIONS ................................................................................................................. 13
EFFECTIVE DATE ............................................................................................................................... 13
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PURPOSE
To define what actions and conduct are prohibited under this Policy and the process Pennsylvania
Western University (the “University”) will undertake to respond to reports of discrimination, harassment
and sexual misconduct allegations against applicants for admission or employment, students,
employees, volunteers, officials and contractors of the University.
The Pennsylvania State System of Higher Education and the University are committed to providing equal
access to all individuals and prohibiting any form of discrimination and harassment on the basis of race,
color, religion, national origin, ancestry, sex, age, marital status, familial status, sexual orientation,
gender identity and expression, pregnancy, genetic information, disability, status as a veteran, or any
other characteristic prohibited under applicable federal or state law (all a “protected category”) in any
decision-making regarding admissions, employment, or participation in a University Education Program
or Activity.
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
discrimination, harassment, or sexual misconduct; however, the University strongly encourages prompt
reporting to allow the University to respond effectively and in a timely manner. 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 complaint for a lack of
jurisdiction.
LEGAL AUTHORITY
Discrimination, harassment, and sexual misconduct are currently prohibited under federal , state, and
local laws including under Titles IV, VI and VII of the Civil Rights Act of 1964, as amended; the Americans
with Disabilities Act; the Age Discrimination in Employment Act; Title IX of the Education Amendments
of 1972 and its implementing regulations; and the Pennsylvania Human Relations Act.
This Policy is not intended to interfere with or replace any rights an individual may have under principles
of due process, merit principles, an applicable collective bargaining agreement or applicable University
or Board of Governors policies.
REPORTING
1. Reporting to the University
Any individual, including a third party, who becomes aware of behavior prohibited under this Policy may
make a report to the appropriate individuals or offices, as set forth below. Reporting Individuals are
encouraged to report as soon as possible, which will permit the University to respond promptly and
effectively, and to use reporting forms provided by the University. Written reports are preferred to
verbal reports.
While anonymous reports are accepted, the University’s ability to address alleged misconduct reported
anonymously is significantly limited.
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University administrators and supervisors who receive any verbal or written report of discrimination,
harassment or sexual misconduct should contact the Office of Social Equity and Title IX.
Reports should be directed to the Reviewing Office below, depending on the status of the individual
alleged to have engaged in the behavior. Reports received by any office may be referred to the
appropriate Reviewing Office.
For Conduct Allegedly
Committed by
Students or Student
Organizations
Report To the Following
Reviewing Office
Office of the Dean of
Students
Contact Information
Employees or Third Parties
(including Officials,
Volunteers and
Contractors)
Office of Social Equity
and Title IX
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: 814393-2109
This Policy or Policy
DE001 Sexual
Misconduct Policy and
Procedure for
Regulatory and NonRegulatory Prohibited
Misconduct
Any party concerning
sexual misconduct
Title IX Coordinator
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: 814393-2109
Will be referred to the
appropriate office
under this Policy or
Policy DE001 Sexual
Misconduct Policy and
Procedure for
Regulatory and NonRegulatory Prohibited
Misconduct
President
The Office of Equity and
Title IX
Name: Amy Salsgiver
Title: Executive Director
of Social Equity and Title
IX
Office Address: 423 Becht
Hall Clarion, PA 16214
Email Address:
This Policy or Policy
DE001 Sexual
Misconduct Policy and
Procedure for
Regulatory and NonRegulatory Prohibited
Misconduct
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Name: Matt Shaffer
Title: Dean of Students
Office Address: 271
Gemmell Hall Clarion, PA
16214
Email Address:
mshaffer@pennwest.edu
Telephone Number: 814393-1982
Policy Governing
Procedures
DE001 Sexual
Misconduct Policy and
Procedure or the
Student Code of
Conduct
asalsgiver@pennwest.edu
Telephone Number: 814393-2109
Office of the Dean of
Students, Human
Resources Director, Social
Equity or Title IX
Coordinator
The Office of the
President
Name: Kelly Moran
Title: Chief of Staff,
University Affairs
Office Address: 103 Old
Main, 204 Senior Dr.,
California, PA 15419
Email Address:
kmoran@pennwest.edu
Telephone Number: 412905-9695
This Policy or Policy
DE001 Sexual
Misconduct Policy and
Procedure for
Regulatory and NonRegulatory Prohibited
Misconduct
If the Reviewing Office determines the allegations, if true, may represent a violation of this Policy or a
related policy, an investigator will be assigned, the Complainant or Reporting Individual will be notified
that an investigation will occur, and the Respondent will be notified in writing of the allegations
consistent with the requirements of this the applicable policy and any applicable collective bargaining
agreement. Allegations of Regulatory Prohibited Misconduct will follow the procedures set forth in
Policy DE001 Sexual Misconduct Policy and Procedures. Allegations against student respondents will
follow the procedures set forth in the applicable governing policy set forth in the table above.
If the Reviewing Office determines the allegations, if true, would not constitute discrimination,
harassment, or sexual misconduct prohibited under this Policy, the Reporting Individual will be advised
in writing of that determination and of any other recourse that may be available.
The Reviewing Office will respond to all inquiries, reports, and requests or refer the Reporting Individual
to the appropriate office as promptly as possible, and in a manner appropriate to the particular
circumstances. This response may include interim measures to protect the parties during the
investigation process. Interim measures involving employees in collective bargaining units should be
determined in consultation with human resources and labor relations representatives. The University
has the discretion to consolidate multiple allegations into a single investigation if the allegations arise
out of similar facts or circumstances.
In the case of allegations against a student, the Office of Equity and Title IX will refer the matter to the
Office of Student Conduct and the matter will fall under the Student Code of Conduct, Policy DEOO1
Sexual Misconduct Policy and Procedure, or other appropriate University policy.
In the case of allegations against the President, The Office of Equity and Title IX will communicate with
and cooperate with the State System’s Office of Chief Counsel to identify an appropriate investigator.
The selected investigator will forward a report to the Chancellor or Designee for review and final
determination.
In the case of allegations against an employee of the Office of Dean of Students, the Human Resources
Director, the Executive Director of Equity and Title IX, the Office of the President will identify an
appropriate investigator. The selected investigator will forward a report to the President or Designee for
review and final determination.
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In the case of allegations against an employee or agent of a Contractor, the matter may be referred to
the Contractor for handling.
2. Anonymous Reporting
Anonymous complaints of discrimination, harassment and sexual misconduct may be filed with the
University through https://cm.maxient.com/reportingform.php?PennWestUniv&layout_id=35; by
calling California – 724-938-5758, Clarion – 814-393-2109, Edinboro – 814-732-1564; or by sending an
email to dei@pennwest.edu.
Individuals may file an anonymous complaint with the State System’s Incident Reporting System by
calling 855-298-5316 or filling out a form online. The Incident Reporting System is not intended to take
the place of the reporting and investigation procedures established at each university. Matters
reported through the Incident Reporting System may be referred to the University to be handled under
applicable University policy.
3. External Reporting
In addition to reporting to the University via the reporting procedures in this Policy, individuals may file
a discrimination complaint directly with the outside agencies listed below.
A complaint may be filed 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 complaint may be filed 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 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 filing of a complaint under this Policy does not excuse the Complaint from meeting the time limits
of outside agencies, which generally require reports to be made within 180 days of the alleged inci dent
or knowledge of the incident. The University may not be informed of reports made to external
agencies.
4. Criminal Reporting Options
An individual may report criminal conduct to law enforcement, independent of or parallel with any
report made to the University. The University may not be informed of reports made to law
enforcement agencies.
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Edinboro Campus
Clarion Campus
California Campus
Edinboro Campus Police
911 Scotland Road
Edinboro, PA 16444
814-732-2921
Clarion Campus Police
945 Wood Street
Clarion, PA 16214
814-393-2111
California Campus Police
250 University Avenue
Pollock Maintenance and
Police Building
California, PA 15419
724-392-5704
Borough of Edinboro Police
Department
124 Meadville Street
Edinboro, PA 16412
814-734-1712
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 criminal law.
Neither law enforcement’s decision whether to prosecute, nor the outcome of any criminal prosecution,
is determinative of whether a violation of this Policy has occurred. 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 investigations even during the time of a pending law enforcement
investigation.
RESOURCES
The University is committed to ensuring that individuals who experience discrimination, harassment, or
sexual misconduct have access to a variety of services and resources. To talk with someone to receive
support and assistance in a confidential setting contact the following supportive resources, as applicable.
Employees are eligible for crisis counseling by contacting the State Employee Assistance Program ("SEAP")
at 800-692-7459. Students may see a counselor at the following locations:
Edinboro Campus
Clarion Campus
California Campus
Ghering
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
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814-732-2743
814-393-2121
724-938-4232
https://www.edinboro.edu/lifeat-the-boro/health-andwellness/caps/index.php
https://www.clarion.edu/studentlife/health-fitness-andwellness/counseling-services/
https://www.calu.edu/studentlife/healthwellness.aspx#counseling
TRAINING
The University will conduct annual training on discrimination, harassment and sexual misconduct for
employees and students and as part of new student and employee orientations. All faculty, staff, and
administrators are required to participate in this training within 60 days of commencing employment and
at least every year thereafter. Failure to do so may subject the individual to discipline.
FREE EXPRESSION AND ACADEMIC FREEDOM
The University is committed to the principles of free expression and academic freedom, as noted in this
statement, applicable collective bargaining agreements and related University policies, and to creating
and maintaining a safe, healthy, and harassment-free environment for all members of its community.
Unlawful or otherwise prohibited discrimination, harassment or sexual misconduct against members of
the University community is not protected expression nor the proper exercise of academic freedom. The
free expression of ideas is protected, even if the expressions are unpopular, because this is vital in
promoting learning in an educational setting. Freedom of speech can sometimes protect offensive and
hurtful language and controversial ideas; however, it does not protect personal threats, harassment,
discriminatory conduct or other acts of misconduct that violate this Policy, the Student Code of Conduct,
other University policies or relevant federal, state and local laws.
For more information on free speech, please refer to the Policy SA001 Time, Place, and Manner Policy.
Questions or concerns regarding this Policy statement should be directed to the Dean of Students, Matt
Shaffer at mshaffer@pennwest.edu or 814-393-1982.
STATEMENT ON PRIVACY AND CONFIDENTIALITY
The University has a duty to respond to allegations of discrimination, harassment and sexual misconduct
and cannot guarantee confidentiality once allegations are disclosed to designated University personnel.
The University will respect the sensitivity of information disclosed during the course of investigations or
informal resolution efforts. This means that information about the complaint is shared only with those
individuals within the University community who “need to know” in order to effectively investigate
and/or resolve the complaint. Parties with a need to know include the Respondent, witnesses and
designated University personnel who need to be informed of the complaint while investigating or
implementing a resolution. The University may be limited in restricting other individuals involved in the
matter from sharing information with others. For more information on resources available to individuals
who experience discrimination, harassment or sexual misconduct, please refer to the Resources section
of this document.
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 Educati on Amendments of 1972 (“Title
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IX”), Violence Against Women Act (“VAWA”), state and local law, applicable collective bargaining
agreements/memoranda of understanding 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.
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 from the Revi ewing Office at any point
before or during the resolution process that do not fundamentally alter the process. The Reviewing
Office 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 Education
Programs and Activities.
RELATED POLICIES
This Policy is a companion policy to Board of Governors Policy 2020-01: Sexual Misconduct and Board of
Governors Policy 2009-03-A: Non Discrimination Policy and Policy DE001 Sexual Misconduct Policy and
Procedures https://files.pennwest.edu/policies/sexual-misconduct.pdf. All University employees,
officials and volunteers must also comply with the requirements set forth in Board of Governors Policy
2020-02: Amorous Relationships.
Nothing in this Policy modifies the obligations of University mandated reporters to report suspected
child abuse and child neglect consistent with the requirements of Board of Governors Policy 2014-01-A:
Protection of Minors and University Policy DE004 Protection of Minors.
The University’s Sexual Misconduct Policy and Procedures or Code of Conduct shall govern the
investigation of complaints of sexual misconduct and related allegations against Respondents who are
Students.
Reports of alleged sexual misconduct against an Employee that are defined as “Regulatory Prohibited
Misconduct” in the University’s Sexual Misconduct Policy and Procedures will be handled pursuant to the
Sexual Misconduct Resolution Process set forth in the University’s Policy.
Allegations not falling under this Policy, the Sexual Misconduct Policy and Procedures or Code of Conduct
shall be referred to the appropriate University Office for further handling under applicable University
policies.
DEFINITIONS
1. Complainant – An individual who has reported being or is alleged to be subjected to conduct that
could constitute a violation of this Policy.
2. Contractor: An individual, program, company or school that provides a program, activity, or service
to the University. This includes experiential learning services such as internships, practicum
experiences, pre-service teaching experiences, or other community service experiences in which the
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University places students. For purposes of this Policy, ROTC instructors and employees and officials
of recognized affiliated entities will be considered Contractors.
3. 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.
4. Education Program or Activity – For purposes of this Policy, the term 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; or
(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.
5. Official - A member of a Council of Trustees or of the Board of Governors or their respective
designees.
6. Respondent: Any individual who has been reported to be the perpetrator of conduct that could
constitute a violation of this Policy.
7. Reporting Individual: The individual making a report of discrimination, harassment or sexual
misconduct, who may or may not be the Complainant.
8. Student: Any person:
(a) seeking admission to the University through the formal University application process;
(b) admitted to the University;
(c) eligible to register or schedule for classes; or
(d) living in University or University-affiliated 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.
9. 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.
PROHIBITED CONDUCT
1. Discrimination: Conduct of any nature that denies a qualified individual the opportunity to
participate in or benefit from a University Education Program or Activity, or otherwise adversely
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affects a term or condition of an individual’s employment, education, or access to a University
Education Program or Activity based on the individual’s membership in a protected category.
There are generally two types of discrimination recognized: disparate treatment and disparate
impact. Disparate treatment discrimination involves a person being treated differently because of
membership in a protected category. Disparate impact discrimination involves a practice that has a
greater negative effect on members of a particular protected category than those not in the
protected category.
Retaliation is a form of discrimination.
2. Harassment: Unwelcome conduct directed against a person that is based on a protected category,
that a reasonable person would determine is sufficiently severe or pervasive that it has the effect of
unreasonably interfering with access to a University Education Program or Activity or creates an
intimidating, hostile or offensive work or academic environment.
Whether the alleged conduct constitutes prohibited harassment depends on the totality of the
particular circumstances, including the nature, frequency and duration of the conduct in question,
the location and context in which it occurs, whether the conduct constitutes constitutionally
protected expression, and the status of the individuals involved. A single incident that is extremely
serious may meet the standard of being considered severe or pervasive.
3. Sexual Misconduct: Policy DE001 Sexual Misconduct Policy and Procedures
https://files.pennwest.edu/policies/sexual-misconduct.pdf defines both regulatory and nonregulatory forms of Quid Pro Quo and Hostile Environment Sexual Harassment, Dating Violence,
Domestic Violence, Sexual Assault, Stalking and Sexual Exploitation. Those allegations defined as
“Regulatory Prohibited Misconduct” in Policy DE001 Sexual Misconduct Policy and Procedures will
be handled pursuant to the Sexual Misconduct Resolution Process set forth in Policy DE001 Sexual
Misconduct Policy and Procedures. All other allegations of sexual misconduct against an Employee,
Official, Volunteer or Contractor will be handled under the General Procedures set forth in this
Policy.
4. Retaliation: Any action, directly or through others, which is aimed to deter a reasonable person from
reporting discrimination, harassment or sexual misconduct or participating in an investigation,
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 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 underly ing
misconduct occurred.
5. False Report: Any person who willfully files a bad faith report or makes misrepresentations as part of
a resolution of a complaint under this Policy is subject to disciplinary action up to and including
dismissal or termination from the University.
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GENERAL PROCEDURES
1. Timeline for Resolution
Absent unusual or extenuating circumstances, the resolution process typically takes about 90 days to
resolve once a complaint has been filed.
2. Written Notification of Allegations
Upon the Reviewing Office’s determination a complaint should be investigated, the Respondent(s) will be
notified in writing of the allegations and the identity of the Reporting Individual. The University will assign
an investigator who is free of conflict of interest or bias. The investigation may be delayed, and the identity
of the Complainant may be withheld consistent with collective bargaining agreement requirements if the
Complainant is a student in the Respondent faculty member’s class.
3. Participation of Complainant or Respondent
The participation of the Complainant and the Respondent is encouraged. As necessary, the University
reserves the right to initiate resolution proceedings without participation by either the Complainant or
the Respondent and continue with the information available. The University will generally not defer
disciplinary proceedings until after the conclusion of any parallel criminal or civil proceedings.
4. Role of Advisors/Union Representative
During the resolution process, whether formal or informal, the Complainant and Respondent may
designate and be accompanied by an advisor of that individual’s choosing from the University
community at meetings and interviews; however, no advisor may speak for or on behalf of the party or
otherwise actively participate in a meeting or interview. An individual may only have one advisor
present at a time. A Respondent who is a member of a collective bargaining unit may designate a union
representative as their advisor. Legal counsel for either party may not act in the capacity of an advisor as
part of the resolution process under this Policy, unless the legal counsel is acting in the role of a union
representative.
5. Informal Resolution
Informal means of resolution, such as mediation, may be used as an alternative to the formal
investigation and hearing procedures. Upon written agreement of the Complainant and the Respondent,
informal resolution may be initiated at any time prior to a finding of responsibility by the applicable
decision maker, and may be terminated by either party at any time prior to final resolution. If the
informal process is terminated, the General Procedures process, which includes an investigation, will
continue
If a resolution has been reached and a written agreement signed by all parties, the resolution may not
be appealed.
Informal resolution may not be utilized when a Student files an allegation of Regulatory Prohibited
Misconduct against a University Employee, Volunteer or Official.
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6. Effect on Pending Disciplinary Actions
Allegations of a violation of this Policy will not stop or delay any evaluation or disciplinary action related
to a Complainant.
7. Investigation Process
The investigator(s) will review and investigate the complaint, interview the parties and relevant
witnesses, and seek out any relevant documents and communications deemed pertinent to the
investigation.
During the investigation process, the Complainant and Respondent should provide the investigator with
all documents relevant to the issues raised in the complaint, as well as the identity of witnesses and a
summary of the information the witness can provide regarding the allegations.
Investigations will be completed in a prompt manner, recognizing the length of investigations may vary
depending on the nature, extent and complexity of the allegations, availability of the involved parties,
witnesses, and police involvement, if any.
The investigation is not intended to interfere with any rights of an individual either under state or
federal law or under the appropriate collective bargaining agreement/memoranda of understanding, if
applicable. The role of the investigator is not to impose or recommend discipline.
8. Final Investigative Report
The investigator will provide an investigative report that includes a summary of possible policy
violation(s), a proposed statement of findings and copies of any relevant evidence, in hard copy or
through an electronic format, considered as part of the investigation to the designated decision maker
within sixty (60) days of receipt of the complaint, unless unusual circumstances require more time.
The Complainant and the Respondent will be notified of the conclusion of the investigation and
provided with a copy of the investigation report, including all relevant evidence. Information that is
confidential by law or policy or not relevant to the underlying allegations will be redacted. Within ten
(10) calendar days from the date of notification, the Complainant and Respondent may each submit, for
consideration by the designated decision maker, such comments and corrections to the investigation
report as they may have.
Following review of any comments and corrections to the investigation report provided by the Parties,
the designated decision maker may request further investigation into the complaint.
9. Pre-Disciplinary Conference
The designated decision maker will arrange a pre-disciplinary conference, as required by applicable
collective bargaining agreement requirements, prior to issuing a final determination.
10. Final Determination
The burden of proof for demonstrating violation of this Policy has occurred is on the University. The
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standard of proof is the preponderance of the evidence, meaning the designated decision maker must
find it is more likely than not that a violation of the Policy occurred.
The designated decision maker may issue any combination of the following results concerning the
investigation report:
a. Unfounded Report - If there is insufficient information to warrant a finding of a violation of this
Policy, the matter will be closed.
b. Founded Report - If there is sufficient evidence to support a finding that this Policy has more
likely than not been violated, the finding(s) of responsibility will be forwarded to Human
Resources for disciplinary action, consistent with applicable University and Board of Governors
policy and collective bargaining agreements.
11. Notification of Conclusion of Process
Following the issuance of a final determination by the Dean of Students or their designee, for students,
or the President or her designee, for employees; the parties shall receive notification that the resolution
process has been concluded. The decision of the Dean of Students or their designee, for students, or the
President or her designee, for employees, is final.
DISCIPLINARY SANCTIONS
1. Students - The University may impose disciplinary sanctions upon Students, consistent with Policy
DE001 Sexual Misconduct Policy and Procedures or the Student Code of Conduct.
2. Employees - Disciplinary sanctions imposed on an Employee for violating this Policy, subject to an
applicable collective bargaining agreement/memoranda of understanding or University/System
policies, may include a penalty up to and including separation from employment.
3. Officials and Volunteers - Disciplinary sanctions imposed on an Official or Volunteer may include a
penalty up to and including removal or the request for removal of the Official or Volunteer from
their respective position.
4. Contractors – Violations of this Policy by a Contractor or any employee or agent of the Contractor
may result in the exercise of any contractual remedies including, but not limited to, termination of
the contract for fault or for convenience and referral for disbarment.
EFFECTIVE DATE
This Policy is effective immediately following approval and replaces all other policies whether in print or
electronic format.
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Recommended for Approval by:
Amy E. Salsgiver
Amy E. Salsgiver, Executive Director of Equity and Title IX
Approved by:
Dr. Dale-Elizabeth Pehrsson, President
Effective Date: 01/17/2023
PURPOSE............................................................................................................................................2
SCOPE OF POLICY................................................................................................................................2
LEGAL AUTHORITY ..............................................................................................................................2
REPORTING ........................................................................................................................................2
RESOURCES ........................................................................................................................................6
TRAINING...........................................................................................................................................7
FREE EXPRESSION AND ACADEMIC FREEDOM ......................................................................................7
STATEMENT ON PRIVACY AND CONFIDENTIALITY .................................................................................7
DISABILITY ACCOMMODATIONS ..........................................................................................................8
RELATED POLICIES ..............................................................................................................................8
DEFINITIONS ......................................................................................................................................8
PROHIBITED CONDUCT .......................................................................................................................9
GENERAL PROCEDURES..................................................................................................................... 11
DISCIPLINARY SANCTIONS ................................................................................................................. 13
EFFECTIVE DATE ............................................................................................................................... 13
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PURPOSE
To define what actions and conduct are prohibited under this Policy and the process Pennsylvania
Western University (the “University”) will undertake to respond to reports of discrimination, harassment
and sexual misconduct allegations against applicants for admission or employment, students,
employees, volunteers, officials and contractors of the University.
The Pennsylvania State System of Higher Education and the University are committed to providing equal
access to all individuals and prohibiting any form of discrimination and harassment on the basis of race,
color, religion, national origin, ancestry, sex, age, marital status, familial status, sexual orientation,
gender identity and expression, pregnancy, genetic information, disability, status as a veteran, or any
other characteristic prohibited under applicable federal or state law (all a “protected category”) in any
decision-making regarding admissions, employment, or participation in a University Education Program
or Activity.
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
discrimination, harassment, or sexual misconduct; however, the University strongly encourages prompt
reporting to allow the University to respond effectively and in a timely manner. 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 complaint for a lack of
jurisdiction.
LEGAL AUTHORITY
Discrimination, harassment, and sexual misconduct are currently prohibited under federal , state, and
local laws including under Titles IV, VI and VII of the Civil Rights Act of 1964, as amended; the Americans
with Disabilities Act; the Age Discrimination in Employment Act; Title IX of the Education Amendments
of 1972 and its implementing regulations; and the Pennsylvania Human Relations Act.
This Policy is not intended to interfere with or replace any rights an individual may have under principles
of due process, merit principles, an applicable collective bargaining agreement or applicable University
or Board of Governors policies.
REPORTING
1. Reporting to the University
Any individual, including a third party, who becomes aware of behavior prohibited under this Policy may
make a report to the appropriate individuals or offices, as set forth below. Reporting Individuals are
encouraged to report as soon as possible, which will permit the University to respond promptly and
effectively, and to use reporting forms provided by the University. Written reports are preferred to
verbal reports.
While anonymous reports are accepted, the University’s ability to address alleged misconduct reported
anonymously is significantly limited.
2
University administrators and supervisors who receive any verbal or written report of discrimination,
harassment or sexual misconduct should contact the Office of Social Equity and Title IX.
Reports should be directed to the Reviewing Office below, depending on the status of the individual
alleged to have engaged in the behavior. Reports received by any office may be referred to the
appropriate Reviewing Office.
For Conduct Allegedly
Committed by
Students or Student
Organizations
Report To the Following
Reviewing Office
Office of the Dean of
Students
Contact Information
Employees or Third Parties
(including Officials,
Volunteers and
Contractors)
Office of Social Equity
and Title IX
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: 814393-2109
This Policy or Policy
DE001 Sexual
Misconduct Policy and
Procedure for
Regulatory and NonRegulatory Prohibited
Misconduct
Any party concerning
sexual misconduct
Title IX Coordinator
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: 814393-2109
Will be referred to the
appropriate office
under this Policy or
Policy DE001 Sexual
Misconduct Policy and
Procedure for
Regulatory and NonRegulatory Prohibited
Misconduct
President
The Office of Equity and
Title IX
Name: Amy Salsgiver
Title: Executive Director
of Social Equity and Title
IX
Office Address: 423 Becht
Hall Clarion, PA 16214
Email Address:
This Policy or Policy
DE001 Sexual
Misconduct Policy and
Procedure for
Regulatory and NonRegulatory Prohibited
Misconduct
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Name: Matt Shaffer
Title: Dean of Students
Office Address: 271
Gemmell Hall Clarion, PA
16214
Email Address:
mshaffer@pennwest.edu
Telephone Number: 814393-1982
Policy Governing
Procedures
DE001 Sexual
Misconduct Policy and
Procedure or the
Student Code of
Conduct
asalsgiver@pennwest.edu
Telephone Number: 814393-2109
Office of the Dean of
Students, Human
Resources Director, Social
Equity or Title IX
Coordinator
The Office of the
President
Name: Kelly Moran
Title: Chief of Staff,
University Affairs
Office Address: 103 Old
Main, 204 Senior Dr.,
California, PA 15419
Email Address:
kmoran@pennwest.edu
Telephone Number: 412905-9695
This Policy or Policy
DE001 Sexual
Misconduct Policy and
Procedure for
Regulatory and NonRegulatory Prohibited
Misconduct
If the Reviewing Office determines the allegations, if true, may represent a violation of this Policy or a
related policy, an investigator will be assigned, the Complainant or Reporting Individual will be notified
that an investigation will occur, and the Respondent will be notified in writing of the allegations
consistent with the requirements of this the applicable policy and any applicable collective bargaining
agreement. Allegations of Regulatory Prohibited Misconduct will follow the procedures set forth in
Policy DE001 Sexual Misconduct Policy and Procedures. Allegations against student respondents will
follow the procedures set forth in the applicable governing policy set forth in the table above.
If the Reviewing Office determines the allegations, if true, would not constitute discrimination,
harassment, or sexual misconduct prohibited under this Policy, the Reporting Individual will be advised
in writing of that determination and of any other recourse that may be available.
The Reviewing Office will respond to all inquiries, reports, and requests or refer the Reporting Individual
to the appropriate office as promptly as possible, and in a manner appropriate to the particular
circumstances. This response may include interim measures to protect the parties during the
investigation process. Interim measures involving employees in collective bargaining units should be
determined in consultation with human resources and labor relations representatives. The University
has the discretion to consolidate multiple allegations into a single investigation if the allegations arise
out of similar facts or circumstances.
In the case of allegations against a student, the Office of Equity and Title IX will refer the matter to the
Office of Student Conduct and the matter will fall under the Student Code of Conduct, Policy DEOO1
Sexual Misconduct Policy and Procedure, or other appropriate University policy.
In the case of allegations against the President, The Office of Equity and Title IX will communicate with
and cooperate with the State System’s Office of Chief Counsel to identify an appropriate investigator.
The selected investigator will forward a report to the Chancellor or Designee for review and final
determination.
In the case of allegations against an employee of the Office of Dean of Students, the Human Resources
Director, the Executive Director of Equity and Title IX, the Office of the President will identify an
appropriate investigator. The selected investigator will forward a report to the President or Designee for
review and final determination.
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In the case of allegations against an employee or agent of a Contractor, the matter may be referred to
the Contractor for handling.
2. Anonymous Reporting
Anonymous complaints of discrimination, harassment and sexual misconduct may be filed with the
University through https://cm.maxient.com/reportingform.php?PennWestUniv&layout_id=35; by
calling California – 724-938-5758, Clarion – 814-393-2109, Edinboro – 814-732-1564; or by sending an
email to dei@pennwest.edu.
Individuals may file an anonymous complaint with the State System’s Incident Reporting System by
calling 855-298-5316 or filling out a form online. The Incident Reporting System is not intended to take
the place of the reporting and investigation procedures established at each university. Matters
reported through the Incident Reporting System may be referred to the University to be handled under
applicable University policy.
3. External Reporting
In addition to reporting to the University via the reporting procedures in this Policy, individuals may file
a discrimination complaint directly with the outside agencies listed below.
A complaint may be filed 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 complaint may be filed 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 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 filing of a complaint under this Policy does not excuse the Complaint from meeting the time limits
of outside agencies, which generally require reports to be made within 180 days of the alleged inci dent
or knowledge of the incident. The University may not be informed of reports made to external
agencies.
4. Criminal Reporting Options
An individual may report criminal conduct to law enforcement, independent of or parallel with any
report made to the University. The University may not be informed of reports made to law
enforcement agencies.
5
Edinboro Campus
Clarion Campus
California Campus
Edinboro Campus Police
911 Scotland Road
Edinboro, PA 16444
814-732-2921
Clarion Campus Police
945 Wood Street
Clarion, PA 16214
814-393-2111
California Campus Police
250 University Avenue
Pollock Maintenance and
Police Building
California, PA 15419
724-392-5704
Borough of Edinboro Police
Department
124 Meadville Street
Edinboro, PA 16412
814-734-1712
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 criminal law.
Neither law enforcement’s decision whether to prosecute, nor the outcome of any criminal prosecution,
is determinative of whether a violation of this Policy has occurred. 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 investigations even during the time of a pending law enforcement
investigation.
RESOURCES
The University is committed to ensuring that individuals who experience discrimination, harassment, or
sexual misconduct have access to a variety of services and resources. To talk with someone to receive
support and assistance in a confidential setting contact the following supportive resources, as applicable.
Employees are eligible for crisis counseling by contacting the State Employee Assistance Program ("SEAP")
at 800-692-7459. Students may see a counselor at the following locations:
Edinboro Campus
Clarion Campus
California Campus
Ghering
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
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814-732-2743
814-393-2121
724-938-4232
https://www.edinboro.edu/lifeat-the-boro/health-andwellness/caps/index.php
https://www.clarion.edu/studentlife/health-fitness-andwellness/counseling-services/
https://www.calu.edu/studentlife/healthwellness.aspx#counseling
TRAINING
The University will conduct annual training on discrimination, harassment and sexual misconduct for
employees and students and as part of new student and employee orientations. All faculty, staff, and
administrators are required to participate in this training within 60 days of commencing employment and
at least every year thereafter. Failure to do so may subject the individual to discipline.
FREE EXPRESSION AND ACADEMIC FREEDOM
The University is committed to the principles of free expression and academic freedom, as noted in this
statement, applicable collective bargaining agreements and related University policies, and to creating
and maintaining a safe, healthy, and harassment-free environment for all members of its community.
Unlawful or otherwise prohibited discrimination, harassment or sexual misconduct against members of
the University community is not protected expression nor the proper exercise of academic freedom. The
free expression of ideas is protected, even if the expressions are unpopular, because this is vital in
promoting learning in an educational setting. Freedom of speech can sometimes protect offensive and
hurtful language and controversial ideas; however, it does not protect personal threats, harassment,
discriminatory conduct or other acts of misconduct that violate this Policy, the Student Code of Conduct,
other University policies or relevant federal, state and local laws.
For more information on free speech, please refer to the Policy SA001 Time, Place, and Manner Policy.
Questions or concerns regarding this Policy statement should be directed to the Dean of Students, Matt
Shaffer at mshaffer@pennwest.edu or 814-393-1982.
STATEMENT ON PRIVACY AND CONFIDENTIALITY
The University has a duty to respond to allegations of discrimination, harassment and sexual misconduct
and cannot guarantee confidentiality once allegations are disclosed to designated University personnel.
The University will respect the sensitivity of information disclosed during the course of investigations or
informal resolution efforts. This means that information about the complaint is shared only with those
individuals within the University community who “need to know” in order to effectively investigate
and/or resolve the complaint. Parties with a need to know include the Respondent, witnesses and
designated University personnel who need to be informed of the complaint while investigating or
implementing a resolution. The University may be limited in restricting other individuals involved in the
matter from sharing information with others. For more information on resources available to individuals
who experience discrimination, harassment or sexual misconduct, please refer to the Resources section
of this document.
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 Educati on Amendments of 1972 (“Title
7
IX”), Violence Against Women Act (“VAWA”), state and local law, applicable collective bargaining
agreements/memoranda of understanding 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.
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 from the Revi ewing Office at any point
before or during the resolution process that do not fundamentally alter the process. The Reviewing
Office 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 Education
Programs and Activities.
RELATED POLICIES
This Policy is a companion policy to Board of Governors Policy 2020-01: Sexual Misconduct and Board of
Governors Policy 2009-03-A: Non Discrimination Policy and Policy DE001 Sexual Misconduct Policy and
Procedures https://files.pennwest.edu/policies/sexual-misconduct.pdf. All University employees,
officials and volunteers must also comply with the requirements set forth in Board of Governors Policy
2020-02: Amorous Relationships.
Nothing in this Policy modifies the obligations of University mandated reporters to report suspected
child abuse and child neglect consistent with the requirements of Board of Governors Policy 2014-01-A:
Protection of Minors and University Policy DE004 Protection of Minors.
The University’s Sexual Misconduct Policy and Procedures or Code of Conduct shall govern the
investigation of complaints of sexual misconduct and related allegations against Respondents who are
Students.
Reports of alleged sexual misconduct against an Employee that are defined as “Regulatory Prohibited
Misconduct” in the University’s Sexual Misconduct Policy and Procedures will be handled pursuant to the
Sexual Misconduct Resolution Process set forth in the University’s Policy.
Allegations not falling under this Policy, the Sexual Misconduct Policy and Procedures or Code of Conduct
shall be referred to the appropriate University Office for further handling under applicable University
policies.
DEFINITIONS
1. Complainant – An individual who has reported being or is alleged to be subjected to conduct that
could constitute a violation of this Policy.
2. Contractor: An individual, program, company or school that provides a program, activity, or service
to the University. This includes experiential learning services such as internships, practicum
experiences, pre-service teaching experiences, or other community service experiences in which the
8
University places students. For purposes of this Policy, ROTC instructors and employees and officials
of recognized affiliated entities will be considered Contractors.
3. 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.
4. Education Program or Activity – For purposes of this Policy, the term 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; or
(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.
5. Official - A member of a Council of Trustees or of the Board of Governors or their respective
designees.
6. Respondent: Any individual who has been reported to be the perpetrator of conduct that could
constitute a violation of this Policy.
7. Reporting Individual: The individual making a report of discrimination, harassment or sexual
misconduct, who may or may not be the Complainant.
8. Student: Any person:
(a) seeking admission to the University through the formal University application process;
(b) admitted to the University;
(c) eligible to register or schedule for classes; or
(d) living in University or University-affiliated 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.
9. 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.
PROHIBITED CONDUCT
1. Discrimination: Conduct of any nature that denies a qualified individual the opportunity to
participate in or benefit from a University Education Program or Activity, or otherwise adversely
9
affects a term or condition of an individual’s employment, education, or access to a University
Education Program or Activity based on the individual’s membership in a protected category.
There are generally two types of discrimination recognized: disparate treatment and disparate
impact. Disparate treatment discrimination involves a person being treated differently because of
membership in a protected category. Disparate impact discrimination involves a practice that has a
greater negative effect on members of a particular protected category than those not in the
protected category.
Retaliation is a form of discrimination.
2. Harassment: Unwelcome conduct directed against a person that is based on a protected category,
that a reasonable person would determine is sufficiently severe or pervasive that it has the effect of
unreasonably interfering with access to a University Education Program or Activity or creates an
intimidating, hostile or offensive work or academic environment.
Whether the alleged conduct constitutes prohibited harassment depends on the totality of the
particular circumstances, including the nature, frequency and duration of the conduct in question,
the location and context in which it occurs, whether the conduct constitutes constitutionally
protected expression, and the status of the individuals involved. A single incident that is extremely
serious may meet the standard of being considered severe or pervasive.
3. Sexual Misconduct: Policy DE001 Sexual Misconduct Policy and Procedures
https://files.pennwest.edu/policies/sexual-misconduct.pdf defines both regulatory and nonregulatory forms of Quid Pro Quo and Hostile Environment Sexual Harassment, Dating Violence,
Domestic Violence, Sexual Assault, Stalking and Sexual Exploitation. Those allegations defined as
“Regulatory Prohibited Misconduct” in Policy DE001 Sexual Misconduct Policy and Procedures will
be handled pursuant to the Sexual Misconduct Resolution Process set forth in Policy DE001 Sexual
Misconduct Policy and Procedures. All other allegations of sexual misconduct against an Employee,
Official, Volunteer or Contractor will be handled under the General Procedures set forth in this
Policy.
4. Retaliation: Any action, directly or through others, which is aimed to deter a reasonable person from
reporting discrimination, harassment or sexual misconduct or participating in an investigation,
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 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 underly ing
misconduct occurred.
5. False Report: Any person who willfully files a bad faith report or makes misrepresentations as part of
a resolution of a complaint under this Policy is subject to disciplinary action up to and including
dismissal or termination from the University.
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GENERAL PROCEDURES
1. Timeline for Resolution
Absent unusual or extenuating circumstances, the resolution process typically takes about 90 days to
resolve once a complaint has been filed.
2. Written Notification of Allegations
Upon the Reviewing Office’s determination a complaint should be investigated, the Respondent(s) will be
notified in writing of the allegations and the identity of the Reporting Individual. The University will assign
an investigator who is free of conflict of interest or bias. The investigation may be delayed, and the identity
of the Complainant may be withheld consistent with collective bargaining agreement requirements if the
Complainant is a student in the Respondent faculty member’s class.
3. Participation of Complainant or Respondent
The participation of the Complainant and the Respondent is encouraged. As necessary, the University
reserves the right to initiate resolution proceedings without participation by either the Complainant or
the Respondent and continue with the information available. The University will generally not defer
disciplinary proceedings until after the conclusion of any parallel criminal or civil proceedings.
4. Role of Advisors/Union Representative
During the resolution process, whether formal or informal, the Complainant and Respondent may
designate and be accompanied by an advisor of that individual’s choosing from the University
community at meetings and interviews; however, no advisor may speak for or on behalf of the party or
otherwise actively participate in a meeting or interview. An individual may only have one advisor
present at a time. A Respondent who is a member of a collective bargaining unit may designate a union
representative as their advisor. Legal counsel for either party may not act in the capacity of an advisor as
part of the resolution process under this Policy, unless the legal counsel is acting in the role of a union
representative.
5. Informal Resolution
Informal means of resolution, such as mediation, may be used as an alternative to the formal
investigation and hearing procedures. Upon written agreement of the Complainant and the Respondent,
informal resolution may be initiated at any time prior to a finding of responsibility by the applicable
decision maker, and may be terminated by either party at any time prior to final resolution. If the
informal process is terminated, the General Procedures process, which includes an investigation, will
continue
If a resolution has been reached and a written agreement signed by all parties, the resolution may not
be appealed.
Informal resolution may not be utilized when a Student files an allegation of Regulatory Prohibited
Misconduct against a University Employee, Volunteer or Official.
11
6. Effect on Pending Disciplinary Actions
Allegations of a violation of this Policy will not stop or delay any evaluation or disciplinary action related
to a Complainant.
7. Investigation Process
The investigator(s) will review and investigate the complaint, interview the parties and relevant
witnesses, and seek out any relevant documents and communications deemed pertinent to the
investigation.
During the investigation process, the Complainant and Respondent should provide the investigator with
all documents relevant to the issues raised in the complaint, as well as the identity of witnesses and a
summary of the information the witness can provide regarding the allegations.
Investigations will be completed in a prompt manner, recognizing the length of investigations may vary
depending on the nature, extent and complexity of the allegations, availability of the involved parties,
witnesses, and police involvement, if any.
The investigation is not intended to interfere with any rights of an individual either under state or
federal law or under the appropriate collective bargaining agreement/memoranda of understanding, if
applicable. The role of the investigator is not to impose or recommend discipline.
8. Final Investigative Report
The investigator will provide an investigative report that includes a summary of possible policy
violation(s), a proposed statement of findings and copies of any relevant evidence, in hard copy or
through an electronic format, considered as part of the investigation to the designated decision maker
within sixty (60) days of receipt of the complaint, unless unusual circumstances require more time.
The Complainant and the Respondent will be notified of the conclusion of the investigation and
provided with a copy of the investigation report, including all relevant evidence. Information that is
confidential by law or policy or not relevant to the underlying allegations will be redacted. Within ten
(10) calendar days from the date of notification, the Complainant and Respondent may each submit, for
consideration by the designated decision maker, such comments and corrections to the investigation
report as they may have.
Following review of any comments and corrections to the investigation report provided by the Parties,
the designated decision maker may request further investigation into the complaint.
9. Pre-Disciplinary Conference
The designated decision maker will arrange a pre-disciplinary conference, as required by applicable
collective bargaining agreement requirements, prior to issuing a final determination.
10. Final Determination
The burden of proof for demonstrating violation of this Policy has occurred is on the University. The
12
standard of proof is the preponderance of the evidence, meaning the designated decision maker must
find it is more likely than not that a violation of the Policy occurred.
The designated decision maker may issue any combination of the following results concerning the
investigation report:
a. Unfounded Report - If there is insufficient information to warrant a finding of a violation of this
Policy, the matter will be closed.
b. Founded Report - If there is sufficient evidence to support a finding that this Policy has more
likely than not been violated, the finding(s) of responsibility will be forwarded to Human
Resources for disciplinary action, consistent with applicable University and Board of Governors
policy and collective bargaining agreements.
11. Notification of Conclusion of Process
Following the issuance of a final determination by the Dean of Students or their designee, for students,
or the President or her designee, for employees; the parties shall receive notification that the resolution
process has been concluded. The decision of the Dean of Students or their designee, for students, or the
President or her designee, for employees, is final.
DISCIPLINARY SANCTIONS
1. Students - The University may impose disciplinary sanctions upon Students, consistent with Policy
DE001 Sexual Misconduct Policy and Procedures or the Student Code of Conduct.
2. Employees - Disciplinary sanctions imposed on an Employee for violating this Policy, subject to an
applicable collective bargaining agreement/memoranda of understanding or University/System
policies, may include a penalty up to and including separation from employment.
3. Officials and Volunteers - Disciplinary sanctions imposed on an Official or Volunteer may include a
penalty up to and including removal or the request for removal of the Official or Volunteer from
their respective position.
4. Contractors – Violations of this Policy by a Contractor or any employee or agent of the Contractor
may result in the exercise of any contractual remedies including, but not limited to, termination of
the contract for fault or for convenience and referral for disbarment.
EFFECTIVE DATE
This Policy is effective immediately following approval and replaces all other policies whether in print or
electronic format.
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Media of