2023 ANNUAL SECURITY REPORT 33 resulting in another person’s death, whether the death occurred before, during or after sexual intercourse.” 18 Pa. CSA. §) 2. By threat of forcible compulsion that would prevent resistance by a person of reasonable resolution; 3. Who is unconscious or where the person knows that the complainant is unaware that the sexual intercourse is occurring; 4. Where the person has substantially impaired the complainant’s power to appraise or control his or her conduct by administering or employing, without the knowledge of the complainant, drugs, intoxicants or other means for the purpose of preventing resistance; or 5. Who suffers from a mental disability which renders the complainant incapable of consent. 18 Pa. CSA. 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, Advisor to any Party or Appeals Officer in the same matter. Disciplinary Sanction: The penalty imposed on an individual for violating the Sexual Misconduct 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. Education Program or Activity: The term “Education Program or Activity” includes any activity that occurs in, on or within 1) any on-campus premises, 2) 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 3) 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. 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. Formal Complaint: 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. Hearing Authority: Any person or body selected to serve in accordance with University’s processes to determine whether a student has violated the Student Code of Conduct and to recommend sanctions that may be imposed when a student conduct violation has been committed. 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. Notice of Allegations: The written notice the Title IX Coordinator or his/her designee is required to provide to the Parties following receipt of a Formal Complaint. Notice of Hearing: The written notice the Title IX Coordinator or his/her designee is required to provide the Parties prior to the hearing. Official: A member of a Council of Trustees or of the Board of Governors or their respective designees. Parties or Party: A term that refers to the Complainant and the Respondent collectively or the Complainant or Respondent individually.
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