| 1. Purpose of Policy |
43 |
| 2. Prohibited Behaviors |
43 |
| 3. Title IX, VAWA and Nondiscrimination |
44 |
| 4. Statement on Privacy and Confidentiality |
44 |
| 5. Disability Accommodations |
45 |
| 6. Free Expression and Academic Freedom |
45 |
| 7. Alcohol and Drug Use Amnesty for Students |
46 |
| 8. Scope of Policy |
46 |
| 9. Burden of Proof |
46 |
| 10. Standard of Proof |
47 |
| 11. Effective Date |
47 |
| 12. Impact on Other Policies or Processes |
47 |
| SEXUAL MISCONDUCT DEFINITIONS |
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| 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; ... |
47 |
| 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 per... |
47 |
| 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 ... |
48 |
| 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 o... |
48 |
| 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 Con... |
48 |
| 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 ... |
48 |
| 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 ... |
48 |
| 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 ... |
48 |
| 5. Sexual Exploitation – Engaging in sexual behaviors directed toward or involving another person 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 d... |
49 |
| 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... |
49 |
| 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. |
49 |
| 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. |
49 |
| 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 Universit... |
49 |
| 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 d... |
49 |
| 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: |
49 |
| Other Definitions |
50 |
| 1. Advisor – An individual who may be present to provide support to a Party throughout an investigation and/or hearing. |
50 |
| 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, Titl... |
50 |
| 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. |
50 |
| 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. |
50 |
| In order to be valid, Consent must be active, present and ongoing. |
50 |
| 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 intel... |
50 |
| When determining whether Consent has been provided, all the circumstances of the relationship between the parties will be considered. |
51 |
| 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 Investig... |
51 |
| 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, Dis... |
51 |
| 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: |
51 |
| 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. |
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| 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. |
51 |
| 10. 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 m... |
51 |
| 11. 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 violat... |
51 |
| 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... |
51 |
| 13. 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. See Notice of Allegations section below. |
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| 14. Notice of Hearing – The written notice the Title IX Coordinator or his/her designee is required to provide the Parties prior to the hearing. See Notice of Hearing section below. |
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| 15. Official - A member of a Council of Trustees or of the Board of Governors or their respective designees. |
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| 16. Parties or Party – A term that refers to the Complainant and the Respondent collectively or the Complainant or Respondent individually. |
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| 17. Respondent – Any individual who has been reported to be the perpetrator of conduct that could constitute sexual misconduct as defined under this Policy. |
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| 18. Student – Any individual enrolled in one or more regularly scheduled undergraduate or graduate courses or noncredit-bearing instruction or certification programs at any State System University. The term “Student” shall include Employees, Voluntee... |
52 |
| 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 offer... |
52 |
| 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 ... |
52 |
| 20. Title IX Coordinator – The individual designated by the University, with assistance of the Deputy Title IX Coordinator, to coordinate the University’s compliance with Title IX and VAWA and to respond to reports of violations. The Title IX Coordina... |
52 |
| 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 Po... |
52 |
| 22. Witness – A person who has knowledge related to specific aspects of a case and may have reported such aspects to the institution. |
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| Reporting Sexual misconduct |
53 |
| 1. Reports the Title IX Coordinator |
53 |
| 2. Electronic and Anonymous Reporting |
54 |
| 3. Filing a Formal Complaint |
54 |
| 4. Criminal Reporting Options |
55 |
| 5. External Reporting Options |
55 |
| 6. Truthfulness |
55 |
| 7. Multiple Party Complaints |
56 |
| UNIVERSITY REPORTING OBLIGATIONS |
56 |
| 1. Mandated Reporting Obligations of University Officials, Volunteers and Employees |
56 |
| 2. University Obligations Regarding Timely Warnings |
56 |
| JURISDICTION AND DISMISSALS |
57 |
| Emergency Removal FOR STUDENTS |
57 |
| ADMINISTRATIVE LEAVE FOR EMPLOYEES |
58 |
| INFORMAL RESOLUTION PROCESS |
58 |
| 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 a... |
58 |
| Informal resolution may not be utilized when a Student files a Formal Complaint against a University Employee, Volunteer or Official under this Policy. |
58 |
| Sexual Misconduct Resolution Process |
58 |
| 1. Formal Complaint |
58 |
| 2. Notice of Allegations |
58 |
| 3. Determining Jurisdiction and Mandatory Dismissal for Certain Allegations |
59 |
| 4. Discretionary Dismissals for All Allegations |
59 |
| 5. Allegations Potentially Falling Under Two Policies |
60 |
| 6. Notice of Dismissal |
60 |
| 7. Investigation |
60 |
| A. General Rules of Investigations |
60 |
| B. Inspection and Review of Evidence |
61 |
| 8. General Rules of Hearings |
62 |
| A. Notice of Hearing |
62 |
| B. Hearing |
63 |
| C. Continuances or Granting Extensions |
64 |
| D. Participants in the Hearing |
64 |
| E. Hearing Procedures |
64 |
| F. Relevant Evidence and Questions |
65 |
| G. Cross-Examination |
65 |
| 9. Decisions |
66 |
| A. General Considerations for Evaluating Testimony and Evidence |
66 |
| B. Timeline for Decision |
67 |
| C. Finality |
67 |
| 10. Disciplinary Sanctions Against Students |
67 |
| A. Possible Disciplinary Sanctions |
67 |
| B. Previous Disciplinary Sanctions |
68 |
| 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. |
68 |
| C. Timing |
68 |
| 11. Disciplinary Sanctions Against Employees, Officials and Volunteers |
68 |
| A. Possible Disciplinary Sanctions |
68 |
| B. Timing |
69 |
| 12. Appeals Where the Respondent is a Student |
69 |
| A. Each Party may appeal the dismissal of a Formal Complaint or any included allegations or a determination of responsibility on the following grounds: |
69 |
| B. Appeals must be filed in writing within 5 days of being notified of the decision and must indicate the grounds for the appeal. |
69 |
| 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. |
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| 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 p... |
69 |
| E. Appeals will be decided by the Vice President for Enrollment Management and Student Affairs 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. |
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| F. The role of the Vice President for Enrollment Management and Student Affairs is not to reweigh the evidence. The Vice President for Enrollment Management and Student Affairs will confine their review to the basis of appeal alleged and may modify th... |
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| G. The outcome of appeal will be provided in writing simultaneously to both Parties, and include rationale for the decision. |
70 |
| 13. Appeals Where the Respondent is an Employee |
70 |
| Rights/Responsibilities |
71 |
| B. Eligibility: |
105 |
| C. Definitions of Sales and Fundraisers: |
106 |
| D. Registration Procedures and Guidelines for Sales and Fundraising: |
106 |
| E. Contracts: |
107 |
| F. Advertising and Promotion: |
107 |
| G. Off-Campus Fundraising: |
108 |
| H. Failure to Comply: |
108 |
| B. Scope |
108 |
| C. Definitions |
108 |
| D. Policy and Procedure |
109 |