C IVIL R IGHTS AND S EXUAL M ISCONDUCT R EPORTING AND R ESPONSE P ROCEDURE Policy Reference(s): II.01; II.02 Responsible Department(s): Office of Diversity, Equity & Inclusion; General Counsel Approval Date: 9/29/2014 Revision Date(s): 8/15/2016; 11/15/2017; 3/2/2020; 8/14/2020; 8/6/2021; 8/25/2021 I. CCAC N ON -D ISCRIMINATION P OLICY As set forth in Board Policy II.01: Non-Discrimination, Title IX and Equal Education and Employment Opportunity and II.02: Unlawful Harassment , the College does not discriminate and prohibits discrimination against any individual based upon race, color, religion, national origin, ancestry or place of birth, sex, gender identity or expression, perceived gender identity, sexual orientation, disability, use of a service animal due to disability, marital status, familial status, genetic information, veteran status, age or other classification protected by applicable law in matters of admissions, employment, services or in the educational programs or activities that it operates. Harassment that is based on any of these characteristics, whether in verbal, physical or visual form, constitutes a form of prohibited discrimination. This includes harassing conduct that affects tangible job benefits, unreasonably interferes with an individual’s academic or work performance or which creates what a reasonable person would perceive to be an intimidating, hostile or offensive work or educational environment. It is the further policy of the College to comply with Title IX of the Education Amendments of 1972, which prohibits discrimination based on gender or sex in the College’s educational programs and activities, as well as the requirements of the Jeanne Clery Disclosure of Campus Security Policy and Campus Crimes StatisticsAct, as amended by the Violence Against Women Act (VAWA), and Article XX-J of the Pennsylvania Public School Code. As more fully described below, conduct prohibited under these laws and College policies includes Title IX/Sexual Harassment Offenses, acts of sexual violence, and other forms of sexual misconduct, including but not limited to sexual assault, domestic violence, dating violence and stalking. II. S COPE AND J URISDICTION OF P ROCEDURE The Community College of Allegheny County has adopted this Procedure in order to provide for the prompt, fair and impartial investigation of and response to reported incidents of Title IX/Sexual Harassment Offenses and other violations of the College’s policies prohibiting unlawful discrimination, harassment and retaliation on the basis of a protected class. The College will promptly and equitably respond to all such reports in order to eliminate the misconduct, prevent its recurrence and redress its effects on any individual or the College community. This Procedure is available and applicable to all members of the College community, including the following: • Students
1
• Employees • Guests • Independent Contractors/Third-Party Vendors • Volunteers
This Procedure applies to all forms of prohibited conduct, as described in Section IV below, that occur in connection with a College program or activity. This may include the following types of conduct: 1. Conduct occurring at or on property or facilities owned or controlled by the College, including campus locations and centers, satellite and other non-campus locations, the Office of College Services, and College-owned or controlled parking lots and grounds. 2. Conduct occurring on public property within or immediately adjacent to a campus location. 3. Conduct occurring at activities that are sanctioned, organized or coordinated by the College, on or off campus, including but not limited to: a. Virtual/remote/online College classes, programs, and events b. Clinical placements, internships and externships c. Study abroad programs ( the College does not have jurisdiction over Title IX/Sexual Harassment Offenses that occur outside of the United States, and such offenses will therefore not be processed under the Process A/Title IX procedures set forth in Section XII below ; however, conduct associated with or giving rise to such offenses which also violates the College’s Student Code of Behavioral Conduct, the Employee Manual, and/or constitutes a civil rights violation prohibited by this Procedure may be processed and subject to sanctions imposed pursuant to the College’s Student Code of Behavioral Conduct, the Employee Manual, and/or the Process B/Civil Rights procedure set forth in Section XIII below, as applicable). d. Community activities e. Off campus sites offering non-credit classes and/or programs f. Athletic events, including travel thereto g. Activities sponsored or organized by recognized student organizations 4. Other conduct that takes place off campus but which has the potential to adversely impact any member of the College community while on campus or otherwise adversely affect or disrupt the College’s learning or working environment. III. Definitions As used in this Procedure, the words and phrases listed below are defined as: • Actual Knowledge : refers to notice of a complaint of or allegations relating to a Title IX/Sexual Harassment Offense received by the TIXC or any Official with Authority. • Advisor : the person chosen by a party or appointed by the institution to accompany the party to meetings arising under and/or required by these Procedures, to advise the party on the processes provided in these Procedures, and to conduct cross-examination for the party at the Process A/Title IX hearing.
2
• Bullying : repeated and/or severe aggressive behavior likely to intimidate or intentionally hurt, control or diminish another person, physically or mentally on the basis of actual or perceived membership in a protected class. • Complainant(s): a person(s) who alleges to have been the subject of a Title IX/Sexual Harassment Offense or other Prohibited Conduct. • Complaint (formal) : a document filed/signed by a Complainant or signed by the TIXC alleging Prohibited Conduct by a Respondent and requesting that the College investigate the allegation. • Consent : a knowing, voluntary and clear agreement, by word or action, to engage in a specific sexual activity at the time of the activity. To be valid, consent must be knowing, voluntary, active and ongoing. Silence, in and of itself, cannot be interpreted as consent. Consent can be given by words or actions, as long as those words or actions create mutually understandable permission regarding the conditions of sexual activity. Consent to one form of sexual activity does not imply consent to other forms of sexual activity. Previous relationships or a consent previously given does not imply consent to future sexual acts. Consent cannot be procured by use of physical force, threats, intimidating behavior or other forms of coercion. Consent is not present when an individual is incapacitated due to the effects of alcohol, drugs or sleep. Consent is also not present when an individual lacks capacity to provide consent due to age (as described above), physical or intellectual disability or other condition. When determining whether a person has the capacity to provide consent, the College 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. The voluntary use of alcohol or other drugs by one or both parties prior to, during or in connection with a sexual activity does not serve as a defense to or excuse otherwise prohibited conduct. • Dating Violence : violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship shall be determined based on the reporting party’s statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. For the purposes of this definition, 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. • Discrimination : actions that deprive members of the College community of educational, extracurricular (including athletics) or employment access, benefits or opportunities on the basis of their actual or perceived membership in a protected class. • Discriminatory Harassment : unwelcome conduct, whether in verbal, written, physical, or graphic form, on the basis of actual or perceived membership in a protected class. • Domestic Violence : a felony or misdemeanor crime of violence committed by a current or former spouse or intimate partner of the victim; by a person with whom the victim shares a child in common; by a person who is cohabitating with, or has cohabitated with, the victim as
3
a spouse or intimate partner; by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred; by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred. • Education Program or Activity : locations, events, or circumstances where the College exercises substantial control over both the Respondent and the context in which Prohibited Conduct occurs. • Finding : a conclusion by the preponderance of the evidence standard of proof that the conduct did or did not occur as alleged. • Hostile Environment : conduct that is so severe, persistent or pervasive that it has the effect of unreasonably interfering with an individual’s work performance or educational experience or which otherwise unreasonably limits or deprives an individual from participating in or receiving the benefits of employment with the College and/or an Education Program or Activity at the College. The existence of a Hostile Environment is to be judged both objectively (meaning a reasonable person would find the environment hostile) and subjectively (meaning the impacted individual felt that the environment was hostile). • Hearing Decision-Maker or Panel : refers to those who have decision-making and sanctioning authority under the Process A/Title IX described in Section XI below. • Intimidation : implied threats or acts that cause another person a reasonable fear of harm. • Investigator : means the person or persons charged by the College with gathering facts about alleged Prohibited Conduct, assessing relevance and credibility, synthesizing the evidence, and compiling this information into an investigation report and file of directly related evidence. • Mandatory Reporter : an employee of the College who is obligated by applicable law, College policy, and/or this Procedure to share knowledge, notice, and/or reports of Prohibited Conduct with the TIXC, an Official with Authority, and/or their supervisor. • Notice : means that an employee, student, or third party informs the TIXC or other Official with Authority of the alleged occurrence of Prohibited Conduct. • Official with Authority (OWA) : means an employee of the College explicitly vested with the responsibility to implement corrective measures for Prohibited Conduct on behalf of the College. • Process A/Title IX (Sexual Harassment) : means the formal process for resolving Complaints alleging Title IX/Sexual Harassment Offenses, as described in Section XII below. • Process B/Civil Rights : means the formal process for resolving Complaints alleging Discrimination, Discriminatory Harassment, Retaliation, and other Prohibited Conduct that does not meet the definition of a Title IX/Sexual Harassment Offense, as described in Section
4
XIII below.
• Prohibited Conduct : Conduct and offenses listed in Section IV below. • Reasonable Accommodation(s) for Student s: approved modification(s) of programs, appropriate academic adjustments, or auxiliary aids that enable students to participate in and benefit from all educational programs and activities, unless to do so would cause undue hardship. • Reasonable Accommodation(s) for Employees : any modification or adjustment to a job requirement or the work environment that will enable a qualified applicant or employee with a disability to participate in the application process or to perform essential job functions, unless to do so would cause undue hardship. • Relevant Evidence : evidence that tends to prove or disprove an issue in the Complaint. • Remedies : post-finding actions directed to the Complainant and/or the community as mechanisms to address safety, prevent recurrence, and restore access to the College’s educational program. • Respondent(s) : an individual who has been reported to be the perpetrator of conduct that could constitute a Title IX/Sexual Harassment Offense or other Prohibited Conduct. • Retaliation : any action, directly or through others, that would have the effect of preventing or deterring a reasonable person from reporting Prohibited Conduct, or from participating in or providing information in response to an investigation, hearing or other action authorized under this Procedure. • Sanction : means a consequence imposed on a Respondent who is found to have engaged in Prohibited Conduct. • Sexual Assault : any sexual act directed against another person without consent, including instances in which the Complainant is incapable of giving consent. A “sexual act” is defined by federal regulation to include one or more of the following, which are also Clery Act reportable crimes: Rape (Except Statutory Rape) : the carnal knowledge of a person (i.e. penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person), without the consent of the victim. This includes instances where the victim is incapable of giving consent because of their age or because of their temporary or permanent mental or physical incapacity. Sodomy : oral or anal sexual intercourse with another person, without the consent of the victim. This includes instances where the victim is incapable of giving consent because of their age or because of their temporary or permanent mental or physical incapacity. Sexual Assault with an Object : the use of an object or instrument to penetrate, however slightly, the genital or anal opening of the body of another person, without the consent of the victim. This includes instances where the victim is incapable of giving
5
consent because of their age or because of their temporary or permanent mental or physical incapacity. Fondling : the touching of the private body parts of another person for the purpose of sexual gratification without consent of the victim. This includes instances where the victim is incapable of giving consent because of their age or because of their temporary or permanent mental or physical incapacity. Incest : non-forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law. Statutory Rape : non-forcible sexual intercourse with a person who is under the statutory age of consent. • Sexual Exploitation : taking sexual advantage of another person or violating the sexual privacy of another person when consent is not present. Acts of sexual exploitation include, but are not limited to, observing or permitting others to witness or observe the sexual activity of another person without that person’s consent; indecent exposure; inducing others to expose themselves when consent is not present; recording or distributing information, images, or recordings of any person engaged in sexual activity or in a private space without that person’s consent; prostituting another individual; knowingly exposing another individual to a sexually transmitted disease or virus without that individual’s knowledge; and inducing incapacitation for the purpose of making another person vulnerable to non- consensual sexual activity. • Sexual Harassment : is the umbrella category including the offenses of Sexual Harassment, sexual assault, stalking, and dating violence, domestic violence and unwelcome conduct, determined by a reasonable person to be so severe and pervasive and objectively offensive that it effectively denies a person equal access to the College’s educational program or activity. Such conduct can consist of unwelcome sexual advances, requests for sexual favors or other verbal, written, graphic or physical conduct of a sexual nature, when any or all of the following are present: Quid Pro Quo Sexual Harassment : submission to or rejection of the conduct is either implicitly or explicitly made a term or condition of an individual’s participation or continued participation in any College employment or Education Program or Activity, or otherwise forms the basis for a decision that adversely impacts that person’s employment or educational experience. Hostile Environment Sexual Harassment : conduct that has the effect of creating a Hostile Environment. Such conduct interferes with, limits, or effectively denies an individual’s educational or employment access, benefits, or opportunities and is severe, pervasive and objectively offensive. • Stalking : engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for the person’s safety or the safety of others; or suffer substantial emotional distress. For the purposes of this definition: Course of conduct means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property. Reasonable person means a reasonable person under similar circumstances and with similar identities to the victim. Substantial emotional distres s means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or
6
counseling.
• Supportive Measures : are non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the parties to restore or preserve access to the College’s education program or activity, including measures designed to protect the safety of all parties or the College’s educational environment, and/or deter Prohibited Conduct. • Title IX Coordinator (TIXC) : official designated by the College to ensure compliance with Title IX. This official also serves as the Civil Rights Compliance Officer and ADA/504 Coordinator for the College. The TIXC has the primary responsibility for coordinating the College’s efforts related to the intake, investigation, resolution, and implementation of supportive measures to stop, remediate, and prevent Prohibited Conduct. The TIXC acts with independence and authority free from bias and conflicts of interest. The TIXC oversees all resolutions under this Procedure. • Title IX/Sexual Harassment Offenses : an umbrella term that refers to and includes the offenses which constitute Sexual Harassment, Sexual Assault, Sexual Exploitation, Stalking, Dating Violence, and Domestic Violence. IV. P ROHIBITED C ONDUCT Conduct prohibited by College policies and reportable under this Procedure includes, but is not limited to, the following: 1. Discrimination 2. Discriminatory Harassment 3. Bullying 4. Hazing 5. Intimidation 6. Title IX/Sexual Harassment Offenses 7. Retaliation 8. Not Honoring the College’s established attendance procedure for pregnant students and pregnancy- related conditions, which is further detailed in Section V. 9. Denial of reasonable accommodations for individuals with documented disabilities. 10. Denial of reasonable accommodations for pregnant students or employees. 11. Romantic Relationships in the workplace or within the educational environment that violate the requirements set forth in Board Policy II.02: Unlawful Harassment . This Procedure does not apply to grade-related disputes or other complaints of an academic nature that fall within the scope of the College’s Academic Complaint Policy, with the exception of the following: 1. Complaints that allege that an academic decision was determined as a result of discrimination and/or harassment on the basis of actual or perceived membership in a protected class; 2. Complaints that allege that an individual was denied participation in an academic
7
program or activity due to discrimination and/or harassment on the basis of actual or perceived membership in a protected class; and 3. Complaints that allege that discrimination and/or harassment on the basis of actual or perceived membership in a protected class affected or altered an individual’s ability to perform academically. Please see Section VII for information on how to submit a report or file a complaint regarding prohibited conduct. V. A TTENDANCE P ROCEDURE FOR P REGNANCY & P REGNANCY -R ELATED C ONDITIONS In accordance with Title IX of the Education Amendments of 1972, absences due to pregnancy and pregnancy-related conditions, including childbirth, false pregnancy, termination of pregnancy, and recovery from any of these conditions, shall be excused for as long as the absences are determined to be medically necessary. If students register their pregnancy and/or pregnancy related-conditions with the TIXC, students will be provided with the opportunity to make up any work missed as a result of such absences, if possible. The College may also offer the student alternatives to making up missed work, such as, but not limited to, retaking a semester, taking part in online instruction or allowing the student additional time in a program to continue at the same pace and finish at a later date. For more information or requests for accommodations, students should inform their instructor(s) and/or contact the TIXC at 412.237.4542 or kschoos@ccac.edu. Per mandatory reporting obligations, instructors are required to inform the TIXC if a student discloses a pregnancy and/or a pregnancy-related condition. VI. F REE E XPRESSION AND A CADEMIC F REEDOM The College 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 the College community. Conduct prohibited by this Procedure, including acts of retaliation, does not constitute protected expression nor the proper exercise of academic freedom. The College will, however, consider rights under the First Amendment and academic freedom in its investigation of reports submitted under this Procedure, to the extent that the reported misconduct or retaliation involves an individual’s verbal or written statements or speech, as well as symbolic or other forms Prompt reporting of Prohibited Conduct is encouraged, because facts often become more difficult to establish as time passes. The College will take prompt and appropriate action in response to all reports in order to end the Prohibited Conduct, prevent its recurrence and address its effects. Any person may report Prohibited Conduct (whether or not the person reporting is the person alleged to be the victim of the conduct), in person, by mail, by telephone, or by e-mail, using the contact information listed for the TIXC, or by any other means that results in the TIXC receiving the person’s verbal or written report. Such a report may be made at any time, including during non-business hours, by using the telephone number or e-mail address, or by mail to the office address, listed for the TIXC. of non-verbal speech. VII. R EPORTING
8
The ability of the College to take disciplinary action against a Respondent may be limited if the Respondent is no longer a member of the College community at the time of the report or at the time the resolution and/or investigatory process is initiated or completed. If the Respondent is a staff member, faculty member or student and leaves the College while an investigation is pending, the Respondent will not be permitted to return to the College until the report or complaint has been resolved through this Procedure. Any individual, including a third party, who has experienced, witnessed or become aware of conduct prohibited by this Procedure can submit a report or file a complaint. A. Online and Anonymous Reporting CCAC maintains an online reporting system to receive complaints of Prohibited Conduct, including reported incidents of Title IX/Sexual Harassment Offenses. The Civil Rights/Title IX Incident Report Form can be accessed from the Office of Diversity, Equity and Inclusion page on the College’s website and from the MyCCAC portal. Please note that the Civil Rights/Title IX Incident Report Form can also be used to submit an anonymous report; however, the College’s ability to address misconduct reported anonymouslymay be limited. All reports electronically submitted using the Civil Rights/Title IX Incident Report Form will be sent directly to the TIXC, and access to the report will be limited to the TIXC and/or other officials expressly authorized by the College to investigate and respond to reports and complaints received under this Procedure. No individual having access to data submitted through the College’s online reporting system may share or disseminate such information to any other person except to the extent authorized by this Procedure or required by law. B. Internal Reporting Options Reports can also be submitted, verbally or in writing, to any of the offices and/or officials listed below. If the report falls under Process A/Title IX (Sexual Harassment), then a formal written and signed complaint will be required. If the Reporter or Complainant does not want to submit a written statement, the TIXC or their designee can prepare a statement of facts for approval by the Reporter or Complainant. A Civil Rights Violation Complaint Form is available for filing a formal complaint and for providing written statements ( Appendix A ). Students: Any student (credit or non-credit) can report Prohibited Conduct directly to the TIXC. Students can also report violations to any of the Officials with Authority (OWA) listed below without fear of retaliation. Employees/Volunteers: Any employee (faculty, staff or administrator) or volunteer can report Prohibited Conduct directly to the TIXC, the Civil Rights Investigator, the Vice President of Human Resources, the Assistant Vice President of Human Resources (contact information listed below) and/or to the employee’s direct supervisor without fear of retaliation.
9
Guests and Independent Contractors/Third-Party Vendors: Any guest or independent contractor/third-party vendor can report Prohibited Conduct to the TIXC and/or to the Office of Human Resources (contact information listed below) directly without fear of retaliation. Officials with Authority (OWA) Contact Information: The College has determined that the following administrators are Officials with Authority (OWA) to address and correct Prohibited Conduct. The Officials with Authority listed below may accept notice or complaints on behalf of the College. Title IX Coordinator (TIXC) / Civil Rights Compliance Officer/ADA 504 Coordinator Office of College Services Allegheny Campus, Byers Hall 316 808 Ridge Avenue Pittsburgh, PA 15212 412.237.4542 kschoos@ccac.edu
Civil Rights Investigator Office of College Services Allegheny Campus, Byers Hall 321 808 Ridge Avenue Pittsburgh, PA 15212 412.237.4535 apietropaolo@ccac.edu Vice President of Human Resources Office of College Services, Suite 110
800 Allegheny Avenue Pittsburgh, PA 15233 412.237.3001 kmanigault@ccac.edu Assistant Vice President of Human Resources Office of College Services, Suite 109 800 Allegheny Avenue Pittsburgh, PA 15233 412.237.3034 dkaminski@ccac.edu Associate Provost for Enrollment Management Office of College Services (OCS), 221
800 Allegheny Avenue Pittsburgh, PA 15233 724-325-6670 mlkennedy@ccac.edu
10
Dean of Students Office Allegheny Campus, SSC 360 808 Ridge Avenue Pittsburgh, PA 15212 412.237.2520 kspiker@ccac.edu Dean of Students Office Boyce Campus, S571 595 Beatty Road Monroeville, PA 15146 724.325.6651 mutter@ccac.edu Dean of Students Office North Campus, N301 98701 Perry Highway Pittsburgh, PA 15237 412.369.3654 vst.surin@ccac.edu Dean of Students Office
South Campus, B343 1750 Clairton Road West Mifflin, PA 15122 412.469.6201 tevans@ccac.edu Chief Diversity, Equity and Inclusion Officer Office of College Services Allegheny Campus, Byers Hall 318 808 Ridge Avenue Pittsburgh, PA 15212 412.237.4430 aperez-johnston@ccac.edu
No individual is required to report an alleged incident of Prohibited Conduct directly to the Respondent and/or the Respondent’s supervisor. Further, if a report involves an OWA as a Respondent, then the report should be submitted to one or more of the other OWAs listed above, and/or submitted through the online Incident Report Form. C. Mandatory Employee Reporting Responsibility All College employees, including faculty, staff and administrators, are required to report any incidences of Prohibited Conduct, as described above, of which they become aware, either directly or through a third party, to the TIXC. As indicated in Section V, if a student discloses pregnancy/pregnancy-related conditions to an instructor, this information should be reported to the TIXC as it falls under the auspices of Title IX. Reports should be made in a timely manner,
11
generally within 24-48 hours absent other exigent circumstances. The College is required to conduct a prompt, thorough and impartial investigation of Prohibited Conduct regardless of whether or not a Complaint is filed. Failure to report can result in disciplinary action, up to and including termination. D. Privacy and Requests for Confidentiality or No Action The College is committed to protecting the privacy of all individuals involved in an incident reported under this Procedure. Every effort will be made to protect the privacy interests of all individuals involved. This means that information related to such reports 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 ofthe report or to deliver resources or support services. All participants in an investigation of Process A/Title IX (Sexual Harassment), including Advisors and witnesses, will be informed that privacy helps enhance the integrity of the investigation and protect the privacy interests of the parties, and will be asked to keep any information learned in an investigation meeting or hearing confidential, to the extent consistent with applicable law. Notwithstanding the foregoing, the College cannot guarantee absolute confidentiality with respect to reports received under this Procedure. As described in Section C above, all College employees have a duty to report incidents of which they become aware to the TIXC. If at any point a previously self-identified Reporter or Complainant requests that their name or other identifiable information be held confidential with respect to the Respondent, or decides not to pursue action by the College, the College will make all reasonable attempts to respond to the report or complaint consistent with that request. However, the College’s ability to investigate and respond to the reported conduct may be limited in such a circumstance. Further, due to the fact that the College has a legal obligation to review all reports and complaints involving Prohibited Conduct, the College will weigh the request for confidentiality and/or no action against such factors as the seriousness of the alleged conduct, whetherthere have been other complaints or reports of a similar nature against the same Respondent, the College’s obligation to provide a reasonably safe and nondiscriminatory environment for all members of the College community, and the rights of the Respondent to receive notice and relevant information before disciplinary action is taken. If the College determines that it is necessary to proceed with the complaint procedure or implement other appropriate remedies, the Complainant will be notified by the TIXC of the College’s chosen course of action. The TIXC has discretion over whether the College proceeds when the Complainant does not wish to do so, and the TIXC may sign a formal Complaint to initiate the formal resolution process upon completion of an appropriate risk assessment. This assessment can include compelling risk to health and/or safety may result from evidence of patterns of misconduct, predatory conduct, threats, abuse of minors, use of weapons, and/or violence. The College may be compelled to act in response to alleged employee misconduct irrespective of a Complainant’s wishes. When the TIXC executes the written complaint, they do not become the Complainant. The Complainant is the individual who is alleged to be the victim of conduct that could constitute a violation of this policy. Note that the College’s ability to remedy and respond to notice may
12
be limited if the Complainant does not want the College to proceed with an investigation and/or formal resolution process, or refuses to participate in the same. E. Community-Based Confidential Reporting Sources The community resources listed below are available to assist individuals, on a confidential basis, who have been victims of sexual misconduct. Disclosing information to or seeking advice from one of these community-based resources does not constitute a report or complaint to the College, and will not result in aresponse or intervention by the College. A person consulting with a confidential resource may later decide to make a report to the College and/or law enforcement. Pittsburgh Action Against Rape (PAAR) 81 S 19th Street Pittsburgh, PA 15203 24-hour confidential hotline : 1-866-END-RAPE (1-866-363-7273) Web: https://paar.net/ Women’s Center and Shelter of Greater Pittsburgh 24-Hour Confidential Hotline : 412-687-8005 F. External Reporting Options In addition to and/or in lieu of filing a complaint under this Procedure, a person may also file a complaint concerning Prohibited Conduct with the following governmental agencies: US Department of Education, Office for Civil Rights (OCR) 400 Maryland Avenue, SW Washington, DC 20202-1100 Customer Service Hotline #: (800) 421-3481 | Facsimile: (202) 453-6012 TTY#: (800) 877-8339 | Email: OCR.Philadelphia@ed.gov Web: https://www2.ed.gov/about/offices/list/ocr/docs/howto.html?src=rt Equal Opportunity Employment Commission (EEOC) Pittsburgh Office William S. Moorhead Federal Building 1000 Liberty Avenue, Suite 1112 Pittsburgh, PA 15222 1-800-669-4000
Pennsylvania Human Relations Commission (PHRC) Pittsburgh Office 301 Fifth Avenue Suite 390, PiattPlace Pittsburgh, PA 15222 (412) 565-5395 https://www.phrc.pa.gov/Pages/default.aspx
13
G. Reporting to Law Enforcement Authorities In cases involving potential criminal misconduct, including acts of sexual misconduct and violence, the College encourages individuals to report the conduct to the law enforcement agency that has jurisdiction over the location where the incident occurred. If the conduct is reported to the College, the individual will be informed of their option to also report any potential criminal activity to the police. Members of the College Safety & Security Offices are available to assist the Complainant in contacting appropriate law enforcement authorities. The College will generally respect a Complainant’s choice whether to report an incident to local law enforcement or initiate a complaint under this Procedure, unless the College determines that there is an overriding interest with respect to the safety or welfare of the College community. However, if a report involves suspected abuse of a child (an individual under the age of 18 at the time of the incident(s) as reported), then College employees and volunteers are required to immediately and directly report the suspected abuse to Childline, either electronically at www.compass.state.pa.us/cwis or by calling 1-800-932-0313, in accordance with law and the Procedures for Mandatory Reporting of Child Abuse section of the College’s Administrative Regulations Manual . H. Federal Timely Warning Obligations Victims of sexual misconduct should be aware that the College is required by law to issue timely warnings for incidents reported to them that pose a serious or ongoing threat to members of the campus community. The College will make every effort to ensure that a victim’s name and other identifying information is not disclosed or included in such notifications, while still providing enough information for community members to make safety decisions in light of the potential danger. Additional information regarding how the College assesses and issues timely warnings and emergency notifications is set forth in the Procedures and Criteria for Issuing Emergency Notifications, Timely Warnings and Other Alerts section of the College’s Administrative Regulations Manual . VIII. S UPPORTIVE M EASURES The College will offer and implement appropriate and reasonable supportive measures to all parties upon notice of Prohibited Conduct. Supportive measures are non-disciplinary, non- punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the parties to restore or preserve access to the College’s education program or activity, including measures designed to protect the safety of all parties or the College’s educational environment, and/or Prohibited Conduct. The TIXC or designee promptly makes supportive measures available to the parties upon receiving notice ora complaint. At the time that supportive measures are offered, the College will inform the Complainant, in writing, that they may file a formal complaint with the College either at that time or in the future, if they have not done so already. The College will maintain the privacy of the supportive measures, provided that privacy does not impair theCollege’s ability to provide the supportive measures. The College will act to ensure as minimal an academic impact on the parties as possible. The supportive measures will be
14
implemented in a way that does not unreasonably burden the other party. These measures may include, but are not limited to:
• Referral to Counseling/Employee Assistance Program • Referral to community-based service providers • Student financial aid counseling • Education to the community or community subgroup(s) • Altering work arrangements for employees or student-employees • Safety planning • Providing campus safety escorts • Implementing contact limitations (no contact orders) between the parties • Academic support, extensions of deadlines, or other course/program-related adjustments
• Class schedule modifications, withdrawals, or leaves of absence • Increased security and monitoring of certain areas of the campus • Any other actions deemed appropriate by the TIXC IX. E MERGENCY R EMOVAL
The College can act to remove a Respondent entirely or partially from its education program or activities, oremployment, on an emergency basis if it is determined that the individual in an immediate threat to the physical health or safety of any member of the college community. The TIXC will work in conjunction with the Behavioral Intervention Team (BIT)/Care Team, Human Resources, Safety & Security, and College leadership to make the determination based upon standard, objective threat assessment procedures. In all cases of emergency removal, the student/employee will be given notice of the action and the option to request a meeting with the TIXC prior to removal, or as soon thereafter as reasonably possible. During the meeting, the student/employee will have the opportunity to show cause why the removal should not be implemented, or should be modified. A Respondent may be accompanied by an Advisor of their choice when meeting with the TIXC. This meeting is not a hearing on the merits of the allegation(s), but rather is an administrative process intended to determine solely whether the emergency removal is appropriate. Prior tothe meeting, the Respondent will be given access to a written summary of the basis of the emergency removal to allow for adequate preparation. If this meeting is not requested within 48 hours of being provided notice, objections to the emergency removal will be deemed waived. A Complainant and their Advisor may be permitted to participate in this meeting if the TIXC determines it is equitable to do so. There is no appeal process for emergency removal decisions. The TIXC in conjunction with appropriate Administrators will determine to implement or stay an emergency removal and determine the conditions and duration. Violation of an emergency removal under this policy will be grounds for discipline, which may include expulsion or termination. The College will implement the least restrictive emergency actions possible in light of the circumstances andsafety concerns. As determined by the TIXC and appropriate Administrators, these actions could include, but are not limited to: temporarily re-assigning an employee, restricting a
15
student’s or employee’s access to or use of facilities or equipment, allowing a student to withdraw or take grades of Incomplete without financial penalty, authorizing an administrative leave, and suspending a student’s participation in extracurricular activities, student employment, student organizational leadership, or intercollegiate/intramural athletics. X. S TANDARD OF P ROOF The preponderance of the evidence standard will be used for all investigations of complaints alleging Prohibited Conduct. This standard of the evidence demonstrates that it more likely than the conduct occurred, and will be used to determine whether or not an individual has violated College policy. XI. C IVIL R IGHTS /T ITLE IX C OMPLAINT P ROCESSES The College has developed two separate formal resolution processes within this Procedure to address Prohibited Conduct involving students and employees. Unionized or other categorized employees will be subject to the terms of their respective Collective Bargaining Agreements to the extent those Agreements do not conflict with federal or state compliance obligations. Redress and requests for responsive actions for incidents involving guests, volunteers and independent contractors/third-party vendors are also covered by this Procedure. Process A/Title IX will address complaints alleging Title IX/Sexual Harassment Offenses. Process B/Civil Rights will address complaints alleging Discrimination, Discriminatory Harassment, Retaliation, and other Prohibited Conduct that does not meet the definition of a Title IX/Sexual Harassment Offense. The TIXC will determine if alleged misconduct falls within the scope of Process A/Title IX or Process B/Civil Rights. Upon receipt of a complaint or notice to the TIXC of an alleged violation, an initial assessment will be done to determine the next steps. The College will initiate at least one of three responses: 1. Offering supportive measures because the Complainant does not want, or refuses, to proceed formally. 2. An informal resolution (Process B/Civil Rights only). 3. A Formal Grievance Process including an investigation and/or hearing.
XII. P ROCESS A/T ITLE IX (S EXUAL H ARASSMENT ) A. Initial Complaint Assessment Following receipt of notice or a complaint of Prohibited Conduct, the TIXC engages in an initial assessment. The steps in an initial assessment can include:
16
1. If notice is given, the TIXC seeks to determine if the person affected/Complainant wishes to make a formal, written Complaint, and will assist them to do so, if desired. If they do not wish to do so, the TIXC determines whether to initiate a Complaint due to a compelling threat to the health and/or safety of any member of the College community. 2. Upon receipt of notice/a formal Complaint, the TIXC and/or designee will reach out to the Complainant to offer supportive measures and provide information about the complaint and resolution processes. 3. If, after initial assessment of a written report or Complaint, the TIXC determines that the report/Complaint alleges a Title IX/Sexual Harassment Offense, the case will move forward to Process A/Title IX. 4. At the time of filing a formal Process A/Title IX Complaint, a Complainant must be participating in or attempting to participate in an Education Program or Activity of the College, or an employee. 5. Mandatory Dismissal : If the allegations in the Complaint would not constitute a Title IX/Sexual Harassment Offense, even if proved, or did not occur in an Education Program or Activity against a person in the United States, the College must dismiss the Title IX/Sexual Harassment Offense Complaint . However, if the conduct alleged in the Complaint would, if proven, also violate the College’s Student Code of Behavioral Conduct, the Employee Manual, and/or constitute other Prohibited Conduct, the Complaint may be processed under and subject to sanctions imposed pursuant to the College’s Student Code of Behavioral Conduct, the Employee Manual, and/or the Process B/Civil Rights procedure set forth in Section XIII below, as applicable. B. Respondent Written Notice Upon opening an investigation, the TIXC will provide the Respondent with written notice of the allegations that are the subject of the Complaint. The notice will include sufficient detail to enable the Respondent to prepare a response to the allegations prior to any initial investigatory interview, and to identify and choose an Advisor to accompany them to the interview. The Complainant will be informed in advance of when the notice will be delivered to the Respondent. Amendments and updates to the notice may be made as the investigation progresses and more information becomes available regarding the addition or dismissal of various charges. Notice will be made in writing and may be delivered by one or more of the following methods: in person, mailed to the local or permanent address(es) of the parties as indicated in official College records, or emailed to the parties’ College-issued email or designated accounts. Once mailed, emailed, and/or received in-person, notice will be presumptively delivered. C. Right to an Advisor The parties may each have an Advisor of their choice present with them for all meetings and interviews within the resolution process described in this Section XII, if they so choose. The
17
parties may select whomever they wish to serve as their Advisor as long as the Advisor is eligible and available. The College cannot guarantee equality with respect to the background, qualifications and skills of Advisors selected by the parties. This means that if one party selects an Advisor who is an attorney, but the other party does not select an attorney or cannot afford an attorney to serve as an Advisor, the College is not obligated to provide that party with an attorney. 1. Advisor Selection a. The Advisor may be a friend, mentor, family member, attorney, or any other individual a party chooses to advise, support, and/or consult with them throughout the resolution process. The parties may choose Advisors from inside or outside of the College community. b. The TIXC will also offer to assign a trained Advisor for any party if the party so chooses. If a party chooses an Advisor from the pool available from the College, the Advisor will be trained by the College and be familiar with this Procedure. c. Choosing an Advisor who is also a witness in the process creates potential for bias and conflict-of-interest. A party who chooses an Advisor who is also a witness can anticipate that issues of potential bias will be explored by the Hearing Decision- Maker(s). 2. Advisor Role a. Process A/Title IX requires that both parties be provided with the opportunity to conduct cross-examination during the hearing, which must be conducted by the parties’ Advisors. The parties are not permitted to directly cross-examine each other or any witnesses. If a party does not have an Advisor for a hearing, the College will appoint a trained Advisor for the limited purpose of conducting any cross-examination. b. A party may reject this appointment and choose their own Advisor, but they may not proceed without an Advisor. If the party’s Advisor will not conduct cross- examination, the College will appoint an Advisor who will do so thoroughly, regardless of the participation or non-participation of the advised party in the hearing itself. Extensive questioning of the parties and witnesses will also be conducted by the Hearing Decision-Maker during the hearing. c. The parties may be accompanied by their Advisor in all meetings and interviews at which the party is entitled to be present, including intake and interviews. Advisors should help the parties prepare for each meeting and are expected to advise ethically, with integrity, and in good faith. D. Investigation Process All investigations will be conducted in a thorough, reliable, impartial, prompt, and fair manner.
18
Investigations will include interviews with all relevant parties and witnesses; endeavor to obtain available, relevant documents and evidence; and identify sources of expert information, as necessary. Good faith effort will be made to conclude the investigation within a reasonable time. If a party refuses to participate in the investigatory process, the investigator will make their findings based upon the information available to them. All parties will be provided with full and fair opportunity, throughout the investigatory process, to suggest witnesses and questions, to provide evidence and expert witnesses, and to fully review and respond to all evidence on the record. The TIXC will make good faith efforts to notify the parties of any meeting or interview involving the other party, in advance when possible. In the event that a report or Complaint is also the subject of a separate, external criminal investigation, the College will continue to make good faith efforts to investigate the alleged conduct and take action to address the effects of Prohibited Conduct at its campuses/centers or in the work or educational environment. Prior to the conclusion of the investigation, the parties and their respective Advisors (if so desired by the parties) will be provided a secured electronic or hard copy of the draft investigation report, as well as an opportunity to inspect and review all of the directly related evidence obtained for a ten (10)business day, or less, review and comment period so that each party may meaningfully respond to the evidence. The Investigator will incorporate any relevant feedback, and the final report will then be shared with all parties and their Advisors through secure electronic transmission or hard copy at least ten (10) business days prior to a hearing. The parties are also provided with a file of any directly related evidence that was not included in the report. The Investigator(s) should document all rationales for any changes made after the review and comment period. Once the final investigation report is shared with the parties, the Title IX Coordinator will refer the matter for a hearing. The hearing cannot be held less than ten (10) business days from the conclusion of the investigation, unless all parties and the Hearing Decision-Maker agree to an expedited timeline. The Title IX Coordinator will select an appropriate Hearing Decision-Maker or Hearing Panel from the trained pool (Section: XII: E.1) and provide a copy of the investigation report. E. Live Hearing Board (LHB) 1. Membership a. Each Live Hearing Board (LHB) will be comprised by a single Hearing Decision- Maker or a three-member (3) Hearing Panel, selected from a pool of trained potential hearing board members at the discretion of the TIXC. If a single Hearing Decision-Maker is selected, the Hearing Decision-Maker will also serve as the Hearing Chair. If a three-member Hearing Panel is chosen, one (1) of the three (3) members of the panel will be appointed as Hearing Chair by the TIXC.
19
Page 1 Page 2 Page 3 Page 4 Page 5 Page 6 Page 7 Page 8 Page 9 Page 10 Page 11 Page 12 Page 13 Page 14 Page 15 Page 16 Page 17 Page 18 Page 19 Page 20 Page 21 Page 22 Page 23 Page 24 Page 25 Page 26 Page 27 Page 28 Page 29 Page 30 Page 31 Page 32 Page 33 Page 34 Page 35 Page 36 Page 37 Page 38Made with FlippingBook Annual report maker