1 Table of contents 38

civil-rights-and-sexual-misconduct-reporting-response-procedure-8-25-2021.pdf

Civil Rights and Sexual Misconduct Reporting and Response Procedure		1
II. Scope and Jurisdiction of Procedure		1
IV. Prohibited Conduct		7
6. Title IX/Sexual Harassment Offenses		7
V. Attendance Procedure for Pregnancy & Pregnancy-Related Conditions		8
VI. Free Expression and Academic Freedom		8
VII. Reporting		8
A. Online and Anonymous Reporting		9
B. Internal Reporting Options		9
Title IX Coordinator (TIXC)/Civil Rights Compliance Officer/ADA 504 Coordinator		10
Assistant Vice President of Human Resources		10
Dean of Students Office		11
Dean of Students Office		11
Dean of Students Office		11
Dean of Students Office		11
Chief Diversity, Equity and Inclusion Officer		11
C. Mandatory Employee Reporting Responsibility		11
D. Privacy and Requests for Confidentiality or No Action		12
E. Community-Based Confidential Reporting Sources		13
Pittsburgh Action Against Rape (PAAR)		13
Women’s Center and Shelter of Greater Pittsburgh		13
F. External Reporting Options		13
US Department of Education, Office for Civil Rights (OCR)		13
Equal Opportunity Employment Commission (EEOC)		13
Pennsylvania Human Relations Commission (PHRC)		13
G. Reporting to Law Enforcement Authorities		14
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 occur...		14
H. Federal Timely Warning Obligations		14
VIII. Supportive Measures		14
IX. Emergency Removal		15
X. Standard of Proof		16
XI. Civil Rights/Title IX Complaint Processes		16
XII. Process A/Title IX (Sexual Harassment)		16
A. Initial Complaint Assessment		16
B. Respondent Written Notice		17
C. Right to an Advisor		17
D. Investigation Process		18
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 a...		19
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 ...		19
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.		19
E. Live Hearing Board (LHB)		19
2. Training		20
b. Training content will include:		20
3. Proceeding		20
b. Alternative Hearing Participation Options		21
c. Hearing Preparation		22
d. Joint Hearings		22
e. Hearing Procedure		22
f. Record of Proceeding		23
g. Deliberation and Determination		23
h. Notice of Outcome		24
F. Sanctions/Corrective Actions		24
1. For Student Respondents		25
2. For Employee Respondents*		25
G. Appeals		26
Any party may file a Request for Appeal, which must be submitted in writing to the TIXC within five (5) business days of the delivery of the Notice of Outcome. Upon receipt of the appeal, the TIXC will appoint a single Appeal Decision-Maker or a thre...		26
1. Grounds for Appeal		26
a. Appeals are limited to the following grounds:		26
i. Procedural irregularity that affected the outcome of the matter;		26
ii. New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, which could affect the outcome of the matter; and		26
iii. The TIXC, Investigator(s), the Hearing Decision-Maker, or a member of the Hearing Panel had a conflict of interest or bias against the Complainant(s) or Respondent(s) generally or specifically that affected the outcome of the matter.		26
b. If any proposed grounds for appeal do not meet the standards outlined above, the request will be denied by the Appeal Chair and the party(ies) and their Advisor will be notified accordingly in writing of the denial and rationale.		26
c. If any of the proposed grounds for appeal meet the standards outlined in this policy, the Appeal Chair will notify the other party(ies) and their Advisors, the TIXC, and when appropriate, the Investigator(s) and/or original Hearing Decision-Maker/P...		27
d. The other party(ies) and their Advisor will be mailed, emailed, and/or provided a hard copy of the Request for Appeal with the approved grounds. They will be given seven (7) business days to respond to the section of the appeal that was approved an...		27
e. Neither party will be permitted to submit any new Requests for Appeal after this time period.		27
f. The Appeal Decision-Maker/Panel will collect any additional information or documentation needed regarding the approved appeals, and will render a decision no more than five (5) business days after the closure of the review and comment period descr...		27
g. A Notice of Appeal Outcome will be sent to all parties simultaneously, and will specify the finding and rational on each ground for appeal, any specific instructions for remand or reconsideration, and any sanctions that may result from the appeal.		27
h. Notifications will be made in writing and may be delivered by mail or email. Once mailed/emailed and/or received in person, notice will be presumptively delivered.		27
i. Once an appeal is decided, the outcome is final. Further appeals are not permitted.		27
2. Sanctions/Corrective Actions Status During the Appeal		27
XIII. PROCESS B/CIVIL RIGHTS		27
A. Initial Complaint Assessment		27
B. Respondent Written Notice		28
C. Right to an Advisor		28
If a Complainant or Respondent desires, they may be accompanied by an Advisor of their choice at any informal meeting, investigatory interview, administrative hearing or Civil Rights Hearing Board (CRHB) hearing conducted under this Process B/Civil Ri...		28
D. Investigation Process		29
E. Informal Resolution/Mediation		30
F. Civil Rights Hearing Board (CRHB)/Appeal		30
As detailed in Section XIII: D, the Civil Rights Hearing Board is an appeal option in the following circumstances:		30
 If a Respondent admits to engaging in conduct that constitutes a violation of this policy and the recommended sanction include suspension/expulsion of a student or termination of an employee.		30
 If a Respondent was found responsible for an allegation that the Respondent disputes or denies.		30
2. Training		31
3. Proceeding		31
b. Hearing Procedure		32
c. Determination of Responsibility		32
d. Record of Proceeding		32
e. Determination of Sanction(s)		33
f. Notice of Outcome		33
G. Sanctions		33
1. For Student Respondents		33
2. For Employee Respondents		34
H. Sanctions/Corrective Actions Status During the Appeal (CRHB)		35
XIV. Withdrawal or Resignation While Charges Pending		35
A. Student Respondent		35
Should a student Respondent refuse to participate in the resolution process, the process proceeds absent their participation to a reasonable resolution. Should a student Respondent permanently withdraw from the College, the resolution process ends wit...		35
If the student Respondent only withdraws or takes a leave for a specified period of time (e.g. one semester), the resolution process may continue remotely and the student is not permitted to return to the College unless and until all sanctions, if any...		35
B. Employee Respondent		35
Should an employee Respondent resign with unresolved allegations pending, the resolution process ends with dismissal, as the College no longer has disciplinary jurisdiction over a resigned employee.		35
The employee who resigns with unresolved allegations pending is not eligible for admission or rehire with the College, and the records retained by the TIXC will reflect that status. College responses to future inquiries regarding employment references...		35
XV. Long-Term Remedies/Actions		35
XVI. Complaint Resolution Time Frame		36
XVII. Time Limits On Reporting		36
XVIII. False Reporting		36
XIX. Retaliation		37
XX. Record Retention		37
XXI. Statement Of Rights Of The Parties		37
All parties involved in processes under the auspices of this Procedure have a right to the following:		37

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