Title IX

York College of Pennsylvania strives to eliminate sexual discrimination on campus and otherwise in its education program and activities. The College also strives to prevent the occurrence of sex discrimination and to address its effects. This policy describes how to report sexual misconduct allegations, how to file a formal complaint of sexual misconduct, how the College responds to allegations of sexual misconduct, and the College’s prompt, fair and equitable response to complaints in accordance with Title IX of the Education Amendments of 1972 (“Title IX”). 

This purpose of this policy is to ensure compliance with the provisions of Title IX, the Violence Against Women Reauthorization Act of 2013 (“VAWA”) and related Campus SaVE Act provisions (“Campus SaVE”). Sexual harassment and sexual violence are forms of sex discrimination prohibited by Title IX. Title IX also prohibits retaliation against individuals for making or participating in complaints of sex discrimination.  

This policy provides information regarding the College’s response to allegations of sexual misconduct, including descriptions of prohibited conduct, the process for resolving complaints, and possible remedies and sanctions. 

Inquiries about Title IX may be referred to the College’s Title IX Coordinator, the U.S. Department of Education’s Office for Civil Rights, or both. York College’s Title IX Coordinator is Vicki Stewart, whose office is located in the Human Resources Office in Manor Northeast. She can be contacted via email at titleix@ycp.edu. The Title IX Coordinator can also be contacted by phone (717.815.1440, internal extension 1440).

To report information about conduct that may constitute sex discrimination or make a complaint of sex discrimination under Title IX, please refer to the College’s Sex Discrimination Policy, which can be found on the College’s Title IX website.

The following definitions apply to the use of these terms in this policy:

College

Means York College of Pennsylvania (“York College”).

Student

• An individual taking courses at the College as a student (in either full time or part time status, undergraduate, graduate, or professional studies programs), as well as those participating in non-credit or off campus programs;
• Any individual who is not enrolled for a particular term but who has a continuing relationship with the College; and
• Students who have been notified that they have been accepted
  for admission and have paid a tuition deposit.

Faculty Member

Any individual hired by the College to conduct teaching activities or whom the College otherwise considers a member of the faculty. For the purpose of this policy, the term “faculty” does not include any individual who would qualify as a “student” under the definition of that term in this policy.

College Official

Includes any individual employed by the College, or other staff member performing assigned administrative or professional responsibilities.

Member of the College community

Includes any individual who is a student, faculty member, College official, any other person employed by the College, any member of the College’s Board of Trustees, or anyone who is participating or attempting to participate in the College’s education programs or activities.

College Property

Includes all land, buildings, facilities, and other property in the possession of or owned, leased, used, or controlled by the College (including adjacent streets and sidewalks).

Complainant

An individual alleged to be the victim of conduct that could constitute “sexual misconduct,” as that term is defined in this policy.

Formal Complaint

A document filed by a complainant or signed by the College’s Title IX Coordinator alleging sexual misconduct against a respondent and requesting that the College investigate the allegation of sexual misconduct. At the time of filing a formal complaint, a complainant must be participating in or attempting to participate in the
College’s education programs or activities. The Title IX Coordinator may not be considered a “complainant” under this policy, even in those situations when the Title IX Coordinator signs the formal complaint.

Respondent

An individual who has been reported to be the perpetrator of conduct that could constitute “sexual misconduct,” as that term is defined in this policy.

Complaint

An oral or written request to the College that can be objectively understood as a request for the College to investigate and make a determination about alleged discrimination under Title IX or the Title IX regulations.

Sex Misconduct

Discrimination on the basis of sex that takes the form of sexual harassment, sexual assault, sexual violence, domestic violence, dating violence, and sex-based stalking.

Sexual Harassment

Sexual harassment means conduct on the basis of sex that satisfies one or more of the following:

• A College employee conditions the provision of aid, benefit, or service of the College on an individual’s participation in unwelcome sexual conduct;
• Unwelcome conduct that a reasonable person would consider to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the College’s education programs or activities; or
• “Sexual assault,” “domestic violence,” “dating violence,” or “stalking” as defined in this policy.

Sexual Assault

• Any intentional anal or vaginal penetration of another against that person’s will or without that person’s consent;
• Any intentional oral penetration of another by a sexual organ against that person’s will or without that person’s consent;
• Any insertion of one’s genitals into another’s mouth, anus, or vagina against that person’s will or without that person’s consent;
• Any attempt to make or the making of physical contact with another for the purpose of sexual gratification, against that person’s will or without that person’s consent; or
• Any touching of a person’s sexual organs without that person’s consent and for any improper purpose;
• The use of physical force, coercion, intentional impairment, or threat of harm to commit any of these acts. 

Coercion

Occurs when a sexual initiator engages in sexually pressuring or oppressive behavior that causes the behavior’s target to engage in unwanted sexual behavior.

Domestic violence

An act of violence committed against an individual,

• By a current or former spouse or intimate partner of that individual;
• By a person with whom the alleged victim shares a child in common;
• By a person who is cohabitating with or has cohabitated with the alleged victim as a spouse or intimate partner;
• By a person similarly situated to a spouse under the domestic or family violence law of the jurisdiction in which the act of violence allegedly occurred; or
• By any other person against the alleged victim, if the relationship is such that the alleged victim is protected from that person’s acts under Pennsylvania law regarding domestic or family violence.

Dating violence

An act of violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the alleged victim. Whether such a relationship existed must be determined by taking into consideration the relationship’s length, type, and frequency of interaction between the persons involved in the relationship.

Stalking

Engaging in a course of conduct directed at a specific person that would cause a reasonable person to—

• Fear for his or her safety or the safety of others; or
• Suffer substantial emotional distress.

Examples of conduct qualifying as stalking include the following:

1. Following a person without proper authority, under circumstances that a reasonable person would believe demonstrate an intention to cause physical harm or emotional distress to the person being followed; and
2. Repeatedly communicating with a person under circumstances that a reasonable recipient of such communications would believe demonstrate an intention to cause physical harm or emotional distress to the recipient of such communications

Retaliation

Intimidation, threats, coercion, or other materially adverse action against a person for the purpose of interfering with any right or privilege provided by this policy, or because the individual has made a report or complaint, testified, assisted, participated, or refused to participate in any manner in an investigation, proceeding, or hearing regarding sexual misconduct allegations.

Supportive measures

Non-disciplinary, non-punitive individualized services offered—as appropriate, and if reasonably available, and without fee or charge—to the complainant or respondent before or after the filing of a formal complainant or if no formal complaint has been filed. Such measures are designed to restore or preserve equal access to York College of Pennsylvania’s education programs or activities without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the College’s educational environment, or to deter sexual harassment. “Supportive measures” may include the following:

• Counseling services;
• Changes to room assignments;
• Deadline extensions or other course-related adjustments;
• Modifications of work or class schedules;
• Campus escort services;
• Mutual restrictions on contact between the parties;
• Changes in working conditions;
• Leaves of absence;
• Increased security and monitoring of certain campus areas; and
• Other similar measures. 

York College will maintain as confidential any supportive measures provided to the complainant or respondent, to the extent that maintaining such confidentiality does not impair the College’s ability to provide supportive measures. The Title IX Coordinator is responsible for coordinating effective implementation of supportive measures.

Title IX Coordinator

The College official responsible for coordinating implementation and compliance with this policy and Title IX. Currently, the College’s Title IX Coordinator is:

Vicki Stewart
Title IX Coordinator
Manor Northeast
441 Country Club Road
York, PA 17403
Email: titleix@ycp.edu
Office: 717.815.1440

Hearing

A formal hearing before the Sexual Conduct Hearing Board. Such a hearing must comply with Part X.C of this policy.

Sexual Conduct Hearing Board or the Hearing Board

 The group of College officials selected, trained, and designated by the Vice President of Student Life to hear and decide allegations that a student or employee has violated the College’s Sexual Misconduct Policy. Each Sexual Conduct Hearing Board panel will have three members.  The Title IX Coordinator shall not serve as a member of the Sexual Conduct Hearing Board. The Sexual Conduct Hearing Board will decide whether an accused individual is responsible for violating this policy and, if so, what remedy to impose as a result. No person may serve on the Sexual Conduct Hearing Board if that person has a conflict of interest.

Sanction

Requirements imposed by the Sexual Conduct Hearing Board on a respondent found responsible for violations of the College’s Sexual Misconduct Policy. The scope of permissible sanctions is discussed at Part X.F of this policy.

Appeal Board 

The group of College officials selected, trained, and designated by the Title IX Coordinator to hear and decide appeals from decisions made by the Sexual Conduct Hearing Board. Each Appeal Board will have three members. The Title IX Coordinator shall not serve as a member of the Appeal Board. No member of the Sexual Conduct Hearing Board may serve as a member of the Appeal Board for that matter. No person may serve on an Appeal Board if that person has a conflict of interest. 

Preponderance of the evidence

Evidence demonstrating that it is more likely than not that a violation of the Sexual Misconduct Policy has occurred. The College will apply the preponderance of the evidence standard when evaluating whether a violation of the Sexual Misconduct Policy has occurred. 

Advisor

A person who assists a student or employee who is a party to an investigation or hearing regarding allegations that the Sexual Misconduct Policy has been violated. Both the complainant and the respondent are entitled to be accompanied and assisted by an advisor during any investigation or hearing regarding allegations that the Sexual Misconduct Policy has been violated. If the complainant or respondent does not have an advisor to assist during a hearing, the College will provide an advisor, free of charge. A party needing the College to provide an advisor to assist the party during the live hearing must notify the Title IX Coordinator within three days of the release of the directly-related evidence. Subject to the restrictions listed in this section below, the advisor may be anyone who the party believes will help him/her during the investigation, hearing, and appeal of allegations that the Sexual Misconduct Policy has been violated. The complainant and the respondent must notify the Title IX Coordinator of the name, phone number, and email address of their selected advisor and, if applicable, must agree to permit disclosure of the party’s FERPA-protected information for the purposes of this policy. Parties may select an attorney as an advisor. The selected advisor must comply with the rules of decorum established by the Title IX Coordinator. The Title IX Coordinator may prohibit an advisor from participating in any aspect of the grievance process under this policy if the advisor fails or has failed to comply with the rules of decorum, as judged by the Title IX Coordinator. Likewise, the Title IX Coordinator may impose additional requirements on the participation of an advisor whom the Title IX Coordinator determines has violated the Rules of Decorum, provided such requirements are designed to ensure compliance with the Rules of Decorum during a live hearing. But only the Hearing Officer has the authority to order removal of an advisor during the course of a live hearing.

The following individuals may not serve as an advisor:

1. The Title IX Coordinator;
2. Any investigator who has assisted the College in investigating the formal complaint at issue;
3. Legal counsel for the College or any party;
4. Any witness who provides information during the grievance process;
5. The Support Person for any party;
6. Any advisor to any other party at the hearing; and
7. Any other individual who the Hearing Officer determines has a conflict of interest.

Consent

A knowing and voluntary agreement to engage in specific activity at the time of the activity. To be valid, consent must be knowing, voluntary, active, present, and ongoing. Consent must also be clear and unambiguous, expressed in mutually understandable words or actions. Individuals should keep the following principles in mind: 

• Consent may be expressed verbally or nonverbally.
• Consent may be withdrawn at any time.
• An individual may consent to certain sexual activities, but not others.
• The College will consider all of the circumstances of the relationship between the parties when determining whether consent has occurred. But the fact that an individual has previously engaged in consensual sexual activities does not mean that all future sexual activities qualify as consensual.
• A person who is incapacitated is unable to consent to sexual activity.

Incapacity, incapacitated, and incapacitation 

Refer to a person who is unable to consent to sexual activity. Individuals are unable to consent to sexual activities if they are mentally incapacitated, cognitively limited, unconscious, or incapacitated due to the use of alcohol or other drugs. Likewise, an individual may be incapacitated due to the person’s age. For example, individuals who are under the age of 14 are unable to consent to sexual activity under any circumstances. Similarly, individuals who are ages 14 and 15 are unable to consent to sexual activities with individuals who are at least four years older than they are. When alcohol is involved, incapacitation is a state beyond drunkenness or mere intoxication. When drug use is involved, incapacitation is a state beyond being under the influence of or impaired by the use of the drug. Alcohol and other drugs affect each individual differently. Determining whether an individual is incapacitated requires an individualized determination. When determining whether a person has the capacity to provide consent, York College of Pennsylvania will consider whether a sober and reasonable person in the same circumstances would have known that the other party could or could not consent to sexual activity. 

Responsible College Employee

The Title IX Coordinator, the College President, the Provost, the Chief Financial Officer, Vice President of Enrollment Management, the Vice President of Campus Operations, the Vice President of Development, the Chief Information Officer, the Vice President of Student Life, the Assistant Provost of Student Success, any dean of any academic school at the College, the Assistant Dean of Athletics and Recreation, the Director of Residence Life, the Director of Human Resources, the Director of Campus Safety, the Campus Safety Sergeant, the Campus Safety Lieutenant, Campus Safety Police Officers, the Campus Safety Office Manager, the Dispatcher Supervisor, and Dispatchers.

Support Person 

A “Support Person” is someone other than an advisor whose presence provides support to a party throughout the Title IX process. Complainants and Respondents are entitled to be accompanied by one Support Person of their choosing in meetings and proceedings related to the investigation and grievance process, including hearings. By way of examples, this Support Person can be a family member, a friend, a faculty member, a staff member, or an attorney. A Support Person may,

• Provide emotional support and reassurance throughout the grievance process;
• Observe meetings, assist with clarifying the process, and take notes;
• Quietly prompt or advise a party, including requesting a break when needed; and
• Understand and maintain the privacy of the parties and witnesses as much as possible.

A Support Person, however, may not,

• Make a presentation on behalf of a party or otherwise represent a party’s interests during the grievance process, including by questioning witnesses;
• Speak for a party or answer questions on a party’s behalf;
• Advocate for a party or a party’s interests; or
• Obstruct or distract from the grievance process.

The following individuals may not serve as a Support Person:

• The Title IX coordinator;
• Any investigator who has assisted the College in investigating the formal complaint at issue; and
• Any other individual who the Hearing Officer determines has a conflict of interest.

The College prohibits any individual from engaging in sexual misconduct, including sexual harassment, sexual assault, dating violence, domestic violence, and stalking.

The College prohibits any individual from retaliating against any individual for making a report, filing a formal complaint, testifying, assisting, participating, or refusing to participate in any manner in an investigation, proceeding, or hearing regarding allegations of sexual misconduct.

1. Prohibited retaliation may include threatening to or actually filing charges against an individual alleging non-sexual misconduct violations that arise out of the same facts or circumstances as a report or complaint of alleged sexual misconduct, if such actions are undertaken to punish a person for exercising his/her rights under this policy or Title IX.
2. Nothing in this policy prohibits the College from taking disciplinary action against any individual for a materially false statement made in bad faith in a formal complaint or during an investigation, hearing, or appeal concerning allegations of violations of this policy.
   • A determination of responsibility or non-responsibility alone, however, is not sufficient to conclude that a party made a false statement in bad faith.

Allegations of violation of Part III.B are subject to the same grievance procedure as allegations of sexual misconduct under this policy.

The exercise of rights protected under the First Amendment to the United States Constitution does not constitute prohibited retaliation under Part III.B of this policy.

Any party to an informal resolution process under this policy must comply with the terms of any written agreement entered into by the parties during the informal resolution process. A party’s violation of such an agreement constitutes a violation of the College’s Sexual Misconduct Policy and Grievance Procedure and potentially other College policies.

This policy’s prohibitions apply to conduct that occurs in the College’s educational programs or activities. To occur “in the College’s educational programs or activities,” the conduct must satisfy one of the following criteria:

1. The conduct occurred on campus or on other property owned, controlled, used, or managed by the College;
2. The conduct occurred in any building owned or controlled by a student organization that is officially recognized by the College; or
3. The conduct occurred in any other location, event, or circumstance over which the College exercised substantial control over both the respondent and the context in which the conduct is alleged to have occurred.

Conduct that occurs off-campus or online is covered under this policy if the conduct meets the definition of Part IV.A.3 of this policy.

This policy’s prohibitions of sexual misconduct and retaliation apply only if the person alleged to be the victim of such conduct was located within the United States when the alleged conduct occurred.

If the conduct in question occurred in the College’s educational program or activities, this policy’s prohibition of sexual misconduct applies regardless of whether the conduct in question is directed at a member of the College community or someone outside the College community, such as a visitor, guest, vendor, or contractor.

Nothing in this policy prevents the College from taking disciplinary action against an individual under other College policies, provided that the conduct—if proven—would fall outside the scope of prohibited conduct under this policy.

A person accused of violating the Sexual Misconduct Policy is presumed to be not responsible for violating the policy, unless and until the person is found responsible through the grievance process described in Part X of this policy. The mere fact that an allegation has been made or that a formal complaint has been filed will not result in any presumption that the accused is responsible for the alleged violations. The determination regarding responsibility is made at the completion of the grievance process.

Any individual may make a good faith report alleging violation of the College’s Sexual Misconduct Policy. 

• That report may be provided to any “Responsible College Employee.”
• York College encourages all members of the College community to always lean on the side of safety when deciding whether to seek emergency help. Accordingly, a student who seeks emergency medical intervention for that student or another student will not be subject to disciplinary action based solely on the consumption of alcohol or drugs. Similarly, a student who wishes to report sexual misconduct will not be subject to discipline if the report of sexual misconduct also involves disclosing that the reporting student or the alleged victim has consumed alcohol or drugs in violation of the rules in the Student Code of Conduct or other College policies.
  1. To be eligible for this amnesty, a reporting student must remain with the person in need of medical attention until the Department of Campus Safety or emergency personnel arrive to provide emergency treatment.
  2. The student may be required to participate in a non-disciplinary, follow-up meeting with a Student Conduct Administrator as a condition for receiving amnesty from disciplinary action.
  3. Nothing in Part VI.A.2 of this policy entitles a student to amnesty from discipline for any of the following conduct:
     • The sale or distribution of a controlled substance;
     • Using drugs or alcohol to incapacitate a person for the purpose of engaging in non-consensual sexual activity;
     • Operating a vehicle while under the influence of a drug or while intoxicated;
     • Manufacturing any type of drugs on or off campus;
     • Violating the College’s prohibitions regarding weapons, explosives, and other prohibited items;
     • Physical assault;
     • Violation of the College’s sexual misconduct policy;
     • Bomb threats; or
     • Engaging in deception or dishonesty.

Any Responsible College Employee who receives an allegation of violation of Part III of this policy must directly communicate the substance of that report to the Title IX Coordinator as soon as practicable. 

• As a matter of College policy, all College employees—except those named in Part VI.B.1.(a) below—are responsible for reporting to the Title IX Coordinator any allegations that they receive suggesting that a violation of the Sexual Misconduct policy has occurred. All College employees have that responsibility, even if a College employee’s position does not fall within the definition of a “responsible College employee” under this policy. Failure to do so could result in disciplinary action, including termination of employment in appropriate circumstances.
  1. College employees in the following departments may not report allegations of violation of the Sexual Misconduct Policy, unless the alleged victim or respondent permits them to do so, or unless otherwise required by law:
     • Health Services;
     • Counseling Services; and
     • Spiritual Life.

Upon receipt of an allegation of violation of the prohibition against sexual misconduct, either the Title IX Coordinator or the complainant may sign a formal complaint requesting an investigation.  

• To file a formal complaint, the complainant must provide the Title IX Coordinator with a document that contains the complainant’s physical or digital signature, or otherwise indicates that the complainant is the person filing the formal complaint and wishes for an investigation to be conducted.
• A complainant may file a formal complaint with the Title IX Coordinator in person, by mail, or by email.

Regardless of whether a formal complaint is filed, the Title IX Coordinator must contact the complainant for the following purposes:

• To discuss the availability of supportive measures;
• To consider the alleged victim’s wishes regarding supportive measures;
• To inform the alleged victim that supportive measures are available regardless of whether a formal complaint is filed; and
• To explain to the alleged victim the process for filing a formal complaint.

• Upon receipt of a report of an alleged violation of the Sexual Misconduct Policy, the Title IX Coordinator will offer appropriate supportive measures to both the complainant and the respondent, without fee or charge to the party.
• If the Title IX Coordinator determines that a requested supportive measure is inappropriate, the Title IX Coordinator must document the reasons for denying the requested accommodation.
• Upon a finding of responsibility, the remedies and sanctions in the written determination will normally replace supportive measures that have been provided.
• Supportive measures may be continued even after a dismissal of a formal complaint or a finding of non-responsibility. A party may request continued supportive measure by submitting a written request to the Title IX Coordinator.

At any time following receipt of information suggesting that a violation of the prohibition against sexual misconduct may have occurred, the Title IX Coordinator, in consultation with the Campus Safety Director or her/his designee, may remove a respondent—entirely or partially—from the College’s education programs and activities on an emergency basis, provided that the Title IX Coordinator,

1. Has undertaken an individualized safety and risk analysis regarding the respondent,
2. Has determined that the emergency removal is justified based on an immediate threat to the physical health or safety of any member of the College community arising from the allegations of sexual misconduct, and
3. Provides the subject of the emergency removal with notice of the emergency removal decision and an opportunity to lodge an immediate challenge of the removal decision.
   1. The respondent must provide the Title IX Coordinator with written notice of such a challenge. The respondent bears the burden of demonstrating that the emergency removal decision was incorrect.
   2. The College’s Chief of Staff will decide any challenges of removal orders filed by non-student employees of the College. The College’s Vice President of Student Life will decide all other challenges of removal orders. 

After the filing of a formal complaint, the College may place a non-student employee respondent on administrative leave (with or without pay) during the pendency of an investigation, hearing, or appeal process under this policy.

Any emergency removal or administrative leave decisions may be amended or removed during the pendency of the grievance procedure described in Part X. Any emergency removal or administrative leave decision will expire upon the conclusion of the grievance procedure.

Nothing in Part VIII of this policy restricts the College’s rights under either Americans with Disabilities Act or Section 504 of the Rehabilitation Act of 1973.

Nothing in this policy restricts the College’s ability to implement or continue an emergency removal or administrative leave order (even after conclusion of the grievance process), if the reason the respondent poses an immediate threat is unrelated to the allegations of sexual misconduct.

The College will make available an informal resolution process for sexual misconduct formal complaints. That process will not involve a full investigation and adjudication. The process will only be utilized in accordance with the following restrictions:  

1. The complainant and respondent must provide voluntary, written consent to the informal process; and
2. The parties must receive written notification disclosing the following:
   1. The allegations;
   2. The requirements of the informal resolution process, including any circumstances under which a party would be precluded from resuming a formal complaint arising from the same allegations;
   3. That at any point before agreeing to a resolution, either party may withdraw from the informal process and resume the grievance process; and
   4. That documentation of any resolution agreed upon by the parties will be maintained in the College’s records for at least seven years and could become part of the parties’ permanent education or employment records.
3. If the parties come to an agreement during the informal resolution process and reduce that agreement to a writing signed by the parties, then the parties must comply with the terms of any such written agreement. Violation of the terms of any such agreement constitutes a violation of the Sexual Misconduct Policy.

The informal resolution process may not be utilized for situations involving allegations that a College employee engaged in sexual misconduct toward a student. 

To utilize the informal resolution process, both parties must provide the Title IX Coordinator with their written consent to participate no later than 15 days after receipt of the written notice of formal complaint mentioned in Part X.A.3.

Unless terminated by either party earlier, the informal resolution process must be completed within 21 days after the Title IX Coordinator receives written consent from both complainant and respondent to participate in the informal resolution process.

The College will not condition employment, enrollment, or any other right on the waiver of an adjudication under this policy.

If the complainant files a formal complaint, the Title IX Coordinator will ensure that an appropriate investigation of those allegations occurs. 

The Title IX Coordinator must sign a formal complaint and order an investigation even in the absence of a formal complaint signed by a complainant, if the Title IX Coordinator is in possession of information suggesting that a violation of the College’s prohibition against sexual misconduct may have occurred.

Upon the receipt of a signed formal complaint—or upon the Title IX Coordinator’s decision to sign a formal complaint— the Title IX Coordinator must issue a written notice to the parties who are known at that time. That notice must contain the following:

• A statement notifying the parties that an investigation of violation of the College’s Sexual Misconduct Policy has been initiated;
• A copy of the College’s Sexual Misconduct Policy and Grievance Procedure;
• A statement of the alleged conduct potentially constituting sexual misconduct with sufficient details including the following, if known at the time:
  1. The identities of the parties allegedly involved; and
  2. The date and location of the alleged incident(s);
• A statement that the respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility is made at the conclusion of the grievance process;
• A statement that the parties may utilize the services of an advisor of their choice, who may be—but is not required to be—an attorney;
• A statement that the party will be permitted to inspect and review any evidence gathered during the investigation that directly relates to the incident that is the subject of the investigation; and
• A statement that the College’s Code of Conduct prohibits any person from knowingly making a false statement or knowingly submitting false information during the investigation and grievance process.

During the investigation, both the complainant and the respondent will have an equal opportunity to present witnesses, including fact and expert witnesses, and other inculpatory or exculpatory evidence. “Inculpatory evidence” is evidence that tends to suggest that the respondent is responsible for the alleged sexual misconduct. “Exculpatory evidence” is evidence that tends to suggest that the respondent is not responsible for the alleged sexual misconduct.

The College may not restrict the ability of either the complainant or the respondent to discuss the allegations under investigation or to gather and present evidence.

The Title IX Coordinator will provide a party whose participation is invited or expected with written notice of the date, time, location, participants, and purpose of all hearings, investigative interviews, or other meetings.

• Such notice will be provided sufficiently in advance of such events to provide the party with sufficient time to prepare.

The Title IX Coordinator will provide the parties and their advisors with an opportunity to inspect and review all evidence gathered during the investigation that directly relates to the allegations in the formal complaint, including the evidence that the College does not intend to rely upon in reaching a determination regarding responsibility and regardless of whether the evidence was obtained from a party or other source.

• Some evidence gathered during an investigation might contain information normally protected from disclosure under FERPA or which is otherwise confidential. The College, therefore, will require that the parties and their advisors must sign a non-disclosure agreement as a condition for reviewing and accessing the evidence gathered during the investigation. 

If, during the course of an investigation, the Title IX Coordinator decides to investigate allegations about the complainant or the respondent that were not included in the original notice to the parties, then the Title IX Coordinator must provide notice of the additional allegations to the parties whose identities are known at that time.

The Title IX Coordinator, or her/his designee, is responsible for gathering evidence sufficient to reach a determination regarding responsibility. The parties are not responsible for gathering evidence.

Upon receipt of the directly related evidence, the parties will have ten days to submit to the Title IX Coordinator a written response, which the Title IX Coordinator will consider before completing the investigative report.

The Title IX Coordinator will create an investigative report that fairly summarizes the relevant evidence gathered during the investigation.

• The investigative report will be provided to the complainant and respondent at least ten days before any hearing occurs before the Sexual Conduct Hearing Board regarding the allegations addressed in the investigative report.
• No information regarding the complainant’s sexual predisposition or prior sexual behavior will be included in the final written report unless,
  1. Such evidence addresses the issue of whether someone other than the respondent committed the conduct alleged by the complainant, or
  2. Such evidence concerns specific incidents of the complainant’s prior sexual behavior with respect to the respondent and addresses whether respondent had consent to engage in the alleged conduct.

The Title IX Coordinator must dismiss the formal complaint if the Title IX Coordinator determines any of the following situations apply:

• The alleged conduct, even if proved, would not satisfy the definition of “sexual misconduct” or “retaliation” in this policy;
• The alleged conduct did not occur in the College’s education programs or activities; or
• The alleged conduct did not harm a person located in the United States when the alleged conduct occurred.

The Title IX Coordinator may, but is not required to, dismiss a formal complaint at any time during the investigation or hearing process, under the following circumstances:

• The complainant withdraws the formal complaint in a writing that also expresses the complainant’s desire to conclude the grievance process;
• The respondent is no longer enrolled as a student or employed by the College; or
• The Title IX Coordinator determines that specific circumstances prevent the College from gathering or presenting sufficient evidence to reach a determination regarding the allegations in the formal complaint.

Any party may file an appeal of the Title IX Coordinator’s decision to dismiss a formal complaint.

• Any such appeal must be filed, in writing, with the Title IX Coordinator within three days of the issuance of the Title IX Coordinator’s decision.
  1. The appeal may contain a written statement explaining the reasons why the appealing party believes the Title IX Coordinator’s decision should be reversed.
• The Title IX Coordinator must notify all other parties of any appeal filed challenging the Title IX Coordinator’s decision to proceed with a formal hearing or dismiss the formal complaint.
  1. All other parties may file a written statement supporting or opposing such an appeal.
     1. That written statement must be provided to the Title IX Coordinator and all other parties no later than three days of receipt of the appeal from the Title IX Coordinator.
• The basis for the appeal are the same as those listed in Part X.G.1.(a)-(c).
• If the respondent is a non-student employee, the College’s Chief of Staff will decide the appeal of the Title IX Coordinator’s dismissal decision. The Vice President of Student Life will decide all other appeals of the Title IX Coordinator’s dismissal decisions.
• The decision regarding such an appeal must be in writing and must describe the rationale for the result.
• The Title IX Coordinator will provide all parties with simultaneous notice of this appeal’s outcome.

Even if a formal complaint is dismissed in accordance with Part X.B.1 of this policy, the College may pursue discipline against the respondent for violations of other College policies arising out of the same event.

Hearing Roles

• The Sexual Conduct Hearing Board will decide formal complaints containing allegations of sexual misconduct and retaliation, unless such complaints are dismissed in accordance with Part X.B of this policy. The Sexual Conduct Hearing Board will first conduct a live hearing before deciding the formal complaint.
  1. The Hearing Board will decide both whether the respondent is responsible or not responsible for the alleged violation of the Sexual Misconduct Policy and, if responsible, what remedies or sanctions will be required.
     • These matters must be decided by a majority vote of the Hearing Board’s voting members.
  2. Hearing Board members are permitted to question witnesses in the manner that the Hearing Officer deems appropriate, provided that the Hearing Officer determines that such questions concern relevant matters.
     • If a witness or party refuses to answer a question posed by a Hearing Board member (and not prohibited by the Hearing Officer), any party to the hearing may submit a prior statement from that witness or party that addresses the topic of the question that the witness refused to answer.
     • If a complainant or respondent refuses to answer a question posed by a Hearing Board member (and not prohibited by the Hearing Officer), the Hearing Board may—but is not required to—determine that the answer to the question would be adverse to the refusing party’s position in the matter.
       1. The Hearing Board, however, may not find the respondent responsible or not responsible based solely on a witness’s refusal to answer a question.
• A Hearing Officer will preside over hearings regarding alleged violations of the Sexual Misconduct Policy. The Hearing Officer will decide procedural questions and any challenges to evidence and testimony. The Hearing Officer must exclude evidence that is irrelevant, duplicative, or is otherwise prohibited from consideration under this policy. The Hearing Officer may participate in the Sexual Conduct Hearing Board’s deliberations as a non-voting member of that board.
• The complainant, the respondent, and a representative of the College will be permitted to attend the entire hearing before the Hearing Board, other than Hearing Board deliberations. Only the Hearing Board members and the Hearing Officer may participate in those deliberations.
• Advisors
  1. The complainant, the respondent, and the College are permitted to utilize an advisor during the hearing, subject to the following restrictions:
     • A party’s advisor is subject to the College’s  Rules of Decorum for Sexual Misconduct Hearings..
     • The person selected as a party’s advisor must comply with the College’s confidentiality restrictions related to the grievance procedure. Failure to abide by those restrictions may result in additional sanctions against the party for whom the advisor is serving or against the advisor him/herself. Such sanctions against the advisor may include removal as the party’s advisor or from the live hearing, or barring the advisor from serving as an advisor in future grievance procedures.
     • The College or the Hearing Officer may impose other restrictions related to an advisor’s participation in a hearing to comply with privacy considerations under the Family Educational Rights & Privacy Act (“FERPA”), provided those restrictions apply equally to the complainant’s and the respondent’s advisors.
  2. The party’s advisor will be permitted to attend the entire hearing before the Sexual Conduct Hearing Board, other than Board deliberations, if the advisor complies with the Rules of Decorum and this policy’s confidentiality rules. The Hearing Officer may exclude from the hearing an advisor who fails to comply with the Rules of Decorum or this policy’s confidentiality rules.
  3. The Title IX Coordinator may not serve as an advisor for the complainant or the respondent.
  4. Unless the College receives advanced notice that a party intends to retain her/his own advisor, the College will assign an advisor to assist the party during the hearing.
     • Such advisor will be provided to the party at no charge to the party.
  5. If a party opts to use their own advisor, then that party must notify the Title IX Coordinator of their chosen advisor at least 15 days before the scheduled pre-hearing conference. Thereafter, a substitution of advisors will only be permitted upon a showing of good cause and lack of unfair prejudice to the other party, as determined by the Title IX Coordinator.
     • If a party fails to notify the Title IX Coordinator of the party’s chosen advisor within the deadline stated above, then the College will appoint an advisor to cross examine any witnesses at the live hearing.
     • If a complainant or respondent fails to provide the notice required by Part X.C.v of this policy, the Hearing Officer must, upon request of the Title IX Coordinator, permit the re-scheduling of the hearing to allow the College to retain an attorney or other advisor to represent its interests during the hearing.
• Support Persons
  1. The complainant and the respondent are permitted to utilize the assistance of a Support Person during the hearing, subject to the following restrictions:
     • Any Support Person must agree to comply with the Rules of Decorum for Sexual Misconduct Hearings. No Support Person may attend the hearing unless he/she signs an agreement indicating willingness to abide by the Rules of Decorum.
     • The person selected as the Support Person must also sign a non-disclosure agreement, provided by the College, to attend the hearing.
     • The College or the Hearing Officer may impose other restrictions related to a Support Person’s participation in a hearing to comply with privacy considerations under the Family Educational Rights and Privacy Act (“FERPA”), provided that any such restrictions apply equally to the complainant’s and respondent’s Support Persons.
  2. The Support Person will be permitted to attend the entire hearing before the Sexual Conduct Hearing Board, other than Board deliberations, if the Support Person complies with the Rules of Decorum, the non-disclosure agreement, the limitations in this policy, and any other conditions imposed on the Support Person by the College or the Hearing Officer. The Hearing Officer may exclude from the hearing any Support Person who fails to comply with the Rules of Decorum, the non-disclosure agreement, or any other conditions imposed on the Support Person by the College or the Hearing Officer, or the restrictions in this policy.
• The Title IX Coordinator
  1. The Title IX Coordinator represents the College during the live hearing. This may involve—among other things—questioning witnesses, ensuring that the Hearing Board understands the relevant policies and the standard of proof, making and responding to objections regarding the evidence, and providing guidance to the Hearing Officer regarding the Sexual Misconduct Policy and Grievance Procedure.
     • The Title IX Coordinator may utilize the services of a deputy or the College’s legal counsel to fulfill this role.

The Title IX Coordinator, in her/his discretion, is permitted to require that allegations of sexual misconduct or retaliation against multiple respondents are presented in a single hearing before the Sexual Conduct Board, if the Title IX Coordinator determines that the allegations against the respondents arise from the same incident. 

• The Title IX Coordinator’s decision to consolidate or not consolidate allegations against multiple respondents is not subject to appeal before the hearing. A party, however, may challenge such a decision through the appeal process provided in Part X.G of this policy, which occurs after the Hearing Board issues its decision.  

The College will create an audio or audiovisual recording or written transcript of all hearings under this policy.

• By participating in the hearing, all parties consent to the recording of their voices and image.
• The College will retain the recording or transcript for a period of at least seven years following the hearing.

Witnesses

• All parties will have equal opportunity to present fact and expert witnesses during the hearing.
  1. A complainant or respondent wishing to present a fact witness during the hearing must provide all other parties and the Title IX Coordinator with the identity and contact information of all fact witnesses that the party wishes to address the Hearing Board. That notice must be provided at least five days before the scheduled pre-hearing conference.
  2. Any party wishing to present expert witness testimony must provide all other parties and the Title IX Coordinator with notice of that intention.
     • That notice must be provided to all other parties and the Title IX Coordinator no later than five days before the scheduled date of the pre-hearing conference.
     • That notice must include,
       1. The name, telephone number, and email address of such expert witness,
       2. The curriculum vitae or resume of such expert witness (including a statement of the witness’s qualifications and all publications authored during the previous ten years),
       3. A statement of the compensation (if any) that the expert witness is receiving related to her/his testimony, and
       4. A complete statement of all opinions that the expert witness intends to offer during the hearing, the facts and data that the expert witness considered in forming those opinions, and any exhibits that the expert witness intends to use as part of her/his testimony.
     • The Hearing Officer will exclude the testimony of any  witness (fact or expert) if the required disclosures have not been provided in accordance with Part X.C.4.(a).(i) and (ii) of this policy, unless the Hearing Officer determines that,
       1. The party had good cause for failing to provide the required disclosures, and
       2. The other parties to the hearing will not be unfairly prejudiced due to the failure of the party to comply with the expert disclosure requirements.
• The Hearing Officer may require a party to provide an explanation regarding the expected statement of any witness before that witness is permitted to address the Hearing Board.
  1. The Hearing Officer will exclude any witness from addressing the Hearing Board or limit the scope of that witness’s statement if the Hearing Officer determines that the proposed statement (or any portion of the proposed statement) is irrelevant.
  2. The Hearing Officer will not exclude any witness from testifying regarding a matter relevant to the issue under consideration. But if the probative value of the witness’s proposed testimony would be outweighed by the dangers of unfair prejudice, confusion of the issues, or misleading the Hearing Board, the Hearing Officer may take any or all of the following actions:
     • Instruct the Hearing Board to consider the evidence only for its relevant purpose;
     • Instruct the Hearing Board to evaluate objectively whether that evidence warrants a high-level or low-level of weight or credibility;
     • Require the introduction of evidence sufficient to establish the relevant purpose of the witness’s statement; and
     • Place reasonable limits on the timing of the presentation of the witness’s statement to ensure that it is considered only for a relevant purpose.
       1. For example, a witness’s statement that is relevant only to the issue of what remedy should be imposed should not be presented to the Hearing Board unless and until the Hearing Board finds that the respondent is responsible for the allegations.
• The Hearing Officer must instruct a witness not to answer a question if the Hearing Officer determines that the question is irrelevant or would violate the Rape Shield rules.
• The Hearing Officer may exclude testimony that would involve the needless presentation of cumulative evidence.

Witnesses who address the Hearing Board at the hearing are subject to direct and cross examination.

• No party, however, may cross examine any witness. Instead, any cross examination of a witness must be conducted by that party’s advisor, never the party herself/himself.
• Each party’s advisor will have the right to conduct appropriate direct examination and cross examination of any witness who addresses the Hearing Board.
  1. The party’s advisor will be permitted to conduct such examinations (and any necessary follow up questions) orally and in real time.
  2. Only questions regarding relevant topics are appropriate for cross examination.
  3. Appropriate cross examination includes questions challenging a party’s or witness’s credibility.
  4. Cross examination that is harassing, intimidating, or abusive is prohibited. The Hearing Officer is empowered to make determinations regarding whether cross examination is harassing, intimidating, or abusive.

Witnesses must provide honest statements to the Hearing Board. Any witness who knowingly provides a false statement to the Hearing Board is subject to discipline by the College. 

Evidentiary Rules

• Standard of Proof: 

  The Preponderance of Evidence In all hearings related to allegations of violation of the Sexual Misconduct Policy, the Sexual Conduct Hearing Board will apply a preponderance of the evidence standard. That means that a respondent will not be found responsible for violating the Sexual Misconduct Policy unless the College demonstrates that it is more likely than not that the respondent violated the Sexual Misconduct Policy.

• Burden of Proof 

  The College bears the burden of demonstrating that the respondent is responsible for violating the Sexual Misconduct Policy. The respondent is not required to prove non-responsibility, and the complainant is not responsible for proving responsibility. The College must demonstrate that the respondent is responsible in order to impose sanctions for violation of the Sexual Misconduct Policy.

• Only relevant evidence may be presented to the Hearing Board.
  1. Evidence is relevant if,
     • The evidence has any tendency to make a fact more or less likely to have occurred than it would without the evidence; and
     • That fact, if proven, would,
       1. Make it more or less likely that the respondent is responsible for violating the Sexual Misconduct Policy, or
       2. Demonstrate the appropriate remedy (if any) to be imposed for the alleged violation of the Sexual Misconduct Policy.
• Evidence or questions that are repetitive, duplicative, or unnecessarily cumulative are not relevant. The Hearing Officer may deem irrelevant questions or evidence that are duplicative,  repetitive, or unnecessarily cumulative.

The Hearing Officer must exclude from the Hearing Board’s consideration any irrelevant evidence.

The Hearing Officer may not exclude evidence that is relevant to the issue under consideration. As a result, evidence of a party’s character or prior bad acts may not be excluded if that evidence is relevant. But if the probative value of any evidence is substantially outweighed by the dangers of unfair prejudice, confusion of the issues, or misleading the Hearing Board, the Hearing Officer may take any or all of the following actions: 

• Instruct the Hearing Board to consider the evidence only for its relevant purpose;
• Instruct the Hearing Board to evaluate objectively whether that evidence warrants a high-level or low-level of weight or credibility;
• Require that the proponent of such evidence introduce evidence establishing the evidence’s relevant purpose; and
• Place reasonable limits on the timing of the presentation of evidence to ensure that it is considered only for a relevant purpose.
  1. For example, evidence that is relevant only to the issue of what remedy should be imposed should not be presented to the Hearing Board unless and until the Hearing Board finds that the respondent is responsible for the allegations.   

In reaching a decision regarding responsibility, the Hearing Board may rely on any statement of a party or witness that is relevant, regardless of whether that party or witness submits to cross examination at the live hearing. 

• The Hearing Board may take into account that a statement was made outside the live hearing in deciding what level of weight or credibility to assign that prior statement.
• The Hearing Board, however, must not draw an inference about the determination regarding responsibility based solely on a party’s or witness’s absence from the live hearing or refusal to answer cross examination or other questions.

Rape Shield Rules

• Questions and evidence about the complainant’s sexual predisposition or prior sexual behavior are not relevant unless,
  1. Such questions and evidence are offered to prove that someone other than the respondent committed the conduct alleged by the complainant, or
  2. Such questions and evidence concern specific incidents of the complainant’s prior sexual behavior with respect to the respondent and are offered to prove consent.
• The Hearing Board may not base credibility determinations solely upon a person’s status as a complainant, a respondent, or a witness.
• The Hearing Officer will not permit questions or evidence that contain or seek disclosure of information protected under a legally recognized privilege, unless the person holding that privilege has waived it.

The Hearing Officer is entitled to conduct a “pre-hearing conference” with the parties and their advisors. The purpose of such a conference is to discuss the evidence each party proposes to utilize during the hearing, identify any agreed-upon or disputed factual issues, and, to the extent permissible, address issues related to the evidence that will be presented during the hearing. To facilitate that, the Hearing Officer may request that the parties provide an outline of the evidence they intend to present during the hearing, which might include requiring a party to provide an outline of the subject matters regarding which the party intends to question or cross examine a party or witness.

• Parties should be prepared at the pre-hearing conference to raise any objections to the evidence contained in the Title IX Coordinator’s Investigative Report and to make an offer of proof regarding any additional evidence that the party intends to present during the live hearing.
  1. Any such objections must be directed to a specific evidentiary item or class of evidence. Blanket objections to all evidence or to broad categories of evidence will be rejected for lack of specificity.

Scope of the Live Hearing Evidence

• The parties are not permitted to present duplicative or unnecessarily cumulative evidence. Thus, the presentation of evidence at the live hearing will be limited to relevant evidence not already provided to the Hearing Board.
  1. The Hearing Officer may exclude from the live hearing evidence determined to be duplicative or unnecessarily cumulative.
     • Members of the Hearing Board, however, may request to hear from a witness excluded by the Hearing Officer as duplicative or unnecessarily cumulative. The Hearing Board will be permitted to question such a witness, provided that the Hearing Officer determines that the Hearing Board’s questions of such witnesses are relevant.

Virtual Hearings

• At the request of the complainant or the respondent, the College will conduct the hearing with the parties located in separate rooms.
• Any technology that the College utilizes to conduct hearings in this manner must enable the Hearing Board, Hearing Officer, the parties and their advisors (if any) to simultaneously see and hear the party or witness answering questions. 

Hearing Board’s Findings

• The Hearing Board must issue a written decision regarding whether the respondent is responsible for the alleged violations of the Sexual Misconduct Policy. The written decision must include the following:
  1. A description of the allegations that could potentially constitute a violation of the Sexual Misconduct Policy;
  2. A description of the procedural steps taken from the receipt of the formal complaint through the determination, including any notifications to the parties, interviews with parties and witnesses, site visits, methods used to gather other evidence, and hearings held;
  3. The Hearing Board’s factual findings supporting its determination;
  4. Conclusions regarding the application of the Hearing Board’s factual findings to the relevant definitions of “sexual misconduct” or “retaliation” in this policy; and
  5. A statement of, and rationale for, the result as to each allegation, including the following:
     • A determination of responsibility or non-responsibility regarding each alleged violation of the Sexual Misconduct Policy;
     • Any disciplinary sanctions the Hearing Board decides to impose on the respondent and whether remedies designed to restore or preserve equal access to the College’s educational programs or activities will be provided to the complainant; and
     • The procedures and permissible bases for the complainant and respondent to appeal.
• The Hearing Board’s decision must be issued within five days of conclusion of the hearing, unless extenuating circumstances require additional time and the Hearing Officer notifies the Title IX Coordinator, complainant, and respondent of the need for additional time.
• The Title IX Coordinator will ensure that the written determination is provided to the parties simultaneously.
• If an appeal is filed, the determination regarding responsibility becomes final on the date that the Title IX Coordinator provides the parties with the written determination of the result of the appeal, unless that appeal decision requires that a new hearing be held, that the evidentiary record must be re-opened, or some other action must be completed before a final decision can be rendered. If no appeal is filed, the Hearing Board’s decision becomes final within three days after the Hearing Board’s written determination is provided to the parties.

• If a respondent is found responsible for any violation of the Sexual Misconduct Policy, any remedy or sanction imposed through the grievance process must be designed to restore or preserve the complainant’s equal access to the College’s education programs and activities. Any such remedy may include any of the supportive measures listed in Part II.R of this policy.
• If the respondent is a student and is found responsible for violating the Sexual Misconduct Policy, the student may receive a sanction in the form of a written warning, loss of privileges, no-contact directive, mandatory training, mandated counseling, other educational sanctions, disciplinary probation, suspension, expulsion, restitution, or any combination of these.
• If the respondent is a non-student employee and is found responsible for violating the Sexual Misconduct Policy, the respondent may receive a written reprimand, final written warning, change in work assignment, demotion, loss of privileges, no-contact directive, mandatory training, mandatory counseling, suspension (with or without pay), termination of employment, non-renewal of employment agreement, restitution, or any combination of these. When the respondent is a tenured faculty member who is found responsible for a violation of this policy, the Hearing Board may not order termination of employment or non-renewal of an employment agreement. The Hearing Board, however, may recommend termination of employment or non-renewal of a tenured faculty member’s employment agreement. If the Hearing Board issues such a recommendation, the ultimate decision regarding whether to terminate employment or refrain from renewing the tenured faculty member’s employment agreement will be made in accordance with the dismissal or grievance procedure in the Faculty Handbook.
• The Hearing Board may take into account any previous violations of the Student Code of Conduct, the Sexual Misconduct Policy, or any other College policy or procedure when determining the appropriate remedy to impose.
• If a respondent is found responsible for violation of this policy, the Title IX Coordinator will make a recommendation of the sanction, if any, to be imposed. That said, the Hearing Board determines the sanction to be imposed and may reject, accept, or alter the sanction recommended by the Title IX Coordinator.
• The Title IX Coordinator is responsible for ensuring implementation of any remedies ordered.
  1. No punitive measures may be implemented against a respondent until a final determination has been made. 

Any party may file an appeal of the Hearing Board’s decision on any or all of the following basis:

• Procedural irregularity that affected the outcome of the matter;
• New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made and which could affect the outcome of the matter;
• The Title IX Coordinator, the investigator, or the members of the Sexual Conduct Hearing Board had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that affected the matter’s outcome; and
• The Board’s remedies decision, if any, was inappropriate.

Any such appeal must be filed, in writing, with the Title IX Coordinator within three days of the issuance of the Hearing Board’s written decision.

The party appealing the Hearing Board’s decision may submit a written statement explaining the reasons why the appealing party is challenging the Hearing Board’s decision. That written statement must be provided to the Title IX Coordinator within seven days of the issuance of the Hearing Board’s written decision.

The Title IX Coordinator must notify all other parties of any appeal filed challenging a Hearing Board’s decision and must provide the other parties with the appealing party’s statement in support of appeal, if any.

• All other parties may file a written statement supporting or opposing the appeal or hearing outcome.
  1. That written statement must be provided to the Title IX Coordinator and all other parties no later than 10 days of receipt of the issuance of the Hearing Board’s written decision. 

The Appeal Board will decide any appeal challenging a Hearing Board’s decision.

• The Appeal Board must issue a written decision explaining the rationale for the result.
• That written decision must be provided to the parties and the Title IX Coordinator within five days of expiration of the period in Part X.G.4.(a).(i) for submitting statements in support of, or opposition to, the appeal.

The Title IX Coordinator will simultaneously provide all parties with the written decision regarding the appeal.  

Hearings before the Sexual Conduct Board will be conducted in private. 

The College may not access, consider, disclose, or otherwise use a party’s records that are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in the professional’s or paraprofessional’s capacity or assisting in that capacity, if the records are made and maintained in connection with the provision of treatment to the party.

• If the party provides voluntary, written consent, then the College may access, consider, disclose, or otherwise use a party’s confidential treatment records during the grievance process.

If the Hearing Officer is not a College official, the Hearing Officer must follow the same confidentiality restrictions as College employees.

All College officials involved in any aspect of the grievance process (reporting allegations, filing of formal complaints, investigations of formal complaints, implementation of emergency removals or supportive measures, hearings, or appeals) are subject to the following confidentiality rules:

• The identity of the following individuals must be kept confidential:
  1. Any individual who has made a report or complaint of sexual misconduct;
  2. Any alleged victim of sexual misconduct;
  3. Any individual who is alleged to be the perpetrator of sexual misconduct;
  4. Any respondent; and
  5. Any witness.
• Notwithstanding these restrictions, the identities of the individuals mentioned in Part XI.D.1.(a)-(d) may be disclosed if,
  1. Such disclosure is permitted under FERPA,
  2. Such disclosure is required by law,
  3. Such disclosure is necessary to conduct any investigation, hearing, or appeal under this policy,
  4. Such disclosure is necessary to implement a supportive measure,
  5. Such disclosure is necessary to implement an emergency removal or administrative leave as permitted by this policy, or
  6. Such disclosure is necessary to implement a remedy or sanction for violation of this policy.

Notwithstanding the above, York College will not restrict the ability of the parties to obtain and present evidence. Specifically, the parties are always permitted to speak with witnesses, consult with their family members, consult with confidential resources, consult with their advisor or support person, or otherwise prepare for or participate in the Title IX grievance procedures. The parties, however, are prohibited from engaging in retaliation, including against witnesses.

Conflicts of Interest 

1. No person may serve as the Title IX Coordinator, an investigator, the Hearing Officer, a member of the Hearing Board or Appeal Board, or as a facilitator for the informal resolution process if that person has a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent in the particular matter.

Training

• The College will ensure that the Title IX Coordinator and any   investigator, Hearing Officer, Hearing Board or Appeal Board member, and facilitator of the informal resolution process receive training on the following topics:
  1. The definition of sexual harassment in this policy, including the College’s definition of “consent”;
  2. The preponderance of the evidence standard;
  3. The presumption of non-responsibility;
  4. Confidentiality rules under this policy;
  5. The scope of the College’s education programs and activities;
  6. How an appropriate investigation is conducted;
  7. The College’s Sexual Misconduct Policy and Grievance Process, including the College’s processes regarding,
     • Hearings,
     • Appeals, and
     • The informal resolution process
  8. The scope of potential remedies for violations of the Sexual Misconduct Policy;
  9. Available supportive measures; and
  10. How to serve impartially, including the importance of avoiding prejudgment of the facts, conflicts of interest, and bias.
• The College will ensure that any Hearing Officer, the Title IX Coordinator, and the members of the Hearing Board and Appeal Board receive training regarding the following topics:
  1. Any technology used at a live hearing;
  2. Relevant questions and evidence; and
  3. The Rape Shield Rules.
• The College will ensure that the Title IX Coordinator and any  investigator receive training regarding how an appropriate investigation is conducted and responsibilities associated with the creation of an investigative report that fairly summarizes the relevant evidence.
• No training provided in accordance with Part XII.B of this policy will rely on sex stereotypes.
• All training provided in accordance with Part XII.B of this policy must promote impartial investigations and adjudications of formal complaints.

Record Keeping

• The College must maintain the following records for a period of seven years:
  1. Each allegation of violation of the Sexual Misconduct Policy, including any determination regarding responsibility, the recording or transcript of any hearings, any disciplinary sanctions imposed on the respondent, and any remedies provided to the complainant designed to restore or preserve equal access to the College’s education programs and activities;
  2. Any appeals filed under this policy and the written decisions regarding those appeals;
  3. Any informal resolution process and the result of such informal resolution process;
  4. Documentation of any actions the College takes in response to a report or formal complaint of sexual misconduct or retaliation, which must include the following:
     • Any supportive measures provided;
     • Measures that the College has taken to restore or preserve equal access to its education program or activity; and
     • The basis for the College’s determination that its response was not deliberately indifferent.
  5. If the College does not provide the complainant with supportive measures, the College must document the reasons why its response to the complaint or report was not clearly unreasonable in light of the known circumstances.
  6. All non-privileged materials used to train the Title IX Coordinator, investigators, members of the Sexual Conduct Hearing Board, the Appeal Board, and the Hearing Officer will be posted on the College’s website.

Singular/Plural

• When required by the context, use of the singular in this policy also refers to the plural. Likewise, reference to the plural refers to the singular.  

Deadlines for Completing Process

• The initial notice to the parties will be provided no later than three days after the formal complaint is filed.
• The disclosure of the evidence gathered during the investigation will be provided to the parties no later than 45 days after the formal complaint is filed.
• The Title IX Coordinator’s investigative report will be provided to the parties no later than 60 days after the formal complaint is filed.
• The live hearing, if any, will occur no later than 75 days after the formal complaint is filed.
• The written decision of the Sexual Conduct Hearing Board will be issued no later than 80 days after the formal complaint is filed.
• The written decision regarding any appeal will be issued within 100 days after the filing of the formal complaint.
• The entire grievance process will conclude within 100 days after the filing of the formal complaint.
• Any time related to the informal resolution process will not count toward any deadline in Part XII.E of this policy.
• Weekends, holidays, and days when the College is closed do not count as “days” in the calculation of the deadlines in this policy.
• If any deadline in this policy falls on a Saturday, Sunday, or recognized College holiday, or if the College is closed due to unforeseen circumstances, then the deadline for compliance will be the next business day that the College is open.

Extensions of Time

• If feasible, the Title IX Coordinator will work with the Hearing Board members, the parties, their advisors, the Hearing Officer, and any witnesses to arrange for a mutually convenient time for conducting the hearing.
• Extensions of time and requests to reschedule or delay hearings must be directed to the Title IX Coordinator. No such requests, however, will be granted absent a demonstration of good cause. The Title IX Coordinator is the sole person entitled to grant extensions of time or continuances of scheduled hearings. The Title Coordinator’s decision to grant or deny such an extension or continuance is not subject to appeal through the appeal process outlined in Part X.B of this policy.
  1. Good cause may include considerations such as,
     1. The absence of a party, the party’s advisor, or a witness,
     2. Concurrent law enforcement activity,
     3. The filing of an appeal of a dismissal decision,
     4. The need for foreign language assistance, or
     5. Disability-related accommodations.
  2. A party’s decision to change advisors, standing alone, does not constitute good cause to justify an extension of a deadline or to permit a continuance.

Any individual involved in the Sexual Misconduct Policy’s grievance process must notify the Title IX Coordinator if that person is need of a disability-related accommodation during this process. The Title IX Coordinator will be responsible for determining what, if any, such accommodations are reasonable and for ensuring that reasonable accommodations are implemented. The Title IX Coordinator is permitted to consult with other College officials—including the College’s Office of Accessibility Services and the College’s Director of Human Resources—and the College’s legal counsel regarding disability-related accommodations during the grievance process.

Nothing in this policy is designed to inhibit any party’s rights under Title IX of the Educational Amendments Act, the Pennsylvania Human Relations Act, the Pennsylvania Fair Educational Opportunities Act, or any other similar federal, state, or local law. To the extent there is any conflict between these laws and this policy, those legal requirements prevail and must be adhered to.

The College retains the authority to amend this policy at any time, and without previous notice, in order to ensure compliance with legal requirements or for any other reason.

Unless this policy specifically says otherwise, any question of interpretation or application of this policy will be referred to the Title IX Coordinator, or his or her designee, for final interpretation.

The Title IX Coordinator should typically review this policy annually in collaboration with Chief of the Campus Safety Department, the Office of Student Development and Campus Life, the Office of Student Accessibility Services, the College’s legal counsel, and any other College officials whose participation the Title IX Coordinator deems necessary and appropriate.

The following definitions apply to the use of these terms in this policy:

• College: Means York College of Pennsylvania (“York College”).
• Student: means a person who has gained admission to the College.
• Faculty Member: Any individual hired by the College to conduct teaching activities or whom the College otherwise considers a member of the faculty. For the purpose of this policy, the term “faculty” does not include any individual who would qualify for the definition of a student.
• College official: Includes any individual employed by the College, performing assigned administrative or professional responsibilities.
• College property: Includes all land, buildings, facilities, and other property in the possession of or owned, leased, used, or controlled by the College (including adjacent streets and sidewalks).
• Complainant: An individual alleged to be the victim of conduct that could constitute sex discrimination, as that term is defined in this policy.
• Respondent: An individual who has been reported to be the perpetrator of conduct that could constitute sex discrimination covered under this policy.
• Complaint: An oral or written request to the College that can be objectively understood as a request for the College to investigate and make a determination about alleged discrimination under this policy.
• Sex discrimination: Discrimination on the basis of sex under the College’s operations, which causes more than a minimal level of harm. As stated above, the College prohibits sex discrimination in all of its operations. Sex discrimination prohibited by the College includes discrimination on the basis of gender, sex stereotypes, sex characteristics, pregnancy or related conditions, parental or marital status, sexual orientation, or gender identity.
• Pregnancy-or related conditions: Means (1) pregnancy, childbirth, termination of pregnancy, or lactation; (2) medical conditions related to pregnancy, childbirth, termination of pregnancy, or lactation; or (3) recovery from pregnancy, childbirth, termination of pregnancy, or lactation.
• Under the College’s operations: This policy’s prohibition against sex discrimination applies to all sex discrimination occurring under the College’s operations. Conduct that occurs “under the College’s operations” includes, (1) all conduct that occurs on campus or on any other College property or other property owned, controlled, managed, or used by the College, (2) conduct occurring in any building owned or controlled by a student organization that is officially recognized by the College, and (3) conduct that is subject to the College’s disciplinary authority. Conduct may be covered by this policy even when some conduct alleged to be contributing to a hostile environment occurred outside the College’s education programs or activities, provided that the conduct that did not occur under the College’s education programs or activities contributes to an alleged sex-based hostile environment under the College’s operations.
• Sex-based harassment: A form of sex discrimination, which means sexual harassment and other harassment on the basis of sex (including harassment on the basis of pregnancy or related conditions, sexual orientation, and gender identity) if it is “quid pro quo harassment,” “hostile environment harassment,” “sexual assault,” “dating violence,” “domestic violence” and “stalking,” as those terms are defined in this policy.
• Quid pro quo harassment: A College employee, agent, or other person authorized by the College to provide an aid, benefit, or service under the College’s operations, explicitly or implicitly conditions the provision of such an aid, benefit, or service on the individual’s participation in unwelcome sexual conduct.
• Hostile environment harassment: Unwelcome sex-based conduct that, based on the totality of the circumstances, is subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from the College’s operations. Whether a hostile environment has been created is a fact-specific inquiry that includes consideration of the following:
  • The degree to which the conduct affected the complainant’s ability to access the College’s operations;
  • The type, frequency, or duration of the conduct;
  • The parties’ ages, roles within the College’s operations, previous interactions, and other factors about each party that may be relevant to evaluating the effects of the conduct;
  • The location of the conduct and the context in which the conduct occurred; and
  • Other sex-based harassment in the College’s operations.
• Sexual assault:
  • Any intentional anal or vaginal penetration of another against that person’s will or without that person’s consent;
  • Any intentional oral penetration of another by a sexual organ against that person’s will or without that person’s consent;
  • Any insertion of another’s genitals into another’s mouth, anus, or vagina against that person’s will or without that person’s consent;
  • Any attempt to make or the making of physical contact with another for the purpose of sexual gratification, against that person’s will or without that person’s consent; or
  • The use of physical force, coercion, intentional impairment, or threat of harm to commit any of these acts.
• Coercion: Occurs when a sexual initiator engages in sexually pressuring or oppressive behavior that causes the behavior’s target to engage in unwanted sexual behavior.
• Domestic violence: A felony or misdemeanor crime committed by a person who,
  • Is a current or former spouse or intimate partner of the victim under Pennsylvania’s family or domestic violence laws;
  • Is similarly situated to a spouse of the victim;
  • Shares a child in common with the victim;
  • Is cohabitating with or has cohabitated with the victim as a spouse or intimate partner; or
  • Commits acts against a youth or adult victim who is protected from those acts under the family or domestic violence laws of the jurisdiction where the actions take place.
• Dating violence: Violence committed by a person,
• Who is or has been in a social relationship of a romantic or intimate nature with the alleged victim; and
• Whether such relationship existed must be determined by taking into consideration the following factors:
  • The relationship’s length;
  • The relationship’s type; and
  • The frequency of interaction between the persons involved in the relationship.
• Stalking: Engaging in a course of conduct directed at a specific person that would cause a reasonable person to,
  • Fear for his or her safety or the safety of others; or
  • Suffer substantial emotional distress. 

Examples of conduct qualifying as stalking include,

• Following a person without proper authority, under circumstances that a reasonable person would believe demonstrate an intention to cause physical harm or emotional distress to the person being followed; and
• Repeatedly communicating with a person under circumstances that a reasonable recipient of such communications would believe demonstrate an intention to cause physical harm or emotional distress to the recipient of such communications.

• Retaliation: Intimidation, threats, coercion, or discrimination against any person by the College, a student, or an employee or other person authorized by the College to provide an aid, benefit, or service under the College’s operations, for the purpose of interfering with any right or privilege provided by this policy, or because the individual has made a report or complaint, testified, assisted, participated, or refused to participate in any manner in an investigation, proceeding, or hearing regarding sex discrimination allegations, which includes participation in this policy’s grievance procedures and informal resolution process.
• Supportive measures: Non-disciplinary, non-punitive individualized services offered—as appropriate, and if reasonably available, and without fee or charge— to the complainant or respondent before or after a complaint has been received by the College or if no complaint has been provided. Such measures are designed to restore or preserve equal access to the College’s operations and to provide support during the grievance procedures described in this policy. “Supportive measures” may include the following:
  • Counseling services;
  • Deadline extensions or other course-related adjustments;
  • Modifications of schedules for work, class, or extracurricular or other activity, regardless of whether there is or is not a comparable alternative;
  • Campus escort services;
  • Restrictions on contact applied to one or more parties;
  • Changes in working conditions;
  • Changes in housing;
  • Leaves of absence;
  • Increased security and monitoring of certain campus areas;
  • Training and education programs related to sex-based harassment; and
  • Other similar measures.

The College will maintain as confidential any supportive measures provided to the complainant or respondent, to the extent that maintaining such confidentiality would not impair the College’s ability to provide supportive measures. The Title IX Coordinator is responsible for coordinating effective implementation of supportive measures under this policy.

• Title IX Coordinator: The College official responsible for coordinating implementation and compliance with this policy and Title IX. Currently, the College’s Title IX Coordinator is:

Vicki Stewart
Title IX Coordinator
Manor Northeast
441 Country Club Road
York, PA 17403
Email: titleix@ycp.edu
Office: 717.815.1440

The Title IX Coordinator, any Deputy Title IX Coordinators, and the Title IX Investigator are all permitted to serve as the investigator for allegations of violation of this policy. The Title IX Coordinator, however, also has the authority to delegate such tasks, including to the College’s legal counsel, when the College deems that necessary and appropriate. Likewise, if the Title IX Coordinator has a conflict of interest or prohibited bias in a particular matter, then the College may appoint an Interim Deputy Title IX Coordinator for that particular matter. In that situation, all references to the Title IX Coordinator in this policy refer to the Interim Deputy Title IX Coordinator with respect to the particular matter for which the Interim Deputy Title IX Coordinator has been appointed.

• Confidential employees: Means the following. First, an employee of the College whose communications are privileged or confidential under federal or state law. The employee’s confidential status, for purposes of this part, is only with respect to information received while the employee is functioning within the scope of their duties to which privilege or confidentiality applies. Second, an employee whom the College has designated as confidential under this policy for the purpose of providing services to persons related to sex discrimination. If the employee also has a duty not associated with providing those services, the employee’s confidential status is only with respect to information received about sex discrimination in connection with providing those services. Third, a College employee who is conducting an Institutional Review Board-approved human-subjects study designed to gather information about sex discrimination—but the employee’s confidential status is only with respect to information received while conducting the study. The following classes of College employees are considered “confidential employees” for the purposes of this policy: Health Services; Counseling Services; and Spiritual Life.

• Adjudicator: The person or body responsible for making the decision regarding whether the respondent is responsible or not responsible for violating this policy. The Title IX Coordinator may serve as the adjudicator and the adjudicator may be the same person who investigates the allegation of Supplemental sex discrimination, unless the Title IX Coordinator or investigator has a prohibited conflict of interest or bias that would prevent him/her/them from serving in an impartial manner. The Title IX Coordinator may also appoint another person to serve as the adjudicator or investigator of alleged violations of this policy, including an attorney for the College, provided that the selected person does not have a conflict of interest or bias that would prevent him/her/them from serving in an impartial manner.

• Disciplinary Sanction or Remedy: Requirements imposed on a respondent found responsible for violating this policy. Any such sanction or remedy imposed through the grievance procedures in this policy must be designed to restore or preserve the complainant’s equal access to the College’s operations and may include supportive measures. The scope of permissible sanctions or remedies are discussed later in this policy.

• Appeal Board: The group of College officials selected, trained, and designated by the Title IX Coordinator to hear and decide appeals from decisions made by the adjudicator regarding complaints involving allegations of violation of this policy. Each Appeal Board will have three members. The Title IX Coordinator shall not serve as a member of the Appeal Board, nor shall the investigator or the adjudicator. 

• Informal Resolution Officer: Means the person appointed by the Title IX Coordinator to facilitate the informal resolution process. Any person designated as an informal resolution officer must be appropriately trained regarding the informal resolution process’s rules and practices, how to serve impartially, including by avoiding conflicts of interest and bias. Likewise, no person may serve as an informal resolution officer if that person has a conflict of interest or bias for or against complainants or respondents generally or an individual complainant or respondent.

• Preponderance of the Evidence: Evidence demonstrating that it is more likely than not that a violation of this policy has occurred. The College will apply the preponderance of the evidence standard when evaluating whether a violation of this policy has occurred. 

• Advisor: A person who assists a student or employee who is a party to a grievance procedure in this policy. Both the complainant and the respondent are entitled to be accompanied and assisted by an advisor during any investigation or meeting regarding allegations of sex discrimination under this policy when the allegations involve a student as either the complainant or the respondent. Advisors, however, are not permitted to speak directly on behalf of a party during any meeting conducted pursuant to this policy. Subject to the restrictions listed in this section below, the advisor may be anyone who the party believes will help him/her/them during the investigation, and appeal of allegations of sex-based harassment involving a student. By having an advisor accompany a party to a meeting conducted under this policy, that party is authorizing the College to disclose that party’s FERPA-protected information to the selected advisor for the purposes of this policy. Parties may select an attorney as an advisor. The parties, however, must provide advanced notice to the Title IX Coordinator regarding the participation of any attorney-advisor. That way, the College will be able to determine whether to have its own legal counsel participate in any investigation or meeting during which one or more of the parties have opted to use an attorney as their advisor. The party’s selected advisor must abide by the rules of any meeting set by the investigator, informal resolution officer, or adjudicator. The Title IX Coordinator may prohibit an advisor from participating in any aspect of the grievance process under this policy if the advisor fails or has failed to comply with the Rules of Decorum or the restrictions on advisor participation, as judged by the Title IX Coordinator. Likewise, the Title IX Coordinator may impose additional requirements on the participation of an advisor whom the Title IX Coordinator determines has violated the Rules of Decorum, provided such requirements are designed to ensure compliance with the Rules of Decorum. Likewise, an adjudicator or informal resolution officer may order the removal of an advisor during the course of any meeting conducted by the adjudicator or informal resolution officer in accordance with this policy upon a finding that the advisor has failed to comply with the Rules of Decorum. The College will not provide an advisor for any party who does not have an advisor. The parties are responsible for obtaining their own advisors for grievance procedures under this policy.

The following individuals may not serve as an advisor:

1. The Title IX Coordinator;
2. Any investigator who has assisted the College in investigating the complaint at issue;
3. Any informal resolution officer who has assisted the College during the grievance process related to the complaint at issue;
4. Legal counsel for the College;
5. Any witness who provides information during the grievance process related to the complaint at issue;
6. Any support person for any party to the complaint at issue;
7. The adjudicator for the complaint at issue;
8. Members of the Appeal Board; and
9. Any other individual whom the Title IX Coordinator, the adjudicator, the informal resolution officer, or Appeal Board determines has a conflict of interest or bias.

• Support Person: A person, other than an advisor, whose presence provides support to a party throughout the grievance procedure discussed in this policy. Complainants and respondents are entitled to be accompanied by one support person of their choosing in meetings and other proceedings related to the investigation and grievance procedures under this policy. Witnesses are not entitled to be accompanied by a support person, although the investigator or adjudicator may permit a witness to be accompanied by a support person upon a showing of good cause. By way of examples, the support person may be a family member, a friend, a faculty member, a staff member, or an attorney. The following may not serve as a support person: the Title IX Coordinator; the investigator; the adjudicator; or any other individual who the adjudicator or investigator determines has a conflict of interest. A support person may do any of the following: provide emotional support and reassurance throughout the grievance procedures; observe meetings; assist with clarifying the grievance procedures; take notes; and quietly prompt or advise a party to request a break in the proceedings when necessary. A support person must understand and maintain the privacy of the parties and witnesses as much as possible and will be required to execute a non-disclosure agreement as a condition of their participation in the grievance procedures. A support person may not engage in any of the following conduct: make a presentation on behalf of a party or otherwise represent a party’s interest during the grievance process, including by questioning witnesses; speak for a party or answer questions on a party’s behalf; advocate for a party or a party’s interest; or obstruct or distract from the grievance process. Support persons must also comply with the Rules of Decorum. 

• Consent: A knowing and voluntary agreement to engage in specific activity at the time of the activity. To be valid, consent must be knowing, voluntary, active, present, and ongoing. Consent must also be clear and unambiguous, expressed in mutually understandable words or actions. Individuals should keep the following principles in mind:

1. Consent may be expressed verbally or nonverbally.
2. Consent may be withdrawn at any time.
3. An individual may consent to certain sexual activities, but not others.
4. The College will consider all relevant circumstances of the relationship between the parties when determining whether consent has occurred. But the fact that an individual has previously engaged in consensual sexual activities does not mean that all future sexual activities automatically qualify as consensual.

5. A person who is incapacitated is unable to consent to sexual activity.

    

• Incapacity, incapacitated, and incapacitation: These terms refer to a person who is unable to consent to sexual activity. Individuals are unable to consent to sexual activity if they are mentally incapacitated, cognitively limited, unconscious, or incapacitated due to the use of alcohol or other drugs. Likewise, an individual may be incapacitated due to the person’s age. For example, individuals who are under the age of 14 are unable to consent to sexual activity under any circumstances. Similarly, individuals who are ages 14 and 15 are unable to consent to sexual activities with individuals who are at least four years older than they are. When alcohol is involved, incapacitation is a state beyond drunkenness or mere intoxication. When drug use is involved, incapacitation is a state beyond being under the influence of or impaired by the use of the drug. Alcohol and other drugs affect each individual differently. Determining whether an individual is incapacitated requires an individualized determination. When determining whether a person has the capacity to provide consent, the College will consider whether a sober and reasonable person in the same circumstances would have known that the other party could or could not consent to sexual activity.

The following people have a right to make a complaint of sex discrimination,  requesting that York College investigate and make a determination about alleged sex discrimination under this policy:

• A “complainant,” which includes the following individuals:
  • A student or employee of York College who is alleged to have been subjected to conduct that could constitute sex discrimination under this policy; or
  • A person other than a student or employee of York College who is alleged to have been subject to conduct that could constitute sex discrimination under this policy at a time when the individual was participating or attempting to participate in York College’s operations.
• A parent, guardian, or other authorized legal representative with the legal right to act on behalf of a complainant; or
• York College’s Title IX Coordinator.

In certain situations, the Title IX Coordinator may decide to initiate a complaint of sex discrimination even in the absence of a complaint lodged by a student, employee or other alleged victim, or if the complaint is withdrawn by the complainant. If a complaint will be initiated under these circumstances, then the Title IX Coordinator will notify the complainant prior to doing so and appropriately address reasonable concerns about the complainant’s safety or the safety of others, including by providing supportive measures. 

The Title IX Coordinator is not required to initiate the grievance procedures if, upon being notified of conduct that may constitute sex discrimination, the Title IX Coordinator reasonably determines that the alleged conduct could not constitute sex discrimination, as defined in this policy.

York College may consolidate complaints of sex discrimination under this policy against one or more respondent, or by more than one complainant against one or more respondents, or by one party against another party, when the allegations of sex discrimination arise out of the same facts or circumstances. When more than one complainant or more than one respondent is involved, references in this policy to a party, complainant, or respondent include the plural, as applicable.

Regardless of whether a complaint is initiated, the College will take other appropriate prompt and effective steps to ensure that sex discrimination does not continue or recur within the College’s education programs or activities.

Any individual may make a good faith reporting alleging violation of the College’s prohibition against sex discrimination.

All College employees are obligated to notify the Title IX Coordinator when they are aware of conduct that reasonably may constitute prohibited sex discrimination.  

“Confidential employees” have no obligation to report conduct that reasonably may constitute sex discrimination that such confidential employees learn about through the confidential employee’s confidential duties. 

York College will treat complainants and respondents equitably.

York College requires that any Title IX Coordinator, investigator, or adjudicator not have a conflict of interest or bias for or against complainants or respondents generally or an individual complainant or respondent.

York College presumes that the respondent is not responsible for the alleged sex discrimination unless and until a determination of responsibility is made at the conclusion of the Supplemental Sex Discrimination Policy’s grievance procedure.

A party may request an extension of any deadline set by the Title IX Coordinator by providing a written request to the Title IX Coordinator. Any extension of these deadlines, however, will only be granted upon good cause shown in light of the facts of that particular situation. 

York College will take reasonable steps to protect the privacy of the parties and witnesses during grievance procedures under this policy. Such steps, however, will not restrict the ability of the parties to obtain and present evidence. Specifically, parties are always permitted to speak with witnesses, consult with their family members, consult with confidential resources, consult with their advisor or support person, or otherwise prepare for or participate in the grievance procedures. The parties are prohibited from engaging in retaliation, including against witnesses.

York College will objectively evaluate all evidence that is relevant and not otherwise impermissible—including both inculpatory and exculpatory evidence. Credibility determinations—that is, determinations about whether a party or witness is believable—will not be based on a person’s status as a complainant, respondent, or witness.

The following types of evidence, and questions seeking such evidence, are impermissible and will not be accessed or considered (unless for the sole purpose to determine whether one of the exceptions below applies). Such evidence also will not be disclosed and will not otherwise be used during the grievance procedures under this policy, regardless of whether relevant:

• Evidence that is protected under a privilege recognized by federal or state law or evidence provided to a confidential employee acting within the scope of that employee’s confidential duties, unless the person to whom the privilege or confidentiality is owed has voluntarily waived the privilege or confidentiality;
• A party’s or witness’s records that are made or maintained by a physician, psychologist, or other recognized professional or paraprofessional in connection with the provision of treatment to that party or witness, unless the College obtains the party’s voluntary, written consent for the use of these materials during the grievance procedures; and
• Evidence that relates to the complainant’s sexual interests or prior sexual conduct, unless such evidence is offered to prove that someone other than the respondent committed the alleged conduct or if the evidence is about specific incidents of the complainant’s prior sexual conduct with the respondent that is offered to prove consent to the alleged sex-based harassment. The fact of prior consensual sexual conduct between the complainant and the respondent does not by itself demonstrate or imply the complainant’s consent to the alleged sex-based harassment or preclude determination that sex-based harassment occurred.

Upon initiation of York College’s Supplemental Sex Discrimination Policy’s grievance procedures, the Title IX Coordinator will notify the parties of the following:

• This policy’s grievance procedures and its informal resolution process;
• Sufficient information available at the time to allow the parties to respond to the allegations, including the identities of the parties involved in the incident(s), the conduct alleged to constitute sex discrimination, and the date(s) and location(s) of the alleged incident(s);
• Retaliation is prohibited; 
• The respondent is presumed not responsible for any alleged sex discrimination until a determination is made at the conclusion of the grievance procedures. Prior to such a determination, the parties will have an opportunity to present relevant and not otherwise impermissible evidence to the adjudicator, who will be a trained and impartial decisionmaker; 
• The parties are entitled to an equal opportunity to access the relevant and not otherwise impermissible evidence; and

If, during the course of an investigation, York College decides to investigate additional allegations of sex discrimination by the respondent toward the complainant that are not included in the notice provided or that are included in a complaint that is consolidated, York College will notify the known parties of the additional allegations. 

The Title IX Coordinator may dismiss a complaint of sex discrimination under this policy in the following circumstances:

• York College is unable to identify the respondent after taking reasonable steps to do so;
• The respondent is not participating in York College’s education programs or activities and is not employed by York College;
• The complainant voluntarily withdraws any or all of the allegations in the complaint, the Title IX Coordinator declines to initiate a complaint or  determines that, without the complainant’s withdrawn allegations, the conduct that remains alleged in the complaint, if any, would not constitute sex discrimination under this policy, even if those allegations were proven; or
• The Title IX Coordinator determines the conduct alleged in the complaint, even if proven, would not constitute sex discrimination under this policy. Before dismissing the complaint, York College will make reasonable efforts to clarify the allegations with the complainant.

Upon dismissal, York College will promptly notify the complainant, in writing, of the basis for the dismissal. If the dismissal occurs after the respondent has been notified of the allegations, then York College will also simultaneously notify the respondent in writing of the dismissal and the basis for the dismissal. 

York College will notify the complainant that a dismissal may be appealed and will provide the complainant with an opportunity to appeal the dismissal of the complaint. If the dismissal occurs after the respondent has been notified of the allegations, then York College will also notify the respondent that the dismissal may be appealed. Any dismissal decision may be appealed on the following basis:

• Procedural irregularity that would change the outcome;
• New evidence that would change the outcome and that was not reasonably available when the dismissal decision was made; and
• The Title IX Coordinator, investigator, or adjudicator had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that would change the outcome.

Any such appeal must be filed within three business days of the issuance of the dismissal decision and must be provided to the Title IX Coordinator. If the dismissal decision is appealed, York College will,

• Notify all parties of any appeal, including notice of the allegations, if such notice was not previously provided to the respondent,
• Implement appeal procedures equally for the parties,
• Ensure that the person deciding the appeal did not take part in an investigation of the allegations or dismissal of the complaint,
• Provide the parties a reasonable and equal opportunity to make a statement in support of, or challenging, the outcome, and
• Provide a written decision to the parties regarding the appeal’s result and the rationale for that result.

If the dismissal decision involves an allegation of sex discrimination involving a student, then the dismissal decision will be decided by the Vice President of Student Life. Appeals of all other decisions will be decided by the College’s Chief of Staff. 

When a complaint under this policy is dismissed, York College will, at a minimum,

• Offer supportive measures to the complainant, as appropriate,
• Offer supportive measures to the respondent, provided that the respondent has been notified of the allegations, and
• Take other prompt and effective steps, as appropriate, through the Title IX Coordinator, to ensure that sex discrimination does not continue or recur within York College’s education programs or activities.

At any time following receipt of information suggesting that a violation of the College’s prohibition of sex discrimination may have occurred, the Title IX Coordinator, in conjunction with the College’s Director of Campus Safety, may remove a respondent—entirely or partially—from the College’s education programs or activities on an emergency basis, provided that the following has occurred:

• The Title IX Coordinator and Director of Campus Safety have undertaken an individualized safety and risk analysis; and
• The Title IX Coordinator and Director of Campus Safety have jointly determined that the emergency removal is justified based on an imminent and serious threat to the health or safety of a complainant or any students, employees, or other persons arising from the allegations of sex discrimination.

The College may place any employee on administrative leave from employment responsibilities during the pendency of the College’s Title IX grievance procedures.

Any emergency removal or administrative leave decision may be amended or cancelled during the pendency of the College’s grievance procedures under this policy.

Nothing in this section of the policy restricts any rights under the Americans with Disabilities Act, Section 504 of the Rehabilitation Act of 1973, or the Individuals with Disabilities in Education Act.

York College will provide an adequate, reliable, and impartial investigation of complaints alleging sex discrimination.

York College—not the parties—bears the burden of conducting an investigation that gathers sufficient evidence to determine whether sex discrimination has occurred.

York College will provide an equal opportunity for the parties to present fact and expert witnesses and other inculpatory or exculpatory evidence that is relevant and not otherwise impermissible.

York College will review all evidence gathered through the investigation and determine what evidence is relevant and what evidence is impermissible regardless of relevance.

Following the investigation and evaluation of all relevant and not otherwise impermissible evidence, York College will,

• Use the preponderance of the evidence standard of proof to determine whether respondent is responsible for violating the College’s prohibition against sex discrimination in this policy. The standard of proof requires the adjudicator to evaluate the relevant and not otherwise impermissible evidence for its persuasiveness. 
• Notify the parties in writing of the determination regarding whether respondent is responsible or not responsible for violating the College’s prohibition against sex discrimination in this policy. 
• Refrain from imposing discipline on a respondent for sex discrimination unless and until a determination is made at the conclusion of the grievance procedures that the respondent is responsible for engaging in sex discrimination prohibited by this policy.
• If the respondent is found responsible for violating this policy, the Title IX Coordinator will, as appropriate,
  • Coordinate the provision and implementation of remedies to a complainant and other people whose access to York College’s operations has been limited or denied due to sex discrimination,
  • Coordinate the imposition of any disciplinary sanctions on the respondent, including written notification to the complainant of any such disciplinary sanctions, and
  • Take other appropriate prompt and effective steps to ensure that sex discrimination does not continue or recur within York College’s education programs or activities.
• Comply with the grievance procedures before the imposition of any disciplinary sanctions against a respondent.

The College may take disciplinary action against an individual for making a materially false statement in bad faith during the grievance procedures. But the College may not discipline a party, witness, or others participating in the grievance procedures for making a false statement or for engaging in consensual sexual conduct based solely on the determination regarding whether sex discrimination occurred. 

For allegations of sex-based harassment under this policy and involving a student, any party may file an appeal on any or all of the following bases:

• Procedural irregularity that would change the outcome;
• New evidence that would change the outcome and that was not reasonably available when the determination of responsibility was made; and
• The Title IX Coordinator, investigator, or adjudicator had a conflict of interest or bias for or against complainant or respondents generally or the individual complainant or respondent that affected the matter’s outcome.

If a party appeals a determination regarding allegations of sex-based harassment  under this policy and involving a student, the College will,

• Notify all parties in writing of any appeal, including notice of the allegations, if such notice was not previously provided to the respondent,
• Implement appeal procedures equally for the parties,
• Ensure that the appeal officer did not take part in an investigation of the allegations or dismissal of the complaint,
• Communicate to the parties in writing that they will be provided a reasonable and equal opportunity to make a statement in support of, or challenging, the outcome, and
• Provide a written decision to the parties regarding the appeal’s result and the rationale for that result.

Any appeal of a decision regarding allegations of sex-based harassment under this policy and involving a student must be provided to the Title IX Coordinator, in writing, within three business days of dissemination of the adjudicator’s final written decision. The Appeal Board will decide any such appeals.

For allegations of violation of the Supplemental Sex Discrimination Policy that do not involve a student, the appeal process will be the same as in the relevant non-Title IX context. For more information, consult the policy relevant to the specific situation at issue:

• Grade Appeal Procedure: Academic Standards - York College of Pennsylvania - Acalog ACMS™ (ycp.edu)
• Employee Grievance Procedure
• General Grievance Procedure in the Faculty Manual (D.14.8)
• Grievance Procedure in Faculty Manual Related to Promotion, Tenure, Contract Non-Renewal/Dismissal or Academic Leave of Absence (B3.2.VIII.A)

In lieu of resolving a complaint through the College’s Title IX grievance procedures, the parties may instead elect to participate in an informal resolution process. York College will not offer informal resolution to resolve a complaint when doing so would conflict with federal, state, or local law. Before initiating the informal resolution process, the College will explain the following to the parties in writing:

• The allegations;
• The requirements of the informal resolution process;
• That any party has the right to withdraw from the informal resolution process and initiate or resume grievance procedures at any time before agreeing to a resolution;
• That if the parties agree to a resolution at the end of the informal resolution process, they cannot initiate or resume grievance procedures arising from the same allegations;
• The potential terms that may be requested or offered in an informal resolution agreement, including notice that an informal resolution agreement is binding only on the parties; and
• What information York College will maintain and how the College could disclose such information for use in other grievance procedures if such procedures are initiated or resumed.

Any party to an informal resolution process under this policy must comply with the terms of any written agreement entered into by the parties during the informal resolution process. A party’s violation of such an agreement constitutes a violation of this policy and potentially other College policies.

York College will offer and coordinate supportive measures as appropriate for the complainant or respondent to restore or preserve that person’s access to the College’s operations or to provide support during the College’s Supplemental Sex Discrimination Policy grievance procedure.

Supportive measures may vary depending on what the College deems reasonably available. The College may, as appropriate, modify or terminate supportive measures at the conclusion of the Supplemental Sex Discrimination Policy’s grievance procedure. Or the College may continue those supportive measures in place beyond that point. 

Orders regarding supportive measures will not be disclosed to any person unless necessary to provide the supportive measure or to restore or preserve a party’s equal access to the College’s operations. Disclosure may also be provided under the following circumstances:

• The College has obtained prior written consent from a person with the legal right to consent to the disclosure;
• The information is disclosed to a parent, guardian, or other authorized legal representative with the legal right to receive disclosures on behalf of the person whose personally identifiable information is at issue;
• To carry out the purposes of this policy, including action taken to address conduct in the College’s operations that may reasonably constitute sex discrimination under this policy;
• When required by federal law, federal regulations, or the terms and conditions of a federal award, including a grant award or other funding agreement; or

To the extent such disclosures are not otherwise in conflict with Title IX or this policy, when required by state or local law or when permitted under FERPA or its implementing regulations.

The College will make reasonable modifications to its policies, practices, or procedures as necessary to prevent discrimination based on pregnancy or related conditions. Each such reasonable modification must be based on the student’s individualized needs, as indicated during a consultation with the affected student. The student has discretion to accept or decline each reasonable modification. If, however, a student accepts an offered modification, the College must implement it. Such reasonable modifications can include the following: breaks during class to express breast milk, breastfeed, or attend to health needs associated with pregnancy or related conditions, including eating, drinking, or using the bathroom; intermittent absences to attend medical appointments; access to online or homebound education; changes in schedule or course sequence; extensions of time for coursework and rescheduling of tests and examinations; allowing a student to sit or stand, or carry or keep water nearby; counseling; changes in physical space or supplies (for example, access to a larger desk or a footrest); elevator access or other changes to College policies or practices. Nevertheless, the College is not required to implement any such requested modification if doing so would fundamentally alter the education program or activity at issue.

The College will allow a student to voluntarily access any separate and comparable portion of the College’s education programs or activities. Likewise, the College will allow any affected student to take a leave of absence from the College’s education programs or activities to cover, at a minimum, the period of time deemed medically necessary by the student’s licensed healthcare provider. When such a student returns to the College’s education programs or activities, the student will be reinstated to the academic program and, as practicable, to the extracurricular status that the student held before the voluntary leave began.

The College will ensure that any affected student can access a lactation space, which must be a space other than a bathroom, which is clean, shielded from view, free from intrusion from others, and may be used by a student for expressing breast milk or breastfeeding as needed. 

The College will treat pregnancy and related conditions in the same manner as it does any other temporary medical conditions with respect to any medical or hospital benefit, service, plan, or policy the College administers, operates, offers, or participates in with respect to students admitted to the College’s education programs or activities.

The College will not require a student who is pregnant or who has pregnancy related conditions to provide certification from a healthcare provider (or any other person) that the student is physically able to participate in a class, extracurricular activity or other education programs or activities of the College unless (i) the certified level of physical activity or health is necessary for participation in the class, program, or extracurricular activity, (ii) the College requires the same certification for all students participating the class, program, or extracurricular activity, and (3) the information obtained is not used as a basis for engaging in sex-discrimination. 

Following a determination that sex discrimination under this policy has occurred, the College may impose the following disciplinary sanctions or remedies:

If the respondent is a student and is found responsible for violating this policy’s prohibition against sex discrimination, the respondent may receive any of the following sanctions or remedies:

• Loss of privileges;
• No-contact directive;
• Cease and desist order;
• Written warning;
• Removal from on-campus housing;
• Barring access to campus;
• Barring or suspension from College activities (extracurricular or otherwise);
• Mandatory training;
• Mandated counseling;
• Educational sanctions;
• Disciplinary probation;
• Suspension;
• Expulsion;
• An order of restitution; or
• Any combination of the sanctions remedies listed above.

If the respondent is not a student and is found responsible for violating this policy’s prohibition against sex discrimination, the respondent may receive any of the following sanctions or remedies:

• Any sanction or remedy applicable to a student respondent, if such sanction or remedy is appropriate;
• Cease and desist order;
• Written reprimand;
• Final written warning;
• Change in work assignment;
• Demotion;
• Loss of privileges;
• No-contact directive;
• Barring access to campus;
• Mandatory training;
• Mandatory counseling;
• Suspension (with or without pay);
• Termination of Employment;
• Non-renewal of contract;
• An order of restitution; or
• Any combination of these sanctions.

When the respondent is a tenured faculty member who is found responsible for violation of this policy, the adjudicator may not order a termination of employment or non-renewal of an employment contract. The adjudicator, however, may recommend termination of employment or non-renewal of the faculty member’s employment contract. If such a recommendation is issued, the ultimate decision regarding whether to impose that recommended sanction will be made in accordance with the relevant dismissal or grievance procedure in the Faculty Manual.  

The College retains the authority to amend this policy at any time, and without previous notice, in order to ensure compliance with legal requirements or for any other reason. Unless this policy specifically says otherwise, any question of interpretation or application of this policy will be referred to the Title IX Coordinator, or his or her designee, for final interpretation. The Title IX Coordinator should typically review this policy annually in collaboration with Chief of the Campus Safety Department, the Office of Student Life, the Office of Student Accessibility Services, the College’s legal counsel, and any other College officials whose participation the Title IX Coordinator deems necessary and appropriate.