Title IX

York College of Pennsylvania (“York College”) does not discriminate on the basis of sex and prohibits sex discrimination in all education programs or activities that the College operates—including admission and employment—as required by Title IX of the Educational Amendments Act of 1973 (“Title IX”) and its implementing regulations. 

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: www.ycp.edu/titleix

Grievance Procedures for Complaints of Sex Discrimination

York College has adopted the following grievance procedures that provide for prompt and equitable resolution of complaints made by students, employees, or other individuals who are participating or attempting to participate in the College’s education programs or activities, or by the Title IX Coordinator, alleging any action that would be prohibited by Title IX or the Title IX regulations.

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. 

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 Discrimination

Discrimination on the basis of sex under the College’s education programs or activities, which causes more than a minimal level of harm. As stated above, the College prohibits sex discrimination in all of its education programs or activities. 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 Education Programs or Activities

York College’s prohibition against sex discrimination applies to all sex discrimination occurring under the College’s education programs or activities in the United States. Conduct that occurs “under the College’s education programs or activities” 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 education programs or activities.

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 education programs or activities, 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 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 education programs or activities. 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 education programs or activities;
• The type, frequency, or duration of the conduct;
• The parties’ ages, roles within the College’s education program or activity, 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 education program or activity.

Sexual Assault

• Any anal or vaginal penetration of another against that person’s will or without that person’s consent;
• Any 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 education programs or activities, for the purpose of interfering with any right or privilege secured by Title IX or 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 filed. Such measures are designed to restore or preserve equal access to the College’s education programs or activities 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.

These same supportive measures are available for complaints alleging sex-based harassment, regardless of whether or not a student is involved.

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.

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.

The College will provide the Title IX Coordinator’s contact information to all applicants for admission or employment, and to all students and employees.

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 responsible for making the decision regarding whether the respondent is responsible or not responsible for violating the College’s prohibition against sex discrimination. The Title IX Coordinator  may serve as the adjudicator and the adjudicator may be the same person who investigates the allegation, 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, including an attorney for the College, provided that (1) such person has received the training to serve as a decisionmaker as required under the U.S. Department of Education’s Title IX regulations, and (2) 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 the College’s prohibition against sex discrimination. Any such sanction or remedy imposed through the grievance procedures must be designed to restore or preserve the complainant’s equal access to the College’s education programs or activities 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 sex-based harassment involving a student. 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 the College’s prohibition on sex discrimination has occurred. The College will apply the preponderance of the evidence standard when evaluating whether a violation of the College’s prohibition on sex discrimination has occurred. 

Advisor

A person who assists a student or employee who is a party to a grievance procedure regarding allegations of sex-based harassment involving a student. 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-based harassment involving a student. 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.

The following individuals may not serve as an advisor:

• The Title IX Coordinator;
• Any investigator who has assisted the College in investigating the complaint at issue;
• Any informal resolution officer who has assisted the College during the grievance process related to the complaint at issue;
• Legal counsel for the College;
• Any witness who provides information during the grievance process related to the complaint at issue;
• Any support person for any party to the complaint at issue;
• The adjudicator for the complaint at issue;
• Members of the Appeal Board (for complaints regarding allegations of sex-based harassment involving a student); and
• 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 Title IX process. 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. 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 sexual 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 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.
• 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 Title IX Office at York College handles inquiries regarding discrimination, harassment, or retaliation based on sex, sexual orientation, gender, gender identity or expression, and other forms of sexual misconduct. Sexual misconduct could include, but is not limited to: sexual assault, relationship or dating violence, or sexual harassment.

*“FERPA” is the Family Educational and Privacy Act, 20 U.S.C. § 1232g.

The following people have a right to make a complaint of sex discrimination, including complaints of sex-based harassment, requesting that York College investigate and make a determination about alleged discrimination under Title IX:

• 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 Title IX; 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 Title IX at a time when the individual was participating or attempting to participate in York College’s education programs or activities.
• 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. To determine whether to initiate a complaint of sex discrimination under those circumstances, the Title IX Coordinator will consider the facts of each specific case, taking into account, at a minimum, the following factors:

• The complainant’s request not to proceed with initiation of a complaint;
• The complainant’s reasonable safety concerns regarding initiation of a complaint;
• The risk that additional acts of sex discrimination would occur if a complaint is not initiated;
• The severity of the alleged discrimination, including whether the discrimination, if established, would require the removal of a respondent from campus or the imposition of another disciplinary sanction to end discrimination and prevent its recurrence;
• The age and relationship of the parties, including whether the respondent is an employee of the recipient;
• The scope of the alleged sex discrimination, including whether the available information suggests a pattern, ongoing sex discrimination, or sex discrimination that has affected multiple individuals;
• The availability of evidence to assist the adjudicator in determining whether sex discrimination occurred; and
• Whether the College could end the alleged sex discrimination and prevent its recurrence without initiating its grievance procedures under this policy.

The Title IX Coordinator may initiate a complaint if, after consideration of these and other relevant factors, it is determined that the conduct in question presents an imminent and serious threat to the health or safety of the complainant or other person, or that the conduct as alleged would prevent the College from ensuring equal access on the basis of sex to its education programs or activities. 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 under Title IX or this policy.

York College may consolidate complaints of sex discrimination 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, which includes sex-based harassment.  

“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. Nevertheless, such confidential employees must explain to any person who informs the confidential employee of conduct that may reasonably constitute prohibited sex discrimination, (1) the confidential employee’s confidential status, including that the confidential employee is not required to notify the Title IX Coordinator about conduct that reasonably may constitute prohibited sex discrimination, (2) how to contact the Title IX Coordinator and how to make a complaint of sex discrimination, and (3) that the Title IX Coordinator may be able to offer and coordinate supportive measures, as well as initiation of an informal resolution process or an investigation. 

When a student, or person who has a legal right to act on behalf of a student, informs any York College employee (including confidential employees) of a student’s pregnancy or related condition, the informed employee must promptly provide the informing person with the Title IX Coordinator’s contact information and inform that person that the Title IX Coordinator can coordinate specific actions to prevent sex discrimination and ensure the affected student’s equal access to York College’s education programs or activities. 

**Defined in the definitions section of this policy.

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 Title IX grievance procedure.

York College has established the following timeframes for the major stages of the grievance procedures:

• The evaluation process will conclude no later than ten business days after the Title IX Coordinator is made aware that a complaint of sex discrimination has been made to the College. During the evaluation process the Title IX Coordinator will determine whether to dismiss or investigate a complaint of sex discrimination;
• The investigation process will conclude no later than 40 business days after the Title IX Coordinator is made aware that a complaint of sex discrimination has been made to the College;
• The determination of responsibility/non-responsibility will be issued no later than 50 business days after the Title IX Coordinator is made aware that a complaint of sex discrimination has been made to the College; and
• The appeal process, if any, will conclude no later than 65 days after the Title IX Coordinator is made aware that a complaint of sex discrimination has been made to the College.

A party may request an extension of these deadlines by providing a written request to the Title IX Coordinator. Likewise, the Title IX Coordinator is permitted to extend these deadlines. Any extension of these deadlines, however, will only be granted upon good cause shown in light of the facts of that particular situation. Any extension of these deadlines must be in writing and provided to all parties to the grievance process.

York College will take reasonable steps to protect the privacy of the parties and witnesses during its grievance procedures. 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, 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.

***“Inculpatory evidence” is evidence which suggests that the respondent is responsible for the alleged sex discrimination. “Exculpatory evidence” is evidence which suggests that the respondent is not responsible for the alleged sex discrimination.

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

• York College’s Title IX 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-based harassment 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
• For allegations of sex-based harassment involving a student, the parties may have an advisor of their choice—who may be, but is not required to be, an attorney—accompany them to any meetings or proceedings related to the Title IX grievance procedures.
  • The College will not limit the choice or presence of the advisor from the complainant or the respondent in any meeting or proceedings.
  • The College may establish restrictions regarding the extent to which the advisor may participate in these grievance procedures, as long as such restrictions apply equally to the parties.
• For allegations of sex-based harassment involving a student, all parties may have a support person present during any meeting or proceeding.  

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. If such allegations concern alleged sex-based harassment involving a student, the notice of additional allegations must be in writing.

The Title IX Coordinator may dismiss a complaint of sex discrimination 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, and York College determines that, without the complainant’s withdrawn allegations, the conduct that remains alleged in the complaint, if any, would not constitute sex discrimination under Title IX even if proven; or
• York College determines the conduct alleged in the complaint, even if proven, would not constitute sex discrimination under Title IX. 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.

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,
• Ensure that the person deciding the appeal has been trained consistent with the Title IX regulations,
• 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-based harassment involving a student, then the dismissal decision will be decided by the Dean of Student Development and Campus Life. Appeals of all other decisions will be decided by the College’s Chief of Staff. 

When a complaint 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;
• 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; and
• The Title IX Coordinator provides the subject of the removal order with notice of the removal decision and an opportunity to challenge the decision immediately following the removal.
  • The subject of a removal order wishing to challenge that order must provide the Title IX Coordinator with written notice of such a challenge. The removed party bears the burden of demonstrating that the removal decision was incorrect.
  • The College’s Dean of Student Development and Campus Life will decide any challenges of a removal order issued to a student. Appeals regarding all other removal orders will be decided by the College’s Chief of Staff.

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 Title IX grievance procedures.

Nothing in this section of the policy restricts any rights under the Americans with Disabilities Act (42 U.S.C. §12101 et seq), Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794), or the Individuals with Disabilities in Education Act (20 U.S. § 1400 et seq).

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 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 determinate what evidence is relevant and what evidence is impermissible regardless of relevance.

York College will provide each party with an equal opportunity to access the evidence that is relevant to the allegations of sex discrimination and not otherwise impermissible, in the following manner:

• York College will provide an equal opportunity to access either the relevant and not otherwise impermissible evidence, or an accurate description of the evidence. If York College provides a description of the evidence, the parties will be provided with an equal opportunity to access the relevant and not otherwise impermissible evidence upon the request of any party;
• York College will provide a reasonable opportunity to respond to the evidence or the accurate description of the evidence; and 
• York College will take reasonable steps to present and address the parties’ unauthorized disclosure of information and evidence obtained solely through the grievance procedures. Disclosures of such information and evidence for purposes of administrative proceedings or litigation related to the complaint of sex discrimination are authorized.

For allegations of sex-based harassment involving a student, York College will provide the parties with the same opportunities to be accompanied to any meeting or proceeding by the advisor of their choice, who may be, but is not required to be, an attorney.

• York College will not limit the choice or presence of the advisor for the complainant or respondent in any such meeting or proceeding.
• York College, however, may establish restrictions regarding the extent to which the advisor may participate in the grievance procedures, as long as the restrictions apply equally to the parties.

For allegations of sex-based harassment involving a student, evidence in the form of expert witness opinions may be permitted in appropriate cases. Such evidence will only be utilized in making a determination upon approval by the adjudicator and upon a showing that such evidence is relevant, not otherwise impermissible, and would substantially aid the adjudicator in making the determination regarding whether or not the respondent is responsible for the allegations of sex-based harassment involving a student. The adjudicator may refuse to permit the submission of such expert witness evidence, or to consider such evidence, if the adjudicator determines that the probative value of the expert’s opinion or evidence is outweighed by considerations of unfair prejudice or confusion of the issues, or if such evidence is merely duplicative of other evidence under consideration. These rules apply equally to the complainant and the respondent. 

York College will provide a process that enables the adjudicator to question parties and witnesses to adequately assess a party’s or witness’s credibility, provided that credibility is both in dispute and relevant to evaluating one or more allegations of sex discrimination. 

For allegations of sex-based harassment involving a student in which a party’s or witness’s credibility is both in dispute and relevant to evaluating the allegations, the College will allow each party to propose such questions that the party wants asked of any party or witness and have those questions asked by the adjudicator, provided that such questions are determined by the adjudicator to be both relevant and not impermissible. In such cases, the adjudicator will also be permitted to ask any such relevant and not otherwise impermissible questions that the adjudicator might have. These questions will be asked during individual meetings with a party or witness. Each party will be provided with an audio or audiovisual recording or transcript of any such questions and answers. That recording or transcript will be provided to the party with enough time for the party to have a reasonable opportunity to propose follow-up questions. 

For allegations of sex-based harassment involving a student, the adjudicator will determine whether any proposed question is relevant and not otherwise impermissible before a question is posed and will explain any decision to exclude a question as not relevant or otherwise impermissible. Questions that are unclear or harassing of the party or witness will not be permitted. The adjudicator, however, must give a party an opportunity to clarify or revise a question that the adjudicator determines is unclear or harassing. If the party sufficiently clarifies or revises the question, then the question must be asked.

For allegations of sex-based harassment involving a student, the adjudicator may choose to place less or no weight upon statements by a party or witness who refuses to respond to questions deemed relevant and not impermissible. The adjudicator, however, must not draw an inference about whether sex-based harassment occurred based solely on a party’s or witness’s refusal to respond to such questions.

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. 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. That written notice will include the rationale for the determination and the procedures and permissible bases for the parties to appeal.
• 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 education programs or activities 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 involving a student, the written notice of determination must be provided simultaneously to the parties. For matters involving such allegations, the written notice of determination must include the following:

• A description of the alleged sex-based harassment;
• Information about the policies and procedures that York College used to evaluate the allegations;
• The adjudicator’s evaluation of the relevant and not otherwise impermissible evidence and determination about whether sex-based harassment occurred;
• When applicable, a description of any disciplinary sanctions that will be imposed on the respondent, whether remedies other than disciplinary sanctions will be provided to the complainant by the College and, to the extent appropriate, other students identified by the College to be experiencing the effects of the sex-based harassment; and
• The College’s procedures and permissible bases for the complainant and the respondent to appeal.

For allegations of sex-based harassment 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 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,
• Ensure that the appeal officer has been trained consistent with the Title IX regulations,
• 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.

The Appeal Board will decide any such appeals.

For allegations of sex discrimination that are not allegations of sex-based harassment involving 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)
• Student Code of Conduct

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. For allegations of sex-based harassment involving a student, York College will inform the parties in writing of the informal resolution process it offers and determines is appropriate, if any. 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 Title IX 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 education programs or activities or to provide support during the College’s Title IX grievance procedures or during the informal resolution process.

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 Title IX grievance procedures or at the conclusion of the informal resolution process. Or the College may continue those supportive measures in place beyond that point. 

The complainant or respondent may seek modification or reversal of the Title IX Coordinator’s decision to provide, deny, modify, or terminate supportive measures applicable to them. The parties may also seek modification or termination of a supportive measure ordered by the Title IX Coordinator based on a material change of circumstances. For supportive measures affecting a student, the request for modification or reversal of the supportive measure decision will be decided by Dean of Student Development and Campus Life appeals regarding all other supportive measures decisions will be decided by the College’s Chief of Staff. These individuals will have the authority to modify or reverse the Title IX Coordinator’s decision regarding supportive measures, if it is determined that the Title IX Coordinator’s decision regarding supportive measures is inconsistent with the term “supportive measures,” as defined in this policy. 

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 education programs or activities. 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 education programs or activities that may reasonably constitute sex discrimination under Title IX;
• 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 (20 U.S.C. § 1232g) or its implementing regulations (34 C.F.R. part 99).

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 occurred, the College may impose the following disciplinary sanctions or remedies:

• If the respondent is a student and is found responsible for violating the College’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 the College’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.  

These same disciplinary sanctions or remedies may be imposed upon a finding that a respondent is responsible for sex-based harassment, regardless of whether or not a student is involved.