About Title IX

Title IX of the Education Amendments of 1972 (“Title IX”) prohibits any person in the United States from being discriminated against on the basis of sex in seeking access to any educational program or activity receiving federal financial assistance.

The U.S. Department of Education, which enforces Title IX, has long defined the meaning of Title IX’s prohibition on Sex Discrimination broadly to include various forms of sexual harassment and sexual violence that interfere with a student’s ability to equally access educational programs and opportunities.

Prohibited Behavior

The University prohibits all Sex Discrimination Violations, as defined in this Policy. Sex Discrimination includes Sex-Based Harassment, including sexual assault, domestic violence, dating violence, and stalking, and discrimination on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity. Some of these prohibited forms of conduct may also be crimes under Pennsylvania or federal law.

The University will promptly and equitably respond to all reports of Sex Discrimination in order to eliminate the discrimination, prevent its recurrence, and redress its effects on any individual or the community.

The University prohibits any form of discrimination or harassment on the basis of sex, race, color, age, religion, national or ethnic origin, sexual orientation, gender identity or expression, pregnancy, marital or family status, medical condition, genetic information, veteran status, or disability in any decision regarding admissions,

employment, or participation in a University program or activity in accordance with the letter and spirit of federal, state, and local non-discrimination and equal opportunity laws, such as Titles VI and VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, the Age Discrimination in Employment Act, the Americans with Disabilities Act and ADA Amendments Act, the Equal Pay Act, and the Pennsylvania Human Relations Act.

The University also complies with the Jeanne Clery Disclosure of Campus Security Policy and Campus Crimes Statistics Act, as amended by the Violence Against Women Act (VAWA). Title IX prohibits retaliation for asserting or otherwise participating in claims of Sex Discrimination. VAWA imposes additional duties on universities and colleges to investigate and respond to reports of sexual assault, stalking, and dating or domestic violence, and to publish policies and procedures related to the way these reports are handled. The University has designated the Title IX Coordinator with assistance of the Deputy Title IX Coordinators, to coordinate the University’s compliance with Title IX and VAWA and to respond to reports of violations. The University has directed the Chief of Police to coordinate the University’s compliance with the VAWA-related Clery reporting requirements.

Mandatory Reporting, Privacy and Confidentiality

The University is committed to protecting the privacy of all individuals involved in a report of Sex Discrimination. Every effort will be made to protect the privacy interests of all individuals involved. Privacy, confidentiality, and privilege have distinct meanings under this Policy.

Mandatory Reporting

All University Officials, Volunteers and Employees (including student employees) are obligated to report incidents of Sex Discrimination of which they become aware to the Title IX Coordinator/designee, unless they serve in a role that makes such reports privileged or are identified as a Confidential Employee. Employees protected by privacy and confidentiality are listed below.

Child Abuse: When a report involves suspected abuse of a child (an individual under the age of 18 at the time of the incident(s) as reported), all University Employees, Officials and Volunteers are required to notify the University police and the ChildLine run by the Pennsylvania Department of Human Services (1-800-932-0313).

Privacy

Privacy generally means that information related to a report of Sex Discrimination will only be shared with a limited circle of individuals, including individuals who “need to know” in order to assist in the review, investigation, or resolution of the report or to deliver resources or support services. While not bound by confidentiality or privilege, these individuals will be discreet and respect the privacy of all individuals involved in the process. All participants in an investigation of Sex Discrimination under this Policy, including Advisors and Witnesses, will be informed that privacy helps enhance the integrity of the investigation and protect the privacy interests of the parties.

University employees protected by privacy regulations under this policy include:

The Title IX Coordinator
Members of the Campus Title IX Team (including investigators, response officers, and case managers.
Employees serving as witnesses or advisors to either party.
Employees who are involved in any part of the official complaint process.
Others as designated on a case specific basis by the Title IX Coordinator.

Confidentiality

Certain individuals are designated as Confidential Employees. For reports made to Confidential Employees, the University will respect the reporting Party’s expectations of privacy to the extent permissible by law while still ensuring compliance with other reporting obligations such as mandatory reporting obligations concerning abuse, including sexual misconduct, involving minors.

When an individual informs a Confidential Employee of conduct that may reasonably constitute a violation of this Policy, the Confidential Employee will inform the individual: (1) of the employee's status as a Confidential Employee, including the circumstances in which the employee is not required to notify the Title IX Coordinator about conduct that may constitute a violation of this Policy; (2) how to contact the Title IX Coordinator 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 initiate an informal resolution process or investigation under the resolution procedures of this Policy.

Confidential Employees will not share information with the Title IX Coordinator or any other employee of the University without the express permission of the disclosing Party.

Confidential Employees can provide information about the University and off-campus resources, support services and other options. As noted above, because of the confidential nature of these resources, disclosing information to or seeking advice from a Confidential Employee does not constitute a report or Complaint to the University and will not result in a response or intervention by the University.

University employees protected by confidentiality regulations under this policy include:

Student Health Services (724-738-2052)
The Student Counseling Center (724-738-2034)

All University proceedings are conducted in compliance with the requirements of the Family Educational Rights and Privacy Act (“FERPA”), the Clery Act, Title IX of the Education Amendments of 1972 (“Title IX”), Violence Against

Women Act (“VAWA”), state and local law, and University policy. No information will be released from such proceedings, except as required or permitted by law and University policy. To the extent that state or local law conflicts with Title IX and the Final Rule, the Final Rule preempts the conflicting state law. The University may share non-identifying information about reports received to comply with crime reporting requirements, or in aggregate form, including data about outcomes and Disciplinary Sanctions.