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    Elizabethtown College
   
 
  Sep 19, 2017
 
 
    
Student Handbook 2015-2016 [ARCHIVED CATALOG]

Sexual Misconduct Policies


 


Policy Regarding Sexual Harassment, Sexual Misconduct, Sexual Exploitation, Stalking, Dating Violence, and Domestic Violence

Title IX of the Educational Amendments of 1972 prohibits discrimination on the basis of sex in educational programs and activities operated by recipients of federal financial assistance. Sex discrimination includes all forms of sexual and gender-based harassment, sexual misconduct, sexual violence, sexual assault, domestic violence, dating violence, and stalking by students, employees or third parties against employees, students, or third parties. This Policy has been developed to reaffirm individual rights and responsibilities and to provide recourse for those individuals whose rights have been violated. It serves as a measure for Elizabethtown College to determine if behaviors violate community values. It also should serve as a guide for expectations for communications about sexual behavior, sexual responsibility and sexual respect.

Elizabethtown College prohibits the crimes of dating violence, domestic violence, sexual assault, and stalking.  Elizabethtown College takes seriously violations of this Policy. Any person found in violation of this Policy will be subject to discipline, up to and including termination if they are an employee, or expulsion if they are a student. Reports alleging a violation of this Policy by faculty or staff will be handled consistent with procedures outlined in respective employee handbooks.

Other gender-based discrimination is also prohibited by the College’s Policy Regarding Harassment, Intimidation, and Bullying .

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Conduct Prohibited by this Policy

Sexual Harassment in all forms:

Sexual harassment includes unwanted sexual advances, requests for sexual favors, or visual, verbal, or physical conduct of a sexual nature when: (1) submission to such conduct is made–either implicitly or explicitly–a term or condition of an individual’s employment or academic status; (2) submission to or rejection of such conduct is used as a basis for employment or education decisions affecting the individual; or (3) such conduct has the purpose or effect of unreasonably interfering with a student’s or employee’s work performance or creating an intimidating, hostile, or offensive working, educational, or living environment. A hostile environment exists when sexual harassment is sufficiently severe, pervasive, or persistent or so objectively offensive that it would interfere with or limit a reasonable person’s ability to participate in or benefit from school, including all activities and services.

Sexual harassment can be committed by individuals of any sex against individuals of any sex including those who are transgender or gender-neutral. Although sexual harassment sometimes involves a person in a greater position of authority than the harasser, individuals in positions of lesser or equal authority also can be found responsible for engaging in prohibited harassment. Sexual harassment can be physical or psychological in nature. An aggregation of a series of incidents can constitute sexual harassment even if one of the incidents considered separately would not rise to the level of harassment. 

While sexual harassment encompasses a wide range of conduct, some examples of specifically prohibited conduct include:

  1. Promising, directly or indirectly, a reward to an individual if the person complies with a sexually oriented request.
  2. Threatening, directly or indirectly, retaliation against an individual, if the person refuses to comply with a sexually oriented request.
  3. Denying, directly or indirectly, an individual employment or education related opportunity, if the individual refuses to comply with a sexually oriented request.
  4. Engaging in unwelcome sexually suggestive conversation or physical contact of a sexual nature.
  5. Displaying unwanted offensive, obscene photos, posters, or other sexually oriented materials; distributing unwanted sexually offensive materials.
  6. Engaging in indecent exposure.
  7. Making sexual or romantic advances toward an individual and persisting despite the individual’s express rejection of the advances.
  8. Retaliating or threatening to retaliate against an individual who makes a report of misconduct under this Policy.
  9. Stalking, based on gender or sex.

Sexual Harassment also includes (1) Sexual Misconduct related to all forms of non-consensual sexual contact and non-consensual intercourse as defined below, and (2) Sexual Exploitation as defined below. This Policy also prohibits crimes of sexual assault, dating violence, domestic violence and stalking as defined by the Commonwealth of Pennsylvania.  Please refer to the Addendum for these definitions.

Sexual Misconduct

Non-consensual Sexual Contact

Non-consensual sexual contact is any sexual touching, with any body part or object, by an individual upon another person without consent, or making any person touch you or them in a sexual manner without their consent. It includes any non-consensual sexual contact, including any improper touching of intimate body parts. It also includes the non-consensual removal of another’s clothing, indecent contact (i.e., the unwanted touching of another’s intimate body parts including, but not limited to, genitals, buttocks, groin, or breasts) or causing another to have indecent and unwanted contact with intimate body parts.

Non-consensual Intercourse (Sexual Assault)                                   

Non-consensual intercourse (Sexual Assault) is any sexual intercourse (anal, oral or vaginal), with any body part or object, by an individual upon another person without consent. Non-consensual intercourse may be accomplished by expressly or implicitly forcing or coercing another person to have intercourse against that person’s will, including the use or threat of physical force, or any behavior that is designed to intimidate and induce fear in another person. Non-consensual intercourse can also occur when another person is incapacitated due to alcohol or other drugs, is incapacitated due to physical or emotional trauma, is less than 17 years of age, or is otherwise incapable of denying or giving consent (for example, when an individual is in an unconscious or semi-conscious state).

Sexual Exploitation

Sexual Exploitation occurs when a person takes non-consensual or abusive sexual advantage of another for the person’s own advantage or benefit, or to benefit or advantage anyone other than the one being exploited, and that behavior does not otherwise constitute one of the other sexual misconduct offenses.  Examples of sexual exploitation include, but are not limited to: nonconsensual observation of individuals who are undressed or engaging in sexual acts; non-consensual video or audiotaping of sexual activity; prostituting another person; going beyond the boundaries of consent (such as letting your friends hide in the closet to watch you having consensual sex); and knowingly transmitting an STD or HIV to another.

Stalking:

The term “stalking” means engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for their physical safety or the safety of others; or suffer substantial emotional distress that may, but does not necessarily, require medical or other professional treatment or counseling. This fear may include the fear of being subjected to sexual harassment or sexual misconduct. A “course of conduct”, for purposes of this definition, means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property. 

Dating Violence and Domestic Violence:

Dating violence is a type of physical relationship violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim including, but not limited to, sexual or physical abuse or the threat of such abuse. The existence of such a relationship will be determined based on the complaining party’s statement and with consideration of the length of the relationship, the type of relationship, and the frequency of the interaction between the persons involved in the relationship. Dating violence is distinct from domestic violence.

Domestic violence is a felony or misdemeanor crime of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the Commonwealth of Pennsylvania, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the Commonwealth of Pennsylvania.

Other prohibited conduct:

Intimidation is a violation of this Policy and includes any act to deter an individual from making a report of sexual harassment or sexual misconduct, or to deter an individual from participating or assisting in an investigation or proceeding related to a report of sexual harassment or sexual misconduct, by imposing fear through threats of physical or emotional harm to the targeted individual(s) or the individual’s or individuals’ associates.

Retaliation is a violation of this Policy and includes any act or attempted acts to seek retribution against anyone who has reported prohibited activity or against anyone who has participated in an investigation or related proceeding under this Policy.  Prohibited retaliatory acts include, but are not limited to, intimidation, threats, coercion, or discrimination.

Definitions

Appeal Officer means a college staff or administrator authorized by the Provost/Sr. Vice President to consider an appeal of a Student Conduct Administrator’s determination or of the sanctions imposed under this Policy when the Respondent is a student.

Student Conduct Administrator means the Director of Student Rights or Responsibilities or designee.

Complainant means any individual who submits a report alleging that any portion of this Policy has been violated.  A Complainant may be the Alleged Victim or any other Reporter. The College reserves the right to serve as Complainant. 

Alleged Victim means the person who is alleged to have been harmed by a violation of this Policy. The Alleged Victim may or may not be the Complainant. The use of this term is not to view reports of sexual harassment or sexual violence with skepticism.  Rather, it is a reflection of the fact that reports of sexual harassment or sexual violence are allegations until they are proven by a preponderance of evidence in accordance with the process set forth in this Policy.  Using the term “Alleged Victim” therefore balances the realities of the allegations, and the status of the person who may have been subjected to sexual harassment or sexual violence. 

Reporter means any individual who submits a report on behalf of another individual alleging that of any portion of this Policy has been violated.

Respondent means any individual alleged to have violated this Policy.

Coercion is unreasonable pressure for sexual activity. Coercive behavior differs from seductive behavior based on the type of pressure someone uses to get consent from another.

Consent is permission to engage in particular sexual activity.  Consent is informed, freely and actively given, and requires clear communication between all persons involved in the sexual encounter. Consent is active, not passive. Consent can be communicated verbally or by actions, but non-verbal consent is less clear than talking about what is acceptable or allowable. Consent, in whatever way it is communicated, must be mutually understandable. Silence, in and of itself, cannot be interpreted as consent. It is the responsibility of the initiator of sexual contact to make sure they understand fully what the person with whom they are involved wants and does not want sexually. Consent to one form of sexual activity does not imply consent to other forms of sexual activity. Previous relationships or previous consent does not imply consent to future sexual acts. Consent can be withdrawn at any time.  Consent cannot be procured by use of physical force, compelling threats, intimidating behavior, or coercion. Effective consent cannot be given by mentally disabled individuals or persons incapacitated as a result of drugs or alcohol. Being intoxicated or impaired by drugs or alcohol is never an excuse for sexual harassment, misconduct, or violence, and intoxication or impairment does not diminish one’s responsibility to obtain consent.

Incapacitation is a state where an individual cannot make a rational, reasonable decision because they lack the ability to understand the who, what, when, where, why or how of their interaction. 

Investigator is a qualified professional staff or college-appointed third party who conducts fact finding and leads the investigative process and may determine appropriate sanctions in an Interactive Resolution.

Witness means any individual who has seen, heard, or otherwise knows or has information about a violation or attempted violation of this Policy.

Related College Policies

Policy on Prohibited Relationships between College Employees and Students

Dating, romantic, or sexual relations between College employees (faculty, staff and administrators) and students, even if consensual, can negatively affect the educational environment for students.  Members of the faculty and staff are expected to maintain professional relations with all students, act in accordance with standards of professional conduct and avoid conflicts of interest, favoritism, bias or creation of a hostile environment for students.

Moreover, a consensual romantic relationship or sexual relationship between an employee and a student enrolled at the College can compromise professional standards and expose both the employee and the College to claims of harassment or unlawful discrimination—for example, from the student involved or from other students who allege they were disadvantaged because of the employee’s unprofessional relationship with one of their peers.

Accordingly, the College prohibits consensual romantic or sexual relationships between employees (faculty, staff, and administrators) and students.  An employee found to be engaged in a romantic or sexual relationship with a student will be subject to disciplinary action up to and including dismissal or release.

Employees who are married to or are a domestic partner of a student (as defined under Domestic Partner Benefits) are exempt.  In situations where such a pre-existing relationship exists, the individual with the supervisory, teaching, advisory, or evaluative position over the student must immediately inform the relevant supervisor, Chair, Dean, or the Director of Human Resources of the conflict of interest. Necessary steps will be taken to resolve the conflict and eliminate any appearance of favoritism or advantage and/or inconsistencies in other College policies.

Policy Regarding Protection of Minors on Campus

Any member of the Elizabethtown College community, employee or student employee, who encounters a minor (child under the age of 18) on campus or at an off-campus sponsored event, and suspects that the minor has been the victim of child abuse, must report the incident, irrespective of the seriousness of the incident.  In such cases, the suspected abuse should be reported immediately to Campus Security, the College EC Hotline (toll free 855.696.1899 or web-assisted on the EC Hotline Webpage), a Human Resources official, the Department of Public Welfare Childline (800.932.0313), or local law enforcement by calling 911.

Please refer to the Policy Regarding Minors on Campus for more information.

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Procedures When There Is an Alleged Violation of This Policy

Options for Immediate Assistance

The College encourages those who have experienced, witnessed, or are aware of any form of sexual harassment, including sexual misconduct, sexual exploitation, and stalking, dating or domestic violence to report the incident promptly, to seek all available assistance, and, should they wish, to pursue College discipline proceedings and criminal prosecution of the Respondent(s).

In a crisis, get help immediately. The College encourages any individual to seek assistance from local law enforcement or local medical facility immediately after an incident of sexual misconduct, dating violence, domestic violence, stalking or sexual violence.

In the case of sexual assault or violence, preserve physical evidence by making certain that the incident area is not disturbed. (The decision to make a formal complaint or criminal report does not have to be made at this time. However, following these procedures will help preserve this option for the future.) The individual should not bathe, urinate, douche, brush teeth, or drink liquids. Clothes should not be changed. But if they have been, place original clothing in a paper bag. (Plastic bags may damage evidence.)

If you have been assaulted, seek immediate medical attention at an area hospital and take a full change of clothing, including shoes, for use after a medical examination. It’s recommended that a physical exam be conducted within 72 hours of the assault. Please keep in mind that having a sexual assault exam does not mean the individual is mandated to press charges. This action only keeps the options open. (Individuals under the age of eighteen should be aware that, as a minor (child), their parent(s) or legal guardian may have the right to obtain information from their medical records.) Lancaster General Hospital and Penn State Hershey Medical Center provide a Sexual Assault Forensic Exam (SAFE). The hospital staff can assist with treatment for sexually transmitted diseases and other health services. 

Contact either of the following for immediate law enforcement assistance for any crime of sexual assault, dating violence, domestic violence, or stalking:

  • Elizabethtown Borough Police – Dial 911
  • Campus Security – (717) 361-1111 (24/7  Emergency Hotline) 

Campus Security can arrange transportation to a local hospital or local police department if requested. A counselor-on-call can accompany you if requested.

You have the right to report, and the right to not report, a crime of sexual assault, dating violence, domestic violence or stalking that you have suffered to law enforcement. 

Some students may prefer to work directly with Off-campus Counselors, Advocates and Health Care Providers who generally maintain confidentiality and will not share information with the College unless the student requests disclosure and signs a consent or waiver form. The actual confidentiality afforded by these organizations may vary, and you should ask when you first call. 

Community resources for an immediate or emergency response include:

  • YWCA Lancaster Sexual Assault Prevention and Counseling Center 24/7 Hotline – (717) 392-7273
  • Penn State Hershey Medical Center – Emergency Room – 500 University Drive, Hershey, PA 17033, (717) 531-8333
  • Lancaster General Hospital – Emergency Room – 555 North Duke Street, Lancaster, PA  17602, (717) 544-5122
  • Penn State Hershey Medical Elizabethtown – 1 Continental Drive, Elizabethtown, PA 17022, (717) 361-0666 (daytime hours only)
  • Domestic Violence Services 24-Hour Hotline – Community Action Program of Lancaster County – (717) 299-1249 (collect calls accepted)
Seeking Support from a College Employee

Sometimes a student may not require or want immediate emergency assistance or may need more time before sharing any information about the incident.  A student may feel more comfortable sharing information about an incident of sexual misconduct with someone they know, such as an advisor, professor, or coach, and may choose to seek advice from them about the college process or college resources before deciding on next steps.

This is completely understandable.  However, students should be aware that most employees of the College are considered “Responsible Employees” and must share any information about a report of sexual harassment, sexual misconduct, sexual exploitation, stalking, dating violence and domestic violence with the Title IX Coordinator.  This disclosure is required under Title IX; the College must ensure a prompt, fair and impartial response to, and investigation of, these reports of sexual misconduct.  There are exceptions, which will now be explained.

Completely Confidential Reporting Locations

If a student is seeking complete confidentiality, the best option is to consult first with a College Counselor or Chaplain.  The Counselor or Chaplain can provide confidential advice, share resources, and inform the student about the process for making an official report to the College without any requirement to disclose information to the Title IX Coordinator.

  • College Counselor is available 24/7. Call (717) 361-1405 to request a confidential counseling appointment or call Campus Security after hours at (717) 361-1111 to request confidential support.
  • College Chaplain and Assistant Chaplain (clergy) are available during regular college business hours for confidential consultation. Call (717) 361-1260.
Mostly Confidential Locations

Staff in Student Wellness and the Athletic Training office can talk to a Complainant, Alleged Victim or Reporter without being required to disclose personally identifiable information about the Alleged Victim to the Title IX Coordinator.  Students can seek assistance and support from the employees listed below without triggering an investigation that would reveal the identity of the Alleged Victim. These employees are only required to share a limited report to inform the Title IX Coordinator of the date, time, general location and nature of the incident but, again, not information that would identify the Alleged Victim.  This general information is necessary in order for the College to appropriately track patterns, evaluate the scope of the problem and formulate appropriate campus-wide responses.  Before sharing the general report with the Title IX Coordinator, these employees will work to consult with the Complainant to ensure that no personally identifiable details about the Complainant are shared.  The following are “mostly confidential” locations that follow the foregoing protocol: 

  • Counseling Services’ front desk staff, Betsy Allen, is available at (717) 361-1405 (daytime).
  • College Health Liaison, Eileen Wagner, RN, is available for consultation during regular college business hours. Call (717) 489-1021
  • College Health Educator, Amanda Cheetham, is available for consultation during regular college business hours. Call (717) 361-1123.
  • Athletic Trainers, Bridget Spooner and Jon Hoynak, is available at (717) 361-1591 (daytime).
Responsible Employees

As noted above, unless you are reporting to one of the “completely confidential” or “mostly confidential” locations, you are reporting to a Responsible Employee.  According to this Policy, whenever a Responsible Employee becomes aware of any information related to a report of sexual harassment, sexual misconduct, sexual exploitation, stalking, dating violence, or domestic violence, the Responsible Employee, as a general matter, must share all relevant details about the alleged incident with the Title IX Coordinator.  This information includes all the details necessary for the College to determine what happened—including the names of the Complainant, Alleged Victim and Reporter, the Respondent(s), and any witnesses, and any other relevant facts, including the date, time and specific location of the alleged incident.  To the extent possible, information reported to a Responsible Employee will be shared only with people responsible for handling the College’s response to the report. A Responsible Employee generally will not share information with local law enforcement without the Alleged Victim’s consent, or unless the Alleged Victim has also reported the incident to law enforcement.

Before a Complainant, Alleged Victim or Reporter reveals any information to a Responsible Employee about an incident covered by this Policy, the Responsible Employee will make all best efforts to ensure that the Complainant, Alleged Victim or Reporter understands the limitations for confidentiality and the obligations to disclose personally identifiable information to College officials.  If the Complainant, Alleged Victim or Reporter prefers to consult with a more confidential resource person, the Responsible Employee should assist with an appropriate referral. 

If the Complainant, Alleged Victim, or Reporter decides to report an incident to a Responsible Employee, but then requests that the Responsible Employee maintain confidentiality or requests that no investigation into the incident be conducted or disciplinary action be taken, the Responsible Employee should inform the Complainant, Alleged Victim or Reporter that the Title IX Coordinator will review the information and consider the request for such confidentiality/non-action, but that confidentiality/non-action cannot be guaranteed.  (See Requests for Confidentiality, below).

The Responsible Employee will never pressure a Complainant, Alleged Victim or Reporter to request confidentiality or pressure the Complainant, Alleged Victim or Reporter to make a full report. 

Aside from the employees previously described as Confidential and Mostly Confidential resources, all other employees of the College are considered Responsible Employees and they must share details of any report with the Title IX Coordinator.  Responsible Employees include, but are not limited to:

  • Campus Security Personnel
  • Resident Assistants and Residence Life Staff
  • Faculty
  • Student Life Staff including Athletic Coaches
  • Club Advisors
  • College Employment Supervisors
Making a Report of Sexual Harassment, Sexual Misconduct, Sexual Exploitation, Stalking, Dating Violence or Domestic Violence

The College encourages prompt reporting of violations of this Policy, but also recognizes that not every individual will decide to make a report, nor does the College require or expect it.

The College strictly prohibits retaliation against any person for making a report, testifying, assisting or participating in any manner in any investigation or proceeding involving allegations of violations this Policy.  The College will take immediate and responsive action to any report of retaliation which is a violation of this Policy.

An individual who is aware of an alleged violation of this Policy may decide to (1) file a criminal complaint only, (2) file a criminal complaint and make a report to the College, (3) make a report to the College, but not file a criminal complaint.

Making a Criminal Complaint to Local Law Enforcement

The College can assist anyone in making a report to local law enforcement. If you would like help making contact with local law enforcement and scheduling a meeting time with a Police Officer or Police Detective, please contact one of the following:

  • Campus Security Director, Andrew Powell, Assistant Director, Dale Boyer, or ask for the supervisor on duty, (717) 361-1264
  • Equity and Title IX Coordinator, Dr. Armenta Hinton, (717) 361-1179, hintona@etown.edu
  • Title IX Deputy Coordinator, Allison Bridgeman, (717) 361-1426. bridgemana@etown.edu

To make a direct report to local law enforcement without assistance from the College, individuals should contact 911 or Lancaster County Wide Communications at (717) 367-1835. The dispatcher will ask for preliminary information like the name of the reporting person, phone number, address, and whether immediate assistance is needed. Lancaster County Wide Communications will then contact the appropriate local law enforcement agency, most likely the Elizabethtown Borough Police Department. Some areas of Elizabethtown are under the jurisdiction of Northwest Regional Police Department. Crimes that occur within the Northwest Regional jurisdiction will be referred to that office. Once the local law enforcement agency is contacted by the Lancaster County Wide Communications, a police officer will contact the reporting person to gather more information and provide resources, like obtaining a restraining order (known locally as a Protection from Abuse order or a Sexual Violence Protection Order) or locations for a sexual assault forensic exam (SAFE). Once local law enforcement has gathered information they may refer the reporting person to a police detective to conduct a more thorough investigation.  Local law enforcement officials are willing to meet with individuals making a report in a location that is comfortable, either on-campus or at the local police department office. 

Reporting a Violation of this Policy to the College

All reports, including any anonymous report, will be taken seriously in order to provide appropriate medical and counseling support and to protect others in our community from further harassment or violence.  The College will uphold core institutional values of human dignity, respect, and social justice as it responds to each report. All parties involved can expect to be treated fairly and respectfully.

NOTE: The College reserves the right to initiate a report, to serve as Complainant, and to investigate allegations of prohibited conduct in appropriate circumstances even in the absence of a report from a member of the college community. Results of any investigation involving prohibited conduct will be documented by the Title IX Coordinator. 

If you wish to make a report of sexual harassment, sexual misconduct, sexual exploitation, stalking, or dating or domestic violence to the College, please contact: 

  • Director or Assistant Director of Campus Security, (717) 361-1264
  • Director of Human Resources, (717) 361-1395
  • Director of Student Rights and Responsibilities, (717) 361-4742
  • Equity and Title IX Coordinator, Dr. Armenta Hinton, (717) 361-1179, hintona@etown.edu
  • Title IX Deputy Coordinator, Allison Bridgeman, (717) 361-1426, bridgemana@etown.edu
  • EC Hotline (provides anonymous report option), Toll free (855) 696-1899 or web-assisted on the EC Hotline webpage
    • Note: Anonymous reports significantly limit the College’s ability to investigate and appropriately address allegations of misconduct.
  • You may also contact a Responsible Employee, as noted above.
Requests for Confidentiality

Sometimes a Complainant, Alleged Victim or Reporter will request confidentiality through the resolution process, even though they have not reported to a confidential source. The College must weigh requests for confidentiality against the College’s obligations to provide a safe, non-discriminatory environment for all students, including the Complainant.  There may be times when the College may not be able to honor a Complainant’s request for confidentiality. Regardless of whether the College can honor this request, the College will always maintain confidentiality of the victim in publicly available record keeping (Timely Warnings, Emergency Notifications, Daily Crime and Fire Log, and the Annual Security and Fire Safety Report) by not disclosing personally identifying information.

If the College honors the Complainant’s request for confidentiality, the individual involved must understand that the College’s ability to meaningfully investigate the incident and pursue disciplinary action will likely be limited.

The Elizabethtown College Equity and Title IX Coordinator, Dr. Armenta Hinton, is designated to evaluate and determine requests for confidentiality in consultation with the College Response Team. The College Response Team is comprised of the Equity and Title IX Coordinator, Title IX Deputy Coordinator, Dean of Students, Associate Provost, Director of Campus Security, and Director of Student Rights and Responsibilities. The membership of the team varies according to the specific report and individuals involved. The Title IX Coordinator and College Response Team will consider the allegation(s), whether the sexual violence was perpetrated with a weapon, whether the report reveals a pattern of perpetration, the respective ages and positions of the Respondent and Complainant (and Alleged Victim, if different), whether the sexual violence was committed by multiple perpetrators, whether there have been previous harassment complaints against the Respondent(s), whether the Respondent has a history of arrests or records indicating a history of violence, whether the Respondent threatened further sexual violence or other violence against the Complainant/Alleged Victim or others, and the Respondent’s right to receive information under the Family Educational Rights and Privacy Act (FERPA).

The presence of one or more of these factors could lead the College to investigate and, if appropriate, pursue disciplinary action.

If the College determines it cannot maintain a request for confidentiality, the College will inform the Complainant/Alleged Victim prior to starting an investigation, and will, to the extent possible, only share information with individuals responsible for handling the College’s response. The College may not require a Complainant or an Alleged Victim, if different, to participate in any investigation or disciplinary process. 

The College will be mindful of the Complainant and Alleged Victim’s well-being and will take steps to protect the Complainant and Alleged Victim from retaliation or harm.  The College will also assist the Alleged Victim in accessing advocacy resources; academic support; counseling, disability, health or mental health services; legal assistance; visa/immigration assistance; and will provide other security and support measures as appropriate, including by issuing a no-contact order, arranging a change of living or work assignment or class schedules (including for the Respondent pending the outcome of an investigation), or making adjustments for assignments or tests, etc.  The College will inform the Complainant and Alleged Victim (if different) of the right to report a crime to local law enforcement and provide assistance if requested.  The College will provide each Alleged Victim with a written brochure outlining their rights, reporting options, and avialable support and assistance.

Because the College is under a continuing obligation to address the issue of sexual violence campus-wide, reports of sexual violence (including general, non-identifying reports) will always prompt the College to consider broader remedial action such as increased monitoring, supervision or security at locations where the reported sexual violence occurred; increasing education and prevention efforts, including to targeted population groups; conducting climate assessments; or revisiting College policies and practices.

Amnesty for Students Who Report Violations

Elizabethtown College encourages the reporting of sexual harassment, including sexual misconduct, sexual exploitation, stalking, and dating and domestic violence and seeks to remove barriers to reporting. Sometimes, students are hesitant to report to College officials because they fear that they themselves may be charged with policy violations, such as underage alcohol consumption. To encourage reporting, the College will generally not seek to hold any student who makes a report under this Policy accountable for their own conduct in that particular circumstance provided the reporter’s misconduct did not jeopardize the health and safety others.  The College may choose to pursue educational remedies for the reporting person(s).

Time Frame for Making a Report

Individuals are encouraged to report allegations of sexual harassment, sexual misconduct, sexual exploitation, stalking, dating violence, and domestic violence immediately.   While there is no time limit to make a report, parties should be aware that delays in reporting may limit the effectiveness of an investigation.  Whenever a report is received, the College will respond and provide appropriate resources.

False Reports

The College very seriously considers all charges of sexual harassment, sexual misconduct, sexual exploitation, dating violence, domestic violence or stalking.  An individual who intentionally submits a falsified report under this Policy will be subject to disciplinary action and sanctioning.

Notification of Parent/Guardian and College Officials

The College reserves the right to notify parents/guardians regarding any health or safety emergency. The College also reserves the right to designate which officials have a need to know about individual conduct complaints pursuant to the Family Educational Rights and Privacy Act.

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Investigation and Resolution of Reports against a Student

All reports that a student-respondent has engaged in sexual harassment, sexual misconduct, sexual exploitation, domestic violence, dating violence, and gender- or relationship-based stalking will be referred to and reviewed by the Equity and Title IX Coordinator who oversees the college’s response.  The College’s response is implemented by the College Response Team: the Dean of Students, Associate Provost, Director of Campus Security, Deputy Title IX Coordinator, and Director of Student Rights and Responsibilities.  The membership of the team may vary according to the specific report and individuals involved.

Investigations and resolution proceedings will be conducted by officials who receive annual training on issues related to sexual harassment, sexual misconduct, sexual exploitation, domestic violence, dating violence, sexual assault, and stalking, as well as how to conduct investigations and resolution proceedings that protect the safety of complainants and promote accountability.

Fact-Finding and Investigation

Fact-finding and investigations vary in scope depending on the nature of the report. In order to support a fair and thorough fact-finding process, the Complainant/Alleged Victim should provide as much detail as possible regarding the identity of the Respondent(s), the time and location of the alleged incident including the presence of any witnesses, the alleged effect of the incident on the Complainant/Alleged Victim, the names of others who may have been subject to similar misconduct under this Policy, any steps the Complainant/Alleged Victim has taken to try to stop the alleged misconduct, and any other information the Complainant/Alleged Victim believes to be relevant to the matter.

An investigation shall be initiated within seven (7) business days after the original report is received by the College and will be completed within two to four weeks in most situations, although the College may determine more time is necessary to complete a thorough review of relevant information.  The Title IX Coordinator will designate an appropriate investigator(s). The investigation may include interviews of the parties involved, including witnesses, and the gathering of other relevant information.  The Complainant and Respondent have the right to bring a support representative to any investigative interview or procedural meeting. (See Rights of Complainant and Respondent below.)

Throughout the investigative process the Complainant and Respondent will have an opportunity to review their respective statements and those of all other parties.  Also, the Complainant and Respondent will be encouraged to submit questions to the investigator(s) in response to these statements. The investigator(s) will convey the questions to the specific party and reserves the right to screen the questions submitted for appropriateness and relevance to the case.

The past sexual history or sexual character of a party is irrelevant and cannot be used for any purpose unless such information relates to a past sexual history between the same Complainant and the same Respondent, or unless the information relates to the Respondent and is determined to be highly relevant by the investigator(s) and the Title IX Coordinator. Such information may be highly relevant, and permitted, only if the Respondent was previously found to be responsible of sexual harassment/sexual misconduct, the previous incident was substantially similar to the present allegation, and information indicates a pattern of behavior and substantial conformity with that pattern by the Respondent.

In cases where there may be a Title IX allegation as well as an allegation of another violation of the Studenet Code of Conduct, the charges may be processed together when they are sufficiently intertwined.  The investigator or Title IX Coordinator may make the decision to proceed with a combined judicial process when a Code of Conduct violation is sufficiently intertwined with a Title IX violation.

Interim Measures

Interim Measures are administrative actions taken during the initial fact-finding or investigative process under this Policy and may be imposed regardless of whether a Complainant/Alleged Victim chooses to pursue disciplinary action or criminal prosecution by reporting the crime to the local police.  Interim Measures, which may be available to the Complainant/Alleged Victim and Respondent, are implemented, when necessary, to protect the individuals involved and to ensure that concerns for safety and emotional and physical well-being are being addressed. The Complainant/Alleged Victim and or Respondent is encouraged to contact either Equity and Title IX Coordinator Armenta Hinton or Deputy Title IX Coordinator Allison Bridgeman, who will assist with activating any number of interim measures. 

Interim Measures may include College issued no-contact directives between the Complainant, Alleged Victim (if different) and the Respondent or others involved, reasonable adjustments in class schedules and assignments, including the ability to drop a course without penalty, modifications to college employment schedules or job assignments, changes in college housing assignments, provision of counseling services and assistance in setting up the initial appointment, providing academic support services such as tutoring, assistance with a referral to disability services, provision of Campus Security escorts to ensure safe movement between classes and other activities, increased security patrol, or any other measures the College deems appropriate.  These administrative actions remain in effect through any appeal process, and to the extent possible the reason for the support and assistance provided to the Victim or Complainant will remain confidential.  The College will provide each Alleged Victim wtih a written brochure outlining their rights, reporting options, and available support and assistance.

In some cases, the College may impose an interim separation for the Respondent or restrict participation in College activities or programs for which the Respondent might otherwise be eligible.  The College may also place a Dean’s Hold on a Respondent’s record, if a student, as appropriate. If the Respondent is a college employee, the College may impose interim measures during the resolution process.  These may include, but are not limited to, interim suspension from responsibilities, restricted access to campus, and relocation of office.

Interim Measures do not replace a resolution pathway which shall proceed according to the defined process.

Resolution Pathways

At the conclusion of the fact-finding and investigative processes, the case may be referred for resolution or it may be closed by the Title IX Coordinator.  There are two pathways for the resolution of allegations against a student: Voluntary Restorative Resolution and Interactive Resolution.  See Diagram.

Voluntary Restorative Resolution (VRR) – Student as Respondent

Some reports of sexual harassment may be resolved through Voluntary Restorative Resolution between the parties at the recommendation of the Title IX Coordinator. Voluntary Restorative Resolution is optional and requires full participation of the Alleged Victim and Respondent. Voluntary Restorative Resolution procedures are never applied in cases of dating violence, domestic violence, stalking, sexual exploitation or other sexual harassment complaints involving violence or non-consensual sexual intercourse.

The Title IX Coordinator may arrange the restorative procedures between the involved parties and coordinate other remedies with the Director of Student Rights and Responsibilities.  The restorative conference will be facilitated by a qualified college official; the College may choose to appoint an external consultant. All Voluntary Restorative Resolution proceedings shall be prompt, fair, impartial, and, absent exigent circumstances, completed within fourteen (14) business days of the initial report.

Once the restorative procedures are complete, written notification to both parties shall be given by the Office of Student Rights and Responsibilities.  Because the outcomes of Voluntary Restorative Resolution dialogues are mutually developed and agreed upon by the parties involved, the outcome of the Voluntary Restorative Resolution is final and an appeal by either party is not permitted.

The College shall take reasonable steps to prevent the recurrence of sexual harassment in any form. If the reoccurrence takes place, those responsible for such behavior may be subject to additional disciplinary action.

Interactive Resolution—Student as Respondent

The Investigator(s) in consultation with the Title IX Coordinator may recommend the case for Interactive Resolution at the conclusion of the investigation into alleged misconduct covered by this Policy.  An investigative report will include an assessment of whether it is more likely than not that the Respondent violated this Policy.  In cases where an investigator(s) determines that it is more likely than not that a violation of this Policy has occurred, the investigator(s) will meet individually with the Complainant and Respondent (and representative if requested) to review the investigative findings, review witness statements and consider additional questions from either party, and recommend an outcome. If both the Complainant and Respondent agree with the proposed decision and sanction(s), the case is closed by the Title IX Coordinator. Both the Complainant and Respondent will receive the agreed upon outcomes in writing from the Office of Student Rights and Responsibilities. If either party disagrees with the decision or proposed sanction(s), the Complainant or Respondent have an opportunity to appeal.

Standard for Determining Responsibility

Consistent with the requirements of the US Department of Education’s Office for Civil Rights, the standard used to determine accountability will be a preponderance of the evidence standard—whether it is more likely than not that the Respondent has violated this Policy.

Decisions made by the investigator(s) in the Interactive Resolution shall be final, pending the normal appeal process, which is explained in more detail below.

All procedural questions about the investigative and resolution processes are subject to the final decision of the Dean of Students.

The Dean of Students has the authority to intervene at any point in the investigation and resolution processes, including the Interactive Resolution, to protect the safety or wellbeing of individuals and the campus community or the integrity of the College and its administrative processes.

The Rights of Complainant and the Respondent

The Complainant and Respondent proceeding under this Policy have the right to a timely process and resolution. Generally, the resolution process—from initial report to decision— will occur within 21-30 business days.  Academic calendar considerations, an appeal process, or other exigent circumstances may result in an extended resolution process.

The Complainant and the Respondent each have the right to be supported by one support representative they choose during the course of any investigative or resolution process under this Policy. The support representative may be any person, including an attorney, but it is important to note that the attorney’s role is limited to that of a support representative, as discussed in more detail below. 

Two days prior to any scheduled resolution meeting or proceeding, the Complainant and Respondent shall provide the name of their support representative, if any, to the investigator or DSRR. The College reserves the right to have its own legal counsel present during these meetings or proceedings.

Delays will not normally be allowed due to the scheduling conflicts of a support representative. Support representatives, including students’ attorneys if applicable, are there to provide emotional support to a party-they cannot speak, respond, or otherwise participate in the meeting.  They may not take notes or otherwise record the proceedings. If a support representative disrupts the process, the support representative may be asked to leave the room, or the meeting may need to be rescheduled and without the presence of that same support representative.

At the conclusion of any resolution process, the College will provide written notification to the Complainant and the Respondent of the outcome, including information about any sanctions, within five (5) business days.

In the case of an Interactive Resolution, once written notification of the outcomes have been received, the parties involved will have the opportunity to appeal the decision and the sanctions. The letter of appeal should be submitted according to the appeal process outlined in this Policy.

Notification of Outcomes

The outcome of and sanctions resulting from a resolution are part of the education record of the Respondent, and generally are protected from release under a federal law, FERPA. However, the College observes the legal exceptions as follows:

  • Complainants in non‐consensual sexual contact/intercourse, sexual misconduct, sexual assault, sexual exploitation, sexual harassment, stalking, domestic violence, and dating violence incidents have a right to be informed of interim actions, Interactive Resolution decision and sanctions, in writing, without condition or limitation.
  • Notification of decision and sanction(s) will be made to both the Complainant and Respondent at the same time.
  • The College may release publicly the name, nature of the violation and the decision and sanction for any student who is found in violation of a College policy that is a “crime of violence,” including: arson, burglary, robbery, criminal homicide, sex offenses, assault, destruction/damage/vandalism of property and kidnapping/abduction. The College will release this information to the Complainant (and Alleged Victim, if different) in any of these offenses regardless of the outcome, in writing.

Decisions, Remedies, and Sanctions in Student Matters

The College reserves the right to take whatever measures it deems necessary in response to an allegation of sexual harassment, sexual misconduct, sexual exploitation, stalking, domestic violence, or dating violence in order to protect the  rights and personal safety of community members. Such measures include, but are not limited to, modification of living arrangements, modification of working arrangements, academic accommodations, interim separation from campus pending a conduct resolution, and reporting to the local police.

Not all forms of such misconduct will be deemed to be equally serious offenses, and the College reserves the right to impose differing sanctions, ranging from a formal warning to expulsion, depending on the severity of the offense.

Disciplinary sanctions are designed to educate students and guide future decision-making. If a student is found responsible for a violation of this Policy, sanctions may be assigned. Appropriate and reasonable sanctions will be based on current and previous violations. Common sanctions are detailed below; however, student conduct administrators may recommend and assign alternative sanctions. More than one sanction may be imposed for a single violation.  Students are required to complete sanctions; failure to comply may result in additional disciplinary action or the activation of a “Dean’s Hold” on the student’s account. Sanctions may be imposed upon groups or organizations as well as individual students.

  • Disciplinary Expulsion is a written notice to the student that the student is permanently separated from the College for disciplinary reasons.  An individual who has been expelled from the College is not permitted on campus for any reason without permission of the Dean of Students. Disciplinary Expulsion is recorded on the student’s permanent transcript; the expelled student will receive a “WF” in all current courses as noted on the student’s permanent transcript. Documents supporting the student conduct decision are maintained in the student’s confidential file for seven years. Parents/guardians, coaches, academic advisors, some academic programs, and co-curricular program advisors may be notified of the student’s status.
  • Disciplinary Suspension is a written notice to the student that the student is separated from the College for one or more semesters.  When a student is placed on Disciplinary Suspension, a Dean’s Hold is activated on the student’s account, the student is not permitted to register for classes, may not be on campus and may not attend any college-sponsored events (on or off campus) without written permission from the Dean of Students or designee.  The suspended student will receive a “WF” in all current courses; the “WF” notation will appear on the student’s permanent transcript. The record of disciplinary suspension is maintained in the student’s confidential file for seven years. In some cases in order to allow the student to complete the current semester, disciplinary suspension may be deferred to begin the following semester.  Special conditions, at the discretion of the Student Conduct Administrator, may apply during a deferred suspension. The College will not accept transfer credits earned at another institution during a period of disciplinary suspension. At the conclusion of the suspension period, the student must petition the Dean of Students in writing for permission to return to the College.  The Dean may require a personal meeting to determine eligibility; return following a disciplinary suspension is not automatic as special conditions or considerations imposed by the Student Conduct Administrator may apply. Approval for re-entry must be secured three weeks prior to the start of the new semester.  Parents/guardians, coaches, academic advisors, some academic programs, and co-curricular program advisors may be notified of the student’s status.
  • Disciplinary Probation is written notice to the student that the student is not in good standing. The duration of the probation is determined by the Student Conduct Administrator. Disciplinary Probation status may negatively impact the student’s ability to participate in certain campus clubs and organizations.  It may also impact the student’s eligibility for study abroad and other off-campus study, tuition remission, certain selective academic programs, campus leadership programs and positions and campus employment opportunities.   Parents/guardians, coaches, academic advisors, some academic programs and co-curricular program advisors may be notified of the student’s probationary status.
  • Disciplinary Notice is a written notice to the student that rises above a warning and carries additional educational sanctions and notifications. A student on Disciplinary Notice should be aware that subsequent violations of the Student Code of Conduct  may jeopardize the student’s good standing with the College.
  • Formal Warning is a written notice to the student that he/she has violated college policy and that continued behavior may lead to more significant disciplinary action.
Other possible sanctions include but are not limited to:
  • Advisor Notification/Conference is notice to the student’s academic advisor, international student advisor or other program advisor. The advisor will be notified that the student has been found responsible for a violation of the Student Code of Conduct , and the student may be required to meet with the advisor.
  • Alcohol/Drug Assessment requires student to complete an alcohol or other drug (AOD) assessment with a college staff counselor or approved off-campus provider.  The cost of an on-campus AOD assessment is $100 and requires two sessions. The student is responsible for the cost of the assessment and must provide evidence of successful completion.
  • Assessment/Counseling/Education requires the student to complete a psychological assessment by a counselor and/or participation in educational sessions facilitated by a professional. Student is responsible for the cost of the assessment, counseling and/or educational program and must provide evidence of successful completion.
  • Athletic Director Notification/Conference is notice to the Department of Athletics. The Athletic Director will be notified that the student athlete has been found responsible for a violation of the Student Code of Conduct and the student athlete may be required to meet with the Athletic Director and/or team coach.
  • BASICS (Brief Alcohol Screening and Intervention of College Students) –Student will meet with a staff counselor to examine alcohol use in a judgment-free two-session process. Fee is $80.
  • CHOICES The student will attend a 90-minute alcohol abuse prevention and harm reduction session. Students are presented with educational information, and are encouraged to reflect in a personal journal on what they have learned as it relates to their choices about drinking.  Fee is $50.
  • College Employer Notification/Conference informs the student’s college employment supervisor that the student is responsible for a violation of the Student Code of Conduct; the student may be required to meet with the supervisor.
  • College Weekend Suspension restricts the student from College property or any college-sponsored event held on/off campus during a designated weekend(s).
  • Community Service requires the student to complete a service project in the College community, surrounding community, or student’s home community.
  • Dean’s Hold blocks the student from registering for classes or selecting housing until expectations from the Office of Student Rights and Responsibilities are satisfied.
  • Dean of Students’ Conference requires the student to meet with the Dean of Students.
  • Educational Project requires the student to review an article or video, write a paper, complete a project, etc. at the discretion of the Student Conduct Administrator.
  • E-CHUG is a free 15-minute online, personalized and confidential, alcohol screening.
  • E-TOKE is a free, 15-minute online, personalized and confidential, marijuana screening.
  • Student Skills for Life Classes – A three-session interactive alcohol/drug education class held on campus. Fee is $85. 
  • Fees and/or Fines may be imposed in conjunction with any sanction at the discretion of the Student Conduct Administrator.
  • Group Deactivation includes removal of College recognition and funding for a specified period of time.
  • Letter of Apology requires student to explain decisions and to apologize for misconduct to members of the community.
  • Loss of Privileges restricts participation in particular activities/programs or campus events. Denial of privileges may include, but is not limited to, ability to represent the College in any way, use of facilities, participation in co-curricular activities, holding a leadership position, housing lottery privileges and housing privileges. Loss of privileges may also apply to groups, athletic teams, clubs and organizations.
  • No Communication/No Contact restricts the student from any contact, whether in person, electronic, or via third parties, with one or more students.
  • Parent /Guardian Notification alerts student found responsible for a Student Code of Conduct  violation that parent/guardian will be notified.
  • Residence Expulsion results in student being permanently removed from college housing.
  • Residence Life Notification—The Director or Associate Director of Residence Life may be notified if a student is found responsible for a violation that impacts other students in residence halls or other College-owned or operated housing.
  • Residence Relocation results in a student being administratively moved to a different on-campus residence.
  • Residence Restriction results in restricted access to certain college housing buildings.
  • Residence Suspension requires the student to terminate occupancy of on-campus residence for a specified period of time. Specific restrictions on access to residence halls during the period of suspension may also be involved.
  • Restitution requires student to make compensation for loss or damage to college property. This may take the form of appropriate service and/or monetary or material replacement.

When determining outcomes, the College will consider the concerns and rights of the Complainant, the Alleged Victim and the Respondent, as well as the broader College community.

Even if criminal justice authorities do not prosecute Elizabethtown College members, the College can pursue disciplinary action.

In cases when students face criminal charges or are the subject of a criminal investigation, the College’s student conduct procedure may be initiated at any time during such investigation or criminal proceedings.  The College’s student conduct procedure will typically not be delayed until outside criminal proceedings are completed.

Any member of the College community found to be retaliating against, harassing or intimidating others who have filed complaints alleging a violation of this Policy face additional, serious disciplinary consequences.

Appeal Process for Students

Either party, Complainant or Respondent, proceeding under this Policy may appeal the decision or sanctions from an Interactive Resolution in writing within five (5) business days of the time of written notification of the outcomes. Decisions rendered by the investigator(s) shall be final until an outcome in the appeal has been determined.  Disciplinary sanctions generally are stayed pending appeal, unless the Director of Student Rights and Responsibilities determines that sanctions should be immediately implemented because the underlying offense involved serious harm to another person or the student otherwise presents a continuing risk of harm or disruption to the community. An appeal must be based on one or more of the following reasons; the Appeal Officer may decide not to hear an appeal if sufficient grounds have not been articulated for an appeal.

  1. There are new facts, unavailable at the time of the Interactive Resolution process that could reasonably be expected to change the original decision.  The student must outline the source of new information, the name(s) of the individual(s) who can present this information, the reason(s) why this information was not available at the time of the Interactive Resolution process, and the reason(s) why this information may contribute to a different decision.
  2. There was a substantial violation of the student conduct procedures that may change the original decision. The student must include a citation of specific procedural error, the reason(s) why the procedural error was not mentioned in the Interactive Resolution, and how the correction of the error can contribute to a different decision.
  3. The sanction imposed was not appropriate for the violation.  The student must include specific information about why the sanction is deemed inappropriate.

The scope of the appeal will be limited to one or more grounds outlined above. The appeal does not trigger a de novo review of the outcome of the Interactive Resolution.  In other words, the Appeal Officer will give deference to the decision of the investigator(s).

Appeal officers will be trained on an annual basis, and will be knowledgeable in both the student conduct process and the issues related to sexual misconduct and sexual violence.

In most cases, the appeal will be completed within ten (10) business days after the receipt of the appeal letter.  There are conditions by which the College may deem it necessary to either expedite or postpone an appeal. If this occurs, there will be a written communication to the Complainant and Respondent. An appeal may be assigned to a specific appeal officer to avoid a conflict of interest or to expedite a review. The Title IX Coordinator will assign an internal appeal officer from a pool of individuals who have received the annual training referenced above or refer the appeal to a qualified third party, prepare relevant documents for the review, and conduct a preliminary meeting with the Appeal Officer to define the scope of the appeal.

The Appeal Officer Will:

  • Review the record only. The record will normally consist of any investigative notes, report, and other relevant materials (including audio recordings, if any), and the decision letter. In some cases, the review may include any relevant new information presented by the student.
  • Provide a final written decision and explanation to the Title IX Coordinator, generally within ten (10) business days after receipt of appeal letter. Some cases may require additional time. The Title IX Coordinator will simultaneously inform the Complainant and Respondent in writing of the appeal outcome within three (3) business days after receiving the written decision from the Appeal Officer.

The Appeal Officer May:

  • Determine the appeal is without merit and uphold the original decision and sanction(s).
  • Determine that new and relevant information presented in the appeal could reasonably alter the underlying outcome determined by the investigator.  In this situation, the Appeal Officer will return the case to the original investigator(s) and ask for consideration of the information and request final determination based on new information.  The Appeal Officer may consult with the Title IX Coordinator to seek a competent, trained, outside party to reach a final determination. 
  • Determine a procedural error was made that likely materially impacted the outcome of the original decision.  In this situation, the Appeal Officer will refer the case to the Dean of Students who may take steps necessary to resolve the complaint or may seek a competent, trained, outside party to reach a final determination.  
  • Determine the sanction(s) should be reconsidered.  In this case the Appeal Officer will refer the appeal to the Dean of Students for the sole purpose of final sanctioning.  See previous section on Sanctions.

Recordkeeping

There shall be a single record, which could include such items as notes or audio recording, of all investigations and resolutions.  Deliberations shall not be recorded. The record shall remain the property of the College.  In terms of publicly available record keeping (Timely Warnings, Emergency Notifications, Daily Crime and Fire  Log, and the Annual Security and Fire Safety Report) the College will never disclose personally identifying information of the Alleged Victim or Complainant.

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Investigation and Resolution of Complaints against Employees and Third Parties

All employees of the College and any special contractors or visitors of the College are expected to adhere to the standards set forth in this Policy. 

Any College community member may file a report of misconduct in violation of this Policy by an employee by contacting any Responsible Employee, or by contacting:

  • Director of Human Resources, Richelyn Penn Mekile, Alpha Hall, 2nd floor, (717) 361-1395
  • Equity and Title IX Coordinator, Dr. Armenta Hinton, Baugher Student Center, Rm 232, (717) 361-1179, hintona@etown.edu
  • EC Hotline (provides anonymous report option), Toll free (855) 696-1899 or web-assisted on the EC Hotline webpage
    • Note: Anonymous reports significantly limit the College’s ability to investigate and appropriately address allegations of misconduct

Complaints against employees will be investigated and resolved according to the procedures described in the Faculty or Employee Handbook, depending on the role of the Respondent.  Complaints may also be reported directly to law enforcement, and assistance will be provided with same as requested.

Individuals may also report any violation of this Policy by third parties, including college vendors, contractors and other campus visitors.  Reports of misconduct by a third party should be reported to:

  • Director of Campus Security, Andrew Powell, (717) 361-1264
  • Equity and Title IX Coordinator, Dr. Armenta Hinton, Baugher Student Center, Rm 232, (717) 361-1179, hintona@etown.edu
  • EC Hotline (provides anonymous report option), Toll free (855) 696-1899 or web-assisted on the EC Hotline webpage
    • Note: Anonymous reports significantly limit the College’s ability to investigate and appropriately address allegations of misconduct.

Complaints against third parties will be investigated and an appropriate response, as possible and based on the status of the alleged perpetrator, will be taken.  In addition, interim measures, as described above, may be implemented.

As noted above, all interim measures, support services, and similar support networks are available for those who suffer misconduct or make reports against employees or vendors, just as they are for those who suffer misconduct by or make reports against students.

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Educational Programming

Elizabethtown College prohibits sex discrimination, sexual misconduct, sexual exploitation, stalking, domestic violence and dating violence and offers educational programming and awareness campaigns to various groups such as: campus personnel (Student Life, Campus Security, coaches, faculty advisors); incoming students participating in Orientation; Resident Assistants and other student leaders.

Educational programming and awareness campaigns will address matters such as: a definition of what constitutes sexual harassment and sexual misconduct (including sexual assault, sexual exploitation, domestic violence, dating violence, and stalking), what to do if assaulted, an explanation of this Policy, how to file charges within the College discipline system and/or with the local police department, campus community resources to assist both the Complainant and the Respondent, and bystander intervention and risk reduction techniques.

Educational programming and awareness campaigns may also address matters such as: the causes of sexual harassment, myths involved with sex harassment, the relationship between sexual harassment, dating violence and alcohol use, the nature of a rape examination, and men’s issues and sexual assault.

 

Written Notification of Available Resoruces

The College makes available to all students and employees information about support and assistance granted to victims of sexual assualt, stalking, dating violence or domestic violence.  The support and assistance the College can provide includes accessing advocacy resources; academic support; counseling, disability, health or mental heatlh services; legal assitance; visa/immigration assistance; and will provide other security and support measures as appropriate, including by issuing a no-contact order, arranging a change of living or work assignment or class schedules (including for the Respondent pending the outcome of an investigation), or makng adjustments for assignments or tests, etc, and assisting with reporting crimes to local law enforcement if the victim chooses.  This information is available via written brochures that are available at several offices around campus including Residence Life, Office of the Dean of Students, Counseling Services, Student Wellness, and Campus Security.  Information on support and assistance can also be found by visiting the College’s Title IX website.

Prevention of Sexual Harassment, Sexual Misconduct, Dating Violence, Domestic Violence and Stalking

Prevention of the conduct prohibited by this Policy requires a commitment from all members of the campus community in order to foster and maintain an optimal environment for learning and development. Elizabethtown College, the Division of Student Life and the Office of Human Resources promote a campus climate in which individuals will use their best judgment to assist with situations if it is safe to do so. It is our goal to create a caring and responsible community. To assist in supporting this type of community, the following suggestions are provided. 

  • Active bystanders are those who address biased and/or sexist attitudes and beliefs to challenge behaviors that support sexual violence.
  • Avoid being a passive bystander to situations which could potentially evolve into sexual misconduct. Pay attention to the verbal and non-verbal signals of those around you and intervene in situations where a friend or acquaintance may be at risk for assault.
  • Simply checking in with someone can interrupt the potential for something bad happening. Ask yourself, “If I were in this situation, would I want someone to help me?”
  • Encourage your friends to show respect for others by respecting their boundaries, physical and otherwise. This includes a personal decision to be alcohol-or drug-free.
  • Know that if a person is drunk, the individual cannot consent to sex.
  • Keep campus emergency numbers in your cell phone, iPod or other device and call for help.
  • Make a report of the incident by contacting Campus Security or using the online incident report form available on the Campus Security homepage.
Warning Signs of Abusive Behavior

Dating and domestic violence occur in all socio-economic, educational, racial, and age groups. The issues of power and control are at the heart of this type of violence. The batterer uses acts of violence and a series of behaviors to gain power and control.

Behavioral Signs:
  • Intimidation: Smashing things, abusing pets, destroying victim’s property, displaying weapons.
  • Threats: Making and/or carrying out threats to harm the victim, to commit suicide, to report the victim to child welfare, to make the victim drop charges.
  • Isolation: Controlling what the victim does, sees, and reads, limiting who the victim talks to.
  • Emotional abuse: Putting the victim down, calling the victim names, making the victim think of themselves as crazy, playing mind games.
Warning Signs:
  • Someone involved in an abusive relationship might display certain behavioral signs including:
  • Inconsistent explanations: Victims may provide inconsistent explanations as to the cause of their injuries due to fear of alerting others to the severity of their situation.
  • Alcohol abuse: Victims may use alcohol as a means of escape from their everyday reality of abuse.
  • Injuries in multiple stages of healing: Bruises are the most common form of injury and have the following stages of healing: purple to green to yellow.

–From RAINN (Rape, Abuse, and Incest National Network)

Alcohol or Other Drugs: Engaging in sexual contact while under the influence of alcohol or other drugs is risky behavior because individual judgment can be impaired and communication about consent misunderstood. Students should be aware of the other person’s level of intoxication.  Intoxication or drug use that is incapacitating negates consent, and your own level of intoxication is not a defense.

Registered Sex Offender Information

The Campus Sex Crimes Prevention Act (CSCPA) of 2000 is a Federal law that provides for the tracking of convicted sex offenders enrolled or employed at institutions of higher education.  The Federal law requires institutions of higher education to issue a statement advising the campus community where law enforcement agency information provided by a State concerning registered sex offenders may be obtained. It also requires sex offenders already required to register in a State to provide notice, as required under State law, of each institution of higher education in that State at which the person is employed, carries on a vocation, or is a student. The names of any of these registered offenders is maintained and available online through the Pennsylvania State Police by visiting www.pameganslaw.state.pa.us. The CSCPA further amends the Family Educational Rights and Privacy Act of 1974 (FERPA) to clarify that nothing in the act can prohibit an educational institution from disclosing information provided to the institution concerning registered sex offenders.

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Title IX

Elizabethtown College is committed to providing a learning, working and living environment that promotes personal integrity, civility and mutual respect in an environment free of sex discrimination and sexual harassment, sexual misconduct, sexual exploitation, stalking, dating violence and domestic violence. Title IX of the Educational Amendment Act of 1972 states that: No person in the United States, shall on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal assistance. Sex discrimination violates an individual’s fundamental rights and personal dignity. Students, employees, and college visitors are encouraged to contact the Title IX Coordinator with questions or comments about this Policy:

Title IX Coordinator and Deputy

Elizabethtown College has designated a Title IX Coordinator for all matters related to sex discrimination at the College, and to coordinate the efforts of the College to comply with Title IX law:

  • Equity and Title IX Coordinator, Dr. Armenta Hinton, Baugher Student Center, Rm 232, (717) 361-1179, hintona@etown.edu
  • Title IX Deputy Coordinator, Allison Bridgeman, Associate Dean of Students and Director of Residence Life, Residence Life Office, (717) 361-1426, bridgemana@etown.edu

Questions about the application of Title IX at Elizabethtown College should be directed to Dr. Hinton or to the Office of Civil Rights, Department of Education, Washington, D.C., www2.ed.gov/about/offices/list/ocr.

The Title IX Coordinator:

  • helps to ensure that the College is in compliance with Title IX’s administrative requirements;
  • coordinates the implementation and administration of the College’s procedures for resolving Title IX complaints, including educating the campus community on how to file a complaint alleging a violation of Title IX, investigating complaints, working with law enforcement when necessary, and ensuring that complaints are resolved promptly and appropriately;
  • coordinates the College’s response to all complaints involving possible sex discrimination to monitor outcomes, identify and address patterns, and assess effects on the campus climate;
  • monitors students’ participation in athletics and across academic fields to identify programs with disproportionate enrollment based on sex and ensure that sex discrimination is not causing any disproportionality or otherwise negatively affecting a student’s access to equal educational opportunities;
  • provides training and technical assistance on College policies related to sex discrimination and develop programs on issues related to Title IX to assist the institution in making sure that all member of the campus community, including students and staff, are aware of their rights and obligations under Title IX;
  • regularly assesses the adequacy of current training opportunities and programs and proposes improvements as appropriate; and
  • is available to meet with members of the campus community, including employees and students, as needed to discuss any issues related to Title IX.

 

Revised 10.12.15

ADDENDUM

Local Laws – Commonwealth of PA

While dating violence is not a specific crime in Pennsylvania, the act of dating violence would be covered under existing statutes related to assault and/or domestic abuse.

Pennsylvania law defines domestic abuse as an occurrence of one or more of the follow acts between family or household members, sexual or intimate partners or persons who share biological parenthood: (1) Attempting to cause or intentionally, knowingly or recklessly causing bodily injury, serious bodily injury, rape, involuntary deviate sexual intercourse, sexual assault, statutory sexual assault, aggravated indecent assault, indecent assault or incest with or without a deadly weapon. (2) Placing another in reasonable fear of imminent serious bodily injury. (3) The infliction of false imprisonment (4) Physically or sexually abusing minor children or (5) Knowingly engaging in a course of conduct or repeatedly committing acts toward another person, including following the person, without proper authority, under circumstances which place the person in reasonable fear of bodily injury. (23 Pa. C.S.A §6102).

Pennsylvania law defines stalking when a person either: (1) engages in a course of conduct or repeatedly commits acts toward another person, including following the person without proper authority, under circumstances which demonstrate either an intent to place such other person in reasonable fear of bodily injury or to cause substantial emotional distress to such other person; or (2) engages in a course of conduct or repeatedly communicates to another person under circumstances which demonstrate or communicate either an intent to place such other person in reasonable fear of bodily injury or to cause substantial emotional distress to such other person. (18 Pa. C.S.A § 2709.1).

Pennsylvania law applies the following definitions to sexual offenses:

“Complainant.” An alleged victim of a crime under this chapter.

“Deviate sexual intercourse.” Sexual intercourse per os or per anus between human beings and any form of sexual intercourse with an animal. The term also includes penetration, however slight, of the genitals or anus of another person with a foreign object for any purpose other than good faith medical, hygienic or law enforcement procedures.

“Forcible compulsion.” Compulsion by use of physical, intellectual, moral, emotional or psychological force, either express or implied. The term includes, but is not limited to, compulsion resulting in another person’s death, whether the death occurred before, during or after sexual intercourse.

“Foreign object.” Includes any physical object not a part of the actor’s body.

“Indecent contact.” Any touching of the sexual or other intimate parts of the person for the purpose of arousing or gratifying sexual desire, in any person.

“Serious bodily injury.” As defined in section 2301(relating to definitions).

“Sexual intercourse.” In addition to its ordinary meaning, includes intercourse per os or per anus, with some penetration however slight; emission is not required.

(18 Pa. C.S.A. §3101).

Pennsylvania law defines rape as a felony in the first degree when a person engages in sexual intercourse with a complainant:(1) by forcible compulsion; (2) by threat of forcible compulsion that would prevent resistance by a person of reasonable resolution;  (3) who is unconscious or where the person knows that the complainant is unaware that the sexual intercourse is occurring; (4) where the person has substantially impaired the complainant’s power to appraise or control his or her conduct by administering or employing, without the knowledge of the complainant, drugs, intoxicants or other means for the purpose of preventing resistance; or (5) who suffers from a mental disability which renders the complainant incapable of consent. (18 Pa. C.S.A. § 3121).

Pennsylvania law defines statutory sexual assault as a felony in the second degree when a person engages in sexual intercourse with a complainant to whom the person is not married who is under the age of 16 years and that person is either: (1) four years older but less than eight years older than the complainant; or (2) eight years older but less than 11 years older than the complainant. Statutory sexual assault is considered a felony in the first degree when a person engages in sexual intercourse with a complainant under the age of 16 years and that person is 11 or more years older than the complainant and the complainant and the person are not married to each other. (18 Pa. C.S.A §3122.1).

Pennsylvania law defines involuntary deviate sexual intercourse as a felony in the first degree when a person engages in deviate sexual intercourse with a complainant:(1) by forcible compulsion; (2) by threat of forcible compulsion that would prevent resistance by a person of reasonable resolution; (3) who is unconscious or where the person knows that the complainant is unaware that the sexual intercourse is occurring; (4) where the person has substantially impaired the complainant’s power to appraise or control his or her conduct by administering or employing, without the knowledge of the complainant, drugs, intoxicants or other means for the purpose of preventing resistance; (5) who suffers from a mental disability which renders him or her incapable of consent; or(6) (Deleted by amendment); (7) who is less than 16 years of age and the person is four or more years older than the complainant and the complainant and person are not married to each other. (18 Pa. C.S.A. §3123).

Pennsylvania law defines sexual assault as a felony in the second degree when, except as provided in section 3121 (relating to rape) or 3123 (relating to involuntary deviate sexual intercourse), a person engages in sexual intercourse or deviate sexual intercourse with a complainant without the complainant’s consent. (18 Pa. C.S.A. §3124.1).

Pennsylvania law defines aggravated indecent assault as an occurrence, except as provided in sections 3121(relating to rape), 3122.1 (relating to statutory sexual assault), 3123 (relating to involuntary deviate sexual intercourse) and 3124.1 (relating to sexual assault), where a person who engages in penetration, however slight, of the genitals or anus of a complainant with a part of the person’s body for any purpose other than good faith medical, hygienic or law enforcement procedures commits aggravated indecent assault if:(1) the person does so without the complainant’s consent;(2) the person does so by forcible compulsion;(3) the person does so by threat of forcible compulsion that would prevent resistance by a person of reasonable resolution;(4) the complainant is unconscious or the person knows that the complainant is unaware that the penetration is occurring;(5) the person has substantially impaired the complainant’s power to appraise or control his or her conduct by administering or employing, without the knowledge of the complainant, drugs, intoxicants or other means for the purpose of preventing resistance;(6) the complainant suffers from a mental disability which renders him or her incapable of consent;(7) the complainant is less than 13 years of age; or(8) the complainant is less than 16 years of age and the person is four or more years older than the complainant and the complainant and the person are not married to each other. (18 Pa. C.S.A. §3125).

Pennsylvania law defines indecent assault when a person has indecent contact with the complainant, causes the complainant to have indecent contact with the person or intentionally causes the complainant to come into contact with seminal fluid, urine or feces for the purpose of arousing sexual desire in the person or the complainant and: (1) the person does so without the complainant’s consent; (2) the person does so by forcible compulsion; (3) the person does so by threat of forcible compulsion that would prevent resistance by a person of reasonable resolution; (4) the complainant is unconscious  or the person knows that the complainant is unaware that the indecent contact is occurring; (5) the  person has substantially impaired the complainant’s power to appraise or control his or her conduct by administering or employing, without the knowledge of the complainant, drugs, intoxicants or other means for the purpose of preventing resistance; (6) the complainant suffers from a mental disability which renders the complainant incapable of consent; (7) the complainant is less than 13 years of age; or (8) the complainant is less than 16 years of age and the person is four or more years older than the  complainant and the complainant and the person are not married to each other. (18 Pa. C.S.A. 3126).