POLICY REGARDING SEXUAL HARASSMENT, SEXUAL MISCONDUCT, SEXUAL EXPLOITATION, STALKING, DATING VIOLENCE AND DOMESTIC VIOLENCE INVOLVING STUDENT RESPONDENTS
Title IX of the Education 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.
If the College knows or reasonably should know of possible sex discrimination, it must take immediate and appropriate steps to investigate or otherwise determine what occurred (subject to the confidentiality provisions discussed on page 10). If an investigation reveals that sex discrimination has created a hostile environment, the College must then take prompt and appropriate action to end the discrimination, remedy the effects and prevent its recurrence.
In addition to Title IX, Section 304 of the Violence Against Women Reauthorization Act of 2013 prohibits sexual assault, dating violence, domestic violence and stalking. These behaviors, as defined by the Clery Act, are prohibited by the College and will be resolved under this Policy in all circumstances.
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. This Policy specifically focuses on allegedly inappropriate behavior by students. If you are aware of inappropriate behavior by an employee or third party, please see the information regarding complaints against employees or third parties.
Elizabethtown College takes violations of this Policy very seriously. Any person found in violation of this Policy will be subject to discipline, up to and including termination or release if they are an employee, or expulsion if they are a student.
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 the educational programs and activities of the College.
Sexual harassment can be committed by individuals of any sex against individuals of any sex including those who are transgender or gender-neutral. Sexual harassment sometimes involves a person in a greater position of authority than the person being harassed; however, 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 sexual harassment.
While sexual harassment encompasses a wide range of conduct, some examples of specifically prohibited conduct include:
- Promising, directly or indirectly, a reward to an individual if the person complies with a sexually oriented request.
- Threatening, directly or indirectly, retaliation against an individual, if the person refuses to comply with a sexually oriented request.
- Denying, directly or indirectly, an individual employment or education related opportunity, if the individual refuses to comply with a sexually oriented request.
- Engaging in unwelcome sexually suggestive conversation or physical contact of a sexual nature.
- Displaying unwanted offensive, obscene photos, posters, or other sexually oriented materials; distributing unwanted sexually offensive materials.
- Engaging in indecent exposure.
- Making sexual or romantic advances toward an individual and persisting despite the individual’s express rejection of the advances.
- Retaliating or threatening to retaliate against an individual who makes a report of misconduct under this Policy.
- 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.
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, them, or a third person 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 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 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: non‐consensual observation of individuals who are undressed or engaging in sexual acts; non-consensual video or audio‐taping 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 a sexually transmitted infection (STI) or the human immunodeficiency virus (HIV) to another.
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.
Appeal Officer means a trained individual authorized by the Title IX Coordinator to consider an appeal of an Investigator’s determination of responsibility or the College’s imposition of sanctions under this Policy.
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 alleging that of any portion of this Policy has been violated.
Respondent means any individual or student organization 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. If an individual communicates that they do not consent to sexual activity (either a particular act or any sexual activity, generally), the continued use of pressure could be viewed as coercion. Consent can never be obtained by coercion.
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.
While consent is not defined by Pennsylvania law, a person commits a sexual offense in Pennsylvania if done so by forcible compulsion, which is defined as “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.” (18 Pa. C.S.A. §3101)
Backup Administrator on Call (BAOC) is the Student Life Administrator or designee managing student emergency response.
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 college-appointed employee or third party who conducts fact finding, leads the investigative process, and determines responsibility under this Policy.
Witness means any individual who has seen, heard, or otherwise knows or has information about a violation or potential violation of this Policy.
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 sex discrimination as defined in this Policy, which includes 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.
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, dating violence,domestic violence or stalking, preserve physical evidence that may assist in proving that the alleged criminal offense occurred or that may be helpful in obtaining a protection order. (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.) Make certain that the incident area is not disturbed. 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.) For crimes of stalking, the individual should preserve all instances of unwanted communications (texts, e-mails, social media posts) and keep a log of unwanted phone calls. For crimes of dating violence or domestic violence, pictures of injuries should be taken.
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 Police Department 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. 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. You also have the right to decline to notify law enforcement of a crime of sexual assualt, dating violence, domestic violence, or stalking if offered the option.
Some individuals may prefer to work directly with Off-campus Counselors, Advocates and Health Care Providers who generally maintain confidentiality and will not share information with others unless the client requests disclosure and signs a consent or waiver form. The actual confidentiality afforded by these providers and agencies may vary, and you should ask when you first call.
Confidential resources for an immediate or emergency response include:
- Elizabethtown College Counseling Services (for student Complainants) – Students may call 717.361.1111 to request to speak to a confidential counselor.
- YWCA Lancaster Sexual Assault Prevention & Counseling Center 24/7 Hotline – 717.392.7273
- Penn State Hershey Medical Center – Emergency Room – 500 University Dr., Hershey, PA 17033, 717.531.8333
- Lancaster General Hospital – Emergency Room – 555 N. Duke Street, Lancaster, PA 17602, 717.544.5122
- UPMC Pinnacle Harrisburg Campus - 111 South Front Street, Harrisburg PA 17101 Phone: 717.782.3131
- Penn State Medical Group 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 an individual may not require or want immediate emergency assistance or may need more time before sharing any information about the incident. An individual may feel more comfortable sharing details about an incident of sexual misconduct with someone they know, such as an academic advisor, campus work supervisor, or coach and choose to seek advice from them about the college process or college resources before deciding on next steps.
This is completely understandable; however, 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 process from the initial investigation to the final result of these reports of sexual misconduct. There are exceptions, which will now be explained.
Completely Confidential Reporting Locations for Students
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 student 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, available at 717.361.1405 (daytime)
- College Health Liaison is available for consultation during regular college business hours. Call 717.489.1021
- Assistant Director of Health Promotion is available for consultation during regular college business hours. Call 717.361.1123.
- Athletic Trainer available at 717.361.1591 or 717.361.1564 during regular college business hours.
As noted above, unless an individual is making a report at a “completely confidential” location or a “mostly confidential” location, they are reporting to a Responsible Employee of the College. 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 no 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/ No Action, 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.
Confidential community resources for an immediate or emergency response include:
- YWCA Lancaster Sexual Assault Prevention & Counseling Center 24/7 Hotline – 717.392.7273
- Penn State Hershey Medical Center – Emergency Room – 500 University Dr., Hershey, PA 17033, 717.531.8333
- Lancaster General Hospital – Emergency Room – 555 N. Duke Street, Lancaster, PA 17602, 717.544.5122
- UPMC Pinnacle Harrisburg Campus - 111 South Front Street, Harrisburg PA 17101 Phone: 717.782.3131
- Penn State Medical Group 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)
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.
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 of sexual assault, dating violence, domestic violence, or stalking 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:
605 S. Mt. Joy Street
- Equity and Title IX Coordinator (Monday-Friday; regular business hours)
Dr. Armenta Hinton
Nicarry 236 & 237
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 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.
If you have experienced domestic violence, dating violence, stalking, or sexual violence by a current or former intimate partner, you have the right to go to court and receive a Protection from Abuse Order. A Protection from Abuse Order can include: Restrain the abuser from further acts of abuse; keep the abuser from entering your home, school or work; require the abuser to give up all weapons while the order is in effect; tell the abuser to stop stalking or harassing you or other persons in your family. The PFA process usually starts by filling out a form called a “petition” at the local county courthouse. For Elizabethtown College students the petition should be filed at the Lancaster courthouse, 50 North Duke Street, Lancaster, PA 17602.
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.
Students or employees who wish to make a report of sexual harassment, sexual misconduct, sexual exploitation, sexual assault, stalking, or dating or domestic violence to the College, may do so in person, by phone, or electronically by contacting:
- Equity and Title IX Coordinator
Dr. Armenta Hinton
Nicarry 236 & 237
- Director or Assistant Director of Campus Security
- ECTipline (provides anonymous report option)
Toll free 855.696.1899 or web-assisted on the ECTipline webpage
Note: Anonymous reports significantly limit the College’s ability to investigate and appropriately address allegations of misconduct.
Other than using the on-line ECTipline option, there are no forms required to file a complaint with the College.
In cases when students make a report of an alleged violation under this Policy to any other Responsible Employee, the case will be referred immediately to the Title IX Coordinator.
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.
Requests for Confidentiality or Non-Action
Sometimes a Complainant, Alleged Victim or Reporter will request confidentiality or that no disciplinary action be taken by the College even though they have not reported to a confidential resource person. The College must weigh requests for confidentiality/non-action 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/non-action. Regardless of whether the College can honor this request, the College will always maintain confidentiality of the victim in publicly available record keeping (including but not limited to 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 Title IX Coordinator is designated to evaluate and determine requests for confidentiality/non-action in student matters and may, in their discretion, consult with the Director of Campus Security and/or the Director of Student Rights and Responsibilities. This evaluation 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 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 Complainant’s right to receive information under the Family Educational Rights and Privacy Act (FERPA) if the Complainant is a student.
The presence of one or more of these factors could lead the College to investigate and, if appropriate, pursue disciplinary action.
If the review team determines it cannot maintain a request for confidentiality/non-action, the Title IX Coordinator will inform the Complainant/Alleged Victim prior to authorizing 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; transportation; 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 available 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, sexual assault, 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 immediately allegations of any violation of this Policy. 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.
The College very seriously considers all charges of sexual harassment, sexual misconduct, sexual exploitation, sexual assault, 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 student 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.
Investigation and Resolution of Reports against a Student
All reports that student has engaged in sexual harassment, sexual misconduct, sexual exploitation, domestic violence, dating violence, and stalking will be referred to and reviewed by the Title IX Coordinator who oversees the college’s response. Investigations and resolution proceedings will be conducted by professionals who receives 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. The investigator may be an employee of the College or a third party retained by the College to conduct an investigation.
The President of the College has the authority to intervene in the investigation and resolution processes under this policy, as deemed necessary, to maintain the safety of individuals, to protect property, to ensure continuation of the educational process and to preserve the integrity of the College.
Fact-Finding and Investigations
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 will be initiated within five (5) 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 based on the circumstances of the investigation into the alleged sexual harassment. The Title IX Coordinator will designate an appropriate investigator(s) and will send an official notice of investigation to the Complainant and Respondent. 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 or witnesses. Also, the Complainant and Respondent may submit questions to the Investigator in response to these statements. The Investigator 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 an allegation under this Policy as well as an allegation under a different College policy, the charges may be processed together with approval from the Title IX Coordinator if the charges are sufficiently intertwined.
Some cases may include allegations that a student violated this Policy and separately violated a different section of the Student Code of Conduct. Where those alleged violations arise from the same alleged conduct or occurrences, or where the alleged conduct or occurrences are reasonably interrelated, the Title IX coordinator, in consultation with the Director of Community Living, may consolidate the investigation and adjudication of those alleged violations. Consolidated cases will be investigated and adjudicated under the procedures of this Policy. In adjudicating alleged violations of the Student Code of Conduct that are not also violations of this Policy, the College will follow the definitions and related terms of the Student Code of Conduct.
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 by the Title IX Coordinator, 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 or Respondent are encouraged to contact the Title IX Coordinator for assistance with activating any number of interim measures.
Interim Measures may include, but are not limited to: 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 work schedules, work locations or responsibilities; paid interim suspension from employment-related responsibilities for employees; interim separation of a student from the College; changes in college housing assignments; restricted campus access; campus office relocation; 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. In some cases, the Title IX Coordinator may restrict participation in College activities or programs for which the Respondent might otherwise be eligible. The College may also place a VP for Student Life’s Hold on a student Respondent’s record, as 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 Alleged Victim or Complainant will remain confidential.
The College will provide each Alleged Victim, via their official College email address, with a written brochure outlining the available interim measures, their rights, reporting options, and available support and assistance, regardless of whether the offense took place on or off campus.
Interim Measures do not replace a Resolution Pathway, defined below, which will proceed according to the defined process.
Resolution Pathways for Complaints against a Student Respondent
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 Resolution Pathways for the resolution of allegations under this Policy: 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, and possibly at a very early stage of the fact finding and investigation process. 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 Community Living. The restorative conference will be facilitated by a qualified college official or external consultant appointed by the College. 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, simultaneous written notification to both parties shall be given by the Title IX Coordinator. 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 will take reasonable steps to prevent the recurrence of sexual harassment in any form. If future sexual harassment occurs, those responsible for such behavior may be subject to additional disciplinary action.
Interactive Resolution (IR) – Student as Respondent
At the conclusion of an authorized investigation, the Investigator will make a recommendation to the Title IX Coordinator regarding the disposition of the complaint in a formal written report. The Investigator may (a) recommend that the case be closed due to lack of evidence to support the claim, or (b) find that it is more likely than not that the Respondent violated this Policy. If there is a preponderance of information to support a violation of this Policy, the Title IX Coordinator will consult with the Director of Community Living to review the findings and assign sanctions. The Title IX Coordinator will then authorize an Interactive Resolution meeting. During this meeting, the Investigator and Title IX Coordinator will meet individually with the Complainant and Respondent (including support representatives of either student, if requested) to review the investigative findings and consider additional questions from either party, as necessary, and review the sanctions.
Both the Complainant and Respondent will receive the outcomes in writing from the Title IX Coordinator with a copy to the Director of Community Living. The college will simultaneously notify the Complainant and Respondent. If either party disagrees with the decision or sanction(s), the Complainant or Respondent has 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 responsibility is a preponderance of the evidence –whether it is more likely than not that the Respondent violated this Policy.
Decisions made 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 related to students as Respondents under this Policy are subject to the final decision of the Title IX Coordinator.
The Rights of Complainant and the Respondent under this Policy
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 take two to four weeks, excluding any appeal. Academic calendar considerations, an appeal process, or other exigent circumstances may result in an extended resolution process.
The Complainant (and Alleged Victim if different) and the Respondent each have the right to be accompanied by one support representative of their choice, also known as the advisor of choice under the Clery Act, 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 must provide the name of their support representative, if any, to the investigator or Title IX Coordinator; otherwise, the College reserves the right to prohibit a Complainant’s or Respondent’s support representative from attending any resolution meeting or proceeding. 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 an attorney, 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, including but not limited to failing to abide by this Policy or related instructions from authorized representatives of the College, the support representative may be asked to leave the room, or the meeting may need to be rescheduled without the presence of that same support representative.
Both the Complainant and Respondent will have the opportunity to view the report and respond to the report in advance of the decision of responsibility and prior to the final outcome meeting.
At the conclusion of any resolution process, the College will provide simultaneous 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 has 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 student Respondent’s confidential student conduct record. A complete case file is maintained by the Title IX Coordinator.
- Complainants under this Policy have a right to be informed of interim measures. Only information which directly impacts the Complainant’s rights under this Policy will be shared.
- Notification of decision and sanction(s) and how to appeal will be made to both the Complainant and Respondent at the same time through a confidential letter from the Title IX Coordinator with a copy to the Director of Community Living and the Vice President for Student Life.
- The College may release publicly the name, nature of the violation and the decision and sanction for any employee 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
Written notification of the outcome of the College’s investigation into an alleged violation of this Policy will be issued, via College email, by the Title IX Coordinator with a copy to the Director of Community Living and the Vice President for Student Life. The College will simultaneously notify both the Complainant and Respondent. The written notification will be deemed to be received on the date the notification is sent via email.
The College reserves the right to take whatever measures it deems necessary in response to an allegation of sexual harassment, sexual misconduct, sexual exploitation, sexual assault, stalking, domestic violence, or dating violence in order to protect the rights and personal safety of community members.
If a student is found responsible for a violation of this Policy, sanctions may be assigned. The Title IX Coordinator will consult with the Director of Community Living to determine appropriate sanctions. Appropriate and reasonable sanctions will be based on the Respondent’s current and previous violations. When determining sanctions, the College will consider the concerns and rights of the Complainant, the Alleged Victim, the Respondent, and the broader campus community.
Not all forms of such misconduct will be deemed to be equally serious offenses, and the College reserves the right to impose differing sanctions for students depending on the severity of the offense. The College reserves the right to refer any report of a violation of this Policy to the local police or other law enforcement agencies, although it typically will not do so if the Alleged Victim objects to such reporting. Even if criminal justice authorities do not prosecute Elizabethtown College members, the College can pursue disciplinary action.
In cases when a student faces criminal charges or is the subject of a criminal investigation, the College’s response may be initiated at any time during such investigation or criminal proceedings. Consistent with the guidance from the U.S. Department of Education, the College’s response will typically not be delayed due to the pendency of a criminal investigation or prosecution.
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, or who otherwise participates in any resulting investigations, will face additional disciplinary consequences.
Disciplinary sanctions are designed to educate students and guide future decision-making. Common sanctions are detailed below. 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 “VP for Student Life’s Hold” on the student’s account. Sanctions may be imposed upon groups or organizations as well as individual students.
A student found responsible for a violation of the sexual misconduct policy is subject to one or more of the following sanctions:
- 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 Vice for Student Life. 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 VP for Student Life’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 VP for Student Life or designee. The suspended student will receive a “WF” in all current courses; the “WF” notation will appear on the student’s permanent transcript. Disciplinary Suspension will be noted on the student’s transcript through the length of the suspension period. 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 VP for Student Life in writing for permission to return to the College. The VP for Student Life 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. Students who receive a sanction of disciplinary suspension will permanently forfeit their merit scholarship (if applicable). The merit scholarship will not be reinstated, even if the student is eligible to return after the suspension period has ended. The record of disciplinary suspension is 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 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:
- 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.
- 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.
- BASICS (Brief Alcohol Screening & Intervention of College Students) –Student will meet with a staff counselor to examine alcohol or other drug 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.
- 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.
- Education requires the student to participate in an educational session facilitated by a professional. Student is responsible for the cost of the educational program and must provide evidence of completion.
- 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 $125
- Fees 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 under this Policy that parent/guardian will be notified of that violation.
- Residence Expulsion results in student being permanently removed from college 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. At the conclusion of the residential suspension period, the student must petition the Director of Community Living in writing for permission to return to the College. The Director of Community Living may require a personal meeting to determine eligibility; return following a residential suspension is not automatic. Approval for re-entry into residential housing must be secured three weeks prior to the start of the new semester.
- 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.
- Student Life Conference requires the student to meet with the VP for Student life or designee.
- VP for Student Life Hold blocks the student from registering for classes until expectations from the Office of Community Living are satisfied.
Either party, Complainant or Respondent, proceeding under this Policy may appeal the decision or sanctions from an Interactive Resolution within five (5) business days after the date of written notification of the outcomes. The written notification of outcomes also contains information on the right to appeal. To initiate an appeal, the Complainant or Respondent must submit a signed writing to the Title IX Coordinator within five (5) business days after the date of written notification of the outcomes. An e-mail from the College e-mail address of the Complainant or Respondent, respectively, is deemed to be a signed writing for purposes of this Policy. Disciplinary sanctions are generally stayed pending appeal, unless the Title IX Coordinator, in consultation with the Director of Student Rights & Responsibilities, determines, in their sole discretion, that sanctions should be immediately implemented because the underlying offense involved serious harm to another person or the Respondent 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 only; the Appeal Officer, in their sole discretion, may decide not to hear an appeal if sufficient grounds have not been articulated for an appeal.
- There is new information, unavailable at the time of the Interactive Resolution process that could reasonably be expected to change the original decision. The party 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 outcome.
- There was a substantial procedural error during the Policy process that may change the original decision. The party must include a citation of specific procedural error, the reason(s) why the procedural error was not mentioned during the course of the investigative or Interactive Resolution process, and how the correction of the error could contribute to a different outcome.
- One or more sanctions imposed is substantively disproportionate to the violation. The party must include specific information about why the sanction is believed to be substantively disproportionate to the violation of the Policy.
The appeal must articulate, with specificity, which of the three above reasons forms the basis of the appeal. The Appeal Officer will not consider any of the above reasons that is not specifically raised and discussed in the appeal.
The scope of the appeal will be limited to one or more grounds outlined above. The Appeal Officer will not consider another ground for appeal than those listed 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.
Appeals will be reviewed by the Vice President for Student Life when the Respondent is a student. The appeal officer will receive annual professional development, and will be knowledgeable in both the Interactive Resolution process and all prohibited conduct under this Policy. An appeal may be assigned by the Title IX Coordinator to a qualified external third party in order to avoid a conflict of interest or to expedite the review.
In most cases, the appeal will be completed within ten (10) business days after the receipt of the appeal letter. The Title IX Coordinator may expedite or postpone an appeal based on the circumstances of the case, including but not limited to the timing of the appeal relative to the College’s academic calendar. If this occurs, there will be a written communication to the Complainant and Respondent from the Title IX Coordinator. The Title IX Coordinator will prepare relevant documents for the appellate 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 appropriate cases, the review may include any relevant new information presented by the Complainant or Respondent.
- 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 then simultaneously inform the Complainant and Respondent in writing of the appeal outcome, including whether there was a change to the result and that the result is final, 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(s). 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. Or, the Appeal Officer may consult with the Title IX Coordinator to seek a competent, trained, outside party to review the new and relevant information and 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 consult with the Title IX Coordinator to seek a competent, trained, outside party to evaluate the impact of the error, if any, and reach a final determination. This could involve a new investigation, in whole or in part, if, in the sole discretion of the outside party, the procedural error was so significant that a new investigation is warranted.
- Determine the sanction(s) should be reconsidered. In this case the Appeal Officer will determine final sanctions.
There is a single record, which could include such items as notes or audio recording, of all investigations and resolutions. The record is the property of the College. For purposes of public disclosures (including but not limited to Timely Warnings, Emergency Notifications, Daily Crime and Fire Log, and the Annual Security and Fire Safety Report) the College will not, absent extraordinary circumstances, disclose personally identifying information regarding the Alleged Victim or Complainant.
Investigation and Resolution of Reports against Faculty or Staff
All employees of the College are expected to adhere to the standards set forth in this Policy. However, if the alleged Respondent is a faculty member or staff, the matter will be investigated and resolved according to the procedures described in the Faculty and Administrative Handbooks.
Any College community member may file a report of employee misconduct by contacting the Title IX Coordinator, Campus Security, the Director of Human Resources, or any Responsible Employee.
Investigation and Resolution of Complaints against Third Parties
All third parties on the College campus, including contractors and visitors, are expected to adhere to the standards set forth in this Policy.
Any College community member may file a report of misconduct by a third party in violation of this Policy by contacting any Responsible Employee, or by contacting:
Director of Campus Security
Equity and Title IX Coordinator
Dr. Armenta Hinton
Nicarry 236 & 237
ECTipline (provides anonymous report option)
Toll free 855.696.1899 or web-assisted on the ECTipline webpage
Note: Anonymous reports significantly limit the College’s ability to investigate and appropriately address allegations of misconduct.
Elizabethtown Police Department
Call 911 or Lancaster County Wide Communications at 717.367.1835.
Complaints against third parties will be investigated and an appropriate response, as circumstances permit and based on the status of the alleged perpetrator. 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 campus community members who suffer misconduct or make reports against third parties.
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: all college personnel; incoming and returning students; 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 both under this Policy and locally and in Pennsylvania (including sexual assault, sexual exploitation, consent, 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.
Educational programming occurs on a regular basis, and at least annually for all employees including faculty, staff and seasonal employees. Specialized resources and training are available for summer program staff, study abroad and international student orientation. Ongoing educational programming occurs throughout the academic year for all students with special emphasis and targeted training for new student orientation and residence hall programming. Topics that can be covered are: consent, bystander training and intervention, reporting, alcohol awareness, and dating violence prevention. This is not an exhaustive list, but a sample of educational program topics. For more information about educational programming, please contact the Title IX Coordinator
Written Notification of Available Resources
The College will provide to students and employees information about support and assistance granted to victims of sexual assault, 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 health services; legal assistance; visa/immigration assistance (both within the College and in the community); transportation 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. and assisting with reporting crimes to local law enforcement if the victim chooses. This information is available on the Elizabethtown College Title IX webpage and in informational brochures available in Human Resources, the Office of the Sr. Vice President for Academic Affairs,Community Living, Campus Security, Office of the Vice President for Student Life, Disability Services and Student Wellness.
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 or sexist attitudes and beliefs to challenge behaviors that support sexual violence. The College supports active bystanders.
- 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 to the point of incapacitation, 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, the ECTipline, 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.
- Intimidation: Smashing things, abusing pets, destroying victim’s property, displaying weapons.
- Threats: Making 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.
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. An individual 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, in compliance with teh Adam Walsh Child Protection and Safety Act of 2006, 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 http://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.
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 Education 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
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
Nicarry 236 & 237
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., http://www2.ed.gov/about/offices/list/ocr/index.html
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 disproportionally 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.
Related College Policies
It is possible that an alleged occurrence or series of occurrences giving rise to a report of sexual harassment (or other conduct prohibited under this Policy) may relate to conduct prohibited under other College policies. For example, alleged sexual harassment that is motivated in part by racial or ethnic discrimination would, if proven by a preponderance of the evidence, violate both this Policy and the College’s Policy Against Discrimination, Harassment, and Bullying. In situations like this example where alleged prohibited conduct falls under both (a) this Policy and (b) any other policy of the College, the procedures outlined in this Policy control.
However, the Title IX Coordinator has the discretion to sever from the proceedings under this Policy the fact finding, adjudication, or sanctioning related to the alleged violation of a different College policy. If the Title IX Coordinator so exercises this discretion, this Policy will govern the processes and procedures related to the resolution of the alleged sex discrimination (in whatever form that falls under this Policy), while the policies and procedures of any other relevant College policy will govern the resolution of the other alleged misconduct.
As set forth in section 2.39 of the Faculty Handbook and page 15 of the Administrative Handbook the College prohibits certain types of relationships between employees and students:
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 ECTipline (toll free 855.696.1899 or web-assisted on the ECTipline 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.
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 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).