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Policy Prohibiting Sexual Harassment and Sexual Misconduct

Home / About Arcadia / Offices, Facilities, and Services / General Counsel / University Policies / Policy Library / Policy Prohibiting Sexual Harassment and Sexual Misconduct
Home / About Arcadia / Offices, Facilities, and Services / The Office of General Counsel and Secretary to the University / University Policies / University Policy Library / Policy Prohibiting Sexual Harassment and Sexual Misconduct
Policy Title Policy Prohibiting Sexual Harassment and Sexual  Misconduct
Policy Category Ethics, Integrity, and Legal Compliance
Policy Approval Date November 4, 2016 (Original approval date)
Policies Superseded Policy Prohibiting Sexual Misconduct, Relationship  Violence, and Stalking
Responsible Office(s) Provost
Related Policies Non-Discrimination and Non-Harassment Policy
Procedure Procedures for Resolution of Complaints under the Non Discrimination and Non-Harassment Policy and the Policy Prohibiting Sexual Harassment and Sexual Misconduct
Frequency of Review 1 year
Date of Revision August 25, 20211

If you believe you are the victim of Sexual Harassment or Sexual Misconduct, you are encouraged to  consider seeking medical attention and/or assistance from law enforcement. Emergency resources  are available from the following: 

University Department of Public Safety 

The Department of Public safety is available 24-hours a day, year-round. In an emergency, call 215-572-2999 or x2999 from any campus phone 

For all other calls, call 215-572-2800 or x2800 from any campus phone 

Cheltenham Township Police Department 

Emergency: 911 
Phone: 215-885-1600 
Location: 8230 Old York Road, Elkins Park, PA 19027 

Abington Memorial Hospital 

Phone: 215-481-2000 (24-hour dispatcher) 
Location: 1200 Old York Rd, Abington, PA 19001 

Please see The College of Global Studies (“TCGS”) Addendum at the end of this Policy for Emergency  Resources for TCGS participants.  

1 This Policy was posted as an interim Policy on August 14, 2020. This Policy became a final Policy on August 25,  2021, and included some revisions from the interim Policy. For questions about iterations of this Policy and its  applicability, email the Director of the Office of Equity and Civil Rights.

I. GLOSSARY 

Advisor means a person chosen by a party or appointed by Arcadia University (the “University”) to  accompany the party to meetings related to the Formal Grievance Process, to advise the party on that  process, and to accompany the party to the hearing, if any, including conducting cross-examination, if  applicable.  

Complainant means an individual who is alleged to be the victim of conduct that could constitute Sexual  Harassment, Sexual Misconduct, or Retaliation for making a report to the University or participating in  a grievance process.  

Confidential Resource means an employee or campus organization who/that is not a Mandated Reporter  of Notice of Sexual Harassment, Sexual Misconduct, and/or Retaliation (irrespective of that person’s  status as a Campus Security Authority under the Clery Act). Some off-campus organizations are also  Confidential Resources. These organizations are listed below in Section VI, and in the TCGS Policy  Addendum (for TCGS participants). 

Consent means knowing, voluntary, and clear permission by word or action to engage in sexual activity.  A more detailed description of consent is provided on pages 22-23. 

Day means a business day (Monday through Friday) when the University is open.  

Education Program or Activity means locations, events, or circumstances where Arcadia exercises  substantial control over both the Respondent and the context in which the Sexual Harassment or Sexual  Misconduct occurs, and also includes any building owned or controlled by a student organization that is officially recognized by Arcadia.  

Finding: A conclusion by the preponderance of the evidence that the conduct did or did not occur as  alleged, and whether the conduct violated Arcadia’s policies. 

Formal Complaint means a document submitted or signed by the Complainant or signed by the Director  of the Office of Equity and Civil Rights (“OECR”), who is also the University’s Title IX Coordinator,  alleging a Policy violation by a Respondent and requesting that the University investigate the  allegation(s). A Formal Complaint may be filed with the Director of OECR/Title IX Coordinator in  person, by mail, or by electronic mail, by using the contact information in Section IV. It must contain  the Complainant’s physical or digital signature, or otherwise indicate that the Complainant is the person  filing the Formal Complaint. If a form is submitted that does not meet this standard, the Director of  OECR/Title IX Coordinator will contact the Complainant to ensure that, if the individual’s intent is to  file a Formal Complaint, it is filed correctly. (Wherever the Director of OECR/Title IX Coordinator is  referenced herein, such reference shall be construed to include that individual’s designee.) 

Formal Grievance Process means an investigation and, if applicable, hearing which occurs after a Formal Complaint is filed. 

Hearing Officer/Panel refers to those who have decision-making and sanctioning authority within the  University’s Formal Grievance Process. 

Home Institution refers to the institution, if other than Arcadia University, in which a TCGS student is  officially enrolled and matriculated as a degree-candidate.

Host Institution refers to the institution in which a TCGS student is enrolled temporarily for a period  of study while overseas. 

Investigator means the person or persons charged by the University with gathering facts about an  alleged violation of this Policy, assessing relevance, synthesizing the evidence, and compiling this  information into an investigation report and file of directly related evidence. 

Mandated Reporter means an employee of the University, including student Resident Assistants, who is obligated by this Policy to share knowledge, Notice, and/or reports of Sexual Harassment, Sexual  Misconduct, and/or Retaliation with the Director of OECR/Title IX Coordinator. 

Notice means the Director of OECR/Title IX Coordinator or a Mandated Reporter witnesses or hears  about Sexual Harassment, Sexual Misconduct, and/or Retaliation from a Complainant or third party, or  receives complaints of Sexual Harassment, Sexual Misconduct and/or Retaliation, verbally, in writing,  or by any other means.  

Notice of the Outcome is the document sent to the Complainant(s) and Respondent(s) detailing the  decision maker’s finding regarding whether Respondent(s) violated this Policy, and the sanctions  imposed on Respondent as a result of this violation. 

Parties includes the Complainant(s) and Respondent(s), collectively.  

Protected Activity: an individual reported, filed a Formal Complaint, or participated in an investigation,  proceeding, or resolution of an allegation of conduct prohibited by this Policy. 

Resolution means the result of an informal process or Formal Grievance Process. 

Respondent means an individual who has been reported to be the perpetrator of conduct that could  constitute Sexual Harassment, Sexual Misconduct, or Retaliation for engaging in a Protected Activity. 

Resolution means the result of an informal process or Formal Grievance Process. 

Retaliation means a student, employee, or the University may take materially adverse action by  intimidating, threatening, coercing, harassing, or discriminating against any individual for the purpose  of interfering with any right or privilege secured by law or policy, or because the individual has engaged  in Protected Activity under this Policy.  

Sanction means a consequence imposed by the University on a Respondent who is found to have  violated this Policy. 

Sexual Harassment is an umbrella term including the offenses of Sexual Harassment, sexual assault,  stalking, dating violence, and domestic violence. See Section XII(A). 

Sexual Misconduct is an umbrella term that encompasses sexual exploitation, discriminatory  harassment based on sex as is defined in Section XII(B), and attempts of domestic violence or dating  violence. 

Title IX Coordinator is the official designated by the University to ensure compliance with Title IX and  the University’s Title IX program. References to the Title IX Coordinator throughout this Policy may  also encompass a designee of the Title IX Coordinator for specific tasks.

Title IX Regulations are rules published on May 19, 2020 by the United States Department of Education Office of Civil Rights specifying how recipients of Federal financial assistance covered by Title IX  must respond to allegations of Sexual Harassment consistent with Title IX’s prohibition against sex  discrimination.2 

Title IX Team refers to the Director of OECR/Title IX Coordinator, any Deputy Title IX Coordinators, Investigators, and hearing officers. 

II. SCOPE 

This Policy applies to all students,3staff members, faculty members, prospective students and employees,  and trustees of the University, as well as volunteers, guests, visitors, and independent contractors. 

The core purpose of this Policy is the prohibition of Sexual Harassment, Sexual Misconduct, and  Retaliation. When an alleged violation of this Policy is reported, the allegations may be subject to resolution  using the University’s processes detailed in the Procedures for Resolution of Complaints under the Non Discrimination and Non-Harassment Policy and the Policy Prohibiting Sexual Harassment and Sexual Misconduct, (“Procedures”) determined by the Director of OECR/Title IX Coordinator. Arcadia seeks to  create an educational and working environment that is free from Sexual Harassment and Sexual Misconduct. Please see the Office for Sexual and Gender-Based Violence Prevention & Education website for more information about Arcadia’s efforts and its commitment to a safe environment for all community  members.  

If the alleged conduct reported via a Formal Complaint falls within the U.S. Department of Education Office  of Civil Rights’ Title IX Regulations’ definition of Sexual Harassment (see Section XII(A)), occurred  within Arcadia’s Education Program or Activity, and occurred within the United States, Arcadia will use  the hearing procedures provided in Appendix A of the Procedures, which are consistent with 34 CFR  106.45 (which describes the hearing procedures required by the Title IX Regulations). Arcadia may only  use these procedures if the Complainant is participating or attempting to participate in Arcadia’s Education  Program or Activity at the time the Formal Complaint is signed/filed. If the alleged conduct falls outside of  the definition of Sexual Harassment but would meet the definition of Sexual Misconduct, or could constitute  Sexual Harassment but occurs outside of Arcadia’s Education Program or Activity (for example, in an off campus building) or outside of the United States, Arcadia will use the hearing procedures provided in  Appendix B (for student Respondents) or Appendix C (for employee Respondents) of the Procedures. 

A Formal Grievance Process will only be undertaken if the Respondent is a student or employee. When the  Respondent is a student or employee, the grievance processes provided in Appendix B or Appendix C, as  appropriate, may be available regardless of the status of the Complainant, who may or may not be an  Arcadia community member.  

2 See the final Title IX Regulations here.  

3 For the purpose of this Policy, the University defines “student” as any individual who has accepted an offer of  admission, or who is registered or enrolled for credit or non-credit bearing coursework, and who maintains an ongoing  relationship with the University. This definition includes individuals that are enrolled in TCGS domestically (such as  Virtual Europe, Intern Philly, students participating in international programs domestically for emergency reasons)  and individuals that are enrolled in TCGS programs abroad. (Please see the TCGS Addendum for more information  regarding TCGS participants).

If the Respondent is unknown or is not an Arcadia student or employee, that person’s conduct will be  addressed as appropriate. The Director of OECR/Title IX Coordinator will assist the Complainant in  identifying appropriate campus and local resources and support options, as appropriate, and/or, when  criminal conduct is alleged, in contacting local or campus law enforcement if the individual would like to  file a police report. In addition, the University may take other actions, as appropriate, to protect the  Complainant against third Parties, such as barring individuals from University property and/or events.  

When the Respondent is enrolled in or employed by another institution of higher education, the Director of  OECR/Title IX Coordinator can assist the Complainant in liaising with the appropriate individual at that  institution, as it may be possible to allege violations through that institution’s policies.  

Similarly, the Director of OECR/Title IX Coordinator may be able to assist a student or employee  Complainant who experiences Sexual Harassment or Sexual Misconduct in an externship, study abroad  program, or other environment external to the University where policies and procedures of the facilitating  or host organization may give recourse to the Complainant.  

III. POLICY STATEMENT 

The University is committed to providing a workplace and educational environment, as well as other  benefits, programs, and activities, that are free from Sexual Harassment, Sexual Misconduct, and  Retaliation. To ensure compliance with federal and state civil rights laws and regulations, and to affirm its  commitment to promoting the goals of fairness and equity in all aspects of the Education Program or  Activity, the University has developed internal policies and procedures that provide a prompt, fair, and  impartial process for those involved in an allegation of Sexual Harassment, Sexual Misconduct, or  Retaliation. The University values the dignity of all persons and strives to balance the rights of the Parties during what is often a difficult time for all those involved.  

The Office of Equity and Civil Rights is responsible for enforcing this Policy on behalf of the University  and has Procedures available to do so. This Policy does not address Discrimination, Harassment, or Bias  Incidents as defined in and governed by the University’s Non-Discrimination and Non-Harassment Policy. 

This Policy is intended to meet the University’s obligations under Title IX of the Education Amendment of  1972; the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (“Clery Act”), as amended by Violence Against Women Reauthorization Act of 2013 (VAWA), with respect to its  application to sex and gender-based misconduct; Title VII of the Civil Rights Act of 1964 (Title VII) with  respect to its application to sex and gender-based misconduct; and other related and applicable law,  including Pennsylvania’s Act 16 of 2019. 

IV. TITLE IX COORDINATOR 

The Director of OECR serves as the University’s Title IX Coordinator and oversees implementation of the  Policy Prohibiting Sexual Harassment and Sexual Misconduct. The Title IX Coordinator has the primary  responsibility for coordinating the University’s efforts related to the intake, investigation, and resolution of  Complaints, and implementation of supportive measures (described in Section VII) to stop, remediate, and  prevent Sexual Harassment, Sexual Misconduct, and Retaliation as prohibited under this Policy.  

Inquiries concerning alleged violations of this Policy, the Procedures, compliance, and information should  be directed to the Director of the Office of Equity and Civil Rights/Title IX Coordinator:

Nora Nelle 
777 Limekiln Pike, Suite 112
Glenside PA 19038 
nellen@arcadia.edu 
215-517-2659 

The University has also designated several Deputy Title IX Coordinators, whose responsibilities are  overseen by the Director of OECR/Title IX Coordinator. Deputy Title IX Coordinators are also  knowledgeable and trained on the Policy and related Procedures, and available to advise any individual  about the courses of action available. Deputy Title IX Coordinators are available in the following offices: 

  • Deputy Title IX Coordinator and Associate Dean of Students: Dian Taylor Alleyne, 215-572-2932, taylor-alleyne@arcadia.edu, Kuch Center, 450 S. Easton  Road, Glenside, PA 19038 
  • Deputy Title IX Coordinator, Associate Director of Athletics, and Head Coach,  Women’s Field Hockey: Erin Livingston, 267-620-4856, livingse@arcadia.edu, Kuch  Center, 450 S. Easton Road, Glenside, PA 19038 
  • Deputy Title IX Coordinator and Director of Institutional Relations, The College of  Global Studies: Tim Barton, 215-572-4070, bartont@arcadia.edu, Larsen Hall, 450 S.  Easton Road, Glenside, PA 19038 
  • Deputy Title IX Coordinator and Director of Health, Safety, and Security and Director  of Student Services, The College of Global Studies: (To be assigned) 
  • Deputy Title IX Coordinator and Employee/Labor Relations Specialist: (To be  assigned) 
  • Deputy Title IX Coordinator and Director of the Office of Institutional Diversity (To  be assigned) 

The University has also classified all employees, including student Resident Assistants, as Mandated  Reporters. Staff in the Counseling Center and the Health Center are Confidential Resources, and are  therefore excluded from this group. 

Inquiries may be made externally to: 

Office for Civil Rights (OCR) 
U.S. Department of Education 
The Wanamaker Building 
100 Penn Square East, Suite 515 
Philadelphia, PA 19107-3323 
Customer Service Hotline #: (215) 656-8541 
Facsimile: (215) 656 8605 
Email: OCR.Philadelphia@ed.gov 
Web: http://www.ed.gov/ocr 

V. INDEPENDENCE AND CONFLICT OF INTEREST 

The Director of OECR/Title IX Coordinator manages the Title IX Team and acts with independence and  authority free from bias and conflicts of interest. The Director of OECR/Title IX Coordinator oversees all  resolutions under this Policy and the related Procedures. The members of the Title IX Team are trained to 

ensure they are not biased for or against any party in a specific case, or for or against Complainants and/or  Respondents, generally.  

To raise any concern involving bias or conflict of interest by the Director of OECR/Title IX Coordinator,  contact the Assistant Vice President of Access, Equity, Diversity, and Inclusion, Dr. Angela McNeil, at  215-517-2657 or mcneila@arcadia.edu. Concerns of bias or a potential conflict of interest by any other  Title IX Team member should be raised with the Director of OECR/Title IX Coordinator.  

Reports of Sexual Harassment, Sexual Misconduct, or Retaliation committed by the Director of OECR/Title  IX Coordinator should be reported to the Assistant Vice President of Access, Equity, Diversity, and  Inclusion, Dr. Angela McNeil, at 215-517-2657 or mcneila@arcadia.edu. Reports of Sexual Harassment,  Sexual Misconduct, or Retaliation committed by any other Title IX Team member should be reported to  the Director of OECR/Title IX Coordinator. 

VI. NOTICE/REPORTS/FORMAL COMPLAINTS OF SEXUAL HARASSMENT, SEXUAL MISCONDUCT, AND/OR RETALIATION, AND CONFIDENTIAL RESOURCES 

The University is committed to treating all members of the community with civility, dignity, empathy, and  respect. Any individual affected by Sexual Harassment, Sexual Misconduct, or Retaliation, whether as a  Complainant, a reporter, a Respondent, or a third party, will be provided with resources, information, and  options. The University recognizes that deciding whether to make a report and choosing how to proceed  can be difficult decisions. Accordingly, any individual who has questions or concerns may seek the support  of campus and/or community resources which can provide guidance in making decisions, information about  available resources and procedural options, and assistance to any party in the event that a report and/or  resolution under this Policy is pursued. Individuals may use any available resources, regardless of when or  where the incident occurred, that the individual feels are appropriate for their situation. The University  respects individuals’ autonomy in choosing to utilize any available resources. Participants in TCGS  programs should see the TCGS Addendum at the end of this Policy for available resources.  

A. Emergency Resources 

The University encourages all individuals to consider seeking assistance from a medical provider and/or  law enforcement immediately after an incident of Sexual Harassment or Sexual Misconduct in order to  ensure preservation of evidence for the purposes of seeking criminal or civil remedies, or in case an  individual would like to make a Formal Complaint to the University. Seeking assistance from these  resources can ensure preservation of evidence for the purposes of seeking criminal or civil remedies, or in  case an individual would like to make a Formal Complaint to the University. The University will provide  coordination with law enforcement, information about the University’s resources and complaint processes,  as applicable, and transportation to the hospital. For information regarding emergency resources for TCGS  participants, please see the TCGS Addendum at the end of this Policy. 

Options for Contacting Public Safety/Law Enforcement 

Contact Public Safety and/or local law enforcement if you are in any immediate danger. Arcadia University Department of Public Safety

The Department of Public safety is available 24-hours a day, year-round 
In an emergency, call 215-572-2999 or x2999 from any campus phone 
For all other calls, dial 215-572-2800 or x2800 from any campus phone 

Cheltenham Township Police Department 
Emergency: 911 
Phone: 215-885-1600 
Location: 8230 Old York Road, Elkins Park, PA 19027 

Options for Seeking Medical Attention 

Abington Memorial Hospital 
Phone: 215-481-2000 (24 hours a day, seven days a week) 
Location: 1200 Old York Road, Abington, PA 19001 

A medical provider at Abington Memorial Hospital (“AMH”) can provide emergency and/or  follow-up medical services and provide a forum to discuss any healthcare concerns related to the  incident in a confidential medical setting. AMH can conduct a medical exam through a Sexual Assault Nurse Examiner (“SANE”). A medical exam will treat any injury or trauma and address  concerns about sexually transmitted infections and pregnancy.  

The University encourages individuals to consider bringing a support person for accompaniment  during the exam. Public Safety is also available to transport you to a medical exam. 

There is a limited window of time following an incident of sexual assault to preserve physical and  other forms of evidence. Taking the step to gather evidence immediately does not commit an  individual to any course of action. However, preserving evidence may assist in proving that an  alleged crime occurred or in obtaining a Protection from Abuse Order from a judge. The decision  to seek medical attention at AMH and to gather any evidence will remain confidential and will  preserve the full range of options to seek resolution through the criminal legal system and/or the  University’s complaint processes. In Pennsylvania, an individual can submit to a medical exam  anonymously. 

Preservation of Evidence 

The Director of OECR/Title IX Coordinator will inform the Complainant, when applicable, of the  importance of preserving evidence by informing the Complainant of the following actions: 

  1. Seek forensic medical assistance at the hospital, ideally within 72-120 hours of the incident  (sooner is better) 
  2. Avoid showering, bathing, washing hands or face, or douching, if possible, but evidence may  still be collected even if they do. 
  3. Try not to urinate. 
  4. If oral sexual contact took place, refrain from smoking, eating, drinking, or brushing teeth.
  5. If clothes are changed, place soiled clothes in a paper bag (plastic destroys evidence) or secure  evidence container. 
  6. Seeking medical treatment can be essential even if it is not for the purposes of collecting  forensic evidence. 

Evidence collection is best conducted as soon as possible after a sexual assault. Hospitals have  different time frames for providing care and collecting evidence, but all hospitals in Pennsylvania  will provide an exam within 72 hours of an assault. Some hospitals in Pennsylvania have extended the time frame for evidence collection up to 120 hours. Check with your local rape crisis center (for  Pennsylvania residents) or emergency department for this information.4 For information regarding  medical care for TCGS participants, please see the TCGS Addendum at the end of this Policy. 

For more information about evidence preservation, please contact the following organizations: 

Victim Services Center of Montgomery County, Inc. 1- 888-521-0983 (24-hour crisis  line) 
325 Swede St. 
Norristown, PA 19401 
(610) 277-0932 
www.victimservicescenter.org 

Laurel House – 1-800-642-3150 (24-hour Hotline) 
180 W. Germantown Pike #2 
East Norriton, PA 19401 
610-277-1860 
Laurel-house.org 

Women Organized Against Rape – 215-985-3333 (24-hour Hotline) 
One Penn Center 
1617 JFK Boulevard, Suite 800 
Philadelphia, PA 19103 
215-985-3315 
Woar.org 

Additional Options for Students: 

Student Health Services 

Phone: 215-572-2966 or x2966 from any campus phone 
Location: Heinz Hall, Ground floor 

Student Health Services (“SHS”) is staffed by certified nurse practitioners, part-time physicians, and secretarial support. Students are assessed and treated for illness and injuries by nurse  practitioners with physician consultation and referral when necessary. Sexual health information,  including STI testing, counseling and birth control options are available through SHS. 

4 For information relevant to Pennsylvania, see https://pcar.org/help-pa/medical.

Emergencies are seen immediately by SHS staff during hours of operation. After-hours emergencies and those emergencies that cannot be handled at SHS are sent to area hospitals using  private transportation or ambulance as necessary. 

Additional Options for Employees: 

Employee Assistance Program (free confidential counseling for Arcadia employees) Carebridge 
1-800-437-0911 
www.myliferesource.com 

B. Mandated Reporting 

All employees of the University (including student Resident Assistants), with the exception of those who  are designated as Confidential Resources, are Mandated Reporters and must promptly share with the  Director of OECR/Title IX Coordinator all known details of a report made to them in the course of their  employment. 

All of the below-listed individuals will maintain confidentiality when acting within the scope of their  licensure, professional ethics, and/or professional credentials, except in extreme cases of immediacy of  threat or danger, abuse of a minor, or when required to disclose by law or court order. For information  regarding confidential resources for TCGS participants, please see the TCGS Addendum at the end of this  Policy. 

On-campus Confidential Resources for Students 

  • Arcadia University Counseling Services 
    Heinz Hall, Ground Floor 
    215-572-2967 
  • Arcadia University Student Health Services 
    Heinz Hall, Ground Floor 
    215-572-2966 

Confidential Resource for Employees  

  • Employee Assistance Program- Carebridge (free confidential counseling for Arcadia  employees) 
  • 1-800-437-0911 
  • www.myliferesource.com 

Off-campus Confidential Resources for Students and Employees 

Abington Memorial Hospital – 215-481-2000 (24-hour dispatcher) 

  • HIV/AIDS and STI Testing 
  • Medical exams 
  • “Morning-after” pregnancy prevention 
  • Sexual assault exam* 

* These exams do not obligate you to file criminal charges. Evidence is stored by law enforcement to preserve the chain of evidence. Additionally, under Pennsylvania law, these  exams can be submitted anonymously. 

Pennsylvania Victims Compensation Assistance Program – 1-800-233-2339 

www.pccd.state.pa.us (click on “Victim Services” tab) 

National Domestic Violence Hotline – 1-800-799-SAFE (7223) OR 1-800-787-3224 (TTY) 

Victim Services Center of Montgomery County, Inc. 1 – 888-521-0983 (24-hour crisis  line) 

325 Swede St. 
Norristown, PA 19401 
(610) 277-0932 
www.victimservicescenter.org 

Laurel House – 1-800-642-3150 (24-hour Hotline) 

180 W. Germantown Pike #2 
East Norriton, PA 19401 
610-277-1860 
Laurel-house.org 

Women Organized Against Rape – 215-985-3333 (24-hour Hotline) 

One Penn Center 
1617 JFK Boulevard, Suite 800 
Philadelphia, PA 19103 
215-985-3315 
Woar.org 

Legal Aid of Southeastern Pennsylvania (Toll free helpline 1-877-429-5994) 

625 Swede Street 
Norristown, PA 19401 
610-275-5400 
Lasp.org 

Religious and Spiritual Advisors 

  • Rev. Beth Lyon (United Church of Christ) 215-887-1819 
  • Pastor Henrik Sonntag (St. Paul’s Lutheran Church) 215-884-3005 
  • Rev. Joseph Brandt (St. Luke’s Roman Catholic Church) 215-572-0128 
  • Rabbi Saul Grife (Beth Tikvah-B’nai Jeshurun) 215-836-5677 

Complainants may want to carefully consider whether they share personally identifiable details with non Confidential Resources/Mandated Reporters, as those details must be shared by the Mandated Reporter  with the Director of OECR/Title IX Coordinator. Mandated Reporters must promptly share all details of  behaviors implicated by this Policy that they observe or have knowledge of, even if not reported to them  directly by a Complainant, Respondent, or third-party.  

Generally, disclosures in climate surveys, classroom writing assignments or discussions, human subjects  research, or at events such as “Take Back the Night” marches or speak-outs do not provide notice that must be reported to the Director of OECR/Title IX Coordinator by employees, unless the Complainant clearly  indicates that they desire a report to be made or a seek a specific response from the University.  

Mandated Reporters can remind individuals affected that a report to the Director of OECR/Title IX  Coordinator does not generally require the individual to take any specific action and that individuals can  receive supportive measures without seeking an informal process or the Formal Grievance Process.  

Failure of a Mandated Reporter, as described above in this Section, to report an incident of Sexual  Harassment or Sexual Misconduct of which they become aware is a violation of this Policy and can be  subject to disciplinary action.  

When a Mandated Reporter has engaged in Sexual Harassment, Sexual Misconduct, or other violations of  this Policy, they have a duty to report their own actions. The University is not on Notice of such actions  when such an individual fails to report themselves, unless on Notice by other means.  

It is important to clarify that a Mandated Reporter who is themselves a target of harassment or other  misconduct under this policy is not required to report their own experience, though they may do so. 

Only a report to the Director of OECR/Title IX Coordinator will trigger the University’s obligation  to respond to an allegation of Sexual Harassment or Sexual Misconduct.  

When the Title IX Coordinator receives a report of Sexual Harassment or Sexual Misconduct from a  Mandated Reporter, the Director of OECR/Title IX Coordinator will in all cases where the Complainant is  identified, contact the Complainant to: (1) discuss the availability of supportive measures (See Section  VII); (2) ask about the Complainant’s wishes with respect to supportive measures; (3) inform the  Complainant of the availability of supportive measures with or without the filing of a Formal Complaint,  and (4) explain to the Complainant the process for filing a Formal Complaint. 

C. Formal Complaints 

Notice of Formal Complaints of Sexual Harassment, Sexual Misconduct, and/or Retaliation may be made to the University using any of the following options: 

1. File a Formal Complaint with, or give verbal Notice to, the Director of OECR/Title IX  Coordinator: 

Director of the Office Equity and Civil Rights and Title IX Coordinator 

Nora Nelle 
777 Limekiln Pike, Suite 112, Room 111 
Glenside PA 19038 
nellen@arcadia.edu 
215-517-2659 
Office Hours: Monday through Friday, 8:30am to 5:00pm 

Outside of EST business hours, the office may be contacted at the email and phone number  above. In the case of an emergency, contact Public Safety at 215-572-2999. Public Safety  or after-hours staff will attend to the physical safety and well-being of Complainants on  Arcadia’s Glenside campus, and will assist with making referrals in emergency situations.  

Deputy Title IX Coordinators are also available during EST business hours to receive Notice of Formal Complaints, which will then be communicated to the Director of OECR/Title IX  Coordinator. 

Deputy Title IX Coordinator and Associate Dean of Students: Dian Taylor Alleyne, 215-572-2932, taylor-alleyne@arcadia.edu, Kuch Center, 450 S. Easton  Road, Glenside, PA 19038 

Deputy Title IX Coordinator, Associate Director of Athletics, and Head Coach,  Women’s Field Hockey: Erin Livingston, 267-620-4856, livingse@arcadia.edu, Kuch  Center, 450 S. Easton Road, Glenside, PA 19038 

Deputy Title IX Coordinator and Director of Institutional Relations, The College of  Global Studies: Tim Barton, 215-572-4070, bartont@arcadia.edu, Larsen Hall, 450 S.  Easton Road, Glenside, PA 19038 and 

Deputy Title IX Coordinator and Employee/Labor Relations Specialist: (To be  assigned) 

Deputy Title IX Coordinator and Director of the Office of Institutional Diversity (To  be assigned) 

Notice may be made at any time (including during non-business hours) by using the telephone  number or email address, or by mail to the office address, listed for the Director of OECR/Title IX  Coordinator. 

2. Anonymous Reporting 

Anonymous reports can also be made through the University’s Campus Conduct Hotline  Reporting System. Such reports can be made online through the “Arcadia’s In Touch  Website” link on the right side of that website or over the phone at 1-866-943-5787. Please  note that while reports to the Campus Conduct Hotline can be anonymous, the University  cannot assure that the information disclosed will be kept confidential, and the anonymity  of the report may limit the ability of the University to respond. 

D. When a Complainant Does Not Wish to Proceed 

An individual can provide Notice or otherwise report Sexual Harassment or Sexual Misconduct without choosing to file a Formal Complaint. In cases in which the Complainant chooses not to file a  Formal Complaint or otherwise requests that no formal action be taken and the circumstances allow the  University to honor that request, the University will offer supportive measures to the Complainant and the  community, but will not otherwise pursue formal action. The goal is to provide the Complainant with as  much control over the process as possible, while balancing the University’s obligation to protect its  community. 

The University will promptly review and respond to all reports of Sexual Harassment and Sexual Misconduct in an integrated, consistent manner that treats everyone with dignity and respect. The  University will approach each report with an earnest intent to understand the perspective and experiences  of each individual involved in order to ensure fair and impartial evaluation and resolution. 

If a Complainant does not wish for their name to be shared or does not wish for an investigation to take  place, they may make such a request to the Director of OECR/Title IX Coordinator, who will evaluate that  request in light of the duty to ensure the safety of the campus and to comply with state and federal law. The  Director of OECR/Title IX Coordinator has ultimate discretion over whether the University proceeds when the Complainant does not wish to do so, and the Director of OECR/Title IX Coordinator may sign a Formal  Complaint to initiate a Formal Grievance Process upon completion of an appropriate risk assessment.  

The Director of OECR/Title IX Coordinator’s decision will be based on results of the risk assessment that  show a compelling risk to health and/or safety that requires the University to pursue the Formal Grievance  Process to protect the community.  

A compelling risk to health and/or safety may result from evidence of patterns of misconduct, predatory  conduct, threats, abuse of minors, use of weapons, and/or violence. Arcadia may be compelled to act on  alleged employee misconduct irrespective of a Complainant’s wishes. 

The Director of OECR/Title IX Coordinator must also consider the effect that non-participation by the  Complainant may have on the availability of evidence and the University’s ability to pursue a Formal  Grievance Process fairly and effectively.  

When the Director of OECR/Title IX Coordinator executes the Formal Complaint, they do not become the  Complainant. The Complainant is still the individual who is alleged to be the victim of conduct that could  constitute a violation of this Policy.  

When the University proceeds, the Complainant (or their Advisor) may have as much or as little  involvement in the process as they wish. The Complainant retains all rights of a Complainant under this  Policy irrespective of their level of participation. Typically, when the Complainant chooses not to  participate, the Advisor may be appointed as proxy for the Complainant throughout the process, acting to  ensure and protect the rights of the Complainant, though this does not extend to the provision of evidence  or testimony. 

Note that the University’s ability to remedy and respond to Notice/reports may be limited if the Complainant  does not participate in the grievance process.  

If the Complainant elects not to sign a Formal Complaint, they can change that decision if they decide to  pursue a Formal Complaint at a later date.  

VII. SUPPORTIVE MEASURES 

The University will offer and implement appropriate and reasonable supportive measures, that do not  burden the other party, upon Notice of alleged Sexual Harassment, Sexual Misconduct, and/or Retaliation by a Complainant.  

Supportive measures are individualized services, accommodations, and other assistance that the University  offers and may put in place, without fee or charge. Supportive measures are designed to restore or preserve  equal access to the University’s Education Program or Activity, protect the safety of all Parties and the  University’s educational environment, and/or deter Sexual Harassment, Sexual Misconduct, and/or  Retaliation, without being punitive or disciplinary in nature or unreasonably burdening the other party.  

When the Director of OECR/Title IX Coordinator receives a report of possible Sexual Harassment or Sexual  Misconduct—regardless of whether that report is made by the Complainant, a witness, or other party or is  provided to the Title IX Coordinator by a Mandated Reporter— the Director of OECR/Title IX Coordinator will contact the Complainant (1) to discuss the availability of supportive measures and (2) to explain that  supportive measures are available with or without filing a Formal Complaint.

Supportive measures may also be requested by and made available to Respondents, witnesses, and other  impacted members of the University community.  

The Title IX Coordinator will ultimately serve as the point of contact for any individual requesting  supportive measures. 

The University will maintain the privacy of the supportive measures, provided that privacy does not impair  the University’s ability to provide the supportive measures or, where applicable, to comply with the U.S.  Department of Education’s Title IX Regulations.  

These actions may include, but are not limited to:  

  • Access to counseling services and assistance in setting up initial appointment, both on and off  campus 
  • Imposition of a University no-contact directive5 
  • Imposition of a University no-trespass directive 
  • Rescheduling of exams and assignments 
  • Providing alternative course completion options 
  • A change in class schedule or transferring sections, including the ability to drop a course  without penalty and, when possible, without any impact on financial aid 
  • A change in work schedule or job assignment 
  • A change in student’s University housing assignment 
  • Assistance from University staff in facilitating University housing relocation ∙ Financial aid-related services 
  • A voluntary leave of absence 
  • Providing an escort to promote safe movement between classes and activities
  • Providing medical services 
  • Providing academic support services, such as tutoring 
  • A change of office space 
  • Any other accommodation which can be tailored to the involved individuals to achieve the  goals of this Policy 

Each case is different and not all such actions will be available in every case.  

VIII. PROMPTNESS 

The University acts reasonably promptly once it has received a Formal Complaint. Formal Complaints  typically take ninety (90) business days to resolve. There are always exceptions and extenuating  circumstances that can cause a resolution to take longer, but the University will avoid undue delays to  the extent such delays are within its control.  

Any time the general timeframes for resolution outlined in Arcadia’s Procedures will be delayed, Arcadia  will provide written notice to the Parties of the delay, the cause of the delay, and an estimate of the  anticipated additional time that will be needed as a result of the delay. 

5 Violations of no-contact directives will be referred to appropriate student or employee conduct processes for  enforcement.

IX. PRIVACY 

The University will preserve the privacy of reports.6 The University will not share the identity of any  individual who has made a report or Formal Complaint of Sexual Harassment, Sexual Misconduct, or  Retaliation; any Complainant; any Respondent; or any witness, except as permitted by the Family  Educational Rights and Privacy Act (“FERPA”), 20 U.S.C. 1232g or FERPA implementing regulations, 34  CFR part 99; as required by law; or to carry out the purposes of 34 CFR Part 106. The University reserves  the right to designate which University officials have a legitimate educational interest in being informed  about incidents that fall within this policy, pursuant to FERPA. Typically, the University officials who will  “need to know” will include, but not be limited to: the Title IX Team; Student Affairs or Human Resources,  as applicable; and the Office of the General Counsel. The University may contact students’ parents or  guardians to inform them of situations in which there is a significant and articulable health and/or safety  risk, but will usually, to the extent reasonable, consult with the student first before doing so. 

When responding to a report of conduct allegedly in violation of this Policy, the University will assess a  Complainant’s request for confidentiality consistent with Subsection VI(D) “When a Complainant Does  Not Wish to Proceed.” 

Mandated Reporting is addressed more specifically below in Section VI(B). 

X. TIME LIMITS ON REPORTING 

There is no time limitation on providing notice/reports to the Director of OECR/Title IX Coordinator or  filing Formal Complaints. However, if the Respondent is no longer subject to the University’s jurisdiction  (e.g. is not enrolled as a student at, or employed by, the University) and/or significant time has passed, the  ability to investigate, respond, and provide remedies may be more limited or impossible.  

Acting on notice/reports or Formal Complaints significantly impacted by the passage of time (including,  but not limited to, the rescission or revision of policy and/or procedures which was in effect at the time of  the relevant incident) is at the discretion of the Director of OECR/Title IX Coordinator, who may document  allegations for historical or future reference, offer supportive measures, and/or initiate an informal or formal  process by signing a Formal Complaint, as appropriate.  

When a notice/report or Formal Complaint is affected by significant time delay, Arcadia will typically apply  the policy which was in place at the time of the alleged conduct and the procedures which are in place at  

6 For the purpose of this Policy, privacy and confidentiality have distinct meanings. Privacy means that information  related to a Notice/report or Formal Complaint will be shared with a limited number of University employees who  “need to know” in order to assist in the assessment, investigation, and resolution thereof. All employees who are  involved in the University’s response to reports under this Policy receive specific training and guidance about sharing  and safeguarding private information in accordance with state and federal law. The privacy of student education  records will be protected in accordance with the Family Educational Rights and Privacy Act (“FERPA”), as outlined  in the University’s FERPA Compliance Policy. The privacy of employee records will be protected in accordance with  Arcadia’s personnel policies. Confidentiality exists in the context of laws that protect certain relationships, including  those between a patient and mental health providers and medical care providers, as well as attorneys, clergy, and  spouses. For more information about Confidential Resources, see Section XIV. When information is shared with a  Confidential Resource, the Confidential Resource cannot reveal the information to any third party except when an  applicable law or a court order requires or permits disclosure of such information. Non-identifiable information may  be shared by Confidential Resources for statistical tracking purposes as required by the Clery Act the time of the notice/report or Formal Complaint. Such decisions are within the sole discretion of the  Director of OECR/Title IX Coordinator. 

XI. ONLINE HARASSMENT AND MISCONDUCT 

This Policy is written and intended to be interpreted broadly to include online and cyber manifestations of  any of the behaviors prohibited herein, when otherwise consistent with this Policy and Procedures. 

While the University may not control websites, social media, and other venues through which harassing  communications are made, when such communications are reported to the University, attempts will be  made to address and mitigate the effects.  

Members of the community are encouraged to be good digital citizens and to refrain from using the ease of  transmission and/or anonymity of the Internet or other technology to harm others. 

XII. PROHIBITED CONDUCT 

As noted, the University is committed to providing a learning and working environment that is free from  Sexual Harassment, Sexual Misconduct, and Retaliation. Such behaviors pose a threat both to individual  members of the University community and to the community collectively. They represent a fundamental  failure to recognize and respect the intrinsic worth and dignity of others and are contrary to our values and  standards. They are against University policy and may also constitute criminal conduct under local, state,  or federal laws (or a combination thereof). 

The University will respond accordingly, considering both the severity of the alleged offense and the threat  the conduct poses to the community. Sexual Harassment and Sexual Misconduct encompass a broad  spectrum of conduct and are defined as follows. 

A. Sexual Harassment 

The United States Department of Education requires the University to use a specific definition of Sexual Harassment which it views as prescribed by Title IX of the Education Amendments of 1972 (“Title IX”).  If the alleged conduct reported meets the Title IX definition of Sexual Harassment, Arcadia will use the  hearing procedures in Appendix A of the Procedures. 

Acts of Sexual Harassment may be committed by any person upon any other person, regardless of the sex,  gender, sexual orientation, gender identity, and/or gender expression of those involved.  

Sexual Harassment, as an umbrella category, includes the offenses of sexual harassment, sexual assault,  domestic violence, dating violence, and stalking, each of which is defined by OCR as follows. 

Conduct on the basis of sex/gender or that is sexual that satisfies one or more of the following: 

  1. Sexual harassment, defined as:
    • a. unwelcome conduct,  
    • b. determined by a reasonable person, 
    • c. to be so severe, and 
    • d. pervasive, and 
    • e. objectively offensive,  
    • f. that it effectively denies a person equal access to the University’s Education Program 
      or Activity7 OR “Quid Pro Quo,” when: 
    • a. an employee,  
    • b. conditions, implicitly or explicitly, the provision of an aid, benefit, or service of  Arcadia, 
    • c. on an individual’s participation in unwelcome sexual conduct. 
  2. Sexual assault, defined as any sexual act directed against another person, without the consent of  that person, including instances where the person is incapable of giving consent. Sexual assault  can occur between individuals of the same or different sexes and/or genders. This includes the  following, including attempt of the following, as defined for purposes of the FBI’s Uniform Crime  Reporting (NIBRS) program:
    • a. Rape: The carnal knowledge of a person (i.e., penile-vaginal penetration), without the  consent of that person, including instances where the person is incapable of giving consent  because of their age or because of their temporary or permanent mental or physical  incapacity (it should be noted that individuals of any gender identity could be Complainants  under this definition); 
    • b. Oral or anal sexual intercourse (i.e., penile penetration) with another person, without the consent of that person, including instances where the person is incapable of  giving consent because of their age or because of their temporary or permanent mental or  physical incapacity; 
    • c. To use an object or instrument (e.g., an inanimate object or body part other than a penis)  to unlawfully penetrate, however slightly, the genital or anal opening of the body of another  person, without the consent of that person, including instances where the person is  incapable of giving consent because of their age or because of their temporary or permanent  mental or physical incapacity; 
    • d. Fondling: The touching of the private body parts of another person for the purpose of  sexual gratification, without the consent of that person, including instances where the  person is incapable of giving consent because of their age or because of their temporary or  permanent mental or physical incapacity (for purposes of this definition, “private body  parts” includes breasts, buttocks, or genitals, whether clothed or unclothed); 
    • e. Incest: Sexual intercourse between persons who are related to each other within the  degrees wherein marriage is prohibited by law; or 7 Unwelcomeness is subjective and determined by the Complainant (except when the Complainant is below the age  of consent). Severity, pervasiveness, and objective offensiveness are evaluated based on the totality of the  circumstances from the perspective of a reasonable person in the same or similar circumstances (“in the shoes of the  Complainant”), including the context in which the alleged incident occurred and any similar, previous patterns that  may be evidenced. 
    • f. Statutory Rape: Sexual intercourse with a person who is under the statutory age of  consent. 
  3. Dating violence, defined as:
    • a. violence,  
    • b. on the basis of sex, 
    • c. committed by a person, 
    • d. who is in or has been in a social relationship of a romantic or intimate nature with the  Complainant.
      • 1. The existence of such a relationship shall be determined based on the  Complainant’s statement and with consideration of the length of the relationship,  the type of relationship, and the frequency of interaction between the persons  involved in the relationship. For the purposes of this definition—
        • i. Dating violence includes, but is not limited to, sexual or physical abuse or  the threat of such abuse. 
        • ii. Dating violence does not include acts covered under the definition of  domestic violence. 
  4. Domestic violence, defined as:
    • a. violence, 
    • b. on the basis of sex, 
    • c. committed by:
      1. a current or former spouse or intimate partner of the Complainant, 
      2. a person with whom the Complainant shares a child in common, or 
      3. a person who is cohabitating with, or has cohabitated with, the Complainant as a  spouse or intimate partner,  
      4. a person similarly situated to a spouse of the Complainant under the domestic or  family violence laws of applicable state law, or 
      5. any other person against an adult or youth Complainant who is protected from that  person’s acts under the domestic or family violence laws of the applicable state.  

        To categorize an incident as Domestic violence, the relationship between the Respondent and the  Complainant must be more than just two people living together as roommates. The people  cohabitating must be current or former spouses or have an intimate relationship. 

  5. Stalking, defined as:
    • a. engaging in a course of conduct, 
    • b. on the basis of sex, 
    • c. directed at a specific person,  
    • d. that would cause a reasonable person to
      • i. fear for the person’s safety, or 
      • ii. fear for the safety of others, or 
      • iii. suffer substantial emotional distress.  
        For the purposes of this definition—
        • a. Course of conduct means two or more acts, including, but not limited to,  acts in which the Respondent 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. 
        • b. Reasonable person means a reasonable person under similar circumstances and with similar identities to the Complainant. 
        • c. Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment  or counseling. 

The University reserves the right to impose any level of Sanction, ranging from a reprimand up to and  including expulsion and/or termination, as appropriate, for any offense under this Policy.  

B. Other Sexual Misconduct 

As noted, the conduct defined above as Sexual Harassment is prohibited by Title IX. Also prohibited is Sexual Misconduct, an umbrella category which includes sexual exploitation, discriminatory harassment, and attempted domestic violence or dating violence, each of which is defined as follows. If the alleged  conduct reported meets the definition of Sexual Misconduct, Arcadia will use the hearing procedures in  Appendix B (for student Respondents) and Appendix C (for employee Respondents) of the Procedures. 

Acts of Sexual Misconduct may be committed by any person upon any other person, regardless of the sex,  gender, sexual orientation, gender identity, and/or gender expression of those involved. 

  • Sexual exploitation, defined as: taking, or attempting to take, non-consensual or abusive sexual advantage of another for the Respondent’s own benefit or for the benefit of anyone other than the person  being exploited, when such conduct does not otherwise constitute Sexual Harassment under this Policy.  Examples of sexual exploitation include, but are not limited to: 
  • Sexual voyeurism (such as observing or allowing others to observe a person undressing or using  the bathroom or engaging in sexual acts, without the consent of the person being observed) o Taking pictures, video, or audio recording of another engaged in a sexual act, or in any other  sexually-related activity when there is a reasonable expectation of privacy during the activity,  without the consent of all involved in the activity, or exceeding the boundaries of consent (such as  allowing another person to hide in a closet and observe sexual activity, or disseminating sexual pictures without the photographed person’s consent), including the making or posting of “revenge  pornography”8 
  • Prostituting another person 
  • Engaging in sexual activity with another person while knowingly infected with a sexually transmitted infection (“STI”), also known as a sexually-transmitted disease (“STD”), without  informing the other person of the infection 
  • Causing or attempting to cause the incapacitation of another person (through alcohol, drugs, or any  other means) for the purpose of compromising that person’s ability to give consent to sexual activity, or for the purpose of making that person vulnerable to non-consensual sexual activity 
  • Misappropriation of another person’s identity on apps, websites, or other venues designed for  dating or sexual connections 
  • Forcing a person to take a non-sexual action against that person’s will by threatening to show, post,  or share information, video, audio, or an image that depicts the person’s nudity or sexual activity 
  • 8 Dissemination of a visual depiction of a current or former sexual or intimate partner in a state of nudity or engaged  in sexual conduct with the intent to harass, annoy, or alarm that person. 18 Pa.C.S.A. § 3131 (Unlawful Dissemination  of Intimate Image).
  • Knowingly soliciting someone under the age of consent as defined by state or federal law for sexual activity 
  • Engaging in sex trafficking as defined by state or federal law 
  • Creation, possession, or dissemination or child pornography as defined by state or federal law o “Stealthing,” defined as removing a condom (external (“male”) or internal (“female”)) during  sexual intercourse without affirmative consent of the sexual partner; or the act of intentionally  misleading a sexual partner to believe a condom is being used during sexual intercourse 
  • Attempts of conduct defined in the above definitions of domestic violence and dating violence,  
  • Discriminatory harassment based on sex, defined as any unwelcome sexual advance, request for sexual favor(s), or other unwelcome verbal, nonverbal, graphic, or physical conduct of a sexual nature when  such conduct is so severe, or pervasive, or so objectively offensive, that it has the purpose or effect of  unreasonably interfering with an individual’s work or academic performance by creating an  intimidating, hostile, or sexually offensive working, academic, or social environment. The purpose or  effect will be evaluated based on the perspective of a reasonable person in the position of a  Complainant. 

A single, isolated incident of discriminatory harassment may create a hostile environment if the incident  is sufficiently severe. The more severe the conduct, the less need there is to show a repetitive series of  incidents to create a hostile environment, particularly if the harassment is physical. 

Discriminatory harassment based on sex: 

  • May be blatant and intentional and involve an overt action, a threat or reprisal, or may be subtle  and indirect, with a coercive aspect that is unstated. 
  • Does NOT have to include intent to harm, be directed at a specific target, or involve repeated  incidents. 
  • May be committed by anyone, regardless of gender, age, position or authority. While there is often  a power differential between two persons, perhaps due to differences in age, social, educational,  or employment relationships, harassment can occur in any context. 
  • May be committed by a stranger, an acquaintance, or someone with whom the Complainant has or  had an intimate or sexual relationship. 
  • May be committed by or against an individual or may be a result of the actions of an organization  or group. 
  • May occur by or against an individual of any sex, gender identity, gender expression or sexual orientation. 
  • ∙ May occur in the classroom, in the workplace, in residential settings, or in any other setting. ∙ May be a one-time event or can be part of a pattern of behavior. 
  • May be committed in the presence of others or when the Parties are alone. 
  • May affect the Complainant, reporter and/or third Parties who witness or observe harassment. 

The University reserves the right to impose any level of Sanction, ranging from a reprimand up to and  including expulsion and/or termination, as appropriate, for any offense under this Policy. 

Force, Coercion, Consent, and Incapacitation 

As used in the definitions of consent below, the following definitions and understandings apply: 

Force: Force is the use of physical violence and/or physical imposition to gain sexual access. Force also  includes threats, intimidation (implied threats), and coercion that is intended to overcome resistance or  produce consent (e.g., “Have sex with me or I’ll hit you,” “Okay, don’t hit me, I’ll do what you want.”).  

Sexual activity that is forced is, by definition, non-consensual, but non-consensual sexual activity is not  necessarily forced. Silence or the absence of resistance alone is not consent. While resistance is not required  or necessary, it is a clear demonstration of non-consent.  

Coercion: Coercion is unreasonable pressure for sexual activity. Coercive conduct differs from seductive  conduct based on factors such as the type and/or extent of the pressure used to obtain consent. When  someone makes clear that they do not want to engage in certain sexual activity, that they want to stop, or  that they do not want to go past a certain point of sexual interaction, continued pressure beyond that point  can be coercive.  

Consent: Consent is  

  • knowing, and 
  • voluntary, and 
  • clear permission  
  • by word or action  
  • to engage in sexual activity.  

Since individuals may experience the same interaction in different ways, it is the responsibility of each  party to determine that the other has consented before engaging in the activity.  

Consent must be clearly provided prior to engaging in the activity, by either word or action. Permission or  agreement obtained through Force or Coercion does not constitute consent. 

For consent to be valid, there must be a clear expression in words or actions that the other individual  consented to that specific sexual conduct. Reasonable reciprocation can be implied. 

Consent can also be withdrawn once given, as long as the withdrawal is reasonably and clearly  communicated. If consent is withdrawn, that sexual activity should cease immediately. 

Consent to some sexual contact (such as kissing or fondling) cannot be presumed to be consent for other  sexual activity (such as intercourse). A current or previous intimate relationship is not sufficient to  constitute consent.  

In adjudicating complaints in which consent is disputed, the existence of consent is based on the totality of  the circumstances evaluated from the perspective of a reasonable person in the same or similar  circumstances, including the context in which the alleged incident occurred and any similar, previous  patterns that may be evidenced. 

Consent in relationships must also be considered in context. For example, when Parties consent to BDSM9 or other forms of “kink,” non-consent may be shown by the use of a safe word. Resistance, force, violence,  or even saying “no” may be part of the “kink” and thus consensual, so the University’s evaluation of  communication in such situations should be guided by reasonableness.  

Although the Pennsylvania and Delaware definitions are different from the definition of Consent in this  Policy (and thus will not be used by the University when addressing/resolving reports or Formal Complaints  under the Policy), the Violence Against Women Act requires that the University train the University  community on the definition of consent, with reference to sexual offenses, in the applicable jurisdictions,  which are Pennsylvania and Delaware. As such, the University provides the Pennsylvania and Delaware definitions here for reference: 

Pennsylvania law (Title IX Chapter 3: Culpability § 311. Consent. (a) General rule) provides: “The consent  of the victim to conduct charged to constitute an offense or to the result thereof is a defense if such consent  negatives an element of the offense or precludes the infliction of the harm or evil sought to be prevented by  the law defining the offense.” Pennsylvania does not have a definition of consent applicable to criminal  prosecutions of sex offenses.  

Delaware’s definition for “Without Consent” applicable to criminal prosecutions of sex offenses which is  as follows (Title 11 Chapter 494):  

(1) The defendant compelled the victim to submit by any act of coercion as defined in §§ 791 and  792 of this title, or by force, by gesture, or by threat of death, physical injury, pain or kidnapping to  be inflicted upon the victim or a third party, or by any other means which would compel a reasonable  person under the circumstances to submit. It is not required that the victim resist such force or threat  to the utmost, or to resist if resistance would be futile or foolhardy, but the victim need resist only to  the extent that it is reasonably necessary to make the victim’s refusal to consent known to the  defendant; or 

(2) The defendant knew that the victim was unconscious, asleep or otherwise unaware that a sexual  act was being performed; or 

(3) The defendant knew that the victim suffered from a cognitive disability, mental illness or mental  defect which rendered the victim incapable of appraising the nature of the sexual conduct or  incapable of consenting; or 

(4) Where the defendant is a health professional, as defined herein, or a minister, priest, rabbi or  other member of a religious organization engaged in pastoral counseling, the commission of acts of  sexual contact, sexual penetration or sexual intercourse by such person shall be deemed to be without  consent of the victim where such acts are committed under the guise of providing professional  diagnosis, counseling or treatment and where at the times of such acts the victim reasonably believed  the acts were for medically or professionally appropriate diagnosis, counseling or treatment, such  that resistance by the victim could not reasonably have been manifested. For purposes of this  paragraph, “health professional” includes all individuals who are licensed or who hold themselves  out to be licensed or who otherwise provide professional physical or mental health services,  diagnosis, treatment or counseling and shall include, but not be limited to, doctors of medicine and  osteopathy, dentists, nurses, physical therapists, chiropractors, psychologists, social workers,  

9 Bondage and discipline, dominance and submission, and sadism and masochism.

medical technicians, mental health counselors, substance abuse counselors, marriage and family  counselors or therapists and hypnotherapists; or 

(5) The defendant had substantially impaired the victim’s power to appraise or control the victim’s  own conduct by administering or employing without the other person’s knowledge or against the  other person’s will, drugs, intoxicants or other means for the purpose of preventing resistance. 

Incapacitation: A person cannot consent if they are unable to understand what is happening or are  disoriented, helpless, asleep, or unconscious, for any reason, including because of alcohol or other drugs, a  temporary or permanent physical or mental health condition, or involuntary physical restraint.  

It is a defense to a Policy violation that the Respondent neither knew nor should have known the  Complainant to be physically or mentally incapacitated. “Should have known” is an objective, reasonable  person standard which assumes that a reasonable person is both sober and exercising sound judgment.  

Incapacitation occurs when someone cannot make rational, reasonable decisions because they lack the  capacity to give knowing/informed consent (e.g., to understand the “who, what, when, where, why, or how”  of their sexual interaction).  

Incapacitation is determined through consideration of all relevant indicators of an individual’s state and is  not synonymous with the terms “intoxication” or “impairment,” or imprecise colloquial phrases such as  “blackout” or “drunk.” 

XIII. RETALIATION 

Retaliation can take many forms. It may be committed by or against an individual or a group, and a  Complainant, reporter, Respondent, third party, and any employee charged with implementing this Policy  and the related Procedures may also be the subject of Retaliation by another individual. It is a violation of  this Policy to retaliate in any way against an individual because they raised allegations under this Policy. 

Acts of alleged Retaliation should be reported immediately to the Director of OECR/Title IX Coordinator and will be promptly investigated by OECR. The University is prepared to take appropriate steps to protect  individuals who have been or fear that they may be subjected to Retaliation. Reports of Retaliation with  student Respondents will be adjudicated through Appendix B of the Procedures. Appendix C of the Procedures will be used for adjudication of employee Respondents.  

Charging an individual making a materially false statement in bad faith in the course of proceedings under  this Policy does not constitute Retaliation. A determination regarding responsibility, alone, is not sufficient  to conclude that any party has made a materially false statement in bad faith. 

XIV. FEDERAL TIMELY WARNING AND WARNING OBLIGATIONS 

Parties reporting sexual assault, domestic violence, dating violence, and/or stalking should be aware that  under the Clery Act, the University must issue timely warnings for incidents reported that indicate a serious  or continuing threat of bodily harm or danger to members of the campus community. 

The University will ensure that a Complainant’s name and other identifying information is not disclosed,  while still providing enough information for community members to make safety decisions in light of the  potential danger.  

Certain campus officials (those deemed Campus Security Authorities) have a duty to report particular  conduct10 for federal statistical reporting purposes. 

All personally identifiable information is kept private, but statistical information must be passed along to  Arcadia’s Department of Public Safety regarding the type of incident and its general location (on- or off campus or in the surrounding area, but no addresses are given) for publication in the University’s Annual  Security Report and daily campus crime log.  

Campus Security Authorities include: Dean of Students, Athletic Director, all athletic coaches (including  part-time employees and graduate assistants); a faculty advisor to a student group; Resident Assistants;  Director of OECR/Title IX Coordinator; the Director of Student Health Services, and the Director of the  Counseling Center. 

XV. FALSE ALLEGATIONS AND EVIDENCE 

Deliberately false and/or malicious accusations under this policy are a serious offense, are a violation of  this Policy, and will be subject to appropriate disciplinary action by the Student Affairs Office or the Office  of Human Resources. This does not include allegations that are made in good faith but are ultimately shown  to be erroneous or do not result in a Policy violation determination. 

Additionally, witnesses and Parties knowingly providing false evidence, tampering with or destroying  evidence after being directed to preserve such evidence, or deliberately misleading an official conducting  an investigation can be subject to discipline under University policy.  

XVI. AMNESTY FOR PARTIES AND WITNESSES 

The University encourages individuals to consider the reporting of misconduct and crimes by Parties and  witnesses. Sometimes, Parties or witnesses are hesitant to report or participate in Formal Grievance  Processes because they fear that they may be in violation of certain policies, such as if they were underage  drinking or using illicit drugs at the time of the incident, or violating restrictions related to COVID-19, or  a similar public health or safety emergency. This amnesty provision also applies for employees participating  in a Formal Grievance Process. 

To encourage reporting and participation in University process, the University maintains a policy of  offering Parties and witnesses amnesty from minor policy violations – such as underage consumption of  

10 a) All “primary crimes,” which include homicide, sexual assault, robbery, aggravated assault, burglary, motor  vehicle theft, and arson; 

b) Hate crimes, which include any bias motivated primary crime as well as any bias motivated larceny or theft, simple  assault, intimidation, or destruction/damage/vandalism of property; 

c) VAWA-based crimes (VAWA is the Violence Against Women Act, enacted in 1994 codified in part at 42 U.S.C.  sections 13701 through 14040), which include sexual assault, domestic violence, dating violence, and stalking; and d) Arrests and referrals for disciplinary action for weapons-related law violations, liquor-related law violations, and  drug abuse-related law violations.

alcohol or the use of illicit drugs, or violations of the COVID-19 restrictions, or a similar public health or  safety emergency, – related to the incident.  

Sometimes, students are hesitant to assist others for fear that they may get in trouble themselves (for  example, an underage student who has been drinking or using drugs might hesitate to help take an individual  who has experienced sexual assault to Public Safety). The University maintains a policy of amnesty for  students who offer help to others in need. While Policy violations cannot be overlooked, there may be  purely educational options with no official disciplinary finding, rather than punitive Sanctions, to those who  offer their assistance to others in need. 

The welfare of students, faculty, and staff is of paramount importance. All are urged to offer help and  assistance to others in need and take reasonable and prudent actions to prevent or stop an act of Sexual  Harassment or Sexual Misconduct. Taking action may include indirect or direct intervention when safe to  do so, enlisting the assistance of friends, contacting law enforcement, and/or seeking assistance from a  person in authority. 

XVII. UNIVERSITY DISCIPLINARY PROCESS FOR ALLEGED SEXUAL HARASSMENT AND  SEXUAL MISCONDUCT 

Any individual who believes that they have been subjected to Sexual Harassment or Sexual Misconduct  may choose to (a) participate in both the University disciplinary process described herein and an outside  law enforcement process; (b) the University process only; (c) the outside law enforcement process only; or  (d) none of the above. 

XVIII. EFFECTIVE DATE 

This Policy is effective on the date that it is signed by the President. 

XIX. SIGNATURE, TITLE, AND DATE OF APPROVAL 

By: _______________________________________ 

Ajay Nair, President 

Date: _______________________________________

The College of Global Studies (TCGS) Addendum

If you believe you are the victim of Sexual Harassment or Sexual Misconduct, you are encouraged to  consider seeking medical attention and/or assistance from law enforcement. 

It is important to understand, too, the legal implications of seeking assistance from a medical provider  and/or law enforcement in countries outside the U.S. in advance, as legal systems in certain countries  require that local law enforcement be notified if a sexual assault is reported to an organization like a  hospital or university, regardless of the wishes of the parties involved. Arcadia staff are trained to respond  with empathy and support to guide you through the resources available; whatever you may wish to pursue  or not pursue. 

In addition to the following, all students studying overseas with TCGS can call International SOS 24  hour per day, 7 days per week at +1 215-354-5957 or chat them on their app for assistance in seeking  medical care and/or counseling. International SOS has protocols for sexual assault cases, which receive  the highest level of attention within their assistance center and are overseen by medical staff specially  trained in supporting sexual assault survivors. If you wish, International SOS can serve as a confidential  resource and will not inform Arcadia University without your consent.  

Emergency resources are available as outlined below. 

Location/ ProgramEmergency  Services:  Medical  Attention/Law  EnforcementArcadia Abroad  Staff 24/7  Emergency  NumberInternational  SOS 24/7  Support (U.S. Number) Confidential  Resource if you do  not provide consent  for ISOS to share  information with  Arcadia. Local Resources Note: phone numbers are written in the country’s local format. 
Australia 000From a US SIM  card: 011-61-448- 111-097 From a local SIM  card: 0448-111-097+1 215-354-59571800RESPECT: www.1800respect.org.au Phone: 1800 737 732
England 999From US SIM card:  011-44-800-652- 5587 From local SIM  card: 0800-652- 5587+1 215-354-5957The Havens:  www.thehavens.org.uk/ Support  Line:/www.supportline.org.uk/ Galop LGBT Anti-Violence:  www.galop.org.uk/ Rape Crisis Eng & Wales:  rapecrisis.org.uk/ Rape Crisis national freephone  helpline: 0808 802 9999
Ireland 999From US SIM card:  011-353-87-187- 1458 From a local SIM  card: 087-187-1458+1 215-354-5957Rape Crisis Helpline:  www.rapecrisishelp.ie Phone: 1800 778888
Italy 112From a US SIM  card: 011-39-346- 030-8745 From a local SIM  card: 346-030-8745+1 215-354-59571522 Help Line Violence and  Stalking: Call 1522 from a local phone or use their website to chat. Available  24/7 and with English speakers. www.1522.eu/?lang=en For women & Italian speakers: www.artemisiacentroantiviolenza.it Phone: 055 602311
New  Zealand 111From a US SIM  card: 011-64-27678- 6700 From a local SIM  card: 027-678-6700+1 215-354-5957Safe to Talk:  www.safetotalk.nz/ Phone 0800 044 334, text 4334 Rape Crisis NZ:  www.rapecrisisnz.org.nz/ Phone: 0800 883300 
Northern Ireland 101From US SIM card:  011-353-87-187- 1458 From a local SIM  card: 087-187-1458+1 215-354-5957The Rowan Sexual Assault  Referral Centre (Belfast): Phone: 0 800 389 4424 
Scotland 999From US SIM card:  011-44-753-023- 9472 From local SIM  card: 0753-023- 9472+1 215-354-5957Rape Crisis Scotland:  www.rapecrisisscotland.org.uk Call: 08088 01 03 02 
Spain112 (all  emergencies)  092 Local police 091 National  policeRefer to Arcadia  Spain staff for up – to-date 24/7 phone  number+1 215-354-5957Resources in Spanish Women’s Institute, Resources for  women 900 200 999 (toll free);  Granada center: 958 02 58 00 Counseling for victims (UGR):  clinicadepsicologia@ugr.es
South  Africa 10111From a US SIM  card: 011-27-79- 685-5279 From a local SIM  card: 079-685-5279+1 215-354-5957Rape Crisis South Africa:  rapecrisis.org.za/ 24/7 Helpline: 021 447 9762 Tears: www.tears.co.za/ Call tears: *134*7355#

28 

South Korea 112Arcadia University  Public Safety From a US SIM  card: 215-572-9999 From a local SIM  card: 011-215-572- 9999+1 215-354-5957Call Seoul Crisis Intervention  Center for Women and Children  www.help0365.or.kr/eng.php Phone: 02-3672-0365
Wales 999From US SIM card:  011-44-800-652- 5587 From local SIM  card: 0800-652- 5587+1 215-354-5957Support  Line:/www.supportline.org.uk/ Galop LGBT Anti-Violence:  www.galop.org.uk/ Rape Crisis Eng & Wales;  rapecrisis.org.uk/ National freephone helpline 0808  802 9999 Rape & Sexual Abuse Center N  Wales: www.rasawales.org.uk/ Nightline: www.nightline.ac.uk/ Live Fear Free Helpline Phone: 0808 80 10 800, 24/7
Other  Countries  Outside the  U.S.View this chart to find the  equivalent of 911  in your host  country:  https://travel.state .gov/content/dam/ students abroad/pdfs/911_ ABROAD.pdfArcadia University  Public Safety From a US SIM  card: 215-572-9999 From a local SIM  card: 011-215-572- 9999+1 215-354-5957
USA (Intern Philly) 911Arcadia University  Public Safety: 215- 572-9999+1 215-354-5957RAINN: www.rainn.org/ Domestic Violence and Intimate  Partner Violence Hotline: 1 (800) 799 – 7233 Gay, Lesbian, Bisexual and  Transgender National Hotline Hotline: 1 (888) 843 – 4564,  help@LGBThotline.org
Arcadia  Abroad  Online911Call your home  university’s public  safety office or  Arcadia University  Public Safety at  215-572-9999+1 215-354-5957RAINN: www.rainn.org/ Domestic Violence and Intimate  Partner Violence Hotline: 1 (800) 799 – 7233 Gay, Lesbian, Bisexual and  Transgender National Hotline Hotline: 1 (888) 843 – 4564,  help@LGBThotline.org

ATIXA 2020 ONE POLICY, TWO PROCEDURES MODEL 

USE AND ADAPTATION OF THIS MODEL WITH CITATION TO ATIXA IS PERMITTED THROUGH A LIMITED LICENSE 

TO ARCADIA UNIVERSITY. 

ALL OTHER RIGHTS RESERVED. 

©2020. ATIXA

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