Sexual Harassment - Sexual Misconduct Policy
Notice of Non-Discrimination - Title IX
Title IX Coordinators
Options for Victims after an Incident of Dating Violence, Domestic Violence, Sexual Assault or Stalking has Occurred
In an Emergency
Confidential, Formal or Anonymous Reporting: Know your Options
Interim Measures, Accommodations, Protective Actions
Behavioral Signs of Domestic Violence, Dating Violence or Stalking
What is Consent?
Lack of Consent
Sexual Harassment and Misconduct Procedures
Equitable Rights for Complainant and Respondent
Student Conduct Board Process
Disclosure of Findings
Duty to Report and Timely Warnings Timeframe
Prevention and Education
Programs to Prevent Dating Violence, Domestic Violence, Sexual Assault and Stalking
NOTICE OF NON DISCRIMINATION – TITLE IX
In accordance with Title IX of the Education Amendments of 1972, which prohibits a college from discrimination based on sex, Lycoming College does not discriminate on the basis of sex or gender in the academic, educational, co-curricular, athletic or other programs and activities of the College, whether those programs take place at the College’s facilities or off-campus, at a class or training program sponsored by the College in another location, including overseas, online or elsewhere. Sex discrimination includes all form of sexual and gender-based harassment, sexual violence, sexual assault, sexual exploitation or intimidation, dating violence, domestic violence and stalking by students, employees or third parties against employees, students or third parties.
LYCOMING COLLEGE’S COMMITMENT TO ADDRESS SEXUAL DISCRIMINATION – SEXUAL MISCONDUCT
No form of sexual discrimination or sexual misconduct is tolerated at Lycoming College. The nature of these types of incidents are contrary to the educational mission of the institution, as well as federal and state law. Those identified as being responsible for such acts will be held accountable under the procedures described in this policy (up to and including expulsion from the College) and should understand that a student may decide to make a criminal complaint, outside of the institution.
The College conducts various educational programs throughout the academic year to advance the understanding of sexual discrimination, sexual misconduct or relationship violence. This educational programming is coordinated by the Offices of Residential Life, Counseling Services, Safety and Security, Campus Ministry, Fraternity and Sorority Life, the Department of Athletics, Human Resources and the Associate Dean of Students.
PURPOSE OF THE SEXUAL HARASSMENT AND SEXUAL MISCONDUCT POLICY
The purpose of this policy is to provide the Lycoming College community with a common understanding of definitions, key concepts and conduct expectations. This policy is intended to guide and support any student who has been affected by sexual discrimination or sexual misconduct. This policy identifies staff whose role it is to support affected individuals, provide contact information for where community members may access resources, and provide information on how to make a report on and off-campus, and guides students who may have filed a complaint as to the College’s procedures, interim measures and possible outcomes.
This policy focuses on student-on-student sexual harassment or misconduct, but will be coordinated with other institutional policies and legal processes, as appropriate e.g., complaints of sexual discrimination – sexual misconduct by an employee (faculty or staff) or third party.
TITLE IX COORDINATORS
Jackie Bilger, Director of Human Resources and Title IX Coordinator
Office Location: Long Hall, Room 114
The Title IX Coordinator has ultimate oversight responsibility for Title IX matters at Lycoming College. The Title IX Coordinator reviews and develops policies and procedures, collaborates in managing and resolving matters of student-staff incidents with the Associate Dean of Students and Deputy Title IX Coordinator. The Title IX Coordinator is responsible for identifying and addressing any patterns or systemic problems that arise during the review of complaints. In addition, the Title IX Coordinator is available to meet with students and all other members of the College community as needed.
Kate Hummel, Associate Dean of Students and Deputy Title IX Coordinator
Office Location: Safety & Security Office, Rich Hall Lower Level
The Deputy Title IX Coordinator’s responsibilities include developing and revising policy and procedures, overseeing and/or managing investigations and resolutions, determining appropriate interim measures and remedies for students. In addition, the Title IX Deputy Coordinator assists in training staff who are responsible to respond, investigate, or resolve sexual misconduct allegations. The Deputy Title IX Coordinator is available to meet with students and all other members of the College community as appropriate.
Inquiries or complaints may also be directed to: The Office for Civil Rights Philadelphia Office, U.S. Department of Education, 100 Penn Square East, Suite 515, Philadelphia, PA 19107-3323. Telephone number: (215) 656-8541; fax (215) 656-8605 or email OCR.firstname.lastname@example.org.
OPTIONS FOR VICTIMS AFTER AN INCIDENT OF DATING VIOLENCE, DOMESTIC VIOLENCE, SEXUAL ASSAULT OR STALKING HAS OCCURED
After an incident of dating violence, domestic violence, sexual assault, stalking or other sexual misconduct has occurred, individuals have many options for taking care of themselves and addressing the incident. No one way is the best way, and Lycoming College recognizes the sensitivity of such incidents and aims to support individuals and their choices.
Lycoming College staff will provide to students written notification about existing services both on and off-campus, including health, mental health, counseling, victim advocacy, legal assistance, visa and immigration assistance, student financial aid and other available services and how to request those services. Lycoming College staff will also provide to students who report they have been a victim of dating violence, domestic violence, stalking or sexual assault, whether the incident occurred on or off campus, written explanation of the student’s rights and options.
You have many options such as:
- notify on-campus Safety and Security and local police;
- be assisted by campus officials in notifying law enforcement authorities;
- only seeking medical attention and taking time to learn about and consider if you want to file a formal complaint;
- talking about the incident to a confidential staff member such as a counselor, a health service practitioner or the campus minister;
- interim measures, if reasonably available, such as a no communication directive; Safety and Security escort on campus; emotional support through counseling services; residential, academic or employment modification;
- upholding any court action, etc.;
- filing a complaint only internally with the institution;
- filling a complaint only with law enforcement;
- filing a complaint both internally with the institution and also filing a criminal complaint;
- report the incident anonymously, without disclosing your name or identity (this will support our reporting of crime statistics): https://www.lycoming.edu/safetyAndSecurity/form-incident-report.aspx;
- decline to notify authorities/campus officials or report the incident.
Lycoming College will support you by:
- Protecting the confidentiality of Complainants/Victims and other necessary parties, to the extent that maintaining such confidentiality would not impair the ability of the institution to provide accommodations or protective measures, conduct an investigation and resolve the matter.
In an Emergency:
- Find a safe location. Ask a trusted friend to be with you for support and if you want, to walk with you to Safety and Security. You can even bring your friend to support you at the hospital.
- Preserve any physical evidence of the incident. If there is any physical evidence, it is important to preserve it now, as it may be helpful in obtaining a protective order and later assist if there is any legal process.
- You should not bathe, wash your hands, brush your teeth, drink or smoke.
- Keep your clothes that you were wearing during the incident. If you have already changed, put the clothes you were wearing during the incident in a paper bag and bring them with you to the hospital. (plastic bags and containers may damage evidence). At the hospital, the nurse will likely keep your clothes from the incident, so you may want to bring an extra change of clothes with you to the hospital.
- Do not disturb the location where the incident occurred. Do not clean the room or remove anything.
- Report the incident to the Department of Safety and Security:
Safety and Security Emergency: (570) 321-4911
General: (570) 321-4064
Williamsport Police Department: 911
Seek medical care as soon as possible. College Safety and Security may transport you to and from the hospital.
Williamsport Regional Medical Center
700 High Street
Williamsport, PA 17701
You may have physical injuries, you may be at risk of acquiring sexually transmitted diseases, and women may be at risk for pregnancy.
- At the emergency room, ask staff to contact a Sexual Assault Forensic Nurse Examiner (SAFNET).
- If you think that you may have been drugged, request a urine sample be collected for evidence.
If you go to the hospital you are NOT obligated to talk to the police or pursue legal action.
- When you are ready to return to campus from the hospital, you may call Safety and Security at (570) 321-4064 to pick you up and transport you back to the College.
SAFNET recommends having a physical examination completed by a SAFNET nurse within 72 hours, so that any evidence may be collected now, which will allow you time to learn about possible options and whether or not you want to file charges in the future.
SAFNET are experienced nurses for patients who have been sexually assaulted; they provide compassionate care for victims. The nurse may complete a physical examination, including collecting evidence and specimens, give medicine as needed and explain a follow-up plan to the patient.1
CONFIDENTIAL, FORMAL OR ANONYMOUS REPORTING: KNOW YOUR OPTIONS
Below is information, intended to make students aware of the various reporting and confidential disclosure options, so they can make informed decisions about who to talk with if they are a victim of sexual harassment or sexual misconduct.
Lycoming College’s counselors, health service practitioners and the campus minister are designated confidential resources that may provide immediate and ongoing support for students who have experienced sexual misconduct. Disclosure to these employees will generally not trigger a College investigation into an incident against the Complainant’s wishes. It is only under exceptional circumstances where confidential staff believe that there is a threat to the well-being or safety of an individual or others that they are obligated to report the information to a small group of staff who have responsibility to investigate and resolve such matters. In all circumstances, the Complainant will be informed of the process, if such steps are deemed necessary. While maintaining a Complainant’s confidentiality, these employees or their office should report limited information, including the nature, date, time and general location of an incident to the Title IX Coordinator, without revealing any personally identifying information.
A student who speaks to a counselor, health professional or campus minister must understand that if the student wants to maintain confidentiality and a threat to individuals or others is not evident, the College is unable to conduct an investigation or pursue disciplinary action into that particular incident or Respondent.
Off campus counselors, advocates and health care providers generally maintain confidentiality and do not share information with the College unless the person bringing the complaint forward requests the disclosure.
Pastoral counselors and professional counselors at the College are not mandated to report statistics for inclusion in the annual disclosure of crime statistics. These professionals may, if and when they deem it appropriate, inform the person(s) who they are counseling of any procedures to report crimes on a voluntary, confidential basis for the inclusion in Lycoming College's annual disclosure of crime statistics.
Confidential Reporting to Counselors and Advocates
Hours: M-F/ 8:00 a.m. to 4:30 p.m.
Wertz Student Center, 3rd Floor
Townsend Velkoff – Director
Stephanie Fortin – Assistant Director
Hours: M-F/ 8:00 a.m. to 4:30 p.m.
Sondra Stipcak – Director
Kathy Lucas – PT Nurse
Dr. Todd Fausnaught – contract PT Physician
Rev. Jeff LeCrone
*The nearest hospital is Williamsport Regional Medical Center.
Williamsport Regional Medical Center ER
700 High Street, Williamsport
Muncy Valley Hospital
215 East Water Street
Muncy, PA 17756
OFF-CAMPUS COMMUNITY CENTERS
YWCA Wise Options
CRISIS HOTLINE: (800) 326-8483 | (570) 323-8167
815 West Fourth Street, Williamsport, PA 17701
Other Community Centers, outside of Williamsport:
TOLL FREE HOTLINE: (800) 850-7948
Phone: (570) 523-6482
Clinton County Women’s Center
Lock Haven, PA
Hotline: (570) 748-9509
Phone: (570) 748-9539
LIVE, CONFIDENTIAL CHATS THROUGH NATIONAL ORGANIZATIONS
National Sexual Assault Hotline
National Domestic Violence Hotline
What is the YWCA Wise Options?
“Wise Options is a safe haven and source of support for the people of Lycoming County, giving help and hope to women, men and children surviving Domestic Violence, Sexual Assault and other Violent Crimes. Free and confidential services are provided by Wise Options 24-hours a day, seven days a week. Trained staff and volunteers provide immediate support and information to help clients deal with crisis and offer follow-up assistance to cope with ongoing related issues.”2
“Transitions is a crisis center that provides advocacy, empowerment, and education to victims, survivors, families and communities to end patterns of violence and abuse.” Additional services include their 24 hour hotline, emergency shelter, legal advocacy and medical advocacy.3
Clinton County Women’s Center
Services that the Clinton County Women’s Center provide include, a 24 hour hotline, safe shelter, options/empowerment counseling, support groups, legal advocacy and medical advocacy.4
Campus officials who conduct alleged sexual misconduct investigations, support Complainant(s) and resolve these matters are trained and experienced practitioners who aim to protect the safety and well-being of individuals and the whole campus community. When a student tells a responsible employee about an incident of sexual misconduct, the student should expect the College to take immediate steps to investigate and resolve the matter promptly and equitably.
Safety and Security
Emergency: (570) 321-4911
General: (570) 321-4064
Kate Hummel, Associate Dean of Students
Rich Hall lower level, Safety & Security Office
Hours: M-F/ 8:00 a.m. to 4:30 p.m.
Jackie Bilger, Director of Human Resources and Title IX Coordinator
Long Hall, Room 114
Hours: M-F/ 8:00 a.m. to 4:30 p.m.
Williamsport Police Department
245 West 4th Street, Williamsport
*If a victim wants to make a police report, College staff may assist a student in contacting the local police station.
OTHER SUPPORT SERVICES
Lycoming College does not provide legal assistance. Students who are seeking legal assistance may begin reviewing the Pennsylvania Bar Association's webpage: http://www.pabar.org or by calling the PBA Lawyer Referral Service at 1-800-692-7375 for assistance. An online guide to legal services and legal information in Pennsylvania is also available at: http://www.palawhelp.org.
Visa and Immigration Assistance:
Dan Miller, Vice President for Student Life and Dean of Students
Long Hall, Room 101
Student Financial Aid
Jim Lakis, Director of Financial Aid
Melissa Masse, Assistant Director of Financial Aid
Long Hall, Room 106
Responsible Employees And College Obligations To Investigate
Once the College has notice of sexual harassment or sexual misconduct, the College is obligated to investigate promptly. Confidential information regarding any report of alleged sexual discrimination or misconduct is maintained by the Department of Safety and Security and the Title IX Coordinators.
All College employees (with the exception of counselors, health services practitioners and the campus minister) are mandated reporters and have a duty to report any details they know of a sexual misconduct incident to Safety and Security, the Title IX Coordinator or Deputy Title IX Coordinator.
Request For Confidentiality Or No Action
When a student wishes to maintain confidentiality or requests that no further action be taken, Lycoming College’s Title IX Coordinator and Deputy Coordinator will evaluate the request in the context of the College’s responsibility to provide a safe and nondiscriminatory environment to its students. If the College honors the request for confidentiality, the College’s ability to investigate the incident and pursue disciplinary action may be limited. In rare circumstances, the College may not be able to honor the student’s request for confidentiality and may need to investigate and resolve the matter, in order to provide a safe and nondiscriminatory environment for the College’s campus community. The student making the request will be informed of the Title IX Coordinators’ decision as to whether or not the institution may honor the request or will need to proceed.
Lycoming College provides an online anonymous reporting form that may be found on the webpages of the Department of Safety and Security
and Residential Life. To access the form, go to: https://www.lycoming.edu/safetyAndSecurity/form-incident-report.aspx.
Any individual may make an anonymous report of a sexual misconduct incident online, which is forwarded to the Department of Safety and Security. An individual may report the incident without disclosing his/her name or identifying the Respondent. The College is obligated to investigate any report of alleged sexual misconduct; however, depending on the level of information received, the College may be limited in its ability to respond. All reports will be forwarded to the Title IX Coordinators. The Anonymous Reporting form in a method to report crimes on a voluntary, confidential basis for the inclusion in Lycoming College's annual disclosure of crime statistics.
INTERIM MEASURES, ACCOMMODATIONS, PROTECTIVE ACTIONS
Interim measures are services, assistance, accommodations or protective actions that the College puts in place after receiving notice of alleged sexual misconduct, but before any final outcomes or results. The College will take interim measures and remedies as needed to provide support and protective measures for the well-being or safety of individuals, members of the campus community or the integrity of the review process. The College will maintain confidentiality of interim measures to the extent possible and where such confidentiality would not impair the ability of the institution to provide the service.
Upon receiving a report of sexual misconduct, the College will provide written notification of interim measures to the Complainant and to the Complainant’s Advisor, if one is selected at that time, and ask what, if any measures are requested by the Complainant. The College will make such an accommodation or provide such protective measures requested, if they are reasonably available, regardless of whether the Complainant chooses to report the crime to Safety and Security or local law enforcement.
The student requesting services, assistance, accommodations or protective actions may do so by contacting the Director of Safety and Security, Director of Residential Life or the Associate Dean of Students and Deputy Title IX Coordinator. Students may also request services confidentially through staff in Counseling Services, Health Services or the Campus Minister. A student may also request services through an Advisor of choice.
The Vice President for Student Life and Dean of Students, Director of Human Resources and Title IX Coordinator, Associate Dean of Students and Deputy Title IX Coordinator, Director of Safety and Security and Director of Residence Life, or their designee(s) have discretion to impose interim measures, which may include, but are not limited to:
- Medical and mental health services, including counseling;
- A “No Communication” directive, pending the outcome of an investigation. The directive is a notice to both parties that they must not have verbal, written, electronic or third party communication with one another;
- Change in campus housing, or restriction from floors or building;
- Providing a Safety and Security escort to ensure the student can move safely between College programs and activities;
- Assistance in changing or modifying work schedule;
- Academic accommodations (e.g., rescheduling an assignment or test; accessing tutoring; transferring to another section of a lab, if available; arranging for incompletes or a withdrawal from the College; preserving eligibility for scholarships, financial aid, study abroad or foreign student visas);
- Parking arrangements to ensure safety and access to other services;
- Assistance in contacting on-campus or off-campus advocacy, support and services;
- Assistance contacting local authorities;
- Support in upholding any court action/order.
The College will work with the Complainant, and if Complainant desires, his/her Advisor to identify what interim measures are reasonably immediately, and will continue to work with Complainant throughout the process to continue to assess, and if requested and reasonably available, continue or initiate other measures or remedies.
These measures do not presume responsibility for violation(s) of the Student Code of Conduct.
This policy prohibits “sexual misconduct” and “relationship violence” which are broad categories encompassing the conduct defined below. Sexual misconduct and relationship violence can be committed by anyone (regardless of sex) and can occur between people of the same or different sexes.
Sexual Harassment may include, but is not limited to, unwelcome sexual advances, requests for sexual favors, or other verbal, nonverbal or physical conduct of a sexual nature, including sexual assault. Sexual harassment also includes non-sexual harassment or discrimination of an individual because of his or her sex and/or gender, including harassment based on an individual’s non-conformity with gender stereotypes.
This Policy prohibits two types of sexual harassment:
Tangible employment or educational action: This type of sexual harassment occurs when the terms or conditions of employment, educational benefits, academic grades or opportunities, living environment or participation in a College activity is conditioned upon, either explicitly or implicitly, submission to or rejection of unwelcome sexual advances or requests for sexual favors or such submission or rejection is a factor in decisions affecting that individual’s employment, education, living environment, or participation in Lycoming College’s programs or activities.
Hostile Environment: This type of sexual harassment occurs when harassment is sufficiently serious (i.e., severe, pervasive, or persistent) and objectively offensive so as to deny or limit a person’s ability to participate in or benefit from the College’s programs, services, opportunities, or activities; or when such conduct has the purpose or effect of unreasonably interfering with an individual’s employment.
A hostile environment may be created by anyone involved in a college program or activity (e.g., administrators, faculty members, students, campus guests and even non-community members). Mere offensiveness is not enough to create a hostile environment. A serious incident, such as a sexual assault, is sufficient to create a hostile environment.
In determining whether sexual harassment has created a hostile environment, consideration will be made not only as to whether the conduct was unwelcome to the person who feels harassed, but also whether a reasonable person in a similar situation would have perceived the conduct as objectively offensive. Further, the following factors will be considered:
- The degree to which the conduct affected one or more students’ education or individuals’ employment;
- The nature, scope, frequency, duration, and location of the incident or incidents;
- The identity, number and relationships of persons involved;
- The impact on the campus community, if any.
Sexual Violence is a form of sexual harassment prohibited by Title IX. Various acts fall into the category of sexual violence, including rape, sexual assault, sexual battery and sexual coercion. All such acts of sexual violence are forms of sex discrimination covered under Title IX.5
Sexual Assault is any actual or attempted sexual contact or behavior directed at another person without consent, including where the victim is incapable of giving consent because of his/her youth or temporary or permanent mental capacity. Sexual assault includes, but is not limited to:
- Non-Consensual Sexual Intercourse: Sexual intercourse without consent, including where the person is incapable of giving consent because of his/her temporary or permanent incapacity or his/her youth. Non-consensual sexual intercourse may include acts such as rape, sodomy or sexual assault with an object.
- Non-Consensual Sexual Contact: Intentional and unwelcome touching of or coercing, forcing or attempting to coerce or force another to touch a person’s intimate parts (defined as genital area, groin, inner thigh, buttocks, or breast) without consent, including where the victim is incapable of giving consent because of his/her youth or his/her temporary or permanent mental incapacity.
Sexual Exploitation occurs when a person takes non-consensual or abusive sexual advantage of another for anyone’s advantage or benefit other than the person being exploited. Examples of behavior that could rise to the level of sexual exploitation include:
- Prostituting another person;
- Non-consensual visual (e.g., video, photograph) or audio recording of sexual activity;
- Non-consensual distribution of photos, other images, or information of an individual’s sexual activity, intimate body parts, with the intent to or having the effect of embarrassing an individual who is the subject of such images or information;
- Going beyond the bounds of consent (such as letting friends hide in the closet to watch consensual sex);
- Engaging in non-consensual voyeurism;
- Knowingly transmitting an STI, such as HIV, to another without disclosing such status;
- Exposing one’s genitals in non-consensual circumstances, or inducing another to expose his or her genitals;
- Possessing, distributing, viewing or forcing others to view illegal pornography.
Domestic Violence is a pattern of abusive behavior that is used by an intimate partner to gain or maintain power and control over the other intimate partner. Domestic violence can be physical, sexual, emotional, economic, or psychological actions or threats of actions that influence another person. This includes any behaviors that intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure, or wound someone. 6
Dating Violence is violence committed by a person who is or has been in a social relationship of a romantic or intimate nature. The existence of such a relationship is determined based on a consideration of the following factors:
- The length of the relationship;
- The type of relationship;
- The frequency of interaction between the persons involved in the relationship.7
Stalking is a pattern of repeated and unwanted attention, harassment, contact, or any other course of conduct directed at a specific person that would cause a reasonable person to feel fear.8
Inducing incapacitation for sexual purposes includes using drugs, alcohol, or other means with the intent to affect or having an actual effect on the ability of an individual to consent or refuse to consent to sexual contact is prohibited under this policy.
Intimidation is an unreasonable amount of pressure, such as using threats or some other form of pressure to acquiesce another party into sexual activity.
Retaliation is any adverse action taken by an accused individual or an action taken by a third party against any person because that person has filed a complaint, testified, assisted, or participated in any manner in an investigation or proceeding under this policy. Retaliation also includes action taken against a bystander who intervened to stop or attempt to stop harassment or sexual misconduct. Retaliation includes but is not limited to intimidating, threatening, coercing, or in any way discriminating against an individual because of the individual’s complaint or participation. Action is generally deemed retaliatory if it would deter a reasonable person in the same circumstances from opposing practices prohibited by this policy. Retaliation is prohibited under this policy. Lycoming College will take steps to prevent retaliation and will take strong responsive action if it occurs.
Behavioral Signs Of Domestic Violence, Dating Violence Or Stalking
- Intimidation: Smashing things, abusing pets, destroying victim's property, displaying weapons.
- Threats: Making and/or carrying out threats to harm the victim, to commit suicide, to report him or her to child welfare, to make him or her drop charges.
- Isolation: Controlling what the victim does, sees, and reads, limiting who the victim talks to.
- Emotional abuse: Putting the victim down, calling him or her names, making him or her think he or she's crazy, playing mind games.
Someone involved in an abusive relationship might display certain behavioral signs including:
- Inconsistent explanations: Victims may provide inconsistent explanations as to the cause of their injuries due to fear of alerting others to the severity of their situation.
- Alcohol abuse: Victims may use alcohol as a means of escape from their everyday reality of abuse.
- Injuries in multiple stages of healing: Bruises are the most common form of injury and have the following stages of healing: purple to green to yellow.”9
WHAT IS SEXUAL CONSENT?
Sexual consent is informed, freely and actively given by mutually understandable words or actions that indicate permission and willingness to engage in sexual activity.
- Informed when parties have information and understanding of sexual activity;
- Freely given when there is no pressure, coercion, intimidation, threat, or force;
- Actively given when there is engagement in sexual activity; and
- Mutually understandable when parties express in words or actions their willingness or agreement to sexual activity.
LACK OF CONSENT10:
There is no consent when sexual activity is not informed, freely and actively given and mutually understandable.
- Conduct is unwelcome when a person does not invite or request it;
- Silence or absence of resistance does not imply consent;
- Past consent does not imply future consent;
- Consent to engage in sexual activity with one person does not imply consent to engage in sexual activity with another;
- Consent can be withdrawn at any time during sexual activity;
- Force, threat or coercion invalidates consent. Coercion is an unreasonable amount of pressure, such as using threats or intimidation, or some other form of pressure to acquiesce another party into sexual activity;
- Someone who is incapacitated cannot give consent. Incapacitation or the lack of ability to make a clear and reasonable decision may be due to many factors, such as use of drugs or alcohol, when a person is asleep or unconscious, or because of an intellectual or other disability. Consent cannot be given by minors;
- A person who is incapacitated is not able to give consent because s/he cannot reasonably understand what is occurring and cannot make rational decisions;
- A person with temporary or permanent mental incapacity cannot give consent.
SEXUAL HARASSMENT, SEXUAL VIOLENCE AND SEXUAL MISCONDUCT PROCEDURES
Equitable Rights for Complainant and Respondent
The College supports an equitable, or fair and impartial process for both the Complainant and Respondent, including:
- The opportunity to present their own information, evidence and perspectives;
- Access to reasonably available counseling or other student services;
- The support of an Advisor of their choice throughout the process;
- The opportunity to name and present relevant witnesses;
- The Respondent and Complainant will have access to one another’s written statements and any investigative reports;
- In alleged non-consensual sexual intercourse proceedings, the Respondent and Complainant may not directly question one another;
- Witness statements and the names of all witnesses who will be called to provide their perspective during the hearing will be shared with the Complainant and Respondent, with certain exceptions such as if there is concern for that witness’s well-being or safety;
- Pertinent documents made available to the Student Conduct Board for resolution of the matter will be accessible for review by the Complainant and Respondent;
- To request that any member of the Student Conduct Board be removed from the process based upon demonstrated bias;
- Simultaneous notification, in writing, of the outcome and sanction of any disciplinary hearing result, including any Appeal decisions;
- To request an Appeal in accordance with the standards for Appeal
More information about the student conduct process may be found in the Student Code of Conduct.
Both the Complainant and Respondent may select an Advisor of his or her choice from within or outside the College community throughout any proceeding (see definition of proceeding below) or student conduct process. The Advisor’s role is primarily a support for the student. The Advisor may be present during the investigation or hearing process, but may not directly participate in the investigation or hearing process, which limitation includes questioning witnesses or the other party, presenting evidence or advocating for the student to the investigator(s) and/or Student Conduct Board Members, as well as such other restrictions as the College may determine appropriate in particular circumstances. Delays will not normally be allowed because of scheduling conflicts with Advisors.
For a list of Lycoming College’s faculty/staff Advisors, please contact the Associate Dean of Students, Kate Hummel at email@example.com. Students are not limited to these Advisors. Students may choose any Advisor, such as another student, faculty or staff member at Lycoming College or someone from outside of the institution, such as a friend, counselor or attorney.
After receiving information of an alleged sexual misconduct incident, there will be a prompt, fair and impartial proceeding. Proceeding means all activities related to a resolution of an institutional disciplinary complaint, including fact-finding investigations, formal or informal meetings, and hearings. Proceeding does not include communications and meetings between college officials and Complainant that concern Complainant’s accommodations or protective measures to be provided. Generally, the investigation will be conducted by one or two staff members who receive annual training on the issues related to dating violence, domestic violence, sexual assault and stalking and how to conduct an investigation.
The proceeding aims to be transparent and equitable. The Complainant will be interviewed and information will be collected by the Investigator(s). The Complainant may provide a written statement regarding the allegation of sexual misconduct, as well as the name of the Respondent(s) and name and contact information of any witnesses. The Respondent will be interviewed and information will be gathered by the Investigator(s). The Respondent may provide a written statement in response to the allegation and provide name and contact information of any witnesses.
The investigation may include information provided by local police in their fact gathering, but Lycoming College’s procedures are separate and distinct from the procedures used in a police investigation. Lycoming College will not wait for the completion of the criminal proceedings in order to conduct its investigation, although the investigation may be delayed temporarily while the police are gathering evidence.
During the investigation, the Complainant and the Respondent and any witnesses are expected to cooperate fully with College staff and provide truthful information. Both the Complainant and the Respondent will be given periodic updates regarding the progress of the investigation and other proceedings by the staff members managing and resolving the matter.
Post Investigation Procedures
Following the investigation, the investigator(s) will prepare a written report summarizing the findings of the investigation, which is accessible by both the Complainant and Respondent. Possible outcomes of the investigation include, but are not limited to:
Sufficient Basis. It may be determined that there is sufficient information to proceed with the Student Code of Conduct process. In this case, the Complainant and the Respondent will be notified. The matter will be referred to the appropriate proceeding, whether Conflict Resolution, Simple Resolution, Administrative Hearing or Student Conduct Board Hearing. Generally, cases where the sanction may result in suspension or expulsion will be referred to a Student Conduct Board Hearing. Matters where the resulting sanction would not result in a suspension or expulsion will normally be resolved through an Administrative Hearing. Matters that are not considered severe and which may result in a Formal Warning, Disciplinary Notice, and/or other educational sanction(s), interim measure(s) or accommodation(s) may be resolved through a Simple Resolution or Conflict Resolution. Once there is a result, the Complainant and Respondent will receive simultaneous notification, in writing, of the outcome.
Conflict Resolution may be determined to be appropriate by the Associate Dean of Students or designee, in consultation with the Title IX Coordinator, and is conducted only by agreement of the Complainant and Respondent; and only if the matter does not involve non-consensual sexual intercourse, or may result in disciplinary suspension or expulsion from the college.
Insufficient Information. It may be determined that there is insufficient information to resolve the complaint through the student Code of Conduct process. In this case, the Complainant and the Respondent will be notified. If the Complainant believes that a determination of insufficient basis has been found in error, s/he may Appeal the matter to the Title IX Coordinator. If the Title IX Coordinator determines that there is sufficient information or there is new evidence that may change the outcome of the investigation, the complaint will be referred for further proceeding, as the Title IX Coordinator deems appropriate. If the Title IX Coordinator agrees that there is insufficient information or determines that there is no new information that may change the outcome of the investigation both the Complainant and Respondent will be notified in writing as to the decision of the Title IX Coordinator.
FORMAL STUDENT CONDUCT BOARD AND ADMINISTRATIVE HEARING PROCEEDINGS
Complaints involving students may be resolved through an Administrative Hearing or a Student Conduct Board Hearing, as determined appropriate by the Associate Dean of Students or designee, in consultation with the Title IX Coordinator. Both the Complainant and Respondent will be provided timely and equal access to any information that will be used during a Simple Resolution, Administrative Hearing and Student Conduct Board Hearing.
Simple Resolution is a formal written process for minor allegations of The Student Code of Conduct. A Conduct Official reviews information and sends a student, organization or group notice, generally via email, of the alleged violation(s) and recommended sanction(s). If a student, organization or group accepts responsibility for the violation(s) and agrees with the recommended sanction(s), a formal record of the Simple Resolution, along with pertinent information, will be maintained in the student’s discipline file or the organization or group’s file. If a student disagrees that a violation has occurred and/or with the recommended sanction(s), s/he may request a formal Administrative Hearing within five (5) days of the date of the Simple Resolution notice.
An Administrative Hearing is a formal hearing process for an allegation(s) of the Student Code of Conduct. Conduct Official(s) generally meet with the Respondent student(s), organization(s) or group(s). During the hearing, the allegation(s) are reviewed, information summarized and possible sanctions discussed. The hearing is an opportunity for the student to provide his/her perspective and respond to the allegation(s). After an Administrative Hearing, a student(s), organization(s) or group(s) will receive a formal Decision Letter.
Student Conduct Board Hearing is a formal hearing generally conducted by three (3) student conduct members. For cases of alleged Sexual Harassment-Sexual Misconduct, students do not serve on the Student Conduct Board; for these allegations, the Student Conduct Board is compromised only of faculty and staff members. The Associate Dean of Students or designee will function as a non-voting Chair of the Board. Generally, cases referred to the Student Conduct Board are allegations that may result in significant sanctions, such as Suspension or Expulsion from the institution. For more information on the student conduct process, visit the Student Code of Conduct.
Standard of Review
The preponderance of evidence standard, also known as the more likely than not standard, will be used in Title IX investigations, proceedings and hearings.
Both the Complainant and the Respondent have the right to request an Appeal of an Administrative Hearing or Student Conduct Board Hearing. For more information on Appeal procedures, please visit the Appeal Process in the Student Code of Conduct.
Result means any interim measure or final decision by any official authorized to resolve disciplinary matters within the institution.
The result may include any interim measure(s) that are imposed by an official of the college, and which remain in effect.
After an investigation, if the result is insufficient information, and if the Complainant does not agree with the findings of the Investigator(s), s/he may appeal to the Title IX Coordinator. The Title IX Coordinator may agree that there is insufficient information or determines that there is no new information that may change the outcome of the investigation. In this case, the result of the investigation is insufficient information and both the Complainant and Respondent will be notified in writing as to the decision, which is the result of the matter, by the Title IX Coordinator. However, if the Title IX Coordinator determines that there is sufficient information or there is new evidence that may change the outcome of the investigation, the matter will be referred for further proceeding, as the Title IX Coordinator deems appropriate, which may alter the result.
Results are in the form of sanctions imposed by the institution after a Simple Resolution is accepted by the Respondent, or sanctions imposed b College Officials following an Administrative Hearing or Student Conduct Board Hearing. Both the Complainant and the Respondent have the right to request an Appeal of the result from a Simple Resolution, Administrative Hearing or Student Conduct Board Hearing. The result determined by the Appeal Review Panel is generally the final procedural opportunity for students in the disciplinary process. Only in cases where a student may be separated from the institution, may a final request for Appeal be sent to the President of the College. If the President accepts the appeal, the decision is the final result of the matter.
Following the results of any institutional disciplinary proceeding for an allegation of dating violence, domestic violence, sexual assault or stalking, if a student is found responsible for violating the Sexual Harassment – Sexual Misconduct Policy, the sanctioning official(s) will consider many factors in determining the appropriate outcome, such as the impact to the victim(s), any ongoing risk(s) to either the victim (s), or to the College community, any previous conduct violations of the Respondent and the seriousness of the incident. Students found responsible for sexual violence or sexual assault may face suspension or expulsion from the College. However, the College reserves the right to impose any sanction and/or protective measures listed within the Student Code of Conduct. For a comprehensive list of sanctions that may be imposed after any disciplinary proceeding, please go to: http://www.lycoming.edu/studentLife/studentHandbook/codeOfConduct.aspx#sanctions.
Disclosure of Findings
The Complainant and Respondent will receive simultaneous notification, in writing, of the outcome and sanction of any disciplinary hearing, including any Appeal decisions.
The College will disclose the results of crimes of violence or non-forcible sex offenses to an alleged victim or an alleged victim's next of kin, as appropriate.
The Associate Dean of Students maintains records which normally consist of any formal complaint, copies of the written statements of Complainant and Respondent, any Investigative materials and reports, the record of the Hearing and written record of the result(s).
If there is an Appeal, this record is appended to the written record of the original decision and kept in confidential student conduct files.
Any individual who files a complaint of sexual misconduct or serves as a witness to the incident is not subject to disciplinary action for his/her own consumption of alcohol or drugs during the time of the sexual misconduct. For more information about this policy, certain exceptions or provisions, refer to the Medical Amnesty Policy.
DUTY TO REPORT AND TIMELY WARNINGS
In addition to mandated reporter obligations, certain staff members have a duty to report information regarding sexual misconduct incidents, such as the type of incident and general location, for federal statistical reporting purposes. In addition, the College may be required to release information by process of law; for example, when records are subpoenaed or subject to court order.
College administrators are responsible for informing the campus community regarding incidents reported to them that pose a substantial threat of physical harm or danger. Lycoming College will withhold the name of the Victim/Complainant and his/her personally identifiable information. The College is obligated to provide sufficient information for the College community to be able to make safety decisions regarding any possible harm or danger. For example, the College may release information as to the location of the incident and physical characteristics of the Respondent if deemed appropriate.
The investigation up through resolution will generally be completed within 60 days. Lycoming College strives to maintain a process that is prompt, reliable, impartial and equitable to all parties involved. If there are any questions about the process or delays, the College encourages students to contact the Associate Dean of Students, Kate Hummel at firstname.lastname@example.org.
PROGRAMS TO PREVENT DATING VIOLENCE, DOMESTIC VIOLENCE, SEXUAL ASSAULT AND STALKING
Lycoming College prohibits dating violence, domestic violence, sexual assault, and stalking and; therefore, is committed to providing the campus community with various programs throughout the academic year aimed to:
- bring awareness to and share information and resources to prevent or stop dating violence, domestic violence, sexual assault or stalking
- advance the understanding of topics through ongoing campaigns relevant to sexual misconduct and skills for addressing such behavior
- reduce risks, including recognizing situations of potential harm and empowering individuals to promote safety, overcome barriers to intervening and, provide safe and positive options that may be carried out to prevent harm or intervene when there is risk of dating violence, domestic violence, sexual assault, or stalking.
Educational programming is coordinated by the Offices of Residential Life, Counseling Services, Safety and Security, Campus Ministry, Fraternity and Sorority Life, the Department of Athletics, Human Resources, the Associate Dean of Students and Students.
The Office of Counseling Services administers an online module titled Campus Clarity, Think About It to all incoming first-year students in order to address high-risk drinking and sexual misconduct prevention. There are follow-up modules that first year students are required to complete after one month of being on campus and after three months of being on campus. For more information about Campus Clarity, Think About It, please visit: https://home.campusclarity.com/tag/think-about-it-2/
During Orientation, departments collaborate to deliver presentations to incoming student’s on awareness and prevention information, including a clear message that no form of sexual discrimination is tolerated at Lycoming College, definitions of dating violence, domestic violence, sexual assault and stalking, information on consent and the role of alcohol/drugs during sexual activity, Amnesty, how to report an incident confidentially or anonymously, resources on and off-campus, risk-reduction and victim empowerment, and bystander intervention tips.
The Departments of Safety and Security and Health Services offer the Rape Aggression Defense (RAD) System, which is a program of realistic, self-defense tactics and techniques. The RAD System is a comprehensive course for women that begins with awareness, prevention, risk reduction and avoidance, while progressing on to the basics of hands-on defense training. Our courses are taught by certified RAD instructors. At Lycoming College RAD is offered as a credit course toward Wellness. For more information, visit: http://www.lycoming.edu/safetyAndSecurity/crimePrevention.aspx.
Throughout the year, Student Life staff engages students on topics, such as Sexual Boundaries and Consent, Healthy Sexuality and Communication. Program topics also include developing skills to safely interrupt and address inappropriate comments, behaviors and promote a climate that prohibits sexual harassment and violence.
Student Life collaborates with Art faculty, where topics addressing various risk issues, such as sexual assault, relationship violence, high-risk drinking, and bystander awareness are infused into the classroom to develop posters. Student Life staff also collaborates with Athletics and Greek Life to deliver presentations. Individual students at Lycoming College take initiatives to design and deliver campus-wide communications or programs, including an “It’s on Us” video Pledge and “Take Back the Night” event.
Lycoming College is committed to providing education about bystander intervention. Preventing sexual misconduct and relationship violence requires a commitment from all members of the College campus community. We can work together to uphold the values of civility, respect and accountability through intervening early in a situation that may evolve into sexual misconduct or relationship violence. Below are some tips on how to intervene and support the College community:
- Be aware of your environment; notice when someone is crossing a line. Pay attention to the verbal and physical signals between people.
- Talk to your friends about respecting the boundaries of others, whether verbal or physical;
- Know that if someone is drunk, s/he is not capable of making rational decisions and can’t legally consent to sexual activities.
Assess the situation. Remember, your personal safety and the safety of others is the #1 priority. If you or others are not safe, you should call authorities immediately.
Safety and Security (on-campus) Emergency: (570) 321-4911
Options for Intervening
- Tell another friend, host, or bartender that someone has had too much to drink and ask them to stop the situation;
- Call authorities.
- Check in with your friend by asking him/her if s/he is okay; this simple interruption may change the course of the situation;
- Talk to the person directly about their problematic behavior and try to de-escalate the situation;
- Intervene with the support of additional friends.
Compliance with these policies and proceedings does not constitute a violation of section 444 of the General Education Provisions Act (20 U.S.C. 1232g), commonly known as the Family Educational Rights and Privacy Act of 1974 (FERPA).
If you have any questions about this policy, please contact Kate Hummel, Associate Dean of Students, or Jackie Bilger, Director of Human Resources and Title IX Coordinator.
Ali, Russlynn. “Dear Colleague” (letter, 4 April 2011). U.S. Department of Education. Accessed November 20, 2014. http://www2.ed.gov/about/offices/list/ocr/letters/colleague-201104.pdf.
Clinton County Women’s Center. Accessed November 20, 2014. http://www.ccwcsafe.org/index.html.
“Checklist for Campus Sexual Misconduct Policies.” Not Alone: Together Against Sexual Assault. Accessed November 20, 2014. https://www.notalone.gov/assets/checklist-for-campus-sexual-misconduct-policies.pdf.
“Dating and Domestic Violence.” Rape, Abuse and Incest National Network (RAINN). Accessed November 20, 2014. https://rainn.org/get-information/types-of-sexual-assault/dating-and-domestic-violence.
“Sexual Assault Forensic Nurse Examiners Team (SAFENET).” Susquehanna Health. Accessed November 20, 2014. https://www.susquehannahealth.org/our-services/emergency-services/-sexual-assault-forensic-nurse-examiners-team-/page.aspx?id=62.
Transitions. Accessed November 20, 2014. http://www.transitionsofpa.org/.
U.S. Department of Justice, Office on Violence against Women. “Areas of Focus.” U.S. Department of Justice. Accessed November 20, 2014. http://www.justice.gov/ovw/areas-focus.
U.S. Department of Education. “The Handbook for Safety and Security Reporting.” U.S. Department of Education. Accessed December 2, 2014. https://www2.ed.gov/admins/lead/safety/handbook.pdf.
U.S. Department of Education, Office for Civil Rights. “Revised sexual harassment guidance: Harassment of students by school employees, other students, or third parties.” U.S. Department of Education, January 19, 2001. Accessed November 20, 2014. http://www2.ed.gov/about/offices/list/ocr/docs/shguide.html.
“Wise Options.” YWCA Northcentral PA. Accessed December 2, 2014. http://www.ywcawilliamsport.org/site/c.7oIDJMPwGiIUF/b.8029425/k.9A4C/Wise_Options.htm.
1 “Sexual Assault Forensic Nurse Examiners Team (SAFENET),” Susquehanna Health, accessed November 20, 2014, https://www.susquehannahealth.org/our-services/emergency-services/-sexual-assault-forensic-nurse-examiners-team-/page.aspx?id=62.
2 “Wise Options,” YMCA Northcentral PA, 2012, accessed December 2, 2014, http://www.ywcawilliamsport.org/site/c.7oIDJMPwGiIUF/b.8029425/k.9A4C/Wise_Options.htm.
3 Transitions, accessed November 20, 2014, http://www.transitionsofpa.org/.
4 Clinton County Women’s Center, accessed November 20, 2014, http://www.ccwcsafe.org/index.html.
5 Russlynn Ali, “Dear Colleague” (letter, 4 April 2011), U.S. Department of Education, accessed November 20, 2014, http://www2.ed.gov/about/offices/list/ocr/letters/colleague-201104.pdf.
6 U.S. Department of Justice, Office on Violence against Women, “Areas of Focus,” U.S. Department of Justice, Office on Violence against Women, accessed November 20, 2014, http://www.justice.gov/ovw/areas-focus.
9 “Dating and Domestic Violence,” Rape, Abuse and Incest National Network (RAINN), accessed November 20, 2014, https://rainn.org/get-information/types-of-sexual-assault/dating-and-domestic-violence.
10 “Checklist for Campus Sexual Misconduct Policies,” Not Alone: Together Against Sexual Assault, accessed November 20, 2014, https://www.notalone.gov/assets/checklist-for-campus-sexual-misconduct-policies.pdf.; “ATIXA Model Civil Rights Grievance and Investigation Process,” Association of Title IX Administrators (ATIXA), 2014, accessed December 2, 2014, https://www.atixa.org/wordpress/wp-content/uploads/2012/01/ATIXA-Model-Grievance-Process_updated-0314.pdf.