Sexual Harassment - Sexual Misconduct Policy

Contents

Notice of Non-Discrimination - Title IX
Title IX Coordinators
Options for Victims after a Sexual Assault
In an Emergency
Confidential, Formal or Anonymous Reporting: Know your Options
Interim Measures
Prohibited Conduct
Sexual Harassment
Sexual Violence
       Sexual Assault
       Sexual Exploitation
       Domestic Violence
       Dating Violence
       Stalking
       Inducing Incapacitation
       Intimidation
       Retaliation
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
Advisors
Investigation
Post-Investigation Procedures
Student Conduct Board Process
Appeal Process
Sanctions
Disclosure of Findings
Record Keeping
Amnesty
Duty to Report and Timely Warnings Timeframe
Prevention and Education
Bystander Intervention

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 ADRESS 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
bilger@lycoming.edu
(570) 321-4309
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.

Katharina Matic, Associate Dean of Students and Deputy Title IX Coordinator
matic@lycoming.edu
(570) 321-4111
Office Location: Crever Hall, 1st floor
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.philadelphia@ed.gov.

OPTIONS FOR VICTIMS AFTER A SEXUAL ASSAULT

After an assault, individuals have many options for taking care of themselves. No one way is the best way, and Lycoming College recognizes the sensitivity of such incidents and aims to support individuals and their choices.

You have many options such as:

  • not reporting the incident;
  • 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 appropriate, 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; or
  • filing a complaint both internally with the institution and also filing a criminal complaint.

In an Emergency:

  1. 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.
  2. Preserve physical evidence of the incident.
    • 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.
  3. Report the incident to the Department of Safety and Security:
    Safety and Security Emergency: (570) 321-4911
    General: (570) 321-4064

    Or
    Williamsport Police Department:  911
  4. 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
    (570) 321-2000

    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.

  5. 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.

Confidential Reporting to Counselors and Advocates

ON CAMPUS

Counseling Services
Hours: M-F/ 8:00 a.m. to 4:30 p.m.
Wertz Student Center, 3rd Floor

Townsend Velkoff – Director
(570) 321-4258
email: velkoff@lycoming.edu

Stephanie Fortin – Assistant Director
(570) 321-4332
email: fortin@lycoming.edu

Health Services
Hours: M-F/ 8:00 a.m. to 4:30 p.m.
Rich Hall

Sondra Stipcak – Director
(570) 321-4322
email: stipcak@lycoming.edu

Kathy Lucas – PT Nurse
(570) 321-4322
email: lucas@lycoming.edu

Dr. Todd Fausnaught – contract PT Physician
(570) 321-4322

Dr. Renuka Kakarala – contract PT Physician
(570) 321-4322

Campus Minister
Rev. Jeff LeCrone
(570) 321-4112
email: lecrone@lycoming.edu

OFF CAMPUS

HOSPITALS
*The nearest hospital is Williamsport Regional Medical Center.

Williamsport Regional Medical Center ER
700 High Street, Williamsport
(570) 321-2000

Muncy Valley Hospital
215 East Water Street
Muncy, PA 17756
(570) 327-8137

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:

Transitions
Lewisburg, PA
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
(800) 656-4673
Live Chat

National Domestic Violence Hotline
(800) 799-7233
Live Chat

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
“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

FORMAL REPORTING

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.

ON CAMPUS

Safety and Security
Emergency: (570) 321-4911
General: (570) 321-4064
Hours: 24/7

Katharina Matic, Associate Dean of Students and Deputy Title IX Coordinator
matic@lycoming.edu
(570) 321-4111
Crever Hall, 1st floor
Hours: M-F/ 8:00 a.m. to 4:30 p.m.

Jackie Bilger, Director of Human Resources and Title IX Coordinator
bilger@lycoming.edu
(570) 321-4309
Long Hall, Room 114
Hours: M-F/ 8:00 a.m. to 4:30 p.m.

OFF CAMPUS

Williamsport Police Department
245 West 4th Street, Williamsport
(570) 327-7540
Hours: 24/7

*If a victim wants to make a police report, College staff may assist a student in contacting the local police station.

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.

Anonymous Reporting

Lycoming College provides an online anonymous reporting option: http://www.lycoming.edu/residentialLife/formReportVandalism.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.

INTERIM MEASURES

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. 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.

Upon receiving a report of sexual misconduct, the College will provide the Complainant or the Complainant’s Advisor with a list of interim measures available and will ask the Complainant or the Complainant’s Advisor what measures are requested. The College determines, on a case by case basis, what interim measures are appropriate for a particular matter. Not all interim measures are necessary to keep Complainants safe and ensure equal access to educational programs and activities.

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 Complainants or their Advisors to identify what interim measures are appropriate immediately, and will continue to work with Complainants or their Advisors throughout the process to continue to assess, and if appropriate, continue or initiate other measures or remedies.

These measures do not presume responsibility for violation(s) of the Student Code of Conduct.

PROHIBITED 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.

Warning Signs:

Someone involved in an abusive relationship might display certain behavioral signs including:

  • Inconsistent explanations: Victims may provide inconsistent explanations as to the cause of their injuries due to fear of alerting others to the severity of their situation.
  • Alcohol abuse: Victims may use alcohol as a means of escape from their everyday reality of abuse.
  • Injuries in multiple stages of healing: Bruises are the most common form of injury and have the following stages of healing: purple to green to yellow.”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.

CONSENT IS:

  • 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 notes;
  • 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, 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.

Advisors

Both the Complainant and Respondent may select an Advisor of his or her choice from within or outside the College community throughout any investigative 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 with the investigator 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 and Deputy Title IX Coordinator, Katharina Matic at matic@lycoming.edu. 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.

Investigation

After receiving information of an alleged sexual misconduct incident, there will be a prompt, thorough and impartial investigation. Generally, the investigation will be conducted by one or two staff members. The Complainant will be asked to 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 asked to provide a written statement in response to the allegation and provide name and contact information of any witnesses, as well.

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. Summary notes from meetings with the Investigator(s) are shared, as determined appropriate, with the Complainant and Respondent.

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:

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 investigation or to the Student Code of Conduct process, 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.

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 formal process, whether Administrative Hearing or Student Conduct Board Hearing. Generally, cases where the sanction may result in suspension or expulsion will be resolved through 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. 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 sexual assault.

STUDENT CONDUCT BOARD AND ADMINISTRATIVE HEARING PROCESS

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.

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 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.

Appeal Process

Both the Complainant and the Respondent have the right to request an Appeal of the outcome or decision, resulting from 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.

Sanctions

If an individual 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 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.

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.

Record Keeping

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, the record of the Hearing and written record of the action taken/decision.

If there is an Appeal, this record is appended to the written record of the original decision and kept in confidential student conduct files.

AMNESTY

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.

TIMEFRAME

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 Student, Kat Matic at matic@lycoming.edu.

PREVENTION AND EDUCATION

Lycoming College is committed to providing the campus community with various educational programs throughout the academic year to advance the understanding of sexual discrimination and sexual misconduct. 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.

BYSTANDER INTERVENTION

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
    Or
    911

  • Options for Intervening

    Indirect Action

    • Tell another friend, host, or bartender that someone has had too much to drink and ask them to stop the situation;
    • Call authorities.

    Direct Action:

    • 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.

If you have any questions about this policy, please contact Katharina Matic, Associate Dean of Students and Title IX Deputy, or Jackie Bilger, Director of Human Resources and Title IX Coordinator.

REFERENCES

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.

7 Ibid.

8 Ibid.

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.