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Launch Chat Now. Complete our Request for Information form. Title IX of the Higher Education Act of prohibits discrimination on the basis of sex in education programs and activities operated by recipients of federal financial assistance. In May the U. The Final Rule provides for the first time that sexual harassment, including sexual assault, is discrimination based on sex. Recipients were given until August 14, to implement new policies and procedures in compliance with the Final Rule.
View Policy Here. The U. Department of Education DoE defines Sexual Harassment as conduct on the basis of sex that satisfies one or more of the following:. Therefore, sexual contact with a person younger than 16 years old may be a crime under state law as well as a violation of this Policy.
In addition, certain incidents of sexual conduct involving individuals under the age of 16 will be reported to Childline at as required by law. For the purposes of this definition, dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse. Dating violence does not include acts covered under the definition of Domestic Violence.
To categorize an incident as Domestic Violence, the relationship between the perpetrator and the victim must be more than just two people living together as roommates. The people cohabitating must be current or former spouses or have an intimate relationship. Although the definitions of Rape and Fondling in the Clery Act are framed in terms of male or female victims, these crimes can happen to people regardless of their gender identification.
Therefore, Chatham will apply the definitions of Rape and Fondling, and all of the definitions above, to all individuals, regardless of their gender identity. How and to Whom to Report Sexual Harassment:. For urgent, emergency cases e. Responsible Employees include all Chatham employees except the professional counselors in the Counseling Center or Health Services staff.
Among the benefits of the Responsible Employee concept are that it cultivates a culture of reporting, provides clarity to the campus community, and provides the opportunity to respond and take corrective action as appropriate. The following Campus and External Resources are recommended:. PAAR representatives are available any time and can provide counseling and legal support for victims and their families.
All PAAR services are confidential. Call to talk with a PAAR representative or to request an advocate. A Complainant has the right to proceed with a Title IX Investigation and a criminal investigation simultaneously when the alleged Sexual Harassment is a criminal offense e. Such cooperation may require Chatham to temporarily suspend the fact-finding aspect of a Title IX investigation while the local law enforcement agency gathers evidence.Episode Two - Oral Sex on Females (2/2)
In such cases, any Supportive Measures provided will remain in effect, and the parties will be notified if the timeline of the investigation will need to be amended accordingly. However, Chatham will its Title IX investigation as soon as notified by the law enforcement agency that it has completed the evidence-gathering process.
It is important to note that a Title IX investigation is not a criminal investigation. Another difference is that law enforcement has the discretion to investigate an allegation of a sexual assault, but a university that is subject to Title IX must investigate any allegation of a sexual assault where a Complainant has filed a Formal Complaint, regardless of whether local police decide to file charges. Chatham is required to respond to an allegation of sexual harassment when: 1 Chatham has Actual Knowledge of Sexual Harassment i.
At any time during the investigation or hearing, the Complainant may notify the Title IX Coordinator in writing that the Complainant would like to withdraw the Formal Complaint or any allegations therein. General Upon receipt of a Formal Complaint, written notice will be provided to the parties who are known of the following:. New allegations If, in the course of an investigation, Chatham decides to investigate allegations about the Complainant or Respondent that are not included in the original Notice of Allegations, Chatham must provide notice of the additional allegations to the parties whose identities are known.
Ground Rules for Advisors and Support Persons. Both the Complainant and the Respondent are permitted to have an Advisor, who may or may not be an attorney, present during the Title IX Grievance Process.
During an interview, meeting or proceeding other than a Hearing, the Advisor may confer quietly with the Complainant or Respondent to provide advice or support, but the Advisor may not speak on behalf of the Complainant or Respondent, testify, address any other participant, interject or otherwise actively participate in, or in any manner disrupt the interview, meeting or proceeding. During a Hearing, the Advisor may also confer quietly with the Complainant or Respondent to provide advice or support, but the Advisor may not speak on behalf of the Complainant or Respondent, testify, address any other participant, interject or otherwise actively participate in, or in any manner disrupt the interview Hearing.
The Title IX Coordinator has the right at all times to determine what constitutes appropriate behavior on the part of an Advisor in all proceedings other than Hearings where the Decision Maker will make that determinationand to take appropriate steps to ensure compliance with the Policy. If either Party does not have an Advisor for the Hearing, Chatham must appoint one for them for the purposes of conducting cross-examination of the other Party and any witnesses. Each Party may have one Support Person e. The purpose of the Support Person is to provide the Party with emotional support.
The Support Person shall not otherwise take part in any way in any meeting, interview or hearing, and in no case shall ask or pose questions or speak to any person other than the Party they are supporting. Chatham must investigate the allegations in a Formal Complaint. If the Title IX Coordinator dismisses all or any part of a Formal Complaint for the reasons described above, opportunity must be offered to both parties to appeal that decision pursuant to the guidelines described in Section 8, Appeals, below.
At the Hearing:. After the Hearing, the Decision-maker s must issue a written determination regarding responsibility. Chatham must provide the written determination to the parties simultaneously. The determination regarding Responsibility becomes final either on the date that Chatham provides the parties with the written determination of the result of the appeal, if an appeal is filed, or if an appeal is not filed, the date on which an appeal would no longer be considered timely.
Bases for Appeal. Either Party may appeal from either a the dismissal of a Formal Complaint or any allegation therein or b a final determination regarding responsibility on the following bases:. In addition, appeals of the dismissal of a Formal Complaint may be made on the following basis:. Intimidation, threats, coercion, or discrimination, including charges against an individual for code of conduct violations that do not involve sex discrimination or harassment, for the purpose of interfering with any right or privilege secured by Title IX, constitutes retaliation.
How to Report Retaliation Anyone who has been subjected to retaliation for being part of a Title IX action in any capacity e. Procedure for Resolving Reports of Retaliation When a report of retaliation is made, the Title IX Coordinator shall, in a timely manner, investigate any witnesses and gather any evidence needed to make a determination, using the preponderance of the evidence standard, of whether the alleged retaliation occurred.
If the Title IX Coordinator determines that retaliation did occur, the Coordinator will determine whether any disciplinary sanctions shall be levied in consultation with the Dean of Students for studentsthe Vice President of Academic Affairs for facultyor the Assistant Vice President of Human Resources for non-faculty employees. Sean Coleman, J. Have questions? Or, answer a few questions and we will be glad to help. Title IX Title IX of the Higher Education Act of prohibits discrimination on the basis of sex in education programs and activities operated by recipients of federal financial assistance.
Clicking on the topics in the second section below will access the portions of the Policy that past experience suggests will be of most interest to visitors of this site because not every section of the Policy is addressed immediately below, we encourage you to read the entire Policy.
Contact information for the Title IX Coordinator may be found in the Policy and in the third section immediately below. Click to Open The U. This includes the rape of both males and females. Statutory Rape: sexual intercourse with a person who is under the age of consent. Dating Violence : Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. Reasonable person means a reasonable person under similar circumstances and with similar identities to the victim.
Substantial emotional distress means ificant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.
Who can make a report? Any member of the Chatham community may report sex discrimination, including sexual harassment, whether or not the person reporting is the person alleged to be the victim of conduct that could constitute sex discrimination or sexual harassment. How can a report be made? Find a safe place Call Campus Safety - or Seek assistance from a person you trust If a threat to campus is imminent, a Timely Warning will go out Try your best to maintain any physical evidence: Try not to shower, bathe any part of your body, use medications, or brush your teeth.
Stay in the clothes you were wearing or wrap them and anything else you came in contact with bed sheets, etc. Seek medical care for your physical and mental health and to preserve physical evidence. An exam for sexual assault can be completed up to ten 10 days following the assault. Chatham Campus Safety can transport you to and from the hospital.
You may wish to pursue legal action against the person who sexually harassed you. Chris Purcell, Interim Dean of Students or c. Feel free to seek help and guidance from your coach, advisor, members of the Student Affairs or Residence Life staff, Counseling Services, and other Chatham staff members. Some of the roles these individuals can play are: Address issues related to sexual assault, harassment, and relationship violence Respond to charges of academic absence, conflict or appeal Help you withdraw from a class, if necessary Make referrals to counseling services and other supportive campus and community organizations Educate you about medical procedures and evidence preservation Provide information about legal advocacy Meet with you in a safe place to ensure your comfort Help you track all of the necessary details Assist you with filing a report and navigating the campus conduct system Assist your ificant other and friends to help you in the best way possible Community Resources: Pittsburgh Action Against Rape PAAR Some members of the Chatham community may wish to seek support and advocate services off campus.
Pursuing a Criminal Complaint A Complainant has the right to proceed with a Title IX Investigation and a criminal investigation simultaneously when the alleged Sexual Harassment is a criminal offense e. Click to Open Chatham is required to respond to an allegation of sexual harassment when: 1 Chatham has Actual Knowledge of Sexual Harassment i. The Complainant and the Respondent must be offered Supportive Measures - non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available - and without fee or charge to the Complainant or the Respondent before or after the filing of a Formal Complaint or where no Formal Complaint has been filed.
Examples of Supportive Measures include: counseling, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, extensions of deadlines, campus escort services, mutual restrictions on contact between the parties, changes in work or housing locations, leaves of absence, increased security and monitoring of certain areas of the campus, and other similar measures.
Chatham must treat as confidential any Supportive Measures provided to the Complainant or Respondent, to the extent that maintaining such confidentiality would not impair the ability of Chatham to provide the Supportive Measures. Such Remedies may include the same individualized services described as Supportive Measures in this Policy. However, Remedies need not be non-disciplinary or non-punitive and need not avoid burdening the Respondent. A Respondent shall be pd to be not responsible for the alleged conduct until a determination regarding Responsibility is made at the conclusion of the Grievance Process.
The Preamble to the Final Rule states that the presumption does not imply that the alleged harassment did not occur, and ensures that Recipients do not take action against Respondents as though the harassment occurred prior to the allegations being proved. The Preamble further states that the presumption does not imply that a Respondent is truthful or that a Complainant is lying. Requires that any individual deated by Chatham as a Title IX Coordinator, Investigator, or Decision-Maker not have a Conflict of Interest or Bias for or against complainants or respondents generally or an individual Complainant or Respondent.
Includes reasonably prompt time frames for conclusion of the Grievance Process, including reasonably prompt time frames for filing and resolving appeals, and a process that allows for the temporary delay of the Grievance Process or the limited extension of time frames for good cause with written notice to the Complainant and the Respondent of the delay or extension and the reasons for the action.
Ordinarily, where there are no good cause delays as specified above, Chatham will endeavor to complete the Grievance Process within days from receipt of a Formal Complaint. Provides that the possible Disciplinary Sanctions that Chatham may implement following any determination of Responsibility include: suspension, expulsion, transfer of residence, removal of residence privileges, mandatory community service, mandatory participation in online or in-person educational programs, mandatory consultation with a d therapist or other professional healthcare provider, suspension without pay, or termination of employment.
Uses the Preponderance of the Evidence standard to determine responsibility; applies this same Standard of Evidence for Formal Complaints against students as for formal complaints against employees, including faculty; and applies the same Standard of Evidence to all Formal Complaints of Sexual Harassment. Consolidation of Formal Complaints Chatham may consolidate Formal Complaints as to allegations of Sexual Harassment against more than one Respondent, or by more than one Complainant against one or more Respondents, or by one Party against the other Party, where the allegations of Sexual Harassment arise out of the same facts or circumstances.
Dismissal of Formal Complaint Chatham may dismiss a Formal Complaint, or any allegation therein, if at any time during the investigation or hearing a Complainant notifies the Title IX Coordinator in writing that the Complainant would like to withdraw the Formal Complaint or any allegations therein; the Respondent is no longer enrolled in or employed by Chatham; or specific circumstances prevent Chatham from gathering evidence sufficient to reach a determination as to the Formal Complaint or allegations therein.
The Final Rule does state that Informal Resolution may not be utilized where a Formal Complaint alleges that a Chatham employee sexually harassed a Chatham student. Sufficient details include the identities of the parties involved in the incident, if known, the conduct allegedly constituting Sexual Harassment, and the date and location of the alleged incident, if known. A statement that the Respondent is pd not responsible for the alleged conduct and that a determination regarding responsibility is made at the conclusion of the Grievance Process.Oral sex technics
The parties may have an Advisor of their choice, who may be, but is not required to be, an attorney. If a Party does not have an Advisor, Chatham will provide one at any time in the process. The parties may inspect and review evidence during the investigation stage of the Grievance Process.
Chatham cannot restrict the ability of either Party to discuss the allegations under investigation or to gather and present relevant evidence; The name s of the Investigator s and Decision-Maker s ased to the matter and an opportunity for either Party to object to the ased Investigator s or Decision-Maker s on the basis of bias or conflict of interest. Such objection s shall be made in writing to the Title IX Coordinator within three 3 Business Days of receiving the written notice. Upon receipt of any objection sthe Title IX Coordinator shall reasonably promptly review and either a accept the objection s and as a new Investigator s or Decision-Maker sor b not accept the objection s and explain why the originally ased Investigator s or Decision-Maker s will remain in place.
In either case, the Title IX Coordinator will notify both parties of the decision within three 3 Business Days of receipt of the objection s. Provide an equal opportunity for the parties to present witnesses, including fact and expert witnesses, and other inculpatory and exculpatory evidence.
Not restrict the ability of either Party to discuss the allegations under investigation or to gather and present relevant evidence. Provide the parties with the same opportunities to have others present during any Grievance Proceeding, including the opportunity to be accompanied to any related meeting or proceeding by the Advisor of their choice, who may be, but is not required to be, an attorney, and not limit the choice or presence of Advisor for either the Complainant or Respondent in any meeting or grievance proceeding; however, Chatham may establish restrictions regarding the extent to which the Advisor may participate in the proceedings, as long as the restrictions apply equally to both parties.
Provide, to a Party whose participation is invited or expected, written notice of the date, time, location, participants, and purpose of all hearings, investigative interviews, or other meetings, with sufficient time for the Party to prepare to participate. Provide both parties an equal opportunity to inspect and review any evidence obtained as part of the investigation that is directly related to the allegations raised in a Formal Complaint, including the evidence upon which Chatham does not intend to rely in reaching a determination regarding Responsibility and inculpatory or exculpatory evidence whether obtained from a Party or other source, so that each Party can meaningfully respond to the evidence prior to conclusion of the investigation.
At the request of either Party, opportunity must be provided for the Hearing to occur with the parties located in separate rooms with technology enabling the Decision-maker s and parties to simultaneously see and hear the Party or the witness answering questions.
Only relevant cross-examination and other questions may be asked of a Party or Witness. Before a Complainant, Respondent, or Witness answers a cross-examination or other question, the Decision-maker s must first determine whether the question is relevant and explain any decision to exclude a question as not relevant. Chatham must create an audio or audiovisual recording, or transcript, of any Hearing and make it available to the Parties for inspection and review.Chatham-PA oral sex
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5. Violations and Sanctions (the Rules and Consequences) – Chatham