Sex Discrimination Policy (Title IX)

Title IX of the Educational Amendments of 1972 states that:

No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.

One of our University's values is to respect all people. Individuals participating in or attempting to participate in a University program or activity have the right to be free from all forms of sex discrimination and sex-based harassment. This Title IX Policy (the “Policy”) specifically prohibits discrimination on the basis of sex, including sex characteristics, pregnancy and related conditions, and sex-based harassment as described in Section VI. Conduct that does not implicate this Policy might fall under other University policies. Policies for students can be found on the Student Life Policy page, and policies for employees are found through the Faculty and Staff page.

The University is committed to eliminating sex discrimination, preventing its recurrence and addressing its effects to ensure that all covered individuals have equal opportunity to be engaged in campus life and benefit from the University's education programs and activities.

Any individual designated by the University as a Title IX Coordinator, Investigator, Hearing Officer, or facilitator of an Informal Resolution Process will be free of bias or any conflicts of interest for or against Complainants and Respondents generally and specifically as to individual Complainants and Respondents.

The University will treat the Complainant and Respondent equitably in any Informal Resolution Process or grievance procedure instituted under this Policy.

This document sets out procedures, confidential resources, Prohibited Conduct, educational resources, and guidance to assist those who have experienced or been affected by Prohibited Conduct as defined in Section VI. of this Policy, whether as a Complainant, a Respondent, or a third party.

This Policy applies to all students and employees of the University, as well as any person other than a University student or employee who is alleged to have been subjected to conduct that could constitute Prohibited Conduct under this Policy at a time when that person was participating or attempting to participate in a University education program or activity (including an applicant for employment or prospective student) (collectively referred to as “Covered Individuals”) whose equal access to the University’s educational program has been compromised as a result of Prohibited Conduct as defined and determined by this Policy. 

After reviewing this document, Covered Individuals will have the knowledge and information that will allow them to:

• Understand what constitutes Prohibited Conduct under this Policy;
• Find sources of support, information and resources to address Prohibited Conduct;
• Be familiar with the roles of University personnel responsible for ensuring compliance with this Policy;
• Know how to make a report or formal Complaint, and access support services; and
• Understand the process by which the University responds to both reports and formal Complaints of Prohibited Conduct.

For allegations relating to conduct outside of the scope of this Policy, the University may seek to address such allegations through other University policies or codes of conduct.

False Reporting

The University’s Student Code of Conduct and Employee Code of Conduct (401) prohibit acts of dishonesty, including furnishing false information to any University official.  However, the University will not discipline any party, witness, or others participating in the procedures set forth in this Policy based solely on the University’s determination of whether sex discrimination occurred.

The Title IX Coordinator is the responsible employee of the University with final authority and responsibility for the development, implementation and monitoring of meaningful efforts to comply with Title IX. Responsibilities include: coordinating any investigations of Complaints under Title IX; insuring a coordinated and integrated response across the University through education, training, policies and support; maintaining a centralized reporting, Investigatory and record-keeping process; monitoring for potential barriers to reporting and taking steps to address any barriers; and the administration of a prompt, fair and impartial grievance process. The Title IX Coordinator also has responsibility to prevent discrimination against, and coordinate accommodations to ensure access for covered individuals who are pregnant or have related conditions.

When Complaints involve employees, independent contractors, and/or volunteers, the Title IX Coordinator will work closely with Human Resources. Together, the Title IX Coordinator, Title IX Coordinator Designees, and the Associate Vice President of Human Resources comprise the Centralized Review Team (“CRT”).

The Title IX Coordinator relies on Designees, who may have responsibility for responding to reports of Prohibited Conduct, managing the grievance process for Complaints of Prohibited Conduct or otherwise assisting the Title IX Coordinator in ensuring the University is in compliance with Title IX. Nothing prohibits any member of the CRT, including Designees, from serving as an Investigator in any particular matter.  The following identifies the CRT members:

Title IX Coordinator
Tim Poirier
Dean of Students
timothy.poirier@delval.edu  
215.489.2215

Associate Vice President of Human Resources
Robert Connelly
robert.connelly@delval.edu
215.489.2346

Designees

Carol DiGirolamo

Associate Director of Athletics and Senior Woman Administrator

carol.digirolamo@delval.edu

Jessica Schmitt

Asst. Dir. of Graduate Advising and the Graduate Student Experience

jessica.schmitt@delval.edu

The CRT works with various campus partners, community partners, and government agencies to ensure that the University provides and supports a coordinated and systemic network of effective prevention and response.

The following definitions are relevant to this Policy:

Complainant

A Complainant is an individual who is alleged to have been subjected to conduct that could constitute Prohibited Conduct under Title IX or this Policy.

In order to trigger the requirements of the Policy, the Complainant must be a student or employee of the University, or a person other than a University student or employee who is alleged to have been subjected to conduct that could constitute Prohibited Conduct under this Policy at a time when that person was participating or attempting to participate in a University education program or activity (including applicants for employment and prospective students). Individuals on a Hiatus or who have left the University because of Prohibited Conduct and plan to re-enroll are deemed to be participating in a University program or activity for purposes of this Policy.

Complaint

A Complaint means an oral or written request to the University that objectively can be understood as a request for the University to investigate and make a determination about alleged discrimination under Title IX or this Policy. 

Disciplinary sanctions

Disciplinary sanctions means consequences imposed on a Respondent following a determination under Title IX that the Respondent violated this Policy. 

Education program or activity

A program or activity includes: (i) all of the operations of the University; (ii) locations, events, or circumstances over which the University exercised substantial control over both the Respondent and the context in which the Prohibited Conduct occurs; (iii) any building, on or off-campus, which is owned or controlled by a student organization that is officially recognized by the University; and (iv) conduct that is subject to the University’s disciplinary authority. An employee, independent contractor, or volunteer in service to the University participates in a program activity when performing their duties to the University.

The University’s operations include computer and internet networks, digital platforms, and computer hardware or software owned, operated, or used in the University’s operations. Off-campus conduct that that occurs outside of the University’s control may, in certain circumstances, fall under this Policy if, for example, the Complainant has to interact with the Respondent in the University’s operations or where the effects of the underlying events create a hostile environment in the Complainant’s workplace or educational environment. 

Hostile Environment Harassment

Unwelcome sex-based conduct that, based on the totality of the circumstances, is subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from the recipient’s education program or activity.

Lactation Space

A space other than a bathroom, that is clean, shielded from view, free from intrusion from others, and may be used by a student or employee for expressing breast milk or breastfeeding as needed.

Party

Party means a Complainant or Respondent.

Pregnancy and related conditions includes

Pregnancy and related conditions includes:

• Pregnancy, childbirth, termination of pregnancy, or lactation; or
• Medical conditions related to pregnancy, childbirth, termination of pregnancy, or lactation; or
• Recovering from pregnancy, childbirth, termination of pregnancy, lactation, or related medical conditions.

Relevant

Relevant means related to the allegations of sex discrimination under investigation as part of these grievance procedures. Questions are relevant when they seek evidence that may aid in showing whether the alleged sex discrimination occurred, and evidence is relevant when it may aid a Hearing Officer in determining whether the alleged sex discrimination occurred. 

Quid Pro Quo Harassment

An employee, agent, or other person authorized by the University to provide an aid, benefit, or service under the University’s education program or activity explicitly or impliedly conditioning the provision of such an aid, benefit, or service on a person’s participation in unwelcome sexual conduct.

Remedies

Remedies means measures provided, as appropriate, to a Complainant or any other person the University identifies as having had their equal access to the University’s education program or activity limited or denied by sex discrimination. These measures are provided to restore or preserve that person’s access to the University’s education program or activity after the University determines that Prohibited Conduct occurred.

Respondent

A Respondent is an individual who is alleged to have violated this Policy’s prohibition on Prohibited Conduct.

Retaliation

Intimidation, threats, coercion, or discrimination against any person by the University, a student, or an employee or other person authorized by the University to provide aid, benefit, or service under the University’s education program or activity, for the purpose of interfering with any right or privilege secured by this Policy, or because the person has reported information, made a Complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding (including an Informal Resolution Process), or hearing under this Policy.

Supportive measures

Supportive measures are individualized measures offered as appropriate and reasonably available, without unreasonably burdening a Complainant or Respondent, not for punitive ordisciplinary reasons, and without fee or charge to the Complainant or Respondent to: (1) Restore or preserve that party’s access to the University’s education program or activity, including measures that are designed to protect the safety of the parties or the University’s educational environment; or (2) Provide support during the University’s grievance procedures or during an Information Resolution Process.

Students

The University will not adopt or implement any policy, practice, or procedure concerning a student’s current, potential, or past parental, family, or marital status that treats students differently on the basis of sex.

The University will not discriminate in any education program or activity against any student based on the student’s current, potential, or past pregnancy or related conditions.  It is not discrimination for the University to permit a student to voluntarily participate in a separate program or activity, so long as that program or activity is comparable to the program or activity for students who are not pregnant or experiencing related conditions.

When a student, or a person who has a legal right to act on behalf of a student, informs any employee of a student’s pregnancy or related condition, unless the employee believes the Title IX Coordinator has already been notified, the employee should promptly provide the student with the Title IX Coordinator’s contact information and inform them that the Title IX Coordinator can coordinate specific actions to prevent sex discrimination and ensure the student’s equal access to the recipient’s education program or activity.  Once notified of a student’s pregnancy or related condition, the Title IX Coordinator will inform the student or person who has a legal right to act on behalf of the student of the University’s obligations to people experiencing pregnancy or related conditions under Title IX and provide the student or the person acting on the student’s behalf with a copy of the University’s notice of nondiscrimination.

The University, through the Title IX Coordinator, will make reasonable modifications of its policies, practices, or procedures as needed to prevent sex discrimination and ensure equal access to the University’s education program or activity.  Each reasonable modification will be based on the student’s individualized needs and consultation with the student and will not fundamentally alter the nature of the education program or activity.  In determining what modifications are needed, the University will consult with the student and not require supporting documentation unless necessary and reasonable.  The student may accept or decline any reasonable modification offered by the University.  The University will institute any offered reasonable modification that the student accepts.

Examples of reasonable accommodations may include, but are not limited to:

• Facilitating breaks from class time to express breast milk, breastfeed, or attend to health needs associated with pregnancy or related conditions (such as eating, drinking, or using the restroom)
• Allowing intermittent absences to attend medical appointments
• Facilitating online or homebound education
• Changing schedule or course sequence
• Providing extensions of time for coursework
• Rescheduling tests/examinations
• Allowing the student to sit or stand as needed
• Allowing the student to keep water nearby
• Referring to counseling
• Providing changes in physical space or supplies, such as a larger desk or footrest
• Facilitating elevator access
• Allowing the student to access a different but comparable program or activity within the University, if desired by the student
• Making other changes to policies, practices, or procedures

The University will also allow the student to request Hiatus in accordance with University Policy. 

The University will provide appropriate lactation space to students for use in expressing breast milk or breastfeeding as needed. The University has reserved room 116 in Elson Hall for this purpose. Access is available via Health Services through the main entrance of Elson Hall. 

The University will generally not require a certification from a student that they are physically able to participate in a class, program, or extracurricular activity unless the certification is necessary for participation or is required of all student participants.  The information obtained in any such certification will not be used as a basis for discrimination.

Employees

The University will not adopt or implement any policy, practice, or procedure that treats an employee or applicant for employment differently on the basis of sex concerning: (1) current, potential, or past parental, family, or marital status of any employee or applicant; or (2) whether the employee or applicant is the head of household or principal wage earner in the employee’s or applicant’s family unit.

The University will not discriminate against any employee or applicant on the basis of current, potential, or past pregnancy or related conditions.

The University will treat pregnancy or related conditions as any other temporary medical condition for all job-related purposes, including commencement, duration, and extensions of leave; payment of disability income; accrual of seniority and any other benefit or service; and reinstatement; and under any fringe benefit offered to employees by virtue of employment.

The University will provide reasonable break time for an employee to express breast milk or breastfeed as needed.  The University will ensure that an employee can access a lactation space appropriate for expressing breast milk or breastfeeding.

The University will not ask an applicant for employment their marital status, including whether an applicant is “Miss or Mrs.”

This Policy prohibits broad categories of misconduct on the basis of one’s sex, and includes the following behaviors which, if alleged, will be reviewed under this Policy. The forms of misconduct defined in this Section constitute Prohibited Conduct for purposes of this Policy.

Sex discrimination.

Discrimination on the basis of sex includes discrimination on the basis of sex stereotypes; sex characteristics; current, potential or past pregnancy or related conditions; sexual orientation; and gender identity. 

Sex-based harassment and retaliation as defined in this Section are forms of sex discrimination.

Sex-based Harassment.  This Policy prohibits two separate forms of sexual harassment:

1. Quid Pro Quo Harassment: A University employee, independent contractor, or volunteer violates this Policy if they expressly or impliedly condition the provision of a University aid, benefit, or service on an individual’s participation in unwelcome sexual conduct. 
2. Hostile Environment Harassment: Unwelcome sex-based conduct that, based on the totality of the circumstances, is subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person's ability to participate in or benefit from the recipient's education program or activity.  In assessing whether conduct is objectively offensive, the University will evaluate the conduct from the perspective of a reasonable person in the position of the Complainant.

In assessing whether hostile environment harassment has been created, the University will consider the relevant circumstances and the totality of the context, including but not limited to: the degree to which the conduct affected one or more University community member’s education or work environment; type, frequency, and duration of the conduct; the identities of and relationship between the Respondent and the Complainant; the location of the conduct and the context in which it occurred; and any other sex-based harassment at the University. 

Other Forms of Prohibited Sex-based Harassment. 

A University employee, independent contractor, volunteer, or student violates this Policy if they engage in the following misconduct:

Sexual Assault.  This Policy prohibits all conduct classified as a forcible or nonforcible sex offenses under the uniform crime reporting system of the Federal Bureau of Investigation.  Broadly, those offenses include:

• Non-consensual intercourse/penetration

Engaging in any sexual intercourse with another person without effective consent, including any sexual intercourse with an individual who is under the statutory age of consent (currently 16 in Pennsylvania). Intercourse includes acts of oral, vaginal, or anal penetration, however slight, by an object or body part.

• Non-consensual contact

Engaging, or attempting to engage in any touching or contact, however slight, of a sexual nature without effective consent. Includes but is not limited to kissing, and other intentional contact with the breasts, buttock, groin or genitals or touching another with any of these body parts, or forcing another to touch you or themselves with any of these body parts. Non-consensual contact also includes attempted non-consensual sexual intercourse.

• Incest

Nonforcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law

• Failure to Register as a Sex Offender

To fail to register or keep current a registration as required by state and/or federal law.

As detailed in Section VII, which defines “consent” for the purposes of this Policy, sexual contact that involves coercion, intimidation, and/or threats of violence, fraud, or force is a form of Prohibited Conduct.

Dating Violence

For purposes of this Policy, the term “dating violence” includes, but is not limited to, sexual or physical abuse or the threat of such abuse committed by a person: (a) who is or has been in a social relationship of a romantic or intimate nature with the Complainant; and (b) where the existence of such a relationship shall be determined based on a consideration of the following factors: (i) the length of the relationship; (ii) the type of relationship; and (iii) the frequency of interaction between the persons involved in the relationship. This definition does not require that dating violence be a “crime of violence.”

Domestic Violence

Domestic violence prohibited by this Policy includes felony or misdemeanor crimes committed by a person who: (i) is a current or former spouse or intimate partner of the Complainant, or a person similarly situated to a spouse of the Complainant; (ii) shares a child in common with the Complainant: (iii) is or was cohabitating with the Complainant as a spouse or intimate partner; or (iv) is similarly situated to a spouse of the Complainant under the domestic or family violence laws of Pennsylvania.  For purposes of this Policy, Domestic Violence also includes felonies or misdemeanor crimes of violence by University employees or students against an adult or youth Complainant who is protected from that person’s acts under the domestic or family violence laws of Pennsylvania.

Stalking

A person violates this Policy if they engage in a course of conduct directed at a specific Complainant that would cause a reasonable person to: (i) fear for their safety or the safety of others; or (ii) suffer substantial emotional distress.

Prohibited Conduct under this Policy includes cyber-stalking, which is a particular type of stalking in which electronic media (the internet, social media and networks, blogs, cell phones, texts, or other similar devices or forms of contact) is used to pursue, harass, or to make unwelcome contact with another person.

Retaliation

Retaliation means intimidation, threats, coercion, or discrimination against any person by the University, a student, or an employee or other person authorized by the University to provide aid, benefit, or service under the University’s education program or activity, for the purpose of interfering with any right or privilege secured by this Policy or Title IX or its regulations, or because the person has reported information, made a Complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding (including an Informal Resolution Process), or hearing under this Policy.

Our University's core value to respect all people relates to the concept of consent, an issue that figures prominently in Complaints of sexual assault under this Policy. In a sexual context, respecting another person means understanding that we do not have the right to act upon another person sexually unless and until they give clear permission to do so.

Consent means giving permission for sexual activity to occur. Consent to engage in sexual activity must be informed, knowing and voluntary prior to and during sexual activity. Consent is active, not passive, and is demonstrated through clear and mutually understood gestures and words that signal a willingness to engage in sexual activity. Silence cannot be interpreted as consent. Obtaining consent is the responsibility of the individual who wishes to initiate sexual activity.

Consent to sexual activity can be withdrawn at any time. Further, consent to one type of sexual activity may not, in itself, be taken to imply consent to another type of sexual act. In addition, University policies or codes of conduct may prohibit sexual activity between parties, even where consent is given. For more detail see Section XXI. Related Policies. 

The influence of drugs and alcohol is an important consideration in understanding the concept of consent. The use of alcohol or other drugs can have unintended consequences and can create an atmosphere of confusion and impaired judgment over whether consent is freely and effectively given. Being under the influence of drugs and/or alcohol does not diminish the responsibility of the initiator of sexual activity to obtain consent and is never an excuse for Prohibited Conduct.

There are several circumstances under which consent cannot be freely given, nor should it be assumed to have been given:

Incapacitation

A person may not engage in sexual activity with another person who the initiator knows, or should reasonably have known, is incapacitated as a result of alcohol or other drugs. Incapacitation is a state where a person lacks the capacity to appreciate the nature of giving consent to participate in sexual activity. Physical markers indicate an inability for a person to give affirmative consent which is required for sexual activity to occur. Examples may include but are not limited to vomiting, falling/inability to walk or stand, slurring or incoherent speech, and unresponsive behavior.

Coercion

The use of fraud or force to compel another person to engage in sexual activity does not constitute consent. Examples of fraud or force include but are not limited to physical force, threats, or intimidation.

Current or Prior Intimate Partner Relationship

The existence of a relationship between parties does not confer consent nor should consent be presumed. Clearly understandable agreements about sexual activity are still expected within the parameters of an intimate partner or dating relationship.

The University is committed to responding to allegations of Prohibited Conduct. Covered Individuals alleged to be victims are strongly encouraged to share their experience(s) with the appropriate University personnel in order to receive support and, in some circumstances, allow the University to respond to the allegation(s).

Covered Individuals alleged to be victims and/or third parties aware of the same are encouraged to file reports so that the University is able to respond appropriately. Individuals who wish to discuss or report an incident should know that, for purposes of this Policy, members at the University have differing abilities to maintain confidentiality upon learning of an incident of Prohibited Conduct. Furthermore, the University’s obligation to respond to an allegation of Prohibited Conduct varies according to the role of the individual who receives the report of an allegation. Individuals reporting allegations of Prohibited Conduct to someone on campus are encouraged to first ask about the level of confidentiality that can be afforded to the conversation.

If you would like to report an allegation of Prohibited Conduct, you may report to any of the following persons:

Confidential Resources: With limited exceptions, Confidential Resources can offer confidentiality—providing support, advice and options without any obligation to report the allegation or otherwise put the University on notice, unless an individual requests that they do so. Exceptions where even Confidential Resources cannot guarantee complete confidentiality relate to: (i) situations where there is an imminent risk of harm to someone in the University community; and (ii) instances raising reasonable suspicion of child abuse as referenced in Section XIX of this Policy.

Confidential Resources include:

Counseling Services (on-campus) in Elson Hall

Phone number: 215.489.2317

After 4:30 p.m. weekdays and weekends call Public Safety 215.489.4444

Health Services (on-campus) in Elson Hall*

Phone number: 215.489.2252

After 4:30 p.m. weekdays and weekends call Public Safety 215.489.4444

Network of Victim Assistance (off-campus)

1-800-675-6900 (NOVA victim assistance hotline, available 24 hrs/day)

https://novabucks.org/

*For purposes of this Policy, Certified Athletics trainers are confidential resources under the umbrella of Health Services. 

Limits of confidentiality and privacy: Covered Individuals alleged to have been the victim of Prohibited Conduct who choose to speak informally with Confidential Resources must understand that an individual’s desire for confidentiality means that the University may be unable to conduct an investigation into an incident, or pursue action against the individual(s) alleged to have engaged in Prohibited Conduct.

Mandatory Reporters: Mandatory Reporters are those who have (1) authority to institute corrective measures; or (2) responsibility for administrative leadership, teaching, or advising.  Mandatory Reporters are required to act on a specific report, which means they have an obligation to report the details of possible Prohibited Conduct to the Title IX Coordinator for review and potential investigation. Mandatory Reporters cannot make anonymous reports on behalf of Complainants. For purposes of this Policy, the following individuals are Mandatory Reporters:

• Presidents and vice presidents of the University
• Associate and assistant vice presidents, Deans (and associate and assistant deans)
• Directors and associate or assistant directors
• Coaches and assistant coaches of athletic teams, and athletic department personnel except for certified athletic trainers
• Administrators with supervisory responsibilities (e.g., directors, work-study supervisors)
• Faculty
• Public Safety
• Human Resources Personnel
• Residence Life professional staff
• Resident Assistants (“RA”)
• Student Involvement professional staff

Any Mandatory Reporter who fails to report a known allegation of Prohibited Conduct to the Title IX Coordinator may be subject to disciplinary action.

All employees who are not Mandatory Reporters (“Other Employees”): If an “Other Employee”  attains information about conduct that reasonably may constitute Prohibited Conduct under this Policy, they will either 1) notify the Title IX Coordinator and share the information they received; or 2) provide the contact information of the Title IX Coordinator as well as information about how to make a Complaint of Prohibited Conduct to the individual who provided the Other Employee with information about conduct that reasonably may constitute Prohibited Conduct under this Policy. In so sharing such information with the individual, the Other Employee should make clear that they will not be providing this information with the Title IX Coordinator, unless the individual subsequently asks the Other Employee to do so.

Title IX Coordinator: The Title IX Coordinator, named in Section III of this Policy, is required to respond to reports of Prohibited Conduct. The Title IX Coordinator is responsible for, among other things, coordinating the University’s response to allegations and responsibilities under this Policy. When notified of conduct that reasonably may constitute Prohibited Conduct, the Title IX Coordinator must take the following steps to promptly and effectively end any Prohibited Conduct, prevent its recurrence, and remedy its effects (unless he determines that the alleged conduct could not constitute Prohibited Conduct):

• Treat the Complainant and Respondent equitably
• Offer and coordinate supportive measures for the Complainant, and, if the University has initiated grievance procedures or an Informal Resolution Process, to the Respondent as well
• Notify the Complainant or, if Complainant is unknown, the person who reported the conduct, of the University’s grievance and Informal Resolution Process if appropriate
• If a Complaint is made:
  • Notify the Respondent of the grievance procedures and Informal Resolution Process if appropriate
  • In response to a Complaint, initiate grievance procedures and/or the Informal Resolution Process
• In the absence of a Complaint or the withdrawal of a Complaint, and in the absence or termination of an Informal Resolution Process, determine whether to initiate a Complaint, as set forth in Section XX
• Regardless of the initiation of any Complaint, take appropriate prompt and effective steps, in addition to steps necessary to effectuate any remedies provided to an individual Complainant, if any, to ensure that Prohibited Conduct does not continue to recur

Student Employees

Students who have jobs that do not constitute full-time employment at the University are not “Other Employees” and do not have reporting obligations unless they serve as Resident Advisors or any other Mandatory Reporter as outlined above.

Where there is a reporting obligation, such obligation applies to information about Prohibited Conduct affecting students, employees, or third parties participating or attempting to participate in the University’s programs or activities.

Methods of Reporting

Online reporting: Reports of Prohibited Conduct may be submitted via the University’s online reporting form by clicking this link.

Link for employees (including independent contractors, volunteers, and applicants)

Link for students (including prospective enrollees, alumni, and applicants)

• Verbal reporting: An individual alleged to be a victim of Prohibited Conduct, or a third party, is permitted to report the allegation to the Title IX Coordinator or Mandatory Reporter(s) verbally. The reporting party may report verbally in person or via telephone using the contact information listed in Section III of this policy.
• Written reporting: An individual alleged to be a victim of Prohibited Conduct, or a third party, is permitted to report an allegation to the Title IX Coordinator or Mandatory Reporter(s) in writing.  The reporting party may deliver a written report in person, or mail (or email) the report to the address(es) listed in Section III of this policy.

The University will take reasonable steps to protect the privacy of the parties and witnesses during its grievance procedures. These steps will not restrict the ability of the parties to obtain and present evidence, including by speaking to witnesses; consult with their family members, confidential resources, or advisors; or otherwise prepare for or participate in the grievance procedures. The parties cannot engage in retaliation, including against witnesses.

Immediate Assistance

If a sexual assault has occurred, the University is committed to providing a variety of support and assistance to victims. Medical care following an assault is important to ensure the victim's safety and well-being, to evaluate any injuries, to consider pregnancy prevention, for preventative treatment for sexually transmitted diseases, and other health services.

Medical Attention and Resources

Immediate medical care, a sexual assault medical exam, and the services of a Sexual Assault Nurse Examiner (SANE) can be accessed locally at:

• Doylestown Hospital Emergency Services
  595 West State Street
  Doylestown, PA. 18901
  215.345.2200

Prior to going to the hospital, victims are encouraged to contact the Network of Victim Assistance (NOVA) hotline at 1.800.675.6900.  Hotline advocates are available to provide counsel and information, and can arrange advocacy support at the hospital.

Preserving Evidence

Any victim of rape, domestic violence, dating violence, sexual assault and/or stalking is advised to take steps immediately to preserve any evidence they may have in their possession and/or on their person. This evidence can be important proof if the victim chooses to pursue a protective order and/or criminal charges in the future.

Seeking medical treatment is an important option to preserve evidence for the future. If evidence is to be collected, go immediately to the hospital; avoid food, drink, smoking, showering or changing clothes as much as possible.  It is okay if you have done some of these things, as there may still be evidence to collect.  Other material, such as sheets, pillow cases or other fabric, are best placed in a paper bag for transport to the hospital where they can be evaluated for evidence.

Covered individuals are strongly encouraged to seek medical care and are advised that the hospital will notify police that an assault has occurred and that evidence has been collected. Covered individuals are not obligated to speak with police or to pursue a criminal Complaint.  For victims age 18 or older, a sexual assault medical exam may be completed anonymously.

Covered individuals who would like the support of a victim advocate to accompany them to the hospital are strongly encouraged to contact NOVA, a local Network of Victim Assistance. The contact information is below.

Confidential Resources for Support and Information After an Assault:

Covered individuals can receive confidential support and information both on and off campus without making a report to the University or law enforcement.

• Counseling Services (on-campus) in Elson Hall
  Phone number: 215.489.2317
  After 4:30 p.m. weekdays and weekends call Public Safety 215.489.4444
• Health Services (on-campus) in Elson Hall
  Phone number: 215.489.2252
  After 4:30 p.m. weekdays and weekends call Public Safety 215.489.4444
• Network of Victim Assistance (NOVA) – off campus
  24-Hour Phone Number: 800.675.6900
  www.novabucks.org
  A victim advocate can accompany a student to the hospital or health provider
• A Woman's Place – off campus
  Phone number: 800.220.8116
  www.awomansplace.org

Emergency Assistance and Response

• Office of Public Safety – Delaware Valley University
  Phone number: 215.489.4444
• Doylestown Hospital Emergency Services
  595 West State Street
  Doylestown, PA. 18901
  Phone number: 215.345.2200
• Central Bucks Regional Police Department
  Non-emergency line: 215.328.8511
• Doylestown Township Police Department
  Non-emergency line: 215.348.4201

In the event of an emergency, where seconds count, dial 911.

Academic Accommodations and Other Supportive Measures

Supportive measures are intended to protect the safety of the parties and/or the University’s educational environment, or to provide support during an Informal Resolution Process or grievance procedures as set forth in this Policy. Upon receipt of a report of Prohibited Conduct under this Policy, the University will engage in a dialogue with the Complainant and Respondent to determine which supportive measures may be appropriate.  Supportive measures are not punitive and will not amount to sanctions against any party. Supportive measures will not unreasonably burden any party to a grievance procedure or Informal Resolution Process.  The Title IX Coordinator is responsible for implementing the supportive measures offered to the parties. The Title IX Coordinator may consult, as appropriate, with Accessibility Services in determining the appropriate implementation of supportive measures for a Complainant or Respondent with a disability.

The University may implement these measures regardless of whether a Complainant wishes to pursue action through local law enforcement or file a formal Complaint under this Policy.

Supportive measures are available at no cost or fee, and may include:

• Mutual no-contact directives between the parties
• Changes in class schedules
• Extensions of deadlines or other course-related adjustments
• Withdrawal from classes with no penalty
• Changes in work or living arrangements
• Modifications of work or class schedules
• Counseling or other supportive services
• Medical services
• Academic support services
• Escort services to ensure safe movement on campus
• Leaves of absence
• Increased security and monitoring of certain areas of the campus
• Training and education related to sex-based harassment

In cases where the alleged Prohibited Conduct poses an imminent and serious threat to the health or safety of the Complainant, any other individuals, or to the University community, the University may place an individual or organization on interim separation – from the University, from residence, or from specified activities.  Where a Respondent is separated from the University, they will be provided with written notice and may appeal the decision in writing immediately after removal. 

Separation appeals shall be directed as follows within 7 calendar days:

Gloria Oikelome, Ph.D.
Provost and Vice President for Academic Affairs
gloria.oikelome@delval.edu

A Respondent may appeal the removal on the basis that the University did not undertake an individualized, non-biased safety and risk analysis to determine an imminent and serious threat to the health or safety or the Complainant or other persons.  Additionally, the University may, if otherwise permissible, place an employee Respondent on administrative leave from employment responsibilities during the pendency of any grievance procedures.

The University may modify or terminate supportive measures at the end of a grievance process or an Informal Resolution Process, or may continue them beyond that point.

The University will not disclose supportive measures other than to the person to whom the supportive measures are provided unless: necessary to provide the supportive measures or restore or preserve the Complainant or Respondent’s access to a program or activity; the person receiving supportive measures has provided prior written consent; the information is disclosed to an authorized legal guardian with the right to receive disclosures on behalf of the person receiving the supportive measures; or as required by law.

Changing or Challenging Supportive Measures

If circumstances change materially, a Complainant or Respondent may seek modification or termination of supportive measures by contacting the Title IX Coordinator.

Any Complainant or Respondent may seek modification or reversal of the Title IX Coordinator’s decision to provide, deny, modify, or terminate supportive measures applicable to them.  The modification or reversal may be requested by contacting the appeal officer, who will determine whether the decision to provide, deny, modify, or terminate the supportive measures was consistent with this Policy.  If the appeal officer finds that the decision was contrary to this Policy, they may modify or reverse the decision.

Supportive measure appeals shall be directed as follows within 7 calendar days:

Gloria Oikelome, Ph.D.
Provost and Vice President for Academic Affairs
gloria.oikelome@delval.edu

Even in the absence of a formal Complaint, the University will evaluate and address reported incidents of Prohibited Conduct in a manner designed to end the behavior, prevent its recurrence, and to ensure the safety of the reporting student and the University community.

A Complainant or third party can report Prohibited Conduct at any time so long as the alleged Prohibited Conduct took place while the impacted party was participating in the University’s programs or activities. A Complainant has the discretion to determine whether or not to proceed to a formal Complaint but must understand that the University may be required to respond to the report, even in the absence of a formal Complaint.

Retaliation for Reporting

No individual will be subject to retaliation for making a reasonable and good faith report or Complaint, or cooperating in a grievance procedure or Informal Resolution Process under this Policy. The University will not tolerate retaliatory behavior. Engaging in retaliation is a form of Prohibited Conduct under this Policy.

Amnesty

The University encourages reporting incidents of Prohibited Conduct and seeks to remove any barriers to reporting. The University recognizes that a student who has been drinking or using drugs at the time of an incident may be hesitant to make a report because of potential consequences for their own conduct. As such, a student who makes a report of Prohibited Conduct to the University or law enforcement, or participates as a witness in good faith, will not be subject to University disciplinary action for their own personal consumption of alcohol or drugs taken/used at or near the time of the incident of Prohibited Conduct, provided that any such violation was not an act that was reasonably likely to place the health or safety of any other person at risk. 

The University may, however, initiate an educational discussion or pursue other interventions/assessments for substance abuse. Amnesty will not be extended for any violations of University policies other than alcohol/drug use. In addition, Amnesty does not preclude or prevent action by police or other legal authorities. The use of alcohol, drugs, and/or legally prescribed medication does not justify or excuse behavior that constitutes Prohibited Conduct under this Policy.

Third-Party and Anonymous Reporting

By encouraging reporting and responding to same, the University signals its commitment to eliminate Prohibited Conduct in the University’s programs or activities. For this reason, the University, through the Title IX Coordinator or other member of the CRT, will evaluate and, where necessary and appropriate, investigate reports of Prohibited Conduct that are made through third-parties or anonymous reporting. Note that anonymous reports may make it difficult or impossible for the University to conduct an investigation into an incident, or pursue action against the individual(s) alleged to have engaged in Prohibited Conduct. Anonymous reporters are strongly encouraged to provide as much detail as possible, including the names of individuals who may have additional information.

Online Reporting

In addition to other methods of reporting listed above, reports of sexual misconduct can also be submitted via the University’s online:

Reporting form for students

Reporting form for employees

In some cases, online reports can be made anonymously, should the reporting party desire to do so.  Please review the form carefully for information about the reporting options.

An individual may make a formal Complaint of Prohibited Conduct, requesting that the University investigate and make a determination about alleged Prohibited Conduct, either in writing by filing a formal Complaint electronically or at the office of the Title IX Coordinator, physically signing this formal Complaint form and file it in person, by mail, or by e-mail; or verbally by communicating the Complaint to the Title IX Coordinator, another member of the CRT, or Public Safety (which forwards Complaints to the Title IX Coordinator). The formal Complaint does not require a detailed statement of facts, but rather information that will allow the CRT to fairly and accurately determine next steps in accordance with the University’s Policy.

For sex-based harassment, only the Complainant who allegedly was subjected to Prohibited Conduct (or the Complainant’s legal representative who has the right to act on behalf of Complainant) or the Title IX Coordinator may file a formal Complaint.  For Complaints of other sex discrimination, in addition to the Complainant and the Title IX Coordinator, any student or employee of the University or any other person who was participating or attempting to participate in the University’s education program or activity at the time of the alleged sex discrimination may file a formal Complaint.

The University may consolidate Complaints of sex discrimination against more than one Respondent, or by more than one Complainant against one or more Respondents, or by one party against another party, when the allegations of sex discrimination arise out of the same facts or circumstances. When more than one Complainant or more than one Respondent is involved, references in this Policy to a party, Complainant, or Respondent include the plural, as applicable.

Grounds for Dismissal Under this Policy

In certain instances where the Complainant files a formal Complaint, the University has discretion to dismiss it from consideration under this Policy:

1. 1. The University is unable to identify the Respondent after taking reasonable steps to do so;
   2. The Respondent is not a Covered Individual under this policy; in such cases the Complainant may request supportive measures to preserve their safety, such as restricting the Respondent’s access to University property;
   3. The Complainant voluntarily withdraws any or all of the allegations in the Complaint in writing, the Title IX Coordinator declines to initiate a Complaint, and the University determines that, without the Complainant’s withdrawn allegations, any alleged misconduct that remains would not constitute sex discrimination under this Policy even if proven; or
   4. The University determines that, even if proven true, the alleged conduct would not constitute sex discrimination.

The Title IX Coordinator, in consultation with the CRT, will determine whether a dismissal is appropriate. A formal Complaint subject to dismissal due to the Complainant’s request to withdraw may, nonetheless, be referred for further action if covered by another University policy or code of conduct.

When the University dismisses a formal Complaint under this Policy, the Title IX Coordinator will promptly notify the Complainant of the basis for dismissal and offer supportive measures if appropriate.  If the Respondent has already been informed of the allegations, the University will send simultaneous written notice of dismissal, reasons for dismissal to all parties, and the continued availability of supportive measures to all parties. Parties are entitled to an opportunity to appeal from the dismissal of a formal Complaint. For more information on Appeals, see Section XVIII of this Policy. Dismissal for Title IX purposes under this Policy does not prevent the University from responding to the alleged misconduct under another University policy or code of conduct.

Formal Complaints Filed by Title IX Coordinator

After receipt of a report of Prohibited Conduct, the Title IX Coordinator also has discretion to file a formal Complaint—without the Complainant’s participation—if the Title IX Coordinator believes an investigation in necessary. The Title IX Coordinator may do so only after: (i) promptly contacting the Complainant to discuss the availability of supportive measures; (ii) considering the Complainant’s wishes with respect to such measures; and (iii) explaining to the Complainant the process for filing a formal Complaint.

The Title IX Coordinator may consider a number of factors before filing a Complaint, such as: (i) the Complainant’s request not to proceed with initiation of a Complaint, if applicable, (ii) the Complainant’s reasonable safety concerns regarding the initiation of a Complaint, if applicable, (iii) the risk that additional acts of Prohibited Conduct would occur if a Complaint is not initiated; (iv) the severity of the alleged Prohibited Conduct, including whether the Prohibited Conduct, if established, would require the removal of a Respondent from campus or imposition of another disciplinary sanction to end the Prohibited Conduct and prevent its recurrence; (v) the age and relationship of the Complainant and Respondent, including whether the Respondent is an employee of the University; (vi) the scope of the alleged Prohibited Conduct, including information suggesting a pattern, ongoing sex discrimination, or sex discrimination alleged to have impacted multiple individuals; (vii) the availability of evidence to assist a Hearing Officer in determining whether Prohibited Conduct occurred; and (viii) whether the University could end the sex discrimination and prevent its recurrence without initiating its grievance procedures.  If the Title IX Coordinator initiates a Complaint, he will notify the Complainant prior to doing so and appropriately address any reasonable concerns about the Complainant’s safety and/or safety of others, including by providing supportive measures as appropriate.

Reporting to Local Law Enforcement

Complainants may choose to pursue resolution through local law enforcement as well as through the University's processes if the alleged violation is also a crime. Criminal acts under the scope of this Policy include but are not limited to: assault, stalking, rape, domestic violence, and dating violence. Contact information for outside law enforcement is provided below:

Central Bucks Regional Police Department

Non-emergency line: 215.328.8511

Doylestown Township Police Department

Non-emergency line: 215.348.4201

Emergency assistance: Dial 911

The University strongly encourages and supports victims and Complainants in choosing this option and will assist as requested in connecting individuals with appropriate local officials. The University's main campus straddles two local municipalities and the University operates other facilities (e.g., the Gemmill Campus, the Roth Farm). The Department of Public Safety is available for guidance in determining the appropriate jurisdiction and contact information.

Pursuing action through local law enforcement does not prevent the University from taking action as well, or from a Complainant requesting formal action by the University. The University's conduct proceedings differ in mission and purpose from the criminal justice system and represent two separate processes.  For that reason, reports made to the University will be evaluated and may proceed through University grievance procedures independent of any action being pursued through the criminal justice system.

Reporting to Office of Civil Rights (OCR)

Complaints of violations under Title IX, or inquiries regarding same, may also be referred to the Office for Civil Rights of the U.S. Department of Education at the following address:

Philadelphia Office
Office for Civil Rights
U.S. Department of Education
The Wanamaker Building
100 Penn Square East, Suite 515
Philadelphia, PA 19107-3323
Telephone: 215-656-8541
FAX: 215-656-8605
TDD: 800-877-8339

e-mail: OCR.Philadelphia@ed.gov

The University is committed to providing members of the University community a safe place to live and learn.  Because of this commitment, the University will respond with procedures that provide a fair, prompt, and impartial resolution to reports of Prohibited Conduct under this Policy. Under this Policy, the University will presume that a Respondent is not responsible for the alleged Prohibited Conduct until a determination of responsibility is made at the conclusion of the grievance process.

The University's CRT, identified in Section III above, is the body primarily charged with initially evaluating whether allegations of Prohibited Conduct would fall within the purview of this Policy. For allegations that do not implicate potential Prohibited Conduct under this Policy, the University may pursue remedies under other applicable policies.

If the allegations potentially implicate Prohibited Conduct under this Policy and a formal Complaint is made and not dismissed, the University will send the parties a written notice of allegations including the following information:

• Explanation of the University’s grievance process;
• Options for informal resolution of the allegations, if appropriate, as outlined in Section XIV;
• The allegations of Prohibited Conduct in the formal Complaint, which shall include sufficient detail, known at the time, for the Respondent to prepare a response before any initial interview;
• A statement that the Respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility is made at the conclusion of the grievance process;
• Information regarding parties’ rights during the grievance process, including, but not limited to the right to an advisor (who may be an attorney), and to inspect and review evidence from the investigation;
• A statement that retaliation is prohibited;
• That the parties are entitled to an equal opportunity to access the relevant and not otherwise impermissible evidence;
• Information regarding any provision(s) in the University’s code of conduct that prohibits knowingly making false statements or submitting false information during the grievance process; and
• The date, time, location, participants, and purpose of all hearings, investigative interviews, or other meeting, with sufficient time for the party to prepare and participate. This requirement may be included in subsequent notifications as the process proceeds, and dates/times become available. The Title IX Coordinator also will provide written notice of such schedule details to witnesses expected to participate in the process.

To the extent the University has reasonable concerns of the safety of any person as the result of providing this notice, the University may reasonably delay providing written notice of allegations in order to appropriately address the safety concern.  Reasonable concerns are based on an individualized safety and risk analysis and not mere speculation or stereotypes.

If, in the course of an investigation, the University decides to investigate additional allegations of sex discrimination by the Respondent toward the Complainant that are not included in the notice provided or that are included in a Complaint that is consolidated, the University will notify the parties whose identities are known of the additional allegations.

In most instances, the University will identify both the Complainant and the Respondent in the notice of allegations sent to each party. A Complainant who chooses to initiate the Informal Resolution Process or grievance process cannot remain anonymous or prevent the University from disclosing their identity in the notice of allegations.

The University will include only the information known to the University in the notice, and will, to the best of its ability, investigate formal Complaints alleging Prohibited Conduct even if the Respondent’s identity is unknown. If, during the investigation, the University investigates allegations outside of the notice, the University will provide an updated notice of the new allegations to each party.

Parties can expect reasonable protections of their privacy, including an expectation that parties do not share personally identifiable information regarding any participant in the grievance process (e.g., Complainant, Respondent, witnesses) unless there is a legitimate need for such disclosure, which could include the parties’ need to obtain and present evidence, speak with witnesses, consult with family members, confidential resources, or advisors, or otherwise prepare for or participate in the grievance process.

Advisors

For purposes of this Policy, each party has a right to an advisor of their choice, including an attorney, who can support the party throughout the (formal or informal) grievance process. Each party’s advisor may be present at any formal hearing. Each advisor is also entitled to receive the final investigative report and evidence related to the allegations, but is not entitled to receive all communications between the University and the party. Parties are expected to speak on their own behalf; advisors do not have a speaking role in the formal grievance process.

Parties are entitled to choose their own advisor to assist them in an Informal Resolution Process or grievance process.  If a party does not choose their own advisor, the University will suggest an advisor who does not have any conflicts of interest to act as their advisor.  The party is under no obligation to use any advisor throughout an Informal Resolution Process or formal grievance process, including any advisor suggested by the University.

Timeline

The University generally will seek to resolve every report of Prohibited Conduct within one hundred twenty (120) calendar days after receiving the report.   Within this time frame the University will aim to evaluate any formal Complaint within ten (10) days of receipt, provide a final investigation report within seventy (70) days of receipt of the Complaint, provide a decision following an adjudication within one hundred two (102) days of receipt of the Complaint, and resolve any appeal resulting from the adjudication by one hundred twenty (120) days from receipt of the Complaint. There may be circumstances that prevent the University from meeting the one hundred twenty (120) calendar day timeline. The timeframe may be extended by the University for good cause, as determined on a case-by-case basis, as necessary to ensure the integrity and completeness of an investigation, comply with a request by law enforcement, reasonably accommodate the availability of witnesses, reasonably accommodate delays by the parties, account for University closures, or address other legitimate reasons, including the complexity of the investigation (e.g., the number of witnesses and volume of information provided by the parties) and the severity and extent of the alleged Prohibited Conduct. When the University is unable to meet the one hundred twenty (120) calendar day timeline, the Title IX Coordinator will provide the parties with written notice regarding the extension, including the reason for the delay. 

In certain circumstances, the University may address a Complainant’s formal Complaint of alleged Prohibited Conduct through an Informal Resolution. Informal Resolution under this Policy does not involve an Investigation or formal hearing as described in Sections XV and XVI of this Policy, and is not appropriate for all forms of reported Prohibited Conduct.

The Complainant or Respondent may make a request to the Title IX Coordinator to informally resolve the formal Complaint. The University reserves the right to recommend that a report of Prohibited Conduct be resolved via an informal process. The Title IX Coordinator, in consultation with the CRT, will determine if Informal Resolution is an appropriate mechanism to address the Prohibited Conduct, prevent its recurrence, and remedy its effects. Further, a determination will be made to assess whether utilizing an Informal Resolution is consistent with applicable law and maintaining the safety and welfare of the entire University community, which will include a consideration of whether the alleged conduct would present a future risk of harm to others.  Thus, The University may decline to offer an Information Resolution Process even if one or both of the parties desires such a process. 

Voluntary Process: The University will not compel either party to engage in an Informal Resolution Process, and a party may withdraw from the process at any point to resume the formal grievance process with respect to the formal Complaint. Prior to commencement of the Informal Resolution Process, the University will:

• Notify the parties of:
  •  the allegations;
  • the requirements of the Informal Resolution Process;
  • that, prior to agreeing to a resolution, any party has the right to withdraw from the informal resolution process and initiate or resume the University’s grievance procedures;
  • that the parties’ agreement to a resolution at the conclusion of the Informal Resolution Process would preclude the parties from initiating or resuming grievance procedures arising from the same allegations;
  • the potential terms that may be requested or offered in an informal resolution agreement, including that such an agreement is binding only on the parties; and
  • what information the University will maintain and that the University may use information gained in the Informal Resolution Process in grievance procedures if initiated or resumed.
•  Obtain the parties’ written, voluntary consent to participate.

Types of Informal Resolution Processes: Where Informal Resolution is appropriate, the Title IX Coordinator, in consultation with the CRT, will determine whether to recommend arbitration, mediation, restorative justice, or another appropriate form of an informal process.

Advisors: Parties may consult with their respective advisors, if any, to assess both whether to engage in an informal process and as to the proposed resolution that results from the informal process. Advisors may attend meetings, mediations, etc., that may be part of the Informal Resolution Process, but are not permitted to participate in such meetings, mediations, etc.

Proposed resolutions may include: establishing interim supportive measures; issuing a No Contact Order or otherwise restricting contact; conducting targeted or broad-based educational programming or training for relevant individuals or groups; providing increased monitoring, supervision, or security at locations or activities where the Prohibited Conduct occurred; facilitating a meeting with the Complainant and Respondent present, if desired; and/or any other remedy that can be tailored to the involved individuals to transform the environment, prevent recurrence of the issues, remedy the effects of the particular Complaint, and more generally achieve the goals of this Policy. Where appropriate, informal resolutions may result in restrictions on the Respondent’s participation in one of more of the University’s programs or activities or attendance at events, or disciplinary measures designed to punish the Respondent.

Agreements: The University and the parties will treat Informal Resolution agreements as contracts, and the parties may negotiate the terms of the agreement. Once entered into, the agreement will become legally binding according to its terms. Informal Resolution agreements may not include confidentiality provisions.

Informal Resolution facilitators may not serve as either an Investigator or Hearing Officer in the University’s grievance procedures. 

​​​​​​The University will provide for adequate, reliable, and impartial investigation of Complaints.  The burden is on the University—not on the parties—to conduct an investigation that gathers sufficient evidence to determine whether sex discrimination occurred. During the course of the investigation, the University will gather evidence from the parties and third parties, which an Investigator will use to draft an investigative report.

Gathering Evidence / Witness Interviews

The Investigator performing the investigation on behalf of the institution will communicate with the parties, witnesses, and any third parties identified by the parties or the University, to retain evidence. The University is not entitled to any information protected under a legally cognizable privilege unless the privilege is waived by the holder of the privilege. Additionally, the University cannot use a party’s medical records without the party’s voluntary, informed, written consent. While not required, parties are permitted to gather evidence to provide to the Investigator, and may provide the investigator with a list of suggested questions to ask the other party and/or witnesses. The parties also may identify recommended witnesses—including any expert witness—with whom the Investigator in their discretion may speak. In so doing, parties should provide: (i) the names of any witnesses; (ii) an oral or written statement and/or description of what each witness observed; and (iii) a summary of why the information the witness has is relevant to making a determination of responsibility in the Investigatory process.

The investigator will determine if the witnesses identified for inclusion have information relevant to the finding of facts in the case. Witnesses must have direct, credible information about the specific allegation. Generally speaking, personnel who respond to and are involved with any aspect of resolving a Complaint of Prohibited Conduct will not be permitted as witnesses, nor will confidential support providers (counseling/health services) for either party. Although, parties may always introduce information about their own health or counseling records into the investigation process.

If a party’s participation in the investigation is invited or expected, the University must provide the party written notice of the date, time, location, participants, and purpose of all meetings with sufficient time for the party to prepare to participate.  At any meeting, a party may be accompanied by an advisor of their choice, though advisors may not speak at any such meeting or proceeding. 

During the investigation parties may only discuss the allegations under investigation with others on a legitimate need-to-know basis in the interest of respecting the privacy of all participants involved in the Complaint.  The University will address appropriately any unauthorized disclosure of information and/or evidence obtained solely through the University’s grievance procedures.  The parties cannot engage in retaliation, including against witnesses. Parties may not attempt to prevent or alter a witness’s testimony.

Investigative Reports

After the Investigator has collected evidence, the Investigator will draft an investigative report that fairly summarizes relevant evidence regarding the allegations in the formal Complaint. For investigations involving multiple Complaints about the same Respondent, the University may consolidate the Complaints and issue a single investigation report.

By 50 days after the receipt of the Complaint, the University will send each party and the party’s advisor, if any: (i) all of the evidence collected by the Investigator that is relevant (and not otherwise impermissible) even if not included in the draft report, including both inculpatory and exculpatory evidence; and (ii) a copy of the draft investigative report. The University may provide this information in either hard copy or electronic format. Each party will have 10 days to inspect and review the evidence and draft report, and submit written responses with corrections, context, challenging relevance, missing evidence, and other commentary that the party or the party’s advisor feels necessary. The Investigator will consider any such responses prior to completion of the investigative report. If relevant evidence appears to be missing and the Investigator determines the relevant evidence was destroyed by a party, the Hearing Officer can take that into account in assessing the credibility of parties, and the weight of evidence in the case.

The University has discretion to determine which evidence is relevant to the allegations in the formal Complaint, and may permit the Investigator to redact information not relevant to the allegations.

The Investigative report will include:

• Relevant evidence related to the allegation(s);
• Interview statements from each party and, if applicable, any witnesses;
• A listing of all undisputed facts between the parties; and
• A listing of all facts in dispute between the parties.

Relevance

Based on privilege, relevance, and confidentiality, certain information may be redacted from the investigative report. Relevance is discussed in greater detail in Section XVI relating to hearings.

Standard of Proof

The University uses the standard of “preponderance of the evidence” to determine a Respondent’s responsibility under this Policy. The Hearing Officer’s conclusions decide whether it is “more likely than not,” that the behavior occurred and violated this Policy, based upon the information provided through the course of the investigation and related hearing. Where the evidence is equal or level between the parties, the Respondent will be found not responsible. The Hearing Officer will make an independent and objective evaluation of the facts in reaching a determination as to responsibility.

This Policy provides for a live hearing conducted by a single hearing officer, who also will make a determination as to responsibility (“Hearing Officer”). The hearing will take place after the Investigator submits a final investigative report to the Hearing Officer.  

Pre-Hearing Requirements 

At least ten days before the hearing, each party will submit to the Hearing Officer a list of intended witnesses. At least five days before the hearing, the Hearing Officer will share each party’s witness list with the other party, and may add additional witnesses, as necessary 

Roles at the Hearing 

Hearing Officer: The Hearing Officer is an impartial party who will facilitate the hearing and make a final determination regarding the Respondent’s responsibility for the alleged Prohibited Conduct. During the hearing, the Hearing Officer will make determinations as to the relevance of questions posed to the Hearing Officer by the parties, and may ask questions to elicit information from the parties and witnesses directly. The Hearing Officer will not be the same person as the Investigator, and the Hearing Officer’s final determination will be made objectively based on the totality of the information available, including the investigative report and information presented at the hearing.  

Complainant: The Complainant may present information and pose questions to the Hearing Officer .  

Respondent: The Respondent may present information and pose questions to the Hearing Officer.  

Advisors: Parties are entitled to have an advisor present during the entire live hearing. The University will not limit a party’s choice of an advisor. An advisor may be an attorney, student leader, or any other adult of the party’s choice (except for the University’s Title IX Coordinator, the Hearing Officer, or other personnel responsible for the implementation of this Policy).  

Parties are permitted to consult with their advisor during the live hearing within reasonable time limitations.  Parties are obliged to speak on their own behalf, as such, advisors do not have a speaking role at the hearing.  

Students must notify the CRT of the identity of any selected hearing advisor by the close of business ten days before the scheduled hearing.  

Format of the Hearing 

For every portion of the hearing, the Complainant will present before the Respondent.  

Opening statement: Each party will have five minutes to present an opening statement regarding the allegations of Prohibited Conduct. 

Case presentation by parties: The Hearing Officer will give each party the opportunity present information. The Hearing Officer is permitted to ask questions as part of the presentation.  Other parties not presenting will have the opportunity to request the Hearing Officer ask specific questions at the close of each party’s presentation.  Parties are entitled to 30 minutes to present their case, though the Hearing Officer may extend that time if necessary. 

Examination of witnesses: The Hearing Officer will examine previously-identified witnesses following the Case Presentations, including to assess credibility.  Each party is allowed no more than five witnesses, unless the party demonstrates to the Hearing Officer the need for additional witnesses. At the close of each witness’s initial examination by the Hearing Officer, the Hearing Officer will confer separately with each party.  At that point, the party may propose any questions that are relevant and not otherwise impermissible to put to the witness who was just examined.  The party should propose questions in writing, either via email, chat in a videoconferencing system, or in hard copy.    

The Hearing Officer will determine whether a question proposed is relevant and not otherwise impermissible.  The Hearing Officer will ask relevant, not impermissible questions.  The Hearing Officer will explain any decision to exclude a question as not relevant or otherwise impermissible to the party that requested the question to be asked. Questions that are unclear or harassing of the party or witness being questioned will not be permitted. During the conference, the Hearing Officer will give a party an opportunity to clarify or revise a question that the Hearing Officer determined is unclear or harassing. If the party sufficiently clarifies or revises the question, the question will be asked. 

Closing statement: Each party will have five minutes to present a closing statement to the Hearing Officer regarding the allegations of Prohibited Conduct. 

The Hearing Officer will end each hearing thanking parties for their participation and outlining next steps, as outlined in Section XVII. 

General Hearing Requirements 

Hearings will take place live and in real time. The University may, in its own discretion, conduct live hearings virtually, using technology that enables participants to see and hear each other in real time. In addition, the University will conduct such live, virtual hearings at the request of either party.  

Witnesses will enter the live (or virtual) hearing room as necessary and will not be present during any portion of the proceeding other than their own questioning. 

Relevance: The University defines relevance as set forth in Section IV of this Policy.  Determinations on questions of relevance are made by the Hearing Officer. 

For purposes of this Policy irrelevant information includes: (i) statements protected by a legally-recognized privilege; (ii) any party’s medical, psychological, or counseling records, unless the person has given voluntary, written consent; (iii) questions about a Complainant’s sexual predisposition; and (iv) evidence that is duplicative of other evidence. 

Questions and evidence about the Complainant’s prior sexual behavior are not relevant unless: (i) offered to prove that someone other than the Respondent committed the alleged conduct; or (ii) the questions and evidence concern specific incidents of the Complainant’s prior sexual behavior with respect to the Respondent and are offered to show consent. Such protections do not apply to Respondents.  

Unless otherwise articulated in this Section, the University will not exclude relevant evidence, even if the evidence is unduly prejudicial to one party, concerns prior bad acts, and/or suggests a party acted in accordance with a particular character trait or patterned behavior.  

When considering evidence for purposes of determining responsibility (or for purposes of the investigative report), the University will not use any evidence that it reasonably knows was illegally obtained under local, state or federal law. Parties are prohibited from destroying or facilitating the destruction of evidence.  

The Hearing Officer will not draw an inference about the determination as to responsibility based solely on the party or witness’s absence from the live hearing or refusal to answer questions.  However, the Hearing Officer may place less or no weight on a party or witnesses’ statements when they refused to answer relevant, not impermissible questions. 

The University will create an audio or audiovisual recording or transcript of the live hearing which will be available to the Complainant and Respondent to inspect and review following the hearing. 

Rules of Decorum During the Hearing 

Hearing participants are not permitted to harass, badger, threaten, intentionally embarrass, or otherwise treat another individual without dignity and respect.  

Parties are permitted to take two 10-minute breaks during the hearing to discuss matters in private. Other than these breaks, parties must avoid engaging in conversation with their advisors during the hearing. If a party must talk to their advisor during the hearing, they must do so in a quiet, non-disruptive manner. 

Parties may not “fire” their respective advisors during the hearing. 

If a participant in the grievance process violates any of the rules in this Section, the Hearing Officer will give that participant one warning only. After a warning, the University has the discretion to remove that participant from the hearing and/or take disciplinary action against the offending participant. 

If an advisor does not comport with these rules, the Hearing Officer may require the advisor to leave the hearing.   

The University is not a party to the hearing, but, through the Investigator and/or Title IX Coordinator may present relevant information.  

Neither the parties nor the University has the authority to require a party or witness to testify at the live hearing. However, when participating, individuals are required to answer questions truthfully. Any participant who intentionally provides false information during the hearing or grievance process is in violation of either the Employee Code of Conduct (401) or the Student Code of Conduct. Participants will not be faulted for failing to remember events or details relevant to the allegations.  

Within 7 days after the hearing, parties will simultaneously receive the Hearing Officer’s written determination of responsibility. The Hearing Officer will make their decision using a preponderance of the evidence standard, defined in Section XVI.

The Hearing Officer will objectively evaluate all relevant evidence presented at the hearing and in the investigative report.

The formal written determination will contain the following:

• Identification of the allegations potentially constituting Prohibited Conduct;
• A description of the procedural steps taken from the receipt of the formal Complaint through the determination (including notifications to parties, interviews, site visits; evidence-gathering tactics, and hearings);
• Findings of fact supporting the determination;
• Conclusions regarding the application of the Policy to the facts,
• Evidentiary basis for conclusions reached in the case (in a written determination);
• A statement of, and rationale for, the result as to each allegation (including a determination regarding responsibility, any disciplinary sanctions the recipient imposes on the Respondent, and whether remedies designed to restore or preserve equal access to the University’s program or activity will be provided by the University to the Complainant (the nature of the remedies is not provided) and any other students identified by the University as experiencing the effects of sex-based harassment (if applicable); and
• Procedures and bases for appeal.

Outcomes and Sanctions for Those Found Responsible for Violations

Those found responsible for violations of this Policy are subject to a full range of actions including any civil or criminal charges which may accompany such acts. Sanctions will not take effect until after the final determination of responsibility, including appeal. The University is not required to impose particular sanctions based on a particular final outcome. The University is not required to use a standard of proportionality when it determines which sanction(s) would be appropriate for the Respondent. The University may, however, factor in a Respondent’s genuine lack of understanding into the sanctioning decision.

The following outcomes and sanctions may be imposed upon any individual found responsible for violations under this Policy:

Education

Educational activities, programs or interventions.

Warning

A notice in writing that institutional regulations have been violated.

Probation

A written reprimand in place for a designated period of time and noting the probability of more severe sanctions for subsequent violations during the period of probation. Probation may impose limits on students' participation in certain student programs and activities.

Restrictive Probation

Restrictions may include but not be limited to, for a designated period of time: loss of ability to hold office in any club or organization; restriction from participation in University programs (varsity athletics, or other co-curricular or academic programs); loss of access to facilities or equipment; housing restrictions or limitations. A student may lose their privileges or be subject to more severe disciplinary sanctions and/or suspension if found in violation of any regulations during their restrictive probationary period, no matter how minor.

No Contact Order

Respondent instructed to have no contact with another party to the Complaint through any means including: verbal, telephonic, electronic, written, or through third parties. This can be imposed by the University or a student(s) can request it, based on the circumstances of an incident.

Assessment

Professional evaluation or assessment of problematic behavior and appropriate treatment by a certified professional.

Suspension

Separation of the student from the University for a definite period of time, after which the student is eligible to return. Conditions for readmission may be specified.

Expulsion

Permanent separation of the student from the University.

The determination of sanctions is based upon a number of factors, including: the harm suffered by the Complainant; any ongoing risk to either the Complainant or the community posed by Respondent; the impact of the violation on the community, its members, or its property; any previous conduct violations; and any mitigating or aggravating circumstances.

Remedies and Accommodations for the Victim

The Title IX Coordinator is responsible for the implementation of remedies. Remedies may be offered to the Complainant if the Hearing Officer determines the Respondent is responsible for the alleged Prohibited Conduct. Remedies are intended to restore equal access to the University’s education program or activity. Unlike supportive measures, remedies may be disciplinary or punitive and may burden the Respondent if necessary. Depending on the needs of the Complainant, the remedies offered to the Complainant may include the same or similar services as the supportive measures the Complainant received throughout the grievance process. Remedies offered to the Complainant which do not directly affect the Respondent will remain confidential. Falsely accused Respondents are entitled to remedies. The University will determine which remedies are appropriate based on the circumstances of the case. The result of the grievance process may include actions to address and remediate the misconduct for the victim, such as:

• No-contact directives
• Changes in class schedules
• Withdrawal from classes with no penalty
• Changes in living arrangements
• Change in work arrangements
• Counseling or other supportive services
• Medical services
• Academic support services
• Escort services to ensure safe movement on campus

Additional Remedies for the University Community

The investigative process may result in remedies for the campus community at large, in order to address the effects of sex discrimination. Such remedies may include but not be limited to:

• Designating an individual specifically trained in providing trauma-informed services to victims and those affected by sexual assault to be available to meet with individuals;
• Training or retraining University personnel on University's responsibilities to report and address possible sex discrimination;
• Developing information and educational materials related to sex discrimination and prevention and response that can be distributed to all students;
• Conducting regular bystander education;
• Issuing policy statements about the University's policy;
• Conducting, in cooperation with student leaders, a campus “climate check” to assess the efficacy of prevention and response efforts;
• Training for groups of particular students impacted by an incident—if for example sex-based harassment created a hostile environment within a team, residence hall, or other student group; and
• Informational (prevention, safety) emails to students after an event.

Each party has the right to appeal a determination of responsibility, as well as the University’s dismissal of a formal Complaint or any allegations therein. Appeals may be made based on the following grounds:

• One or more procedural irregularity(ies) (e.g., failure to objectively evaluate all relevant evidence, including inculpatory and exculpatory, or erroneous relevance determinations) that affected the outcome of the matter;
• New evidence that was not reasonably available at the time the determination of responsibility or dismissal was made that could affect the outcome of the matter; and/or
• The Title IX Coordinator, Investigator(s), or Hearing Officer had a conflict of interest or bias for or against Complainants or Respondents generally or the individual Complainant or Respondent that affected the outcome of the matter.

Appeals shall: (i) be made in writing; (ii) include the basis(es) for appeal and any related statement challenging the outcome; and (iii) be delivered via electronic mail within five days as outlined below.

If a party appeals a Complaint dismissal or determination whether sex-discrimination occurred, the University will:

• Notify the parties of any appeal, including notice of the allegations, if notice was not previously provided to the Respondent;
• Implement appeal procedures equally for the parties;
• Ensure that the decisionmaker for the appeal did not take part in an investigation of the allegations or dismissal of the Complaint;
• Ensure that the decisionmaker for the appeal has been trained consistent with the Title IX regulations;
• Provide the parties a reasonable and equal opportunity to make a statement in support of, or challenging, the outcome; and
• Notify the parties of the result of the appeal and rationale for the result.

Appeals should be submitted to:

Gloria Oikelome, Ph.D.
Provost and Vice President for Academic Affairs
gloria.oikelome@delval.edu

The Provost will transmit a copy of the appeal to the non-appealing party within three days of receiving the request.  Such transmittal shall notify the non-appealing party of their right to submit a response to the appeal and any other statement in support of the Hearing outcome within five days of receipt of the notification.

Upon receipt of the non-appealing party’s response, or the expiration of five days, the Provost will consider the appeal, which consists of a review of written case materials and files. Results of the appeal will be communicated simultaneously, and in writing to both parties within five days from the receipt of the non-appealing party’s response (or the expiration of the period to respond). The written appellate decision will describe the result of the appeal and the rationale for the result. Appeal decisions are final.

The University educates students about sex discrimination through several means. New students are required to complete an online Title IX and Campus SaVE Act education program that combines sexual assault and bystander intervention education through the University’s online orientation program, Student Lingo.

Student Lingo is complemented by a unit in the DelVal Experience I course, which is the foundational component of the University’s experiential learning curriculum.  Information about the specifics of this educational experience can be obtained in the Office of Student Involvement.  

The Dean of Students Office publishes the Delaware Valley University Support and Resource Guide for Sexual Misconduct to communicate policy expectations and resources to all constituencies.  Incoming students receive this material at formal welcome sessions and other community members have access to the Guide through various means.

During the course of each academic year, offices within Student Life sponsor or co-sponsor at least one program each semester on matters related to sexual misconduct.

Public Safety conducts annual Clery Training for all Campus Security Authorities (CSA). Clery Act training includes but is not limited to sexual assault, domestic violence, dating violence and stalking.

Additionally, Human Resources provides training on the Policy for each new employee (including faculty), each employee whose job changes in a manner that changes their reporting obligations under this Policy, and annually for all employees and faculty of the University.  That training includes, but is not limited to, the University’s obligation to address sex-based discrimination in its education program or activity; the scope of conduct that constitutes sex discrimination under this Policy; and the University’s notification, information, and reporting requirements for employees as set forth in Section X.  The training will not further sex stereotypes.

Additional training for the Title IX Coordinator and deputy(ies), the Central Review Team, Investigators, Hearing Officers, facilitators of the Informal Resolution Process, employees with either responsibility for implementing the Informal Resolution Process or grievance procedures under this Policy, and others with the authority to modify or terminate supportive measures must be trained annually, including on the topics all employees receive training on and on the topics as set forth below.

• Investigators, Hearing Officers, and Other Persons Responsible for Implementing the University’s Grievance Procedures or Who have the Authority to Modify or Terminate Supportive Measures (together “Involved Employees”)
  • The University’s obligations to respond to knowledge of conduct that reasonably may constitute Prohibited Conduct under this Policy and to address sex discrimination in its education programs and activities;
  • The University’s grievance procedures;
  • How to serve impartially, including by avoiding prejudgment of the facts at issue, conflicts of interest, and bias; and
  • The meaning and application of the term “relevant” in relation to questions and evidence, and the types of evidence that are impermissible under this Policy.
• Facilitators of the Informal Resolution Process
  • The rules and practices associated with the University’s Informal Resolution Processes; and
  • How to serve impartially, including by avoiding conflicts of interest and bias
• The CRT and the Title IX Coordinator and Designees
  • Training on all topics required of all employees, Involved Employees, and facilitators of the Informal Resolution Process;
  • Their specific responsibilities under this Policy;
  • The University’s recordkeeping obligations and the University’s recordkeeping system; and
  • Any other training necessary to coordinate the University’s compliance with Title IX.

All materials used to provide training under this Section will be made available upon request.

Members of the CRT have been identified for inclusion in that role by virtue of their positions and training. The CRT meets regularly to continually explore current issues related to prevention and response to sex discrimination on University campuses, and to review emerging compliance mandates and guidelines.

The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (20 USC § 1092(f)) is the landmark federal law, originally known as the Campus Security Act, that requires colleges and universities across the United States to disclose information about crime on and around their campuses.

The law was amended in 1992 to add a requirement that schools afford the victims of campus sexual assault certain basic rights and was amended again in 1998 to expand the reporting requirements.

The Clery Act requires colleges and universities to:

• Publish an Annual Security report (ASR);
• Have a public crime log;
• Disclose crime statistics for incidents that occur on campus, in unobstructed public areas immediately adjacent to or running through the campus, and at certain non-campus facilities;
• Issue timely warnings about Clery Act crimes which pose a serious or ongoing threat to students and employees (names of victim(s) are withheld as confidential);
• Devise an emergency response, notification, and testing policy;
• Compile and report fire data to the federal government and publish an annual fire safety report; and
• Enact policies and procedures to handle reports of missing students.

The Campus Sexual Violence Elimination Act, or Campus SaVE Act (SaVE), is a 2013 amendment to the federal Jeanne Clery Act. SaVE was designed by advocates along with victims/survivors and championed by a bi-partisan coalition in Congress as a companion to Title IX that will help bolster the response to and prevention of sexual violence in higher education. President Obama signed the measure into law as part of the Violence Against Women Reauthorization Act of 2013 on March 7, 2013.

To increase transparency about the scope of sexual violence on campus, SaVE requires that colleges and universities provide for standards in institutional conduct proceedings and offer campus community-wide prevention educational programming. The University will provide both the Complainant and Respondent with equal rights throughout the process outlined in this Policy.

The University, beginning with the 2013 calendar year, collects and reports statistics for domestic violence, dating violence and stalking (as defined by the Violence Against Women Act) occurring on-campus, on public property within and adjacent to campus, and at non-campus properties like off-campus student organization housing and remote classrooms. Institutions are already required to report sexual assault statistics.

The University's Annual Security Report is available on the University's website.

In accordance with regulations, the University collects statistics from a broad range of campus officials including Resident Advisors, Deans and athletic coaches, Public Safety, and local law enforcement. The law requires disclosures to protect the confidentiality of victims in these statistical disclosures as well as any public record keeping, to the extent provided by law.

The law requires that “campus security authorities” report crime statistics for inclusion in the University's Annual Security Report. “Campus security authorities” include, but are not limited to, officials of the University with significant responsibility for students or campus activities. CSA's are trained and assessed annually.

A crime will be considered “reported” when it is brought to the attention of a campus security authority by a victim, witness, or third party.

Campus Security Authority - The following are defined by the Jeanne Clery Act as Campus Security Authorities:

• Campus Security/Police Departments
• Individuals with Campus Security Responsibility - Any individuals who have responsibility for campus security but who do not constitute a campus police department or a campus security department, such as an individual who is responsible for monitoring entrance into institutional property.
• Individuals Designated by the Campus - Any individual or organization specified in an institution's statement of campus security policy as one to which students and employees should report criminal offenses.
• Officials with Significant Responsibility for Student and Campus Activities - An official of an institution who has significant responsibility for student and campus activities, including, but not limited to, student housing, student discipline, and campus judicial proceedings. If such an official is a pastoral or professional counselor as defined below, the official is not considered a campus security authority when acting in those capacities. Examples of this category are: Deans of Students, Student Housing Officials, Students Discipline Officials, Student Conduct officers, Officials who oversee a student center, Officials who oversee student extracurricular activities, Director of Athletics, Team Coaches and Faculty Advisors to student groups.

Records and confidentiality

• The report of the CRT is maintained with the Title IX Coordinator as a Sexual Misconduct Policy case file.
• A copy of the outcome notice will also become a part of the student's conduct file maintained in the Dean of Students Office for reviewing any subsequent behavioral violations and determining sanctions of same.
• Student records are maintained for a period of seven years from the University with the exception of records associated with a recommendation of suspension or expulsion which are maintained indefinitely.
• The University will maintain records relating to the procedures stated in this Policy for seven (7) years, including records of:
  • • Investigations and final determinations;
    • Sanctions imposed on the Respondent;
    • Remedies provided to the Complainant;
    • Any appeal, and result of the appeal(s);
    • Informal resolution (if any) and the result;
    • Reports, notifications, and Complaints of conduct that reasonably may constitute Prohibited Conduct, as well as the University’s responses thereto;
    • Supportive measures or other actions taken in response to a report or formal Complaint of Prohibited Conduct; and
    • Training materials. 
• Sexual Misconduct Policy case files constitute “educational records” under the Family Educational Rights and Privacy Act (FERPA) and are subject to its release and confidentiality provisions in accordance with the Annual FERPA Notification of Student Rights.
• No information shall be released from such proceedings except as required or permitted by law and University policy.
• Generally, University policy is to obtain consent from a student before releasing information from a student's education record to parents. When in the judgment of the University a release of information to parents is appropriate for health and safety, and when such release is not in violation of FERPA or other applicable privacy laws, the University reserves the right to notify parents.
• Students have a right to request a copy of their educational records and may do so through a written request to the Dean of Students or designee.
• In situations where a victim chooses to pursue action through local law enforcement, the University will cooperate with the sharing of all information and records.

Policies related to students, some of which are referenced earlier in this document, are found on the Student Life Policy landing page. These policies include:

· Student Code of Conduct

· Student Expressive Rights Policy

· Hazing Prevention Policy

· University Alcohol Policy

· Residence Hall policies

Policies related to employment, some of which are referenced earlier in this document, are found on the Human Resources Employee Policy page.

Related policies include:

· 102 Equal Opportunity in Employment

· 118 Child Abuse Reporting

· 123 Prevention of Discrimination and Unlawful Harassment

· 308 University Leave

· 317 Family and Medical Leave

· 323 Parental Leave

· 401 Employee Code of Conduct

Prohibited Relationships

A romantic or consensual sexual relationship between a faculty member and a student currently enrolled in his/her/their class is not permitted. Faculty and/or staff members may not supervise students, employees or University community members with whom he/she/they have a romantic or sexual relationship. If such a relationship exists, it is a conflict of interest and arrangements must be made to ensure a faculty/student or supervisor/employee reporting relationship does not occur.

Below is a comprehensive listing of all resources, offices and contact information referenced in this policy.

Emergency Assistance and Response

• Department of Public Safety – Delaware Valley University

Phone number: 215.489.4444

• Doylestown Hospital Emergency Services 595 West State Street Doylestown, PA. 18901

Phone number: 215.345.2200

• Central Bucks Regional Police Department

Non-emergency line: 215.328.8511

• Doylestown Township Police Department

Non-emergency line: 215.348.4201

In the event of an emergency where seconds count, dial 911.

Confidential support – on and off campus:

• Counseling Services (on-campus) in Elson Hall

Phone number: 215.489.2317

After 4:30 p.m. weekdays and weekends call Public Safety 215.489.4444

• Health Services (on-campus) in Elson Hall

Phone number: 215.489.2252

After 4:30 p.m. weekdays and weekends call Public Safety 215.489.4444

• Network of Victim Assistance (NOVA) – off campus 24-Hour

Phone Number: 800.675.6900

A victim advocate can accompany a student to the hospital or health provider

• A Woman's Place – off campus

Phone number: 800.220.8116

Formal Reporting to the University

Title IX Coordinator

Tim Poirier, Dean of Students

timothy.poirier@delval.edu

215.489.2215

Student Center

Public Safety

215.489.4444

Public Safety Office – Alumni House

Reporting to Local Law Enforcement

• Central Bucks Regional Police Department

Non-emergency line: 215.328.8511

• Doylestown Township Police Department

Non-emergency line: 215.348.4201

• Emergency assistance: Dial 911

Policy questions

General questions regarding this policy and/or complaints of student-to-student misconduct may be referred to:

Tim Poirier, Dean of Students, Title IX Coordinator

timothy.poirier@delval.edu

215.489.2215

Student Center

Inquiries regarding Title IX may also be referred to the Office for Civil Rights of the U.S. Department of Education at the following address:

Philadelphia Office

Office for Civil Rights

U.S. Department of Education

The Wanamaker Building

100 Penn Square East, Suite 515 Philadelphia, PA 19107-3323

Telephone: 215-656-8541

FAX: 215-656-8605

TDD: 800-877-8339

e-mail: OCR.Philadelphia@ed.gov