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Sex Discrimination/Misconduct Policy

Elizabethtown College is committed to providing a learning, working and living environment that promotes personal integrity, civility and mutual respect in an environment free of sex discrimination and sexual misconduct. Title IX of the Educational Amendment Act 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 assistance. Sex discrimination violates an individual’s fundamental rights and personal dignity.

Policy

Elizabethtown College prohibits sex discrimination in all its forms and considers it to be a serious offense. This policy includes all forms of sex discrimination, including, but not limited to: sexual harassment, sexual assault, sexual misconduct, stalking, dating violence, and domestic violence . This policy has been developed to reaffirm individual rights and responsibilities and to provide recourse for those individuals whose rights have been violated. It serves as a measure for Elizabethtown College to determine, after the fact, if behaviors trespass on community values. It also should serve as a guide for you on the expectations we have for sexual communication, sexual responsibility and sexual respect.

The expectations of the College community can be summarized as follows: In order for individuals to engage in sexual activity of any type with each other, there must be clear consent. Consent is sexual permission. Consent can be given by word or action, but non-verbal consent is less clear than talking about what is acceptable or allowable. Consent to some form of sexual activity cannot be automatically taken as consent to any other sexual activity. Silence – without actions demonstrating permission - cannot be assumed to show consent.

Definitions:

Coercion

Coercing someone into sexual activity violates this policy as much as physically forcing someone into sex. Coercion exists when a sexual initiator engages in sexually pressuring and/or oppressive behavior that violates the norms of the community, such that the application of pressure or oppression causes another individual to engage in unwanted sexual behavior. Coercion may be differentiated from seduction by the repetition of the coercive activity beyond what is reasonable, the degree of pressure applied, environmental factors such as isolation and the initiator’s knowledge that the pressure is unwanted.

Consent

Effective consent is the basis of the analysis applied to unwelcome sexual contact. Lack of consent is the critical factor in any incident of Sexual Misconduct and Sexual Violence.

  1. Consent is informed, freely and actively given and requires clear communication between all persons involved in the sexual encounter
  2. Consent is active, not passive. Consent can be communicated verbally or by actions. But in whatever way consent is communicated, it must be mutually understandable. Silence, in and of      itself, cannot be interpreted as consent.
  3. It is the responsibility of the initiator of sexual contact to make sure they understand fully what the person with whom they are involved wants and does not want sexually.
  4. Consent to one form of sexual activity does not imply consent to other forms of sexual activity.
  5. Previous relationships or consent does not imply consent to future sexual acts.
  6. Consent cannot be procured by use of physical force, compelling threats, intimidating behavior, or coercion. Coercion is unreasonable pressure for sexual activity. Coercive behavior differs from      seductive behavior based on the type of pressure someone uses to get consent from another.
  7. Incapacitation is a state where one cannot make a rational, reasonable decision because they lack the ability to understand the who, what, when, where, why or how of their sexual interaction.
  8. Effective consent cannot be given by minors, mentally disabled individuals or persons incapacitated as a result of drugs or alcohol.
  9. Use of alcohol or other drugs will never function to excuse behavior that violates this policy. When alcohol or other drugs are being used, someone will be considered unable to give valid consent if they cannot appreciate the who, what, when where, why or how of a sexual interaction. Individuals who consent to sex must be able to understand what they are doing.
  10. If you have sexual activity with someone you know to be‐‐or should know to be—mentally or physically incapacitated (by alcohol or other drug use, unconsciousness or blackout), you are in violation of this policy.
  11. This policy also covers someone whose incapacity results from mental disability, sleep, involuntary physical restraint, or from the taking of a so‐called “date‐rape” drug. Possession, use and/or distribution of any of these substances, including Rohypnol, Ketomine, GHB, Burundanga, etc.      is prohibited, and administering one of these drugs to another person for the purpose of inducing incapacity is a violation of this policy. More information on these drugs can be found at http://www.911rape.org/

If you find yourself in the position of being the initiator of sexual behavior, you owe sexual respect to your potential partner. These suggestions may help you to reduce your risk for being accused of sexual misconduct:

  1. DON’T MAKE ASSUMPTIONS. About consent. About someone’s sexual availability. About whether they are attracted to you. About how far you can go. About whether they are physically or mentally able to consent to you.
  2. Clearly communicate your intentions to your sexual partner and give them a chance to clearly relate their intentions to you.
  3. Understand that consent to some forms of sexual behavior does not necessarily imply the consent to other forms of sexual behavior.
  4. Mixed messages from your partner should be a clear indication that you should step back, defuse the sexual tension, and communicate better. Perhaps you are misreading them.
  5. Don’t take advantage of someone’s drunkenness or drugged state, even if they did it to themselves.
  6. Realize that your potential partner could be intimidated by you, or fearful.
  7. At Elizabethtown College, silence and passivity cannot be interpreted by you as an indication of consent. Read your partner carefully, paying attention to verbal and non-verbal communication.

This policy was developed based on requirements of the US Department of Education, following recommendations from NCHERM’s open source guide on Title IX and Sexual Misconduct, and portions have been adapted with permission from the Notre Dame College of Ohio Sexual Misconduct Policy.

Sex Discrimination

Sex discrimination includes all forms of: sexual harassment, sexual misconduct, and sexual violence by employees, students, or third parties against employees, students, or third parties. Sex discrimination also includes stalking, dating violence and domestic violence. Students, College employees, and third parties are prohibited from harassing other students and/or employees whether or not the incidents of harassment occur on the College campus and whether or not the incidents occur during working hours.

Sexual Misconduct

Sexual misconduct, including sexual assault, is defined as deliberate contact of a sexual nature without the other person's consent. Sexual Misconduct may vary in its severity and consists of a range of behaviors or attempted behaviors that may be grounds for student conduct action under College policy. These behaviors, all of which constitute sexual misconduct include:

  1. Non-consensual sexual contact. Non-consensual sexual contact is any sexual touching, with any object, by a man or a woman upon another person without consent or making any person touch you or them in a sexual manner. It is defined as engaging in any sexual contact other than intercourse with another person without that person’s consent and/or cognizance. It includes any non-consensual sexual contact, including any improper touching of intimate body parts. It also includes the non-consensual removal of another’s clothing, indecent contact (i.e., the unwanted touching of intimate body parts including, but not limited to, genitals, buttocks, groin, or breasts) or causing another to have indecent contact with them.
  2. Non-consensual intercourse. Non-consensual intercourse is any sexual intercourse (anal, oral or vaginal), with any object, by a man or woman upon another person without consent. It is defined as engaging in sexual intercourse (oral, anal or vaginal) with another person without that person’s consent and/or cognizance. Non-consensual intercourse may be accomplished by expressly or implicitly forcing or coercing another person to have sexual intercourse against his/her will, including the use or threat of physical force, or any behavior that is designed to intimidate and induce fear in another person. Non-consensual intercourse can also occur when another person is under the influence of alcohol or other drugs, is undergoing physical or emotional trauma, is less than 17 years of age, or is otherwise incapable of denying or giving consent (for example, when an individual is in an unconscious or semi-conscious state).
  3. Sexual Exploitation.  Sexual exploitation occurs when a person takes non-consensual or abuse sexual advantage of another or his/her own advantage or benefit, or to benefit or advantage anyone other than the one being exploited, and that behavior does not otherwise constitute one of the other sexual misconduct offenses.  Examples of sexual exploitation include, but are not limited to:
    • prostituting another person;
    • non‐consensual video or audio‐taping of sexual activity;
    • going beyond the boundaries of consent (such as letting your friends hide in the closet to watch you having consensual sex);
    • engaging in voyeurism;
    • knowingly transmitting an STD or HIV to another.

Sexual and Gender-based Harassment

Sexual harassment is unwanted sexual advances, requests for sexual favors, or visual, verbal, or physical conduct of a sexual nature when: (1) submission to such conduct is made – either implicitly or explicitly--a term or condition of an individual’s employment or academic status; (2) submission to or rejection of such conduct is used as a basis for employment or education decisions affecting the individual; or (3) such conduct has the purpose or effect of unreasonably interfering with a student’s or employee’s work performance or creating an intimidating, hostile, or offensive working, educational, or living environment. While sexual harassment encompasses a wide range of conduct, some examples of specifically prohibited conduct include:

  1. Promising, directly or indirectly, a reward to an individual if the person complies with a sexually oriented request.
  2. Threatening, directly or indirectly, retaliation against an individual, if the person refuses to comply with a sexually oriented request.
  3. Denying, directly or indirectly, an individual employment or education related opportunity, if the individual refuses to comply with a sexually oriented request.
  4. Engaging in sexually suggestive conversation or physical contact or touching another individual.
  5. Displaying pornographic or sexually oriented materials.
  6. Engaging in indecent exposure.
  7. Making sexual or romantic advances toward an individual and persisting despite the individual’s rejection of the advances.
  8. Physical conduct such as assault, touching, or blocking normal movement.
  9. Retaliation for making harassment reports or threatening to report harassment.

Gender-based harassment is also prohibited. It includes but is not limited to acts of verbal, nonverbal, or physical aggression, intimidation, or hostility based on sex or sex stereotyping even if those acts do not involve conduct of a sexual nature.

Sexual harassment can involve males or females being harassed by members of either sex. Although sexual harassment sometimes involves a person in a greater position of authority as the harasser, individuals in positions of lesser or equal authority also can be found responsible for engaging in prohibited harassment. Sexual harassment can be physical and/or psychological in nature. An aggregation of a series of incidents can constitute sexual harassment even if one of the incidents considered separately would not rise to the level of harassment.

Retaliation

The College strictly prohibits retaliation against any person for reporting, testifying, assisting or participating in any manner in any investigation or proceeding involving allegations of discrimination or harassment. Any person who violates this policy will be subject to discipline, up to and including termination if they are an employee, and/or expulsion if they are a student.

  • Retaliation is any action by any person that is perceived as: intimidating, hostile, harassing, retribution, or violent that occurs in connection to the making and follow-up of the report.

Dating Violence

The term “dating violence” means violence committed by a person (a) who is or has been in a social relationship of 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: the length of relationship, the type of relationship and the frequency of interaction between the persons involved in the relationship.

Domestic Violence

The term “domestic violence” includes felony or misdemeanor crimes committed by the current or former spouse of the complainant, by a person whom the complainant shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse, by a person similarly situated to a spouse of the complainant under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other person against an adult or youth victim who is protected from the person’s acts under the domestic or family violence laws of the jurisdiction.

Stalking

The term “stalking” means engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for his or her safety or the safety of others; or suffer substantial emotional distress.

Bystander Intervention Tips

Prevention of sexual misconduct requires a commitment from all members of the campus community in order to foster and maintain an optimal environment for learning and development. Elizabethtown College and the Division of Student Life promote a campus climate in which individuals will use their best judgment to assist with situations if it is safe to do so. It is our goal to create a caring and responsible community. To assist in supporting this type of community, the following suggestions are provided.

  • Active bystanders address biased and/or sexist attitudes and beliefs to challenge behaviors that support sexual violence
  • Avoid being a passive bystander to situations which could potentially evolve into sexual misconduct. Pay attention to the verbal and non-verbal signals of those around you and intervene in situations where a friend or acquaintance may be at risk for assault.
  • Simply checking in with someone can interrupt the potential for something bad happening. Ask yourself, “If I were in this situation, would I want someone to help me?”
  • Encourage your friends to show respect for others by respecting their boundaries, physical and otherwise. This includes a personal decision to be alcohol-or drug-free.
  • Know that if a person is drunk, he or she cannot legally consent to sex.
  • Keep campus emergency numbers in your cell phone/iPod or other device and call for help.
  • Make a report of the incident by contacting Campus Security or using ECHotline our online incident report.

Warning Signs of Abusive Behavior

Dating and domestic violence occurs in all socio-economic, educational, racial, and age groups. The issues of power and control are at the heart of this type of violence. The batterer uses acts of violence and a series of behaviors to gain power and control.

Behavioral Signs:

  • Intimidation: Smashing things, abusing pets, destroying victim's property, displaying weapons.
  • Threats: Making and/or carrying out threats to harm the victim, to commit suicide, to report him or her to child welfare, to make him or her drop charges.
  • Isolation: Controlling what the victim does, sees, and reads, limiting who the victim talks to.
  • Emotional abuse: Putting the victim down, calling him or her names, making him or her think he or she's crazy, playing mind games.

Warning Signs:

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

From RAINN (Rape, Abuse, and Incest National Newtork)

Title IX Coordinator and Deputy

Elizabethtown College has designated a Title IX Coordinator and Title IX Deputy for all matters related to sex discrimination at the College, and to coordinate the efforts of the College to comply with Title IX law.

Title IX Coordinator

Dr. Elizabeth Rider, Associate Academic Dean and Registrar, High Library, Rm 208
Phone: 717.361.1333

E-mail: riderea@etown.edu

Title IX Deputy

Allison Bridgeman, Associate Dean of Students and Director of Residence Life
Phone:  717.361.1426
E-mail: bridgemana@etown.edu

 

Questions about the application of Title IX at Elizabethtown College should be directed to Dr. Rider, Associate Dean Bridgeman or to the Office of Civil Rights, Department of Education, Washington, D.C., https://wdcrobcolp01.ed.gov/CFAPPS/OCR/contactus.cfm

As the Title IX Coordinator, the Associate Academic Dean is responsible for:

  • Explaining Elizabethtown College’s sex discrimination policy and investigation procedures to internal and external constituencies.
  • Collaborating with Student Life and Human Resources on
     the delivery of annual training for Title IX reporting officials and other members of the College Community
  • Exploring various means of resolving a complaint including referral to the Office of Student Rights & Responsibilities or to the Office of Human Resources as appropriate.
  • Preparing or overseeing any reports, recommendations, or remedial action(s) that are needed or warranted to resolve any prohibited conduct

Recommended Procedures for Those Who have Experienced Sex Discrimination or Sexual Misconduct

The College encourages those who have experienced any form of sex discrimination or sexual misconduct to report the incident promptly, to seek all available assistance, and to pursue college discipline proceedings and criminal prosecution of the offender.

In a crisis, get help immediately.

Contact any of the following:

  • Campus Security – 717.361.1111 (Emergency Hotline)
  • Lancaster Sexual Assault Hotline – 717.392.7273
  • Residence Life -717.361.1197 or your Resident Assistant
  • Student Wellness – 717.361.1405
  • Dean of Students – 717.361.1196

Tell a trusted person about the incident, ask them to accompany you to Campus Security or call Campus Security at 717.361.1111 for emergency assistance. Campus Security can provide immediate referral information, access to the College counselor on call, access to the Lancaster county sexual assault advocate, and/or investigation assistance.

In the case of sexual assault or violence, preserve physical evidence by making certain that the crime scene is not disturbed. (The decision to press charges does not have to be made at this time. However, following these procedures will help preserve this option for the future.) The individual should not bathe, urinate, douche, brush teeth, or drink liquids. Clothes should not be changed but if they are bring all the original clothing to the hospital in a paper bag. (Plastic bags may damage evidence.)

Seek immediate medical attention at an area hospital and take a full change of clothing, including shoes, for use after a medical examination. It’s recommended that a physical exam be conducted within 72 hours of the assault. Please keep in mind that having a sexual assault exam does not mean that the individual is mandated to press charges. This action only keeps the options open. (Individuals under the age of eighteen should be aware that, as a minor, their parent(s) or legal guardian may have the right to obtain information from their medical records.) Lancaster General Hospital and Penn State Hershey Medical Center provide a SAFE nurse.

Request to speak with a staff counselor for confidential support. Also a county rape-crisis advocate may also be contacted at the victim’s request.

Report . Reporting the incident does not commit a student to filing charges; however, the College is required to investigate such reports. A student has the options of initiating a complaint through the Student Conduct Process by contacting Campus Security at 717-361-1263 and/or by filing a report with the local police.

Support and Resources

There are various supportive measures available for those who have experienced sex discrimination. These support sources include:

  • Title IX Coordinator and Deputy: The Title IX Coordinator serves as the central reference person for information about reporting and the investigative procedures.
    • Dr. Elizabeth Rider, Title IX Coordinator, High Library Room 208. Phone: 717.361.1333,       riderea@etown.edu.
    • Allison Bridgeman, Title IX Deputy, Residence Life Office. Phone: 717-361-1426,       bridgemana@etown.edu.
  • CONFIDENTIAL SUPPORT SERVICES: Counseling Services and the Chaplain’s Office offer the highest degree of confidentiality regarding sexual misconduct situations. Other offices will honor privacy, subject to required reporting or concern for the safety of the campus community.
    • Counseling: Students who experience any form of sexual misconduct may receive free and confidential counseling from a staff counselor in Student Wellness by calling 717.361.1405 and/or the Lancaster Sexual Assault Counseling & Prevention Center by calling 717.393.7273. College employees may contact the Human Resources office or the Title IX Coordinator, or reference the Employee Handbook for information regarding counseling options.
    • Chaplain:   The Chaplain and Assistant Chaplain are available to support students who       have experienced sex discrimination or sexual misconduct. Call 717.361.1260.
  • Accommodations: In cases of alleged sexual misconduct, the College will work with the complainant to provide reasonable accommodations during the investigation as necessary.
  • Assistance in Reporting: Campus Security can assist students in making reports to law enforcement if requested. Students can contact Campus Security at 717-361-1197 to speak with the Director of Campus Security for assistance.

Reporting Options and Filing a Complaint for Violation of this Policy

Students who wish to report a violation of this policy may contact:

  • Campus Safety 717.361.1263.
  • Dean of Students 717.361.1196
  • Director of Student Rights or Responsibilities 717.361.4742
  • College’s Title IX Coordinator 717.361.1333
  • College's Title IX Deputy 717.361.1426

Employees of the College may report a violation of this policy to their immediate supervisor or the Associate VP for Human Resources who will coordinate reporting efforts with the Title IX Coordinator.

Associate VP for Human Resources 717.361.1406

Confidentiality

If you would like to report an incident or speak to someone about something that happened and you desire that details of the incident be kept confidential, you should speak with a staff counselor in Student Wellness , the Chaplain or Assistant Chaplain , or off‐campus rape crisis resources, who will maintain confidentiality. Campus staff counselors are available to help you free of charge and can be seen on an emergency basis. In addition, you may speak on and off campus with clergy and chaplains, who will also keep reports made to them confidential.

All inquiries, complaints, and investigations are treated with discretion. Information is revealed as law and policy require or permit. However, the identity of the complainant is usually revealed to the respondent and any witnesses with consent of the complainant. Publicizing information about alleged discrimination, misconduct, harassment, or retaliation is strictly prohibited and may be considered a violation of College policy.

The Office of Student Rights & Responsibilities  shall maintain all information in a secure file pertaining to a student complaint or investigation.

Certain campus officials have a duty to report sexual misconduct for federal statistical reporting purposes. All personally identifiable information is kept private, but statistical information must be passed along to campus law enforcement regarding the type of incident and its general location (on or off‐campus, in the surrounding area, but no addresses are given), for publication in the annual Campus Security Report. This report helps to provide the community with a clear picture of the scope and nature of campus crime, to ensure greater community safety.

Mandated federal reporters (campus security authorities) include: Student Life staff, Campus Security, local police, coaches, Athletic Directors, Residence Life staff including Resident Assistants, Student Activities staff, Human Resources staff, faculty and staff advisors to student organizations and any other official with significant responsibility for student and campus activities.

Timely Warning Reporting Obligations

Survivors of sexual misconduct should also be aware that College administrators must issue timely warnings for incidents reported to them that pose a substantial threat of bodily harm or danger to members of the campus community. The College will withhold the name of the survivor and will make every effort to ensure that other identifying information is not disclosed, while still providing enough information for community members to make safety decisions in light of the danger.

Investigation and Resolution of Student Complaints

All incidents of sexual misconduct or retaliation should be reported to one of the college officials previously listed. The Office of Student Rights & Responsibilities will authorize a student conduct hearing as appropriate based on an investigation conducted by Campus Security and/or Human Resources. Investigations and resolution proceedings will be conducted by officials who receive annual training on issues related to sexual misconduct, domestic violence, dating violence, sexual assault, and stalking as well as how to conduct investigations and hearings that protect the safety of complainants and promote accountability.

Informal Resolution Procedures

Some complaints of sexual harassment may be resolved through informal mediation between the parties. The Director of Student Rights & Responsibilities and/or the Associate VP for Human Resources may arrange for or facilitate mediation between the involved parties and coordinate other informal problem resolution measures. All proceedings shall be prompt, fair, and impartial throughout the investigation and resolution. Once a report of sex
discrimination has be made, informal resolution procedures shall be pursued within 14 calendar days of the initial report.

Informal Resolution Procedures are optional and may be used when the College determines that it is appropriate. Informal procedures are never applied in cases involving violence or non-consensual sexual intercourse.

Once the informal resolution procedure is complete, written notification to both parties shall be given by the Director of Student Rights & Responsibilities (and the Associate VP for Human Resources, in those cases involving a student and employee).

The College shall take reasonable steps to prevent the recurrence of discrimination or sexual misconduct in any form. If the reoccurrence takes place, those responsible for such behavior may be subject to additional disciplinary action under the Student Conduct Process.

The College will take all necessary steps to remedy the discriminatory effects on the complainant(s) and others. Examples of such remedies may include: order of no contact, residence relocation, adjustment of schedule, etc.

If the reporting party is dissatisfied with the outcome of the informal resolution procedure, the formal resolution procedure may be pursued.

Formal Resolution Procedures

Once a complaint of sexual misconduct or sex discrimination has been made by a student, an investigation of the report shall be pursued within 7 calendar days of the initial report. If the alleged incident involves an employee, the Office of Human Resources will be involved in the investigation. The formal resolution procedure will be followed when the College determines it necessary. All proceedings shall be prompt, fair, and impartial throughout the investigation and resolution. To ensure a prompt and thorough investigation, the complainant should provide as much of the following information as possible:

  • The name, department, and position of the person or persons allegedly causing the sexual misconduct, discrimination, harassment, or retaliation;
  • A description of the incident(s), including the date(s), location(s), and the presence of any witnesses;
  • The alleged effect of the incident(s) on the complainant’s position, salary, benefits, promotional opportunities, or other terms or conditions of employment;
  • The names of other students or employees who might have been subject to the same or similar sexual misconduct, discrimination, harassment, or retaliation;
  • Any steps the complainant has taken to try to stop the discrimination, harassment, or retaliation.
  • Any other information the complainant believes to be relevant to the discrimination, harassment, or retaliation.

The investigation shall be concluded within 7 calendar days or within a reasonable amount of time required to complete the investigation

Students charged with violating this policy may be subject to an Interim Separation or other temporary adjustments to living arrangements, class schedule, etc. until the complaint is resolved. These actions are not a presumption of responsibility for violation of this Policy.

The investigation may include any of the following: interviews of the parties involved, including witnesses, and the gathering of other relevant information.

Generally, the formal process from complaint to decision will occur within 21-30 days, often earlier. If persons appeal, this will take additional time.

For reports involving only employees or third parties, a resolution shall be determined at the conclusion of the investigation, according to Employee Handbook policy.

For reports in which the complaint involves students, the complainant may initiate charges through the Student Conduct Process . As stated in the process, any member of the College community may initiate charges against a student. When a formal complaint is made, a student conduct hearing shall be scheduled within 10 calendar days of the conclusion of the investigation outlined above. The purpose of the student conduct hearing is to determine responsibility for any alleged violations.

Standard for Determining Responsibility

The standard used to determine accountability will be a preponderance of the evidence standard - whether it is more likely than not that the respondent has violated the Sex Discrimination – Sexual Misconduct Policy. All students found to have violated this policy will be disciplined up to and including expulsion from the College.

The Rights of Complainant and the Respondent

The Complainant and Respondent have the right to a timely process and resolution. Generally, the formal process from complaint to decision will occur within 21-30 days, often earlier. If persons appeal, this will take additional time.

At the conclusion of the hearing process, the College will provide written notification to the complainant and the respondent involved of the outcome and resolution of the hearing within 3 academic calendar days.

Once written notification of the resolution has been received, the parties involved will have the opportunity to appeal the findings. The letter of appeal should be submitted according to the standard appeal process .

Notification of Outcomes

The outcome of a campus hearing is part of the education record of the accused student, and is protected from release under a federal law, FERPA. However, the College observes the legal exceptions as follows:

  • Complainants in non‐consensual sexual contact/intercourse, sexual exploitation, sexual harassment, stalking, and relationship violence incidents have a right to be informed of interim actions, the outcome and sanctions of the hearing, in writing, without condition or limitation.
  • Notifications will be made to both the Complainant and Respondent at the same time.
  • Students who bring any sort of sexual misconduct complaint against faculty or staff may be informed of the outcome and sanction.
  • The College may release publicly the name, nature of the violation and the sanction for any student who is found in violation of a College policy that is a “crime of violence,” including: arson, burglary, robbery, criminal homicide, sex offenses, assault,      destruction/damage/vandalism of property and kidnapping/abduction. The College will release this information to the complainant in any of these offenses regardless of the outcome.     

Alternative Testimony Options

For sexual misconduct complaints, alternative options for testimony by the complainant will be offered, such as placing a privacy screen in the hearing room, or allowing the alleged victim to testify from another room. While these options are intended to help make the complainant more comfortable, they are not intended to work to the disadvantage of the respondent.

Past Sexual History/Character

The past sexual history or sexual character of a party will not be admissible by the other party in hearings unless such information is determined to be highly relevant by the Conduct Administrator. The Dean of Students or Conduct Administrator may supply previous complaint information to the conduct board, or may consider it him/herself if s/he is hearing the complaint, if:

  • The accused was previously found to be responsible;
  • The previous incident was substantially similar to the present allegation;
  • Information indicates a pattern of behavior and substantial conformity with that pattern by the respondent.

Consequences

The College reserves the right to take whatever measures it deems necessary in response to an allegation of sex discrimination or sexual misconduct in order to protect students’ rights and personal safety. Such measures include, but are not limited to, modification of living arrangements, interim separation from campus pending a hearing, and reporting to the local police.

Not all forms of sexual misconduct will be deemed to be equally serious offenses, and the College reserves the right to impose differing sanctions, ranging from a formal warning to expulsion, depending on the severity of the offense.

The College will consider the concerns and rights of both the complainant and the respondent.

Students charged with violating this policy may be subject to an Interim Separation or other temporary adjustments to living arrangements, class schedule, etc. until the complaint is resolved. These actions are not a presumption of responsibility for violation of the Policy.

Any member of the College community found responsible for a violation of the Sex Discrimination – Sexual Misconduct Policy will be subject to disciplinary action, up to and including termination of employment if they are an employee and/or expulsion if they are a student. Specific disciplinary procedures may be found in the applicable handbook.

Even if criminal justice authorities do not prosecute Elizabethtown College members, the College can pursue disciplinary action.

In cases when students face criminal charges or are the subject of a criminal investigation, the College’s student conduct procedure may be initiated at any time during such investigation or criminal proceedings.

Any member of the College community found to be harassing or intimidating others who have filed sex offense complaints face additional, serious disciplinary consequences.

Time Limit for Filing a Complaint

In order to pursue redress through Elizabethtown College’s procedures, an aggrieved student should meet with the Conduct Administrator or the Dean of Students as soon as possible after the alleged act of discrimination, harassment or retaliation to discuss the complaint; while there is no time limit for students to make a report, the student should be aware that delays in reporting may impact the investigation and resolution of the complaint.

The College as Complainant

The College reserves the right to initiate a complaint, to serve as complainant, and to investigate allegations of prohibited conduct in appropriate circumstances even in the absence of a complaint from a member of the college community. Results of any investigation involving prohibited conduct will be documented and coordinated through the Office of Student Rights and Responsibilities.

False Reports

The College will not tolerate intentional false reporting of incidents. It is a violation of the Student Code of Conduct to make an intentionally false report of any policy violation, and it may also violate state criminal statutes and civil defamation laws. Students who submit falsified complaints are subject to disciplinary action and sanctioning.

Immunity

Elizabethtown College encourages the reporting of sexual assault. Sometimes, students are hesitant to report to College officials because they fear that they themselves may be charged with policy violations, such as underage drinking at the time of the incident. To encourage reporting, we offer immunity from policy violations related to the sexual assault.

Parental Notification

The College reserves the right to notify parents/guardians regarding any health or safety emergency. The College also reserves the right to designate which officials have a need to know about individual conduct complaints pursuant to the Family Educational Rights and Privacy Act.

Educational Programming

Elizabethtown College recognizes sex discrimination and sexual misconduct as important issues and offers educational programming and awareness campaigns to various groups such as: campus personnel (Student Life, Campus Security, coaches, faculty advisors); incoming students participating in Orientation; Resident Assistants and other student leaders.

Educational programming and awareness campaigns may address matters such as: a definition of what constitutes sexual misconduct and discrimination (including domestic violence, dating violence, and stalking), the causes of sexual discrimination, myths involved with sex discrimination, the relationship between sex discrimination and alcohol use, what to do if assaulted, the nature of a rape examination, an explanation of the College sexual discrimination policy, how to file charges within the College discipline system and/or with the local police department, men’s issues and sexual assault, and campus community resources to assist both the complainant and the respondent.

Registered Sex Offender Information

The Campus Sex Crimes Prevention Act (CSCPA) of 2000 is a Federal law that provides for the tracking of convicted sex offenders enrolled or employed at institutions of higher education.  The Federal law requires state law enforcements agencies to provide Elizabethtown College with a list of registered sex offenders who have indicated that they are either enrolled, employed, or carrying on a vocation at Elizabethtown College.  The names of any of these registered offenders will be maintained and available at the Office of Campus Security.  The CSCPA further amends the Family Educational Rights and Privacy Act of 1974 (FERPA) to clarify that nothing in the act can prohibit an educational institution from disclosing information provided to the institution concerning registered sex offenders.

In addition, a list of all registered sex offenders in Pennsylvania is available from the Pennsylvania State Police at http://www.pameganslaw.state.pa.us/ .

 


 


 

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About Elizabethtown College

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