Office of Equity and Inclusion: Policies

    Nondiscrimination and Complaint Procedures Policy

    Policy Statement

    Marywood University (the “University”) “honors the uniqueness and dignity of each human person” (Core Values of Marywood University, Respect). The University declares and affirms a policy of equal educational and employment opportunity and nondiscrimination in its educational programs and all other activities that it operates both on and off University property. Marywood is committed to maintaining a comfortable, healthy and safe learning, living and working environment for all members of the Marywood community. Marywood University does not condone and will not tolerate discrimination, harassment, or assault regardless of whether the action is based on race, sex (including sexual harassment, sexual violence and pregnancy), color, gender identification, sexual orientation, national or ethnic origin, age, creed, ancestry, religion, disability, marital status, military/veteran status, use of a guide or support animal, or any other characteristic protected by applicable federal, state, or local law.

    Marywood University does not discriminate on the basis of sex in its educational programs and in other activities operated by the University and is required by Title IX, and specifically 34 C.F.R. Part 106.9, not to discriminate in such a manner. This extends to employees of and applicants for admission to Marywood University. Inquiries concerning the application of Title IX may be directed to the Title IX Coordinator or a Deputy Title IX Coordinator for the University, or to the Assistant Secretary for the Office of Civil Rights of the Department of Education, Philadelphia, PA (see below for contact information).

    Any individual who believes they have been subject to discrimination on the basis of sex is encouraged to file a complaint consistent with the Marywood University Title IX Sexual Harassment and Community Standards Sexual Misconduct Policy. The full version of the Policy can be found here.

    Marywood University is committed to taking all necessary steps to comply with any responsibilities/duties it may have under Section 504 of the Rehabilitation Act, the Americans with Disabilities Act, Title IX of the Civil Rights Act of 1964, as amended, Title VII of the Civil Rights Act of 1964, as amended, and the Campus SaVE Act of 2013. These are explicit civil and legal applications of the formulation of beliefs already cherished in Marywood’s religious commitment, objectives, and practices.

    Marywood University will make reasonable accommodations to known physical or mental limitations of otherwise qualified individuals with disabilities unless doing so would impose an undue hardship on the University. Any person who believes they may require such accommodation should contact the Director of Student Disability Services (for students) or the Director of Human Resources (for employees).

    Marywood University’s Nondiscrimination and Complaint Procedures Policy applies to all faculty, staff, administration, employees, students, volunteers and visitors on campus property. Additionally, the Policy applies to the conduct of all faculty, staff, administration, employees, students, volunteers and visitors at off-campus University-sponsored events, including, but not limited to, academic and educational programming, internships, study abroad programs, athletic events, and all other University programming, off-campus satellite branches, as well as to the conduct of all faculty, staff, administration, employees, students, volunteers and visitors occurring off-campus but having an effect on the University’s educational environment.

    Marywood will process all complaints reported under this Policy regardless of where the conduct occurred to determine whether the conduct occurred in the context of its educational program or has continuing effects on campus or in an off-campus program or activity.

    Anyone believing they have been the victim of, or a witness to, or otherwise has reason to believe or become aware of conduct that may be in violation of this Policy by, or involving, any member of the University community, guests, or visitors on University property, any property controlled by the University, including off-campus University sponsored events, or off-campus should report the incident as soon as to the Director of Human Resources or the  Director of Institutional Equity and Inclusion/Title IX Coordinator.

    Marywood University will take the necessary steps to stop any and all misconduct, prevent its recurrence, and correct its discriminatory effects on the complainant and other relevant individuals.


    Contact Information

    Individuals reporting an incident under this Policy should contact one of the individuals below:

    Dr. Yerodin Lucas, Interim Director of Institutional Equity & Inclusion/Title IX Coordinator
    ylucas@marywood.edu
    570-340-6042
    Liberal Arts Center, Room 218


    Molly Baron, Director of Human Resources
    Deputy Title IX Coordinator - Human Resources
    mbaron@marywood.edu
    570-340-6053
    Liberal Arts Center, Room 86

    Anonymous Reporting 

    Anyone wishing to make an anonymous report may call the University’s Whistleblower Hotline at 855-278-2074 and/or use the Internet-based reporting system at http://marywood.ethicspoint.com. See the University Whistleblower Policy for more details.

     

    Individuals may also direct inquiries or file complaints with:

    Assistant Secretary for Civil Rights
    U.S. Department of Education
    Office for Civil Rights
    400 Maryland Avenue, SW
    Washington, D.C.  20202-1100

    Telephone: 800-421-3481

    Email: OCR@ed.gov

     

    Responsible Employees and Confidential Reports

    The University encourages the reporting of incidents that may be in violation of this Policy. Furthermore, all employees of Marywood University have a duty to report all incidents that may be in violation of this Policy. The University understands many people who are the recipient of conduct that may be in violation of this Policy may wish to keep the incident confidential. As such, it is important that complainants, and potential complainants, be aware of confidentiality and mandatory reporting requirements in order to make an informed decision regarding reporting the incident.

    Complainants who wish to make a report but do not want the University to take any action are encouraged to consult with a professional counselor, medical professional, or ordained member of the clergy. In general, this includes the following individuals on the Marywood campus: licensed counselors in the Counseling/Student Development Center (acting in that capacity); and licensed counselors in the Psychological Services Center (acting in that capacity); University Chaplain (acting in that capacity).

    Professional staff in the Student Health Services Center have a duty to report incidents in violation of this Policy, but may withhold personally identifiable information of the individual(s) upon request.

    As stated above, all Marywood University employees have a duty to report to the Director of Institutional Equity and Inclusion/Title IX Coordinator and/or Human Resources any information that they receive relating to incidents that may be in violation of this Policy. Therefore, if a complainant does not want the University to take any action, the complainant should consider reporting to one of the confidential resources listed above, as opposed to another employee of the University.

    University faculty, staff, and administrators who know, or in the exercise of reasonable care should have known, of conduct that may be in violation of this Policy and who fail to appropriately handle the report of the incident may be subject to disciplinary action.

    Marywood University will fully investigate every report. The University will not allow any form of retaliation against individuals who report an incident or who cooperate in the investigation of such reports in accordance with this Policy. Individuals who knowingly make false reports may be subject to sanctions depending on the facts and circumstances of the particular incident.

    Cases involving alleged conduct that may violate this Policy demand special attention to issues of privacy. Dissemination of information relating to these cases is limited so as to ensure, as fully as possible, the privacy of the individuals involved, in accordance with applicable law.

    Additionally, if the complainant wishes to remain anonymous, does not wish for an investigation to take place, or does not wish to pursue a formal complaint, the complainant may make such a request to the Director of Institutional Equity and Inclusion/Title IX Coordinator or Director of Human Resources. However, the complainant should be advised that the University’s response may be limited, including pursuing discipline. Furthermore, because of the University’s obligation to maintain a safe environment for all members of the University community, the University may not be able to fully honor a complainant’s request and may have an obligation to pursue an investigation without the complainant’s cooperation. When evaluating a request, the Director of Institutional Equity and Inclusion/Title IX Coordinator or Director of Human Resources will examine certain factors, including whether violence, weapons or alcohol were involved; one of the parties is a minor; there is a pattern; or a continuing threat to the community exists.

    In all cases, the University will take preventative measures to preserve confidentiality and privacy to the extent permissible by applicable law.

     

    Supportive Accommodations

    Complainants have the right to review options and available assistance for supportive changes to academic, living, transportation, and working conditions. If the complainant requests such an accommodation, and the accommodation is reasonably available, the University will take prompt action to implement the requested accommodation. The University will endeavor to not inconvenience the complainant in taking supportive measures.

    Examples of supportive accommodations include, but are not limited to, no contact orders, changes in academic or living situations as appropriate with minimum burden on the complainant, counseling, escort services, academic support, as well as the option to retake a course or withdraw from a course without penalty.

     

    External Resources

    Marywood University encourages complainants to pursue criminal charges against the person(s) believed to have committed the act in violation of this Policy. The University has personnel on staff who can explain criminal complaint procedures and assist complainants in beginning the process of filing a criminal complaint. Additionally, if necessary, University administrators will notify the appropriate law enforcement officials in accordance with any obligations under federal, state, and local laws. Police investigation and legal prosecution are conducted outside of and in addition to University procedures. Criminal charges and a disciplinary charge may be pursued at the same time. However, the complainant need not pursue criminal charges in order to file a complaint with the University. Should the complainant elect to proceed with both, however, the University will comply with and help to enforce any applicable judicial no-contact, restraining, and protective order.

    Marywood will cooperate with law enforcement agencies to the best of its ability. During the investigation process, the University will implement supportive measures and provide timely (approximately every ten (10) calendar days) updates to the parties on the status of the investigation. 

    Complainants are encouraged to seek assistance both on-and off-campus, as needed, to address issues stemming from the incident. A list of services both on-and off-campus is included below.

    Definitions

    Harassment

    Harassment based on one’s race, sex (including sexual harassment, sexual violence and pregnancy), color, gender identification, sexual orientation, national or ethnic origin, age, creed, ancestry, religion, disability, marital status, military/veteran status, use of a guide or support animal, or any other characteristic protected by applicable federal, state, or local law is also in violation of this policy and should be reported immediately. Examples of harassment include verbal (including improper joking or teasing) or physical conduct that denigrates or shows hostility or aversion towards an individual because of any protected characteristic, and that: (1) has the purpose or effect of creating an intimidating, hostile, or offensive environment as defined by law; or (2) has the purpose or effect of unreasonably interfering with an individual’s work or educational performance; or (3) otherwise adversely affects an individual’s employment or educational opportunities. Such conduct includes, but is not limited to, slurs, epithets, threats, derogatory comments, unwelcome jokes, teasing, and similar conduct whether written, verbal or physical.

    Procedures

    Complaint Procedures

    Individuals are encouraged to file complaints with the Director of Institutional Equity and Inclusion/Title IX Coordinator or Director of Human Resources. Once a report of an incident is made to the Director of Institutional Equity and Inclusion/Title IX Coordinator or Director of Human Resources by a witness to an incident or an individual comes forward to report an incident, the Director of Institutional Equity and Inclusion/Title IX Coordinator or Director of Human Resources will meet with the complainant to discuss the importance of preserving evidence, the right to file a criminal complaint, supportive accommodations, and the right to file a complaint with the University.

    If the complainant chooses to file a complaint with the University, the individual may proceed formally or informally. The Director of Institutional Equity and Inclusion/Title IX Coordinator or Director of Human Resources will acknowledge receipt of the complaint to the complainant and simultaneously notify the respondent of the complaint, in writing. Both notices will include the specific alleged offenses, the name of the investigator (if assigned) to the complaint, and a copy of the Policy (or link). Generally, the University will notify the respondent of the name of the complainant.

    Although neither party can be required to participate in the process, all parties are encouraged to participate to ensure an accurate and objective process and outcome. If a respondent chooses not to participate, the University will proceed with the investigation process without the respondent’s participation.

    In situations when the complainant elects to proceed informally, in which case the parties do not proceed through the University’s formal resolution process, the Director of Equity and Inclusion/Title IX Coordinator or Director of Human Resources will determine the necessary steps to take to resolve the issue. The parties may elect to resolve the matter through mediation unless the situation involves sexual assault and/or sexual violence. Should the complainant elect to proceed informally, they may elect to stop the informal process at any time and proceed through the formal process.

    If the complainant decides to proceed formally, either initially or after opting out of the informal process, the complainant should submit within ten (10) calendar days a formal complaint, preferably in writing, to the Director of Institutional Equity and Inclusion/Title IX Coordinator or Director of Human Resources who originally fielded the complaint. The complaint must include detailed factual information concerning the incident(s) and should include what the complainant feels will correct the situation. The Director of Institutional Equity and Inclusion/Title IX Coordinator or Director of Human Resources will appoint an investigator from a pool of trained faculty, administrators or professional staff. All Marywood investigators are trained on the handling of complaints relating to this Policy and applicable confidentiality requirements.

    Marywood is committed to ensuring that real or perceived conflicts of interest by those handling the investigation are eliminated. For example, co-workers in the same department, advisors to students, and club advisors will not be used in investigations involving their areas. Individuals who believe that bias or a conflict of interest has occurred should contact the Director of Institutional Equity and Inclusion/Title IX Coordinator or Director of Human Resources, who will address the concern.

    The Director of Institutional Equity and Inclusion/Title IX Coordinator and Director of Human Resources will decide the appropriate course of action in cases where a conflict of interest is evident or possible.

    Within five (5) calendar days after receipt of a formal complaint, the investigator will commence a thorough investigation. Investigations will be conducted as expeditiously as possible. The entire process, as outlined below, should be completed within sixty (60) calendar days after the complaint, either formal or informal, is filed. This timeframe may vary, however, depending on confidentiality requests, availability of witnesses, the scope of the investigation, and any unforeseen circumstances.

    Generally, within ten (10) calendar days after the initiation of the investigation, and every ten (10) calendar days thereafter until receipt of the final outcome, the investigator must provide, simultaneously, a written updates and the proceedings to date to both the complainant and the respondent.

    The investigation will include, where possible, interviews with the complainant, the respondent, and witnesses identified by either party or during the course of the investigation. The investigator will send a copy of the interview notes to each interviewee with a request to review for accuracy and confirm in writing. The investigation will also include the examination of documentation, both submitted by the parties and uncovered during the course of the investigation. Both parties are encouraged to present potential witnesses and relevant documentation.

    Requests to review documentation should be addressed to the Director of Institutional Equity and Inclusion/Title IX Coordinator or Director of Human Resources. Individuals may request to review documents included within the investigatory file. Due to privacy issues, some of the documentation may be redacted prior to the request being honored.

    Also during the course of the investigation, the prior conduct of the complainant and the accused may be reviewed, but the prior relationships of the complainant with anyone other than the respondent may not be relevant and, therefore, generally will not be reviewed.

    Should the investigation include meetings with the complainant and/or the respondent, the complainant and the respondent are permitted to be accompanied by an advisor of their choice. Advisors may attend proceedings with their advisee, but may only speak to their advisee. Advisors may not interrupt or otherwise disrupt proceedings. All communication throughout the entire investigatory process will be directed to the advisee.

    The University cannot guarantee equal advisors. The University has counselors and other employees who may be able to assist in the proceedings, and upon request, the University will provide such assistance to either party. The University is not responsible for paying any attorney or other outside advisor.

    Both parties are allowed to discuss and share information relating to their complaint with others that may support or assist them in presenting their case. It is expected that advisors will keep all information shared private.

    Upon conclusion of the investigation, the investigator will provide a written document that includes the facts uncovered during the investigation and all witness statements (with redactions as noted above) to the Director of Institutional Equity and Inclusion/Title IX Coordinator or Director of Human Resources. The Director of Institutional Equity and Inclusion/Title IX Coordinator or Director of Human Resources will provide, simultaneously, a copy of the investigator’s report to both the complainant and the respondent. The complainant and respondent will have five (5) calendar days to review and provide feedback to address any perceived inaccuracies in the report.

    The investigator will provide, separately, an addendum to the investigator’s report that will include their findings, based on a preponderance of the evidence, along with recommendations to the Director of Institutional Equity and Inclusion/Title IX Coordinator or Director of Human Resources.

    If the respondent admits to the charges, or in instances where it is obviously clear that no violation of the Policy occurred, the investigator and the Director of Institutional Equity and Inclusion/Title IX Coordinator or Director of Human Resources will determine sanctions and other recommendations, and conclude the investigation.

    In all other cases, the Director of Institutional Equity and Inclusion/Title IX Coordinator or Director of Human Resources will then appoint a review panel composed ideally of three (3) members, at a minimum two (2) members, from the pool of trained panelists.

    The review panel will meet with the investigator, who will present their findings to the review panel in person. The review panel may interview witnesses, including the complainant and/or respondent, or alternately may direct the initial investigator to interview additional persons. Both the complainant and the respondent may submit questions to the review panel for the review panel to ask of the other side.

    The review panel will determine, based on a preponderance of the evidence, whether the respondent violated the Policy. The review panel will then provide conclusions and disciplinary recommendations to the Director of Institutional Equity and Inclusion/Title IX Coordinator or Director of Human Resources. After a decision is made concerning resolution of the complaint and any disciplinary actions to be imposed, the Director of Institutional Equity and Inclusion/Title IX Coordinator or Director of Human Resources will notify simultaneously the complainant and the respondent in writing of the outcome of the investigation. Such notification will include the allegations, findings based on a preponderance of the evidence, rationale, and sanctions in accordance with policy and applicable laws. The Director of Institutional Equity and Inclusion/Title IX Coordinator or Director of Human Resources will notify any other parties of any recommendations assigned to them.

     

    Sanctions

    If the respondent is found responsible for violating this Policy, action will be taken to eliminate the discriminatory or harassing conduct, including, but not limited to, extending the supportive actions, as well as issuing a warning, no contact order, suspension, transfer, discharge, or dismissal of the offender or anyone making a knowingly false complaint. The University reserves the right to modify sanctions depending on the facts and circumstances of the particular incident.

     

    Appeal

    Either party, if not satisfied with the final decision of the hearing panel and the Director of Institutional Equity and Inclusion/Title IX Coordinator or Director of Human Resources will have ten (10) calendar days after receipt of the outcome to file an appeal for one of the following reasons:

    1. The presentation of new evidence;
    2. Allegation that relevant evidence was not considered;
    3. Allegation of procedural error;
    4. Disproportionate sanctions.

    Appeals must be in writing and submitted to the Director of Institutional Equity and Inclusion/Title IX Coordinator or Director of Human Resources, who will determine, within three (3) calendar days, whether the appeal has merit based on one of the above-stated reasons. The Director of Institutional Equity and Inclusion/Title IX Coordinator or Director of Human Resources will then forward the written appeal to the President of the University. Within five (5) calendar days the President will direct the appeal to the appropriate University body, described below. The appeals committee will have thirty (30) calendar days to review and make a recommendation to the President of the University. The appeals committee may review the initial investigation as well as independently investigate the claim. Within ten (10) calendar days after receipt of the recommendation from the appeals committee the President of the University will provide a written response to both parties in the original complaint. The decision of the President of the University is final and binding.

     

    Claims Against Employees

    For claims against Faculty Members including Librarians, Administrators, Professional Staff, and Support Staff, the President of the University will appoint and convene a committee of five (5) employees composed of professional staff, administrators and/or faculty who are independent of the claim.

     

    Claims against Students

    For claims against students, the President of the University will refer the appeal to the Vice President for Enrollment Services and Student Success who will convene an Appeal Board. The Appeal Board will review the complaint and make a recommendation to the Vice President for Enrollment Services and Student Success who will notify the President of the recommendation.

     

    Retaliation

    Retaliation of any kind is prohibited. Anyone who reports an actual or suspected incident, or who participates in an investigation of an incident under this Policy, will not be subjected to retaliation. Any student complainant or student witness who believes they have been subjected to retaliation, should contact the Director of Institutional Equity and Inclusion/Title IX Coordinator or Dean of Students. Any employee complainant or employee witness who believes they have been subjected to retaliation should contact the Director of Human Resources. Anyone found to be in violation of this retaliation provision may be subject to disciplinary action.

     

    Resources

    A list of Marywood University and community resources is available at the Office of Institutional Equity and Inclusion, Human Resources Office,  Dean of Students’ Office, the Student Health Services Office, the Office of Disabilities Services, and the Counseling and Student Development Center.

    Students are encouraged to use the services of the Counseling and Student Development Center, the Student Health Services Office, and the Office of Disabilities Services on campus. Employees are encouraged to contact the University’s Employee Assistance Program (EAP) or the Director of Human Resources for a list of providers.

    History

    11/10/20 – Approved by the President of the University as recommended by the Policy Committee of the University at the October 30, 2020, meeting.

    Student/Institutional Relationship

    Through enrollment at Marywood University, students accept the responsibility to meet all academic requirements and to act in accordance with the University’s mission, core values and policies. The University accepts a corresponding responsibility to make decisions that promote the community’s well-being and provide appropriate process to its members. All members of the community are encouraged to report and/or respond to potential policy violations.

    Philosophy of Conduct

    A vital part of a college education for students is the opportunity to develop and strengthen values and attitudes that guide responsible behavior in all areas of life. The conduct program challenges and supports students to learn about the consequences of their actions and to enhance their growth and development as mature adults.

    The Joint Statement on Rights and Freedoms of Students is the reference document for the establishment of the conduct program (“Program”). To that end, the program strives to provide a fundamentally fair process in which behavior that infringes on others’ rights, the common good and/or the University’s rights as a corporate entity is addressed. The conduct process values community rights over those of the individual and promotes an educational atmosphere for students to learn and behave within the context of a University guided by a distinct mission and values.

    Through involvement in the conduct program, students will have the opportunity to learn to appropriately self-advocate, reflect on their choice of behaviors and live responsibly in a diverse and interdependent community.

    General Provisions

    The Dean of Students is authorized to define and interpret the conduct policies and to manage the conduct program. Academic policy violations normally are adjudicated by an academic dean or designee. All correspondence with students related to the conduct program is through University email, which students are responsible for checking regularly. The standard of evidence in the conduct program is that of a preponderance of evidence, more than 50% certainty that the student is or is not responsible.

    The conduct process is separate from and independent of the system of criminal and civil law, regulations and ordinances. The University will cooperate appropriately with civil authorities in the enforcement of the law.  The University may bring conduct charges concurrent with civil and criminal charges.  If a student faces concurrent charges, the Dean of Students may decide that the University should postpone its conduct hearing until law enforcement has completed the fact finding phase. Additionally, students may, and are encouraged to, file complaints with local law enforcement officials at any time consistent with federal, state and local law.

    Rules and Regulations

    The conduct process usually is limited to behavior that negatively affects the pursuit of educational objectives and support of the University’s core values. No specific policy statement can apply to every situation, and the following are examples of behavior that are subject to the conduct process:

    1. Dishonesty: All forms of dishonesty including lying, cheating, plagiarism, providing false or misleading information, forgery, alteration, or fraudulent use of documents or identification. (See also Academic Honesty Policy)
    2. Disruptive Conduct: Disruption or obstruction of University activities or operations.
    3. Abuse: Harassment, stalking, bullying, physical harm, risk of physical harm, verbal abuse, hazing or similar actions of intimidation or coercion. (See also Title IX Sexual Harassment and Community Standards Sexual Misconduct Policy and Procedures and Hazing policies)
    4. Endangering Conduct: Any self-inflicted action or inaction that poses a danger to a student’s, or others, health, safety, or welfare or that inhibits the student’s, or others, success at the University (see also the “Off-Campus Behavior” section below).
    5. Weapons: Illegal or unauthorized possession of firearms, other weapons or dangerous chemicals or use of any such item, even if legally possessed, in a manner that harms, threatens or causes fear to others. (See also Deadly Weapons and Fireworks Policy)
    6. Fireworks and Explosives: Unauthorized use, possession or storage of fireworks, explosives or hazardous materials on University property. (See also Deadly Weapons and Fireworks Policy)
    7. Theft: Unauthorized possession or use of University property or the property of another.
    8. Damage/Vandalism: Damaging, making unusable or vandalizing University property or the property of another.
    9. Failure to Comply: Failure to comply with the direction of University officials in the performance of their duties.
    1. Unauthorized Entry: Entry into any University building, office or other facility (roof, ledge, window, stairwell, closet, etc.), room or container (file cabinet, desk drawer, computer etc.) without proper authorization. Remaining without authorization in any building after the building is locked for the evening.  (Also see Safety Procedures and Campus Safety)
    2. Alcohol: Regardless of the person’s age, the possession, use or distribution of alcoholic beverages, being in the presence of such violation (constructive possession), possession of empty alcohol containers or being intoxicated on campus. (See also Alcohol & Controlled Substances Policy and Medical Amnesty Policy)
    3. Drugs: Possession, use, manufacture, solicitation or distribution of illegal or controlled substances except as expressly permitted by law; being in the presence of such violation; possessing paraphernalia to assist in the possession, use, manufacture, solicitation or distribution of such substances; or use, solicitation, or distribution of non-controlled substances for intoxicating purposes or effects. (See also Alcohol & Controlled Substances Policy)
    4. Indecent Conduct: Indecent, profane or obscene conduct.
    5. Failure to Act: In the presence of a violation, failure to intervene/confront, notify University staff or leave the area.
    6. Failure to Respect Each Person: Demonstrated lack of civility in resolving disputes and disagreements.
    7. University Regulations: Violation of any published University regulations, protocols, policies, guidelines, and/or mandates including health and safety guidelines regarding the use of face coverings and physical distancing, contained within the Marywood University "Ready, Set, Fall 2021!" plan. All who are within University housing buildings are responsible for Housing and Residence Life policies.
    8. Laws: Violations of any federal, state or local laws.

    Medical Amnesty

    This policy assures the community that when a student’s health and safety are in danger due to intoxication, alcohol poisoning or other drug-related emergencies, students who seek help for themselves or others will not be subject to conduct action for a violation of the University Alcohol and/or Other Drug regulations. In such cases, student(s) will be required to meet with the Dean of Students or designee shortly thereafter to address the issues that caused the risk to the student’s well-being. To assist students in learning from the experience, the student(s) may be required to complete an alcohol/other drug assessment and/or to participate in counseling. a repeated pattern of similar incidents or failure to cooperate with the Dean of Students will be responded to on an individual basis and could result in conduct action. If additional or egregious policy violations occur during the same incident, the Dean of Students reserves the right to adjudicate the non-alcohol related violations.

    Off-Campus Behavior

    Enrollment at Marywood University is a voluntary decision, which includes a student’s acceptance of the responsibility to meet academic requirements and to behave consistently with the University’s policies, purposes and objectives at all times, on campus, off campus and by electronic means including online, social media, etc.  The University reserves the right to alert civil authorities to problems on or off campus.

    Students as Neighbors: Most students who live in the local community make positive contributions, but all must understand the behavior expected of them as residents of these communities. Students should demonstrate respect and concern for all members of both communities and behave as responsible citizens. This behavior includes compliance with public health orders and/or decisions issued by, among others, the Centers for Disease Control and Prevention (CDC), the Governor of the Commonwealth of Pennsylvania, the Pennsylvania Department of Health, the Mayor of the City of Scranton, the Scranton City Council, the Mayor of the Borough of Dunmore and/or the Dunmore Borough Council.  Students should understand that conduct investigation and charges will be initiated when the University’s interest, reputation and/or capacity to function as an academic community is involved.  Gatherings at off-campus residences that do not adhere to public health orders related to social distancing, the wearing of face masks, and gathering size restrictions violate the ‘Endangering Conduct’ policy, run counter to the University’s interest, reputation and/or capacity to function as an academic community, and are an example of an off-campus behavior resulting in conduct investigation and charges.

    Conduct Procedures

    Conduct Procedures

    Conduct cases will be handled in accordance with the University conduct policy of appropriate process. If any member of the University community believes s/he has been the victim of or a witness to, or otherwise has reason to believe or become aware of, a violation of University policies by a student or student organization, s/he may file an incident report against that student(s) or student organization as soon as possible with Dean of Students  or the Chief of Campus Safety. In cases where a student organization is charged, the organization will be represented by two members, preferably the president and vice president, and will follow Marywood’s student conduct procedures.  For incidents of a sexual nature, please see the University’s Sexual Misconduct Policy.

    1. To submit an incident report, provide the following in writing:
    2. Date of the incident,
    3. Name of the student (s) involved,
    4. A statement of the circumstances,
    5. Names/contact information for witnesses,
    6. Victim’s impact statement/wishes for resolution/sanction.
    7. After receipt of a written complaint, the Dean of Students or designee will appoint a staff member to conduct an investigation of the charges and conduct a Preliminary Hearing. The Preliminary Hearing Officer will investigate the charges and may consult with all parties to determine if adjudication is warranted.
    8. The respondent will receive a notice by email of the charges and be notified to report for a Preliminary Hearing.  Preliminary Hearings may be conducted in-person or virtually at the discretion of the Preliminary Hearing Officer.  Attendees at the Preliminary Hearing include the respondent and the Preliminary Hearing Officer only. Requests for additional attendees as a reasonable accommodation for a documented disability or requests for any other reasonable accommodations throughout the hearing process because of a disability will be considered on an individual basis. The Dean of Students and the Office of Disability Services will partner with the student to explore possible accommodations. In the case of an alleged violation of the Endangering Conduct policy, a Counseling Center staff member may also be present. At the Preliminary Hearing, the charges and the conduct procedures will be explained and discussed. During the Preliminary Hearing, and at any stage of the investigation or adjudication of conduct charges, a respondent may refuse to answer any question(s) without the decision being held against him/her. If a student fails to meet with the Preliminary Hearing Officer, the Preliminary Hearing may take place in his/her absence and a decision may be made based on information available at the time.
    9. Should the Preliminary Hearing Officer determine further investigation is not justified based on a preponderance of the evidence, he/she will find the student not responsible or will assign another form of resolution.
    10. Should the Preliminary Hearing Officer determine the respondent is responsible, or the respondent admits responsibility, the Preliminary Hearing Officer may take conduct action up to and including Probation. When circumstances warrant Suspension or Dismissal, these actions are recommended to the Dean of Students.
    11. After the conclusion of the Preliminary Hearing, a respondent may request further adjudication only when she/he disagrees with the finding of responsible. When the respondent requests further adjudication or the Preliminary Hearing Officer determines that further investigation and conduct consideration are warranted, the following steps are initiated:
      1. He/she must request a Formal Hearing in a letter to the Dean of Students within three (3) business days after the Preliminary Hearing determination and any sanction has been communicated. The letter should indicate the preferred means of further adjudication through either the Conduct Board or an Administrative Hearing and the reason for requesting a Formal Hearing.
      2. If the Preliminary Hearing Officer determines that further consideration is warranted, he/she will inform the Dean of Students who will begin arrangements to convene the Formal Hearing with the Conduct Board or an Administrative Hearing Officer.
      3. A copy of the written charges is then forwarded to the Conduct Board or Administrative Hearing Officer.
      4. The Dean of Students or designee notifies the Conduct Board or the Administrative Hearing Officer, and the respondent of the date, time, and location of the hearing.  Formal Hearings may be conducted in-person or virtually at the discretion of the Dean of Students
      5. The student will have no less than five (5) business days to prepare for the Formal Hearing. Typically, a Formal Hearing will be completed within 30 business days of receipt of the written request. Factors that may lengthen the time frame include time of year (i.e. semester breaks) and extenuating circumstances of any of the parties involved.
      6. Should the Conduct Board be inoperative, the Dean of Students or designee reserves the right to adjudicate the case.
    1. To request that the sanction imposed during a Preliminary Hearing be reconsidered, the respondent must send a letter to the Dean of Students within three (3) business days after the Preliminary Hearing sanction has been communicated. The letter should indicate:
      1. The policy that was violated and the sanction that was assigned;
      2. The reason(s) why the student believes the sanction should be revised;
      3. What sanction the student believes should be imposed and what the student will learn from the sanction;
      4. A statement of how the student’s conduct history, if any, relates to the sanction; and,
      5. What the student learned during the process.
    1. The outcome of the case is considered to be part of a student’s educational record and disclosure of information must follow FERPA guidelines.

     

    Administrative Hearing Officers

    The Dean of Students or his/her designee will be the Administrative Hearing Officer unless he/she served as the Preliminary Hearing Officer or circumstances clearly suggest it would be in the student’s best interest for another person to act as the Administrative Hearing Officer. With the student’s approval, the Preliminary Hearing Officer may be appointed as the Administrative Hearing Officer. Administrative Hearing Officers are empowered to take conduct action up to and including Probation. Administrative Hearing Officers recommend Suspension or Dismissal to the Dean of Students.

    Conduct Board

    The Conduct Board is composed of a minimum of 15 members: six (6) faculty members, six (6) full-time undergraduate students, and three (3) graduate students. The graduate and undergraduate student governments appoint the student members of the Board. The Executive Committee of the Faculty Senate appoints the faculty members. A panel of two (2) faculty members and three (3) students is drawn. Two (2) faculty members and two (2) students constitute a quorum. A student will be selected as Chair for each hearing. The Board decides responsibility for alleged violations, interprets rules and regulations as they relate to individual incidents and community values, and determines sanctions when appropriate. The Dean of Students or designee is the Conduct Board Chair and acts as an advisor during hearings.

    Formal Hearing Procedures

    1. The Formal Hearing will be private.
    2. A recording or a written record will be made.
    3. Complainant and respondents will meet with Conduct Board/Administrative Hearing Officer separately.
    4. The charges and evidence will be presented by the Dean of Students or his/her designee, or the Preliminary Hearing Officer.
    5. The complainant and the respondent may be accompanied by a Marywood employee or Marywood student whose role will be advisory in nature. Requests for additional attendees as a reasonable accommodation for a documented disability or requests for any other reasonable accommodations throughout the hearing process because of a disability will be considered on an individual basis. The Dean of Students and the Office of Disability Services will partner with the student to explore possible accommodations. The Advisors’ names must be submitted to the Dean of Students at least 24 business hours prior to the hearing.
    6. Any party may present witnesses subject to the Chair’s/Administrative Hearing Officer’s or Dean of Students’ determination of the witnesses’ relevance to the case. The parties involved are responsible for contacting appropriate witnesses and informing them of the date, time, and location of the hearing, unless other arrangements are made with the Dean of Students. Names of witnesses, and the relevance of their testimony, must be submitted to the Dean of Students at least 24 business hours in advance of the hearing. Witnesses normally are not present throughout the hearing. Exceptions based on the judgment of the Chair/Administrative Hearing Officer or the Dean of Students may be made. Requests for exceptions to this procedure must be made in advance to the Dean of Students or his/her designee.
    7. If a respondent fails to appear at the Formal Hearing, the Chair or Administrative Hearing Officer will decide if the Formal Hearing will take place without the presence of the respondent. If the absence is unexcused, the respondent will forfeit any right to appeal. No recommendation or imposition of sanction will be based solely upon the failure of the respondent to appear at the hearing.
    8. The Chair or Administrative Hearing Officer, if not the Dean of Students, will make known the decision to the Dean of Students and submit a written statement of the reasons for the decision. The Dean of Students will notify the respondent in writing/email of the decision. The outcome of the case is considered a student’s educational record and disclosure of information must follow FERPA guidelines. Additionally, in cases of crimes of violence, anyone may be informed of the outcome of the case if the respondent is found responsible.
    9. Standards of appropriate behavior will be maintained by all in attendance. Failure to do so may result in the forfeiture of the remainder of the hearing. The Chair/Administrative Hearing Officer or the Dean of Students will make the determination.

    Procedures for Appeal

    1. The respondent may appeal the results of the Formal Hearing by stating so in a letter to the Vice President for Enrollment Services and Student Success (VPESSS) within five (5) business days after the decision has been communicated orally or in writing/email. The respondent must demonstrate in the letter one or more of the following:
      1. that s/he did not receive a hearing consistent with the process defined above;
      2. that the sanction was arbitrary or capricious;
      3. that certain relevant evidence was not reviewed; or,
      4. that new evidence is available.
    2. For an appeal to be considered, the VPESSS must agree that the respondent has demonstrated one or more of the reasons listed in #1.
    3. Normally, an appeal will be limited to a review of the report of the Board or the Administrative Hearing Officer. Such a review, when granted, is the final appeal step in the University conduct process.
    4. When grounds for an appeal have been established, one of the following procedures will be followed. Notification of the result of the appeal will be sent in writing/email to the respondent. The outcome of the case is considered a student’s educational record and disclosure of information must follow FERPA guidelines. Victims will be notified of any sanctions assigned to the respondent that impact the victim. Additionally, in cases of crimes of violence, anyone may be informed of the outcome of the case if the respondent is found responsible. The VPESSS may
      1. accept the report as presented;
      2. accept the report with a specific reduction or increase in the sanction;
      3. dismiss one or more of the charges entirely;
      4. return the case to the Conduct Board or Administrative Hearing Officer for further proceedings; or
      5. the VPESSS may establish an Appeal Board including an administrator and two (2) representatives from the Conduct Board. The VPESSS or designee will serve as Chair (ex-officio) of the Appeal Board. Board decisions in all cases are advisory to the VPESSS. The Appeal Board will determine the procedure to follow after consideration of the specific case. The Appeal Board will adhere to the principles of appropriate process as stated in the University’s conduct procedures.

    Sanctions

    Conduct action is based on the seriousness of the policy violation, individual circumstances, the best interest of the University community and the student’s education and growth. As such, the University reserves the right to impose different sanctions based on various factors of the case.  Sanctions will be stated in writing and maintained as a formal record by the Dean of Students Office. A combination of sanctions may be invoked when appropriate. Students who repeatedly violate University policy will be assigned progressively more serious sanctions. If sanctions are not completed, a Conduct Hold will be placed on the student’s account. The sanction, or combination of sanctions, which may be imposed upon individuals or organizations, includes but is not limited to the following:

    Policy Reminder

    A Policy Reminder is a written notice that the student’s behavior required conduct proceedings. The nature and circumstances of the conduct does not deserve further action, but the reminder is recorded in the Office of the Dean of Students for future reference for the duration of the student’s enrollment.

    Restitution

    Restitution is the reimbursement for damage, destruction or misappropriation of property. 

    Fines

    Fines are penalty fees payable to the University depending on the degree of infraction. The amount is determined by the Preliminary Hearing Officer, Conduct Board or Administrative Hearing Officer. 

    Educational Tasks

    Educational Tasks are assignments that promote the education of the student through experiences which are designed to enhance personal growth, improve understanding of the community and/or contribute to the larger community outside of the University. 

    Restricted Access/Loss of Privileges

    Loss of Privileges may include visitation, parking, changed housing assignment, attending University functions or representing the University in extracurricular activities. For organizations, restricted access may include restrictions on the number, content and purpose of gatherings. Restricted Access is official notification that an individual is not welcome to visit campus facilities or a specific community member(s). This may be administered for a specific building or general areas of the campus with or without a termination date. In some cases, it is known as a No Trespassing Notice or No Contact Order. The University may request intervention of civil authorities if an individual violates this restriction.  

    Removal from University Housing

    A student may be dismissed from living in University Housing and/or banned from visiting University residence facilities. Students with board contracts receive a pro-rated refund as described in the Housing Contract; no reimbursement is provided for the balance of a housing agreement. Since the majority of undergraduates are legal dependents of their parents/guardians, the University reserves the right to possibly contact parents and/or guardians when sanctions of Removal from University Housing or Suspension/Dismissal from the University are imposed.

    Conduct Hold

    A Conduct Hold is a restriction placed on a student’s account for failure to complete a sanction. A Conduct Hold prevents the student from registering for classes and/or other services normally provided by the Registrar’s Office.

    Probation

    Probation is a sanction that includes a specified period of time during which the student or organization must demonstrate the ability to comply with University rules, regulations, and/or other conditions imposed. Students who are recipients of University scholarships and are placed on Probation may be subject to gradation or removal of that scholarship during the term of probation. Any additional violation of University policy, however minor, may result in Suspension or Dismissal. Probation may be administered in two forms.

    1. Specific Probation: with or without conditions, is imposed for a specific period of time. Conditions may include any combination of the sanctions listed above.
    2. General Probation: imposed for the student’s tenure at the University. 

    Interim Suspension

    Interim Suspension is the temporary suspension of a student’s enrollment, housing, or other University privileges (or organization’s recognition) pending full consideration of a conduct hearing. The Dean of Students or his/her designee will determine if there is reasonable cause to believe a student or organization has violated any of the University’s rules and regulations and that danger or disruption will be present if the student is permitted to remain on campus or in University housing.

    Suspension/Disbanding of Student Organization

    The organization must disband for a specified period of time or permanently. Individual students who do not comply with the sanction (i.e. the organization functions underground) may face individual conduct charges. 

    Suspension

    Suspension is the termination of student status for a specified period of time. Conditions of reinstatement are included in the Preliminary/Formal Hearing Results notice. A suspended student is charged fees for the semester in which the suspension occurs in accordance with the published University Withdrawal and Refund Policy Statement. A grade of “W” is assigned for the same semester courses remaining on the student’s transcript. A statement of the student’s status is sent to the Provost, the Vice President for Enrollment Services and Student Success, and the Registrar. The record of the sanction is maintained for seven years in the Dean of Students Office. Since the majority of undergraduates are legal dependents of their parents/guardians, the University reserves the right to possibly contact parents and/or guardians when sanctions of Removal from University Housing or Suspension/Dismissal from the University are imposed. Independent students should notify the Dean of Students of their independence and verify that status if requested.

    Dismissal

    Dismissal is the permanent termination of student status and separation from the University. A dismissed student is charged full fees for the semester in which the dismissal occurs in accordance with the published University Withdrawal and Refund Policy Statement. A grade of “W’ is assigned for the same semester courses remaining on the student transcript. A statement of the student’s status is sent to the Provost, the Vice President for Enrollment Services and Student Success, and the Registrar. The record is kept permanently in the Dean of Students Office. Since the majority of undergraduates are legal dependents of their parents/guardians, the University reserves the right to possibly contact parents and/or guardians when sanctions of Removal from University Housing or Suspension/Dismissal from the University are imposed. Independent students should notify the Dean of Students of their independence and verify that status if requested. 

    History

      06-25-2018 – The President of the University, Sister Mary Persico, IHM, approved the revisions with respect to changes to titles as recommended by the President’s Cabinet.

    Title IX Sexual Harassment and Community Standards Sexual Misconduct Policy and Procedures

    Policy Statement

    MARYWOOD UNIVERSITY
    TITLE IX SEXUAL HARASSMENT

    AND COMMUNITY STANDARDS SEXUAL MISCONDUCT

    POLICY AND PROCEDURES

    I. POLICY STATEMENT
    Marywood University (the “University”) “honors the uniqueness and dignity of each human
    person” (Core Values of Marywood University, Respect). The University declares and affirms a
    commitment to maintaining a comfortable, healthy, and safe learning, living, and working
    environment for all members of the Marywood community. Marywood does not condone and
    will not tolerate sexual discrimination or sexual violence of any kind, including, but not limited
    to, rape, domestic violence, dating violence, sexual assault, stalking, sexual exploitation,
    harassment based on sex, sexual activity for which there is no consent, or any other misconduct
    that may violate this Title IX Sexual Harassment and Community Standards Sexual Misconduct
    Policy, including hazing, bullying, and cyberbullying, if it is sex/gender-based.
    Marywood University is subject to Title IX of the Educational Amendments of 1972 (“Title
    IX”), 20 U.S.C. §§1681, et seq., which states that “[n]o 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.”
    Marywood University does not discriminate on the basis of sex and will not tolerate sexual
    misconduct in any form, including as defined by Title IX or Marywood University’s Community
    Standards. Inquiries concerning the application of Title IX may be directed to the Title IX
    Coordinator or a Deputy Title IX Coordinator for the University, or to the Assistant Secretary for
    the Office of Civil Rights of the United States Department of Education (see below for contact
    information). Marywood University’s complete Notice of Non-discrimination is available at
    http://www.marywood.edu/campus-safety/policies/anti-discrimination.html
    Marywood University is committed to taking all necessary steps to comply with any obligations
    it may have under Title IX of the Education Amendments Act of 1972, Title VII of the Civil
    Rights Act of 1964, as amended, and the Campus Sexual Violence Elimination (Campus SaVE)
    Act of 2013. These are explicit civil and legal applications of the formulation of beliefs already
    cherished in Marywood’s religious commitment, objectives, and practices.

    II. SCOPE OF POLICY
    Marywood University’s Title IX Sexual Harassment and Community Standards Sexual
    Misconduct Policy (“the Policy”) applies to all faculty, staff, administration, employees,
    students, volunteers, and visitors on campus property. Additionally, the Policy applies to the
    conduct of all faculty, staff, administration, employees, students, volunteers, and visitors at off-
    campus University-sponsored events, including, but not limited to, academic and educational
    programming, internships, athletic events, and all other University programming, as well as to
    the conduct of all faculty, staff, administration, employees, students, volunteers, and visitors
    occurring off-campus but having an effect on the University’s educational program or activity.
    Alleged misconduct subject to this Policy (“Prohibited Conduct”) includes both Title IX Sexual
    Harassment (which is defined by law) and Community Standards Sexual Misconduct (which
    includes allegations that do not meet the definitions under Title IX, but nonetheless violate
    Marywood University community standards), as discussed further in the Definitions (Section IV)
    below.
    Marywood University will process all complaints reported under this Policy regardless of where
    the conduct occurred to determine whether the conduct occurred in the context of its educational
    program or has continuing effects on campus or in an off-campus program or activity.
    Anyone believing they have been the victim of, or a witness to, or otherwise has reason to
    believe or become aware of conduct that may be in violation of this Policy by, or involving, any
    member of the University community, guests, or visitors on University property, any property
    controlled by the University, including off-campus University sponsored events should report the
    incident as soon as possible to the Title IX Coordinator or one of the Deputy Title IX
    Coordinators.
    Marywood University will take the steps necessary to stop any and all misconduct, prevent its
    recurrence, and correct its discriminatory effects on the complainant and others.
    Preservation of Evidence

    The preservation of evidence in incidents of sexual violence is critical and particularly time-
    sensitive. It is important for the complainant to be aware of the importance of preserving

    evidence by taking the following actions:
    1. Seek medical assistance at the hospital, ideally within 72 hours of the incident.
    2. Do not shower, bathe, wash hands or face, or douche.
    3. Try not to urinate.
    4. If oral contact took place, refrain from smoking, eating, drinking, or brushing teeth.
    5. If clothes are changed, place soiled clothes in a paper bag (plastic destroys evidence).
    During the initial meeting between the complainant and the University Title IX Coordinator or
    Deputy Title IX Coordinator, the importance of taking those actions will be reiterated, when
    relevant.
    III. TITLE IX AND THE TITLE IX COORDINATOR
    The following individuals are responsible for coordinating Marywood University’s efforts to
    comply with Title IX and this Policy:


    Dr. Yerodin Lucas, Interim Director of Equity & Inclusion | Title IX Coordinator | 504
    Coordinator
    ylucas@marywood.edu
    570-340-6042
    Liberal Arts Center, Room 218
    Mr. Ross Novak, Dean of Students
    Deputy Title IX Coordinator – for Complaints against Students
    rnovak@marywood.edu
    570-348-6246
    Liberal Arts Center, Room 101
    Molly Baron, Director of Human Resources
    Deputy Title IX Director - Human Resources
    mbaron@marywood.edu
    570-340-6053
    Liberal Arts Center, Room 86
    Nicole Malloy, Assistant Director Athletics
    Deputy Title IX Coordinator - Athletic Complaints
    malloy@marywood.edu
    570-340-2489
    Marywood Center for Athletics and Wellness, Room 207
    Please contact any of the above with questions regarding Title IX or this Policy. Questions may
    also be directed to:
    Assistant Secretary for Civil Rights
    U.S. Department of Education
    Office for Civil Rights
    400 Maryland Avenue, SW
    Washington, D.C. 20202-1100
    Telephone: 800-421-3481
    Email: OCR@ed.gov

    Definitions

    IV. DEFINITIONS
    Terms used in this Policy have the following meanings:
    Advisor: An Advisor is a person who has agreed to provide support and advice to a
    Complainant or Respondent, subject to the provisions of Section X(C).
    Appeal Officer: The individual(s) responsible for determining an appeal under Section XII.
    The Appeal Officer may be Marywood’s employee or an external contractor. The Appeal
    Officer will not be Marywood’s Title IX Coordinator, nor the Investigator or Hearing Officer
    who were assigned to the matter that is the subject of the Appeal.

    Community Standards Sexual Misconduct: Community Standards Sexual Misconduct
    includes conduct by an individual or a recognized student organization that does not constitute
    Title IX Sexual Harassment, or is not subject to the filing of a Formal Complaint as Title IX
    Sexual Harassment because the Complainant is not participating or attempting to participate in
    Marywood University’s education program or activity, but that (a) has continuing adverse effects
    on or creates a hostile environment for individuals participating or attempting to participate in
    Marywood University’s education program or activity, or otherwise has a reasonable connection
    to Marywood University; and (b) constitutes one of the following:

     Community Standards Sex Discrimination: Discrimination on the basis of sex.
     Community Standards Sexual Harassment: Conduct on the basis of sex that
    involves an employee of Marywood conditioning the provision of an aid, benefit,
    or service of Marywood on an individual’s participation in unwelcome sexual
    conduct; or an individual engaging in unwelcome conduct determined by a
    reasonable person to be so severe, pervasive or objectively offensive that it
    effectively denies a person equal access to Marywood’s education program or
    activity. Community Standards Sexual Harassment also includes the following:
    o Community Standards Sexual Assault: Penetration or attempted
    penetration, no matter how slight, of the vagina or anus with any body part
    or object, or oral penetration or attempted penetration by a sex organ of
    another person, without the consent of the alleged victim.
    o Community Standards Fondling: The touching of the private body parts
    of another person for the purpose of sexual gratification without the
    consent of the alleged victim.
    o Community Standards Incest: Non-forcible sexual intercourse between
    persons who are related to each other within the degrees wherein marriage
    is prohibited by law.
    o Community Standards Statutory Rape: Non-forcible sexual
    intercourse with a person who is under the statutory age of consent.
    o Community Standards Dating Violence: Violence, including 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 alleged victim; 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.
    o Community Standards Domestic Violence: Violence committed by a
    current or former spouse or intimate partner of the alleged victim, by a
    person with whom the alleged victim shares a child in common, by a
    person who is cohabitating with or has cohabitated with the alleged victim
    as a spouse or intimate partner, by a person similarly situated to a spouse
    of the alleged victim under the domestic or family violence laws of
    Pennsylvania, or by any other person against an adult or youth alleged
    victim who is protected from that person’s acts under the domestic or
    family violence laws of Pennsylvania.
    o Community Standards Stalking: Engaging in a course of conduct
    directed at a specific person that would cause a reasonable person to fear
    for their safety or the safety of others, or suffer substantial emotional
    distress. For purposes of this definition, (a) course of conduct means two
    or more acts, including, but not limited to, acts in which the alleged stalker
    directly, indirectly, or through third parties, by any action, method, device,
    or means, follows, monitors, observes, surveils, threatens, or
    communicates to or about a person, or interferes with a person's property;
    (b) reasonable person means a reasonable person under similar
    circumstances and with similar identities to the victim; and (c) substantial
    emotional distress means significant mental suffering or anguish that may,
    but does not necessarily, require medical or other professional treatment or
    counseling.
    o Community Standards Sexual Exploitation: Sexual Exploitation,
    defined as: taking non-consensual or abusive sexual advantage of another
    for one’s own benefit or for the benefit of anyone other than the person
    being exploited, and that conduct does not otherwise constitute another
    form of Community Standards Sexual Harassment under this policy.
    Complainant: An individual who is alleged to be the victim of Prohibited Conduct.
    Consent: A knowing, voluntary and mutual decision among participants to engage in sexual
    activity, as discussed further in Section VI.
    Formal Complaint: A document submitted by a Complainant and bearing the Complainant’s
    physical or digital signature, or otherwise indicating that the Complainant is the one filing the
    Formal Complaint, requesting that the Marywood University investigate the allegations of
    Prohibited Conduct. The Title IX Coordinator also may sign a Formal Complaint, as discussed
    in Section X, but does not become the Complainant by doing so. In order to file a Formal
    Complaint for Title IX Sexual Harassment, a Complainant must be participating in or attempting
    to participate in Marywood’s education program or activity at the time a Formal Complaint is
    filed.
    Hearing Officer: The individual responsible for conducting the Hearing under Section XI (D),
    reaching a decision on responsibility and assigning sanctions, if appropriate. The Hearing
    Officer may be Marywood University’s employee or an external contractor. The Hearing Officer
    shall not be Marywood’s Title IX Coordinator, nor the Investigator who investigated the matter
    that is the subject of the Hearing.
    Informal Resolution Facilitator: The individual responsible for facilitating Informal
    Resolution, as discussed in Section X (D). The Informal Resolution Facilitator may be
    Marywood University’s employee or an external contractor.
    Investigator: The individual responsible for conducting the investigation of alleged Prohibited
    Conduct, as discussed in Section XI (A). The Investigator may be Marywood University’s
    employee or an external contractor. The Title IX Coordinator may serve as the Investigator.
    Party or Parties: Party refers to a Complainant or a Respondent. Parties refers to Complainant
    and Respondent collectively.
    Prohibited Conduct: Prohibited Conduct includes Title IX Sexual Harassment and Community
    Standards Sexual Misconduct.
    Respondent: An individual who has been reported to have engaged in any form of Prohibited
    Conduct or an organization that has been reported to have engaged in Community Standards
    Sexual Misconduct.
    Title IX Sexual Harassment: (a) Definition. Title IX Sexual Harassment means conduct on the
    basis of sex that involves an employee of Marywood conditioning the provision of an aid,
    benefit, or service of Marywood University on an individual’s participation in unwelcome sexual
    conduct; or an individual engaging in unwelcome conduct determined by a reasonable person to
    be so severe, pervasive and objectively offensive that it effectively denies a person equal access
    to Marywood University’s education program or activity. Title IX Sexual Harassment also
    includes the following:

     Title IX Sexual Assault: Title IX Sexual Assault includes any of the
    following Prohibited Conduct:
    o Penetration, no matter how slight, of the vagina or anus with any
    body part or object, or oral penetration by a sex organ of another
    person, without the consent of the alleged victim.
    o The touching of the private body parts of another person for the
    purpose of sexual gratification without the consent of the alleged
    victim.
    o Non-forcible sexual intercourse between persons who are related to
    each other within the degrees wherein marriage is prohibited by
    law.
    o Non-forcible sexual intercourse with a person who is under the
    statutory age of consent, which is sixteen (16) in Pennsylvania.


     Title IX Dating Violence: Violence, including 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 alleged
    victim; 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.
     Title IX Domestic Violence: Violence committed by a current or former
    spouse or intimate partner of the alleged victim, by a person with whom
    the alleged victim shares a child in common, by a person who is
    cohabitating with or has cohabitated with the alleged victim as a spouse or
    intimate partner, by a person similarly situated to a spouse of the alleged
    victim under the domestic or family violence laws of Pennsylvania, or by
    any other person against an adult or youth alleged victim who is protected
    from that person’s acts under the domestic or family violence laws of
    Pennsylvania.
     Title IX Stalking: Engaging in a course of conduct directed at a specific
    person that would cause a reasonable person to fear for their safety or the
    safety of others, or suffer substantial emotional distress. For purposes of
    this definition, (a) course of conduct means two or more acts, including,
    but not limited to, acts in which the alleged stalker directly, indirectly, or
    through third parties, by any action, method, device, or means, follows,
    monitors, observes, surveils, threatens, or communicates to or about a
    person, or interferes with a person's property; (b) reasonable person means
    a reasonable person under similar circumstances and with similar
    identities to the victim; and (c) substantial emotional distress means
    significant mental suffering or anguish that may, but does not necessarily,
    require medical or other professional treatment or counseling.

    (b) Jurisdiction. In order to constitute Title IX Sexual Harassment, the alleged misconduct must
    have occurred (i) in the United States, and (ii) in Marywood University’s education program or
    activity, which is defined as locations, events or circumstances over which Marywood University
    exercised substantial control over both Respondent and the context in which the misconduct
    occurred, or any building owned or controlled by a student organization officially recognized by
    Marywood University.

    Procedures

    V. RETALIATION
    Retaliation against an individual for participating in any way in a report, investigation, hearing or
    other proceeding under this Policy is strictly prohibited. No one may intimidate, threaten, coerce
    or discriminate against any individual for the purpose of interfering with any right or privilege
    secured by Title IX, or because the individual made a report or complaint, testified, assisted, or
    participated or refused to participate in any manner in an investigation, proceeding, or hearing
    under this Policy. In evaluating whether retaliation has occurred, Marywood University may
    consider whether the conduct in question constituted the exercise of rights protected under the
    First Amendment or was covered by another Marywood University policy, including with
    respect to freedom of expression or academic freedom.
    VI. CONSENT
    A person who wants to engage in a specific sexual activity is responsible for obtaining Consent
    for that activity. Silence or lack of resistance, in and of itself, does not constitute Consent.
    Consent can be given by words or actions, provided that those words or actions clearly
    communicate willingness to engage in the sexual activity. Consent cannot be obtained through
    coercion. For purposes of this Policy, coercion is the use of threats (i.e., words or actions) or
    intimidation (i.e., implied threats) that would cause a reasonable person to engage in unwelcome
    sexual activity against their will.
    Consent cannot be obtained from an individual who is incapacitated, where a reasonable, sober
    person initiating sexual activity would have known or reasonably should have known that the
    individual was incapacitated. An individual who is under the influence of alcohol and/or other
    drugs may be incapacitated, and therefore unable to Consent. However, consumption of alcohol
    or other drugs alone is insufficient to establish incapacitation. Incapacitation is a state beyond
    drunkenness or intoxication, where an individual cannot make a knowing and deliberate choice
    to engage in the sexual activity. Individuals who are asleep, unresponsive or unconscious are
    incapacitated. Other indicators that an individual may be incapacitated include, but are not
    limited to, the inability to communicate coherently, inability to dress/undress without assistance,
    inability to walk without assistance, slurred speech, loss of coordination, vomiting, or inability to
    perform other physical or cognitive tasks without assistance. An individual also may be
    incapacitated due to a temporary or permanent physical or mental health condition.
    Consent may be withdrawn by any party at any time. An individual who seeks to withdraw
    Consent must communicate, through clear words or actions, a decision to cease the sexual
    activity. Consent is automatically withdrawn when a party is no longer capable of consenting.

    Once Consent is withdrawn, the sexual activity must cease immediately. Consent must be re-
    established before resuming any sexual activity. Consent to one form of sexual activity does not,

    by itself, constitute Consent to another form of sexual activity. Consent to sexual activity on one
    occasion does not constitute Consent to sexual activity on other occasions. An individual’s use
    of alcohol or drugs does not diminish that individual’s responsibility to obtain Consent.
    VII. REPORTING
    Any person may report conduct constituting possible Prohibited Conduct to the Title IX
    Coordinator in person, by mail, by telephone, by email or online. The Title IX Coordinator will
    promptly contact the Complainant to discuss the availability of Supportive Measures (see Section
    IX) and to explain the process for filing a Formal Complaint.

    Complainants are encouraged, but not required, to proceed with a Formal Complaint. If the
    Complainant desires to proceed with a Formal Complaint, the Title IX Coordinator or designee
    will begin the Formal Complaint Processes (see Section XI). If the Complainant decides not to
    submit a Formal Complaint, the Title IX Coordinator may sign a Formal Complaint when the
    Title IX Coordinator deems doing so necessary to address the possible Prohibited Conduct,
    including in order to provide a safe and nondiscriminatory environment for all members of
    Marywood University’s community. In deciding whether to sign a Complaint if the Complainant
    elects not to do so, the Title IX Coordinator may, but is not required to, consider factors such as
    whether the conduct alleged included threats, violence, serial predation or weapons. A
    Complainant is not required to submit a Formal Complaint in order to receive Supportive
    Measures.

    A. Anonymous Reporting
    With the exception of Officials with Authority and Responsible Employees, discussed in Section
    VII (B), any individual may anonymously report allegations of Prohibited Conduct by submitting
    a report through Marywood University’s anonymous reporting hotline at
    https://secure.ethicspoint.com/domain/media/en/gui/32789/index.html or by phone at (855) 278-
    2704. Depending on the information provided, Marywood University’s ability to take action in
    response to an anonymous report may be limited.
    B. Reports to Officials with Authority and Responsible Employees
    There may be instances when an individual discloses alleged Prohibited Conduct to an employee
    of Marywood University. Whether that disclosure constitutes actual notice to Marywood
    University, triggering its response obligations under this Policy, depends on the role of the
    employee to whom the disclosure is made, as follows:

     Officials with Authority: A disclosure or report of Prohibited Conduct made
    to an Official with Authority (regardless of whether the disclosure is made by
    the Complainant or a third party) constitutes a report to Marywood (i.e., actual
    knowledge), triggering a response under this Policy. All Officials with
    Authority are required to promptly report disclosures of Prohibited Conduct to
    the Title IX Coordinator, including all information that has been disclosed to
    the Employee, such as the names of those involved, the location of the
    incident, the alleged Prohibited Conduct, etc. The following individuals are
    Officials with Authority:
    o Title IX Coordinator
    o Deputy Title IX Coordinator
    o Dean of Students
    o Director of Human Resources
    o Director of Student Success or designee
    o Director of Student Disability Services

    o Director of Housing and Residence Life
     Responsible Employees: A disclosure or report of Prohibited Conduct made
    to a Responsible Employee (regardless of whether the disclosure is made by
    the Complainant or a third party) does not constitute a report to Marywood
    University (i.e., is not “actual knowledge”) triggering a response under this
    Policy. Marywood University, as a matter of policy, requires Responsible
    Employees to promptly report disclosures of Prohibited Conduct to the Title
    IX Coordinator or Deputy Title IX Coordinator, including all information that
    has been disclosed to the Responsible Employee, such as the names of those
    involved, the location of the incident, the alleged Prohibited Conduct, etc.
    The following individuals are Responsible Employees:
    o All faculty members
    o All staff and administration, except when serving in the capacity as a
    designated confidential resources (e.g., student health services)
    All students and employees, even if not Officials with Authority or Responsible Employees, are
    strongly encouraged to report instances of possible Prohibited Conduct to the Title IX
    Coordinator or Deputy Title IX Coordinator.
    C. Privacy and Confidentiality
    Marywood University respects the privacy of individuals involved in any report of alleged
    Prohibited Conduct, meaning the Title IX Coordinator and others responsible for carrying out
    this Policy will disclose information only as required to implement this Policy or by law. If a
    Complainant requests that a report of Prohibited Conduct remain confidential (i.e., with the
    Complainant’s identity not being disclosed to the Respondent and an investigation not being
    commenced), the Title IX Coordinator will evaluate that request in the context of Marywood
    University’s responsibility to provide a safe and nondiscriminatory environment for all members
    of its community. Marywood University may question an employee-Respondent about alleged
    Prohibited Conduct without disclosing the identity of the Complainant, provided that it does not
    take disciplinary action against that Respondent without implementing the Formal Complaint
    Processes in Section X.
    The Complainant is not required to file a Formal Complaint to receive Supportive Measures (see
    Section IX), but there may be instances when disclosing the Complainant’s identity is necessary
    to provide certain Supportive Measures (e.g., where the Respondent would need to know the
    identity of the Complainant in order to comply with a no-contact order). Marywood University
    will maintain as confidential any Supportive Measures provided to the Complainant or
    Respondent, to the extent that maintaining such confidentiality would not impair its ability to
    provide the Supportive Measures.
    Only certain professionals at Marywood University are legally required to keep information
    shared by an individual truly confidential, without reporting it to the Title IX Coordinator.
    Those confidential resources and support services are discussed further in Section XV.

    D. False Reports and Other False Information
    The submission of knowingly false information is prohibited and will be addressed under
    Marywood University’s Code of Conduct for students and employment policies for faculty and
    staff. This provision does not apply to reports made and other information submitted in good
    faith, even if the facts alleged are not substantiated by an investigation and/or Hearing decision.
    VIII. EMERGENCY REMOVALS
    If at any point following the receipt of a report of Prohibited Conduct, Marywood University
    determines that the Respondent poses an immediate threat to the physical health or safety of the
    Complainant or any other person(s), including the Respondent, Marywood University may
    temporarily remove the Respondent from any or all of its programs or activities. The imposition
    of an Emergency Removal does not suggest a finding of responsibility for any Prohibited
    Conduct.
    Before imposing an Emergency Removal, the Marywood University’s Behavioral Intervention
    Team (BIT) will undertake an individualized safety and risk analysis concerning the Respondent
    at the request of the Title IX Coordinator. An Emergency Removal will be imposed only if the
    BIT concludes that the threat to physical health or safety arises from the allegations of Prohibited
    Conduct and warrants the removal.
    An Emergency Removal may involve the denial of access to some or all of Marywood
    University’s campus facilities, academic program, or other programs or activities. While
    Marywood University may provide alternative academic or employment opportunities during an
    Emergency Removal, it is not required to do so. Non-punitive actions taken as Supportive
    Measures (e.g., changes in housing) do not constitute Emergency Removals.
    The Title IX Coordinator will notify the Respondent of the terms imposed in connection with an
    Emergency Removal. The Respondent has the opportunity to challenge the Emergency Removal
    upon receipt of that notice. In order to challenge the Emergency Removal, Respondent shall
    submit an appeal to the Dean of Students for students and the Director of Human Resources for
    employees, within three (3) calendar days from the date of the notice of Emergency Removal,
    explaining why Emergency Removal is not appropriate. In evaluating the appeal, the Title IX
    Coordinator may seek additional information from Respondent or any other individual. The
    Emergency Removal will remain in place while the appeal is pending. The Title IX Coordinator
    shall issue a decision as soon as possible under the circumstances. The decision is final and not
    subject to further appeal.
    Separate from the Emergency Removal process, the Title IX Coordinator may request that the
    Director of Human Resources place an employee-Respondent on an administrative leave, with or
    without pay.

    IX. SUPPORTIVE MEASURES
    Supportive Measures are non-disciplinary, non-punitive individualized services that may be
    provided to Complainants or Respondents upon request, when deemed by the Title IX
    Coordinator to be appropriate and reasonably available. Supportive Measures may also be
    imposed at the initiative and in the sole discretion of the Title IX Coordinator. Supportive
    Measures are available beginning at any time after the submission of a report of Prohibited
    Conduct.
    A Complainant may seek and be provided Supportive Measures prior to or without ever filing a
    Formal Complaint.
    Supportive Measures are designed to restore or preserve equal access to Marywood University’s
    educational programs and activities, without unreasonably burdening the other party. Supportive
    Measures may be of any duration and may be modified at the discretion of the Title IX
    Coordinator, as circumstances warrant. Supportive Measures will be kept confidential to the
    extent doing so does not impair Marywood University’s ability to provide them.
    Supportive Measures may include, but are not limited to, the following:
     Access to counseling services;
     Extensions of deadlines or other course-related adjustments;
     Modification of work or class schedules;
     Mutual restrictions on contact between the parties (i.e., “no contact” orders);
     Changes in work or housing locations;
     Leaves of absence;
     Increased security and monitoring of certain areas; or
     Any other measures deemed appropriate by the Title IX Coordinator to preserve equal
    access to Marywood’s programs and activities.
    A student or employee’s failure to abide by the terms of any Supportive Measure may result in
    discipline and, depending on the circumstances, could be deemed to constitute Retaliation.
    X. FORMAL COMPLAINT PROCESSES
    In order to commence Formal Complaint Processes, a Complainant must file a Formal Complaint
    with the Title IX Coordinator. Alternatively, if the Title IX Coordinator has received a report of
    Prohibited Conduct, but the Complainant elects not to submit a Formal Complaint or the
    Complainant is unknown, the Title IX Coordinator has the discretion to sign the Complaint if the
    Title IX Coordinator deems doing so necessary to address Prohibited Conduct, including in order
    to provide a safe and nondiscriminatory environment for all members of its community. In doing
    so, the Title IX Coordinator does not become the Complainant.
    There is no time limit within which a Complainant must file a Formal Complaint. However, at
    the time a Formal Complaint for Title IX Sexual Harassment is filed, the Complainant must be
    participating or attempting to participate in Marywood University’s programs or activities.

    Pursuing a Formal Complaint does not preclude a Complainant from pursuing the filing of
    criminal charges. However, it is important to understand that the standard for criminal
    prosecution is different from that used in student and employee conduct proceedings. As a
    result, decisions rendered in either forum are not determinative of what will happen in the other.
    If the Title IX Coordinator receives Formal Complaints against more than one Respondent or by
    more than one Complainant against one or more Respondents, or by one Party against the other
    Party (i.e., “counterclaims”), where the allegations of sexual harassment arise out of the same
    facts or circumstances and are so intertwined that the allegations directly relate to all of the
    Parties, the Title IX Coordinator has the discretion to consolidate the Formal Complaints. If
    Formal Complaints are consolidated, all Parties must receive the same version of the written
    determination.
    A. Written Notice
    Upon the submission of a Formal Complaint, the Title IX Coordinator will provide written notice
    to the Complainant and Respondent, if known, including the following:
     A copy of this Policy.
     Notice of the allegations of conduct that may constitute Prohibited Conduct, with
    sufficient detail for the Respondent to prepare a response before any initial interview,
    including, if known, the identities of the Parties involved and the date and location of the
    incident.
     The presumption that the Respondent is not responsible for the alleged Prohibited
    Conduct unless a determination of responsibility is reached at the conclusion of the
    Formal Resolution Process.
     Notice of the Parties’ entitlement to an Advisor of choice at any meeting, interview or
    other proceeding related to the Formal Complaint, as discussed in Section X(C).
     The identity of the Investigator as described in Section XI (A).
     Notice that the Parties may inspect and review evidence gathered during the investigation
    as discussed in Section XI (B).
     Notice that Marywood University’s Code of Conduct prohibits knowingly making false
    statements or knowingly submitting false information during the Formal Complaint
    Processes.
    If additional allegations of conduct that might constitute Prohibited Conduct are identified during
    the course of the investigation and will be included in the Formal Complaint Processes, the Title
    IX Coordinator will issue an updated notice.
    B. Dismissal for Purposes of Title IX Sexual Harassment
    If any of the following circumstances are met, the Title IX Coordinator will dismiss the Formal
    Complaint for purposes of any form of Title IX Sexual Harassment:
     Even if proved, the misconduct alleged in the Formal Complaint would not constitute
    Title IX Sexual Harassment as defined in Section IV;
     The misconduct alleged in the Formal Complaint did not occur in Marywood
    University’s education program or activity, which is defined as locations, events or
    circumstances over which Marywood University exercised substantial control over both
    Respondent and the context in which the misconduct occurred, or any building owned or
    controlled by a student organization officially recognized by Marywood University; or
     The misconduct alleged in the Formal Complaint is not alleged to have occurred in the
    United States.
    Further, if any of the following circumstances are met, the Title IX Coordinator may dismiss the
    Formal Complaint for purposes of any form of Title IX Sexual Harassment, in the Title IX
    Coordinator’s sole discretion:
     Complainant notifies the Title IX Coordinator in writing that Complainant wishes to
    withdraw the Formal Complaint or any allegation in it;
     Respondent is no longer enrolled or employed at [Institution]; or
     Specific circumstances prevent [Institution] from gathering evidence sufficient to reach a
    determination as to the Formal Complaint or allegation.
    The Title IX Coordinator will promptly send notice of the dismissal, including the reasons for
    dismissal, to the Complainant and Respondent via email. The notice will advise the parties
    whether the Formal Complaint will proceed as possible Community Standards Sexual
    Misconduct. Both the Complainant and Respondent may appeal any decision to dismiss the
    Formal Complaint for purposes of Title IX Sexual Misconduct by submitting a request for appeal
    to the Title IX Coordinator by email within three (3) calendar days of the date of the Title IX
    Coordinator’s email. The appeal will be determined using the procedures set forth in Section
    XII.
    The decision whether the matter will proceed as potential Community Standards Sexual
    Misconduct is not subject to appeal.
    C. Advisors
    The Parties are entitled to identify an Advisor of their choice, who may accompany them to all
    investigative interviews, Hearings and other meetings or proceedings held in connection with a
    Formal Complaint (“Formal Complaint Process Proceedings”). An Advisor is a person who has
    agreed to provide support and advice to a Complainant or Respondent. The Parties are
    responsible for identifying their own Advisor, if they wish to have one.
    As discussed in Section XI(D)(5), the Parties must have an Advisor for purposes of conducting
    cross-examination at a Hearing. If a Party has not identified an Advisor to accompany them to
    the Hearing for purposes of conducting cross-examination, Marywood University will provide
    one for that limited purpose.
    Except when conducting cross-examination as discussed in Section XI(D), Advisors may not
    speak aloud during any Formal Complaint Process Proceedings, including by addressing anyone
    other than the individual for whom they are an Advisor. The Advisor may confer with the
    individual whom they are advising quietly or by means of written notes. Parties may request a
    brief recess to consult with their Advisor, which may be granted at the sole discretion of the
    Hearing Facilitator conducting the Formal Complaint Process Proceeding. An Advisor whose
    presence is deemed at that Hearing Facilitator’s sole discretion to be improperly disruptive or
    inconsistent with Rules of Decorum established by Marywood University, as discussed in
    Section X(D)(7), will be required to leave and may be prohibited from participating in future
    Formal Complaint Process Proceedings.
    While Marywood University may consider short delays in scheduling to reasonably
    accommodate an Advisor’s availability, whether to grant such a request is in the sole discretion
    of the Hearing Facilitator responsible for the event in question.
    D. Informal Resolution
    Informal Resolution presents the opportunity for the Complainant and Respondent to resolve
    allegations of Prohibited Conduct without an investigation or hearing. Participation in Informal
    Resolution in lieu of the Formal Resolution Process is purely voluntary. Informal Resolution is
    available only when a Formal Complaint has been filed and the Parties agree to its use in writing.
    Informal Resolution may be used only with the approval of the Title IX Coordinator, who may
    deem its use inappropriate based on the specific allegations involved or other factors. Informal
    resolution is not available to resolve a student-Complainant’s allegations that an employee has
    engaged in Title IX Sexual Harassment. Prior to initiating Informal Resolution, the Title IX
    Coordinator will provide the Parties with written notice disclosing the allegations, the
    requirements of the process, the right to withdraw from Informal Resolution to pursue formal
    resolution, and any consequences of participation (e.g., as it relates to any subsequent formal
    resolution if Informal Resolution is not achieved).
    Informal Resolution can be commenced at any point prior to the conclusion of a Hearing under
    the Formal Resolution Processes. It is conducted by an Informal Resolution Facilitator
    appointed by the Title IX Coordinator. The Complainant, Respondent, Title IX Coordinator or
    Facilitator may terminate Informal Resolution at any time prior to its completion. If Informal
    Resolution is terminated, the Formal Resolution Process will promptly commence or resume, as
    appropriate.
    Informal Resolution may take many forms as agreed to between the Complainant, Respondent
    and Title IX Coordinator, including, but not limited to:
     Mediation: Mediation may involve the Complainant and Respondent being in the same
    or different rooms, but they will never be required to be in the same room. Mediation
    typically does not require an admission of responsibility for the Prohibited Conduct by
    the Respondent.
     Restorative Justice: Restorative Justice may involve the Complainant and Respondent
    being in the same or different rooms, but they will never be required to be in the same
    room. Restorative Justice typically requires an admission of responsibility for the
    Prohibited Conduct, or certain allegations, by the Respondent.
    If the Informal Resolution is terminated such that the matter resumes the Formal Resolution
    Processes, any testimony and/or materials/documents used and/or submitted during the Informal
    Resolution may be used as evidence in the Formal Resolution at the discretion of the Hearing
    Panel/Decision-maker(s). The Informal Resolution Facilitator will not serve as a witness during
    the Formal Resolution process.
    The Title IX Coordinator may determine that Informal Resolution is not an appropriate option
    where the Respondent has had prior instances of resolving Formal Complaints through Informal
    Resolution or a Hearing.
    The Informal Resolution process typically should be completed within thirty (30) calendar days
    of the Parties documenting their agreement to participate. That period may be extended at the
    discretion of the Title IX Coordinator.
    XI. FORMAL RESOLUTION PROCESS
    Marywood University strives to resolve Formal Complaints within ninety (90) calendar days of
    the submission of a Formal Complaint, but balances its desire to achieve a prompt resolution
    with the need to conduct a thorough and complete investigation, which may delay that
    timeframe. Delays might also result from a number of factors, including but not limited to the
    appeal of a dismissal as discussed in Section XII, impacts of concurrent criminal processes, or an
    attempt at Informal Resolution. The Title IX Coordinator may extend the time for completion of
    the Formal Resolution Process for good cause as determined in the sole discretion of the Title IX
    Coordinator, and will provide written notice to the Parties of the reason for extension or delay.
    At the discretion of the Title IX Coordinator, possible violations of the Student Code of Conduct
    or other policies that occurred directly in connection with the alleged Prohibited Conduct may
    be, but are not required to be, addressed under the Formal Resolution Processes here in lieu of
    engaging in a separate decision-making process for those possible violations.
    A. Investigation
    The written notice described in Section X(A) will identify the appointed Investigator. Either
    Party may object to the Investigator on the grounds of conflict of interest or bias for or against
    Complainants or Respondents generally, or the individual Complainant or Respondent, by
    submitting an objection to the Title IX Coordinator in writing within three (3) calendar days of
    receipt of the issuance of the written notice. The Title IX Coordinator, in their sole discretion,
    shall determine whether a different Investigator should be appointed.
    The Investigator will conduct an investigation of the allegations in the Formal Complaint, and is
    responsible for interviewing the Parties and witnesses, and gathering relevant inculpatory and
    exculpatory evidence. The Investigator may not access, consider, disclose or otherwise use
    records that are made or maintained by a physician, psychiatrist, psychologist or other
    recognized professional or paraprofessional in connection with the provision of treatment to the
    Complainant or Respondent, unless the Investigator obtains the Complainant’s or Respondent’s,
    as appropriate, voluntary written consent to do so.
    All Parties will have an equal opportunity to identify witnesses, including fact and
    expert witnesses, and other inculpatory evidence (used to establish responsibility) and
    exculpatory evidence (used to establish favorability or exonerate), for the Investigator. Parties
    will be provided with written notice of the date, time, location, participants and purpose of all
    investigative interviews in which they are expected to participate. Parties may be accompanied
    by an Advisor of their choice at any investigative interview, as described in Section X(C).
    B. Investigation Report
    The Investigator will prepare an investigation report summarizing all relevant evidence. The
    report will exclude all non-relevant evidence, as well as any evidence not subject to disclosure
    for reasons set forth herein (e.g., medical records regarding which the Party has not authorized
    disclosure).
    Prior to completing the investigation report, the Investigator will send to both Complainant and
    Respondent, and their Advisors, if any, all evidence obtained as part of the investigation that is
    directly related to the allegations raised in the Formal Complaint, regardless of whether it is
    anticipated that the evidence will be used at the hearing or in connection with any decision on
    responsibility. The Parties are strictly prohibited from disclosing or disseminating the evidence
    to any third parties and from using it for purposes other than carrying out the Formal Resolution
    Processes. Complainant and Respondent will have ten (10) calendar days to provide a written
    response concerning the evidence to the Investigator, including identifying additional evidence
    for the Investigator’s consideration prior to completing the investigation report. The response
    must be by the Party, not the Party’s Advisor. A Party’s response may be shared with the other
    Party.
    After receipt of the Parties’ responses concerning the evidence and at least ten (10) calendar days
    before the hearing, the Investigator will provide the Complainant and Respondent, and their
    Advisors, if any, a copy of the investigation report. The Complainant and Respondent may, but
    are not required to, provide written responses to the investigation report. Any response must be
    by the Party, not the Party’s Advisor. A Party’s response may be shared with the other party.
    C. Hearing Notice
    After the investigation report has been provided to the Parties and their Advisors, if any, and not
    fewer than five (5) calendar days before the hearing, the Title IX Coordinator will issue a
    Hearing notice via email advising the Parties of the following:
     The date, time and location of the Hearing.
     The specific charges of Prohibited Conduct subject to disposition at the Hearing and a
    brief description of the conduct resulting in the charges. Such charges may include both
    Title IX Sexual Harassment and Community Standards Sexual Misconduct, as separate or
    alternative charges.
     The individual(s) to serve as the Hearing Officer(s).
     That at the request of either party, the Hearing will take place with parties located in
    separate rooms with technology enabling the parties to simultaneously see and hear the
    party/witness answering questions. Requests for separate rooms must be submitted to the
    Title IX Coordinator via email at least five (5) calendar days before the Hearing.
     That the Hearing will take place remotely through an audiovisual platform.
    Any Party may object to the Hearing date or challenge the appointment of the Hearing Officer
    for bias or conflict of interest by submitting a written objection to the Title IX Coordinator via
    email within three (3) calendar days of the Title IX Coordinator issuing the Hearing Notice. The
    Title IX Coordinator, in their sole discretion, shall determine whether the Hearing Officer should
    be removed and/or the Hearing rescheduled. Once the Hearing Officer is confirmed, the Title IX
    Coordinator will provide the Hearing Officer with a copy of the investigation report.
    D. Hearing
    Hearings are governed by the procedures set forth below. The formal Rules of Evidence that
    may apply to any courtroom proceeding do not apply to Hearings conducted under this Policy.
    The only individuals who may appear at a Hearing are the Complainant and Advisor,
    Respondent and Advisor, and witnesses called by the Hearing Officer(s). The Parties and their
    Advisors may be present throughout the Hearing, with the exception of any recesses for which
    they are excused by the Hearing Officer. Witnesses are permitted to be present only when
    providing testimony. The Investigator and Title IX Coordinator may be present throughout the
    Hearing, as may other Marywood University representatives at the discretion of the Hearing
    Officer. If a Party fails to attend a Hearing, the Hearing may be held in the Party’s absence, at
    the discretion of the Hearing Officer(s).
    1. Witnesses

    At least five (5) days before the Hearing, the Hearing Officer(s) will advise the Parties which
    witnesses will be requested to provide testimony at the Hearing. No later than three (3) calendar
    days after such notice, the Parties may request that additional witnesses be requested to be
    present at the Hearing. The request must be submitted to the Hearing Officer(s) in writing,
    including a brief description of why the information is relevant to the determination of
    responsibility. Whether or not to approve such request as potentially providing relevant
    information shall be in the sole discretion of the Hearing Officer(s), who will advise the
    requesting Party of the final decision. If the request is approved, the Hearing Officer(s) will
    advise the other Party as well.

    2. Documents

    All documentary evidence provided to the parties under Section XI(B) will be made available at
    the Hearing, as well as all evidence produced by the Parties in their response. The availability of
    such evidence does not suggest a determination on relevance, which shall be made by the
    Hearing Officer(s).

    3. Relevance

    The Hearing Officer is responsible for making all determinations of relevance as to witnesses,
    questions and documentary evidence presented at the Hearing. For purposes of this Policy,
    “relevant” means that the evidence is probative of any material fact.
    Evidence that is not relevant will be excluded at the Hearing and may not form the basis for any
    decision by the Hearing Officer. Evidence that is duplicative of evidence already in the Hearing
    record may be deemed not relevant. Questions and evidence about the Complainant’s sexual
    predisposition or prior sexual behavior are not relevant, unless such questions and evidence
    about the Complainant’s prior sexual behavior are offered to prove that someone other than the
    Respondent committed the alleged conduct or if the questions and evidence concern a specific
    incident of the Complainant’s prior sexual behavior with respect to the Respondent and are
    offered to prove consent.

    4. Standard of Proof

    The Hearing Officer will make decisions on responsibility using a preponderance of the evidence
    standard of proof.

    5. Advisors at Hearings

    The parties may be accompanied by their Advisor at the Hearing. As discussed in Section X(C),
    the Advisor may not address the Title IX Coordinator, Investigator, Hearing Officer, other
    Advisors or any other individuals participating in the Hearing. The only exception is with
    respect to cross-examination as discussed below. Like the parties, Advisors are required to
    adhere to the Rules of Decorum applicable to Hearings, as outlined in Section XI(D)(7). An
    Advisor who fails to do so may, at the sole discretion of the Hearing Officer, be required to leave
    the Hearing.
    The parties shall inform the Title IX Coordinator whether they will be accompanied at the
    Hearing by their Advisor of choice by no later than five (5) days before the Hearing. If a party
    has not identified an Advisor, Marywood will provide one for the sole purpose of conducting
    cross-examination as discussed below. The Parties may not conduct cross-examination
    themselves; cross-examination must be performed by an Advisor. If an Advisor is required to
    leave a Hearing for failure to adhere to the Rules of Decorum or for any other reason, the
    Hearing Officer shall recess the Hearing until Marywood appoints an Advisor for purposes of
    cross-examination. Advisors provided by Marywood will be adults with an understanding of the
    purpose of cross-examination, but will not be attorneys or have training commensurate to
    attorneys with respect to conducting cross-examination.

    6. Hearing Procedures

    The procedures here provide the general framework for any Hearing. The Title IX Coordinator
    or Hearing Officer(s) may alter certain procedures as deemed appropriate in their sole discretion
    to aid in the equitable resolution of the matter.
    a) Recording

    The Hearing will be recorded by means of audio or audiovisual equipment. Recesses taken or
    approved by the Hearing Officer(s), including for the Hearing Officer(s) to consult with the Title
    IX Coordinator, Investigator or any other Marywood University representative, will not be
    recorded.

    b) Opening Statements

    Each Party will have the opportunity to make a brief, (3) minutes maximum, opening statement.
    The Parties will make any statements themselves, not through their Advisor.

    c) Parties

    Generally, the Hearing Officer will hear from the Complainant first, followed by the Respondent.
    Each Party will have the opportunity to provide relevant evidence to the Hearing Officer. The
    Hearing Officer will ask relevant follow-up questions of each party. Each Party’s Advisor will
    have the opportunity to ask cross-examination questions of the other Party. Advisors are
    reminded of the importance of adhering to the Rules of Decorum in cross-examining the Parties
    and any witnesses. If a Party does not submit to cross-examination, the Hearing Officer(s) must
    not rely on any statement of that Party in reaching a determination regarding responsibility,
    regardless of where, when or in what forum the statement was made. The Hearing Officer
    cannot draw an inference regarding responsibility based solely on a Party’s absence from the
    Hearing or refusal to answer questions.
    With respect to cross-examination, Advisors are limited to asking only relevant questions. The
    Hearing Officer will determine whether questions are relevant prior to the Party answering the
    question. If the question is deemed not relevant, the Hearing Officer will provide a brief
    explanation and the question will be precluded. The Hearing Officer’s decision is not subject to
    challenge or objection during the Hearing.
    d) Witnesses

    A similar process and the same rules that apply to Parties will apply to the testimony of
    witnesses. Like the Parties, any witness may appear remotely, with technology allowing the
    Hearing participants to simultaneously see and hear the witness.

    If a witness does not submit to cross-examination, the Hearing Officer must not rely on any
    statement of that witness in reaching a determination regarding responsibility, regardless of
    where, when or in what forum the statement was made. The Hearing Officer cannot draw an
    inference regarding responsibility based solely on a witness’s absence from the Hearing or
    refusal to answer questions.
    The Investigator may be called as a witness. At the Hearing Officer’s discretion, the Investigator
    may be asked to testify before the Parties to facilitate an efficient presentation of evidence.

    e) Closing Statement

    Each Party will have the opportunity to make a brief, (3) minutes maximum, closing statement.
    The Parties will make any statements themselves, not through their Advisor.

    7. Rules of Decorum

    The following Rules of Decorum apply to parties, Advisors and witnesses participating in any
    Hearing. Individuals failing to follow the Rules of Decorum may be directed to leave the
    Hearing, at the Hearing Officer’s sole discretion. Although the Hearing Officer may provide
    warnings or reminders of the Rules of Decorum before such removal, a pre-removal warning or
    reminder will not necessarily be provided depending on the nature of the conduct in question.
    All parties, Advisors, and witnesses will conduct themselves in a manner that is consistent with
    the Core Values of Marywood University. In particular, the Core Value of Respect will be
    demonstrated throughout the Hearing proceedings. Any and all individuals in attendance at the
    Hearing will conduct themselves in accordance with the rules, guidelines, and procedures
    outlined in this Policy. At the discretion of the Hearing Officer(s) any violations of these
    measures may result in an individual’s removal from the Hearing proceedings.
     Do not talk on top of one another.
     Do not shout or use an aggressive tone.
     Advisors shall ask questions from a seated position.
     Use a party or witness’s preferred pronouns.
     Do not ask the same question repeatedly.
     Parties and witnesses are not to answer questions posed by Advisors until directed by the
    hearing officer to do so.
    E. Hearing Outcome Letter
    Within three (5) calendar days of the conclusion of the Hearing, the Hearing Officer will issue
    the Hearing Outcome Letter via email to the Parties.
    The Hearing Outcome Letter will include:
     A description of the allegations that lead to the Hearing, as potentially constituting
    Prohibited Conduct.
     A description of the procedural steps taken from the receipt of the Formal Complaint
    through the determination.
     A statement of factual findings supporting the determination.
     A statement of the conclusions regarding the application of this Policy to the facts.
     A statement of, and rationale for, the result as to each allegation, including a
    determination regarding responsibility.
     An explanation of the disciplinary sanctions imposed on the Respondent, if any.
     A statement of whether remedies designed to restore or preserve equal access to
    Marywood’s education program or activity will be provided to the Complainant. Specific
    remedies will be identified in the Hearing Outcome Letter only to the extent those
    remedies directly affect the Respondent. The Title IX Coordinator is responsible for
    implementing such remedies.
     The procedures and permissible bases for the Complainant and Respondent to appeal.
    The Hearing Outcome becomes final following the determination of the appeals, if any, or upon
    the date following the deadline for filing an appeal, if no appeal is pursued. No further appeals
    of any kind are permitted.
    F. Sanctions and Remedies
    1. Sanctions

    If the Respondent is found responsible for any Prohibited Conduct, the Title IX Coordinator will
    provide the Hearing Officer with the Respondent’s prior conduct record for consideration in the
    Hearing Officer’s assignment of a sanction or sanctions. The range of available sanctions
    includes:
     Warning: A formal statement that the conduct was unacceptable and a warning that
    further violation of any Marywood policy, procedure, or directive will result in more
    severe sanctions/responsive actions.
     Required Counseling: A mandate to meet with and engage in either University-sponsored
    or external counseling to better comprehend the misconduct and its effects.
     Probation: A written reprimand for violation of institutional policy, providing for more
    severe disciplinary sanctions in the event that the student or organization is found in
    violation of any institutional policy, procedure, or directive within a specified period of
    time. Terms of the probation will be articulated and may include denial of specified
    social privileges, exclusion from co-curricular activities, exclusion from designated areas
    of campus, no-contact orders, and/or other measures deemed appropriate.
     Suspension: Termination of student status for a definite period of time not to exceed two
    years and/or until specific criteria are met.
     Expulsion: Permanent termination of student status and revocation of rights to be on
    campus for any reason or to attend University-sponsored events. This sanction may be
    noted permanently as a Conduct Expulsion on the student’s official transcript, subject to
    any applicable expungement policies.
     Withholding Diploma: Marywood University may withhold a student’s diploma for a
    specified period of time and/or deny a student participation in commencement activities if
    the student has an allegation pending or as a sanction if the student is found responsible
    for an alleged violation.
     Revocation of Degree: Marywood University reserves the right to revoke a degree
    previously awarded from the University for fraud, misrepresentation, and/or other
    violation of Marywood policies, procedures, or directives in obtaining the degree, or for
    other serious violations committed by a student prior to graduation.
     Organizational Sanctions: Deactivation, loss of recognition, loss of some or all privileges
    (including University registration) for a specified period of time.
     Other Actions: In addition to or in place of the above sanctions, the University may
    assign any other sanctions as deemed appropriate.

    b. Employee Sanctions
    Responsive actions for an employee who has engaged in harassment, discrimination, and/or
    retaliation include:
     Warning – Verbal or Written
     Performance Improvement/Management Process
     Required Counseling
     Required Training or Education
     Probation
     Loss of Annual Pay Increase
     Loss of Oversight or Supervisory Responsibility
     Demotion
     Suspension with pay
     Suspension without pay
     Termination
    2. Remedies

    The Title IX Coordinator is responsible for the implementation of remedies designed to restore
    or preserve equal access to Marywood University’s education program or activity.
    XII. APPEALS
    Either Party may appeal a determination of responsibility (or non-responsibility) as set forth in
    the Hearing Outcome by submitting a written appeal to the Title IX Coordinator by email within
    three (3) calendar days of the Hearing Officer’s issues of the Hearing Outcome Letter. Appeals
    may be based on only one of the following:
     A procedural irregularity that affected the determination of responsibility;
     The existence of new evidence that was not reasonably available at the time of the
    Hearing that could affect the outcome of the matter; and
     The Title IX Coordinator, Investigator 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.
    As discussed in Section X (B), appeals may also be based on the dismissal of a Formal
    Complaint alleging Title IX Sexual Harassment.
    The appeal must be in writing and clearly explain the basis for the appeal. If the appeal is from
    the outcome of a Hearing, the Parties shall have access to the record of the Hearing to prepare
    their appeal on such terms as the Title IX Coordinator provides. Upon receipt of an appeal, the
    Title IX Coordinator will notify the other Party that the appeal has been filed, permitting the
    party three (3) days to provide a response, and providing the parties with the identity of the
    Appeal Officer who will determine the matter. The Party’s response will be provided to the
    appealing party, but no further exchange of positions is permitted.
    The Parties may challenge the appointment of the Appeal Officer for bias or conflict of interest
    by submitting a written objection to the Title IX Coordinator via email within three (3) calendar
    days of the Title IX Coordinator issuing the notice. The Title IX Coordinator, in their sole
    discretion, shall determine whether a new Appeal Officer should be identified.
    The Title IX Coordinator will forward the appeal and the other Party’s response to the Appeal
    Officer. The Appeal Officer will evaluate the appeal on the written record and recording of the
    Hearing, and may seek input from the Title IX Coordinator, Investigator and/or Hearing Officer
    as deemed appropriate in the Appeal Officer’s sole discretion.
    For appeals from a Dismissal in Section X (B), the Appeal Officer will typically issue a written
    decision on the appeal, including the result and a brief rationale, within five (5) days of the
    Hearing Officer’s receipt of the appeal materials.
    For appeals from a Hearing Outcome, the Appeal Officer will typically issue a written decision
    on the appeal, including the result and a brief rationale, within five (5) days of the Appeal
    Officer’s receipt of the appeal materials.
    The Appeal Officer may take the following actions:
     Uphold the finding of the original Hearing Panel
     Send the case back and request a new hearing by the original Hearing Panel
     Send the case back and request a new hearing by a new Hearing Panel
     Render a different decision
    The Appeal Officer’s decision is final. No further appeals are permitted.
    XIII. RECORDKEEPING
    Marywood University will retain records created in connection with a Formal Complaint for
    seven (7) years. Such records include those relating to any Informal Resolution, the
    investigation, any determination regarding responsibility (including any audio or audiovisual
    recording or transcript), any disciplinary sanction imposed, any appeal and any remedies
    provided to the Complainant designed to restore or preserve equal access to Marywood’s
    education program or activity
    Marywood University will also document the basis for its conclusion that its response was not
    deliberately indifferent, and document that it has taken measures designed to restore or preserve
    equal access to the education program or activity. If Marywood University provides no
    Supportive Measures to the Complainant, it will additionally document why such a response was
    not clearly unreasonable in light of all the known circumstances.
    XIV. TRAINING
    Any individual serving as Marywood University’s Title IX Coordinator, Investigator, Informal
    Resolution Facilitator, Hearing Officer or Appeal Officer will receive training on the this Policy,
    the scope of Marywood University’s education program or activity, how to conduct an
    investigation and Formal Resolution Processes (including Hearings, Appeals and Informal
    Resolution, as applicable), and how to serve impartially, including by avoiding prejudgment of
    the facts at issue, conflicts of interest and bias. Further, they will receive training on questions of
    relevance, and on preparing an Investigation Report, Hearing Outcome Letter or Appeal
    decision, as appropriate.
    XV. MARYWOOD UNIVERSITY AND COMMUNITY RESOURCES
    All Marywood University employees (faculty, staff, and administrators) are expected to report
    actual or suspected sexual misconduct to the appropriate officials immediately, as discussed in
    section VII (B) above. There are some limited exceptions. In order to make informed choices, it
    is important to be aware of confidentiality and mandatory reporting requirements when
    consulting campus resources. On campus, some resources may maintain confidentiality and are
    not required to report actual or suspected sexual misconduct. They may offer options and
    resources without any obligation to inform an outside agency or campus official unless a
    Complainant has requested the information be shared.
    If a Complainant expects formal action in response to their allegations, reporting to any Official
    with Authority can connect them with resources to report crimes and/or policy violations, and
    these employees will immediately pass reports to the Title IX Coordinator or Deputy Title IX
    Coordinator (and police, if desired by the Complainant), who will take action when an incident is
    reported to them.
    In addition to the Title IX office, the following resources are available for a Complainant or
    third-party (including parents/guardians when appropriate):
    On Campus Resources:
    Counseling and Student Development Center
    Confidential Resource
    McGowan Center Room 1017



    570-348-6245
    http://www.marywood.edu/csdc/
    Rev. Joseph P. Elston
    Confidential Resource
    Chaplain
    Swartz Center 135
    570-961-4723
    Health Services
    Confidential Resource
    Maura Smith, Director of Health Services
    mksmith@marywood.edu
    570-348-6249
    Loughran Hall Terrace Level
    Office of Disabilities Services
    Kaitlin Anderle, Director of Student Disability Services
    kaanderle@marywood.edu
    570-348-6211 x2335
    Learning Commons, Room 166
    Community Resources:
    Geisinger Community Medical Center
    1800 Mulberry St
    Scranton PA 18510
    570-969-8000
    www.cmccare.org
    Moses Taylor Hospital
    700 Quincy Ave
    Scranton PA 18510
    570-770-5000
    www.mosestaylorhospital.net
    Regional Hospital of Scranton
    746 Jefferson Ave
    Scranton PA 18510
    570-348-7100
    www.regionalhospitalofscranton.net
    Women’s Resource Center
    570-346-4671
    www.wrcnepa.org
    Effective as of August 14, 2020

    History

    08/13/2020 - Approved by the President of the University as recommended by the President’s
    Cabinet at their August 13, 2020 meeting.

    Official Training Slides (August 2020)