1. INTRODUCTION Cabrini College seeks to foster and maintain a community of mutual respect and concern for all of its members. The College also expects all members of the Cabrini community to conduct themselves in a manner consistent with the Cabrini Mission Statement and its Core Values as described in the Code of Student Conduct, the Staff Handbook, and the Faculty Handbook.
There can be no greater violation of the terms of that community, or of the essential dignity of any member of it, than an act of sexual violence or sexual harassment. Sexual misconduct, including sexual harassment and sexual violence, is prohibited and will not be tolerated in any form. These acts constitute the deepest affront to Cabrini standards, and the College is committed to addressing and preventing sexual misconduct within its community.
Under Title IX of the Education Amendments of 1972 (Title IX), sexual violence is a form of sexual discrimination and is prohibited. Any person found responsible for such violations will face disciplinary actions up to and including dismissal or expulsion from the College. Acts of sexual violence may also be prosecuted under the Pennsylvania Criminal Code.
Should an incident of sexual misconduct, including sexual harassment or sexual violence occur, the College has both reporting procedures and support resources in place so that an individual does not need to face the effects of such an incident alone.
The first concern is for the safety, health, and well-being of those affected. Confidential and non-confidential (yet private) options for support and reporting are available both on and off campus, and are described in more detail in Section 5 & Appendix A.
Due to the nature of incidents involving gender-based violence, sexual misconduct and sexual harassment, Cabrini College has developed a process to specifically address these concerns.
As a result, the investigation and adjudication process for incidents of gender-based violence, sexual misconduct and sexual harassment will differ from the student conduct process that is highlighted in the Cabrini College Community Standards for Student Conduct.
2. THE LAW Title IX of the Education Amendments of 1972 is a federal law that prohibits sex discrimination in education. The law forbids sex discrimination in all university student services and academic programs including, but not limited to, admissions, financial aid, academic advising, residential life, athletics, discipline, recreational services, health, wellness and support services, academic assignments, and grading.
Title IX also forbids sex discrimination in university employment and recruitment consideration or selection.
Title IX violations include discrimination on the basis of sex or gender as well as include sexual harassment, sexual violence, sexual exploitation, sexual misconduct, dating violence, domestic violence, and stalking.
It is the policy of Cabrini College, in accordance with federal and state law, to prohibit unlawful discrimination. Sex discrimination includes a variety of behaviors that can limit or negatively impact an individual’s educational opportunity.
These behaviors include: sexual harassment, sexual violence, sexual misconduct, stalking, relationship violence (dating, domestic and intimate partner violence), gender identity, gender presentation and sexual orientation discrimination.
The Office for Civil Rights (OCR) in the U.S. Department of Education is responsible for enforcing Title IX. OCR engages in compliance enforcement to ensure that institutions that receive certain federal funds comply with Title IX.
3. SCOPE All members of this community—students (current and applicants), faculty, staff, applicants for employment, persons doing business with or acting on behalf of the College, and visitors to campus—are protected under this Policy, regardless of sexual orientation or gender identity.
All community members also share in the responsibility for creating and maintaining an environment that promotes the safety and dignity of each person. Towards that end, this Policy provides the framework for addressing all forms of discrimination within our community, preventing its occurrence and recurrence, and addressing its effects.
This Policy applies to all on-campus conduct, as well as any off-campus conduct that has an adverse impact on any member of the College community or the College.
Duty to ReportThe College strongly encourages reporting of any incident to the Title IX Coordinator or persons designated in Appendix C and/or to local law enforcement.
All College employees, except those who must maintain confidentiality by law (see Appendix A), are expected, and in some cases required, to report sexual assault, sexual harassment, and other sexual misconduct to the College authorities designated in this Policy.
However, certain individuals of the Cabrini Community are known as “responsible employees”. Federal law requires these individuals to report incidents, and accordingly these individuals are not able to maintain confidentiality.
Those individuals identified as “responsible employees” are:
When an incident is reported, the College will respond promptly and equitably to all allegations of sexual misconduct, sexual violence, or sexual harassment.
Anyone making a report, filing a complaint, or participating in the investigation or resolution of an allegation of sexual misconduct or sexual harassment, is protected by law and by this Policy from retaliation (see Section 5.A).
The College will take prompt responsive action to any retaliation.
4. TITLE IX COORDINATOR The College has appointed Susan Rohanna, Director of Human Resources, as its Title IX Coordinator.
The Title IX Coordinator oversees the College's centralized review, investigation, and resolution process for reports of sexual assault, sexual harassment, and other sexual misconduct, and coordinates the College’s compliance with Title IX.
See Appendix C for the complete Title IX Notice.
5. PROHIBITED CONDUCT AND DEFINITIONS When used in this Policy, “Complainant” refers to the person who reports that he or she has been the subject of sexual assault, sexual harassment, or other sexual misconduct and is usually a student, faculty, or staff member filing a complaint of a violation of this Gender-Based Sexual Misconduct and Sexual Harassment Policy.
In some cases Cabrini College may serve as the Complainant (e.g., in cases where a person involved in an incident of alleged sexual violence does not wish to participate in the process but the College decides that the alleged misconduct needs to be addressed through the process).
A “Respondent” is an individual alleged to have violated Cabrini College’s policy regarding sexual misconduct, sexual violence or sexual harassment.
Sexual Misconduct Sexual misconduct includes many behaviors including rape, non-consensual sexual contact, sexual assault, sexual violence, sexual harassment, sexual exploitation, indecent exposure, and any other discriminatory or harassing conduct, whether physical or verbal, based on sex or gender, that is nonconsensual or has the purpose or effect of threatening, intimidating, or coercing a person.
Sexual Assault Sexual assault occurs when a person engages in a sexual act or contact with another person without that person’s consent, or compels that person to participate in a sexual act or contact without consent; and/or by threat or coercion; by placing the other person in fear that any person will suffer imminent bodily injury; by substantially impairing the ability of another person to appraise or control conduct by administering or employing drugs or intoxicants without the knowledge or against the will of the other person; or when a person is under the age of 16.
Sexual assault can be committed by any person against any other person, regardless of gender identity, sexual orientation, or past or current relationship status. Sexual assault may occur with or without physical resistance or violence, and may occur if the Complainant and/or Respondent are under the influence of alcohol or other drugs.
Inappropriate Sexual Conduct Inappropriate sexual conduct includes unwelcomed sexual conduct that does not meet the definition of sexual assault but is sexually violating in nature. It includes but is not limited to the following:
Exception: This section is not intended to prohibit the use of sexually explicit materials that are reasonably related to the academic mission of the College.
Specifically, this section is not intended to proscribe or inhibit the use of sexually explicit materials, in or out of the classroom, when in the judgment of a reasonable person they arise appropriately to promote genuine discourse, free inquiry, and learning.
Sexual Exploitation Sexual Exploitation means to take advantage of another person without consent, including but not limited to:
Sexual Harassment Sexual harassment is defined as any unwelcome sexual attention, sexual advances, requests for sexual favors, and other verbal, visual, or physical conduct of sexual nature whenever:
Examples of potentially sexually harassing behaviors include, but are not limited to the following:
Domestic Violence Domestic violence includes felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim by:
Dating Violence Dating violence means violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim.
The existence of such a relationship shall be determined based on a consideration of the following factors:
Stalking Stalking is a pattern of repeated and unwanted attention, harassment, contact, or any other course of conduct directed at a specific person that would cause a reasonable person to fear his or her safety or the safety of others, or suffer substantial emotional distress.
This includes cyber stalking, a particular form of stalking in which electronic media is used to pursue, harass, or make unwelcome contact with another person.
Gender-Based Misconduct Gender-based misconduct includes discrimination or verbal, non-verbal or physical harassment, violence, or intimidation which is based on the person’s gender but which is not sexual in nature.
Consensual Amorous Relationships Policy Cabrini College seeks to maintain an educational atmosphere wherein students and faculty members, administration and staff interact in appropriate professional and pedagogic ways.
In keeping with this goal, any individual who has power or authority over another individual is not permitted to have a romantic or sexual relationship with that individual.
For example, faculty are not permitted to have romantic or sexual relationships with students who are enrolled in their classes.
Although it is recognized that the partners in the relationship may be full and willing participants, the responsibility for adhering to this policy and the consequences for violating it fall upon the individual in the authoritative position.
Violations of the policy will be handled though the Office of Human Resources. The sanctions imposed for violation of this policy will necessarily depend on the facts and circumstances of the case.
A. DEFINITON OF CONSENT and related terms
Consent Consent means words or actions, freely, unambiguously, and actively given by each party throughout a sexual encounter, which demonstrate each party’s willingness and agreement to continue to participate in agreed-upon sexual conduct.
Consent cannot be given when:
An objective standard will be used in determining whether a person’s judgment is “substantially impaired” by alcohol or drugs, or a physical or mental condition as described above is present.
That is, consent is not valid when:
Silence, non-communication, or a lack of resistance does not imply consent. Previous relationships or consent do not imply consent to future sexual conduct.
Consent to one form of sexual activity does not imply consent to other forms of sexual activity. Consent can be rescinded at any time.
The use of alcohol or drugs does not minimize or excuse a person’s responsibility for committing sexual misconduct, or for determining whether another is capable of giving consent, as described above.
Coercion Coercion is defined as compelling someone to act based on pressure, harassment, threats or intimidation. When someone makes clear that they do not want to engage in sexual contact, want it to stop, or do not wish to go past a certain point of sexual interaction, continued pressure beyond that point is coercive.
Retaliation Retaliating directly or indirectly against a person who has in good faith filed, supported, or participated in an investigation of a complaint of sexual misconduct as defined above is prohibited.
Retaliation includes but is not limited to ostracizing the person, pressuring the person to drop or not support the complaint, providing false or misleading information, or engaging in conduct that may reasonably be perceived to affect adversely that person's educational, living, or work environment.
The College will take immediate responsive action in instances of retaliation.
Campus Security Authority (CSA) A Campus Security Authority (CSA) is defined as:
A CSA who receives a report of a sexual offense must report the offense to the Office of Public Safety.
Student resident assistants or other persons with significant responsibility for student and campus activities who receive a report of sexual misconduct must report the incident to the Office of Public Safety within twenty-four (24) hours of receiving report of the alleged offense.
Specifically exempted from the definition of campus security authorities are pastoral or professional counselors when acting in that capacity. A pastoral counselor is defined as “a person associated with a religious order or denomination, is recognized by that religious order or denomination as someone who provides confidential counseling, and is functioning within the scope of recognition as a pastoral counselor.”
A professional counselor is defined as “a person whose official responsibilities include providing mental health counseling to members of the institution's community and who is functioning within the scope of his or her license or certification.”
6. HOW TO REPORT AN INCIDENT OF SEXUAL MISCONDUCT, SEXUAL VIOLENCE, OR SEXUAL HARASSMENT
A student Complainant may report to the Dean of Students, the Department of Public Safety and/or to local law enforcement.
A faculty or staff Complainant may report to the Title IX Coordinator identified in the Title IX Notice (and included in Appendix C of this Policy). An individual may pursue a complaint through the criminal process or through the College disciplinary process consecutively or concurrently.
The College encourages individuals who have experienced physical or sexual violence to seek immediate medical treatment and to make a prompt report to law enforcement in response to an incident of sexual violence in order to address immediate safety concerns, allow for the preservation of evidence, and trigger a prompt investigative and remedial response.
When the incident is reported to a campus resource, the College will help the individual get to a safe place and assist the individual in seeking immediate medical attention or in reporting an allegation to local law enforcement.
The College will provide transportation to the hospital, assist with notification of local law enforcement, and provide information about the College’s resources and complaint process.
The College will also provide appropriate interim measures, as needed, to help ensure the safety and well-being of the parties affected.
See Appendix B for more details on Interim Measures.
Reporting Options and Medical Care
Cabrini College Department of Public Safety | 610-902-8245
Local Law Enforcement - Radnor Township Police | 610-688-0503
Medical or Hospital Care
Cabrini College Student Health Center | 610-902-8400
Philadelphia Sexual Assault Response Center | 215-425-1625
Bryn Mawr Hospital |484-337-3000
An individual’s physical well-being should be addressed as soon as possible, whether or not that individual wishes to make a report to the College or local law enforcement.
A medical provider can provide emergency and/or follow-up medical services, which has two goals: first, to diagnose and treat the full extent of any injury or physical effect and, second, to properly collect and preserve evidence.
There is a limited window of time (typically 72 to 96 hours) following an incident of sexual violence to preserve physical and other forms of evidence for proof of a criminal offense.
In the event of a report immediately following an incident of sexual violence, an individual is encouraged to not shower, bathe, douche, brush teeth, drink, or change clothing prior to seeking medical treatment.
Similarly, any clothing or bedding should remain untouched pending collection by law enforcement.
Whether or not an individual has chosen how to proceed at the time of the medical examination, taking the step to gather evidence will preserve the full range of options to seek resolution through the College's complaint processes or through the pursuit of criminal action.
Please note that under Pennsylvania law, a medical provider may be required to notify law enforcement of a reported sexual assault under most circumstances. Although the medical provider will provide information to law enforcement, the individual may decline to speak with a law enforcement officer or participate in a criminal prosecution.
Confidential Reporting Options There are options for individuals to confidentially report incidents of gender-based or sexual misconduct.
The degree to which confidentiality can be protected depends upon the professional role of the person being consulted.
Pastoral counselors, professional counselors, and medical staff are able to provide confidentiality (within reasonable limits as described below) and will not disclose the details of your report to any outside source.
They include counselors such as those employed by the Cabrini College Counseling and Psychological Services, Cabrini College Health Services, and the Cabrini College Chaplain.
Exceptions to maintaining confidentiality are generally set by law; for example, confidential resources may need to report certain incidents.
The grounds for breaking confidentiality include when a minor or elderly person is involved in an allegation of abuse; there is imminent harm to self or others; or an individual has been subpoenaed to testify in a criminal case.
If you would like to access any of the above listed confidential resources, please contact:
Formal Reporting Options Mandated reporters, also known as “responsible employees,” identified in Section 3 of this Policy are members of the Cabrini community who are required as part of their role to report incidents.
Federal law requires these staff members to report information and they are not able to maintain confidentiality. Mandatory reporters are required to report the details of any incident to the Title IX Coordinator or appropriate deputy Title IX Coordinator.
The report must include the name of the alleged victim, the alleged perpetrator, and the date, time, location, and nature of the incident. Prior to information being disclosed to a mandated reporter, the responsible employee should make clear to the complaining individual that they are not a confidential resource and refer the individual to the appropriate confidential resources if they do not want the information shared to be disclosed.
In so doing, however, the responsible employee should take care that in identifying themselves as a non-confidential resource that they do not discourage an individual from making a report.
Under the Clery Act, Cabrini College is required by law to report specified factual details about incidents occurring on campus property.
As required by law, all disclosures to any Cabrini College community member who is designated as a responsible employee of an act of violence or intimidation (including Gender-Based Misconduct, Sexual Assault and Violence) must be reported for statistical purposes only to Cabrini College Public Safety, which has the responsibility for tabulating and annually publishing crime statistics.
The information provided for statistical reporting will not include any personally identifiable information and will be limited to the date, time, location, and nature of the incident.
The Clery Act also requires the College to issue “timely warnings” in response to reports of Sexual Assault or Violence that may affect campus safety. In the instance of an immediate and serious threat to the College community, Cabrini College Public Safety will issue a security alert.
When a victim of an act of Gender-Based Misconduct, Sexual Assault and Violence contacts Public Safety, the appropriate law enforcement agency may also be notified. If the incident reported can be classified as a felony offense, law enforcement will automatically be notified regardless of whether an individual wishes to pursue prosecution.
A representative from the College will also be notified and respond to provide resources and support for the individual.
The filing of a complaint of Gender-Based Misconduct, Sexual Assault, and Violence under this policy is independent of any criminal investigation or proceeding (except that the College’s investigation may be delayed temporarily while the criminal investigators are gathering evidence) and the College will not wait for the conclusion of any criminal investigation or proceedings to commence its own investigation and take interim measures to protect the individual and the Cabrini College community.
Requests for Confidentiality Cabrini College will make every effort reasonably possible to preserve an individual’s privacy and protect the confidentiality of information.
If the individual does not wish to pursue a formal complaint and/or requests that their complaint remain confidential the individual will be informed that the College’s ability to respond may be limited, and that Title IX still requires the College to investigate and take reasonable action in response to the individual’s information.
The following factors will be considered when assessing the individual’s request for confidentiality: the severity of the alleged Gender-Based Misconduct, Sexual Assault and Violence; whether there have been other complaints of gender-based or sexual misconduct against the same alleged perpetrator; and the alleged perpetrator’s right to receive information about the allegations if the information is maintained by the University as an “education record” under FERPA.
Students alleged with a violation of Community Standards for Student Conduct are afforded certain due process rights. One of those rights includes the ability to know one’s accuser. The alleged perpetrator will be provided with the name of the individual.
The Title IX Coordinator will be responsible for evaluating requests for confidentiality based on the criteria above. The individual will be informed by the Title IX Coordinator if the College cannot ensure confidentiality, and Respondent will be made aware of the College’s decision to pursue the allegations against the wishes of the alleged perpetrator.
Granting a request for confidentiality will not prevent the College from undertaking an appropriate inquiry, issuing a “no-contact” order, or taking other reasonably necessary measures to protect the alleged victim and campus community.
Retaliation Cabrini College and Title IX do not allow threats or other forms of retaliation against a student, staff, or faculty who files a complaint. Retaliation is conduct that creates an intimidating, hostile, or offensive working, residential, or education environment.
Retaliation also includes harassment of a Complainant or other person or organization alleging misconduct, including but not limited to, intimidation, threats, and interference. It is a violation of College policy to retaliate against any person making a complaint of Gender-Based Misconduct, Sexual Assault and Violence or against any person cooperating in the investigation of any allegation of gender-based or sexual misconduct.
Retaliation should be reported promptly and may result in disciplinary action independent of the sanction or interim measures imposed in response to the underlying allegations.
Drug and Alcohol Use Gender-Based Misconduct, Sexual Assault, and Violence is a serious issue and Cabrini College’s primary concern is ensuring that individuals feel comfortable reporting a complaint.
As such, the College does not want to discourage victims from reporting an incident because they have participated in the consumption of alcohol or drugs.
A Complainant, in addition to bystanders and witnesses acting in good faith, who are reporting an incident of Gender-Based Misconduct, Sexual Misconduct, and Sexual Harassment will not be subject to the College’s disciplinary proceedings if alcohol or drug consumption that is in violation of the Community Standards for Student Conduct has taken place.
In addition, the use of alcohol and/or drugs by either party will not diminish the alleged student’s responsibility as consent is not valid if given while an individual is incapacitated by alcohol and/or drugs.
7. WHAT TO EXPECT ONCE A COMPLAINT HAS BEEN FILE
Standard of Evidence Investigations involving allegations of acts of Gender-Based Misconduct, Sexual Misconduct and Sexual Harassment will be conducted promptly and be fair, equitable, and impartial.
The standard of proof in such disciplinary proceedings shall be that of the “preponderance of the evidence” or that it is more likely than not that what the Complainant alleges is true.
Time Limits for Reporting There is no time limit to invoking this policy in responding to complaints of alleged Gender-Based Misconduct, Sexual Misconduct and Sexual Harassment. Nevertheless, students, faculty, and staff are encouraged to report allegations immediately in order to maximize the College’s ability to obtain evidence, and conduct a thorough, impartial and reliable investigation.
Failure to promptly report alleged gender-based or sexual misconduct may result in the loss of relevant evidence and witness testimony, and may impair the College’s ability to enforce this policy.
Receipt of Report Upon receipt of notice of any allegation of Gender-Based Misconduct, Sexual Misconduct, and Sexual Harassment , the Complainant will be followed up with to gain more information, assess how they would like to proceed, and have resources and options provided to them.
Complainants and alleged Respondents will be provided a written copy of this policy. Both the Complainant and the Respondent will have a College support person offered to them that can assist with providing support during the process. The College support person may be present to serve as their advisor during the investigative process.
If the College support person is not utilized, the Complainant and/or the Respondent may select an alternative advisor of their choice. This person will act as a support person or advisor but will not represent either party nor will they be allowed to speak on behalf of either party.
The Complainant and Respondent are entitled to have one advisor present during the investigative process. Depending on how the report was initially received (immediately reported to Public Safety, or reported in person to a responsible employee and/or the Title IX Coordinator or deputy Title IX Coordinator), the process may vary slightly but will adhere to the investigative and adjudication procedures as described below.
If the Complainant files a report and wishes to move forward with the formal investigative and adjudication process, a formal complaint will be sent to the Investigators for further investigation. The formal complaint will set forth the name of the alleged perpetrator, and the date, location, and nature of the alleged misconduct.
If the Complainant does not wish to move forward with a formal complaint, the option for informal resolution of the complaint will be explored if appropriate.
Some minor incidents can be resolved through mediation or other interventions as long as both parties agree to participate voluntarily. Mediation and other forms of informal resolution are not appropriate for any form of sexual assault, domestic violence, dating violence, or stalking and will not be an option.
A Complainant may change their mind at any point in time and pursue a formal complaint, regardless of where they are currently engaged in the informal resolution process.
Even if a Complainant does not wish to file a report or participate in any form of informal resolution, Cabrini College is still required to provide reasonable accommodations that are deemed appropriate for the situation, including but not limited to, directing appropriate College officials to alter the alleged victim’s and/or Complainant’s academic, housing, and/or employment arrangements, as well as assisting the Complainant with referrals to counseling and obtaining orders of protection. Any interim measures taken will be designed to minimize the burden on the Complainant as much as possible. Interim Measures In all complaints of alleged Gender-Based Misconduct, Sexual Misconduct and Sexual Harassment, regardless of whether the Complainant wishes to pursue a formal complaint, Cabrini College will investigate and take prompt and effective action as is reasonably practicable under the circumstances to support and protect the Complainant.
This includes taking interim actions pending the investigation. These interim actions are designed to end the harassment, eliminate the hostile environment, and prevent recurrence. Additionally, they help to ensure that a thorough and impartial investigation can take place in a timely manner.
Accordingly, the Title IX Coordinator or his/her designee may impose a “no-contact” order, which will prohibit communication between the parties involved, including in person communication, through third parties, or via electronic means.
Violation(s) of the Title IX Coordinator’s directives and/or administrative actions may lead to additional violations.
Decisions regarding reasonable interim measures will be implemented with the input of the Complainant, as long as the desired actions do not interfere with protecting the community from any immediate threat of harm.
The Title IX coordinator or appropriate College professional may take any further protective action that they deem appropriate concerning the interaction of the parties pending the hearing, including, but not limited to, directing appropriate College officials to alter the alleged victim’s and/or Complainant’s academic, college housing, and/or college employment arrangements, as well as assisting the Complainant with referrals to counseling.
Any interim measures taken will be designed to minimize the burden on the Complainant as much as possible. Victims of Gender-Based Misconduct, Sexual Misconduct and Sexual Harassment also have the right to report the incident to law enforcement and file for an order of protection from the court.
Cabrini College will do everything within its means to support the Complainant, including providing assistance with obtaining and executing orders of protection with outside law enforcement and taking other necessary actions to protect the Complainant, such as implementing internal campus no-contact orders.
Complainants will be provided written notification of their options. These options are available regardless of whether the Complainant reports the incident to the campus public safety department or to law enforcement.
Interim suspension may be imposed on the Respondent only: (a) to ensure the safety and well-being of members of the College; (b) to ensure physical or emotional safety and well-being; or (c) if the Respondent poses a definite threat of disruption of or interference with the normal operations of the College.
During interim suspension, the Respondent may be denied access to campus property, classes and/or all other College activities or privileges which are determined to be appropriate.
Bystander Intervention The College strongly encourages all community members to take reasonable and prudent actions to prevent or stop an act of sexual violence and sexual harassment. Campus community members who choose to exercise this positive moral obligation will be supported by the College and protected from retaliation.
Taking action may include direct intervention, calling Public Safety or law enforcement, or seeking assistance from a person in authority. False Reports A good faith complaint that is not substantiated does not constitute a false report.
Submission of a good faith complaint, concern, or report under this Policy will not affect a Complainant’s employment, grades, academic standing, or work assignments.
An individual found to have made a false complaint or report or to have knowingly and willingly given false information during an investigation will be subject to disciplinary action.
8. INVESTIGATIVE HEARING PROCESS
The following provisions apply to cases of Gender-Based Violence, Sexual Misconduct, and Sexual Harassment:
Undergraduate/Graduate Students: Formal Undergraduate/Graduate Student complaints will be forwarded to the Investigators designated by the Title IX Coordinator.
Investigators are typically comprised of staff members within Cabrini College who have received annual training on how to conduct investigations that protect the safety of the Complainant and promote accountability.
In addition, they also receive training on issues related to dating violence, domestic violence, sexual assault, and stalking. The College also reserves the right to hire independent Investigators.
Faculty and Staff: In order to avoid any conflicts of interest, the college has partnered with outside independent Investigators specializing in these types of incidents to investigate any complaints involving faculty or staff.
The Process The Investigators are neutral fact-finders, who, during the course of the investigation, typically conduct interviews with the Complainant, the alleged Respondent and third-party witnesses; visit and take photographs at each relevant site; and, where applicable, coordinate with law enforcement agencies to collect and preserve relevant evidence.
They will complete an Investigative Report which will include a summary of the items listed above. A typical investigation will be completed within sixty (60) days, if not sooner.
Should there be a need for the investigation to extend beyond the standard sixty (60) day timeframe, the reasons for the extension will be formally documented and communicated to both parties.
Extensions will only be considered and granted for good cause (e.g., complexity of allegations, evidentiary issues, number of witnesses involved, effect of concurrent criminal investigation or intervening school breaks and vacations).
Both parties have a right to present witnesses and information during the investigative hearing process.
A list of potential witnesses, as well as any additional information either party plans to present, should be submitted to the Investigator during the investigative hearing process. Witnesses must be able to provide relevant, first-hand information regarding the incident. Character witnesses will not be allowed.
The appropriateness and relevancy of the witness and their testimony in the investigative hearing process will be determined by the Investigator. The Investigator may elect to rely upon the statements of witnesses contained in the investigative report if such witnesses are unavailable.
The Complainant and Respondent will never be in the same room at the same time. Only the Investigator may question the individual parties and any witnesses. Both the Complainant and Respondent may submit a list of questions to the Investigator that they would like the Investigator to consider asking the other party.
These questions will be asked at the discretion of the Investigator, who may choose to reframe questions or omit questions that are deemed to be irrelevant or redundant.
If the Investigator determines that unresolved issues exist that would be clarified by the presentation of additional information and/or speaking to any party, the Investigator may postpone the investigative process and reconvene it in a timely manner to receive such additional information.
Both the Complainant and the Respondent may have their College support person present to serve as their advisor during the hearing process. If the College advocate is not utilized, either party may select an alternative advisor of their choice.
Investigative hearings will not be unreasonably postponed due to the unavailability of the Complainant’s of Respondent’s advisor of choice. Advisors are to serve only in a supportive role and may not represent or speak on behalf of the Respondent.
Such proceedings will be conducted by an Investigator who has received annual training on issues related to acts of sexual or gender-based misconduct, and how to conduct an investigation and hearing process that protects the safety of Complainants and promotes accountability.
The Respondent has the option not to provide testimony. However, the exercise of that option will not preclude the Investigator from proceeding and determining the complaint on the basis of the Investigative Report and other available information.
Using the standard of preponderance of evidence, the Investigators will recommend whether or not there has been a violation of this Policy. The Investigators will specify which alleged violations of this Policy (which type or types of gender-based or sexual misconduct) and, if applicable, which other, related alleged misconduct should be adjudicated.
For investigations involving only students, the Dean of Students/Deputy Title IX Coordinator reserves the right to add to or modify the alleged violations specified by the Investigators.
The Investigative Report will be distributed to the Dean of Students/Deputy Title IX Coordinator.
The Investigative Report will be made available for both the Complainant and Respondent to review in person during a scheduled appointment with the Dean of Students/Deputy Title IX Coordinator.
For investigations involving faculty and/or staff, the Title IX Coordinator reserves the right to add to or modify the alleged violations specified by the Investigators.
The Investigative Report will be distributed to the Title IX Coordinator and will be made available for both the Complainant and alleged Respondent in writing.
Notification of Outcome The outcome of the investigative hearing process will be communicated to both parties in writing via e-mail, concurrently. This letter will be sent within five (5) business days after the hearing process has concluded, barring any exigent circumstances that may cause reasonable delays.
The final outcome letter will include, as required by the Clery Act and Title IX, the name of the alleged Respondent; the alleged violation(s) and the finding of responsibility; the sanction(s) or disciplinary action imposed, if any; and information regarding the appeal process.
Both the Complainant and alleged will be informed of the outcome of the hearing process and the outcome of any appeal without a commitment to protect the confidentiality of the information, pursuant to Clery Act Regulations.
Sanctions and Remedies for Students Any student found responsible for violating the policy on Inappropriate Sexual Conduct, specifically nonconsensual physical contact of a sexual nature (where no intercourse has occurred) will likely receive a sanction ranging from probation to expulsion, depending on the severity of the incident, and taking into account any previous violations of the Community Standards for Student Conduct.
Any student found responsible for violating the policy on Sexual Assault (nonconsensual or forced sexual intercourse) will likely face a recommended sanction of suspension or expulsion.
Any student found responsible for violating the policy on Sexual Exploitation or Sexual Harassment will likely receive a recommended sanction ranging from warning to expulsion, depending on the severity of the incident, and taking into account any previous violations of the Community Standards for Student Conduct.
Any student found responsible for violating the policy on Stalking will likely face a recommended sanction ranging from probation to expulsion, depending on the severity of the incident, and taking into account any previous violations of the Community Standards for Student Conduct.
Any student found responsible for violating the policies of Domestic or Dating Violence will likely received a recommended sanction ranging from suspension to expulsion, depending on the severity of the incident.
The Dean of Students/Deputy Title IX Coordinator reserves the right to broaden or lessen any range of recommended sanctions in the case of serious mitigating circumstances or egregiously offensive behavior. Other remedies may also be offered and provided.
Appropriate remedies may include, but are not limited to:
Disciplinary Action and Remedies for Faculty and Staff If a faculty or staff member is found responsible for violation of any part of this Policy, the Title IX Coordinator in consultation with the area Vice President will determine appropriate disciplinary action.
Any faculty or staff member found responsible for violating the policy on Inappropriate Sexual Conduct, specifically nonconsensual physical contact of a sexual nature (where no intercourse has occurred) will likely receive a discipline ranging from counseling to termination, depending on the severity of the incident, and taking into account any previous violations of Cabrini Policies.
Any faculty or staff member found responsible for violating the policy on Sexual Assault (nonconsensual or forced sexual intercourse) will likely face a recommended disciplinary action of termination.
Any faculty or staff member found responsible for violating the policy on Sexual Exploitation or Sexual Harassment will likely receive a recommended disciplinary action ranging from warning to termination, depending on the severity of the incident, and taking into account any previous violations of Cabrini policies.
Any faculty or staff member found responsible for violating the policy on Stalking will likely face a recommended disciplinary action ranging from warning to termination, depending on the severity of the incident, and taking into account any previous violations of Cabrini policies.
Any faculty or staff member found responsible for violating the policies of Domestic or Dating Violence will likely receive a recommended disciplinary action ranging from suspension to termination, depending on the severity of the incident.
The Title IX Coordinator reserves the right to broaden or lessen any range of recommended sanctions in the case of serious mitigating circumstances or egregiously offensive behavior.
Other remedies may also be offered and provided. Appropriate remedies may include, but are not limited to:
Appeals Either party may appeal the decision by filing an appeal to the Title IX Coordinator within five (5) business days after delivery of the formal outcome. Both parties will be informed in writing if either party appeals, any change to the result, and when such results become final.
Appeal requests must fall into one of the following grounds:
The appeal shall consist of a concise, written statement outlining the grounds for the appeal.
Student Appeals Process Upon receipt of an appeal from the Title IX Coordinator, the Dean of Students or his/her designee will notify both parties. Each party will have an opportunity to respond, in writing, to the appeal.
Responses to the appeal by either the Complainant and/or Respondent must be submitted to the Dean of Students or his/her designee within five (5) business days from receipt of the appeal.
In any request for
an appeal, the burden of proof lies with the party requesting the appeal, as the original determination and sanction are presumed to have been decided reasonably and appropriately.
The Dean of Students or his/her designee shall consider the merits of an appeal only on the basis of the three (3) grounds for appeal identified above and any supporting information provided in the written request for appeal and the record of the original hearing.
The Dean of Students or his/her designee can affirm the original findings, alter the findings, and/or alter the sanctions, depending on the basis of the requested appeal.
If the appeal is based on procedures not having been followed in a material manner, the Dean of Students or his/her designee can ask that a new hearing occur before a newly appointed Investigator.
In the case of new and relevant information, the Dean of Students or his/her designee can recommend that the case be returned to the original Investigator to assess the weight and effect of the new information and render a determination after considering the new facts.
Typically, the Dean of Students or his/her designee will communicate
the result of the appeal to the student requesting
the appeal within ten (10) business days from the date of the submission of all appeal documents by both parties, but the time may be longer or shorter depending on the nature of the case. Appeal decisions are final.
Faculty and Staff Appeals Process Upon receipt of an appeal from a faculty or staff member, the Title IX Coordinator or his/her designee will notify both parties.
Each party will have an opportunity to respond, in writing, to the appeal. Responses to the appeal by either the Complainant and/or Respondent must be submitted to the Title IX Coordinator or his/her designee within five (5) business days from receipt of the appeal.
The Title IX Coordinator or his/her designee shall consider the merits of an appeal only on the basis of the three (3) grounds for appeal identified above and any supporting information provided in the written request for appeal and the record of the original hearing.
The Title IX Coordinator or his/her designee can affirm the original findings, alter the findings, and/or alter the sanctions, depending on the basis of the requested appeal. If the appeal is based on procedures not having been followed in a material manner, the Title IX Coordinator or his/her designee can ask that a new hearing occur before a newly appointed Investigator.
In the case of new and relevant information, the Title IX Coordinator or his/her designee can recommend that the case be returned to the original Investigator to assess the weight and effect of the new information and render a determination after considering the new facts.
Typically, the Title IX Coordinator or his/her designee will communicate
the result of the appeal to the faculty or staff member requesting
the appeal within ten (10) business days from the date of the submission of all appeal documents by both parties, but the time may be longer or shorter depending on the nature of the case. Appeal decisions are final.
Reporting to Local Law EnforcementThe College process and the criminal justice process are separate and independent courses of action.
A Complainant who wishes to pursue a criminal complaint is encouraged to make a report to local law enforcement.
Incidents occurring on campus are within the jurisdiction of the Radnor Township Police Department.
Actions occurring off campus are within the jurisdiction of one of several surrounding townships.
If the Complainant does not know in which township the incident occurred, the Complainant should contact Public Safety or 911 for assistance.
Upon request, the Sexual Assault Resource Coordinator or a representative of the Department of Public Safety will accompany a Complainant to the local police department and assist a Complainant in making a criminal report.
Notifying local law enforcement will generally result in the Complainant and in some cases the Respondent, being contacted by a police officer. The police will determine if a criminal investigation will occur and if the case will be referred for prosecution.
Unless there are compelling circumstances (e.g., Complainant is under 18, or risk of immediate danger), the College will typically not file an independent police report without the consent of the Complainant.
Other Potential Code of Student Conduct Violations Consistent with the College’s Mission and belief that all members have an obligation to promote and protect the health, safety, and welfare of our community, the College strongly encourages all individuals to report any incident of sexual misconduct, sexual violence, or sexual harassment so that those affected can receive support and resources.
A student who reports such misconduct, either as a Complainant or a third party witness, will not be subject to disciplinary action for his/her own personal consumption of alcohol or other drugs in violation of the College’s policies as described in the Code of Student Conduct.
The College may, however, initiate an educational discussion about the use of alcohol or drugs and their impact or pursue other educational remedies.
Complaints Any Cabrini College student, faculty, or staff member who has reasonable cause to believe that a student has violated this Policy, or who believes that she or he has been subjected to retaliation for having brought or supported a complaint of sexual violence against a student, is encouraged to bring that information to the immediate attention of the Dean of Students or the Title IX Coordinator.
Contact information for the Dean of Students and the Title IX Coordinator can be found in Appendix C.
A complaint may be brought verbally or in writing, and will ultimately need to be recorded in written form by the Complainant or a member of the staff involved with the investigation.
9. STATEMENT OF THE RIGHTS OF THE COMPLAINANT
10. STATEMENT OF THE RIGHTS OF THE RESPONDENT
APPENDIX A Campus and Community Resources For Sexual Violence and Sexual Harassment
Health Services Founders Hall, Room 89 610-902-8400, firstname.lastname@example.org
Counseling and Psychological Services: 610-902-8766
Short-term and crisis counseling is available for students who have been sexually assaulted or have had an upsetting sexual encounter.
These services are confidential, except in the limited circumstances described herein. Mental-health professionals are required to report to law enforcement authorities the sexual assault of a person under the age of 18, or where there is risk of immediate danger to self, others, or property.
Consequently, in some limited circumstances, providers may not be able—legally or ethically—to maintain confidentiality.
Campus Ministry: 610-902-8225 or 610-902-8438 The Campus Ministry staff is available to provide supportive counseling of all kinds.
Employee Assistance Program (for staff and faculty): 800-382-2377 The College's Employee Assistance Plan provides confidential counseling and referral services to reduce stress and improve the quality of life for employees. The EAP provides confidential assessment and referral services, and short-term counseling.
The services of the EAP are free to employees, up to the limits of the plan. All assistance is confidential; no one at Cabrini College will know that an employee has used the EAP.
Public Safety: 610-902-8245
Public Safety encourages any student, faculty, or staff member who has been sexually assaulted to report this incident to their office.
From a safety and investigatory standpoint, the sooner a sexual assault is reported, the better; even so, the department strongly encourages the reporting of sexual assaults.
Public Safety can help attend to the victim’s immediate needs. A request for assistance does not obligate students who have been assaulted to make a report to Public Safety.
Bryn Mawr Hospital: 484-337-3000
Individuals preferring to seek treatment off-campus may receive care at Bryn Mawr Hospital. The hospital staff offers medical treatment and can collect physical evidence.
There may be a Sexual Assault Nurse Examiner available, but this is not guaranteed.
Delaware County Woman Against Rape (WAR): 24-hour Hotline: 610-566-4342, www.delcowar.org
Women Organized Against Rape (WOAR) One Penn Center 1617 JFK Boulevard, Suite 1100 Philadelphia, PA 19103 24-hour Hotline: 215-985-3333
Interim Measures to Protect Safety and Well-Being
Following a report of sexual violence or sexual harassment, the College will provide interim support and reasonable protection against further acts of violence, harassment, or retaliation as needed, as well as provide services and resources to provide a safe educational and employment environment.
For a listing of services and resources, see Appendix A.
Individuals seeking such assistance should speak with the Dean of Students, or Title IX Coordinator.
The College will maintain consistent contact with the parties to ensure that all safety, emotional, and physical well-being concerns are being addressed.
The College will determine the necessity and scope of any interim measures pending the completion of the complaint process. Even when a Complainant or Respondent does not specifically request that protective action be taken, the College may still choose to impose interim measures at its discretion to ensure the safety of any individual, the broader College community, or the integrity of the review process.
All individuals are encouraged to report concerns about failure of another individual to abide by any restrictions imposed by an interim measure. The College will take prompt responsive action to enforce a previously implemented interim measure.
The College may impose any remedy that can be tailored to achieve the goals of this Policy, even if not specifically listed here. The range of interim measures includes:
1. No Contact Order: The Complainant or Respondent may request, or the College may impose, communication and contact restrictions to prevent further potentially harmful interaction.
These communication and contact restrictions generally preclude in person, telephone, electronic, or third-party communications.
An individual may also seek a protection/anti-harassment order from the local court of the Commonwealth of Pennsylvania. This is a civil proceeding independent of the College.
If a court order is issued the College will, to the extent possible, assist the protected person in benefitting from the restrictions imposed by the court and will also facilitate on-campus compliance with the order.
2. Escort: The College may provide an escort to a Complainant to ensure safe movement between classes and activities.
3. Academic, Employment, or Living Arrangements: A Complainant or Respondent may request a change in his/her own academic, employment, or living arrangements after a report of sexual violence or sexual harassment by speaking with the Dean of Students, or the Title IX Coordinator.
A request for an employment change in the case of sexual harassment where the Respondent is an employee may also be directed to the Title IX Coordinator. Upon request the College will inform the Complainant or Respondent of the options and will accommodate the request if those changes are reasonably available.
In some cases the College may initiate these changes without a request. These may include a change in class or work schedule, a change in living accommodations, academic accommodations, and/or a voluntary leave of absence.
Title IX Notice
Title IX of the Education Amendments of 1972 (“Title IX”) prohibits discrimination on the basis of sex in any federally funded education program or activity. Sexual harassment, which includes sexual violence, is a form of sex discrimination.
Under the College Sexual Violence and Sexual Harassment Policy, the College prohibits sexual harassment, sexual assault, sexual exploitation, stalking and retaliation. Title IX and the College’s Policy also applies to acts of intimate partner violence.
As a recipient of federal funds, Cabrini College complies with Title IX and has appointed Susan Rohanna, Director of Human Resources, as its Title IX Coordinator with overall responsibility for Title IX compliance.
Susan can be reached in Grace Hall, Room 160, at 610-902-8206, or at email@example.com.
Any student, employee, or applicant for employment or admission to the College, who believes that he or she has been discriminated against on the basis of sex, in violation of Title IX, or has been a victim of sexual violence or sexual harassment, may file a complaint with the Title IX Coordinator or Deputy Coordinators designated below.
The Title IX Coordinator or Deputy Coordinators will assist the Complainant in identifying the appropriate College policy (with its grievance procedure) to resolve the complaint in a prompt and equitable manner.
The Title IX Coordinator or Deputy Coordinators may consult with other Cabrini administrators, as needed, to resolve the complaint in the most effective manner.
The Title IX Coordinator is supported by several Deputy Title IX Coordinators, all of whom are knowledgeable and trained in state and federal laws that apply to matters of sexual assault, sexual harassment, or other sexual misconduct, as well as College policy and procedure.
Susan Rohanna│Title IX Coordinator Director of Human Resources Grace Hall Room 160 / 610-902-8206 / firstname.lastname@example.org
George Stroud │ Deputy Title IX Coordinator Assistant Vice President of Student Life/Dean of Students Founder’s Hall Room 91 / 610-902-8417 / email@example.com
Jacqueline Neary │Deputy Title IX Coordinator Student Athlete Wellness Coordinator and Senior Women’s Administrator Dixon Athletic Center / 610-225-3908 / firstname.lastname@example.org
Sexual Harassment by an Employee (not sexual violence), Report To:
Sexual Harassment by a Student (not sexual violence), Report To:
Sexual Violence by a Student, Report To:
Sexual Harassment by an Employee, Report To:
Gender Equity in Athletics, Report To:
Other Forms of Sex Discrimination Against a Student, Report To:
Notice of Non-Discrimination
The College seeks to provide all Cabrini community members with a safe and non-discriminatory environment free from harassment.
The College does not discriminate on the basis of personal characteristics such as race, color, national origin, religion, gender, sexual orientation, gender identity, age, veteran status, disability, or any other basis protected by federal or state law.
The College does not discriminate on the basis of sex in its education programs and activities or in the context of employment.
Sexual harassment, including sexual violence as defined in this policy, is a form of sex discrimination prohibited by Title IX of the Education Amendments of 1972.
Title IX requires that No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.
Sexual harassment is also prohibited under Title VII of the Civil Rights Act of 1964, the Pennsylvania Human Relations Act, and other applicable statutes.
Sexual Misconduct and Sexual Harassment Prevention Efforrts
Cabrini College is committed to the prevention of sexual misconduct and sexual harassment through education and awareness.
Throughout the year, programs designed to promote sexual misconduct awareness and prevention are presented by a variety of campus resources including New Student Orientation, New Employee Orientation, Health Services, peer educators and other Cabrini students, and Public Safety.
Additionally the College provides online and in-person training for faculty and staff. The College also promotes participation of student groups in prevention activities, through training provided in Residence Life, Athletics, Dean of Students, among others.
Prevention programs stress the added risks involved when the use of alcohol and/or illegal drugs is present. Incoming first-year students, as part of their orientation, attend programs that cover the topic of sexual violence given by the Dean of Students, Public Safety, and the Office of Residence Life.
Flyers about sexual misconduct and sexual harassment are posted in residence halls. The educational programs review strategies for prevention and inform faculty, staff, and students of options and resources available should such misconduct or harassment occur.