Memorandum #361—Policy Against Title IX Sex-Based Discrimination and Sex-Based Harassment 

Effective Date: August 1, 2024

Related Policies—Memorandum #357 Anti-Discrimination and Harassment Complaint Policy; Memorandum #358 Policy Against Sexual Misconduct, Relationship Violence and Stalking Not Covered by Title IX

(Incidents Occurring on or After August 1, 2024)

I.INTRODUCTION

Community College of Philadelphia is committed to maintaining an academic and working environment free of unlawful discrimination and harassment. Under this policy, forms of discrimination or harassment based on sex will not be tolerated. This policy prohibits sex-based discrimination in its education programs and activities, including admissions and employment. This policy also prohibits Title IX sex-based harassment by or against any student, faculty, administrator, staff, employee, vendor, contractor, volunteer, or visitor to the College. Title IX sex-based harassment includes sexual harassment, sexual assault, dating violence, relationship violence or stalking. As set forth in this policy, the College will take all appropriate steps to prevent and respond to incidents of sex-based discrimination and sex-based harassment in a prompt and equitable manner. The Investigation and Hearing procedures, set forth below, apply only to allegations covered by this policy.

Complaints of sex-based harassment in the form of unwelcome verbal or physical conduct based on sex or of a sexual nature that are not covered under this policy may be covered by the College’s Memorandum #358 Policy Against Non-Title IX Sexual Misconduct, Relationship Violence and Stalking, the College’s Memorandum #357 Anti-Discrimination and Harassment Complaint Policy and/or the Student Code of Conduct. 

This policy will:

• Define Title IX sex-based discrimination and sex-based harassment.
• Explain how to make a complaint of Title IX sex-based discrimination and sex-based harassment.
• Identify supportive measures and services available for complainants or respondents under this policy.
• Provide information on the Title IX process, including how complaints made under this policy are equitably investigated and the hearing process. 

II. POLICY

A. Scope of Policy

This policy applies to all students, faculty, administrators, staff, employees, vendors, contractors, volunteers, and visitors to the College, regardless of sexual stereotypes, sexual characteristics, pregnancy or related conditions, sexual orientation, and gender identity, or any other characteristic, and regardless of the sex or sexes of the parties involved, including when the parties involved are all of the same sex. Under this policy, the College has jurisdiction over complaints of sex-based discrimination, discrimination based on pregnancy or related conditions, sex-based harassment, sexual misconduct, domestic violence or stalking that occurs or impacts the College’s education program or activity, including conduct that occurs in a building owned or controlled by a student organization that is officially recognized by the College, and conduct that is subject to the College’s disciplinary authority. The College will address conduct that impacts or contributes to the hostile work environment even when the conduct occurs outside of the College’s education program or activity or outside of the United States.

Under this policy, the complainant may be an employee, student, which is defined as “a person who has gained admission to the College,” or any other person who was or attempting to participate in educational programming or activity at the time the conduct occurred who is alleged to have been subjected to sex-based discrimination or harassment. The Title IX Coordinator is responsible for determining whether a complaint of sex-based discrimination, discrimination based on pregnancy or related conditions, sex-based harassment, sexual misconduct, relationship violence or stalking is covered by this policy, the College’s Memorandum #357 Anti-Discrimination and Harassment Complaint Policy or the College’s Memorandum #358 Policy Against Non-Title IX Sexual Misconduct, Relationship Violence and Stalking.

B. Title IX Coordinator

The College’s Title IX Coordinator is responsible for overseeing the administration of this policy and the College’s response to reports made pursuant to this policy. The contact information for the Title IX Coordinator is:

Leila E. Lawrence
Diversity Compliance Officer & Title IX Coordinator
Office of Diversity and Equity
Mint Building, Room M2-7
1700 Spring Garden Street
Philadelphia, PA 19130
Phone: (215) 751-8036
E-mail: titleix@ccp.edu

C. Conduct Prohibited by this Policy

The following conduct is prohibited by this policy:

1. Sex-Based Harassment, defined as follows:
   1. Sexual Assault: Sexual assault includes any forcible or non-forcible sexual act directed against another person without the consent of said person, including instances where the person is incapable of giving consent. Sexual assault includes the offenses of rape, fondling, incest, statutory rape, forcible sodomy (oral or anal sexual intercourse), and sexual assault with an object. These terms and other forms of sexual assault are further defined by the Code of Federal Regulations and the Pennsylvania Crimes Code, as set forth in Appendix A of this policy. The conduct defined in Appendix A is also prohibited by this policy.
2. Sexual Harassment: Sexual harassment is unwelcome** verbal or physical conduct based on sex or gender or unwelcome verbal or physical conduct of a sexual nature (including sexual advances or requests for sexual favors) when:
   1. Submission to or rejection of such conduct is made implicitly or explicitly a term or condition of an individual’s employment, study, or participation in College-sponsored activities;  
   2. Submission to or rejection of such conduct is used as the basis for decisions affecting a person’s study, employment, or participation in College-sponsored activities; or
   3. The conduct, based on the totality of the circumstances, is subjectively and objectively offensive and is so severe or pervasive that it denies or limits a person’s ability to participate in or benefit from an education program or activity of the College;

   1. 1. **Conduct is “unwelcome” if it was not requested or invited by the complainant, and the complainant considered the conduct to be undesirable or offensive.  Participation in the conduct or the failure to complain does not always mean that the conduct was welcome. The fact that a person may have welcomed some conduct does not necessarily mean that a person welcomed other conduct. The fact that a person requested or invited conduct on one occasion does not mean that the conduct is welcome on a subsequent occasion. Examples of behavior which may be considered sexual harassment include, but are not limited to:

• • • • Direct or implied threats that submission to sexual advances will be a condition of employment, work status, promotion, grades or any other aide, benefit or service of the College;
      • Direct propositions of a sexual nature;
      • Sexually explicit statements, questions, jokes or teasing;
      • Unnecessarily touching, patting, hugging or brushing against a person’s body;
      • Remarks of a sexual nature regarding a person’s clothing, body, sexual activity, previous sexual experience, or sexual orientation;
      • Repeated requests for dates or social interaction made through verbal requests, social media, texts, notes telephone calls, facsimiles, e-mails, or other electronic communication;
      • Visual displays of inappropriate sexual images; and
      • Attempted or actual incidents of Sexual Assault, Sexual Violence, or any of the other conduct prohibited by this policy.

1. Sexual Violence: Sexual violence is physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent. A number of different acts fall into the category of sexual violence, including Sexual Assault.  
2. Relationship Violence is a broad term that includes the following behavior:
   1. Dating Violence: Dating violence is 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 the reporting party’s statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.
      Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse. Dating violence does not include acts covered under the definition of Domestic Violence.
      Note: Dating Violence is not defined under Pennsylvania law.
   2. Domestic Violence: Domestic Violence is a felony or misdemeanor crime of violence committed by:
   • A current or former spouse or intimate partner of the victim;
   • By a person with whom the victim shares a child in common;
   • By a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner;
   • By a person similarly situated to a spouse of the victim under the domestic or family violence laws of the Commonwealth of Pennsylvania; or
   • By any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the Commonwealth of Pennsylvania.
     Note: Domestic Violence is not defined under Pennsylvania law.
3. Stalking:
   Engaging in a course of conduct directed at a specific person that would cause a reasonable person to:
   • Fear for the person’s safety or the safety of others; or
   • Suffer substantial emotional distress.
     “Course of conduct” means two or more acts, including, but not limited to, acts in which the 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.
     “Reasonable person” means a reasonable person under similar circumstances and with similar identities to the victim.
     “Substantial emotional distress” means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.
     Stalking as defined by the Pennsylvania Crimes Code is also prohibited conduct under this policy. See Appendix A.
4. Discrimination Based on Pregnancy or Related Conditions: Pregnancy or related conditions is defined as:

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

5. Retaliation: Any adverse treatment that is reasonably likely to deter someone from making a complaint or participating in an investigation or disciplinary process under this policy. Retaliation can be verbal, written, graphic, electronic or physical, and can include but is not limited to intimidation, threats, coercion or unfavorable employment or educational actions directed toward an individual to deter them from making a complaint or participating in the investigation or disciplinary process. Retaliation also includes acts taken with the intent of seeking retribution against an individual who made a complaint or who otherwise participated in the investigation or disciplinary process. 

D. Important Information Regarding Prohibited Conduct

1. Consent
   

   As used in this policy, the term “Consent” means words or actions that show a knowing and voluntary agreement to engage in mutually agreed sexual activity. Consent must be ongoing throughout sexual activity and can be revoked at any time. Silence or absence of resistance will not necessarily imply consent. Assent (an affirmative statement or action) shall not constitute consent if it is given by a person who is unable to make a reasonable judgment concerning the nature or harmfulness of the activity because of their intoxication, unconsciousness, youth, mental deficiency or incapacity (also known as “Incapacitation”), or if the assent is the product of threat, force, or coercion. Consent to prior sexual activities does notconstitute consent to future acts. Consent to engage in sexual activity with one person does not imply consent to engage in sexual activity with another person. 

2. Prohibited Conduct Through Different Communication Mediums
   

   Violations of this policy may occur through various communication mediums,     including but not limited to, face-to-face contact, telephone, written notes, instant messages, text messaging, file sharing, voice chat, video chat, social networking, or blogging that occurs or impacts the College’s education program or activity, including conduct that occurs in a building owned or controlled by a student organization that is officially recognized by the College and conduct that is subject to the College’s disciplinary authority.**

   **Misconduct that occurs through the use of the above mediums and does not fall within the jurisdiction of this policy may still be investigated under the College’s Anti-Discrimination and Harassment Complaint Policy and Non-Title IX Policy Against Sexual Misconduct, Relationship Violence, and Stalking.

3. Attempting, Assisting, or Encouraging Prohibited Conduct
   An attempt to commit any of the prohibited conduct identified in this policy, or assisting or willfully or knowingly encouraging such prohibited conduct, may also be considered a violation of this policy.
4. Consensual Sexual or Romantic Relationships
   

   Consensual relationships occurring between supervisors and subordinates or faculty and students can lead to circumstances which may be interpreted as sex-based harassment. Consensual relationships may also be viewed as causing a hostile or offensive work or academic environment when other staff or students believe that the person(s) involved in the relationship(s) is/are receiving favorable treatment in employment or educational decisions and actions.  

   The College strongly discourages any sexual or romantic relationship between a faculty member and a student where the faculty member has authority or influence over, or responsibility for, that student. Similarly, the College discourages any sexual or romantic relationship between a supervisor and a staff employee, where the supervisor has authority or influence over, or responsibility for, that employee. Consensual relationships among faculty and students or supervisors and staff where such authority, influence or responsibility exists are strongly discouraged. Any consensual relationships which is subjectively and objectively offensive and is so severe or pervasive that it creates an offensive work or academic environments for other students or staff are prohibited.

E. Confidentiality

The College is committed to protecting the privacy of all parties involved in a complaint made under this policy, to the extent permitted by applicable law and subject to the College’s reporting obligations as described below. The College will treat all complaints with sensitivity, and reports, investigations and findings of hearing proceedings will only be shared in compliance with this policy and the law.  Any supportive measures will be kept as confidential as possible and shared only on a need-to-know basis. Information pertaining to complaints made under this policy will be kept in a secure manner.

III. REPORTING VIOLATIONS OF THIS POLICY

A complaint of sex discrimination may be made in person, by mail, telephone or email to the Title IX Coordinator. A complaint may also be reported to the Department of Public Safety or any other employee of the College. The Title IX Coordinator may also initiate a complaint of sex-based discrimination when notified of conduct that may reasonably constitute sex-based discrimination in the absence of a complaint or the withdrawal of allegations, and in the absence or termination of an informal resolution process. The contact information for the Title IX Coordinator and Department of Public Safety is:

Title IX Coordinator
Office of Diversity and Equity
Mint Building, Room M2-7
1700 Spring Garden Street
Philadelphia, PA 19130
Phone: (215) 751-8036
E-mail:  titleix@ccp.edu

Department of Public Safety
Mint Building, Room MG-12
1700 Spring Garden Street
Philadelphia, PA 19130
(215) 751-8111 or X5555

Complaints involving students may also be made with the Dean of Students. The contact information for the Dean of Students is: 

Office of the Dean of Students
Winnet Student Life Building
Room S1-10
1700 Spring Garden Street
Philadelphia, PA 19130
Phone: (215) 751-8161
E-mail: judicial@ccp.edu

*Allegations of Sexual Assault, Relationship Violence, and Stalking received by the Title IX Coordinator and/or Dean of Students will also be reported to the Director of Public Safety.

A. Complaints to Other College Employees

The College understands that not every individual will be comfortable making a report to the offices or departments outlined above, and some individuals will prefer to report allegations of potential violations of this policy to an employee of the College that he, she or they trust. For example, a student may choose to make a report to their instructor or counselor, or an employee may choose to make a report to their supervisor. Employees who become aware of an allegation of sex-based discrimination, discrimination based on pregnancy or related condition, sex-based harassment or sexual misconduct must:

1. Notify the Title IX Coordinator, if you are:

• Any employee with authority to institute corrective measures on behalf of the College.
• Any employee with responsibility for administrative leadership, teaching, or advising.
• Notify the Title IX Coordinator or provide information about how to make a complaint to the reporting individual, if you are any other employee who is not a Confidential Employee.

“Confidential Employee*” is defined as:

• An employee whose communications are privileged or confidential under state and/or federal law;
• An employee designated as confidential by the College; or
• Researchers conducting IRB approved human research.

*An employee’s confidential status is limited to information received about sex discrimination in connection with providing those services and/or conducting research within the scope of their employment.

B. Reporting of Pregnancy or Related Conditions

Any College employee who is informed by a student, or a person who has a legal right to act on behalf of the student, of the student’s pregnancy or related conditions must promptly provide that student with the Title IX Coordinator’s contact information and inform the student that the Title IX Coordinator can coordinate specific actions to prevent sex discrimination and ensure the student’s equal access to the College’s education program or activity. This reporting requirement does not apply if the employee reasonably believes that the Title IX Coordinator has already been notified of the student’s pregnancy.

C. Contents of a Complaint

An individual will be asked to provide as much detail as possible in making a complaint, including the name and contact information of the complainant, the respondent, and any witnesses (if known); the date, time, and location of the incident; a description of the prohibited conduct; supporting documentation or other evidence (pictures, texts, emails, etc.), if any; and any other information which would assist the College in appropriately investigating and responding to the report. The respondent is the person who is alleged to have violated the College’s prohibition on sex discrimination.

D. Anonymous Reporting

In order to maximize the College’s ability to effectively investigate and respond to reports under this policy, the College encourages individuals to provide identifying information when making a complaint under this policy. However, the College will accept anonymous complaints. Individuals who wish to make an anonymous report of violations of this policy may do so via the College’s EthicsPoint confidential reporting system at www.ethicspoint.com, or via the Department of Public Safety’s online reporting system at https://www.myccp.online/safety-and-security/report-crime-or-suspicious-activity.

The College will make all reasonable efforts to investigate and respond to reports filed anonymously, however, the College may be limited in its ability to fully investigate and resolve the report depending upon the level of information available in the report.  

E. Who May Report 

1. Complaints of sex discrimination, including complaints of sex-based harassment may be filed by the following:

1. Complainant, which includes:
2. College students or employees who allege they have been subjected to conduct that could constitute sex discrimination.
3. Any individual other than a student or employee who is alleged to have been subjected to conduct that could constitute sex discrimination at a time when that individual was participating or attempting to participate in the College’s education program or activity.

b. A parent, guardian or other authorized legal representative with the legal right to act on behalf of a complainant.

c. The College’s Title IX Coordinator.

2. Complaints of sex discrimination other than sex-based harassment may be filed by the following:

1. Any student or employee of the College.
2. Any individual other than a student or employee who was participating or attempting to participate in the College’s education program or activity at the time of the alleged sex discrimination.

While there is no required time frame for submitting reports under this policy, the College strongly encourages reporters to submit a report as soon as possible to maximize the College’s opportunity to effectively investigate and respond to the report. Individuals who make a report pursuant to this policy will receive a copy of this policy or be provided with the link to this policy on the College’s website.   

F. Criminal Report

A complainant who alleges to have been the victim of Sexual Assault, Relationship Violence, or Stalking also has the right to pursue criminal action against the respondent, including seeking a protective order. Whether or not the complainant chooses to seek criminal action is within the discretion of the complainant. If requested by the complainant, the College will provide reasonable assistance or other support in notifying law enforcement of the report. The College will cooperate with a criminal investigation to the extent permitted by law. The College reserves the right to notify law enforcement of reports made pursuant to this policy if the College determines that such notification is necessary to protect the health and safety of the College community or the public.  

An individual may choose to pursue criminal action at any time. The College encourages individuals contemplating pursuing criminal action to consult with law enforcement as soon as possible after the alleged incident in order to ensure that any physical and other forms of evidence are preserved in as timely a fashion as possible.    

Complaints made pursuant to this policy are completely separate from a criminal investigation. Even if a criminal investigation is ongoing, the College will still conduct its own investigation in accordance with this policy. While the criminal investigation is pending, law enforcement may require the College to delay or otherwise temporarily limit its own investigation, which may delay the College’s resolution of the report. The College will comply with any such request by law enforcement to the extent permitted by law and continue with its investigation as soon as reasonably practicable. 

G. False Reports

A complaint made under this policy which is later found to be knowingly or intentionally false or made maliciously without regard for truth may result in the complainant being subject to disciplinary action. Complaints made in good faith, even if the allegations are not substantiated, will not result in discipline.

H. College’s Reporting Obligations

The College’s Department of Public Safety must keep a daily crime log to record all criminal incidents and alleged criminal incidents reported to the Department of Public Safety. Reports made pursuant to this policy may trigger the Department of Public Safety’s responsibility to update the daily crime log. The daily crime log includes the date and time the crime was reported; the date and time the crime occurred; the nature of the crime; the general location of the crime; and the disposition of the report, if known. The daily crime log does not include personally identifiable information and includes only enough information about the incident to identify the type of crime alleged. The daily crime log for the most current 60 days is made available for public inspection during regular business hours, and daily crime logs older than 60 days are made available upon request.  

The Department of Public Safety will also issue timely warnings regarding certain crimes which the College considers to represent a serious or continuing threat to students or employees. Certain reports made under this policy may result in the issuance of a timely warning. The Department of Public Safety will decide whether a timely warning is appropriate on a case-by-case basis depending upon various factors including but not limited to the nature of the crime, the continuing danger to the campus community, and the potential risk of compromising law enforcement efforts. The College will not release personally identifiable information regarding the alleged victim in a timely warning. The College may, in appropriate circumstances, include personally identifiable information regarding an alleged perpetrator in a timely warning.  

Reports made pursuant to this policy which involve Relationship Violence, Sexual Assault, and Stalking will be included in the College’s annual report of crime statistics in the College’s Annual Security Report, which is made available to the public, and to the U.S. Department of Education, as required by law. Reports of crime statistics do not include any personally identifiable information.

I. When the Complaint Involves a Victim Under 18 Years Old

In the event that a complaint made under this policy involves reasonably suspected or actual child abuse or neglect, all College employees who are mandated reporters pursuant to Policy #162, Community College of Philadelphia Child Abuse Reporting Policy, must report child abuse or neglect that they know about, see, or have reasonable cause to suspect first to the Pennsylvania Department of Public Welfare Child Line at (800) 932-0313, and then to the Director of Public Safety or his designee at (215) 751-8188 or childabusereport@ccp.edu, or, if the employee is unable or prefers not to contact the Director of Public Safety, to the Vice President for Business and Finance at (215) 751-8029.  

IV. GRIEVANCE PROCEDURES FOR COMPLAINTS OF SEX DISCRIMINATION

The College has adopted grievance procedures that provide for the prompt and equitable resolution of complaints made by students, employees, or other individuals who are participating or attempting to participate in its education program or activity, or by the Title IX Coordinator, alleging conduct that violates Title IX.

Written notice of the of the complaint, including a description of the allegations, and grievance process and/or informal resolution will be provided to the complainant and respondent. The notice will include an explanation of the investigation process, sufficient information to allow the respondent to respond to the allegations, information that retaliation is prohibited and information that the parties are entitled to an equal opportunity to access the relevant and not otherwise impermissible evidence.  

A. Student Respondents

If the respondent is a student, the Judicial Affairs Officer, within the Office of the Dean of Students, will be responsible for investigating the report.  The investigation and disciplinary process will be in accordance with this policy’s Investigation and Hearing Procedures and Protocols.

B. Employee Respondents

If the respondent is an employee, the Title IX Coordinator will investigate the report. The investigation and disciplinary process will be in accordance with this policy’s Investigation and Hearing Procedures and Protocols, the Employee Handbook, and any applicable Collective Bargaining Agreement(s). 

C. Requirements of Title IX Grievance Procedures

1. Complainants and respondents will be treated equitably.

2. The Title IX Coordinator, investigator or decisionmaker shall not have a conflict of interest or bias toward complainants or respondents, in general or toward an individual complainant or respondent.

3. A respondent is presumed not responsible until a determination is made at the conclusion of the grievance procedures.

4. The College endeavors to complete the investigation and the entire complaint process within 30-90 days. Within 1 to 2 weeks of receipt, complaints will be reviewed, and a determination will be made as to whether an investigation will be opened. If opened, the investigation will be completed with 30 to 45 days. A hearing will take place within 60 days from the initiation of the complaint. An appeal, if any, will be completed within 30 days from the date of the decisionmaker’s determination. If during a specific matter, there is a delay at any point in the grievance process (for matters such as, but not limited to, unavailability of witnesses, additional time to locate witnesses/evidence, scheduling conflicts for meetings/hearings/appeals) the Title IX Coordinator will consider and determine whether there is good cause to extend the timelines and will provide notice to the complainant and respondent explaining the reasons for the delay and the needed extension.

5. The College will take reasonable steps to keep the identity of the complainant, respondent and witness(es) confidential unless required by law or as necessary to carry out this complaint process. As such the College will, to the extent possible, maintain privacy and/or confidentiality during the complaint process. The parties are prohibited from engaging in retaliation, including against witnesses.

6. The College will objectively evaluate all evidence that is relevant and not otherwise impermissible, including both inculpatory and exculpatory evidence. Credibility determinations will not be based on a person’s status as a complainant, respondent or witness.

7. The following types of evidence, and questions seeking that evidence, are impermissible, regardless of whether they are relevant:

1. Evidence protected by privilege under Federal or State law or evidence provided to a confidential employee, unless that privilege or confidentiality is voluntarily waived by the individual to whom the privilege or confidentiality is owed.
2. Medical records for a party or witness maintained by a physician, psychologist or other recognized professional or paraprofessional in connection with treatment to the party or witness, unless the College obtains the voluntary, written consent of the party for use in the grievance procedures.
3. Evidence that relates to the complainant’s sexual interests or prior conduct, unless that evidence is offered to prove that someone other than the respondent committed the alleged conduct or is evidence about the complainant’s prior sexual conduct with the respondent that is offered to prove consent to the alleged sex-based harassment. The fact of prior consensual sexual conduct between the complainant and respondent does not by itself demonstrate or imply the complainant’s consent to the alleged sex-based harassment or preclude determination that sex-based harassment occurred.

D. Notice of Allegations

Upon initiation of the College’s Title IX grievance procedures, the College will notify the parties of the following in writing:

The College’s Title IX grievance procedures and informal resolution process:

1. Sufficient information available at the time to allow the parties to respond to the allegations, including the identities of the parties involved in the incident(s), the conduct alleged to constitute sex discrimination, and the date(s) and location(s) of the alleged incident(s);*
2. Retaliation is prohibited;
3. The parties are entitled to an equal opportunity to access the relevant and not otherwise impermissible evidence or an accurate description of this evidence. The College will provide the parties an equal opportunity to access relevant and not otherwise impermissible evidence, upon the request of any party.

*If, during the investigation, the College decides to investigate additional allegations of sex discrimination by the respondent toward the complainant that are not included in the Notice of Allegations or that are included in a complaint that is consolidated, the College will notify the parties of the additional allegations.

E. Dismissal of a Complaint

1. The College may dismiss a complaint of sex discrimination for any of the following reasons:

1. The College is unable to identify the respondent after taking reasonable steps to do so;
2. The respondent is no longer participating in the College’s education program or activity and is not employed at the College;
3. Complainant voluntarily withdraws any or all of the allegations in the complaint,the Title IX Coordinator declines to initiate a complaint, and it is determined     that without the withdrawn allegations the remaining allegations would not constitute sex-based discrimination, even if proven; or
4. The College determines that the allegations, even if proven, would not constitute sex discrimination. The College will make reasonable efforts to clarify the allegations with the complainant prior to dismissal of the complaint.

2. The College will promptly notify the complainant of the dismissal and its basis. Should dismissal occur after the respondent has been notified of the allegations, the College will also notify the respondent of the dismissal and its basis promptly following notification to the complainant or simultaneously if notification is in writing.

3. The College will notify the complainant that a dismissal may be appealed on the bases outlined in the Appeals section of this policy. If the dismissal occurs after the respondent has been notified of the allegations, the College will also notify the respondent that the dismissal may be appealed. Dismissals may be appealed in accordance with Section VI. (Appeals) of this Policy.

4. If the dismissal is appealed, the College will:

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

5. Following the dismissal of a complaint, the College will continue to offer supportive measures to the complainant as appropriate. If the respondent was notified of the allegations prior to dismissal of the complaint, the College will offer supportive measures to the respondent as appropriate.

6. The Title IX Coordinator will take appropriate prompt and effective steps to ensure that sex-based discrimination does not continue or reoccur in the College’s education program or activity.

F. Investigation

1. The College will conduct an adequate, reliable and impartial investigation of complaints.

2. The burden to gather sufficient evidence to determine whether sex discrimination occurred is on the College, not the parties.

3. The College will provide an equal opportunity for the parties to present fact witnesses and other inculpatory and exculpatory evidence that are relevant and not otherwise impermissible.

4. The College will review all evidence gathered through the investigation and determine what evidence is relevant and what evidence is impermissible regardless of relevance.

5. The College will provide each party with an equal opportunity to access the evidence that is relevant to the allegations of sex discrimination and not otherwise impermissible, as follows:

1. The College will provide an equal opportunity to access either the relevant and not otherwise impermissible evidence, or an accurate description of this evidence. If the College provides a description of the evidence, it will provide the parties with an equal opportunity to access the relevant and not otherwise impermissible evidence, upon the request of any party;
2. The College will provide a reasonable opportunity to respond to the evidence or the accurate description of the evidence; and
3. The College will take reasonable steps to prevent and address the parties’ unauthorized disclosure of information and evidence obtained solely through the grievance procedures. Disclosures of such information and evidence for purposes of administrative proceedings or litigation related to the complaint of sex discrimination are authorized.

G. Questioning the Parties and Witnesses

1. Investigative Meetings:

1. Parties may have an advisor or support person assist them in the preparation of any investigative meeting.
2. Parties may prepare a written statement addressing the allegations in the complaint, including their support of or challenge to the allegations, and submit to the investigator their statements, and any evidence the investigator deems relevant and not otherwise impermissible as per this policy.
3. The investigator will obtain the names of and meet with any witnesses named by the parties and any witnesses identified by the investigator.
4. The parties and witnesses, if any, will meet separately with the investigator. The investigator will ask relevant and not otherwise impermissible questions of the parties and witnesses, if any, to obtain information and adequately assess their credibility. 

2. Grievance Proceedings:

1. Parties may have an advisor or support person assist them in the preparation of any proceedings.
2. The parties will prepare a written statement addressing the allegations, including their support of or challenge to the allegations, and submit to the decisionmaker their statements, and any evidence the decisionmaker deems relevant and not otherwise impermissible as per this policy.
3. The decisionmaker will meet separately with the parties and witnesses, if any. The decisionmaker will ask relevant and not otherwise impermissible questions of the parties and witnesses, if any, to adequately assess their credibility.
4. The decisionmaker will provide a written summary of the information obtained from the meetings with the parties and witnesses, if any, to the parties.
5. Following review of the summaries by the parties and their advisors, the parties may submit questions for cross-examination to the decisionmaker.
6. The decisionmaker will review the questions for cross-examination and determine which questions are relevant and not otherwise impermissible, and those questions will be provided to the opposing party or witnesses, if any, along with any other relevant evidence, not deemed otherwise impermissible as per this policy. 
7. The decisionmaker will explain any decision to exclude a question as not relevant or otherwise impermissible. Questions that are unclear or harassing of the party or witness being questioned will not be permitted.
8. The decisionmaker will give a party an opportunity to clarify or revise a question that the decisionmaker determines is unclear or harassing. If the party sufficiently clarifies or revises the question, the question will be asked.
9. Questioning by the decisionmaker will continue in this manner until the decisionmaker is satisfied that all parties have had an equal opportunity to be heard and all allegations addressed sufficiently.
10. All proceedings are to be recorded and made available for review by the parties.

A list of Advisors provided by the College will be available in the Dean of Students Office, in the Title IX Coordinator’s Office, in Human Resources, and as an attachment to this policy. Such list will be updated periodically by the College.

H. Determination Whether Sex Discrimination Occurred

Following an investigation and evaluation of all relevant and not otherwise impermissible evidence, the College will:

1. Use the preponderance of the evidence standard of proof to determine whether sex discrimination occurred. The standard of proof requires the decisionmaker to evaluate relevant and not otherwise impermissible evidence for its persuasiveness. If the decisionmaker is not persuaded by a preponderance of the evidence that sex discrimination occurred, whatever the quantity of the evidence is, the decisionmaker will not determine that sex discrimination occurred.

2. Notify the parties in writing of the determination whether sex discrimination occurred under Title IX including the rationale for such determination, and the procedures and permissible bases for the complainant and respondent to appeal, if applicable.

3. Not impose discipline on a respondent for sex discrimination prohibited by Title IX unless there is a determination at the conclusion of the grievance procedures that the respondent engaged in prohibited sex discrimination.

4. If there is a determination that sex discrimination occurred, the Title IX Coordinator will, as appropriate: 

a. Coordinate the provision and implementation of remedies to a complainant and other people the College identifies as having had equal access to the College’s   education program or activity limited or denied by sex discrimination;

b. Coordinate the imposition of any disciplinary sanctions on a respondent, including notification to the complainant of any such disciplinary sanctions; and

c. Take other appropriate prompt and effective steps to ensure that sex discrimination does not continue or recur within the College’s education program or activity.

5. Comply with the grievance procedures before the imposition of any disciplinary sanctions against a respondent;

6. Not discipline a party, witness or others participating in the grievance procedures for making a false statement or for engaging in consensual sexual conduct based solely on the determination whether sex discrimination occurred; and  

7. A student witness or student complainant of an incident of a violation of this policy who reports such incident in good faith will not be sanctioned by the College for admitting in the report to a violation of the College’s Student Code of Conduct related to the use of drugs or alcohol.

The determination regarding responsibility becomes final either on the date that the College provides the parties with the written determination of the result of any appeal, or, if no party appeals, the date on which an appeal would no longer be considered timely.

Any appeal by the parties of the determination will be handled in accordance with Section VI (Appeals) of this Policy.

V. GRIEVANCE PROCEDURES FOR COMPLAINTS OF SEX-BASED HARASSMENT INVOLVING STUDENT COMPLAINTS OR STUDENT RESPONDENTS

The College has adopted Title IX grievance procedures that provide for the prompt and equitable resolution of complaints made by students, employees or other individuals who are participating or attempting to participate in its education program or activity, or by the Title IX Coordinator. These grievance procedures address complaints of sex-based harassment that involve a student party. The grievance procedures for complaints of sex-based harassment involving a student complainant or student respondent also incorporate the sex-based discrimination requirements of the Title IX grievance procedures as set for in Section IV.A, B and C(1-7) (Grievance Procedures for Complaints of Sex Discrimination) of this Policy.  

A. Written Notice of Allegations

1. Upon initiation of the College’s Title IX grievance procedures, the College will notify the parties of the following in writing with sufficient time for the parties to prepare a response before any initial interview:

1. The College’s Title IX grievance procedures and informal resolution process;
2. Sufficient information available at the time to allow the parties to respond to the allegations, including the identities of the parties involved in the incident(s), the conduct alleged to constitute sex-based harassment, and the date(s) and location(s) of the alleged incident(s);*
3. Retaliation is prohibited;
4. The respondent is presumed not responsible for the alleged sex-based harassment until a determination is made at the conclusion of the grievance procedures. Prior to such a determination, the parties will have an opportunity to present relevant and not otherwise impermissible evidence to a trained, impartial decisionmaker;
5. The parties may have an advisor of their choice who may be, but is not required to be, an attorney;
6. The parties are entitled to an equal opportunity to access the relevant and not otherwise impermissible evidence or an investigative report that accurately summarizes this evidence. The College will provide the parties equal opportunity access to the investigation report containing relevant and not otherwise impermissible evidence, upon the request of any party; and
7. The College’s Student Code of Conduct, Article III: Proscribed Conduct, prohibits falsifying, distorting, or misrepresenting information before a judicial body.

*If, during the investigation, the College decides to investigate additional allegations of sex-based harassment by the respondent toward the complainant that are not included in the written Notice of Allegations or that are included in a complaint that is consolidated, the College will provide written notice of the additional allegations to the parties.

B. Dismissal of a Complaint

The College may dismiss a complaint of sex-based harassment in accordance with the procedures set forth in Section IV.E (Grievance Procedures for Complaints of Sex Discrimination) of this Policy.

C. Investigation of Sex-Based Harassment Complaints

1. The College will conduct an adequate, reliable and impartial investigation of complaints.

2. The burden to gather sufficient evidence to determine whether sex discrimination occurred is on the College, not the parties.

3. The College will provide to a party whose participation is invited or expected, written notice of the date, time, location, participants, and purpose of all meetings or proceedings with sufficient time for the party to prepare to participate.

4. The College will provide the parties with the same opportunities to be accompanied to any meeting or proceeding by the advisor of their choice, who may be, but is not required to be, an attorney.

a. The College will not limit the choice or presence of the advisor for the complainant or respondent in any meeting or proceeding.

b. The College may establish restrictions regarding the extent to which the advisor may participate in these grievance procedures, as long as the restrictions apply equally to the parties.

5. The College will provide the parties with the same opportunities, if any, to have people other than the advisor of the parties’ choice present during any meeting or proceeding.

6. The College will provide an equal opportunity for the parties to present fact witnesses and other inculpatory and exculpatory evidence that are relevant and not otherwise impermissible.

7. The College will review all evidence gathered through the investigation and determine what evidence is relevant and what evidence is impermissible regardless of relevance.

8. The College will provide each party and the party’s advisor, if any, with an equal opportunity to access the evidence that is relevant to the allegations of sex-based harassment and not otherwise impermissible, as follows:

1. The College will provide an equal opportunity to access either the relevant and not otherwise impermissible evidence, or the same written investigative report that accurately summarizes this evidence. an accurate description of this evidence. The College will provide the parties equal opportunity access to the investigation report containing relevant and not otherwise impermissible evidence, upon the request of any party;
2. The College will provide a reasonable opportunity to respond to the evidence or investigative report; and
3. The College will take reasonable steps to prevent and address the parties’ and their advisors’ unauthorized disclosure of information and evidence obtained solely through the sex-based harassment grievance procedures.

D. Questioning the Parties and Witnesses for Investigative Meetings and Grievance Proceedings

Parties and witnesses will be questioned during investigative meetings and grievance proceedings in accordance with Section IV.G.1(a-d) and 2(a-j) (Grievance Procedures for Complaints of Sex Discrimination) of this Policy.

E. Determination Whether Sex-Based Harassment Occurred

1. Following an investigation and evaluation of all relevant and not otherwise impermissible evidence, the College will determine whether sex-based harassment occurred in accordance with Section IV (Grievance Procedures for Sex Discrimination) of this Policy and as set forth below:

1. Use the preponderance of the evidence standard of proof to determine whether sex discrimination occurred. The standard of proof requires the decisionmaker to evaluate relevant and not otherwise impermissible evidence for its persuasiveness. If the decisionmaker is not persuaded by a preponderance of the evidence that sex discrimination occurred, whatever the quantity of the evidence is, the decisionmaker will not determine that sex-based harassment occurred.
2. Notify the parties simultaneously in writing of the determination whether sex-based harassment occurred under Title IX including:
   1. A description of the alleged sex-based harassment;
   2. Information about the policies and procedures that the College used to evaluate the allegations;
   3. The decisionmaker’s evaluation of the relevant and not otherwise impermissible evidence and determination whether sex-based harassment occurred;
   4.  When the decisionmaker finds that sex-based harassment occurred, any disciplinary sanctions the College will impose of the respondent, whether remedies other than imposition of the disciplinary sanctions will be provided by the College to the complainant, and to the extent appropriate, other students identified by the College to be experiencing the effects of the sex-based harassment; and
   5. The College’s procedures and permissible bases for the complainant and respondent to appeal.

VI. APPEALS FROM DISMISSALS AND FINAL DETERMINATIONS: 

1. The parties will be treated equitably during appeals and will have a reasonable and equal opportunity to submit to the appeal officer a written statement in support of or challenging the outcome.

2. The appeal officer will not have taken part in the investigation of the allegations, dismissal of the complaint or the hearing.

3. The appeal officer will issue in writing to both parties a decision describing the result of the appeal and the rationale for the result.

4. The College will offer an appeal from a dismissal or final determination whether sex-discrimination or sex-based harassment occurred on the following bases:

1. Procedural irregularity that would change the outcome;
2. New evidence that would change the outcome and that was not reasonably available when the determination or dismissal was made; and
3. The Title IX Coordinator, investigator, or decisionmaker had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that would change the outcome.

5. If a party appeals a dismissal or determination whether sex discrimination or sex-based harassment occurred, the College will:

1. Notify the parties in writing of any appeal, including notice of the allegations, if notice was not previously provided to the respondent;
2. Implement appeal procedures equally for the parties;
3. Ensure that the decisionmaker for the appeal did not take part in an investigation of the allegations or dismissal of the complaint;
4. Ensure that the decisionmaker for the appeal has been trained consistent with the Title IX regulations;
5. Communicate to the parties in writing that the College will provide the parties a reasonable and equal opportunity to make a statement in support of, or challenging, the outcome; and
6. Notify the parties in writing of the result of the appeal and rationale for the result.

VII. INFORMAL RESOLUTION:

In lieu of resolving a complaint through the College’s Title IX grievance procedures, the parties may instead elect to participate in writing in an informal resolution process. Informal resolution is not available to resolve a complaint that includes allegations that an employee engaged in sex-based harassment of a student or when such a process would conflict with Federal, State or local law. Before initiation of an informal resolution process, the College will explain in writing to the parties:

1. The allegations;
2. The requirements of the informal resolution process;
3. That any party has the right to withdraw from the informal resolution process and initiate or resume grievance procedures at any time before agreeing to a resolution;
4. That if the parties agree to a resolution at the end of the informal resolution process, they cannot initiate or resume grievance procedures arising from the same allegations;
5. The potential terms that may be requested or offered in an informal resolution agreement, including notice that an informal resolution agreement is binding only on the parties; and
6. What information the College will maintain and whether and how the College could disclose such information for use in Title IX grievance procedures if such procedures are initiated or resumed.

VIII. SUPPORTIVE MEASURES

Supportive measures are those non-disciplinary, non-punitive services, accommodations, or other assistance that the College puts in place for individuals after receiving notice of alleged violations of this policy, pending the final outcome of any investigation/hearing process, or when no formal complaint is filed. Supportive measures may be imposed for various reasons, including ensuring the safety of the parties or the College community at large; eliminating a hostile work environment; or protecting the integrity of the investigation and/or disciplinary process.  

Supportive measures are meant to ensure that both parties involved in a report under this policy continues to have adequate access to educational and/or work opportunities at the College, without unreasonably burdening the other party. A party may request these measures from the office responsible for investigating the report, or the College may offer them on its own initiative when it deems them appropriate.  The College will determine which supportive measures are appropriate on a case-by-case basis.  Potential supportive measures include a “no contact” directive pending the outcome of the investigation, provision of a security escort, modifications of class schedules or deadlines, emergency removal** from the College’s education program and activity or other supportive measures the College deems reasonable and appropriate.

The College may make certain supportive measures permanent measures to be applied even after the investigation and/or disciplinary process is complete, when appropriate under the circumstances.  

**Should the College determine that an emergency removal of the respondent from the College’s education program or activity is appropriate (i.e., the respondent poses an immediate threat to the physical health or safety of any student or other individual arising from the allegations of sex-based harassment), the College will provide the respondent with notice and an opportunity to challenge the decision following the removal.

Individuals who have been victims of violations of this policy may also seek other supportive measures both on- and off-campus. Upon becoming aware of a report of a potential violation of this policy, the Title IX Coordinator will promptly contact the potential complainant to discuss the availability of supportive measures, services, consider the complainant’s wishes with respect to supportive measures, services, and inform the complainant of the availability of supportive measures or services, with or without the filing of a formal complaint.

These supportive measures are available to both the potential complainant and potential respondent. 

A. On-Campus Resources

1. Counseling Center:

Main Campus, Bonnell Building, BG-07, (215) 751-8169

Northeast Regional Center, Room 102, (267) 299-5980

Northwest Regional Center, Room 102, (267) 299-5982

West Regional Center, Room 132, (267) 299-5981

2. Women’s Outreach and Advocacy Center

Winnet Student Life Building, Room S1-19, (215) 751-8808

3. Center for Male Engagement

Winnet Student Life Building, S1-05, (215) 751-8817

B. Off-Campus Community Resources**

1. Lutheran Settlement House Bilingual Domestic Violence Program

1340 Frankford Avenue, Philadelphia, PA 19125 - For Counseling Services: (215) 426-8610, ext. 1236

2. Pennsylvania Coalition Against Rape

2101 North Front Street Governor’s Plaza North, Building #2

Harrisburg, PA 17110 Hotline: 1-888-772-7227 Office: 1-800-692-7445

3. Women Organized Against Rape

One Penn Center, 1617 John F. Kennedy Blvd., Suite 800, Philadelphia, PA 19103

Hotline: (215) 985-3333 Office: (215) 985-3315

4. Women Against Abuse

100 South Broad Street, Suite 134, Philadelphia, PA 19110

Hotline: 1-866-723-3014 Office: (215) 386-1280

5. Philadelphia Domestic Violence Hotline

Dial: 1-866-723-3014

6. Counseling services via the Employee Assistant Program (Employees Only)

Dial: 1-800-437-0911

**The College is not affiliated with these community resources. This list may be subject to change. Contact the Title IX Coordinator or the Dean of Students for the most current information regarding available off-campus resources. 

IX. DISCIPLINARY SANCTIONS AND REMEDIES

Following a determination that sex-based discrimination or sex-based harassment occurred, the College may impose disciplinary sanctions which may include verbal and written counseling, suspension and up to and including termination of an employee or expulsion of a student, subject to the relevant policies and procedures governing the disciplinary process applicable to the respondent. The College may also provide remedies which may include, training, reassignment to another class or any other remedy that will ensure that the conduct does not continue to occur.

X. EMERGENCY ASSISTANCE FOR VICTIMS OF SEXUAL ASSAULT, RELATIONSHIP VIOLENCE OR STALKING

An individual who is in imminent danger of Sexual Assault, Relationship Violence, or Stalking should contact law enforcement or, if on campus, the Department of Public Safety.

A. Department of Public Safety

On-campus emergencies should be reported to the Department of Public Safety.  The Department of Public Safety is available 24 hours per day, seven days per week.

Main Campus – Mint Building, Room MG-12, (215) 751-8111, or Extension 5555 from a campus phone 

West Philadelphia Regional Center – Public Safety Desk, (267) 299-5863

Northwest Regional Center – Public Safety Desk, (215) 496-6012

Northeast Regional Center – Public Safety Desk, (215) 972-6219

Additionally, red emergency phones are located throughout Main Campus and the Regional Centers.  Dial 5555 for direct access to the Department of Public Safety.

B. Police Department

An individual can also report emergencies occurring on- or off-campus by dialing 911 to reach the local police department.

C. Medical Attention

In the event of an emergency that requires medical attention, individuals should go to the nearest hospital.  Below is contact information for hospitals located in the vicinity of Main Campus and the Regional Centers.

Main Campus

Hospital of the University of Pennsylvania
3400 Spruce Street
Philadelphia, PA 19104
(215) 662-4000

Pennsylvania Hospital
800 Spruce Street
Philadelphia, PA 19107
(215) 829-3000

Penn Presbyterian Medical Center
51 North 39th Street
Philadelphia, PA 19104
(215) 662-8215

Jefferson University Hospital
132 South 10th Street
Philadelphia, PA 19107
(215) 952-9130

West Regional Center

Penn Presbyterian Medical Center
51 North 39th Street
Philadelphia, PA 19104
(215) 662-8000

Mercy Philadelphia Hospital
501 South 54th Street
Philadelphia, PA 19143
(215) 748-9000

Northwest Regional Center

Einstein Medical Center – Philadelphia
5501 Old York Road
Philadelphia, PA 19141
(215) 456-7890

Northeast Regional Center

Aria – Jefferson Health Torresdale
Red Lion and Knights Road
Philadelphia, PA 19114 
(215) 612-4000

XI. ENFORCEMENT AND TRAINING

The Title IX Coordinator is responsible for ensuring the enforcement of this policy, and for administering training regarding this policy, with the ultimate goal of raising awareness and preventing Sex-Based Discrimination, Sex-Based Harassment, Relationship Violence, and Stalking within the College community. The Title IX Coordinator, in conjunction with the Office of the Dean of Students, the Department of Public Safety, and other departments as applicable, will conduct trainings for faculty, administrators, staff, and students and otherwise serve as a resource for the College community regarding individual rights and responsibilities under this policy. 

APPENDIX A

Relevant Definitions from 34 C.F.R. 106.2

Admission - selection for part-time, full-time, special, associate, transfer, exchange, or any other enrollment, membership, or matriculation in or at an education program or activity operated by a recipient.

Applicant - as used in the definition of educational institution in this section and as used in § 106.4, means one who submits an application, request, or plan required to be approved by a Department official, or by a recipient, as a condition to becoming a recipient.

Complainant:

(1) A student or employee who is alleged to have been subjected to conduct that could constitute sex discrimination under Title IX or this part; or

(2) A person other than a student or employee who is alleged to have been subjected to conduct that could constitute sex discrimination under Title IX or this part and who was participating or attempting to participate in the recipient's education program or activity at the time of the alleged sex discrimination.

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

Confidential employee:

(1) An employee of a recipient whose communications are privileged or confidential under Federal or State law. The employee's confidential status, for purposes of this part, is only with respect to information received while the employee is functioning within the scope of their duties to which privilege or confidentiality applies;

(2) An employee of a recipient whom the recipient has designated as confidential under this part for the purpose of providing services to persons related to sex discrimination. If the employee also has a duty not associated with providing those services, the employee's confidential status is only with respect to information received about sex discrimination in connection with providing those services; or

(3) An employee of a postsecondary institution who is conducting an Institutional Review Board-approved human-subjects research study designed to gather information about sex discrimination—but the employee's confidential status is only with respect to information received while conducting the study.

Disciplinary sanctions: consequences imposed on a respondent following a determination under Title IX that the respondent violated the recipient's prohibition on sex discrimination.

Educational institution: a local educational agency (LEA) as defined by section 8101 of the Elementary and Secondary Education Act of 1965, as amended by the Every Student Succeeds Act (20 U.S.C. 7801(30)), a preschool, a private elementary or secondary school, or an applicant or recipient that is an institution of graduate higher education, an institution of undergraduate higher education, an institution of professional education, or an institution of vocational education.

Parental status: as used in §§ 106.21(c)(2)(i), 106.37(a)(3), 106.40(a), and 106.57(a)(1), means the status of a person who, with respect to another person who is under the age of 18 or who is 18 or older but is incapable of self-care because of a physical or mental disability, is:

(1) A biological parent;

(2) An adoptive parent;

(3) A foster parent;

(4) A stepparent;

(5) A legal custodian or guardian;

(6) In loco parentis with respect to such a person; or

(7) Actively seeking legal custody, guardianship, visitation, or adoption of such a person.

Party: a complainant or respondent.

Pregnancy or related conditions:  

(1) Pregnancy, childbirth, termination of pregnancy, or lactation;

(2) Medical conditions related to pregnancy, childbirth, termination of pregnancy, or lactation; or

(3) Recovery from pregnancy, childbirth, termination of pregnancy, lactation, or related medical conditions.

Program or activity and program: means all of the operations of—

(1)(i) A department, agency, special purpose district, or other instrumentality of a State or local government; or

(ii) The entity of a State or local government that distributes such assistance and each such department or agency (and each other State or local government entity) to which the assistance is extended, in the case of assistance to a State or local government;

(2)(i) A college, university, or other postsecondary institution, or a public system of higher education; or

(ii) A local educational agency (as defined in 20 U.S.C. 8801), system of vocational education, or other school system;

(3)(i) An entire corporation, partnership, other private organization, or an entire sole proprietorship

(A) If assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole; or

(B) Which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or

(ii) The entire plant or other comparable, geographically separate facility to which Federal financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship; or

(4) Any other entity that is established by two or more of the entities described in paragraph (1), (2), or (3) of this definition, any part of which is extended Federal financial assistance. 

Recipient: any State or political subdivision thereof, or any instrumentality of a State or political subdivision thereof, any public or private agency, institution, or organization, or other entity, or any person, to whom Federal financial assistance is extended directly or through another recipient and which operates an education program or activity which receives such assistance, including any subunit, successor, assignee, or transferee thereof.

Relevant: related to the allegations of sex discrimination under investigation as part of the grievance procedures under § 106.45, and if applicable § 106.46. Questions are relevant when they seek evidence that may aid in showing whether the alleged sex discrimination occurred, and evidence is relevant when it may aid a decisionmaker in determining whether the alleged sex discrimination occurred.

Remedies: measures provided, as appropriate, to a complainant or any other person the recipient identifies as having had their equal access to the recipient's education program or activity limited or denied by sex discrimination. These measures are provided to restore or preserve that person's access to the recipient's education program or activity after a recipient determines that sex discrimination occurred.

Respondent: a person who is alleged to have violated the recipient's prohibition on sex discrimination. 

Retaliation: intimidation, threats, coercion, or discrimination against any person by the recipient, a student, or an employee or other person authorized by the recipient to provide aid, benefit, or service under the recipient's education program or activity, for the purpose of interfering with any right or privilege secured by Title IX or this part, or because the person has reported information, made a complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under this part, including in an informal resolution process under § 106.44(k), in grievance procedures under § 106.45, and if applicable § 106.46, and in any other actions taken by a recipient under § 106.44(f)(1). Nothing in this definition or this part precludes a recipient from requiring an employee or other person authorized by a recipient to provide aid, benefit, or service under the recipient's education program or activity to participate as a witness in, or otherwise assist with, an investigation, proceeding, or hearing under this part.

Sex-based harassment: prohibited by this part is a form of sex discrimination and means sexual harassment and other harassment on the basis of sex, including on the bases described in § 106.10, that is:

(1) Quid pro quo harassment. An employee, agent, or other person authorized by the recipient to provide an aid, benefit, or service under the recipient's education program or activity explicitly or impliedly conditioning the provision of such an aid, benefit, or service on a person's participation in unwelcome sexual conduct;

(2) Hostile environment harassment. Unwelcome sex-based conduct that, based on the totality of the circumstances, is subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person's ability to participate in or benefit from the recipient's education program or activity ( i.e., creates a hostile environment). Whether a hostile environment has been created is a fact-specific inquiry that includes consideration of the following:

(i) The degree to which the conduct affected the complainant's ability to access the recipient's education program or activity;

(ii) The type, frequency, and duration of the conduct;

(iii) The parties' ages, roles within the recipient's education program or activity, previous interactions, and other factors about each party that may be relevant to evaluating the effects of the conduct;

(iv) The location of the conduct and the context in which the conduct occurred; and

(v) Other sex-based harassment in the recipient's education program or activity; or

(3) Specific offenses. (i) Sexual assault meaning an offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation;

(ii) Dating violence meaning violence committed by a person:

(A) Who is or has been in a social relationship of a romantic or intimate nature with the victim; and

(B) Where the existence of such a relationship shall be determined based on a consideration of the following factors:

( 1) The length of the relationship;

( 2) The type of relationship; and

( 3) The frequency of interaction between the persons involved in the relationship;

(iii) Domestic violence meaning felony or misdemeanor crimes committed by a person who:

(A) Is a current or former spouse or intimate partner of the victim under the family or domestic violence laws of the jurisdiction of the recipient, or a person similarly situated to a spouse of the victim;

(B) Is cohabitating, or has cohabitated, with the victim as a spouse or intimate partner;

(C) Shares a child in common with the victim; or

(D) Commits acts against a youth or adult victim who is protected from those acts under the family or domestic violence laws of the jurisdiction; or

(iv) Stalking meaning engaging in a course of conduct directed at a specific person that would cause a reasonable person to:

(A) Fear for the person's safety or the safety of others; or

(B) Suffer substantial emotional distress.

Sex Offenses: any sexual act directed against another person, without the consent of the victim including instances where the victim is incapable of giving consent:

Fondling – the touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental incapacity.

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

Rape – the 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 victim.

Statutory Rape – sexual intercourse with a person who is under the statutory age of consent.

Student: a person who has gained admission.

Student with a disability: a student who is an individual with a disability as defined in the Rehabilitation Act of 1973, as amended, 29 U.S.C. 705(9)(B), (20)(B), or a child with a disability as defined in the Individuals with Disabilities Education Act, 20 U.S.C. 1401(3).

Supportive measures: individualized measures offered as appropriate, as reasonably available, without unreasonably burdening a complainant or respondent, not for punitive or disciplinary reasons, and without fee or charge to the complainant or respondent to:

(1) Restore or preserve that party's access to the recipient's education program or activity, including measures that are designed to protect the safety of the parties or the recipient's educational environment; or

(2) Provide support during the recipient's grievance procedures under § 106.45, and if applicable § 106.46, or during the informal resolution process under § 106.44(k).

Relevant Definitions from the Pennsylvania Crimes Code

18 Pa. Cons. Stat. Ann. § 2709.1 – Stalking

(a)  Offense defined. – A person commits the crime of stalking when the person either:

(1)  Engages in a course of conduct or repeatedly commits acts toward another person, including following the person without proper authority, under circumstances which demonstrate either an intent to place such other person in reasonable fear of bodily injury or to cause substantial emotional distress to such other person; or

(2)  Engages in a course of conduct or repeatedly communicates to another person under circumstances which demonstrate or communicate either an intent to place such other person in reasonable fear of bodily injury or to cause substantial emotional distress to such other person. 

(f)   Definitions. – As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

“Communicates.”  To convey a message without intent of legitimate communication or address by oral, nonverbal, written or electronic means, including telephone, electronic mail, Internet, facsimile, telex, wireless communication or similar transmission.

“Course of conduct.”  A pattern of actions composed of more than one act over a period of time, however short, evidencing a continuity of conduct.  The term includes lewd, lascivious, threatening or obscene words, language, drawings, caricatures or actions, either in person or anonymously.  Acts indicating a course of conduct which occur in more than one jurisdiction may be used by any other jurisdiction in which an act occurred as evidence of a continuing pattern of conduct or a course of conduct.

“Emotional distress.”  A temporary or permanent state of mental anguish.

“Family or household member.”  Spouses or persons who have been spouses, persons living as spouses or who lived as spouses, parents and children, other person related by consanguinity or affinity, current or former sexual or intimate partners or persons who share biological parenthood.

18 Pa. Cons. Stat. Ann. § 3121 – Rape

(a)  Offense defined. – A person commits a felony of the first degree when the person engages in sexual intercourse with a complainant:

(1)  By forcible compulsion.

(2)  By threat of forcible compulsion that would prevent resistance by a person of reasonable resolution.

(3)  Who is unconscious or where the person knows that the complainant is unaware that the sexual intercourse is occurring.

(4)  Where the person has substantially impaired the complainant’s power to appraise or control his or her conduct by administering or employing, without the knowledge of the complainant, drugs, intoxicants or other means for the purpose of preventing resistance.

(5)  Who suffers from a mental disability which renders the complainant incapable of consent.

(c)  Rape of a child. – A person commits the offense of rape of a child, a felony of the first degree, when the person engages in sexual intercourse with a complainant who is less than 13 years of age.

(d) Rape of a child with serious bodily injury. – A person commits the offense of a rape of a child resulting in serious bodily injury, a felony of the first degree, when the person violates this section and the complainant is under 13 years of age and suffers serious bodily injury in the course of the offense.

18 Pa. Cons. Stat. Ann. § 3122.1 – Statutory Sexual Assault

(a)  Felony of the second degree. – Except as provided in section 3121 (relating to rape), a person commits a felony of the second degree when that person engages in sexual intercourse with a complainant to whom the person is not married who is under the age of 16 years and that person is either:

1. Four years older but less than eight years older than the complainant; or
2. Eight years older but less than 11 years older than the complainant.

(b) Felony of the first degree. – A person commits a felony of the first degree when that person engages in sexual intercourse with a complainant under the age of 16 years and that person is 11 or more years older than the complainant and the complainant and the person are not married to each other.

18 Pa. Cons. Stat. Ann. § 3123 – Involuntary Deviate Sexual Intercourse

(a)  Offense defined. – A person commits a felony of the first degree when the person engaged in deviate sexual intercourse with a complainant:

(1)  By forcible compulsion;

(2)  By threat of forcible compulsion that would prevent resistance by a person of reasonable resolution;

(3)  Who is unconscious or where the person knows that the complainant is unaware that the sexual intercourse is occurring;

(4)  Where the person has substantially impaired the complainant’s power to appraise or control his or her conduct by administering or employing, without the knowledge of the complainant, drugs, intoxicants or other means for the purpose of preventing resistance;

(5)  Who suffers from a mental disability which renders him or her incapable of consent; or

(6)  Deleted.

(7)  Who is less than 16 years of age and the person is four or more years older than the complainant and the complainant and person are not married to each other.

(b) Involuntary deviate sexual intercourse with a child. – A person commits involuntary deviate sexual intercourse with a child, a felony of the first degree, when the person engages in deviate sexual intercourse with a complainant who is less than 13 years of age.

(c)  Involuntary deviate sexual intercourse with a child with serious bodily injury. – A person commits an offense under this section with a child resulting in serious bodily injury, a felony of the first degree, when the person violates this section and the complainant is less than 13 years of age and the complainant suffers serious bodily injury in the course of the offense.

(e)  Definition. – As used in this section, the term “forcible compulsion” includes but is not limited to, compulsion resulting in another person’s death, whether the death occurred before, during or after the sexual intercourse.

18 Pa. Cons. Stat. Ann. § 3124.1 – Sexual Assault

Except as provided in section 3121 (rape) or 3123 (relating to involuntary deviate sexual intercourse), a person commits a felony of the second degree when that person engages in sexual intercourse or deviate sexual intercourse with a complainant without the complainant’s consent.

18 Pa. Cons. Stat. Ann. § 3125 – Aggravated Indecent Assault

(a)  Offenses defined. – Except as provided in section 3121 (relating to rape), 3122.1 (relating to statutory sexual assault), 3123 (relating to involuntary deviate sexual intercourse) and 3124.1 (relating to sexual assault), a person who engages in penetration, however slight, of the genitals or anus of a complainant with a part of the person’s body for any purpose other than good faith medical, hygienic or law enforcement procedures commits aggravated indecent assault if:

(1)  The person does so without the complainant’s consent;

(2)  The person does so by forcible compulsion;

(3)  The person does so by threat of forcible compulsion that would prevent resistance by a person of reasonable resolution;

(4)  The compliant is unconscious or the person knows that the complainant is unaware that the penetration is occurring;

(5)  The person has substantially impaired the complainant’s power to appraise or control his or her conduct by administering or employing, without the knowledge of the complainant, drugs, intoxicants or other means for the purpose of preventing resistance;

(6)  The complainant suffers from a mental disability which renders him or her incapable of consent;

(7)  The complainant is less than 13 years of age; or

(8)  The complainant is less than 16 years of age and the person is four or more years older than the complainant and the complainant and the person are not married to each other.

(b) Aggravated indecent assault of a child. – A person commits aggravated indecent assault of a child when the person violates subsection (a)(1), (2), (3), (4), (5) or (6) and the complainant is less than 13 years of age.

18 Pa. Cons. Stat. Ann. § 3126 – Indecent Assault

(a)  Offense defined. – A person is guilty of indecent assault if the person has indecent contact with the complainant, causes the complainant to have indecent contact with the person or intentionally causes the complainant to come into contact with seminal fluid, urine or feces for the purpose of arousing sexual desire in the person or the complainant and:

(1)  The person does so without the complainant’s consent;

(2)  The person does so by forcible compulsion;

(3)  The person does so by threat of forcible compulsion that would prevent resistance by a person of reasonable resolution;

(4)  The complainant is unconscious or the person knows that the complainant is unaware that the indecent contact is occurring;

(5)  The person has substantially impaired the complainant’s power to appraise or control his or her conduct by administering or employing, without the knowledge of the complainant, drugs, intoxicants or other means for the purpose of preventing resistance;

(6)  The complainant suffers from a mental disability, which renders the complainant incapable of consent;

(7)  The complainant is less than 13 years of age; or

(8)  The complainant is less than 16 years of age and the person is four or more years older than the complainant and the complainant and the person are not married to each other.

18 Pa. Cons. Stat. Ann. § 3127 – Indecent Exposure

(a)  Offense defined. – A person commits indecent exposure if that person exposes his or her genitals in any public place or in any place where there are present other persons under circumstances in which he or she knows or should know that this conduct is likely to offend, affront or alarm. 

(Incidents Occuring Prior to August 1, 2024)

I. Introduction 

Community College of Philadelphia is committed to maintaining an academic and working environment free of unlawful discrimination and harassment. Under this policy, forms of discrimination or harassment based on sex will not be tolerated. This policy prohibits Title IX Sexual Harassment by or against any student, faculty, administrator, staff, employee, vendor, contractor, volunteer, or visitor to the College. Title IX Sexual Harassment includes Sexual Harassment, Sexual Assault, Dating Violence, Domestic Violence or Stalking. As set forth in this policy, the College will take all appropriate steps to prevent and respond to incidents of sexual harassment in a prompt and equitable manner.

Reports of Sexual Harassment that do not rise to the level of unwelcome verbal or physical conduct based on sex or of a sexual nature that does not rise to the level of sexual harassment under this policy may be covered by the College’s Memorandum #357 Policy Against Sexual Misconduct, Relationship Violence and Stalking Not Covered by Title IX https://myccp.online/college-policies-and-procedures/policy-against-sexu... , and/or the College’s Memorandum #358 Anti-Discrimination and Harassment Complaint Policy (https://myccp.online/college-policies-and-procedures/anti-discrimination...).

This policy will:

• Define Title IX Sexual Harassment.
• Explain how to make a report of Title IX Sexual Harassment.
• Identify interim measures and support services available for Complainants or Respondents under this policy.
• Provide information on the Title IX process, including how reports made under this policy are equitably investigated and the hearing process.

II. Policy 

A. Scope of Policy

This policy applies to all students, faculty, administrators, staff, employees, vendors, contractors, volunteers, and visitors to the College, regardless of sexual orientation, gender, gender identity, gender expression, or any other characteristic, and regardless of the sex or sexes of the parties involved, including when the parties involved are all of the same sex. Under this policy, the College has jurisdiction over reports of sexual harassment that takes place on all College property and at any location, event or circumstance over which the College has substantial control over both the alleged Respondent and the context in which the conduct occurs, to include any building owned or controlled by a student organization that is officially recognized by the College.

At the time of the filing of a formal complaint, the Complainant must be participating in or attempting to participate in the College’s educational programming or activity. Students, employees, and third parties may file reports of sexual harassment, under this policy.

B. Title IX Coordinator

The College’s Title IX Coordinator is responsible for overseeing the administration of this policy and the College’s response to reports made pursuant to this policy. The contact information for the Title IX Coordinator is:

Leila E. Lawrence
Diversity Compliance Officer & Title IX Coordinator Office of Diversity and Equity
Mint Building, Room M2-7 1700 Spring Garden Street
Philadelphia, PA 19130

Phone: (215) 751-8039

E-mail:

C. Conduct Prohibited by this Policy

The following conduct is prohibited by this policy:

III. REPORTING VIOLATIONS OF THIS POLICY 

B. Off-Campus Community Resources**

1. 1. Lutheran Settlement House Bilingual Domestic Violence Program
      1340 Frankford Avenue, Philadelphia, PA 19125 - For Counseling Services: (215) 426-8610, ext. 1236
   2. Pennsylvania Coalition Against Rape
      2101 North Front Street Governor’s Plaza North, Building #2
      Harrisburg, PA 17110 Hotline: 1-888-772-7227 Office: 1-800-692-7445
   3. Women Organized Against Rape
      One Penn Center, 1617 John F. Kennedy Blvd., Suite 800, Philadelphia, PA 19103
      Hotline: (215) 985-3333 Office: (215) 985-3315
   4. Women Against Abuse
      100 South Broad Street, Suite 134, Philadelphia, PA 19110
      Hotline: 1-866-723-3014 Office: (215) 386-1280
   5. Philadelphia Domestic Violence Hotline
      Dial: 1-866-723-3014
   6. Counseling services via the Employee Assistant Program (Employees Only)
      Dial: 1-800-437-0911
**The College is not affiliated with these community resources. This list may be subject to change. Contact the Title IX Coordinator or the Dean of Students for the most current information regarding available off-campus resources. 

VIII. EMERGENCY ASSISTANCE FOR VICTIMS OF SEXUAL ASSAULT, RELATIONSHIP VIOLENCE OR STALKING 

An individual who is in imminent danger of Sexual Assault, Relationship Violence, or Stalking should contact law enforcement or, if on campus, the Department of Public Safety.

An individual who is in imminent danger of Sexual Assault, Relationship Violence, or Stalking should contact law enforcement or, if on campus, the Department of Public Safety.

1. 1. Department of Public Safety
      
      On-campus emergencies should be reported to the Department of Public Safety.  The Department of Public Safety is available 24 hours per day, seven days per week.
      Main Campus – Mint Building, Room MG-12, (215) 751-8111, or Extension 5555 from a campus phone 
      West Philadelphia Regional Center – Public Safety Desk, (267) 299-5863
      Northwest Regional Center – Public Safety Desk, (215) 496-6012
      Northeast Regional Center – Public Safety Desk, (215) 972-6219
      
      Additionally, red emergency phones are located throughout Main Campus and the Regional Centers.  Dial 5555 for direct access to the Department of Public Safety.
   2. Police Department
      An individual can also report emergencies occurring on- or off-campus by dialing 911 to reach the local police department.
   3. Medical Attention
      In the event of an emergency that requires medical attention, individuals should go to the nearest hospital.  Below is contact information for hospitals located in the vicinity of Main Campus and the Regional Centers.
      
      Main Campus
      Hospital of the University of Pennsylvania
      3400 Spruce Street
      Philadelphia, PA 19104
      (215) 662-4000
      
      Pennsylvania Hospital
      800 Spruce Street
      Philadelphia, PA 19107
      (215) 829-3000
      
      Penn Presbyterian Medical Center
      51 North 39th Street
      Philadelphia, PA 19104
      (215) 662-8215
      
      Jefferson University Hospital
      132 South 10th Street
      Philadelphia, PA 19107
      (215) 952-9130
      
      West Regional Center
      Penn Presbyterian Medical Center
      51 North 39th Street
      Philadelphia, PA 19104
      (215) 662-8000
      
      Mercy Philadelphia Hospital
      501 South 54th Street
      Philadelphia, PA 19143
      (215) 748-9000
      
      Northwest Regional Center
      Einstein Medical Center – Philadelphia
      5501 Old York Road
      Philadelphia, PA 19141
      (215) 456-7890
      
      Northeast Regional Center
      Aria – Jefferson Health Torresdale
      Red Lion and Knights Road
      Philadelphia, PA 19114 
      (215) 612-4000

IX. ENFORCEMENT AND TRAINING 

The Title IX Coordinator is responsible for ensuring the enforcement of this policy, and for administering training regarding this policy, with the ultimate goal of raising awareness and preventing Sexual Harassment, Relationship Violence, and Stalking within the College community.  The Title IX Coordinator, in conjunction with the Office of the Dean of Students, the Department of Public Safety, and other departments as applicable, will conduct trainings for faculty, administrators, staff, and students and otherwise serve as a resource for the College community regarding individual rights and responsibilities under this policy.  All materials for training pursuant to this policy can be found here (link to training materials).  

Appendix A

Relevant Definitions from 34 C.F.R. Part 668, Appendix A

Sex Offenses – any sexual act directed against another person, without the consent of the victim including instances where the victim is incapable of giving consent.

Fondling – the touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental incapacity.

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

Rape – the 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 victim.

Statutory Rape – sexual intercourse with a person who is under the statutory age of consent.

Relevant Definitions from the Pennsylvania Crimes Code

18 Pa. Cons. Stat. Ann. § 2709.1 – Stalking

• Offense defined. – A person commits the crime of stalking when the person either:

1. 1. Engages in a course of conduct or repeatedly commits acts toward another person, including following the person without proper authority, under circumstances which demonstrate either an intent to place such other person in reasonable fear of bodily injury or to cause substantial emotional distress to such other person; or
   2. Engages in a course of conduct or repeatedly communicates to another person under circumstances which demonstrate or communicate either an intent to place such other person in reasonable fear of bodily injury or to cause substantial emotional distress to such other person.

• Definitions. – As used in this section, the following words and phrases shall have the meanings given to them in this subsection: “Communicates.” To convey a message without intent of legitimate communication or address by oral, nonverbal, written or electronic means, including telephone, electronic mail, Internet, facsimile, telex, wireless communication or similar transmission.

“Course of conduct.” A pattern of actions composed of more than one act over a period of time, however short, evidencing a continuity of conduct. The term includes lewd, lascivious, threatening or obscene words, language, drawings, caricatures or actions, either in person or anonymously. Acts indicating a course of conduct which occur in more than one jurisdiction may be used by any other jurisdiction in which an act occurred as evidence of a continuing pattern of conduct or a course of conduct.

“Emotional distress.” A temporary or permanent state of mental anguish.

“Family or household member.” Spouses or persons who have been spouses, persons living as spouses or who lived as spouses, parents and children, other person related by consanguinity or affinity, current or former sexual or intimate partners or persons who share biological parenthood. 

18 Pa. Cons. Stat. Ann. § 3121 – Rape

1. Offense defined. – A person commits a felony of the first degree when the person engages in sexual intercourse with a complainant:
   1. By forcible compulsion.
   2. By threat of forcible compulsion that would prevent resistance by a person of reasonable resolution.
   3. Who is unconscious or where the person knows that the complainant is unaware that the sexual intercourse is occurring.
   4. Where the person has substantially impaired the complainant’s power to appraise or control his or her conduct by administering or employing, without the knowledge of the complainant, drugs, intoxicants or other means for the purpose of preventing resistance.
   5. Who suffers from a mental disability which renders the complainant incapable of consent.
2. Rape of a child. – A person commits the offense of rape of a child, a felony of the first degree, when the person engages in sexual intercourse with a complainant who is less than 13 years of age.
3. Rape of a child with serious bodily injury. – A person commits the offense of a rape of a child resulting in serious bodily injury, a felony of the first degree, when the person violates this section and the complainant is under 13 years of age and suffers serious bodily injury in the course of the offense.

18 Pa. Cons. Stat. Ann. § 3122.1 – Statutory Sexual Assault

1. Felony of the second degree. – Except as provided in section 3121 (relating to rape), a person commits a felony of the second degree when that person engages in sexual intercourse with a complainant to whom the person is not married who is under the age of 16 years and that person is either:

   1. Four years older but less than eight years older than the complainant; or

   2. Eight years older but less than 11 years older than the complainant.
2. Felony of the first degree. – A person commits a felony of the first degree when that person engages in sexual intercourse with a complainant under the age of 16 years and that person is 11 or more years older than the complainant and the complainant and the person are not married to each other.

18 Pa. Cons. Stat. Ann. § 3123 – Involuntary Deviate Sexual Intercourse

1. Offense defined. – A person commits a felony of the first degree when the person engaged in deviate sexual intercourse with a complainant:
   1. By forcible compulsion;
   2. By threat of forcible compulsion that would prevent resistance by a person of reasonable resolution;
   3. Who is unconscious or where the person knows that the complainant is unaware that the sexual intercourse is occurring;
   4. Where the person has substantially impaired the complainant’s power to appraise or control his or her conduct by administering or employing, without the knowledge of the complainant, drugs, intoxicants or other means for the purpose of preventing resistance;
   5. Who suffers from a mental disability which renders him or her incapable of consent; or
   6. Deleted.
   7. Who is less than 16 years of age and the person is four or more years older than the complainant and the complainant and person are not married to each other.
2. Involuntary deviate sexual intercourse with a child. – A person commits involuntary deviate sexual intercourse with a child, a felony of the first degree, when the person engages in deviate sexual intercourse with a complainant who is less than 13 years of age.
3. Involuntary deviate sexual intercourse with a child with serious bodily injury. – A person commits an offense under this section with a child resulting in serious bodily injury, a felony of the first degree, when the person violates this section and the complainant is less than 13 years of age and the complainant suffers serious bodily injury in the course of the offense.
4. Definition. – As used in this section, the term “forcible compulsion” includes but is not limited to, compulsion resulting in another person’s death, whether the death occurred before, during or after the sexual intercourse.

18 Pa. Cons. Stat. Ann. § 3124.1 – Sexual Assault

Except as provided in section 3121 (rape) or 3123 (relating to involuntary deviate sexual intercourse), a person commits a felony of the second degree when that person engages in sexual intercourse or deviate sexual intercourse with a complainant without the complainant’s consent.

18 Pa. Cons. Stat. Ann. § 3125 – Aggravated Indecent Assault

1. Offenses defined. – Except as provided in section 3121 (relating to rape), 3122.1 (relating to statutory sexual assault), 3123 (relating to involuntary deviate sexual intercourse) and 3124.1 (relating to sexual assault), a person who engages in penetration, however slight, of the genitals or anus of a complainant with a part of the person’s body for any purpose other than good faith medical, hygienic or law enforcement procedures commits aggravated indecent assault if:
   1. The person does so without the complainant’s consent;
   2. The person does so by forcible compulsion;
   3. The person does so by threat of forcible compulsion that would prevent resistance by a person of reasonable resolution;
   4. The compliant is unconscious or the person knows that the complainant is unaware that the penetration is occurring;
   5. The person has substantially impaired the complainant’s power to appraise or control his or her conduct by administering or employing, without the knowledge of the complainant, drugs, intoxicants or other means for the purpose of preventing resistance;
   6. The complainant suffers from a mental disability which renders him or her incapable of consent;
   7. The complainant is less than 13 years of age;
   8. or The complainant is less than 16 years of age and the person is four or more years older than the complainant and the complainant and the person are not married to each other.
2. Aggravated indecent assault of a child. – A person commits aggravated indecent assault of a child when the person violates subsection (a)(1), (2), (3), (4), (5) or (6) and the complainant is less than 13 years of age.

18 Pa. Cons. Stat. Ann. § 3126 – Indecent Assault

1. Offense defined. – A person is guilty of indecent assault if the person has indecent contact with the complainant, causes the complainant to have indecent contact with the person or intentionally causes the complainant to come into contact with seminal fluid, urine or feces for the purpose of arousing sexual desire in the person or the complainant and:
   1. The person does so without the complainant’s consent;
   2. The person does so by forcible compulsion;
   3. The person does so by threat of forcible compulsion that would prevent resistance by a person of reasonable resolution;
   4. The complainant is unconscious or the person knows that the complainant is unaware that the indecent contact is occurring;
   5. The person has substantially impaired the complainant’s power to appraise or control his or her conduct by administering or employing, without the knowledge of the complainant, drugs, intoxicants or other means for the purpose of preventing resistance;
   6. The complainant suffers from a mental disability, which renders the complainant incapable of consent;
   7. The complainant is less than 13 years of age;
   8. or The complainant is less than 16 years of age and the person is four or more years older than the complainant and the complainant and the person are not married to each other.

18 Pa. Cons. Stat. Ann. § 3127 – Indecent Exposure

Offense defined. – A person commits indecent exposure if that person exposes his or her genitals in any public place or in any place where there are present other persons under circumstances in which he or she knows or should know that this conduct is likely to offend, affront or alarm.