Rights, Options and Resources Available for Victims of Sexual Misconduct
Community College of Philadelphia is committed to maintaining an academic and working environment free of unlawful discrimination and harassment, including sexual harassment or sexual misconduct, which includes, but is not limited to, dating violence, domestic violence, sexual assault, and stalking, whether such conduct arises under Title IX, the Violence Against Women Act (VAWA), under state law or regulations, or otherwise.
The College will address claims of sexual harassment or misconduct, including dating violence, domestic violence, sexual assault, or stalking pursuant to the Policy Against Non-Title IX Sexual Misconduct, Relationship Violence and Stalking (“Non-Title IX Policy”) or the Policy Against Title IX Sexual Harassment (“Title IX Policy”). Each policy sets forth relevant procedures which are available to employees and students and which the College will follow when it receives reports of sexual misconduct, including dating violence, domestic violence, sexual assault, and stalking. The Non-Title IX policy is broader than the Title IX policy and applies to sexual misconduct that, although not rising to the level of Title IX sexual misconduct, is likely to have a substantial effect on an individual College community member, on College life or activities, or that poses a threat of danger to any member of the College community. Which policy applies to an incident of sexual harassment or misconduct, including dating violence, domestic violence, sexual assault, or stalking, will depend on several factors including, but not limited to, the facts alleged, the parties involved, and where the incident occurred.
Below is a summary of the Title IX Policy and the Non-Title IX Policy as applicable to reports of sexual harassment or misconduct, including dating violence, domestic violence, sexual assault, and stalking. The College encourages students and employees to review each policy in full on the College's Policy website. These policies set forth the College’s processes, rights, and options available to the parties involved in reports of dating violence, domestic violence, sexual assault, stalking and other forms of sexual harassment or misconduct. Additionally, you will also find below a list of available resources within the College and the community for employees and students who have been victims of sexual harassment or misconduct, including dating violence, domestic violence, sexual assault, or stalking.
Reporting Allegations of Sexual Misconduct or Harassment
Employees or students who are victims of sexual misconduct or harassment, including dating violence, domestic violence, sexual assault, and stalking are encouraged to seek immediate medical attention if necessary and, if appropriate, report the incident to law enforcement as soon as possible. Seeking medical attention and reporting the incident to law enforcement as soon as possible will also enable timely preservation of evidence, which may be critical to proving that a crime occurred or may be helpful in obtaining a protective order. In the event of an emergency, individuals should dial 911 or contact the Department of Public Safety at (215) 751-8111 or X5555 (for on-campus emergencies only).
Under both the Title IX and Non-Title IX Policies, incidents of sexual misconduct or harassment, including dating violence, domestic violence, sexual assault, or stalking, can also be reported to:
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Title IX Coordinator Mint Building, Room M2-7 |
Department of Public Safety Mint Building, Room MG-12 |
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Students may also report to: Office of the Dean of Students Winnet Student Life Building, Room S1-10 |
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Reports of sexual misconduct or harassment under the Title IX Policy may also be made to employees designated as “Persons With Authority.” Persons With Authority include the following College employees: President and Vice-Presidents; Deans and Associate Deans; Directors; Department Heads and Associate Department Heads; and Managers.
Aside from Persons with Authority, all other employees who receive a report of sexual misconduct or harassment, including dating violence, domestic violence, sexual assault, or stalking must report to the Title IX Coordinator. All reports will be shared with the Director of Public Safety.
Lastly, although the College encourages individuals to provide identifying information when making reports to maximize the College’s ability to effectively investigate and respond to the report, the College will accept anonymous reports via EthicsPoint or Maxient, the College’s confidential reporting systems, or via the Department of Public Safety’s confidential online reporting system. Please note that anonymous complaints will limit the College’s ability to fully investigate and respond to complaints.
Options Regarding Law Enforcement Involvement
A Complainant has the right to notify proper law enforcement authorities, including local police, about the complaint. If the Complainant desires, the College will provide reasonable assistance to the Complainant in notifying law enforcement authorities. Whether or not the Complainant chooses to pursue criminal action is within the discretion of the Complainant, however, and Complainant may decline to notify law enforcement authorities. The College will cooperate with a criminal investigation to the extent permitted by law. An individual may choose to pursue criminal action at any time. The College will conduct its own investigation regardless of whether an individual files a criminal complaint, subject to any requests by law enforcement to delay or temporarily postpone its investigation. The College reserves the right to notify law enforcement of reports of sexual misconduct or harassment, including dating violence, domestic violence, sexual assault, or stalking if the College determines that such notification is necessary to protect the health and safety of the College community or the public.
When a complaint of sexual misconduct or harassment, including dating violence, domestic violence, sexual assault, or stalking, is made, the College will provide both parties with written notice of their rights and options, as described in the Non-Title IX and Title IX Policies.
Investigation and Hearing Process
The investigation and hearing process, which applies to complaints of sexual misconduct or harassment, including dating violence, domestic violence, sexual assault, or stalking, will depend upon whether the claim arises under the Title IX Policy or the Non-Title IX Policy. The Title IX Coordinator carries ultimate responsibility for determining which policy applies to a particular complaint. In all cases, the investigation and hearing process is carried out in a prompt, fair, and impartial manner by College officials who do not have a conflict of interest or bias for or against either party.
Title IX Investigation and Hearing Process
For claims under the Title IX Policy, the Title IX Coordinator will contact the Complainant to explain the process for filing a formal complaint. The Title IX Coordinator will review the allegations to determine if they constitute prohibited conduct under the Title IX Policy. Whether or not the Complainant decides to file a formal complaint, the Complainant may request supportive measures from the Title IX Coordinator as explained below.
Informal resolution procedures are available to resolve formal complaints if both parties agree in writing to participate in informal resolution. Either party may withdraw from the informal resolution process at any time. Informal resolution is not available for reports involving an employee as the Respondent and a student as the Complainant.
If a formal complaint is filed, the Title IX Coordinator will provide both parties with simultaneous written notice that a formal complaint has been filed. The written notice will explain the investigation process and advise both parties that they may select an advisor of their choice who may participate in any meetings or hearings related to the investigation. The advisor may or may not be an attorney, and may or may not be selected from the list of advisors maintained by the College.
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 for Title IX claims will be in accordance with the Title IX Policy’s Investigation and Hearing Procedures and Protocols.
If the Respondent is an employee, the Title IX Coordinator will investigate the report. The investigation and disciplinary process will be in accordance with the Title IX Policy’s Investigation and Hearing Procedures and Protocols, the Employee Handbook, and any applicable Collective Bargaining Agreement.
If the Respondent is a third party, the Title IX Coordinator will determine if the College has jurisdiction to investigate the report under the Title IX Policy, and if so, the Title IX investigator will investigate the report. Although the College cannot pursue disciplinary action against a third party Respondent, the College will make reasonable efforts to assist the Complainant in other ways, including providing supportive measures to the Complainant.
The burden of proof and responsibility for gathering evidence for the investigation rests with the College. The investigator will conduct interviews with the Complainant, Respondent, and relevant witnesses, and collect and review relevant documents. The investigator will draft an investigation report that fairly summarizes the relevant evidence. Both parties will have equal opportunity to review the gathered evidence at least 10 days before the investigation report is finalized, and an equal opportunity to submit written responses to the evidence. Both parties will then have equal opportunity to review the finalized investigation report at least 10 days prior to the hearing and submit additional responses to the investigation report.
After the investigation is completed, the College will conduct a live hearing, either in person or via video conference. If the Respondent is a student, the Hearing Officers will be appointed in accordance with the Student Code of Conduct. If the Respondent is an employee, the Hearing Officer will be appointed by the College’s President. Both parties will have an advisor of their choice present the relevant evidence and conduct cross-examination of the parties and witnesses. The standard of evidence used at the hearing will be a preponderance of the evidence standard; that is, the Hearing Officers will determine whether it is more likely than not that the alleged conduct occurred.
Both parties will receive simultaneous written notice of the outcome of the hearing and any disciplinary sanctions. The written notice will include: the standard of evidence used; the procedural history of the process; the findings of fact supporting the determination; a written analysis of each allegation and the determination; any disciplinary sanctions for the Respondent; any remedies for the Complainant; and will specify when the outcome of the hearing becomes final. The written notice will also provide instructions for either party to file an appeal.
The College seeks to resolve Title IX complaints within 90 days, and will advise the parties in writing if resolution is expected to take longer and the reason for the delay.
Non-Title IX Investigation and Hearing Process
For claims under the Non-Title IX Policy, if the Respondent is a student, then 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 compliance with the Student Code of Conduct.
If the Respondent is an employee, the Title IX Coordinator will investigate the report. The investigation and disciplinary process will be in accordance with the procedures set forth in the Anti-Discrimination and Harassment Policy, the Employee Handbook, and any applicable Collective Bargaining Agreement.
If the Respondent is a third party, the Title IX Coordinator will investigate the report according to the procedures set forth in the Anti-Discrimination and Harassment Complaint Policy. Although the College will not be able to pursue disciplinary action against a third party Respondent, the College will make reasonable efforts to assist the Complainant in other ways, including providing interim measures to the Complainant.
The Non-Title IX investigation process will include conducting interviews of the parties and any witnesses, and reviewing any relevant documents. The College will use a preponderance of the evidence standard (i.e., more likely than not) to determine whether the alleged conduct occurred. Both parties will have an equal opportunity to present relevant witnesses and other evidence. Both parties will have equal right to an advisor of their choice at the hearing, although the advisor may not participate in the hearing.
Both parties will receive simultaneous notice of the outcome. For complaints of sexual assault, dating violence, domestic violence, or stalking, both parties will also receive notice of any sanctions imposed upon the Respondent. For other forms of sexual misconduct, the Respondent will receive notice of any sanctions, and the Complainant will receive notice of any sanctions imposed upon the Respondent to the extent those sanctions relate to the Complainant. The notice will also set forth each party’s appeal rights.
Although informal resolution procedures may be available to resolve certain Non-Title IX complaints, informal resolution will not be appropriate for allegations of sexual assault.
The College will seek to resolve Non-Title IX matters within sixty (60) days, and will advise the parties in writing if resolution is expected to take longer and the reason for the delay.
Sanctions
Violations of the Non-Title IX or Title IX Policy may result in disciplinary action, 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 alleged Respondent.
Safe Harbor
A student witness or student victim of a violation of the Non-Title IX or Title IX Policy who reports the 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.
Protective Measures
When the College receives a report of sexual misconduct or harassment, including dating violence, domestic violence, sexual assault, or stalking under the Title IX or Non-Title IX Policy, the College will provide written notice to the parties that, upon request, it will provide reasonably available supportive or interim measures (collectively “protective measures”) [1] pending the outcome of the investigation and hearing process. Protective measures may include changes to academic, living, or working situations, such as 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 protective measures which the College deems reasonable. The College may make certain protective measures permanent measures to be applied even after the investigation and/or disciplinary process is complete, when appropriate under the circumstances. Protective measures are available regardless of whether the Complainant chooses to report the crime to law enforcement, and regardless of whether the Complainant chooses to pursue a formal complaint. Requests for protective measures may be made by the Complainant or the Respondent and should be directed to the Title IX Coordinator.
Confidentiality
The College is committed to protecting the privacy of all parties involved in a report of sexual harassment or misconduct, including dating violence, domestic violence, sexual assault, or stalking, to the extent permitted by applicable law and subject to the College’s reporting obligations. The College will treat all reports with sensitivity, and reports, investigations and findings of hearing proceedings will only be shared in compliance with the Title IX or Non-Title IX Policy, as applicable. The College will complete any publicly available recordkeeping, including Clery Act reporting and disclosures, without the inclusion of personally identifying information. Protective measures will be kept confidentially to the extent possible, and shared only on a need to know basis. Information pertaining to reports made under the Title IX or Non-Title IX Policy will be kept in a secure manner.
Resources
The College has identified the following on and off-campus resources for Individuals who have been victims of sexual misconduct or harassment, including dating violence, domestic violence, sexual assault or stalking. Please note that the College is not affiliated with any of the off-campus resources listed.
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Campus Resources |
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Main Campus – Bonnell Building, BG-07 (215) 751-8169 West Regional Center – Room 132, (215) 516-3781 Northeast Regional Center – Room 102 (215) 516-3780 |
Women’s Outreach and Advocacy Center Winnet Student Life Building, S1-19 (215) 751 - 8808 |
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Winnet Student Life Building, S1-19 (215) 972-6232 |
Winnet Student Life Building, S1-05 (215) 751-8817 |
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Employee Assistance Program (for employees) (800) 437-0911 |
MG-12 on Main Campus; Security Desks at Regional Centers Main Campus – (215) 751-8111 West Regional Center – (215) 516-3663 Northeast Regional Center – (215) 972-6219 |
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Office of Financial Aid (for questions about financial aid) Bonnell Building, Enrollment Central |
Single Stop – Application for Student Emergency Funds |
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Off Campus Victim Advocacy, Health and Mental Health Resources |
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Lutheran Settlement House Bilingual Domestic Violence Program 1 (866) 723-3014 |
Pennsylvania Coalition Against Rape 1(888) 772-7227 |
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(215) 985-3333 |
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Philadelphia Domestic Violence Hotline (866) 723-3014 |
1-800-273-TALK |
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Pennsylvania Coalition Against Domestic Violence (717) 545-6400 |
1(800) 273-TALK |
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(215) 685-6440 |
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National Suicide Prevention Lifeline (988) YOU ARE NOT ALONE |
Philadelphia Sexual Assault Response Center (215) 425-1625 |
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Off Campus Legal Assistance Resources |
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PCAR Sexual Violence Legal Assistance Project https://pcar.org/help-pa/sexual-violence-legal-assistance-project (717) 901-6784 or 1 (800) 692-7445, ext. 190 |
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1 (833) 727-2335 |
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(215) 981-3800 |
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Off Campus Immigration/Visa Resources Survivors of domestic violence or sexual assault may have the right to retain or gain legal status in the United States. For more information, please refer to the resources below. |
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U.S. Citizenship and Immigration Services |
(215) 832-0900
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U.S. Department of Justice List of Pro Bono Legal Service Providers
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American Immigration Lawyer’s Association
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Pennsylvania Immigration Resource Center (717) 600-8099 |
Take Back the Night Foundation – Legal Hotline 567-SHATTER |
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Off Campus Financial Resources |
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[1] The Non-Title IX Policy refers to these measures as interim measures, while the Title IX Policy refers to these measures as supportive measures.