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The Administrative Policies

TAP NO. 31: SEXUAL MISCONDUCT AND GENDER DISCRIMINATION

Scope

This Policy applies to faculty, students, and staff; all individuals doing business with or providing services to the University; and all other persons that participate in the University's educational programs and activities, including third-party visitors on campus. This Policy applies regardless of whether the Complainant and the Respondent are members of the same sex, and it applies regardless of national origin, immigration status, or citizenship status.

Purpose

To establish the University's policy prohibiting sex and/or gender-based discrimination; to provide guidance on the University's response to reported violations of this Policy; and to notify Complainants and Respondents of their rights and responsibilities when a violation is reported.

I. Policy Statement

It is the Policy of Duquesne University to provide an educational, employment, and business environment free of all forms of sex and/or gender-based discrimination, as further defined in this Policy and as otherwise prohibited by state and federal law. This Policy responds to the specific requirements of federal and state law, including Title IX of the Education Amendments Act of 1972 ("Title IX"), and the Violence Against Women Reauthorization Act (VAWA). Conduct prohibited by this Policy may also violate other applicable federal and state laws.

TAP 31 has three appendices. Appendix A provides resources for individuals who have experienced sexual assault. Appendix B sets forth the University's Resolution Process for addressing all reported violations of TAP 31. Appendix C provides guidance on what a Complainant and/or a Respondent can expect during the University's Resolution Process.

II. Jurisdiction

The University has jurisdiction over Title IX-related complaints regarding conduct that occurs on campus, during an official University program or activity (regardless of location), or off campus when the conduct creates a hostile environment on campus. The University's jurisdiction does not reach a Respondent who is not a member of the University community, but in such instances, the University will assist a Complainant with locating resources, including his or her local Police Department, or reporting to other University Title IX Coordinators as applicable.

III. Training

Periodic training is mandatory for all University employees related to issues covered under this Policy.

All University employees are required to complete Title IX training within their first thirty (30) days of employment.

The Title IX Coordinator and Deputy Title IX Coordinators will receive regular training regarding Title IX, VAWA, and this Policy.

All Hearing and Appeal Panel members receive training prior to serving on a Panel and that training is refreshed on an annual basis.

IV. Standard of Proof

A finding with respect to a Respondent's responsibility for committing a violation of this Policy is made using a preponderance of the evidence standard. This means that a Hearing Panel will make a determination whether it is more likely than not that the Respondent is responsible for committing a violation.

V. Definitions

As used in this Policy and the accompanying appendices, the word "Complainant" refers to an individual who is affected by an alleged violation of this Policy, the word "Respondent" refers to an individual who allegedly violated this Policy, and the word "Reporter" refers to an individual who makes a report that this Policy has been violated. A Reporter is sometimes the same person as the Complainant. A "witness" is anyone with first-hand knowledge of the alleged violation of TAP 31.

VI. Conduct Prohibited by this Policy

a. Sexual Harassment - Sexual harassment is unwelcome conduct of a sexual nature, including unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, graphic, or physical conduct of a sexual nature, when:

1. Submission to or rejection of such conduct is made either explicitly or implicitly a condition of an individual's employment or academic standing, or is used as the basis for employment decisions or for academic evaluation, grades, or advancement. This quid pro quo sexual harassment can occur whether a person resists and suffers the threatened harm, or whether the person submits and avoids the threatened harm.

2. Such conduct creates a hostile environment that interferes with an individual's employment, education, or access to University programs, activities, and opportunities. A hostile environment can be created by conduct that is severe, persistent, or pervasive, or by a single severe episode. The more severe the conduct, the less need there is to show a repetitive series of incidents to prove a hostile environment.

b. Gender-Based Harassment - Gender-based harassment is behavior consisting of physical or verbal conduct based on gender, sexual orientation, gender-stereotyping, perceived gender, and/or gender identity, but not involving conduct of a sexual nature, when such conduct is sufficiently severe or pervasive such that it substantially interferes with an individual's employment, education, or ability to participate in or benefit from University programs, activities, or opportunities and would detrimentally affect a reasonable person under the same circumstances. Gender-based harassment may include, but is not limited to, verbal or physical attacks, graphic or written statements, threats, or slurs. Alleged gender-based harassment may also violate TAP 30.

c. Sexual Misconduct - Sexual misconduct is a broad term encompassing any unwelcome behavior of a sexual nature that is committed without consent, or by force, intimidation, coercion, or manipulation. Sexual misconduct can be committed by strangers, acquaintances, and family members, as well as casual and long-term dating partners.

d. Sexual Assault - Sexual assault is actual or attempted sexual contact or behavior that occurs without the Complainant's consent and/or by force. Some forms of sexual assault include: rape; forcing a Complainant to perform sexual acts; penetration that is unconsented to; and/or unwanted touching or fondling.

e. Sexual Exploitation - Sexual exploitation involves taking non-consensual sexual advantage of another person. Examples may include, but are not limited to: electronically recording, photographing, or transmitting intimate or sexual utterances, sounds, or images without the knowledge and consent of all parties involved; voyeurism; and/or distributing intimate sexual information about another person without that person's consent.

f. Stalking - Stalking is a course of conduct directed at a specific person that would cause a reasonable person to fear for his/her safety or the safety of others, or to suffer substantial emotional distress. Stalking may include repeatedly following, harassing, threatening, or intimidating another by telephone, mail, electronic communication, social media, or any other action, device or method.

g. 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 will be based on the Complainant/Reporter's statements and with consideration of the length and 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 can also include emotional, verbal, and economic abuse, and can exist without the presence of physical abuse.

h. Domestic Violence - Domestic violence is a pattern of abusive behavior in any relationship that is used by one partner to gain or maintain power and control over another intimate partner. Domestic violence can be physical, sexual, emotional, economic, or psychological actions or threats of actions that influence another person. This includes any behaviors that intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure, or wound someone.

i. Retaliation - Retaliation means any adverse action or threat taken or made against an individual for making a report alleging a violation of this Policy or participating in any investigation or proceeding related to this policy. No individual who complains of or reports an alleged violation of this Policy or who participates in the investigation or resolution of such a complaint shall be subject to retaliation as a result of such activity or participation.

VII. Prohibition of Romantic Relationships in Certain Situations

Because of the potential for sexual harassment in certain situations, the University prohibits romantic and/or sexual relationships in the following situations:

a. No faculty member may engage in a romantic and/or sexual relationship or in romantic and/or sexual conduct with any student currently enrolled at Duquesne University.

b. No athletic department employee may engage in a romantic and/or sexual relationship or in romantic and /or sexual conduct with a student athlete.

c. No campus police officer or security officer may engage in a romantic and/or sexual relationship or in romantic and/or sexual conduct with any student currently enrolled at Duquesne University.

d. No Residence Life staff member may engage in a romantic and/or sexual relationship or in romantic and/or sexual conduct with any student currently enrolled at Duquesne University.

e. A supervisor may not engage in a romantic and/or sexual relationship or in romantic and/or sexual conduct with any employee in the supervisor's department or division.

All universities hold a special relationship with their students. At Duquesne our actions are guided by our identity and mission as a Catholic university. Therefore, we expect all employees to exercise good judgment and to demonstrate appropriate professional behavior when interacting with students.

VIII. Consent

a. What is consent:

A party must actively and positively agree to sexual contact for the sexual contact to be considered consensual. Both parties must receive verbal agreement and positive cooperation. For additional information, please see www.duq.edu/titleix.

IX. Resources for Reporting

a. Title IX Coordinator - The University's Title IX Coordinator is Sean Weaver, 412-396-2560, weavers@duq.edu. It is the responsibility of the Title IX Coordinator to:

1. Receive report and complaints under this Policy;

2. Coordinate dissemination of information and education and training programs;

3. Assist members of the University community in understanding the actions that are prohibited by this Policy;

4. Answer questions about this Policy;

5. Ensure that employees and students are aware of the procedures for reporting and addressing a complaint of a violation of this Policy;

6. Oversee the prompt, fair, and impartial Resolution Process of complaints/reports of violations of this Policy filed with the University in accordance with the provisions of this Policy and the TAP 31 Resolution Process; and

7. Chair the Title IX Advisory Committee. This Committee monitors and addresses trends and pervasive patterns of violations of this Policy, evaluates current Title IX training and preventative programming, and proposes new trainings and programming as appropriate.

b. Deputy Title IX Coordinators - The University's Deputy Title IX Coordinators are:

Jeffrie Mallory, 412-396-1117, malloryj@duq.edu;

Sherene Brantley, 412-396-5243, lemoniass@duq.edu;

Anne Mullarkey Sawa, 412-396-6642, mullarke@duq.edu; and

Ryan Dawson, 412-396-5881, dawsonr@duq.edu.

The Deputy Title IX Coordinators may receive reports of alleged violations of this Policy. They will also answer questions about this Policy, ensure employees and students are aware of this Policy and its procedures for reporting, and will act along with the Title IX Coordinator in administering this Policy.

c. University Police - In situations involving danger to persons or property, individuals are encouraged to report the incident to the applicable local police department or Duquesne's Public Safety department at 412-396-2677.

d. Confidential Resources - Some University employees may talk with a Complainant in confidence. These resources are:

1. Spiritan Campus Ministry, 412-396-6020,

2. University Counseling, 412-396-6204 (after 4:30 p.m. call 412-396-2677), and

3. Health Services, 412-396-1650

Off-campus confidential resources include:

1. Pittsburgh Action Against Rape (PAAR):

• 24 hour helpline: 1-866-END-RAPE

2. Center for Victims of Violence and Crime (CVVC):

• 24 hour helpline: 1-866-644-2882

All Confidential Resources may have reporting requirements and/or other obligations under state or federal law, including reporting requirements under the Clery Act, which mandates reporting of certain crimes but does not require the report to include any personally identifiable information.

e. Responsible Employees - At Duquesne, all employees are Responsible Employees, except for those who are deemed "Confidential Resources" in this Policy.

A Responsible Employee is not a Confidential Resource. A Responsible Employee with knowledge of an alleged or actual violation of this Policy must report it to the Title IX Coordinator, and must report all relevant details about the alleged or actual violation of this Policy, including the name of the Complainant, the name of the Respondent (if known), other individuals involved, and relevant facts including the date, time, and location.

X. Remedial and/or Protective Measures

The University offers a wide range of resources for students and employees, whether as Complainants or Respondents, to provide support and guidance throughout the initiation, investigation, and resolution of a report of conduct that is prohibited by this Policy. Further, the University will offer reasonable and appropriate measures to protect a Complainant and facilitate the Complainant's continued access to University employment and/or educational programs and activities. These measures may be remedial or protective, as follows:

a. Remedial measures: measures designed to maintain a Complainant's continued access to educational programs or activities. Remedial measures may be temporary or permanent, and are available regardless of whether a Complainant decides to file a charge with the University, make a report to law enforcement agencies, or participate in the TAP 31 Resolution Process. Examples may include:

1. Extensions of deadlines and other academic supports,

2. Change in the Complainant's work schedule or job assignment,

3. Change in the Complainant's campus housing, and/or

4. Escort and other safety planning steps.

b. Protective measures: measures involving a restrictive action against a Respondent. Protective measures are temporary pending the completion of the TAP 31 Resolution Process and accordingly assume that the Complainant or the University has filed a charge against the Respondent. Examples may include:

1. Change in the Respondent's class schedule,

2. Change in the Respondent's work schedule or job assignment,

3. Change in the Respondent's campus housing,

4. Exclusion from all or part of University housing or specified activities or areas of campus,

5. Prohibition from participating in student activities or representing the University in any capacity,

6. Imposition of a no-contact directive between the Respondent and Complainant, and/or

7. Interim suspension.

The Title IX Coordinator has the discretion to impose and/or modify any remedial and/or protective measure based on all available information, and is available to meet with a Complainant or Respondent to address any concerns about the provision of remedial and/or protective measures.

XI. Sanctions

a. How Sanctions are Determined: When a Respondent has been found responsible for violating TAP 31, appropriate sanctions may be assigned which are adequate to protect the safety of the campus community and reflective of the seriousness of the sexual misconduct, sexual violence, and the other prohibitions contained within this Policy. Previous conduct violations by a Respondent may be considered when assigning sanctions.

b. Potential Sanctions against Students: Students are subject to the non-exhaustive list of disciplinary sanctions in the Code of Student Rights, Responsibilities, and Conduct for violations of the Code. These may include one or more of the following measures: written reprimand, loss of privileges, disciplinary probation, educational research/projects, restitution, fines, intervention, no contact orders, fees, suspension, and/or expulsion. As set forth in the Code of Student Rights, Responsibilities, and Conduct, the University reserves the right to impose other sanctions in response to the specific circumstances of a violation of this Policy.

c. Potential Sanctions against Employees: Disciplinary sanctions for employee violations of this Policy may range from a disciplinary warning to termination from the University. Disciplinary sanctions may include one or more of the following measures: termination from the University, unpaid suspension, change in working facility, mandated enrollment in an Employee Assistance Program, written reprimand in personnel file, and/or withholding of salary increase. The University reserves the right to impose other sanctions in addition to those listed above in response to the specific circumstances of a violation of this Policy.

XII. Amnesty for Student Drug or Alcohol Violations

Duquesne considers the reporting of alleged violations of sexual misconduct to be of great importance to our campus community. To encourage reporting, students reporting alleged violations of TAP 31 may be granted immunity from student conduct charges for possession or consumption of alcohol or drugs. For the full Amnesty Policy, see the Student Handbook.

XIII. Relationship with Student Handbook

In the event a student's conduct violates this Policy and other policies contained in the Code of Student Rights, Responsibilities and Conduct, a student may be subject to concurrent processing of both violations.

XIV. Related Information

TAP No. 30, Affirmative Action, Equal Educational and Employment Opportunity and Human Relations in the Workplace and Classroom

The Faculty Handbook.

The Code of Student Rights, Responsibilities, and Conduct.

TAP No. 31 Appendix A - If You or a Friend Have Experienced Sexual Assault

TAP No. 31 Appendix B - TAP No. 31 Resolution Process

TAP No. 31 Appendix C - Rights and Responsibilities of the Complainant, Respondent, and University Under TAP No. 31

XV. Violations

Violations of this Policy are subject to the sanctions set forth in Section XI.

XVI. History

Date of most recent revision: July 2017.

XVII. Ownership of Policy

Title IX Coordinator.