Nov 03, 2024

2024-2025 Westminster College Student Handbook

Non-Discrimination and Sexual Misconduct Policy

WESTMINSTER COLLEGE
Non-Discrimination and Sexual Misconduct Policy

Last Updated August 20, 2024

I. INTRODUCTION
II. SCOPE AND JURISDICTION
III. PROHIBITED CONDUCT
IV. DELEGATION OF DUTIES UNDER THIS POLICY
V. CONFLICTS OF INTEREST OR BIAS
VI. CRIME AND INCIDENT DISCLOSURE OBLIGATIONS
VII. REPORTING DISCRIMINATION, INCLUDING SEX-BASED HARASSMENT
VIII. RESPONDING TO A REPORT
IX. REFERRALS FOR OTHER MISCONDUCT
X. CONSOLIDATION OF COMPLAINTS

RESOLUTION, INVESTIGATION, & DECISIONMAKING: PROHIBITED CONDUCT EXCEPT SEX-BASED HARASSMENT UNDER TITLE IX
XI. OPTIONS FOR INFORMAL RESOLUTION
XII. INVESTIGATION & DECISIONMAKING RESOLUTION
XIII. INVESTIGATION & DECISION-MAKING PROCEDURES

RESOLUTION, INVESTIGATION, & DECISIONMAKING: SEX-BASED HARASSMENT UNDER TITLE IX
XIV. OPTIONS FOR INFORMAL RESOLUTION
XV. INVESTIGATION & DECISIONMAKING RESOLUTION
XVI. INVESTIGATION & DECISION-MAKING PROCEDURES

XVII. REMEDIES & SANCTIONS FOR ALL FORMS OF PROHIBITED CONDUCT
XVIII. APPEAL OF DECISIONS IN CASES INVOLVING SEX-BASED HARASSMENT
XIX. PROHIBITION AGAINST RETALIATION
XX. RECORD RETENTION
XXI. ADDITIONAL ENFORCEMENT INFORMATION
XXII. POLICY REVIEW & REVISION
XXIII. KEY DEFINITIONS
XXIV. PREVENTION EDUCATION
XXV. TRAINING
XXVI. RESOURCES

ADDENDUM

I. INTRODUCTION
This Policy sets forth Westminster College’s obligations with regard to federal civil rights laws under Title VI, Title VII, and the 2020 Title IX Final Rule, state law, and incorporates the definitions and procedural requirements from the 2013 Clery Amendments pertaining to sexual assault, dating violence, domestic violence, and stalking. Further, this Policy outlines conduct, discriminatory, harassing or sexual harassing or retaliatory, prohibited by Westminster College. Pursuant to this Policy, Westminster College will:

Respond to all reports of Prohibited Conduct.
Take necessary measures to end Prohibited Conduct that is in violation of this Policy, prevent its recurrence, and remedy its effect on individuals and the community.
Provide reasonable accommodations to persons with disabilities and reasonable religious accommodations, consistent with state and federal law as related to any process within this policy.

Prohibited Conduct that is prohibited is defined in Section III of this Policy.

When Westminster College receives a report of Prohibited Conduct, the College will respond according to this Policy. Response to each type of Prohibited Conduct will differ based on the nature of the Prohibited Conduct. The 2020 Title IX Final Rule requires specific procedures for violations that include harassment based on sex, including quid pro quo, hostile environment, sexual assault, dating violence, domestic violence, and stalking. Procedural responses specific to other forms of Prohibited Conduct are differentiated throughout this Policy.

A. Statement of Nondiscrimination
Westminster College prohibits discrimination on the basis of race, color, sex, gender, gender identity or expression, age, national origin, sexual orientation, disability, veteran’s status, religion (except for those positions where religious affiliation is a necessary qualification) or any other protected classification in the administration of any of its educational programs, activities, or with respect to admission and employment.

Westminster College also prohibits retaliation against any person opposing discrimination or participating in any discrimination investigation or complaint process, whether internal or external to Westminster College.

Table 1 Application of Westminster College Statement of Nondiscrimination

B. Statement of Equal Access
Westminster College shall provide certain support and modifications to people experiencing pregnancy or related conditions to ensure their equal access to Westminster College’s program or activity. Pregnancy or related conditions include pregnancy, childbirth, termination of pregnancy, lactation; medical conditions related to pregnancy, childbirth, termination of pregnancy, or lactation; and recovery from pregnancy, childbirth, termination of pregnancy, lactation, or related medical conditions.
Westminster College treats pregnancy or related conditions in the same manner and under the same policies as other temporary medical conditions and must allow voluntary leaves of absence. Students, employees, or applicants should contact the Title IX Coordinator for more information. Employees or applicants for employment may also contact the Department of Human Resources for more information, because additional workplace laws and policies apply.

C. Application of Section 504/Americans with Disabilities Act to this Policy
Westminster College complies with the requirements of the Americans with Disabilities Act of 1990, as amended 2008 (“ADAAA”); Sections 504 and 508 of the Rehabilitation Act of 1973, as amended; and all other federal and state laws and regulations prohibiting discrimination on the basis of disability. Westminster College is committed to providing individuals with disabilities equal access to its programs and activities.

Parties may request reasonable accommodations for disabilities to the Title IX Coordinator or Responsible Administrator at any point relating to the implementation of this Policy, including making a disclosure or report, and initiating a Resolution procedure. Accommodations will be granted if the College determines they are reasonable and do not fundamentally alter the procedures established by this Policy.

D. Dissemination of Policy
Westminster College will widely publish this Policy in the Employee, Faculty, and Student Handbooks and prominently on its website. Applications for admission and employment will include the Westminster College statement of non-discrimination, make available this Policy, and share the contact information of the Title IX Coordinator.

E. Title IX Coordinator & Responsible Administrators
Westminster College has identified the Vice President for Student Affairs and Dean of Students as its Title IX Coordinator:

Gina M. Vance, EdD
vancegm@westminster.edu
(724) 946-7110
McKelvey Campus Center, Suite 341 (Student Affairs)

Inquiries about the application of Title IX to the College may be referred to the Title IX Coordinator or the Assistant Secretary of the Office of Civil Rights at the United States Department of Education, or both.

For matters related to Prohibited Conduct that does not qualify as Title IX, the following Responsible Administrators have been identified:

The Associate Dean for Student Affairs is responsible for matters of student conduct.
The Vice President for Academic Affairs and Dean of the College is responsible for matters of faculty conduct.
The Director of Human Resources is responsible for matters of non-faculty employee conduct.

II. SCOPE AND JURISDICTION OF THIS POLICY
All members of Westminster College’s community, including, but not limited to, students, student organizations, faculty, administrators, and staff, whether on or off campus, and third parties such as guests, visitors, volunteers, invitees, and alumni when they are on campus or participating in Westminster College sponsored activities, are subject to this Policy. This Policy applies to all students and employees and all other individuals participating in (or attempting to participate in) Westminster College programs or activities, including Westminster College sponsored events that take place off-campus, but within the United States. The procedures for resolving concerns of Prohibited Conduct will vary based on one’s status.

This Policy may also pertain to instances in which the Prohibited Conduct occurred outside of the campus or Westminster College sponsored activity if Westminster College exercised substantial control over both the individual(s) accused of Prohibited Conduct under this Policy and the context in which the Prohibited Conduct occurs. This includes buildings owned or controlled by officially recognized student organizations.

Any individual covered by this Policy is expected to provide truthful information in any report, meeting, or proceeding under this Policy.

Unless otherwise specified in this Policy, any individual who is accused of engaging in Prohibited Conduct who is not a student, faculty member, or staff member or a participant in Westminster College’s education programs and activities is generally considered a third party. Westminster College’s ability to take corrective action against a third party may be limited and will depend on the nature of the third party’s relationship, if any, to Westminster College. When appropriate, the Title IX Coordinator will refer such allegations against a third party to the appropriate office.

If there is a conflict between the provisions of this Policy and other Westminster College policies, procedures, rules, regulations, or terms or conditions of employment, the provisions of this Policy will govern unless otherwise stated. Any capitalized terms in this Policy are defined as stated or in Section XXI.

III. PROHIBITED CONDUCT
This Policy prohibits discrimination, harassment, including sex-based harassment, and retaliation as defined below. These acts shall also be referred to as Prohibited Conduct under this Policy:

Discrimination on the Basis of a Protected Status

Except as permitted by law, such as in the case of housing which permits sex-separated residential arrangements, Westminster College prohibits discrimination on the basis of a Protected Status/Protected Category. There are two forms of discrimination prohibited by this Policy:

1. Disparate Treatment Discrimination
Disparate impact discrimination occurs in Westminster College’s education programs or activities or employment, when:

Complainant was subjected to an Adverse Action and was harmed;
Complainant’s Protected Status/Protected Category was Respondent’s substantial motivating reason for the Adverse Action;
Respondent’s conduct was a substantial factor in causing the harm.

For the purposes of this definition Adverse Action means:

An action or a course or pattern of conduct that, taken as a whole, materially and adversely affected the terms, conditions, or privileges of employment or causes student or participant in an education program or activity to be excluded from participation in, be denied the benefits of Westminster College’s education programs or activities, including any academic, extracurricular, research, occupational training, or other education program or activity operated by Westminster College. However, minor or trivial actions or conduct that is not reasonably likely to do more than anger or upset an individual cannot constitute an Adverse Action.

2. Disparate Impact Discrimination
Disparate impact discrimination occurs in Westminster College’s education programs or activities or employment, when Westminster College:

Has a policy or practice that has a disproportionate adverse effect on a specific Protected Status/Protected Category;
A Complainant identifies as having the specific Protected Category/Protected Status and was harmed by the Westminster College’s policy or practice; and
The Westminster College’s policy or practice was a substantial factor in causing the harm.

For the purposes of this definition, unless permitted by law, adopting a policy or engaging in a practice that prevents a person from participating in an education program or activity consistent with the person’s gender identity subjects a person to more than de minimis harm on the basis of sex and will be considered prohibited discrimination.

In the employment setting, discrimination on the basis of protected categories includes, but is not limited to, hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and making decision regarding other terms or conditions of employment on the basis of a protected category. Minor or trivial actions or conduct, although frustrating or offensive, do not constitute prohibited Discrimination.

Harassment

Harassment in educational programs and activities means any unwelcome behavior (physical, verbal, graphic, or written) based on a Protected Category 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 Westminster College’s programs and activities. This definition does not include conduct that is specifically defined as Title IX harassment based on sex, which is defined and processed separately.

Sex-Based Harassment

Sex-based harassment under Title IX is a form of sex discrimination and means sexual harassment and other harassment on the basis of sex. Under this Policy, prohibited Sex-based Harassment includes the following conduct.

1. Quid Pro Quo Harassment
Quid pro quo harassment occurs when an employee, agent, or other person authorized by Westminster College to provide an aid, benefit, or service under Westminster College’s education program or activity, explicitly or implies that proving such an aid, benefit, or service will occur only if a person participates in sexual conduct that they do not welcome.

2. Hostile Environment Harassment
Hostile environment harassment is defined as unwelcome sex-based conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the College’s education program or activity. Whether a hostile environment has been created is a fact-specific inquiry that includes consideration of the following:

The degree to which the conduct affected the individual’s ability to access Westminster College’s education program or activity,
The type, frequency, and duration of the conduct;
The parties’ ages, roles within Westminster College’s education program or activity, previous interactions, and other factors about a party that may be relevant to evaluating the effects of the conduct;
The location of the conduct and the context in which the conduct occurred; and
Other sex-based harassment in Westminster College’s education program or activity.

Conduct is unwelcome if an individual did not request or invite it and regarded the conduct as undesirable or offensive. Acquiescence in the conduct or the failure to complain does not always mean that conduct was welcome.

Sexual Assault & Interpersonal Violence

1. Sexual assault
Sexual assault is defined as any sexual act directed against another person, without the affirmative consent of the victim, including instances where the victim is incapable of giving affirmative consent.

Sexual assault includes:

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 affirmative consent of the victim. Attempted rape falls under this prohibition.
Fondling - The touching of the private body parts of another for the purpose of sexual gratification, without the affirmative consent of the victim, including instances where the victim is incapable of giving consent because of their age or because of their 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.
Statutory Rape - Sexual intercourse with a person who is under the statutory age of consent. The statutory age of consent is 16 in Pennsylvania.

For the purposes of these definitions, a Sexual Act is defined as conduct between persons consisting of:

a. Contact between the penis and the vulva, or between penises and vulvas.
b. Contact between the penis and the anus.
c. Contact between the mouth and the penis.
d. Contact between the mouth and the vulva.
e. Contact between the mouth and anus.
f. Contact between anuses.
g. Contact involving any of the above or the buttocks or breasts.

Private body parts include all of the body parts specified above, including genitals, groin area, breasts and buttocks.

Any incident meeting this definition that occurs with Westminster College’s Clery jurisdiction is considered a reportable incident for the purposes of Clery Act reporting.

2. Dating Violence
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.

Any incident meeting this definition that occurs with Westminster College’s Clery jurisdiction is considered a reportable incident for the purposes of Clery Act reporting.

3. Domestic Violence
This includes felony or misdemeanor crimes of violence committed by a person who is a current or former spouse or intimate partner of the victim under the family or domestic violence laws of the jurisdiction of Westminster College, or a person similarly situated to a spouse of the victim; is cohabitating, or has cohabitated, with the victim as a spouse or intimate partner; shares a child in common with the victim; or commits acts against a youth or adult victim who is protected from those acts under the family or domestic violence laws of the Commonwealth of Pennsylvania.

Any incident meeting this definition that occurs with Westminster College’s Clery jurisdiction is considered a reportable incident for the purposes of Clery Act reporting.

4. Stalking
Westminster College prohibits both Stalking and Stalking on the basis of sex. Stalking is defined as 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.

Any incident meeting this definition that occurs with Westminster College’s Clery jurisdiction is considered a reportable incident for the purposes of Clery Act reporting.

Sexual Misconduct

Sexual misconduct is defined as any sex act previously defined as well as intimidation, non-consensual sexual contact, non-consensual sexual intercourse, sexual exploitation, or sexual violence. When the conduct meets the definitions and jurisdiction of the Title IX Policy, those procedures will be used to resolve the allegations.

1. Intimidation
Intimidation is the intentional act of coercing or frightening someone to engage or not engage in conduct of a sexual nature against a person’s will.

2. Non-consensual sexual contact
Non-consensual sexual contact (e.g., fondling) means any physical touching of a sexual nature which is not preceded by consent or which continues after a previous consent is withdrawn.

3. Non-consensual sexual intercourse
Non-consensual sexual intercourse (e.g., rape) is defined as any sexual intercourse which is not preceded by consent or that continues after previous consent is withdrawn.

4. Sexual Exploitation
Sexual exploitation occurs when a person takes sexual advantage of another person for the benefit of anyone other than that person without that person’s consent, including, but not limited to, any of the following acts:

The prostituting of another person;
The trafficking of another person, defined as the inducement of a person to perform a commercial sex act, or labor or services, through force, fraud, or coercion;
The recording of images, including video or photograph, or audio of another person’s sexual activity or intimate parts;
Distribution of images or audio when the person(s) depicted in the images or audio did not consent to the disclosure;
The viewing of another person’s sexual activity or private body parts, in a place where that other person would have a reasonable expectation of privacy, without that person’s consent for the purpose of arousing or gratifying sexual desire.

Retaliation

Retaliation is any materially adverse action taken against an individual because they were involved in the disclosure, reporting, investigation, or resolution of a report of Prohibited Conduct under this Policy. Retaliation includes threats, intimidation, harassment, coercion, discrimination, violence, or any other conduct by Westminster College, a student, or an employee or other person authorized by Westminster College to provide aid, benefit, or service under Westminster College’s education program or activity, for the purpose of interfering with any right or privilege secured by this Policy or by law, including Title IX or its regulations. Adverse action does not include perceived or petty slights, or trivial annoyances.

The prohibition against retaliation applies to any individuals who participate (or refuse to participate) in any manner in an investigation and to any student who refuses to participate in an investigation or proceeding.

Retaliation may occur even where there is a finding of “not responsible” under this Policy. Good faith actions lawfully pursued in response to a report of Prohibited Conduct are not Retaliation.

IV. DELEGATION OF DUTIES UNDER THIS POLICY
Westminster College shall respond to all allegations of Prohibited Conduct, as defined above. Obligations created by this Policy may be delegated by Westminster College, including to external professionals.

V. CONFLICTS OF INTEREST OR BIAS
Any individual carrying out any part of this Policy shall be free from any actual conflict of interest or demonstrated bias that would impact the handling of a matter. Should a Responsible Administrator have a conflict of interest, they will immediately notify their supervisor who will either take, or reassign, the role.

**TIX**: Should the Title IX Coordinator have a conflict of interest, the Title IX Coordinator shall immediately notify the President of the College who will either take, or reassign, the role of Title IX Coordinator for purposes of carrying out the handling and finalization of the matter at issue. Should any Investigator, Decisionmaker, or Appeals Officer have a conflict of interest, the Investigator, Decisionmaker, or Appeals Officer shall notify the Title IX Coordinator upon discovery of the conflict so that the Title IX Coordinator may reassign the role as appropriate.

VI. CRIME AND INCIDENT DISCLOSURE OBLIGATIONS
The Clery Act is a federal crime and incident disclosure law. It requires, among other actions, that Westminster College report the number of incidents of certain crimes, including some of the Prohibited Conduct in this Policy, that occur in particular campus-related locations. The Clery Act also requires Westminster College to issue a warning to the community in certain circumstances.

In the statistical disclosures and warnings to the community, Westminster College will ensure that a Complainant’s name and other identifying information is not disclosed. PA Title 23, Pennsylvania’s mandatory reporting laws include Definition of Child Abuse, Persons Required to Report Suspected Child Abuse, Persons Encouraged to Report Suspected Child Abuse, and Reporting Procedure. The Associate Dean of Students, Director of Human Resources, or Title IX Coordinator will refer information to the Clery Officer when appropriate for a determination about Clery-related actions, such as disclosing crime statistics or sending campus notifications.

VII. REPORTING DISCRIMINATION, INCLUDING SEX-BASED HARASSMENT

A. Employee Reporting Obligations
Reporting is an important strategy for remedying discrimination and reducing violence. Employees are encouraged to report conduct that is in violation of this Policy to the appropriate Responsible Administrator (Table 2).

When reporting conduct that is in violation of this Policy, the employee should include their own name and contact information, and all known details about an incident, which may include, if known, the dates, times, locations, names of involved individuals and the nature of the incident. Reports can be made using the online report form at https://www.westminster.edu/report-incident or in person, by phone, or by email.

Whether or not an employee chooses to report a violation, they are required to provide to an individual who discloses sex-based harassment with the Clery VAWA Written Notification, available by contacting the Wellness Center or Title IX Coordinator. Westminster College will provide all employees with an electronic copy of the Clery VAWA Written Notification annually.

Employees will, to the fullest extent possible, maintain the privacy of an individual’s information, consistent with FERPA.

A note about Clery reporting responsibilities that differ from this Policy: Pursuant to the Clery Act, employees who are identified by Westminster College as Campus Security Authorities (athletic directors, full-time faculty, work study supervisors, team coaches, residence life staff, student affairs personnel, and student conduct hearing officers) are required to report conduct that may constitute a crime. Employees may report Clery crimes here: https://www.westminster.edu/campus/services/csa-incident-report.cfm

B. Referrals to Advocacy or Support
When an individual discloses discrimination, harassment, or sexual misconduct, employees are encouraged to make a referral to advocacy or a support office on campus. Westminster College Wellness Center can arrange on campus advocacy for student and employee victims of interpersonal violence. Students who experience discrimination may find support in the Cultural Center, Office of Faith & Spirituality, or Student Affairs. Employees who experience discrimination may contact Human Resources for Employee Assistance Program information.

C. How to Make a Report of Prohibited Conduct to Westminster College
All complaints of Prohibited Conduct will be taken seriously and in good faith. The appropriate Title IX Coordinator or Responsible Administrator will provide information and guidance regarding how to file a complaint with Westminster College and/or local law enforcement, as well as information and assistance about what course of action may best support the individual(s) involved and how best to address the complaint.

Every reasonable effort will be made to maintain the privacy of those making a report to the extent possible. In all cases, Westminster College will give consideration to the party bringing forward a report with respect to how the matter is pursued.

Westminster College may, when necessary to protect the community, initiate an investigation or take other responsive actions to a report, even when the person identifying a concern chooses not to participate in a resolution process and/or requests that Westminster College not initiate an investigation.

Employees, students, guests, or visitors who believe that this Policy has been violated should promptly contact the Title IX Coordinator or Responsible Administrator as follows: https://westminster.edu/report-incident

Reports may be made at any time (including during non-business hours) by using the telephone number or email address of the Title IX Coordinator or Responsible Administrator or using the online report form. There is no timeline for making a report of discrimination; however, Westminster College encourages the prompt reporting of a complaint as the ability of Westminster College to pursue the complaint to conclusion may be hindered by the passage of time.

D. Amnesty for Reporting
An individual who participates as a Complainant or witness in an investigation of Prohibited Conduct will not be subject to disciplinary sanctions for a violation of Westminster College’s policy at or near the time of the incident, unless Westminster College determines that the violation was egregious, including, but not limited to, an action that places the health or safety of any other person at risk or involves plagiarism, cheating, or academic dishonesty.

E. Privacy and Confidentiality
References made to privacy mean Westminster College offices and employees who cannot guarantee confidentiality, but will maintain privacy to the greatest extent possible, relaying information as necessary to investigate or seek a resolution and to notify the Responsible Administrator or designee, who is responsible for tracking patterns and spotting systemic issues. Westminster College will limit the disclosure as much as practicable.

All activities under these procedures shall be conducted with the privacy interests of those involved. While Westminster College will take all reasonable steps to protect the privacy of individuals involved in a complaint, it may be necessary to disclose some information to individuals or offices on campus to address a complaint or provide for the physical safety of an individual or the campus. Thus, Westminster College cannot, and does not, guarantee that all information related to complaints will be kept confidential.

To maintain the privacy of evidence gathered as part of any resolution process, access to materials under the procedures in this Policy will be provided only by a secure
method and parties and advisors are not permitted to make copies of any documents shared or make use of the documents outside of the processes described in this Policy. Parties may request to review a hard copy of materials, and Westminster College will make that available in a supervised or monitored setting. Inappropriately sharing materials provided during this process may constitute retaliation under this Policy.

Individuals may speak confidentially with a Confidential Resource. Confidential Resources (e.g., licensed mental health care providers, physicians, campus advocates and clergy) may not report to Title IX Coordinator or other Responsible Administrator any identifying information about conduct that may violate Westminster College’s Policy against discrimination without the written consent of the individual who supplied the information, unless required by law. Such disclosures will not be reported to the Title IX Coordinator or initiate any process under this Policy.

While employees are encouraged to report violations of this Policy, Westminster College employs two types of employees who will not report information about discrimination to the Title IX Coordinator or Responsible Administrator:

Privileged and Confidential Employees. Mental health counselors and College chaplains, whose communications are privileged or confidential under federal or state law. The employee must be hired for and functioning within the scope of their duties to which the privilege or confidentiality applies. For example, physicians, clergy, and mental health counselors are all confidential employees. Disclosures made to these employees cannot be disclosed to anyone internal or external to Westminster College without the express permission from the individual disclosing the information. State law requires professional counselors to report: (i) when a patient is likely to engage in conduct that would result in serious harm to the patient or others; (ii) if there is reasonable cause to suspect that a minor has been sexually abused. These reports must be made to https://www.compass.state.pa.us/cwis/public/home.
Employees Designated as Confidential. Employees designated by Westminster College as exempt from reporting violations of this Policy to the Title IX Coordinator and designated as such for the purpose of providing services to the campus community related to sex discrimination. Such employees must be acting in the scope of that role when they learn of the information about sex discrimination for this exemption to apply. The ombudsperson and sexual violence response counselors, specifically the Assistant Director of Well-being Programs and Violence Prevention are exempt from internal reporting. Disclosures made to these employees means that information will not be shared with the Title IX Coordinator or anyone within Westminster College but may be released under legal action or court order without the permission of the individual disclosing the information.

A list of resources may be found at https://www.westminster.edu/victimresources

F. Reporting to the Police
Some Prohibited Conduct may constitute a violation of both the law and Westminster College policy. Westminster College encourages students and employees to report alleged crimes promptly to local law enforcement agencies. All persons have the right to file with law enforcement, as well as the right to decline to file with law enforcement. The decision not to file shall not be considered as evidence that there was not a violation of Westminster College policy.

Criminal investigations may be useful in gathering relevant evidence, particularly forensic evidence. The standards for finding a violation of criminal law are different from the standards for finding a violation of this Policy. Conduct may constitute Prohibited Conduct under this Policy even if law enforcement agencies lack sufficient evidence of a crime and decline to prosecute.

Proceedings under this Policy may be carried out prior to, simultaneously with, or following civil or criminal proceedings off campus. However, when a complaint is made to Westminster College as well as to law enforcement, Westminster College may delay its process if a law enforcement agency requests that Westminster College delay its process for a reasonable amount of time to allow law enforcement to gather evidence of criminal misconduct. Criminal or legal proceedings are separate from the processes in this Policy and do not determine whether this Policy has been violated.

All investigations and determinations under this Policy will be thorough, reliable and impartial, and will seek to collect evidence and names of witnesses to gather information that is directly or substantially relevant to whether the alleged policy violation occurred. Investigations will not be based on the grounds that civil or criminal charges involving the same incident have been filed or that charges have been dismissed or reduced.

In the case of an emergency, where the physical well-being of a member of Westminster College community or the safety of Westminster College as an institution is threatened, any individual with such knowledge should promptly inform the Director of Public Safety. Westminster College may take any immediate steps as may be necessary and appropriate under the circumstances to ensure the well-being of Westminster College community and Westminster College as an institution.

VIII. RESPONDING TO A REPORT
When Westminster College receives a report of Prohibited Conduct, the College will respond using the process outlined in this section. The College’s response will differ based on the requirements of the 2020 Title IX Final Rule for violations that include sex-based harassment, sexual assault, dating violence, domestic violence, and stalking.

This Policy includes two types of responses to a report:

Procedures covering all Prohibited Conduct matters (Title VI and Title VII) except for sex-based harassment that is explicitly covered by Title IX; and
Procedures covering sex-based harassment as defined by Title IX (Title IX).

The College’s response to a report begins with an initial contact, intake, and assessment which is conducted similarly regardless of the Prohibited Conduct. Options for Resolution, Investigation, and Decision-making vary based on regulations set forth through Title VI, Title VII, or the 2020 Title IX Final Rule and are differentiated in Sections XI through XVI.

A. Initial Contact
Following receipt of a report alleging Prohibited Conduct, the Title IX Coordinator or Responsible Administrator will contact the Complainant to meet for an initial intake meeting.

The Title IX Coordinator or Responsible Administrator will provide Complainants with the following:

An invitation to meet to offer assistance and explain their rights, resources, and options under this Policy;
Access to this Policy;
Information regarding available campus and community resources for counseling, health care, mental health, or victim advocacy. Upon request, information regarding legal assistance, visa and immigration assistance, student financial aid and other available services may be provided;
The availability of Supportive Measures, regardless of whether a complaint is filed and/or any resolution process is initiated;
The options for resolution (no action, prevention, agreement, investigation) and how to initiate such resolution processes;
The right to notify law enforcement as well as the right not to notify law enforcement;
The importance of preserving evidence and, in the case of potential criminal misconduct, how to get assistance from Public Safety or local law enforcement in preserving evidence;
The student’s right to an advisor of choice, if applicable, during Westminster College proceedings under this Policy, including the initial meeting with the Title IX Coordinator;
A statement that retaliation for filing a complaint, or participating in the complaint process, is prohibited; and
Information on how to initiate the Investigation or Resolution-Based Agreement process.

B. Initial Intake & Assessment
The Initial Assessment process seeks to gather information about the nature and circumstances of the report to determine whether this Policy applies to the report and, if so, which resolution process may be appropriate, as well as whichsection of the Resolution procedures apply based on the conduct and the status of the parties.
The Title IX Coordinator or Responsible Administrator may also determine that the provision of supportive measures only is the appropriate response under the Policy.
The initial assessment is not a finding of fact or responsibility. If the individual bringing forward the complaint is not the actual Complainant, the Title IX Coordinator or Responsible Administrator will limit communication to general information on policies and processes.

Should the Complainant wish to initiate a resolution process, the Title IX Coordinator or Responsible Administrator will determine whether this Policy applies and, if so, the appropriate process under this Policy. The Title IX Coordinator or Responsible Administrator will communicate to the Complainant this determination. If the Complainant does not wish to initiate a resolution process, the Title IX Coordinator or Responsible Administrator will assess whether to proceed as set forth below.
If the information provided, if assumed to be true does not meet a definition of Prohibited Conduct, the Title IX Coordinator or Responsible Administrator will provide the Complainant written notice that the matter is being referred for handling under a different policy, and/or to another appropriate office for handling.

C. Requests for Confidentiality or No Further Action
When a Complainant requests that Westminster College not use their name as part of any resolution process, or that Westminster College not take any further action, Westminster College will generally try to honor those requests for cases involving sex-based harassment under Title IX. However, there are certain instances in which Westminster College has a broader obligation to the community and may be unable to honor the Complainant’s request. In such circumstances, the Title IX Coordinator or Responsible Administrator will notify the Complainant in writing of the need to take action. The factors the Title IX Coordinator or Responsible Administrator will consider when determining whether to act against the wishes of a Complainant include:

The Complainant’s request not to proceed with initiation of a complaint;
The Complainant’s reasonable safety concerns regarding initiation of a Complaint;
The risk that additional acts would occur if a Complaint is not initiated;
The severity of the alleged sex-based harassment under Title IX, including whether the conduct, if established, would require the removal of a Respondent from campus or imposition of another disciplinary sanction to end the sex-based harassment under Title IX and prevent its recurrence;
The age and relationship of the parties, including whether the Respondent is an employee of Westminster College;
The scope of the alleged sex-based harassment under Title IX, including information suggesting a pattern, ongoing conduct, or sex-based harassment under Title IX alleged to have impacted multiple individuals;
The availability of evidence to assist a Decisionmaker in determining whether sex-based harassment under Title IX occurred;
Whether Westminster College could end the alleged sex-based harassment under Title IX and prevent its recurrence without initiating its Resolution procedures under this Policy; and
Whether the conduct as alleged presents an imminent and serious threat to the health or safety of the Complainant or other persons, or that the conduct as alleged prevents Westminster College from ensuring equal access to its education program or activity.

D. Emergency Removal **TIX**
For sex-based harassment under Title IX, Westminster College retains the authority to remove a Respondent from Westminster College’s education program or activity on an emergency basis, where Westminster College:

Undertakes an individualized safety and risk analysis;
Determines that an immediate and serious threat to the health or safety of a Complainant or any student, employee, or other individual arising from the allegations of sex discrimination justifies a removal; and
Provides the Respondent with notice of and an opportunity to challenge the decision immediately following the removal.

The Respondent may challenge the decision immediately following the removal by notifying the Title IX Coordinator in writing. For all other Prohibited Conduct, Westminster College may defer to its interim suspension policies for students and administrative leave for employees.

E. Administrative Leave
Westminster College retains the authority to place an employee Respondent on administrative leave during a pending complaint process under this Policy, with or without pay, as appropriate.

F. Student Withdrawal or Employee Resignation While Matters Are Pending
If a student or employee Respondent permanently withdraws or resigns from Westminster College with unresolved allegations pending, Westminster College will
consider whether and how to proceed with the resolution process. Westminster College will continue to address and remedy any systemic issues or concerns that may have contributed to the alleged violation(s) and any ongoing effects of the alleged Prohibited Conduct.

A student Respondent who withdraws or leaves while the process is pending may not be readmitted to Westminster College without first resolving any pending matters. Such exclusion applies to all Westminster College programs and sites where programs are offered.

An employee Respondent who resigns with unresolved allegations pending is not eligible for rehire with Westminster College and the records retained by the Title IX Coordinator or Responsible Administrator will reflect this status. All Westminster College responses to future inquiries regarding employment references for that individual should be referred to the Department of Human Resources.

G. Dismissal of a Complaint
Before dismissing a complaint, Westminster College will make reasonable efforts to clarify the allegations with the Complainant. Westminster College must dismiss a complaint of sex-based harassment under Title IX if:

Westminster College determines the conduct alleged in the complaint, even if proven, would not constitute Prohibited Conduct under this Policy.
The Prohibited Conduct did not occur against a person in the United States.

Westminster College may dismiss a complaint if:

The Respondent is not participating in Westminster College’s programs or activities and/or is not employed by Westminster College;
The Complainant voluntarily withdraws their complaint in writing and the Title IX Coordinator or Responsible Administrator declines to initiate a complaint. This dismissal must be consistent with its legal obligations;
The Complainant voluntarily withdraws some but not all allegations in a complaint in writing, and Westminster College determines that the conduct that remains alleged in the complaint would not constitute Prohibited Conduct under this Policy; or
Specific circumstances prevent Westminster College from gathering evidence sufficient to reach a determination.

Upon dismissal of a complaint, Westminster College will promptly notify the Complainant in writing of the basis for the dismissal. If the dismissal occurs after the Respondent has been notified of the allegations, then Westminster College will notify the parties simultaneously, in writing. If a dismissal of one or more allegations changes the appropriate decision-making process under these procedures, the Title IX Coordinator or Responsible Administrator will include that information in the notification.

A Complainant who decides to withdraw a complaint or any portion of it may later request to reinstate it or refile it.

IX. REFERRALS FOR OTHER MISCONDUCT
Westminster College has the discretion to refer complaints of misconduct not covered by this Policy for handling under any other applicable Westminster College policy or code. As part of any such referral for further handling, Westminster College may use evidence already gathered through any process covered by this Policy.

X. CONSOLIDATION OF COMPLAINTS
Westminster College may consolidate Complaints as to allegations of Prohibited Conduct against more than one Respondent, or by more than one Complainant against one or more Respondents, or by one party against the other party, where the allegations of Prohibited Conduct arise out of the same facts or circumstances. Where a Resolution process involves more than one Complainant or more than one Respondent, references in this section to the singular ”party,” ”Complainant,” or ”Respondent” include the plural, as applicable. Where multiple policies may be implicated by the same set of facts or circumstances, Westminster College may bifurcate the proceedings in accordance with the requirements of the individual policies.

XI. OPTIONS FOR INFORMAL RESOLUTION FOR REPORTS OF PROHIBITED CONDUCT, EXCEPT CASES INVOLVING SEX-BASED HARASSMENT UNDER TITLE IX
Westminster College does not require individuals to waive the right to an investigation and adjudication of complaints. Similarly, Westminster College does not require parties to participate in an informal resolution process under this section and may not offer an informal resolution process for sex-based harassment under Title IX if the Respondent is an employee and the Complainant is a student.

There are multiple ways to resolve a complaint or report of Prohibited Conduct. During the resolution of a complaint, the Responsible Administrator will determine whether to implement reasonable Supportive Measures designed to assist all parties (Complainants and Respondents) and community members in maintaining access to and participation in Westminster College’s educational programs, services and activities during the resolution of the complaint.

A. Support-Based Resolution
A support-based resolution is an option for a Complainant who does not wish Westminster College to take any further steps to address their concern, and when the Responsible Administrator determines that another form of resolution, or further action, is not required. Some types of support that may be appropriate include but are not limited to: adjustments or changes to class schedules; moving from one residence hall room to another; adjusted deadlines for projects or assignments; adjustments to work schedule or arrangements; escorts to and around campus; and/or counseling.

A support-based resolution does not preclude later use of another form of resolution, for example if new information becomes available to Westminster College and the Responsible Administrator determines there is need for additional steps to be taken, or the Complainant later decides to pursue a Resolution Agreement or investigation and decision making.

B. Agreement-Based Resolution
Agreement-Based Resolution is an alternative where the Parties each voluntarily agrees to resolve the complaint in a way that does not include an investigation and does not include any finding. Agreement-Based Resolution is a voluntary, structured interaction between or among affected parties that balances support and accountability. Parties and the Responsible Administer may agree to pause or exit the investigation and decisionmaking resolution procedures to explore Agreement-Based Resolution. There must be a Formal Complaint on file to proceed with Agreement-Based Resolution in cases involving sex-based harassment under Title IX.

Any party may design the proposed agreement between the parties. The Responsible Administrator must approve of the use of the Agreement-Based Resolution process and approve the final agreement between the parties. Agreement-Based Resolution may be initiated at any time prior to the release of the final determination. Because Agreement-Based Resolution does not involve an investigation, there is not any determination made as to whether a Respondent violated this Policy.

The Responsible Administrator has the discretion to determine that Agreement-Based Resolution is not an appropriate way to address the reported sex-based harassment, and that the matter must instead be resolved through an alternate process.

Initiating the Agreement-Based Resolution Process

Prior to the initiation of Agreement-Based Resolution, the Responsible Administrator will provide the Parties written notice that includes:

The specific allegation and the specific Prohibited Conduct that is alleged to have occurred;
The requirements of the Agreement-Based Resolution process;
Any consequences resulting from participating in the Agreement-Based Resolution process, including the records that will be maintained or could be shared, and whether Westminster College could disclose such information for use in a future Westminster College Resolution process, including an investigation and resolution process arising from the same or different allegations, as may be appropriate;
Notice that an agreement resulting from the Agreement-Based Resolution process is binding only on the parties and is not subject to appeal;
Notice that once the Agreement is finalized and signed by the Parties, they cannot initiate or continue an investigation procedure arising from the same allegations;
A statement indicating that the decision to participate in the Agreement-Based Resolution process does not presume that the conduct at issue has occurred;
A statement that the Respondent is presumed not responsible for violating this Policy, unless Respondent admits to violations of this Policy;
An explanation that parties who are students may be accompanied by an advisor of their choice, who may be an immediate family member, colleague, friend, or attorney;
A statement that any party has the right to withdraw from the Agreement-Based Resolution process and initiate or resume Resolution procedures at any time before agreeing to a resolution.

Facilitating an Agreement

If all Parties are willing to explore Agreement-Based Resolution, the Responsible Administrator will then meet separately with each party to discuss the Agreement-Based Resolution process and facilitate an agreement. If an agreement cannot be reached, either because the Parties do not agree, determine they no longer wish to participate in the Agreement-Based Resolution process, or the Responsible Administrator does not believe that the terms of the agreement or continuing the Agreement-Based Resolution process is appropriate, the Responsible Administrator may decide that the reported conduct will instead be addressed through the investigation and decision-making process. The Responsible Administrator will inform the parties of such decision, in writing.

Agreement-Based Resolution processes are managed by facilitators who do not have a conflict of interest or bias in favor of or against Complainants or Respondents generally or regarding the specific parties in the matter. The Responsible Administrator may serve as the facilitator or will be responsible for appointing a trained facilitator, subject to these restrictions.

Any party may craft or create the terms of their agreement and will be asked for their suggestions or ideas.

To facilitate Agreement-Based Resolution, information shared by any party will not be used in any related resolution process of the same complaint under this policy. No evidence concerning the allegations obtained within the Agreement-Based Resolution process may be disseminated to any outside person, provided that any party to the Agreement-Based Resolution process may generally discuss the allegations under investigation with an immediate family member, advisor, or other source of emotional support, or with an advocacy organization. An admission of responsibility made during an Agreement-Based Resolution process, however, may not be incorporated into the investigation and adjudication proceeding.

Finalizing the Resolution Agreement

Once the final terms of the Resolution Agreement have been agreed upon by all parties, in writing, and approved by the Responsible Administrator, the matter will be considered closed, and no further action will be taken. Once signed, no appeal is permitted.

Records of an Agreement-Based Resolution process can be shared with other offices as appropriate.

Any violations of the terms of the Resolution Agreement may result in disciplinary action.

XII. INVESTIGATION & DECISIONMAKING RESOLUTION FOR REPORTS OF PROHIBITED CONDUCT, EXCEPT CASES INVOLVING SEX-BASED HARASSMENT UNDER TITLE IX

Acceptance of Responsibility

If a Respondent accepts responsibility for all or part of the Prohibited Conduct alleged, the Responsible Administrator will issue an appropriate sanction or responsive action as to those violation(s) and continue processing remaining allegations of Prohibited Conduct, if any.

Assignment of the Investigator

Westminster College will assign a qualified Investigator to conduct an adequate, reliable, and impartial investigation and determination, as applicable, in a reasonably prompt timeframe. Westminster College reserves the right to utilize internal or external Investigators.

All parties have the option to participate in the investigation, and each has the same rights during the resolution process. Student parties have the right to have an advisor and all parties have the right to submit relevant witness names and evidence.

The Investigator will create an investigative report that fairly summarizes relevant evidence and will provide it to the Responsible Administrator.

Timeline

Westminster College strives to complete the investigation process within ninety (90) business days from the date of the Notice of Allegations.

The timeline for any part of the resolution process may be extended for good cause by the Responsible Administrator. All parties shall be notified, in writing, of any extension to the timeline that is granted, the reason for the extension, and the new anticipated date of conclusion of the investigation and/or hearing.

Westminster College shall not unreasonably deny a student party’s request for an extension of a deadline related to a complaint during periods of examinations or school closures.

Burden of Proof

Westminster College has the burden of conducting an investigation that gathers sufficient evidence to determine whether Prohibited Conduct occurred. This burden does not rest with any party, and any party may decide to limit their participation in part or all of the process, or to decline to participate. This does not shift the burden of proof away from Westminster College and does not indicate responsibility.

Westminster College may not access, consider, disclose or otherwise use a party’s records that are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional with privilege or identified as confidential without the written consent of the party.

Standard of Evidence

The standard of evidence used in any investigation and decision-making process is the preponderance of the evidence standard, which means that the allegation(s) are more likely than not to have occurred.

Written Notice of Meetings for Sex-Based Harassment Investigations

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

Evidence Gathering

A. Interviews
The Investigator will interview all parties and relevant witnesses and gather relevant documentary evidence provided by the parties and any identified witnesses. Interviews may be conducted in person, or via video conference. When a party meets with an Investigator, the Investigator will ask questions related to the allegations in the complaint and a party is given the opportunity speak to the allegations and related events. Parties may identify fact witnesses and provide evidence that is relevant to the allegations and not otherwise impermissible. This will include inculpatory evidence (that tends to show it more likely that someone committed a violation) and exculpatory evidence (that tends to show it less likely that someone committed a violation). The Investigator ultimately determines whom to interview to determine the facts relevant to the complaint.

B. Impermissible Evidence for Sex-Based Harassment Investigations
The following types of evidence, and questions seeking that evidence, are impermissible. This means this information will not be accessed or considered, except by Westminster College to determine whether one of the exceptions listed below applies. This information will not be disclosed or otherwise used, regardless of relevance:

Evidence that is protected under a privilege recognized by federal or state law, unless the person to whom the privilege or confidentiality is owed has voluntarily waived the privilege or confidentiality;
Evidence provided to an employee designated by Westminster College as exempt from internal reporting under this Policy, unless the person who made the disclosure or otherwise provided evidence to that employee has voluntarily consented to re-disclosure;
A party’s or witness’s records that are made or maintained by a physician, psychologist, or other recognized professional or paraprofessional in connection with the provision of treatment to the party or witness, unless Westminster College obtains that party’s or witness’s voluntary, written consent for use in its Resolution procedures.

XIII. INVESTIGATION & DECISION-MAKING PROCEDURES FOR ALL PROHIBITED CONDUCT EXCEPT SEX-BASED HARASSMENT UNDER TITLE IX
This procedure is for all allegations of Prohibited Conduct being investigated and determined under this Policy, except for sex-based harassment under Title IX.

A. Notice of Allegations and Investigation
Prior to the start of an investigation, the Parties will be provided a written Notice of Investigation communicating the initiation of an investigation. Should additional allegations be brought forward, or information regarding location or date of the incident(s), a revised written Notice of Investigation shall be provided to all parties.

The Notice shall include, at a minimum:

The specific allegations, including the identity of the parties, and dates and location if known;
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), a description of the facts alleged to constitute Prohibited Conduct, the type of Prohibited Conduct, and the date(s) and location(s) of the alleged incident(s);
A statement that Retaliation is prohibited;
Contact information for the assigned Investigator and Decisionmaker, as well as the process for raising a challenge to the appointed Investigator, Decisionmaker, or Title IX Coordinator, and the deadline for doing so;
Whether the Investigator, or another individual, shall serve as the Decisionmaker;
If the party is a student, a statement indicating that the parties may have an advisor of their choice who may be a friend, colleague, therapist, or attorney;
If the party is a student, a statement that the parties are entitled to an equal opportunity to access the relevant and not otherwise impermissible evidence, and to provide a response;
A statement that Westminster College prohibits knowingly making false statements or knowingly submitting false information during Resolution procedures, with a link to the relevant policy(ies).

B. Individual Interviews
The Investigator will hold individual interviews with parties and witnesses to ask relevant and not otherwise impermissible questions and follow-up questions, including questions exploring credibility. Only the Investigator and the party or witness may attend each individual interview. If the party is a student, a party’s advisor may attend these meetings, subject to the rules described above in this Policy. Additional attendees may be permitted at the discretion of the Responsible Administrator in connection with an approved disability-related accommodation. All persons present at any time during any part of the investigation or resolution process are expected to maintain the privacy of the proceedings and not discuss or otherwise share any information learned as part of those proceedings, and may be subject to further Westminster College discipline for failure to do so.

Westminster College may also adopt and apply other reasonable rules regarding decorum, provided they apply equally to the parties. Westminster College will share expectations of decorum to be observed at all times in any meeting or proceeding under this Policy. These expectations are applied equally to all parties and advisors. Westminster College has the discretion to remove, with or without prior warning, from any meeting or proceeding an involved party, witness, or advisor who does not comply with these expectations and any other applicable Westminster College rules.

C. Investigation Report
The Investigator, who may also serve as the Decisionmaker, shall evaluate the relevant and not impermissible evidence and make a factual determination regarding each allegation, and also determine whether a violation of the Policy occurred. The Investigator may choose to place less or no weight upon statements by a party or witness who refused to respond to questions deemed relevant and not impermissible, or declined to participate. The Investigator will not draw an inference based solely on a party’s or witness’s refusal to respond to questions. The Investigator shall prepare a report which may include:

A description of the allegations of Prohibited Conduct;
Information about the policies and procedures used to evaluate the allegations;
A description of the procedural steps taken from the receipt of the complaint through the determination, including any notifications to the parties, interviews with parties and witnesses, and methods used to gather other evidence;
An evaluation of the relevant and not otherwise impermissible evidence and the rationale for that evaluation;
Findings of fact for each allegation, with rationale; and
Conclusions regarding which section of this Policy or other Westminster College policy, if any, the Respondent has or has not violated, with rationale.

This report shall be provided to the Responsible Administrator. In the event that the Decisionmaker has determined that a violation of Westminster College policy has occurred, the Responsible Administrator shall determine the sanction or remedies.

The Responsible Administrator shall then provide the parties with a written Notice of Outcome. The Notice of Outcome shall include:

A statement of, and rationale for, any disciplinary sanctions Westminster College imposed on the Respondent to the Respondent only;
A statement as to whether remedies will be provided to the Complaint;
For the Complainant, a description of any remedies that apply to the Complainant;
Westminster College’s procedures and the permitted reasons for parties to appeal as defined in employee, faculty, and student handbooks.

The determination regarding responsibility becomes final either on the date that Westminster 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.

XIV. OPTIONS FOR INFORMAL RESOLUTION FOR CASES INVOLVING SEX-BASED HARASSMENT ***TIX***
Westminster College does not require individuals to waive the right to an investigation and adjudication of complaints. Similarly, Westminster College does not require parties to participate in an informal resolution process under this section and will not offer an informal resolution process if the Respondent is an employee and the Complainant is a student.

There are multiple ways to resolve a complaint or report of Prohibited Conduct. During the resolution of a complaint, the Title IX Coordinator will determine whether to implement reasonable supportive measures designed to assist all parties (Complainants and Respondents) and community members in maintaining access to and participation in Westminster College’s educational programs, services and activities during the resolution of the complaint.

A. Support-Based Resolution
A support-based resolution is an option for a Complainant who does not wish Westminster College to take any further steps to address their concern, and when the Title IX Coordinator determines that another form of resolution, or further action, is not required. Some types of support that may be appropriate include but are not limited to: adjustments or changes to class schedules; moving from one residence hall room to another; adjusted deadlines for projects or assignments; adjustments to work schedule or arrangements; escorts to and around campus; and/or counseling.

A support-based resolution does not preclude later use of another form of resolution, for example if new information becomes available to Westminster College and the Title IX Coordinator determines there is need for additional steps to be taken, or the Complainant later decides to pursue a Resolution Agreement or investigation and decision making.

Any party may design the proposed agreement between the parties. In cases involving sex-based harassment, the Title IX Coordinator must approve of the use of the Agreement-Based Resolution process and approve the final agreement between the parties. Agreement-Based Resolution may be initiated at any time prior to the release of the final determination. Because Agreement-Based Resolution does not involve an investigation, there is not any determination made as to whether a Respondent violated this Policy.

The Title IX Coordinator has the discretion to determine that Agreement-Based Resolution is not an appropriate way to address the reported sex-based harassment, and that the matter must instead be resolved through an alternate process.

Initiating the Agreement Based Resolution Process
Prior to the initiation of Agreement-Based Resolution, the Title IX Coordinator will provide the Parties written notice that includes:

The specific allegation and the specific conduct that is alleged to have occurred;
The requirements of the Agreement-Based Resolution process;
Any consequences resulting from participating in the Agreement-Based Resolution process, including the records that will be maintained or could be shared, and whether Westminster College could disclose such information for use in a future Westminster College Resolution process, including an investigation and resolution process arising from the same or different allegations, as may be appropriate;
Notice that an agreement resulting from the Agreement-Based Resolution process is binding only on the parties and is not subject to appeal;
Notice that once the Agreement is finalized and signed by the Parties, they cannot initiate or continue an investigation procedure arising from the same allegations;
A statement indicating that the decision to participate in the Agreement-Based Resolution process does not presume that the conduct at issue has occurred;
A statement that the Respondent is presumed not responsible for violating this Policy, unless Respondent admits to violations of this Policy;
An explanation that all parties may be accompanied by an advisor of their choice, who may be an immediate family member, colleague, friend, or attorney;
A statement that any party has the right to withdraw from the Agreement-Based Resolution process and initiate or resume Resolution procedures at any time before agreeing to a resolution;
The date and time of the initial meeting with staff or the Title IX Coordinator, with a minimum of 3 days’ notice;
Information regarding Supportive Measures, which are available equally to the parties; and
The potential terms that may be requested or offered in an Agreement-Based Resolution agreement.

Facilitating an Agreement
If all Parties are willing to explore Agreement-Based Resolution, the Title IX Coordinator will then meet separately with each party to discuss the Agreement-Based Resolution process and facilitate an agreement. If an agreement cannot be reached, either because the Parties do not agree, determine they no longer wish to participate in the Agreement-Based Resolution process, or the Title IX Coordinator does not believe that the terms of the agreement or continuing the Agreement-Based Resolution process is appropriate, the Title IX Coordinator may decide that the reported conduct will instead be addressed through the investigation and decision-making process. The Title IX Coordinator will inform the parties of such decision, in writing.

Agreement-Based Resolution processes are managed by facilitators who do not have a conflict of interest or bias in favor of or against Complainants or Respondents generally or regarding the specific parties in the matter. The Title IX Coordinator will be responsible for appointing a trained facilitator, subject to these restrictions. The Title IX Coordinator or Decisionmaker for the matter may not facilitate an Agreement-Based Resolution in that same matter.

Any party may craft or create the terms of their agreement and will be asked for their suggestions or ideas. Examples of agreements may include but are not limited to:

An agreement that the Respondent will change classes or housing assignments;
An agreement that the Parties will not communicate or otherwise engage with one another;
An agreement that the Parties will not contact one another;
Completion of a training or educational project by the Respondent;
Completion of a community service project by the Respondent;
An agreement to engage in a restorative justice process or facilitated dialogue; and/or
Discipline agreed upon by all parties.
To facilitate Agreement-Based Resolution, information shared by any party will not be used in any related resolution process of the same complaint under this policy.

No evidence concerning the allegations obtained within the Agreement-Based Resolution process may be disseminated to any outside person, provided that any party to the Agreement-Based Resolution process may generally discuss the allegations under investigation with an immediate family member, advisor, or other source of emotional support, or with an advocacy organization. An admission of responsibility made during an Agreement-Based Resolution process, however, may not be incorporated into the investigation and adjudication proceeding.

Finalizing the Resolution Agreement
Once the final terms of the Resolution Agreement have been agreed upon by all parties, in writing, and approved by the Title IX Coordinator, the matter will be considered closed, and no further action will be taken. Once signed, no appeal is permitted. The Agreement-Based Resolution process is generally expected to be completed within thirty (30) days and may be extended by the Title IX Coordinator as appropriate. All parties will be notified, in writing, of any extension and the reason for the extension.

Records of an Agreement-Based Resolution process can be shared with other offices as appropriate.

Any violations of the terms of the Resolution Agreement may result in disciplinary action.

XV. INVESTIGATION & DECISIONMAKING RESOLUTION FOR CASES INVOLVING SEX-BASED HARASSMENT ***TIX***
These procedures are used to resolve Formal Complaints of Sex-Based Harassment consistent with Westminster College’s obligations under the 2020 Title IX Final Rule.

Acceptance of Responsibility

If a Respondent accepts responsibility for all or part of the Prohibited Conduct alleged, the Title IX Coordinator will issue an appropriate sanction or responsive action as to those violation(s) and continue processing remaining allegations of Prohibited Conduct, if any.

Assignment of the Investigator

Westminster College will assign a qualified Investigator to conduct an adequate, reliable, and impartial fact-gathering investigation in a reasonably prompt timeframe. Westminster College reserves the right to utilize internal or external Investigators.

All parties have the option to participate in the investigation, and each has the same rights during the resolution process. Parties involved in a sex-based harassment matter have the right to have an advisor, to submit relevant witness names and evidence, and to review the evidence gathered by the Investigator prior to the Investigator providing the final report to the Decisionmaker. The Investigator may not prohibit parties from discussing the allegations under investigation or to gather or present relevant evidence.

The Investigator will establish deadlines for submission of names of relevant witnesses and submission of evidence and communicate those deadlines to the parties in writing.

The Investigator will create an investigative report that fairly summarizes relevant evidence and will provide it to the TIX Coordinator.

Timeline

Westminster College strives to complete the investigation process within ninety (90) business days from the date of the Notice of Allegations.

The timeline for any part of the resolution process may be extended for good cause by the Title IX Coordinator. All parties shall be notified, in writing, of any extension to the timeline that is granted, the reason for the extension, and the new anticipated date of conclusion of the investigation and/or hearing. Good cause reasons for extension may include ensuring availability of witnesses and other participants, concurrent law enforcement activity, need for language assistance or accommodation of disabilities, and sufficient time for participants to review materials.

Westminster College shall not unreasonably deny a student party’s request for an extension of a deadline related to a complaint during periods of examinations or school closures.

The Investigator and/or Title IX Coordinator shall provide the Parties with periodic status updates, in writing.

Burden of Proof

Westminster College may not access, consider, disclose or otherwise use a party’s records that are made or maintained by a physician, psychiatrist, psychologist, or
other recognized professional with privilege or identified as confidential without the written consent of the party.

Standard of Evidence

Written Notice of Meetings for Sex-Based Harassment Investigations

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

Evidence Gathering

Evidence that is protected under a privilege recognized by federal or state law, unless the person to whom the privilege or confidentiality is owed has voluntarily waived the privilege or confidentiality;
Evidence provided to an employee designated by Westminster College as exempt from internal reporting under this Policy, unless the person who made the disclosure or otherwise provided evidence to that employee has voluntarily consented to re-disclosure;
A party’s or witness’s records that are made or maintained by a physician, psychologist, or other recognized professional or paraprofessional in connection with the provision of treatment to the party or witness, unless Westminster College obtains that party’s or witness’s voluntary, written consent for use in its Resolution procedures; and
Evidence that relates to the Complainant’s sexual predisposition or prior sexual behavior, unless evidence about the Complainant’s prior sexual behavior is offered to prove that someone other than the Respondent committed the alleged conduct or is evidence about specific incidents of the Complainant’s prior sexual conduct with the Respondent that is offered to prove consent to alleged sex-based harassment. The fact of prior consensual sexual conduct between the parties does not by itself demonstrate or imply the Complainant’s consent to other sexual activity or preclude a determination that Prohibited Conduct occurred.

XVI. INVESTIGATION & DECISION-MAKING PROCEDURES IN CASES OF SEX-BASED HARASSMENT ***TIX***
This procedure is for all allegations of sex-based harassment.

A. Notice of Allegations
Prior to the start of an investigation, the Parties will be provided a written Notice of Allegations communicating the initiation of an investigation. Should additional allegations be brought forward, or information regarding location or date of the incident(s), a revised written Notice of Allegations shall be provided to all parties.

The Notice shall include, at a minimum:

Westminster College’s investigation procedures, including the applicable determination procedure that will be used in this investigation and resolution, and a link to the relevant policies;
Information about the agreement-based resolution procedures;
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), a description of the facts alleged to constitute Prohibited Conduct, the type of Prohibited Conduct, and the date(s) and location(s) of the alleged incident(s);
A statement that retaliation is prohibited;
A statement that the Respondent is presumed not responsible for Prohibited Conduct until a determination is made at the conclusion of the resolution process. Prior to such a determination, the parties will have an opportunity to present relevant and not otherwise impermissible evidence to a trained, impartial Decisionmaker;
A statement that the parties may have an advisor of their choice who may be a friend, immediate family member, therapist, colleague, or attorney;
A statement that the parties are entitled to an equal opportunity to access the relevant and not otherwise impermissible evidence or an investigation report that accurately summarizes this evidence;
Westminster College’s Student Code of Conduct prohibits knowingly making false statements or knowingly submitting false information during the Resolution procedures.

B. Preservation of Evidence
As soon after the initiation of the investigation as possible, the Title IX Coordinator or the Investigator will notify parties and witnesses to preserve evidence, such as documents, photos, communications, text messages, social media posts. Westminster College must notify the Complainant of a) the importance of preserving evidence as may be necessary to the proof of criminal domestic violence, dating violence, sexual assault, or stalking, or in obtaining a protection order; b) the agencies to whom an alleged offense should be reported; c) options regarding law enforcement and campus authorities, including notification of the complainant’s option to notify proper law enforcement authorities, be assisted by campus authorities in notifying law enforcement, and declining to notify such authorities.

C. Individual Interviews
The Investigator will hold individual interviews with parties and witnesses to ask relevant and not otherwise impermissible questions and follow-up questions, including questions exploring credibility, and to request of the parties the names of relevant witnesses and relevant evidence. Only the Investigator and the party or witness may attend each individual interview. A party’s advisor may attend these meetings. Additional attendees may be permitted at the discretion of the Title IX Coordinator in connection with an approved disability-related accommodation. All persons present at any time during any part of the investigation or resolution process are expected to maintain the privacy of the proceedings and not discuss or otherwise share any information learned as part of the Resolution process and may be subject to further discipline for failure to do so.

The Investigator will then gather from parties, witnesses, and other sources, all relevant evidence.

Westminster College will share expectations of decorum to be observed at all times in any meeting or proceeding under this Policy. These expectations are applied equally to all parties and advisors. Westminster College has the discretion to remove, with or without prior warning, from any meeting or proceeding an involved party, witness, or advisor who does not comply with these expectations and any other applicable Westminster College rules.

The individual interviews may be conducted with all participants physically present in the same geographic location, or, at Westminster College’s discretion, with all participants joining virtually through a video conferencing option. All interviews will be recorded and stored electronically on a secured network. A summary of each interview will be provided to parties in the Investigative Report and can be made available for review in person.

The Investigator will determine, in their sole discretion, whether parties and witnesses are likely to provide relevant information about the allegations and has the sole discretion to determine which parties and witnesses to call to an interview. The Investigator may conduct follow-up interviews as they deem appropriate.

D. Investigator Determination of Relevance
The Investigator will determine whether parties and witnesses are likely to provide relevant information about the allegations and has the sole discretion to determine which parties and witnesses to call to individual follow-up meetings. The Investigator will review all evidence gathered through the investigation and determine what evidence is relevant and what evidence is impermissible regardless of relevance. Character evidence is not relevant evidence, and therefore will not be considered. The Decisionmaker is not bound by the Investigator’s determinations about relevance.

E. Investigative Report
At the conclusion of all fact-gathering, the Investigator will evaluate the relevant and not impermissible evidence and create an investigative report that fairly summarizes relevant evidence.

The Investigator shall prepare a report that shall include:

A description of the allegations of Prohibited Conduct;
Information about the policies and procedures used to evaluate the allegations;
A description of the procedural steps taken from the receipt of the complaint through the determination, including any notifications to the parties, interviews with parties and witnesses, and methods used to gather other evidence;
Summary of facts gathered for each allegation.

F. Evidence Review
Prior to the completion of an investigative report, Westminster College will send each party and their advisor a draft investigative report along with, if any, the evidence subject to inspection and review. The purpose of the inspection and review process is to allow each party the equal opportunity to meaningfully respond to the evidence prior to conclusion of the investigation, to submit any additional relevant evidence and the names of any additional witnesses with relevant information.

Given the sensitive nature of the information provided, Westminster College will facilitate this review in a secure manner. None of the parties nor their advisors may copy, remove, photograph, print, image, videotape, record, or in any manner otherwise duplicate or remove the information provided. Any student or employee who fails to abide by this may be subject to discipline. Any advisor who fails to abide by this may be subject to discipline and/or may be excluded from further participation in the process.

The parties will have a minimum of 10 business days to inspect and review the evidence and submit a written response to the Title IX Coordinator. The Title IX Coordinator shall have the discretion to extend the evidence review period based on the volume and nature of the evidence.

When deemed appropriate by the Investigator, the Investigator shall then conduct any additional fact-gathering as may be necessary. If new, relevant evidence was submitted as part of evidence review, or is gathered during this second fact-gathering period, the new relevant evidence will be made available for review by the parties and their advisors. The parties shall have 10 business days to provide a response to the newly-gathered evidence. No new evidence will be accepted as part of any response, except that the Investigator shall have the discretion to accept relevant evidence that was not previously available or known to exist, and that was not previously discoverable with the exercise of reasonable diligence.

The Investigator will consider the parties’ written responses before finalizing the investigation report. Westminster College will provide a copy of the Final Investigative Report to all parties at least 10 days prior to a hearing.

G. Hearing Procedures
The purpose of a hearing is for a Decisionmaker to determine whether the conduct occurred as alleged, and if so, whether that conduct violates this policy. Westminster College expects that all individuals who participate in the hearing process do so truthfully and that all who have a responsibility for carrying out one or more aspects of the hearing process do so fairly and without prejudice or bias. Hearings may be conducted in person or via videoconferencing. The Title IX Coordinator may determine that the hearing will continue in the absence of any party or any witness.

Westminster College will appoint a Decisionmaker who will determine whether a violation of Westminster College policy has occurred. The Decisionmaker shall have the authority to determine the relevance of evidence submitted, and of questions asked, to limit the time allotted to any phase of the hearing, and/or to limit the time allotted to the full hearing. The Hearing Officer shall not draw an inference about the determination regarding responsibility based solely on a party’s absence from the hearing or refusal to answer questions posed.

Each hearing shall be recorded by Westminster College and this recording will be considered the only official recording of the hearing. No other individual is permitted to record while the hearing is taking place. The recording is the property of Westminster College but shall be available for listening until the conclusion of the appeals process to Complainant, Respondent, their respective advisors, Hearing Officer, and Appeal Officer by contacting the Title IX Coordinator.

Prior to the Hearing

The parties and the Decisionmaker all have the right to call witnesses. Witnesses participating in the hearing must have information relevant to the allegations. Parties who wish to call witnesses must submit the name of the witness at least five (5) business days in advance of the hearing.

Only witnesses who participated in the investigation will be permitted to participate in the hearing, unless the witness was otherwise unknown or not known to have relevant information during the course of the investigation. If the witness did not participate in the investigation, the party must also provide the reason the witness was not interviewed by the investigator, and what information the witness has that is relevant to the allegations. The Decisionmaker will then determine whether the witness has relevant information and if there is sufficient justification for permitting the witness to participate. The Decisionmaker may instead send the case back to the Investigator to interview the newly proffered witness prior to the hearing taking place.

A list of witnesses approved by the Decisionmaker will be provided to the parties at least three (3) business days prior to the hearing.

Three (3) days prior to the hearing, each party shall submit to the Decisionmaker a preliminary list of questions they wish to pose to the other party, or to a witness. If the Decisionmaker determines that any questions are not relevant or seek otherwise impermissible evidence, the Decisionmaker shall exclude the question and explain the reason for the exclusion of the question at the hearing. Questions that are unclear or harassing of the party or witness being questioned will not be permitted. The Decisionmaker must give a party an opportunity to clarify or revise any question that the Decisionmaker has determined is unclear or harassing and, if the party sufficiently clarifies or revises a question, and the question is relevant, the question will be asked.

Advisor

Each Party is entitled to be accompanied by one Advisor at the hearing. The role of the Advisor is to ask questions on behalf of the party they represent during the hearing and to assist the party with understanding and navigating the proceedings. Otherwise, the advisor may not advocate for, respond for, or otherwise speak on behalf of, a party during the hearing. In the event that a party does not appear for the Hearing, the Advisor for that party may not participate in the hearing or submit questions to be asked on behalf of the party. If either party does not have an advisor, Westminster College will provide one for the hearing at no cost to the party.

Hearing Participation Guidelines

The Decisionmaker shall have the authority to maintain order and decorum at the hearing, including responding to disruptive or harassing conduct, and when necessary to adjourn the hearing or exclude a disruptive person. In the event the Decisionmaker removes an Advisor, the Decisionmaker will have the discretion to appoint another Advisor for the remainder of the hearing. The Decisionmaker also has the authority to determine whether any questions are not relevant, abusive, intimidating, or disrespectful, and will not permit such questions. The Decisionmaker cannot draw an inference about the determination regarding responsibility based solely on a party’s absence from the live hearing.

Statements, Questioning, and Presentation of Evidence

The Decisionmaker will call parties and witness for questions. The order of questioning is as follows: the Decisionmaker will pose questions to the parties and witnesses; Advisors will pose previously approved questions to the parties and witnesses. Each party will then be provided an opportunity to submit follow-up written questions to the Decisionmaker for the Decisionmaker to pose to the other party or witnesses. If the Decisionmaker determines that any questions are not relevant to the allegations, or seek otherwise impermissible evidence, the Decisionmaker shall exclude the question and explain the reason for the exclusion of the question at the hearing and offer an opportunity to the party to reframe or resubmit the question. Questions that are unclear or harassing of the party or witness being questioned will not be permitted.

Only the Decisionmaker and advisors are permitted to ask questions of parties and witnesses. Neither party may directly question the other party or witness. Advisors are permitted to ask questions on cross-examination only.

H. Determination
Following the hearing, the Decisionmaker shall prepare a determination report. All findings shall be made by a preponderance of the evidence, meaning more likely than not. To the extent credibility determinations need to be made, such determinations shall not be based on a person’s status as complainant, respondent, or witness.

The determination report will include:

A description of the sex-based harassment and other allegations if applicable;
Description of all procedural steps taken to date;
Findings of fact supporting the determination;
Conclusions regarding the application of this Policy to the facts;
Determinations for each allegation of any policy violation(s), with the rationale;
Sanction determination (if applicable);
Whether remedies will be provided; and
The procedures for an appeal.

The Decisionmaker’s report shall be provided to the Title IX Coordinator. If the Decisionmaker determines that there is no finding of responsibility, the Title IX Coordinator shall communicate the findings to each party, simultaneously, and their advisor should the party wish the advisor to receive it, a written Notice of Outcome along with a copy of the Decisionmaker’s report, to the parties, together with procedures for appeal.

If there is a finding of responsibility, the Title IX Coordinator shall provide each party, simultaneously, and their advisor should the party wish the advisor to receive it, a written Notice of Outcome regarding the Decisionmaker’s decision, including the Decisionmaker’s report. The Title IX Coordinator will also provide written communication to the complainant regarding any appropriate remedies.

The determination regarding responsibility becomes final either on the date that the College provides the parties with the written determination of the result of the appeal, if an appeal is filed, or if an appeal is not filed, the date on which the appeal would no longer be considered timely.

XVII. REMEDIES & SANCTIONS FOR ALL FORMS OF PROHIBITED CONDUCT

Remedies must be designed to restore or preserve equal access to Westminster College’s education program or activity or employment.

A student found responsible for a violation of this Policy will be subject to sanction(s), regardless of whether legal proceedings involving the same incident are underway or anticipated. An employee found responsible for a violation of this Policy will be subject to sanction(s) up to and including termination of employment. If Westminster College has disciplinary authority over any other Respondent, appropriate sanctions may be imposed.

Possible sanctions and remedies that Westminster College may implement following any determination of responsibility include: expulsion, a no contact order, written warning, suspension, a fine, restitution, community service, probation, reference to counseling, required training/education; loss of annual pay increase; loss of supervisory responsibility; demotion; termination of employment, and notation in the Respondent’s official student or personnel file of the fact of a violation and the sanction.

The Title IX Coordinator or Responsible Administrator is responsible for effective implementation of any remedies.

Failure to Complete Sanctions/Comply with Responsive Actions

All responding parties are expected to comply with conduct sanctions/responsive actions/ corrective actions within the timeframe specified by Westminster College. Responding parties needing an extension to comply with their sanctions must submit a written request to the Title IX Coordinator or Responsible Administrator stating the reasons for needing additional time.

Failure to follow through on conduct sanctions/responsive actions/corrective actions by the date specified, whether by refusal, neglect or any other reason, may result in additional sanctions/responsive actions/corrective actions, such as suspension, expulsion, termination, or a transcript notation. Students who fail to comply will be referred to Student Conduct in accordance with the Student Handbook.

XVIII. APPEAL OF DECISIONS IN CASES INVOLVING SEX-BASED HARASSMENT ***TIX***
In cases involving sex-based harassment under Title IX, determinations may be appealed in writing by either party. Appeals will be sent to the Title IX Coordinator, who will then send the appeal to the designated Appeals Officer assigned to conduct a written review of the appeal(s) and to make a final determination. Appeals must be in writing and filed within five (5) business days following the issuance of the Notice of Outcome.

Appeals may be filed only on the following three grounds:

Procedural Error: A procedural error occurred that would change the outcome. A description of the error and its impact on the outcome of the case must be included in the written appeal;
New Evidence: New evidence or information has arisen that was not available or known to the party during the investigation, that would change the outcome. Information that was known to the party during the resolution process but which they chose not to present is not considered new information. The new evidence, an explanation as to why the evidence was not previously available or known, and an explanation of its potential impact on the investigation findings must be included in the written appeal; or
Actual Conflict of Interest or Demonstrated Bias: The Title IX Coordinator, Investigator, or others with a role in the process with an actual conflict of interest or demonstrated bias for or against Complainants or Respondents generally, or the individual Complainant or Respondent, that would change the outcome. Any evidence supporting the alleged conflict of interest or demonstrated bias must be included in the written appeal.

The Appeal Officer will make a determination regarding the appeal and communicate that decision, along witha rationale for the decision to the Title IX Coordinator who will communicate the Appeal Officer’s decision to the parties simultaneously. The decision of the Appeals Officer is final.

XIX. PROHIBITION AGAINST RETALIATION
No one may intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right established by this Policy or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under this Policy.

Intimidation, threats, coercion, or discrimination, including charges against an individual for code of conduct violations that do not involve discrimination or harassment, but arise out of the same facts or circumstances as a report or complaint of discrimination, or a report or complaint of sexual harassment, for the purpose of interfering with any right under this Policy constitutes retaliation.

The exercise of rights protected under the First Amendment does not constitute retaliation prohibited under this section.

Charging an individual with a code of conduct violation for making a materially false statement in bad faith in the course of a Resolution proceeding under this Policy does not constitute retaliation prohibited under of this section, provided, however, that a determination regarding responsibility, alone, is not sufficient to conclude that any party made a materially false statement in bad faith.

XX. RECORD RETENTION
In implementing this Policy, records of all reports and resolutions will be kept by the Responsible Administrator in accordance with the applicable Westminster College records retention schedule with the exception of records related to sex-based harassment investigations, which will be kept by the Title IX Coordinator for a period of seven (7) years. All records will be afforded the confidentiality protections required by law, including but not limited to the Family Educational Rights and Privacy Act governing confidentiality of student information. This means that Westminster College will protect the party’s privacy consistent with this Policy but may disclose information to those who have a legitimate need to know and in order to process complaints under this Policy.

XXI. ADDITIONAL ENFORCEMENT INFORMATION
The U.S. Equal Employment Opportunity Commission (EEOC) investigates reports of unlawful harassment, discrimination, and retaliation, including sex-based harassment, in employment.

The U.S. Department of Education, Office for Civil Rights (OCR) investigates complaints of unlawful discrimination and harassment of students and employees in education programs or activities.

Questions about Title IX may be referred to the Title IX Coordinator or to the assistant secretary for civil rights:

Office for Civil Rights
Philadelphia Office
U.S. Department of Education
The Wanamaker Building
100 Penn Square East, Suite 515
Philadelphia, PA 19107-3323
Telephone: 215-656-8541
FAX: 215-656-8605; TDD 800-877-8339
Email: OCR.Philadelphia@ed.gov

Any person may report conduct prohibited by this Policy to the Title IX Coordinator or to the Director of Compliance and Risk Management. A complaint about the Title IX Coordinator may be made to the President of Westminster College.

U.S. Equal Employment Opportunity Commission (EEOC)
https://www.eeoc.gov/contact-eeoc

XXII. POLICY REVIEW & REVISION
These policies and procedures will be reviewed and updated regularly by the Title IX Coordinator, Director of Human Resources, and the Associate Dean of Students.

The Title IX Coordinator, Director of Human Resources, and Associate Dean of Students will submit modifications to this Policy in a manner consistent with institutional policy upon determining that changes to law, regulation or best practices require policy or procedural alterations not reflected in this Policy and procedure. Procedures in effect at the time of its implementation will apply. The Policy definitions in effect at the time of the conduct will apply even if the Policy is changed subsequently, unless the parties consent to be bound by the current Policy.

This Policy may be revised at any time without notice. All revisions supersede prior policy and are effective immediately upon posting to Westminster College website.

XXIII. KEY DEFINITIONS

Actual Knowledge: Notice of sexual harassment under Title IX or allegations of sexual harassment under Title IX to the College’s Title IX Coordinator(s) or any official of the College who has authority to institute corrective measures on behalf of the College. Imputation of knowledge based solely on vicarious liability or constructive notice is insufficient to constitute actual knowledge. This standard is not met when the only official of the College with actual knowledge is the respondent. The mere ability or obligation to report sexual harassment or to inform a student about how to report sexual harassment, or having been trained to do so, does not qualify an individual as one who has authority to institute corrective measures on behalf of the College. “Notice” as used in this paragraph includes, but is not limited to, a report of sexual harassment to the Title IX Coordinator.

Advisor: Each party has the right to choose and consult with an advisor of their choice at their own expense. The advisor may be any person, including a friend, immediate family member, therapist, union representative, or an attorney. Westminster College will not limit their choice of advisor. Parties in this process may be accompanied by an advisor of choice to any meeting or proceeding to which they are required or are eligible to attend. Except where explicitly stated by this Policy, advisors shall not participate directly in the process. Westminster College will provide the parties equal access to advisors; any restrictions on advisor participation will be applied equally.

Affirmative Consent: Verbal statements or non-verbal actions which a reasonable person would understand to mean a voluntary agreement to engage in sexual activity. To give consent, a person must be awake, of legal age, and have the capacity to rationally and reasonably understand the nature of their actions. Individuals who are physically or mentally incapacitated cannot give consent. Consumption of alcohol and other drugs may cause incapacitation. Past consent does not imply future consent. Silence or an absence of resistance does not imply consent. Consent to engage in sexual activity with one person does not imply consent to engage in sexual activity with another. Consent to engage in a specific sexual activity with a person does not imply consent to engage in other sexual activities with the same person. Consent can be withdrawn at any time. Coercion, force, or threat of either invalidates consent.

Communicating Consent - Consent to sexual activity can be communicated in a variety of ways, but one should presume that consent has not been given in the absence of clear, positive agreement. While verbal consent is not an absolute requirement for consensual sexual activity, verbal communication prior to engaging in sex helps to clarify consent. Communicating verbally before engaging in sexual activity is imperative. Talking about your own and your partner’s sexual desires, needs, and limitations provides a basis for a positive experience. Consent must be clear and unambiguous for each participant at every stage of a sexual encounter. The absence of “no” should not be understood to mean there is consent. A prior relationship does not indicate consent to future activity.

Coercion/Force: Consent cannot be procured by the use of physical force, compulsion, threats, intimidating behavior, or coercion. Sexual activity accompanied by coercion or force is not consensual.

Coercion refers to pressure for sexual activity. When someone makes it clear that they do not want to engage in sexual activity or do not want to go beyond a certain point of sexual interaction, continued pressure beyond that point can be considered coercive. The use of coercion can involve the use of pressure, manipulation, substances, or force. Ignoring objections of another person is a form of coercion.
Force refers to the use of physical violence or imposing on someone physically to engage in sexual contact or intercourse. Force can also include threats, intimidation (implied threats), or coercion used to overcome resistance.

Complaint: An oral or written request to the Responsible Administrator that objectively can be understood as a request for Westminster College to investigate and make a determination about alleged violations under this Policy, with the exception of sex-based harassment which requires a Formal Complaint reporting sex-based harassment and requesting an investigation. A complaint may be filed at www.westminster.edu/report-incident or in person, by mail, or by email to the Responsible Administrator.

Complainant: Any individual who is alleged to be the victim of conduct that could constitute a violation of this Policy, including sexual harassment. At the time of the complaint, the complainant must be participating in or attempting to participate in Westminster College educational program or activity.

Confidential Resources: Any individual identified by Westminster College who receives information about conduct prohibited under this Policy in their confidential capacity and who are privileged under state law will not report prohibited conduct disclosed to them without written consent. Designation as a confidential resource under this Policy only exempts such individuals from disclosure to the Title IX Coordinator. It does not affect other mandatory reporting obligations under state child abuse reporting laws, the Clery Act as a campus security authority, or other laws that require reporting to campus or local law enforcement.

Days: any reference to days refers to business days when Westminster College is in normal operation.

Decisionmaker: Trained professional designated by Westminster College to decide responsibility, sanction, or appeals. A Decisionmaker may be one person or a panel of multiple people as determined by Westminster College. When there is no hearing, the Investigator may be appointed as the Decisionmaker.

Disclosure or Report: A disclosure or report may be made by anyone, whether they learned about conduct potentially constituting sex discrimination under this Policy, or whether they personally experienced such conduct. A person making a disclosure or report may or may not be seeking to initiate an investigation.

Education Program or Activity: Westminster College’s “education program or activity” includes all campus operations, including off-campus settings in the United States that are operated or overseen by Westminster College: including, for example, field trips, online classes, and athletic programs; conduct subject to Westminster College’s disciplinary authority that occurs off-campus; conduct that takes place via Westminster College-sponsored electronic devices, computer and internet networks and digital platforms operated by, or used in the operations of, Westminster College. Conduct that occurs outside of the education program or activity may contribute to a hostile environment within the program or activity.

Finding: a written conclusion by a preponderance of the evidence, issued by an Investigator, that the conduct did or did not occur as alleged.

Formal Complaint: A document filed by a complainant or signed by the Title IX Coordinator alleging sex-based harassment under Title IX against a respondent and requesting that Westminster College investigate the allegation of sexual harassment.

Incapacitation: a state in which someone cannot make rational decisions because the person lacks the capacity to give knowing consent (e.g., to understand the “who, what, when, where, why, or how” of their sexual interaction). Incapacitation is determined through consideration of all relevant indicators of an individual’s state. Intoxication is not the same as incapacitation. As Blood Alcohol Content (BAC) increases, so does impairment. Impairment may lead to incapacitation. Reactions to alcohol and other drugs vary based on individual characteristics, including but not limited to, age, sex, gender, physical stature, tiredness, and prescribed medications. Some behavioral indicators that an individual is incapacitated due to intoxication may include, but are not limited to, vomiting, unresponsiveness, inability to communicate coherently, inability to dress/undress without assistance, inability to walk without assistance, slurred speech, loss of coordination, or inability to perform other physical or cognitive tasks without assistance.

Investigator: Trained professional designated by Westminster College to conduct investigations and determine findings of fact. When there is no hearing, the Investigator may be appointed as the Decisionmaker.

No Contact Order: A No Contact Order is a document issued by Westminster College administrator that is designed to limit or prohibit contact or communications between the parties. A No Contact Order may be mutual or unilateral, with the exception that a No Contact Order issued as either a sanction or remedy shall be unilateral, directing that the Respondent not contact the Complainant.

When requested by a Complainant or otherwise determined to be appropriate, Westminster College shall issue an interim, unilateral no-contact directive prohibiting the Respondent from contacting the complaint during the pendency of the decision-making process under this Policy, including any appeal.

Upon issuance of an interim No Contact Order, Westminster College shall provide the parties with a written justification for the directive and an explanation of the terms of the directive, including the circumstances, if any, under which a violation could be subject to disciplinary action.

Where a unilateral No Contact directive is issued after a decision of responsibility, it shall only apply against the party found responsible.

Notice: All notices under this Policy are written and sent to the student or employee’s assigned Westminster College email address or delivered via Certified Mail to the local or permanent address(es) of the parties as indicated in official Westminster College records, or personally delivered to the intended recipient.

Remedies: Remedies means measures provided, as appropriate, to a Complainant or any other person Westminster College identifies as having had their equal access to Westminster College ‘s education program or activity limited or denied by sex discrimination or other prohibited conduct covered by this Policy. These measures are provided to restore or preserve that person’s access to the education program or activity after a Westminster College determines that sex discrimination occurred. Only the Complainant will be informed of any remedies pertaining to them. Some examples are academic support and/or opportunity to retake a class or resubmit work or time extensions on course or degree completion, or non-academic support such as counseling, or changes to work assignments or locations. The Title IX Coordinator is responsible for implementation of remedies.

Respondent: an individual, or group of individuals such as a student organization, who has been reported to be the perpetrator of conduct that could constitute Prohibited Conduct under this policy; or retaliation for engaging in a protected activity.

Sanctions: One or more of the sanctions or disciplinary steps listed here may be imposed on a Respondent who is found responsible for a violation of Westminster College’s policies. Sanctions or disciplinary steps not listed here may be imposed in consultation with the Title IX Coordinator.

The form of sanction or discipline used will depend on the nature of the offense, as well as any prior disciplinary history. Such discipline or sanction will be imposed pursuant to and in accordance with any and all applicable Westminster College rules, policies, and procedures. Factors considered when determining a sanction/responsive action may include:

The nature, severity of, and circumstances surrounding the violation;
An individual’s disciplinary history;
Previous Resolutions or allegations involving similar conduct;
The need for sanctions/responsive actions to bring an end to the sex discrimination or retaliation;
The need for sanctions/responsive actions to prevent the future recurrence of sex discrimination or retaliation;
The need to remedy the effects of the sex discrimination or retaliation on the victim and the campus community.

Student sanctions imposed are implemented when the decision is final (after an appeal, or, if there was no appeal, after the appeals period expires).

Faculty found responsible for violating this Policy may be referred to the appropriate academic official for any other applicable processes.

Possible sanctions and disciplinary steps for student Respondents include, but are not limited to warning, required counseling, probation, suspension, expulsion, and organizational sanctions (deactivation, loss of recognition, loss of some or all privileges for a specified period of time).

Possible sanctions and disciplinary steps for staff and faculty Respondents include, but are not limited to warning (verbal or written), performance improvement/management process, required counseling, required training or education, probation, loss of annual pay increase, loss of oversight or supervisory responsibility, demotion, suspension with pay, suspension without pay, and termination.

Any person who has (or will have) attained student status by way of:

Admission, housing or other service that requires student status;
Registration for one or more credit hours;
Enrollment in any non-credit, certificate or other program offered by Westminster College.

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:

Restore or preserve that party’s access to Westminster College ‘s education program or activity, including measures that are designed to protect the safety of the parties or Westminster College’s educational environment; or
Provide support during Westminster College’s Resolution procedures or during an alternative resolution process.

Supportive measures may include but are not limited to: counseling; extensions of deadlines and other course-related adjustments; campus escort services; increased security and monitoring of certain areas of the campus; restrictions on contact applied to one or more parties; leaves of absence; changes in class, work, housing, or extracurricular or any other activity, regardless of whether there is or is not a comparable alternative; no contact orders (which may be mutual or unilateral at the discretion of the Title IX Coordinator); and training and education programs related to prohibited conduct. Supportive measures are non-disciplinary and non-punitive.

Supportive Measures will also be offered to Respondents when they are notified of the allegations.

Any Supportive Measures put in place will be kept confidential, except when doing so impairs the ability of Westminster College to provide the Supportive Measures.
Westminster College will offer and coordinate supportive measures as appropriate for the parties as applicable to restore or preserve their access to Westminster College’s program or activity or provide support during Westminster College’s alternative resolution process or Resolution procedures. Parties under this Policy have the right to request supportive measures from Westminster College regardless of whether they desire to make a complaint or seek alternative resolution.

The Title IX Coordinator or Responsible Administrator has the discretion to implement or modify supportive measures. Violation of the parameters of supportive measures may violate existing codes or handbooks.

XXIV. PREVENTION EDUCATION
Westminster College provides comprehensive prevention education defined in the Comprehensive Interpersonal Violence Prevention Policy housed in the Wellness Center and in compliance with the Violence Against Women’s Act, the Campus SaVE Act, and PA General Assembly Act 55 of 2022.

XXV. TRAINING
The College ensures that Title IX coordinators, investigators, and decisionmakers, and any person who facilitates an informal resolution process receive training on the definition of sexual harassment, the scope of the College’s education program or activity, how to conduct an investigation and Resolution process including hearings, appeals, and informal resolution processes, as applicable, and how to serve impartially, including by avoiding prejudgment of the facts at issue, conflicts of interest, and bias. Coordinator(s) should be knowledgeable about other applicable Federal and State laws, regulations, and policies that overlap with Title IX. Additionally, the College ensures that decisionmakers receive training on issues of relevance of questions and evidence, including when questions and evidence about the complainant’s sexual predisposition or prior sexual behavior are not relevant. Furthermore, the College ensures that investigators receive training on issues of relevance to create an investigative report that fairly summarizes relevant evidence.

The College uses training materials that do not rely on sex stereotypes to train coordinators, investigators, decisionmakers, and any person who facilitates an informal resolution process. The College also uses materials that promote impartial investigations and adjudications of complaints of sex discrimination to train coordinators, investigators, decision-makers, and any person who facilitates an informal resolution process.

XXVI. RESOURCES

Privileged & Confidential Resources for Students

Wellness Center Counselors
Sarah Gellman, LPC Melinda Wise, LSW Wellness Center, 319 S. Market Street, New Wilmington, PA 16172 counseling@westminster.edu (724) 946-7927 https://www.westminster.edu/campus/health/health-center.cfm

Victim Advocacy
Arise of Lawrence County
1218 W. State St.
New Castle, PA 16101
Info@ariselc.org
724-652-9036 (24 hour confidential hotline)

Office of Faith & Spirituality
Rev. James Mohr
319 S. Market Street, New Wilmington, PA 17172
mohrjr@westminster.edu
(724) 946-7116

Rev. Beth Creekpaum
319 S. Market Street, New Wilmington, PA 17172 creekpba@westminster.edu
(724) 946-7405
https://www.westminster.edu/campus/spiritual-life/index.cfm

Employees Exempt from Reporting for Students

Associate Director of Well-Being Program & Violence Prevention

Jessica Mudger

Wellness Center, 319 S. Market Street, New Wilmington, PA 16172

mudgerjr@westminster.edu

(724) 946-7926

https://www.westminster.edu/campus/health/health-center.cfm

Privileged & Confidential Resources for Employees

Victim Advocacy
Arise of Lawrence County
1218 W. State St.
New Castle, PA 16101
Info@ariselc.org
724-652-9036 (24 hour confidential hotline)

Employee Assistance Program
https://my.westminster.edu/ICS/Employee_Info/

Office of Faith & Spirituality
Rev. James Mohr
319 S. Market Street, New Wilmington, PA 17172
mohrjr@westminster.edu
(724) 946-7116

Rev. Beth Creekpaum
319 S. Market Street, New Wilmington, PA 17172 creekpba@westminster.edu
(724) 946-7405
https://www.westminster.edu/campus/spiritual-life/index.cfm

ADDENDUM
Westminster College’s statements of non-discrimination shall be published as required by law and shall state:

Title IX Statement
Westminster College does not discriminate based on sex in any program or activity, including in the admissions process and employment, and is prohibited from such discrimination by Title IX and 34 CFR Part 106.

Complaints of discrimination based on sex or questions about Title IX can be directed to Westminster College’s Title IX Coordinator or to the U.S. Assistant Secretary of Education, or both. To make a report or complaint of sex discrimination or sexual harassment, or for any questions related to Title IX, please contact:

Gina M. Vance, EdD
vancegm@westminster.edu
(724) 946-7110
McKelvey Campus Center, Suite 341 (Student Affairs)

Section 504 Statement
Westminster College does not discriminate based on disability in any program or activity, including in the admissions process and employment, and is prohibited from such discrimination by Section 504 of the Rehabilitation Act. Denial of an accommodation and disability-discrimination complaints may be filed under this policy.
Complaints of disability discrimination can be directed to Westminster College’s Section 504 Coordinator or to the U.S. Assistant Secretary of Education, or both. To make a report or complaint of discrimination please contact:

Faith Craig, Director of Disability Resources
craigfa@westminster.edu
(724) 946-7192
McKelvey Campus Center, Student Success Center

Questions or complaints about Title IX or Section 504 may be directed to the assistant secretary for civil rights:

Office for Civil Rights,
Philadelphia Office
U.S. Department of Education
The Wanamaker Building
100 Penn Square East, Suite 515
Philadelphia, PA 19107-3323
Telephone: (215) 656-8541
Facsimile: (215) 656-8605
Email: OCR.Philadelphia@ed.gov

Title VI Statement
Westminster College does not discriminate based on race, color or national origin in any program or activity, including in the admissions process and employment, and is prohibited from such discrimination by Title VI. Protection from race, color or national origin discrimination extends to discrimination, including harassment, based on their actual or perceived (i) shared ancestry or ethnic characteristics or (ii) citizenship or residency in a country with a dominant religion or distinct religious identity. In cases in which an individual respondent cannot be identified, Westminster College reserves the right to address hostile climate claims under this Policy. To make a report or complaint of discrimination or for any questions related to Title VI, please contact:

Age Discrimination Act of 1975 Statement
Westminster College does not discriminate based on age in any program or activity, including in the admissions process and employment and is prohibited from such discrimination by the Age Discrimination Act of 1975. To make a report or complaint of discrimination or for any questions related to the Age Discrimination Act of 1975, please contact:

Non-Discrimination and Sexual Misconduct Policy

WESTMINSTER COLLEGE Non-Discrimination and Sexual Misconduct Policy

WESTMINSTER COLLEGE
Non-Discrimination and Sexual Misconduct Policy