Title IX

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Sexual Misconduct   :: Definitions ::  Prohibited Behavior   ::   Consent   ::  File a Complaint  :: Grievance Process :: Resources and Support   ::  Victim Rights

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WHAT IS SEXUAL MISCONDUCT

The term sexual misconduct means any unwelcome conduct of a sexual nature and includes dating violence, domestic violence, sexual assault, sexual exploitation, sexual harassment, sexual violence and stalking. The Sexual Misconduct Policy at Lincoln covers a variety of acts committed against another individual without consent or when an individual is unable to give consent freely.  Anyone can be a victim regardless of their gender or sexual orientation. Sexual misconduct includes, but is not limited to, the following prohibited behaviors and includes an attempt to commit a prohibited act or assisting or willfully encouraging a prohibited act.

DEFINITIONS

Complainant-an individual who is alleged to be the victim of the conduct that could constitute sexual harassment.

Respondent- an individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment.

Formal Complaint has a very specific definition with the Title IX final Rule, whether one is filed does not depend on the label applied but depends on whether certain specific elements are met.

Supportive Measures - as non-disciplinary, non-punitive individual services offered to the complainant or respondent. They are offered regardless of whether a formal complaint has been filed. The services must be appropriate, as reasonably available, and without fee or charge.

Advisor – this person can be a person of your choosing. They are allowed to cross examine the opposing party and witnesses during the Live hearing process.

Emergency Removals- must be an emergency situation “arising from’ alleged conduct that could constitute sexual harassment that pose an immediate threat to the “physical” health or safety of any student or other individual”. It also requires an individual safety or risk analysis.

Employee Administrative leave – process of putting a non-student employee-respondent on administrative leave can only begin after a formal complaint has be filed against the respondent and the grievance process is underway.

Standard of Evidence -a preponderance of evidence is understood to mean concluding that a fact is “more likely than not to be true.”

Presumption of Non- Responsible until the conclusion of the grievance process has a final determination.

PROHIBITED BEHAVIOR

Sexual Harassment.  The Final Rule § 106.30 defines “sexual harassment” as conduct on the basis of sex that satisfies one or more of the following:

1. An employee conditioning educational benefits on participation in unwelcome sexual conduct (i.e., quid pro quo);
2. Unwelcome conduct that a reasonable person would determine is so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the educational institution’s education program or activity; or
3. Sexual assault (as defined in the Clery Act), or dating violence, domestic violence, or stalking as defined in the Violence Against Women Act (VAWA).

Sexual Assault - Any sexual act directed against another person, without consent of the victim, including instances where the victim is incapable of giving consent.

Rape-penetration, no matter how slight, of the vagina or anus, with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim. This office includes the rape of both males and females.

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

Statutory Rape-sexual intercourse with a person who is under the age of consent (anyone under age 14 and anyone four or more years older than a complainant who is at least 14 and under the age of 16).

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

Dating Violence. Dating violence means violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the complainant.  The existence of such a relationship is determined based on the reporting party’s statement with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.  Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse.  It does not include acts covered under the definition of domestic violence.

Domestic Violence. Domestic violence is any felony or misdemeanor crime of violence committed by:

 (a) a current or former spouse or intimate partner of the victim;

(b) a person with whom the victim shares a child in common;

(c) a person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner;

(d) a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred;

(e) any other person against an adult or youth victim who is protected from that person’s acts under the domestic of family violence laws of the jurisdiction in which the crime of violence occurred.

Stalking. Stalking is a course of conduct, repeated acts or communication directed at a specific person that would cause a reasonable person to:

(a) fear for the person’s safety or the safety of others; or

(b) suffer substantial emotional distress.

For the purpose of this definition: 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, surveys, threatens, or communicates to or about a person, or interferes with a person’s property.

Retaliation. The Final Rule Section 106.71 purports to address Title IX’s existing broad prohibition of retaliation. The section prohibits any recipient or other person from intimidating, threatening, coercing, or discriminating “against any individual for the purpose of interfering with any right or privilege secured by title IX or this part, 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 part.”

Anyone who is aware of possible retaliation or has other concerns regarding the response to a complaint of sexual misconduct should report such concerns to the Title IX Coordinator or designee, who shall take appropriate actions to address such conduct in a prompt and equitable manner.

Sexual Exploitation. Sexual exploitation occurs when an individual takes sexual advantage of another person for the benefit of anyone other than the individual without that person’s consent. Examples of sexual exploitation include, but are not limited to, the following:

• Creating pictures, movies, webcams, recordings, images or audio of another person’s sexual activity or state of undress without the person’s knowledge and consent;
• Sharing items described in the bullet above beyond the boundaries of consent where consent was given. For example, showing a picture to friends where consent to view it was given for oneself only;
• Observing the sexual behavior or a state of undress of another person without the knowledge and consent of that person (e.g., “peeping tom” behavior);
• Engaging in sexual behavior with knowledge of an illness or disease (HIV or STD) that could be transmitted by the behavior without full and appropriate disclosure to the partner(s) of the disease or illness;
• Prostituting another person, including attempting to engage others in escort or dating services which encourage in any way sexual behavior in exchange for money;
• Inducing incapacitation in another person with the intent to engage in sexual conduct, regardless of whether prohibited sexual conduct actually occurs.

Sexual Violence.  Sexual violence refers to physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent, including sexual assault, dating violence, domestic violence and stalking.

WHAT IS CONSENT

Consent is an explicitly communicated voluntary agreement to engage in a particular sexual activity at a particular time.   Conduct will be considered, "without consent," if there is no clear consent, verbal or nonverbal, is given. Because sexual misconduct is defined as sexual activity that is undertaken without consent, each participant must obtain and give consent to each sexual act.

Consent must be in clearly understandable words or actions and freely given.

Consent can never be the result of:

• Force – violence, physical restraint, or the presence of a weapon;
• Threats – indications of intent to harm, whether direct or indirect;
• Intimidation or duress – extortion, menacing behavior, bullying;
• Coercion – undue pressure; or
• Deception or fraud – misrepresentation or material omission about oneself or the situation in order to gain permission for sexual or intimate activity.

Consent can never be given by a person who is incapacitated, whether as a result of drugs, alcohol or otherwise.

• A person is incapacitated and incapable of giving consent when he or she is not able to receive and evaluate information effectively and cannot make a rational, reasonable judgment as to the nature of the conduct charged.
• Some indicators of incapacitation include lack of control over physical movements, being unaware of circumstances or surroundings, or being unable to communicate for any reason.
• Lincoln’s primary concern is student safety and use of alcohol or drugs never makes the victim at fault for sexual violence.

Consent can never be given by a person who is unconscious or asleep.

Consent can never be given by anyone under the age of 13 and may not be given by anyone under the age of 16 by anyone four or more years older than the complainant.

Consent can never be given by a person who by reason of mental disability is unable to make a reasonable judgment.

Consent can never be inferred from:

• Silence, passivity, or lack of resistance alone
• A previous consensual sexual encounter
• Attire

Consent to one form of sexual activity is not consent to engage in all forms of sexual activity;

If at any time during a sexual act any confusion or ambiguity is or should reasonably be apparent on the issue of consent, each individual should stop the activity and clarify the other person’s willingness to continue and his or her capacity to consent. Consent may be withdrawn by either party at any time. Once withdrawal of consent has been expressed, sexual activity must cease.

 

HOW TO FILE A COMPLAINT

Complaints may be filed with:

Anonymous Reports: Call 484-365-7799

Public Safety: 24 hours per day. You can call 484-365-7211 or in person at the International Cultural Center on the first floor.

Title IX Coordinator: From 9 a.m. until 5 p.m., Monday through Friday, by telephone at 484-746-0000 after hours, or in person in Room 107 of the Wright Hall, and at any time by email at titleix@lincoln.edu.

Human Resources: From 9 a.m. until 5 p.m., Monday through Friday, incidents involving University employees may be reported to the Office of Human Resources, by telephone at 484-365-8059 or in person in the International Cultural Center, and at any time by email at hr@lincoln.edu.  

 LiveSafe App: File a report through the app (you can file anonymously)

1. Download “LiveSafe” from here: http://bit.ly/LPUSafe (Be sure to enable location services and push notifications when prompted!)
2. Sign up using your mobile phone number.
3. Create a password and fill in your name.
4. Add your email address to your profile (Left Menu > Settings > Profile).

 

FORMAL GRIEVANCE PROCESS

As outlined in the 2020 Final Rule:

File a Formal Report

Meet with Title IX Coordinator (can not be Investigator, Hearing Officers or Appeals Officer)

Meeting with Investigators (can not be Title IX Coordinator, Hearing Officers, or Appeals Officer)

Meeting with Hearing Officer (can not be Title IX Coordinator, Investigator, or Appeals Officer)

Live Hearing: University is to provide for a live hearing that may be in person or virtual.

Final Determination

Petition for Appeal (Optional) (can not be Title IX Coordinator, Investigators, or Hearing Officer)

Appeal Final Determination

 

RESOURCES AND SUPPORT

Lincoln University Resources

Department of Public Safety International Cultural Center (ICC), 24 hours a day/7 days per week	484-365-7211
Title IX Coordinator Wright Hall 107, Monday – Friday, 9 a.m. – 5 p.m.	484-746-0000
University Health Services* Wellness Center, Suite 100, Monday – Friday, 9 a.m. – 5 p.m.	484-365-7338
The Women’s Center ​Hansberry Hall, Basement Level, by appointment	484-365-7244
Dean of Students  ​Student Union Bldg. 136 - Monday-Friday, 9 a.m. – 5 p.m.	484-365-7705
Religious Activities (Chapel)* Mary Dod Brown Memorial Chapel - by appointment	484-365-8075
Counseling Services * Wellness Center, Room 221 - Monday - Friday, 9 a.m. - 5 p.m.	484-365-7244

* Confidential Resources

Off-Campus Resources

Domestic Violence Center of Chester County   (http://www.dvccc.com/) 24 Hour Hotline; Providing counseling services, support groups and legal advocacy	24 Hour Hotline:  610-431-1430;   888-711-6270
Sexual Assault Crisis Hotline, Crime Victims’ Center of Chester County   (https://www.safehelpline.org/?gclid=CMuIgPm6lMYCFQkUHwodoR8ARA) Provides victim services and resources	24-hour Hotline: 610-692-7273
Domestic Violence Hotline, Philadelphia    (http://www.thehotline.org/?gclid=CPHM5oO7lMYCFUIRHwodVQIFRg) 24-hour resource anonymous and confidential resource for individuals with questions or concerns about domestic violence	24-hour Hotline: 866-723-3014
Women Against Abuse, Philadelphia (http://www.womenagainstabuse.org/) Provides domestic violence services in Philadelphia, including emergency shelters and legal representation for protection from abuse orders.	215-386-1280
Women Organized Against Rape (WOAR), Philadelphia   (http://www.woar.org/) ​Provides counseling services, resources and court & legal information	Hotline: 215-985-3333
The Pennsylvania Coalition Against Rape (PCAR)  (http://www.pcar.org/) ​Works to raise awareness about rape and sexual assault and advocates for the rights and needs of victims of sexual assault.	888-772-7227
Rape, Abuse and Incest National Network (RAINN)  (https://www.rainn.org​) 24 Hour Hotline providing support to sexual assault victims and their loved ones.	800-656-HOPE
Gay, Lesbian, Bisexual & Transgender National Hotline   (http://www.glbthotline.org/​) M - F, 4pm - 12am; Sat. 12pm - 5pm. Hotline provides free and confidential peer-support, as well as factual information and local resources, on relationship concerns, bullying	888-843-4564
Legal Assistance – The University does not recommend private attorneys, but you may wish to use the referral services of the Chester County Bar Association Lawyer Referral and Information Service, (http://www.chescobar.org/?page=LawyerReferralServ),  610-429-1500, which also can provide referrals to attorneys for visa and immigration services.	610-429-1500

 

Victim Bill of Rights

Federal Campus Sexual Assault Victims' Bill of Rights

• Survivors shall be notified of their options to notify law enforcement.
• Accuser and accused must have the same opportunity to have others present.
• Both parties shall be informed of the outcome of any disciplinary proceeding.
• Survivors shall be notified of counseling services.
• Survivors shall be notified of options for changing academic and living situations.

Pennsylvania Survivors' Bill of Rights

• Not to be prevented from or charged for, receiving a medical forensic exam.
• Have a sexual assault evidence collection kit or its contents preserved without charge, for the duration of the maximum statute of limitations;
• Be informed in writing of policies governing the sexual assault evidence collection kit;
• Be notified at least 60 days before the date of disposal of the kit;
• Consult with a sexual assault counselor;
• Be informed of all rights, including victim compensation and restitution rights.