SEXUAL MISCONDUCT POLICY

Carlow University strives to create and maintain a safe and supportive climate in which the inherent dignity of each individual is celebrated. Sexual misconduct in any form (harassment, rape, sexual battery, etc.) is completely at odds with Carlow's core values and will not be tolerated within our campus community.  The University takes all allegations seriously and investigates them thoroughly. Students accused of sexual misconduct will face campus conduct proceedings in which the sanctions may include removal from the University or from specific residence halls or programs, as well as possible civil or criminal legal liability under federal and state laws, including Title IX.  All Carlow University students and employees, regardless of gender or sexual orientation, are covered by this policy, as are third parties on Carlow property or participating in Carlow-sponsored or related activities.

Sexual misconduct is defined as unwelcome acts of a sexual nature committed by one person against another without consent. Sexual misconduct may include, but is not limited to:

  1. Sexual Assault- rape, attempted rape, or sodomy, or threats to commit these acts
  2. Unwelcome Touching or Sexual Contact- either of the complainant or by the complainant when forced by the accused assailant
  3. Sexual Harassment- unwelcome acts of a sexual nature that create a hostile or intimidating environment for a student or by which a student's academic or work status, advancement or evaluation is made conditional to submission to such conduct
  4. Unwelcome and persistent requests, propositions, or pressure for sex
  5. Unwelcome speech or gestures of a sexual nature or about sexual activities, body, or clothing, or comments that denigrate others based on gender or sexual orientation
  6. Consent is defined as a voluntary agreement to engage in sexual activity. Consent must be explicit; silence or lack of resistance should not be construed as consent. Consent can be withdrawn at any time, and is invalidated by coercion, force, or threats. Past consent does not imply future consent, nor does consent to engage in sexual activity with one person imply consent to engage in sexual activity with another person. An incapacitated or unconscious individual cannot give consent.

Specific Sexual Misconduct Student Code of Conduct Violations May Include:

02.01 Unwelcome Speech or Gestures of a Sexual Nature 

02.02 Unwelcome and Persistent Requests, Propositions, or Pressure for Sex 

02.03 Sexual Harassment 

02.04 Unwelcome Touching or Sexual Contact 

02.05 Sexual Assault 

02.99 Other Sexual Misconduct Violation 

WAYS TO REPORT SEXUAL MISCONDUCT

You may report an incident of sexual misconduct or any other crime to:

  1. The University Police (412.578.6007)
  2. The Vice President for Student Affairs and Dean of Students (Title IX Coordinator) (412.578.2026)
  3. The Assistant Dean of Student Affairs (412.578.8774)
  4. The Assistant Director of Campus Life (412.578.8776)
  5. The Director of Human Resources (412.578.8897)
  6. Any member of the Residence Life staff (RAs and GRDs)
  7. Any Campus Security Authorities (CSAs).  A list of CSAs is published each semester. The President, all the members of the President's Cabinet, administrators at our Cranberry and Greensburg sites, and several members of the Student Affairs staff serve as CSAs for this purpose.

Students who experience sexual misconduct away from campus are also encouraged to report the matter to the Vice President for Student Affairs, University Police, Health Services, or Counseling staff. Even if the incident does not fall under the investigatory, campus conduct, or legal jurisdiction of Carlow University, our goal is to ensure that students have the support and resources they need, and which the University can offer or arrange.

CONFIDENTIALITY AND REPORTING

The University encourages any individual who has experienced sexual misconduct to make a formal report and to fully pursue the matter through both campus conduct and external legal or law enforcement channels.  

Under Title IX, the University is obligated to investigate all reports of sexual misconduct we receive. 

Reporting sexual misconduct to the University Police or other campus authorities does not automatically require someone to pursue legal action.

We encourage students to make a report as early as possible to facilitate the investigation and any future campus or potential legal processes.

 All complaints and investigations are treated confidentially to the extent possible, and information is disclosed strictly on a need-to-know basis.

The University Counselors, the Campus Minister, and the Special Assistant to the President for Mercy Heritage fall within the Clery Act reporting exemption for personal and pastoral counselors and are therefore not required to report crimes in the same way as the Campus Security Authorities. However, these individuals will encourage students to utilize campus reporting procedures and connect with other resources.

PROCEDURES FOR HANDLING SEXUAL MISCONDUCT ALLEGATIONS ON CAMPUS

At all times, the University's paramount concerns are the physical and emotional welfare of all parties involved, as well as the safeguarding of the rights of both the complainant and the accused. Retaliation against anyone who makes a complaint of sexual misconduct or serves as a witness or otherwise participates in a conduct proceeding will not be tolerated and the University will investigate and strongly respond to any reports of alleged retaliation.

The University will respond to formal complaints with an investigation and student conduct proceedings.

The University encourages students who experience sexual misconduct to make a report and to seek help without the additional fear of consequences to their own conduct record. Therefore, no student making a sexual misconduct complaint will be subject to University discipline for the sole violation of having used alcohol on the occasion when the alleged misconduct took place.

As in other major campus conduct proceedings, sexual misconduct cases will be heard by a Student Conduct Board of trained faculty, staff, and students who will make recommendations to the Vice President for Student Affairs based on a preponderance of the evidence (more likely than not) standard of proof.

When appropriate, residence hall assignments and class schedules may be modified to reduce or prevent contact between the complainant and the accused, and no-contact requirements or interim suspensions may be used to protect the safety of those involved.

Both the complainant and the accused are entitled to the assistance of an advocate from within the campus community to explain Carlow processes and provide ongoing advice and support. 

While individuals from outside the campus community (i.e., advisors, parents or guardians, attorneys, advocates, etc.) are not permitted to actively participate in campus conduct proceedings, they may be present nearby, and both the complainant and the accused will be permitted to consult with their own external advisors, advocates and parents and guardians.

Both the complainant and the accused will be provided with a written outline of their rights and responsibilities and with written notice of the outcomes of any campus conduct proceedings.

The University Police will facilitate and support any complainant who wishes to file legal charges with the City of Pittsburgh Police in addition to or instead of campus conduct proceedings.  Internal campus proceedings and external legal processes are conducted independent of each other and the outcome of one does not necessarily influence the other.

RESOURCES FOR DEALING WITH SEXUAL MISCONDUCT 

Numerous resources are available to assist individuals dealing with sexual misconduct, both on and off campus:

Carlow University Health and Counseling Center has a registered nurse and two licensed counselors on staff, supported by a consulting arrangement with UPMC Adolescent Medicine and a consulting psychiatrist. Any student who has experienced sexual misconduct at any time, on or off campus, past or present, is encouraged to use these support services.

Director of Health Services: 412.578.6174

University Counselors: 412.578.6306 or 412.578.8731 

Magee Women's Hospital (300 Halket Street, Pittsburgh 1.866.MyMagee) and UPMC Mercy (1400 Locus Street, Pittsburgh 412.232.8111) have Forensic Nurses available 24 hours a day, seven days a week at their emergency departments. These Forensic Nurses, called Sexual Assault Nurse Examiners (SANE), are highly trained to collect evidence and connect individuals with advocates and community resources. 

Pittsburgh Action Against Rape (PAAR) provides prevention and education services on campus. PAAR also provides a 24 hour confidential hotline (1.866.END.RAPE), counseling, and support through the medical and legal process. 412.431.5665.

Rape, Abuse, and Incest National Network (RAINN) is the largest anti-sexual assault organization in the country. They provide access to a wide variety of support and educational services to survivors of sexual misconduct and those who support them. 1.800.656.HOPE (4673) 

The Investigations Bureau of the Pittsburgh City Police investigates crimes including sexual misconduct. To report a crime in the City of Pittsburgh, call 911 or the number below. City of Pittsburgh Police Investigations Bureau- Sex Assault/ Family Violence: 412.323.7141 

HARASSMENT

In keeping with the values of the University, no employee, student, or other members of the University community should be subjected to verbal or physical abuse of any nature. All forms of harassment, including sexual harassment, are prohibited. The University will not tolerate retaliation for any good faith complaints of alleged harassment or discrimination or for cooperating in the investigation of such complaints.

Harassment consists of unwelcome conduct, including verbal, physical or visible conduct that denigrates or shows hostility or aversion toward an individual because of the individual's race, color, religion, sexual orientation, handicap or disability, sex, age, pregnancy, ancestry, national origin, place of birth, genetic information, gender identification, veteran's status, or any other category protected by federal, state or local law. Such conduct is unprofessional, unproductive, and often illegal. Consequently, Carlow University prohibits all conduct of this nature whether or not such conduct violates any applicable laws.

Examples of Harassment when related to a person's protected status or when the conduct has the purpose or effect of substantially interfering with an individual's educational opportunities or creates an intimidating, hostile or offensive atmosphere include the following:

  • Name calling or slurs
  • Joking or teasing
  • Negative stereotyping
  • Threats or intimidation
  • Hostile written or graphic material posted on or circulated on campus
  • Physical contact

 

SEXUAL HARASSMENT 

Sexual Harassment of any kind is explicitly prohibited at Carlow University and in the context of any of the University's programs, services or extended activities. 

Examples of sexual harassment include, but are not limited to: unwanted sexual advances; demands for sexual favors in exchange for favorable treatment or continued employment; verbal abuse of a sexual nature; graphic commentary about an individual's body, sexual prowess, or sexual deficiencies; leering; whistling; touching; pinching; assault; coerced sexual acts; suggestive, insulting or obscene comments or gestures; stalking; and displaying sexually suggestible objects or pictures. Carlow University prohibits all conduct of this nature whether or not such conduct violates any applicable laws.

Specific Student Code of Conduct violations related to Harassment or Sexual Harassment May Include:

Pushing/Shoving with No Injury 

01.02 Unwanted Physical Contact or Threat of Such 

01.03 Attempts to Cause Fear or Harm 

01.04 Conduct with Threatens or Alarms 

01.05 Direct Threat of Harm to Self or Another 

01.06 Creating a Condition that Endangers 

01.07 Confining an Individual Against Their Will 

01.08 Harassment by Communication 

01.09 Harassment of a Sexual Nature 

01.99 Other Abuse/Endangerment/Harassment