TAP No. 31: Sexual Misconduct Policy (For allegations of Prohibited Conduct occurring on or after 8/3/2026)


Purpose

Duquesne University is dedicated to providing an educational and work environment that supports our Catholic, Spiritan mission and values. Accordingly, the University does not tolerate Sexual Misconduct in any form. This Policy sets forth the University’s approach for preventing and addressing Sexual Misconduct consistent with the specific requirements of federal and state law, including Title IX and the Violence Against Women Reauthorization Act (“VAWA”).  

This Policy is effective as of 8/3/2026 and supersedes and replaces University policies, TAP No. 31: Sexual Misconduct and Gender Discrimination and TAP No. 61: Interim Policy on Title IX Sexual Harassment, for all allegations of Prohibited Conduct occurring on or after 8/3/2026. For allegations arising from conduct occurring prior to 8/3/2026, the applicable policies are the versions that were in effect at the time of the alleged conduct. Those prior policies, TAP No. 31: Sexual Misconduct and Gender Discrimination and TAP No. 61: Interim Policy on Title IX Sexual Harassment, are included for reference herein as Appendix D and Appendix E, respectively.

I.           Scope and Jurisdiction

This Policy applies to allegations of Sexual Misconduct involving: any University community members, including students, faculty, and staff; all individuals doing business with or providing services to the University; and anyone participating in or attempting to participate in the University’s Education Program or Activities, including volunteers and third-party visitors on campus. This Policy applies regardless of the sex, sexual orientation, gender identity, national origin, immigration status, or citizenship status of any of the parties. 

This Policy uses “Sexual Misconduct” as an umbrella term which refers to both: 1) sexual harassment as defined by Title IX of the Civil Rights Act and its implementing regulations, and other Title IX misconduct as defined in Section IV (A) below (“Title IX Sexual Misconduct”); and 2) sexual harassment outside the coverage of Title IX and its implementing regulations and other misconduct as defined in Section IV (B) below (“non-Title IX Sexual Misconduct”). 

Section IV defines these two categories of Sexual Misconduct. In brief, this Policy applies to Sexual Misconduct that occurs: 

  •  On-campus or University property;
  • At University-sponsored events or programs that take place off-campus, such as clinical placements and internships;
  • Off-campus and outside the context of a University-sponsored event or program, but that the University determines may:
    • have continuing adverse effects on campus, University property, or in a University program or activity;
    • substantially and unreasonably interfere with a community member’s employment, education, or environment on campus, University property, or in a University program or activity; or
    • create a hostile environment for community members on campus, University property, or in a University program or activity. 

This Policy addresses Sexual Misconduct, which is one form of sex discrimination. Other forms of prohibited sex discrimination, such as the examples provided below, that do not constitute Sexual Misconduct are addressed by the University’s TAP No. 30: Equal Educational and Employment Opportunity and Human Relations in the Workplace and Classroom; and the Student Code of Conduct, Discrimination and/or Bias Related Conduct. 

Other forms of prohibited sex discrimination against students that do not constitute Sexual Misconduct, include, but are not limited to:

  • Treating one person differently from another, on the basis of sex, in determining whether such person satisfies any requirement or condition for the provision of such aid, benefit, or service;
  • Providing different aid, benefits, or services or providing aid, benefits, or services in a different manner, on the basis of sex;
  • Denying any person any such aid, benefit, or service on the basis of sex;
  • Subjecting any person to separate or different rules of behavior, sanctions, or other treatment on the basis of sex;
  • Applying any rule concerning the domicile or residence of a student or applicant, including eligibility for in-state fees and tuition on the basis of sex;
  • Aiding or perpetuating discrimination against any person by providing significant assistance to any agency, organization, or person which discriminates on the basis of sex in providing any aid, benefit, or service to students or employees; and/or
  • Otherwise limiting any person, on the basis of sex, in the enjoyment of any right, privilege, advantage, or opportunity.

Other forms of prohibited sex discrimination against employees that do not constitute Sexual Misconduct, include, but are not limited to:

  • Providing different assignments, promotions, and/or training opportunities on the basis of sex;
  • Basing the hiring, firing, and/or layoff on sex; and/or
  • Pay inequity on the basis of sex.

II.          Statement of Nondiscrimination

In accordance with the University's mission, and as required by federal and state law, including Title IX of the Education Amendments of 1972 and its implementing regulations (“Title IX”), the University does not discriminate on the basis of sex in any of its programs or activities, including admission and employment. Moreover, Duquesne University is committed to fostering an educational, employment, and business atmosphere free from all forms of sex discrimination and creating an inclusive campus environment for all members of the University community. Inquiries about Title IX or any form of Sexual Misconduct may be directed to the University’s Title IX Coordinator:

Title IX Coordinator and Director of Sexual Misconduct Prevention and Response:

Alicia M. Simpson
Union 339 
Telephone: 412-396-2560
Email: simpsona8FREEDUQUESNE%C2%A0
600 Forbes Avenue, Union #339
Pittsburgh, PA 15282

Inquiries about the application of Title IX to the University may also be directed to the U.S. Department of Education’s Office for Civil Rights:

The Office of Civil Rights
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202-1100
Telephone: (800) 421-3481
Fax: (202) 453-6012 TDD#: (800) 877-8339
Email: OCR@ed.gov
Web: http://www.ed.gov/ocr

III.      Definitions of Key Terms

Defined key terms, which are capitalized throughout the Policy, are listed below:

Advisor – An individual chosen by a party or appointed by the University (relating only to hearings relating to allegations of Title IX Sexual Misconduct) to accompany a party to meetings related to the Resolution Process, to advise the party on that process, and to conduct questioning for the party at the hearing, if any.

Appeal Decision-maker – The individual who reviews and decides an appeal of the decision by the Decision-maker. 

Complainant – An individual who is alleged to be the victim of conduct that could constitute a violation of this Policy.

Confidential Resource – An employee who is not a Responsible Employee and is thereby not required to report alleged or actual violations of this Policy to the University. 

Consent – Verbal agreement to engage in sexual activity that is knowing, voluntary, active, and present prior to engaging in the agreed upon sexual activity. Consent is required to be ongoing throughout the agreed upon sexual activity and requires active participation from all involved parties. It is the responsibility of the person initiating the specific sexual activity to obtain Consent for that specific activity. 

The definition of Consent is subject to the following:

  • Consent can only be given if one is of legal age. In Pennsylvania, the legal age of Consent is 16 years old.
  • Consent to one form of sexual activity does not constitute Consent to other forms of sexual activity.
  • Previous Consent or sexual activity does not constitute ongoing and/or future Consent to sexual activity.
  • Consent can be withdrawn at any time. When Consent is withdrawn, the sexual activity for which Consent was initially provided must stop.
  • Consent is active, not passive. Silence, or the absence of a verbal “no” cannot be interpreted as Consent. Moreover, a verbal “no” even if it may sound indecisive or insincere, constitutes a lack of Consent.
  • Explicit Consent to protected sexual contact does not constitute Consent to unprotected sexual contact. If protection is removed during sexual contact, it is the responsibility of the person removing protection to obtain Consent to the unprotected sexual contact.
  • Consent cannot be obtained from: intimidation; physical force; threats; Coercion; or an individual known to be, or who should be known to be Incapacitated, as defined in this Policy. 

Coercion – The use of pressure and/or oppressive behavior, including expressed or implied threats of harm or severe and/or pervasive emotional intimidation, which: 1) places a person in fear of immediate or future harm or physical injury of themselves or another person; or 2) causes a person to engage in unwelcome sexual activity in which they would not otherwise choose to engage.

When someone makes clear that they do not want to engage in a certain sexual activity, that they want to stop engaging in a sexual activity, or that they do not want to go past a certain point of sexual interaction, continued pressure beyond that point can be considered to be coercive.

Decision-maker – The person who hears evidence, determines relevance, and makes the Final Determination of whether this Policy has been violated and assigns sanctions, as appropriate.

Deputy Title IX Coordinator – Employees from various departments who function as a Title IX Coordinator, when needed, including receiving reports of alleged prohibited misconduct, discussing with the Complainant and/or Respondent the availability of Supportive Measures, and providing information regarding the University’s policies and procedures. Deputy Title IX Coordinators are knowledgeable and trained in federal and state laws that apply to matters of Sexual Misconduct, as well as University policy and procedure. The list of Deputy Title IX Coordinators can be found in Section V. 

Disclosure – A Disclosure occurs when a person shares with another individual that they have experienced prohibited conduct under this Policy. Making a Disclosure is not the same as initiating a Resolution Process. (See Section VI for more information on the University’s response to a Disclosure).

Education Program or Activity – All operations of the University, including locations, events, or circumstances over which the University exercises/exercised substantial control over both the Respondent and the context in which the Title IX Sexual Misconduct occurs. It also includes any building owned or controlled by an officially recognized student organization.

Final Determination – A conclusion by the standard of proof (a Preponderance of the Evidence that the alleged conduct did or did not violate this Policy.

Finding – A conclusion by the standard of proof (a Preponderance of the Evidence that the conduct or fact at issue did or did not occur as alleged (as in a “finding of fact”). 

Force – The use or threat of physical violence or intimidation to overcome a person’s freedom of will to decide whether to engage in sexual contact.

Formal Complaint – A document or electronic submission filed with the Title IX Coordinator or a Deputy Title IX Coordinator by a Complainant, or signed by the Title IX Coordinator, alleging an occurrence of Title IX Sexual Misconduct in violation of this Policy and requesting that the University investigate the allegation of the Policy violation. A Formal Complaint initiates the Formal Resolution Process outlined in Appendix A. 

Incapacitation – A state where an individual cannot make an informed and rational decision to Consent to engage in sexual contact because the individual lacks conscious knowledge of the nature of the act (e.g., to understand the “who, what, where, when, why, or how” of the sexual interaction) and/or is physically or mentally unable to Consent. An individual is also considered incapacitated, and therefore unable to give Consent, when 1) asleep, 2) unconscious, 3) involuntarily physically restrained, 4) incapacitated due to alcohol and/or other drugs, 5) without capacity due to intellectual or other disability or condition reasonably knowable to the other party, or 6) otherwise unaware that sexual contact is occurring. 

Regarding incapacitation due to drugs or alcohol, the University will consider whether a Reasonable Person, who was sober, should have known that the other party was incapacitated. The Respondent’s own intoxication is not a defense and/or excuse for failure to recognize another person’s Incapacitation.

Incapacitation may result from the use of alcohol and/or other drugs; however, consumption of alcohol and/or other drugs, inebriation, or intoxication alone are insufficient to establish Incapacitation. Alcohol and/or other drugs impact individuals differently, and determining whether an individual is incapacitated requires an assessment of the effects and impact of alcohol and/or other drugs on an individual’s:

  • Decision-making ability;
  • Awareness of consequences;
  • Ability to make informed judgments; and/or
  • Capacity to appreciate the nature or circumstances of the act.

No single factor is determinative of incapacitation. Some common signs that someone may be incapacitated include, but are not limited to, the following:

  • Lack of control over physical movements, such as difficulty walking, stumbling, falling down, being able to stand or walk without assistance;
  • Slurred speech or inability to communicate clearly;
  • Inability to focus or confusion about the circumstances;
  • Vomiting;
  • Combativeness;
  • Emotional volatility; and/or
  • Unconsciousness or periods of unconsciousness
  • Blackouts.

Informal Resolution – A voluntary, informal resolution process, such as mediation, that does not involve a full investigation and adjudication through a Resolution Process. 

Investigator – A person authorized by the University to gather facts about an alleged violation of this Policy, assess relevancy and credibility, synthesize the evidence, and compile this information into an Investigative Report. 

Mandated Reporter – An individual required by law to report suspected child abuse. This includes: 1) all University employees without exception, including clergy and licensed healthcare providers; 2) students responsible for the welfare of a minor or who have direct contact with minors such as those acting in the capacity of Supervising Adults, and 3) volunteers for University programs for minors. For more information on Mandated Reporters and filing a Report, refer to University TAP No. 50 – Protection of Minors. 

Mediation – A form of Informal Resolution process by which a designated individual (“Mediator”) helps the parties discuss and try to resolve the allegations of a Formal Complaint.

Preponderance of the Evidence – A preponderance of the evidence standard of proof means that a Decision-Maker must find that it is more likely than not (e.g., greater than 50% likely) that a Respondent violated this Policy.

Protective Measures – Interim measures that are implemented, on a case by case basis, to provide for the safety of a Complainant and the campus community while the University is investigating a report of Sexual Misconduct.

Reasonable Person – An objective standard that evaluates conduct from the perspective of an individual under similar circumstances as the party. In applying this standard, the ages, abilities, and relative positions of authority of the individuals involved in an incident will be taken into account.

Report – An account of conduct that has allegedly occurred that has been provided to the University by the Complainant, a third party, or an anonymous source, and that if true, would violate this Policy.

Reporter/Reporting Person – An individual reporting that they or another person experienced prohibited conduct as defined in this Policy. This person may also be the Complainant. 

Resolution Process – Either the Formal Grievance Process (“Process A”) to address Title IX Sexual Misconduct and which complies with the requirements of Title IX and its regulations; or the Alternative Grievance Process (“Process B”) to address allegations of non-Title IX Sexual Misconduct.

Respondent – An individual who has been reported to be the person responsible for conduct that could constitute a violation of this Policy.

Responsible Employee – All employees (except for Confidential Resources listed in Section V (a)(3)) are required to report any and all incidents of prohibited conduct under this Policy to the Title IX Coordinator or Deputy Title IX Coordinator, , meaning they are required to report any and all incidents of prohibited conduct under this Policy  to the Title IX Coordinator or a Deputy Title IX Coordinator, regardless of where or when the incident occurred and whether or not the Responsible Employee witnessed the incident or learned of it through the Complainant, Respondent, or a third party.

Sexual Misconduct – An umbrella term meaning all forms of Title IX Sexual Misconduct and non-Title IX Sexual Misconduct, as defined in Section IV of this Policy. 

Supportive Measures – Non-disciplinary and non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the Complainant or the Respondent before or after the initiation of a Resolution Process or where no Resolution Process has been initiated. Such measures are designed to restore or preserve equal access to the University’s programs and/or activities, protect the safety of the educational environment, and deter Sexual Misconduct.

Title IX Coordinator – The individual designated by the University to oversee compliance with Title IX and its implementing regulations and to coordinate the University’s efforts to comply with Title IX. The Title IX Coordinator’s specific role as it relates to the various aspects of this Policy is described where relevant within the Policy. In carrying out these responsibilities, the Title IX Coordinator is empowered to exercise discretion, to the extent consistent with applicable law, in interpreting and applying this Policy and its procedures, based on the facts and circumstances of each individual matter. 

Witness – A Witness is anyone with relevant information regarding an alleged Policy violation.

IV.      Prohibited Conduct and Definitions

This Policy addresses the forms of prohibited Title IX Sexual Misconduct and non-Title IX Sexual Misconduct as defined below. Attempted acts and/or aiding others in acts of Title IX Sexual Misconduct and non-Title IX Sexual Misconduct also violate this Policy. 

A.  Title IX Sexual Misconduct

As defined in this policy, Title IX Sexual Misconduct refers to conduct that occurs: 

1) in the University’s Education Program or Activity; 

2) against a person in the United States, and 

3) is on the basis of sex, or that is sexual in nature, and satisfies one or more of the six definitions below. 

1.    Title IX Quid Pro Quo Sexual Harassment: When a University employee conditions the provision of an aid, benefit, or service of the University on an individual’s participation in unwelcome sexual conduct. 

Such unwelcome sexual conduct could include, but is not limited to, sexual advances, requests for sexual favors, sexually motivated physical contact or other verbal, nonverbal, or physical conduct or communication of a sexual nature. This quid pro quo sexual harassment can occur regardless of whether a person resists and suffers the threatened harm, or regardless of whether the person submits and avoids the threatened harm.

2.    Title IX Hostile Environment Sexual Harassment: Unwelcome conduct that is so severe, pervasive, and objectively offensive, as determined by a Reasonable Person, that it effectively denies an individual equal access to the University’s Education Program or Activity. 

Instances of the following conduct, or other unwelcome conduct on the basis of sex, may constitute Title IX Hostile Environment Sexual Harassment:

  • Unwelcome sexual flirtations, attention, advances, or propositions;
  • Requests for sexual favors;
  • Punishing or threatening to punish a refusal to comply with a sexual-based request;
  • Offering a benefit (such as a grade, promotion, or athletic participation) in exchange for sexual favors or other verbal or physical conduct of a sexual nature (e.g., quid pro quo),
  • Verbal abuse of a sexual nature, obscene language, or slurs of a sexual nature;
  • Jokes and comments of a sexual nature;
  • Verbal commentary about an individual’s body, sexual innuendo, or suggestive commentary about a person’s clothing and appearance;
  • Displaying sexually suggestive pictures or other objects in an office, in a residence hall, or on a computer monitor;
  • Visual sexual conduct such as leering or making sexual gestures;
  • Unwelcome kissing;
  • Unwelcome touching of a sexual nature such as patting, pinching, or brushing against another’s body;
  • Gossip about sexual relations; and
  • Cyber or electronic harassment of a sexual nature.

The circumstances that may be considered when determining whether conduct was so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the University’s Education Program or Activity include, but are not limited to:

  • The frequency of the conduct;
  • The nature and severity of the conduct;
  • Whether the conduct was physically threatening;
  • The effect of the conduct on the Complainant’s mental or emotional state;
  • Whether the conduct was directed at more than one person; and/or
  • Whether the conduct arose in the context of other discriminatory conduct.

3.    Title IX Sexual Assault: Any sexual act directed against a Complainant, without their Consent, including instances where the Complainant is incapable of giving Consent. Sexual Assault includes Rape, Sexual Contact, Incest, and Statutory Rape.

  1. Rape: The attempted penetration and/or 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 their Consent, including instances where Consent cannot be given because of age or because of temporary or permanent mental or physical incapacity.

  2. Sexual Contact: The intentional touching of the clothed or unclothed body parts of another person, without Consent, for the purpose of sexual degradation, sexual gratification, or sexual humiliation, including instances where Consent cannot be given because of age or because of temporary or permanent mental or physical incapacity. This can include the forced touching by the Complainant of the Respondent’s clothed or unclothed body parts, without the consent of the Complainant, for the purposes of sexual degradation, sexual gratification, or sexual humiliation.

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

  4. Statutory Rape: Nonforcible sexual intercourse with a person who is under the statutory age of Consent.  

4.    Title IX Domestic Violence: Felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the Complainant, by a person with whom the Complainant shares a child in common; by a person who is cohabitating with or has cohabitated with the Complainant as a spouse or intimate partner; by a person similarly situated to a spouse of the Complainant under applicable domestic or family violence laws; or by any other person against Complainant who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction.

5.    Title IX Dating Violence: 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 a consideration of the following factors: i) the length of the relationship, ii) the type of relationship, and iii) the frequency of interaction between the persons involved in the relationship. 

For purposes of this definition, dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse. Dating Violence does not include acts covered under the definition of Domestic Violence.

6.    Title IX Stalking: Engaging in a Course of Conduct directed at the Complainant, on the basis of sex, that would cause a Reasonable Person to fear for their safety or the safety of others, or suffer Substantial Emotional Distress. 

For purposes of this definition, Course of Conduct means two or more acts, including but not limited to acts in which the Respondent directly;  indirectly; or through third parties by any action, method, device, or means, follows, monitors, observes, surveils, threatens, communicates to or about a person, or interferes with a person’s property. Substantial Emotional Distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.

B.  Non-Title IX Sexual Misconduct

As defined in this Policy, Non-Title IX Sexual Misconduct refers to conduct that is on the basis of sex, or that is sexual in nature, and satisfies one or more of the six definitions below, even where the conduct:

1) may not meet the definition of Title IX Sexual Misconduct (as defined above), 

2) did not occur in the University’s Education Program or Activity, but may nevertheless cause or threaten to cause an unacceptable adverse impact at the University and/or interfere with a Complainant’s right to educational or work environment free from Sexual Misconduct, or

3) occurs outside of the United States.

1.    Non-Title IX Sexual Harassment: Non-Title IX Sexual Harassment is: 1) Conduct not otherwise within the scope of Title IX Sexual Harassment; 2) based on an individual’s sex; 3) that is severe or pervasive; 4) which detrimentally affects an individual; and 5) would detrimentally affect a Reasonable Person.    

Non-Title IX Sexual Harassment includes, but is not limited to, conduct of a sexual nature, including sexual advances, requests for sexual favors, and other verbal, nonverbal, graphic, or physical conduct of a sexual nature when:

  1. Submission to or rejection of such conduct is made either explicitly or implicitly a condition of an individual's employment or academic standing, or is used as the basis for employment decisions or for academic evaluation, grades, or advancement. This quid pro quo sexual harassment can occur regardless of whether a person resists and suffers the threatened harm or the person submits and avoids the threatened harm. (i.e., Quid Pro Quo); or
  2. Such conduct has the purpose or effect of unreasonably interfering with an individual’s employment or academic performance, or creates an intimidating, hostile or offensive work or academic environment.  The environment must also be such that it would detrimentally affect a Reasonable Person. A hostile environment can be created by conduct that is severe or pervasive, or by a single severe episode or event. The more severe the conduct, the less need there is to show a repetitive series of incidents to prove a hostile environment. (i.e., Hostile Environment).

Examples of Non-Title IX Hostile Environment Sexual Harassment may include the same type of conduct listed in the definition for Title IX Hostile Environment Sexual Harassment when such conduct does not occur in the University’s Education Program or Activity or occurs outside of the United States. 

Alleged inappropriate conduct that does not rise to the level of being severe or pervasive may still violate and be addressed in accordance with other University Policies, including TAP 55: Ethical, Respectful, and Professional Conduct and/or the Student Code of Conduct. 

2.    Gender-Based Harassment: Physical or verbal conduct based on gender, sexual orientation, gender-stereotyping, perceived gender, and/or gender identity, but not involving conduct of a sexual nature, which also meets the definition of Non-Title IX Sexual Harassment above. Gender-based harassment may include, but is not limited to, verbal or physical attacks, graphic or written statements, threats, or slurs. 

Reports of alleged gender-based harassment will be reviewed to determine if they violate this Policy and/or TAP 30 or the Code of Student Rights, Responsibilities, and Community Standards. Isolated bias incidents will likely not rise to the level of Gender-Based Harassment under this policy.

3.    Non-Title IX Sexual Assault: Engaging in any nonconsensual sexual contact, including actual or attempted sexual contact or sexual behavior that occurs without a Complainant’s Consent and/or by Force, intimidation, Coercion, or manipulation. 

Some forms of sexual contact include: rape, forcing a Complainant to perform sexual act(s), nonconsensual penetration, and/or unwanted touching of clothed or unclothed body parts.

Non-Title IX Sexual Assault does not include conduct covered under the definition of Title IX Sexual Misconduct.

4.    Sexual Exploitation: Taking sexual advantage of another person for their own advantage or benefit, or to benefit or advantage anyone other than the one being exploited, without that person’s Consent. 

Examples of Sexual Exploitation include, but are not limited to:

  • Observing, photographing, audiotaping, videotaping, and/or recording an image of a person or persons engaging in sexual act(s), or a person or persons’ private body parts, without the knowledge and Consent of all parties involved;
  • Creating, distributing, showing, posting, sharing, and/or transmitting video, audio, or an image, whether real (authentic) or fake (synthetic, including AI-generated or “deepfake”), that depicts a person or persons engaging in sexual act(s), or a person’s private body parts, without the knowledge and Consent of all parties involved;
  • Voyeurism (e.g., viewing and/or allowing someone else to view or hear another person’s sexual activity or private body parts, without the knowledge and Consent of all parties involved);
  • Distributing and/or disclosing intimate sexual information about another person without that person’s Consent or forcing a person to take an action against that person’s will by threatening to distribute or disclose intimate sexual information;
  • Intentional removal or attempted removal of clothing covering an individual’s private body parts or exposing an individual’s undergarments, for a sexual purpose, without Consent;
  • Indecent exposure (e.g., exposing and/or transmitting images of one’s private body parts to others without Consent);
  • Engaging in or attempting to engage others in any sexual behavior in exchange for something of value;
  • Knowingly exposing another person to a sexually transmitted infection or disease without informing the other person that one has a sexually transmitted infection or disease;
  • Forcing a person to participate in sexual act(s) with a third party;
  • Forcing a person to expose their private body parts;
  • Forcing a person to take an action against their will by threatening to show, post, or share video, audio, or an image that depicts that person’s private body parts or depicts that person engaging in sexual act(s);
  • Exposing another person to sexually explicit or lewd material without the person’s advance knowledge and Consent; or
  • Intentionally, knowingly, or surreptitiously providing alcohol or other drugs to a person for the purpose of sexual exploitation.

Sexual exploitation does not include conduct covered under the definition of Title IX Sexual Misconduct.

5.    Interpersonal Violence: Interpersonal violence, as defined in this Policy, includes:

  1. Dating Violence: 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 a consideration of the following factors: i) the length of the relationship, ii) the type of relationship, and iii) the frequency of interaction between the persons involved in the relationship.

  2. Domestic Violence:  Violence committed by a current or former spouse or intimate partner of the Complainant, by a person with whom the Complainant shares a child in common; by a person who is cohabitating with or has cohabitated with the Complainant as a spouse or intimate partner; by a person similarly situated to a spouse of the Complainant under applicable domestic or family violence laws; or by any other person against Complainant who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction. 

Interpersonal violence is not limited to physical and/or sexual abuse. Interpersonal violence may also involve emotional, economic, psychological, or technological actions or threats of actions or other patterns of coercive behavior that influence another person within an intimate partner relationship. This includes any behaviors that intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure, or wound someone. 

Interpersonal violence does not include conduct covered under the definition of Title IX Sexual Misconduct.

6.    Non-Title IX Stalking: Engaging in a course of conduct directed at a specific person, on the basis of sex, that would cause a Reasonable Person to fear for their safety or the safety of others, or to suffer substantial emotional distress. 

Stalking may include repeatedly following, harassing, threatening, or intimidating another by telephone, mail, electronic communication, social media, or any other action, device, or method.

Non-Title IX Stalking does not include conduct covered under the definition of Title IX Sexual Misconduct.

C.  Retaliation

Retaliation means to intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by Title IX, its regulations, or this Policy. This includes adverse actions taken against an individual for making a report or filing a Formal Complaint; serving as a Witness; and/or assisting, participating, or refusing to participate in any manner in an investigation, proceeding, or hearing under this Policy. Encouraging or assisting others to engage in retaliation or to interfere with the process is also considered to be Retaliation. The exercise of rights protected by the First Amendment is not retaliation.

Charging an individual with a conduct violation for making a materially false statement in bad faith during the course of a Resolution Process under this Policy does not constitute retaliation. However, a determination regarding responsibility, or lack thereof, alone, is not sufficient for the University to conclude that a party made a materially false statement in bad faith. In order for an individual to be charged with a conduct violation for a false statement, the Decision-maker, in their written final determination, must make an affirmative Finding that the party made a materially false statement in bad faith during the course of the Resolution Process.

Acts that could constitute retaliation may include, but are not limited to: 

  • Acts or comments that are intended to discourage a person from engaging in activity protected under this Policy or that would discourage a Reasonable Person from engaging in activity protected under this Policy;
  • Acts or comments that are intended to influence whether someone participates in the Resolution Process, including a live hearing;
  • Adverse changes in employment status or opportunities related to activity protected under this Policy; and/or
  • Adverse impact to academic, educational, and extra-curricular opportunities related to activity protected under this Policy.

Retaliation may occur in person, through social media, email, text, and other forms of communication, representatives, or any other person.  Retaliation may occur against a person even when the person’s allegations of Sexual Misconduct are unsubstantiated.

The University prohibits retaliation and takes all reports of alleged retaliation very seriously. No one, including the University, may engage in retaliation. The Title IX Coordinator shall determine whether allegations of retaliation shall be included in the handling of a Formal Complaint, or whether they shall be referred to the Office of Community Standards and Student Support, Human Resources, or the Office of the Provost for handling in accordance with procedures for addressing violations of University policies.

D.  Prohibition of Romantic Relationships in Certain Situations

Because of the potential for sexual harassment or exploitation and perceptions of bias, among other reasons, the University prohibits romantic and/or sexual relationships in the following situations:

  1. No faculty member may engage in a romantic and/or sexual relationship or in romantic and/or sexual conduct with any student currently enrolled at Duquesne University;
  2. No athletic department employee may engage in a romantic and/or sexual relationship or in romantic and/or sexual conduct with a student athlete;
  3. No campus police officer or security officer may engage in a romantic and/or sexual relationship or in romantic and/or sexual conduct with any student currently enrolled at Duquesne University;
  4. No Residence Life staff member may engage in a romantic and/or sexual relationship or in romantic and/or sexual conduct with any student currently enrolled at Duquesne University; and
  5. A supervisor may not engage in a romantic and/or sexual relationship or in romantic and/or sexual conduct with any employee 1) over whom the supervisor has managerial authority or indirect influence regarding conditions of employment, 2) who is in the supervisor's direct or indirect reporting line, and/or 3) who is in the supervisor's department if the supervisor is at any level other than first level supervisor.

All universities hold a special relationship with their students. At Duquesne our actions are guided by our identity and mission as a Catholic university. Therefore, we expect all employees to exercise good judgment and to demonstrate appropriate professional behavior when interacting with students. Parties to a relationship that is not prohibited by this Policy must not use their relationship to disadvantage or harm third parties who are not involved in the relationship.

Reports of prohibited romantic relationships should be made to the Title IX Coordinator. The Title IX Coordinator will review the report and engage in an investigation to determine whether an actual violation of the Policy has occurred. After the investigation is completed, the Title IX Coordinator will make Findings as to whether a violation of the Policy has occurred and recommendations for sanctions, if applicable. Where a violation has occurred, the Title IX Coordinator’s Findings and recommendations for sanctions will be shared with Human Resources. Where the matter involves a faculty member, the Title IX Coordinator’s Findings and recommendations will also be shared with the Dean or Provost, as appropriate. Violations of this portion of the Policy are not subject to either Resolution Process A or B, and there will not be a hearing. Instead, after the Title IX Coordinator makes Findings and recommendations, Human Resources and/or the Dean or Provost will assign appropriate sanctions.

V.        Reporting an Incident of Sexual Misconduct

The University is committed to a safe and supportive environment for all community members. The University will respond to all reports of Sexual Misconduct under this Policy in a prompt, thorough, and consistent manner that treats each person with dignity and respect and will take responsible action to end any prohibited conduct, prevent its recurrence, and address its effects. 

The University is committed to supporting the rights of the Reporting Person or Complainant to make an informed choice among options and services available both on and off campus. Complainants are welcome to exercise their option to notify law enforcement. Reports may be pursued through the criminal process, through the University Resolution Process, through both, or through neither.

A. Making a Report

Anyone can make a report of Sexual Misconduct that could constitute a violation of this Policy. A report is different from a complaint and does not, on its own, initiate a Resolution Process. See Section VII Initiation of a Resolution Process.

Reports can be made at any time, and there is no deadline by which a report of prohibited conduct must be made. However, individuals are encouraged to report soon after the occurrence of the prohibited conduct to maximize the University's ability to provide resources, investigate, and respond.

1. Amnesty for Parties and Witnesses

The University considers the reporting of incidents of Sexual Misconduct and participation in the Resolution Process by Complainants and Witnesses to be of great importance to our campus community. The University recognizes that at times, Complainants and Witnesses may be hesitant to make a report or participate due to fear of potential consequences for their own conduct. 

To encourage reporting and participation in the Sexual Misconduct process, an individual who experiences Sexual Misconduct or a Witness will be granted amnesty from minor policy violations, such as the use of alcohol and/or other drugs, related to the reported incident. In those instances, however, the University may initiate a non-disciplinary response, such as an educational discussion with the individual about the use of alcohol or other drugs, and/or require the individual to attend an approved alcohol or drug education program.

Amnesty from violations of University policy does not preclude or prevent action by police or other legal authorities pursuant to relevant state or federal criminal law.

2. Reporting to the University: Non-Confidential

Reports may be made using any of the following options:

  • Report to the Title IX Coordinator (at any time, including non-business hours), by using the telephone number, email address, or office mailing address listed for the Title IX Coordinator below:

Alicia M. Simpson
Title IX Coordinator and Director of Sexual Misconduct Prevention and Response
600 Forbes Avenue
Union #339
Pittsburgh, PA 15282
(412) 396-2560
simpsona8FREEDUQUESNE or titleixFREEDUQUESNE 

  • Report to the Title IX Coordinator or member of the Title IX Office Staff, in person, during University business hours, Monday – Friday, 8:30 a.m. - 4:30 p.m. at the following location: Union Rooms #339 and/or #340 
  • Report to a Deputy Title IX Coordinator* using the following telephone numbers or email addresses listed below:

*Deputy Title IX Coordinators may change. A current list can be found on the Title IX website. 

  • Report to Public Safety, at any time by calling (412) 396-2677, or local law enforcement by calling “911,” especially in situations involving danger to persons or property.

3. Reporting to a Confidential Resource

Any community member who is not a Responsible Employee may seek advice and guidance confidentially, including about prohibited conduct defined in this Policy, by speaking to these University employees who are designated as Confidential Resources:

On-campus Confidential Resources:

  • Campus Ministers (412-396-6020);
  • University Counseling (412-396-6204);
  • University Psychology Clinic (412-396-6562);
  • Health Services (412-396-1650); and
  • University Wellness Coordinator (412-396-1375)

Only the University employees listed above may speak confidentially with a community member. All other University employees are Responsible Employees and required to share knowledge of alleged incidents of prohibited conduct with the Title IX Coordinator.

The below off-campus Confidential Resources are also available to community members, free of charge, and 24 hours a day, 7 days per week:

  • Pittsburgh Action Against Rape (1-866-363-7273);
  • Women’s Center & Shelter of Greater Pittsburgh (412-687-8005);
  • Center for Victims (1-866-644-2882); and
  • Resolve Crisis Network (1.888.796.8226)

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

Making a report to a Confidential Resource does not give the University actual knowledge of alleged Sexual Misconduct and therefore does not trigger outreach to the Complainant and/or Reporter by the Title IX Coordinator.

4. Reporting to Law Enforcement

To initiate a criminal report through law enforcement, the location and nature of the incident will determine which police department has jurisdiction. 

Members of the Duquesne community are encouraged to contact the University’s Department of Public Safety to make a report of prohibited conduct under this Policy. The Department of Public Safety will assist with connecting the individual to the appropriate police department, if necessary. 

A Complainant is not required to agree to a criminal investigation in order to initiate a Resolution Process with the University’s Title IX Office. 

In most cases, the decision to involve law enforcement belongs to a Complainant. If an individual wishes to pursue a criminal report, the Title IX Office can assist with contacting Duquesne University’s Department of Public Safety or local law enforcement and can coordinate processes so that both may proceed as appropriate.

In cases involving both criminal and University investigations, information can be shared between investigators, consistent with federal and state law. Concurrent law enforcement activity may result in a temporary delay of the Resolution Process but does not relieve the University of its obligation to respond to alleged violations of this Policy. A Complainant may always choose to participate or withdraw their participation from either investigative process at any time.

Please note that confidentiality is respected to the extent permitted by law, but the Title IX Office cannot guarantee absolute confidentiality. In limited circumstances, the University may independently notify law enforcement. These may include situations involving minors, mandatory reporting obligations under state or federal law, or circumstances presenting an immediate threat to the safety of the campus or individuals. When possible, individuals are informed before such reports are made.

Except in instances where there is a threat to the health and safety of the Complainant and/or others; where a request to contact law enforcement is provided by a Complainant; or where a notification to law enforcement is otherwise required by applicable law, reports made to the Title IX Coordinator will not be shared with law enforcement.

Supportive Measures are available regardless of whether a Resolution Process or police report is pursued.

Reports to law enforcement may be made using the contact information below:

  • Off-campus incidents -        911
  • Duquesne Public Safety-    412-396-2677

5. Anonymous Reporting

Although the University encourages a Reporter to talk with someone directly, the University provides an anonymous online reporting option, duq.edu/report. All reports of conduct that may violate this Policy that are submitted by an anonymous report will be referred to the Title IX Coordinator and will prompt an initial investigation. The University's ability to respond, however, may be limited by whether the report discloses sufficient information to enable the University to conduct a meaningful investigation. The individual making the report is encouraged to provide as much detailed information as possible to better enable the University to investigate the report and respond as appropriate.

6. Duty to Report – Responsible Employees

All employees (except for Confidential Resources) are Responsible Employees, meaning they are required to report any and all incidents of prohibited conduct under this Policy to the Title IX Coordinator or a Deputy Title IX Coordinator, regardless of where or when the incident occurred and whether or not the Responsible Employee witnessed the incident or learned of it through the Complainant, Respondent, or a third party. 

A Responsible Employee who learns of conduct that may violate this Policy must contact the Title IX Coordinator or appropriate Deputy Title IX Coordinator promptly and must share all known relevant details about the alleged or actual violation of this Policy, including the name of the Complainant, the name of the Respondent, other individuals involved, nature of the prohibited conduct, and other relevant facts including the date, time, and location of the alleged incident.

Employees who fail to fulfill their Responsible Employee responsibilities under this Policy may be subject to disciplinary action. 

7. Mandated Reporting of Child Abuse

If a University employee learns of prohibited conduct that may violate this Policy involving a minor, in addition to any reporting requirements to the Title IX Coordinator as a Responsible Employee, the employee is required to immediately make a mandatory report in accordance with the procedures set forth in TAP No. 50 – Protection of Minors, Section IV. Duty to Report. 

All University employees are Mandated Reporters of suspected or reported child abuse. Unlike Responsible Employees, there are no exceptions for Mandated Reporters; clergy and licensed healthcare providers are also considered Mandated Reporters. Students responsible for the welfare of a Minor or who have direct contact with Minors such as those acting in the capacity of Supervising Adults are also Mandatory Reporters of suspected or reported child abuse. Volunteers for Programs with Minors are also Mandatory Reporters of suspected or reported child abuse. Additionally, it is consistent with the University's mission to encourage all other non-Mandated Reporters to report instances or suspected instances of child abuse.

VI.    University Response to a Disclosure or Report

A. Preliminary Inquiry and Intake Meeting

Upon receipt of a report, the Title IX Coordinator or designee will conduct a preliminary inquiry to determine, based on the allegations shared at the time, the appropriate University policy and process under which to address the matter. 

As part of the preliminary inquiry, the Title IX Coordinator or designee will promptly and confidentially contact the Complainant to schedule an intake meeting. During the intake meeting, the Title IX Coordinator or designee will gather supplemental information, inform the Complainant of the availability of Supportive Measures with or without the initiation of a Resolution Process, consider the Complainant’s wishes with respect to Supportive Measures, including providing information about on and off-campus resources, and explain to the Complainant the process for initiating the appropriate Resolution Process (e.g., Resolution Process A for Title IX Sexual Misconduct or Resolution Process B for Non-Title IX Sexual Misconduct).

At the conclusion of the preliminary inquiry, the following resolution options are possible:

  • No further action under this Policy – which may involve referring the matter to the appropriate office for review under another University policy;
  • Supportive Measures only – regardless of whether a Resolution Process is initiated;
  • Formal Resolution – following the signing of a Formal Complaint or initiation of Resolution Process B by a Complainant or the Title IX Coordinator;
  • Informal Resolution – following the signing of a Formal Complaint for Title IX Sexual Misconduct or upon Consent of both parties for non-Title IX Sexual Misconduct; and
  • Other resolution as deemed appropriate by the Title IX Coordinator and consistent with all applicable law and this Policy – without the initiation of Resolution Process A or B. 

The University will consider a Complainant’s wishes in making the determination regarding how to proceed, in consultation with the factors outlined in Appendix A, Section II (B).   

B. Coordination of Supportive and Protective Measures

The University offers a wide range of resources for students and employees, whether as Complainants or Respondents, to provide support and guidance throughout the initiation, investigation, and resolution of a report of prohibited conduct under this Policy.

1.  Supportive Measures

Supportive Measures are non-disciplinary and non-punitive individualized services that are designed to restore or preserve equal access to the University's Education Program and/or Activity, protect the safety of the educational environment, and deter Sexual Misconduct.

Upon receiving a report of a potential violation of this Policy, the Title IX Coordinator will promptly contact the Complainant to discuss the availability of Supportive Measures, consider the Complainant’s wishes with respect to Supportive Measures, and inform the Complainant of the availability of Supportive Measures with or without the initiation of a Resolution Process.  

It is not possible for the University to provide Supportive Measures to an anonymous Complainant. At least one school official (the Title IX Coordinator) will need to know the Complainant's identity, but Supportive Measures will be kept confidential to the extent possible, and a Complainant may obtain Supportive Measures without identifying themselves to the Respondent (to the extent possible while implementing the Supportive Measures), or to anyone other than the Title IX Coordinator and anyone else who has a need to know in order to implement the Supportive Measures.

Supportive Measures are available to Complainants and Respondents. Supportive Measures that unreasonably burden the other Party will not be offered.

Supportive Measures are offered as appropriate, as reasonably available, and without fee or charge, and can include, but are not limited to:

  • Establishing a mutual no-contact directive prohibiting the parties involved from communicating with one another;
  • Changes to on-campus housing and/or campus employment locations;
  • Changes to class or campus employment schedules;
  • Providing academic supports or assistance with academic issues (e.g., extensions of deadlines, course-related adjustments);
  • Safety planning services, including safety escorts;
  • Referrals to counseling and medical services;
  • Assistance in identifying and connecting with off-campus and community resources for advocacy, support, and services;
  • Assistance in connecting with law enforcement, if desired;
  • Making available information about court orders of protection and providing referrals to obtaining and enforcing such orders; and
  • Assistance with medical withdrawals, leaves of absence, and/or Incomplete grades.

Supportive Measures may be offered at any time following a report and throughout a Resolution Process.

Supportive Measures are offered and may be implemented regardless of whether a Complainant has initiated a Resolution Process.

Supportive Measures will be maintained as confidential except to the extent that maintaining confidentiality would impair the University's ability to provide the Supportive Measures.

The Title IX Coordinator is the point of contact for coordinating the implementation of Supportive Measures. The Title IX Coordinator fulfills this duty based on a review of all available information and a meaningful dialogue with the party for whom the Supportive Measures will be provided. The determination of appropriate Supportive Measures in a given situation will be based on the facts and circumstances of that situation.

2.    Protective Measures

In certain instances, the University may determine it necessary to take action to protect the safety and access of a Complainant and/or the University community prior to the initiation of or during a Resolution Process while the University is investigating the report of Sexual Misconduct. In these instances, the Title IX Coordinator will review the situation to determine whether Protective Measures are needed. Protective Measures involve a restrictive action against a Respondent. Protective Measures are temporary and implemented on an interim basis pending the completion of the Resolution Process. Protective Measures are not automatic in every situation, but are determined based on the facts and circumstances of that situation.

The Title IX Coordinator, consistent with the law, has the discretion to impose and/or modify Protective Measures relating to allegations of Sexual Misconduct, based on all available information, and is available to meet with a Complainant or Respondent to address any concerns about the provision of protective measures. 

Protective Measures may include, but are not limited to:

  • Changes in Respondent’s class and/or campus work schedule;
  • Changes in the Respondent’s job assignment;
  • Changes in the Respondent’s campus housing;
  • Exclusion from all or part of University housing or specified activities or areas of campus;
  • Prohibition from participating in student activities or representing the University in any capacity; and/or
  • Emergency removal from University property and/or Involuntary Leave subject to the process outlined below. 

Emergency Removal for student Respondents: A student Respondent may be removed from the University’s Education Program or Activity on an emergency basis prior to the conclusion of a Formal Process or where no Formal Process is pending. Student Respondents will be removed following a determination that the student Respondent poses an immediate threat to the physical health or safety of any student or other individual arising from the allegations of Sexual Misconduct. The University will undertake an individualized safety and risk analysis following the Involuntary Leave Procedures administered by the University’s Campus Community Risk Team (CCRT), before removing a student Respondent on an emergency basis. The Involuntary Leave Procedures provide student Respondents with an immediate post-removal opportunity to challenge the removal.

Administrative Leave for non-student Employee Respondents: A non-student employee Respondent may be placed on administrative leave, with or without pay, during the pendency of the Formal Process, consistent with the law and other University policies.

C. Educational Meeting with a Respondent

The Title IX Coordinator or designee, may, in their discretion and consistent with all applicable law and this Policy, address Reports of prohibited conduct under this Policy by meeting with a Respondent about the Report and providing information and education on the University's policies, without the filing of a Formal Complaint. The Title IX Coordinator or designee may require a Respondent to attend such a meeting.. Failure to attend a required meeting could result in a referral to the Office of Community Standards and Student Support or Human Resources for a violation of University policy.

VII.      Initiation of a Resolution Process

After the determination of the applicable Resolution Process by the Title IX Coordinator, the applicable Resolution Process generally begins in one of the following ways:

A.  Formal Resolution 

1.   Title IX Sexual Misconduct – Process A

  1. Complainant Initiated: A Complainant, or a parent or guardian with a legal right to act on Complainant’s behalf, signs and submits a Formal Complaint to the Title IX Coordinator. Following receipt of the Formal Complaint, Resolution Process A will proceed as outlined in Appendix A. Information on how to submit a Formal Complaint can be found in Section II (A) of Appendix A.

  2. Title IX Coordinator Initiated: The Title IX Coordinator determines an investigation is required and signs a Formal Complaint on behalf of a Complainant, initiating Resolution Process A. More information about a Title IX Coordinator-initiated Formal Complaint can be found in Section II (B) of Appendix A. 

To initiate Resolution Process A, a signed Formal Complaint must be submitted.

2.   Non-Title IX Sexual Misconduct – Process B 

  1. Complainant Initiated: A Complainant, or a parent or guardian with a legal right to act on Complainant’s behalf, indicates to the Title IX Coordinator that they wish to take formal action against a Respondent and initiate Resolution Process B as outlined in Appendix B.
  2. Title IX Coordinator Initiated: The Title IX Coordinator determines that it is necessary for the University to take formal action against a Respondent and initiate Resolution Process B as outlined in Appendix B.  More information about a Title IX Coordinator-initiated Resolution Process can be found in Section II (A) of Appendix B. 

A Formal Complaint is not required to initiate Resolution Process B.

B.  Informal Resolution

The Informal Resolution process is a voluntary, structured process involving the Complainant and Respondent (and their Advisors, as applicable) to resolve allegations of prohibited conduct under this Policy.  

The parties are not required to attempt Informal Resolution, and Informal Resolution is not appropriate for all matters and/or all types of alleged prohibited conduct. Informal Resolution is not permitted to resolve allegations made by a student Complainant against a University employee Respondent. In all matters, the Title IX Coordinator has discretion to determine whether the matter is appropriate for Informal Resolution. Factors that the Title IX Coordinator may consider when determining the appropriateness of Informal Resolution include, but are not limited to:

  • The seriousness of the alleged prohibited conduct;
  • Whether there has been a pattern of alleged prohibited conduct by the same Respondent;
  • Whether the Respondent allegedly threatened further prohibited conduct or other violence against the Complainant or others;
  • Whether the prohibited conduct allegations involved violence, use of weapons, or similar factors;
  • Whether the Title IX Coordinator signed the Formal Complaint and/or whether the Complainant is participating in the Resolution Process; and
  • Whether there is an ongoing threat of harm or safety to the University community.

The determination regarding whether a matter is eligible for Informal Resolution is not subject to appeal.

Parties may be accompanied by Advisors during all meetings relating to the Informal Resolution process. Advisors are expected to comply with the University’s Rules for Advisors outlined in Appendix C.

Informal Resolution is available for resolution of allegations of Title IX Sexual Misconduct and/or non-Title IX Sexual Misconduct. However, Informal Resolution is only available for allegations of Title IX Sexual Misconduct after the filing of a Formal Complaint and initiation of Resolution Process A. 

Additional information on Informal Resolution can be found in Appendix A, Section IV for Title IX Sexual Misconduct and Appendix B, Section III for non-Title IX Sexual Misconduct. 

VIII.    Important Concepts 

A.    Rights and Responsibilities of Parties

A Complainant and a Respondent both have the right to an accessible, prompt, equitable, and impartial investigation and Resolution Process relating to allegations of Sexual Misconduct. 

The rights of a Complainant and a Respondent vary depending on whether the alleged Sexual Misconduct falls under the definition of Title IX Sexual Misconduct or the definition of non-Title IX Sexual Misconduct under this Policy. The University's Process A for addressing Title IX Sexual Misconduct, as outlined in Appendix A, and the University’s Process B for addressing Non-Title IX Sexual Misconduct, as outlined in Appendix B, set forth the applicable rights and responsibilities of the Complainant and the Respondent under each Resolution Process.

B.    Evidence, Credibility, Policy Presumptions, and Conflicts of Interest or Bias

The Title IX Coordinator, Investigator(s), Decision-maker(s), and anyone who facilitates Informal Resolution (the "Title IX Response Team") must review evidence objectively and may not have a conflict of interest or bias for or against Complainants or Respondents generally, or an individual Complainant or Respondent. 

Credibility determinations will not be made based on a party's status as a Complainant or Respondent and the University will not prejudge any facts at issue. Until a determination of responsibility has been made at the conclusion of the Resolution Process, a Respondent is presumed not to be responsible for prohibited conduct under this Policy. However, this presumption of non-responsibility is not a presumption about the Respondent's credibility, believability, or truthfulness. Additionally, this presumption of non-responsibility does not assume that a Complainant is untruthful.

C.      Privileged Information

The Resolution Processes do not require, allow, rely upon, or otherwise use questions or evidence that constitutes or seeks disclosure of information protected under legally recognized privilege unless the person holding privilege has voluntarily waived it in writing. Accordingly, during the Resolution Processes described in Appendix A and Appendix B, the Investigators will 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 or paraprofessional acting in the professional or paraprofessional's capacity, or assisting in that capacity, and which are made and maintained in connection with the provision of treatment to the party, unless the Investigators obtain that Party's voluntary written Consent.

D.      Standard of Proof

The University uses the Preponderance of the Evidence as the standard of proof when determining whether a Policy violation has occurred. This means that the Decision-maker will decide whether it is more likely than not, based upon the available information at the time of the decision, that the Respondent committed a violation of this Policy.

E.      Requests for Accommodations and/or Interpretive Services Under this Policy

Nothing in this Policy may be construed to modify any rights that may be available to parties under the Americans with Disabilities Act and/or TAP No. 56: Americans with Disabilities (ADA) and Requests for Accommodations. The University will not affirmatively provide disability accommodations that have not been specifically requested by a party in connection with proceedings under this Policy, even where that party may be receiving accommodations in other institutional programs and activities. A party wishing to receive accommodations and/or interpretive services under this Policy should notify the Title IX Coordinator or designee in advance, or as soon as such a need is identified, to allow sufficient time to review, identify, and implement any reasonable accommodations to the Resolution Process. The Title IX Coordinator or designee will coordinate such requests with the Office of Disability Services.

IX.      Confidentiality and Privacy Considerations

The University is committed to preserving the privacy of reported violations of this Policy. Except as necessary to carry out the purposes of this Policy, including the conducting of any investigation, hearing, or Resolution Process, and as required under law, including the Family Educational Rights and Privacy Act (FERPA), the University will not share the identity of any individual who has made a Report or filed a Formal Complaint of Sexual Misconduct, including: any Complainant; the identity of any Respondent who has been reported to have engaged in or found responsible for Sexual Misconduct; and the identity of any Witness. The University will also maintain the confidentiality of its various records generated in response to Reports and Formal Complaints. 

While the University will maintain confidentiality specified in this Section, the University will not limit the ability of the parties to discuss the allegations at issue in a particular case. Parties are advised, however, that the manner in which they communicate about or discuss a particular case may constitute a violation of this Policy, such as Retaliation, in certain circumstances and be subject to the processes specified in this Policy. 

Additionally, except as otherwise permitted under Title IX or other applicable law, parties and Advisors are not permitted to copy, disclose, or disseminate the evidence and documentation they review and inspect, outside of the Resolution Process.

Certain types of prohibited conduct are considered crimes for which the University must disclose crime statistics in its Annual Security Report that is provided to the campus community and available to the public. These disclosures will be made without including personally identifying information. 

The University reserves the right to designate which University officials have a legitimate educational interest in being informed about incidents that fall within this policy, pursuant to FERPA. 

X.          Recordkeeping and Limits on Recordings

The University will create and maintain records, including documentation and recordings of hearings, in accordance with the University’s records retention policy. These records are the property of the University. No party or participant may make any recordings of any meetings, interviews, and/or hearings other than the Title IX Coordinator or designee for the purpose of recording the hearing.

XI.      Relationship with Other University Policies

The University recognizes that the contents of Reports made under this Policy may also implicate other University policies. Accordingly, information may be shared with other University departments, as deemed appropriate, to provide uniform, consistent, efficient, and effective responses to alleged Sexual Misconduct or other forms of alleged misconduct. 

XII.    Training for University Employees

All University employees are required to complete training on this Policy within their first thirty (30) days of employment and to re-train on this Policy at least every three (3) years. Full-time employees who do not timely comply with this requirement are not eligible to participate in the annual salary increase pool, if any, and will not be considered for a raise; eligibility will be reviewed annually.

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

All Hearing and Appeal Decision-makers must have received training in accordance with Title IX and its implementing regulations, must review this Policy, and must refer any questions about this Policy to the Title IX Coordinator.

XIII.   Related Information

TAP No. 30: Equal Educational Employment Opportunity and Human Relations in the Workplace and Classroom

TAP No. 50: Protection of Minors

TAP No. 55: Ethical, Respectful and Professional Conduct

Title IX Website

Student Handbook

Faculty Handbook

XIV.  Violations

Violations of this policy are subject to the sanctions and remedies set forth in Appendices A and B.

XV.  History

Date of most recent revision: 8/3/2026

XVI.  Ownership of Policy

Title IX Coordinator and Director of Sexual Misconduct Prevention and Response

XII. Appendices

Appendix A: Resolution Process for Alleged Title IX Sexual Misconduct (“Process A”)

Appendix B: Resolution Process for Alleged non-Title IX Sexual Misconduct (“Process B”)

Appendix C: Rules for Advisors

Appendix D: TAP No. 31: Sexual Misconduct and Gender Discrimination (For allegations of non-Title IX Prohibited Conduct occurring prior to 8/3/2026)

Appendix E: TAP No. 61: Interim Policy on Title IX Sexual Harassment (For allegations of Title IX Prohibited Conduct occurring between 8/15/2020 – 8/2/2026)