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

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Purpose

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

I. Policy Statement

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

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

II. Jurisdiction

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

III. Training

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

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

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

IV. Standard of Proof

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

V. Definitions

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

VI. Conduct Prohibited by this Policy

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

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

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

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

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

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

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

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

g. Dating Violence - Dating violence is violence committed by a person who is or has been in a social relationship of a lãng mạn or intimate nature with the victim. The existence of such a relationship will be based on the Complainant/Reporter"s statements và with consideration of the length và type of relationship & the frequency of interaction between the persons involved in the relationship. Dating violence includes but is not limited to lớn sexual or physical abuse or the threat of such abuse. Dating violence can also include emotional, verbal, and economic abuse, and can exist without the presence of physical abuse.

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

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

VII. Prohibition of Romantic Relationships in Certain Situations

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

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

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

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

d. No Residence Life staff member may engage in a lãng mạn and/or sexual relationship or in thắm thiết and/or sexual conduct with any student currently enrolled at diendantocdep.netuesne University.

e. A supervisor may not engage in a thắm thiết and/or sexual relationship or in thắm thiết 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 cấp độ other than first cấp độ supervisor.

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

Parties lớn a relationship that is not prohibited herein must not use their relationship to disadvantage or harm third parties who are not involved in the relationship.

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VIII. Consent

a. What is consent:

A các buổi tiệc nhỏ must actively and positively agree to lớn sexual contact for the sexual tương tác khổng lồ be considered consensual. Both parties must receive sầu verbal agreement and positive sầu cooperation. For additional information, please see www.diendantocdep.net/titleix.

IX. Resources for Reporting

a. Title IX Coordinator - The University"s Title IX Coordinator is Lee Robbins, 412-396-2560, robbinsl1

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