Policy Statement on Title IX Compliance
Lake Erie College of Osteopathic Medicine Policy Statement on Title IX Compliance And Affirmation of the Prohibition of Sexual Harassment, Misconduct or Violence
Title IX of the Education Amendments of 1972 (“Title IX”), 20 U.S.C. §§ 1681 et seq., and its implementing regulations, 34 C.F.R. Part 106, prohibit discrimination on the basis of sex in education programs or activities operated by recipients of Federal financial assistance. Additionally, state law prohibits such conduct.
Lake Erie College of Osteopathic Medicine (LECOM) forbids discrimination and harassment on the basis of sex and any form of sexual misconduct in all of its education programs and activities, as well as its employment practices. Likewise LECOM forbids retaliation against anyone who seeks to avail themselves of their rights under Title IX and state law or participates in a related investigation.
The term “sexual misconduct” is a broad term used to refer to all the prohibited sexual violence and sexual harassment behaviors under this policy. As used in this policy, sexual misconduct may also encompass criminal conduct under state and/or federal law. Additionally, sexual misconduct under this policy may result in civil and/or administrative legal consequences.
This policy contains certain provisions, including, but not limited to, the New York Students’ Bill of Rights and Pennsylvania and New York Alcohol and Drug Use Amnesty that are applicable only to students enrolled in programs or residing in certain states. In the interest of completeness and clarity, we combine all of these policies here.
Notice of sexual harassment or allegations of sexual harassment to the Title IX Coordinator, a Deputy Title IX Coordinator, or any official who has the authority to institute corrective measures. Actual notice is not imputation of knowledge based solely on vicarious liability or constructive notice.
The parties may select an advisor of their choice who may be, but isn’t required to be, an attorney. The advisor may provide support to a party. In a hearing, cross-examination must be done by an advisor, and not by a party. For a hearing, if a party does not have an advisor present, LECOM must provide one without fee to the party. The advisor provided by LECOM to conduct cross-examination at a hearing (if the party does not have an advisor of choice) does not have to be an attorney even if the other party has hired an attorney as their advisor of choice. Advisors conducting cross-examination that are not professionals (attorneys or experienced advocates) must at least be adults capable of understanding the purpose and scope of cross-examination. The parties’ advisors do not have to be of equal competency.
Any opportunity provided by LECOM to have an advisor of choice present during any phase of the Title IX process must be given to both parties. LECOM may limit the extent that an advisor may participate in the proceedings, but the restrictions must apply equally to both parties. The choice of advisor will not be limited with the exception of decorum issues explained in the Hearings section below.
An individual who is alleged to be the victim of conduct that could constitute sexual harassment.
- Consent to any sexual act or prior consensual sexual activity between or with any party does not necessarily constitute consent to any other sexual act.
- Consent is required regardless of whether the person initiating the act is under the influence of drugs and/or alcohol.
- Consent may be initially given but withdrawn at any time.
- Consent cannot be given when a person is incapacitated, which occurs when an individual lacks the ability to knowingly choose to participate in sexual activity. Incapacitation may be caused by the lack of consciousness or being asleep, being involuntarily restrained, or if an individual otherwise cannot consent. Depending on the degree of intoxication, someone who is under the influence of alcohol, drugs, or other intoxicants may be incapacitated and therefore unable to consent.
- Consent cannot be given when it is the result of any coercion, intimidation, force, or threat of harm.
- When consent is withdrawn or can no longer be given, sexual activity must stop.
Violence committed by a person
- who is or has been in a social relationship of a romantic or intimate nature with the victim; and
- where the existence of such a relationship shall be determined based on a consideration of the following factors:
- The length of the relationship
- The type of relationship
- The frequency of interaction between the persons involved in the relationship
The term “domestic violence” includes felony or misdemeanor crimes of violence committed by
- a current or former spouse or intimate partner of the victim; or
- a person with whom the victim shares a child in common; or
- a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner; or
- a person similarly situated to a spouse of the victim; or
- any other person against an adult or youth victim who is protected from that person’s acts under applicable domestic or family violence laws.
Education Program or Activity:
Includes locations, events, or circumstances over which LECOM exercised substantial control over both the Respondent and the context in which the sexual harassment occurred, and also includes any building owned or controlled by a student organization that is officially recognized by LECOM. Factors to consider include whether LECOM funded, promoted, or sponsored the event or circumstance where the alleged harassment occurred.
Program or activity includes LECOM’s computer and internet networks, digital platforms, and computer hardware or software owned or operated by or used in LECOM operations.
Incapacitation is a condition that prevents a person from having the capacity to give consent. It may be due to the use of drugs or alcohol, when a person is asleep or unconscious, or because of an intellectual or other disability.
Intimidation means to make fearful or to put into fear. Generally, proof of actual fear is not required in order to establish intimidation. It may be inferred from conduct, words, or circumstances reasonably calculated to produce fear.
This term refers to the Complainant and the Respondent collectively.
Where a determination of responsibility for sexual harassment has been made against the Respondent following a grievance process, remedies may be provided to the Complainant. Remedies are designed to restore or preserve equal access to LECOM’s education program or activity. Remedies provided may include the same individualized services given as “supportive measures” (see definition below), however remedies need not be non-disciplinary or non-punitive and need not avoid burdening the Respondent.
A person reporting alleged conduct prohibited by this policy. The Reporter may be the Complainant or any other person.
An individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment.
Any type of sexual contact or behavior that occurs without the explicit consent of the recipient. It includes both non-consensual sexual contact and intercourse.
Taking sexual advantage of another person or violating the sexual privacy of another when consent is not present. This includes, but is not limited to, the following actions (including when they are done via electronic means, methods or devices):
- Sexual voyeurism or permitting others to witness or observe the sexual or intimate activity of another person without that person’s consent;
- Indecent exposure or inducing others to expose themselves when consent is not present;
- Recording or distributing information, images or recordings of any person engaged in sexual or intimate activity in a private space without that person’s
- Prostituting another individual;
- Knowingly exposing another individual to a sexually transmitted disease or virus without that individual’s knowledge; and
- Inducing incapacitation for the purpose of making another person vulnerable to non-consensual sexual
Sexual harassment means conduct on the basis of sex that satisfies one or more of the following:
(1) A LECOM employee conditioning the provision of a LECOM aid, benefit, or service on an individual’s participation in unwelcome sexual conduct;
(2) Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to LECOM’s education program or activity; or
(3) “Sexual assault,” “dating violence,” “domestic violence,” or “stalking.”
Engaging in a course of conduct directed at a specific person that would cause a reasonable person to
- fear for his or her safety or the safety of others; or
- suffer substantial emotional distress.
A course of conduct is when a person engages in two or more acts that include, but are not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveys, threatens, or communicates to or about a person in a prohibited way, or interferes with a person’s property.
Stalking includes the concept of cyberstalking, in which electronic media such as the Internet, social networks, blogs, cell phones, texts, or other similar devices or forms of contact are used to pursue, harass, or to make unwelcome contact with another person in an unsolicited fashion.
Non-disciplinary, non-punitive individualized service offered as appropriate and reasonably available without fee to the Complainant or Respondent before or after the filing of a formal complaint or where no formal complaint is filed. Supportive measures are designed to restore or preserve equal access to the education program or activity without unreasonably burdening the other party. The measures are designed to protect the safety of all parties or the educational environment or to deter sexual harassment. They may include counseling, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, campus escort services, mutual restrictions on contact between the parties, changes in work or housing locations, leaves of absence, increased security and monitoring of certain areas of the campus, and other similar measures.
A person who has knowledge related to specific aspects of a case and may have reported such aspects to the institution.
A. Title IX, VAWA and Nondiscrimination Statement
LECOM prohibits any form of discrimination and harassment on the basis of sex, race, color, age, religion, national or ethnic origin, sexual orientation, gender identity or expression, pregnancy, marital or family status, medical condition, genetic information, veteran status, or disability in any decision regarding admissions, employment, or participation in aLECOM program or activity in accordance with the letter and spirit of federal, state, and local non-discrimination and equal opportunity laws, such as Titles VI and VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, The Age Discrimination in Employment Act, The Americans with Disabilities Act and ADA Amendments Act, The Equal Pay Act, any applicable local nondiscrimination ordinance and the Pennsylvania Human Relations Act.
LECOM also complies with the Jeanne Clery Disclosure of Campus Security Policy and Campus Crimes Statistics Act, as amended by the Violence Against Women Act (VAWA). Title IX prohibits retaliation for asserting or otherwise participating in claims of sex discrimination. VAWA imposes additional duties on universities and colleges to investigate and respond to reports of sexual assault, stalking, and dating or domestic violence, and to publish policies and procedures related to the way these reports are handled. LECOM has designated the Title IX Coordinator, with assistance of the Deputy Title IX Coordinators, to coordinate LECOM’s compliance with Title IX and VAWA and to respond to reports of violations. LECOM has directed the Title IX Coordinator to coordinate LECOM’s compliance with the Clery reporting related VAWA requirements. LECOM will promptly and equitably respond to all reports of sexual misconduct in order to eliminate the misconduct, prevent its recurrence, and redress its effects on any individual or the community.
B. Scope of Policy
This policy applies to conduct prohibited by Title IX and its related regulations. There is no time limit for reporting allegations of sexual misconduct, however, LECOM strongly encourages the prompt reporting of sexual misconduct to allow LECOM to respond promptly and effectively. If the reported Respondent is not a member of the LECOM community or is no longer associated with LECOM at the time of the report or at the time a resolution process is initiated, LECOMmay be unable to conduct an investigation or take disciplinary action.
Please see the Reporting Sexual Misconduct section below to make a report of misconduct, discrimination and/or harassment, or to file a complaint.
C. Statement on Privacy and Confidentiality
LECOM will keep confidential the identity of any individual who has made a report or complaint of sex discrimination, any Complainant, any individual reported to be the perpetrator of sex discrimination, any Respondent, and any witness except as permitted by the FERPA statute or otherwise required by law or to carry out the conduct of any Title IX investigation, hearing, or judicial proceeding.
LECOM is committed to protecting the privacy of all individuals involved in a report of sexual misconduct. Every effort will be made to protect the privacy interests of all individuals involved. Privacy, confidentiality and privilege have distinct meanings under this policy.
Privacy generally means that information related to a report of sexual misconduct will only be shared with a limited circle of individuals, including individuals who “need to know” in order to assist in the review, investigation, or resolution of the report or to deliver resources or support services. While not bound by confidentiality or privilege, these individuals will be discreet and respect the privacy of all individuals involved in the process. All participants in an investigation of sexual misconduct, including advisors and witnesses, will be informed that privacy helps enhance the integrity of the investigation and protect the privacy interests of the parties and will be asked to keep any information learned in an investigation meeting or hearing confidential, to the extent consistent with applicable law.
Certain individuals are designated as having confidentiality. For reports made to employees designated with having confidentiality, LECOM will respect the reporting party’s expectations of privacy to the extent permissible by law while still ensuring compliance with other reporting obligations. For example, complaints involving minors are subject to mandatory reporting requirements.
Individuals designated as having confidentiality are required to report the nature, date, time and general location of an incident to the Title IX Coordinator. Confidential resources will not share other information with the Title IX Coordinator or any other employee of LECOM without the express permission of the disclosing party. Confidential resources can provide information about LECOM and off-campus resources, support services and other options. As noted above, because of the confidential nature of these resources, disclosing information to or seeking advice from a confidential resource does not constitute a report or complaint to LECOM and will not result in a response or intervention by LECOM. A person consulting with a confidential resource may later decide to make a report to LECOM and/or law enforcement.
Communication with certain individuals may be privileged by operation of law and reports made to these individuals will not be shared with the LECOM Title IX Coordinator or law enforcement except in very limited situations, such as when failure to disclose the information would result in imminent danger to the individual or to others or as otherwise required by law. There are no LECOM employees, including the Directors of Behavioral Health, who provide officially sanctioned confidential counseling at LECOM.
LECOM will generally respect a Complainant’s choice whether to report an incident to local law enforcement or initiateLECOM’s sexual misconduct resolution process unless LECOM determines that there is an overriding interest with respect to the safety or welfare of the LECOM community. Where a report involves suspected abuse of a child (an individual under the age of 18 at the time of the incident(s) as reported), all LECOM employees and volunteers are required to notify LECOM police and the appropriate state authority (in Pennsylvania – ChildLine of the Pennsylvania Department of Human Services; in Florida – the Abuse Hotline of the Florida Department of Children and Families; in New York – Keeping Children Safe of the Administration for Children’s Services). All other members of the LECOM community are strongly encouraged to report suspected child abuse to law enforcement and the appropriate state authority.
When a Complainant desires to initiate a grievance process started with the signing of a formal complaint, the Complainant cannot remain anonymous or prevent the Complainant’s identity from being disclosed to the Respondent.
All LECOM proceedings are conducted in compliance with the requirements of the Family Educational Rights andPrivacy Act (FERPA), the Clery Act, Title IX of the Education Amendments of 1972 (“Title IX”), Violence Against Women Act (VAWA), state and local law, and LECOM policy. No information will be released from such proceedings, except as required or permitted by law and LECOM policy.
LECOM may share non-identifying information about reports received in aggregate form, including data about outcomes and sanctions.
D. Prohibited Conduct
LECOM prohibits the following forms of conduct:
- Sexual assault including sexual penetration without consent, sexual contact without consent and statutory sexual assault
- Sexual harassment
- Sexual exploitation
- Intimate-partner violence, including dating violence and domestic violence
This prohibited conduct can affect all genders, gender identities, and sexual orientations. Some of these prohibited forms of conduct may also be crimes under state or federal law.
E. Alcohol and Drug Use Amnesty
The health and safety of every student at LECOM is of utmost importance. LECOM recognizes that students who have been drinking and/or using drugs (whether such use is voluntary or involuntary) at the time that violence, including but not limited to domestic violence, dating violence, stalking, or sexual assault occurs may be hesitant to report such incidents due to fear of potential consequences for their own conduct. LECOM strongly encourages students to report domestic violence, dating violence, stalking, or sexual assault to institution officials. A bystander acting in good faith or a reporting individual acting in good faith that discloses any incident of domestic violence, dating violence, stalking, or sexual assault to LECOM officials or law enforcement will not be subject to disciplinary action under LECOM’s code of conduct for violations of alcohol and/or drug use policies occurring at or near the time of the commission of the domestic violence, dating violence, stalking, or sexual assault.
LECOM may request the individual attend an approved alcohol or drug education program and without assessing any charges for such program. This amnesty provision also applies to student groups making a report of sexual misconduct. Amnesty does not preclude or prevent action by police or other legal authorities pursuant to relevant state or federal criminal statutes. Referral to PHP/CPH/SARPh/PRN/Centerstone may be made. Such a referral is not a disciplinary action but rather is a referral for the health of the referred individual and to ensure that they are safely able to practice their profession following graduation.
F. Prohibition of False Accusations
Deliberately false and/or malicious accusations of sexual misconduct, relationship violence, stalking or other conduct prohibited by this policy, as opposed to complaints which, even if erroneous, are made in good faith, are serious and will subject the perpetrator of those accusations to appropriate disciplinary action. Good faith means that a report is made based on fact or reasonable beliefs and not solely on personal animus against the person accused.
G. General Considerations about the Title IX Grievance Process
- Complainants and Respondents must be treated equally.
- The Respondent will be presumed to be not responsible for the alleged conduct until a determination regarding responsibility is made at the conclusion of the grievance process.
- Remedies must be designed to restore or preserve equal access to LECOM’s education program or activity.
- The remedies may include the same individualized “supportive measures,” but remedies need not be non-disciplinary or non-punitive and need not avoid burdening the Respondent.
- There must be an objective evaluation of all relevant evidence, including both inculpatory and exculpatory evidence.
- Credibility determinations may not be based on a person’s status as a Complainant, Respondent, or Witness.
- The Title IX Coordinator, investigator, decision-maker, or other designated person to facilitate an informal resolution process may not have a conflict of interest or bias for or against Complainants or Respondents generally or specifically to individual Complainants or Respondents.
IV. REPORTING SEXUAL MISCONDUCT
A. Reporting Options
Any individual, including a third party, may make a report concerning sexual misconduct. Complainants and third parties are encouraged to report sexual misconduct as soon as possible to allow LECOM to respond promptly and effectively.
A person who has experienced sexual misconduct under this policy, or a person who witnesses sexual misconduct underthis policy, has the right to simultaneously file a complaint with LECOM and to pursue a criminal complaint with law enforcement. Victims and witnesses of sexual misconduct have the right to be assisted by LECOM in notifying law enforcement authorities of sexual misconduct or they can decline to notify such authorities. LECOM may, however, have a statutory reporting obligation when it becomes aware of certain factual allegations. Parties may also have options to filecivil actions in court or with administrative agencies.
LECOM has designated the Title IX Coordinator to oversee complaints of sexual misconduct at LECOM. An individual who has experienced sexual misconduct has the right to choose whether to report the incident to LECOM’s Title IXCoordinator/designee or a Deputy Title IX Coordinator. These officials are trained to work with individuals who report sexual misconduct and have knowledge about resources and services, both on and off campus, including the availability of supportive measures.
LECOM Title IX Coordinator and Deputy Coordinators
Institutional Title IX Coordinator
Aaron E. Susmarski, J.D.
Institutional Director of Human Resources
Dr. Melanie Dunbar, Deputy Coordinator
Director of Behavioral Health
Dr. Nancy Carty, Deputy Coordinator
Assistant Dean of Preclinical Education
LECOM Bradenton (including DeFuniak Springs)
Ms. Debra Horne, Deputy Coordinator
Director of Student Affairs
Dr. Julie J. Wilkinson, Deputy Coordinator
Professor of Pharmacy Practice
LECOM at Seton Hill
Dr. Dennis Min, Deputy Coordinator
Assistant Professor of Gastroenterology
LECOM at Elmira
Dr. Richard Terry, Deputy Coordinator
Associate Dean of Academic Affairs
Please Note: The Title IX Coordinator and Deputy Coordinators are not confidential sources of support. While they will address your complaint with sensitivity and will keep your information as private as possible, confidentiality cannot beguaranteed. See the list below of outside services which may provide confidential counseling.
Please Also Note: Making a report is different from filing a complaint. A report is defined as notification of an incident of sexual misconduct to the Title IX Coordinator/designee. A report may be accompanied by a request for (1) supportive or interim measures; (2) no further action; and/or (3) the filing of a formal complaint. See Process After Report of Sexual Misconduct section below for subsequent steps.
B. Electronic and Anonymous Reporting
You may also file a complaint about sexual misconduct using the appropriate links below. While anonymous complaintsare accepted, LECOM’s ability to address misconduct reported anonymously is significantly limited.
Individuals may use this link on the LECOM portal to electronically file a report of sexual misconduct with LECOM by clicking here: appweb.stopitsolutions.com/login
Please use the following Access Code to login: ONELECOM
An immediate auto-response email with information about resources and options will be sent in response to reports filed electronically.
C. Criminal Reporting Options
LECOM police are employees of LECOM and obligated to promptly report incidents of sexual misconduct that alsoconstitute criminal conduct of which they become aware during the scope of their employment to the Title IX Coordinator, regardless of whether the individual who is making the report chooses to pursue criminal charges.
A Complainant may seek resolution through LECOM’s Title IX process. A Complainant may also seek to initiate a criminal complaint, independent of or parallel with any resolution process of LECOM. LECOM’s policy, definitions, and burden of proof may differ from state criminal law. Neither law enforcement’s decision whether to prosecute, nor the outcome of any criminal prosecution, is determinative of whether sexual misconduct has occurred under this policy. In cases where there is a simultaneous law enforcement investigation, there may be circumstances when LECOM may need to temporarily delay its investigation while law enforcement gathers evidence. However, LECOM will generally proceed with its investigation and resolution of a complaint even during the time of a pending law enforcement investigation.
Local Law Enforcement
At all LECOM locations, call 9-1-1 to contact local law enforcement, fire, or EMS to report an emergency or crime. Call 9-9-1-1 from a LECOM or Seton Hill University phone.
Erie Police Department
Millcreek Police Department
Pennsylvania State Police Department
LECOM Campus Police and Security Office
Located inside the north entrance
1858 West Grandview Boulevard
Erie, Pennsylvania, 16509
If an officer is not at the desk, callers may leave a message or call the cell phone of the officer on duty at (814) 434-3927.
Manatee County Sheriff
Bradenton Police Department
LECOM Security Office for College of Medicine & School of Pharmacy Building
Located inside the southwest entrance
5000 Lakewood Ranch Boulevard
Bradenton, Florida, 34211
LECOM Security Office for School of Dental Medicine Building
Located inside the south entrance
4800 Lakewood Ranch Boulevard
Bradenton, Florida, 34211
DeFuniak Springs, Florida
Walton County Sheriff
DeFuniak Springs Police Department
Security Office for LECOM DeFuniak Springs Dental Offices
Located inside the main entrance
101 LECOM Way
DeFuniak Springs, Florida, 32435
LECOM at Seton Hill in Greensburg, Pennsylvania
Greensburg, Pennsylvania Police Department
Pennsylvania State Police
Seton Hill University (SHU) Police Department
Room 115 Administrative Annex
One Seton Hill Drive
Greensburg, PA 15601
Dial (724) 244-2192 for the officer on patrol (cell phone)
LECOM at Elmira in Elmira, New York
Elmira Police Department
Chemung County Sheriff
(607) 737-2987, ext. 104
New York State Police
LECOM Security Office
Located inside the main entrance
250 West Clinton Street
Elmira, NY 14901
D. External Reporting Options
A person may also file a complaint with the U.S. Department of Education’s Office for Civil Rights regarding an alleged violation of Title IX by visiting https://www2.ed.gov/about/offices/list/ocr/complaintintro.html or calling 1-800-421-3481 or emailing OCR.Philadelphia@ed.gov.
A person may also file a complaint with the Pennsylvania Human Relations Commission by calling 717-787-9780 for theHarrisburg Regional Office; 412-565-5395 for the Pittsburgh Regional Office; or 215-560-2496 for the Philadelphia Regional Office or visiting https://www.phrc.pa.gov/Pages/default.aspx.
Employees may also file a charge with the Equal Employment Opportunity Commission regarding an alleged violation of Title VII by calling 1-800-669-4000 or visiting https://www.eeoc.gov/employees/howtofile.cfm.
E. Assessment and Timely Warnings
The Title IX Coordinator or designee, in consultation with a Title IX assessment team and others (as necessary), willconduct an initial assessment of the conduct, the reporting party’s desired course of action, and the necessity for any interimmeasures or services to protect the safety of the Complainant or the community. The goal is to eliminate any hostile environment. If a report of misconduct discloses a serious or immediate threat to the campus community, LECOM willissue a timely notification to the community to protect the health or safety of the community. The timely notification will not include any identifying information about the Complainant.
V. PROCESS AFTER REPORT OF SEXUAL MISCONDUCT
A. Title IX Outreach
Upon receipt of a report of sexual misconduct, the Title IX Coordinator or designee will provide resources and support information by contacting the potential Complainant and offering an initial meeting between the reporting party and the Title IX Coordinator or designee. The initial meeting is optional and the reporting party may decline. The purpose ofthe initial meeting is for the Title IX Coordinator or designee to gain a basic understanding of the nature and circumstances of the report and provide information about resources, supportive measures, and resolution options to the reporting party.
B. Interim and Supportive Measures
The Title IX Coordinator or a Deputy Title IX Coordinator will promptly contact the Complainant to discuss supportive measures and how they are available with or without the filing of a formal complaint, consider the Complainant’s wishes with respect to supportive measures, and explain to the Complainant the process for filing a formal complaint. The Respondent and other affected parties may also be provided supportive measures. These measures may be to protect, assist, and/or to forestall retaliation. LECOM may also take interim measures to protect the LECOM community at large. See the definition of “supportive measures” in the Definitions section.
LECOM’s primary goal is to ensure that the parties and the LECOM community are safe. Regardless of whether a Complainant chooses to pursue disciplinary action, LECOM will take interim measures to protect those involved and ensure that all safety, emotional, and physical well-being concerns are met.
Reasonable interim measures to protect the safety of the parties will be determined on a case-by-case basis. In making the determination, LECOM will consider, at a minimum, the parties’ expressed need, the severity or pervasiveness of the allegations, the continuing effects, the likelihood that the parties will come into contact with each other through daily activities, and whether any legal steps have been taken to protect either party.
Student Supportive Measures:/em>
Some examples of supportive measures LECOM may provide to students include modifying class schedules, workplace schedules, and/or extracurricular activities; assisting in obtaining counseling and academic support services; student financial aid guidance; offering extra time to complete a course if possible; providing escort services on campus from the campus police; and initiating a no contact order. Also see the Emergency Removal of the Respondent section.
Staff Supportive Measures:
Some examples of supportive measures LECOM may provide to a staff member include modifying work schedule, workplace department or location, or supervisor; assisting in obtaining counseling services; providing escort services on campus and increasing security around the employee; initiating a no-contact order; and issuing a persona non grata order to prevent a person from coming on campus.
Faculty Supportive Measures:
Some examples of supportive measures LECOM may provide to a faculty member include modifying teaching schedule, workplace schedule, extracurricular schedule, or supervisor; assisting in obtaining counseling services; providing escort services on campus and increasing security around the faculty member; initiating a no-contact order; and issuing a persona non grata order to prevent a person from coming on campus.
C. Formal Complaint
A formal complaint is a document filed by a Complainant alleging sexual harassment against a Respondent and requesting that LECOM investigate the allegation of sexual harassment. A formal complaint may be filed with the Title IX Coordinator or a Deputy Title IX Coordinator in person, by mail, by electronic mail, or using an available online reporting system. A formal complaint filed by a Complainant must have the Complainant’s physical or digital signature or otherwise indicate that the Complainant is the person filing the formal complaint.
There is no specific form required to file a formal complaint. Moreover, there is no requirement that the formal complaint include a detailed statement of facts or the name of the Respondent if that is not known.
In addition to a Complainant, there are circumstances when the Title IX Coordinator may sign a formal complaint. Other third parties cannot. A Title IX Coordinator may sign a formal complaint in the absence of one signed by a Complainant in order to protect the educational community. In deciding whether to sign a formal complaint, the Title IX Coordinator may consider a variety of factors, including a pattern of alleged misconduct by a particular Respondent; allegations of the use of violence and/or the use of weapons; or similar factors. The Title IX Coordinator may sign a formal complaint only after the Title IX Coordinator has contacted the Complainant (the person alleged to have been victimized by sexual harassment) to discuss the availability of supportive measures, considered the Complainant’s wishes with respect to supportive measures, and explained to the Complainant the process for filing a formal complaint.
When the Title IX Coordinator decides to sign a formal complaint that originated with an anonymous complaint, the written notice of the allegations must be sent to both parties and include the identity of the parties, if known.
The signing of a formal complaint by the Title IX Coordinator does not place the Title IX Coordinator in a position adverse to the Respondent. When the Title IX Coordinator initiates an investigation based on allegations of which the Title IX Coordinator has been made aware, the Title IX Coordinator is not prevented from being free from bias or conflict of interest with respect to any party.
An investigation and grievance process cannot proceed pursuant to this Title IX policy in the absence of a signed formal complaint. If the Complainant’s identity is unknown, the grievance process may proceed if the Title IX Coordinator determines it is necessary to sign a formal complaint. In that case, the written notice of the allegations would not include the Complainant’s identity as it is unknown.
A Complainant’s formal complaint must be investigated even if the Complainant does not know the Respondent’s identity because an investigation may reveal the Respondent’s identity. Once a Respondent’s identity is known, LECOM will send written notice to both parties.
Formal complaints against more than one Respondent or by more than one Complainant may be consolidated if they arise out of the same facts or circumstances. In that instance, there may be a combined grievance process. A consolidation of formal complaints may include counter-complaints by one party against the other party.
D. Emergency Removal of the Respondent
LECOM is permitted to remove a Respondent from its education program or activity on an emergency basis if LECOM undertakes an individualized safety and risk analysis and determines that an immediate threat to the physical health or safety of any student or other individual arising from the allegations of sexual harassment justifies removal. In that instance, LECOM will provide the Respondent with notice and an opportunity to challenge the decision immediately following the removal.
E. Dismissal After Filing of a Formal Complaint
The Title IX grievance process described in this policy applies only to alleged sexual harassment that occurred in a LECOM education program or activity against a person in the United States. The terms “sexual harassment” and “education program or activity” are defined above in the Definitions section.
Formal Title IX complaints must be dismissed if the alleged conduct:
- was not “sexual harassment” as defined; or
- did not occur in a LECOM education program or activity as defined; or
- was not perpetuated against a person in the United States (i.e. in another country and not in the United States)
Formal Title IX complaints may be dismissed (or it may be decided that the Title IX process continue) if at any time during the investigation or hearing:
- A Complainant notifies the Title IX Coordinator in writing that the Complainant would like to withdraw the formal complaint or any allegations therein
- The Respondent is no longer enrolled at or employed by LECOM
- Specific circumstances prevent LECOM from gathering enough evidence to reach a determination as to the formal complaint or the allegations therein
Upon a dismissal of a formal complaint, written notice of the dismissal and reasons therefor will be sent to the parties simultaneously. In the event that LECOM dismisses the Title IX formal complaint, LECOM may proceed using the non-Title IX code of conduct violation process.
F. Notice After Filing of a Formal Complaint
When a formal complaint is received (whether signed by the Complainant or the Title IX Coordinator), written notice must be sent to the known parties that includes:
- Notice of the grievance process including any informal resolution process
- Notice of the allegations of potential sexual harassment including sufficient details, if known at the time (identities of the parties involved in the incident; conduct allegedly constituting sexual harassment; date and location of the alleged incident(s))
- A statement that the Respondent is presumed not responsible and that a determination regarding responsibility is made at the conclusion of the grievance process
- A statement that the parties may have an advisor of their choice who may be, but is not required to be, an attorney
- A statement that the parties may inspect and review the evidence as permitted by this policy and law after the investigation
- A statement that knowingly making false statements or knowingly submitting false information during the Title IX grievance process violates LECOM’s code of conduct.
Known parties will be provided notice of additional allegations being investigated not included in the initial notice.
VI. SEXUAL MISCONDUCT GRIEVANCE AND RESOLUTION PROCESS
A. Informal Resolution
Only after a formal complaint has been filed, the parties may decide to participate in an informal resolution process, however such participation may not be required. LECOM may facilitate an informal resolution process at any time prior to reaching a determination regarding responsibility. Informal resolution processes do not involve a full investigation and adjudication and may encompass a broad range of conflict resolution strategies, including, but not limited to, arbitration, mediation, or restorative justice.
At any time prior to agreeing to a resolution, any party may withdraw from the informal resolution process and resume the grievance process with respect to the formal complaint. The parties must provide voluntary written consent for an informal resolution process to proceed. In that event, the parties must be provided written notice disclosing the allegations and the requirements of the informal resolution process. No informal resolution process is available regarding allegations that an employee sexually harassed a student.
B. Participant Roles
The roles of complainant, respondent, parties, witness, and advisor are defined above in the Definitions section. All participants have the responsibility to be truthful with the information they share at all stages of the process. Any individual who knowingly or intentionally provides false information in any stage of the process may be subject to discipline. This provision does not apply to a good faith report that is not substantiated or proven by a preponderance of the evidence.
The decision-maker(s) cannot be the same person as the Title IX Coordinator or the investigator(s). The Title IX Coordinator may serve as the investigator.
C. Conflict of Interest
Parties have the opportunity to raise the issue to the Title IX Coordinator of a potential conflict of interest within two (2) days of being advised of the identity of the investigator(s) or decision-maker(s) and others on the resolution team, including appeals. No investigator, decision-maker, or others on the resolution team, including appeals, will make findings or determinations in a case in which they have a conflict of interest. The Title IX Coordinator or designee will determine whether a conflict of interest exists.
D. Burden of Proof
The burden of proof refers to who has the responsibility of showing a violation has occurred. It is always the responsibility of LECOM to satisfy the burden of proof. The Respondent does not have the burden to prove that a violation did not occur. Respondents may decide not to share their side of the story or may decide not to participate in an investigation or hearing. This does not shift the burden of proof away from LECOM and does not indicate responsibility. Additionally, there will not be an adverse inference against a Respondent for the Respondent’s refusal to participate in an investigation or hearing, nor will Respondent’s refusal to participate result in increased sanctions if the Respondent is found responsible for the accusations.
E. Standard of Proof
LECOM uses the preponderance of the evidence standard in investigations and adjudications of complaints alleging sexual misconduct and any related violations. This means that it is determined whether it is more likely than not that a violation of the policy occurred.
F. Timeline for Resolution
LECOM will resolve all cases in a reasonably prompt manner with the goal of conducting grievance processes fairly in a way that reaches reliable outcomes. The timeline may vary based on the circumstances of the case, including breaks in the academic calendar, availability of the parties and witnesses, scope of the investigation, need for interim actions, andunforeseen or exigent circumstances. The parties will be periodically updated on the status of their case.
Reasonable delays may be made for good cause. Good cause for short-term delays includes, but is not limited to, absence of the parties and/or witnesses due to reasonable causes, concurrent law enforcement activity, transportation needs for parties and/or witnesses, technology issues to troubleshoot to facilitate a live hearing, the need for language assistance or accommodation of disabilities, and the need to provide an advisor for a hearing.
While LECOM will attempt to accommodate the schedules of parties and witnesses throughout the grievance process in order to provide parties with a meaningful opportunity to exercise their rights under this policy, a grievance process can proceed to conclusion even in the absence of a party or witness.
G. Retaliation Prohibited
LECOM does not tolerate retaliation and will pursue actions against those who take retaliatory measures against reporters, witnesses, or parties. Neither LECOM nor any other person may intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by Title IX or because the individual made a report or complaint, testified, assisted, or participated or refused to participate in any manner in a Title IX investigation, proceeding, or hearing.
Retaliation includes intimidation, threats, coercion, or discrimination, including charges against an individual for code of conduct violations that do not involve sex discrimination or sexual harassment, but arise out of the same facts or circumstances as a report or complaint of sex discrimination, or a report or formal complaint of sexual harassment if the purpose is to interfere with any right or privilege secured by Title IX.
Complaints alleging retaliation may be filed according to the Title IX grievance procedures for sex discrimination. An individual may be charged with a code of conduct violation for making a materially false statement in bad faith in the course of a Title IX grievance proceeding, however a determination regarding responsibility is not sufficient alone to conclude that a party made a materially false statement in bad faith.
H. Investigation Process of a Formal Complaint
If it is appropriate and the parties choose and complete an informal resolution process there may be no formal investigation. If necessary, a full investigation will be promptly engaged. Such investigations will include interviews with the Complainant, Respondent, and relevant witnesses. In conducting the investigation, the manager of the investigation/resolution process may be assisted by other individuals, including special consultants engaged for the particular investigation. A thorough review of pertinent physical and documentary evidence will also occur. The evidence may include photographs, videos, electronic messages (including emails and text messages), social media postings, and any other relevant resources. The parties should be most scrupulous in preserving all evidence.
The parties are not granted the right to depose parties or witnesses, nor to invoke a court system’s subpoena powers to compel parties or witnesses to appear at hearings.
About the investigation process:
- A Complainant is not required to participate in the Title IX process or to provide any information to the Title IX Coordinator.
- LECOM may not access, consider, disclose, or otherwise use a party’s records that are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in the professional’s or paraprofessional’s capacity or assisting in that capacity and were made and maintained in connection with the provision of treatment to the party unless the party provides voluntary written consent to do so for a grievance process.
- Both parties must be given an equal opportunity to present fact and expert witnesses and other inculpatory and exculpatory evidence.
- Neither party should be restricted in the ability to discuss the allegations under investigation or to gather and present relevant evidence.
- Both parties must have the same opportunities, if any, to have others present during any meeting or grievance proceeding, including the opportunity to be accompanied to any related meeting or proceeding by the advisor of their choice, who may be, but is not required to be, an attorney.
- LECOM may establish restrictions regarding the extent to which the parties’ advisors may participate in the proceedings; such restrictions shall apply equally to both parties.
- Both parties must be given written notice of all hearings, investigative interviews, or other meetings at which they are invited or expected to attend with sufficient time to prepare. Notice must include the date, time, location, participants, and purpose.
- Both parties must be provided with an equal opportunity to inspect and review any evidence obtained in the investigation of the allegations raised in a formal complaint, including evidence LECOM does not intend to rely on in reaching a determination regarding responsibility. Such evidence includes inculpatory and exculpatory evidence. It includes evidence obtained from a party or other source.
- Non-participating Complainants must also be given the opportunity to inspect, review, and respond to the evidence.
- Prior to completion of the investigative report, both parties must be sent (including their advisor, if any), the evidence subject to inspection and review in an electronic format or a hard copy and given at least ten days to submit a written response. The investigator must consider such written responses prior to completion of the investigative report. This evidence must be available at any hearing so that it may be referred to or used for cross-examination.
- LECOM may impose on the parties and each party’s advisor restrictions or require a non-disclosure agreement (NDA) not to disseminate any of the evidence subject to inspection and review or use such evidence for any purpose unrelated to the Title IX grievance process, as long as doing so does not violate Title IX regulations or other applicable laws.
About the investigation report:
After the investigation and the parties have been given an opportunity to submit a response to the evidence they were able to inspect and review, the investigator will create an investigative report that summarizes the relevant evidence. The report must be sent at least ten days prior to a hearing or other time of determination regarding responsibility to each party and each party’s advisor, if any. The report must be sent in an electronic format or a hard copy for their review and written response.
All evidence summarized in the investigative report must be relevant. Evidence is relevant if it is probative of any material fact concerning the allegations, with exceptions. The investigator may redact from the investigative report information that is not relevant and also information protected by a legally recognized privilege, or treatment records for which there is no written consent to use. The investigative report may include facts and interview statements.
The investigator may include recommended findings or conclusions in the investigative report, however the decision-maker is under an independent obligation to objectively evaluate relevant evidence and cannot simply defer to the recommendations made by the investigator in the investigative report.
A single investigative report may be made in the context of a grievance process that involves multiple Complainants, multiple Respondents, or both.
Formal complaints not dismissed or resolved by informal resolution will proceed to a live hearing. Elements of the live hearing follow.
- Hearings are held live, however at the request of either party, the live hearing may occur with the parties located in separate rooms with technology enabling the decision maker(s) and parties to simultaneously see and hear the party or the witness answering questions.
- Parties’ advisors may represent parties during the entire live hearing.
- Parties must inform LECOM at least seven (7) days prior to a hearing whether the party intends to bring an advisor of choice to the hearing. If the party does not intend to bring an advisor of choice, LECOM will appoint an advisor for that party for the hearing.
- If a party appears at a hearing without an advisor and LECOM did not have the seven day advance notice to appoint an advisor for the party, the hearing will stop and may be rescheduled if necessary to permit LECOM to assign an advisor to that party to conduct cross-examination.
- Parties and advisors must participate respectfully and non-abusively during a hearing; this includes not yelling at the other party or others in the hearing. If a party’s advisor refuses to act in a respectful and non-abusive manner, LECOM may require the party to use a different advisor.
- LECOM may permit the parties’ advisors to make brief opening or closing statements.
- LECOM may make an opening or closing statement.
- LECOM may present evidence to the decision-maker which may be used by the decision-maker in reaching a determination regarding responsibility.
- The decision-maker has the right and responsibility to ask questions and elicit information from parties and witnesses on the decision-maker’s own initiative to aid the decision-maker in obtaining relevant evidence both inculpatory and exculpatory, and the parties also have an equal right to present evidence in front of the decision-maker so the decision-maker has the benefit of perceiving each party’s unique perspective about the evidence.
- At the live hearing, the decision-maker(s) must permit each party’s advisor to ask the other party and any witnesses relevant and follow-up questions, including to challenge credibility. Cross-examination must be conducted directly, orally, and in real time by the party’s advisor, but never by a party personally.
- Only relevant cross-examination and other questions may be asked of a party or witness. Before a question is answered by a party or witness, the decision-maker(s) must first determine whether the question is relevant and explain decisions to exclude a question as not relevant.
- In determining what evidence is relevant, a layperson’s determination that a question is not relevant is made by applying logic and common sense, but not against a backdrop of legal expertise.
- At a hearing, a decision-maker may find that a question is irrelevant because it is not probative of any material fact concerning the allegations.
- Where evidence is duplicative of other evidence, the decision-maker may deem the evidence not relevant.
- Information that is not relevant includes information protected by a legally recognized privilege and any party’s medical, psychological, and similar records unless the party has given voluntary written consent.
- Questions and evidence about the Complainant’s sexual predisposition or prior sexual behavior are not relevant unless such evidence is offered to prove that someone other than the Respondent committed the alleged conduct or if the questions and evidence concern specific incidents of the Complainant’s prior sexual behavior with respect to the Respondent and are offered to prove consent.
- Relevant evidence will not be excluded solely because such relevant evidence may be unduly prejudicial, concern prior bad acts, or constitute character evidence.
- Written questions may not be submitted for the purpose of ascertaining relevance prior to or during a hearing.
- The advisors may discuss the relevance determination with the decision-maker during the hearing, however there will be no challenging the relevance determination after receiving the decision-maker’s explanation during the hearing.
- Parties and witnesses may not waive a question.
- The decision-maker(s) cannot draw an inference about responsibility based solely on a party’s or witness’s absence from the live hearing or refusal to answer cross-examination or other questions.
- Where a grievance process is initiated because the Title IX Coordinator, and not the Complainant, signed the formal complaint, the Complainant who did not wish to initiate a grievance process remains under no obligation to then participate in the grievance process.
- LECOM will create an audio or audiovisual recording or transcript of any live hearing and make it available to the parties for inspection and review. LECOM is not obligated to send the parties a copy of the recording or transcript.
- The decision-maker(s) must issue a written determination regarding responsibility using the standard of evidence adopted, preponderance of the evidence.
- The decision-maker must objectively evaluate all relevant evidence, both inculpatory and exculpatory, and independently reach a determination regarding responsibility without giving deference to the investigative report.
- Admissible, relevant evidence must be evaluated for weight or credibility by the decision-maker.
- Credibility determinations are not based solely on observing demeanor, but also are based on other factors (e.g., specific details, inherent plausibility, internal consistency, corroborative evidence).
- The degree to which any inaccuracy, inconsistency, or implausibility in a narrative provided by a party or witness should affect a determination regarding responsibility is a matter to be decided by the decision-maker after having the opportunity to ask questions of parties and witnesses and observing how parties and witnesses answer the questions posed by the other party.
Possible remedies and disciplinary sanctions:
Upon a finding that the Respondent was responsible for the alleged actions constituting prohibited activities under this policy, the potential penalties range from remedies similar to supportive measures to probation, suspension, and dismissal from LECOM.
J. Decision-Maker’s Written Determination
The written determination must include:
- Identification of the allegations potentially constituting sexual harassment
- A description of the procedural steps taken from the receipt of the formal complaint through the determination. Include notifications to the parties, interviews with the parties and witnesses, site visits, methods used to gather other evidence, and hearings held.
- Findings of fact supporting the determination. The decision-maker must lay out the evidentiary basis for conclusions reached in the case.
- There is no requirement that the written determination address evaluation of contradictory facts, exculpatory evidence, “all evidence” presented at a hearing, or how credibility assessments were reached.
- Conclusions regarding the application of LECOM’s code of conduct to the facts
- A statement with the determination regarding responsibility for each allegation and the rationale for each such determination
- Disciplinary sanctions to be imposed on the Respondent
- Whether remedies designed to restore or preserve equal access to LECOM’s education program or activity will be provided to the Complainant, however the nature of the remedies provided to the Complainant should not appear in the written determination. Remedies which do not directly affect the Respondent must not be disclosed to the Respondent. The Title IX Coordinator is responsible for effective implementation of any remedies.
- Procedures and permissible bases for the Complainant and Respondent to appeal
The written determination must be provided to the parties simultaneously. The determination regarding responsibility is final either on the date that the written determination of the result of an appeal is provided to the parties, if an appeal is filed, or on the date when an appeal would no longer be considered timely.
If it is determined that a violation of the Title IX policy did not occur, but the reported behavior would violate a different LECOM policy such as the student code of conduct, the case may be referred for resolution as appropriate.
K. Right to Appeal
Both parties may appeal from a determination regarding responsibility and from a dismissal of a formal complaint or any allegations therein on these bases:
- Procedural irregularity that affected the outcome of the matter
- New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made that could affect the outcome of the matter
- The Title IX Coordinator, investigator(s), or decision-maker(s) had a conflict of interest or bias for or against Complainants or Respondents generally or the individual Complainant or Respondent that affected the outcome of the matter
The other party will be notified in writing when a party files an appeal and will be provided the appeal document. The other party may file a written statement in response to the appeal within seven (7) business days of the date the appealing party’s appeal was provided.
An appeal must be filed with the Title IX Coordinator within seven (7) business days of the date of the decision-maker’s written determination. The appeal must include an explanation of the basis of the appeal. The Title IX Coordinator will forward the appeal, the decision-maker’s written determination, and all other materials from the investigation and hearing to the President of LECOM for a final decision.
The President will review the materials provided using a preponderance of the evidence standard and will issue in a reasonably timely manner an Appeal Outcome Letter detailing the final decision and the rationale for the result, which may affirm, reverse or modify the determination of the decision-maker. The decision of the President is final. The written appeal decision will be simultaneously provided to both parties.
VII. RIGHTS AND RESPONSIBILITIES
- Reports and complaints have different meanings. An individual has a right to make a report of sexual misconduct toLECOM, which may be accompanied by request for supportive measures. An individual also has a right to make a complaint of sexual misconduct, which is a request to initiate LECOM’s informal resolution process or a formal disciplinary process, which includes an investigation and may proceed to a formal hearing.
- Prior to the conclusion of a sexual misconduct investigation, the reporting party may request to withdraw the complaint by contacting the Title IX Coordinator or designee in writing. He or she will determine whether to close thecase or conclude the investigation without the Complainant’s continued participation.
- An individual also has the right to report sexual misconduct to law enforcement, separate and apart from any report or complaint made to LECOM.
- At the time a report is made, the reporting party does not have to decide whether to file a complaint or make a report of sexual misconduct to law enforcement.
- An affected party has the right to request supportive measures from LECOM, which may include interim contactrestrictions.
- The reporting party has the right to seek medical treatment to address physical and mental health and to preserveevidence.
- A report may become a formal complaint, either initiated by the Complainant or the Title IX Coordinator.To file a formal complaint, please contact the Title IX Coordinator/designee.
VIII. CRIME VICTIM AND OTHER COUNSELING SERVICES
Erie, Pennsylvania Resources
Crime Victim Center of Erie County
24 hour hotline: (814) 455-9414
Safe Harbor Mental Health
24 hour Crisis Center: (814) 456-2014
Outpatient Clinic: (814) 459-9300
Safe Net Erie (domestic violence)
24 hour crisis hotline: (814) 454-8161
Main number: (814) 455-1774
Millcreek Community Hospital
Main hospital number: (814) 864-4031, ask for Behavioral Health
Stairways Behavioral Health
Physicians Health Programs (PHP; Pennsylvania)
(866) 747-2255 or (717) 558-7819
Secundum Artem Reaching Pharmacists with help (SARPh)
(800) 892-4484 or (610) 583-9884
Bradenton, Florida Resources
Centerstone Student Assistance Program
Centerstone Crisis Center
Bradenton- Hope Family Services, Inc.
Rape Crisis Hotline – Bradenton
Sarasota- Safe Place and Rape Crisis Center
24 hour hotline: (941) 365-1976
Bayside Center for Behavioral Health
Sarasota Memorial Hospital
24 hour clinical assessment: (941) 917-7760
Coastal Behavioral Health, Sarasota
24 hour Crisis Stabilization Unit: (941) 364-9355
Assessments: (941) 552-1950
DeFuniak Springs, Florida Resources
Shelter House, Domestic and Sexual Violence Center
Domestic Violence 24 hour hotline: (850) 863-4777 or (800) 442-2873
Sexual Assault 24 hour helpline: (850) 226-2027
Greensburg, Pennsylvania Resources
Rape Crisis Center (Pittsburgh Action against Rape)
24 hour helpline: (866) 363-7273
Westmoreland Mental Health Crisis Intervention Hotline
24 hour hotline: (800) 836-6010
Center for Victims of Violence and Crime
24 hour hotline: (866) 644-2882
Physicians Health Programs (PHP; Pennsylvania)
(866) 747-2255 or (717) 558-7819
Elmira, New York Resources
Family Services of Chemung County
Chemung County Crisis Program
New York State Domestic Violence Hotline
Sexual Assault Resource Center
Committee for Physicians Health (New York)
New York Students’ Bill of Rights**
All students have the right to:
- Make a report to local law enforcement and/or state police;
- Have disclosures of domestic violence, dating violence, stalking, and sexual assault treated seriously;
- Make a decision about whether or not to disclose a crime or violation and participate in the judicial or conduct process and/or criminal justice process free from pressure by the institution;
- Participate in a process that is fair, impartial, and provides adequate notice and a meaningful opportunity to be heard;
- Be treated with dignity and to receive from the institution courteous, fair, and respectful health care and counseling services, where available;
- Be free from any suggestion that the reporting individual is at fault when these crimes and violations are committed, or should have acted in a different manner to avoid such crimes or violations;
- Describe the incident to as few institution representatives as practicable and not be required to unnecessarily repeat a description of the incident;
- Be protected from retaliation by the institution, any student, the accused and/or the Respondent, and/or their friends, family and acquaintances within the jurisdiction of the institution;
- Access to at least one level of appeal of a determination;
- Be accompanied by an advisor of choice who may assist and advise a reporting individual, accused, or Respondent throughout the judicial or conduct process including during all meetings and hearings related to such process; and
- Exercise civil rights and practice of religion without interference by the investigative, criminal justice, or judicial or conduct process of the institution.
** Applicable to students enrolled at LECOM at Elmira.