Academic Policies & Procedures

Prohibited Conduct and Title IX Policies and Procedures

Overview of this Policy

Click here to fill out the Prohibitive Conduct and Title IX Policy and Reporting Form.

Critical to the fulfillment of its mission, St. Luke’s College of Health Sciences is committed to maintaining an environment founded on civility and respect. The College is committed to providing an educational environment free from sexual harassment, misconduct or discrimination. The College is also committed to fostering a community that promotes prompt reporting of all types of sexual misconduct, a timely response to such reports, and a prompt and equitable resolution of reports of sexual misconduct whether or not they result in a complaint.

Definitions

Complainant: An individual who is alleged to be the victim of conduct that could constitute Title IX Sexual Harassment or Sexual Misconduct.

Complaint: A written document signed by the Complainant or the Title IX Coordinator alleging conduct that if proven would constitute sexual harassment and contains a request for the College to investigate the allegation(s).

Respondent: An individual who has been reported to be the perpetrator of conduct that could constitute Title IX Sexual Harassment or Sexual Misconduct.

Consent: Consent represents the cornerstone of respectful and healthy intimate relationships. St. Luke’s College expects its faculty, staff and students to communicate openly, honestly, and clearly about their actions, wishes, and intentions when it comes to sexual behavior. Such communication must occur before engaging in intimate conduct. It is always the requirement of the individual initiating sexual contact to ensure that consent is present before acting and that consent is ongoing during sexual activity.

Capacity to Consent: Consent is not present when an individual does not have the capacity to give consent, voluntarily or involuntarily, due to age, physical condition, or disability that impairs the individual’s ability to give consent. Reasons why one could lack capacity to give consent due to a physical condition include, but are not limited to, consumption of drugs or alcohol (voluntarily or involuntarily) or being in a state of unconsciousness, sleep, or other state in which the person is unaware that sexual activity is occurring.

Discrimination: Prohibited discrimination is treating someone differently because of their race, color, religious creed, ancestry, age, sex, national origin, sexual orientation, gender identity, disability, genetic information, or any other protected characteristics as may be defined by applicable law.

Sexual Assault: An offense classified as a forcible or nonforcible sex offense involving penetration, fondling, or statutory rape.

Sexual Harassment: Conduct on the basis of sex that satisfies one or more of the following:

Quid Pro Quo: An individual conditioning the provision of an aid, benefit, or service of the College on an individual’s participation in unwelcome sexual conduct.
Hostile Environment: Unwelcome conduct on the basis of sex determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the College’s educational programs or activities.

Dating Violence: 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 consideration of the following factors:
1. the length of the relationship.
2. the type of relationship.
3. the frequency of interaction between the persons involved in the relationship.

Domestic Violence: Includes felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner.

Stalking: Engaging in a course of conduct directed at a specific person that would cause a reasonable person to:

fear for their safety or the safety of others; or
suffer substantial emotional distress.

Statements of Policy

Prohibition on Sexual Misconduct

This Policy is designed to protect the rights of all members of the College community and to promote and further a safe environment where the College’s education programs and/or activities are provided free from sex discrimination. All members of the College have a responsibility to support and assist with the College in fostering and maintaining this environment.

The College strongly encourages prompt reporting of all types of sexual misconduct and is committed to making a timely response and a prompt and equitable resolution of reports of sexual misconduct.

Prohibition on Retaliation

Retaliation against any person for filing, supporting, or providing information in good faith in connection with either a report of sexual misconduct or a complaint, or for refusing to participate in an investigation or hearing is prohibited.

Prohibition on Providing False Information

Any individual who knowingly files a false report or complaint under this policy or who knowingly makes a materially false statement in bad faith in the course of proceedings under this Policy may be subject to disciplinary action.

Equitable Treatment

Upon receipt of a report of sexual misconduct, the College will treat the complainant and respondent(s) equitably by offering supportive measures and by following the Grievance Procedures, if a complaint is filed, before imposing disciplinary sanctions or taking other actions which do not constitute supportive measures toward the respondent. Supportive measures will be made available to a complainant, whether or not a complaint is filed.

Supportive Measures

When the Title IX Coordinator receives a report of possible prohibitive conduct, they will contact the Complainant to (1) discuss availability of supportive measures and (2) explain that supportive measures are available with or without filing a formal complaint. The Title IX Coordinator also may contact a known respondent, as appropriate. Supportive measures are individualized services, accommodations, and other assistance that the College offers and may put in place, without fee or charge. Supportive measures are designed to restore or preserve equal access to the College’s programs and activities, protect the safety of all parties and the College’s educational environment, and/or deter prohibited conduct, without being punitive or disciplinary in nature or unreasonably burdening the other party.

Examples of Supportive Measures may include:

Assistance from College support staff in completing an office relocation
Assistance with or rescheduling an academic assignment (paper, exams, etc.) or otherwise implementing academic assistance
Changes to work schedules
Changes in reporting structure (for employees)
Taking an incomplete in a class
Restrictions on contact between parties

The College will maintain the confidentiality of supportive measures provided to the complainant or respondent to the extent that doing so will not impair the College’s ability to provide supportive measures.

Confidentiality

The College will respect and will make every feasible effort to preserve the confidentiality of the information shared by and the identities of the individuals who made the report of sexual misconduct, any Complainant, any person reported to be a perpetrator of sexual misconduct, any respondent, and any witness, except as permitted by FERPA. However, nothing shall prevent the Title IX Coordinator or other designee from disclosing or using the information as permitted by Title IX and its implementing regulations.

Formal Process for Addressing Reports and Formal Complaints Under This Policy

The College uses the following procedures to address allegations of prohibited conduct. At all times, it is within the College’s discretion to determine which policies and procedures apply and under which policy or procedures action may be taken.

Coordination

Any student or employee who wishes to report prohibited conduct should contact the Director of Student Services. A report can be made by any means: in person, by phone, by mail or email, electronic via the Prohibited Conduct and Title IX Reporting Form, or anonymously. When the report contains information defined in Title IX or VAWA, including sexual assault, sexual harassment, dating violence, domestic violence, stalking, and any other acts of discrimination or violence when committed against individuals because of their known or perceived national origin, ethnicity, gender identity, gender presentation, or sexual orientation, the Director of Student Services shall immediately notify and forward the report to the Title IX Coordinator for further action.

When an anonymous report is filed, the level of detail or identifying information regarding the alleged misconduct will determine the College’s ability to respond to the report and thoroughly investigate the matter.

Title IX Coordinator. The College’s Title IX Coordinator is Jeane Csencsits, who may be contacted during business hours by email at Csencsits@sluhn.org. In addition to overseeing the prompt, fair, and impartial investigation and resolution of all complaints, Ms. Csencsits will be responsible for overseeing the implementation of supportive measures.

Initial Meeting with Complainant after Report

As soon as it is practicable after receipt of a report of prohibited conduct, either the Title IX Coordinator or designee will contact the complainant (if the person is identified) to schedule an initial meeting. If the Complainant is not the person who reported the alleged misconduct, the Title IX Coordinator will attempt to meet as soon as possible with the person who made the report to gather information from that person. In arranging the initial meeting, the Complainant will be advised of the right to be accompanied by a designated advisor, if desired.

Notice of Allegations

At the onset of the investigation, the parties shall be provided with a written notice of allegations which includes the following: (1) a copy of the College’s grievance process as outlined in this policy; (2) a statement that the parties are entitled designated advisor; (3) a statement that the Responding Party is presumed not responsible for the alleged conduct; (4) a statement that the parties may inspect and review evidence; and (5) notice of any provisions in the Code of Conduct that prohibits knowingly making false statements or knowingly submitting false information during the grievance process.

If, in the course of an investigation, the College decides to investigate allegations concerning the parties that are not included in the notice provided within this section, the College must provide notice of the additional allegations to the parties whose identities are known.

Investigation

Initial Assessment: When alleged prohibited conduct is first reported to the Title IX Coordinator, the Title IX Coordinator will:

Assess the nature and circumstances of the report – including whether the names and/or other personally identifying information for the Complainant, Respondent, any witnesses, and/or any other individual with knowledge was provided – to facilitate follow-up; and
Assess the nature of the allegations to identify the grievance process or resolution options that might be available.

Where the Title IX Coordinator determines that this Policy does not apply, such as when the Report does not describe possible prohibited conduct, the Title IX Coordinator may refer the Report to another College office or process for resolution.

Intake: After receiving a report of possible prohibited conduct, the Title IX Coordinator will promptly contact the Complainant, if one is identified or identifiable, to (1) discuss the availability of Supportive Measures; (2) ask about the Complainant’s wishes with respect to Supportive Measures; (3) explain that Supportive Measures are available with or without the filing of a Formal Complaint; and (4) explain how to file a formal complaint.

The Title IX Coordinator will also provide the Complainant with a written explanation of available resources, options, and other important Policy information, including the following:

Support and assistance available through College and community resources, including the Complainant’s option to seek Supportive Measures regardless of whether they choose to participate in a College investigation;
The Complainant’s option to seek medical treatment and information on preserving potentially key forensic evidence and/or other potential evidence;
The process for filing a Formal Complaint;
The College’s procedural and grievance options, including formal investigative resolution and informal resolution, if available;
The Complainant’s right to a designated advisor;
The College’s prohibition of Retaliation against the Complainant, the Respondent, the witnesses, and the reporting parties; how to report acts of Retaliation; and confirmation that the College will take prompt action when Retaliation is reported;
The opportunity to discuss with the Title IX Coordinator or designee the Complainant’s resources, rights, and options;
A copy or link to this Policy; and
An explanation that parties and witnesses are prohibited from knowingly making false statements or knowingly submitting false information during the grievance process.

If a Formal Complaint is filed, the Title IX Coordinator will provide the Respondent with Notice of Allegations that will include a written explanation of available resources, options, and other Policy information. The Notice of Allegations will include:

Notice of the allegations potentially constituting prohibited conduct, including the identities of the parties (if known), the date and location of the alleged incident (if known), and potential Policy violations;
Notice that a determination regarding responsibility is made at the conclusion of the proceeding and the Respondent is presumed not responsible for the alleged prohibited conduct prior to the determination;
Support and assistance available through the College and community resources (as described previously);
The Respondent’s right to a designated advisor;
The College’s prohibition of retaliation against the Complainant, the Respondent, the witnesses, and the reporting parties, how to report acts of retaliation, and that the College will take prompt action when retaliation is reported;
The opportunity to discuss with the Title IX Coordinator the Respondent’s resources, rights, and options;
A copy or link to this Policy; and
An explanation that parties and witnesses are prohibited from knowingly making false statements or knowingly submitting false information during the grievance process.

The Complainant will also receive a copy of the Notice of Allegations.

The Title IX Coordinator will send the Notice of Allegations to the parties as soon as practicable, and usually within 10 business days of receipt of the Formal Complaint. The Notice will be sent to a party’s institutional email account if they are a student or employee, and by other reasonable means if they are neither.

Resolution Options Following an Initial Assessment

Upon completion of an initial assessment of a matter, the Title IX Coordinator will undertake one of the following actions, with the understanding that as a matter progresses, the action warranted can change.

Matters Involving a Formal Complaint

If a Formal Complaint alleging behavior that could constitute prohibited conduct is filed, the Title IX Coordinator will initiate the grievance process, which includes both the formal resolution and informal resolution options, as described here:

Formal Resolution Process: This process generally results in a written investigative report containing a summary of the relevant evidence, a hearing that results in a finding and, if appropriate, sanctions and remedies, and an appeal process. The College will strive to complete the formal resolution process expeditiously, but at a minimum of sixty (60) days of the filing of the Formal Complaint. The parties will be provided with updates on the progress of the formal resolution process, as needed, and will be alerted, in writing, if the process will go beyond the timeframe.
Informal Resolution: Informal resolution includes a spectrum of facilitated, structured, and adaptable processes that seek to identify and meet the needs of the Complainant while providing an opportunity for the Respondent to acknowledge harm and seek to repair the harm (to the extent possible) experienced by the Complainant and/or the College community. Informal resolution does not include an investigation, hearing, or formal disciplinary action against a Respondent. However, remedies may include any appropriate and reasonable educational, restorative, and accountability-focused measures as agreed to by the parties and approved by the Title IX Coordinator. The College will strive to complete the informal resolution process within thirty (30) days of when it commenced. Informal resolution may only be commenced for those matters where a Formal Complaint has been filed.

Timelines

The Title IX Coordinator has the authority to extend the timelines/timeframes identified in this Policy for good cause. Good cause may include, but is not limited to, considerations such as the absence of a party, a party’s advisor, or a witness; travel and unavailability; or the need for language assistance or accommodation of a disability. In the case of such an extension, the Title IX Coordinator will notify the affected parties of the extension, including the reason(s) for the extension.

Advisor

Throughout the process, a Complainant or Respondent may have an advisor designated by the College. An advisor is an individual who will support and guide them during the investigation process, ensuring that all parties have a clear understanding of the investigation process. The advisor may not be an attorney and does not act in the capacity of an attorney.

Written Notice Regarding Outcome and, if Applicable, Sanctions / Remedies

After a determination regarding responsibility and, if applicable, a determination regarding appropriate remedies and/or sanctions has been made, the Complainant and Respondent will receive a simultaneous written notification including he decision regarding responsibility and, as applicable, any remedies and sanctions. The written notice of this determination, which will be prepared by the Title IX Coordinator, will include the following:

Identification of the allegations potentially constituting Title IX or other prohibited conduct;
A description of the procedural steps taken from the receipt of the Formal Complaint with parties and witnesses, interviews, methods used to gather other evidence, and hearings held;
Findings of fact supporting the determination;
Conclusions regarding the application of this Policy to the facts:
A statement of, and rationale for, the results as to each allegation, including a determination regarding responsibility, any disciplinary sanctions the College imposes on the Respondent, and whether remedies designed to restore or preserve equal access to the College’s programs or activities will be provided by the College to the Complainant; and
The College’s procedures and permissible bases for the Complainant and Respondent to appeal.

Absent extenuating circumstances, the written notification of outcome will be issued as soon as possible after the completion of the hearing, but no longer than twenty (20) business days after completion of the hearing.

The written notification of outcome becomes final five (5) business days after it is sent to the Parties, unless an appeal is filed on or before that day.