Non-descrimination & Harassment Statement Sexual Misconduct, Sexual Harassment and Other Forms of Harassment
Nondiscrimination & Harassment Statement
The University of the Arts is committed to maintaining an environment in which students, faculty, and staff may pursue academic, artistic, and professional excellence. This environment can be secured only through mutual respect and unconstrained academic and professional interchange among faculty, staff, and students. Under the Civil Rights Act of 1964, Title IX of the Educational Amendments of 1972, other relevant local, state, and federal laws, and the University of the Arts policy, the faculty, staff, and students of the University are entitled to participate in and obtain the benefits of University programs, activities, and employment without being discriminated against on the basis of race, creed, color, ancestry, national origin, sex, pregnancy, age, religion, disability, sexual orientation, gender identity, marital status, or military status.
This policy includes the rights, policies, and procedures set forth in the University’s anti-harassment policy, set forth in Section 3.14 of the Faculty Handbook.
The University also strictly prohibits any form of retaliation or reprisal against anyone reporting allegations of harassment or discrimination, or cooperating in an investigation of such a report. Such retaliation shall be considered a serious violation of the University’s nondiscrimination policy and shall be punishable by discipline up to and including termination, regardless of whether the charge of discrimination is substantiated. However, if an employee, student, or faculty member is found to have intentionally lied about a claim of discrimination, or brought a claim in bad faith, knowing that the allegation of discrimination is false, then that employee, student, or faculty member may be subject to discipline or expulsion.
Examples of prohibited retaliation include: threatening reprisals against the person who complained or cooperated in an investigation; unfairly changing a person’s evaluations, assignments, grades, or working conditions; or otherwise continuing any harassment or discrimination against such person.
The University of the Arts gives equal consideration to all applicants for admission and financial aid, and conducts all educational programs, activities, and employment practice in accordance with the policy as stated above.
The University will promptly and equitably respond to all reports of discrimination and harassment based on protected classifications. Complaints of discrimination, harassment, and retaliation may be directed to the University’s Title IX Coordinator and Diversity Administrator, Lexi Morrison, at firstname.lastname@example.org or (215) 717-6362.
Sexual Misconduct, Sexual Harassment and Other Forms of Harassment
The University of the Arts is committed to maintaining an environment in which students, faculty and staff can pursue academic, artistic and professional excellence. Inappropriate workplace behavior and harassment create conditions that are wholly inconsistent with this commitment. Such an environment can be secured only through mutual respect and unconstrained academic and professional interchange among faculty, staff and students. Faculty, staff and students of the University are entitled to participate in and obtain the benefits of University programs, activities and employment without being discriminated against on the basis of: race, color, religion, sex, gender identity, national origin, age, mental or physical disability, veteran status, genetic information, the use of a guide or support animal because of the blindness, deafness or physical handicap of any individual or independent contractor, possession of a GED instead of a high school diploma and military status as defined by Pennsylvania law, sexual orientation, marital status, familial status and domestic/sexual violence victim status or any other prohibited factor.
The rights defined by this policy apply to all faculty, staff and students of the University, and the obligations are binding on all faculty and staff as part of their employment, regardless of tenure or years of service, and all students, regardless of academic status.
Academic Freedom and Freedom of Artistic Expression
This policy shall not impair the lawful exercise of free speech (including written, graphic, verbal or artistic expression) that serves legitimate educational or artistic purposes; shall not infringe upon legitimate teaching methods; and shall not restrict the academic or artistic freedom of the members of University of the Arts community.
Sexual Misconduct and Sexual Harassment Defined
The University regards any act of sexual misconduct, sexual harassment or other forms of harassment to be a violation of the standards of conduct required of all persons associated with the institution, including applicants for employment and third parties over whom the University has control. The prohibition against sexual harassment, sexual misconduct and other forms of harassment applies to all interactions occurring on campus, in University facilities, or within the context of University-related activities and applies regardless of the gender, gender identity or sexual orientation of the individuals involved.
For the purposes of this policy, sexual misconduct refers to a range of behaviors that include sexual harassment and all forms of non-consensual sexual activity. For purposes of this policy, the University prohibits the following specific forms of sexual misconduct: sexual harassment, sexual assault, sexual exploitation, intimate partner violence, stalking, and retaliation. These various forms of sexual misconduct are defined below.
For purposes of this policy, sexual assault is defined as having or attempting to have sexual intercourse or sexual contact with another individual without consent.
For purposes of this policy, sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal or physical conduct of a sexual nature when:
- submission to such conduct is either explicitly or implicitly made a term or condition of an individual’s employment, education, academic success, living environment, or participation in a University-related activity; or
- submission to or rejection of such conduct by an individual is used as the basis for or a factor in decisions affecting that individual’s employment, education, academic success, living environment, or participation in a University-related activity; or
- such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or educational performance or creating an intimidating, hostile or offensive environment for that individual’s employment, education, academic success, living environment or participation in a University-related activity.
Some examples of what may constitute sexual harassment are: threatening to take or taking actions, such as discharge, demotion or reassignment, if sexual favors are not granted; demands for sexual favors in exchange for favorable or preferential treatment; unwelcome and repeated flirtations, propositions or advances; unwelcome physical contact; whistling; leering; improper gestures; tricks; horseplay; use of stereotypes; offensive, insulting, derogatory or degrading remarks; unwelcome comments about appearance; sexual jokes or use of sexually explicit or offensive language; gender- or sex-based pranks; and the display of sexually suggestive objects or pictures. The above list of examples is not intended to be all-inclusive. Care should be taken in informal situations, including University functions, performances, exhibitions, and business trips.
For purposes of this policy, sexual exploitation is defined as an act or acts committed through non- consensual abuse or exploitation of another person’s sexuality for the purpose of sexual gratification, financial gain, personal benefit or advantage or any other non-legitimate purpose.
Examples include, but are not limited to: observing another individual’s nudity or sexual activity or allowing another to observe consensual sexual activity without the knowledge and consent of all parties involved; non-consensual streaming of images, photography, video, or audio recording of sexual activity or nudity, or distribution of such without the knowledge and consent of all parties involved; and inducing incapacitation for the purpose of making another person vulnerable to non-consensual sexual activity.
Domestic Violence/Dating Violence
For the purposes of this policy, 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. Dating Violence is defined as a pattern of abusive behavior in any relationship that is used by one partner to gain or maintain power and control over another intimate partner. Dating violence is committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim and the relationship shall be determined based on the reporting party’s statement with consideration of 1) length of the relationship, 2) type of relationship, 3) frequency of interaction between the persons involved in the relationship.
For purposes of this policy, stalking is defined as a course of conduct involving more than one instance of unwanted attention, harassment, physical or verbal contact, or any other course of conduct directed at an individual that could be reasonably regarded as likely to place that individual in fear of harm or injury, including physical, emotional, or physical harm. This includes cyber-stalking, a particular form of stalking in which electronic media such as the Internet, social networks, blogs, cellular phones, texts, or other similar devices or forms of contact are used to pursue, harass, or make unwelcome contact with another person.
Retaliation or reprisals of any kind against anyone reporting allegations of sexual misconduct, sexual harassment or other forms of harassment, or against anyone cooperating in an investigation of such a report, are strictly prohibited. Such retaliation shall be considered a serious violation of this policy and shall be punishable by discipline up to and including dismissal, regardless of whether the charge of sexual misconduct, sexual harassment or other form of harassment is substantiated. Examples of prohibited retaliation include: threatening reprisals against an individual who complained or cooperated in the investigation; unfairly changing the evaluations, assignments or working, studying or living conditions of such an individual; or otherwise continuing any sexual harassment, sexual misconduct or other form of harassment against such person.
If a faculty member, employee or student is found to have intentionally lied about a claim of sexual harassment, sexual misconduct or other form of harassment, or brought the claim in bad faith, knowing that the allegation is false, then that faculty member, employee or student may be subject to discipline up to and including termination or dismissal from the University.
For purposes of this policy, the following terms have the definitions provided below. Please note that some of these terms may be used in other contexts, as such in connection with concurrent legal proceedings, and that they may have different meanings in those contexts:
An individual who reportedly experienced sexual misconduct, regardless of whether that individual participates in the disclosure or review of that report by the University at any point.
For the purpose of this policy, consent is clear, voluntary and unambiguous communication indicating a willingness to engage in a particular activity. Consent may not be inferred from silence, passivity, lack of resistance or lack of active response. In the absence of an outward demonstration, consent does not exist. Consent can be withdrawn by either party at any point. Consent is not effective if it results from the use of physical force, threat of physical force, intimidation, coercion, incapacitation or any other factor that would eliminate an individual’s ability to exercise his or her own free will to choose whether or not to engage in a particular activity. Individuals are considered impaired and unable to give consent when intoxicated, of limited mental capability or other similar condition that interferes with reasonable judgment.
An individual who reports to the University a concern regarding possible sexual misconduct. A reporter need not be a complainant.
A University member or participant in a University program who is reported to have engaged in alleged sexual misconduct. This term also includes individuals whose identities are unknown if (a) there is reason to believe that they may be a University member or participant in a University program or (b) the complainant or reporter is a student.
An individual or individuals chosen by a complainant, respondent, reporter, or witness to provide support during the review of a report of possible sexual misconduct under this policy. The person(s) chosen may not already be directly involved in the investigative process (for example, as a complainant, respondent, witness, or reporter) and may not speak on behalf of the person they are supporting, but instead may be present only to provide assistance or advice to the individual they are supporting. An approved support person must be a member of the University of the Arts community and is not permitted to speak at the proceedings.
Title IX of the Education Amendments of 1972 (Title IX) (20 U.S.C. § 1681 et seq.; 34 C.F.R. Part 106) (as amended) is a federal law that prohibits sex-based discrimination, including sexual harassment and sexual assault, in education programs that receive federal financial assistance.
The Violence Against Women Reauthorization Act of 2013
The Violence Against Women Reauthorization Act requires colleges and universities “to strengthen institutional policies related to these crimes, provide greater support and accommodations for victims, and protect the rights of both parties (complainant and respondent) during institutional disciplinary proceedings (“Violence Against Women Act; Notice of Proposed Rulemaking,” 79 Federal Register 119 (20 June 2014), pp. 35422.
Other Forms of Harassment Defined
For purposes of this policy, other forms of harassment are defined as verbal or physical conduct that denigrates or shows hostility or aversion toward an individual because of his/her race, color, gender, age, religion, national origin, sexual orientation, disability, veteran status or any other characteristic protected by law, and that:
- creates an intimidating, hostile or offensive work or academic environment; or
- unreasonably interferes with an individual’s work or academic performance
Some examples of such harassment are: using epithets or slurs; mocking, ridiculing or mimicking another’s culture, accent, appearance or customs; threatening, intimidating or engaging in hostile or offensive acts that focus on any characteristic protected by law, including jokes or pranks; displaying on walls, bulletin boards or elsewhere on University premises, or circulating in the University community, of written or graphic material that denigrates or shows hostility or aversion toward a person or group because of any characteristic protected by law. The above list of examples is not intended to be all-inclusive.
In addition to the general prohibitions against sexual misconduct, sexual harassment and other forms of harassment of any type, the University imposes an obligation on its staff and faculty members with regard to their interactions with students. No employee may ask for a date, make a sexual advance to a student, or in any other way become romantically or sexually involved with a student. This rule is for the protection of students, employees and the University.
If a staff or faculty member has any doubt or question about whether his or her relationship with a student violates this policy, the employee should refrain from further interaction with the student and contact the appropriate Title IX Deputy Coordinator for advice.
A staff or faculty member may not in any way use his or her status as an employee to intimidate a student or advance a personal or sexual relationship.
Consensual romantic and/or sexual relationships between an employee with supervisory authority and any subordinate, including one not directly reporting to the supervisor, may compromise the University’s ability to enforce its policy against sexual harassment. Consequently, if such relationships arise, they will be considered carefully by the University, and appropriate action will be taken as needed. Such action may include a change in the responsibilities of the individuals involved in such relationships or transfer of location within the University to diminish or eliminate the supervisory relationship and workplace contact that may exist. Any supervisory employee involved in such a relationship is required to report the relationship to his or her supervisor, and to Human Resources.
Sexual activity and relationships between students of any gender, gender identity, or sexual orientation, must be based in mutual, voluntary, and unambiguous consent. The University’s Code of Student Conduct prohibits “conduct which threatens the physical or psychological health and/or safety of any person (including the person committing the act) or the sanctity of the campus, including, but not limited to physical or sexual assault” and includes rape, sexual assault, sexual harassment, dating violence, domestic violence, stalking, and hazing.
Communication, Privacy, and Confidentiality
This policy is part of the University’s overall commitment to open communication. The University encourages any employee or student with concerns about sexual harassment, sexual misconduct or other form of harassment, as well as campus community concerns of any nature (including, but not limited to, any alleged discrimination) to bring those concerns to the attention of a campus official.
Reports of sexual harassment, sexual misconduct or other forms of harassment will be kept as confidential as possible. Information about complaints and investigations will be shared only on a need- to-know basis. Campus representatives must balance requests for confidentiality by complainants who do not wish their names to be shared with respondents, or who do not wish to pursue formal investigation, with the responsibility to provide a non-discriminatory environment for all members of the campus community. At times, information identifying the individuals involved in an incident must be shared with responsible parties on campus. All employees of the University are considered responsible parties with the exception of individuals who have been identified as a confidential resource. All responsible parties are required to share reports of sexual harassment, sexual misconduct or other forms of harassment with the appropriate identified Title IX Deputy Coordinator or Title IX Coordinator.
Certain campus professionals are confidential resources who are not required to share reports of sexual harassment, sexual misconduct or other forms of harassment, unless the circumstances involve an imminent risk to individuals. These confidential resources include the counselors of the Counseling Center, staff of the Health Center, and pastoral and religious advisers of student organizations.
Reporting Sexual Misconduct
The University encourages all individuals to seek medical assistance immediately after an incident of sexual misconduct to address concerns about physical and emotional well-being.
The decision to report or not report an incident of sexual misconduct or assault is a personal one, and individuals are not expected or required to pursue a specific course of action or a specific timeline. An individual may choose to speak to a confidential resource, as outlined in the above section, make a report to the University, or report to the Philadelphia Police.
To report sexual assault to the police, contact the Philadelphia Police Department at 215-685-3251 or 3252. The investigating officer will explain the investigatory and legal processes that follow a report. The University encourages complainants to pursue criminal action for incidents of sexual harassment or misconduct that may also be crimes under Pennsylvania Law. The University will assist a complainant in making a criminal report and will cooperate with law enforcement agencies if a complainant decides to pursue the criminal process to the extent permitted by law.
If the respondent is a member of the University community or participant in a University program, complainants may report the incident to the University through the procedures detailed below.
Procedures for Reporting a Complaint of Sexual Misconduct, Sexual Harassment, or Other Forms of Harassment to the University
1. Title IX Coordinator and Deputy Coordinators
The University’s Title IX Coordinator monitors compliance with regulations concerning charges of sexual harassment, sexual misconduct or other forms of harassment; Deputy Coordinators investigate and address such allegations. Any student, staff or faculty member who has been the victim of sexual harassment, sexual misconduct or other form of harassment should promptly report, orally or in writing, the sexual harassment, sexual misconduct or other form of harassment to the appropriate Title IX Deputy Coordinator. The appropriate Title IX Deputy Coordinators are as follows:
- For charges of sexual harassment, sexual misconduct or other forms of harassment in which the complainant is a student, the Associate Dean of Students is the investigating Deputy Coordinator. Reports should be submitted to the Associate Dean of Students by calling (215) 717-6606.
- For charges in which the complainant is a faculty member, the Associate Provost is the investigating Deputy Coordinator. Reports should be submitted to the Associate Provost by calling (215) 717-6393.
- For charges in which the complainant is a staff member, the Associate Vice President for Human Resources is the investigating Deputy Coordinator. Reports should be submitted to the Associate Vice President for Human Resources by calling (215) 717-6366.
The Deputy Coordinators report complaints in aggregate to the University’s Title IX Coordinator, Connie Michaels (215-717-6260) and consult with the Title IX Coordinator for guidance as needed when investigating complaints.
As soon as a report is received, it will receive prompt and appropriate attention. If, for any reason, the individual is uncomfortable discussing such matters with the designated Deputy Coordinator, he or she should promptly report the matter to the Title IX Coordinator, or to another Deputy Coordinator. Failure to report the incident to a Title IX Deputy Coordinator restricts the University’s ability to investigate or resolve the issue.
2. Duty of Administrators, Faculty Members and Supervisors with Knowledge of Harassment
In the event that a complaint of sexual harassment, sexual misconduct or other form of harassment – formal or informal, written or oral, from an alleged victim or otherwise – is made to an administrator, faculty member or staff member other than those specifically identified above, that administrator, faculty member or staff member must: (a) inform the person making the complaint that the matter will be referred to the appropriate Title IX Deputy Coordinator; and (b) promptly report, either orally or in writing, such complaint to the designated Title IX Deputy Coordinator. Every University administrator, faculty member and staff supervisor has a duty to maintain a workplace/educational environment free of any form of sexual harassment, sexual misconduct or other form of harassment.
3. Investigation Process
In the event of any report, orally or in writing, of sexual harassment, sexual misconduct or other form of harassment, a prompt inquiry will be made to determine whether any sexual harassment, sexual misconduct or other form of harassment has occurred. If a preliminary inquiry into the matter by the Deputy Coordinator indicates there may be validity to the charges, then the University will promptly proceed with a formal, thorough and impartial investigation. If such a formal investigation proceeds, interviews and/or statements will be obtained by the Deputy Coordinator from all available involved parties, including the complainant, the respondent and witnesses, if any. At any time during the course of an investigation, the complainant, respondent, or any witnesses may provide a written statement, other supporting materials, or identify other potential witnesses, regarding the charge under review.
Throughout the process, any person participating in the process may have a support person present at any meeting related to the review of the reported sexual misconduct.
During the investigation, intermediate measures may be taken to ensure that further sexual harassment, sexual misconduct or other form of harassment does not occur. Such measures may include schedule changes, removal from specific courses or activities, removal from University housing, or suspension from the University. The investigator, upon completion of the factual investigation, will reach a conclusion as to whether sexual harassment, sexual misconduct or other form of harassment occurred. The investigator’s findings will be made using the preponderance of the evidence standard. This standard requires that the information supporting a finding of responsibility be more convincing than the information in opposition to it. Under this standard, individuals are presumed not to have engaged in sexual misconduct unless a preponderance of the evidence supports a finding that sexual misconduct occurred.
For matters where a student is the responding or complaining party, the process will follow the Conduct Review Process, as outlined in the Student Handbook. Based upon the factual investigation and conclusions, and any other information that becomes available, the Associate Dean of Students will reach a conclusion as to whether sexual harassment, sexual misconduct or other form of harassment occurred.
4. Remedial and Disciplinary Measures
If the investigating Title IX Deputy Coordinator finds, following an investigation or conduct review process, that sexual harassment, sexual misconduct or other form of harassment did occur, the University will take immediate steps to stop the sexual harassment, sexual misconduct or other form of harassment, implement appropriate corrective and disciplinary action, and initiate any necessary preventive measures to ensure the sexual harassment, sexual misconduct or other form of harassment does not occur again. Even if the University concludes that sexual harassment, sexual misconduct or other form of harassment did not occur, or that it is unable to determine one way or the other what occurred due to the lack of verifiable or credible evidence, the University may take disciplinary or preventive measures, such as training and monitoring, to ensure sexual harassment, sexual misconduct or other form of harassment does not occur in the future.
A written record of the complaint, any investigation and the resolution of the complaint will be kept in a confidential file by the Associate Vice President of Human Resources, who is the custodian of these records for all matters involving employees, or by the Dean of Students, who is the custodian of such records for all matters involving students. In matters involving both student(s) and employee(s), copies of such records will be maintained by both custodians. Any conclusion from the inquiry or investigation will be communicated to both the complainant and the respondent, stressing the confidentiality and anti-retaliation provisions outlined in this policy.
5. Further Review
If the complaining party or the responding party is not satisfied with the resolution of the matter, he or she may appeal to the Dean of Students for matters originating with a student; to the Vice President for Finance and Administration for matters originating with a staff member; or to the Provost for matters originating with a faculty member, within fourteen days of being informed of the proposed resolution. The complaining party and the named responding party have the right to appear before the designated University official. At the conclusion of any further review, the designated official shall either affirm the prior conclusion or take alternative action. A written determination will be issued, and both the complaining party and the responding party will be informed of this decision.
If the complaining party or the responding party believes that the response by the University is insufficient or inappropriate, he or she may file a complaint with the Title IX Coordinator, who will review whether these procedures have been properly followed and the University’s policies have been properly enforced. At the conclusion of this review by the Title IX Coordinator, he or she will make recommendations to the President, who shall either affirm the prior conclusion or determine alternative actions or accommodations. The decision of the President will be final. No further University review is available.
The sole exception to the foregoing procedure occurs in a case in which a tenured faculty member is recommended for dismissal due to sexual harassment, sexual misconduct or other form of harassment, and the President is in agreement with the recommendation. In such event, the President will instruct the Provost to initiate the procedures set forth in Section 1.11.2 of the Faculty Handbook relating to the dismissal of tenured faculty.
If a recommendation for dismissal is not upheld after exhaustion of the tenured faculty appeal process, the President shall nonetheless take remedial action, including discipline short of dismissal, which is reasonably calculated to prevent any future harassment. Such actions are not subject to further review.