Jun 23, 2024  
2023-2024 University Catalog 
    
2023-2024 University Catalog

Sex- and Gender-Based Misconduct


I. Purpose & Scope of Policy

The U.S. Department of Education is expected to announce new rules in October 2023 involving Title IX and Sexual Harassment, which may require changes to this Policy for the Spring 2024 semester. This Policy may be revised at any time. All changes will be effective when posted to the University’s website.

University of the Arts (“the University” or “UArts”) is committed to creating and maintaining a workplace and educational environment free from acts of acts of sexual harassment, sexual assault, sexual violence, dating violence, domestic violence, stalking and other forms of sex-based misconduct. To affirm its commitment to promoting the goals of safety and respect in all aspects of educational programs and activities, and in compliance with federal law, the University has developed internal policies and procedures that provide a prompt, thorough and impartial process for those involved in allegations of sexual harassment and other forms of sex-based misconduct. The University values and upholds the equal dignity of all members of its community and strives to balance the rights of the parties in the grievance process. This Policy does not cover all forms of sexual misconduct, only those which fall within the guidelines set forth by Title IX of the Higher Education Amendments of 1972 (“Title IX”).

The Policy prohibits sexual misconduct where 

  1. the conduct is alleged to have occurred in the United States; and

  2. the conduct is alleged to have occurred in the education program or activity of the University of the Arts, where the University has control over both the program and the alleged harasser; and

  3. the alleged conduct, if true, would constitute covered Sexual Harassment or Misconduct as defined in this Policy; and

  4. the Complainant was participating in or attempting to participate in the University’s educational program at the time of the complaint.

If the conduct alleged does not meet the jurisdictional requirements above, it will be resolved under the Discrimination, Harassment and Misconduct Policy or any other applicable University Policy. 

When a report of sexual misconduct is received, the Title IX Coordinator will assess the involved person’s relationship with UArts, as well as the type, location and context of the reported conduct to determine whether it should be addressed by this Policy.  Regardless of the process applied, the Title IX Coordinator will implement all reasonable and appropriate supportive and responsive measures to address prohibited conduct under this Policy.  

Reports that do not meet the definition of Sexual Misconduct under this Policy may be addressed through other UArts Policies which may apply, including the Discrimination, Harassment and Misconduct Policy, the Student Conduct Process or staff or faculty disciplinary processes through Human Resources.

This Policy and the Procedures apply equally to all members of the UArts community regardless of sex, gender, marital status, pregnancy, race, color, ethnicity, national origin, immigration status, age, disability, religion, sexual orientation, gender identity or expression, military status, veteran status, or other legally protected characteristic.

A. Title IX Coordinator

The University’s Title IX Coordinator oversees the University policies relating to equal opportunity, harassment and nondiscrimination, including Sexual Misconduct, as addressed by this Policy. The Title IX Coordinator is responsible for coordinating the University’s efforts related to the intake, investigation, resolution and implementation of supportive measures to stop, remediate and prevent Sexual Misconduct prohibited under this Policy. To contact the University’s Title IX Coordinator, email titleix@uarts.edu or visit uarts.edu/titleix.

The Title IX Coordinator acts with independence and authority free from bias and conflicts of interest. The Title IX Coordinator oversees all resolutions under this Policy and these procedures. University employees involved in the grievance process under this Policy are vetted and trained to ensure they are not biased for or against any party in a specific case, or for or against Complainants and/or Respondents, generally.

To raise any concern involving bias, conflict of interest, misconduct or discrimination by the Title IX Coordinator, contact the University of the Arts President at president@uarts.edu. Concerns of bias or a potential conflict of interest by any other University of the Arts employee involved in the Title IX process should be raised with the Title IX Coordinator at titleix@uarts.edu.

Reports of alleged misconduct or discrimination committed by any other employee involved in the Title IX process should be reported to the Title IX Coordinator at titleix@uarts.edu.

The University has determined that the following administrators are Officials with Authority to address and correct Title IX matters. Formal Complaints or notice of alleged Policy violations, or inquiries about or concerns regarding this Policy and procedures, may be made internally to

  • Title IX Coordinator Diana L. Moro, JD

    • Hamilton Hall, Room 151

    • 320 S. Broad St., Philadelphia, PA 19102

    • 215-717-6362

    • titleix@uarts.edu

  • Associate Vice President for Student Affairs and Deputy Title IX Coordinator for Students Sara Pyle

    • Student Center, Room 309

    • 401 S. Broad St.

    • Philadelphia, PA 19102

    • 215-717-6627

    • spyle@uarts.edu

  • Chief of Staff and Interim Deputy Title IX Coordinator for Employees Franklyn Cantor

    • Hamilton Hall, Room 110

    • 320 S. Broad St.

    • Philadelphia, PA 19102

    • 215-717-6023

    • fcantor@uarts.edu

  • President Kerry Walk, Ph.D.

    • Hamilton Hall, Room 110

    • 320 S. Broad St.

    • Philadelphia, PA 19102

    • 215-717-6380

    • president@uarts.edu

 

B. Campus & Community Resources

UArts is committed to treating all individuals with dignity, care and respect. A ComplainantRespondent or any other individual impacted by a report of conduct prohibited under this Policy will have equal access to support, resources and counseling services through the University. We encourage community members to seek the support of campus and community resources. 

IF YOU ARE IN PHYSICAL DANGER OR IT IS AN EMERGENCY, DIAL 911, AND THEN CALL PUBLIC SAFETY AT 215-717-6666.

You may also make a report directly to a University Public Safety Officer (PSO). Public Safety Officers are stationed in University buildings. When a PSO receives a report of sexual misconduct, they will notify the Professional On-Duty (POD) staff member, who is trained to inform reporting parties of the options and resources available.

Exhibit “A” lists the External Resources for inquiries about the handling of matters under this Policy.

Exhibit “B” lists Medical Resources available to anyone affected by Sexual Misconduct.

Those who have experienced sexual misconduct prohibited by this Policy are strongly encouraged to seek medical treatment. A medical provider can provide emergency and/or followup medical services, and the opportunity to discuss any healthcare concerns in a confidential medical setting. A medical exam following a sexual assault has two goals.

  • first, to diagnose and treat the full extent of any injury or physical effect (sexually transmitted infection, pregnancy or physical injury) and 

  • second, to properly collect and preserve evidence. 

There is a limited window of time (typically 72 to 96 hours) following an incident of sexual assault to preserve physical and other forms of evidence.

Exhibit “C” lists Confidential Resources for those affected by Sexual Misconduct.

References made to confidentiality refer to the ability of identified confidential resources to not report crimes and violations to law enforcement or college officials without permission, except for extreme circumstances, such as a health and/or safety emergency or child abuse. 

References made to privacy mean University offices and employees who cannot guarantee confidentiality but will maintain privacy to the greatest extent possible, and information disclosed will be relayed only as necessary to investigate and/or seek a resolution and to notify the Title IX Coordinator or designee, who is responsible for tracking patterns and spotting systemic issues. 

C. Mandated Reporting

All University employees (faculty, staff and administrators) are expected to report actual or suspected sexual misconduct to appropriate officials immediately, though there are some limited exceptions. 

In order to make informed choices, it is important to be aware of confidentiality and mandatory reporting requirements when consulting campus resources. On campus, some resources may maintain confidentiality and are not required to report actual or suspected discrimination or harassment. They may offer options and resources without any obligation to inform an outside agency or campus official unless a Complainant has requested the information be shared. Confidential resources are listed in Exhibit “C.”

D. Supportive Measures

Supportive measures are non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the ComplainantRespondent or witnesses before or after the filing of a Formal Complaint or where no Formal Complaint has been filed. These measures are designed to restore or preserve equal access to the University’s education program or activity without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the University community, or deter further acts of harmful behavior. 

The University will maintain the privacy of the supportive measures, provided that privacy does not impair the University’s ability to provide the supportive measures. The University will act to ensure as minimal an academic impact on the parties as possible, and will implement measures in a way that does not unreasonably burden the other party. 

Supportive measures may include, but are not limited to

  • referral to medical and mental health services, including counseling;

  • referral to the Employee Assistance Program;

  • academic accommodations;

  • Public Safety escort services;

  • No Contact Directives (mutual restrictions on contact between the parties);

  • leaves of absence;

  • changes in campus housing or assistance in finding alternative housing;

  • assistance in arranging for alternative University employment arrangements and/or changing work schedules;

  • student financial aid counseling;

  • safety planning;

  • Persona Non Grata orders;

  • transportation accommodations; 

  • visa/immigration services (phila.gov/departments/office-of-immigrant-affairs/); or

  • assistance in identifying additional resources including off-campus and community advocacy, support and services.

The University may provide supportive measures regardless of whether a Formal Complaint is made once a report is received. Supportive measures may be requested by Complainants, Respondents or witnesses. The University determines which measures are most appropriate on a case-by-case basis. 

E. Emergency Removal

The University may determine that it is necessary to remove a Respondent from the University on an emergency basis, if the Respondent poses an immediate threat to the physical health or safety of any student or other individual in the University community, based on the specific allegations raised under this Policy. This risk analysis is performed by the Title IX Coordinator in conjunction with the appropriate University administrators, including but not limited to the Associate Vice President for Human Resources, the Associate Vice President for Student Affairs, and/or the Director for Security and Public Safety. 

In all cases in which an emergency removal is imposed, the student or employee will be notified of the action and provided with an opportunity to challenge the decision following the removal, and be given the option to meet with the Title IX Coordinator and other appropriate University administrators prior to such action/removal being imposed, or as soon thereafter as reasonably possible, to show cause why the action/removal should not be implemented or should be modified. This meeting is not a hearing on the merits of the allegation(s), but rather is an administrative process intended to determine solely whether the emergency removal is appropriate. When this meeting is not requested in a timely manner, objections to the emergency removal will be deemed waived. A Complainant and their Advisor may be permitted to participate in this meeting if the Title IX Coordinator determines it equitable to do so. 

Respondent may be accompanied by an Advisor of their choice when meeting with the Title IX Coordinator and other appropriate University administrator for the meeting regarding any emergency removal. The Respondent will be given access to a written summary of the basis for the emergency removal prior to the meeting to allow for adequate preparation. 

The Title IX Coordinator has sole discretion under this policy to implement or stay an emergency removal and to determine the conditions and duration. Violation of an emergency removal under this Policy will be grounds for discipline, which may include expulsion or termination. 

The University will implement the least restrictive emergency actions possible in light of the circumstances and safety concerns. At the discretion of the Title IX Coordinator, alternative coursework options may be pursued to ensure as minimal an academic impact as possible on the parties.

The University reserves the right to place a non-student employee respondent on administrative leave even if the emergency removal provision does not apply.

F. Amnesty

The University encourages reporting and seeks to remove any barriers to reporting by making the procedures for reporting transparent and straightforward. The University recognizes that an individual who has been drinking or using drugs at the time of the incident may be hesitant to make a report or provide information in connection with an investigation under this Policy because of the perceived potential for disciplinary consequences for their own conduct.  When information is uncovered through the Title IX investigative process that involves alcohol or drug usage in violation of the Student Code of Conduct, this information will not be used to pursue any disciplinary action for alcohol or drug use, provided that any such violations did not and/or do not place the health or safety of any other person at risk. The University may, however, initiate an educational discussion or pursue other educational remedies regarding alcohol or other drugs.

Student health and safety are of primary concern of the University. As such, in cases of significant intoxication as a result of alcohol or other substance abuse, we encourage individuals to seek medical assistance for themselves or others. See the Medical Amnesty Policy in the Student Handbook for more information.

G. Reports Involving Minor Children

For purposes of this Policy and relevant law, a minor child is defined as an individual under the age of 18. Any University employee who has reasonable cause to suspect abuse of a minor child whom the employee has come into contact with during the course of employment must make a report to the Title IX Coordinator, who will facilitate a report to local law enforcement and the Pennsylvania Department of Public Welfare division of Child Welfare Services. This requirement applies to an employee’s suspicion of past or present abuse of a minor child at the time of the report. All other members of the University community (students, visitors, guests, etc.) are strongly encouraged to report whenever child abuse is suspected.

In the interest of protecting the safety and welfare of a minor child, any uncertainty about whether reporting is required or whether abuse has actually occurred should always be resolved in favor of making a report. Do not investigate, attempt to obtain proof or try to solicit information from the child. This responsibility lies with the Pennsylvania Department of Human Services. If the child is in immediate danger, call 911 immediately.

Employees must submit a report of suspected child abuse directly to the Pennsylvania Department of Human Services by submitting an online report (preferred method) to the Pennsylvania Department of Human Services at compass.state.pa.us/cwis or calling Pennsylvania’s Child Line at 800-932-0313 (alternative method). Note: If you call Childline, you must also submit a written report within 48 hours. Once an employee submits a report to the Pennsylvania Department of Human Services, they must then notify the University’s Title IX Coordinator by calling 215-717-6362 or emailing titleix@uarts.edu.

II. Definitions

Advisor: A person chosen by a party to accompany them to meetings related to the resolution process, to advise the party on that process, and to conduct cross-examination for the party at the hearing, if any. Both the Complainant and Respondent are entitled to have an Advisor in the event of a live hearing. If a party does not identify their own Advisor, UArts will provide an Advisor to the party without fee or charge in the event of a live hearing. The Advisor may be, but is not required to be, an attorney. The Advisor also may be, but is not required to be, an individual whom a party has selected as a personal or legal supporter. Parties may choose to have a support person in addition to their Advisor.

Anonymous Reports: Reports of sexual misconduct filed with UArts, including the Title IX Coordinator, may be filed anonymously, meaning that the reporter files the report without identifying themself. Anonymous reporters are encouraged to speak with the Title IX Coordinator prior to filing a report to understand the potential limitations for an investigation being conducted based on an anonymous report. Anonymous reporters are cautioned not to share details of the report with the Title IX Coordinator in the course of discussing the anonymous reporting process. Anonymous Reports may be made through Ethicspoint

Coercion: Coercion is verbal and/or physical conduct used to compel another individual to engage in sexual activity against their will. Coercion may include a wide range of behaviors, including manipulation, abuse of trust or power, intimidation, or express or implied threats of physical or emotional harm. 

Complainant: Complainant refers to an individual who is alleged to be the victim of conduct that could constitute Sexual Misconduct or Sexual Harassment, whether reported by the alleged victim or a third party under this Policy.

Confidential Resources: A Confidential Resource is a formal designation given to certain employees and departments who are exempt from any Mandated Reporter obligations under this Policy. Confidential Resources are not required to report sexual misconduct. Confidential Resources include mental health providers and staff, healthcare providers and staff, pastoral counselors and staff, and any other persons who have a legal obligation to protect confidentiality when acting in a professional capacity unless there is an imminent threat to health or safety, or other basis for disclosure pursuant to law, such as mandatory abuse reporting. Individuals may ask Confidential Resources to describe any exceptions to confidentiality at the beginning of their conversation. UArts on-campus Confident Resources are listed in Appendix C.

Consent: Consent is an affirmative, voluntary and clear communication indicating a willingness to engage in a mutually agreed upon sexual activity. Consent may not be inferred from silence, passivity, lack of resistance or lack of active response. Consent cannot be obtained through the use of coercion or force or by taking advantage of the incapacitation of another person. Consent to engage in sexual activity may be withdrawn by any party at any time. Withdrawal of consent must also be outwardly demonstrated by words and/or actions that indicate a desire to end sexual activity. Withdrawal of consent may in some cases be demonstrated through nonverbal conduct alone. Once withdrawal of consent has been clearly expressed, sexual activity must reasonably cease. A previous sexual relationship and/or current relationship with a partner, do not, by themselves, imply consent.

Dating ViolenceThe term dating violence means violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the Complainant. The existence of such a relationship shall be determined based on the reporting party’s statement and with consideration of the length of the relationship, the type of relationship and the frequency of interaction between the persons involved in the relationship. Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse, but excludes acts covered under domestic violence.

Discriminatory HarassmentUnwelcome conduct based on a person’s actual or perceived sex and such conduct unreasonably interferes with, limits or effectively denies an individual’s educational or employment access, benefits or opportunities by creating a hostile environment. A hostile environment is one that is severe, pervasive and objectively offensive. The University does not tolerate discriminatory harassment of any employee, student, visitor or guest, and the University will act to remedy all forms of harassment when reported, whether or not the harassment rises to the level of creating a “hostile environment” under this section. 

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

Force: Force is the use or threat of physical violence or intimidation to overcome an individual’s free will to choose whether or not to consent to engage in sexual activity.

Formal ComplaintA Formal Complaint means a document filed by a Complainant or signed by the Title IX Coordinator alleging Title IX Sexual Misconduct against a Respondent and requesting that University of the Arts investigate the allegation(s). A Formal Complaint may be filed with the Title IX Coordinator in person, by mail, electronic mail or online form, as provided below. A “document filed by a Complainant” means a document or electronic submission (such as by electronic mail or through an online portal provided for this purpose by UArts) that contains the Complainant’s physical or digital signature, or otherwise indicates that the Complainant is the person filing the Formal Complaint. At the time of filing a Formal Complaint, the Complainant must be participating in or attempting to participate in the educational program or activity or employment at the University.

Incapacitation: Incapacitation is a state in which an individual is unable to make an informed and rational decision to engage in sexual activity because the person lacks conscious awareness of the nature of the act or is physically helpless. Engaging in sexual activity with an individual whom one knows, or based on the circumstances should reasonably know, to be mentally or physically incapacitated constitutes a violation of this policy. Incapacitation may result from the use of alcohol or drugs, whether voluntary or involuntary, if an individual’s level of impairment is such that they are unable to make conscious decisions or are physically helpless. Alcohol and drugs impair a person’s decision-making capacity, awareness of consequences and ability to make informed judgments. It is especially important that anyone engaging in sexual activity be aware of the other person’s level of intoxication. Consumption of drugs or alcohol may diminish one’s ability to give consent to engage in sexual activity, but being intoxicated or impaired due to consumption of drugs or alcohol is never an excuse for sexual misconduct, and does not diminish one’s responsibility to obtain consent.

Preponderance of the Evidence: A preponderance of the evidence means it is more likely than not that a policy violation occurred (or did not occur) based on the evidentiary record.

RespondentRespondent refers to an individual who has been reported to be the perpetrator of conduct that could constitute Title IX Sexual Misconduct.

Relationship ViolenceThe term relationship violence means dating violence and domestic violence.

RetaliationUniversity of The Arts does not tolerate acts of retaliation against anyone who participates in the processes and grievance procedure set forth in this Policy. This includes reporting an incident which may implicate this Policy, participating in the Informal Resolution Process or Formal Grievance Process, supporting a Complainant or Respondent, acting as an Advisor, assisting in providing information relevant to an investigation, and/or acting in good faith to oppose conduct that constitutes a violation of this Policy. Acts of alleged retaliation should be reported immediately to the Title IX Coordinator and will be promptly investigated.  

The University is prepared to take appropriate steps to protect individuals who fear that they may be subjected to retaliation.  

It is prohibited for the University or any member of the University community to take materially adverse action by intimidating, threatening, coercing, harassing or discriminating against any individual for the purpose of interfering with any right or privilege secured by law or policy, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding or hearing under this Policy and procedure. 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 complaint of sexual harassment, for the purpose of interfering with any right or privilege secured by Title IX, constitutes retaliation. The exercise of rights protected under the First Amendment does not constitute retaliation. Charging an individual with a code of conduct violation for making a materially false statement in bad faith in the course of a grievance proceeding under this Policy and procedure does not constitute retaliation, provided that a determination regarding responsibility, alone, is not sufficient to conclude that any party has made a materially false statement in bad faith.

The term retaliation means intimidating, threatening, coercing, harassing, taking adverse employment or educational action against, otherwise discriminating against or its implementing regulations, including through online communications and activities such as social media, because the individual made a report or complaint under this Policy or these Procedures, participated in any way in the investigation or resolution of such a report or complaint, opposed conduct that they reasonably believed to be prohibited under this Policy, these Procedures, or applicable law regarding discrimination or harassment, or exercised any right or responsibility under this Policy or these Procedures. Retaliation includes conduct that is reasonably likely to deter an individual from making a complaint or report under this Policy or from participating in the investigation or resolution of a complaint or report, or from opposing conduct that they reasonably believe to be prohibited under this Policy, these Procedures or applicable law regarding discrimination or harassment.

Sexual Harassment: Sexual Harassment, as an umbrella category, includes the actual or attempted offenses of quid pro quo sexual harassment, hostile environment sexual harassment, sexual assault, domestic violence, dating violence and stalking.

Sexual Harassment under this Policy is conduct on the basis of sex that satisfies one of the following.

  • Quid Pro Quo Sexual Harassment: An employee of the University conditions (implicitly or explicitly) the provision of an aid, benefit or service of the University on an individual’s participation in unwelcome sexual conduct.

  • Hostile Environment Sexual Harassment: Unwelcome conduct, determined by a reasonable person to be so severe, and pervasive and objectively offensive, that it effectively denies a person equal access to the University’s educational programs or activities or employment.

  • Sexual Assault

    • Sex Offenses, Forcible: Any sexual act directed against another person, without the consent of the Complainant, including instances in which the complainant is incapable of giving consent.

    • ​​​​​​​Forcible Rape: Penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the Complainant.

    • Forcible Sodomy: Oral or anal sexual intercourse with another person, forcibly, and/or against that person’s will (non-consensually), or not forcibly or against the person’s will in instances in which the Complainant is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacity.

    • ​​​​​​​Sexual Assault with an Object: The use of an object or instrument to penetrate, however slightly, the genital or anal opening of the body of another person, forcibly, and/or against that person’s will (non-consensually), or not forcibly or against the person’s will in instances in which the Complainant is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacity.

    • ​​​​​​​Forcible Fondling: The touching of the private body parts of another person (buttocks, groin, breasts), for the purpose of sexual gratification, forcibly, and/or against that person’s will (non-consensually), or not forcibly against the person’s will in instances in which the Complainant is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacity. 

    • ​​​​​​​Incest: Non-forcible sexual intercourse between persons who are related to each other, within the degrees wherein marriage is prohibited by Pennsylvania law.

    • ​​​​​​​Statutory Rape: Non-forcible sexual intercourse, with a person who is under the statutory age of consent in Pennsylvania. 

    • ​​​​​​​Dating Violence: As defined above. 

    • ​​​​​​​Domestic Violence: As defined above.

    • ​​​​​​​Stalking: Engaging in a course of conduct directed at a specific person that would cause a reasonable person to (a) fear for their safety or the safety of others; or (b) suffer substantial emotional distress.

​​​​​​​III. Filing a Complaint with the University 

Notice or complaints under the Sexual Misconduct Policy and Grievance Procedure Under Title IX may be made using any of the following options.

  • File a complaint with, or give verbal notice to, the Title IX Coordinator, the Deputy Title IX Coordinators or the University President. Such a report may be made at any time by using the telephone number or email address, or by mail to the office address, listed for the Title IX Coordinator or any other official listed on page 5. 

  • Report student on student conduct online by using the Title IX Sexual Misconduct, Bias, Discrimination and Harassment Report form.

  • Report online, using third-party provider EthicsPoint, at uarts.ethicspoint.com. A report may be made anonymously through EthicsPoint; however, know that the University may be limited in its ability to respond to a report of prohibited discrimination, harassment or retaliation without identifying information of all parties involved, and will be excluded from providing the Complainant with supportive measures and options without that individual’s name and contact information. 

Formal Complaint means a document filed/signed by the Complainant or signed by the Title IX Coordinator alleging a policy violation by a Respondent and requesting that University of the Arts investigate the allegation(s). A Formal Complaint may be filed with the Title IX Coordinator in person, by mail or by electronic mail, via EthicsPoint or by using uarts-advocate.symplicity.com/titleix_report/. As used in this paragraph, the phrase “document filed by a Complainant” means a document or electronic submission (such as by electronic mail or through an online portal provided for this purpose by the University) that contains the Complainant’s physical or digital signature or otherwise indicates that the Complainant is the person filing the Formal Complaint. At the time of filing a Formal Complaint, the Complainant must be participating in, or attempting to participate, in the education program or activity of the University.

If a Complainant does not wish to make a Formal Complaint, the Title IX Coordinator may determine a Formal Complaint is necessary. University of the Arts will inform the Complainant of this decision in writing, and the Complainant need not participate in the process further but will receive all notices issued under this Policy.

Nothing in this Policy prevents a Complainant from seeking the assistance of state or local law enforcement alongside the appropriate on-campus process, and the University will assist the Complainant in contacting law enforcement, if requested.

Upon receipt of a Formal Complaint, University of the Arts will provide the Complainant with information about the option to use the Informal Resolution Process or the Formal Grievance Process, as outlined below. 

The timeframe for the completion of the Formal Grievance Process begins with the filing of a Formal Complaint. The Formal Grievance Process will be concluded within a reasonably prompt manner, and no longer than ninety (90) business days after the filing of the Formal Complaint, provided that the Formal Grievance Process may be extended for a legitimate reason, including but not limited to the absence of a party, a party’s advisor or a witness; concurrent law enforcement activity; or the need for language assistance or accommodation of disabilities. 

​​​​​​​IV. Informal Resolution Process 

Informal Resolution can include three different approaches:

  • when the parties agree to resolve the matter through an alternative resolution mechanism including but not limited to mediation or restorative practices; 

  • when the Respondent accepts responsibility for violating this Policy, and desires to accept a sanction and end the resolution process; or

  • when the Title IX Coordinator can resolve the matter informally by providing supportive measures to remedy the situation. 

To initiate Informal Resolution after a Complainant submits a Formal Complaint, as defined above, they may request it. If a Respondent wishes to initiate Informal Resolution, they should contact the Title IX Coordinator to do so. 

It is not necessary to pursue Informal Resolution first in order to pursue the Formal Grievance Process, and any party participating in Informal Resolution can stop the process at any time and begin or resume the Formal Grievance Process. 

Prior to implementing Informal Resolution, the University will provide the parties with written notice of the reported misconduct and any sanctions or measures that may result from participating in such a process, including information regarding any records that will be maintained or shared by the University. 

The University will obtain voluntary, written confirmation that all parties wish to resolve the matter through Informal Resolution before proceeding and will not pressure the parties to participate in Informal Resolution. 

The Respondent may accept responsibility for all or part of the alleged Policy violations at any point during the resolution process. If the Respondent indicates an intent to accept responsibility for all of the alleged misconduct, the formal process will be paused and the Title IX Coordinator will determine whether Informal Resolution can be used according to the criteria in that section above. 

If Informal Resolution is applicable, the Title IX Coordinator will determine whether all parties and the University are able to agree on responsibility, sanctions and/or remedies. If so, the Title IX Coordinator implements the accepted finding that the Respondent is in violation of University Policy and implements agreed-upon sanctions and/or remedies, in coordination with other appropriate administrator(s), as necessary. 

If Informal Resolution is successful, the Title IX Coordinator will prepare a Resolution Agreement which will be signed by the parties. This result is not subject to appeal once all parties have agreed to and signed the document. When the parties cannot agree on all terms of resolution, the Formal Grievance Process will resume at the same point where it was paused.

When a resolution is accomplished, the appropriate sanction or responsive actions are promptly implemented in order to effectively stop the harassment or discrimination, prevent its recurrence and remedy the effects of the discriminatory conduct, both on the Complainant and the community. 

​​​​​​​V. Formal Grievance Process

​​​​​​​A. Jurisdiction

The Formal Grievance Process will apply when all of the following elements are met, in accordance with the May 2020 Final Rule, and in the reasonable determination of the Title IX Coordinator.

  1. the conduct is alleged to have occurred in the United States; and

  2. the conduct is alleged to have occurred in the education program or activity of University of the Arts, where the University has control over both the program and the alleged harasser; and

  3. the alleged conduct, if true, would constitute covered Sexual Harassment as defined in Section II; and

  4. the Complainant was participating in or attempting to participate in the University’s educational program at the time of the complaint.

If any one of these elements is not met, the Title IX Coordinator will notify the parties that the Formal Complaint is “dismissed for the purposes of Title IX.” Each party may appeal this dismissal using the procedure outlined in “Appeals,” below. 

Upon dismissal for the purposes of Title IX, the Formal Complaint may be reinstated under the Formal Grievance Process pursuant to the section below. 

​​​​​​​B. Discretionary Dismissal Grounds

The Title IX Coordinator, in consultation with appropriate University administrators, may dismiss the Formal Complaint under the Formal Grievance Process, at any time during the investigation or hearing, if:

  1. Complainant notifies the Title IX Coordinator in writing that they would like to withdraw the Formal Complaint or any allegations raised in the Formal Complaint; or

  2. the Respondent is no longer enrolled or employed by University of the Arts; or,

  3. if specific circumstances prevent the University from gathering evidence sufficient to reach a determination regarding the Formal Complaint or allegations within the Formal Complaint.

The Title IX Coordinator will notify the parties that the Formal Complaint is dismissed under the Formal Grievance Process if determined appropriate under the discretionary dismissal grounds. Each party may appeal this dismissal using the procedure outlined in “Appeals,” below. 

Additionally, University of the Arts retains discretion to utilize the Student Code of Conduct, Staff Manual and/or Faculty Handbook or other Policies to determine if a violation of such policies have occurred. If so, University of the Arts will refer the allegations to the appropriate resolution process.

​​​​​​​C. Reinstatement of the Formal Grievance Process

At the discretion of the Title IX Coordinator, as determined on a case-by-case basis, the Formal Grievance Process may be reinstated when the following elements are met, irrespective of the location of the alleged conduct:

  1. the conduct is alleged to have occurred between individuals who are current members of the University community;

  2. the alleged conduct has had or can be reasonably predicted to have a continuing negative effect on the University and its students, faculty, visiting faculty, affiliates, staff, contractors, vendors, visitors or guests; and

  3. the alleged conduct, if true, would constitute covered Sexual Harassment as defined in the Definitions section of this policy.

If any one of these elements is not met, the Title IX Coordinator will notify the parties that the Formal Complaint is dismissed under the Formal Grievance Process. Each party may appeal this dismissal using the procedure outlined in “Appeals,” below. 

Additionally, University of the Arts retains discretion to utilize the Student Code of Conduct, Staff Manual, Faculty Handbook or other Policies to determine if a violation of such policies have occurred. If so, University of the Arts will refer the allegations to the appropriate resolution process.

​​​​​​​D. Notice

​​​​​​​1. Notice of Allegations

The Title IX Coordinator will draft and provide the Notice of Allegations to any party to the allegations under this Policy after the receipt of a Formal Complaint. The University will provide sufficient time for the parties to review the Notice of Allegations and prepare a response before any initial interview.

The Title IX Coordinator, in consultation with appropriate University officials, may determine that the Formal Complaint must be dismissed on the grounds identified above, and will issue a Notice of Dismissal. If such a determination is made, any party to the allegations of sexual harassment identified in the Formal Complaint will receive the Notice of Dismissal in conjunction with, or in separate correspondence after, the Notice of Allegations. The Notice of Dismissal may be appealed. See the “Appeals” section, below.

​​​​​​​2. Ongoing Notice

If, in the course of an investigation, UArts decides to investigate allegations not previously included in the Notice of Allegations, which are otherwise fall under the jurisdiction of this Policy, the University will notify the parties whose identities are known of the additional allegations by their university email accounts or other reasonable means.

The parties will be provided sufficient time to review the additional allegations to prepare a response before any initial interview regarding those additional charges.

​​​​​​​E. Right to an Advisor

​​​​​​​1. Who May Serve as an Advisor

The parties may each have an Advisorof their choice present with them for all meetings and interviews within the resolution process, if they so choose. The parties may select whomever they wish to serve as their Advisor as long as the Advisor is eligible and available.

The Advisor may be a friend, mentor, family member, attorney or any other individual a party chooses to advise, support and/or consult with them throughout the resolution process. The parties may choose Advisors from inside or outside of the University community. An Advisor who is chosen from outside of the University community is requested to meet with the Title IX Coordinator to review the Advisor role.

The Title IX Coordinator also will offer to assign a trained Advisor for any party if the party so chooses. Any Advisor provided for a party by the University will be trained by the University and be familiar with the University policy and procedures. 

The University may permit parties to have more than one Advisor upon special request to the Title IX Coordinator. The decision to grant this request is at the sole discretion of the Title IX Coordinator and will be granted equitably to all parties.

​​​​​​​2. Role of the Advisor

All Advisors are subject to the same University policies and procedures. Advisors are expected to advise their advisees without disrupting proceedings. The Advisor may not make a presentation or represent their adviseeduring any meeting or proceeding and may not speak on behalf of the advisee to the Investigator(s) or the Hearing Body except during cross-examination in a live hearing.

The parties are expected to ask and respond to questions on their own behalf throughout the investigation phase of the resolution process. Although the Advisor generally may not speak on behalf of their advisee, the Advisor may consult with their advisee, either privately as needed, or by conferring or passing notes during any resolution process, meeting or interview. For longer or more involved discussions, the parties and their Advisors should ask for breaks to allow for private consultation.

Advisors are expected to maintain the privacy of the records shared with them. These records may not be shared with third parties, disclosed publicly or used for purposes not explicitly authorized by the University. The University may seek to restrict the role of any Advisor who does not respect the sensitive nature of the process or who fails to abide by the University’s privacy expectations.

Any Advisor who oversteps their role as defined by this Policy will be warned only once. If the Advisor continues to disrupt or otherwise fails to respect the limits of the Advisor role, the meeting will be ended, or other appropriate measures implemented. Subsequently, the Title IX Coordinator will determine how to address the Advisor’s non-compliance and future role.

​​​​​​​F. Investigation

​​​​​​​1. General Rules of Investigations

The Title IX Coordinator will designate a qualified investigator to perform an investigation of the allegations under a reasonably prompt timeframe after issuing the Notice of Allegations. 

The University, and not the parties, has the burden of proof and the burden of gathering evidence, i.e., the responsibility of showing a violation of this Policy has occurred. This burden does not rest with either party, and either party may decide not to share their account of what occurred or may decide not to participate in an investigation or hearing. This does not shift the burden of proof away from the University and does not indicate responsibility. 

The University cannot access, consider or disclose medical records without a waiver from the party (or parent, if applicable) to whom the records belong or about whom the records include information. The University will provide an equal opportunity for the parties to present witnesses and other inculpatory and exculpatory evidence, (i.e., evidence that tends to prove and disprove the allegations) as described below.

​​​​​​​2. Inspection & Review of Evidence Review

Prior to the completion of the investigation, the parties will have an equal opportunity to inspect and review the evidence obtained through the investigation. The purpose of the inspection and review process is to allow each party the equal opportunity to meaningfully respond to the evidence prior to conclusion of the investigation.

Evidence that will be available for inspection and review by the parties will be any evidence that is directly related to the allegations raised in the Formal Complaint. It will include any

  1. evidence that is relevant, even if that evidence does not end up being relied upon by the institution in making a determination regarding responsibility; and

  2. inculpatory or exculpatory evidence (i.e., evidence that tends to prove or disprove the allegations) that is directly related to the allegations, whether obtained from a party or other source.

All parties must submit any evidence they would like the investigator to consider prior to when the parties’ time to inspect and review evidence begins. 

The University will send the evidence made available for each party and each party’s Advisor, if any, to inspect and review. 

The parties will have ten (10) business days to inspect and review the evidence and submit a written response by email to the investigator. The investigator will consider the parties’ written responses before completing the Investigative Report. 

The University will provide the parties five (5) business days after the initial inspection and review of evidence, and before the investigator completes their Investigative Report, to provide additional evidence in response to their inspection and review of the evidence, and then provide the parties five (5) business days to inspect, review and respond to the party’s additional evidence through a written response to the investigator. Those written responses will be disclosed to the parties. 

Any evidence subject to inspection and review will be available at any hearing, including for purposes of questioning.

The Advisors must agree 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. The Advisors must agree not to photograph or otherwise copy the evidence. 

​​​​​​​3. Investigative Report

The investigator will prepare an Investigative Report that fairly summarizes relevant evidence. Only relevant evidence (including both inculpatory and exculpatory – i.e., tending to prove and disprove the allegations) will be included in the Investigative Report. 

The investigator may redact irrelevant information from the Investigative Report when that information is contained in documents or evidence that is/are otherwise relevant. 

​​​​​​​G. Hearing

​​​​​​​1. General Rules of Hearings

The University will not issue a disciplinary sanction arising from the Formal Grievance Process under this Policy without holding a live hearing, unless otherwise resolved through an Informal Resolution process. 

The live hearing may be conducted with all parties physically present in the same geographic location, or, at the University’s discretion, any or all parties, witnesses and other participants may appear at the hearing virtually. The University will use technology that will enable participants simultaneously to see and hear each other. At its discretion, the University may delay or adjourn a hearing based on technological errors not within a party’s control. 

All proceedings will be recorded through audio recording. That recording will be made available to the parties for inspection and review. 

​​​​​​​2. Continuances or Granting Extensions

The University may determine that multiple sessions or a continuance (i.e., a pause of the continuation of the hearing until a later date or time) may be needed to complete a hearing. If so, the University will notify all participants and endeavor to accommodate all participants’ schedules and complete the hearing as promptly as practicable.

​​​​​​​3. Participants in the Live Hearing

All participants in the live hearing are subject to the Rules of Decorum. Live hearings are not public, and the only individuals permitted to participate in the hearing are as follows.

​​​​​​​a. Complainant & Respondent

The parties cannot waive the live hearing, though they are not required to attend. The University may still proceed with the live hearing in the absence of a party and may reach a determination of responsibility in their absence, through admissible and available evidence. Evidence of statements by parties or witnesses cannot be considered if those parties or witnesses do not testify at the hearing. However, a verbal or written statement constituting part or all of the allegation itself is not a statement that must be excluded if the maker of the statement does not submit to questioning about that statement. A statement would not include a document, audio recording, audiovisual reading and/or digital media, including but not limited to text messages, emails and social media postings, that constitute the conduct alleged to have been the act of Sexual Harassment under the Formal Complaint.  

The University will not threaten, coerce, intimidate or discriminate against the party in an attempt to secure the party’s participation.

If a party or witness does not submit to questioning at the hearing, the Hearing Body cannot rely on any prior statements made by that party or witness in reaching a determination regarding responsibility, but may reach a determination regarding responsibility based on evidence that does not constitute a “statement” by that party or witness.

The Hearing Body cannot draw an inference about the determination regarding responsibility based solely on a party’s absence from the live hearing or refusal to answer questions. 

​​​​​​​b. The Hearing Body

The Hearing Body will consist of either a single decision-maker (external to the University); or a hearing panel of three (3) voting panel members, including a Chair.

No member of the Hearing Body also will have served as the Title IX Coordinator, Title IX Investigator or Advisor to any party in the case, nor may any member of the Hearing Body serve on the Appeals Body in the case.

The Hearing Body will be trained on topics including how to serve impartially, avoiding prejudgment of the facts at issue, conflicts of interest, bias, issues of relevance and questions, including how to apply the prior sexual history/predisposition protections provided for Complainants, the definition of sexual harassment, the scope of the institution’s education program or activity, any technology to be used at the hearing, and how to conduct a grievance process.

No member of the Hearing Body will have a conflict of interest or bias in favor of or against Complainants or Respondents generally, or in favor or against the parties to the particular case. The parties will have an opportunity to raise any objections regarding the Hearing Body’s actual or perceived conflicts of interest or bias at the commencement of the live hearing. 

​​​​​​​c. Advisor

Questioning is required during the hearing, but must be conducted by the parties’ Advisors. The parties are not permitted to directly question each other or any witnesses. If a party does not have an Advisor for a hearing, the University will appoint a trained Advisor for the limited purpose of conducting any questioning. 

A party may reject this appointment and choose their own Advisor, but they may not proceed without an Advisor. If the party’s Advisor will not conduct questioning, the University will appoint an Advisor who will do so thoroughly, regardless of the participation or non-participation of the advised party in the hearing itself. Extensive questioning of the parties and witnesses will also be conducted by the Hearing Body during the hearing. 

​​​​​​​d. Witness

Witnesses cannot be compelled to participate in the live hearing, and have the right not to participate in the hearing free from retaliation. 

If a witness does not submit to questioning, as described below, the Hearing Body cannot rely on any statements made by that witness in reaching a determination regarding responsibility, including any statement relayed by the absent witness to a witness or party who testifies at the live hearing. 

​​​​​​​4. Hearing Procedures

For purposes of this section, the “Hearing Chair” refers to either a single decision maker or a member of a panel chosen for that role.

For all live hearings conducted under the Formal Grievance Process, the procedure will be as follows

  •  The Hearing Chair (either a single external decision maker or the Chair, as described above) will open and establish rules and expectations for the hearing;

  • the parties will each be given the opportunity to provide opening statements; 

  • the Hearing Body will ask questions of the parties and witnesses; 

  • parties, through their Advisors, will be given the opportunity for questioning after the Hearing Body conducts its initial round of questioning. During the Advisors’ questioning, the Hearing Chair will have the authority to pause questioning at any time for the purposes of asking the Hearing Body’s own follow up questions, and any time necessary in order to enforce the established rules of decorum.

5. Questioning Procedures

Each party’s Advisor will conduct questioning of the other party or parties and witnesses. During questioning, the Advisor will ask the other party or parties and witnesses relevant questions and followup questions, including those challenging credibility directly, orally and in real time.

Before any question is answered, the Hearing Chair will determine if the question is relevant. Questions that are duplicative of those already asked, including by the Hearing Chair, may be deemed irrelevant if they have been asked and answered. Abusive questions may be deemed irrelevant as well. 

​​​​​​​6. Review of Recording

The recording of the hearing will be available for review by the parties during the timeframe of the appeal, unless there are any extenuating circumstances. The recording of the hearing will not be provided to parties or advisors.

​​​​​​​H. Determination of Responsibility

​​​​​​​1. Standard of Proof

The University uses the preponderance of the evidence standard for investigations and determinations regarding responsibility of Formal Complaints covered under this Policy. This means that the investigation and hearing determine whether it is more likely than not that a violation of the Policy occurred.

​​​​​​​2. General Considerations for Evaluating Testimony & Evidence

While the opportunity for questioning is required in all hearings under the Formal Grievance Process, determinations regarding responsibility may be based in part, or entirely, on documentary, audiovisual and digital evidence, as warranted in the reasoned judgment of the Hearing Body.

The Hearing Body shall not draw inferences regarding a party or witness’ credibility based on the party or witness’ status as a Complainant, Respondent or witness, nor will it base its judgments in stereotypes about how a party or witness would or should act under the circumstances.

Generally, credibility judgments should rest on the truthfulness of the party or witness, the plausibility of their testimony, the consistency of their testimony and its reliability in light of corroborating or conflicting testimony or evidence.

Credibility judgments should not rest on whether a party or witness’ testimony is nonlinear or incomplete, or if the party or witness is displaying stress or anxiety. 

Both inculpatory and exculpatory (i.e., tending to prove and disprove the allegations) evidence will be weighed in equal fashion.

Parties may call “expert witnesses.” The University does not provide for expert witnesses in proceedings. The expert witness will be allowed to testify and be questioned, and their testimony evaluated accordingly.

Parties may call character witnesses to testify, though their testimony must be relevant to the complaint. 

The University will admit and allow relevant testimony regarding polygraph tests (“lie detector tests”) and other procedures that are outside of standard use in academic and non-academic conduct processes.

Where a party or witness’ conduct or statements demonstrate that the party or witness is engaging in retaliatory conduct, including but not limited to witness tampering and intimidation, the Hearing Body may draw an adverse inference as to that party or witness’ credibility.

​​​​​​​3. Components of Determination Regarding Responsibility

The written Determination Regarding Responsibility will be issued simultaneously to all parties through their University email account, or other reasonable means as necessary. 

The Determination will include

  • identification of the allegations potentially constituting prohibited conduct under this Policy;

  • a description of the procedural steps taken from the receipt of the Formal Complaint through the determination, including any notifications to the parties, interviews with parties and witnesses, site visits, methods used to gather other evidence, and hearings held;

  • findings of fact supporting the determination; 

  • conclusions regarding which section of the Policy if any, the Respondent has or has not violated;

  • for each allegation:

    • a statement of, and rationale for, a determination regarding responsibility;

    • a statement of, and rationale for, any disciplinary sanctions University of the Arts imposes on the Respondent; and 

    • a statement of, and rationale for, whether remedies designed to restore or preserve equal access to the University of the Arts’ education program or activity will be provided by the University of the Arts to the Complainant; and

    • when the determination is considered by the institution to be final, and any changes to the determination that could occur prior to finalization; and

    • the University’s procedures and the permitted reasons for the Complainant and Respondent to appeal (described below in “Appeal”). 

​​​​​​​4. Timeline of Determination Regarding Responsibility

If there are no extenuating circumstances, the determination regarding responsibility will be issued by the University within ten (10) business days of the completion of the hearing. 

​​​​​​​I. Sanctions

Factors considered when determining a sanction may include, but are not limited to 

  • the nature, severity of and circumstances surrounding the violation(s); 

  • the Respondent’s disciplinary history; 

  • the need for sanctions/responsive actions to bring an end to the discrimination, harassment and/or retaliation;

  • the need for sanctions/responsive actions to prevent the future recurrence of discrimination, harassment and/or retaliation;

  • the need to remedy the effects of the discrimination, harassment and/or retaliation on the Complainant and the community;

  • the impact on the parties; and 

  • any other information deemed relevant by the Hearing Body.

Determination of appropriate sanctions will be made in consultation with the Student Conduct Coordinator or their designee. The sanctions will be implemented as soon as is feasible, either upon the outcome of any appeal or the expiration of the window to appeal without an appeal being requested. The sanctions described in this Policy are not exclusive of, and may be in addition to, other actions taken or sanctions imposed by external authorities. 

​​​​​​​1. Student Sanctions

Sanctions may include, but are not limited to, the following. 

  • Warning: A written notification that a violation occurred and that any further responsible finding of misconduct may result in more severe disciplinary action. Warnings are typically recorded for internal purposes only and are not considered part of a student’s permanent student conduct record. Though disclosed with a student’s signed consent, a student who receives a warning is still considered in good standing*.  

  • Probation: A written notification that indicates a serious and active response to a violation Probation is for a designated period of time and includes the probability of more severe sanctions, if found responsible for additional violations of the Student Code of Conduct, including suspension or expulsion from the University. Notification of probation is considered a change in good standing status. 

  • Loss of privileges: Denial of the use of certain University facilities or the right to participate in certain activities, events, programs or to exercise certain privileges for a designated period of time. 

  • Restitution: A student may be required to make payment to an individual or to the University related to the misconduct for damage, destruction, defacement, theft or unauthorized use of property.

  • Relocation or removal from (University-operated) housing: Relocation is the reassignment of a student from one living space to another. Removal from housing is the removal of a student from all University-operated housing. Relocation and removal from housing are typically accompanied by the loss of privileges regarding the visitation to specific residential areas for a specified period of time. The University may take such action for remedial, rather than disciplinary, purposes.

  • Revocation of Affiliation: Revocation of affiliation is the permanent removal of a student as a member of a specific organization and/or the permanent removal of an organization’s recognized affiliation with the University. 

  • No Contact Directives: No Contact Directives are directives to students that restrict the contact and/or communication between or among designated parties. No Contact Directives may be the result of a student conduct process or put in place temporarily. No Contact Directives are not legal protective orders as those are issued by a court of law.

  • Persona Non Grata: Persona Non Grata prohibits an individual from a specific building(s) or all campus property. Violation of a persona non grata may subject the violator to arrest for trespass.

  • Educational/Assessment/Referrals: The University reserves the right to impose counseling or substance assessments or other required educational sanctions.

  • Suspension: The separation of a student from the University for a specified period of time, after which the student is eligible to return. Conditions for re-enrollment may be required and will be included in the notification of suspension. During the period of suspension, the student may not participate in University academic or extracurricular activities and may be barred from all property owned or operated by the University. Suspension from the University will result in automatic “W” grades in all classes for the semester in which suspension was sanctioned. Students who are suspended may not be on campus without specific, written permission of the Associate Vice President for Student Affairs or their designee. Suspension is for a designated period of time and includes the probability of more severe sanctions, including expulsion, if found responsible for violations of the Student Code of Conduct. 

  • Expulsion: Expulsion is the permanent separation of the student from the University. Expulsion from the University will result in automatic “W” grades in all classes for the semester in which expulsion was sanctioned. Students who are expelled may not be on campus without specific, written permission of the Associate Vice President for Student Affairs or their designee. 

The following sanctions, among others, may be imposed upon student groups or organizations.

  • Deactivation: Loss of privileges, including University recognition, for a specified period of time. 

More than one of the above sanctions listed may be imposed for any single violation. Other than University expulsion, disciplinary sanctions shall not be made part of the student’s academic transcript but will become part of the student’s permanent record. A student’s permanent record is subject to review only by those authorized to request it, such as transfer higher-education institutions and future employers, and in other cases when the student initiates the disclosure. 

​​​​​​​2. Employee Sanctions

Sanctions may include, but are not limited to, the following.

  • Verbal Warning: An in-person meeting with the Title IX Coordinator, the Respondent’s supervisor or other appropriate administrator, to discuss behavioral expectations and standards for University community members. 

  • Written Warning: Notice, in writing, that continuation or repetition of prohibited conduct may be cause for additional disciplinary action

  • Educational Requirements: Completion of training, projects, programs or requirements designed to help the employee manage behavior and understand why it was inappropriate. Includes appropriate and relevant community service opportunities. 

  • Suspension: Exclusion from University premises, attending classes and other privileges or activities for a specified period of time, as set forth in the suspension notice. Notice of this action will remain in the employee’s file. Conditions for returning to work may be specified in the suspension notice. 

  • Termination: Permanent termination of employment status and exclusion from University premises, privileges and activities. This action will be permanently recorded in the employee’s file. 

  • Another discipline may be imposed instead of, or in addition to, those specified above. More than one of the disciplinary outcomes listed above may be imposed for any single violation.

J. Appeals

Each party may appeal the dismissal of a Formal Complaint or any included allegations and/or a determination regarding responsibility. To appeal, a party must submit their written appeal within five (5) calendar days of being notified of the decision, indicating the grounds for the appeal.

The limited grounds for appeal available are

  • procedural irregularity that affected the outcome of the matter (i.e., a failure to follow the institution’s own procedures);

  • 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; and

  • the Title IX Coordinator, investigator(s) or decision-maker(s) had a conflict of interest or bias for or against an individual party, or for or against complainants or respondents in general, that affected the outcome of the matter.

The submission of appeal stays any sanctions for the pendency of an appeal. Supportive measures and remote learning opportunities remain available during the pendency of the appeal.

If a party appeals, the University will as soon as practicable notify the other party in writing of the appeal; however, the time for appeal will be offered equitably to all parties and will not be extended for any party solely because the other party filed an appeal.

Appeals for matters involving student Respondents will be decided by the Assistant Vice President for Admissions; appeals for matters involving staff Respondents will be decided by the Vice President for Finance and Administration; and appeals for matters involving faculty Respondents will be decided by the Vice President for Academic Affairs. Appeal Officers are free of conflict of interest and bias and will not serve as investigator, Title IX Coordinator or on the Hearing Body in the same matter.

Outcome of appeal will be provided in writing simultaneously to both parties and include rationale for the decision. The Notice of Appeal Outcome will specify the finding on each ground for appeal, any specific instructions for remand or reconsideration, any sanctions that may result which the University is permitted to share according to state or federal law and the rationale supporting the essential findings to the extent the University is permitted to share under state or federal law.

​​​​​​​K. Obligation to Provide Truthful Information

All University community members are expected to provide truthful information in any report or proceeding under this Policy. Knowingly submitting or providing false or misleading information in connection with an alleged Policy violation is prohibited and subject to disciplinary sanctions. This provision does not apply to reports made or information provided in good faith, even if the facts alleged in the report are not ultimately substantiated. Nor should a finding of policy violation alone be used to support a complaint that that Respondent lied in the resolution process. 

​​​​​​​L. Statement of Academic Freedom

The free expression and study of ideas are essential to the pursuit of a higher education. At times, it will be necessary to consider ideas that some community members may find unpleasant or offensive, for the simple reason that offensive ideas are part of our history and culture. All University community members must be empowered to discuss any topic or idea that is germane to the subject at hand, while at the same time acting as good citizens and participants in a shared endeavor with people of all political and social worldviews and with varied backgrounds. This calls for honest discussion, the asking of questions to clear up misconceptions and a search for the universal growing from careful examination of the specific contexts of studied works. It calls for treating other community members as human beings with individual sets of experiences and opinions, treating them with dignity, but also extending to them the respect not only of their experiences and opinions, but also of their intellectual curiosity and resilience.

Additionally, this Policy adopts the Statement of Academic Freedom found in the University’s Faculty Handbook. Speech that meets the policy definition of sexual harassment, above, is not protected by academic freedom or free speech rights. 

​​​​​​​M. Recordkeeping

University of the Arts will maintain for a period of [at least] seven years records of

  1. each sexual harassment investigation, including any determination regarding responsibility and any audio or audiovisual recording or transcript required under federal regulation;

  2. any disciplinary sanctions imposed on a Respondent; 

  3. any remedies provided to a Complainant that are designed to restore or preserve equal access to University of the Arts’ education program or activity;

  4. any appeal and the result therefrom;

  5. any Informal Resolution and the result therefrom; 

  6. all materials used to train Title IX Coordinators, Investigators, Decision-makers and any person who facilitates an Informal Resolution process. University of the Arts will make these training materials publicly available on University of the Arts’ website; and

  7. any actions, including any supportive measures, taken in response to a report or formal complaint of sexual harassment, including

    1. the basis for all conclusions that the response was not deliberately indifferent; 

    2. any measures designed to restore or preserve equal access to University of the Arts’ education program or activity; and 

    3. if no supportive measures were provided to the Complainant, documentation of the reasons why such a response was not clearly unreasonable in light of the known circumstances. 

University of the Arts will also maintain any and all records in accordance with state and federal laws. 

​​​​​​​N. Disabilities Accommodations in the Resolution Process​​​​​​​

University of the Arts is committed to providing reasonable accommodations and support to qualified students, employees or others with disabilities to ensure equal access to University of the Arts’ resolution process. 

Anyone needing such accommodations or support should contact the Director for the Office of Educational Accessibility or Associate Vice President for Human Resources, who will review the request and, in consultation with the person requesting the accommodation and the Title IX Coordinator, determine which accommodations are appropriate and necessary for full participation in the process. 

​​​​​​​O. Revision of this Policy & Procedures

This Policy and procedures supersede any previous policy or policies addressing harassment, sexual misconduct, discrimination and/or retaliation under Title IX and will be reviewed and updated annually by the Title IX Coordinator. University of the Arts reserves the right to make changes to this document as necessary, and once those changes are posted online, they are in effect. 

During the resolution process, the Title IX Coordinator may make minor modifications to procedures that do not materially jeopardize the fairness owed to any party, such as to accommodate summer schedules. The Title IX Coordinator also may vary procedures materially with notice (on the institutional website, with the appropriate effective date identified) upon determining that changes to law or regulation require policy or procedural alterations not reflected in this Policy and procedures. 

If government laws or regulations change — or court decisions alter — the requirements in a way that impacts this document, this document will be construed to comply with the most recent government laws or regulations or court holdings. 

This document does not create legally enforceable protections beyond the protection of the background state and federal laws which frame such policies and codes, generally.  

EXHIBIT “A”

External resources for concerns about how this Policy is administered:

U.S. Department of Education’s Office for Civil Rights

Philadelphia Office

100 Penn Square East, Suite 515, Philadelphia, PA 19107-3323

215-656-8541

OCR.Philadelphia@ed.gov

 

Pennsylvania Human Relations Commission

Philadelphia Regional Office

110 N. 8th St., Suite 501, Philadelphia, PA 19107

215-560-2496 

 

Equal Employment Opportunity Commission

Philadelphia District Office

801 Market St., Suite 1000, Philadelphia PA 19107-3126

1-800-669-4000

PDOContact@eeoc.gov 

EXHIBIT “B”: MEDICAL RESOURCES

On Campus

Student Health Services: Student Health Services can provide confidential medical services, such as evaluation and treatment of minor injuries, pregnancy tests, and HIV and STI testing to University students.

Student Center, Room 306 

Monday–Friday, 9 a.m.–5 p.m. 

215-717-6230

Off Campus

The Philadelphia Sexual Assault Response Center (PSARC) is designated to provide forensic rape examinations to victims of sexual assault. It is recommended that individuals who wish to pursue legal action receive this examination, which includes a collection of evidence. You do not need to file a police report to receive services at PSARC. During the examination, you can receive treatment for injuries and sexually transmitted infections, as well as emergency contraception. PSARC is located in the same building as the Philadelphia Police Department Sexual Victims Unit. You are not responsible for payment of the medications or medical forensic examination. Transportation to PSARC can be provided by the Philadelphia Police Department, by Uber, provided through WOAR (215-985-3333) or by Campus Public Safety (215-717-6666).

Philadelphia Sexual Assault Response Center

300 E. Hunting Park Ave., Philadelphia, PA 19124

Non-emergency phone: 215-800-1589

On-call sex assault nurse examiner: 215-425-1625

Pennsylvania Hospital

800 Spruce St, Philadelphia, PA 19102

Thomas Jefferson University Hospital

111 S. 11th St., Philadelphia, PA 19107

215-955-6000

EXHIBIT “C”

The following resources maintain confidentiality for notice received within their confidential roles. Generally, any information disclosed to the resources listed below will be held in confidence, unless the individual sharing the information gives their consent to the disclosure of that information. 

Confidential resources are not obligated to share information with the University’s Title IX Coordinator, and disclosure to a confidential resource does not constitute a report to the University. 

On Campus

Counseling Center: Services at UArts’ Counseling Center are available to all University students, free of cost. Counseling provides a safe, confidential place to talk and discuss varying issues in a private and confidential setting. Therapists in the Counseling Center are trained to assist students impacted by sexual, physical and emotional abuse, including those students who may have witnessed or have been accused of sexual misconduct. 

Student Center, 205 and 206

Monday–Friday, 11 a.m.–1 p.m. (walk-in hours)

215-717-6630

counseling@uarts.edu 

 

Student Health Services

Student Center, Room 306 

Monday–Friday, 9 a.m.–5 p.m. 

215-717-6230

healthservices@uarts.edu

Off-Campus

Philadelphia Center Against Sexual Violence (formerly known as WOAR) provides free and confidential individual and group counseling to children and adults who have experienced sexual violence, including sexual abuse, sexual assault, rape or date rape and incest. 

Philadelphia Center Against Sexual Violence

1617 John F. Kennedy Blvd., Suite 800, Philadelphia, PA 19103

215-985-3333

 

Women In Transition offers counseling and assistance to those impacted by domestic violence, dating violence or intimate partner violence.  Resources are provided for free, regardless of one’s gender identity.  

Women In Transition, 718 Arch St., Suite 401N, Philadelphia, PA 19106

Lifeline: 215-751-1111

witservices@helpwomen.org

AIDS Hotline: 215-985-AIDS

Rape, Abuse & Incest National Network (RAINN): 1-800-656-4673

 

Policy: Academic Advising Policy Administrator: Diana Moro, Director for Title IX, Equity, and Compliance  Policy Last Revised: August 2023