Intoduction
The Won Institute (“Institute”) is committed to creating an environment free from violence and intimidation. The Institute strictly prohibits any act of sexual assault, domestic violence, dating violence or stalking. These offenses will not be tolerated, and any member of the INSTITUTE community found to have committed such an act will face harsh disciplinary action including, but not limited to, mandated counseling, restricted access to Institute property and functions, dismissal from the Institute, termination of employment at the Institute, and/or prosecution by external authorities.
Title IX Law
Title IX of the Education Amendments of 1972 is a federal law that prohibits sex discrimination in education. The law forbids sex discrimination in all university student services and academic programs including, but not limited to, admissions, financial aid, academic advising, residential life, athletics, discipline, recreational services, health, wellness and support services, academic assignments and grading. Title IX also forbids sex discrimination in Institute employment and recruitment consideration or selection.
Title IX violations include discrimination on the basis of sex or gender as well as include sexual harassment, sexual violence, sexual exploitation, sexual misconduct, dating violence, domestic violence, and stalking. Title IX applies to all of the Institute’s education programs and activities, whether such programs or activities occur on or off campus. The Institute reserves the right to address sexual harassment affecting its students or employees that fall outside Title IX’s jurisdiction in any manner the University chooses, including providing supportive measures or pursuing discipline.
It is the policy of Institute, in accordance with federal and state law, to prohibit unlawful discrimination. Sex discrimination includes a variety of behaviors that can limit or negatively impact an individual’s educational opportunity. These behaviors include: sexual harassment, sexual violence, sexual misconduct, stalking, relationship violence (dating, domestic and intimate partner violence), gender identity, gender presentation and sexual orientation discrimination.
The Office for Civil Rights (OCR) in the U.S. Department of Education is responsible for enforcing Title IX. OCR engages in compliance enforcement to ensure that institutions that receive certain federal funds comply with Title IX.
Scope & Jurisdiction
All members of this community – students (current and applicants), faculty, staff, applicants for employment, persons doing business with or acting on behalf of the Institute, and visitors to campus – are protected under this Policy, regardless of sexual orientation or gender identity. All community members also share in the responsibility for creating and maintaining an environment that promotes the safety and dignity of each person. Towards that end, this Policy provides the framework for addressing all forms of discrimination within our community, preventing its occurrence and recurrence, and addressing its effects.
This Policy applies to all on-campus conduct, as well as any off-campus conduct that has an adverse impact on any member of the University community or the Institute. The policy applies to all of the Institute’s educational programs and activities occurring both on and off campus and only those which occurred in the United States.
Title IX Coordinator
The Institute’s Title IX Coordinator and contact information is below:
Bobbie Jo (B.J.) Putnam
267-406-1157
[email protected]
The Title IX Coordinator oversees the Institute’s centralized review, investigation, and resolution process for reports of sexual assault, sexual harassment, and other sexual misconduct, and coordinates the Institute’s compliance with Title IX.
Duty to Report to Title IX Coordinator
The Institute strongly encourages reporting of any incident of sexual harassment as defined in this policy to the Title IX Coordinator.
All Institute employees, except those who must maintain confidentiality by law are expected, and in some cases required, to report sexual harassment as defined in this policy to the Title IX Coordinator.
The only individual who can maintain confidentiality is the Dharma Chaplain.
Rev. Hojin Park
[email protected]
When an incident is reported, the Institute will respond promptly and in a manner that is not deliberately indifferent to all allegations of sexual harassment. Anyone making a report, filing a complaint, or participating in the investigation or resolution of an allegation of sexual misconduct or sexual harassment, is protected by law and by this Policy from retaliation (see Section 5.A.). The University will take prompt responsive action to any retaliation.
Prohibited Conduct
Sexual Harassment is unwelcome conduct on the basis of sex that is, sufficiently severe,
persistent or pervasive that it, unreasonably interferes with, denies or limits an individual’s
ability to participate in or benefit from the Institute’s educational program and/or activities, and
includes quid pro quo harassment, hostile environment harassment, sexual assault, dating violence, domestic violence, and stalking. Retaliation is also prohibited under this policy.
Definitions
Sexual harassment includes quid pro quo harassment, hostile environment harassment, sexual assault, dating violence, domestic violence, and stalking, as well as retaliation, as defined below.
Quid Quo Pro Harassment
An employee conditioning the provision of an aid, benefit or service on an individual’s participation in unwelcome sexual conduct (i.e., quid pro quo).
Hostile Environment Harassment
Unwelcome conduct determined by a reasonable person to be so severe, pervasive and objectively offensive that it effectively denies a person equal access to an education program or activity (i.e., hostile environment)
Sexual Assault
Sexual assault occurs when a person engages in a sexual act or contact with another person without that person’s consent, or compels that person to participate in a sexual act or contact without consent; and/or by threat or coercion; by placing the other person in fear that any person will suffer imminent bodily injury; by substantially impairing the ability of another person to appraise or control conduct by administering or employing drugs or intoxicants without the knowledge or against the will of the other person; or when a person is under the age of 16. Sexual assault includes sexual assault, rape, sexual battery, fondling, statutory rape, and incest.
Dating Violence
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 victim. The existence of such a relationship shall be determined based on a consideration of the following factors:
a. The length of the relationship.
b. The type of relationship.
c. The frequency of interaction between the persons involved in the relationship.
Domestic Violence
Domestic violence can be defined as a single occurrence or a pattern of abusive behavior that is used by an intimate partner to gain or maintain power and control over the other intimate partner. Domestic violence can be physical, sexual, emotional, economic, or psychological actions or threats of actions that influence another person. This includes any behaviors that intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure, or wound someone.
Stalking
Stalking is a pattern of repeated and unwanted attention, harassment, contact, or any other course of conduct directed at a specific person that would cause a reasonable person to fear his or her safety or the safety of others, or suffer substantial emotional distress. This includes cyber stalking, a particular form of stalking in which electronic media is used to pursue, harass, or make unwelcome contact with another person.
Retaliation
Intimidation, threats, coercion, or discrimination against any individual who has made a report or complaint, testified, assisted, participated or refused to participate in Title IX investigations or proceedings is strictly prohibited.
Consent
Consent means words or actions, freely, unambiguously and actively given by each party throughout a sexual encounter, which demonstrate each party’s willingness and agreement to continue to participate in agreed-upon sexual conduct.
Consent cannot be given when:
• a person’s judgment is substantially impaired by alcohol or drugs or otherwise incapacitated;
• intimidation, coercion or threats are involved;
• physical force is used;
• a physical or mental condition is present such that the person cannot knowingly or voluntarily give consent; or
• a person has not achieved the age required for consent, as defined by state law.
An objective standard will be used in determining whether a person’s judgment is “substantially impaired” by alcohol or drugs, or a physical or mental condition as described above is present. That is, consent is not valid when:
• From the standpoint of a reasonable person, the Respondent knew, or reasonably should have known, that the person’s judgment was substantially impaired as a result of alcohol or drugs or was otherwise incapacitated, or that the person’s physical or mental condition would prevent knowing and voluntary consent; or
• The person’s judgment was, in fact, substantially impaired as a result of alcohol, drugs, or the person was incapable of providing knowing or voluntary consent due to a physical or mental condition.
Silence, non-communication, or a lack of resistance does not imply consent. Previous relationships or consent do not imply consent to future sexual conduct. Consent to one form of sexual activity does not imply consent to other forms of sexual activity. Consent can be rescinded at any time.The use of alcohol or drugs does not minimize or excuse a person’s responsibility for committing sexual misconduct, or for determining whether another is capable of giving consent, as described above.
[FROM PA INSTITUTION]
Retaliation
Anyone making a report, filing a complaint, or participating in the investigation or resolution of an allegation of sexual misconduct or sexual harassment, is protected by law and by this Policy from retaliation. The Institute will take prompt responsive action to any retaliation.
Reporting
Reporting a sex offense, domestic violence, dating violence, sexual assault or stalking to the police or a campus official does not mean you are obligated to pursue further legal action. Remember that the earlier you report an incident, the easier it will be for the police to investigate the crime, and to prosecute the case successfully if you decide to move ahead with legal action. Even if you initially do not intend to pursue legal action, it helps to have a prompt and strong investigation should you change your mind in the future.
Any member of the INSTITUTE community may choose to file a complaint or report an incident to the INSTITUTE instead of, or in addition to, seeking legal action outside the Institute. Someone with a complaint of sexual harassment may decide to report an incident via the legal system without going through the Institute’s disciplinary process. However, in the interest of community safety, the INSTITUTE may be obligated to conduct an internal investigation and pursue disciplinary procedures.
If a student believes he or she is a victim of a sexual assault, stalking, or a violent crime, they are encouraged to notify the police or campus official immediately. In the initial meeting with police, you will be asked to tell them what happened, where it happened, and what your attacker looked like. If you wish to have the assailant prosecuted, the police and district attorney’s office will handle the legal proceedings without expense to you. You do not need to hire an attorney.
Students can also seek assistance from the Title IX Coordinator, who can guide the student through the reporting process and provide access to important resources and support services. If it is determined that any of the individuals involved need immediate medical care, the first priority is to make sure those individuals receive the necessary medical attention.
If a student wishes to pursue internal action within the Institute, a complaint form should be completed and submitted to the Title IX Coordinator.
Grievance
A complainant’s wishes regarding filing a formal complaint and proceeding with an Institute investigation will be respected. However, a formal complaint and investigation may be initiated over the wishes of the complainant if the known circumstances indicate that the Institute must do so to avoid being deliberately indifferent.
When a formal complaint is filed and the situation warrants an investigation under Title IX regulations, written notification is sent to both parties outlining the allegations as well as the disciplinary process. Both parties are also offered supportive measures. The respondent is presumed not responsible until/unless the hearing process proves otherwise. Both parties are informed that they may obtain an Advisor (who may be an attorney) to guide and advocate for them throughout the process. A statement of no retaliation is included in the notification.
Investigation
Once the Title IX Coordinator receives the formal complaint, an Investigator designated by the Institute will begin the investigatory process. The process includes fact gathering, and interviews with both parties and any witnesses. A party’s medical, psychological, and similar treatment records cannot be accessed or used unless the school obtains the party’s voluntary, written consent to do so. Schools must send the parties and their advisors all the evidence obtained in the investigation and allow them at least 10 days to review and comment in writing. The investigator then prepares an investigative report that summarizes relevant evidence, in electronic format or hard copy, at least 10 days prior to informal resolution or live hearing. Each party has the right to file a written response to the investigative report.
Emergency Removal
When safety and/or time issues mandate the need for an immediate decision, the Institute may conduct an individualized assessment of the situation to determine if an emergency removal from campus is necessary. If the analysis determines there is an immediate threat to the physical health or safety of any student or other individual arising from the allegations of sexual harassment, the source of the threat may be removed and barred from campus and/or school functions until Informal Resolution or Hearing takes place. The respondent has an opportunity to challenge the decision immediately following removal.
Live Hearing
Both the respondent and complainant appear at the hearing at the same time. Either party can request that the live hearing take place with the parties in separate rooms with technology that allows the decision makers and all parties to see and hear one another in real time. The hearing will be recorded or transcribed. All information gathered during the investigatory, pre- hearing, and hearing process will be taken into consideration.
The decision-maker also cannot make any inferences – positive or negative – about a party’s choice not to be cross-examined or to not answer certain questions.
At the live hearing each party’s advisor is permitted to ask the other party and any witnesses any relevant questions, including follow-up questions and questions challenging credibility. Cross-examination is only permitted by advisors, never any of the involved parties. Trained decision maker(s) will determine the relevance of each question. The respondent and complainant will be treated with dignity, courtesy, and professionalism. If a party does not have an advisor, the Institute will appoint an advisor to serve the party through the hearing to engage in cross-examination of the parties and witnesses.
In an effort to follow Title IX guidelines, the Institute will adhere to a preponderance-of-the-evidence standard. There must be substantial evidence showing that the alleged incident/behavior is “more likely than not” to have happened in order for disciplinary action to take place.
Informal Resolution
If the Complainant does not wish to move forward with an investigation of a formal complaint, the option for informal resolution of the complaint, such as mediation or restorative justice will be explored if appropriate. Some minor incidents can be resolved through facilitation or other interventions as long as both parties give voluntary, informed written consent to attempt information resolution. The Title IX Coordinator or other individual who facilitates the information resolution must be fully trained to oversee this process.
The Institute may not require as a condition of enrollment or continuing enrollment, or employment or continuing employment, or enjoyment of any other right, waiver of the right to a formal investigation and adjudication of formal complaints of sexual harassment. Additionally, the Institute may not require the parties to participate in an informal resolution process and may not offer an informal resolution process unless a formal complaint is filed.
Facilitation of information resolutions are not appropriate for any allegations involving an employee and a student. In these circumstances, the Institute will never facilitate informal resolution.
Determination and Sanctioning
Following the hearing, the decision maker(s) will issue a written Determination regarding responsibility. The document will include the following:
- The allegations that could constitute sexual harassment
- A description of the procedural steps undertaken, including notifications to parties, interviews and site visits, methods used to gather evidence, and hearings
- Findings of fact that support the determination regarding responsibility
- Conclusions about the application of the institution’s policy or policies to the facts
- An explanation regarding the result of each allegation, including the determination of responsibility, any disciplinary actions against the respondent, and any remedies to be provided to the complainant
- Statement of no retaliation
- Procedures and bases for appeal.
Appeals
Students and employees have the right to appeal by submitting an appeal request. Appeals must be received within 5 business days of receiving the written Determination Regarding Responsibility. When an appeal is filed, the Institute will notify all parties in writing, identify who will hear and decide the appeal, and ensure that the appeal decider(s) is free of bias and is properly trained. Those involved in the appeal decision will not be the Title IX Coordinator, the investigator(s), or the decision maker(s) from the previous review of the case.
Both parties have the opportunity to submit written statements which will be considered before the appeal decider(s) prepare a written decision outlining the result and rationale of the appeal decision. The decision of the appeal decider/committee is final.
An appeal will be allowed if any of the following is asserted:
- Procedural irregularities affected the outcome
- New evidence that could affect the outcome
- Bias of the Title IX Coordinator, investigator or decision-maker
OTHER LANGUAGE TO CONSIDER:
Penalties
The range of Institute penalties and sanctions shall include, but are not limited to: alteration of class or work schedule, loss of privileges, restitution, conduct probation, mandated counseling, and/or termination from school or the workplace.
Violations of the law regarding rape or sexual offenses may be subject to prosecution through both legal and civil authorities. Such legal decisions are separate from, but may supersede, any INSTITUTE disciplinary decisions.
Confidentiality
INSTITUTE will make every reasonable effort to preserve an individual’s privacy and protect the confidentiality of information within parameters imposed by the law. If you decide to report the crime to the police, you can be assured your name will not be made public
[Reference to Clery Act requirements] The Institute may issue a safety awareness alert, consisting of brief description including time and location, to notify the community about the occurrence of a serious crime or pattern of crimes that might put the public at risk. INSTITUTE is also required by law to tabulate and annually report sexual assault and other campus crime statistics to the public. Names, addresses, or any other identifying information will not be included in this report.
INSTITUTE is required to keep Title IX proceedings confidential except as permitted by FERPA or required by law. All records and materials pertaining to the case must be kept on file for 7 years.
PA State Law
Information about how this policy interacts with the state law sexual harassment and/or code of student conduct
Initial Reporting Procedures
Any student, faculty, or staff member who believes they are a victim of sexual assault should contact the police directly at 911 and then notify Title IX Coordinator, Bobbie Jo Putnam, at the Institute by calling 267-406-1157 or emailing [email protected]. Confidentiality will be maintained to the extent requested by the victim. While maintaining the victim’s request for confidentiality, the initial contact person must notify the Cheltenham Township Police Department (215-885-1600) that an alleged sexual assault has occurred. You may also contact the following hotlines to assist you: Women’s Center of Montgomery County 800-773-2424 Victims Services Center of Montgomery County 888-521-0983 Women Organized Against Rape 215-985-3333 Women Against Abuse Hotline 866-723-3014 National Sexual Assault Hotline 800.656.HOPE National Coalition of Anti-Violence Programs (LGBT) 212.714.1141
Anonymous Reporting
An anonymous report will prompt an initial assessment and/or may result in an investigation. However, Won Institute’s ability to respond effectively may be limited by the level of information provided and/or the anonymity of the report. All anonymous reports are referred directly to the Title IX Coordinator.