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Saint Francis University, inspired by its Franciscan and Catholic identity, values equality of opportunity, human dignity, racial, cultural, and ethnic diversity, both as an educational institution and as an employer. Accordingly, the University prohibits and does not engage in discrimination or harassment on the basis of gender, gender identity, age, race, color, ethnicity, religion, sexual orientation, marital status, disability, pregnancy status, veteran status, predisposing genetic characteristic or any protected classification. Saint Francis University will not tolerate sexual violence, dating violence, domestic violence, stalking, or sexually inappropriate conduct in any form. The University is committed to this policy based upon its values and as required by Title IX of the Education Amendments Act of 1972, the Americans with Disabilities Act of 1990, Section 504 of the Rehabilitation Act of 1973, Title VII of the Civil Rights Act of 1964, and other applicable statutes and University policies. This policy applies to all programs and activities of the University, including, but not limited to, admission and employment practices, educational policies, scholarship and loan programs and athletic or other University sponsored programs. Saint Francis University affirms its commitment to promote the goals of fairness and equity. All policies contained herein are subject to resolution using the University’s Equity Grievance Process, as detailed below. The Equity Grievance Process applies regardless of the status of the parties involved, who may be members or non-members of the campus community, students, student organizations, faculty, administrators and/or staff. The University reserves the right to act on incidents occurring on campus or off-campus, when the off-campus conduct could have an on-campus impact or impact on the mission of the University. The Associate Vice President and Title IX Coordinator is the Title IX/Equity/Affirmative Action and ADA/504 Coordinator and oversees implementation of the University’s Affirmative Action and Equal Opportunity plan, disability compliance, and the University’s policy on equal opportunity, discrimination, harassment, sexual misconduct, and relationship violence. Reports of discrimination, harassment, sexual misconduct, relationship violence, and/or retaliation should be made to the Title IX Coordinator promptly, but there is no time limitation on the filing of allegations, as long as the accused individual remains subject to the University’s jurisdiction. Reporting is addressed more specifically below. This policy applies to behaviors that take place on the campus, at university-sponsored events and may also apply off-campus and to actions online when the Title IX Coordinator determines that the off-campus conduct affects a substantial University interest. A substantial University interest is defined to include:
a) Any situation where it appears that the accused individual may present a danger or threat to the health or safety of him/herself or others;
b) Any situation that significantly impinges upon the rights, property or achievements of self or others or significantly breaches the peace and/or causes social disorder; and/or
c) Any situation that is detrimental to the educational interests of the University.
Inquiries about this policy and procedure may be made internally to:Ms. Heather Meck, Associate Vice PresidentTitle IX Coordinator102A Raymond Hall(814) 472-3213Email: email@example.comOR a Title IX team member:
Ms. Lynne Banks, Associate Dean of StudentsPadua Hall 232B, firstname.lastname@example.org, 814.472.3352Mr. Donald Miles, Director of Residence LifePadua Hall 227, email@example.com, 814.472.3380Dr. Peter Skoner, Associate Provost Scotus Hall 313, firstname.lastname@example.org, 814.472.3085Robert Fatula, Director of Campus Safety and PoliceSmall Business Development Center, email@example.com, 814.472.3361Marian Bender, Director of Human ResourcesRaymond Hall 101, firstname.lastname@example.org, 814.472.3931Erika Renwick, Senior Associate Director of AthleticsStokes Athletics Center 153, email@example.com, 814.472.3294Inquiries may be made externally to:Office for Civil Rights (OCR)U.S. Department of Education400 Maryland Avenue, SWWashington, DC 20202-1100Customer Service Hotline #: (800) 421-3481Facsimile: (202) 453-6012 TDD#: (877) 521-2172Email: OCR@ed.govWeb: http://www.ed.gov/ocr
Policies and Procedures:1. Nondiscrimination2. Accommodation of Disabilities3. Discriminatory Harassment4. Consensual Relationships5. Other Misconduct Offenses6. Retaliation7. Remedial Action8. Confidentiality and Reporting of Offenses 9. Federal Timely Warning Obligations10. Resolution Process for Harassment, Sexual Misconduct, Stalking, and Other Forms of Discrimination11. Revision
Saint Francis University fully subscribes to all federal and state civil rights laws banning discrimination in private institutions of higher education. Therefore, any member of the campus community, guest or visitor who acts to deny, deprive or limit the educational, employment, [residential] and/or social access, benefits and/or opportunities of any member of the campus community on the basis of a protected class is in violation of the University policy on nondiscrimination. When brought to the attention of the University, any such discrimination will be appropriately remedied by the University according to the procedures below.
The University is committed to full compliance with the Americans With Disabilities Act of 1990 (ADA) and Section 504 of the Rehabilitation Act of 1973, which prohibit discrimination against qualified persons with disabilities, as well as other federal and state laws pertaining to individuals with disabilities. Under the ADA and its amendments, a person has a disability if he or she has a physical or mental impairment that substantially limits a major life activity. The ADA also protects individuals who have a record of a substantially limiting impairment or who are regarded as disabled by the institution whether qualified or not. A substantial impairment is one that significantly limits or restricts a major life activity such as incident review, seeing, speaking, breathing, performing manual tasks, walking, or caring for oneself.
b. Employees with DisabilitiesPursuant to the ADA, University will provide reasonable accommodation(s) to all qualified employees with known disabilities, where their disability affects the performance of their essential job functions, except where doing so would be unduly disruptive or would result in undue hardship.An employee with a disability is responsible for requesting an accommodation in writing from the Director of Human Resources, who will consult with the individual and his/her supervisor to identify which essential functions are affected by the employee’s disability and what reasonable accommodation(s) could enable the employee to perform those duties.Employees requesting accommodation may be required to provide medical certification from the employee’s health care provider that includes: (1) identification of the health care provider; (2) the health care provider’s diagnosis of the disabling condition; (3) specific limitations and/or suggested restrictions and their relation to the disability; and (4) suggested accommodations.
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Students, faculty, administrators, and staff are entitled to a professional working and educational environment, and University is committed to providing a work and educational environment free of discriminatory harassment. Consistent with the University’s policy on academic freedom (Article XII, Section 1, of the Faculty Handbook), the University’s harassment policy is not meant to inhibit or prohibit educational content or discussions inside or outside of the classroom that include relevant, but controversial or sensitive subject matters. The sections below describe the specific forms of legally prohibited harassment that are also prohibited under University policy.
a. Discriminatory and Bias-Related Harassment Harassment constitutes a form of discrimination that is prohibited by law. The University’s harassment policy explicitly prohibits any form of harassment on the basis of actual or perceived membership in a protected class, by any member or group of the community, which creates a hostile environment, both objectively and subjectively. A hostile environment may be created by oral, written, graphic, or physical conduct that is sufficiently severe, persistent or pervasive so as to interfere with, limit or deny the ability of an individual to participate in or benefit from educational programs or activities or employment access, benefits or opportunities. The University condemns and will not tolerate discriminatory harassment against any employee, student, visitor or guest on the basis of gender, gender identity, age, race, color, ethnicity, religion, sexual orientation, marital status, disability, pregnancy status, veteran status, predisposing genetic characteristic or any protected classification.
c. Sexual MisconductPennsylvania state law defines various violent and/or non-consensual sexual acts as crimes. Additionally, Saint Francis University has defined categories of sexual misconduct, as stated below, for which action under this policy may be imposed. Generally speaking, the University considers Non-Consensual Sexual Intercourse violations to be the most serious, and therefore typically imposes the most severe sanctions, including suspension or expulsion for students and termination for employees. However, the University reserves the right to impose any level of sanction, up to and including suspension or expulsion/termination for any act of sexual misconduct or other gender-based offenses based on the facts and circumstances of the particular allegation. Acts of sexual misconduct may be committed by any person upon any other person, regardless of the sex, gender, sexual orientation and/or gender identity of those involved. Violations include:I. Sexual Harassment (as defined above)II. Non-Consensual Sexual IntercourseDefined as:
Saint Francis University117 Evergreen DriveP.O. Box 600Loretto, PA 15940