Title IX

Prohibited Conduct Under This Policy

A. Sex Discrimination

Sex Discrimination under this policy includes discrimination on the basis of:

• Sex stereotypes;
• Sex characteristics;
• Pregnancy or related conditions;
• Sexual orientation, and;
• Gender identity.

B. Sex Based Harassment – Title IX

There are six types of prohibited conduct that qualify as “sex based harassment” under Title IX, each of which is defined more specifically below:  (1) quid pro quo, (2) hostile environment conduct, (3) sexual assault, (4) dating violence, (5) domestic violence, and (6) stalking.  The definitions used here are required by federal regulations.

Sex Based Harassment– Title IX is any of the following:

• Quid Pro Quo - Conduct on the basis of sex where a University employee conditions the provision of an aid, benefit, or service of the University on an individual’s participation in unwelcome sexual conduct;

• Hostile Environment Harassment - Unwelcome, sex-based conduct, that based on the totality of the circumstances, is subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from the University’s program or activity.

  1. Whether a hostile environment has been created is a fact-specific inquiry that includes consideration of the following: the degree that the conduct affected the Complainant’s ability to access the University’s educational program or activity; type, frequency, and duration of the conduct; ages, roles, previous interactions and other relevant factors about the parties; location and context of the conduct; and other sex-based harassment in the program or activity.

• “Sexual Assault” is engaging or attempting to engage in one of the following activities with another individual without consent or where the individual cannot consent because of age or temporary or permanent mental incapacity:
  

• 1. Sexual penetration (anal, oral, or genital), including penetration with a body part (e.g. penis, finger, hand, or tongue) or an object, however slight;

  2. Intentional touching of the intimate body parts of another, or intentional touching with one’s intimate body parts, for the purpose of sexual gratification. Intimate body parts include but are not limited to, the mouth, neck, buttocks, anus, groin, genitalia, breast, or the clothing covering these parts; however, sexual contact can occur with any part of the body;

  3. Sexual intercourse (anal, oral, or genital) when prohibited by state law, including sexual intercourse between individuals who are not permitted to marry, and sexual intercourse with a person who is under the statutory age of consent.

• “Dating violence” means violence committed by a person on the basis of sex:

  1. Who is or has been in a social relationship of a romantic or intimate nature with the victim; and

  2. Where the existence of such a relationship shall be determined based on a consideration of the following factors:

     1. The length of the relationship;

     2. The type of relationship;

• The frequency of interaction between the persons involved in the relationship.

• “Domestic violence,” which is defined to include felony or misdemeanor crimes of violence committed on the basis of sex:

  1. by a current or former spouse or intimate partner of the victim;

  2. by a person with whom the victim shares a child in common;

  3. by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner;

  4. by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction; or

  5. by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction.

• “Stalking” means engaging in a course of conduct on the basis of sex directed at a specific person that would cause a reasonable person to:

  1. Fear for his or her safety or the safety of others; or

  2. Suffer substantial emotional distress.

C. Stalking – Non Title IX

Stalking – Non Title IX includes conduct that would meet the definition of Stalking under Section III(B), except that it is not on the basis of sex.

D. Sexual Exploitation

Sexual Exploitation is taking advantage of another’s sexuality in a non-consensual manner.  Examples of Sexual Exploitation include, but are not limited to:

• The non-consensual viewing of nudity of another;
• The non-consensual streaming of images of sexual activity;
• The non-consensual sharing or posting of nude images of another;
• The non-consensual recording of individuals in locations in which they have a reasonable expectation of privacy (such as restrooms or locker rooms) even if the images do not capture nudity;
• Intentionally exposing one’s genitals to another person in non-consensual circumstances;
• Knowingly exposing another to a sexually transmitted disease under circumstances that could reasonably lead to transmission of the disease; and
• Inducing incapacitation of another via drugs and/or alcohol for purposes of making that person vulnerable to non-consensual sexual conduct or non-consensual sexual contact.

E. Retaliation

Retaliation means intimidation, threats, coercion, or discrimination against any person by the recipient, a student, or an employee or other person authorized by the recipient to provide aid, benefit, or service under the recipient’s education program or activity, for the purpose of interfering with any right or privilege secured by Title IX or its regulations, or because the person has reported information, made a complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under the Title IX regulations.

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 does not constitute retaliation.  A determination regarding responsibility, alone, is not sufficient to conclude that any party made a materially false statement in bad faith.

How and to Whom to Report Sexual Harassment

For urgent, emergency cases (e.g., sexual assault), please call the 24-hour emergency Chatham Public Safety hotline at 412-365-1111 or the City of Pittsburgh Police at 9-1-1. 

• Who can make a report?
  Any member of the Chatham community may report sex discrimination, including sexual harassment, whether or not the person reporting is the person alleged to be the victim of conduct that could constitute sex discrimination or sexual harassment. 
• How can a report be made?
  A report of sexual harassment may be made in person, by phone, email, or letter; or through Chatham’s online reporting format (see below) which goes directly to Chatham’s Title IX Coordinator.

A report can be made to either (a) Chatham’s Title IX Coordinator (see contact information immediately below) or (b) to any Chatham official in authority to institute corrective measures.

Reports of Sexual Harassment, including Sexual Assault, also may be made to any Responsible Employee at Chatham. Responsible Employees have an obligation to promptly report incidents of Sexual Harassment, including Sexual Assault, that have been reported to them, to the Title IX Coordinator, or to one of the Deputy Title IX Coordinators. 

Responsible Employees include all Chatham employees except the professional counselors in the Counseling Center or Health Services staff. This includes: Adjunct Faculty and Teaching Assistants; all Administrators, including Vice Presidents, Assistant Vice Presidents, Program Directors, Department Chairs, Deputy Title IX Coordinators, and Intern Assistant Administrators; all Head Coaches, Assistant Coaches, and Intern Assistant Coaches; and all Residence Life staff, including Resident Assistants and Graduate Resident Directors.

Among the benefits of the Responsible Employee concept are that it cultivates a culture of reporting, provides clarity to the campus community, and provides the opportunity to respond and take corrective action as appropriate.  For these reasons, and even though not every Responsible Employee will be a “Chatham official in authority to institute corrective measures,” Chatham will continue to utilize the Responsible Employee model.

• How to contact (1) Chatham’s Title IX Coordinator, (2) a Responsible Employee, or (3) file an online report:
  • Contact Chatham’s Title IX Coordinator:
    Joe Hall – Interim Title IX Coordinator and Consultant
    216-523-5481
    TitleIX@chatham.edu
  • Contact a Chatham official in authority to institute corrective measures or a Responsible Employee: see the Chatham Directory on myChatham.edu.
  • Utilize the Online anonymous reporting form found here: Submit an online Incident Report * 

*The online Incident Report may be submitted anonymously.  If doing so, however, please bear in mind that reports which include greater specificity and facts generally are more helpful in achieving the Title IX Office’s goals of stopping Sexual Harassment, preventing it from happening again, and helping those who have experienced it. Online Incident Reports are received by the Title IX Office and accessed by the Title IX Coordinator who will share them only with other Title IX staff, only as necessary.

Steps to Take if You or Someone You Know Has Experienced Sexual Harassment

• Ensure the safety of yourself and others.
  • Find a safe place
  • Call Campus Safety - 412-365-1111 or 9-1-1
  • Seek assistance from a person you trust
  • If a threat to campus is imminent, a Timely Warning will go out
• Try your best to maintain any physical evidence:
  • Try not to shower, bathe any part of your body, use medications, or brush your teeth. Stay in the clothes you were wearing or wrap them and anything else you came in contact with (bed sheets, etc.) in a clean sheet.  If you choose to put these items in a bag, make sure it’s a paper bag (a plastic bag may destroy evidence).
• Seek medical care for your physical and mental health and to preserve physical evidence. An exam for sexual assault can be completed up to ten (10) days following the assault. Chatham Campus Safety can transport you to and from the hospital.

Magee Women’s Hospital of UPMC:  412-641-4933
UPMC Mercy Hospital:  412-232-8111
Chatham Student Health Services & Counseling Center:  412-365-1282

• Seek counseling support
• Consider your legal options. You may wish to pursue legal action against the person who sexually harassed you.
• If you’re reporting sexual assault, we encourage you to do so both with Campus Police and the local law enforcement authorities. Sexual assault is a violation of both Chatham’s Policy Prohibiting Sexual Harassment and criminal law, and you have the right to pursue a criminal investigation of the sexual assault, in addition to a Title IX complaint and investigation.

Resources and Contacts if You or Someone You Know Has Experienced Sexual Harassment

The following Campus and External Resources are recommended:

Campus Resources

• Campus Title IX Team
  Interim Title IX Coordinator and Consultant
  Joe Hall
  814-332-3085 or TitleIX@chatham.edu
  
  Deputy Coordinators for Students
  Chris Purcell, Ph.D., Vice-President of Student Affairs and Dean of Students
  412-365-1482 or c.purcell@chatham.edu
  
  Deputy Coordinator for Athletics
  Leonard Trevino, Vice President of Athletics
  412-365-1650 or ltrevino@chatham.edu
  
  Assistant Deputy Coordinator for Athletics
  Danielle Pais, Assistant Director of Athletics & Facilities
  412-365-1625 or d.pais@chatham.edu
  
  Deputy Coordinator for Faculty and Staff
  Kristen Bell, Executive Director of Human Resources
  412-365-1680 or K.Bell@Chatham.edu
  
  
• Other Campus Contacts
  Public Safety:  412-365-1230
  Office of Student Affairs:  412-365-1286
  Office of Residence Life:  412-365-1518
  Counseling Services:  412-365-1282 (Confidential)
  Student Health Services:  412-365-1714 (Confidential)
  Athletic Department: 412-365-1519
  Office of Academic & Accessibility Resources:  412-365-1611 (OAAR)
• Advocate Services:
  If you have experienced sexual harassment, many campus resources are available to you.  Feel free to seek help and guidance from your coach, advisor, members of the Student Affairs or Residence Life staff, Counseling Services, and other Chatham staff members. Some of the roles these individuals can play are:
  
  • Address issues related to sexual assault, harassment, and relationship violence
  • Respond to charges of academic absence, conflict or appeal
  • Help you withdraw from a class, if necessary
  • Make referrals to counseling services and other supportive campus and community organizations
  • Educate you about medical procedures and evidence preservation
  • Provide information about legal advocacy
  • Meet with you in a safe place to ensure your comfort
  • Help you track all of the necessary details
  • Assist you with filing a report and navigating the campus conduct system
  • Assist your significant other and friends to help you in the best way possible 

Community Resources

• Pittsburgh Action Against Rape (PAAR)
  Some members of the Chatham community may wish to seek support and advocate services off campus. Pittsburgh Action Against Rape (PAAR) offers 24/7 free confidential helpline and can provide you with advocacy and support services.  PAAR representatives are available any time and can provide counseling and legal support for victims and their families.  All PAAR services are confidential.  Call 1-866-363-7273 to talk with a PAAR representative or to request an advocate.
• Abuse, Sexual Violence, Domestic Violence Contacts & Resources:
  Blackburn Center (Westmoreland County):  724-837-9540 
  National Sexual Assault Online Hotline (RAINN) 24-Hour Nationwide: 1-800-656-4673
  National Domestic Violence Hotline 24-Hour Nationwide:  1-800-799-7233
  Pennsylvania Coalition Against Domestic Violence:  1-800-932-4623
  Pittsburgh Police:  412-323-7800
  Pittsburgh Action Against Rape (PAAR):  1-866-363-7273
  Women’s Center and Shelter of Greater Pittsburgh:  412-687-8005 
  
• Crisis and Suicide Resources:
  Re:solve Crisis Network - 24-Hour Counseling Services:  1-888-796-8226
  Crisis Center North, Inc. - 24-Hour Crisis Hotline:  412-364-5556
  PA 211 - United Way Hotline:  2-1-1 
• Health and Safety:
  Allegheny County Health Department:  412-687-2243
  Pittsburgh AIDS Task Force (PATF):  412-345-7456
  Pittsburgh AIDS Center for Treatment:  1-877-788-7228
  
• Homelessness Services:
  Allegheny County Housing Authority:  412-355-8940
  Bethlehem Haven:  412-391-1348
  FamilyLinks Downtown Outreach Center & Shelter:  412-471-6160 
  
• LGBTQ Resources:
  Gay and Lesbian Community Center (GLCC):  412-422-0114
  Gay, Lesbian, Bisexual, and Transgender Helpline:  1-888-843-4564
  PERSAD Center:  412-441-9786
  
• Pregnancy and Family Planning:
  Adagio Health:  1-800-215-7494
  Birthright of Pittsburgh:  412-621-1988
  Genesis of Pittsburgh:  412-766-2693  
  Pittsburgh Family Planning Center (Planned Parenthood):  412-434-8971

Pursuing a Criminal Complaint 

A Complainant has the right to proceed with a Title IX Investigation and a criminal investigation simultaneously when the alleged Sexual Harassment is a criminal offense (e.g., sexual assault).  If a Complainant would like to pursue a criminal investigation, Chatham will, at the Complainant’s request, facilitate an introduction to the appropriate Pittsburgh law enforcement agency. 

If the Complainant files a criminal complaint with a local law enforcement agency, Chatham will comply with the law enforcement agency’s requests for cooperation. Such cooperation may require Chatham to temporarily suspend the fact-finding aspect of a Title IX investigation while the local law enforcement agency gathers evidence.  In such cases, any Supportive Measures provided will remain in effect, and the parties will be notified if the timeline of the investigation will need to be amended accordingly.  However, Chatham will resume its Title IX investigation as soon as notified by the law enforcement agency that it has completed the evidence-gathering process. 

It is important to note that a Title IX investigation is not a criminal investigation.  A Title IX investigation differs from criminal investigations in a number of respects: it applies a different standard of proof (“preponderance of the evidence” vs. “beyond a reasonable doubt”), it cannot avail itself of many of the investigative tools that law enforcement agencies and prosecutors have at their disposal (e.g., subpoenas, depositions under oath, forensic tools), and it cannot result in the imposition of a jail sentence. Another difference is that law enforcement has the discretion to investigate an allegation of a sexual assault, but a university that is subject to Title IX must investigate any allegation of a sexual assault where a Complainant has filed a Formal Complaint, regardless of whether local police decide to file charges.