Sexual Misconduct Policy

Villanova University

The most up-to-date Sexual Misconduct Policy can be found here.

 

 

  1. Introduction
 
  1. Scope and Jurisdiction
 
  1. Prohibited Conduct and Definitions
 
  1. Prohibited Conduct
 
  1. Definitions of Consent and Other Key Terms Used in this Policy
 
  1. Confidentiality and Privacy Considerations
 
    1. Confidential resources
 
    1. Private, Non-Confidential Resources
 
    1. All other employees
 
  1. Reporting an Incident of Sexual Misconduct
 
  1. Making a Report
 
      1. Reporting to Law Enforcement
 
      1. Reporting to the University
 
      1. Anonymous Reporting
 
  1. Medical Treatment and Preservation of Evidence
 
  1. Supportive Measures
 
  1. What Happens Following a Disclosure or Report
 
  1. Preliminary Inquiry and Intake Meeting
 
  1. How to File a Formal Complaint
 
  1. If a Complainant Chooses Not to File a Formal Complaint
 
  1. Consolidation of Complaints
 
  1. Counterclaims
 
  1. Dismissal of Formal Complaints
 
  1. What Happens Following a Formal Complaint
 
  1. Timeframe for Resolution
 
  1. Advisor of Choice
 
  1. Investigations Under this Policy
 
  1. Evidence Review
 
  1. Investigative Report
 
  1. Informal Resolution
 
  1. Special Procedures
 
  1. Resources for Respondents
 
  1. Disability Accommodations
 
  1. Prevention and Education Programs
 
  1. Documentation
 

Appendix A: Campus and Community Resources

 

Appendix B: Title IX Notice of Nondiscrimination

 

Note on gender-inclusive language: Portions of this policy utilizes they/them/their as singular pronouns.

  1. INTRODUCTION

Villanova University seeks to foster and maintain a community of mutual respect and concern for all of its members. There can be no greater violation of the terms of that community, or of the essential dignity of any member of it, than an act of sexual assault, sexual harassment, dating violence, domestic violence, stalking or other forms of misconduct described in this Policy (collectively referred to as “sexual misconduct”). These acts constitute the deepest affront to University standards and will not be tolerated in any form.  The University expects all members of the Villanova community to conduct themselves in a manner consistent with the Villanova Mission Statement and its Enduring Commitments available at http://www1.villanova.edu/villanova/president/about_university/mission./html and all applicable University policies. This Policy provides the framework for eliminating sexual misconduct from our community, preventing its recurrence, and addressing its effects.

Villanova University prohibits sexual misconduct, as detailed in the definitions below and as further clarified in some instances under Federal and Pennsylvania law. Some acts constitute prohibited conduct under Title IX of the Education Amendments of 1972, the Jeanne Clery Disclosure of Campus Security Act (Clery Act), as amended by the Violence Against Women Reauthorization Act of 2013 (VAWA), and other Federal and State laws. Acts of sexual assault, dating violence, domestic violence or stalking may also be violations of the Pennsylvania Criminal Code. Pennsylvania criminal law definitions can be found at https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/18/18.HTM. The University reserves the right to address behavior that violates this Policy regardless of whether the conduct also violates Federal, State and/or municipal civil or criminal law.

Villanova prohibits all forms of sexual misconduct, as defined in Section II of this Policy, and any person, including students, staff, and faculty, found responsible for such conduct will face disciplinary actions up to and including dismissal or expulsion from the University.  See Appendix B for the complete Title IX Notice of Non-Discrimination, applicable to matters involving conduct prohibited under Title IX. 

Should an incident of sexual misconduct occur, the University has both reporting procedures and support resources in place so that no one needs to face the effects of such an incident alone. The first concern is for the safety, health, and well-being of those affected. Confidential and private options for support and reporting are available both on and off campus (Section IV & Appendix A).  The University has also adopted grievance procedures to identify, investigate, adjudicate, and address reports of sexual misconduct.  

It is the responsibility of every member of the Villanova community to foster an environment free from sexual misconduct.  All members of the community are strongly encouraged to take reasonable and prudent actions to prevent or stop an act of sexual misconduct.  This may include direct intervention when safe to do so, enlisting the assistance of others, contacting law enforcement, or seeking assistance from a person in authority.  Community members who choose to exercise this positive responsibility will be supported by Villanova University and protected from retaliation.

Anyone making a report, filing a complaint, or participating in the investigation or resolution of an allegation of sexual misconduct is protected by law and this Policy from retaliation. The University will take prompt and responsive action to all reports of retaliation.

 The University will respond promptly and equitably to all reports of sexual misconduct to ensure the safety of the reporting person and the Villanova community, and to provide an environment that is free from gender and sex discrimination.

 

  1. SCOPE AND JURISDICTION

This policy protects all members of the Villanova community, including students, staff, faculty, and third parties who are participating or attempting to participate in the University’s programs or activities. All community members share the responsibility for creating and maintaining an environment that promotes the safety and dignity of each person.

This policy applies to on-campus conduct as well as any off-campus conduct by a University student, faculty or staff that has an adverse impact on any member of the University community or the University. All conduct outlined below is prohibited under this policy and, in some instances, may also constitute behavior prohibited under Title IX.  In order to fall under the scope of Title IX, the conduct must take place during a Villanova University education program or activity in the United States, which includes:

  • All of the University’s operations
  • Any on-campus premises
  • Any off-campus premises, events, or circumstances over which Villanova University has substantial control over both the Respondent and the context in which the conduct occurs including any buildings or property owned or controlled by a student organization that is officially recognized by the University
  • Activity occurring within computer and internet networks, digital platforms, and computer hardware or software owned or operated by, or used in the operations of, Villanova University’s programs and activities over which the University has substantial control over both the Respondent and the context in which the conduct occurs.

Any individual may make a report to the University.  A formal complaint may be filed under this Policy by a student, faculty, staff or other individual who is participating in, or attempting to participate in, the University’s education program or activity at the time of filing the complaint.  Additionally, in certain circumstances, the Title IX Coordinator may file a formal complaint to address the safety of the broader educational community.

The University’s ability to respond to a report of prohibited conduct under this policy is based on its disciplinary authority over the Respondent.  If the Respondent is not an employee or student, the University’s ability to take disciplinary action will be limited and is determined by the context of the prohibited conduct.

  1. PROHIBITED CONDUCT AND DEFINITIONS
  1. PROHIBITED CONDUCT

SEXUAL MISCONDUCT: The term sexual misconduct is a comprehensive term that encompasses any unwelcome conduct of a sexual nature and includes dating violence, domestic violence, sexual assault, sexual exploitation, sexual and gender-based harassment and stalking.

SEXUAL ASSAULT: Having or attempting to have sexual intercourse or sexual contact with another person without consent. This includes sexual intercourse or sexual contact achieved by the use or threat of force or coercion, where a person does not consent to the sexual act, or where a person is incapable of giving consent because of their age or their temporary or permanent mental or physical incapacity. Sexual assault includes rape, fondling, incest, and statutory sexual assault, defined as follows:

  • Rape – Attempted or Actual Penetration(s): Causing or attempting to cause non-consensual 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.
  • Fondling – Non-Consensual Sexual Contact: The non-consensual touching of the private body parts of another, for the purpose of sexual gratification.  This can include causing the other to touch the Respondent’s private body parts.
  • Incest – Incest is sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
  • Statutory Sexual Assault – Statutory sexual assault is sexual intercourse with a person who is under the statutory age of consent. In Pennsylvania, individuals under 13 years of age can never consent to intercourse; individuals younger than 16 years of age can never consent to intercourse with a partner more than four years their senior.

SEXUAL EXPLOITATION: Sexual exploitation is an act or omission to act that involves taking non-consensual or abusive sexual advantage of another, either for personal advantage or to benefit or advantage anyone other than the Complainant. Examples of sexual exploitation include but are not limited to the following:

  • Creating images, photography, video, written, or audio recording of sexual activity, undressing, and/or nudity, or distribution of such without the knowledge and consent of all parties involved
  • Engaging in sexual extortion by threatening to distribute real or perceived to be real images, photography, video, written, or audio recordings of sexual activity, undressing, and/or nudity, in exchange for anything of value;
  • Voyeuristic behaviors such as observing or facilitating observation of sexual activity, undressing and/or nudity of another person, without the knowledge and consent of that person;
  • Engaging in sexual behavior while knowingly exposing another individual to a sexually-transmitted infection (STI) or human immunodeficiency virus (HIV) without full and appropriate disclosure to the other person of all health and safety concerns;
  • Engaging in or attempting to engage others in any sexual behavior in exchange for something of value;
  • Intentionally, knowingly, or surreptitiously providing drugs or alcohol to a person for the purpose of sexual exploitation; or
  • Exposing another person to sexually explicit or lewd material without the person’s advanced knowledge and consent.

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 for their safety, or the safety of others, or suffer substantial emotional distress. The course of conduct means two or more instances including but not limited to unwelcome acts in which an individual directly, indirectly or through third parties, by any action, method, device, or means follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property. This includes cyber-stalking, a particular form of stalking in which electronic media such as the internet, social networks, blogs, cell phones, texts, or other similar devices or forms of contact are used to pursue, harass, or make unwelcome contact with another person. Substantial emotional distress means significant mental suffering or anguish.

SEXUAL HARASSMENT. Sexual harassment is unwelcome conduct of a sexual nature whether verbal, non-verbal, graphic, physical, electronic, or otherwise including but not limited to:

  • Sexual advances
  • Non-consensual kissing
  • Requests for sexual favors
  • Quid pro quo - employee explicitly or implicitly conditions the provision of an employment or academic aid, benefit, or service of the University on an individual’s participation in unwelcome sexual conduct.
  • Hostile environment - unwelcome conduct that a reasonable person would find so severe, pervasive, and objectively offensive that it denies a person equal access to a University education program or activity.

DATING VIOLENCE: Dating violence is an act of violence or the threat of 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 is determined based upon the length of the relationship, the type of the relationship and the frequency of interaction between the persons involved in the relationship. Includes physically, sexually, and/or psychologically abusive behavior that arises in the form of a direct violent act, or indirectly as acts that expressly or implicitly threaten violence. Dating violence also occurs when one partner attempts to maintain power and control over the other through one or more forms of abuse, including sexual, physical, verbal, financial or emotional abuse.

DOMESTIC VIOLENCE: Domestic violence is an act of violence or threat of violence committed by a current or former spouse or intimate partner, or by a person with whom the Complainant shares a child in common. Domestic violence also includes a crime of violence against a person who is cohabitating with or has cohabitated with the Complainant as a spouse or intimate partner, by a person similarly situated to a spouse of the Complainant under domestic or family violence laws of the Commonwealth 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 the Commonwealth of Pennsylvania. Includes physically, sexually, and/or psychologically abusive behavior that arises in the form of a direct violent act, or indirectly as acts that expressly or implicitly threaten violence. Domestic violence also occurs when one partner attempts to maintain power and control over the other through one or more forms of abuse, including sexual, physical, verbal, financial or emotional abuse.

RETALIATION: Retaliation includes, but is not limited to, intimidation, threats, coercion, or discrimination against any individual for the purpose of interfering with any right or privilege secured by Title IX or its regulations, or because they have made a report or complaint of sexual misconduct or participated or refused to participate in criminal proceedings or University processes under this policy.  Retaliation may be committed by any person or group of people, not just a Respondent or Complainant. It may be committed against the Complainant, Respondent, or person or group of people involved in the investigation and/or resolution of an allegation of sexual misconduct. Retaliation could occur before, during or after an investigation, University proceedings, and/or resolution.

 

  1. DEFINITIONS OF CONSENT AND OTHER KEY TERMS USED IN THIS POLICY

CONSENT, FORCE, COERCION, AND INCAPACITATION

CONSENT: Consent is an explicitly communicated, mutual agreement in which all parties are capable of making a decision.  Consent is the voluntary, informed, and freely given agreement to participate in agreed-upon sexual acts. Consent can be given by words or actions, as long as those words or actions create mutually understood clear permission regarding agreement to engage in the sexual activity.   Consent cannot be obtained through physical force, intimidation, or coercion; where there is a reasonable belief of the threat of force; by taking advantage of another person’s mental or physical incapacitation; or any other factor that would compromise someone’s ability to exercise their own free will to choose whether to have sexual contact.

In evaluating whether consent has been freely sought or given, the University will consider the presence of any force, threat of force, or coercion; whether the Complainant had the capacity to give consent; and, whether the communication (through words and/or actions) between the parties would be interpreted by a reasonable person (under similar circumstances and with similar identities) as an agreement to engage in a particular sexual act.

The following further clarifies the meaning of consent:

  • Consent to one form of sexual activity does not imply or constitute consent to engage in all or other forms of sexual activity.
  • Consent may not be inferred from silence, passivity, lack of resistance or lack of an active response alone. A person who does not physically resist or verbally refuse sexual activity is not necessarily giving consent.
  • If at any time it is reasonably apparent that either party is hesitant, confused, or unsure, both parties should stop and discuss what, if any, consent is present before continuing sexual activity.
  • Consent on a prior occasion does not constitute consent on a subsequent occasion.
  • Consent to an act with one person does not constitute consent to an act with any other person.
  • Consent may be withdrawn or modified by either party at any time. Once withdrawal of consent has been clearly expressed through words or actions, sexual activity must cease.
  • A person who is physically incapacitated from alcohol or other drug consumption (voluntarily or involuntarily), or is unconscious, unaware, or otherwise physically impaired, is considered unable to give consent. For example, a person who is asleep or passed out cannot give consent.
  • Engagement in a previous or current intimate relationship does not automatically give either initial or continued consent to sexual activity. Even in the context of a relationship, there must be mutually understandable communication that clearly indicates consent to engage in sexual activity on every occasion.

FORCE: Force is the use or threat of physical violence or intimidation to overcome a person’s freedom of will to decide whether to engage in sexual contact.

COERCION: Coercion includes the use of pressure and/or oppressive behavior, including expressed or implied threats of harm or severe and/or pervasive emotional intimidation, which (a) places a person in fear of immediate or future harm or physical injury of themselves or another person, or (b) causes a person to engage in unwelcome sexual activity in which they would not otherwise choose to engage. When someone makes clear that they do not want to engage in certain sexual activity, that they want to stop, or that they do not want to go past a certain point of sexual interaction, continued pressure beyond that point can be coercive.

INCAPACITATION: Incapacitation is the inability, temporarily or permanently, to give consent, because the person is mentally and/or physically impaired due to: illness; disability; voluntary or involuntary alcohol or other drug consumption; and/or being unconscious, asleep, or otherwise unaware that the sexual activity is occurring. Incapacitation means a person cannot understand the fact, nature, or extent of the sexual activity because they lack the physical and mental capacity to make informed, reasonable judgements about whether or not to engage in sexual activity.

For example, a person may be incapacitated if they demonstrate that they are unaware of where they are, how they got there, or why or how they became engaged in a sexual interaction. Additional indicators of incapacitation may include, but are not limited to, lack of control over physical movements (ie. clumsiness, difficulty walking), poor judgment, difficulty concentrating, slurred speech, vomiting, combativeness, emotional volatility, being unaware of circumstances or surroundings, being passed out, or inability to communicate for any reason.

OTHER KEY TERMS

ADVISOR OF CHOICE:  Parties participating as a Complainant or Respondent in this process have equal right to be accompanied by an advisor of choice to any grievance proceeding or related meeting under this Policy.  Parties must be accompanied by an advisor to any hearing.  If a party does not have an advisor of choice at the time of a hearing, the University will provide an advisor to that party, free of cost, for the purpose of conducting cross-examination. The advisor is not an advocate and any restrictions on advisor participation will be applied equally to both parties.

COMPLAINANT: The person who reports that they have been the subject of sexual misconduct as defined in this policy and/or under Title IX, as applicable.

DEPUTY TITLE IX COORDINATOR: Deputy Title IX Coordinators are appointed employees from various departments to function as a Title IX Coordinator, when needed, including receiving reports of alleged sexual misconduct, discussing with the Complainant and/or Respondent the availability of supportive measures, and providing information regarding the University’s policies and procedures. The Deputy Title IX Coordinators are knowledgeable and trained in Federal and State laws that apply to matters of sexual misconduct, as well as University policy and procedure.   The list of Deputy Title IX Coordinators can be found in the Title IX Notice of Non-Discrimination in Appendix B.

DISCLOSURE: Disclosure occurs when a person shares with another individual that they have experienced sexual misconduct.  Making a disclosure is not the same as filing a formal complaint. (See Section V for more information).

FORMAL COMPLAINT: A document filed by a Complainant or signed by the Title IX Coordinator alleging sexual misconduct against a Respondent and requesting that the University investigate the allegation of sexual misconduct.

PREPONDERANCE OF THE EVIDENCE: The standard of proof used by decision-makers in determining responsibility for reported policy violations.  The standard of proof is met when the decision-maker determines that it is more likely than not that the Respondent is responsible for the alleged sexual misconduct.

REPORT: Any notice to the Title IX Coordinator or a Deputy Title IX Coordinator regarding an allegation of sexual misconduct.  This includes, but is not limited to, email, telephone, in person or through an online reporting option. A report is not the same as filing a formal complaint.  (See Section V for more information).

REPORTING PERSON: The person reporting that they or another person experienced sexual misconduct as defined in this policy.  This person may also be the Complainant.

RESPONDENT: The person who is reported to have committed conduct that could constitute sexual misconduct. 

RESPONDENT RESOURCE COORDINATOR (RRC) TEAM: The University has designated the RRC team to provide assistance to any student accused of sexual misconduct. The RRC may meet with the Respondent to assist with: accessing emotional support; connecting with on campus and community resources, outlining available supportive measures; and assisting with other questions and concerns to address the matter under this policy.   Members of the RRC Team are available 9 am to 5 pm, Monday-Friday and can be reached by emailing respondentresource@villanova.edu or calling 610-519-8807.  Members of the RRC Team do not act as legal counsel and do not serve as advisors in University proceedings.

RESPONSIBLE EMPLOYEE:  All employees (except for confidential resources listed in Section IV.A) are Responsible Employees, meaning they are required to report any and all incidents of sexual misconduct to the Title IX Coordinator or a Deputy Title IX Coordinator (as outlined in the Title IX Notice contained in Appendix B), regardless of where or when the incident occurred and whether or not the Responsible Employee witnessed the incident or learned of it through the Complainant, Respondent or a third party.

SAFETY ALERT: A Safety Alert is a campus-wide warning intended to provide members of the University community with timely information about certain serious crimes. Safety Alerts are part of the University’s compliance responsibilities to issue timely warnings under the Clery Act, a federal campus crime disclosure law. Safety Alerts do not contain identifying information about the reporting person.

SEXUAL ASSAULT RESOURCE COORDINATOR (SARC) TEAM: The University has designated the SARC team to provide assistance to any student who has experienced sexual misconduct. The SARC may meet with the person to assist with: obtaining information about safety; accessing emotional support; connecting with on campus and community resources; outlining available supportive measures; and assisting with other questions and concerns to address the matter under this policy. Members of the SARC Team are available 9 am to 5 pm, Monday-Friday, and can be reached by emailing SARC@villanova.edu or calling 484-343-6028. Members of the SARC Team do not act as legal counsel and do not serve as advisors in University proceedings.

SUPPORTIVE MEASURES: Following a report of sexual misconduct, the University will offer the Complainant and/or Respondent non-disciplinary, non-punitive individualized services as appropriate, and as reasonably available to the involved parties, without cost.  Supportive measures are designed to restore or preserve equal access to the University’s education program or activities, including employment, without unreasonably burdening the other party, including measures designed to protect the safety of all parties and the University’s employment and educational environment and/or deter further acts of misconduct. Supportive measures cannot fundamentally alter the University’s policies.  More information about Supportive Measures can be found below.

TITLE IX CASE MANAGER: The Title IX Case Manager is a University resource who serves as a neutral main point of contact for those involved in sexual misconduct reports.  The Title IX Case Manager is responsible for receiving reports from community members and ensuring that all parties receive adequate information, support, and resources.  The Title IX Case Manager also serves as a Senior Deputy Title IX Coordinator.

TITLE IX COORDINATOR: The Title IX Coordinator oversees the University’s centralized review, investigation, and resolution process for matters arising under this policy and coordinates the University’s compliance with Title IX, its implementing regulations, and other applicable federal and state laws. The Title IX Coordinator is a University resource who is responsible for the prompt and equitable resolution of all reports, investigations, and informal and formal resolutions under this policy. The Title IX Coordinator maintains records consistent with applicable law and University policy to track any trends or patterns of sexual misconduct, evaluate the scope of the issue and formulate appropriate campus wide responses. The Title IX Coordinator coordinates supportive measures, ensures that the investigative and resolution processes are neutral and impartial, and acts to assure that employees or external professionals involved in the Title IX processes are free from conflicts of interest and/or potential bias.  Concerns of bias or a potential conflict of interest by any other administrator involved in the resolution process should be raised with the Title IX Coordinator.

See Appendix B for the complete Title IX Notice of Non-Discrimination.

TITLE IX INVESTIGATOR: The Title IX Coordinator will assign an experienced and trained investigator to complete an administrative fact-finding investigation of the formal complaint. The investigator may be the designated Title IX Investigator, another University employee, or an external professional, as determined by the Title IX Coordinator.

 

  1. CONFIDENTIALITY AND PRIVACY CONSIDERATIONS

The University is committed to protecting the privacy of all people involved in matters falling under this Policy. All employees who are involved in the University’s response to reports of sexual misconduct receive specific training and guidance about safeguarding private information in accordance with state and federal law.  It is important to understand that privacy and confidentiality have distinct meanings under this Policy.

Privacy means that information related to a report of sexual misconduct will be shared only with those University officials with a designated interest in order to assist in the assessment, investigation and/or resolution of the matter, unless further disclosure is required by state and federal law or necessary due to a health and/or safety emergency. The University will make reasonable efforts to investigate and address reports of sexual misconduct under this policy, and information may be disclosed to participants in an investigation as necessary to facilitate the thoroughness and integrity of the investigation. In all such proceedings, the University will maintain the privacy of the parties to the extent reasonably possible. Under no circumstances will the University release the name of a Complainant to the general public without the express consent of the Complainant.

Confidentiality refers the level of protection that must be applied to legally protected or privileged relationships, including professional mental health counselors, medical professionals, ordained clergy/pastoral counselors and rape crisis counselors (Confidential Resources).  Information shared by an individual with a Confidential Resource, whether on campus or in the community, and which is intended as a confidential communication, cannot be revealed to any other individual without express permission of the individual seeking services, unless there is an imminent threat of harm to self or others, or the conduct involves suspected abuse of a minor.  When a report involves suspected abuse of a minor under the age of 18, these Confidential Resources are required by state law to notify child protective services and/or local law enforcement.  Similarly, an individual’s medical and counseling records are confidential and cannot be released without the individual's written permission or unless permitted or required consistent with any applicable ethical or legal obligations. 

  1. CONFIDENTIAL RESOURCES

Any community member may seek advice and counseling confidentially, including about sexual misconduct, by speaking to these University employees who are designated as Confidential Resources:

  1. Counselors/therapists at the University Counseling Center;
  2. Priests acting in a pastoral capacity
  3. Faculty Ombuds (for faculty use only)

Additional confidential resources include:

  1. Counselors available to students through UWill telehealth counseling
  2. Counselors available to employees through the Employee Assistance Program (EAP)
  3. Counselors and advocates with Delaware County Victim Assistance Center, Domestic Abuse Project of Delaware County, and other local community resources outlined in Appendix A

    B. PRIVATE, NON-CONFIDENTIAL RESOURCES

These resources are not Confidential Resources but are private resources that the University has designated to provide assistance and support to any student who has experienced sexual misconduct.  Each resource’s unique reporting responsibilities is outlined below:

Nurses and Nurse Practitioners at the Student Health Center

The nurses and nurse practitioners at the Student Health Center are Responsible Employees and Campus Security Authorities (CSAs) required to share disclosures of sexual misconduct with the Title IX Coordinator, including the name of the Respondent (if shared), the name of the reporting person (if they grant permission or their identity is needed to conduct a risk assessment), all details shared regarding the incident, as well as other information needed to assess whether an on-going threat is present in order to evaluate whether a timely warning should be issued.

Sexual Assault Resource Coordinator (SARC) Team

The members of the Sexual Assault Resource Coordinator Team are Responsible Employees and required to share disclosures of sexual misconduct and all known information with the Title IX Coordinator, including the name of the Respondent (if shared), the name of the reporting person, all details shared regarding the incident, as well as other information.

  1. ALL OTHER UNIVERSITY EMPLOYEES

As noted in Section IV.C, all employees (except for Confidential Resources listed above) are considered Responsible Employees and are required to share disclosures of sexual misconduct with the Title IX Coordinator or Deputy Title IX Coordinator (as outlined in the Title IX Notice of Non-Discrimination contained in Appendix B), regardless of whether the Responsible Employee witnessed the incident or learned of it through the Complainant, Respondent or a third party.  These reports to the Title IX Coordinator will include the name of the reporting person, name of the Respondent (if shared), all details shared regarding the incident, as well as other information needed to assess whether an on-going threat is present to evaluate whether a timely warning should be issued. 

Employees are not required to report information disclosed at public awareness events (e.g., “Take Back the Night,” candlelight vigils, survivor listening circles, protests, or other public forums in which community members may disclose sexual misconduct); or during an individual’s participation as a subject in an Institutional Review Board-approved human subjects research protocol (IRB research). The University may provide information about Title IX and available campus and community resources and support at public awareness events. In addition, Institutional Review Boards may, in appropriate cases, require researchers to provide such information to all subjects of IRB research.

  1. REPORTING AN INCIDENT OF SEXUAL MISCONDUCT

The University is committed to a safe environment for all students and employees. Reports of sexual misconduct provide the University with the opportunity to assess for broader remedial action including increased monitoring of campus locations, additional education and prevention efforts, and climate assessments.

The University will respond to all reports in an integrated, consistent manner that treats each person with dignity and respect and will take prompt responsive action to end any reported sexual misconduct, prevent its recurrence, and address its effects.

Villanova is committed to supporting the rights of a reporting person or Complainant to make an informed choice among options and services available both on and off campus. Complainants have the option to, and are encouraged to, notify law enforcement. This includes the simultaneous filing of both a criminal complaint and a University formal complaint under this policy.

AMNESTY FOR COMPLAINANTS AND WITNESSES

Consistent with the University’s Mission and belief that all members have an obligation to promote and protect the health, safety, and welfare of our community, the University strongly encourages community members to report incidents of sexual misconduct so that those affected can receive support and resources. A party who reports such misconduct in good faith, either as a Complainant or a third-party witness, will not be subject to disciplinary action for policy violations such as underage consumption of alcohol or drug use related to the incident.  The University may, however, initiate an educational discussion with that individual about the use of alcohol or other drugs and their impact, or pursue other educational remedies.  Amnesty may not apply to more serious allegations such as physical abuse or drug distribution. 

Submission of a good faith complaint, concern, or report under this Policy will not affect a Complainant’s or third-party witness’ employment, grades, academic standing, or work assignments. However, a person found to have made a knowingly false complaint or report, or to have knowingly and willingly given false information during an investigation, will be subject to disciplinary action. A good faith complaint that is not substantiated by a grievances process does not constitute a false report.

  1. MAKING A REPORT

Any person may report an incident of sexual misconduct and has several reporting options. Complaints may be pursued through the criminal process, through the University grievance process, through both, or through none.

  1. REPORTING TO LAW ENFORCEMENT

To initiate a criminal complaint through law enforcement, the location of the incident will determine which police department will investigate. For on-campus incidents, the Villanova University Department of Public Safety is the law enforcement agency with jurisdiction to investigate except in cases where the identity of the suspect is unknown to the Complainant. In those cases, the Radnor Township Police Department conducts the criminal investigation.  The Department of Public Safety employs sworn officers who are trained criminal investigators who can collect evidence, conduct an investigation, and initiate a criminal prosecution.

When contacting the Department of Public Safety, a Complainant may seek a criminal investigation, an administrative investigation, or both. A Complainant is not required to consent to a criminal investigation in order to initiate a University formal complaint. In cases involving both criminal and University investigations, information can be shared between investigators consistent with federal and state law. A Complainant may always choose to participate, or withdraw their participation, from either investigative process at any time.

For off-campus incidents, the University can assist Complainants in identifying and reporting to the appropriate law enforcement agency with jurisdiction. Notifying municipal law enforcement will generally result in the Complainant, and in some cases the Respondent, being contacted by a municipal police officer. The police will determine if a criminal investigation will proceed and if the case will be referred for prosecution. Unless there are compelling circumstances, the University will typically not file an independent police report without the consent of the Complainant.

The following list includes contact information for Villanova University’s Department of Public Safety, and the police departments in proximity to the University and/or that have township student-approved housing in their respective jurisdictions:

Law Enforcement        911

Villanova University Department of Public Safety      610-519-5800

Radnor Police Department                                               610-688-0503

Lower Merion Police Department                                  610-649-1000

Conshohocken Police Department                                 610-828-4032/4033

Upper Merion Police Department                                  610-265-3232

Tredyffrin Police Department                                          610-647-1440

Philadelphia Police Department                                     610-685-1158

 

  1. REPORTING TO THE UNIVERSITY

To initiate an administrative investigation into a complaint of sexual misconduct under this University Policy (whether or not the alleged conduct also is prohibited under Title IX, the Code of Student Conduct and/or employment policies), a reporting person should contact the Title IX Coordinator, a Deputy Title IX Coordinator or the Department of Public Safety as follows:

Ms. Ryan Rost, Title IX Coordinator

207 Tolentine Hall

610-519-8805

ryan.rost@villanova.edu

Ms. Shannon Barnett, Title IX Case Manager & Senior Deputy Title IX Coordinator

207 Tolentine Hall

610-519-8804

shannon.barnett@villanova.edu

Ms. Kim Kearney, Title IX Investigator & Deputy Title IX Coordinator

Garey Hall

484-343-6926

kim.kearney@villanova.edu

Sydney Scheiner, Assistant Dean of Students for Conduct Resolution

213 Dougherty Hall

610-519-4200

sydney.scheiner@villanova.edu

Mr. Albert Baladez, Senior Director of Human Resources & Deputy Title IX Coordinator

789 Lancaster Avenue

610-519-4238

albert.baladez@villanova.edu

Ms. Lynn Tighe, Senior Associate Athletic Director for Administration & Deputy Title IX Coordinator for Athletics

Field House

610-519-4121

lynn.tighe@villanova.edu

Department of Public Safety

Garey Hall

Note: (Reports to the Public Safety emergency number will prompt a police response by on-duty personnel)

610-519-4444

(24/7 emergency)

610-519-5800

(24/7 non-emergency)

 

Any person seeking information and options on how to proceed with making a report may also contact:

Sexual Assault Resource Coordinator Team

484-343-6028 (9 am-5 pm, Monday-Friday)

Delaware County Victim Assistance Center

610-566-4342 (24/7, Confidential)

Domestic Abuse Project of Delaware County

610-565-4590 (24/7, Confidential)

 

  1. ANONYMOUS REPORTING

Although the University encourages a Complainant to talk with someone directly, the University does provide an anonymous online reporting option, www.villanova.ethicspoint.com and an anonymous phone reporting option at (855-236-1443). All anonymous reports of sexual misconduct submitted through these options will be referred to the Title IX Coordinator and will prompt an initial investigation. However, the University’s ability to respond effectively may be limited by the level of information provided and/or the anonymity of the complaint.

  1. MEDICAL TREATMENT AND PRESERVATION OF EVIDENCE

The University encourages people who have experienced sexual misconduct to seek immediate medical treatment and to make a prompt report to law enforcement in order to address immediate safety and health concerns, allow for the preservation of evidence, and initiate a prompt investigative and remedial response.  

A medical provider can provide emergency and/or follow-up medical services, and meet three goals: first, to diagnose and treat the full extent of any injury or physical effect, second, to provide preventative health care, and third, to properly collect and preserve evidence. Following an incident of sexual assault, evidence is best preserved for proof of a criminal offense within 96 hours of the assault. In the event of a report immediately following an incident of sexual assault, a Complainant is encouraged to seek medical attention as soon as possible, and even before any showering, bathing, douching, brushing of teeth, drinking, eating, or changing of clothes. Similarly, any clothing, towels or bedding should remain untouched pending collection by law enforcement. Whether or not a person has chosen how to proceed at the time of the medical examination, taking the step to gather evidence will preserve the full range of options to seek resolution through the pursuit of a criminal investigation or the University's complaint processes.

Please note that under Pennsylvania law, a medical provider is required to notify law enforcement of a reported sexual assault under most circumstances. Although the medical provider will provide information to law enforcement, and the University encourages the Complainant to report the incident to law enforcement (it is often easier to relay the incident once to several people than repeatedly to different constituents), the Complainant may always, at any time, decline to speak with a law enforcement officer and decide on the extent of their participation in a criminal prosecution.

Contact information for medical care is as follows and more detailed information can be found in Appendix A of this Policy:

Villanova Student Health Center                                    610-519-4070

Bryn Mawr Hospital                                                            484- 337-3000

Lankenau Medical Center                                                 484-476-2000

Philadelphia Sexual Assault Response Center             215-425-1625

When the incident is reported to a campus resource, the University will help the Complainant get to a safe place and seek immediate medical attention (including transportation).

  1. SUPPORTIVE MEASURES

Following a report of sexual misconduct, the University will offer and provide non-disciplinary, non-punitive individualized services as appropriate and as reasonably available to involved parties.  Supportive measures are designed to: protect the safety of all parties and campus community; deter further acts of misconduct; and restore or preserve equal access to Villanova’s education program or activity without unreasonably burdening the other party. Supportive measures are available to a Complainant or Respondent without fee or charge regardless of whether a formal complaint is filed or a report to the police department is made.

The University may impose (and a person may request) additional supportive measures that can be tailored to achieve the goals of this Policy, even if not specifically listed below, so long as they do not  have the effect of fundamentally altering University policies. The range of supportive measures includes, but is not limited to:

  1. No Contact Order: The Complainant or Respondent may request, or the University may impose, communication and contact restrictions to prevent further potentially harmful interaction. These communication and contact restrictions generally preclude in person, telephone, electronic or third-party communications.

A person may also seek a protection from abuse/anti-harassment order from the local court of the Commonwealth of Pennsylvania. This is a civil proceeding independent of the University. If a court order is issued the University will, to the extent possible, assist the protected person in benefitting from the restrictions imposed by the court.

  1. Campus Safety Escort: The University may provide campus safety escorts to involved parties.  The University will endeavor to honor reasonable requests for campus safety escorts. 
  2. Academic, Employment, Living or Transportation Arrangements: Complainants and Respondents may request reasonable changes in their own academic, employment, living or transportation arrangements after a report of sexual misconduct. Upon request, the University will inform the Complainant or Respondent of the options and will grant the request if those changes are reasonably available.

In some instances, the University may initiate changes in a party’s academic, employment or living arrangements based on its own determination that such a supportive measure is necessary and will not unreasonably burden the other party.

Note: Supportive measures are distinct from reasonable accommodations for a disability. Students requesting supportive academic or living measures related to Title IX or sexual misconduct matters which involve a disability must register their disability with the University’s Learning Support Services Office or Office of Disability Services and request disability accommodations through those offices’ established policies and procedures. Similarly, employees requesting supportive measures related to Title IX or sexual misconduct matters which involve a disability must register their disability with Human Resources and request workplace accommodations through that office’s established policies and procedures.

  1. Emotional or Mental Health: The University will assist in providing counseling services through the University Counseling Center (for students), UWill Telehealth Counseling (for students), Health Advocate (for employees), or will assist in providing a referral to off-campus support agencies.
  2. Emergency Removal and Administrative Leave: To provide for the safety of any person or the broader campus community, or for any other lawful purpose, the University may remove the Respondent from a Villanova education program or activity on an emergency basis. The University will undertake an individualized safety and risk analysis to determine whether an immediate threat to the physical health or safety of any community member or other individual arising from the allegation of sexual misconduct justifies the removal.  The University will provide the Respondent with written notice of any removal and an opportunity to challenge the removal.  During any challenge, the Respondent will remain off-campus and comply with the notice of removal.  The Respondent will have three (3) business days to submit a written challenge to the safety and risk analysis. 
    • Undergraduate and Graduate Student Respondents: Must submit their written challenge to the Dean of Students or their designee
    • Law Student Respondents: Must submit their written challenge to Vice Dean or their designee
    • Non-Student Faculty and Staff Respondents: Must submit their written challenge to the Associate Vice President for Human Resources or their designee

Following a report of sexual misconduct, the University may place a non-student employee Respondent on administrative leave, with or without pay.     

The Title IX Coordinator or Deputy Title IX Coordinator will document each report or request for assistance, including requests for supportive measures, as well as the response to any such report or request.  The records will be kept confidential to the extent required or permitted by law.

  1. WHAT HAPPENS FOLLOWING A DISCLOSURE OR REPORT
  1. PRELIMINARY INQUIRY AND INTAKE MEETING

When the Title IX Coordinator receives a report of sexual misconduct from a reporting person or Complainant, the Title IX Coordinator or designee will engage in a preliminary inquiry to understand the nature of the report and assess whether the alleged conduct falls under this Policy.  In most instances, the Title IX Coordinator or designee will contact the Complainant to schedule an intake meeting.  During the intake meeting, the Title IX Coordinator or designee will gather supplemental information, offer and discuss the availability of supportive measures, provide information about on- and off-campus resources, and explain the process for filing a formal complaint if the alleged conduct falls under the Sexual Misconduct Policy.  Centralized outreach through the Title IX Coordinator or designee ensures that all community members have access to information about the University’s resources, policies, and procedural options for resolving the report.  

At the conclusion of the preliminary inquiry, the following resolution options are possible:

  • No further action under the Sexual Misconduct Policy – which may involve referring the matter to the appropriate office for review under another University policy
  • Supportive measures only – regardless of whether a formal complaint is filed
  • Formal Resolution – following a formal complaint by the Complainant or Title IX Coordinator
  • Informal Resolution – following a formal complaint by the Complainant or Title IX Coordinator

The University will consider the Complainant’s wishes with respect to supportive measures and seek to respect a Complainant’s autonomy in making the determination regarding how to proceed. Supportive measures are available to a Complainant with or without the filing of a formal complaint.

CLERY ACT COMPLIANCE - TIMELY WARNING NOTICES (SAFETY ALERTS)

The Title IX Coordinator or Deputy Title IX Coordinator will report incidents occurring on or near campus to the University’s Department of Public Safety as part of the University’s compliance with the Clery Act.  The Clery Act requires colleges and universities to gather and share statistics of serious crimes reported on and near campus, including incidents reported under this Policy. Reports to the Department of Public Safety will typically include the general nature of the incident, date, time of day, and location, as well as other information needed to assess whether an on-going threat is present that would require that the University issue a timely warning (or “Safety Alert” – see below). Incidents reported to the Department of Public Safety are also used to compile crime statistics that are distributed to the University community in the Annual Security Report as required by the Clery Act.

A Timely Warning or “Safety Alert” is a way for the University to provide timely notification to members of the University community about reports of serious crimes that have occurred on or within the Clery geography of Villanova University (on campus or non-campus property or public property) where it is determined that the incident may pose a serious or ongoing threat to members of the University community. The determination of alerts for reports of sexual violence, dating violence, domestic violence, and stalking are considered on a case-by-case basis and depend on several factors. These factors include: nature of the incident; continuing danger to the campus community; possible risk of compromising law enforcement efforts to investigate; when and where the incident occurred; when the incident was reported; and the amount of information known by the Department of Public Safety. Safety Alerts do not contain any identifying information about the reporting person or Complainant. More information on Safety Alerts can be found on the Safety Alert page.

  1. HOW TO FILE A FORMAL COMPLAINT

Making a report is different from filing a formal complaint. A formal complaint is a written request that the University conduct an investigation into a report of sexual misconduct.  A formal complaint can be filed by the Complainant in person, by mail, email or through other reporting means.  The Title IX Coordinator can provide assistance in initiating a formal complaint, which must include a written description of the facts alleged requesting the University investigate the matter, and the Complainant’s physical or digital signature.  As outlined below, in certain circumstances where a Complainant does not wish to or is unable to file a formal complaint, one may be filed by the Title IX Coordinator to address the safety of the broader educational community.  If a formal complaint is filed, an investigation will begin and the parties will be provided with options for informal and formal resolution.

  1. NOTICE OF ALLEGATIONS

When a formal complaint is made, a written Notice of Allegations will be sent to the Complainant(s) and Respondent(s).  Such notice will occur as soon as practicable after Villanova receives a formal complaint of the allegations, absent extenuating circumstances. Villanova will provide sufficient time for the parties to review the Notice of Allegations and prepare a response before any initial interview. 

This written notice will include the following:

  • Notice of Villanova’s Grievance Process, including the formal and informal resolution process.
  • Notice of the allegations potentially constituting violations of this Policy, and sufficient details to the extent known at the time the Notice is issued, such as the identities of the parties involved in the incident, including the Complainant; the conduct allegedly constituting sexual misconduct; and the date and location of the alleged incident.
  • A statement that the Respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility is made at the conclusion of the grievance process.
  • A statement that each party may have an advisor of their choice throughout the process.  The advisor may, but is not required to be, an attorney. If the party does not have an advisor at the time of any live hearing, the University will provide an advisor to conduct cross-examination on the party’s behalf.
  • A statement about the importance of preserving any potentially relevant evidence.
  • A prohibition against making false statements during any formal or informal resolution process.
  • A statement that before the conclusion of the investigation, the parties may inspect and review evidence obtained as part of the investigation that is directly related to the allegations raised in the formal complaint, including the evidence upon which the University does and does not intend to rely in reaching a determination regarding responsibility, and evidence that both tends to prove or disprove the allegations, whether obtained from a party or other source.

If the investigation reveals the existence of additional potential policy violations, the University will issue a supplemental Notice of Allegations.  This initial notice, and any supplemental notices, will be provided to the parties in advance of any interview or meeting with the investigator to allow the party sufficient time to prepare a response. 

  1. IF A COMPLAINANT CHOOSES NOT TO FILE A FORMAL COMPLAINT

If a Complainant chooses not to file a formal complaint, supportive measures will remain available to the Complainant. In such cases, the University’s ability to meaningfully respond to and address the incident may be limited. The University will consider the Complainant’s choice not to file a formal complaint, however, the University must weigh the Complainant’s choice against its obligation to provide a safe, non-discriminatory environment for all students and employees, including the Complainant. Although rare, there may be times when the University cannot honor a Complainant’s request and the Title IX Coordinator may determine that filing a formal complaint is necessary in order to provide a safe, non-discriminatory environment for all community members.

When weighing such a request by the Complainant, the following range of factors will be considered, including but not limited to, the following:

  • The risk that the Respondent will commit additional acts of sexual or other violence, such as:
    • a pattern of alleged sexual misconduct by the same Respondent;
    • whether the Respondent has a history of arrests or records from a prior school indicating a history of sexual and/or physical violence;
    • whether the Respondent threatened further sexual violence or other violence against the Complainant or others;
    • whether the sexual violence was committed by multiple perpetrators;
  • whether the Complainant’s allegations involved force, use of weapons or similar factors;
  • whether the Complainant is a minor;
  • whether the University possesses other means to obtain relevant evidence of the alleged sexual violence (e.g., security cameras, eye-witnesses or, physical evidence);
  • whether the Complainant’s report reveals a pattern of perpetration (e.g., alcohol or drug facilitated sexual violence) at a given location or by a particular group.

If none of these factors is present, the University will likely be able to respect the Complainant’s request to not file a formal complaint.

However, the presence of one or more of these factors could lead the Title IX Coordinator to file a formal complaint allowing the University to investigate and, if appropriate, pursue the grievance process and/or involve the law enforcement agency with jurisdiction. In such cases, the University will inform the Complainant and will share the University’s reasoning for proceeding with a formal complaint. The Complainant may still decide whether and how much they want to be involved in any next steps. The University will only share information with those needing to know in order to conduct the investigation and facilitate the University’s response to the report of sexual misconduct.

  1. CONSOLIDATION OF COMPLAINTS

The University may consolidate formal complaints alleging sexual misconduct against more than one respondent, or by more than one complainant against one or more respondents, or by one party against the other party, where the allegations of sexual misconduct arise out of the same facts or circumstances.

In addition, where conduct involves the potential violation of both this Policy and another University policy, the University may choose to investigate other potential misconduct under this Policy, provided that it does not unduly delay a prompt or equitable resolution of the report or formal complaint.

  1. COUNTERCLAIMS

The University permits the filing of counterclaims. Counterclaims will be processed using the appropriate grievance procedures under this Policy. Depending on the timing of when a counterclaim is filed and the allegations raised, the investigation of such claims may take place at the same time as the underlying complaint, or after resolution of the underlying complaint, at the discretion of the Title IX Coordinator.

 Villanova is obligated to ensure that the grievance process is not abused for retaliatory purposes. Counterclaims made solely for retaliatory purposes will not be permitted and may constitute a violation of this Policy. This does not apply to reports made or information provided in good faith, even if the facts alleged in the report are not later substantiated or no policy violation is found to have occurred.

  1. DISMISSALS OF FORMAL COMPLAINTS

In cases involving conduct that falls under Title IX, the Title IX Coordinator must dismiss a formal complaint brought under this Policy or any specific allegation(s) raised within that formal complaint, at any time during the investigation or hearing  if the conduct alleged:  (a), even if substantiated, would not constitute prohibited conduct as defined in the Title IX regulations; (b) did not occur within the University’s education program or activity; or (c)  did not occur against a person in the United States. Conduct that does not constitute prohibited conduct under Title IX as defined in the Federal regulations may still constitute misconduct under this Policy or other University policies, in which case, the University may proceed under those applicable policies and procedures.

The Title IX Coordinator may dismiss a formal complaint brought under this Policy or any specific allegation(s) raised within that formal complaint, at any time during the investigation or hearing if: it alleges conduct that does not fall under this Policy; the 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; the Respondent is no longer enrolled at or employed by Villanova; or specific circumstances prevent Villanova from gathering evidence sufficient to reach a determination regarding the formal complaint or allegations within the formal complaint.

In such cases, the Title IX Coordinator will provide simultaneous written notification to the parties that the formal complaint or specific allegations within that complaint, are being dismissed under this Policy and provide the basis for that decision.  However, if the alleged conduct violates other University policies, or if specific allegations under this Policy remain are not dismissed, information regarding those policies and procedures will be provided to the parties and the investigation may continue on the remaining allegations. 

Each party may appeal the dismissal of allegations and/or the formal complaint by submitting a written appeal within five (5) calendar days of being notified of the decision regarding dismissal.  If a party appeals, Villanova will as soon as practicable notify the other party in writing of the appeal and provide the non-appealing party access to review the appeal.  The non-appealing party will have three (3) calendar days to respond, and a copy of the response will be provided to the appealing party. No further appeal submissions will be accepted unless specifically requested by the decision-maker for the appeal. Appeals of dismissals will be decided as outlined below as determined by the role of the Respondent.  The individual designated to hear the appeal will be free of conflict and bias and will not serve as the investigator, Title IX Coordinator, or hearing decision-maker in the same matter. The outcome of the appeal will be provided in writing simultaneously to both parties and include the rationale for the decision.

Role of Respondent

Appeal decided by

Students (non-Law)

Dean of Students or designee

Law Students

Vice Dean or designee

Staff members

Associate Vice President for Human Resources or designee

Faculty members and full-time administrators with faculty appointments

Provost or designee

  1. WHAT HAPPENS FOLLOWING A FORMAL COMPLAINT
     
  2. TIME FRAME FOR RESOLUTION

The time frame for resolution begins with the filing of a formal complaint.  Generally speaking, the University will complete the administrative investigation and resolution of all formal complaints within a reasonably prompt manner, and no longer than ninety (90) business days after the filing of the formal complaint, absent extenuating circumstances. Periodic updates as to the status of the review or investigation may be provided to both the Complainant and Respondent.

Each case is unique, and the timing of the investigative process will be impacted by factors such as the complexity of the investigation, the scope of the allegation(s) including any supplemental allegations raised during the investigation, the parties’ schedules and availability, the number of witnesses or volume of documentary evidence, arranging reasonable accommodations for qualified disabled individuals participating in the process, the academic calendar and any concurrent criminal investigation. Although cooperation with law enforcement may require Villanova to temporarily suspend its administrative investigation, the University will promptly resume its sexual misconduct investigation as soon as it is notified by law enforcement that the agency has completed the evidence gathering process. Villanova will not, however, wait for the conclusion of a criminal proceeding to begin its own investigation and, if needed, will take immediate steps to provide supportive measures for the involved parties. In the event that the investigation and resolution require an extension for good cause, the University will notify all parties of the extension and the reason for the extension and best efforts will be made to complete the process in a timely manner. In no case will these time frames delay University-provided support services, resources, or other measures.

  1. ADVISOR OF CHOICE

Parties participating as a Complainant or Respondent in this process have equal rights to be accompanied by an advisor of choice to any grievance proceeding or related meetings under this Policy. The advisor may be any person, including an attorney, but need not be an attorney.  The advisor is not an advocate and any restrictions on advisor participation will be applied equally to both parties. An advisor is entitled to review all information gathered in the investigation that is directly related to the allegations (as part of evidence review), to access to the investigation report, and to cross-examine the other party and all witnesses during the hearing. 

A party may decline to use an advisor for all stages of the formal or informal resolution process, with the exception of the hearing, where any questioning of the other party must be conducted by the party’s advisor.  If a party does not have an advisor for the hearing, the University will provide an advisor, free of charge, to the party for the sole purpose of facilitating questioning on the party’s behalf of other parties and witnesses.

A party’s advisor of choice may provide support and advice to their advisee at any meeting and/or proceeding. With the exception of the advisor’s cross-examination during a hearing, advisors may not speak on behalf of their advisee or otherwise participate in, or in any manner delay, disrupt, or interfere with meetings and/or proceedings.  The advisor will offer no testimonial evidence or answer questions on behalf of their advisee; the advisor may not conduct direct examination of their advisee; and the advisor may not present opening or closing remarks.  The advisor, and not the Complainant or Respondent, will conduct cross-examination of any witness in compliance with the hearing procedures and the University’s policies and procedures.

Advisors may ask to briefly suspend any meetings, interviews, or hearings to provide consultation; the University retains the discretion to deny such requests if they are excessive, burdensome, or otherwise unreasonable.  The University may remove or dismiss advisors who do not abide by the restrictions on their participation or who are otherwise disruptive.  An advisor may be asked to meet with the Title IX Coordinator in advance of any meetings or proceedings to receive and acknowledge the University’s overview of the Policy, expectations of the role, privacy considerations, and appropriate decorum. 

Advisors should plan to make themselves reasonably available for all meetings and proceedings.  Villanova will not intentionally schedule meetings or hearings on dates where the advisors for all parties are not available, provided that the advisors act reasonably in providing available dates and work collegially to find dates and times that meet all schedules.  Villanova’s obligations to investigate and adjudicate in a prompt timeframe applies to matters governed under this Policy and the University cannot agree to extensive delays solely to accommodate the schedule of an advisor.  Villanova will not unreasonably delay a meeting or hearing under this policy due to the unavailability of an advisor and may offer the party the opportunity to obtain a different advisor or utilize one provided by Villanova.  An advisor is entitled to review all information gathered in the investigation that is directly related to the allegations during the designated evidence review periods, to access the investigative report during the designated report review period, and to cross-examine the other party and all witnesses during the hearing.

  1. INVESTIGATIONS UNDER THIS POLICY

Administrative investigations of all sexual misconduct involving a student: The Title IX Investigator or their designee will typically oversee the administrative investigation of all sexual misconduct reports where the Respondent is a current student.

Administrative investigations of sexual misconduct involving a University employee: Human Resources and/or the Title IX Investigator or their designee will typically oversee the investigation of all reports of sexual misconduct involving a Respondent who is a current University employee (faculty or staff).   

For administrative (non-criminal) investigations, the University will provide to a party whose participation is invited or expected, written notice of the date, time, location, known participants and purpose of all hearings, investigative interviews, or other meetings, with reasonably sufficient time for that party to prepare to participate.

Normally, investigations will include live interviews with the parties and witnesses, and collecting relevant documentation, electronic, or other available evidence. Students, faculty and staff deemed relevant to the matter may be asked to participate in an investigation, and when asked, they are expected to find time to meet and share information with the investigator.  The investigator may receive any information presented by the parties, but the investigator, not the parties, is responsible for gathering relevant evidence. The parties are encouraged to provide all relevant information as promptly as possible to facilitate prompt resolution. In the event that a party declines to voluntarily provide material information, the University’s ability to conduct a prompt, thorough, and equitable investigation may be impacted. Subject to the prohibition on retaliation, the University will not restrict the ability of either party to discuss the allegations under investigation or to gather and present relevant evidence.

Evidence obtained through a criminal investigation, including the collection of physical and/or forensic evidence, could be shared with the administrative investigator and included in the Investigative Report as outlined below.

WITNESSES

The Complainant and Respondent will be asked to identify witnesses and provide other relevant information, such as documents, communications, and other evidence, if available.  Witnesses are individuals who may have information relevant to the incident, including individuals who may have observed the acts in question, may be able to provide contextual information, or may have other information related to the incident, the disclosure, or related matters.

Witnesses may also be offered to provide subject matter expert information.  If parties wish to provide expert testimony or evidence, they are solely responsible for securing attendance of any expert witness at a hearing, and for paying the costs or fees associated with any expert report or testimony.

Where witnesses are interviewed as part of the investigation, the name of the witness and the information gathered in the interviews will be shared with the parties during the evidence review period and report review period.  The investigator has the discretion to determine which of those potential witnesses, or other persons, may have relevant information about the alleged conduct. 

OBLIGATION TO PROVIDE TRUTHFUL INFORMATION

All Villanova University community members are expected to provide truthful information in any report or proceeding under the Policy and are further expected to cooperate with the University in any such proceeding.  Knowingly submitting or providing false or misleading information in bad faith in connection with an incident of sexual misconduct is prohibited and subject to disciplinary action. This provision does not apply to reports made or information provided in good faith, even if the facts alleged in the report are not later substantiated or no policy violation is found to have occurred.

EVIDENTIARY CONSIDERATIONS

Evidence is relevant if it makes a material fact more or less probable than it would be without the evidence.  In general, the investigator and decision-maker have the discretion to determine the relevance and probative value of information proffered or received.

In addition, the investigator and decision-maker have the discretion to evaluate the relevance of the following evidentiary considerations:

Medical or Counseling Records: The investigator will not require, allow, rely upon, or otherwise use questions or evidence that constitute, or seek disclosure of, information protected under a legally recognized privilege, unless the person holding such privilege has waived the privilege.  If a person voluntarily shares medical or counseling records with the investigator for consideration in the investigation, they must sign a written consent that acknowledges that relevant information from the medical or counseling records must be shared with the other party and their advisor to ensure the other party has notice of that information and an opportunity to respond. 

Prior Sexual History of the Complainant: A Complainant’s prior sexual history is generally not relevant, although evidence may be admitted if determined relevant in two circumstances:  (1) where the evidence concerns specific incidents of the Complainant’s prior sexual behavior with respect to the Respondent and is offered to prove consent (although the mere fact of a current or prior dating or sexual relationship between the parties, by itself, is not sufficient to constitute consent);  or (2) to show that someone other than Respondent committed the alleged conduct.

Any party seeking to introduce information about a Complainant’s prior sexual history should bring this information to the attention of the investigator at the earliest opportunity. Where a sufficient informational foundation exists, the investigator will assess the relevance of the information and determine if it is appropriate for inclusion in the investigative report.

 

  1. EVIDENCE REVIEW

Prior to the conclusion of the administrative investigation, the parties will have an equal opportunity to inspect and review the evidence obtained through the investigation that is directly related to the allegations raised in a formal complaint, including the evidence upon which the University does not intend to rely in reaching a determination regarding responsibility and inculpatory or exculpatory evidence, whether obtained from a party or other source, so that each party can meaningfully respond to the evidence prior to conclusion of the investigation. Both parties will have the opportunity to meaningfully respond to the evidence.  Parties and advisors are not permitted to disseminate any of the evidence subject to inspection and review or use such evidence for any purpose unrelated to the University’s grievance process. 

Parties are not prohibited from discussing the allegations under investigation with others including with a caregiver, friend, other source of emotional support, an advocacy organization, or their advisor; however, parties may not discuss or disseminate the allegations or information obtained through the evidence review in a manner that constitutes retaliation under this Policy. 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 an Investigative Report.  In their written responses to the evidence, the parties may offer additional comment or feedback on the facts as gathered, clarify information previously shared, suggest additional witnesses, or identify any other relevant information or evidence to assure the thoroughness, sufficiency, and reliability of the investigation.

  1. INVESTIGATIVE REPORT

Following the conclusion of the Evidence Review period, the investigator will produce a written investigative report that fairly summarizes the relevant information that was gathered during the investigation. The report will include both inculpatory and exculpatory information. The investigator will provide the parties access to the Investigative Report at least ten (10) business days prior to any hearing for each party’s review and written response.  The investigator will share all evidence gathered during the investigation, the Investigative Report, and any written responses from the parties, with the University authorities empowered to act on violations of University policy.

  1. INFORMAL RESOLUTION

The informal resolution (IR) process is a voluntary, structured process involving the Complainant and Respondent (and their advisors, as applicable) to resolve the allegations following the filing of a formal complaint and prior to a formal hearing.  The University’s investigation into the Formal Complaint may continue during the informal resolution process.  While the informal resolution process is intended to be flexible and provide a full range of possible outcomes, the University must maintain prompt timeframes for resolution of formal complaints.  At any time after the filing of a formal complaint and prior to a formal hearing, either the Complainant or Respondent may provide written notification to the Title IX Coordinator requesting informal resolution in lieu of formal resolution.

The parties are not required to attempt informal resolution, and informal resolution is not appropriate for all types of alleged conduct.  Informal resolution is not permitted for any complaint of sexual misconduct made by a student against an employee.  In all other cases, the University shall determine if the matter is eligible for informal resolution.  Factors that the University may weigh in considering the eligibility of a formal complaint for informal resolution include, but are not limited to: a pattern of alleged sexual misconduct by the same Respondent; whether the Respondent has a history of arrests or records indicating a history of sexual and/or physical violence; whether the allegations involved violence, use of weapons or similar factors, or; whether there is an ongoing threat of harm or safety to the Villanova community.  The determination that a matter is not eligible for informal resolution is not subject to appeal.

If the University has determined the matter is eligible for informal resolution, and both parties consent to the process in writing, the matter will be referred to the appropriate University official or third party engaged by the University to facilitate the process.  All related communications will go through the facilitator.  Both parties and the facilitator will have an opportunity to offer proposals to become part of the final agreement.  The informal resolution process does not require the parties to confront each other or be present in the same room.  The parties may consult with an advisor before and during the informal resolution process, and the advisor may accompany the Complainant or Respondent to any meetings in connection with the process. 

If, at any time prior to signing a written resolution agreement, either party does not agree with the proposed terms, or no longer wishes to continue negotiations, the party may withdraw, without penalty, from the informal resolution process.  If either party withdraws from the informal resolution process, the informal resolution process will end, and the matter will proceed to a hearing under the University’s formal resolution process.  The University reserves the right to discontinue the informal resolution process if: information becomes available which makes the matter ineligible for informal resolution; there are health or safety concerns that have not been adequately addressed; an acceptable resolution cannot be reached between the parties within a reasonably prompt timeframe; the facilitator believes that one or both parties are not operating in good faith; or under other appropriate circumstances.  The determination to discontinue the informal resolution process is not subject to appeal.  In such cases, the matter will proceed to a hearing under the University’s formal resolution process.

The Facilitator and both parties must all agree to the outcome(s) of the informal resolution agreement. The facilitator will draft the agreement based upon the parties’ verbal or written agreement to the negotiated outcome(s). Separately, both parties will then be offered the opportunity to sign the informal resolution agreement. If either party refuses to sign this agreement, the IR process will be considered unsuccessful, and the matter will proceed to a hearing under the University’s formal resolution process. Once the parties sign the informal resolution agreement, the matter will be considered resolved and will not be eligible for further informal or formal resolution.  A signed resolution agreement is binding on both parties and is not subject to appeal.  Alleged violations of the terms of the informal resolution agreement, retaliation, or other violations will be considered a new and separate matter and will not reopen the original matter.

Any agreed upon resolution reached by the parties is subject to the University’s final approval.  This includes any resolution reached by the parties without the University’s active participation or involvement.

  1. SPECIAL PROCEDURES

At the conclusion of the investigation and all applicable steps described above, the matter will be referred to the specific resolution process as determined by the role of the Respondent, as outlined below:

Role of Respondent

Link to Special Procedures

Students (non-Law)

Student Special Procedures Governing Sexual Misconduct Proceedings

Law Students

Law Student Special Procedures Governing Sexual Misconduct Proceedings

Staff members

Staff Special Procedures Governing Sexual Misconduct Proceedings

Faculty members and Faculty Administrators

Faculty Special Procedures Governing Sexual Misconduct Proceedings

 

  1. RESOURCES FOR RESPONDENTS

The University has designated the Respondent Resource Coordinator (RRC) team to provide assistance to any student accused of sexual misconduct. A Respondent Resource Coordinator is available to provide information on resources for students accused of sexual misconduct. The RRC will assist a Respondent with: accessing emotional support; connecting with on campus and community resources; outlining available supportive measures; and assisting with other questions and concerns to address the matter under this policy.   Members of the RRC Team are available 9 am to 5 pm, Monday-Friday and can be reached by emailing respondentresource@villanova.edu or calling 610-519-8807. Members of the Respondent Resource Coordinator Team do not act as legal counsel and do not serve as advisors in University disciplinary proceedings.

Members of the Respondent Resource Coordinator Team are required to share reports of sexual misconduct with the Title IX Coordinator. Respondents who wish to maintain confidentiality are encouraged to utilize confidential counseling services at the University Counseling Center. Note that confidentiality will be maintained by a counselor or therapist under all circumstances except when there is an immediate threat of serious harm to a person. This means that, in almost all circumstances, these individuals are not required to report any information to anyone without permission. Appointments are available Monday – Friday during normal business hours (9 am-5 pm) and can be scheduled by calling (610) 519-4050 or made in person on the 2nd Floor of the Health Services Building. Priests acting in a pastoral capacity are also available as confidential resources.

Respondents can contact the following resources for information on the University’s procedures; rights and responsibilities of the Complainant and Respondent; prohibition on retaliation; and for assistance with obtaining University resources:

Respondent Resource Coordinator Team

(610) 519-8807

respondentresource@villanova.edu

Title IX Coordinator, Ms. Ryan Rost

(610) 519-8805

ryan.rost@villanova.edu

 

 

 

Title IX Case Manager, Ms. Shannon Barnett

(610) 519-8804

shannon.barnett@villanova.edu

 

Dean of Students Office

(610) 519-4200

deanofstudents@villanova.edu

 

Senior Director of Human Resources , Mr. Albert Baladez

(610) 519-4238

albert.baladez@villanova.edu

 

 

  1. DISABILITY ACCOMMODATIONS

This policy does not alter Villanova University’s obligations under federal disability laws including the Americans with Disabilities Act of 1990, and Section 504 of the Rehabilitation Act of 1973. Parties may request reasonable accommodations for documented disabilities to the Title IX Coordinator, investigator(s) and decision-makers at any point before or during the grievance process that do not fundamentally alter the grievance process. The University will not affirmatively provide disability accommodations that have not been specifically requested by a party, even where that party may be receiving accommodations in other institutional programs and activities. Requests should be submitted in advance to allow sufficient time to review, identify and implement any reasonable accommodations to the grievance process. 

  1. PREVENTION AND EDUCATION PROGRAMS

The University is committed to the prevention of sexual misconduct through regular and ongoing education and awareness programs.  Detailed information regarding Villanova’s prevention and education efforts can be found at: https://www1.villanova.edu/content/university/sexual-misconduct/education.html   

Individuals involved in the implementation of this Policy receive training as required by the Clery Act and Title IX.

  1. DOCUMENTATION

The University will create and maintain the following records for a period of seven years: records of any actions, including any supportive measures, taken in response to a report or formal complaint; records of investigations, including any determination regarding responsibility and any audio or audiovisual recording or transcript created, any disciplinary sanctions imposed on the Respondent, and any remedies provided to the Complainant; any appeal and the result therefrom; any informal resolution and the result therefrom.  These records will be maintained in accordance with the privacy protections set forth in Title IX, the Clery Act, FERPA, and any other applicable federal and state laws regarding the privacy of education and personnel records.

 

APPENDIX A

Campus and Community Resources

ON-CAMPUS RESOURCES: Please note that Confidential Resources will not provide information to the Title IX Coordinator, Public Safety or law enforcement, but will encourage the reporting person to contact the Title IX Coordinator, Public Safety, or law enforcement to report the incident and pursue an investigation. 

RESOURCE

CONTACT

Email address @villanova.edu

ROLE

OFFICE LOCATION

CONFIDENTIAL*

AVAILABILITY

Title IX Coordinator

Ms. Ryan Rost

610-519-8805

ryan.rost@

Accepts reports;

Coordinates supportive measures;

Liaison to Public Safety, SARC and/or RRC

 

Oversees Title IX Compliance

207 Tolentine Hall

NO

Normal business hours (Monday-Friday 9 am – 5 pm)

Title IX Case Manager & Senior Deputy Title IX Coordinator

Ms. Shannon Barnett

610-519-8804

shannon.barnett@

Accepts reports;

Coordinates supportive measures;

Liaison to Public Safety, SARC and/or RRC

207 Tolentine Hall

NO

Normal business hours (Monday-Friday 9 am – 5 pm)

Public Safety

 

 

David Tedjeske, Director of Public Safety & Chief of Police

 

 

Kim Kearney, Title IX Investigator & Deputy Title IX Coordinator

610-519-4444

Emergency

 

610-519-5800

david.tedjeske@

Non-Emergency

 

 

 

484-343-6926

kim.kearney@

Accepts reports; Conducts criminal and/or administrative investigations; Serves as liaison with other law enforcement agencies

Garey Hall, intersection of County Line Road, and Spring Mill Road

NO

24/7

 

Sexual Assault Resource Coordinator(s) [SARC]

484-343-6028

sarc@

Provides information about options and resources; Coordinates accommodations for students

Various

NO – all known information (including name of reporting person or complainant) shared with Title IX Coordinator - see section IV B of policy

Normal Business Hours (Monday-Friday 9 am – 5 pm)

 

Respondent Resource Coordinator(s)

 

610-519-8807

respondentresource@

Provides information on resources for respondents;  Coordinates accommodations

Various

NO

Normal business hours, (Monday-Friday 9 am – 5 pm)

Student Health Center

610-519-4070

Provides medical care to students;

Testing for sexually transmitted

infections, pregnancy, and predatory drugs, such as GHB, Rohypnol and Ketamine, is available;

 

Collection of evidence is not available and may be obtained at the local hospitals listed in the Off Campus Community Resources

 

 

 

 

 

 

 

 

Health Services Building, 3rd floor

 

 

 

 

 

 

 

 

 

NO – name of reporting person may not need to be shared if requested, see section IV B of policy

 

NOT

Confidential if treated by a physician, who is required by law to report sexual violence to the local police authorities

24/7 when classes are in session; 8am-4pm at other times

University Counseling Center

610-519-4050

Provides counseling for students

Health Services Building, 2nd floor

YES

Normal business hours and after hours – contact Student Health Center

UWill Crisis Help &

Telehealth Counseling

833-646-1526

 

Provides counseling for students

https://app.uwill.com/

YES

24/7

Residence Life / Resident Assistants

 

 

Professional Staff Members

610-519-4154 or

RAs located in each residence hall

Provides support & assists with reporting

 

Serves as liaison with Public Safety, SARC, and/or RRC

Stanford Hall, Ground Floor

NO

24/7

(through RA and professional on-call)

Campus Ministry and Clergy Members

610-519-3546

CMCommunication@

Provides support

109 St. Mary’s Hall

YES

if reporting to a priest in his capacity as pastoral counselor

 

NO

if reporting to employees who are not priests

Normal business hours (Monday-Friday 9 am – 5 pm)

Dean of Students

 

Tom DeMarco, Dean of Students & Associate Vice President for Student Life

 

Sydney Scheiner, Assistant Dean of Students for Conduct Resolution and Community Engagement & Deputy Title IX Coordinator

 

Rev. Bernie Scianna, OSA, Senior Associate Dean of Students for Student Support

 

610-519-4200

 

 

tom.demarco@

 

 

 

 

 

sydney.scheiner@

 

 

 

 

 

 

 

 

bernard.scianna@

 

Provides information concerning Code of Student Conduct Procedures

Coordinates accommodations

 

 

 

 

 

Provides support

202

Dougherty Hall

 

 

 

 

213 Dougherty Hall

 

 

 

 

 

 

213 Dougherty Hall

NO

 

 

 

 

 

 

NO

 

 

 

 

 

 

 

 

 

YES

if in capacity as pastoral counselor

Normal business hours(Monday – Friday, 9 am – 5 pm)

Health Promotion Stacy Andes, Director

610-519-7409

stacy.andes@

Facilitates  prevention initiatives

Health Services Building, 1st floor

NO

Normal business hours, (Monday-Friday 9 am – 5 pm)

Student Life

 

Kathy Byrnes, Vice President for Student Life

610-519-4550

kathleen.byrnes@

Provides support

202

Dougherty Hall

NO

Normal business hours (Monday-Friday 9 am – 5 pm)

Human Resources

 

Raymond Duffy, Vice President for Human Resources and

Affirmative Action Officer

 

Albert Baladez Senior Director of Human Resources& Deputy Title IX Coordinator

 

 

 

610-519-5135

raymond.duffy@

 

 

 

610-519-4238

albert.baladez@

Accepts reports

 

 

Accepts reports; Provides information about options and resources; Conducts employment discrimination investigations

789 Lancaster Avenue

NO

Normal business hours (Monday – Friday 9 am – 5 pm)

Athletics

 

Lynn Tighe

Senior Associate Athletic Director/ Chief Athletics Administrative Officer/SWA& Deputy Title IX Coordinator for Athletics

 

 

 

610-519-4121

lynn.tighe@

Accepts reports; Provides information about options and resources

Field House

NO

Normal business hours (Monday-Friday 9 am – 5 pm)

Office of Education Abroad

Liz Campanella, Director

610-519-5443

elizabeth.campanella@

Provides support; Provides information about options and resources; Coordinates accommodations

Garey Hall

NO

Normal business hours, (Monday-Friday 9 am – 5 pm)

Financial Assistance

610-519-4010

finaid@

Provides information about financial assistance

Kennedy Hall, Second Floor

NO

Normal business hours, (Monday-Friday, 9 am – 5 pm)

Visa and Immigration Services

610-519-4095

steve.mcwilliams@

Provides support to international students

Connelly Center, Second Floor

NO

Normal business hours, (Monday-Friday 9 am – 5 pm)

Health Advocate (employee assistance program through Human Resources)

866-799-2728

or

www.healthadvocate.

com/villanovastaff

Provides information about resources and counseling for employees

 

YES

24/7

Anonymous Reporting hotline (EthicsPoint)

1-855-236-1443

www.villanova.ethics

point.com

 

Accepts reports

 

YES

if reporter so desires

24/7

             
  • Confidential means the person will not report the incident to Public Safety or the Title IX Coordinator except, in some cases, as an incident without identifying information (to comply with Clery reporting requirements on crime statistics). Other resources are private, meaning the report and names may be shared but only with University employees who are involved in the investigation or resolution of such incidents or as required by law.
 

OFF-CAMPUS COMMUNITY RESOURCES

RESOURCE

PHONE CONTACT

CONFIDENTIAL

Law Enforcement

Radnor Township

Lower Merion Township Conshohocken Borough Upper Merion Township Tredyffrin Township

911

610-688-0503

610-649-1000

610-828-4032/4033

610-265-3232

610-647-1440

NO

Local Hospitals

(medical treatment and collection of evidence available; testing for predatory drugs may not be available but is available at the Student Health Center)

 

Bryn Mawr Hospital

Lankenau Medical Center

Paoli Memorial Hospital

 

 

 

 

 

 

 

484-337-3000

484-476-2000

484-565-1000

NO

Under Pennsylvania law, a hospital medical provider is required to notify law enforcement of a reported sexual assault. The Complainant may decline to speak with a law enforcement officer or participate in a criminal prosecution.  The hospital medical provider will not, however, without consent, notify the University.

 Philadelphia Sexual Assault Response Center      (support, medical treatment, and collection of evidence available)

100 E. Lehigh Street Philadelphia, PA 19125

215-425-1625

YES

Delaware County Victim Assistance Center

 

24 Hour HOTLINE (24/7)

610-566-4342

 

610-566-4342

YES

 

YES

Domestic Abuse Project of Delaware County

 

24 Hour HOTLINE (24/7)

610-565-6272

 

610-565-4590

YES

Delaware County Office of the District Attorney

610-891-4162

NO

Community Legal Services of Philadelphia

215-981-3700

YES

Delaware County Bar Association

610-566-6627

NO

Federal Student Aid Information Center

1-800-433-3243

www.fafsa.gov

NO

Visa Services

US Department of State www.state.gov

 

Catholic Social Services of Philadelphia- Immigration Services http://cssphiladelphia.org/css/community

 

 

222 North 17th Street 3rd Floor

Philadelphia, PA 19103

267-331-2490

NO

 

 

 

YES if legal services provided

 

APPENDIX B

Title IX Notice of Nondiscrimination

Title IX of the Education Amendments of 1972 (“Title IX”), and its implementing regulations, prohibits discrimination on the basis of sex in any federally funded education program or activity. The requirement not to discriminate on the basis of sex in the University’s education program or activity extends to admission and employment.  Sexual harassment, which includes sexual assault and other sexual misconduct, is a form of sex discrimination. Under the University Sexual Misconduct Policy, the University prohibits all forms of sexual misconduct including, sexual and gender-based harassment, sexual assault, sexual exploitation, dating violence, domestic violence, stalking and retaliation, some of which may constitute prohibited conduct under Title IX.  As a recipient of federal funds, Villanova University complies with Title IX and has appointed Ms. Ryan Rost as its Title IX Coordinator.   The Title IX Coordinator is responsible for overall Title IX compliance, including oversight of the University’s centralized review, investigation, and resolution process for matters arising under the University Sexual Misconduct Policy. Ms. Rost can be reached at 207 Tolentine Hall, (610) 519-8805, ryan.rost@villanova.edu. Inquiries about the application of Title IX and its implementing regulations may be referred to the Title IX Coordinator, to the Assistant Secretary for Civil Rights, U.S. Department of Education’s Office for Civil Rights, or both.

Any student, employee or applicant for employment or admission to the University who believes that they have been discriminated against on the basis of sex, in violation of Title IX, or has been a victim of sexual misconduct under the University’s Sexual Misconduct Policy, may make a report or file a complaint with the Title IX Coordinator or Deputy Title IX Coordinator designated below. The Title IX Coordinator is a University resource who can: discuss with Complainants and Respondents the availability of supportive measures with or without the filing of a formal complaint; consider the Complainant’s and Respondent’s wishes with respect to available supportive measures; explain to the Complainant the process for filing a formal complaint; and explain to the Respondent the process following the filing of a formal complaint.  The Title IX Coordinator or Deputy Title IX Coordinator will assist the Complainant in identifying the appropriate University policy (with its grievance procedure) to resolve the complaint in a prompt and equitable manner. The Title IX Coordinator or Deputy Title IX Coordinator may consult with other Villanova administrators, as needed, to resolve the complaint in the most effective manner.

The Title IX Coordinator is supported by several Deputy Title IX Coordinators, all of whom are knowledgeable and trained in state and federal laws that apply to matters of sexual misconduct, as well as University policy and procedure.

Ms. Ryan Rost │Title IX Coordinator

207 Tolentine Hall│ (610) 519-8805 │ ryan.rost@villanova.edu

Ms. Shannon Barnett │Senior Deputy Title IX Coordinator

Title IX Case Manager

207 Tolentine Hall│ (610) 519-8804 │ shannon.barnett@villanova.edu

Mr. Albert Baladez │Deputy Title IX Coordinator

Human Resources

Senior Director of Human Resources

789 Lancaster Avenue │ (610) 519-4238│ albert.baladez@villanova.edu

Ms. Kim Kearney │ Deputy Title IX Coordinator

Title IX Investigator

Garey Hall │ (484) 343-6926 │ kim.kearney@villanova.edu

Sydney Scheiner │Deputy Title IX Coordinator

Assistant Dean of Students for Conduct Resolution

213 Dougherty Hall │ (610) 519-4200 │sydney.scheiner@villanova.edu

Ms. Lynn Tighe │Deputy Title IX Coordinator for Athletics

Senior Associate Athletic Director for Administration

Field House, Second Floor │ (610) 519-4121│ lynn.tighe@villanova.edu

 

Concerns about the University’s application of Title IX can be made externally to:


Assistant Secretary for Civil Rights

Office for Civil Rights (OCR)

U.S. Department of Education

400 Maryland Avenue, SW

Washington, DC 20202-1100

Customer Service Hotline #: (800) 421-3481

Facsimile: (202) 453-6012

TDD#: (877) 521-2172

Email: OCR@ed.gov

Web: http://www.ed.gov/ocr