Contact Information for Chatham University's Title IX Coordinator
Joe Hall – Interim Title IX Coordinator and Consultant
216-523-5481
TitleIX@wst-tech.com
Title IX of the Higher Education Act of 1972 prohibits discrimination on the basis of sex in education programs and activities operated by recipients of federal financial assistance.
In May 2020 the U.S. Department of Education issued its Final Rule amending the regulations implementing Title IX. The Final Rule provides for the first time that sexual harassment, including sexual assault, is discrimination based on sex. Recipients were given until August 14, 2020 to implement new policies and procedures in compliance with the Final Rule.
The U.S. Department of Education (DoE) defines Sexual Harassment as conduct on the basis of sex that satisfies one or more of the following:
In Pennsylvania, a person under the age of 16 years old cannot consent to sexual activity with an individual who is four or more years older, and a person under the age of 13 cannot consent to sexual activity regardless of the other person’s age. Therefore, sexual contact with a person younger than 16 years old may be a crime under state law as well as a violation of this Policy. In addition, certain incidents of sexual conduct involving individuals under the age of 16 will be reported to Childline at 1-800-932-0313 as required by law.
For the purposes of this definition, dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse. Dating violence does not include acts covered under the definition of Domestic Violence.
To categorize an incident as Domestic Violence, the relationship between the perpetrator and the victim must be more than just two people living together as roommates. The people cohabitating must be current or former spouses or have an intimate relationship.
* As required by the DoE, Chatham uses the definition of Sexual Assault from 20 U.S.C. 1092 (f)(6)(A)(v) [implementing the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act)] and the definitions of Dating Violence, Domestic Violence, and Stalking from the Violence Against Women Act (VAWA): 34 U.S.C.12291 (a)(10); (a)(8); and (a)(30), respectively.
Although the definitions of Rape and Fondling in the Clery Act are framed in terms of male or female victims, these crimes can happen to people regardless of their gender identification. Therefore, Chatham will apply the definitions of Rape and Fondling, and all of the definitions above, to all individuals, regardless of their gender identity.
For urgent, emergency cases (e.g., sexual assault), please call the 24-hour emergency Chatham Public Safety hotline at 412-365-1111 or the City of Pittsburgh Police at 9-1-1.
A report can be made to either (a) Chatham’s Title IX Coordinator (see contact information immediately below) or (b) to any Chatham official in authority to institute corrective measures.
Reports of Sexual Harassment, including Sexual Assault, also may be made to any Responsible Employee at Chatham. Responsible Employees have an obligation to promptly report incidents of Sexual Harassment, including Sexual Assault, that have been reported to them, to the Title IX Coordinator, or to one of the Deputy Title IX Coordinators.
Responsible Employees include all Chatham employees except the professional counselors in the Counseling Center or Health Services staff. This includes: Adjunct Faculty and Teaching Assistants; all Administrators, including Vice Presidents, Assistant Vice Presidents, Program Directors, Department Chairs, Deputy Title IX Coordinators, and Intern Assistant Administrators; all Head Coaches, Assistant Coaches, and Intern Assistant Coaches; and all Residence Life staff, including Resident Assistants and Graduate Resident Directors.
Among the benefits of the Responsible Employee concept are that it cultivates a culture of reporting, provides clarity to the campus community, and provides the opportunity to respond and take corrective action as appropriate. For these reasons, and even though not every Responsible Employee will be a “Chatham official in authority to institute corrective measures,” Chatham will continue to utilize the Responsible Employee model.
*The online Incident Report may be submitted anonymously. If doing so, however, please bear in mind that reports which include greater specificity and facts generally are more helpful in achieving the Title IX Office’s goals of stopping Sexual Harassment, preventing it from happening again, and helping those who have experienced it. Online Incident Reports are received by the Title IX Office and accessed by the Title IX Coordinator who will share them only with other Title IX staff, only as necessary.
Magee Women’s Hospital of UPMC: 412-641-4933
UPMC Mercy Hospital: 412-232-8111
Chatham Student Health Services & Counseling Center: 412-365-1282
The following Campus and External Resources are recommended:
A Complainant has the right to proceed with a Title IX Investigation and a criminal investigation simultaneously when the alleged Sexual Harassment is a criminal offense (e.g., sexual assault). If a Complainant would like to pursue a criminal investigation, Chatham will, at the Complainant’s request, facilitate an introduction to the appropriate Pittsburgh law enforcement agency.
If the Complainant files a criminal complaint with a local law enforcement agency, Chatham will comply with the law enforcement agency’s requests for cooperation. Such cooperation may require Chatham to temporarily suspend the fact-finding aspect of a Title IX investigation while the local law enforcement agency gathers evidence. In such cases, any Supportive Measures provided will remain in effect, and the parties will be notified if the timeline of the investigation will need to be amended accordingly. However, Chatham will resume its Title IX investigation as soon as notified by the law enforcement agency that it has completed the evidence-gathering process.
It is important to note that a Title IX investigation is not a criminal investigation. A Title IX investigation differs from criminal investigations in a number of respects: it applies a different standard of proof (“preponderance of the evidence” vs. “beyond a reasonable doubt”), it cannot avail itself of many of the investigative tools that law enforcement agencies and prosecutors have at their disposal (e.g., subpoenas, depositions under oath, forensic tools), and it cannot result in the imposition of a jail sentence. Another difference is that law enforcement has the discretion to investigate an allegation of a sexual assault, but a university that is subject to Title IX must investigate any allegation of a sexual assault where a Complainant has filed a Formal Complaint, regardless of whether local police decide to file charges.
Chatham is required to respond to an allegation of sexual harassment when: (1) Chatham has Actual Knowledge of Sexual Harassment (i.e., when a report is made to either the Title IX Coordinator or to any Chatham official with authority to institute corrective measures); (2) it occurred within Chatham’s Education Program or Activity; (3) it occurred against a person in the United States.
What if an allegation doesn’t meet the DoE’s definitional or jurisdictional requirements of Sexual Harassment under Title IX, but may violate some other code of conduct of Chatham University?
The DoE’s Final Rule acknowledges that there may be instances when allegations that do not meet the DoE’s definition of Sexual Harassment may violate other conduct policies of a Recipient. In such cases, and in keeping with past practice and Chatham’s commitment to eliminating discrimination in all its forms, the Title IX Office may refer such cases to the appropriate administrator on campus (e.g., the Dean of Students for possible Student Conduct Code violations, or the Assistant Vice President of Human Resources for possible Employee Manual violations).
Under the Final Rule, Chatham’s response to a report of Sexual Harassment is driven by the wishes and preferences of the Complainant. However, if a Complainant elects not to file a Formal Complaint, but Chatham has Actual Knowledge of reports by multiple Complainants of conduct by the same Respondent that could constitute Sexual Harassment, the Final Rule requires the Title IX Coordinator to file a Formal Complaint against the Respondent.
If the Complainant chooses to file a Formal Complaint, the Title IX Coordinator must initiate the Grievance Process described in Section VII of this Policy.
At any time during the investigation or hearing, the Complainant may notify the Title IX Coordinator in writing that the Complainant would like to withdraw the Formal Complaint or any allegations therein. In such case, the Title IX Coordinator may dismiss the Formal Complaint or any allegations therein.
A Formal Complaint is a document filed by a Complainant (or the Title IX Coordinator) alleging Sexual Harassment against a Respondent and requesting that Chatham investigate the allegation of Sexual Harassment. A Formal Complaint must contain the Complainant’s physical or digital signature, or otherwise indicate that the Complainant is the person filing the Formal Complaint.
A Complainant may file a Formal Complaint with the Title IX Coordinator in person, by mail, or by electronic mail, by using the contact information for the Title IX Coordinator found in Section III.
Only a Complainant (or the Title IX Coordinator) may file a Formal Complaint.
General Provisions
The Grievance Process at Chatham:
General
Upon receipt of a Formal Complaint, written notice will be provided to the parties who are known of the following:
New allegations
If, in the course of an investigation, Chatham decides to investigate allegations about the Complainant or Respondent that are not included in the original Notice of Allegations, Chatham must provide notice of the additional allegations to the parties whose identities are known.
Both the Complainant and the Respondent are permitted to have an Advisor, who may or may not be an attorney, present during the Title IX Grievance Process.
During an interview, meeting or proceeding other than a Hearing, the Advisor may confer quietly with the Complainant or Respondent to provide advice or support, but the Advisor may not speak on behalf of the Complainant or Respondent, testify, address any other participant, interject or otherwise actively participate in, or in any manner disrupt the interview, meeting or proceeding.
During a Hearing, a Party’s Advisor has the right to cross-examine the other party and any witnesses on the party’s behalf. During a Hearing, the Advisor may also confer quietly with the Complainant or Respondent to provide advice or support, but the Advisor may not speak on behalf of the Complainant or Respondent, testify, address any other participant, interject or otherwise actively participate in, or in any manner disrupt the interview Hearing.
The Title IX Coordinator has the right at all times to determine what constitutes appropriate behavior on the part of an Advisor in all proceedings other than Hearings (where the Decision Maker will make that determination), and to take appropriate steps to ensure compliance with the Policy.
If either Party does not have an Advisor for the Hearing, Chatham must appoint one for them for the purposes of conducting cross-examination of the other Party and any witnesses.
Any Party who elects to have an Advisor through the Grievance Process shall inform the Title IX Office of the Advisor’s identity before the Advisor attends any interview, meeting, or proceeding with the Party.
Each Party may have one Support Person (e.g., a victim advocate from PAAR or a similar organization) accompany them to any meeting, interview or hearing during the Grievance Process. The purpose of the Support Person is to provide the Party with emotional support. The Support Person shall not otherwise take part in any way in any meeting, interview or hearing, and in no case shall ask or pose questions or speak to any person other than the Party they are supporting.
Chatham must investigate the allegations in a Formal Complaint. If the conduct alleged in the Formal Complaint would not constitute Sexual Harassment if proved, did not occur in Chatham’s education program or activity, or did not occur against a person in the United States, then the Title IX Coordinator must dismiss the Formal Complaint with regard to that conduct for purposes of Sexual Harassment under Title IX.
If the Title IX Coordinator dismisses all or any part of a Formal Complaint for the reasons described above, opportunity must be offered to both parties to appeal that decision pursuant to the guidelines described in Section 8, Appeals, below.
The Grievance Process must provide for a Hearing presided over by a Decision-Maker. At the Hearing:
After the Hearing, the Decision-maker(s) must issue a written determination regarding responsibility. To reach this determination, the Decision-Maker must apply the Preponderance of Evidence Standard of Evidence.
The written determination must include:
Chatham must provide the written determination to the parties simultaneously. The determination regarding Responsibility becomes final either on the date that Chatham provides the parties with the written determination of the result of the appeal, if an appeal is filed, or if an appeal is not filed, the date on which an appeal would no longer be considered timely.
The Title IX Coordinator is responsible for effective implementation of any Remedies.
Bases for Appeal
Either Party may appeal from either (a) the dismissal of a Formal Complaint or any allegation therein or (b) a final determination regarding responsibility on the following bases:
In addition, appeals of the dismissal of a Formal Complaint may be made on the following basis:
Process on Appeal
Appeal from a Title IX Coordinator’s Dismissal of a Formal Complaint:
Appeal from a Decision-Maker’s Final Determination:
Prohibition of Retaliation
The Final Rule expressly prohibits retaliation against any individual for exercising Title IX rights. The Final Rule states “No school or person may intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by Title IX, or because the individual has made a report or a complaint, testified, assisted, or participated in any manner in a Title IX investigation, proceeding, or hearing. Intimidation, threats, coercion, or discrimination, including charges against an individual for code of conduct violations that do not involve sex discrimination or harassment, for the purpose of interfering with any right or privilege secured by Title IX, constitutes retaliation.” The Final Rule also provides that the exercise of rights protected under the First Amendment does not constitute Retaliation.
How to Report Retaliation
Anyone who has been subjected to retaliation for being part of a Title IX action in any capacity (e.g., Party, witness, advisor, investigator, decision-maker) may report such retaliation to the Title IX Coordinator by any of the means by which reports of Sexual Harassment can be made.
Procedure for Resolving Reports of Retaliation
When a report of retaliation is made, the Title IX Coordinator shall, in a timely manner, investigate any witnesses and gather any evidence needed to make a determination, using the preponderance of the evidence standard, of whether the alleged retaliation occurred.
If the Title IX Coordinator determines that retaliation did occur, the Coordinator will determine whether any disciplinary sanctions shall be levied in consultation with the Dean of Students (for students), the Vice President of Academic Affairs (for faculty), or the Assistant Vice President of Human Resources (for non-faculty employees).
Chatham provides Title IX training, including the definition of Sexual Harassment under Title IX, the implementation of regulations under the Office for Civil Rights, and other required topics.
Joe Hall – Interim Title IX Coordinator and Consultant
216-523-5481
TitleIX@wst-tech.com