Reporting Sexual Misconduct & Getting Support
Sexual Harassment and Sexual Misconduct Support and Resource Guide
This page serves as a reference for students and employees who may have witnessed, experienced or been involved in sexual harassment or sexual misconduct. It contains the same information as listed in the University's Campus Awareness and Response and Education (CARE) brochure.
New Title IX Regulations and Updated University Policy
In May of 2024, the Department of Education released new Title IX regulations. Title IX protects individuals from discrimination based on sex in education programs or activities that receive Federal financial assistance. The Sexual Harassment and Sexual Misconduct Policy is University’s policy to effectuate Title IX. The new regulations provide very specific requirements that must be incorporated into the policy, including, but not limited to, new definitions, processes, and supportive measures; however, the regulations allow for some discretion where the University can articulate and adhere to is values of cura personalis.
The University has revised and implemented an updated Sexual Harassment and Sexual Misconduct policy as of August 1, 2024, in compliance with the legal requirements set by the new regulations. The Department of Education has stated that it will not—and does not have the authority to—enforce these final regulations retroactively; this means that they apply only to sex discrimination that allegedly occurred on or after August 1, 2024. Thus, the application of the regulations will be based on when the conduct allegedly happened - not when the conduct is reported.
Accordingly, all incidents of sex-based discrimination that allegedly occurred on or after August 1, 2024 will be reviewed and processed in accordance with the new 2024 Sexual Harassment and Misconduct Policy. All incidents that allegedly occurred prior to August 1, 2024 will follow the previous 2022 version of the Sexual Harassment and Misconduct Policy, which is in alignment with the 2020 Title IX regulations.
For incidents of sex-based discrimination that occurred on or after August 1, 2024, please see the Sexual Harassment and Sexual Misconduct Policy August 1, 2024.
SEXUAL HARASSMENT & SEXUAL MISCONDUCT POLICY AUG. 2024
For incidents of sexual misconduct and discrimination that allegedly occurred prior to August 1, 2024, please see the 2022 version of the Sexual Harassment and Sexual Misconduct Policy.
Responsible Reporter Statement
Every employee, including students working for the University (except those specifically identified as a “confidential” resource) who receives information of discrimination on the basis of sex, sexual and gender harassment or sexual misconduct involving a student, employee and/or third party as a complainant, respondent or witness, is required to share all relevant details (obtained directly or indirectly) with the Title IX Coordinator.
While students are encouraged to directly report information to the Title IX Coordinator, the University recognizes that a student, who is not an employee of the University, may choose to share information regarding sex discrimination, sexual and gender harassment and sexual misconduct with other employees of the University. Those reports may be shared with the Title IX Coordinator for consistent application of the Sexual Harassment and Sexual Misconduct Policy to all individuals and to allow the University to respond promptly and equitably to eliminate the prohibited conduct, prevent its recurrence and remedy its effects.
While confidential employees are not required to report sexual harassment or sexual misconduct to the Title IX Coordinator, the confidential employees must communicate their status as a confidential employee, and that they are not required to report sexual harassment or sexual misconduct, to anyone disclosing to them. They must also inform the person disclosing the information how to contact the Title IX Coordinator, how to make a complaint, and that the Title IX Coordinator may be able to offer and coordinate supporting measures and initiate a grievance procedure.
Sexual Harassment and Sexual Misconduct Reporting Information, Support and Resources
As a Catholic, Jesuit institution of higher learning, The ÃÛÌÒ´«Ã½ is committed to providing care and support for individuals who have experienced sexual harassment or sexual misconduct while remaining mindful of the safety and well-being of the larger University community. Sexual misconduct includes sexual assault, sexual exploitation, hostile sexual environment, domestic, dating and intimate partner violence and stalking. Federal laws (i.e., Title IX of the Education Amendments of 1972) require the University to take immediate and appropriate steps upon becoming aware of reports of sexual harassment or sexual misconduct. The University will make every reasonable effort to preserve an individual’s privacy in light of this responsibility.
The first priority for any individual is personal safety and well-being. In an emergency situation, the University encourages all individuals to seek immediate assistance from University Police (570-941-7777), the City of ÃÛÌÒ´«Ã½ Police Department at 911, and/or a medical facility. This is the best way to address immediate safety concerns while allowing for the preservation of evidence and an immediate investigative response. If you have experienced sexual misconduct, including sexual assault:
- Preserve all evidence of the sexual assault or other form of sexual misconduct.
- Do not bathe, change or dispose of clothing, use the restroom, wash hands, brush teeth, eat or smoke.
- If you are still at the location of the incident, do not clean anything.
- Write down all the details you can recall about the incident and the perpetrator including any information related to previous concerning behavior or history.
- In cases of sexual assault, seek medical care as soon as possible. Even if you do not have any visible physical injuries, you may be at risk of acquiring a sexually transmitted infection (women may also be at risk for pregnancy).
- Refer to contact information for local hospitals in this brochure.
- Ask the health care professional to conduct a Sexual Assault Forensic Exam (SAFE).
- If you suspect you were drugged, request collection of a urine or blood sample.
Medical Services in cases of sexual assault or other misconduct are best handled by a hospital when the student seeks assistance as soon as possible and within 72 hours of the incident. Medical treatment and the ability to preserve evidence is available within blocks of the University campus.
If an individual visits the hospital for an exam, both the police and Women’s Resource Center of Lackawanna County (WRC) may be notified by the hospital. The individual may choose whether or not to speak to the police and/or the WRC at the hospital. If the individual chooses to speak to the police, they still has the option of whether or not to file criminal charges. The WRC advocate is confidential and will be able to provide support and information throughout the process.
The University also provides support and assistance to students through Student Health Services (570.941.7667) during the academic year. Student Health Services is located at the corner of North Webster Avenue and Mulberry Street in the Roche Wellness Center.
If you have witnessed or experienced sexual harassment or sexual misconduct, you have several reporting options. It is your decision to participate in a criminal process, the University process, both or neither.
Report to the Police
Sexual assault and other forms of sexual misconduct are not only University policy violations but may also be crimes. You are encouraged, but not required, to report these crimes to the police. If you choose, University officials will assist you in contacting the police.
Report to the University
Sexual harassment and sexual misconduct are prohibited by The ÃÛÌÒ´«Ã½ and are violations of University policy. In an effort to support individuals as well as the campus community, the reporting options below will initiate a response process by the University. If you wish to speak with someone for confidential support, please see the confidential resources listed in this guide.
Filing a report with the University may not obligate a reporter to open or participate in a formal investigation. Reporting to the University allows the University to provide any available interim protective measures, resources and support to students, faculty and staff.
The University provides individuals the ability to anonymously report incidents of sexual harassment or sexual misconduct.
- Incident Reporting Form:
- Note: Reporting individuals may use this link to file reports anonymously. Reports made here are received by Title IX Coordinator in the Office of Equity and Diversity. All anonymous reports will be reviewed and processed per the University's policy; however, anonymous reports may hamper the Title IX Coordinator's ability to respond per policies.
Website:
Website:
Sexual harassment and sexual misconduct include a wide range of non-consensual behavior, none of which are tolerated in our University community. Many of these behaviors also constitute crimes. Please refer to the full definitions in the Sexual Harassment and Sexual Misconduct Policy section VI(A).1. QUID PRO
1. QUO SEXUAL HARASSMENT is defined as any employee, agent, or other person authorized by the University that conditions the provision of an aid, benefit, or service of the University on a complainant’s participation in unwelcome sexual conduct. Unwelcome sexual conduct includes, but is not limited to, any unwelcome sexual advance, request for sexual favors, or other unwanted conduct of a sexual nature, whether verbal, non-verbal, graphic, physical, or otherwise.
2. HOSTILE ENVIRONMENTAL HARASSMENT is unwelcome sex-based conduct that, based on the totality of the circumstances, is subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person's ability to participate in or benefit from the University’s education program or activity (i.e., creates a hostile environment).
This includes gender based harassment that is based on gender, sexual orientation, gender identity or gender expression, sex characteristic, sex stereotypes which may include acts of aggression, intimidation, or hostility, whether verbal or non-verbal, graphic, or otherwise that is subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person's ability to participate in or benefit from the University’s education program or activity (i.e., creates a hostile environment).
5. DATING VIOLENCE is defined as 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 shall be determined based on the Complainant’s statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. For 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.
6. DOMESTIC VIOLENCE is defined as violence, physical abuse, or a pattern of any other coercive behavior committed, enabled or solicited to gain or maintain power and control, including verbal, psychological, economic or technological abuse[1],y a current or former spouse or intimate partner of the complainant
- By a person with whom the complainant shares a child
- By 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 the domestic violence laws of the jurisdiction in which the crime of violence occurred
- 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 jurisdiction in which the crime of violence occurred.
7. INTIMATE PARTNER VIOLENCE is defined as any act of violence or threatened act of violence that occurs between individuals who are involved or have been involved in a sexual or other intimate relationship. Intimate Partner Violence includes threatening or causing physical harm or engaging in other conduct that endangers the health or safety of an intimate partner. It may involve one act or an ongoing pattern of behavior. Intimate Partner Violence can encompass a broad range of behavior, including, but not limited to, threats, assault, property damage, violence or threat of violence, to one’s intimate partner or to the family members or friends of the partner.
8. STALKING defined as engaging in a course of conduct (more than once) on the basis of sex directed at a specific person that would cause a reasonable person to:
- Fear for that person’s safety or the safety of others; or
- Suffer substantial emotional distress. For the purpose of this definition:
- Course of conduct means two or more acts, including but not limited to, acts in which the stalker directly, indirectly, or through third parties, by an action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property.
- Reasonable person means a person under the similar circumstances and with similar identities as the complainant.
- Substantial emotional distress means significant mental suffering or anguish that may not necessarily require medical or other professional treatment or counseling.
Stalking also includes the concept of cyber stalking in which electronic media is used to pursue, harass, or to make repeated unwanted contact with another person in an unsolicited fashion. It may involve persons who are known to one another or have an intimate or sexual relationship or may involve persons not known to one another.
Supportive measures are designed to restore or preserve equal access to the University’s programs or activities without unreasonably burdening the opposing party, and to deter sexual harassment. Supportive measures will be implemented at the discretion of and established by the Title IX Coordinator or Deputy Title IX Coordinator.
- Instituting an Administrative Directive for No-Contact between involved parties.
- Limiting an individual’s access to certain facilities or activities pending resolution.
- Providing referrals to counseling and health services.
- Referral to community-based service providers.
- Referring to the Employee Assistance Program.
- Providing education and advisories to the community.
- Altering the housing situation of the reporting or responding party.
- Offering adjustments to academic deadlines, course schedules, etc.
- Offering adjustments to extracurricular activities or other activities.
- Training and education programs.
- Offering students Financial Aid Counseling.
- Providing academic support services, such as tutoring.
- Altering work arrangements for employees.
- Instituting administrative leaves of absence for employees or students.
- Assisting with visa and immigration issues.
- Providing campus escorts.
- Providing transportation assistance to the hospital.
- Issuing emergency removals pending a formal process and appeal (see VIII (E))
- Increasing security and monitoring of certain areas of the campus.
- Providing any other measure which can be tailored to the involved parties to achieve the goals of the University’s policy.
Various resources within the University and local community are available for individuals who have experienced sexual harassment or sexual misconduct of any kind. Regardless of which resource(s) an individual chooses to access, the situation will be handled with sensitivity and care to protect the privacy of the individual/s involved.
Confidential Resources: An individual who desires confidentiality should make contact with one of the confidential resources/support services listed below. Information shared with a confidential resource is not reported to the University, Title IX Coordinator or law enforcement for investigation unless the individual disclosing the confidential resources later chooses to engage those resources.
- The ÃÛÌÒ´«Ã½ Counseling Center (570) 941-7620, located on the 6th floor O’Hara Hall, at the corner of Linden St. and Jefferson Ave., provides confidential counseling services to University students from Mon-Fri 8:30am-4:30pm during the academic year. Upon request, the Counseling Center will provide counseling as well as referrals to agencies off-campus.
- Student Health Services (570) 941-7667, located at the corner of North Webster Avenue and Mulberry Street in the Roche Wellness Center. provides confidential medical support and assistance to University students. Normal Business Hours: Mon - Thurs 8:30 a.m. - 5 p.m. and Friday 8:30 a.m. - 4:30 p.m. Intercession Hours: Monday-Friday 8:30 a.m. to 4:30 p.m. (Last appointment 4 p.m.) Summer Hours: Monday - Friday 8:30 a.m. - 4:30 p.m. (Walk in appointments only). During normal business hours Nurse practitioner and physician office visits are available by appointment. Appointments can be made on line by accessing the .
- Women’s Resource Center of Lackawanna County (570) 346-4671 is a confidential, community-based agency serving those who have experienced sexual assault or other sexual misconduct. A counselor/advocate can be reached 24 hours a day.
- National Sexual Assault Hotline (800-656-HOPE) is a free, confidential national resource available 24 hours a day by calling or online.rainn.org
- Employee Assistance Program: (1-800-327-2255) NexGenEAP, offers professional counselor services, including confidential counseling in-person or over the phone for a variety of stressful issues including sexual harassment and misconduct. Member and group numbers may be found by visiting /hr/benefits/employee-assistance-program.shtml
Additional Resources and Support Services for Students – Private but Not Confidential
Regardless of which resource(s) an individual chooses to access, the situation will be handled with sensitivity and care to protect the privacy of the individual/s involved.
- Campus Ministries (570) 941-7419, located in the DeNaples Center, Suite 200, offers pastoral support. Students may stop by the office and ask to speak to a priest or campus minister or schedule an appointment. Although Campus Ministries staff are not confidential employees, ordained priests acting in their pastoral capacity are confidential and will not report to the Title IX Coordinator.
- The Jane Kopas Women’s Center (570) 941-6194, located in the DeNaples Center, Suite 205 offers a safe and comfortable gathering place and also provides educational programming, leadership development, resources and referrals.
- www.scranton.edu/CARE is a website maintained by the University which provides information and resources for those in our campus community who have experienced or witnessed sexual harassment or sexual misconduct.
- The Title IX Coordinator, Elizabeth Garcia, and Deputy Title IX Coordinator, Diana Collins Gilmore, (570) 941-6645 are in the Office of Equity and Diversity located in the Institute of Molecular Biology and Medicine, Suite 315. The Title IX Coordinator or Deputy Title IX Coordinator is available to discuss any questions regarding the Sexual Harassment and Sexual Misconduct Policy, to assist an individual in accessing resources and support services, and to facilitate the investigation and resolution of reports of conduct that may violate the Sexual Harassment and Sexual Misconduct Policy.
- University Police (570) 941-7777, located on level 2 of the Parking Pavilion, corner of Mulberry St. and Monroe Ave., are available to coordinate with various resources to provide for the safety and well-being of an individual who experienced sexual assault or sexual misconduct. This may include transporting a student to a hospital for medical care, assisting in obtaining a Protection from Abuse Order from the local court, and/or coordinating with appropriate legal authorities including the Lackawanna County District Attorney’s Office and the Victim/Witness Unit.
- The Dean of Students, Lauren Rivera, (570) 941-7680, located in the DeNaples Student Center, Suite 201, meets with students to offer support and resource information, safeguard the larger University community, discuss formal reporting options, and review the Title IX investigation process. The information, resources and support provided by the Dean of Students is outlined in detail in the Sexual Harassment and Sexual Misconduct policy.
Your Rights Under University Policy
The ÃÛÌÒ´«Ã½ strives to provide members of the campus community with fair and equitable resolution processes that include both formal and informal options.
REPORTING
- Reporting individuals have the right to notify law enforcement of incidents and to receive assistance from campus personnel.
- Reporting individuals may decline to report to law enforcement if they so wish.*
- Reporting individuals have the right to have their report investigated and resolved internally by the University
FAIRNESS
- All members of the campus community have the right to have reported incidents addressed according to the published University policy and procedures. See the Responsible Reporter Statement.
- Complainants and Respondents have the right to have an advisor of their choosing present throughout all resolution proceedings (including interviews, meetings, etc.). An advisor can be a campus community member, family member, friend, attorney, etc.
- Complainant refers to the individual(s) who may have experienced sexual harassment or sexual misconduct, regardless of whether that individual makes a report or seeks formal disciplinary action.
- Respondent refers to the individual(s) who has been accused of sexual harassment or sexual misconduct.
- Complainants and Respondents are entitled to written notice of the outcome of a formal investigation.
- Reporting parties and witnesses will receive amnesty for minor infractions (e.g., drug and alcohol violations that don’t affect the safety of the greater campus community) that are secondary to incidents of sexual misconduct.
- All members of the campus community have the right to be free from retaliation for reporting sexual harassment or misconduct or participating in an investigation or resolution.
SUPPORT
- Individuals have a right to be notified of the availability of counseling and health services.
- Individuals have a right to be notified of resources available both on and off campus.
- All parties involved in sexual harassment or sexual misconduct allegations will receive the information and assistance needed to effectively participate in all proceedings.
- Parties have the right to seek restraining orders, or similar lawful orders issued by criminal or civil courts, and may seek the help of the Title IX Coordinators or ÃÛÌÒ´«Ã½ Police.
- The Office of Equity and Diversity will coordinate residential, academic and other appropriate resources and interim measures to assist students who have experienced sexual harassment or sexual misconduct.
*In limited circumstances the University Police Department is notified where there may be an ongoing threat to the community (i.e., Clery Reportable matters including those that may require activation of the Emergency Notification System)
Risk Reduction Factors
Risk reduction factors are steps individuals can take to minimize the possibility of sexual misconduct and increase safety and a sense of empowerment for themselves or others. There is no guaranteed way to avoid sexual misconduct. These risk reduction factors and safety ideas are a choice, not a responsibility. Whether someone chooses to use these ideas, sexual misconduct is not the fault of the person who experiences it. Remember that sexual activity is a choice, and all people, at any time, are free to choose whether or not to be sexually active.
- Trust your gut and intuition. If you feel threatened, yell or leave the situation if you can do so safely.
- Avoid people who don’t listen to you, ignore personal space boundaries, etc.
- Only attend gatherings with friends you trust.
- Know your sexual intentions and limits and communicate those limits firmly and directly.
- Avoid mixing sexual decisions with drugs and alcohol.
- Be aware of predatory drugs.
Sexual harassment and sexual misconduct can occur despite all precautions. If you experience any sexual harassment or sexual misconduct, it is not your fault.
Be an active bystander:
- Notice the situation and be aware of your surroundings.
- Interpret it as a problem. Ask yourself, “Do I believe someone needs help?”
- Feel responsiblee to act. Educate yourself on what to do.
- Intervene safely. Keeping yourself safe while taking action is key.
If a situation presents, intervene safely:
- Bring in others to help when the situation may be potentially dangerous.
- Ask the individual you are concerned about if they are ok.
- Provide support and information available at scranton.edu/care .
- Distract or redirect individuals in unsafe situations.
- Ask the individual if they want to leave.
- Call University Police (570) 941-7777 or ÃÛÌÒ´«Ã½ Police (911).
Encourage safety for yourself and others
- Have a plan. Talk to your friends about your plans and intentions before you socialize.
- Watch out for others. If you are concerned about someone, offer your support.
- Diffuse situations. If you see a friend coming on too strong to someone who may be too drunk to make a consensual decision, interrupt, distract, or redirect the situation. If you do not feel comfortable doing so, get someone else to step in.
- Trust your instincts. If a situation does not feel right to you, trust your instinct. If possible, remove yourself and others from the situation.
Information is based on Bystander Intervention research being completed at the University of New Hampshire (Bringing in the Bystander®).
The United States Department of Education’s Office for Civil Rights (OCR) enforces Title IX. Information regarding OCR may be found at