Student Handbook: Policies and Procedures

Student Life Policies

University Policies

Title IX Sexual Harassment and Community Standards Sexual Misconduct Policy and Procedures

MARYWOOD UNIVERSITY
TITLE IX SEXUAL HARASSMENT

AND COMMUNITY STANDARDS SEXUAL MISCONDUCT

POLICY AND PROCEDURES

I. POLICY STATEMENT
Marywood University (the “University”) “honors the uniqueness and dignity of each human
person” (Core Values of Marywood University, Respect). The University declares and affirms a
commitment to maintaining a comfortable, healthy, and safe learning, living, and working
environment for all members of the Marywood community. Marywood does not condone and
will not tolerate sexual discrimination or sexual violence of any kind, including, but not limited
to, rape, domestic violence, dating violence, sexual assault, stalking, sexual exploitation,
harassment based on sex, sexual activity for which there is no consent, or any other misconduct
that may violate this Title IX Sexual Harassment and Community Standards Sexual Misconduct
Policy, including hazing, bullying, and cyberbullying, if it is sex/gender-based.
Marywood University is subject to Title IX of the Educational Amendments of 1972 (“Title
IX”), 20 U.S.C. §§1681, et seq., which states that “[n]o person in the United States shall, on the
basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to
discrimination under any education program or activity receiving Federal financial assistance.”
Marywood University does not discriminate on the basis of sex and will not tolerate sexual
misconduct in any form, including as defined by Title IX or Marywood University’s Community
Standards. Inquiries concerning the application of Title IX may be directed to the Title IX
Coordinator or a Deputy Title IX Coordinator for the University, or to the Assistant Secretary for
the Office of Civil Rights of the United States Department of Education (see below for contact
information). Marywood University’s complete Notice of Non-discrimination is available at
http://www.marywood.edu/campus-safety/policies/anti-discrimination.html
Marywood University is committed to taking all necessary steps to comply with any obligations
it may have under Title IX of the Education Amendments Act of 1972, Title VII of the Civil
Rights Act of 1964, as amended, and the Campus Sexual Violence Elimination (Campus SaVE)
Act of 2013. These are explicit civil and legal applications of the formulation of beliefs already
cherished in Marywood’s religious commitment, objectives, and practices.

II. SCOPE OF POLICY
Marywood University’s Title IX Sexual Harassment and Community Standards Sexual
Misconduct Policy (“the Policy”) applies to all faculty, staff, administration, employees,
students, volunteers, and visitors on campus property. Additionally, the Policy applies to the
conduct of all faculty, staff, administration, employees, students, volunteers, and visitors at off-
campus University-sponsored events, including, but not limited to, academic and educational
programming, internships, athletic events, and all other University programming, as well as to
the conduct of all faculty, staff, administration, employees, students, volunteers, and visitors
occurring off-campus but having an effect on the University’s educational program or activity.
Alleged misconduct subject to this Policy (“Prohibited Conduct”) includes both Title IX Sexual
Harassment (which is defined by law) and Community Standards Sexual Misconduct (which
includes allegations that do not meet the definitions under Title IX, but nonetheless violate
Marywood University community standards), as discussed further in the Definitions (Section IV)
below.
Marywood University will process all complaints reported under this Policy regardless of where
the conduct occurred to determine whether the conduct occurred in the context of its educational
program or has continuing effects on campus or in an off-campus program or activity.
Anyone believing they have been the victim of, or a witness to, or otherwise has reason to
believe or become aware of conduct that may be in violation of this Policy by, or involving, any
member of the University community, guests, or visitors on University property, any property
controlled by the University, including off-campus University sponsored events should report the
incident as soon as possible to the Title IX Coordinator or one of the Deputy Title IX
Coordinators.
Marywood University will take the steps necessary to stop any and all misconduct, prevent its
recurrence, and correct its discriminatory effects on the complainant and others.
Preservation of Evidence

The preservation of evidence in incidents of sexual violence is critical and particularly time-
sensitive. It is important for the complainant to be aware of the importance of preserving

evidence by taking the following actions:
1. Seek medical assistance at the hospital, ideally within 72 hours of the incident.
2. Do not shower, bathe, wash hands or face, or douche.
3. Try not to urinate.
4. If oral contact took place, refrain from smoking, eating, drinking, or brushing teeth.
5. If clothes are changed, place soiled clothes in a paper bag (plastic destroys evidence).
During the initial meeting between the complainant and the University Title IX Coordinator or
Deputy Title IX Coordinator, the importance of taking those actions will be reiterated, when
relevant.
III. TITLE IX AND THE TITLE IX COORDINATOR
The following individuals are responsible for coordinating Marywood University’s efforts to
comply with Title IX and this Policy:


Dr. Yerodin Lucas, Interim Director of Equity & Inclusion | Title IX Coordinator | 504
Coordinator
ylucas@marywood.edu
570-340-6042
Liberal Arts Center, Room 218
Mr. Ross Novak, Dean of Students
Deputy Title IX Coordinator – for Complaints against Students
rnovak@marywood.edu
570-348-6246
Liberal Arts Center, Room 101
Molly Baron, Director of Human Resources
Deputy Title IX Director - Human Resources
mbaron@marywood.edu
570-340-6053
Liberal Arts Center, Room 86
Nicole Malloy, Assistant Director Athletics
Deputy Title IX Coordinator - Athletic Complaints
malloy@marywood.edu
570-340-2489
Marywood Center for Athletics and Wellness, Room 207
Please contact any of the above with questions regarding Title IX or this Policy. Questions may
also be directed to:
Assistant Secretary for Civil Rights
U.S. Department of Education
Office for Civil Rights
400 Maryland Avenue, SW
Washington, D.C. 20202-1100
Telephone: 800-421-3481
Email: OCR@ed.gov

Definitions

IV. DEFINITIONS
Terms used in this Policy have the following meanings:
Advisor: An Advisor is a person who has agreed to provide support and advice to a
Complainant or Respondent, subject to the provisions of Section X(C).
Appeal Officer: The individual(s) responsible for determining an appeal under Section XII.
The Appeal Officer may be Marywood’s employee or an external contractor. The Appeal
Officer will not be Marywood’s Title IX Coordinator, nor the Investigator or Hearing Officer
who were assigned to the matter that is the subject of the Appeal.

Community Standards Sexual Misconduct: Community Standards Sexual Misconduct
includes conduct by an individual or a recognized student organization that does not constitute
Title IX Sexual Harassment, or is not subject to the filing of a Formal Complaint as Title IX
Sexual Harassment because the Complainant is not participating or attempting to participate in
Marywood University’s education program or activity, but that (a) has continuing adverse effects
on or creates a hostile environment for individuals participating or attempting to participate in
Marywood University’s education program or activity, or otherwise has a reasonable connection
to Marywood University; and (b) constitutes one of the following:

 Community Standards Sex Discrimination: Discrimination on the basis of sex.
 Community Standards Sexual Harassment: Conduct on the basis of sex that
involves an employee of Marywood conditioning the provision of an aid, benefit,
or service of Marywood on an individual’s participation in unwelcome sexual
conduct; or an individual engaging in unwelcome conduct determined by a
reasonable person to be so severe, pervasive or objectively offensive that it
effectively denies a person equal access to Marywood’s education program or
activity. Community Standards Sexual Harassment also includes the following:
o Community Standards Sexual Assault: Penetration or attempted
penetration, no matter how slight, of the vagina or anus with any body part
or object, or oral penetration or attempted penetration by a sex organ of
another person, without the consent of the alleged victim.
o Community Standards Fondling: The touching of the private body parts
of another person for the purpose of sexual gratification without the
consent of the alleged victim.
o Community Standards Incest: Non-forcible sexual intercourse between
persons who are related to each other within the degrees wherein marriage
is prohibited by law.
o Community Standards Statutory Rape: Non-forcible sexual
intercourse with a person who is under the statutory age of consent.
o Community Standards Dating Violence: Violence, including sexual or
physical abuse or the threat of such abuse, committed by a person (a) who
is or has been in a social relationship of a romantic or intimate nature with
the alleged victim; and (b) where the existence of such a relationship shall
be determined based on a consideration of the following factors: (i) the
length of the relationship, (ii) the type of relationship, and (iii) the
frequency of interaction between the persons involved in the relationship.
o Community Standards Domestic Violence: Violence committed by a
current or former spouse or intimate partner of the alleged victim, by a
person with whom the alleged victim shares a child in common, by a
person who is cohabitating with or has cohabitated with the alleged victim
as a spouse or intimate partner, by a person similarly situated to a spouse
of the alleged victim under the domestic or family violence laws of
Pennsylvania, or by any other person against an adult or youth alleged
victim who is protected from that person’s acts under the domestic or
family violence laws of Pennsylvania.
o Community Standards Stalking: Engaging in a 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. For purposes of this definition, (a) course of conduct means two
or more acts, including, but not limited to, acts in which the alleged stalker
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;
(b) reasonable person means a reasonable person under similar
circumstances and with similar identities to the victim; and (c) substantial
emotional distress means significant mental suffering or anguish that may,
but does not necessarily, require medical or other professional treatment or
counseling.
o Community Standards Sexual Exploitation: Sexual Exploitation,
defined as: taking non-consensual or abusive sexual advantage of another
for one’s own benefit or for the benefit of anyone other than the person
being exploited, and that conduct does not otherwise constitute another
form of Community Standards Sexual Harassment under this policy.
Complainant: An individual who is alleged to be the victim of Prohibited Conduct.
Consent: A knowing, voluntary and mutual decision among participants to engage in sexual
activity, as discussed further in Section VI.
Formal Complaint: A document submitted by a Complainant and bearing the Complainant’s
physical or digital signature, or otherwise indicating that the Complainant is the one filing the
Formal Complaint, requesting that the Marywood University investigate the allegations of
Prohibited Conduct. The Title IX Coordinator also may sign a Formal Complaint, as discussed
in Section X, but does not become the Complainant by doing so. In order to file a Formal
Complaint for Title IX Sexual Harassment, a Complainant must be participating in or attempting
to participate in Marywood’s education program or activity at the time a Formal Complaint is
filed.
Hearing Officer: The individual responsible for conducting the Hearing under Section XI (D),
reaching a decision on responsibility and assigning sanctions, if appropriate. The Hearing
Officer may be Marywood University’s employee or an external contractor. The Hearing Officer
shall not be Marywood’s Title IX Coordinator, nor the Investigator who investigated the matter
that is the subject of the Hearing.
Informal Resolution Facilitator: The individual responsible for facilitating Informal
Resolution, as discussed in Section X (D). The Informal Resolution Facilitator may be
Marywood University’s employee or an external contractor.
Investigator: The individual responsible for conducting the investigation of alleged Prohibited
Conduct, as discussed in Section XI (A). The Investigator may be Marywood University’s
employee or an external contractor. The Title IX Coordinator may serve as the Investigator.
Party or Parties: Party refers to a Complainant or a Respondent. Parties refers to Complainant
and Respondent collectively.
Prohibited Conduct: Prohibited Conduct includes Title IX Sexual Harassment and Community
Standards Sexual Misconduct.
Respondent: An individual who has been reported to have engaged in any form of Prohibited
Conduct or an organization that has been reported to have engaged in Community Standards
Sexual Misconduct.
Title IX Sexual Harassment: (a) Definition. Title IX Sexual Harassment means conduct on the
basis of sex that involves an employee of Marywood conditioning the provision of an aid,
benefit, or service of Marywood University on an individual’s participation in unwelcome sexual
conduct; or an individual engaging in unwelcome conduct determined by a reasonable person to
be so severe, pervasive and objectively offensive that it effectively denies a person equal access
to Marywood University’s education program or activity. Title IX Sexual Harassment also
includes the following:

 Title IX Sexual Assault: Title IX Sexual Assault includes any of the
following Prohibited Conduct:
o 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, without the consent of the alleged victim.
o The touching of the private body parts of another person for the
purpose of sexual gratification without the consent of the alleged
victim.
o Non-forcible sexual intercourse between persons who are related to
each other within the degrees wherein marriage is prohibited by
law.
o Non-forcible sexual intercourse with a person who is under the
statutory age of consent, which is sixteen (16) in Pennsylvania.


 Title IX Dating Violence: Violence, including sexual or physical abuse
or the threat of such abuse, committed by a person (a) who is or has been
in a social relationship of a romantic or intimate nature with the alleged
victim; and (b) where the existence of such a relationship shall be
determined based on a consideration of the following factors: (i) the
length of the relationship, (ii) the type of relationship, and (iii) the
frequency of interaction between the persons involved in the relationship.
 Title IX Domestic Violence: Violence committed by a current or former
spouse or intimate partner of the alleged victim, by a person with whom
the alleged victim shares a child in common, by a person who is
cohabitating with or has cohabitated with the alleged victim as a spouse or
intimate partner, by a person similarly situated to a spouse of the alleged
victim under the domestic or family violence laws of Pennsylvania, or by
any other person against an adult or youth alleged victim who is protected
from that person’s acts under the domestic or family violence laws of
Pennsylvania.
 Title IX Stalking: Engaging in a 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. For purposes of
this definition, (a) course of conduct means two or more acts, including,
but not limited to, acts in which the alleged stalker 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; (b) reasonable person means
a reasonable person under similar circumstances and with similar
identities to the victim; and (c) substantial emotional distress means
significant mental suffering or anguish that may, but does not necessarily,
require medical or other professional treatment or counseling.

(b) Jurisdiction. In order to constitute Title IX Sexual Harassment, the alleged misconduct must
have occurred (i) in the United States, and (ii) in Marywood University’s education program or
activity, which is defined as locations, events or circumstances over which Marywood University
exercised substantial control over both Respondent and the context in which the misconduct
occurred, or any building owned or controlled by a student organization officially recognized by
Marywood University.

Procedures

V. RETALIATION
Retaliation against an individual for participating in any way in a report, investigation, hearing or
other proceeding under this Policy is strictly prohibited. No one 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 made a report or complaint, testified, assisted, or
participated or refused to participate in any manner in an investigation, proceeding, or hearing
under this Policy. In evaluating whether retaliation has occurred, Marywood University may
consider whether the conduct in question constituted the exercise of rights protected under the
First Amendment or was covered by another Marywood University policy, including with
respect to freedom of expression or academic freedom.
VI. CONSENT
A person who wants to engage in a specific sexual activity is responsible for obtaining Consent
for that activity. Silence or lack of resistance, in and of itself, does not constitute Consent.
Consent can be given by words or actions, provided that those words or actions clearly
communicate willingness to engage in the sexual activity. Consent cannot be obtained through
coercion. For purposes of this Policy, coercion is the use of threats (i.e., words or actions) or
intimidation (i.e., implied threats) that would cause a reasonable person to engage in unwelcome
sexual activity against their will.
Consent cannot be obtained from an individual who is incapacitated, where a reasonable, sober
person initiating sexual activity would have known or reasonably should have known that the
individual was incapacitated. An individual who is under the influence of alcohol and/or other
drugs may be incapacitated, and therefore unable to Consent. However, consumption of alcohol
or other drugs alone is insufficient to establish incapacitation. Incapacitation is a state beyond
drunkenness or intoxication, where an individual cannot make a knowing and deliberate choice
to engage in the sexual activity. Individuals who are asleep, unresponsive or unconscious are
incapacitated. Other indicators that an individual may be incapacitated include, but are not
limited to, the inability to communicate coherently, inability to dress/undress without assistance,
inability to walk without assistance, slurred speech, loss of coordination, vomiting, or inability to
perform other physical or cognitive tasks without assistance. An individual also may be
incapacitated due to a temporary or permanent physical or mental health condition.
Consent may be withdrawn by any party at any time. An individual who seeks to withdraw
Consent must communicate, through clear words or actions, a decision to cease the sexual
activity. Consent is automatically withdrawn when a party is no longer capable of consenting.

Once Consent is withdrawn, the sexual activity must cease immediately. Consent must be re-
established before resuming any sexual activity. Consent to one form of sexual activity does not,

by itself, constitute Consent to another form of sexual activity. Consent to sexual activity on one
occasion does not constitute Consent to sexual activity on other occasions. An individual’s use
of alcohol or drugs does not diminish that individual’s responsibility to obtain Consent.
VII. REPORTING
Any person may report conduct constituting possible Prohibited Conduct to the Title IX
Coordinator in person, by mail, by telephone, by email or online. The Title IX Coordinator will
promptly contact the Complainant to discuss the availability of Supportive Measures (see Section
IX) and to explain the process for filing a Formal Complaint.

Complainants are encouraged, but not required, to proceed with a Formal Complaint. If the
Complainant desires to proceed with a Formal Complaint, the Title IX Coordinator or designee
will begin the Formal Complaint Processes (see Section XI). If the Complainant decides not to
submit a Formal Complaint, the Title IX Coordinator may sign a Formal Complaint when the
Title IX Coordinator deems doing so necessary to address the possible Prohibited Conduct,
including in order to provide a safe and nondiscriminatory environment for all members of
Marywood University’s community. In deciding whether to sign a Complaint if the Complainant
elects not to do so, the Title IX Coordinator may, but is not required to, consider factors such as
whether the conduct alleged included threats, violence, serial predation or weapons. A
Complainant is not required to submit a Formal Complaint in order to receive Supportive
Measures.

A. Anonymous Reporting
With the exception of Officials with Authority and Responsible Employees, discussed in Section
VII (B), any individual may anonymously report allegations of Prohibited Conduct by submitting
a report through Marywood University’s anonymous reporting hotline at
https://secure.ethicspoint.com/domain/media/en/gui/32789/index.html or by phone at (855) 278-
2704. Depending on the information provided, Marywood University’s ability to take action in
response to an anonymous report may be limited.
B. Reports to Officials with Authority and Responsible Employees
There may be instances when an individual discloses alleged Prohibited Conduct to an employee
of Marywood University. Whether that disclosure constitutes actual notice to Marywood
University, triggering its response obligations under this Policy, depends on the role of the
employee to whom the disclosure is made, as follows:

 Officials with Authority: A disclosure or report of Prohibited Conduct made
to an Official with Authority (regardless of whether the disclosure is made by
the Complainant or a third party) constitutes a report to Marywood (i.e., actual
knowledge), triggering a response under this Policy. All Officials with
Authority are required to promptly report disclosures of Prohibited Conduct to
the Title IX Coordinator, including all information that has been disclosed to
the Employee, such as the names of those involved, the location of the
incident, the alleged Prohibited Conduct, etc. The following individuals are
Officials with Authority:
o Title IX Coordinator
o Deputy Title IX Coordinator
o Dean of Students
o Director of Human Resources
o Director of Student Success or designee
o Director of Student Disability Services

o Director of Housing and Residence Life
 Responsible Employees: A disclosure or report of Prohibited Conduct made
to a Responsible Employee (regardless of whether the disclosure is made by
the Complainant or a third party) does not constitute a report to Marywood
University (i.e., is not “actual knowledge”) triggering a response under this
Policy. Marywood University, as a matter of policy, requires Responsible
Employees to promptly report disclosures of Prohibited Conduct to the Title
IX Coordinator or Deputy Title IX Coordinator, including all information that
has been disclosed to the Responsible Employee, such as the names of those
involved, the location of the incident, the alleged Prohibited Conduct, etc.
The following individuals are Responsible Employees:
o All faculty members
o All staff and administration, except when serving in the capacity as a
designated confidential resources (e.g., student health services)
All students and employees, even if not Officials with Authority or Responsible Employees, are
strongly encouraged to report instances of possible Prohibited Conduct to the Title IX
Coordinator or Deputy Title IX Coordinator.
C. Privacy and Confidentiality
Marywood University respects the privacy of individuals involved in any report of alleged
Prohibited Conduct, meaning the Title IX Coordinator and others responsible for carrying out
this Policy will disclose information only as required to implement this Policy or by law. If a
Complainant requests that a report of Prohibited Conduct remain confidential (i.e., with the
Complainant’s identity not being disclosed to the Respondent and an investigation not being
commenced), the Title IX Coordinator will evaluate that request in the context of Marywood
University’s responsibility to provide a safe and nondiscriminatory environment for all members
of its community. Marywood University may question an employee-Respondent about alleged
Prohibited Conduct without disclosing the identity of the Complainant, provided that it does not
take disciplinary action against that Respondent without implementing the Formal Complaint
Processes in Section X.
The Complainant is not required to file a Formal Complaint to receive Supportive Measures (see
Section IX), but there may be instances when disclosing the Complainant’s identity is necessary
to provide certain Supportive Measures (e.g., where the Respondent would need to know the
identity of the Complainant in order to comply with a no-contact order). Marywood University
will maintain as confidential any Supportive Measures provided to the Complainant or
Respondent, to the extent that maintaining such confidentiality would not impair its ability to
provide the Supportive Measures.
Only certain professionals at Marywood University are legally required to keep information
shared by an individual truly confidential, without reporting it to the Title IX Coordinator.
Those confidential resources and support services are discussed further in Section XV.

D. False Reports and Other False Information
The submission of knowingly false information is prohibited and will be addressed under
Marywood University’s Code of Conduct for students and employment policies for faculty and
staff. This provision does not apply to reports made and other information submitted in good
faith, even if the facts alleged are not substantiated by an investigation and/or Hearing decision.
VIII. EMERGENCY REMOVALS
If at any point following the receipt of a report of Prohibited Conduct, Marywood University
determines that the Respondent poses an immediate threat to the physical health or safety of the
Complainant or any other person(s), including the Respondent, Marywood University may
temporarily remove the Respondent from any or all of its programs or activities. The imposition
of an Emergency Removal does not suggest a finding of responsibility for any Prohibited
Conduct.
Before imposing an Emergency Removal, the Marywood University’s Behavioral Intervention
Team (BIT) will undertake an individualized safety and risk analysis concerning the Respondent
at the request of the Title IX Coordinator. An Emergency Removal will be imposed only if the
BIT concludes that the threat to physical health or safety arises from the allegations of Prohibited
Conduct and warrants the removal.
An Emergency Removal may involve the denial of access to some or all of Marywood
University’s campus facilities, academic program, or other programs or activities. While
Marywood University may provide alternative academic or employment opportunities during an
Emergency Removal, it is not required to do so. Non-punitive actions taken as Supportive
Measures (e.g., changes in housing) do not constitute Emergency Removals.
The Title IX Coordinator will notify the Respondent of the terms imposed in connection with an
Emergency Removal. The Respondent has the opportunity to challenge the Emergency Removal
upon receipt of that notice. In order to challenge the Emergency Removal, Respondent shall
submit an appeal to the Dean of Students for students and the Director of Human Resources for
employees, within three (3) calendar days from the date of the notice of Emergency Removal,
explaining why Emergency Removal is not appropriate. In evaluating the appeal, the Title IX
Coordinator may seek additional information from Respondent or any other individual. The
Emergency Removal will remain in place while the appeal is pending. The Title IX Coordinator
shall issue a decision as soon as possible under the circumstances. The decision is final and not
subject to further appeal.
Separate from the Emergency Removal process, the Title IX Coordinator may request that the
Director of Human Resources place an employee-Respondent on an administrative leave, with or
without pay.

IX. SUPPORTIVE MEASURES
Supportive Measures are non-disciplinary, non-punitive individualized services that may be
provided to Complainants or Respondents upon request, when deemed by the Title IX
Coordinator to be appropriate and reasonably available. Supportive Measures may also be
imposed at the initiative and in the sole discretion of the Title IX Coordinator. Supportive
Measures are available beginning at any time after the submission of a report of Prohibited
Conduct.
A Complainant may seek and be provided Supportive Measures prior to or without ever filing a
Formal Complaint.
Supportive Measures are designed to restore or preserve equal access to Marywood University’s
educational programs and activities, without unreasonably burdening the other party. Supportive
Measures may be of any duration and may be modified at the discretion of the Title IX
Coordinator, as circumstances warrant. Supportive Measures will be kept confidential to the
extent doing so does not impair Marywood University’s ability to provide them.
Supportive Measures may include, but are not limited to, the following:
 Access to counseling services;
 Extensions of deadlines or other course-related adjustments;
 Modification of work or class schedules;
 Mutual restrictions on contact between the parties (i.e., “no contact” orders);
 Changes in work or housing locations;
 Leaves of absence;
 Increased security and monitoring of certain areas; or
 Any other measures deemed appropriate by the Title IX Coordinator to preserve equal
access to Marywood’s programs and activities.
A student or employee’s failure to abide by the terms of any Supportive Measure may result in
discipline and, depending on the circumstances, could be deemed to constitute Retaliation.
X. FORMAL COMPLAINT PROCESSES
In order to commence Formal Complaint Processes, a Complainant must file a Formal Complaint
with the Title IX Coordinator. Alternatively, if the Title IX Coordinator has received a report of
Prohibited Conduct, but the Complainant elects not to submit a Formal Complaint or the
Complainant is unknown, the Title IX Coordinator has the discretion to sign the Complaint if the
Title IX Coordinator deems doing so necessary to address Prohibited Conduct, including in order
to provide a safe and nondiscriminatory environment for all members of its community. In doing
so, the Title IX Coordinator does not become the Complainant.
There is no time limit within which a Complainant must file a Formal Complaint. However, at
the time a Formal Complaint for Title IX Sexual Harassment is filed, the Complainant must be
participating or attempting to participate in Marywood University’s programs or activities.

Pursuing a Formal Complaint does not preclude a Complainant from pursuing the filing of
criminal charges. However, it is important to understand that the standard for criminal
prosecution is different from that used in student and employee conduct proceedings. As a
result, decisions rendered in either forum are not determinative of what will happen in the other.
If the Title IX Coordinator receives Formal Complaints against more than one Respondent or by
more than one Complainant against one or more Respondents, or by one Party against the other
Party (i.e., “counterclaims”), where the allegations of sexual harassment arise out of the same
facts or circumstances and are so intertwined that the allegations directly relate to all of the
Parties, the Title IX Coordinator has the discretion to consolidate the Formal Complaints. If
Formal Complaints are consolidated, all Parties must receive the same version of the written
determination.
A. Written Notice
Upon the submission of a Formal Complaint, the Title IX Coordinator will provide written notice
to the Complainant and Respondent, if known, including the following:
 A copy of this Policy.
 Notice of the allegations of conduct that may constitute Prohibited Conduct, with
sufficient detail for the Respondent to prepare a response before any initial interview,
including, if known, the identities of the Parties involved and the date and location of the
incident.
 The presumption that the Respondent is not responsible for the alleged Prohibited
Conduct unless a determination of responsibility is reached at the conclusion of the
Formal Resolution Process.
 Notice of the Parties’ entitlement to an Advisor of choice at any meeting, interview or
other proceeding related to the Formal Complaint, as discussed in Section X(C).
 The identity of the Investigator as described in Section XI (A).
 Notice that the Parties may inspect and review evidence gathered during the investigation
as discussed in Section XI (B).
 Notice that Marywood University’s Code of Conduct prohibits knowingly making false
statements or knowingly submitting false information during the Formal Complaint
Processes.
If additional allegations of conduct that might constitute Prohibited Conduct are identified during
the course of the investigation and will be included in the Formal Complaint Processes, the Title
IX Coordinator will issue an updated notice.
B. Dismissal for Purposes of Title IX Sexual Harassment
If any of the following circumstances are met, the Title IX Coordinator will dismiss the Formal
Complaint for purposes of any form of Title IX Sexual Harassment:
 Even if proved, the misconduct alleged in the Formal Complaint would not constitute
Title IX Sexual Harassment as defined in Section IV;
 The misconduct alleged in the Formal Complaint did not occur in Marywood
University’s education program or activity, which is defined as locations, events or
circumstances over which Marywood University exercised substantial control over both
Respondent and the context in which the misconduct occurred, or any building owned or
controlled by a student organization officially recognized by Marywood University; or
 The misconduct alleged in the Formal Complaint is not alleged to have occurred in the
United States.
Further, if any of the following circumstances are met, the Title IX Coordinator may dismiss the
Formal Complaint for purposes of any form of Title IX Sexual Harassment, in the Title IX
Coordinator’s sole discretion:
 Complainant notifies the Title IX Coordinator in writing that Complainant wishes to
withdraw the Formal Complaint or any allegation in it;
 Respondent is no longer enrolled or employed at [Institution]; or
 Specific circumstances prevent [Institution] from gathering evidence sufficient to reach a
determination as to the Formal Complaint or allegation.
The Title IX Coordinator will promptly send notice of the dismissal, including the reasons for
dismissal, to the Complainant and Respondent via email. The notice will advise the parties
whether the Formal Complaint will proceed as possible Community Standards Sexual
Misconduct. Both the Complainant and Respondent may appeal any decision to dismiss the
Formal Complaint for purposes of Title IX Sexual Misconduct by submitting a request for appeal
to the Title IX Coordinator by email within three (3) calendar days of the date of the Title IX
Coordinator’s email. The appeal will be determined using the procedures set forth in Section
XII.
The decision whether the matter will proceed as potential Community Standards Sexual
Misconduct is not subject to appeal.
C. Advisors
The Parties are entitled to identify an Advisor of their choice, who may accompany them to all
investigative interviews, Hearings and other meetings or proceedings held in connection with a
Formal Complaint (“Formal Complaint Process Proceedings”). An Advisor is a person who has
agreed to provide support and advice to a Complainant or Respondent. The Parties are
responsible for identifying their own Advisor, if they wish to have one.
As discussed in Section XI(D)(5), the Parties must have an Advisor for purposes of conducting
cross-examination at a Hearing. If a Party has not identified an Advisor to accompany them to
the Hearing for purposes of conducting cross-examination, Marywood University will provide
one for that limited purpose.
Except when conducting cross-examination as discussed in Section XI(D), Advisors may not
speak aloud during any Formal Complaint Process Proceedings, including by addressing anyone
other than the individual for whom they are an Advisor. The Advisor may confer with the
individual whom they are advising quietly or by means of written notes. Parties may request a
brief recess to consult with their Advisor, which may be granted at the sole discretion of the
Hearing Facilitator conducting the Formal Complaint Process Proceeding. An Advisor whose
presence is deemed at that Hearing Facilitator’s sole discretion to be improperly disruptive or
inconsistent with Rules of Decorum established by Marywood University, as discussed in
Section X(D)(7), will be required to leave and may be prohibited from participating in future
Formal Complaint Process Proceedings.
While Marywood University may consider short delays in scheduling to reasonably
accommodate an Advisor’s availability, whether to grant such a request is in the sole discretion
of the Hearing Facilitator responsible for the event in question.
D. Informal Resolution
Informal Resolution presents the opportunity for the Complainant and Respondent to resolve
allegations of Prohibited Conduct without an investigation or hearing. Participation in Informal
Resolution in lieu of the Formal Resolution Process is purely voluntary. Informal Resolution is
available only when a Formal Complaint has been filed and the Parties agree to its use in writing.
Informal Resolution may be used only with the approval of the Title IX Coordinator, who may
deem its use inappropriate based on the specific allegations involved or other factors. Informal
resolution is not available to resolve a student-Complainant’s allegations that an employee has
engaged in Title IX Sexual Harassment. Prior to initiating Informal Resolution, the Title IX
Coordinator will provide the Parties with written notice disclosing the allegations, the
requirements of the process, the right to withdraw from Informal Resolution to pursue formal
resolution, and any consequences of participation (e.g., as it relates to any subsequent formal
resolution if Informal Resolution is not achieved).
Informal Resolution can be commenced at any point prior to the conclusion of a Hearing under
the Formal Resolution Processes. It is conducted by an Informal Resolution Facilitator
appointed by the Title IX Coordinator. The Complainant, Respondent, Title IX Coordinator or
Facilitator may terminate Informal Resolution at any time prior to its completion. If Informal
Resolution is terminated, the Formal Resolution Process will promptly commence or resume, as
appropriate.
Informal Resolution may take many forms as agreed to between the Complainant, Respondent
and Title IX Coordinator, including, but not limited to:
 Mediation: Mediation may involve the Complainant and Respondent being in the same
or different rooms, but they will never be required to be in the same room. Mediation
typically does not require an admission of responsibility for the Prohibited Conduct by
the Respondent.
 Restorative Justice: Restorative Justice may involve the Complainant and Respondent
being in the same or different rooms, but they will never be required to be in the same
room. Restorative Justice typically requires an admission of responsibility for the
Prohibited Conduct, or certain allegations, by the Respondent.
If the Informal Resolution is terminated such that the matter resumes the Formal Resolution
Processes, any testimony and/or materials/documents used and/or submitted during the Informal
Resolution may be used as evidence in the Formal Resolution at the discretion of the Hearing
Panel/Decision-maker(s). The Informal Resolution Facilitator will not serve as a witness during
the Formal Resolution process.
The Title IX Coordinator may determine that Informal Resolution is not an appropriate option
where the Respondent has had prior instances of resolving Formal Complaints through Informal
Resolution or a Hearing.
The Informal Resolution process typically should be completed within thirty (30) calendar days
of the Parties documenting their agreement to participate. That period may be extended at the
discretion of the Title IX Coordinator.
XI. FORMAL RESOLUTION PROCESS
Marywood University strives to resolve Formal Complaints within ninety (90) calendar days of
the submission of a Formal Complaint, but balances its desire to achieve a prompt resolution
with the need to conduct a thorough and complete investigation, which may delay that
timeframe. Delays might also result from a number of factors, including but not limited to the
appeal of a dismissal as discussed in Section XII, impacts of concurrent criminal processes, or an
attempt at Informal Resolution. The Title IX Coordinator may extend the time for completion of
the Formal Resolution Process for good cause as determined in the sole discretion of the Title IX
Coordinator, and will provide written notice to the Parties of the reason for extension or delay.
At the discretion of the Title IX Coordinator, possible violations of the Student Code of Conduct
or other policies that occurred directly in connection with the alleged Prohibited Conduct may
be, but are not required to be, addressed under the Formal Resolution Processes here in lieu of
engaging in a separate decision-making process for those possible violations.
A. Investigation
The written notice described in Section X(A) will identify the appointed Investigator. Either
Party may object to the Investigator on the grounds of conflict of interest or bias for or against
Complainants or Respondents generally, or the individual Complainant or Respondent, by
submitting an objection to the Title IX Coordinator in writing within three (3) calendar days of
receipt of the issuance of the written notice. The Title IX Coordinator, in their sole discretion,
shall determine whether a different Investigator should be appointed.
The Investigator will conduct an investigation of the allegations in the Formal Complaint, and is
responsible for interviewing the Parties and witnesses, and gathering relevant inculpatory and
exculpatory evidence. The Investigator may not access, consider, disclose or otherwise use
records that are made or maintained by a physician, psychiatrist, psychologist or other
recognized professional or paraprofessional in connection with the provision of treatment to the
Complainant or Respondent, unless the Investigator obtains the Complainant’s or Respondent’s,
as appropriate, voluntary written consent to do so.
All Parties will have an equal opportunity to identify witnesses, including fact and
expert witnesses, and other inculpatory evidence (used to establish responsibility) and
exculpatory evidence (used to establish favorability or exonerate), for the Investigator. Parties
will be provided with written notice of the date, time, location, participants and purpose of all
investigative interviews in which they are expected to participate. Parties may be accompanied
by an Advisor of their choice at any investigative interview, as described in Section X(C).
B. Investigation Report
The Investigator will prepare an investigation report summarizing all relevant evidence. The
report will exclude all non-relevant evidence, as well as any evidence not subject to disclosure
for reasons set forth herein (e.g., medical records regarding which the Party has not authorized
disclosure).
Prior to completing the investigation report, the Investigator will send to both Complainant and
Respondent, and their Advisors, if any, all evidence obtained as part of the investigation that is
directly related to the allegations raised in the Formal Complaint, regardless of whether it is
anticipated that the evidence will be used at the hearing or in connection with any decision on
responsibility. The Parties are strictly prohibited from disclosing or disseminating the evidence
to any third parties and from using it for purposes other than carrying out the Formal Resolution
Processes. Complainant and Respondent will have ten (10) calendar days to provide a written
response concerning the evidence to the Investigator, including identifying additional evidence
for the Investigator’s consideration prior to completing the investigation report. The response
must be by the Party, not the Party’s Advisor. A Party’s response may be shared with the other
Party.
After receipt of the Parties’ responses concerning the evidence and at least ten (10) calendar days
before the hearing, the Investigator will provide the Complainant and Respondent, and their
Advisors, if any, a copy of the investigation report. The Complainant and Respondent may, but
are not required to, provide written responses to the investigation report. Any response must be
by the Party, not the Party’s Advisor. A Party’s response may be shared with the other party.
C. Hearing Notice
After the investigation report has been provided to the Parties and their Advisors, if any, and not
fewer than five (5) calendar days before the hearing, the Title IX Coordinator will issue a
Hearing notice via email advising the Parties of the following:
 The date, time and location of the Hearing.
 The specific charges of Prohibited Conduct subject to disposition at the Hearing and a
brief description of the conduct resulting in the charges. Such charges may include both
Title IX Sexual Harassment and Community Standards Sexual Misconduct, as separate or
alternative charges.
 The individual(s) to serve as the Hearing Officer(s).
 That at the request of either party, the Hearing will take place with parties located in
separate rooms with technology enabling the parties to simultaneously see and hear the
party/witness answering questions. Requests for separate rooms must be submitted to the
Title IX Coordinator via email at least five (5) calendar days before the Hearing.
 That the Hearing will take place remotely through an audiovisual platform.
Any Party may object to the Hearing date or challenge the appointment of the Hearing Officer
for bias or conflict of interest by submitting a written objection to the Title IX Coordinator via
email within three (3) calendar days of the Title IX Coordinator issuing the Hearing Notice. The
Title IX Coordinator, in their sole discretion, shall determine whether the Hearing Officer should
be removed and/or the Hearing rescheduled. Once the Hearing Officer is confirmed, the Title IX
Coordinator will provide the Hearing Officer with a copy of the investigation report.
D. Hearing
Hearings are governed by the procedures set forth below. The formal Rules of Evidence that
may apply to any courtroom proceeding do not apply to Hearings conducted under this Policy.
The only individuals who may appear at a Hearing are the Complainant and Advisor,
Respondent and Advisor, and witnesses called by the Hearing Officer(s). The Parties and their
Advisors may be present throughout the Hearing, with the exception of any recesses for which
they are excused by the Hearing Officer. Witnesses are permitted to be present only when
providing testimony. The Investigator and Title IX Coordinator may be present throughout the
Hearing, as may other Marywood University representatives at the discretion of the Hearing
Officer. If a Party fails to attend a Hearing, the Hearing may be held in the Party’s absence, at
the discretion of the Hearing Officer(s).
1. Witnesses

At least five (5) days before the Hearing, the Hearing Officer(s) will advise the Parties which
witnesses will be requested to provide testimony at the Hearing. No later than three (3) calendar
days after such notice, the Parties may request that additional witnesses be requested to be
present at the Hearing. The request must be submitted to the Hearing Officer(s) in writing,
including a brief description of why the information is relevant to the determination of
responsibility. Whether or not to approve such request as potentially providing relevant
information shall be in the sole discretion of the Hearing Officer(s), who will advise the
requesting Party of the final decision. If the request is approved, the Hearing Officer(s) will
advise the other Party as well.

2. Documents

All documentary evidence provided to the parties under Section XI(B) will be made available at
the Hearing, as well as all evidence produced by the Parties in their response. The availability of
such evidence does not suggest a determination on relevance, which shall be made by the
Hearing Officer(s).

3. Relevance

The Hearing Officer is responsible for making all determinations of relevance as to witnesses,
questions and documentary evidence presented at the Hearing. For purposes of this Policy,
“relevant” means that the evidence is probative of any material fact.
Evidence that is not relevant will be excluded at the Hearing and may not form the basis for any
decision by the Hearing Officer. Evidence that is duplicative of evidence already in the Hearing
record may be deemed not relevant. Questions and evidence about the Complainant’s sexual
predisposition or prior sexual behavior are not relevant, unless such questions and evidence
about the Complainant’s prior sexual behavior are offered to prove that someone other than the
Respondent committed the alleged conduct or if the questions and evidence concern a specific
incident of the Complainant’s prior sexual behavior with respect to the Respondent and are
offered to prove consent.

4. Standard of Proof

The Hearing Officer will make decisions on responsibility using a preponderance of the evidence
standard of proof.

5. Advisors at Hearings

The parties may be accompanied by their Advisor at the Hearing. As discussed in Section X(C),
the Advisor may not address the Title IX Coordinator, Investigator, Hearing Officer, other
Advisors or any other individuals participating in the Hearing. The only exception is with
respect to cross-examination as discussed below. Like the parties, Advisors are required to
adhere to the Rules of Decorum applicable to Hearings, as outlined in Section XI(D)(7). An
Advisor who fails to do so may, at the sole discretion of the Hearing Officer, be required to leave
the Hearing.
The parties shall inform the Title IX Coordinator whether they will be accompanied at the
Hearing by their Advisor of choice by no later than five (5) days before the Hearing. If a party
has not identified an Advisor, Marywood will provide one for the sole purpose of conducting
cross-examination as discussed below. The Parties may not conduct cross-examination
themselves; cross-examination must be performed by an Advisor. If an Advisor is required to
leave a Hearing for failure to adhere to the Rules of Decorum or for any other reason, the
Hearing Officer shall recess the Hearing until Marywood appoints an Advisor for purposes of
cross-examination. Advisors provided by Marywood will be adults with an understanding of the
purpose of cross-examination, but will not be attorneys or have training commensurate to
attorneys with respect to conducting cross-examination.

6. Hearing Procedures

The procedures here provide the general framework for any Hearing. The Title IX Coordinator
or Hearing Officer(s) may alter certain procedures as deemed appropriate in their sole discretion
to aid in the equitable resolution of the matter.
a) Recording

The Hearing will be recorded by means of audio or audiovisual equipment. Recesses taken or
approved by the Hearing Officer(s), including for the Hearing Officer(s) to consult with the Title
IX Coordinator, Investigator or any other Marywood University representative, will not be
recorded.

b) Opening Statements

Each Party will have the opportunity to make a brief, (3) minutes maximum, opening statement.
The Parties will make any statements themselves, not through their Advisor.

c) Parties

Generally, the Hearing Officer will hear from the Complainant first, followed by the Respondent.
Each Party will have the opportunity to provide relevant evidence to the Hearing Officer. The
Hearing Officer will ask relevant follow-up questions of each party. Each Party’s Advisor will
have the opportunity to ask cross-examination questions of the other Party. Advisors are
reminded of the importance of adhering to the Rules of Decorum in cross-examining the Parties
and any witnesses. If a Party does not submit to cross-examination, the Hearing Officer(s) must
not rely on any statement of that Party in reaching a determination regarding responsibility,
regardless of where, when or in what forum the statement was made. The Hearing Officer
cannot draw an inference regarding responsibility based solely on a Party’s absence from the
Hearing or refusal to answer questions.
With respect to cross-examination, Advisors are limited to asking only relevant questions. The
Hearing Officer will determine whether questions are relevant prior to the Party answering the
question. If the question is deemed not relevant, the Hearing Officer will provide a brief
explanation and the question will be precluded. The Hearing Officer’s decision is not subject to
challenge or objection during the Hearing.
d) Witnesses

A similar process and the same rules that apply to Parties will apply to the testimony of
witnesses. Like the Parties, any witness may appear remotely, with technology allowing the
Hearing participants to simultaneously see and hear the witness.

If a witness does not submit to cross-examination, the Hearing Officer must not rely on any
statement of that witness in reaching a determination regarding responsibility, regardless of
where, when or in what forum the statement was made. The Hearing Officer cannot draw an
inference regarding responsibility based solely on a witness’s absence from the Hearing or
refusal to answer questions.
The Investigator may be called as a witness. At the Hearing Officer’s discretion, the Investigator
may be asked to testify before the Parties to facilitate an efficient presentation of evidence.

e) Closing Statement

Each Party will have the opportunity to make a brief, (3) minutes maximum, closing statement.
The Parties will make any statements themselves, not through their Advisor.

7. Rules of Decorum

The following Rules of Decorum apply to parties, Advisors and witnesses participating in any
Hearing. Individuals failing to follow the Rules of Decorum may be directed to leave the
Hearing, at the Hearing Officer’s sole discretion. Although the Hearing Officer may provide
warnings or reminders of the Rules of Decorum before such removal, a pre-removal warning or
reminder will not necessarily be provided depending on the nature of the conduct in question.
All parties, Advisors, and witnesses will conduct themselves in a manner that is consistent with
the Core Values of Marywood University. In particular, the Core Value of Respect will be
demonstrated throughout the Hearing proceedings. Any and all individuals in attendance at the
Hearing will conduct themselves in accordance with the rules, guidelines, and procedures
outlined in this Policy. At the discretion of the Hearing Officer(s) any violations of these
measures may result in an individual’s removal from the Hearing proceedings.
 Do not talk on top of one another.
 Do not shout or use an aggressive tone.
 Advisors shall ask questions from a seated position.
 Use a party or witness’s preferred pronouns.
 Do not ask the same question repeatedly.
 Parties and witnesses are not to answer questions posed by Advisors until directed by the
hearing officer to do so.
E. Hearing Outcome Letter
Within three (5) calendar days of the conclusion of the Hearing, the Hearing Officer will issue
the Hearing Outcome Letter via email to the Parties.
The Hearing Outcome Letter will include:
 A description of the allegations that lead to the Hearing, as potentially constituting
Prohibited Conduct.
 A description of the procedural steps taken from the receipt of the Formal Complaint
through the determination.
 A statement of factual findings supporting the determination.
 A statement of the conclusions regarding the application of this Policy to the facts.
 A statement of, and rationale for, the result as to each allegation, including a
determination regarding responsibility.
 An explanation of the disciplinary sanctions imposed on the Respondent, if any.
 A statement of whether remedies designed to restore or preserve equal access to
Marywood’s education program or activity will be provided to the Complainant. Specific
remedies will be identified in the Hearing Outcome Letter only to the extent those
remedies directly affect the Respondent. The Title IX Coordinator is responsible for
implementing such remedies.
 The procedures and permissible bases for the Complainant and Respondent to appeal.
The Hearing Outcome becomes final following the determination of the appeals, if any, or upon
the date following the deadline for filing an appeal, if no appeal is pursued. No further appeals
of any kind are permitted.
F. Sanctions and Remedies
1. Sanctions

If the Respondent is found responsible for any Prohibited Conduct, the Title IX Coordinator will
provide the Hearing Officer with the Respondent’s prior conduct record for consideration in the
Hearing Officer’s assignment of a sanction or sanctions. The range of available sanctions
includes:
 Warning: A formal statement that the conduct was unacceptable and a warning that
further violation of any Marywood policy, procedure, or directive will result in more
severe sanctions/responsive actions.
 Required Counseling: A mandate to meet with and engage in either University-sponsored
or external counseling to better comprehend the misconduct and its effects.
 Probation: A written reprimand for violation of institutional policy, providing for more
severe disciplinary sanctions in the event that the student or organization is found in
violation of any institutional policy, procedure, or directive within a specified period of
time. Terms of the probation will be articulated and may include denial of specified
social privileges, exclusion from co-curricular activities, exclusion from designated areas
of campus, no-contact orders, and/or other measures deemed appropriate.
 Suspension: Termination of student status for a definite period of time not to exceed two
years and/or until specific criteria are met.
 Expulsion: Permanent termination of student status and revocation of rights to be on
campus for any reason or to attend University-sponsored events. This sanction may be
noted permanently as a Conduct Expulsion on the student’s official transcript, subject to
any applicable expungement policies.
 Withholding Diploma: Marywood University may withhold a student’s diploma for a
specified period of time and/or deny a student participation in commencement activities if
the student has an allegation pending or as a sanction if the student is found responsible
for an alleged violation.
 Revocation of Degree: Marywood University reserves the right to revoke a degree
previously awarded from the University for fraud, misrepresentation, and/or other
violation of Marywood policies, procedures, or directives in obtaining the degree, or for
other serious violations committed by a student prior to graduation.
 Organizational Sanctions: Deactivation, loss of recognition, loss of some or all privileges
(including University registration) for a specified period of time.
 Other Actions: In addition to or in place of the above sanctions, the University may
assign any other sanctions as deemed appropriate.

b. Employee Sanctions
Responsive actions for an employee who has engaged in harassment, discrimination, and/or
retaliation include:
 Warning – Verbal or Written
 Performance Improvement/Management Process
 Required Counseling
 Required Training or Education
 Probation
 Loss of Annual Pay Increase
 Loss of Oversight or Supervisory Responsibility
 Demotion
 Suspension with pay
 Suspension without pay
 Termination
2. Remedies

The Title IX Coordinator is responsible for the implementation of remedies designed to restore
or preserve equal access to Marywood University’s education program or activity.
XII. APPEALS
Either Party may appeal a determination of responsibility (or non-responsibility) as set forth in
the Hearing Outcome by submitting a written appeal to the Title IX Coordinator by email within
three (3) calendar days of the Hearing Officer’s issues of the Hearing Outcome Letter. Appeals
may be based on only one of the following:
 A procedural irregularity that affected the determination of responsibility;
 The existence of new evidence that was not reasonably available at the time of the
Hearing that could affect the outcome of the matter; and
 The Title IX Coordinator, Investigator or Hearing Officer had a conflict of interest or bias
for or against Complainants or Respondents generally, or the individual Complainant or
Respondent, that affected the outcome of the matter.
As discussed in Section X (B), appeals may also be based on the dismissal of a Formal
Complaint alleging Title IX Sexual Harassment.
The appeal must be in writing and clearly explain the basis for the appeal. If the appeal is from
the outcome of a Hearing, the Parties shall have access to the record of the Hearing to prepare
their appeal on such terms as the Title IX Coordinator provides. Upon receipt of an appeal, the
Title IX Coordinator will notify the other Party that the appeal has been filed, permitting the
party three (3) days to provide a response, and providing the parties with the identity of the
Appeal Officer who will determine the matter. The Party’s response will be provided to the
appealing party, but no further exchange of positions is permitted.
The Parties may challenge the appointment of the Appeal Officer for bias or conflict of interest
by submitting a written objection to the Title IX Coordinator via email within three (3) calendar
days of the Title IX Coordinator issuing the notice. The Title IX Coordinator, in their sole
discretion, shall determine whether a new Appeal Officer should be identified.
The Title IX Coordinator will forward the appeal and the other Party’s response to the Appeal
Officer. The Appeal Officer will evaluate the appeal on the written record and recording of the
Hearing, and may seek input from the Title IX Coordinator, Investigator and/or Hearing Officer
as deemed appropriate in the Appeal Officer’s sole discretion.
For appeals from a Dismissal in Section X (B), the Appeal Officer will typically issue a written
decision on the appeal, including the result and a brief rationale, within five (5) days of the
Hearing Officer’s receipt of the appeal materials.
For appeals from a Hearing Outcome, the Appeal Officer will typically issue a written decision
on the appeal, including the result and a brief rationale, within five (5) days of the Appeal
Officer’s receipt of the appeal materials.
The Appeal Officer may take the following actions:
 Uphold the finding of the original Hearing Panel
 Send the case back and request a new hearing by the original Hearing Panel
 Send the case back and request a new hearing by a new Hearing Panel
 Render a different decision
The Appeal Officer’s decision is final. No further appeals are permitted.
XIII. RECORDKEEPING
Marywood University will retain records created in connection with a Formal Complaint for
seven (7) years. Such records include those relating to any Informal Resolution, the
investigation, any determination regarding responsibility (including any audio or audiovisual
recording or transcript), any disciplinary sanction imposed, any appeal and any remedies
provided to the Complainant designed to restore or preserve equal access to Marywood’s
education program or activity
Marywood University will also document the basis for its conclusion that its response was not
deliberately indifferent, and document that it has taken measures designed to restore or preserve
equal access to the education program or activity. If Marywood University provides no
Supportive Measures to the Complainant, it will additionally document why such a response was
not clearly unreasonable in light of all the known circumstances.
XIV. TRAINING
Any individual serving as Marywood University’s Title IX Coordinator, Investigator, Informal
Resolution Facilitator, Hearing Officer or Appeal Officer will receive training on the this Policy,
the scope of Marywood University’s education program or activity, how to conduct an
investigation and Formal Resolution Processes (including Hearings, Appeals and Informal
Resolution, as applicable), and how to serve impartially, including by avoiding prejudgment of
the facts at issue, conflicts of interest and bias. Further, they will receive training on questions of
relevance, and on preparing an Investigation Report, Hearing Outcome Letter or Appeal
decision, as appropriate.
XV. MARYWOOD UNIVERSITY AND COMMUNITY RESOURCES
All Marywood University employees (faculty, staff, and administrators) are expected to report
actual or suspected sexual misconduct to the appropriate officials immediately, as discussed in
section VII (B) above. There are some limited exceptions. In order to make informed choices, it
is important to be aware of confidentiality and mandatory reporting requirements when
consulting campus resources. On campus, some resources may maintain confidentiality and are
not required to report actual or suspected sexual misconduct. They may offer options and
resources without any obligation to inform an outside agency or campus official unless a
Complainant has requested the information be shared.
If a Complainant expects formal action in response to their allegations, reporting to any Official
with Authority can connect them with resources to report crimes and/or policy violations, and
these employees will immediately pass reports to the Title IX Coordinator or Deputy Title IX
Coordinator (and police, if desired by the Complainant), who will take action when an incident is
reported to them.
In addition to the Title IX office, the following resources are available for a Complainant or
third-party (including parents/guardians when appropriate):
On Campus Resources:
Counseling and Student Development Center
Confidential Resource
McGowan Center Room 1017



570-348-6245
http://www.marywood.edu/csdc/
Rev. Joseph P. Elston
Confidential Resource
Chaplain
Swartz Center 135
570-961-4723
Health Services
Confidential Resource
Maura Smith, Director of Health Services
mksmith@marywood.edu
570-348-6249
Loughran Hall Terrace Level
Office of Disabilities Services
Kaitlin Anderle, Director of Student Disability Services
kaanderle@marywood.edu
570-348-6211 x2335
Learning Commons, Room 166
Community Resources:
Geisinger Community Medical Center
1800 Mulberry St
Scranton PA 18510
570-969-8000
www.cmccare.org
Moses Taylor Hospital
700 Quincy Ave
Scranton PA 18510
570-770-5000
www.mosestaylorhospital.net
Regional Hospital of Scranton
746 Jefferson Ave
Scranton PA 18510
570-348-7100
www.regionalhospitalofscranton.net
Women’s Resource Center
570-346-4671
www.wrcnepa.org
Effective as of August 14, 2020