Title IX Coordinator:
Cressman Library 318
Cedar Crest College is committed to creating and maintaining a campus environment where safety, health and well-being are priorities for all. Sexual misconduct includes a variety of acts that are perpetrated against another without consent or when an individual is unable to freely give consent. Acts of sexual misconduct or sex discrimination are not tolerated and may jeopardize a person’s ability to be part of the Cedar Crest College community. Cedar Crest College is committed to fostering a community that promotes prompt reporting of all types of sexual misconduct, and timely and fair resolution of sexual misconduct complaints.
Sexual Harassment: Unwelcome, sexual or gender-based verbal, written or physical conduct that is, sufficiently severe, persistent, or pervasive that it, has the effect of unreasonably interfering with, denying or limiting employment opportunities or the ability to participate in or benefit from the College’s educational, social, and/or residential program, and is based on real or reasonably perceived powers differentials (quid pro quo), the creation of a hostile environment or retaliation.
Sexual Assault: This includes any sexual act directed against another person, without the consent of the Complainant, including instances where the Complainant is incapable of giving consent. Sexual Assault may be one of the following categories:
Sexual Exploitation: Engaging in sexual behaviors directed toward or involving another person or use of another person’s sexuality for purposes of sexual gratification, financial gain, personal gain, or personal advantage when consent is not present. This includes but is not limited to, the following actions, including when they are done via electronic means, methods, or devices.
Stalking: engaging in a course of conduct directed at a specific person that would cause a reasonable person to- (a) fear for their safety or the safety of others; or (b) suffer substantial emotional distress. A course of conduct is when a person engages in two or more acts that include, but are not limited to, acts in which the person directly, indirectly, or through third parties, by any method, device, or means, monitors, follows, observes, surveys, threatens, or communicates to or about a person in a prohibited way, or interferes with a person’s property. Stalking includes the concept of cyberstalking, in which electronic media such as the Internet, social networks, blogs, cell phones, texts, email or other similar devices or forms of contact are used to pursue, harass or to make unwelcome contact with another person in an unsolicited fashion.
Dating Violence: any violence committed by a person: (a) who is or has been in a social relationship of a romantic or intimate nature with the complainant, and (b) where the existence of such a relationship shall be determined based on a consideration of the following factors: (1) the length of the relationship, (2) the type of relationship, and (3) the frequency of interaction between the persons involved in the relationship. 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 in the definition of Domestic Violence.
Domestic Violence: any violence committed by a current or former spouse or intimate partner of the complainant, by a person with whom the complainant shares a child in common, by a person who is cohabitating with or has cohabitated with the complainant as a spouse or intimate partner, by a person similarly situation to a spouse of the complainant under Pennsylvania’s domestic or family violence laws or by any other person against an adult or youth complainant who is protected from that person’s acts under the domestic or family violence laws of Pennsylvania.
Retaliation: any action, directly or through others, which is aimed to deter a reasonable person from reporting sexual misconduct or participating in an investigation or hearing or action that is done in response to such activities. This includes but is not limited to intimidation, threats, coercion, or discrimination against any individual (a) for the purpose of interfering with any right or privilege secured by Title IX of the Education amendments of 1972 or its implementing regulations; or (b) because the individual has 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. A finding of retaliation under this policy is not dependent on a finding that the underlying sexual misconduct occurred.
Consent: a knowing and voluntary agreement to engage in specific sexual activity at the time of the activity is communicated through clear actions and/or words that are mutually understood. To be valid, consent must be active, present and ongoing.
The following are clarifying points about consent:
Incapacitation: occurs when an individual is unable to give consent due to the use of drugs, alcohol, being asleep or unconscious, or due to an intellectual or other disability. Any of these actions or factors may prevent the individual from having the capacity to give consent.
Additional examples of incapacitation include being:
Rights & Responsibilities