Jenzabar University

Title9Form.docx

The College’s non-discrimination policy states that “The Thaddeus Stevens College of Technology will not

discriminate in its educational programs or employment practices based on race, color, national origin, sex,

sexual orientation, gender identity, disability, age, religion, ancestry, union membership, or any other

legally protected classification. Announcement of this policy is in accordance with state and federal laws,

including Title IX of the Education Amendments of 1972, Sections 503 and 504 of the Rehabilitation Act of

1973, and the American Disabilities Act of 1991.”

The Pennsylvania Department of Education will not discriminate in its educational programs, activities, or employment practices, based on race, color, national origin, sex, age, sexual preference, disability, religion, ancestry, union membership, or any other legally protected classification. Announcement of this policy is in accordance with state and federal laws, including Title IX of the Educational Amendments of 1972 and Section 503 and 504 of the Rehabilitation Act of 1973.

For reporting discrimination:

Racial Discrimination: Chris Metzler-299-7794

Sexual/Gender Discrimination: Betty Tompos-391-6947

Disability/ Impairment Discrimination: Betty Tompos-391-6947

Title IX of the Education Amendments of 1972 is a Federal civil rights law that prohibits discrimination on the basis of sex in education programs and activities. All public and private schools, colleges, and universities receiving Federal funds must comply with Title IX. Discrimination on the basis of sex can include sexual harassment or sexual violence, such as rape, sexual assault, sexual battery and sexual coercion.

IMPORTANT: Our Title IX Coordinator is Betty Tompos-391-6947

Our College prohibits harassment, domestic violence, dating violence, sexual assault, and stalking.

You have the right if you choose: to contact law enforcement, to receive help from the school to report the incident, to seek a protective order from a local court, and to change residence, class schedule and travel arrangements as needed for your safety. Our college has the obligation to assist in your safety and enforce any protective orders.

For reporting any relationship harassment, abuse or sexual assault:

First- Get to a safe place! If physically assaulted, do not bathe, shower, nor change clothes.

Second- Contact a campus resource immediately.

• Nurse’s Office 299-7769- Confidential Resource)
• School Counselor-Deb Schuch-299-7408 (Confidential Resource)
• Women’s Center-391-3599 (Confidential Resource)
• Campus Security- 286-4607, 606-1564
• Title IX Coordinator-Betty Tompos-391-6947

Third- Contact the Domestic Violence Hotline at 717-291-1249 or PCAR’s local Sexual Assault and Counseling Center’s Hotline at (800) 392-7273. (Off-campus and confidential)

*You may also contact the U.S. Department of Education, Office for Civil Rights: 1-800-421-3481  ocr@ed.gov.

Domestic Violence: The occurrence of one or more of the following acts between family or household members, sexual or intimate partners or persons who share biological parenthood:

1. Attempting to cause or intentionally, knowingly, or recklessly causing bodily injury, serious bodily injury, rape, involuntary deviate sexual intercourse, sexual assault, statutory sexual assault, aggravated indecent assault, indecent assault or incest with or without a deadly weapon;
2. Placing another person in reasonable fear of imminent serious bodily injury;
3. The infliction of false imprisonment;
4. Physically or sexually abusing minor children;

Source: Pennsylvania Consolidated Statutes, Title 23, Section 6102.

Dating Violence: Violence committed by a person:

1. Who is or has been in a social relationship of a romantic or intimate nature with the victim; and
2. Where the existence of such relationship is determined based on a consideration of the length of the relationship, the type of the relationship, and the frequency of the interaction between the persons involved in the relationship.

Source: United States Code, Title 42, Section 13925(a)(1), as amended by the Violence Against Women Reauthorization Act of 2013.

Consent: A voluntary agreement to engage in sexual activity.

1. Someone who is incapacitated cannot consent;
2. Past consent does not mean future consent;
3. Silence or an absence of resistance does not imply consent;
4. Consent to engage in sexual activity with one person does not imply consent to engage in sexual activity with another.
5. Consent can be withdrawn at any time;
6. Coercion, force or a threat of either invalidates consent.

Source:  Not Alone: The First Report of The White House Task Force to Protect Students from Sexual Assault – Checklist for Campus Sexual Misconduct Policies, April 29, 2014.

Incapacitation: The physical and/or mental inability to make informed, rational judgments such as:

1. Due to the use of drugs or alcohol;
2. When a person is sleeping or unconscious;
3. Due to an intellectual or other disability that prevents the person from having the capacity to give consent.

Source:  Not Alone: The First Report of The White House Task Force to Protect Students from Sexual Assault – Checklist for Campus Sexual Misconduct Policies, April 29, 2014.                                                                                                                

Sexual Assault: Engaging in any physical sexual act perpetrated:

• against a person’s will,
• where that person does not give clear, voluntary consent, or
• where that person is incapable of giving consent due to drug or alcohol use, or due to intellectual disability.

Source: Carnegie Mellon Policy Against Sexual Harassment and Sexual Assault.  See also: Pennsylvania Consolidated Statutes, Title 18, Sections 3121; 3123; 3124.1; 3125 and 3126.

Rape: A form of sexual assault defined by Pennsylvania law as engaging in sexual intercourse with another person:

1. By forcible compulsion;
2. By threat of forcible compulsion that would prevent resistance by a person of reasonable resolution;
3. Who is unconscious;
4. Who is unaware that the sexual intercourse is occurring and the perpetrator knows that;
5. Where the person has substantially impaired the victim’s power to appraise or control his or her conduct by administering or employing, without the knowledge of the victim, drugs, intoxicants or other means for the purpose of preventing resistance;
6. Who suffers from a mental disability, which renders the victim incapable of consent.

Source: Pennsylvania Consolidated Statutes, Title 18, Section 3121.

Sexual Harassment: is defined as unwelcome sexual advances, requests for sexual favors, or other visual, verbal, or physical conduct of a sexual nature when:

1. submission to such conduct is made is implicitly or explicitly a term or condition of an individual’s employment or student status, in a course, program or activity; or
2. submission to or rejection of such conduct by an individual is used as the basis for employment or educational decisions affecting such individual, or
3. such conduct has the purpose or effect of interfering with an individual’s work or educational performance, or creating an intimidating, hostile or offensive working and/or learning environment, or interfering with one’s ability to participate in or benefit from an educational program or activity.

Source: Carnegie Mellon Policy Against Sexual Harassment and Sexual Assault.

Stalking: A person commits the crime of stalking when the person either:

1. Engages in a course of conduct or repeatedly commits acts toward another person, including following the person without proper authority, under circumstances which demonstrate either an intent to place such other person in reasonable fear of bodily injury or to cause substantial emotional distress to such other person;
2. Engages in a course of conduct or repeatedly communicates to another person with an intent to place such other person in reasonable fear of bodily injury or to cause substantial emotional distress to such other person.

Source:  Pennsylvania Consolidated Statutes, Title 18, Section 2709.1.