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It is demonstrated through mutually understandable words and/or actions that clearly indicate a willingness to engage freely in sexual activity.
The University also has jurisdiction over any off-campus conduct (even if unrelated to a University-sponsored program or activity) that is likely to have a substantial effect on an individual University community member, on University life or activities, or that poses a threat of danger to any member of the University community. The extent to which a person in this state affirmatively gives mutually understandable words and/or clear, unambiguous actions indicating a willingness to engage in sexual activity and the other person is unaware—or reasonably could not have known—of the person’s level of alcohol consumption and/or level of impairment must be evaluated in determining whether Consent has been given.This Policy prohibits Sexual Misconduct, Relationship Violence, and Stalking (all of which such conduct is defined in Section IV below) of/against University community members of any gender, gender identity, gender expression, or sexual orientation.This Policy is intended to: This Policy is consistent with relevant governmental statutes and regulations, such as Titles VI and VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, The Age Discrimination in Employment Act, The Americans with Disabilities Act and ADA Amendments Act, The Equal Pay Act, The Uniform Services Employment and Reemployment Rights Act, The Pennsylvania Human Relations Act, the Violence Against Women Reauthorization Act of 2013, and the Cheltenham Township Anti-Discrimination Ordinance The University is committed to providing a learning and working environment that is free from all forms of discrimination and conduct that can be considered unreasonably harassing, coercive, or disruptive, including Sexual Harassment and/or Sexual Violence.If you believe you are the victim of Sexual Misconduct, Relationship Violence, or Stalking, you are encouraged to immediately seek medical attention and/or assistance from law enforcement.Emergency resources are available from the following: This Policy Prohibiting Sexual Misconduct, Relationship Violence, and Stalking (“Policy”) applies to students, faculty, employees (union and non-union), volunteers, administrators, independent contractors, and visitors, including any individuals regularly or temporarily employed, studying, living, visiting, conducting business or having any official capacity at University.Note: As explained below, the University reserves the right to serve as Complainant and to initiate disciplinary proceedings in appropriate circumstances, even where the alleged victim does not wish to make a report or to proceed with disciplinary action him/herself.
Consent to engage in sexual activity must be informed, knowing and voluntary.
They may also constitute criminal conduct under local, state, or federal laws (or a combination thereof). Alcohol and other drugs impair a person’s decision-making capacity, awareness of consequences, and ability to make informed judgments.
The University is committed to establishing clear and effective policy and procedures, a coordinated education and prevention program, and prompt and equitable procedures for resolution of complaints of such conduct. From the perspective of the Complainant, the use of alcohol and/or other drugs can limit a person’s ability to give Consent knowingly and voluntarily.
The University will not tolerate Sexual Misconduct, Relationship Violence, and Stalking.
Sexual Misconduct, Relationship Violence, and Stalking pose a threat both to individual members of the University community and to the community collectively.
Recognizing that each situation has its own characteristics, the University will respond promptly and equitably while tailoring the solution to best fit the situation. If there is any doubt as to the level or extent of the other individual’s intoxication or impairment, the prudent course of action is to forgo or cease any sexual contact or activity.