Student Sexual Misconduct Process
Any student or employee of West Chester University can file a complaint against a student or student group for violations of the Student Code of Conduct on the basis of sexual misconduct. Student Code of Conduct charges are entirely separate from a criminal investigation by the police, and any complainant may file a criminal complaint with police in addition to a Student Code of Conduct violation. Complaints can also be filed with the U.S. Department of Education, Office of Civil Rights on their website or by phone at 215-656-8541,
The intentional filing of a false report will not be tolerated. It is a violation of the Student Code of Conduct to make an intentionally false report of any policy violation, and it may also violate state criminal laws and civil defamation laws.
INTERIM MEASURES
Interim measures can be provided to students by contacting the Title IX Coordinator, who will work in conjunction with the Director of Student Conduct to implement.
Victims may request:
- housing reassignment to ensure that victim and accused are not in close proximity;
- limitations on contact between parties (referred to as a "No Contact Directive");
- an escort to ensure the complaintant's safety;
- reassignment of classes to ensure that the complaintant and accused are not attending the same class;
- counseling services;
- medical services ;
- academic support such as tutoring;
- to withdraw from a class without penalty, and/or
- adjustments to on-campus transportation, parking, or work.
Other remedies and/or measures not listed can be considered to ensure the safety of all involved parties in the case and the campus community.
RETALIATION
West Chester University prohibits retaliation against any person for using this reporting procedure, or for filing, testifying, assisting or participating in any investigation or proceeding involving allegations of sexual harassment or misconduct. Any retaliatory behavior should be reported immediately to the Title IX Coordinator/Social Equity Director or the Director of Student Conduct. Any person, including third parties, who violates this retaliation policy will be subject to discipline, up to and including termination if they are an employee, and/or expulsion if they are a student.
NEXT STEPS
Once a sexual misconduct report is submitted, both parties will be contacted by the Title IX Coordinator and determine if an investigation needs to be conducted. The Title IX Deputy Coordinator (or a designee) and a co-fact finder will conduct a fact-finding investigation with all involved parties and designated witnesses. The fact finders are WCU staff and faculty who have received training from the Office of Social Equity. The investigation of a complaint will be conducted in a timely manner, and will be completed within fifty days unless there are extenuating circumstances based on the case. At the conclusion of the investigation, the fact finders prepare a report detailing the incident and their findings.
The Title IX Coordinator will, if appropriate (and will consult with the complainant, if needed) forward the case to the Office of Student Conduct for formal adjudication.
CAMPUS DISCIPLINARY PROCESS
Once a fact finding report is received from the Office of Social Equity, the Director of Student Conduct will begin the next phase of the disciplinary process. A case may be heard by a hearing officer or it may be brought before a hearing board for a formal hearing.
If a formal hearing is scheduled, prior to the hearing, both the complainant and the accused will be granted similar and timely access to any information that will be used at the hearing. They will have the opportunity to review any statements that will be used during the hearing.
Involved students may want to include witnesses on their behalf. These names and contact information must be provided to the Office of Student Conduct no later than two days after receipt of the notification of University hearing, so the witnesses can receive timely notification about the hearing. Additionally, witness information will be shared with the opposing party (see Section II. Procedures).
Criminal/Civil Statutes – Any student who is cited and/or arrested by federal, state, or local law enforcement officials will violate this offense. This offense includes the alleged commission of any act that may be adjudicated as a violation of such other criminal and/or civil statutes, regulations, or ordinances that are now in effect or may hereafter be in effect in any applicable locality, the Commonwealth of Pennsylvania, or the United States of America.