Sexual Harassment means:

Conduct on the basis of sex that satisfies one or more of the following:

1) Quid Pro Quo:

a. A School employee,
b. conditions the provision of an aid, benefit, or service of the School,
c. on an individual’s participation in unwelcome sexual conduct; and/or

2) Sexual Harassment:

a. unwelcome conduct,
b. determined by a reasonable person,
c. to be so severe, and
d. pervasive, and,
e.objectively offensive,
f. that it effectively denies a person equal access to the School’s education program or activity.

3) Sexual assault, defined as any sexual act including Rape, Sodomy, Sexual Assault with an Object, or Fondling directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent as well as the nonforcible sex offenses of incest and statutory rape.

a. Rape (except statutory rape): The carnal knowledge of a person, without the consent of the victim including instances where the victim is incapable of giving consent because of his/her age or permanent or temporary mental or physical incapacity.

b. Sodomy: Oral or anal sexual intercourse with another person without the consent of the victim including instances where the victim is incapable of giving consent because of his/her age or permanent or temporary mental or physical incapacity.

c. Sexual Assault with an Object: to use an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person without the consent of the victim including instances where the victim is incapable of giving consent because of his/her age or permanent or temporary mental or physical incapacity.

d. Fondling: the touching of the private body parts of another person for the purpose of sexual gratification without the consent of the victim including instances where the victim is incapable of giving consent because of his/her age or permanent or temporary mental or physical incapacity.

e. Sex Offenses, Non-forcible:

1. 1. i) Incest:
      1) Non-forcible sexual intercourse,
      2) between persons who are related to each other,
      3) within the degrees wherein marriage is prohibited by Pennsylvania State law.

1. ii) Statutory Rape:
   1) Non-forcible sexual intercourse,
   2) with a person who is under the statutory age of consent of 16. Minors under the age of 13 cannot consent to sexual activity. Minors aged 13-15 years old cannot consent to sexual activity with anyone who is 4 or more years older than they are at the time of the activity. Minors aged 16 years of age or older can legally consent to sexual activity with anyone they choose, as long as the other person does not have authority over them as defined in Pennsylvania’s institutional sexual assault statute.4) Dating Violence, defined as:

a. violence,
b. on the basis of sex,
c. committed by a person,
d. who is in or has been in a social relationship of a romantic or intimate nature with the Complainant.

i. The existence of such a relationship shall be determined based on the Complainant’s statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. For the purposes of this definition—

ii. Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse.

iii. Dating violence does not include acts covered under the definition of domestic violence.

5) Domestic Violence, defined as:

a. violence,
b. on the basis of sex,
c. committed by a current or former spouse or intimate partner of the Complainant,
d. by a person with whom the Complainant shares a child in common, or
e. by a person who is cohabitating with, or has cohabitated with, the Complainant as a spouse or intimate partner, or
f. by a person similarly situated to a spouse of the Complainant under the domestic or family violence laws of Pennsylvania or
g. 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.

*To categorize an incident as Domestic Violence, the relationship between the Respondent and the Complainant must be more than two people living together as roommates. The people cohabitating must be current or former spouses or have an intimate relationship.

6) Stalking, defined as:

a. engaging in a course of conduct,
b. on the basis of sex,
c. directed at a specific person, that

i. would cause a reasonable person to fear for the person’s safety, or
ii. the safety of others; or
iii. Suffer substantial emotional distress.

                        For the purposes of this definition—

(i) Course of conduct means two or more acts, including, but not limited to, acts in which the Respondent 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.
(ii)Reasonable person means a reasonable person under similar circumstances and with similar identities to the Complainant.
(iii)Substantial emotional distress means significant mental suffering or anguish that may but does not necessarily require medical or other professional treatment or counseling.

7. Sexual Exploitation defined as

a. Taking sexual advantage of another person or violating the sexual privacy of another 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):

i. Sexual voyeurism or permitting others to witness or observe the sexual or intimate activity of another person without that person’s consent;

ii. Indecent exposure or inducing others to expose themselves when consent is not present;

iii.Recording or distributing information, images or recordings of any person engaged in sexual or intimate activity in a private space without that person’s consent.

iv. Prostituting another individual;

v. Knowingly exposing another individual to a sexually transmitted disease or virus without that individual’s knowledge; and

vi. Inducing incapacitation for the purpose of making another person vulnerable to non-consensual sexual activity.

8. Sexual Exploitation defined as

a. Gender-based harassment occurs when a person harasses another based on their gender, sexual orientation, gender expression, or gender identity. This includes any act or the threat to commit an act of aggression, violence, or hostility and can be done verbally or non-verbally. The harassment can but does not need to be based on anything of a sexual nature

Only a small number of individuals who have experienced prohibited conduct report the incident. There are many reasons why an individual doesn’t report. Common reasons include the fear of not being believed, not having enough evidence that the incident occurred, and the fear of having others find out about the incident. In addition, reporting can sometimes re-traumatize because disclosing the information is similar to reliving the experience.

Douglas Education Center (DEC) strongly advocates that a victim of prohibited conduct report the incident in a timely manner because the ability to gather adequate information, may be limited if a significant length of time as passed. However, we understand that there are reasons why an individual may choose to delay or decline to report.

There is no timeframe to make your decision, and if you do make the decision to report, you can be assured of the following:

1. 1. Your privacy is of the utmost importance to us. Details regarding your case will be kept confidential and only shared with a small number of individuals who need to know.
   2. You can file a report anonymously. This applies only to students who file a personal or third-party report. Employees cannot report anonymously.
   3. Reporting the incident to the school does not obligate you to report the incident to law enforcement. DEC will not report details of your case to law enforcement unless it involves a minor (individuals under the age of 18). If you decide to report the incident to law enforcement, and would like assistance from the school we can accompany you to the police station.
   4. Reporting the incident will not subject you to scrutiny or judgmental opinions from DEC faculty or staff.
   5. Reporting an incident does not necessarily mean that you are requesting an investigation. When making a report you have the option to simply request supportive measures or resources, request that no further action be taken, or request an investigation and remediation of the incident.
   6. You will be given amnesty from our drug and alcohol policy, if either were involved during the prohibited conduct. This can also include respondents to the complaint prohibited conduct, any witnesses, or an individual making a third-party report to the extent that such individual provides information in good faith regarding an investigation of prohibited conduct. Please note that this amnesty applies only to DEC’s policy and does not include an criminal, civil, or legal ramifications that may arise.

    

   How Do I Make a Report?– An individual may make a report using any of the following methods:

   1. Contact DEC’s Title IX Coordinator Michael Crosby. You may stop in his office during regular business hours Monday –Friday 8:30am-5:00pm, Administration Building, Room 203, 130 Seventh Street Monessen, PA 15062.
   2. Through our online reporting form at https://dec.edu/title9.
   3. By email tixcoordinator@dec.edu.
   4. By phone at 724-653-2196.

    

   You may make an initial report to a faculty or staff member that you feel comfortable with. Please note that certain employees are obligated to share this information with the Title IX Coordinator. The Title IX Coordinator will then follow up with you to offer resources, support, and determine how you would like to proceed.

    

   If you would like to file a complaint with law enforcement you may contact the Monessen Police Department at (724) 684-4600.

    

   If you are not ready to make a report, but need someone to talk to about the incident, counseling support is available from Blackburn Center by calling 1-888-832-2272. All of Blackburn Center’s services are free, confidential, and can be anonymous.

Helpful information for survivors of sexual assault or intimate partner violence

There are no rules for what you should do if you are raped or abused. Your safety and survival are always the most important considerations. If you are still alive, you did the right thing. But you still may not feel safe. Here are some suggestions that can help you to heal both physically and emotionally:

• As soon as you can, try to get help. Find a safe place and call the police, a family member, a friend, or look in the telephone book blue pages for a rape crisis or domestic violence hotline (In Westmoreland County, PA, call Blackburn Center at: 724-836-1122 or 1-888-832-2272. National sexual assault hotline: 1-800-656-4673; national domestic violence hotline: 1-800-799-7233). You do not need to give your name to speak with a hotline counselor.

• If you have been raped, consider going to a hospital, even if you don’t think that you have been injured. You may have internal injuries, or have been exposed to a sexually transmitted disease. You can also learn about your options concerning pregnancy. If you decide to go to the hospital:

         ◦ You will be examined for injuries, and evidence will be collected in case you decide to press

         charges, either now or later. It will help if you do not shower, go to the bathroom, brush your teeth,

         drink, eat, or destroy or wash any of the clothing you were wearing. Wear the clothes you were

         wearing at the time of the assault to the hospital. Take a change of clothes with you because they

         will probably keep the clothes you were wearing as evidence. To preserve evidence, try not to

         disturb the scene of the assault.

        ◦ If you think you may have been drugged, tell the nurse and request a urine test. Don’t go to the

         bathroom until you get to the hospital; if you can’t wait, catch the urine in a jar and bring it to the

         hospital. Drugs are usually only detectable for the first 72 hours after ingestion. The first urine voided

         is the best chance for proving a date rape drug was used, but it also will identify any other drugs that

         are in your system.

        ◦ Hospitals are required to report any injury caused by a criminal act, such as a rape, to the police.

         You can choose to speak to the police, refuse to speak with them, or make arrangements to speak

         to them at a later time.

        ◦ A trained medical advocate can come to the hospital to provide information and emotional support.

         If the hospital staff does not offer to get a medical advocate, you can ask them to call your local rape

         crisis center to request one. In Westmoreland County, PA, call Blackburn Center at: 724-836-1122 or

         1-888-832-2272.

• If you have been physically assaulted by an intimate partner or family member, consider going to the hospital if you have injuries that require medical treatment. A trained medical advocate can come to the hospital to provide information and emotional support. If the hospital staff does not offer to get a medical advocate, you can ask them to call your local domestic violence program to request one. In Westmoreland County, PA, call Blackburn Center at: 724-836-1122 or 1-888-832-2272.

• Consider talking about what happened with people you trust and who care about you. They can help you to make and carry out a plan that will keep you safe from the person who harmed you, even if you have to go to school with that person.

• Consider talking to a counselor. You can call a confidential 24-hour hotline (In Westmoreland County, PA, call Blackburn Center at: 724-836-1122 or 1-888-832-2272) any time—immediately after the assault, the next day, months later, or even years after it happened.

The hotline counselor will help you to work through your feelings and fears, to recognize what you can do for yourself and how other people can help you, and make referrals for any other help that you believe you need.

The above information was retrieved from “Blackburn Center Greensburg Anti-Violence Organization.” Blackburn Center Greensburg Anti-Violence Organization, https://www.blackburncenter.org

What is Consent?

Consent is….

• Active: silence is not consent.  The absence of no is not consent.  A person has to actively say YES or otherwise communicate consent.
• Sober: a person who is drunk or on drugs cannot consent to sexual activity.
• Based on Equal Power: a person who is underage, asleep, of lower mental capacity or otherwise vulnerable cannot consent to sex.
• A Choice: consent is not based on pressure, coercion, threats or physical threats.
• Enthusiastic: you should aim for getting a “yes” instead of just avoiding a “no.”  Only have sex if your partner WANTS to have sex with you!
• A Process: consent requires an ongoing conversation; just because a person consents to one sexual activity does not mean that they consent to other sexual activities.  Talk to your partner!

Consent is not….

• Based on What a Person Is Wearing: revealing clothes cannot consent to sex.  Only a person can do that.
• Silence: just because a person is silent does not mean that they are consenting. If it’s not yes, it’s no.
• Drunk/High: an incapacitated person cannot consent.
• Unconscious: an unconscious person cannot consent.
• Coercion: if someone is pressured or threatened, then they have not truly consented. It isn’t consent if you make the other person afraid to say no.
• Implied from Past Encounters: just because someone once agreed to have sex with you (or even if they agreed to marry you), does not mean that they have consented to any future sexual activity

Consent should be given freely and enthusiastically, without pressure or fear. It involves communicating with your partner (or potential partner), and listening to them.  Most importantly, sexual contact without consent is rape (or sexual assault).

The above information was retrieved from “Blackburn Center Greensburg Anti-Violence Organization.”
Blackburn Center Greensburg Anti-Violence Organization, https://www.blackburncenter.org

Federal regulations require all schools to publish the materials used to train their Title IX personnel and make them available for public viewing. Below is the training used by our Title IX staff. If you have any questions regarding this training please contact DEC’s Title IX Coordinator, Michael Crosby at 724-653-2196 or tixcoordinator@dec.edu.

Title IX Coordinator Training part 1 – https://youtu.be/-wK1tETlEHk

Title IX Coordinator Training part 2 – https://youtu.be/a5oCqgiN_ic

Title IX Coordinator Training part 3 – https://youtu.be/lvjT_dTdgvA

Decision Maker Training – https://youtu.be/lziqEn6urtg

Title IX Investigator Training – https://youtu.be/N_HP8vS6A2A