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ANNUAL SECURITY AND FIRE REPORT 2020 (INCLUDES STATISTICS FOR CALENDAR YEARS 2016, 2017, 2018, 2019)

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PREPARATION OF THE ANNUAL SECURITY & FIRE REPORT ............................................................................. 7 The Campus Police & Safety Department ...................................................................................................................... 7 Campus Police & Safety Department Mission Statement ................................................................................... 7 Role, Authority, and Training ........................................................................................................................................ 7 Working Relationship with Local, State, and Federal Law Enforcement Agencies ................................. 8 Crimes Involving Students Off-Campus ..................................................................................................................... 8 Procedures for Reporting Crimes, Incidents & Other Emergencies ................................................................... 8 Voluntary, Confidential Reporting............................................................................................................................... 8 Reporting to Campus Police & Safety ......................................................................................................................... 9 Reporting to Other Campus Security Authorities ............................................................................................... 10 Pastoral and Professional Mental Health Counselors Confidential Reporting........................................ 10 TIMELY WARNINGS ............................................................................................................................................................. 11 EMERGENCY RESPONSE AND EVACUATION PROCEDURES .............................................................................. 11 Drills, Exercises, and Training ..................................................................................................................................... 11 Emergency Notification.................................................................................................................................................. 12 Confirming the Existence of a Significant Emergency or Dangerous Situation and Initiating the Emergency Response System: ..................................................................................................................................... 12 Determining the appropriate Segment or Segments of the Campus Community to Receive An Emergency Notification: ................................................................................................................................................ 13 Determining the contents of the Emergency Notification ............................................................................... 13 Procedures Used to Notify the Campus Community:......................................................................................... 13 Procedures for Disseminating Emergency Information to the Larger Community (i.e., Individuals and Organizations Outside the Campus Community): ...................................................................................... 13 Enrolling in MAC Alerts, The Mount Aloysius College Mass Notification System:................................. 14 SECURITY OF and ACCESS TO BUILDINGS ................................................................................................................. 14 Residence Hall Access ..................................................................................................................................................... 14 Security Considerations for Maintenance of Facilities and Grounds .......................................................... 14 Campus SEcurity policies, Crime Prevention, and safety awareness programs.......................................... 15 Education and Prevention Programs ....................................................................................................................... 15 Notification of Missing Student................................................................................................................................... 16 Weapons Policy ................................................................................................................................................................. 17 Student Hunting Weapons Policy .............................................................................................................................. 17 MAC Ethics Hotline and Anonymous Reporting ....................................................................................................... 22 2


MAC Response and commitment to addressing discriminatory harassment, sexual harassment, sexual assault and othe forms of sexual violence, Dating Violence, and stalking ....................................... 22 Discriminatory Harassment ......................................................................................................................................... 22 Mount Aloysius College Comprehensive policy on title IX ................................................................................... 23 Notice of Non-Discrimination ...................................................................................................................................... 23 Statement of Policy Prohibiting Title IX Sexual Harassment.......................................................................... 24 Applicable Scope ............................................................................................................................................................... 24 Prohibited Conduct: Defining sexual harassment, sexual assault, and other forms of sexual violence, dating violence, domestic violence, stalking ...................................................................................... 24 Retaliation also Prohibited Conduct ......................................................................................................................... 29 Procedures for responding to reports of sexual harassment, sexual assault, and other forms of sexual violence, dating violence, domestic violence, stalking Title IX Coordinator/Deputy Title IX Coordinator/Team ........................................................................................................................................................... 30 Key Definitions................................................................................................................................................................... 31 Notice/Complaints of Discrimination/Harassment/Retaliation .................................................................. 33 Supportive measures ...................................................................................................................................................... 34 Emergency Removal Due to Immediate Threat to Physical Health or Safety of Student/Other Individual ............................................................................................................................................................................. 35 Timeline for Response .................................................................................................................................................... 36 Confidentiality and Privacy .......................................................................................................................................... 36 Jurisdiction of Mount Aloysius College .................................................................................................................... 37 Time Limits on Reporting ............................................................................................................................................. 38 Mandated Reporting ........................................................................................................................................................ 38 When A Complainant Does Not Wish to Proceed ................................................................................................ 40 Federal Timely Warning Obligations........................................................................................................................ 41 False Allegations and Evidence ................................................................................................................................... 42 Amnesty for Complainants and Witnesses ............................................................................................................ 42 Interim Resolution Process for Alleged Violations of the Policy On Equal Opportunity, Harassment, and Nondiscrimination........................................................................................................................ 43 Resolution Options ........................................................................................................................................................... 43 Complaint Processing for Administrative Resolution ....................................................................................... 46 Role of Advisor................................................................................................................................................................... 49 Grievance Process............................................................................................................................................................. 50 3


Investigation ....................................................................................................................................................................... 52 Hearing.................................................................................................................................................................................. 53 Expectation of Honesty .................................................................................................................................................. 54 Written Determination ................................................................................................................................................... 54 Disciplinary Sanctions/Remedies .............................................................................................................................. 54 Long Term Remedies/Actions In Addition to Sanctions .................................................................................. 55 Failure to Complete Sanctions or Comply with Remedies of Responsive Action .................................. 55 Withdrawal/Resignation Pending Charges ........................................................................................................... 56 Appeals.................................................................................................................................................................................. 56 Record Keeping Requirements ................................................................................................................................... 57 Federal Statistical Reporting Obligations ............................................................................................................... 57 Training ................................................................................................................................................................................ 57 Modifications to the Policy ........................................................................................................................................... 57 Resources ............................................................................................................................................................................. 58 Bystander Intervention Information: ....................................................................................................................... 59 What to do if you have been the victim of sexual assault, dating violence, domestic violence or stalking (College Policy and Procedure) ................................................................................................................. 59 Procedures the College Will Follow When a Crime of Domestic Violence, Dating Violence, Sexual Assault and Stalking is Reported: .............................................................................................................................. 60 Protection from Abuse and Protection from Sexual Violence or Intimidation Act ............................... 63 Sex Offender Registration ............................................................................................................................................. 64 Sexual Assault Prevention Tips / Risk Reduction ............................................................................................... 64 (from RAINN - Rape, Abuse & Incest National Network, www.rainn.org) ............................................... 64 Campus Reporting Options for Reports of Sexual Assault, Domestic Violence, Dating Violence, and Stalking ................................................................................................................................................................................. 65 Programs to Prevent Domestic Violence, Dating Violence, Sexual Assault and Stalking .................... 66 STUDENT CONDUCT PROCESS and DISCIPLINARY PROCESS ............................................................................ 68 Student Conduct Administration Overview........................................................................................................... 68 Reporting an Incident ..................................................................................................................................................... 68 Off-Campus Violations .................................................................................................................................................... 69 Standard of Proof .............................................................................................................................................................. 69 Level One: Hearing Process .......................................................................................................................................... 69 Level Two: Conduct Board Hearing Process ......................................................................................................... 69 4


Level Three: Appeal Process ........................................................................................................................................ 71 Sanctions .............................................................................................................................................................................. 72 Parental Notification ....................................................................................................................................................... 74 Alcohol and Illicit Drug Policy .......................................................................................................................................... 74 Alcohol Policy ..................................................................................................................................................................... 74 Alcohol Hosting Policy .................................................................................................................................................... 74 ALCOHOL POISONING: ................................................................................................................................................... 75 Pennsylvania’s Medical Amnesty Law ..................................................................................................................... 75 Pennsylvania Underage Drinking Law..................................................................................................................... 75 Pennsylvania Open Container Law............................................................................................................................ 76 Pennsylvania Driving Under the Influence (DUI) Law ...................................................................................... 76 Driver Refusing a Chemical Test ................................................................................................................................ 76 Further Drug Policy Information ............................................................................................................................... 77 Disciplinary Sanctions .................................................................................................................................................... 78 Pennsylvania Law Related to Drug Offenses .............................................................................................................. 78 Pennsylvania Possession of Marijuana Law .......................................................................................................... 78 Synthetic Marijuana ......................................................................................................................................................... 79 Possession of Other Drugs ............................................................................................................................................ 79 Possession of Drug Paraphernalia ............................................................................................................................. 79 Federal Drug Enforcement Administration ................................................................................................................ 79 Drug Schedules .................................................................................................................................................................. 79 Schedule I ............................................................................................................................................................................. 80 Schedule II ........................................................................................................................................................................... 80 Schedule III .......................................................................................................................................................................... 80 Schedule IV .......................................................................................................................................................................... 80 Schedule V............................................................................................................................................................................ 80 Counseling and Treatment ................................................................................................................................................ 84 Alcohol and Other Drug Prevention .......................................................................................................................... 84 Children on Campus Policy ................................................................................................................................................ 85 Mandatory Reporting ...................................................................................................................................................... 85 Outside Organizations .................................................................................................................................................... 85 Children on Campus ........................................................................................................................................................ 85 5


Daily Crime and Fire log ..................................................................................................................................................... 86 College and university security information act, The Jeanne clery act ........................................................... 88 Definitions of Reportable Crimes ............................................................................................................................... 89 Categories of Prejudice................................................................................................................................................... 91 CLERY CRIME STATISTICS: .......................................................................................................................................... 91 Pennsylvania Uniform Crime Report........................................................................................................................ 93 Health and Safety Inspections ..................................................................................................................................... 94 Fire Policies for On-Campus Student Housing Facilities .................................................................................. 94 Fire Definitions .................................................................................................................................................................. 99 Fire Policies Regarding Appliances in Housing Facilities ............................................................................. 100 Smoking: Smoking and Tobacco Policy ................................................................................................................ 100 MAC ANNUAL FIRE REPORT FOR STUDENT HOUSING ..................................................................................... 101 Plans for future fire safety improvements or upgrades ................................................................................ 102 Clery Geography Map........................................................................................................................................................ 102

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PREPARATION OF THE ANNUAL SECURITY & FIRE REPORT Mount Aloysius College Campus Police & Safety prepares this report to comply with the Jeanne Clery Disclosure of Campus Security and Crime Statistics Act. The information is maintained by the Departments of Campus Police & Safety, Student Affairs and Residence Life along with off campus law enforcement agencies that provide information. Campus Security Authorities (CSAs) are also contacted to provide any information they may have received for the calendar year of collection. The report provides crime statistics for the previous three calendar years for crimes that occurred on campus, in residence halls, or at certain off campus or adjacent properties. The Clery report includes policies and resource information for all students, employees and visitors. The College distributes a notice of report availability by October 1 of each year. Anyone can obtain a printed copy of the report by contacting Campus Police & Safety at 814-886-6327 or by visiting the Campus Police & Safety Office in the Cosgrave Student Center (room 102/104) or by visiting: https://issuu.com/mountaloysiuscollege/docs/asr2020. The direct URL for the Annual Security and Fire Report (Clery Report) of Mount Aloysius College is distributed yearly to all students and employees by email with printed copies available at the Campus Police & Safety Office in room 102/104 of the Cosgrave Student Center. The address is also shared by the Admissions office to students applying and by the Human Resources office to prospective employees.

THE CAMPUS POLICE & SAFETY DEPARTMENT CAMPUS POLICE & SAFETY DEPARTMENT MISSION STATEMENT “The Mount Aloysius College Department of Campus Police & Safety seeks to provide the college community with a safe environment in which instruction, learning and recreational activities may take place for the benefit of students, faculty, staff and visitors alike.�

ROLE, AUTHORITY, AND TRAINING The Campus Police & Safety Department functions in conjunction with a collaborative effort of everyone in the campus community to reasonably provide a safe environment for all persons and property associated with the College. Police officers are on-duty 24 hours a day, year round. If an officer is not in the office, he/she can be reached at 814-886-6327, or by contacting the Switchboard Operator at 814-886-4131. Individuals may also use the blue-lighted phones in some of the parking lots or a courtesy phone inside the buildings. In an emergency individuals should call 9-1-1. The Campus Police & Safety Department has sworn police officers with the power of arrest and non-sworn, security officers without arrest power. The campus is located within the jurisdiction of the Cresson Township Police Department and the Pennsylvania State Police.

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Campus Police & Safety is made up of a Director, six full-time officers and several part-time officers. The department sometimes employs student workers to assist with office duties, event staffing and parking enforcement. Most officers have a municipal or state police training background and all have CPR/AED training.

WORKING RELATIONSHIP WITH LOCAL, STATE, AND FEDERAL LAW ENFORCEMENT AGENCIES Mount Aloysius College Campus Police & Safety Department cooperates with Federal, State and Local Law Enforcement Agencies and maintains good working relationship with these organizations, especially with the Cresson Township Police. Campus Police & Safety maintains a Memorandum of Understanding with local police regarding the investigation of alleged criminal incidents. Cooperation with the aforementioned agencies also includes training together, conducting presentations on campus and providing special event coverage.

CRIMES INVOLVING STUDENTS OFF-CAMPUS Mount Aloysius College relies on its relationships with local law enforcement agencies to share with Campus Police & Safety, information regarding criminal activity that our students may have engaged in at off campus locations, including off campus housing and properties adjacent to the College. The College reserves the right, at its discretion, to adjudicate off-campus violations of the student Code of Conduct through the Campus Conduct System.

PROCEDURES FOR REPORTING CRIMES, INCIDENTS & OTHER EMERGENCIES The Campus Police & Safety Department works closely with the Vice President for Student Affairs and the Director of Residence Life regarding reporting any activity that violates College regulations, any criminal actions, or other campus emergencies. It is critical for the safety of the Mount Aloysius College community that all incidents are immediately reported to Campus Police & Safety. This allows Campus Police & Safety to respond to these reports, investigate the situation for severity, check if additional resources are needed and determine if follow-up actions are required - including issuing a timely warning, crime alert or emergency notification. In an emergency an individual should dial 9-1-1 for Police, Fire or EMS response and then contact Campus Police & Safety at 814-886-6327 so an officer may meet and direct any additional responding agencies to the appropriate location on campus.

VOLUNTARY, CONFIDENTIAL REPORTING Mount Aloysius College has the following policy and procedure for victims, or witnesses, to report crimes on a voluntary, confidential basis for inclusion in the annual disclosure of crime statistics. If the victim of a crime or a bystander wants to report a crime of which they are aware, but do not want to pursue action within the campus conduct or off campus criminal justice system, Campus 8


Police & Safety asks that they consider filing a voluntary, confidential report. Depending upon the circumstances of the crime being reported, the individual may be able file a report while maintaining his/her confidentiality. The purpose of a voluntary, confidential report is to comply with keeping personal identifying information confidential, while taking steps to ensure the victim or bystander’s safety as well as the safety of others. Confidential reports allow the College to compile accurate records on the number and types of incidents occurring on campus. Reports filed in this manner are counted and disclosed as a number in the Annual Security and Fire Safety Report statistics. In limited circumstances, the department may not be able to assure confidentiality and would inform individuals of this in those cases. Anyone may call Campus Police & Safety at 814-886-6327 to report information. Callers may remain anonymous. The MAC Ethics Hotline may be accessed 24 hours per day, 365 days per year by calling (toll free) to 877-310-0415 or via the web at www.MACEthicsLine.EthicsPoint.com. This system is an additional mechanism for anonymous reporting of serious incidents. This System is not a 911 service and situations involving imminent danger or when immediate intervention or medical assistance is needed, should be reported to Campus Police & Safety at (814) 886-6327 or calling 9-1-1. The amount of detail provided in an anonymous report will determine the College’s ability to investigate or respond.

REPORTING TO CAMPUS POLICE & SAFETY Incidents, crimes and emergencies should be reported to the Campus Police & Safety Department on-duty officer at the time of occurrence. An Officer is always on-duty and can be reached at 814886-6327. In an emergency dial 9-1-1 for Police, Fire or EMS response. Campus Police & Safety encourages accurate and prompt reporting for all crimes including when the victim of a crime elects to, or is unable to, make such a report. (i.e.)        

If you are the victim of a crime. If you observe a criminal act or campus conduct violation. If you observe or are involved in a vehicular accident. If you or someone you know becomes injured or seriously ill. If you see a suspicious person in a residence hall, parking lot or other location. To express a safety concern; i.e. burned out exterior light, propped doors, use of candles, etc. To report the use, sale or possession of illegal drugs, including alcohol. To report the possession of any type of firearm or weapon.

Individuals should always call the Campus Police & Safety Department if they are unsure whether an occurrence should be reported. An officer on duty responds to reports of crime and medical emergencies as soon as possible after notification. The officer will respond to the complaint and meet with the individual to provide whatever assistance is necessary. Officers will investigate all reported crimes and work with the victim/s to identify those responsible. 9


REPORTING TO OTHER CAMPUS SECURITY AUTHORITIES Incidents, crimes and emergencies should be reported to the Campus Police & Safety Department on-duty officer at the time of occurrence. (814-886-6327). Campus employees who have significant responsibility for student and campus activities are mandated by the Clery Act to report information to the Campus Police & Safety Department when they learn of a crime. The Clery Act recognizes certain College officials and offices as “Campus Security Authorities (CSA).” The act defines these individuals as “officials of an institution who have significant responsibility for student and campus activities, including, but not limited to, residence life, athletics, and campus conduct. An official is defined as any person who has the authority and the duty to take action or respond to particular issues on behalf of the institution.” While the Mount Aloysius College has identified over one hundred CSA’s on campus, the College officially designates the following offices as locations where campus employees and students should report crimes: (Clery reportable crimes are: murder/non-negligent manslaughter; negligent manslaughter, robbery, aggravated assault, burglary, motor vehicle theft, arson, rape, fondling, incest, statutory rape, domestic violence, dating violence, stalking, larceny simple assault, vandalism, intimidation, weapon laws, drug laws, liquor laws) These offices are also where an employee or student should report Clery criminal offenses described in the law for the purpose of making timely warning reports and the annual statistical disclosure. Department

Location

Phone Number

Campus Police & Safety (24/7) (Director, Officers)

Cosgrave Student Center room 102/104

814-886-6327

Residence Life (Director, Assistant Director, Graduate Resident Directors and Resident Assistants)

Cosgrave Student Center room 112

814-886-6388

VP Student Affairs/Title IX Coordinator

Cosgrave Student Center room 106

814-886-6426

Chief Human Resources Officer/ Title IX Deputy Coordinator

Administration Building room 204

814-886-6390

PASTORAL AND PROFESSIONAL MENTAL HEALTH COUNSELORS CONFIDENTIAL REPORTING According to the Clery Act, pastoral and professional mental health counselors who are appropriately credentialed and hired by Mount Aloysius College to serve in a counseling role are not considered Campus Security Authorities when they are acting in the counseling role. As a matter of policy, the College encourages pastoral and professional mental health counselors to notify those whom they are counseling of the voluntary, confidential reporting options available to them. Campus counselors are available in Saint Joseph Hall room 101. 10


TIMELY WARNINGS In compliance with The Jeanne Clery Disclosure of Campus Security Policy and Crime Statistics Act (Clery Act), the Mount Aloysius College Director of Campus Police & Safety, the on-duty officer, or Chief Human Resources Officer, may request a timely warning and provide information to the VP of Student Affairs. That information will then be reviewed by the President for consideration and development to issue a “Timely Warning” notice to the campus community regarding incidents of significance that occur on or adjacent to campus and are considered by the institution to represent a serious or continuing threat to students and employees. Incidents are reviewed on a case by case basis. The College will typically issue a Timely Warning for the following crimes: arson; aggravated assault; criminal homicide; domestic violence, dating violence, robbery; burglary, sexual assault, hate crimes; and stalking. The College may also issue a Timely Warning for alcohol, drug, and weapon arrests or referrals that may cause a continuing threat to the community. These warnings are to provide students and employees information in a timely manner, which withholds the names of victims as confidential, and will aid in the prevention of similar incidents. For incidents involving off-campus crimes, the College may issue a Timely Warning if the crime occurred in a location used and frequented by the College population. They will be distributed by an employee at the direction of the President or designee, through email to the campus community and by poster for Maintenance, Housekeeping and Food Service.

EMERGENCY RESPONSE AND EVACUATION PROCEDURES Mount Aloysius College emergency response and evacuation procedure information is located on the “EMERGENCY LEVELS OF RESPONSE” sign in each room on-campus and the evacuation signs in the hallways. In the event a situation requires immediate emergency response, the notification of these procedures will include the use of electronic and cellular communication (if appropriate). Each room on campus also has 9-1-1 address signs for use in case of an emergency. The signs are generally posted near the room entrance door / light switch area. An Emergency Plan is located on the campus intranet at: Log into MyMAC, click on “MAC Policies – Documents,” and then click on “Emergency Action Plan.” This information is also available to employees in the emergency flip charts provided to them.    

LEVEL 1 – Evacuation (light blue section) LEVEL 2 – Shelter In Place, Weather Related (green section) LEVEL 3 – Shelter In Place, Hazardous Material (red section) LEVEL 4 – Violence/Threats: RUN, HIDE, FIGHT (black section)

DRILLS, EXERCISES , AND TRAINING Through the Campus Police & Safety Department, Mount Aloysius College tests its emergency plans at least once annually. The tests range from table top sessions and small hands on trainings, to campus-wide drills. The drills can include departments from across campus and usually include state, county and local response agencies. At least once annually, the drill will coincide with a test of 11


the MAC Alert mass notification system. Sending out a notification of drill commencing and at least one more message stating “all clear” when the drill ends. Drills may be announced or unannounced. When announced, it will be publicized in the MAC announcements and through email notification. Community members should not call Campus Police & Safety asking if a situation is a drill or not and should respond to all situations as if they are real.

EMERGENCY NOTIFICATION Mount Aloysius College is committed to ensuring the campus community receives timely, accurate, and useful information. The College will immediately notify the campus community upon confirmation of a significant emergency or dangerous situation involving an immediate threat to the health or safety of students or employees occurring on the campus. Mount Aloysius College uses the emergency notification system Omnilert to provide electronic and cellular alerts via MAC Alerts. MAC Alerts is an emergency notification service available to students, faculty and staff. MAC Alerts is an opt-in system requiring the users to create their own accounts. MAC Alerts subscriber’s choices include up to two phone numbers for voice or text messages, to choose an expiration date and to add an email other than their MAC account. All Mount Aloysius College email addresses are automatically sent the alert information and cannot be removed by the user. The system also sends the alert to the MAC Facebook and Twitter pages, the MAC web page, displayed on computer screens for computers owned by MAC and Alertus Beacons inside Cosgrave Center; Bertschi Center; Academic Hall; Administration Building; Pierce Hall, ACWC and the Library. Not all of the methods of notification MAC Alerts is capable of, may be used for all situations.

CONFIRMING THE EXISTENCE OF A SIGNIFICANT EMERGENCY OR DANGEROUS SITUATION AND INITIATING THE EMERGENCY RESPONSE SYSTEM: The Department of Campus Police & Safety and/or other campus Officials may become aware of a critical incident or other emergency situation that potentially affects the health or safety of the campus community. Generally, Officials become aware of these situations when they are reported to the Department of Campus Police & Safety. Once Campus Police & Safety confirms that there is, in fact, an emergency or dangerous situation that poses an immediate threat to the health or safety of some, or all, members of the campus community, Campus Police & Safety Officers will send an emergency notification will utilizing a pre-programmed short code message or notify the Director of Campus Police & Safety, and if needed, one of the following people, The Vice President for Student Affairs, Director of Communications, Director of Information Technology, Executive Assistant for Administrative Services, Switchboard Office Specialist, Assistant Director of Communications or Network Operations Manager. The campus’s authorized representatives will, without delay, and taking into account the safety of the community, determine the content of the notification and initiate the notification system, unless issuing a notification will, in the professional judgement of responsible authorities, compromise efforts to assist a victim or to contain, respond to, or otherwise mitigate the emergency. They will initiate all or some portions of the MAC Alert system sending information supplied by the first responder that is necessary to assist the campus community. When possible, follow up information will be sent out. As soon as the condition that 12


may compromise efforts is no longer present, the campus will issue an all clear message to advise of the end to the situation.

DETERMINING THE APPROPRIATE SEGMENT OR SEGMENTS OF THE CAMPUS COMMUNITY TO RECEIVE AN EMERGENCY NOTIFICATION : Campus and/or local first responders on the scene of a critical incident or dangerous situation may assist those preparing the emergency notification with determining what segment or segments of the campus community should receive the notification. Generally, campus community members in the immediate area of the dangerous situation (i.e., the building, adjacent buildings, or surrounding area) will receive the emergency notification first, which may be by voice or in person contact from the personnel on scene or responding. The responsible campus authorities will continually evaluate the situation and assess the need to notify additional segments of the campus population.

DETERMINING THE CONTENTS OF THE EMERGENCY NOTIFICATION Speed and accuracy of the information are of utmost importance in issuing emergency notifications. To expedite this process and ensure each message contains essential information, the mass notification system contains pre-scripted templates for the most possible emergencies. These messages identify the situation, allow for input of the location, and identify the immediate emergency level of response action that should be taken. The individual authorizing the message will select the most appropriate template. In situations, where there are no predetermined templates in the system, the individual may use the “custom� template to craft a specific message. The goal is to ensure that members of the campus community are aware of the situation and that they know the steps they may take to try and stay safe. When a situation is fluid, not all messages going out may pertain to everyone. Individuals are encouraged to take whatever action they deem necessary in their immediate circumstances.

PROCEDURES USED TO N OTIFY THE CAMPUS COMMUNITY: In the event of a situation that poses an immediate threat to members of the campus community, the campus has various systems in place for communicating information quickly. Some or all of these methods of communication may be used in the event of an emergency. These methods include the mass notification system MAC Alerts, which may include: SMS, e-mail, voice, RSS, Twitter, Facebook, Alertus Desktop and Alertus Beacons. The College may also use verbal announcements, public address systems, fire alarms and other measures based on circumstances and devices available at the time of need.

PROCEDURES FOR DISSEMINATING EMERGENCY INFORMATION TO THE LARGER COMMUNITY (I.E., INDIVIDUALS AND ORGANIZATIONS OUTSIDE THE CAMPUS COMMUNITY ): If the campus activates its MAC Alert system in response to a situation that poses an immediate threat to members of the campus community, the appropriate offices at the campus will coordinate notification of the larger Cresson community about the situation and steps the campus has taken to address the emergency. Primarily, Campus Communications with assistance from Information 13


Technology Services is responsible for crisis communications and for updating notices on Facebook, Twitter, and other social networking platforms and for maintaining communications with news outlets, distribution of press releases, and scheduling of press conferences. They will coordinate communications with off campus agencies, such as the incident commander, Cambria County Emergency Management, and/or local response agencies in absence of Cambria EMA.

ENROLLING IN MAC ALERTS, THE MOUNT ALOYSIUS COLLEGE M ASS NOTIFICATION SYSTEM: All faculty, staff and students are encouraged to enroll in MAC Alerts. Individuals may enroll by signing into their My MAC page, click on MAC Alerts, and then follow the prompts to set up their account. Everyone with an active Mount Aloysius College email account will automatically receive the MAC Alerts messages via email.

SECURITY OF AND ACCESS TO BUILDINGS Academic buildings are generally open from 8:00 a.m. until 9:30 p.m., Monday through Thursday and 8:00 a.m. until 6:00 p.m. Friday when classes are in session. Academic buildings are scheduled to be open on weekends only as needed. Many events held on campus are open to the public. Contact information office at 814-886-4131 for specific public event times and locations.

RESIDENCE HALL ACCESS Each designated entrance door for on campus residence hall access has computerized access control. The doors are secure 24/7. Identification cards are coded so that only students who are residents in a particular hall have authorized electronic access to temporarily unlock the entry door to that hall; the computer system denies electronic unlocking to all unauthorized cards. When an entrance door is left ajar, most have an audible alarm that is activated. All exterior doors have panic bars that will allow exit during an emergency. Campus Police & Safety officers and/or Residence Life staff walk through all on campus residences at least twice a night. Residents must accompany any visitors they are hosting in the residence hall. Residents are not permitted to share their access card or room key with others. It is the responsibility of residents, staff and officers to challenge or report individuals who cannot be identified as residents or the authorized guests of residents. A member or members of residence life staff live in each of the residence halls.

SECURITY CONSIDERATIONS FOR MAINTENANCE OF FACILITIES AND GROUNDS Campus Police & Safety works with the Physical Plant Department to promote safe and secure conditions in campus facilities and grounds; including monitoring that foliage is trimmed, entrances are unobstructed and campus lighting is in good working order. College community members are encouraged to make Campus Police & Safety aware of potential safety concerns on campus by calling 814-886-6327.

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CAMPUS SECURITY POLICIES, CRIME PREVENTION, AND SAFETY AWARENESS PROGRAMS The College makes every reasonable effort, through the cooperation of all departments, to create an environment that is both safe and secure. Although we cannot guarantee safety, we believe that through cooperative efforts and appropriate education, we can strive toward that end. Mount Aloysius offers programs throughout the year designed to inform students about personal and Campus Police & Safety procedures and encourage students and employees to be responsible for their own security and the security of others. Students are initially informed of these procedures during orientation sessions. Throughout the year, programming and workshops sponsored by various Student Affairs departments include information regarding safety issues, alcohol and drug abuse prevention and sexual misconduct awareness and prevention on-campus for all students. At least one prevention or education program regarding safety or security is presented by Campus Police & Safety for the campus community each semester. Programs are open to employees and students. In cases of criminal activity or other incidents which are considered an ongoing threat to the Mount Aloysius Community, the Timely Warning or Emergency Notification procedures will be followed. These steps will be taken as quickly as possible so the campus community can take any precautions necessary. The College complies with federal, state and local laws including those which regulate the possession, use/sale of alcoholic beverages and controlled substances. The College cooperates with local and state police in relation to all crimes. Firearms, weapons and ammunition that are not under the hunting policy, the trap shooting club or police department, are prohibited at Mount Aloysius College.

EDUCATION AND PREVENTION PROGRAMS Informational programs are held throughout the academic year dealing with issues of safety and security for all students. Campus Police & Safety is honored to be a part of the educational endeavors across campus. The programs are provided by various departments including Campus Police & Safety, Student Activities, Student Affairs, Residence Life, and student clubs/organizations. Examples of programming are: 



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A mandatory resident meeting is held at the beginning of each semester for all 500 residents (max occupancy) to learn about the college code of conduct and general safety and security tips such as bystander intervention, locking valuables in the trunk of a vehicle and safety in numbers. (Mandatory/ all residents/ each semester/ updated annually) Each year Campus Police & Safety is the topic of one of the Student Government Town Hall Meetings for students. Campus Police & Safety provide a general overview of the services their area provides to campus and open the session up for discussion with, and questions from, students (not mandatory/all students/ annually)


Situational awareness small group trainings (how to be aware of your surroundings for all situations, which includes Run, Hide, Fight training) are held for students and employees each year. Employees are also given a large group training at the beginning of the fall semester. (not mandatory/ all students and employees/ conducted each semesters/ updated annually)

Employee focused lunch and learn sessions featuring safety/security presenters providing employees hands on training for self-defense with everyday items such as an umbrella. (not mandatory/ all employees/ at least one time per year)

New employee orientation: includes information about Title IX, Campus Security Authority and VAWA. This is presented in a group setting at the beginning of the semester. (Mandatory/ employees/ each semester/ updated annually)

Resident Assistants receive training in emergency situation response, reporting information of sexual assault, domestic violence, stalking, dating violence situations, situational awareness and interaction with Campus Police. (mandatory for the RAs/ once at beginning of fall semester/ updated annually)

Campus Security Authority training (through D. Stafford & Associates) is completed online and includes Clery, Title IX responsible employee and VAWA modules. Training is purchased from D. Stafford & Associates. (mandatory for all employees/students identified as a CSA/ each fall semester and when someone new is identified in the academic year/ updated annually)

NOTIFICATION OF MISSING STUDENT If a member of the Mount Aloysius College Community has reason to believe a student is missing, whether or not the student resides on campus, it is the policy of the College that all possible efforts will be made to locate the student to determine the student’s state of health and well-being. These efforts will be undertaken through collaboration with various departments in the College as well as local law enforcement agencies. If you believe a student is missing, immediately contact Campus Police & Safety at (814) 886-6327. If anyone else is contacted, that person must immediately provide the information to Campus Police. The on-duty officer will initiate an investigation. If the student is confirmed missing, the officer will contact the Cresson Township Police or the Pennsylvania State Police, the missing person contact or if none listed, the student’s emergency contact. If the missing student is under 18 years of age and not emancipated, the custodial parent/ guardian will be contacted in addition to notifying any additional contact person designated by the student. The College will make contact no later than 24 hours after confirming the student missing. The emergency contact and missing person contact information is obtained as part of the housing contract for residents and through the Registrar for commuter information. The emergency contact information is registered confidentially and will be accessible only to authorized campus officials and law enforcement and will not be disclosed outside of a missing person investigation.

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WEAPONS POLICY The possession, whether open, concealed or in a vehicle, of any weapon including, but not limited to firearms, including BB, paintball, and pellet guns, explosives including ammunitions, firecrackers, fireworks and explosive chemicals, archery equipment, biological and chemical weapons, any knife, razor or cutting instrument, the blade of which is exposed in an automatic way by switch, push button, spring mechanism, or any object that could be used to cause fear, and/or inflict serious bodily injury, and serves no common and lawful purpose, is prohibited. Possessing a valid conceal carry permit does not permit you to carry a weapon on Mount Aloysius College property. Any violation of this policy will result in disciplinary action that may result in immediate dismissal from the College.

STUDENT HUNTING WEAPONS POLICY Introduction Firearms, ammunition, bows, and arrows are permitted to be stored with Campus Police & Safety for the hunting seasons which occur during the fall and spring semesters. Weapons of any kind, beyond this policy, are prohibited. Refer to the Student Handbook for the current general weapon policy. Storage of firearms, ammunition, compound bows, arrows, cross bows, and bolts is a privilege and can be revoked at any time, without warning. Students taking advantage of this privilege must abide by the policy set forth by Mount Aloysius College and Campus Police & Safety at all times. It is the student’s responsibility to read, understand, and follow this policy. ARMORY PRIVILEGES AND/OR ACCESS MAY BE DENIED AT THE SOLE DISCRETION OF THE COLLEGE. ARMORY PRIVILEGES WILL BE REVOKED FOR ANY VIOLATION OF COLLEGE POLICIES OR PROCEDURES. Disclaimer: The College reserves the right to modify these policies and procedures at its own discretion, and to deny privileges at any time. Procedures and Requirements for Armory Registration Armory Storage: Students are permitted to store firearms/ammunition/bows/arrows during the fall and spring semester until Spring Break begins. Students must check-out and remove from the Armory all stored items before leaving for the scheduled Spring Break. NO EXCEPTIONS WILL BE PERMITTED! Items left in the armory past the beginning of Spring Break will be considered abandoned property. A certified notice will be sent that if after 30 days from written notice the weapon is not claimed, the Mount Aloysius College Police & Safety Department will seek a Cambria County Court approval to destroy the weapon. Items other than weapons will also be disposed of. Firearm Allotment: Each student is permitted to store up to 2 firearms which may include shotguns, and rifles. NO OTHER FIREARMS ARE PERMITTED, INCLUDING BUT NOT LIMITED TO HANDGUNS or any firearm that is a military style platform such as AR or AK. No full-auto weapons are permitted. 17


Firearm Information: Student must provide all information on the firearm(s) they are storing, including the owner’s information, make, model, caliber, and serial number. This information will be logged and stored by Campus Police & Safety. Failure to provide any of the required information will result in the student’s inability to remove the firearm from the Armory until all required information is provided. The student will be issued a numbered Firearm receipt card for each firearm checked in with the above information and the student’s personal information. This card must be presented along with the student ID card and a valid PA Hunting License every time the student checks out a firearm. Securing of Firearms: Each firearm must have a trigger or action lock, hard case, and a case lock – all of which must remain on at all times while being retrieved from or returned to the Armory, without exception. Bows: Each student is permitted to store one bow, compound or cross, which must be in a hard case with a lock. The student must provide the owners information, make, model, and serial number of the bow. The student will be issued a numbered Bow receipt card with the above information and the student’s personal information. This card must be presented along with student ID card and a valid PA Hunting License every time the student checks out the bow. Ammunition: Each student is permitted to store one small lockable container for storage of ammunition and/or arrows. The student will be issued a numbered receipt card with the student’s personal information. This card along with student ID card and a valid PA Hunting License must be presented every time the student checks out the ammo/arrow container. Student Information: Student must provide their personal information, including name, student ID number, residence hall, room number, contact phone number, home address, and home phone number. This information will be logged by Campus Police & Safety, to be accessible in case of an emergency. Pennsylvania State Hunting License: Each student hunter must present a valid PA Hunting License and have it present each time they check out their firearm. No out of state hunting licenses will be accepted. Acknowledgement Agreement: Student must sign an agreement stating they have read, understand, and will abide by the requirements of the Armory Policy, Procedure and Requirements for Check-Outs and Returns Exiting and Returning to the Armory: Student must immediately leave the campus upon checking out firearms/bows/ammo/arrows/bolts. Student must return directly to the Armory, located at the Athletic Convocation and Wellness Center receiving dock, upon arrival to check in firearms/bows/ammo/arrows/bolts. Hunting Trip Information: 18


Student must provide hunting information, including but not limited to: name, date, time, estimated time of return, names of hunting companions, hunting location*, firearms/bows/ammo/arrows being checked out. No hunting is permitted on any Mount Aloysius Campus property. (*Although it is understood that the student may deviate from the exact hunting locations provided, any and all information will be helpful in the event of an injured or lost student.) Student ID: Each student must have their college issued student ID card on them and keep it on them while they are in possession of any firearms or bows. This ensures that the student not only has their college ID for check-in/checkout, but also allows them to identify themselves if they are questioned by local authorities or campus officials. Firearm: The trigger lock and case lock must remain on during transport to and from the Armory. The student will be required to open the case at every check-in and check-out to ensure the firearm is unloaded and locked; at no other time is the firearm to be removed from the case on campus and at no time be loaded while on campus or transporting. Route TO and FROM Armory: Upon entering campus with weapon in vehicle it must be taken directly to the armory, no stopping anywhere else on campus. Once weapon is obtained at the armory, it must be taken off campus without stopping anywhere else on campus. 1. Drive down Mountie Way, located off College Drive at four-way intersection. 2. Go straight into parking lot 14, turn left in the parking lot and park behind the ACWC at the loading dock door. 3. Call for an officer at 814-886-6327 to meet you. Wait at your vehicle until an officer arrives. You will then be escorted into the receiving area and the armory. Officer response time is subject to other priorities. **FOLLOW THESE DIRECTIONS FOR CHECKING IN AND OUT FIREARMS/BOWS/AMMO. **DO NOT DEVIATE FROM ROUTE, REGARDLESS OF WEATHER CONDITIONS. **NO HUNTING IS PERMITTED ON MOUNT ALOYSIUS COLLEGE PROPERTY AND THE PROPERTIES NEXT TO THE COLLEGE ARE POSTED NO HUNTING BY PRIVATE OWNERS.

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Pennsylvania Game Commission: PA Game Commission hunting information, rules and regulations (where to purchase a license; where you may hunt; when you may hunt for certain game). Be aware that for whitetail deer hunting, you must follow the different regulations for the various Wildlife Management Units (WMU) that are mapped. Identifying such rules as what type of weapon you may use, how many tines an antlered deer must have, etc. https://www.pgc.pa.gov/Pages/default.aspx In addition to PA Game laws, PA further defines regulations for transporting of firearms in a vehicle. Our best advice for transporting a firearm to or from campus is to make sure the weapon is completely unloaded with nothing chambered and no rounds in a magazine. Keep the firearm in a locked case and as far from the driver as possible. (i.e. –the trunk, furthest point possible in whatever type of pickup it is, or back section of a hatchback/SUV) Ammunition for the firearm is to be in a separate container. Pennsylvania Law regarding transportation of a weapon: Title 18 Crimes and Offenses: § 6106. Firearms not to be carried without a license. (a) Offense defined.-(1) Except as provided in paragraph (2), any person who carries a firearm in any vehicle or any person who carries a firearm concealed on or about his person, except in his place of abode or fixed place of business, without a valid and lawfully issued license under this chapter commits a felony of the third degree. (2) A person who is otherwise eligible to possess a valid license under this chapter but carries a firearm in any vehicle or any person who carries a firearm concealed on or about his person, except in his place of abode or fixed place of business, without a valid and lawfully issued license and has not committed any other criminal violation commits a misdemeanor of the first degree. (b) Exceptions.--The provisions of subsection (a) shall not apply to: (Here are a few of the 16 that apply to our situation) (4) Any persons engaged in target shooting with a firearm, if such persons are at or are going to or from their places of assembly or target practice and if, while going to or from their places of assembly or target practice, the firearm is not loaded. (8) Any person while carrying a firearm which is not loaded and is in a secure wrapper from the place of purchase to his home or place of business, or to a place of repair, sale or appraisal or back to his home or place of business, or in moving from one place of abode or business to another or from his home to a vacation or recreational home or dwelling or back, or to recover stolen property under section 6111.1(b)(4) (relating to Pennsylvania State Police), or to a place of instruction intended to teach the safe handling, use or maintenance of firearms or back or to a location to which the person has been directed to relinquish firearms under 23 Pa.C.S. § 6108 (relating to relief) or back upon return of the relinquished firearm or to a licensed dealer's place of business for relinquishment pursuant to 23 Pa.C.S. § 6108.2 (relating to relinquishment for consignment sale, lawful transfer or safekeeping) or back upon return of the relinquished firearm or to a location for safekeeping pursuant to 23 Pa.C.S. § 6108.3 7 (relating to relinquishment to third party for safekeeping) or back upon return of the relinquished firearm. 21


(9) Persons licensed to hunt, take furbearers or fish in this Commonwealth, if such persons are actually hunting, taking furbearers or fishing as permitted by such license, or are going to the places where they desire to hunt, take furbearers or fish or returning from such places.

MAC CAMPUS POLICE & SAFETY 814–886-6327

MAC ETHICS HOTLINE AND ANONYMOUS REPORTING The MAC Ethics Hotline may be accessed 24 hours per day, 365 days per year by calling (toll free) 877-310-0415 or via the web at www.MACEthicsLine.EthicsPoint.com. This system is an additional mechanism for reporting serious ethical issues, fraud or suspected illegal activity, unsafe or potentially dangerous conduct and sexual harassment/misconduct to college administrators for investigation and proper handling. Faculty, staff and students are encouraged to report issues or concerns to their supervisor or other College official when possible. However, the Ethics Hotline is intended to augment our internal reporting system when an individual is not comfortable using other reporting mechanisms and/or wishes to remain anonymous. This System is not a 911 service and situations involving imminent danger or when immediate intervention or medical assistance is needed, should be reported to Campus Police & Safety at (814) 886-6327 or 9-1-1. The amount of detail provided in an anonymous report will determine the College’s ability to investigate or respond.

MAC RESPONSE AND COMMITMENT TO ADDRESSING DISCRIMINATORY HARASSMENT, SEXUAL HARASSMENT, SEXUAL ASSAULT AND OTHE FORMS OF SEXUAL VIOLENCE, DATING VIOLENCE, AND STALKING DISCRIMINATORY H ARASSMENT Mount Aloysius College strictly prohibits and does not tolerate unlawful discrimination against any person on the basis of age, ancestry, color, disability or handicap, national origin, race, religious creed, gender, gender identity, sexual orientation, genetic information or veteran status in the administration of its admissions and employment practices, educational policies, financial aid, scholarship and loan programs, athletics or any other College administered program. Student Policy: All students have the right to work, learn, and study in an environment free from all forms of discrimination and conduct which can be considered harassing, coercive, or disruptive. Accordingly, it is the policy of the college that no member of the campus community may engage in conduct that is abusive to others. This includes any discriminatory, quid pro quo situations, hostile, or hateful acts toward another person’s personal, educational or professional interests based on that individual’s age, ancestry, color, disability or handicap, national origin, race, religious creed, gender, gender identity, sexual orientation, genetic information or veteran status. Students who are 22


deemed to have violated this Policy will be subject to disciplinary action via the College’s Student Conduct process up to and including suspension or dismissal from the College. Mount Aloysius College prohibits sexual misconduct by students. Actions which result in charges of sexual misconduct as defined by this policy are subject to the College’s conduct process and also may subject a student to civil and/or criminal liability under federal and state laws and policies, including Title IX of the federal civil rights laws. Employee Policy: Mount Aloysius College will not tolerate unlawful harassment or discrimination of its employees, students or applicants for employment by anyone including supervisors, co-workers, students or other third parties with which the College does business. This policy covers harassment of any kind whether motivated by age, ancestry, color, disability or handicap, national origin, race, religious creed, gender, gender identity, sexual orientation, genetic information or veteran status prohibited by federal or state law including Title VII of the Civil Rights Act of 1964, Title IX, the Equal Pay Act of 1963, the Age Discrimination in Employment Act of 1967, the Americans with Disabilities Act, Title II of the Genetic Information Nondiscrimination Act of 2008 and the PA Human Relations Act, among others. This policy applies to all faculty and staff of Mount Aloysius College in all aspects of employment whether on or off College premises. Therefore, this policy will apply while on business-related travel or at job-related social events. Employees who are deemed to have violated this Policy will be subject to disciplinary action up to and including termination of employment. For purposes of this policy, harassment is defined as verbal or physical conduct that denigrates or shows hostility or aversion to a person’s age, ancestry, color, disability or handicap, national origin, race, religious creed, gender, gender identity, sexual orientation, genetic information or veteran status, or any other characteristic that may be protected by federal or state law and has the purpose or effect of one or more of the following:   

Creates an intimidating, hostile, or offensive study, learning, or work environment; Has the purpose or effect or unreasonably interferes with an individual’s study, learning experience, or work performance; or Otherwise adversely affects an individual’s educational or employment opportunities.

MOUNT ALOYSIUS COLLEGE COMPREHENSIVE POLICY ON TITLE IX NOTICE OF NON-DISCRIMINATION Mount Aloysius College (hereinafter “the College” or “MAC”) is committed to providing a workplace and educational environment, as well as other benefits, programs, and activities, that are free from discrimination, harassment, and retaliation. To ensure compliance with federal and state civil rights laws and regulations, and to affirm its commitment to promoting the goals of fairness and equity in all aspects of the educational program or activity, MAC has developed internal policies and procedures that provide a prompt, fair, and impartial 23


process for those involved in an allegation of discrimination or harassment on the basis of protected class status, and for allegations of retaliation. MAC values and upholds the equal dignity of all members of its community and strives to balance the rights of the parties in the grievance process during what is often a difficult time for all those involved. In situations wherein the College learns of such discrimination, the College is committed to remedying the discrimination and its effects. STATEMENT OF POLICY PROHIBITING TITLE IX SEXUAL HARASSMENT Title IX of the Education Amendments of 1972 (20 U.S.C. 1681, et. Seq) and its implementing regulations prohibit discrimination on the basis of sex in education programs and activities as follows, “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance.” Mount Aloysius College does not discriminate on the basis of sex in the educational programs or activities that it operates. APPLICABLE SCOPE The core purpose of this policy is the prohibition of sexual harassment and discrimination as defined by Title IX of the Education Amendments of 1972, as amended. Sometimes, discrimination involves exclusion from activities, such as admission, athletics, or employment. Other times, discrimination takes the form of harassment or, in the case of sexbased discrimination, can encompass sexual harassment, sexual assault, stalking, sexual exploitation, dating violence or domestic violence. When an alleged violation of this policy is reported, the allegations are subject to resolution using the College’s Title IX process as implemented by the Title IX Coordinator, and as detailed below. When the Respondent is a member of the MAC community, a grievance process may be available regardless of the status of the Complainant, who may or may not be a member of the MAC community. This community includes, but is not limited to, students, student organizations, faculty, administrators, staff, and third parties such as guests, visitors, volunteers, invitees, and campers. The procedures below may be applied to incidents, to patterns, and/or to the campus climate, all of which may be addressed and investigated in accordance with this policy. PROHIBITED CONDUCT: DEFINING SEXUAL HARASSMENT, SEXUAL ASSAULT, AND OTHER FORMS OF SEXUAL VIOLENCE , DATING VIOLENCE, DOMESTIC VIOLENCE , STALKING The College has adopted the following definition of Sexual Harassment in order to address the unique environment of an academic community, which consists not only of employer and employees, but of students as well. Acts of sexual harassment may be committed by any person upon any other person, regardless of the sex, sexual orientation, and/or gender identity of those involved. 24


The following constitute prohibited conduct if the conduct occurs within the United States and within the College’s education program or activity, and at the time of filing a formal complaint, the complainant is participating in or attempting to participate in the education program or activity at the College. Sexual Harassment, as an umbrella category, includes the offenses of sexual harassment, sexual assault, domestic violence, dating violence, and stalking, and is defined as: Conduct on the basis of sex that satisfies one or more of the following: 1) Quid Pro Quo: a. an employee of the College, b. conditions the provision of an aid, benefit, or service of the College, 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 College’s education program or activity. 3) Sexual assault, defined as: a) Sex Offenses, Forcible: i) Any sexual act directed against another person, ii) without the consent of the Complainant, iii) including instances in which the Complainant is incapable of giving consent. b) Forcible Rape: i) Penetration, ii) no matter how slight, iii) of the vagina or anus with any body part or object, or iv) oral penetration by a sex organ of another person, v) without the consent of the Complainant. c) Forcible Sodomy: i) Oral or anal sexual intercourse with another person, ii) forcibly, iii) and/or against that person’s will (non-consensually), or iv) not forcibly or against the person’s will in instances in which the Complainant is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacity. d) Sexual Assault with an Object: 25


i) ii) iii) iv) v) vi)

The use of an object or instrument to penetrate, however slightly, the genital or anal opening of the body of another person, forcibly, and/or against that person’s will (non-consensually), or not forcibly or against the person’s will in instances in which the Complainant is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacity. e) Forcible Fondling: i) The touching of the private body parts of another person (buttocks, groin, breasts), ii) for the purpose of sexual gratification, iii) forcibly, iv) and/or against that person’s will (non-consensually), v) or not forcibly or against the person’s will in instances in which the Complainant is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacity. f) Sex Offenses, Non-forcible: 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 law. ii) Statutory Rape: 1) Non-forcible sexual intercourse, 2) with a person who is under the statutory age of consent of 18. 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, 26


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 just 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. As used in the offenses above, the following definitions and understandings apply: Force: Force is the use of physical violence and/or physical imposition to gain sexual access. Force also includes threats, intimidation (implied threats), and coercion that is intended to overcome resistance or produce consent (e.g., “Have sex with me or I’ll hit you,” “Okay, don’t hit me, I’ll do what you want.”). 27


Sexual activity that is forced is, by definition, non-consensual, but non-consensual sexual activity is not necessarily forced. Silence or the absence of resistance alone is not consent. Consent is not demonstrated by the absence of resistance. While resistance is not required or necessary, it is a clear demonstration of non-consent. Coercion: Coercion is unreasonable pressure for sexual activity. Coercive conduct differs from seductive conduct based on factors such as the type and/or extent of the pressure used to obtain consent. When someone makes clear that they do not want to engage in certain sexual activity, that they want to stop, or that they do not want to go past a certain point of sexual interaction, continued pressure beyond that point can be coercive. Consent is:  knowing, and  voluntary, and  clear permission  by word or action  to engage in sexual activity. Since individuals may experience the same interaction in different ways, it is the responsibility of each party to determine that the other has consented before engaging in the activity. For consent to be valid, there must be a clear expression in words or actions that the other individual consented to that specific sexual conduct. Reasonable reciprocation can be implied. For example, if someone kisses you, you can kiss them back (if you want to) without the need to explicitly obtain their consent to being kissed back. Consent can also be withdrawn once given, as long as the withdrawal is reasonably and clearly communicated. If consent is withdrawn, that sexual activity should cease within a reasonable time. The burden remains on Mount Aloysius College to determine whether its policy has been violated. The existence of consent is based on the totality of the circumstances evaluated from the perspective of a reasonable person in the same or similar circumstances, including the context in which the alleged incident occurred and any similar, previous patterns that may be evidenced. Incapacitation: A person cannot consent if he/she is unable to understand what is happening or is disoriented, helpless, asleep, or unconscious, for any reason, including by alcohol or other drugs. As stated above, a Respondent violates this policy if he/she engages in sexual activity with someone who is incapable of giving consent. It is a defense to a sexual assault policy violation that the Respondent neither knew nor should have known the Complainant to be physically or mentally incapacitated. “Should have 28


known” is an objective, reasonable person standard which assumes that a reasonable person is both sober and exercising sound judgment. Incapacitation occurs when someone cannot make rational, reasonable decisions because they lack the capacity to give knowing/informed consent (e.g., to understand the “who, what, when, where, why, or how” of their sexual interaction). Incapacitation is determined through consideration of all relevant indicators of an individual’s state and is not synonymous with intoxication, impairment, blackout, and/or being drunk. This policy also covers a person whose incapacity results from a temporary or permanent physical or mental health condition, involuntary physical restraint, and/or the consumption of incapacitating drugs. RETALIATION ALSO PROHIBITED CONDUCT Protected activity under this policy includes reporting an incident that may implicate this policy, participating in the grievance process, supporting a Complainant or Respondent, assisting in providing information relevant to an investigation, and/or acting in good faith to oppose conduct that constitutes a violation of this Policy. Acts of alleged retaliation should be reported immediately to the Title IX Coordinator and will be promptly investigated. Mount Aloysius College is prepared to take appropriate steps to protect individuals who fear that they may be subjected to retaliation. It is prohibited for the College or any member of the College community to take materially adverse action by intimidating, threatening, coercing, harassing, or discriminating against any individual for the purpose of interfering with any right or privilege secured by law or policy, or 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 and procedure. Charges against an individual for code of conduct violations that do not involve sex discrimination or sexual harassment but arise out of the same facts or circumstances as a report or complaint of sex discrimination, or a report or complaint of sexual harassment, for the purpose of interfering with any right or privilege secured by Title IX, constitutes retaliation. The exercise of rights protected under the First Amendment does not constitute retaliation. Charging an individual with a code of conduct violation for making a materially false statement in bad faith in the course of a grievance proceeding under this policy and procedure does not constitute retaliation, provided that a determination regarding 29


responsibility, alone, is not sufficient to conclude that any party has made a materially false statement in bad faith. PROCEDURES FOR RESPONDING TO REPORTS OF SEXUAL HARASSMENT, SEXUAL ASSAULT, AND OTHER FORMS OF SEXUAL VIOLENCE , DATING VIOLENCE , DOMESTIC VIOLENCE , STALKING TITLE IX COORDINATOR/DEPUTY TITLE IX COORDINATOR /TEAM The Vice President for Student Affairs serves as the Title IX Coordinator and oversees implementation of the College’s policy on equal opportunity, harassment, and nondiscrimination. As Title IX Coordinator, the Vice President for Student Affairs, has the primary responsibility for coordinating the College’s efforts related to the intake, investigation, resolution, and implementation of supportive measures to stop, remediate, and prevent discrimination, harassment, and retaliation prohibited under this policy. The Title IX Coordinator, manages the Title IX Team and acts with independence and authority free from bias and conflicts of interest. The Title IX Coordinator oversees all resolutions under this policy and these procedures. Complaints or notice of alleged policy violations, or inquiries about or concerns regarding this policy and procedures, may be made internally to the Title IX Coordinator using the following contact information: Dr. Tracy B. McFarland, Vice President for Student Affairs, Mount Aloysius College, 7373 Admiral Peary Highway, Cresson, Pennsylvania 16630. Dr. McFarland can also be reached by phone at 814-886-6472 or email at tmcfarland@mtaloy.edu. Complaints or notice of alleged policy violations, or inquiries about or concerns regarding this policy and procedures, may also be made internally to the Title IX Deputy Coordinator using the following contact information: Tonia Gordon, Chief Human Resources Officer at 7373 Admiral Peary Highway, Cresson, Pennsylvania 16630. Ms. Gordon can be reached by phone at 814-886-6390 or email at tgordon@mtaloy.edu. The Title IX Team is comprised of faculty and staff who are vetted and trained to ensure they are not biased for or against any party in a specific case, or for or against Complainants and/or Respondents, generally. To raise any concern involving the Title IX Coordinator such as bias, conflict of interest, misconduct or discrimination, contact John McKeegan, President, Mount Aloysius College at 7373 Admiral Peary Highway, Cresson, PA 16630, (814) 886-6411 or by email at jmckeegan@mtaloy.edu. Concerns of bias, potential conflict of interest, misconduct or discrimination by any other Title IX Team member should be raised with the Title IX Coordinator.

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The College has also classified all employees, except those designated as Confidential Resources as defined in this policy as Mandated Reporters of any knowledge they have that a member of the community is experiencing harassment, discrimination, and/or retaliation. The section below on Mandated Reporting details which employees have this responsibility and their duties, accordingly. KEY DEFINITIONS 

Advisor means a person chosen by a party or appointed by the institution to accompany the party to meetings related to the resolution process, to advise the party on that process, and to conduct cross-examination for the party at the hearing, if any.

Complainant means an individual who is alleged to be the victim of conduct that could constitute harassment or discrimination based on a protected class; or retaliation for engaging in a protected activity.

Complaint (formal) means a document filed/signed by a Complainant or signed by the Title IX Coordinator alleging harassment or discrimination based on a protected class or retaliation for engaging in a protected activity against a Respondent and requesting that the College investigate the allegation.

Confidential Resource means an employee who is not a Mandated Reporter of notice of harassment, discrimination, and/or retaliation (irrespective of Clery Act Campus Security Authority status).

Day means a business day when the College is in normal operation.

Education program or activity means locations, events, or circumstances where MAC exercises substantial control over both the Respondent and the context in which the sexual harassment or discrimination occurs and also includes any building owned or controlled by a student organization that is officially recognized by Mount Aloysius College.

Final Determination: A conclusion based on a preponderance of evidence that the alleged conduct occurred and whether it did or did not violate policy.

Finding: A conclusion based on a preponderance of evidence that the conduct did or did not occur as alleged.

Formal Grievance Process means the method of formal resolution designated by the College to address conduct that falls within the policies included below, and which complies with the requirements of 34 CFR Part 106.45.

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Grievance Process Pool includes any investigators, hearing officers, appeal officers, and Advisors who may perform any or all of these roles (though not at the same time or with respect to the same case).

Hearing Decision-maker or Hearing Panel refers to those who have decision-making and sanctioning authority within the College’s Formal Grievance process.

Investigator means the person or persons charged by MAC with gathering facts about an alleged violation of this Policy, assessing relevance and credibility, synthesizing the evidence, and compiling this information into an investigation report and file of directly related evidence.

Mandated Reporter means an employee of the College who is obligated by policy to share knowledge, notice, and/or reports of harassment, discrimination, and/or retaliation with the Title IX Coordinator or Deputy Coordinator, excluding Confidential Resources.

Notice means that an employee, student, or third-party informs the Title IX Coordinator or other Official with Authority of the alleged occurrence of harassing, discriminatory, and/or retaliatory conduct.

Official with Authority (OWA) means an employee of the College explicitly vested with the responsibility to implement corrective measures for harassment, discrimination, and/or retaliation on behalf of the College.

Parties include the Complainant(s) and Respondent(s), collectively.

Preponderance of Evidence is the standard of proof satisfied when the party with the burden convinces the fact finder that there is greater than 50% chance that the claim is true.

Process means the Formal Grievance Process detailed below and defined above.

Recipient means a postsecondary education program that is a recipient of federal funding.

Remedies are post-finding actions directed to the Complainant and/or the community as mechanisms to address safety, prevent recurrence, and restore access to the College’s educational program.

Respondent means an individual who has been reported to be the perpetrator of conduct that could constitute harassment or discrimination based on a protected class; or retaliation for engaging in a protected activity.

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Resolution means the result of an informal or Formal Grievance Process.

Sanction means a consequence imposed by the College on a Respondent who is found to have violated this policy.

Sexual Harassment is the umbrella category including the offenses of sexual harassment, sexual assault, stalking, and dating violence and domestic violence.

Standard of Proof: The standard of proof applied is preponderance of evidence.

Title IX Coordinator the College official designated to ensure compliance with Title IX and the College’s Title IX program. References to the Coordinator throughout this policy may also encompass a designee of the Coordinator for specific tasks.

Title IX Team refers to the Title IX Coordinator, the Chief Human Resources Officer as Deputy Coordinator and any member of the Grievance Process Pool.

NOTICE/COMPLAINTS OF DISCRIMINATION /HARASSMENT/RETALIATION Procedures For Filing Internal Complaint Notice or complaints of discrimination, harassment, and/or retaliation may be made using any of the following options: 1) The preferred method for reporting is to file a complaint with, or give verbal notice to, the Title IX Coordinator, Deputy Coordinator or Other Authorized Individual. Such a report may be made at any time (including during non-business hours) by using the telephone number or email address, or by mail to the office address, listed for the Title IX Coordinator or any other official listed. 2) Complaints can also be filed via the Title IX page on the College website. Anonymous reports are accepted through EthicsPoint but can give rise to a need to investigate. Mount Aloysius College tries to provide supportive measures to all Complainants, which is impossible with an anonymous report. Because reporting carries no obligation to initiate a formal response, and as the College respects Complainant requests to dismiss complaints unless there is a compelling threat to health and/or safety, the Complainant is largely in control and should not fear a loss of privacy by making a report that allows the College to discuss and/or provide supportive measures. A Formal Complaint means a document filed/signed by the Complainant or signed by the Title IX Coordinator or Deputy Coordinator alleging a policy violation by a Respondent and requesting that the College investigate the allegation(s). A complaint may be filed with the Title IX Coordinator or Deputy Coordinator in person, by mail, or by electronic mail, by using 33


the contact information in the section immediately above, or as described in this section. As used in this paragraph, the phrase “document filed by a Complainant” means a document or electronic submission (such as by electronic mail or through an online portal provided for this purpose by the College) that contains the Complainant’s physical or digital signature, or otherwise indicates that the Complainant is the person filing the complaint. If notice is submitted in a form that does not meet this standard, the Title IX Coordinator or Deputy Coordinator will contact the Complainant to ensure that it is filed correctly. SUPPORTIVE MEASURES Mount Aloysius College will offer and implement appropriate and reasonable supportive measures to the parties upon notice of alleged harassment, discrimination, and/or retaliation. Supportive measures are non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the parties to restore or preserve access to the College’s education program or activity, including measures designed to protect the safety of all parties or the College’s educational environment, and/or deter harassment, discrimination, and/or retaliation. The Title IX Coordinator promptly makes supportive measures available to the parties upon receiving notice of a complaint or a complaint. At the time that supportive measures are offered, the College will inform the Complainant, in writing, that they may file a formal complaint with the College either at that time or in the future, if they have not done so already. The Title IX Coordinator works with the Complainant to ensure that their wishes are taken into account with respect to the supportive measures that are planned and implemented. Mount Aloysius College will maintain privacy of the supportive measures, provided that it does not impair the College’s ability to provide the supportive measures. The College will act to ensure as minimal an academic impact on the parties as possible. The College will implement measures in a way that does not unreasonably burden the other party. These actions may include, but are not limited to:          34

Referral to counseling, medical, and/or other healthcare services Visa and immigration assistance Student financial aid counseling Education to the community or community subgroup(s) Altering campus housing assignment(s) Altering work arrangements for employees or student-employees Safety planning Providing campus safety escorts or transportation accommodations Implementing contact limitations (no contact orders) between the parties


      

Academic support, extensions of deadlines, or other course/program-related adjustments Restriction/Mutual restrictions on contact between the parties Timely warnings Class schedule modifications, withdrawals, or leaves of absence Increased security and monitoring of certain areas of the campus Any other actions deemed appropriate by the Title IX Coordinator

EMERGENCY REMOVAL DUE TO IMMEDIATE THREAT TO PHYSICAL HEALTH OR SAFETY OF STUDENT/OTHER INDIVIDUAL Mount Aloysius College can act to remove a Respondent entirely or partially from its education program or activities on an emergency basis when an individualized safety and risk analysis has determined that an immediate threat to the physical health or safety of any student or other individual justifies removal. This risk analysis is performed by the Title IX Coordinator in conjunction with a behavioral assessment professional such as a licensed professional counselor using standard objective violence risk assessment procedures. In all cases in which an emergency removal is imposed, the student, employee, or two representatives from a student organization will be given notice of the action and the option to request to meet with the Title IX Coordinator prior to such action/removal being imposed, or as soon thereafter as reasonably possible, to show cause why the action/removal should not be implemented or should be modified. This meeting is not a hearing on the merits of the allegation(s), but rather is an administrative process intended to determine solely whether the emergency removal is appropriate. When this meeting is not requested, objections to the emergency removal will be deemed waived. A Complainant and their Advisor may be permitted to participate in this meeting if the Title IX Coordinator determines it is equitable to do so. This section also applies to any restrictions that a coach or athletic administrator may place on a studentathlete arising from allegations related to Title IX. There is no appeal process for emergency removal decisions. A Respondent may be accompanied by an Advisor of their choice when meeting with the Title IX Coordinator for the show cause meeting. The Respondent will be given access to a written summary of the basis for the emergency removal prior to the meeting to allow for adequate preparation. The Title IX Coordinator has sole discretion under this policy to implement or stay an emergency removal and to determine the conditions and duration. Violation of an emergency removal under this policy will be grounds for discipline, which may include expulsion or termination. The College will implement the least restrictive emergency actions possible in light of the 35


circumstances and safety concerns. As determined by the Title IX Coordinator, these actions could include, but are not limited to: removing a student from a residence hall, temporarily re-assigning an employee, restricting a student’s or employee’s access to or use of facilities or equipment, allowing a student to withdraw or take grades of incomplete without financial penalty, authorizing an administrative leave, and suspending a student’s participation in extracurricular activities, student employment, student organizational leadership, or intercollegiate/intramural athletics. At the discretion of the Title IX Coordinator, alternative coursework options may be pursued to ensure as minimal an academic impact as possible on the parties. TIMELINE FOR RESPONSE All allegations are acted upon promptly by the College once notice is received or a formal complaint is filed. Complaints can take 60-90 business days to resolve, typically. There are always exceptions and extenuating circumstances that can cause a resolution to take longer, but the College will avoid all undue delays within its control. The parties will be notified if the general timeframes outlined in the policy will be delayed, the cause of the delay and the estimated length of the delay. CONFIDENTIALITY AND PRIVACY Every effort is made by the College to preserve the privacy of reports. Confidentiality exists in the context of laws that protect certain relationships, including those who provide services related to medical and clinical care, mental health providers, counselors, and ordained clergy. Privacy means that information related to a complaint will be shared with a limited number of the College’s employees who “need to know” in order to assist in the assessment, investigation, and resolution of the report. Mount Aloysius College will not share the identity of any individual who has made a report or complaint of harassment, discrimination, or retaliation; any Complainant, any individual who has been reported to be the perpetrator of sex discrimination, any Respondent, or any witness, except as permitted by the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. 1232g; FERPA regulations, 34 CFR part 99; or as required by law; or to carry out the purposes of 34 CFR Part 106, including the conducting of any investigation, hearing, or grievance proceeding arising under these policies and procedures. Mount Aloysius College reserves the right to designate which College officials have a legitimate educational interest in being informed about incidents that fall within this policy, pursuant to the Family Educational Rights and Privacy Act (FERPA). Only a small group of officials who need to know will typically be told about the complaint. Information will be shared as necessary with Investigators, Hearing Panel members/Decision-makers, witnesses, and the parties. The circle of people with this knowledge will be kept as tight as possible to preserve the parties’ rights and privacy. 36


The College may contact parents/guardians to inform them of situations in which there is a significant and articulable health and/or safety risk, but will usually consult with the student first before doing so. JURISDICTION OF MOUNT ALOYSIUS COLLEGE This policy applies to the education program and activities of Mount Aloysius College, to conduct that takes place on the campus or on property owned or controlled by the College, at College sponsored events, or in buildings owned or controlled by the College’s recognized student organizations. The Respondent must be a member of the Mount Aloysius College community in order for its policies to apply. This policy can also be applicable to the effects of off-campus misconduct that effectively deprive someone of access to the College’s educational program. The College may also extend jurisdiction to off-campus and/or to online conduct when the Title IX Coordinator determines that the conduct affects a substantial College interest. Regardless of where the conduct occurred, the College will address notice/complaints to determine whether the conduct occurred in the context of its employment or educational program or activity and/or has continuing effects on campus or in an off-campus sponsored program or activity. A substantial College interest includes: a. Any action that constitutes a criminal offense as defined by law. This includes, but is not limited to, single or repeat violations of any local, state, or federal law; b. Any situation in which it is determined that the Respondent poses an immediate threat to the physical health or safety of any student or other individual; c. Any situation that significantly impinges upon the rights, property, or achievements of oneself or others or significantly breaches the peace and/or causes social disorder; and/or d. Any situation that is detrimental to the educational interests or mission of Mount Aloysius College. If the Respondent is unknown or is not a member of the College community, the Title IX Coordinator will assist the Complainant in identifying appropriate campus and local resources and support options and/or, when criminal conduct is alleged, in contacting local or campus law enforcement if the individual would like to file a police report. Further, even when the Respondent is not a member of the College’s community, supportive measures, remedies, and resources may be accessible to the Complainant by contacting the Title IX Coordinator.

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In addition, the College may take other actions as appropriate to protect the Complainant against third parties, such as barring individuals from Mount Aloysius College property and/or events. All vendors serving the College through third-party contracts are subject to the policies and procedures of their employers. When the Respondent is enrolled in or employed by another institution, the Title IX Coordinator can assist the Complainant in liaising with the appropriate individual at that institution, as it may be possible to allege violations through that institution’s policies. Similarly, the Title IX Coordinator may be able to advocate for a student or employee Complainant who experiences discrimination in an externship, study abroad program, or other environment external to the College where sexual harassment or nondiscrimination policies and procedures of the facilitating or host organization may give recourse to the Complainant. TIME LIMITS ON REPORTING There is no time limitation on providing notice to or filing a complaint with the Title IX Coordinator. However, if the Respondent is no longer subject to the College’s jurisdiction and/or significant time has passed, the ability to investigate, respond, and provide remedies may be more limited or impossible. Acting on notice/complaints significantly impacted by the passage of time (including, but not limited to, the rescission or revision of policy) is at the discretion of the Title IX Coordinator, who may document allegations for future reference, offer supportive measures and/or remedies, and/or engage in informal or formal action, as appropriate. When notice/complaint is affected by significant time delay, the College will typically apply the policy in place at the time of the alleged misconduct and the procedures in place at the time of notice/complaint. MANDATED REPORTING All employees (faculty, staff, administrators) are expected to report actual or suspected discrimination or harassment to appropriate officials immediately, though there are some limited exceptions. In order to make informed choices, it is important to be aware of confidentiality and mandatory reporting requirements when consulting campus resources. On campus, some resources may maintain confidentiality and are not required to report actual or suspected discrimination or harassment. They may offer options and resources without any obligation to inform an outside agency or campus official unless a Complainant has requested the information be shared. 38


If a Complainant expects formal action in response to their allegations, reporting to any Mandated Reporter can connect them with resources to report crimes and/or policy violations, and these employees will immediately pass reports to the Title IX Coordinator (and/or police, if desired by the Complainant), who will take action when an incident is reported to them. The following sections describe the reporting options at Mount Aloysius College for a Complainant or third-party (including parents/guardians when appropriate): a. Confidential Resources If a Complainant would like the details of an incident to be kept confidential, the Complainant may speak with campus departments/employees including professional counselors and staff, health services providers and staff, and members of the clergy. In addition, a Complainant is also permitted to seek community services independent of the College. When acting under the scope of their licensure, professional ethics, and/or professional credentials, except in extreme cases of immediacy of threat or danger or abuse of a minor/elder/individual with a disability, or when required to disclose by law or court order, a Complainant’s communications are confidential. Campus counselors are available to help free of charge and may be consulted on an emergency basis during normal business hours. College employees who are confidential will timely submit anonymous statistical information for Clery Act purposes unless they believe it would be harmful to their client, or patient. b. Anonymous Notice to Mandated Reporters At the request of a Complainant, notice may be given by a Mandated Reporter to the Title IX Coordinator anonymously, without identification of the Complainant. The Mandated Reporter cannot remain anonymous themselves. Anonymous notice will be investigated by the College to the extent possible, both to assess the underlying allegation(s) and to determine if supportive measures or remedies can be provided. However, anonymous notice typically limits the College’s ability to investigate, respond, and provide remedies, depending on what information is shared. When a Complainant has made a request for anonymity, the Complainant’s personally identifiable information may be withheld by a Mandated Reporter, but all other details must be shared with the Title IX Coordinator or Deputy Coordinator. Mandated reporters may not be able to maintain requests for anonymity for Complainants who are minors, elderly, and/or disabled, depending on state reporting of abuse requirements. 39


c. Mandated Reporters and Formal Notice/Complaints All employees of Mount Aloysius College (including student employees), with the exception of those who are designated as Confidential Resources, are Mandated Reporters and must promptly share with the Title IX Coordinator all known details of a report made to them in the course of their employment. Employees must also promptly share all details of behaviors under this policy that they observe or have knowledge of, even if not reported to them by a Complainant or third-party. Complainants may want to carefully consider whether they share personally identifiable details with non-confidential Mandated Reporters, as those details must be shared with the Title IX Coordinator. Generally, disclosures in climate surveys, classroom writing assignments or discussions, human subjects research, or at events such as “Take Back the Night� marches or speak-outs do not provide notice that must be reported to the Coordinator by employees, unless the Complainant clearly indicates that they desire a report to be made or a seek a specific response from the College. Supportive measures may be offered as the result of such disclosures without formal College action. Failure of a Mandated Reporter, as described above in this section, to report an incident of harassment or discrimination of which they become aware is a violation of Mount Aloysius College policy and can be subject to disciplinary action for failure to comply. Though this may seem obvious, when a Mandated Reporter is engaged in harassment or other violations of this policy, they still have a duty to report their own misconduct, though the College is technically not on notice when a harasser is also a Mandated Reporter unless the harasser does in fact report it themselves. Finally, it is important to clarify that a Mandated Reporter who is themselves a target of harassment or other misconduct under this policy is not required to report their own experience, though they are, of course, encouraged to do so. WHEN A COMPLAINANT DOES NOT WISH TO PROCEED If a Complainant does not wish for their name to be shared, does not wish for an investigation to take place, or does not want a formal complaint to be pursued, they may make such a request to the Title IX Coordinator, who will evaluate that request in light of the duty to ensure the safety of the campus and to comply with state or federal law. The Title IX Coordinator has ultimate discretion over whether the College proceeds when the Complainant does not wish to do so, and the Title IX Coordinator may sign a formal 40


complaint to initiate a grievance process upon completion of an appropriate violence risk assessment. The Title IX Coordinator’s decision should be based on results of the violence risk assessment that show a compelling risk to health and/or safety that requires the College to pursue formal action to protect the community. A compelling risk to health and/or safety may result from evidence of patterns of misconduct, predatory conduct, threats, abuse of minors, use of weapons, and/or violence. Colleges may be compelled to act on alleged employee misconduct irrespective of a Complainant’s wishes. The Title IX Coordinator must also consider the effect that non-participation by the Complainant may have on the availability of evidence and the College’s ability to pursue a Formal Grievance Process fairly and effectively. When the Title IX Coordinator executes the written complaint, they do not become the Complainant. The Complainant is the individual who is alleged to be the victim of conduct that could constitute a violation of this policy. When the College proceeds, the Complainant (or their Advisor) may have as much or as little involvement in the process as they wish. The Complainant retains all rights of a Complainant under this Policy irrespective of their level of participation. Typically, when the Complainant chooses not to participate, the Advisor may be appointed as proxy for the Complainant throughout the process, acting to ensure and protect the rights of the Complainant. The College’s ability to remedy and respond to notice may be limited if the Complainant does not want the College to proceed with an investigation and/or grievance process. In cases in which the Complainant requests confidentiality/no formal action and the circumstances allow the College to honor that request, the College will offer informal resolution options (see below), supportive measures, and remedies to the Complainant and the community, but will not otherwise pursue formal action. If the Complainant elects to take no action, they can change that decision if they decide to pursue a formal complaint at a later date. Upon making a formal complaint, a Complainant has the right, and can expect, to have allegations taken seriously by Mount Aloysius College, and to have the incidents investigated and properly resolved through these procedures. FEDERAL TIMELY W ARNING OBLIGATIONS Parties reporting sexual assault, domestic violence, dating violence, and/or stalking should be aware that under the Clery Act, the College must issue timely warnings for incidents reported to them that pose a serious or continuing threat of bodily harm or danger to members of the campus community. 41


Mount Aloysius College will ensure that a Complainant’s name and other identifying information is not disclosed, while still providing enough information for community members to make safety decisions in light of the potential danger. FALSE ALLEGATIONS AND EVIDENCE Deliberately false and/or malicious accusations under this policy, as opposed to allegations which, even if erroneous, are made in good faith, are a serious offense and will be subject to appropriate disciplinary action. Additionally, witnesses and parties knowingly providing false evidence, tampering with or destroying evidence after being directed to preserve such evidence, or deliberately misleading an official conducting an investigation can be subject to discipline under Mount Aloysius College’s policy. AMNESTY FOR COMPLAINANTS AND WITNESSES The College community encourages the reporting of misconduct and crimes by Complainants and witnesses. Sometimes, Complainants or witnesses are hesitant to report to College officials or participate in grievance processes because they fear that they themselves may be in violation of certain policies, such as underage drinking or use of illicit drugs at the time of the incident. Respondents may hesitate to be forthcoming during the process for the same reasons. It is in the best interests of the College community that Complainants choose to report misconduct to College officials, that witnesses come forward to share what they know, and that all parties be forthcoming during the process. To encourage reporting and participation in the process, Mount Aloysius College maintains a policy of offering parties and witnesses amnesty from minor policy violations – such as underage consumption of alcohol or the use of illicit drugs – related to the incident. Amnesty does not apply to more serious allegations such as physical abuse of another or illicit drug distribution. The decision not to offer amnesty to a Respondent is based on neither sex nor gender, but on the fact that collateral misconduct is typically addressed for all students within a progressive discipline system, and the rationale for amnesty – the incentive to report serious misconduct – is rarely applicable to Respondent with respect to a Complainant. Students: Sometimes, students are hesitant to assist others for fear that they may get in trouble themselves (for example, an underage student who has been drinking or using marijuana might hesitate to help take an individual who has experienced sexual misconduct to the Campus Police). The College maintains a policy of amnesty for students who offer help to others in need. 42


INTERIM RESOLUTION PROCESS FOR ALLEGED VIOLATIONS OF THE POLICY O N EQUAL OPPORTUNITY, HARASSMENT, AND NONDISCRIMINATION Mount Aloysius College will act on any formal or informal allegation or notice of violation of the policy on Equal Opportunity, Harassment and Nondiscrimination that is received by the Title IX Coordinator or a member of the administration, faculty, or other employee, with the exception of confidential resources, as articulated in the Policy above. The procedures described below apply to all allegations of harassment or discrimination on the basis of protected class status involving students, staff, faculty members, or third parties. These procedures may also be used to address collateral misconduct arising from the investigation of or occurring in conjunction with harassing or discriminatory conduct (e.g., vandalism, physical abuse of another). All other allegations of misconduct unrelated to incidents covered by this policy will be addressed through the procedures elaborated in the respective student, faculty and staff handbooks. RESOLUTION OPTIONS All persons present at any time during the resolution process are expected to maintain the privacy of the proceedings in accord with Mount Aloysius College Policy. While there is an expectation of privacy around what is discussed during interviews, the parties have discretion to share their own experiences with others if they so choose, but are encouraged to discuss with their Advisors first before doing so. Reasonable accommodations and support may be provided to qualified students, employees, or others with disabilities to ensure equal access to the resolution process at Mount Aloysius College. Anyone needing such accommodations or support should contact the Director of Counseling and Disability Services, who will review the request and, in consultation with the person requesting the accommodation, and the Vice President of Student Affairs, determine which accommodations are appropriate and necessary for full participation in the process. a. Informal Resolution The informal resolution process is a voluntary, remedies-based process designed to provide members of the MAC community with an option to resolve certain disputes with other members of the MAC community in a forum that is separate and distinct from the formal grievance process. The purpose is to eliminate the conduct was has been reported. A formal complaint must be filed in order for the informal resolution process to be utilized by the parties. The informal resolution process is available in matters involving a student complainant and student respondent as well as in matters involving a faculty/staff complainant and faculty staff/respondent. The informal process is not available for matters involving a student and employee. The College will provide notice of the allegations set forth in the formal complaint prior to the beginning of the informal resolution process. The Title IX Coordinator will refer the 43


matter to a trained information resolution facilitator who may consult with each party separately, share information as appropriate, make suggestions about the terms of an informal resolution and take other reasonable steps to assist the parties in determining whether an informal resolution may be reached. The facilitator shall not take action inconsistent with the policy. In the event the parties reach an informal resolution to the formal complaint, the facilitator shall memorialize the agreement into writing for the parties to sign and present to the Title IX Coordinator for review and approval. A party may withdraw from the informal resolution process at any time prior to the Title IX Coordinator approving the written resolution. It is not necessary to pursue Informal Resolution first in order to pursue Administrative Resolution, and any party participating in Informal Resolution can stop the process at any time and request the Administrative Resolution process. Further, if an Informal Resolution fails after the fact, Administrative Resolution may be pursued. i. Alternate Resolution Alternate Resolution is an informal process, such as mediation or restorative practices, by which a mutually agreed upon resolution of an allegation is reached. It may be used for less serious, yet inappropriate, behaviors and is encouraged as an alternative to the Administrative Resolution process (described below) to resolve conflicts. The parties must consent to the use of Alternate Resolution. The Title IX Coordinator determines if Alternate Resolution is appropriate, based on the willingness of the parties, the nature of the conduct at issue, and the susceptibility of the conduct to Alternate Resolution. In an Alternate Resolution meeting, a trained administrator facilitates a dialogue with the parties to an effective resolution, if possible. Institutionally-imposed sanctions are not possible as the result of an Alternate Resolution process, though the parties may agree to accepted sanctions and/or appropriate remedies. The Title IX Coordinator maintains records of any resolution that is reached, and failure to abide by the resolution can result in appropriate enforcement actions. Alternate Resolution is not typically the primary resolution mechanism used to address reports of violent behavior of any kind or in other cases of serious violations of policy, though it may be made available after the Administrative Resolution process is completed should the parties and the Title IX Coordinator believe it could be beneficial. The results of Alternate Resolution are not appealable. ii. Respondent Accepts Responsibility for Alleged Violations The Respondent may accept responsibility for all or part of the alleged policy violations at 44


any point during the resolution process. If the Respondent accepts responsibility, the Title IX Coordinator makes a determination that the individual is in violation of the College’s Policy. The Title IX Coordinator then determines appropriate sanction(s) or responsive actions, which are promptly implemented in order to effectively stop the harassment, discrimination, and/or retaliation; prevent its recurrence; and remedy the effects of the conduct, both on the Complainant and the community. If the Respondent accepts responsibility for all of the alleged policy violations and the Title IX Coordinator or designee has determined appropriate sanction(s) or responsive actions, which are promptly implemented, the process is over. The Complainant will be informed of this outcome. If the Respondent accepts responsibility for some of the alleged policy violations and the Title IX Coordinator has determined appropriate sanction(s) or responsive actions, which are promptly implemented, for those violations, then the remaining allegations will continue to be investigated and resolved. The Complainant will be informed of this outcome. The parties are still able to seek Alternate Resolution on the remaining allegations, subject to the stipulations above. iii. Negotiated Resolution The Title IX Coordinator, with the consent of the parties, may negotiate and implement any agreement to resolve the allegations that satisfies all parties and the College. b. Administrative Resolution Administrative Resolution can be pursued for any behavior for which the Respondent has not accepted responsibility that constitutes conduct covered by the policy at any time during the process. Administrative Resolution starts with a thorough, reliable, and impartial investigation. If Administrative Resolution is initiated, the Title IX Coordinator will provide written notification of the investigation to the parties at an appropriate time during the investigation. Typically, notice is given 48 hours in advance of an interview. Advanced notice facilitates the parties’ ability to identify and choose an Advisor, if any, to accompany them to the interview. Notification will include a meaningful summary of the allegations in writing, and may be delivered by one or more of the following methods: in person, mailed to the local or permanent address of the parties as indicated in official College records, or emailed to the parties’ College-issued or designated email account. Once mailed, emailed, and/or received in-person, notice will be presumptively delivered. 45


The notification should include the policies allegedly violated, if known at the time. Alternatively, the policies allegedly violated can be provided at a later date, in writing, as the investigation progresses, and details become clearer. Mount Aloysius College aims to complete all investigations within a sixty (60) business day time period, which can be extended as necessary for appropriate cause by the Title IX Coordinator, with notice to the parties as appropriate. Once the decision is made to commence an investigation, the Title IX Coordinator appoints investigators to conduct the investigation. Preferably, a team of two investigators will be appointed, usually within two (2) days of determining that an investigation should proceed. The Title IX Coordinator will vet the assigned Investigator(s) to ensure impartiality by ensuring there are no conflicts of interest or disqualifying bias. The parties may, at any time during the resolution process, raise a concern regarding bias or conflict of interest, and the Title IX Coordinator will determine whether the concern is reasonable and supportable. If so, another Investigator will be assigned and the impact of the bias or conflict, if any, will be remedied. If the bias or conflict relates to the Title IX Coordinator, concerns should be raised with the President of the College. Investigations are completed expeditiously, normally within 20 business days, though some investigations take weeks or even months, depending on the nature, extent, and complexity of the allegations, availability of witnesses, police involvement, etc. The College will make a good faith effort to complete investigations as promptly as circumstances permit and will communicate regularly with the parties to update them on the progress and timing of the investigation. The College may undertake a short delay in its investigation (several days to weeks, to allow evidence collection) when criminal charges based on the same behaviors that invoke the College’s resolution process are being investigated by law enforcement. The investigation and resolution process will promptly resume once notified by law enforcement that the initial evidence collection process is complete. All parties have a full and fair opportunity, through the investigation process, to suggest witnesses and questions, to provide evidence, and to fully review and respond to all evidence, on the record. COMPLAINT PROCESSING FOR ADMINISTRATIVE RESOLUTION 1.

Notice of Complaint/Initial Assessment

Upon receipt of a complaint or notice to the Title IX Coordinator of an alleged violation of the policy, an initial assessment will occur to determine the next steps. Following intake, receipt 46


of notice, or a complaint of an alleged violation of the College’s nondiscrimination Policy, the Title IX Coordinator engages in an initial assessment, which is typically one to five business days in duration. The initial assessment may include the Title IX Coordinator reaching out to the Complainant to offer supportive measures, working with the Complainant to ensure they have an Advisor, working with the Complainant to determine whether the Complainant prefers a supportive response or an Administrative Resolution. If a supportive and remedial response is preferred, the Title IX Coordinator will work with the Complainant to identify their wishes and then seeks to facilitate implementation. The Administrative Resolution process is not initiated, though the Complainant can elect to initiate it later, if desired. If an Informal Resolution option is preferred, the Title IX Coordinator will assess whether the complaint is suitable for informal resolution, and may seek to determine if the Respondent is also willing to engage in Informal Resolution. If Administrative Resolution is preferred, the Title IX Coordinator will initiate the investigation process and determine whether the scope of the investigation will address an incident, and/or potential pattern of misconduct, and/or a culture/climate issue. Violence Risk Assessment Threat assessment is the process of evaluating the actionability of violence by an individual against another person or group following the issuance of a direct or conditional threat. A VRA is a broader term used to assess any potential violence or danger, regardless of the presence of a vague, conditional, or direct threat. VRAs require specific training and are typically conducted by psychologists, clinical counselors, social workers, case managers, law enforcement officers, student conduct officers, or other behavioral health professionals. A VRA authorized by the Title IX Coordinator should occur in collaboration with a behavioral health professional or threat assessment team. Where a VRA is required by the Title IX Coordinator, a Respondent refusing to cooperate may result in a charge of failure to comply within the appropriate student or employee conduct process. A VRA is not an evaluation for an involuntary behavioral health hospitalization nor is it a psychological or mental health assessment. A VRA assesses the risk of actionable violence, often with a focus on targeted/predatory escalations, and is supported by research from the fields of law enforcement, criminology, human resources, and psychology. In many cases, the Title IX Coordinator may determine that a Violence Risk Assessment (VRA) should be conducted by a behavioral health professional as part of the initial assessment. A VRA can aid in ten critical and/or required determinations, including: o Interim emergency suspension of a Respondent who is a threat to health/safety; 47


o Whether the Title IX Coordinator should pursue Administrative Resolution absent a willing/able Complainant; o Whether to put the investigation on the footing of incident and/or pattern and/or climate; o To help identify potentially predatory conduct; o To help assess/identify grooming behaviors; o Whether a Complaint is amenable to Informal Resolution, and what modality may be most successful; o Whether to permit a voluntary withdrawal by the Respondent; o Whether to impose transcript notation or communicate with a transfer Recipient about a Respondent; o Assessment of appropriate sanctions/remedies; o Whether a Clery Act Timely Warning/Trespass Order/Persona-Non-Grata is needed. Based on the initial assessment, the College will initiate one of two responses, either the informal resolution process or administrative resolution process. The informal resolution process is typically used for less serious offenses and only when all parties agree to Alternate Resolution, or when the Respondent is willing to accept responsibility for violating policy. This can also include a remedies-only response. The administrative resolution includes the investigation of policy violation(s) and recommended finding, subject to a determination by the Title IX Coordinator or decision-maker and the opportunity to appeal to an Appeal Panel/Appeal Decision-Maker. The investigation and the subsequent Administrative Resolution determine whether this policy has been violated. If this policy has been violated, the College will promptly implement effective remedies designed to end the discrimination, prevent recurrence, and address the effects. The process followed considers the preference of the parties but is ultimately determined at the discretion of the Title IX Coordinator. At any point during the initial assessment or formal investigation, if the Title IX Coordinator determines that reasonable cause does not support the conclusion that policy has been violated, the process will end, and the parties will be notified. The Complainant may request that the Title IX Coordinator review the reasonable cause determination and/or re-open the investigation. This decision lies in the sole discretion of the Title IX Coordinator, but the request is usually only granted in extraordinary circumstances. a. Dismissal (Mandatory and Discretionary) Mount Aloysius College must dismiss a formal Title IX complaint or any allegations therein if, at any time during the investigation or hearing, it is determined that the 48


conduct alleged in the formal complaint would not constitute sexual harassment as defined in, even if proved, or the conduct did not occur in an educational program or activity controlled by the College (including buildings or property controlled by recognized student organizations), and/or the College does not have control of the Respondent, the conduct did not occur against a person in the United States, or at the time of filing a formal complaint, a complainant is not participating in or attempting to participate in the education program or activity of the College. The College may dismiss a formal complaint or any allegations therein if, at any time during the investigation or hearing if a Complainant notifies the Title IX Coordinator in writing that the Complainant would like to withdraw the formal complaint or any allegations therein, the Respondent is no longer enrolled in or employed by the College, or specific circumstances prevent the College from gathering evidence sufficient to reach a determination as to the formal complaint or allegations therein. Upon any dismissal, the College will promptly send written notice of the dismissal and the rationale for doing so simultaneously to the parties. This dismissal decision is appealable by any party under the procedures for appeal below. A dismissal pursuant to Title IX regulations does not prohibit the College from proceeding under another policy or provision of the within policy. A Complainant who decides to withdraw a complaint may later request to reinstate it or refile it. ROLE OF ADVISOR Role of Advisors, Generally In Title IX complaints, the parties may each have an advisor of their choice present with them for all meetings and interviews within the resolution process. The parties may select whoever they wish to serve as their advisor as long as the advisor is eligible and available. Parties should be cautious in selecting an advisor who is/may be a witness in the process as it creates a potential for bias and conflict-of-interest. The advisor may be a friend, mentor, family member, attorney or any other individual a party chooses to advise, support, and/or consult with them throughout the resolution process. An advisor may be from inside/outside the College community. The Title IX Coordinator will offer to assign a trained advisor for any party if the party chooses. If the parties choose an advisor from the pool available from the College, the advisor will be trained by the College and be familiar with the College’s resolution process. A party may be accompanied by their advisor at all meetings and interviews at which the party is entitled to be present, including intake and interviews. Advisors should make a good faith effort to help their party prepare for each meeting.

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The parties are expected to inform the Investigators of the identity of their Advisor at least two (2) business days before the date of their first meeting with the Investigator(s) (or as soon as possible if a more expeditious meeting is necessary or desired). The parties are expected to provide timely notice to the Investigator(s) and/or the Title IX Coordinator if they change Advisors at any time. Upon written request of a party, the College will copy the Advisor on all communications between the College and the party. The Advisor may be asked to sign a Non-Disclosure Agreement regarding private and/or sensitive records. College Expectations of Advisors, Generally Mount Aloysius College generally expects an Advisor to adjust their schedule to allow them to attend College meetings when planned, but the College may change scheduled meetings to accommodate an Advisor’s inability to attend, if doing so does not cause an unreasonable delay. The College may also make reasonable provisions to allow an Advisor who cannot attend in person to attend a meeting by telephone, video conferencing, or other similar technologies as may be convenient and available. Parties whose Advisors are disruptive or who do not abide by College policies and procedures may face the loss of that Advisor and/or possible Policy violations. Advisors are expected to consult with their advisees without disrupting meetings or interviews. Advisors do not represent parties in the process; their role is only to advise. Role of Advisors During Hearing The advisor’s role is to provide support to the party he/she is advising. Advisors may not speak during the hearing except when permitted to present cross-examination questions. Advisors are not permitted to make arguments or answer questions. Advisors cannot direct the party on how to answer a question. Advisors do not have to be advocates.

GRIEVANCE PROCESS Grievance Process-Title IX Team Members The Formal Grievance Process relies on the Title IX Team to carry out the process. The Title IX Coordinator, in consultation with the President of the College, appoints the team, which acts with independence and impartiality. Team Members are usually appointed to threeyear terms. Individuals who are interested in serving are encouraged to contact the Title IX Coordinator. Team members are announced in an annual distribution of this policy to all students, parents/guardians of students, employees, prospective students, and prospective 50


employees. They are also listed in the Annual Title IX Report published by the Title IX Office. The Team Members can be found on the Title IX page on the College website. The Title IX Coordinator can assign members to provide appropriate intake of and initial guidance pertaining to complaints, act as an Advisor to the parties, serve in a facilitation role in informal resolution or Alternate Resolution if appropriately trained in appropriate resolution modalities (e.g., mediation, restorative practices), perform or assist with initial assessment, investigate complaints, serve as a hearing facilitator (process administrator, no decision-making role), serve as a decision-maker regarding the complaint, or serve as an Appeal Decision-maker. Team members will receive annual training. Specific training is also provided for Appeal Decision-makers, intake personnel, Advisors (who are College employees), and Chairs. All Pool members are required to attend these trainings annually. The materials used to train members can be found on the Title IX page of the College website. Formal Grievance Process: Notice of Investigation and Allegations The Title IX Coordinator will provide written Notice of the Investigation and Allegations (the “NOIA”) to the Respondent upon commencement of the Formal Grievance Process. This facilitates the Respondent’s ability to prepare for the interview and to identify and choose an Advisor to accompany them. The NOIA is also copied to the Complainant, who is to be given advance notice of when the NOIA will be delivered to the Respondent. The NOIA will include:  A meaningful summary of all of allegations,  The identity of the involved parties (if known),  The precise misconduct being alleged,  The date and location of the alleged incident(s) (if known),  The specific policies implicated,  A description of the applicable procedures,  A statement of the potential sanctions/responsive actions that could result,  A statement that the College presumes the Respondent is not responsible for the reported misconduct unless and until the evidence supports a different determination,  A statement that determinations of responsibility are made at the conclusion of the process and that the parties will be given an opportunity to inspect and review all directly related and/or relevant evidence obtained during the review and comment period,  A statement about the College’s policy on retaliation,  Information about the privacy of the process,  Information on the need for each party to have an Advisor of their choosing and suggestions for ways to identify an Advisor,  A statement informing the parties that the College’s Policy prohibits knowingly making false statements, including knowingly submitting false information during the resolution process, 51


   

Detail on how the party may request disability accommodations during the interview process, A link to the College’s VAWA Brochure, The name(s) of the Investigator(s), along with a process to identify, in advance of the interview process, to the Title IX Coordinator any conflict of interest that the Investigator(s) may have, and An instruction to preserve any evidence that is directly related to the allegations.

Amendments and updates to the NOIA may be made as the investigation progresses and more information becomes available regarding the addition or dismissal of various charges. Notice will be made in writing and may be delivered in person, mailed to the local or permanent address(es) of the parties as indicated in official College records, or emailed to the parties’ College-issued email or designated accounts. Once mailed, emailed, and/or received in-person, notice will be presumptively delivered. Counterclaims The College permits the filing of counterclaims, but uses the initial assessment, described above in the Policy section, to assess whether the allegations are made in good faith. If they are, the allegations will be processed using the resolution procedures below, typically after resolution of the underlying allegation. Counterclaims by the Respondent not made in good faith or for purposes of retaliation will be considered an abuse of process and handled appropriately in accordance with this Policy. A delay in the processing of counterclaims is permitted, accordingly. Occasionally, allegations and counterclaims can be resolved through the same investigation, at the discretion of the Title IX Coordinator. INVESTIGATION The investigators will collect information from each party and gather information to the extent it is reasonably possible. The investigation will typically include interviewing the Complainant, Respondent and any witnesses identified who may have information relevant to the Complaint. In addition, the Title IX Coordinator may identify additional individuals to interview. Interviews will be conducted in a thorough, impartial and fair manner. Each party will have equal opportunity to submit evidence. The investigators will not require, allow or rely upon or use questions or evidence that constitute or seek disclosure of information protected under a legally recognized privilege such as the physician-patient privilege unless the individual holding the privilege waives it. A party’s medical, counseling and psychiatric records are confidential. Investigators will not access, consider, disclose or otherwise use a party’s records that are made or 52


maintained by a physician, psychiatrist, psychologist, counsel or other recognized professional or paraprofessional acting in the professional’s or paraprofessional’s capacity, or assisting in that capacity, and which are made and maintained in connection with the provision of treatment to the party, unless the investigators obtain the party’s voluntary, written consent. The investigators will prepare a case file. All inculpatory and exculpatory information directly related to the allegations in the formal compliant will be included in the case file, including information the College will not rely on in reaching a determination. Information unrelated to the allegations in the formal complaint will be redacted and/or will not be admissible in the grievance process. A list of all redacted information will be maintained by the investigator(s). The investigator(s) will provide the case file, redacted of personally identifiable information in accordance with privacy regulations, to each party and their advisor in electronic form or hard copy. Any information relied on in adjudicating the matter will be provided to the parties and their advisors. An updated Notice of Allegations will be prepared if necessary. The parties will have at least ten (10) business days to review the assembled information and provide a written response. The investigator(s) will review the parties’ responses and consult with the Title IX Coordinator to determine whether additional investigation is warranted. After the investigation is complete, the investigator(s) will prepare a report summarizing the relevant, admissible information obtained during the investigation, including inculpatory and exculpatory evidence. The report will include each party’s response. At least ten (10) business days prior to the hearing, the investigative report will be shared with the parties via electronic format. The parties may submit a written response to the investigative report at least five (5) business days before the hearing. The parties’ written responses will be exchanged with the other party/advisor at least 48 hours prior to the hearing. HEARING In the event a hearing is scheduled, the hearing is “closed” and not open to the public. A Notice of Live Hearing will be sent to the parties at least five (5) business days prior to the scheduled hearing date. The Notice of Live Hearing will include the date, time and location of the hearing, whether it will be recorded via audio, video or court reporter/stenographer, the composition of the hearing board and a statement that there is a presumption of “no responsibility” on the part of the Respondent until/unless a determination is made at the end of the grievance process. At the request of either party, the College will arrange for the parties to be located in separate rooms with the use of technology enabling the parties to see and hear each other. In the event a party does not appear for the Live hearing, the hearing will be conducted in the party’s absence. An advisor may appear and conduct cross- examination in the non-appearing party’s absence.

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A panel of three (3) individuals will hear every case. One of the panel members may be an external member and shall serve as the presiding officer. Generally, a live hearing will be conducted wherein all parties will assemble together at the same time. The presiding member will make evidentiary rulings, including in relation to what evidence and witnesses are relevant. The presiding member will maintain order and will have broad authority to address disruptive behaviors including the authority to adjourn the hearing or exclude a disruptive individual from the proceeding. The hearing board has the right and responsibility to ask questions and elicit information from the parties/witnesses on the hearing board’s own initiative. Only members of the board may ask questions of any person testifying, except in connection with crossexamination questions by advisors. The parties will have equal rights to present information to the board, to ensure the board has the benefit of each party’s perspective about the evidence. This right includes calling witnesses. EXPECTATION OF HONESTY Parties and witnesses appearing are expected to respond honestly. A party or witnesses who intentionally provides false or misleading information may be subject to discipline. WRITTEN DETERMINATION The Hearing board will consider all relevant evidence and deliberate as to responsibility. The presiding member will make a determination. The hearing board will issue a written determination within fifteen (15) business days of the conclusion of the hearing which will be issued to the parties in electronic format and include: (1) a summary of the allegations, (2)description of the procedural steps taken from the formal complaint being filed to the hearing, (3) findings of fact supporting the determination, (4) conclusions regarding the application of the policy to the facts, (5) a statement and rationale for the result of each allegation including a determination regarding responsibility, (6) whether any remedies designed to restore or preserve equal access to the College’s education program, activity or work environment will be implemented, and (7) appeal information. DISCIPLINARY SANCTIONS /REMEDIES If a party has been found to have violated the policy, the presiding member will refer the matter to appropriate College officials to determine sanctions and remedies to include in the written determination. Factors considered when determining any sanction(s)/responsive action(s) may include, but are not limited to:  The nature, severity of, and circumstances surrounding the violation  An individual’s disciplinary history  Previous allegations or allegations involving similar conduct  The need for sanctions/responsive actions to bring an end to the discrimination, harassment, and/or retaliation  The need for sanctions/responsive actions to prevent the future recurrence of discrimination, harassment, and/or retaliation 54


  

The need to remedy the effects of the discrimination, harassment, and/or retaliation on the Complainant and the community The impact on the parties Any other information deemed relevant by the Title IX Coordinator

The following are possible sanctions that may be imposed upon students or student organizations singly or in combination: formal warning, probation, suspension, expulsion, withholding diploma or transcripts, revocation of degree, loss of organization privileges, and other sanctions as may be recommended. The following are possible responsive actions for an employee who has engaged in harassment, discrimination, and/or retaliation include: verbal or written warning, performance Improvement/Management Process, Required Counseling, Training or Education, probation, loss of pay increase, loss of supervisory duties, demotion, suspension with or without pay, termination, and other sanctions as deemed appropriate. LONG TERM REMEDIES /ACTIONS IN ADDITION TO SANCTIONS Following the conclusion of the resolution process, and in addition to any sanctions implemented, the Vice President of Student Affairs may implement long-term remedies or actions with respect to the parties and/or the campus community to stop the harassment, discrimination, and/or retaliation; remedy its effects; and prevent its reoccurrence. These remedies/actions may include, but are not limited to referral to counseling and health services, the Employee Assistance Program, education to the community, permanent alteration of housing assignments, permanent alteration of work arrangements for employees, provision of campus safety escorts, climate surveys, policy modification, provision of transportation accommodations, implementation of long-term contact limitations between the parties, implementation of adjustments to academic deadlines, course schedules, etc. At the discretion of the Vice President of Student Affairs, long-term remedies may also be provided to the Complainant even if no policy violation is found. When no policy violation is found, the Title IX Coordinator will address any remedial requirements owed by the College to the Respondent.

FAILURE TO COMPLETE SANCTIONS OR COMPLY WITH REMEDIES OF RESPONSIVE ACTION All Respondents are expected to comply with conduct sanctions, responsive actions, and corrective actions within the timeframe specified by the Vice President of Student Affairs. Failure to abide by the sanction(s)/action(s) imposed by the date specified, whether by refusal, neglect, or any other reason, may result in additional sanction(s)/responsive/corrective action(s), including suspension, expulsion, and/or termination from the MAC and may be noted on a student’s official transcript. 55


A suspension will only be lifted when compliance is achieved to the satisfaction of the Vice President of Student Affairs. WITHDRAWAL /RESIGNATION PENDING CHARGES Students: The College does not permit a student to withdraw if that student has an allegation pending for violation of the policy on Equal Opportunity, Harassment, and Nondiscrimination. The College may place a hold, bar access to an official transcript, and/or prohibit graduation as necessary to permit the resolution process to be completed. Employees: Should an employee resign with unresolved allegations pending, the records of the Title IX Coordinator will reflect that status, and any College responses to future inquiries regarding employment references for that individual will include the former employee’s unresolved status. APPEALS Appeals are not intended to be full re-hearings (de novo) of the allegation(s). In most cases, appeals are confined to a review of the written documentation or record of the investigation and pertinent documentation regarding the grounds for appeal. The parties have equal rights to file an appeal from a written determination in writing to the Title IX Coordinator within five (5) business days of the delivery of the written finding of the Title IX Coordinator or Decision-maker. The Title IX Coordinator will designate a three-member appeals panel within five (5) business days of receipt of the appeal. The members of the appeal’s panel shall have no prior involvement in the matter. Appeals are limited to the following grounds:   

A procedural error or omission occurred that significantly impacted the outcome of the hearing; To consider new evidence, unknown or unavailable during the investigation, that could substantially impact the original finding or sanction. A summary of this new evidence and its potential impact must be included; The sanction(s) imposed are disproportionate to the offense.

When any party requests an appeal, the Title IX Coordinator will share the appeal request with the other party(ies) or other appropriate persons such as the Investigator(s), who may file a response within five (5) business days. The other party may also bring their own appeal on separate grounds. If new grounds are raised, the original appealing party will be permitted to submit a written response to these new grounds within five (5) business days. These responses or appeal requests will be shared with each party. The Appeal Chair/Panel will review the appeal request(s) within ten (10) business days of completing the pre-appeal exchange of materials and issue a written decision which will be provided electronically to both 56


parties. If grounds are not sufficient for an appeal, or the appeal is not timely, the appeal Chair/Panel dismisses the appeal. If the appeal panel finds that there was a procedural irregularity that affected the outcome or new evidence is available which was not reasonably available at the time of the determination regarding responsibility or dismissal which could alter the outcome of the matter, the matter will be remanded to the Presiding hearing panel member to determine appropriate further action. If the appeal panel concludes that a panel member or investigator had a conflict of interest or bias relating to one of the parties that affected the outcome of the proceeding, the appeal panel will take appropriate measures to address and remediate the impact of bias or conflict. Appeals panel decisions are final. In cases in which the appeal results in Respondent’s reinstatement to MAC or resumption of privileges, all reasonable attempts will be made to restore the Respondent to their prior status, recognizing that some opportunities lost may be irreparable in the short term. RECORD KEEPING REQUIREMENTS In implementing this policy, records of all allegations, investigations, resolutions, and hearings will be kept for at least seven (7) years, by the Vice President of Student Affairs. FEDERAL STATISTICAL REPORTING OBLIGATIONS Pursuant to the Clery Act, Campus Police has a duty to report all “primary crimes,” which include homicide, sexual assault, robbery, aggravated assault, burglary, motor vehicle theft, and arson, hate crimes, which include any bias motivated primary crime as well as any bias motivated larceny or theft, simple assault, intimidation, or destruction/damage/vandalism of property, VAWA based crimes, which include sexual assault, domestic violence, dating violence, and stalking; and arrests and referrals for disciplinary action for weapons-related law violations, liquor-related law violations, and drug abuse-related law violation. All personally identifiable information is kept private, but statistical information must be passed along to [campus law enforcement] regarding the type of incident and its general location (on or off-campus or in the surrounding area, but no addresses are given) for publication in the Annual Security Report and daily campus crime log. TRAINING Mount Aloysius College will provide appropriate training to College individuals with responsibilities under this policy including the Title IX Coordinator, Deputy Coordinator, Title IX Team Members, Hearing Panel Members, Appeal Panel Members and Facilitators. MODIFICATIONS TO THE POLICY These policies and procedures will be reviewed at regular intervals by the Vice President of Student Affairs to determine whether modifications should be made. Modifications will be 57


posted online. In addition, there may be situations that arise that may warrant minor modifications to the procedures based on the circumstances that exist. The Vice President of Student Affairs may make minor modifications to these procedures that do not materially jeopardize the fairness owed to any party. Procedures in effect at the time of the resolution will apply to resolution of incidents, regardless of when the incident occurred. Policy in effect at the time of the offense will apply even if the policy is changed subsequently but prior to resolution, unless the parties’ consent to be bound by the current policy. If government regulations change in a way that impacts this document, this document will be construed to comply with the most recent government regulations. RESOURCES Contacting Law Enforcement Certain forms of misconduct covered by the Mount Aloysius College Comprehensive Title lX Policy would also be a violation of criminal law. An individual has the option of filing a criminal complaint, and may do so with the Campus Police Department, which is located in the Cosgrave Student Center Room 102/104 and can be reached via phone at (814) 886-6327. Other On-Campus and Off-Campus Resource: Mount Aloysius College Campus Resources (On Campus): Title IX Coordinator Dr. Tracy McFarland (814) 886-6472 tmcfarland@mtaloy.edu Cosgrave Rm. 108

Deputy Title IX Coordinator Tonia Gordon (814) 886-6390 tgordon@mtaloy.edu Administration Bldg. Rm. 202

Director of Health Services Shannon Grove (814) 886-6391 sgrove@mtaloy.edu St. Joseph’s Hall, Rm. 102

Director of Counseling & Disability Services Marisa Schuster (814) 886-6336 mschuster@mtaloy.edu St. Joseph’s Hall, Rm. 101 Community Resources (Off-Campus):

Victim Services, Inc. 638 Ferndale Avenue Johnstown, PA 15905 814-288-4961 or 800 755-1983 (24 hrs.) https://victimservicesinc.org/ 58

The Women’s Help Center 809 Napoleon St. Johnstown, PA 15901 814-56-5361 24 hour hotline: 800-999-7406 https://www.womenshelpcenter.org/


Conemaugh Hospital *Confidential Resource (also provides Services for sexual assault & evidence Collection allowing patient anonymity) 814-534-9000 1086 Franklin St. Johnstown PA 15905

Cambria County District Attorney’s Office Gregory J. Neugebauer, District Attorney Heath M Long, First Assistant 200 Center Street Ebensburg, PA 15931 814-472-1680 Monday – Friday, 9 a.m. – 4 p.m.

BYSTANDER INTERVENTION INFORMATION : Bystander intervention means safe and positive options that may be carried out by an individual or individuals to prevent harm or intervene when there is a risk of dating violence, domestic violence, sexual assault, or stalking. Bystander intervention includes recognizing situations of potential harm, understanding institutional structures and cultural conditions that facilitate violence, overcoming barriers to intervening, identifying safe and effective intervention options, and taking action to intervene. If you or someone else is in immediate danger, call Campus Police at (814) 886‐6327 or by dialing 911. This could be when a person is yelling, or being physically abusive towards another individual, and it is not safe for you to interrupt. 1. Watch out for your friends and fellow students/employees. If you see someone who looks like they could be in trouble or need help, ask if they are ok. 2. Confront people who seclude, hit on, try to make out with, or have sex with people who are incapacitated. 3. Speak up when someone discusses plans to take sexual advantage of another person. 4. Believe someone who discloses sexual assault, abusive behavior, or experience with stalking. 5. Refer people to on or off campus resources listed in this document for support in health, counseling, or with legal assistance.

WHAT TO DO IF YOU HAVE BEEN THE VICTIM OF SEXUAL ASSAULT , DATING VIOLENCE, DOMESTIC VIOLENCE OR STALKING (COLLEGE POLICY AND PROCEDURE ) After an incident of sexual assault, it is important to seek medical attention as soon as possible. In Pennsylvania, evidence may be collected even if a victim chooses not to make a report to law enforcement. Conemaugh Hospital Emergency Room in Johnstown has Sexual Assault Nurse Examiners (SANE) that are trained and certified in physical evidentiary recovery kit collection. Evidence collected may be collected and kept anonymously, even if an individual chooses not to make a report to law enforcement. 59


It is important that victims of sexual assault not bathe, douche, smoke, change clothing or clean the bed/linen/area where they were assaulted if the offense occurred within the past 96 hours so that evidence, as may be necessary to the proof of criminal activity, may be preserved. In circumstances of sexual assault, if victims do not opt for forensic evidence collection, health care providers can still treat injuries and take steps to address concerns of pregnancy and/or sexually transmitted disease. Victims of sexual assault, domestic violence, stalking, and dating violence are also encouraged to preserve evidence by saving text messages, instant messages, social networking pages, other communications, and keeping pictures, logs or other copies of documents, if they have any, that would be useful to College hearing boards/investigators or police. Although the College strongly encourages all members of its community to report violations of this policy to law enforcement, it is the victim’s choice whether or not to make such a report, and victims have the right to decline involvement with the police. Whether a victim reports the crime to the police, or not, if the offender is a member of the College community, the victim has a right to make a formal complaint through the campus Title IX Coordinator. If the victim decides to criminally report an incident involving a sexual assault, domestic violence, stalking, and dating violence, contact the Campus Police & Safety Department or the Title IX Coordinator for assistance, These individuals will help determine Police Department jurisdiction where the incident occurred and assist the victim with making contact.

PROCEDURES THE COLLEGE WILL FOLLOW WHEN A CRIME OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT AND STALKING IS REPORTED: The College has procedures in place that serve to be sensitive to victims who report sexual assault, domestic violence, dating violence, and stalking, including informing individuals about their right to file criminal charges; as well as the availability of counseling, health, mental health, victim advocacy, legal assistance, visa and immigration assistance, and other services on and/or off campus; as well as additional remedies to prevent contact between a complainant and an accused party, such as housing, academic, transportation and working accommodations, if reasonably available. The College will make such accommodations, if the victim requests them and if they are reasonably available, regardless of whether the victim chooses to report the crime to local law enforcement. Accommodations will be kept as confidential if possible to accomplish the reasonable request. Students and employees should contact the Title IX Coordinator, by calling, writing, or coming into the office to report in person. - Dr. Tracy McFarland, Vice President for Student Affairs and Title IX Coordinator, Cosgrave Center Room 108, 5 College Drive, Cresson PA 16630, Phone: 814-886-6472 Email: tmcfarland@mtaloy.edu. The Title IX Coordinator will collaborate and coordinate with the Deputy Coordinator/ Director of Human Resources, for employee cases. If a report of domestic violence, dating violence, sexual assault, or stalking is reported to the College, below are the procedures that the College will follow. The outcome notification for these charted offenses will be simultaneous for victim and the accused.

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Incident Being Reported

Procedure Institution Will Follow

Sexual Assault

1. Depending on when reported (immediate vs. delayed report), MAC will provide victim with access to medical attention. 2. MAC will assess immediate safety needs of victim. 3. MAC will assist victim with contacting police department having jurisdiction if complainant requests AND provide victim with contact information if chosen to contact at a later time. 4. MAC will provide victim with referrals to on and off campus mental health, victim service providers. 5. MAC will assess for interim and long term protective measures, if appropriate. 6. Institution will provide the victim with a written form of victim rights and options. 7. MAC will provide a “No Trespass” (PNG) or “No Contact” directive to the accused party, if deemed appropriate. 8. MAC will provide information of how to obtain a court issued protective order. 9. MAC will provide the victim with Title IX Coordinator contact information. 10. MAC will inform the victim of the outcome of any on campus investigation, if the victim has chosen an investigation or as a result of a Title IX investigation. Whether or not the accused will be administratively charged through campus conduct system, and what the outcome of any hearing is. The outcome notification will be simultaneous for victim and the accused. 11. MAC will enforce the anti-retaliation policy and take immediate and separate action against parties that retaliate against a person for reporting sex-based discrimination or for assisting in the investigation.

Stalking

1. MAC will assess immediate safety needs of the victim. 2. MAC will assist the victim with contacting police department having jurisdiction if complainant requests AND provide victim with contact information if chosen to contact at a later time. 3. MAC will provide information of how to obtain a court issued protective order. 4. MAC will explain to the victim how to preserve evidence 5. MAC will assess needs for interim and long term protective measures to protect the victim, if appropriate.

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6. MAC will advise victim of rights and options for the situation. 7. MAC will provide a “No Trespass” (PNG) or “No Contact” directive to the accused party, if deemed appropriate. 8. MAC will provide information of how to obtain a court issued protective order. 9. MAC will provide the victim with Title IX Coordinator contact information. 10. MAC will inform the victim of the outcome of any on campus investigation, if the victim has chosen an investigation or as a result of a Title IX investigation. Whether or not the accused will be administratively charged through campus conduct system, and what the outcome of any hearing is. The outcome notification will be simultaneous for victim and the accused. 11. MAC will enforce the anti-retaliation policy and take immediate and separate action against parties that retaliate against a person for reporting sex-based discrimination or for assisting in the investigation.

Dating Violence

1. MAC will assess immediate safety needs of the victim. 2. MAC will assist the victim with contacting police department having jurisdiction if complainant requests AND provide victim with contact information if chosen to contact at a later time. 3. MAC will provide information of how to obtain a court issued protective order. 4. MAC will explain to the victim how to preserve evidence 5. MAC will assess needs for interim and long term protective measures to protect the victim, if appropriate. 6. MAC will advise victim of rights and options for the situation. 7. MAC will provide a “No Trespass” (PNG) or “No Contact” directive to the accused party, if deemed appropriate. 8. MAC will provide information of how to obtain a court issued protective order. 9. MAC will provide the victim with Title IX Coordinator contact information. 10. MAC will inform the victim of the outcome of any on campus investigation, if the victim has chosen an investigation or as a result of a Title IX investigation. Whether or not the accused will be administratively charged through campus conduct system, and what the outcome of any hearing is. The outcome notification will be simultaneous for victim and the accused. 11. MAC will enforce the anti-retaliation policy and take immediate and separate action against parties that retaliate against a person for reporting sex-based discrimination or for assisting in the investigation.

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Domestic Violence

1. MAC will assess immediate safety needs of the victim. 2. MAC will assist the victim with contacting police department having jurisdiction if complainant requests AND provide victim with contact information if chosen to contact at a later time. 3. MAC will provide information of how to obtain a court issued protective order. 4. MAC will explain to the victim how to preserve evidence 5. MAC will assess needs for interim and long term protective measures to protect the victim, if appropriate. 6. MAC will advise victim of rights and options for the situation following Cambria County Protocol. 7. MAC will provide a “No Trespass” (PNG) or “No Contact” directive to the accused party, if deemed appropriate. 8. MAC will provide information of how to obtain a court issued protective order. 9. MAC will provide the victim with Title IX Coordinator contact information. 10. MAC will inform the victim of the outcome of any on campus investigation, if the victim has chosen an investigation or as a result of a Title IX investigation. Whether or not the accused will be administratively charged through campus conduct system, and what the outcome of any hearing is. The outcome notification will be simultaneous for victim and the accused. 11. MAC will enforce the anti-retaliation policy and take immediate and separate action against parties that retaliate against a person for reporting sex-based discrimination or for assisting in the investigation.

These procedures require the result of any institutional disciplinary proceeding that arises from an allegation of dating violence, domestic violence, sexual assault or stalking to have simultaneous outcome notification to the victim and the accused. The institution’s notification procedure will vary based on circumstances of how to reach the victim and the accused at the time of a result. The notification will also include the standard of proof used and some rationale for how the decision was reached.

PROTECTION FROM ABUSE AND PROTECTION FROM SEXUAL VIOLENCE OR INTIMIDATION ACT In Pennsylvania as a victim, you can request a civil order for protection from abuse (PFA) or an order for protection from sexual violence or intimidation (PSVI). A PFA offers civil protection to a victim of abuse who is at risk of further harm by the perpetrator. The PFA applies to victims that have a family or household member relationship. A PSVI offers civil protection to any victim of sexual violence who is at risk of further harm by the perpetrator. The PSVI applies only to victims 63


that do not have a family or household member relationship. If you would like to apply for such orders, please see Campus Police & Safety to determine what county you should be directed to or contact Cambria County Court, Victim Services, or Women’s Help Center.

SEX OFFENDER REGISTRATION The Pennsylvania State Police is the primary law enforcement agency and maintains the registered sexual offender registry. The public may view the information at www.pameganslaw.state.pa.us or contact their closest barracks.

SEXUAL ASSAULT PREVENTION TIPS / RISK REDUCTION (from RAINN - Rape, Abuse & Incest National Network, www.rainn.org) • Be aware of your surroundings. Knowing where you are and who is around you may help you to find a way to get out of a bad situation. • Try to avoid isolated areas. It is more difficult to get help if no one is around. • Walk with purpose. Even if you don’t know where you are going, act like you do. • Trust your instincts. If a situation or location feels unsafe or uncomfortable, it probably isn’t the best place to be. • Try not to load yourself down with packages or bags as this can make you appear more vulnerable. • Make sure your cell phone is with you and charged and that you have cab money. • Don't allow yourself to be isolated with someone you don’t trust or someone you don’t know. • Avoid putting music headphones in both ears so that you can be more aware of your surroundings, especially if you are walking alone. • When you go to a social gathering, go with a group of friends. Arrive together, check in with each other throughout the evening, and leave together. Knowing where you are and who is around you may help you to find a way out of a bad situation. • Trust your instincts. If you feel unsafe in any situation, go with your gut. If you see something suspicious, contact law enforcement immediately (local authorities can be reached by calling 911 in most areas of the U.S.). • Don't leave your drink unattended while talking, dancing, using the restroom, or making a phone call. If you’ve left your drink alone, just get a new one. • Don't accept drinks from people you don't know or trust. If you choose to accept a drink, go with the person to the bar to order it, watch it being poured, and carry it yourself. At parties, don’t drink from the punch bowls or other large, common open containers. • Watch out for your friends, and vice versa. If a friend seems out of it, is way too intoxicated for the amount of alcohol they’ve had, or is acting out of character, get him or her to a safe place immediately. • If you suspect you or a friend has been drugged, contact law enforcement immediately (local authorities can be reached by calling 911 in most areas of the U.S.). Be explicit with doctors so they can give you the correct tests (you will need a urine test and possibly others). • If you need to get out of an uncomfortable or scary situation, here are some things that you can try: – Remember that being in this situation is not your fault. You did not do anything wrong, it is the person who is making you uncomfortable that is to blame.

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– Be true to yourself. Don't feel obligated to do anything you don't want to do. "I don't want to" is always a good enough reason. Do what feels right to you and what you are comfortable with. – Have a code word with your friends or family so that if you don’t feel comfortable you can call them and communicate your discomfort without the person you are with knowing. Your friends or family can then come to get you or make up an excuse for you to leave. – Lie. If you don’t want to hurt the person’s feelings it is better to lie and make up a reason to leave than to stay and be uncomfortable, scared, or worse. Some excuses you could use are: needing to take care of a friend or family member, not feeling well, having somewhere else that you need to be, etc. • Try to think of an escape route. How would you try to get out of the room? Where are the doors? Windows? Are there people around who might be able to help you? Is there an emergency phone nearby? • If you and/or the other person have been drinking, you can say that you would rather wait until you both have your full judgment before doing anything you may regret later.

CAMPUS REPORTING OPTIONS FOR REPORTS OF SEXUAL ASSAULT, DOMESTIC VIOLENCE, DATING VIOLENCE, AND STALKING 

Campus Police & Safety Department Cosgrave Student Center, Room 102/104, 5 College Drive, Cresson PA 16630 Phone: 814-886-6327 For an emergency situation, call 9-1-1.

Concerns about conduct of a student, employee or third-party that may violate this policy may also be reported to: 

Dr. Tracy McFarland, Vice President for Student Affairs and Title IX Coordinator Cosgrave Center Room 108, 5 College Drive, Cresson PA 16630 Phone: 814-886-6472 Email: tmcfarland@mtaloy.edu

Ms. Tonia Gordon, Chief Human Resources Officer, Deputy Title IX Coordinator Administration Building room 204, 7373 Admiral Peary Highway, Cresson PA 16630 Phone: 814-886-6390 Email: tgordon@mtaloy.edu

On Campus Resources: 

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Counseling Services St. Joseph Hall room 101 Phone: 814-886-6366

*Confidential Resource


Health Services St. Joseph Hall room 102 Phone: 814-886-6515

*Confidential Resource

Off Campus Resources: 

Conemaugh Hospital *Confidential Resource (also provides services for sexual assault & evidence collection allowing patient to remain anonymous) Phone: (814) 534-9000 (24 hours a day) 1086 Franklin Street, Johnstown, PA 15905

Victim Services Victim Advocates and Counseling for Victims of Sexual Assault Phone: (814) 288-4961 or (800) 755-1983 (24 hours a day) 638 Ferndale Ave, Johnstown, PA 15905

Women’s Help Center Specializes in helping victims of Domestic Violence Phone: 814-443-2824 or 800-999-7406 (24 hours a day) 809 Napoleon Street Johnstown, PA 15901

Cambria County Courthouse Phone: (814) 472-5440 200 S Center St, Ebensburg, PA 15931

PROGRAMS TO PREVENT DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT AND STALKING Mount Aloysius College engages in comprehensive, intentional, and integrated programming, initiatives, strategies, and campaigns intended to end dating violence, domestic violence, sexual assault and stalking that are culturally relevant, inclusive of diverse communities and identities, sustainable, responsive to community needs, and informed by research, or assessed for value, effectiveness, or outcome; and consider environmental risk and protective factors as they occur on the individual, relationship, institutional, community and societal levels. They include both primary prevention and awareness programs directed at incoming students and new employees and ongoing prevention and awareness campaigns directed at students and employees. Primary programs include new student orientation sessions, new employee orientation sessions and utilize in person as well as online training. Examples of programming are: 

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United Educator’s Online Training: Know Your Limit – Course stresses the importance of alcohol in moderation, risks related to binge drinking, and ways to help if a friend has too much to drink (Not mandatory/all new incoming students for fall & spring/annually)


United Educator’s Online Training: Lasting Choices: Preventing Sexual Assault – Focuses on teaching students about the role of alcohol in sexual assault, how to report incidents on campus, and intervention strategies for when someone needs help. (Not mandatory/all new incoming students for fall & spring/annually)

Mandatory residence hall meetings held at the beginning of each semester for all 500 residents (max occupancy) to learn about the Mount Aloysius College Code of Conduct, general safety and security, reporting options, TIX Coordinator and bystander intervention, (Mandatory/ all new and returning residential students/ fall and spring annually)

Situational awareness small group trainings (How to be aware of your surroundings for all situations and also includes Run Hide Fight training) held for students and employees. Employees were also given a large group training at the beginning of the fall semester. (not mandatory/ all students and employees/ done during both semesters/ updated annually)

New employee orientation: Title IX, Campus Security Authority and VAWA. This is presented in a group setting at the beginning of the semester. (Mandatory/ employees/ each semester/ updated annually)

Resident Assistants receive training in emergency situation response, reporting information of sexual assault, domestic violence, stalking, dating violence situations, situational awareness and interaction with Campus Police. (mandatory for the RAs/ once at beginning of fall semester/ updated annually)

Ongoing Programming: 

All Student Athletes completed United Educator’s Online Training: Intervene – Program that shares how bystander intervention can be effective and how students might successfully intervene in problematic situations (mandatory for all student athletes)/once annually in fall semester)

All Student Athletes assigned to take specific United Educator’s Online Courses by Class year: o o o o

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Freshmen: Impressions: Course examines sexual assault, what it is, how to report it, support resources on campus, and ways to prevent it. Sophomores: Lasting Choices: Preventing Sexual Assault: Course teaches about the role of alcohol in sexual assault, how to report incidents at the institution, and intervention strategies for helping someone in need. Juniors: Healthy Relationships and Dating Violence: Course focuses on teaching the difference between a healthy relationship and one that shows signs of abuse and campus resources to get help for yourself or your friends, Seniors: Show Some Respect! Prevent Harassment: This course walks participants through the characteristics of respectful relationships and shares tips on how to report harassing behaviors involving fellow students. (mandatory for all student athletes/once annually in fall semester)


360 Proof Alcohol awareness online program. (not mandatory/ all students/ ongoing) (Alcohol education is mandatory if a student is in conduct system for a first time alcohol offense and did not already participate)

Domestic Violence Awareness Week: Table in Student Center staffed by counseling center staff, with literature, awareness ribbons and notes of encouragement that students could write and display (not mandatory/ all students and staff encouraged to participate)

D. Stafford and Associates Campus Security Authority training (online): includes Clery, Title IX responsible employee and VAWA modules. (mandatory for all employees/students identified as a CSA/ each fall semester and when someone new is identified in the academic year/ updated annually)

TIX Training & Resources for Residence Life Staff (fall and spring training/ annually)

STUDENT CONDUCT PROCESS AND DISCIPLINARY PROCESS STUDENT CONDUCT ADMINISTRATION OVERVIEW 

Being a member of the Mount Aloysius student body is a privilege and not a right. As in every community, there are certain rules and regulations that must be upheld. Respect for the rights and property of others and respect for all individuals is everyone’s responsibility. Only in such a community of responsible persons can an atmosphere be established that supports living and learning in a productive and mutually supportive way. Any student who fails to support the mission and objectives of the Mount Aloysius community forfeits his/her right to continued membership in it. The College reserves the right to dismiss any student whose conduct is detrimental to or in conflict with the philosophy and objectives of Mount Aloysius. The College will provide the accuser and the accused with the same opportunities to have others present during any College conduct/disciplinary proceeding, including the opportunity to be accompanied to any related meeting or proceeding by an advisor of their choice. This person is not permitted to address the board or act as a representative for the charged student. Advisor means any individual who provides the accuser or accused support, guidance, or advice. (Residence Life staff members cannot provide representation.)(The procedures in the student handbook and those adjusted by administration for the current academic year supersede these. Any changes would then be updated in the next publication of this document.)

REPORTING AN INCIDENT Any person may report an alleged violation of College rules, regulations, or policies to a member of the Campus Police & Safety Department, Residence Life Staff, or the Vice President for Student Affairs. The incident is documented in an Incident Reporting Database which should include all of the following information: 68


     

Date, time and location of incident. Nature of incident. Individual(s) involved. Witnesses. Description of incident. Immediate action taken.

OFF-CAMPUS VIOLATIONS The College reserves the right, at its discretion, to adjudicate off-campus violations of the Code of Conduct through the Campus Conduct System and or through the Title IX coordinator.

STANDARD OF PROOF The standard in all hearings is a “preponderance of evidence.” A preponderance of the evidence exists when a reasonable person, after a careful balancing of available information, would conclude a violation has occurred and the student/organization charged is responsible for the violation.

LEVEL ONE: HEARING PROCESS The Director of Residence Life or his/her representative conducts a hearing with each student who is allegedly involved in a violation of College rules, regulations or policies. The hearing procedures follow:   

The student will be notified that his/her name is mentioned on an incident report. A hearing meeting occurs with the student to discuss and review the incident report. The specific violations are summarized and presented to the student on a Student Conduct Record Form and the student is given the opportunity to admit violation of College rules, regulations or policies, or to deny any violation. If the student admits to the violation, sanctions are immediately issued, unless in the opinion of the hearing officer, the reported violation is more serious in nature. In such a case, a full conduct hearing may be scheduled for sanctioning purposes. The hearing officer, the violation which is reported is more serious in nature; a full conduct hearing may be immediately scheduled for sanctioning purposes. In situations where allegations are significant in nature, at the discretion of the Vice President for Student Affairs, the case may be moved to the pre-board review level to commence a Conduct Board action.

LEVEL TWO: CONDUCT BOARD HEARING PROCESS PRE-BOARD REVIEW The Conduct Officer or his/her designee will offer the opportunity to meet with the victim and accused student to explain the conduct process as well as the student’s rights and responsibilities. The role of the pre-board review is not to determine accountability or responsibility, but to assist the student in 69


understanding the Student Conduct Board hearing process and prepare his/her case. Should the student choose not to meet with the Conduct Officer or his/her designee, the accused student is still responsible for participating in the Student Conduct Board Hearing. Student Conduct Board hearings will be held even if the student chooses not to attend.

HEARING PROCEDURES As part of the pre-board review, the following processes take place:  

 

The Conduct Officer or his/her designee schedules a pre-board review to meet with the student(s) accused with the alleged violation and presents a verbal synopsis of the charges. The student has a maximum of two school days from presentation of charges to submit in writing the names of any witnesses (subject to the Conduct Officer or his/her designee Officer’s determination of relevance to his/her case) and prepare a case. One character witness from the College community may address the Board. It is the student’s responsibility to notify all approved witnesses as to date, time and location of hearing. A student accused of any violation may be accompanied in his/her hearing by a Mount Aloysius faculty member, administrator or student whose role will be advisory in nature. This person is not permitted to address the board or act as a representative for the charged student. Parents, advisors or legal counsel from outside the Mount Aloysius community may not be present at any hearing; however, they may assist the student during the pre-board review process. (Note: Residence Life staff members cannot provide representation.) The accused student is notified of the date, time, and location of the Board hearing. At the Board hearing the accused has the opportunity to ask questions of the person initiating the charges or of witnesses in the case. In cases of sexual misconduct or other violations of a highly sensitive nature, every effort will be taken to allow both the accuser and the accused the right to ask questions regarding information pertinent to the incident without direct contact between the two parties. Both the accused and accuser are entitled to the same opportunities to have others present at the hearing. Also, in cases involving sexual misconduct the accused and accuser will both be informed of the outcome of the conduct hearing.

After the hearing, the Conduct Officer presents the Board’s findings to the Vice President for Student Affairs or designee. The Vice President for Student Affairs or designee sends written notification of the results of the hearing to the student within three school days of conclusion of the hearing. In cases of alleged sexual misconduct, a panel will be designated from the conduct board membership pool. A conduct hearing is an internal review of possible violation(s) of College rules and regulations. The purpose is to determine, based upon the preponderance of evidence, if violations have occurred and to assign sanctions which have as their purpose an educational and reconciliatory function. If, in the judgment of the Conduct Board, a student (because of multiple or serious violations, uncooperative 70


attitude, etc.) is not upholding the philosophy and objectives of the College, the student may be dismissed from Mount Aloysius. The membership of the Student Conduct Board consists of students, faculty and administrators. The Director of Student Activities serves as the Conduct Officer or his/her designee and, as such, presides over the hearing. The Director of Student Activities also serves as a resource to the Conduct Board and oversees the deliberation process. The Vice President for Student Affairs reserves the right to utilize an administrative hearing when the full Board is not available during breaks in the academic calendar or the end of an academic term and as deemed necessary. The Conduct Officer or his/her designee reviews the case with the Conduct Board. He or she also introduces witnesses and directs proceedings so that only pertinent material is introduced. Finally, the Conduct Officer makes sure that both accuser and accused have ample opportunity to present the facts of the incident -- as they perceive them -- to the Board members. The Conduct Board reviews the case with the Conduct Officer or his/her designee and questions the student brought before the Board as well as any witnesses. The Board then discusses the case, including all testimony, in private. Specific violations are determined along with a recommendation for sanctions or that no violation occurred. The Conduct Board need not be unanimous in its vote; however, a majority must concur. The Conduct Officer or his/her designee presents the recommendation of the Board to the Vice President for Student Affairs. The Vice President for Student Affairs or designee will notify the student of the final outcome within three school days. Alleged victims of crimes of violence or non-forcible sexual offenses may submit a written request to the Vice President for Student Affairs within three working days of the hearing to learn the outcome of the hearing. All proceedings and results of the Board’s deliberations are confidential.

LEVEL THREE: APPEAL PROCESS A student who wishes to appeal the recommendation(s) of the Conduct Officer or his/her designee and/or the Conduct Board must submit a written request for an appeal within five school days of the notification of the results of the hearing. The student must address one of the points listed below as grounds for appeal. The request must be directed to the Vice President for Student Affairs. The grounds for an appeal are as follows:  

That the regulations for filing disciplinary charges or the hearing process were not followed. That available, relevant evidence was not reviewed.

The Vice President for Student Affairs, or the appointed Appeal Officer will review the record of the proceedings. If, in the appeal, it is determined that new evidence exists or some other reason is present to consider additional evidence, or if proper procedures were not followed, the matter can be returned to the Conduct Officer or his/her designee and the Student Conduct Board for further deliberation. 71


The Vice President for Student Affairs can accept the decision of the initial hearing, or refer the case back to the Conduct Board. The decision of the Vice President for Student Affairs is final except in cases of dismissal. A student dismissed from the College may, in addition, appeal to the President.

SANCTIONS Disciplinary action is based on the seriousness of the offense, individual circumstances and the best interest of the general educational community of Mount Aloysius College. The sanction(s) which may be imposed upon individuals or organizations for the commission of the offenses recognized by the College may include, but are not limited to, the following: CONDUCT WARNING A conduct warning may be issued when the nature and circumstances of the conduct do not warrant more severe disciplinary action; however, a written warning will be a matter of record in the office of the Vice President for Student Affairs. SERVICE TO THE COLLEGE Service to the College entails performing duties in departments including housekeeping, maintenance and food service. The conditions and the time period of the work assignment are the prerogative of the authority imposing them and will be stated in writing. If a student fails to perform the services within the stated time-period, a fine may be imposed equal to the amount of un-worked hours, multiplied by the current rate for College work-study wages or additional conduct sanctions may be imposed. Failure to pay a fine may result in immediate restriction from residence halls until the fine is paid in full and/or other disciplinary sanctions. FINES The amount and due dates of fines are determined by the authority imposing them and will be stated in writing. The College reserves the right to initiate a policy for fining students for violations during the academic year. RESTITUTION Reimbursement must be paid for damages or misappropriations of College property or property of a member of the College community.

LOSS OF PRIVILEGES The conditions and the time-period of the probation are the prerogative of the authority imposing them and will be stated in writing. The following are intended to serve as sanctions:  

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An individual may be prohibited from representing the College in an official capacity, such as an intercollegiate athlete or a student organization leader; An individual may be prohibited from parking a vehicle on campus, living in College residence halls or from dining on campus, forfeiting full room and board fees;


  

An individual may be prohibited from participating in College programs, such as musical or theatrical productions, intramural events or athletic competitions; An individual may be prohibited from participating in student visitation; and An individual may be prohibited from using personal property (including stereos, etc.) or campus facilities.

PROBATION Probation entails a written reprimand for the violation of specified regulations. Probation remains in effect for a designated period of time and includes the probability of more severe disciplinary sanctions if the student is found to be violating any College regulation(s) during the probationary time.

RESIDENTIAL PROBATION An official warning which states that future conduct violation will constitute grounds for the loss of the privilege to live or visit in the residential facilities. SUSPENSION Suspension is termination of student status for a specific period of time. The conditions of readmission will be stated in a sanction letter from the Vice President for Student Affairs. Students suspended for the remainder of a semester are charged full tuition, room and board (if applicable) and fees for the semester in which the suspension occurs. Students are assigned the grades that would be appropriate if withdrawal were voluntary. A statement of the student’s status is sent to the Vice President for Academic Affairs/Dean, Registrar, curriculum chairperson, Admission’s Office and Controller’s Office. RESIDENTIAL SUSPENSION This penalty removes the student from residence on campus and prevents the student from visiting the residential facilities for a specific period of time (i.e., the remainder of a given semester or academic year). The Director of Residence Life has the authority to suspend a student from residence if the student has failed to abide by housing policies. DISMISSAL Dismissal is permanent termination of student status and separation from the College. Dismissed students are charged full tuition, room and board (if applicable) and fees for the semester in which the dismissal occurs. Students are assigned the grades which would be appropriate if they were withdrawing voluntarily. A statement of the student’s status is sent to the Vice President for Academic Affairs/Dean, Registrar, curriculum chairperson, Admission’s Office and Controller’s Office. INTERIM SUSPENSION When the Vice President for Student Affairs has reasonable cause to believe that a student has violated any of the College’s rules or regulations and that danger or disruption will be present if a student is permitted to remain on campus or in a College residence hall, an interim suspension may 73


be imposed pending a full consideration of the case. A student placed on interim suspension will be required to leave campus and/or the residence halls immediately and remain off-campus until completion of the disciplinary proceedings. The Vice President for Student Affairs or his/her designee is authorized to impose an interim suspension.

PARENTAL NOTIFICATION Within the guidelines of the Family Educational Rights and Privacy Act (FERPA), found in the Family Education Rights and Privacy Act section of the student handbook, and other federal, state and local laws, Mount Aloysius College reserves the right to contact parents of students to discuss any behaviors found to be contrary to the mission, beliefs and goals of the College.

ALCOHOL AND ILLICIT DRUG POLICY It is the policy of Mount Aloysius College to uphold all state and federal legislation regarding the possession, use, distribution or consumption of alcohol and other illegal drugs. The possession and/or use of alcoholic beverages or other illegal drugs is not permitted on campus nor is the consumption of alcohol permitted by students (of legal age) at any college sponsored activity on or off campus without prior approval by the President or his designee. This applies to all students regardless of age. Programs and workshops are sponsored annually by various Student Affairs departments regarding alcohol and drug abuse prevention.

ALCOHOL POLICY The law of the Commonwealth of Pennsylvania concerning the use of alcoholic beverages is quite specific and addresses purchase, consumption, possession or transportation of liquor or malt or brewed beverages. A person commits a summary offense if he/she, being less than 21 years of age, attempts to purchase, purchases, consumes, possesses or knowingly and intentionally transports any liquor or malt or brewed beverages. Fine can be up to $1,000.00. The College will cooperate fully with civil authorities in the enforcement of the law. If civil authorities are involved, the College will not present disciplinary charges unless the College’s interests as an academic community are directly involved. Decisions to hold a college Conduct Board hearing prior to, simultaneously with, or after criminal proceedings is at the discretion of the Vice President for Student Affairs/Dean of Students. The possession and/or use of alcoholic beverages are not permitted on campus or at any offcampus college-sponsored activity regardless of age, without the permission of the President of the College or his designee. Any student present in the room or area where alcohol is contained will be held responsible for a violation of the College’s alcohol policy.

ALCOHOL HOSTING POLICY

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An additional charge will be levied to those violators of the Alcohol Policy who transport alcohol to campus, distribute to other students or have alcohol in his/her contracted residence hall room or automobile. A student may be held responsible for an alcohol violation if there is reasonable cause or evidence for the College to believe alcohol has been transported, possessed, or consumed by the student.

ALCOHOL POISONING: Contact Campus Police & Safety (814) 886-6327 or call for an ambulance 9-1-1 KNOW THE SIGNS:    

Passed out or difficult to wake Skin is cold, clammy, pale or bluish Breathing is slow Vomiting while awake or asleep

HOW TO HELP:     

Vomiting- turn person on their side to prevent choking Clear vomit from the mouth Keep the person awake NEVER leave the person unattended Call for help

PENNSYLVANIA’S MEDICAL AMNESTY LAW If an individual who is under 21, in good faith, calls and believes they are the first to call 911, police, ambulance or campus security, gives their name and stays with the person to prevent that person’s death or serious injury, the caller is immune from prosecution for consumption or possession of alcohol.

PENNSYLVANIA UNDERAGE DRINKING LAW It is illegal for anyone under 21 years of age to attempt to purchase, consume, possess, or knowingly and intentionally transport any liquor, malt, or brewed beverage. It is also illegal to lie about age to obtain alcohol and to carry a false identification card. The penalties under PA Law are PENALTY

1st Offense

2nd Offense

Subsequent Offense

Fine

$0 - 500

$0 – 1,000

$0 - 1000

Jail

0 – 90 Days

0 – 90 Days

0 – 90 Days

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Driver’s License Suspension

At least 90 Days

At least 1 Year

At least 2 Years

By law, the local police departments are required to notify parents or guardians of all underagedrinking violations. It is also a violation of the Student Code of Conduct.

PENNSYLVANIA OPEN CONTAINER LAW In a car: No driver may legally consume any alcoholic beverage in a vehicle in operation on a Pennsylvania highway or possess an open container. As a Pedestrian: In Pennsylvania, there is no state law to prohibit open containers of alcohol in public. However, many local governments have enacted ordinances making it illegal. Check with your local government for the municipality you reside in.

PENNSYLVANIA DRIVING UNDER THE INFLUENCE (DUI) LAW In Pennsylvania, the illegal level for DUI is .08 percent Blood Alcohol Content (BAC) and .02 percent BAC for minors. The law emphasizes treatment and a three-tier penalty system based on BAC and prior offenses: (1) general impairment (.08-.099 percent), (2) high rate of alcohol (.10-.159 percent), and (3) highest rate of alcohol (.16 percent and above). Also, drivers with any amount of a Schedule I, II, or III controlled substance not medically prescribed (or their metabolites) may not drive, operate, or be in actual physical control of a vehicle. It is illegal for anyone under 21 years of age to drive a vehicle with a blood alcohol content of .02 percent or higher. A first-time offense individual, under certain circumstances, may qualify for an Accelerated Rehabilitative Disposition (ARD) program.

DRIVER REFUSING A CHEMICAL TEST Any person who drives a motor vehicle automatically gives consent to one or more chemical test (e.g. breath, blood, or urine). This implied consent means that you don’t have the right to an attorney before testing. If a person refuses to submit to a chemical test: (1) the test will not be done; (2) the person’s license will be suspended for one year; (3) the person will most likely be charged with DUI. For more information about all alcohol-related offenses in Pennsylvania, see https://www.lcb.pa.gov/Education/Resources/Pages/DUI-Law.aspx

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FURTHER DRUG POLICY I NFORMATION Mount Aloysius College is a drug-free campus and students are prohibited from using illegal drugs and/or having detectible levels of drugs in their system. Drug paraphernalia is also prohibited oncampus. This policy applies to College-sponsored events and activities on-campus as well as off-site clinical or internship settings. Many academic programs on campus require students to undergo random drug screenings prior to entering clinical/field experience sites. Students are expected to test negative on their drug screen to remain in compliance with College policy. College policy states “the use of illegal drugs and/or having detectible levels in the system is prohibited;� therefore, a positive drug test will result in dismissal from the academic program for one year. If a student is attending an off-site educational experience (including, but not limited to: clinicals, practicum, internships, and externships) and tests positive on a drug screening, the student will receive a failing grade of F for the course associated with that educational experience. In addition, the student will be prohibited from continuing in that program and may not take courses in that major. A student may continue to participate in courses outside the major for the semester in which he/she tested positive. In order to continue taking courses outside the major beyond the semester 77


in which the student tested positive, the Vice President for Student Affairs/Dean of Students must receive verification that the student completed a certified drug treatment program prior to the start of the next semester’s classes and show proof of a negative drug test. After one year, a student may reapply for admission to his/her original program or another health-related program following the guidelines specified by the program in which they are interested in participating. Students who participate in a urine drug screen with an undetermined or diluted result may be required—at the College’s discretion—to participate in an additional screening procedure, including but not limited to blood, hair, or saliva sampling. The student may be responsible for all retesting costs. Students who have a positive test have an opportunity to appeal the test within three working days of being notified of the test results. Appeals should be in writing, should list the reason for appeal as noted below, and be sent to the Vice President for Student Affairs/Dean of Students for investigation in conjunction with the agency conducting the screenings. Appeals will only be considered by the Vice President for Student Affairs/Dean of Students and the physician responsible for coordinating the screening process under the following circumstances: (1) Standard procedures for collecting urine drug screens were not followed according to institutional guidelines; and (2) Legally prescribed drugs (prescribed within the past year) resulted in the drug screening showing a false positive. A student may not appeal a positive urine drug screen result on the basis that the sanction includes dismissal from the program.

DISCIPLINARY SANCTIONS The use or possession of alcohol or the discovery of any student using, possessing or distributing illicit drugs will be considered an infraction. Disciplinary action will be based on the seriousness of the offense, individual circumstances and the best interests of the College community. Possible sanctions include but are not limited to conduct warnings, required counseling sessions, fines or service to the College, probation, suspension, and dismissal.

PENNSYLVANIA LAW RELATED TO DRUG OFFENSES PENNSYLVANIA POSSESSION OF MARIJUANA LAW A person is unlawful when unknowingly, knowingly, or intentionally possesses marijuana (Hashish), a Schedule I substance, and is not authorized by law to possess such substance, as outlined under the Controlled Substances, Drugs, Device and Cosmetic Act of 1972. *MEDICAL MARIJUANA – Even with a medical permit, you may not possess or use marijuana on campus as it is still illegal per federal law. The College must enforce this law on campus to continue to receive federal funding. 78


The charges for marijuana possession include: Quantity

Charge

Jail

Fine

30 grams or less

Misdemeanor

30 days

$0 - 500

Over 30 grams

Misdemeanor

1 year

$0 – 5,000

SYNTHETIC M ARIJUANA Effective March 1, 2011, the U.S. Drug Enforcement Agency classified synthetic marijuana as an illegal substance. It is also known as Spice, K2, Demon, Wicked, Black Magic and Voodoo Spice.

POSSESSION OF OTHER DRUGS In Pennsylvania, the penalties for being convicted of possession of a controlled substance such as heroin, cocaine, methamphetamines, prescriptions, ecstasy, and LSD vary by type of substance and quantity of the substance possessed. Charges also vary by first, second and subsequent offenses. Charges may include jail time, fines, drug counseling, and suspension of driver’s license.

POSSESSION OF DRUG PARAPHERNALIA A person is unlawful when he possesses, with the intent to use, drug paraphernalia that is used for packaging, manufacturing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of the Controlled Substances, Drugs, Device and Cosmetic Act of 1972.

FEDERAL DRUG ENFORCEMENT ADMINISTRATION DRUG SCHEDULES Drugs, substances, and certain chemicals used to make drugs are classified into five (5) distinct categories or schedules depending upon the drug’s acceptable medical use and the drug’s abuse or dependency potential. The abuse rate is a determinate factor in the scheduling of the drug; for example, Schedule I drugs are considered the most dangerous class of drugs with a high potential for abuse and potentially severe psychological and/or physical dependence. As the drug schedule changes-- Schedule II, Schedule III, etc., so does the abuse potential-- Schedule V drugs represents the least potential for abuse. A Listing of drugs and their schedule are located at Controlled Substance Act (CSA) Scheduling or CSA Scheduling by Alphabetical Order. These lists describes the basic or parent chemical and do not necessarily describe the salts, isomers and salts of isomers, esters, ethers and derivatives which may also be classified as controlled substances. These lists are intended as general references and are not comprehensive listings of all controlled substances. Please note that a substance need not be listed as a controlled substance to be treated as a Schedule I substance for criminal prosecution. A controlled substance analogue is a substance which is 79


intended for human consumption and is structurally or pharmacologically substantially similar to or is represented as being similar to a Schedule I or Schedule II substance and is not an approved medication in the United States. (See 21 U.S.C. ยง802(32)(A) for the definition of a controlled substance analogue and 21 U.S.C. ยง813 for the schedule.)

SCHEDULE I Schedule I drugs, substances, or chemicals are defined as drugs with no currently accepted medical use and a high potential for abuse. Schedule I drugs are the most dangerous drugs of all the drug schedules with potentially severe psychological or physical dependence. Some examples of Schedule I drugs are: heroin, lysergic acid diethylamide (LSD), marijuana (cannabis), 3,4methylenedioxymethamphetamine (ecstasy), methaqualone, and peyote

SCHEDULE II Schedule II drugs, substances, or chemicals are defined as drugs with a high potential for abuse, less abuse potential than Schedule I drugs, with use potentially leading to severe psychological or physical dependence. These drugs are also considered dangerous. Some examples of Schedule II drugs are: Combination products with less than 15 milligrams of hydrocodone per dosage unit (Vicodin), cocaine, methamphetamine, methadone, hydromorphone (Dilaudid), meperidine (Demerol), oxycodone (OxyContin), fentanyl, Dexedrine, Adderall, and Ritalin

SCHEDULE III Schedule III drugs, substances, or chemicals are defined as drugs with a moderate to low potential for physical and psychological dependence. Schedule III drugs abuse potential is less than Schedule I and Schedule II drugs but more than Schedule IV. Some examples of Schedule III drugs are: Products containing less than 90 milligrams of codeine per dosage unit (Tylenol with codeine), ketamine, anabolic steroids, testosterone

SCHEDULE IV Schedule IV drugs, substances, or chemicals are defined as drugs with a low potential for abuse and low risk of dependence. Some examples of Schedule IV drugs are: Xanax, Soma, Darvon, Darvocet, Valium, Ativan, Talwin, Ambien, Tramadol

SCHEDULE V Schedule V drugs, substances, or chemicals are defined as drugs with lower potential for abuse than Schedule IV and consist of preparations containing limited quantities of certain narcotics. Schedule V drugs are generally used for antidiarrheal, antitussive, and analgesic purposes. Some examples of Schedule V drugs are: cough preparations with less than 200 milligrams of codeine or per 100 milliliters (Robitussin AC), Lomotil, Motofen, Lyrica, Parepectolin

80


81


82


83


COUNSELING AND TREATMENT Personal concerns of any type may be discussed confidentially, on campus, with the College counselor located in St. Joseph Hall 101, or call (814) 886-6336. Students may arrange to talk to the counselor or take advantage of the office’s referral service to outside agencies. Local outside agencies include: Johnstown Area: Crisis Intervention - 1-877-268-9463 Conemaugh Health Systems - (814) 534-9000 Altoona Area: UPMC Altoona Behavioral Health Services - (814) 889-2141 Primary health Network - Mental Health Services - (814) 942-5000 Toll Free Hotline Help and Information - 1-(800)-662-HELP, 1-(800)-662-4357, 1-(800)-342-AIDS, 1-(800)-342-2437) Suicide Hotline - 1-800-784-2433, 1-800-SUICIDE National Clearinghouse for Alcohol and Drug Abuse - 1 (800)-729-6686 Blair County Access Center - (800)-540-4690

ALCOHOL AND OTHER DRUG PREVENTION Prevention resources and information are available in Student Health and Counseling Services. A variety of programs and educational activities are offered annually targeted to both alcohol and other drug prevention and to promote the adoption of a wellness lifestyle. Specifically, guest speakers, alternative activities, and Safe Spring Break activities, along with behavioral counseling interventions are offered to prevent drug and alcohol use. The Drug Free Schools and Communities Act of 1989, requires all institutions of higher education to certify that it has implemented a drug and alcohol awareness program for students and employees. Toward that end, each institution is to distribute annually to its students and employees a description of its program to prevent the unlawful possession, use, or distribution of illicit drugs and alcohol. Compliance is required in order to remain eligible for federal financial assistance. The College has programs about crime prevention, alcohol awareness and drug prevention. The College has the following programs in place:   84

United Educators online programs for Alcohol Awareness and Sexual Assault 360 Proof Alcohol Education – assigned as sanction for alcohol policy violations


 

United Educators Bystander Intervention Program - Intervene Lollanobooza – Alcohol awareness program where clubs join a mocktail contest; DUI impairment goggles are used with a golf cart course; PA Liquor Control Enforcement provides choices and information; PA DOT provides impaired driving and distracted driver simulators Program pertaining to crime prevention and fire safety are presented to all new employees, all freshman at orientation, all residents at an annual policy meeting and through presentations requested throughout the semester.

CHILDREN ON CAMPUS POLICY Mount Aloysius College complies with all Commonwealth of Pennsylvania and federal laws concerning the protection of children, and will immediately report any cases of suspected child abuse or neglect to ChildLine (800-932-0313) for investigation by Child Protective Services of Cambria County or local enforcement.

MANDATORY REPORTING Employees of Mount Aloysius College, who work with children in the course of their employment with the College, are considered mandated reporters under the law. Mandated reporters are obligated by law to make a report any time they have a reasonable suspicion that a child, they are aware of through the course of their employment, is being or has been abused. Mandated reporters are responsible to make a report to ChildLine (800-932-0313) themselves or cause a report to be made by the College’s designated reporter. Mount Aloysius has designated the Director of Counseling and Disability Services as its official designee for mandated reporting. The Director of Student Health Services shall act in this capacity in the absence of the Director of Counseling and Disability Services.

OUTSIDE ORGANIZATIONS MAC expects all organizations that bring children to our campus to have procedures in place for appropriate background checks of the adults who work with the children, and evidence of the appropriate credentialing and supervision of the children and the staff working with them. Evidence of such procedures shall be provided to College upon request.

CHILDREN ON CAMPUS MAC is committed to maintaining an appropriate academic environment for collegiate-level teaching and learning, research, co-curricular activities, and all of the related work that supports the academic life of the college. To achieve these objectives, MAC expects the full cooperation of all faculty, staff and students in observing these policies, which apply to all persons under the age of 18 who are not otherwise enrolled in programs of MAC.

85


As a general rule, the mission of Mount Aloysius College is higher education. MAC’s campus is not an environment structured for children unless they are enrolled in a program specifically designed for children and appropriately supervised by trained and credentialed adults with appropriate background check clearances. Students and faculty expect to be able to conduct their teaching and research in an adult academic environment. MAC manages the campus primarily for adults, and does not have the capacity to provide safe places for children who are not enrolled in specific programs. As a result, parents or guardians who find it necessary to bring a child to campus must adhere strictly to these rules:    

No child may be left alone on campus at any time for any reason; MAC will call the police if any child is found locked in a car or wandering alone around the campus; Children should not accompany MAC students to class; Personnel should not bring children to work unless MAC has specifically designated a time or place for staff children to be present; Unless they are enrolled in a specific program approved by MAC with appropriate adult supervision, children should not be in the library, classrooms, computer labs or science building; Resident students may not ‘babysit’ children in their residence hall rooms. All guests must be at least 18 years of age. Children under the age of 18 may only visit siblings who are resident students and must be escorted by said sibling at all times. Children under 18 are not allowed as overnight guests; and Invited guests with children who are here for campus events such as Homecoming, Alumni Weekend, athletic events, theatre programs etc. are also subject to the provisions of this policy. In the interest of protecting children, we reserve the right to ask anyone failing to comply with this policy to remove themselves from campus.

We understand that child care emergencies happen. We ask supervisors and faculty members to be lenient in excusing absences that result from child care emergencies. If no other arrangements can be worked out and a student brings a child to class, the faculty member may act at his or her discretion in handling the immediate situation, but in all cases, should remind the student of this policy. In all cases, the faculty member should inform the respective division chair of the situation so that appropriate follow-up communications can occur in a timely way.

DAILY CRIME AND FIRE LOG The Campus Police & Safety Department maintains a combined Daily Crime and Fire Log of all incidents reported to them. This log identifies the type, locations, and time of each incident reported to Campus Police & Safety. The most current 60 days of information is available in the Campus Police Office in the Cosgrave Student Center, Rm. 102/104. 86


The Daily Crime and Fire Log includes the violation type, date and time of occurrence, and general location of each reported incident type, as well as the status of the incident, if this information is known. The Campus Police & Safety Department posts specific incidents in the Daily Crime and Fire Log within two (2) business days of receiving a report of an incident and reserves the right to exclude reports from the log in certain circumstances as permitted by law. The Higher Education Opportunity Act (HEOA) requires two (2) new safety related requirements of institutions that participate in federal student financial aid programs which follow: (1)

(2)

Fire Log: Institutions must keep a fire log that states the nature of the fire, date, time, and general location of each fire in on-campus student housing facilities. Mount Aloysius College complies with this rule by including all fire-related incidents in the Daily Crime and Fire Log. To view the daily crime and fire-related incidents log visit the Campus Police & Safety Department in the Cosgrave Student Center, Rm 102/104. Requests for more information must be directed, in writing, to the Director of Campus Police & Safety. Information will be made available within two (2) business days of a request for public inspection. Annual Fire Safety Report: Institutions with on-campus student housing facilities must publish annually a fire safety report that provides information on campus fire safety practices and standards. Mount Aloysius College complies with this regulation by including all fire-related incidents at on-campus student housing facilities as part of the Annual Security and Fire Safety Report. Information contained in this annual fire safety report includes: number and cause of fires at all on-campus student housing facilities; number of fire-related deaths; related injuries; value of fire-related property damage; information on evacuation procedures; fire safety education and training programs; fire safety systems in each student housing facility; number of regular mandatory supervised fire drills; and policies on portable electrical appliance, smoking and open flames. The Annual Security and Fire Safety Report must include three (3) years of data.

If a fire occurs in any building, community members should immediately activate the building fire alarm system by use of a pull station. If possible, also notify Campus Police & Safety by dialing 814886-6327 to provide detailed information on exact location of fire and if anyone is injured or trapped. The campus fire alarm systems alert community members of potential hazards. MAC community members are required to heed an activated fire alarm system, and evacuate a building immediately. Use the nearest available exit to evacuate the building. MAC community members should familiarize themselves with the exits in each building. When a fire alarm is activated, the elevators in most buildings will automatically recall to a pre-designated fire safe floor. Occupants should use the stairs to evacuate the building. If you are caught in the elevator, push the emergency phone button. The emergency phones in elevators on campus ring to the on-duty Campus Police & Safety Officer.

87


Fire Protection Equipment/Systems All occupied buildings on campus are equipped with automatic fire detection and alarm systems which are monitored by the Emergency 24 alarm monitoring company, 24 hours a day, 365 days a year. Upon receiving an alarm Emergency 24 dispatchers contact the Cambria 9-1-1 center and the on duty campus Police & Safety officer.

COLLEGE AND UNIVERSITY SECURITY INFORMATION ACT, THE JEANNE CLERY ACT The information provided is made available to students, employees, potential members of the MAC community in accordance with the Student Right-to- Know and Campus Security Act (Public Law 101-542), now known as the Jeanne Clery Act and the Pennsylvania Act 1988-73 College and University Security Information Act. The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (The Clery Act) requires Mount Aloysius College, Campus Police & Safety Dept. to provide students and employees with information on its safety policies and procedures and specific statistics for certain criminal incidents, arrests and disciplinary referrals and to make the information and statistics available to prospective students and employees upon request. It is important to note that the crime classifications for which colleges and universities must provide statistics differ under state and federal law. Statistics for certain crime classifications might appear to be different. For example, the federal statistics for motor vehicle theft differ from the state statistics for the same category because the federal classification includes attempted motor vehicle thefts, while state law requires institutions to separately report attempted motor vehicle thefts. The crime statistics reported under the Jeanne Clery Act are requested annually by Campus Police & Safety from local law enforcement, Residence Life, Campus Conduct, numerous Campus Security Authorities and include the following: murder/ manslaughter and negligent manslaughter. Sex offenses of rape, sodomy, sexual assault with an object, fondling, incest, statutory rape, ( including formal reports and confidential report statistics) robbery, aggravated assault, burglary, larceny (theft), motor vehicle theft and arson are reported. In addition, statistics for arrests or disciplinary referrals for weapons, drug abuse and liquor law violations are recorded. Hate Crimes The law requires the release of statistics by category of prejudice concerning the occurrence of hate crimes in the crime classifications listed in the preceding section and for other crimes involving bodily injury to any person in which the victim is selected because of the actual or perceived race, gender, religion, sexual orientation, ethnicity/national origin, gender identity, or disability of the victim. In August of 2008 HEOA S 488, 20 U.S.C. S 1092 (f) (1) F (ii) modified the above hate crimes to include the following additional crimes under the hate crime category: 88


Larceny Theft: The unlawful taking, carrying, leading, or riding away of property from the possession, or constructive possession of another. Threats: Intimidation, stalking, unlawfully placing another person in reasonable fear, unlawfully placing another person in reasonable fear of bodily harm through the use of threatening words and/or other conduct, but without displaying a weapon or subjecting the victim to actual physical attack. Vandalism: To willfully or maliciously destroy, damage, deface, or otherwise injure real or personal property without the consent of the owner or the person having custody or control of it. Simple Assault: An unlawful physical attack by one person upon another where neither the offender displays a weapon, nor the victim suffers obvious severe or aggrieved bodily injury involving apparent broken bones, loss of teeth, possible internal injury, severe laceration, or loss of consciousness. MAC Annual Security Report and Clery Act Statistics also available on line at: https://issuu.com/mountaloysiuscollege/docs/asr2020

DEFINITIONS OF REPORTABLE CRIMES Murder/Manslaughter – defined as the willful killing of one human being by another. Negligent Manslaughter – defined as the killing of another person through gross negligence. Sex offenses – defined as any sexual act directed against another person, forcibly and/or against that person’s will; or not forcibly or against the person’s will where the victim is incapable of giving consent. Including: forcible rape, forcible sodomy, sexual assault with an object, forcible fondling, incest and statutory rape. Robbery – defined as taking or attempting to take anything of value from the car, custody, or control of a person or persons by force or threat of force or violence and/or by putting the victim in fear. Aggravated Assault – defined as an unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury. This type of assault usually is accompanied by the use of a weapon or by means likely to produce death or great bodily harm. Burglary – unlawful entry of a structure to commit a felony or a theft. Motor Vehicle Theft – theft or attempted theft of a motor vehicle. Arson – any willful or malicious burning or attempt to burn, with or without intent to defraud, a dwelling house, public building, motor vehicle or aircraft, personal property of another, etc.

89


Domestic Violence – Includes felony or misdemeanor crimes of violence committed by a current or former spouse of the victim, by a person with whom the victim shares a child in common, by a person cohabitating with or has cohabitated with the victim as a spouse, by a person similarly situated to a spouse of the victim under the domestic or family laws of the Commonwealth of Pennsylvania, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction. Domestic Violence is not defined by Pennsylvania state statute. Dating Violence – Means violence committed by a person—(a) who is or has been in a social relationship of a romantic or intimate nature with the victim; and (b) where the existence of such a relationship will be determined by the reporting party’s statement and based on a consideration of the following factors: i. ii. iii.

The length of the relationship. The type of relationship. The frequency of interaction between the persons involved in the relationship. Dating Violence is not defined by Pennsylvania state statute.

Stalking – Means engaging in a course of conduct directed at a specific person that would cause a reasonable person to—a) fear for his or her safety or the safety of others; or b) suffer substantial emotional distress. In Pennsylvania, 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; or (2) engages in a course of conduct or repeatedly communicates to another person under circumstances which demonstrate or communicate either an intent to place such other person in reasonable fear of bodily injury or to cause substantial emotional distress to such other person. Hate Crimes – includes all of the crimes listed above that manifest evidence that the victim was intentionally selected because the perpetrator’s bias against the victim based on one of the Categories of Prejudice listed below, plus the following crimes. Larceny/Theft – includes pocket picking, purse snatching, shoplifting, theft from building, theft from motor vehicle, theft of motor vehicle parts or accessories, and all other larceny. Simple Assault – unlawful physical attack by one person upon another where neither the offender displays a weapon, nor the victim suffers obvious severe or aggravated bodily injury involving apparent broken bones, loss of teeth, possible internal injury, severe laceration or loss of consciousness.

90


Intimidation – to unlawfully place another person in reasonable fear of bodily harm through the use of threatening words and/or other conduct but without displaying a weapon or subjecting the victim to actual physical attack. Destruction/Damage/Vandalism to Property (except Arson) – to willfully or maliciously destroy, damage, deface, or otherwise injure real or personal property without the consent of the owner or the person having custody or control of it.

CATEGORIES OF PREJUDICE Race – A preformed negative attitude toward a group of persons who possess common physical characteristics genetically transmitted by descent and heredity that distinguish them as a distinct division of humankind. Gender – A preformed negative opinion or attitude toward a group of persons because those persons are male or female. Religion – A preformed negative opinion or attitude toward a group of persons who share the same religious beliefs regarding the origin and purpose of the universe and the existence or nonexistence of a supreme being. Sexual Orientation – A preformed negative opinion or attitude toward a group of persons based on their sexual attraction toward, and responsiveness to, members of their own sex or members of the opposite sex. Ethnicity/national origin – A preformed negative opinion or attitude toward a group of persons of the same race or national origin who share common or similar traits, languages, customs, and traditions. Disability – A preformed negative opinion or attitude toward a group of persons based on their physical or mental impairments/challenges, whether such disability is temporary or permanent, congenital or acquired by heredity, accident, injury, advanced age, or illness. Gender Identity – A preformed negative opinion or attitude toward a group of persons because the perceived gender of those persons may be different from the gender traditionally associated with their gender at birth.

CLERY CRIME STATISTICS: The following annual security report provides crime statistics for selected crimes that have been reported to Campus Police & Safety, local police agencies or to campus security authorities. The statistics reported here generally reflect the number of criminal incidents reported to the various authorities. The statistics reported for the sub-categories on liquor laws, drug laws, and weapons offenses represented the number of people arrested or referred to campus student conduct authorities for 91


respective violations, not the number of offenses documented. This report complies with 20 U.S. Code Section 1092 (f).

2019

2018

On-campus property

2017

On-campus property

On-campus property

Offenses

Residence Hall

Total oncampus

Public Property

Noncampus Property

Residence Hall

Total Oncampus

Public property

Noncampus Property

Residence Hall

Total Oncampus

Public property

Noncampus Property

Murder/nonnegligent manslaughter

0

0

0

0

0

0

0

0

0

0

0

0

Manslaughter

0

0

0

0

0

0

0

0

0

0

0

0

Sex offensesconfidential report

0

0

0

0

2

2

0

0

0

0

0

0

Sex offensesformal report

0

0

0

0

0

0

0

0

0

0

0

0

Sex offenses Total

0

0

0

0

2

2

0

0

0

0

0

0

Robbery

0

0

0

0

0

0

0

0

0

0

0

0

Aggravated assault

0

0

0

0

0

0

0

0

0

0

0

0

Burglary

1

1

0

0

1

1

0

0

2

2

0

0

Larceny

5

10

0

0

2

8

0

0

4

5

0

0

Motor vehicle theft

0

0

0

0

0

0

0

0

0

0

0

0

Arson

0

0

0

0

0

0

0

0

0

0

0

0

Domestic violence

0

0

0

0

1

1

0

0

0

0

0

0

Dating violence

2

2

0

0

0

0

0

0

0

0

0

0

Stalking

0

0

0

0

0

0

0

0

0

1

0

0

0

0

0

0

0

0

0

0

0

0

0

0

Vawa offenses

Arrests Weapons

92


Drugs

0

0

0

0

0

0

0

0

0

0

0

0

Alcohol

0

0

0

0

0

0

0

0

0

0

0

0

Weapons

1

1

0

0

0

0

0

0

0

0

0

0

Drugs

0

0

0

0

4

5

0

0

2

2

0

0

Alcohol

59

60

0

0

40

40

0

0

37

37

0

0

Hate Crimes

No hate crimes reported in 2019

Referral

Unfounded Crimes

No hate crimes reported in 2018

2 unfounded crimes in 2019

No hate crimes reported in 2017

2 unfounded crimes in 2018

1 unfounded crimes in 2017

PENNSYLVANIA UNIFORM CRIME REPORT PA UCR Return A Reported Offenses 2018 ___________________________ Classification Of Offenses

Offenses Known 2019 YTD

Offenses Known 2018 YTD

Offenses Known Pct. Change

Actual Offenses 2019 YTD

Actual Offenses 2018 YTD

Actual Offenses Pct. Change

Offenses Cleared 2019 YTD

Offenses Cleared 2018 YTD

Offenses Cleared Pct. Change

Offenses Cleared Juvenile 2019 YTD

Offenses Cleared Juvenile 2018 YTD

Offenses Cleared Juvenile Pct. Change

02A-Rape

0

1

-100.00

0

1

-100.00

0

1

-100.00

0

0

N/A

04D-Assault Hands, Fist, Feet, Etc.

1

1

N/A

1

1

N/A

1

1

N/A

0

0

N/A

05B-Burglary Unlawful Entry - No Force

1

1

N/A

1

1

N/A

1

0

100.00

0

0

N/A

060-Larceny-Theft

10

8

25.00

9

6

50.00

9

5

80.00

0

0

N/A

Total Part I

12

11

9.09

11

9

22.22

11

7

57.14

0

0

N/A

04E-Other Assaults-not aggravated

0

1

-100.00

0

1

-100.00

0

1

-100.00

0

0

N/A

140-Vandalism

4

6

-33.33

3

6

-50.00

3

2

50.00

0

0

N/A

170-Sex Offenses (Except 02 and 160)

0

1

-100.00

0

1

-100.00

0

1

-100.00

0

0

N/A

18F-Drug Possession Marijuana

0

5

-500.00

0

5

-500.00

0

5

-500.00

0

0

N/A

220-Liquor Law

59

40

47.50

59

40

47.5

59

40

47.5

0

0

N/A

93


230-Drunkenness

0

2

-200.00

0

2

-200.00

0

2

-200.00

0

0

N/A

240-Disorderly Conduct

6

12

-50.00

6

12

-50.00

6

12

-50.00

0

0

N/A

260-All Other Offenses (Except Traffic)

3

3

N/A

0

3

-300.00

0

3

-300.00

0

0

N/A

Total Part II

72

70

2.85

68

70

-2.85

68

66

3.03

0

0

N/A

Overall Total for Mount Aloysius College

84

81

3.70

79

79

N/A

79

73

8.21

0

0

N/A

HEALTH AND SAFETY INSPECTIONS The Department of Residence Life performs residence hall room inspections at least once per semester, usually just prior to a scheduled college break. Residents are notified beforehand of the inspection process. The inspections are conducted to identify safety violations as well as conditions which may be detrimental to the health or well-being of the wider residential community. The inspections include a visual examination of electrical cords, sprinkler heads, smoke detectors and other life-safety systems. In addition, each room is examined for the presence of prohibited items such as candles, halogen lamps, open coiled appliances, pets, etc. Rooms are also examined for evidence of prohibited activity such as smoking in the room, removal of door closers, unauthorized door locking or alarm mechanisms, removal of security screens or other equipment, tampering with life-safety equipment, etc. This inspection also includes a general assessment of cleanliness of the room, including food and waste storage. Conditions requiring follow-up are reported through Residence Life staff to Maintenance or Campus Police & Safety as necessary. The resident’s signature on the Room and Board Contract is required in order for students to take occupancy. This signifies the student’s acceptance of and responsibility for abiding by residential and College policies as provided through all printed publications, web sites, email and other means. Per the agreement, College personnel may enter any room at any time for the purposes of inspection, establishment of order, maintenance, extermination, inventory correction, cleaning, or in case of emergency or other reasonable purposes.

FIRE POLICIES FOR ON-CAMPUS STUDENT HOUSING FACILITIES Students residing in The Mount Aloysius College residence halls are provided with comprehensive training and information that will enable them to prevent, escape, report and/or handle any fire emergency within the residence halls. No open flames are permitted in the residence buildings. Ihmsen Hall has an addressable fire detection system throughout the building with pull stations, smoke and heat detectors. 94


St. Joseph Hall and St. Gertrude Hall have an addressable fire detection system throughout the building with pull stations, smoke, and heat detectors. Misciagna Hall has an addressable fire detection system throughout the building with pull stations, smoke and heat detectors. A water sprinkler system is in place throughout the building. McAuley Hall has an addressable fire detection system throughout the building with pull stations, smoke and heat detectors. A water sprinkler system is in place throughout the building. Student Training Students receive the majority of their training from their Resident Assistants at the start of each semester. This training is received at mandatory floor meetings, scheduled during the first week of each semester. Students are provided with information regarding their floor, their building as well as fire safety and MAC Policies and Procedures. Students are shown the location of pull stations, fire safety equipment (fire extinguishers and smoke alarms) and evacuation routes from the building. The same information is provided to new students who move in during the semester. Immediately upon moving into a residence hall, every student should become familiar with fire exit routes and locations of fire extinguishers. When a fire alarm sounds, all persons must immediately evacuate the building and exit by the most direct safe route. Occupants must evacuate to points sufficient to ensure their personal safety. All residents must report to their designated evacuation points identified by their Resident Assistant. All occupants must evacuate in a timely manner. Students are trained in the following fire evacuation procedures: Before the Fire  Know the location of all pull stations on your floor.  Know the location of all fire extinguishers on your floor.  Know alternate exits, in the event that one is blocked. On Discovering a Fire  Find nearest pull station, and activate the alarm.  Shut all doors and windows in the vicinity of the fire.  If the fire is small, use fire extinguishers to put it out.  Exit by nearest safe stairway. Do not use the elevators. Do not run. Upon Alarm Activation/On Hearing the Alarm  If there is smoke in the room, keep low to the floor.  Try to exit the room. Feel the door with the back of your hand. If it is hot, do not open the door.  If the door is not hot, brace yourself against the door and crack it open. If there is heat or heavy smoke, close the door and stay in your room. 95


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Don’t panic. Seal up the cracks under the door with wet sheets, or towels. If there is smoke in the room, crack the windows at the bottom and at the top, if possible, to allow for ventilation. Hang a sheet or towel from the window to announce that you are in your room. Call the Campus Police & Safety Department at (814) 886-6327. Be sure to give your room number and your location in the room. If you can exit the room, put on shoes (and if necessary a coat). If smoke is evident, get a wet towel to cover your face. Close all doors as you exit. If while exiting the building you are blocked by fire, go to the safest fire free area, or stairwell. If a phone is available call Campus Police & Safety at (814) 886-6327, or find a window and signal that you are still in the building.

Evacuation Drills In order to test the fire alarm system and observe student and staff behavior, the Campus Police & Safety Department conducts fire evacuation drills. These drills are not publicized in advance. Students are held accountable for their behavior during these drills. Student behavioral issues are reported to Student Conduct. Fire evacuation drills are scheduled twice per year, once per semester. Drills are typically scheduled within a few weeks of the beginning of the semester. Fire alarm and facilities deficiencies are reported to the Physical Plant Office. Fire Safety Programming Each year, all freshman and new employees receive training. Throughout the year Residence Assistants schedule activities in association with Campus Police & Safety, such as live fire extinguisher training and informational sessions. Staff Responsibilities and Procedures  All Residence Life Staff are trained annually in fire safety protocols and procedures by the Campus Police & Safety Department.  Residence Life Professionals are responsible for the following:  Coordinating orientation and training in fire safety for resident assistants;  Ensuring the evacuation plans are in place in each residential building;  Reporting promptly to the Campus Police & Safety Department any defective exit lights, alarm boxes, fire extinguishers and inoperable fire doors; and  Reporting promptly to the Campus Police & Safety Department any other conditions that may create a fire hazard or unsafe condition which might interfere with the evacuation of occupants.  The Student Conduct Officer or his/her designee within the Student Affairs Division is responsible for handling the disciplinary action for students who do not comply with or violate fire safety regulations. 96


Resident Assistants: Fire safety training is included in the comprehensive Resident Assistant Training Program, which occurs in the month of August. This training includes general information, such as proper notification procedures, what to do in the event of a fire, how to use a fire extinguisher and other information. RA training also includes a building specific training segment, and prepared by the Director of Campus Police & Safety that provides RAs with detailed information about that hall. Resident Assistants are responsible for the following:  Informing their students of the policies and procedures regarding fire safety;  Observing that their students comply with all fire safety regulations and documenting any resident who violates or does not comply with those safety regulations;  Reporting any damaged, missing or stolen equipment to their director for repair or replacement; and  Conducting health and safety inspections to ensure that students are complying with all health and fire safety regulations as documented in the residence contract and/or the student handbook. Emergency Notification Procedures In the event of a fire, the following notification procedures should be followed:    

Resident or RA pulls fire alarm, notifies Campus Police & Safety; The fire department is notified by the alarm company; RA on Duty and or Security notifies on-call professional staff; and Professional staff member contacts Administration.

Campus Police & Safety Officer is responsible for notifying the Director of Campus Police & Safety. When a fire is reported, the resident or staff member who reports the fire should first pull the internal fire alarm. All internal alarm systems are connected via dedicated telephone lines to an alarm monitoring company. When an alarm is sounded the monitoring company notifies Cambria County 9-1-1 to dispatch the Cresson Volunteer Fire Department, and notifies Mount Aloysius Campus Police & Safety. The Campus Police & Safety Officer responds and contacts the alarm monitoring company. In the event of a false or accidental alarm the officer will cancel the alarm to the local fire department. The Officer contacts Cambria 9-1-1 if the alarm is not false and provides updated information for the responding fire units. Campus Police & Safety has control over the emergency situation until the Cresson Volunteer Fire Department arrives and the Incident Commander takes direct control over the situation. The RA on Duty should notify the on-call professional staff member for response. The Professional staff member is responsible for notifying Administration. The Campus Police & Safety Officer is responsible for notifying the Director of Campus Police & Safety. Additional Evacuation Procedures for Residents with Disabilities  In all emergencies, after an evacuation has been ordered, the following applies: 97


 

 

Check on people with special needs during an evacuation. A “buddy system,” where people with disabilities arrange for volunteers (RAs/neighbors/classmates) to alert them and assist them in an emergency, is a good method; Always ASK someone with a disability how you can help BEFORE attempting any rescue technique or giving assistance. Ask how he or she can best be assisted or moved, and whether there are any special considerations or items that need to come with the person; Evacuate or assist people with disabilities to get to the nearest stairwell if possible; DO NOT use elevators, unless directed to do so by security, police or fire personnel. If the evacuation has been ordered due to a fire, elevators could fail during a fire. Security, police or fire personnel will know if the elevators can be used; If the situation is life threatening, call Campus Police & Safety at 814-886-6327 or 9-1-1, and Attempt a rescue evacuation ONLY if you have had rescue training or the person is in immediate danger and cannot wait for professional assistance.

Aiding Persons with Specific Disabilities in Emergency Situations Blindness or Visual Impairment  Give verbal instructions to advise about safest route or direction using compass directions, estimated distances, and directional landmarks.  DO NOT grasp a visually impaired person’s arm. Ask if he or she would like to hold onto your arm as you exit, especially if there is debris or a crowd.  Give other verbal instructions or information (i.e., move to the stairwell, elevators cannot be used, etc.). Deafness or Hearing Loss  Get the attention of a person with a hearing disability by touch and eye contact. Clearly state the problem. Gestures and pointing are helpful, but be prepared to write a brief statement if the person does not seem to understand.  Offer visual instructions to advise of safest route or direction by pointing toward stairwell exits or evacuation maps. Mobility Impairment  It may be necessary to help clear the exit route of debris (if possible) so that the person with a disability can exit to a safer area.  If people with mobility impairments cannot exit, they should move to a safer area such as the nearest stairwell. If that is not possible, they should move to an office or other room with the door shut which is a good distance from the hazard.  Notify Security, police or fire personnel immediately about any people remaining in the building and their locations.  Security, police or fire personnel will decide whether people are safe where they are, and will evacuate them as necessary. They may determine that it is safe to override the general rule against using elevators.  If people are in immediate danger and cannot be moved to a safer area to wait for assistance, it may be necessary to evacuate them using an evacuation chair or a carry technique. 98


FIRE DEFINITIONS Fire: Rapid oxidation of combustible material accompanied by heat, light and smoke of combustible material, which is found outside of its normal appliance, whether or not it is extinguished prior to arrival of emergency personnel. Fire-related Deaths: Number of persons who were fatalities because of a fire incident, including death resulting from a natural or accidental cause while involved in fire control, attempting a rescue, or persons escaping from the fire scene (an individual who dies within one (1) year of injuries sustained as a result of a fire). Fire-related Injuries: Number of persons receiving injuries from fire-related incidents, including an injury from a natural or accidental cause who received medical treatment at a local medical facility. This includes first responders attempting to control the fire, attempting a rescue, or persons escaping from the fire scene. Persons may include students, faculty, staff, visitors, firefighters, or any other individuals. Estimated U.S. Dollar Loss Related to Fire Incidents: Estimated total U.S. dollar loss of both contents and structure or property destroyed because of a fire incident, not loss of business. Evacuation Procedures Posted: When a fire alarm is activated, evacuation is mandatory. DO NOT use elevators; evacuate the building using the nearest available exit and proceed to the area of refuge to begin an accountability and assessment process. Fire Alarms Monitored by Emergency 24: Fire alarms are monitored 24 hours a day, seven days a week, and 52 weeks a year by Emergency 24 dispatchers. Fire Safety Training Programs Delivered: Number of training programs delivered by Fire and Emergency Services or other responsible persons of authority within the College. Buildings Equipped with Fire Alarm Systems and Smoke Detectors: Buildings that have functional fire alarm systems and smoke detectors installed. Please note all residence halls are equipped with a functional fire alarm system and smoke detectors. Buildings Protected with Automatic Sprinkler System Throughout: Indicates an automatic sprinkler system protects all areas of a building. Fire Drills: The number of supervised scheduled drills or actual events at campus residence halls and other campus buildings that are facilitated and certified by the Campus Police & Safety Department. Various drills are conducted throughout the year to familiarize students and employees with emergency procedures and individual roles. Each year the Campus Police & Safety Department facilitates at least one drill per semester targeting all residential halls. All other buildings undergo at least one drill each year. 99


FIRE POLICIES REGARDING APPLIANCES IN HOUSING FACILITIES Portable Electrical Appliances: Extreme caution must be exercised in the use of electrical appliances. We strongly recommend the use of surge protectors. All appliances must have the Underwriter’s Laboratory (UL) approval. Hot plates, sunlamps, space heaters, air conditioners, electric ovens, toasters, toaster ovens, microwaves, coffee makers (including Keurig) and any other appliances with heating elements are prohibited. Irons and ironing boards are provided in the laundry rooms of each building. Routine health and safety inspections will occur at least once a semester. In several locations on campus there are microwaves provided by the college for student use. Caution should be taken to prevent fire hazards resulting from excessive use of appliances and over-dependence on power strips and extension cords. Lamps: A Special Safety Advisory – The use of halogen lamps is prohibited.        

Carefully read all safety instructions and warnings that accompany any lamp. Never use bulbs of a higher wattage or of a different style than is recommended by the manufacturer’s instruction. Never remove or discard a bulb that is hot to the touch. Don’t try to operate a lamp that has damaged or missing parts. Do not place lamps near clothing, draperies, or bedding, as accidental contact with the lamp bulb could ignite the material. Keeps lamps away from windows, bunk beds, and closets. NEVER place materials such as towels or clothing on top of lamps. Avoid placing lamps in location where they may be knocked over. Always remember to turn off or unplug any lamp when changing bulbs or when leaving your room/apartment. Taking proper precautions and guarding against potential hazards posed by lamps will help ensure community safety.

No Open Flames: Fire or smoke producing articles, such as Bunsen burners, portable stoves, kerosene lamps, cut trees, incense and candles (of any kind including warmers) are strictly prohibited in residence halls. Possession of hibachis, barbecue grills, smokers, potpourri burning units or other fire-starting devices or substances is prohibited in residences, as is their use in residential areas or adjacent outdoor space without staff supervision. Violators are subject to conduct action and possible criminal prosecution. Campfire Policy: Campfires and bonfires are not permitted on campus property without consent of the Campus Police & Safety Department Director. A fire extinguisher(s) will be provided for any approved event.

SMOKING: SMOKING AND TOBACCO POLICY 100


The use of tobacco and tobacco related products is prohibited in all campus facilities including residence hall facilities in order to lessen fire and health related hazards. The use of hookahs and other smoking paraphernalia, including vaping equipment, atomizers and vaporizers are prohibited. a) Tobacco products are not sold on campus. b) Smoking is not permitted on or around all campus athletic fields. c) Smoking outside on campus grounds is permitted ONLY in the three designated Smoking gazebos, not walking to or from. d) Smoking gazebos are located in the following outdoor areas: 1) the southeast corner of Pierce Hall, 2) the northwest corner of Academic Hall, and 3) the south side of Saint Joseph’s Hall on the opposite side of the walkway. Smoking outside of these gazebos on campus grounds is prohibited and may result in fines issued by Campus Police & Safety Department.

MAC ANNUAL FIRE REPORT FOR STUDENT HOUSING *This report is to comply with federal requirements. The Statistics and Related Information Regarding Fires in Residential Buildings 2019, 2018, 2017 have remained the same so only one chart is used for all three years. All buildings are considered to be in the on campus Clery geography. Buildings Located at 7373 Admiral Peary Highway

Total Fires in Each Building

Incident Number

Cause of Fire

St. Gertrude’s Hall

0

0

0

0

0

$0

2

St. Joseph’s Hall

0

0

0

0

0

$0

2

Ihmsen Hall

0

0

0

0

0

$0

2

McAuley Hall

0

0

0

0

0

$0

2

Misciagna Hall

0

0

0

0

0

$0

2

101

Number of Number Value of Injuries of Deaths Property That Related Damage Required to a Fire Caused by Treatment Fire at a Medical Facility

Number of Fire Drills Held


PLANS FOR FUTURE FIRE SAFETY IMPROVEMENTS OR UPGRADES Mount Aloysius College will be installing a new sprinkler system in Ihmsen Hall in the final phase of the renovation project (2022)

CLERY GEOGRAPHY MAP Yellow line indicates MAC property line including Admiral Peary Public Park. For the purposes of counting crimes within the Clery geography, Mount Aloysius College main campus is made up of the section within the yellow line, the section of SR 2014 between the campus property and the park since it borders MAC property. Not shown on the map is a house at 425 Park Avenue, Cresson Borough, owned by MAC and used for student housing. (about 50’x150’ lot with a three story structure) The house is within one mile of the main College address of 7373 Admiral Peary Highway Cresson Township and any statistics for this property will be included as on-campus).

102


Campus Map

103

Profile for Mount Aloysius College

ANNUAL SECURITY AND FIRE REPORT 2020  

ANNUAL SECURITY AND FIRE REPORT 2020  

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