Reporting Sexual Misconduct

Report- A notification of an incident of sex-based discrimination or sexual misconduct to the Title IX Coordinator or designee by any person. A report may be accompanied by:

• A request for supportive measures
• A request for the Title IX Office to take no further action
• Filing a formal complaint, which initiates the University’s sexual misconduct resolution process.

Note: When the Title IX Office receives a report, the Title IX Coordinator contacts the affected party, offers supportive measures, explains the process, discusses their rights and options, and answers any questions they may have. The affected party decides if and how they would like to proceed.

Formal Complaint - A document, including an electronic submission, filed by a complainant with a signature or other indication that the complainant is the person filing the formal complaint. The sexual misconduct resolution process is initiated when a complainant delivers a written, signed formal complaint describing the facts of the specific ESU Sexual Misconduct (Title IX) Policy violation another person is alleged to have committed. The complainant decides whether to request the formal (investigation & hearing) or informal (mediation or restorative justice) process.

No. Participating in the Title IX process is entirely up to you. You can request supportive measures and helpful resources, whether you choose to file a formal complaint or not. Speaking with the Title IX Office does not obligate you to anything.

However, please be aware that if a report contains information that provides knowledge of a threat to the greater campus community, the Title IX Office has the option to take action to ensure that the rest of the community is not in danger.

You can contact the Title IX Office for support. You can do so by referring to the reporting information at the top of this webpage. Once you contact the Title IX Office, the Equal Opportunity and Title IX Coordinator will reach out to you to provide you the opportunity to discuss the situation, inform you of the investigative process, and to provide you with any supportive measures, resources, or accommodations that would be of assistance.

You can also contact University Police if you have been subjected to a sexual assault, dating/domestic violence, or stalking at (570) 422-3046 and file a police report.

You have the right to report an incident to both the Title IX Office and the University Police.

There are confidential resources on campus and in the community that you can contact. They are identified below:

• Counseling & Psychological Services (CAPS) - Confidential
  Health & Wellness, Lower Sycamore Suites
  (570) 422-3277
• Student Health Center - Confidential
  LVHN ExpressCARE – POCONO
  200 East Brown St.
  (272) 762-4378
• Safe Monroe - Confidential
  Domestic & Sexual Violence Services
  225 J. Wilson Drive, Delaware Water Gap, PA
  24-HR Crisis Hotline: (570) 421-4200

Yes. You can report an incident of sexual assault anonymously. Report a complaint online and select the "Remain Anonymous" checkbox. Remember, however, that if you make an anonymous report, it may limit the actions the University can take without all of the information.

No. You may tell them what occurred, but they will not receive notification from the Title IX Office (unless you are under the age of 18). Additionally, the Title IX Office may not speak to your parents about the situation unless you give us permission to.

Yes. If you wish to file a formal complaint, then the other person will be notified that a complaint was made against them and it was you that filed the complaint. They will also be notified of the date and time and location where the incident(s) occurred, and the allegations that was made. This is part of the due process protections provided to everyone involved in the process.

There are other avenues that you may wish to pursue if you don’t want notification to be made to the other person or if you want to keep the matter confidential. These others processes will be described to you by the Equal Opportunity and Title IX Coordinator.

No. This matter will not be made part of your academic record. However, if the respondent is found to be responsible for the alleged misconduct, the respondent will then have a record in the Office of Student Conduct and Community Standards. Nothing is noted on a student’s academic transcript if they participate in the Title IX process.

Title IX cases and investigations are confidential, so unless there is a compelling reason to know about the investigation, you will not know the types or number of cases on campus. However, the campus Clery Report provides you with information regarding criminal activity occurring on campus on an annual basis.

The complaints made to the Equal Opportunity and Title IX Coordinator provide information to determine whether there is a danger to the community from the actions of this individual(s). If there is a danger to the community or continuing threat, the Title IX Office is well situated to inform University police. Additionally, University Police provide regular safety messaging regarding incidents that have occurred on campus and provide information regarding appropriate safety measures. Further, the Title IX office may initiate investigations on behalf of the University if there are allegations of a danger to the campus or community.

It is one of the disciplinary sanctions that may occur. If the investigation reveals that the respondent is referred to Student Conduct for a possible hearing, one of the disciplinary sanctions could include expulsion from the school. However, before that would occur, the respondent would be provided due process in both the investigation and the conduct hearing to ensure that everyone is being treated fairly.

Possibly. But this determination would be made through the law enforcement and criminal prosecution process, not the Title IX process. Both of these processes can go on simultaneously. The Equal Opportunity and Title IX Coordinator can address the differences between the processes with you.