Title IX FAQ's

All educational programs or activities receiving federal financial assistance must comply with the federal Title IX regulations. The regulations include mandates such as requiring these schools to adopt and publish grievance procedures for filing complaints of sex discrimination, including complaints of sexual harassment or sexual violence. To maintain an equitable process for all involved that includes due process rights. And how the schools must respond to reports of sexual misconduct defined by the regulations. The ESU Sex Discrimination and Sex-Based Harassment Policy. not only complies with the Title IX regulations, but it also expands on them to provide further protections for the campus community and adhere to Pennsylvania state law.

Report - A report is defined as notification of an incident of sex discrimination or sex-based harassment to the Title IX Coordinator or Deputy Title IX Coordinator by any person. A report may be accompanied by a request for:

(1) Supportive measures

(2) No further action

(3) Filing a complaint; and/or

(4) A request to initiate an informal resolution process, if available.

A report is different than a complaint. Filing a complaint starts the University’s investigation process. Making a report does not start the investigation 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.

Complaint - A verbal or written request to the University that objectively can be understood as a request for the University to investigate and make a determination of responsibility about alleged sex discrimination or sex-based harassment under Title IX. When a party files a complaint, they are the referred to as the "Complainant". And the party that is the subject of the complaint is referred to as the "Respondent".

No. Remember, a "report" is different than a "complaint", see the FAQ entry above. The formal resolution process (investigation and hearing) starts when an affected party (the person subjected to the misconduct) files a complaint and requests an investigation and hearing. It is important to note that the affected party can choose instead to request the informal resolution process (mediation or restorative justice) instead of the formal resolution process. After an affected party files a complaint, they are referred to as the “Complainant.” Also note that if the allegations contained in the complaint do not fall under the Title IX Office’s jurisdiction, then the complaint must be dismissed. If it is dismissed, the Title IX Office will assist the complainant by identifying the office or agency best suited to support them and/or address the allegations.

The Title IX Office respects an affected party’s autonomy to the greatest degree possible as directed by the United States Department of Education. That means that if an affected party does not wish to file a complaint and start the investigation process, the Title Office will not investigate unless the Title IX Coordinator has determined that the investigation is necessary and not unreasonable under the circumstances such as when there is a clear threat to the greater campus community.

No, there is no time limit for reporting allegations of sexual misconduct, however, the University strongly encourages the prompt reporting of sexual misconduct to allow the University to respond quickly and effectively.

Yes, a third party may file a report. The Title IX Coordinator will then reach out to the affected party (the person subjected to the misconduct) to offer the option to discuss supportive measures, rights under the policy, explain the Sex Discrimination and Sex-Based Harassment Resolution Process, and answer any questions they have.

Yes, you may also seek to initiate a criminal complaint, independent of or parallel with any report made to the University. The University process is meant to be educational in nature. It is an administrative process based on policy and procedure. The criminal justice process has different procedures, standards, requirements, and different potential outcomes. Contact information for the police:

East Stroudsburg University Campus Police
Hemlock Suites, Smith Street, Ground Floor
(570) 422-3064 or 911

Pennsylvania State Police
2730 Rimrock Drive Stroudsburg, PA 18360
(570) 619-6800

The East Stroudsburg University (ESU) Sex Discrimination and Sex-Based Harassment policy applies to conduct that occurs off university property when that conduct is associated with a university sponsored activity such as internships, practicums, student teaching, study abroad and service learning. Title IX Information Sheet for Internships, etc."

Yes, the Title IX Office accepts anonymous reports. However, the University’s ability to address misconduct reported anonymously is significantly limited. To report an incident of sexual misconduct anonymously, follow this link: File a report 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 the information available.

When a report involves suspected abuse of a child (an individual under the age of 18 at the time of the incident as reported), all University Employees, Officials, and Volunteers are required to notify the University Police and the ChildLine run by the Pennsylvania Department of Human Services (800) 932-0313.

Privacy generally means that information related to a report of sex discrimination or sex-based harassment will only be shared with a limited circle of individuals, including individuals who “need to know” in order to assist in the review, investigation, or resolution of the report or to deliver resources or support services. While not bound by confidentiality or privilege, these individuals will be discreet and respect the privacy of all individuals involved in the process. All participants in an investigation of Sex Discrimination under this Policy, including Advisors and Witnesses, will be informed that privacy helps enhance the integrity of the investigation and protect the privacy interests of the parties. The University will take reasonable steps to prevent and address the Parties’ and Advisors’ unauthorized disclosure of information and evidence obtained solely through the grievance process. However, nothing in this Policy is intended to impose restraints on a Party’s ability to obtain and present evidence, including by speaking to witnesses; consult with their family members, confidential resources, or advisors; or otherwise prepare for or participate in the grievance procedures.

Confidential resources will not share information with the Title IX Coordinator or any other employee of the University without the express permission of the disclosing Party. Confidential Employees can provide information about the University and off-campus resources, support services and other options. As noted above, because of the confidential nature of these resources, disclosing information to or seeking advice from a Confidential Employee does not constitute a report or Complaint to the University and will not result in a response or intervention by the University. A person consulting with a Confidential Employee may decide to make a report to the University and/or law enforcement.

Confidential resources on the East Stroudsburg University campus are The Department of Counseling and Psychological Services (CAPS) and The Student Health Services at Lehigh Valley Health Network – Pocono.

Consent – A knowing and voluntary agreement to engage in specific sexual activity at the time of the activity communicated through clear actions and/or words that are mutually understood. In order to be valid, Consent must be active, present, and ongoing.

• Consent can be withdrawn at any time and consent to one form of sexual activity is not necessarily consent to other forms of sexual activity.
• Consent is not present when it is the result of coercion, intimidation, force, or threat of harm. Consent is not present when an individual is incapacitated due to alcohol, drugs, or sleep, or otherwise without capacity to provide Consent due to intellectual or other disability or other condition.
• When alcohol is involved, incapacitation is a state beyond drunkenness or intoxication. When drug use is involved, incapacitation is a state beyond being under the influence of or impaired by the use of the drug. Alcohol and other drugs impact each individual differently. Determining whether an individual is incapacitated requires an individualized determination.
• When determining whether a person has the capacity to provide Consent, the University will consider whether a sober, reasonable person in the same position knew or should have known that the other Party could or could not consent to the sexual activity.
• When determining whether Consent has been provided, all circumstances of the relationship between the Parties will be considered.

The health and safety of every student at the University is of utmost importance. The University recognizes that students who have been drinking and/or using drugs (whether such use is voluntary or involuntary) at the time sexual misconduct occurs may be hesitant to report such incidents due to fear of potential consequences for their own conduct.

The University strongly encourages students to report incidents of Sex Discrimination and Sex-Based Harassment. A witness to or individual who experiences Sex Discrimination or Sex-Based Harassment, acting in good faith, who discloses any incident of Sex Discrimination or Sex-Based Harassment to University officials or law enforcement will not be sanctioned under the University’s Student Code of Conduct for violations of alcohol and/or drug use policies occurring at or near the time of the incident(s) of Sex Discrimination or Sex-Based Harassment. The University may require the individual to attend an approved alcohol or drug education program without assessing any charges for such program. Amnesty does not preclude or prevent action by police or other legal authorities pursuant to relevant state or federal criminal statutes.

Supportive Measures – Individualized measures offered as appropriate, as reasonably available, without unreasonably burdening a Complainant or Respondent, not for punitive or disciplinary reasons, and without fee or charge to the Complainant or Respondent to:

• Restore or preserve that Party's access to the University's education program or activity, including measures that are designed to protect the safety of the parties or the University's educational environment; or
• Provide support during the University’s grievance procedures or during the informal resolution process.
• Supportive Measures will be offered, as appropriate, to the Complainant or the Respondent, regardless of whether a Complaint is filed.
• Supportive Measures may include, but are not limited to counseling, extensions of deadlines or other course-related adjustments, campus escort services, increased security and monitoring of certain areas of the campus; restrictions on contact applied to one or more parties (no contact agreements or orders), changes in class, work, housing, or extracurricular or any other activity regardless of whether there is a comparable alternative; and training and education programs related to Sex-Based Harassment.

No, you do not need to file a complaint to receive supportive measures. Supportive measures are offered to any party (including respondents), even if they only wish to file a report and not proceed any further in the Title IX process.

Title IX Office investigators designated by the Title IX Coordinator perform investigations of alleged violations of the policy under a reasonably prompt timeframe. The Title IX Coordinator may also serve as an investigator. The Title IX Coordinator and investigators are trained on a yearly and ongoing basis to conduct Title IX investigations.

The investigation process is explained in detail in the ESU Sex Discrimination and Sex-Based Harassment Policy. To summarize here, the investigators conduct investigative interviews with both parties and witnesses and collect evidence. They share all relevant evidence and interview summaries with both parties via a final investigative report. Prior to the hearing, the investigators deliver the final investigative report to both parties and the Decision Makers who comprise the hearing board.

The hearing process is explained in detail in the ESU Sex Discrimination and Sex-Based Harassment Policy. To summarize, the parties are given the opportunity to provide opening statements if they wish. Then, the Decision Makers ask questions of the parties and witnesses. The parties may question (through the Decision Makers) the other party and the witnesses. When determining responsibility, the Decision Makers consider the questioning, investigative report, and all relevant evidence. The Decision Makers use the preponderance of the evidence standard. Meaning they attempt to determine whether it is more likely than not that a violation of policy occurred.

The University cannot compel participation and does not have subpoena power. Therefore, any party or witness may decide not to share their account of what occurred or may decide not to participate in an investigation or hearing. This does not shift the burden of proof away from the University and does not indicate responsibility for any alleged misconduct.

If there are no extenuating circumstances, the determination regarding responsibility is issued by the University within 10 days of the completion of the hearing. If the respondent is found responsible for the alleged misconduct, sanctions are applied. There is an appeal process defined in the ESU Sex Discrimination and Sex-Based Harassment Policy that allows either party to appeal the decision based on certain grounds. The determination regarding responsibility becomes final either upon the outcome of any appeal or the expiration of the window to appeal without an appeal being requested.