The University offers resources for both students and employees, whether as Complainants or Respondents, to provide support and guidance throughout the investigation and resolution of a report of Sexual Misconduct. A full list of policies and procedures related to sexual misconduct can be found in the University Student Handbook.
Making a Report
The Title IX Coordinator and their designees are responsible for the enforcement of the University’s policies and regulations. Any member of the University community may file a complaint against another member of the University community alleging violations of the Sexual Misconduct Policy. An incident report should be completed by a University Official (e.g., Public Safety or Residence Life) and directed to Title IX Coordinator to process. A complaint shall be submitted as soon as possible after the incident occurred; however, the timeliness of the complaint shall be determined by the Title IX Coordinator based on facts and circumstances presented.
The Title IX Coordinator will speak directly to the complainant, take any statements wishing to be made, and will provide access to wellness resources. All choices regarding rights and reporting options will be reviewed. Should the reporting party wish to move forward with a formal report, the Title IX Coordinator will review next steps in the process.
Individual reporting incident of sexual misconduct
Individual responding to incident and allegation
Interim Measures and Accommodations
The university reserves the right to take whatever measures it deems necessary in response to an allegation of sexual misconduct in order to protect students' rights and personal safety. The University Title IX Coordinator and the Dean of Students have the ability to offer protective measures that may be put in place. These measures and access to accommodations are available regardless of whether a reporting party wishes to move forward with formal reporting and resolution services.
Holy Family University is committed to supporting victims of the various forms of violence by providing the necessary safety and support services. Student, faculty and staff victims of sexual misconduct are entitled to reasonable and appropriate measures to protect the person's access to Holy Family's education programs and activities, which may include protective measures before the final outcome of an investigation. Such protective measures and accommodations, which may be temporary or permanent, may include:
- no-contact order
- services of a victim advocate
- change in an academic schedule
- transportation modification
- work modification
- provision of alternative housing opportunities
- the imposition of an interim suspension on the accused
- provision of resources for medical and/or psychological support.
If safety is an immediate concern, students are encouraged to contact law enforcement for assistance as well.
Meeting of Rights
The Title IX Coordinator will meet with all parties involved, and make a determination regarding the allegations and whether to move forward to a formal investigation. Parties will be provided an opportunity to review all rights afforded to them. The Complainant and Respondent are entitled to the same opportunities to present relevant statements and witnesses during all procedures and may have an advisor of their choice present for any proceeding.
Trained investigators will provide an investigation that is committed to being prompt, thorough, reliable, equitable, fair and impartial. Investigators will interview the reporting and responding parties, necessary witnesses, and any individuals identified as necessary through the investigation process. Investigators will provide the Title IX Coordinator with a complete report of findings.
Determination of Actions
The written report will be reviewed, and the Title IX Coordinator will make a determination of whether or not to refer the actions to a Sexual Misconduct Hearing Board for review and determination.
Sexual Misconduct Hearing Board
A Board of three trained professionals will review the allegations, related investigation report, and recommendations as issued by the Investigators. Both the reporting and responding parties will be requested to meet with the Board. The Board will make a final determination of responsible or not responsible related to alleged violations. Should a student be found responsible for violating University policy or Code of Conduct, sanctions will be imposed and may include suspension or expulsion. Both the Complainant and Respondent will be informed in writing of the final determination.
Standard of Evidence
The University uses a preponderance of evidence standard. Using this standard, decision makers consider if, using the information and evidence given, it is more likely than not that a violation has occurred.
All parties involved in these proceedings have access to appeal, may request a reconsideration, and will have equal rights to participation. Appeals will be heard by the Associate Vice President for Student Life, or their designee.
When an allegation of misconduct is brought to an appropriate administration's attention, and a respondent is found to have violated this policy, serious sanctions will be used to reasonably ensure that such actions are never repeated. Sanctions for students include, but not limited to, reprimand, suspension, and expulsion.