The core purpose of the Sexual Harassment & Nondiscrimination Policy is the prohibition of all forms of discrimination. Sometimes, discrimination involves exclusion from or different treatment in activities, such as admission, athletics, or employment. Other times, discrimination takes the form of harassment or, in the case of sex-based discrimination, can encompass sexual harassment, sexual assault, stalking, sexual exploitation, dating violence or domestic violence. When an alleged violation of this anti-discrimination policy is reported, the allegations are subject to resolution using Holy Family University’s Title IX Grievance Policy or Code of Conduct/Allegation of Violation of Nondiscrimination Policy, as determined by the Title IX Coordinator.
Policy on Sexual Harassment
The Department of Education’s Office for Civil Rights (OCR), the Equal Employment Opportunity Commission (EEOC), and the State/Commonwealth/District of Pennsylvania regard Sexual Harassment, a specific form of discriminatory harassment, as an unlawful discriminatory practice. 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.
Sexual Harassment, as an umbrella category, includes the offenses of sexual harassment, sexual assault, domestic violence, dating violence, and stalking, and is defined as:
For the purposes of this definition:
- Quid Pro Quo: An employee conditioning educational benefits on participation in unwelcome sexual conduct;
- Sexual Harassment, which includes unwelcome conduct that a reasonable person would determine is so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the educational institution’s education program or activity;
- Sexual assault (as defined in the Clery Act), which includes any sexual act directed against another person, without the consent of the victim including instances where the victim is incapable of giving consent;
- Dating violence (as defined in the Violence Against Women Act (VAWA) amendments to the Clery Act), which includes any violence committed by a person:
- who is or has been in a social relationship of a romantic or intimate nature with the victim; and
- where the existence of such a relationship shall be determined based on a consideration of the following factors:
- The length of the relationship;
- The type of relationship;
- The frequency of interaction between the persons involved in the relationship.
- Domestic violence (as defined in the VAWA amendments to the Clery Act), which includes any felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under Pennsylvania’s domestic or family violence laws 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 Pennsylvania.
- Stalking (as defined in the VAWA amendments to the Clery Act), meaning engaging in a course of conduct directed at a specific person that would cause a reasonable person to
- fear for their safety or the safety of others; or
- suffer substantial emotional distress.
- 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.
- Reasonable person means a reasonable person under similar circumstances and with similar identities to the Complainant.
- Substantial emotional distress means significant mental suffering or anguish that may but does not necessarily require medical or other professional treatment or counseling.
Note that conduct that does not meet one or more of these criteria may still be prohibited under the Student Code of Conduct or Employee Code of Conduct.
Policy on Nondiscrimination
Holy Family University adheres to all federal and state civil rights laws and regulations prohibiting discrimination in private institutions of higher education. The University does not discriminate against any employee, applicant for employment, student, or applicant for admission on the basis of: race, color, religion, age, sex, sexual orientation, gender identity or expression, national or ethnic origin, ancestry, disability, marital status, military/veteran status, or any other protected category under applicable local, state, or federal law, including protections for those opposing discrimination or participating in any grievance process on campus, with the Equal Employment Opportunity Commission, or other human rights agencies.
This policy covers nondiscrimination in both employment and access to educational opportunities. Therefore, any member of the Holy Family University community whose acts deny, deprive, or limit the educational, employment, residential and/or social access, benefits, and/or opportunities of any member of the University community, guest, or visitor on the basis of that person’s actual or perceived membership in the protected classes listed above is in violation of the University’s policy on nondiscrimination.
When brought to the attention of Holy Family University, any such discrimination will be promptly and fairly addressed and remedied by the University according to the Nondiscrimination Policy grievance process.
Policy on Disability Discrimination and Accommodation
Holy Family University is committed to full compliance with the Americans with Disabilities Act of 1990 (ADA), as amended, and Section 504 of the Rehabilitation Act of 1973, which prohibit discrimination against qualified persons with disabilities, as well as other federal and state laws and regulations pertaining to individuals with disabilities.
An Jackson, Director of Equity & Inclusion / Deputy Title IX Coordinator, firstname.lastname@example.org, has been designated as the University’s ADA/Section 504 Coordinator responsible for overseeing efforts to comply with these disability laws, including responding to grievances and conducting investigations of any allegation of noncompliance or discrimination based on disability.
Grievances related to disability status and/or accommodations will be addressed using the Section 504/ADA Grievance Procedures as outlined in the Student Handbook.